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

iMiitiui;^ 



J 



PRIVATE AND SPECIAL 



STATUTES 



COMMOJV WEALTH OF MASSACHUSETTS^ 

FROM JUNE 1814 TO FEBRUARY 1822. 



REVISED AND PUBLISHED, BT 



AUTHORITF OF THE LEGISLATURE, 



IN CONFORMITY WITH A RESOLUTION, PASSED 



22d FEBRUARY 1822. 



VOL. V. 



BOSTON ; 

PUBLISHED BY WELLS AND LILLY. 

1823. 



PRIVATE AND SPECIAL 



OF 



m 



All Act in addition to an Act, entitled " An Act to incoipoiate The President, Di- ClKip. 1 . 
rectors and Company of the Springfield Bank." HSIS ch 90.") 

"DE 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 Pre- Act in part re- 
sident, Directors and Company of the Springfield Bank," as re- peeled. 
gards the times at which the Stockholders of said Bank are 
required to pay in their several instalments of the capital stock 
thereof, be, and hereby is repealed ; and that the Stockhold- 
ers of said Bank be, and hereby are required to pay in the 
several instalments of the capital stock of said Bank at the fol- 
lowing 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. [June 2, 
1814.] Further acts— 1814 ch. 60: 1815 ch. 110: 1817 chi 
54. 115. 

An Act for the relief and to alter the name and stile of the third Massachusetts C7lCW. 2. 
Turnpike Corporation. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That an act, entitled " An act in addition to the several Act repealed, 
acts establishing and regulating the third Massachusetts Turn- (1813 ch. 93.) 
pike Corporation," which was passed on the fifth day of Feb- 
ruary last, be, and the same hereby is repealed. 

Sect. 2. Be it further enacted, That the said Corporation 
shall henceforth be known and called by the name and stile of 
the Worthington Turnpike Corporation. \J\ine 3, 1814.] 

An Act establishing the Haverhill Cotton and Wool Manufactory. ChoVm 2. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Ebenezer Gage, James How, William Dole, Richard H. Persons incor- 
Kimball, Benjamin Clark, Edward Brown, Benjamin Emerson, porated. 
•Jun. and Solomon Nelson, Jun. with such other persons as al- 






4 1814. Chap. 3— 5. 

ready have, or hereafter may associate with them, their suc- 
cessors and assigns, be, and they hereby are made a Corpora- 
tion, by the name of the Haverhill Cotton and Wool Manufac- 
tory, for the purpose of manufacturing cotton and woollen yarn 
and cloth, within the town of Haverhill, and for such purposes, 
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 
<l808ch. 65.) hundred and nine, entitled ''An act defining the general pow- 
ers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted, That said Corporation may 

be lawfully seized and possessed of such real estate notexceed- 

May hold real ing the value of thirty thousand dollars, and such personal es- 

estatc!"^^""^ tate not exceeding eighty thousand dollars, as may be necessary 

for the purposes aforesaid. [Jime 7, 1814.] 

J* * An Act to incorporate the Chester Glass Company. 

Sect. 1. BE it enacted by the Senate and House of Represeu' 
tatives, in General Court assembled^ and by the authority of tht 
Persons incor- same. That Jesse Farnam, Harvey Champion, John Dewey, 
'■'"^ * Charles Douglas, Thomas Mather, David King, Leister King, 

Benjamin Hastings, 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 
Chester Glass Company, for the purpose of manufacturing glass 
in the town of Chester, in the county of Hampden ; and for the 
purpose aforesaid, shall have all the powers and privileges, 
and shall be subject to all the duties and requirements contain- 
ed in an act passed the third day of March, in the year of our 
(1808 ch. 65.) Lord one thousand eight hundred and nine, entitled "An act 
defining the general powers and duties of Manufacturing Cor- 
porations." 
May hold real Sect. 2. Be it further enacted, That said Corporation 
and personal ^r^y |-)g lawfully scized and possessed of such real estate not 
estate. exceeding the value of fifty thousand dollars, and such person- 

al estate not exceeding one hundred and fifty thousand dollars, 
as may be necessary and convenient for carrying on the man- 
ufacture aforesaid. [June 7, 1814.] 

L/hap> 5. j^u Act to incorporate tlie Ashburnham Cotton Factory Company. 

Sect. 1. BE it enacted by the Seiiate and House of Representa- 
tives in General Court assembled, and by the authority of the same. 
Persons incor- That David Cushing, Jun. Josiah Lane, Benjamin Barrett and 
porated. 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 
Ashburnham Cotton Factory Company, for the purpose of man- 
^lfacturing 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 requirements contained in an act 
passed the third day of March, one thousand eight hundred 
(1808 cb. 65.) and nine, entitled " An act defining the general pcrwers and du- 
ties of Manufacturing Corporations." 



1814. Chap. 6. 5 

Sect. 2. Be it further enacted, That said Corporation may May hold real 
lawfully hold and possess, for the purposes aforesaid, real es- ^"'^ personal 
tate to the value of twenty thousand dollars, and personal estate 
to the value of sixty thousand dollars. [June 7, 1814.] 

An Act to establish the Free Christian Society in Berkley. K^ncip, 6. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same. That Zephaniah Jones, Edmund Burl, Henry Tew, Phil- Persons incor- 
lip Tew, Dan Tew, John Tew, Hathaway Tew, Darius Phil- porated. 
iips, John Phillips, Joseph Dean, Aaron Nichols, Ebenezer 
Peirce, Jr. Marick Tew, Barnabas Cudworth, David Cudworth, 
Job Briggs, William Evans, John Goff, Avery Winslow, George 
Briggs, Joseph Briggs, Samuel Paull, Ebenezer Paull, 2d, Ahas- 
vierus Paull, Ephraim Caswell, Phillip Caswell, John Burt, Ve- 
nus Macomber, Elisha Peirce, Jun. William Harvey, Dean 
Jones, Joseph Atwood, Alanson Cummings, Hannah Burt, Jo- 
seph Burt, Weston Westcoat, with their families and estates, to- 
gether 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 Com- 
monwealth : Provided, That all such persons shall be holden to Pioviso. 
pay all monies granted and legally assessed in said town of 
Berkley, for parochial purposes, prior to the passing of this 
act. 

Sect. 2. Be it further enacted. That any person, who mav 
desire to become a member of the said Free Christian 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 Manner of be- 
admission, signed by the Clerk or Committee, that such person coming a mem 
has united with and actually become a member of said Free ^^^' 
Christian 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 leav- 
ing a copy of said certificate with the Clerk of the Parish or 
Society to which he or she formerly belonged, shall be consid- 
ered, with his or her polls and estate, a member of the said Free 
Christian Society ; Provided, hozoever, That every such person Proviso, 
shall be holden to pay his or her proportion of all parochial 
expences in the Society to which such person belonged, asses- 
sed, and not paid, previous to leaving such Society. 

Sect. 3. Be it further enacted. That when any member of 
the said Free Christian Society may see cause to leave the 
same, and unite with any other religious Society, he or she 
shall give notice of such intention to the Clerk or Committee of 
such other Society, fifteen days at least previous to the annual 
meeting, and if such person receive and can produce a certifi- 
cate of admission, signed by the Clerk or Committee of such 
other religious Society, that such person has united with and 



6 1814. Chap. 6—9. 

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 in said Free 
Christian Society previous thereto, shall, from the time of leav- 
ing a copy of said certificate with the Clerk of said Free Chris- 
tian Society, be considered with his or her polls and estate as 
a member of said other Society. 
Justice to issue Sect. 4. Be it further enacted, That any Justice of the Peace 
warrant, for the county of Bristol, be, and hereby is authorised to issue 

a warrant, directed to some member of said Free Christian So- 
ciety, requiring him to notify and warn the members thereof to 
meet at such time and place as shall be appointed in said war- 
rant, to choose all such officers as religious Societies have a 
right to choose at their annual meetings. [Jw?ie 7, 1814.] 

' "• '• An Act in addition to an act, entitled " An act to incorporate certain persons by 

(1813 ch. 16.) tlie name of the IMedford Wire Factor)'." 

Sect. 1. BE it enacted, by the Senate and House of Repre- 
sentatives, in Gtneral Court assvvibled, and by the authority of the 
Powers enlarg- same, That the powers heretofore granted to the Medford Wire 
^^' Factory be, and they hereby are so far enlarged, as that the 

said Corporation may hereafter carry on as well the manu- 
Proviso. facture of screws as of wire : Provided however. That the capi- 

tal slock, vested in the said additional branch of manufacture, 
shall at no time exceed the sum ot fifty thousand dollars. 

Sect. 2. Be it further enacted. That the said Corporation 
shall henceforth be known and called by the name of the Med- 
ford Wire and Screw Factory. [Jioie 7, 1814.] 

l^tiap> o. ^j, ^^fy (Q incorporate the Athol Manufacturing Company.* 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, ?n General Court assembled, and by the authority of the 
Persons incor- same. That Ebcnezcr Nickerson, Ammi Cutter, Aaron Brigham 
porated. ^^^^ Adin Holbrook, their successors and assigns, be, and they 

hereby are made a Coiporation, by the name of the Athol Man- 
ufacturing Company, fur the purpose of spinning cotton and 
wool, and uLanufacturiiig cotton and woollen cluth and yarn, in 
the town of Athol, in the county of Worcester ; and for the pur- 
poses 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 
(1803 ch. 65.) thousand eight hundred and nine, entitled " An Act defining the 

general powers and duties of Manufacturing Corporations." 
May hold real Sect. 2. Bc it further enacted, That said Corporation may 
and personal ^e lawfully scizcd and possessed of such real estate not ex- 
estate, ceeding the value of fifty thousand dollars, and such personal 
estate not exceeding fifty thousand dollars, as may be necessa- 
ry and convenient for carrying on the manufacture aforesaid. 
[June 9, 1814.] 

Chap» 9. An Act in addition to an art, entitled "An act to incor])Oiate William Gray, Jun. 

f 1802 ch. 110.) '^^I* ^"'^ others, into a Company, by the name of the Essex Fire and Marine 
(V» 3. p. 16K) Insurance Company." 

BE it enacted by the Senate aj^d House of Representatives, in Gen- 



1814. Chap. 9—11. 7 

«ral Court assembled, and by the authority of the some, That To invest in 
the Essex Fire and Marine Insurance Company be, and they f^ai estate. 
hereby are authorised 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 thinji 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. 
{June 9, 1814.] Add. act— 1822 ch. 74. 

An Act to incorporate the Dalton Cotton and Paper Manufacturing Company. Chap, 10. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Henry Marsh, Martin Chamberlain, Daniel Boardman, Persons incor- 
Dan Chamberlain, Zenas Crane, Thomas Holden, and Trum- Pirated. 
bull Dorrance, together with such others as have or may here- 
after associate with them, their successors and assigns, be, and 
they are hereby made a Corporation, by the name of the Dal- 
ton Cotton and Paper Manufacturing Company, for the pur- 
pose of manufacturing 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 powers and privileges, 
and be subject to all the duties and requirements contained in 
an act passed the third day of March, in the year of our Lord 
one thousand eight hundred and nine, entitled " An act defining (isosch. 65.) 
the general powers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted, ^hat said Corporation may May hold real 
be lawfully seized and possessed of such real estate not exceed- and personal 
ing the value of thirty thousand dollars, and such personal es- 
tate not exceeding fifty thousand dollars, as may be necessary 
and convenient for carrying on the manufactures aforesaid. 
IJune 9, 1814.] 

An Act to incorporate the north part of the town of Dighton into a separate town Chap, 11. 
by the name of Wellington. , 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same, 
That all the lands comprised within 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 Boundaries de- 
south by Segreganset river, beginning at its mouth and ending 
at the second Bridge across the same, in the highway leading 
from the lower street, vresterly by Thomas B. Richmond, Esq. 
on the north side of said highway to the upper street, then by 
the north side of the road running westerly 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 Daniel With- 
erelFs in a direct course to Rehoboth line ; thence following 
the line of division between Dighton and Rehoboth until it 
reaches Taunton boundary line ; thence on the boundary line 



scribed. 



8 



1814. 



Chap. 11. 



rated. 



Support of the 
poor. 



of Dighton and Taunton to its termination at Taunton great 
river ; thence by said river to the mouth of Segreganset, 

Town incorpo- where the bounds began, be, and they hereby are incorporat- 
ed into a town, by the name of Wellington, and vested with all 
the powers, privileges, and immunities, and subject to all the 
duties and requirements of other incorporated towns agreeable 
to the constitution and laws of this Commonwealth. 

Sect. 2. Be it further enacted, That all the cxpences arising 
for the support of the poor of said town of Dighton, with 
which it is now chargeable shall be equally divided between 
the towns of Dighton and Wellington, and all such poor as 
have removed out of said town of Dighton prior to this act of 
incorporation, but who may hereafter be lawfully returned to 
said town for support, shall be supported by the town of Digh- 
ton, or by the town of Wellington where their former inhabi- 
tancy will lawfully settle them ; and when the said town of 
Wellington shall be organized, the paupers, whether the same 
be supported in whole or in part only, shall be divided as near- 
ly as may be, and one half of the number delivered over to 
the Overseers of the poor of that town, to be by them sup- 
ported. 

Sect. 3. Be it further enacted. That the inhabitants of said 
town of Wellington shall be holden to pay all arrears of taxes, 

Topay arrears, which have been assessed upon them by said town of Dighton, 
and shall be entitled to receive, hold and enjo3% such propor- 
tion 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 Digh- 
ton, of what kind soever it may be, now owned in common by 
the inhabitants of said town, as the property of the inhabitants 
of said town of Wellington bears to the property of all the 
inhabitants of said town of Dighton, according to the last val- 
uation thereof; and they shall be holden to pay their propor- 
tion, to be ascertained as aforesaid, of all the debts now due 
and owing from said town of Dighton. 

Sect. 4. Be it further enacted. That in case the dividing 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 inhabitants shall be taxed for 
the whole of their home farms in that town only where they 
may respectively dwell : Provided, also, and be it further enact- 
ed, That nothing in this act shall be construed so as to alter 
any parochial boundary, ministerial fund, burying ground, or 
any religious institution connected with any ot the inhabitants 
of said town of Dighton. 

Sect. 5, Be it further enacted. That Thomas Baylies Rich- 
mond, 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 directed to any freeholder of 
said town of Wellington, requiring him to notify and warn the 
inhabitants thereof to meet at such time and place as shall or 
may be appointed in said warrant for the election of all such 
town officers, as towns are by law authorised to choose at their 
annual town meetings. [June 9, 1814.] 



Proviso. 



Justice to issue 
warrant. 



1814; Chaf. 13—17. ^ ^ 

An Act to incorpoiate the Nonhhiklge Cotton Maniif.irlurhiq; Company. Chap. 13. 

Sect. 1. BE it enacted by the Senate and House, of Representa- 
tives in General Court assembled, and by the authority of the same, 
That Paul Whitin, James Fletcher, Sami:e! Fletcher, Pliny Persons incor- 
Earle, Jonah Earle, Silas Earle, Timothy Earle, Charles Sabin, P''''*^^^- 
John Sabin and Joel L ickey, with such others as may here- 
after associate with them, their succcs^ors and assigns, be, and 
they hereby are made a Corporation, by the name of the 
Northbridge Cotton Manufacturing Company, for the purpose 
of manufacturing cotton yarn and cloth, in the town of North- 
bridge ; 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 (1808 ch. 65.) 
act defining the general powers and duties of Manufacturing 
Corporations." 

Sect 2. Be it farther enacted, That said Corporation may 
be lawfully seized and possessed of such real estate not ex- jyjay hold real 
ceeding the value of fifty thousand dollars, and such personal and personal 
estate not exceeding one hundred thousand dollars, as may be estate, 
necessary and convenient for the carrying on the manufacture 
aforesaid. \_June 9, 1814.] 

An Act to establish the Farmers' Glass Factory. Ckcipt 16. 

Sect. 1. BE it enacted by the Senate and, House, of Representa- 
tives in General Court assembled, arid by the authority of the same. 
That Daniel Aldrich, John Sherman, Isaac Sherman, Rufus Persons incor- 
Darling, Asa Soulhwick and Ebenezer Pratt, together with such poi"^*^^* 
others as have, or may hereafter associate with them, their 
successors and assigns, be, and they are hereby made a Cor- 
poration, by the name of the Farmers' Glass Manufacturing 
Company, in Clarksburgh, in the county of Berkshire, for the 
purpose of manufacturing glass in said Clarksburgh ; 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 defining the general powers and duties of (1808 ch. 65.) 
Manufacturing Corporations." 

Sect. 2. Be it further enacted, That the said Corporation 
may be lawfully seized and possessed of such real estate not ex- May hold real 
ceeding the value of ten thousand dollars, and such personal and personal 
estate not exceeding twenty thousand dollars, as may be ne- 
cessary and convenient for carrying on the manufacture afore- 
said. [June 9, 1814.] 

Au Act to alter and establish the boundary line between the towns of Tyngsbo- fhr/n 1 7 
rough and Dunstable, in the county of Middlesex. a l 10' 

BE it enacted by the Senate and House of Representatives^ (V. 2. p. 187.) 
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 Tyngsborough and Dunstable, in the 
county of Middlesex, shall forever hereafter be known, fixed 
and established to be as follows, to wit : (o begin at the Pi^o- 

-or,. V. 2 



10 1 a 1 4. Chap. 1 7—1 9. 

Boundary line, vince line, at the westerly side of Cummings Pollard's land ; 
thence running southerly to a pine stump, known and called 
Well's corner, by the easterly side of Samuel Roby's land ; 
thence by said Roby's land to Isaac Wright's land ; thence 
by the easterly side of said Wright's land, and by the easterly 
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 pres- 
ent line to Robert Brindley's land ; thence westerly by the 
northerly side of said Brindley's land to Massapog Pond ; the 
said town of Tyngsborough being on the easterly and south- 
erly 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 es- 
tablished to be the true boundary line between said towns, any 
law to the contrary notwithstanding. [J»«e 10, 1814.] 

t/AlCp. 18. An Act tn set off Joseph Robinson fioin New-Brainlree to Harrlwick. 

Sect. 1. BE it enacted by the Senate and House of Repre- 

sejUatives in General Court assembled, and by the authority of 

Persons set off ^f^^ ^^^^ 'Pl^.^, Joseph Robinson, of New Braintree, in the 

from town of r t»t ' , • i i • r i i i r 

Wew-Brain- county oi Worcester, together with his lamily, and so much ot 
*''6C' his farm as now lies in New Braintree, and west of Ware Riv- 

er, be, and they are hereby set oft' from the said town of New 
Braintree and annexed to the town of Hardwick ; and shall 
forever hereafter be subject to all the duties, and entitled to all 
the privileges of citizens and inhabitants of the town of Hard- 
Proviso, wick : Provided ho-a-cver. That the said Joseph Robinson and 
his family shall l)e liable to pay all taxes that have been law- 
fully assessed on him or them by the said town of New Brain- 
tree. 

Sect. 2. Be it further enacted, That the amount of the estate 
Polls and real of the said Robinson, and the polls thereon returned by the 
estate deduct- assessors of the said town of New-Braintree. in the last valua- 
tion 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. 
[June 10, 1814.] 

Chan 1 Q ■^"^ "^'^^ ^° incorporate the Hampshire Agricultural Society. 

Sf-CT. 1. BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the 
Persons incor- same. That Robert Cutler, Calvin Merril, Rufus Cowles, Sam- 
porated. xiq\ p. Dickinson, Hezekiah W. Strong, Enos Baker, John 

Strong, Elijah Boltwood, Simeon Strong, Giles C. Kellogg, Ho- 
race Merrill, Charles Phelps, and Isaac Abercrombie, their 
associates and successors, be, and they are hereby made a 
Corporation, by the name of the Hampshire Agricultural So- 
ciety, for the purpose of promoting agriculture ; and for this 
purpose shall have the same powers and privileges, and be 
subject to the like duties and restrictions, as the other incorpo- 
rated Agricultural Societies in this Commonwealth ; and the 
^nl er's'naP^ Corporation may hold and possess real estate, not exceeding 
estate. the value of five thousand dollars, and the annual income ot* 



1814. Chap. 19—21. H 

its personal estate shall not exceed the value of three thousand 
dollars. 

Sect. 2. Be it further enacted, That any Justice of the Peace 
for the county of Hampshire, is hereby authorized to issue a Justice to issue 
warrant, directed to one of the members before named, requir- warrant, 
ing him to notify and warn the first meeting of said Society, to 
be held in Amherat, in said county, at such convenient time 
and place in said town as may be appointed in said warrant, to 
organize the said Society, by electing the necessary officers, 
and forming rules and regulations for the government of the 
Society, (j^ine 11, 1814.] 

An Act in arlHition to an act, entitled "An \ct to establish a fund for the support Chap. 21. 
of the Gospel Ministry in the first Parish of the town of Gioton, in the county of 1803 ch. 86. 
Middlesex, and to appoint Trustees for the manr^ement thereof." (V. 3. p. 318.) 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the 
same, That the inhabitants of the town of Groton be, and they 
are hereby authorised and empowered to sell, and execute a gmp^owered to 
deed or deeds (by Luther Lawrence, Joseph Moors, and James sell and exe- 
Lewis, all of said Groton, or any two of them, a committee for ^I'te a deed. 
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 va- 
lid and effectual to convey such real estate ; 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 " Sawtell School 
Fund.'^ 

Sect. 2. Be it further enacted, That it shall be the duty of Duty of Trus- 
said trustees to receive the proceeds of said sale from said *'^^^- 
committee ; and the said trustees shall loan, secure and pre- 
serve the same, in the same waj/ and manner as is provided in 
an act, entitled " An Act to establish a fund for the support of 0803 ch. 86.) 
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. 

Sect. 3. Be it further enacted, That the said trustees shall Appropriation 
annually, forever hereafter, appropriate the income of the of income for 
Sawtell school fund for the support of a woman's school in the ^ ^ J^'^ °^ 
district in which said real estate is situated, according to the 
intention of the donor, as expressed in said will. 

Sect. 4. Be it further enacted. That the said trustees shall 
cause to be recorded in a book to be kept for that purpose by Statement of 
their clerk, a statement of the Sawtell school fund, and the 
said trustees shall make a report in writing, of such statement, 
to said inhabitants at their meeting in the month of March or 
April annually. 

Sect. 5. Beit further enacted. That the said trustees shall be 
liable to the same penalties and forfeitures for negligence or ^^^feftures^'^'^ 
misconduct in the management or disposition of the SaAvtell 



V2 



l«l/. 



Chap. 21—22. 



To recover 
penalties and 
lorfeituies. 



Chap. 22. 

1787 ch. 5». 
(V. 1. p. 191.) 
1792 ch. 8R. 
(V. 1. p. 451.) 
1796 ch. 6fi. 
(V, 2. p. 128.) 
1804 ch. 90. 
(V. 3. p. 524.) 
1810 ch. 117. 
1812 ch. 127. 

Taking of .Me- 
wives unlaw- 
ful. 



Fine and for- 
feiture. 



Shall not place 
ffbstructions in 
the river. 



Place and time 
appointed for 
taking fish. 



Manner of re- 
covering fines 
and forfeitures 



school fund, to which ihcy arc liable for negligence or miscon- 
conduct in the management or disposition ol' the Groton minis- 
terial fund, by virtue of the act last mentioned. 

Sect. 6. Be it further enacted^ That the inhabitants of said 
town may sue for and recover, in an action of debt against the 
said trustees, the penalties and forfeitures, which the said trus- 
tees may incur by reason of their negligence or misconduct in 
the management or disposition of the Sawtell school fund ; and 
the penalties and forfeitures, recovered as aforesaid, shall 
enure to, and be for the benefit of the Sawtell school fund. 
{June 13, 1811.] 

An Act in addition to an act, entitled "An Act to prevent the destruction of Ale- 
wives and olhi-f fish in Ipsuich river, and to encourage the increase of the same, 
passed the twenty eighth da^ of March, in the year of our Lord one thousand 
seven Imndred and eight)- eight. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the authority of the same^ 
'j'hat from and after the passing of this act, it shall not be law- 
ful for any person to take any of the fish called Shad or Ale- 
wives, within f..ur 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 Merriam'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 every person so offending, shall 
forfeit and pay a fine of five dollars. 

Sect. 2. Be it further enacted. That each and every person 
who, after the passing of this act, shall make any wear, or 
place any other obstruction in said river, or in the flooms of 
any mills, for the purpose of hindering or retarding the pas- 
sage of said fish, shall forfeit and pay for each and every such 
oftence, a fine not exceeding twenty dollars, nor less than ten 
dollars. 

Sect. 3. Be it further enacted, That no person shall be al- 
lowed to use any machinery for taking said fish, other than 
dip or drag nets and seines (nor in any place in the aforesaid 
river and streams, excepting such places as are appointed and 
allowed by the fish committee of the respective towns border- 
ing upon said river) nor shall any person take any of said fish 
with seines or drag nets in said river and streams, between 
eight of the clock in the evening and sun rising; and ever^' 
person who shall oftend, in either of the above particulars 
shall, for each and every such oftence. forfeit and pay a sum 
not exceeding twenty dollars, nor less than ten dollars. 

Sect. 4. Be it further enacted, That all fines and forfeitures, 
which may be incurred by any breach of this act, shall be re- 
covered and disposed of, in the same manner as is provided in 
the act. to which this is in an addition, and that it shall be the 
duty of the fish committees in the several towns bordering upon 
Ipswich river, jointly or severally, to cause this act to be 
duly observed, and to inform against any person or persons, 
who may oftrnd against the said act. [June 1.3. 1814.] 



1814. Chap. 23. 13 

An Act to incorporate the President, Directors and Company of the Pawtucket f^'/i^p 23. 
Bank. ^' 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, m General Court assemh'id^ and by the unth'trity of the same, 
That Oliver Starkweather, Benjamin S. Wolcot, James Ellis, Persons inccr-' 
Eliphalet Shtck, Lemuel Bishop, Remember Kent, Elijah Ingra- porated. 
ham, David Bucklin, Abiathar Richardson, jun. Jubcl Ingra- 
ham and Jesse .May, their associates, successors and assigns, 
shall be, and hereby are created a corporation, by the 
name of President, Directors and Company of the Paw- 
tucket Bank, and shall so continue until the first day of Oc- Time incorp«- 
tober, which will be in the year of our Lord one thousand "^^ted for. 
eight hundred and thirty-one, and by that name shall be, and 
hereby are made capable in law, to sue and be sued, jilead 
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 exe- 
cution such by-laws, ordinances and regulations, as to them 
shall appear necessary and convenient for the government of the 
said ciirporation, and the prudent management of thf-ir affairs: 
Provided, such by-laws, ordinances and regulations, shall in no Proviso. 
wise be contrary to the constitution and laws of this Common- 
wealth ; and the said corporation shall be always subject to 
the rules, restrictions, .limitations and provisions herein pre- 
scribed. 

Sect. 2. Be it further enacted, That the capital stock of Amount of 
said corporation shall con'^ist of the sum of one hundred thou- capital stock 
sand dollars, in gold and silver, divided into shares of one ^hare. ^^^^ 
hundred dollars each, which shall be jiaid in four equal in- 
stalments ; the first on the first day of November next ; the (Altered by 
second on the first day of June next after; the third on the Iqlt^l^'^g^j 
first day of December next after, and the fourth on the first isiTrhies. 
day of June next after; And the stockholders, at their 1813 ch. 5i.) 
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 hereby made capable in 
law, to have, hold, purchase, receive, possess, enjoy and re- 
tain 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 principles, on 
such security as they shall think proper : Provided however, Proviso. 
That nothing herein contained, sh;dl 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 corporation: And provided fur- 
ther. That no money shall be loaned or discounts made, nor 
shall any bills or promissory notes, be issued from said bank, 
until the capital subscribed, and actually paid in, and existing 
in gold and silver, in their vaults, shall amount to twenty-five 
thousand dollars. 



34 



1814. 



Chap. 23. 



(1811 ch. 34.) 
Pj-otiso. 



Debts not to 
exceed double 
the amount of 
capital stock. 



Shall loan to 
the Common- 
wealth. 



Proviso. 



Legislative 
committee may 
examine books, 



May call a 
meeting. 



Shall transmit 
statement of 
Qccounts. 



Sect. 3. Be it further enacted^ That the rules, limitations 
and pi'ovisions which nre provided in and by the third section 
of an act, entitled, "An Act to incorporate the President, Direc- 
tors and Company of the State Bank," shall be binding on the 
bank hereby established ; Provided, That the bond required 
to be given by the Cashier, shall be sjiven in the penalty of 
twenty thousand dollars, and the number of Directors to be 
annually chosen shall be nine, five of whom at least shall be 
inhabitants of and residents in this Commonwealth, and ac- 
countable for (he doings of the whole board, and five also may 
constitute a quorum for the transacting of business ; and provid- 
ed also, Thai the amount of debts at any time due from said 
bank, shall not exceed double the amount of their capital stock 
actually paid in. 

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

Sect. 5. Be it further enacted, That whenever the Com- 
monwealth may require it, the said corporation shall loan to the 
Commonwealth, any sum of money which may be required, not 
exceeding twenty thousand dollars at any one time, reim- 
bursable by five annual instalments, or at any shorter period, 
at the election of the Commonwealth, w'ith the annual payments 
of interest, at a rate not exceeding five per centum per annum: 
Provided hozoever. That the Commonwealth shall never, at any 
one time stand indebted to said corporation, without their con- 
sent, for a larger sum than thirty thousand dollars. 

Sect. 6. Be it further enacted. That any committee spe- 
cially appointed by the Legislature for that 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 exnminaiion 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 grant- 
ed them, or failed to comply with any of the rules, restrictions 
or conditions in this act provided, 'he incorporation shall there- 
upon be declared forfeited and void. 

Sect. 7. Be it further enacted. That the persons herein 
before named, or a majority of them, are authorised to call a 
meeting of the members and stockholders of said corj'oration, 
as soon as may be, at such time and place as they may see 
fit, by advertising the same three weeks successively in 
the New-Bedford Mercury, printed in New-Bedford, and by- 
posting notifications in one or more public places in the town 
of Seckonk, for the purpose of making, ordaining and estab- 
lishing such by-laws, ordinances and regulations for the or- 
derly 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 ofliicers as they shall see fit 
to choose. 

Sect. 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 may require, ac- 



1814. Chap. 23—24. 15 

curate and just statemenls 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 hanks on 
hand ; which statement shall he signed bj the Directors and 
attested by the Cashier, and shall be verified by oath before 
some person competeni to administer the same. 

Sect. 9. Be it further enacted. That the Commonwealth Common- 
shall have a right whenever the Legislature shall make pro- wealth may 

••11 - 1 •. r I /-~c i.u subscribe. 

Vision by law, to subscribe on account or the Commonweaitn, 

a sum not exceeding fifty thousand dollars, to be added to the 
capital stock of said company, subject to such rules, regu- 
lations and provisions as shall be by the Legislature made and 
established as to the management thereof. 

Sect. 10. Be it further enacted, That the said corporation Shall pay ai- 
*hall be liable to pay to any bona fide holder, the origi- tered notef. 
nal amount on any note of said bank, altered in the course 
of its circulation to a larger amount, notwithstanding such al- 
teration. 

Sect. 11. Be it further enacted, That the said corporation, 
from and after the first day of April next, shall pay, by way 
of tax, to the Treasurer of this Commonwealth, 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 however, That the same tax, payable in manner afore- Proviso. 
said, shall be required by the Legislature of all banks hereaf- 
ter incorporated within this Commonwealth; and provided fur- 
ther. That nothing: herein contained shall be construed to im- 
pair the rights of the Legislature, to lay a tax or excise upon 
any bank already incorporated under the authority of this 
Commonwealth, whenever they may think proper so to do. 

Sect. 12. Be it further enacted, That one tenth part of the Amount to b& 
whole fund of said bank shall always be appropriated to loans, to ^ppropnated 
be made to the 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 dolhu-s, nor more than five hundred 
dollars, and upon the personal bond of the borrower, with col- 
lateral security by a mortgage of real estate, to the satisfaction Security. 
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. [Juae 13, 1814.] Add. acts t 

— 1814ch.65: 1815 ch. 93: 1817 ch. 68: 1818 ch. 51. 



An Act to establish a Corporation by the name of the Granville and Tolland Turn- C/iap, 24« 
pike Corporation. •^ 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Gad Hamilton, Allen Bidwell, Jonathan Hamilton Persons incBr- 
and Perry Babcock, together with such other persons as shall poi"*'*'^' 
associate with them, their successors and assigns, be, and they 



16 



1814. 



Chap. 24—37. 



hereby are made a corporation and body politic, by the name 
of tiie Granville nnd Tolland Turnpike Corporation, for the 
purpose of making a turnpike road on the route, which the 
sixteenth Massachusetts Turnpike Corporaiion contemplated 
from the west line of West Sprini^field to Southwick Meeting- 
house ; thence westward to Tolland by the east and west Meet- 
ing-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 |)urpose, shiill have all the pow- 
ers and privileges, and be subject to all the duties, require- 

(1304 ch. 125.) ments and penalties contained in an act, entitled, " An Act de- 
fining the general powers and duties of Turnpike Corpora- 
tions," made and passed on the sixteenth day of March, in the 
year of our Lord one thousand eight hundred and five, and 

Proviso. any acts which have })een made in addition thereto: Provided^ 

That the said corporation may, and they hereby are autlor- 
ized to make the travelled part of said road only eighteen feet 
in width, any thing in the said general Turnpike Act to the 
contrary notwithstanding. {June 13, 1814.] 



Chap. 35. 



To annex per- 
sons to the 
tliird parish in 
Dedham. 
Proviso. 



Chap, 37. 

1800 ch. 16. 
(V. 2. p. 393.) 



Authorized to 
remove their 
gate. 



Proviso, 



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

BE il enacted In/ the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same^ That 
Willinm Fairbanks, Jesse Gay, and Aaron Hiscock, with their 
families and estates, be and hereby are set ofl' from the se- 
cond to the third Parish in Dedham, and shall hereafter 
be considered as a part of the same : Provided nevertheless^ 
That the said Fairbanks, Gay, and Hiscock. shrill be holden 
to pay their proporiionable part of all taxes, which, prior to 
the passing of this act, have been assessed and remain unpaid. 
[June 14, 1814.] 

An \t:T in idditionto an Act, entitled, " .An Act establishing the tenth Massachu' 
setts Turnpike Corj.oration." 

Sect. I. BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same, 
That the tenth Massachusetts Tui-npike Corporation be, and 
they hcroby are authorized to remove their gate, standing near 
the house of Augustus Staunton in Hancock, in the county of 
Berkshire, west, to or near the Cold Spring, so called, in said 
Hancock, and when so removed, said corporation are authorized 
to demand and receive the same rate of toll at said gate, as by 
law they may now receive at their other gates : Provided how- 
ever, That the inhabitants of Pittsfield, Hancock, and Rich- 
mond, the Shakers at New-Lebanon, in the State of New-York, 
and also, all persons passing said gate who have travelled 
through the Shaker Village, in said Hancock, or from West- 
Stockbridge throuT'i Pichraond, or who may be passing from 
New-Lebanon through Rich.nond to West-Stockbridge, or 
through the Shaker Village in Hancock, shall be wholly ex- 
empt from paying toll at said gate. 



1814. > Chap. 37—39. J7 

Sect. 2. Be it further enacted, That it shall be the duty Toll free, 
of said Corporation, to erect in a conspicuous place at their 
gate aforesaid, a board with these words thereon, in large and 
legible characters, "persons passing through Wesl-Stockbridgc 
or the Hancock Shaker Village, p;iy no toll." 

Sect. 3. Be it further enacted, I'hat every traveller being Fine and for-» 
about to pass said gate, and claiming to he exempt by the pro- f'^'*""* 
visions of this act from the payment of toll, shall, if required 
by the toll gatherer, state the road he has travelled or is tra- 
velling ; and whoever shall, for the purpose of avoiding the 
payment of toll at said gate, 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 Trea- 
surer of said corporation by action of debt. 

Sect. 4. Be it further enacted. That said corporation may May hold real 
purchase and hold real estate to the value of three thousand ^^^*'^' 
dollars, in addition to the sum they are now by law authoriz- 
ed to hold. [June 14, 1814.] Further act — 1819 ch. 63. 

An Act to establish The Boston and Roxbury Mill Corporation. C/lflp. 39» 

Sect. 1 . BE it enacted by the Senate and Hmse of Represen- 
tatives^ in General Court assembled, and by the authority of the 
same. That Isaac P. Davis, Uriah Cotting, and William Brown, ^^J'^^"^^ '°*^°''' 
their associates, successors and assigns, be, and they are here- 
by made a body politic and corporate, by the name of The 
Boston and Roxbury Mill Corporation ; and by that name 
may sue and be sued, prosecute and be prosecuted to final 
judgment and execution : 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 by- 
laws for the regulation of the affairs of the corporation ; Pro- Proviso. 
vided, That the same be not repugnant to the laws of the Com- 
monwealth : may purchase and hold real and personal estate, ^Y ^°^^ '^!*^ 

'.•'r riiiC ami personal 

(not exceedmg in value two millions ot dollars) necessary to estate. 
promote the objects of the corporation ; and in general, may 
do and suffer all other acts and things, which bodies corporate 
may or ought to do and suffer. 

Sect. 2. Be it further enacted, That said corporation shall ^^y ^yjj^ ^ 
have power to build a Dam from Charles-Street, at the wester- Dam. 
ly end of Bacon-Street in Boston, to the upland at Sewall's 
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 corpora- 
tion shall have power to build a Dam from Boston to South 
Boston, not northerly or easterly of South Boston bridge, with 
gates, sluiceways, and other things necessary to admit and de- 
tain 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 aod boats.; 



18 



1814 



Chap. 39. 



Proviso. 



Boats may 
pass free of 
toll. 



Penalties and 
forfeitures. 



May lease and 
sell the right of 
using the wa- 
ters. 

May make a 
Toad. 



Proviso. 

(Altered by — 
1816 ch, 4e. 
1819 ch. 65.) 



burthen from ten to one hundred and fifty tons, and boats and 
barges of any dimensions, loaded with powder, to and from 
said basin, free of loll : Provided, 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 however lying 
in said basin, paying to said corporation the customary dockage 
of the town oi' Boston, excepting where they shall lay at the 
wharves of any person, who in such case may charge and re- 
ceive the same to their own account. And the said corpora- 
lion may run a Dam from Gravelly point in said Roxbury, 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 convenient 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 easterly 
bank of said creek, so as to prevent the tide from flowing at 
any time into the empty basin, and boats and other things may 
pass and repass in said canal at all time free of toll. And if 
said corporation shall fail for the space of three years, from 
the passing of this Ac^, to secure the tide waters as aforesaid, 
within said tide mill creek, and to connect said creek to the 
said full basin on the east as is above described, then the Le- 
gislature may compel the execution thereof, upon such terms, 
and under such penalties and forfeitures, as it may think pro- 
per to impose. And the said corporation may cut any number 
of convenient race ways, from the full basin to the empty basin 
aforesaid, may maintain and keep up all their said works for- 
ever, and may lease or sell the right of using the water, and 
upon any terms, and in any manner they may think proper; 
and no person shall have a rii;ht to dispose of said water, with- 
out the consent of said corporation. 

Sect. 3. Be it further enaclrd^ That the said corporation 
shall have power to make and finish the Dam, in this Act first 
mentioned, and connect the dilTerent parts thereof by bridges 
and causeways, so as to render the same a good and substan- 
tial road, 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 lamjis to the satisfaction of the select- 
men of Boston, the said corporation may receive toll for pass- 
ing over the same, at the same rate as is now granted to the 
Proprietors of the West Boston Bridge : Provided, That no 
toll shall be received as aforesaid, until said Dam, and the Dam 
from Boston to South Bo'^ton, with the lock therein shall be 
completed, in a substantial manner, so as eftectually to answer 
the purposes intended and set forth in the second section of 
this Act. And if said corporation or some person under them. 



1814. Chap. .39. 19 

shall not, within five years from (he passing of this Act, estab- 
lish 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 
toll as aforesaid. And the proprietors of the marshes in Brook- Toll free to 
line shall have the privilege of passing free of toll to and from 'he proprietors 
their marshes, from and to the upland in Brookline, over said Breokline. 
road or Dam, and the said corporation shall make and main- 
tain, at its own expense, a suitable number of sloping bridges, 
leading from the sides of said road and I^am to the surface of 
the marsh land, and convenient to carry otf the hay. 

Sect. 4. ^e it further enacted, That the said corporation Rights and 
shall be entitled to all the advantages and benefits of the en- P"vileges. 
gagements of the town of Boston with the petitioners of 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, 
uf)on the same terms and conditions, and subject to all the re- 
strictions, expressed in the report of said town committee, and 
accepted and recorded by the said town, at its meeting last 
above-men tion ed . 

Sect. 5. Be it further enacted, That the Board of Health of Board of 
the town of Boston, be, and hereby is authorized and empow- ffz^d^oTo^rer' 
ered to cause the flats, on the westerly side of Boston, within flats with wa- 
said empty basin, or any portion of them, to be kept constant- ^^'^• 
ly covered with water, if in the opinion of said Board, it shall 
be necessary to the health of the inhabitants of said tOAvn ; and 
for that purpose to cause a Dam of a suitable height, at their 
discretion, to be placed and kept at the sluice gate or gates in 
the principal Dam of said empty basin, in order to retain the 
water therein, at the sole expense of said corporation. 

Sect. 6. Be it further enacted, That any person or corpora- May appoint a 
tion, sustaining any damage by the building of said Dams, committee to 
bridges or causeways, or from cutting said canal or race ways, ^f ™^^^ """ 
or from the exercise of any of the rights and powers, herein 
given to said corporation, may apply (if within one year from 
the time any such damage may have happened) to the Court 
of Common Pleas for the county in which the land lies, for a 
committee to be appointed to estimate the damage, and upon 
such application, the Court after thirty days notice to said cor- 
poration to appear, and shew cause why such committee should 
not be appointed, shall, if no good cause be shewn to the con- 
trary, appoint three or five disinterested freeholders within the 
same county, at the expense of said corporation, which com- 
mittee being first duly sworn before some justice of the peace, 
to be nominated by said Court, and giving due notice to both 
parties to appear, if they see fit, for a hearing before them, 
shall proceed to the duties of their appointment; and they 
shall first inquire, whether any damage has been sustained 
from the causes aforesaid, and if any, they shall estimate the 
same, and where the damage is annual, they shall so declare 
the same in their report, and shall make return of their doings 
as soon as may be. into the said Court, and upon the accept 



at) 



1814. 



Chap. 39. 



J'loviso, 



Costs, £c. 



Capital stock 
and number 
of shares. 



tawce of said report, judgment may be given thereon, with rea- 
sonable costs 10 the party prevailing : Provided however, That 
either pai-ty after the return of said report, maj' claim a trial 
by jury, and the Court shall thereupon stay judgment on said 
report ; and upon such application for a jury, the Court shall 
issue a warrant to the sheriff of the same county, or if the she- 
riff 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 meeting; and their verdict shall be 
sealed up, and the officer shall return the same into Court, and 
judgment may be entered thereon: And if the party applying 
ibr a jury shall not obtain, in case it be the original applicant, 
an increase of damages, or in case it be the original respon- 
dent, a decrease of the damages awarded by the committee, 
such party shall pay reasonable costs of such trial by jury, 
otherwise shall recover reasonable costs ; and upon any judg- 
ment rendered upon the report of such committee on the ver- 
dict of such jury, the Court may issue 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 no- 
tice to said corporation as aforesaid, to shew cause why such 
committee should not be appointed, said corporation shall ap- 
pear and deny the applicants title to the land damaged, or claim 
a title to do what is complained of, without the payment of 
damages, or for an agreed composition, 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 either case, ei- 
ther party may appeal to the Supreme Judicial Court, as in 
other cases ; and a certificate of the determination of the Su- 
preme Judicial Court on such appeal, in favour of the original 
applicant, shall be filed in said Court of Common Pleas, before 
Such committee shall be appointed ; and where annual damages 
are awarded by said committee, or said jury, and judgment 
had accordingly, 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 proceed- 
ings shall be had, as upon the original application. 

Sect. 7. Be it further enacted, That the stock and property 
of said corporation shall be divided info three thousand five 
hundred shares, certificates of which shall issue under the seal 
of the said corporation, and be signed by the President and 
Treasurer thereof, and said shares shall be deemed and taken 
to be personal estate, and may be transferred by deed acknow- 
ledged 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 continue open at least ten days, or until 
the whole shall be subscribed for, the time and place for which 
shall be regulated as hereafter provided. 



lij]4. Chap. 39. 21 

Sect. 8. Bfr it further enacted, That Isaac P. Davis, Uriah May call a 
Cotting and WiUiam Brown, or the major part of them, may '"^^^'"g' 
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 
thereof; and also a committee of five persons, who shall direct 
the time and place for opening the public subscriptions for at 
least fifteen hundred shares as abovementioned, and shall ap- 
point some person or persons to superintend the same; and 
shall also direct the manner in which the other shares may be 
subscribed for : Provided, That no person, in any case, shall Proviso, 
subscribe for more than fifty shares; and when two thousand 
shares shall be subscribed for, the said committee shall notify 
the subscribers to meet at some conv( nient time and place for 
the purpose of more fully organizing and arranging the affairs 
of said corporation, at which meeting every person shall be en- 
titled to a number of votes equal to his number of shares; and 
the powers ai d duties of the President and other officers and 
servants of the corporaiion, together with the time and manner 
of choosing, and the number of the same may be regulated by 
the by-laws of the corporation. 

Sect. 9. Be it further enacted. That the said corporation, or May make as- 
its officers, duly authorized, by its by-laws may make assess- shrrTs^sub-'"* 
ments upon the shares subscribed for, for the purpose of effect- scribed for, 
ing the objects of the corporation, and for any other necessary 
purpose; Provided hoivever. That the whole amount of the as- Proviso, 
sessments on each share shall not exceed the sum of one hun- 
dred dollars, after deducting the amount of any dividends pre- 
viously declared thereon; and in case the amount of one hun- 
dred dollnrs, so assessed upon each share, will not supply the 
necessary funds, the corporation or its officers duly authorized, 
may raise the funds required by selling any shares not sub- 
scribed 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 
therefor, the share or shares of such proprietor may be sold 
at public auction, notice of the time and place of such sale be- 
ing given by the treasurer of said corporation, in some public 
newspaper 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 by said treasurer to the former owner, or 
his legal representatives 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 : Pro- Proviso, 
vided however, 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 



gate 



Proviso. 



22 1814. Chap. 40—43. 

necessary and reasonable charges, the sale shall not proceed. 
[Jwrip 14, 1814.] Add. acts— 1816 ch. 40: 1819 ch. 65: 1822 
ch. 34. 

Ch(tp» 40« An Act to authorise the Boston Manufacturing Company to shut the Fish Gate in 
their Dam across Charles River. 

BE it enacted by the Senate and House of Representatives^ in 
May close General Court assembled^ and by the authority of the. same^ That 
the Boston Manutacturing 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, That said Compa- 
ny, their successors and assigns shall make, and continue in 
good repair, a Fish way over said Dam, of the same inclination 
and width, and admitting 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. [June 14, 
1814.] 

CJuiJ}* 4^^. *^" ^^^ *" establish the Amherst Cotton Factory. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a7id by the authority of the samCy 
Persons That Levi Collens, Ebenezer Mattoon, Samuel F. Dickinson, 

incorporated. Elijah Eastman, Robert Douglas, Nathan Gilson, Asa Adams, 
and Samuel Perrin, 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 Amherst Cotton Factory, for the purpose of manufacturing 
cotton yarn and cloth, in the town of 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 require- 
(1808 ch. 65.) ments contained in an act, entitled " An act defining the gene- 
ral powers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted, That the said Corporation 
May hold real jjj^y |^p lawfully seized and possessed of such real estate, not 
tslateT"^^""* exceeding the value of thirty thousand dollars, and such per- 
sonal estate, not exceeding fifty thousand dollars, as may be 
necessary and convenient for carrying on the manufacturing of 
cotton yarn and cloth, in said town of Amherst. [June 14, 
1814.] 

Chap. 43. An Act to establish the Northbridge Cloth Manufacturing Comf any. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
Persons rj,y^^^ ^^^^^ Lincoln, Antipas Earle, Jesse Eddy, Amasa Roberts, 

meorporated. rpj^^^^i^^ g^^j^^ William Hendrick, Silas Earle, and Daniel 
Waldo, with such others as may hereafter associate with them, 
their successors and assigns, be, and hereby are, made a Cor- 
poration, by the name of the Northbridge Cloth Manufacturing 
Company, for the purpose of manufacturing cotton and woollen 
cloth, in the town of Northbridge ; and for this purpose, shall 
have all the powers and privileges, and shall also be subject to 



1814. Chap. 43—44. 23 

&ll 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 (isoBch. 65.) 
Manufacturing Corporations." 

Sect. 2. Be it further enacted^ That the said Corporation 
may be lawfully seized and possessed of such real estate, not May hold real 
exceeding the value of thirty thousand dollars, and of such estate!"""^ 
personal estate, not exceeding one hundred thousand dollars, as 
may be necessary and convenient for carrying on the manufac- 
ture of cotton and woollen cloth, in the said town of North- 
bridge. [June 14, 1814.] 

An Act to incorporate a number of inhabitants of the town of Northbridge, in the Kjhup, 44* 
county of Worcester, into a Society for Religious purpos> s. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That John Crane, James Fletcher, Paul Whitin, Israel Taft, Persons 
Elzaphan Taft, Levi Rist, Keith Taft, Abner Adams, Arnold '"•^°'^P°'^* 
Adams, Benjamin Bassett, Joel Batchellor, Moruel Taft, Cheney 
Taft, William Slocum, jun. Joshua Slocum, Benjamin Morse, 
John Adams, Thomas Goldthwait, Joseph White, Henry Cha- 
pin, Simeon Batchellor, Obed Goldthwaite, Ebenezer Baker, 
Amaria Preston, Joel White, Solomon Nelson, Henry Dunn, 
jun. David Dunn, Frebun White, Samuel Fletcher, James 
Fletcher, jun. and Adolphus Spring, members of the Congrega- 
tional 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 Society, by the 
name of The Congregational Society in Northbridge; and that 
they be, and are hereby invested with all the powers, privi- 
leges, and immunities, which other parishes in this Common- 
wealth are entitled to by law. 

Sect. 2, Be it further enacted, That such other inhabitants other inhabit- 
of said town of Northbridge, as have hitherto been considered ants considered 
by said town, as belonging to the Congregational Society ^® belonging to 
therein, or who shall hereafter usually attend public worship ® ^°'^'^ y* 
with said incorporated Society, shall be deemed and taken with 
their polls and estates, as belonging to, and making part of said 
incorporation, fo all intents and purposes, as though particu- 
larly named in this act: Provided notwithstanding. That nothing Proviso, 
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 incorporat- 
ed Society, a certificate, signed by the minister or clerk of 
such other religious Society, of such person or persons having 
usually attended public worship therein, and of having actua'Iy 
become united thereto, he or they shall from and after lodging 
such certificate as aforesaid, be considered as belonging to 
such other society : Provided however. That such person or per- Proviso, 



94 



1814. 



GrtAP. 44—47. 



Privilege?. 



Alaj call 
meeting. 



Chap, 47. 



Place where 
kept. 



Proviso. 



Vessels shall 
not lay within 
two hundred 
yards of any 
wharf. 

Maybe seized. 



sons shall be holden to pay his or their proportion of all taxes 
legally assessed, or monies voted to be raised in said incorpo- 
rated Society, previous to withdrawing his or their relation 
therefrom. 

Sect. 3. Be it further enacted^ That the said incorporated 
Society, from and after the passing of this act. be, and it here- 
by is invested with the privilege of improving and enjoying the 
Congregational Meeting-house, in said town, (so called,) for the 
purpose of assembling 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 Congregational So- 
ciety, 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 Society, and of improving the same, by 
appropriating the annual interest arising therefrom, to the sup- 
port of a Public Teacher of piety, religion, and morality, in said 
Society, so long as it shall remain a corporate body, and sup- 
port public worship thei-ein. 

Sect. 4. Be it further enacted, That Adolf)hus Spring, 
Esquire, be, and he hereby is authorized nnd directed to issue 
his warrant, directed to some principnl inhabitant of said Soci- 
ety, requiring him to give notice to the members thereof, quali- 
fied to vote in parish affairs, to assemble and meet at some con- 
venient place in said town, for the purpose of choosing all such 
officers, 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. [June 14, 1814.] 

An Act to provide for the safe keeping of Gun-powdei in the town of Roxbury. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the same^ 
That from and after the first day of 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 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 way or manner, other- 
wise than as by this act is permitted : Provided nevertheless, 
That nothing in this act shall be construed to operate as a pro- 
hibition to the transporting of Gun-powder through the town of 
Roxbury aforesaid, or to, or from the public magazine in said 
town, from or into any part of this Commonwealth. 

Sect. 2. Be it further enacted. That no merchant or private 
armed vessel, on board of which Gun-powder shall be laden in 
quantit}' exceeding twenty-five pounds, shall lay within two 
hundred yards of any wharf within said town. 

Sect. 3. Be it further enacted. That all Gun-powder, found 
wnthin the said town of Roxbury, contrary to the provision of 
this 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, within twenty davs after ^ch 



1814. Chap. 47 — 49. 25 

seizure, to lile a libel in the Clerk's Office of the Circuit Court 
of Common Pleas, for the Southern Circuit, in the county of 
Norfolk, stating the cause of such seizure, and praying for a 
decree of forfeiture; and the Judges of said Court shall have 
power to hear and determine the cause by a jury, where there 
is a claimant, but without a jury, if upon proclamation 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 ; snd if 
such libels be not supported, restitution of the property shall 
be decreed without costs ; but if a claimant appear, and dis- 
putes the forfeiture, and said Gun-powder shall be finally de- 
creed forfeited, such claimant shall pay all costs of prosecution, 
which may have legally arisen thereon. 

Sect. 4. Be if further enacted, That all such Gun-powder 
so forfeited, shall be forfeited one third part thereof to the use 
of the Commonwealth, one third part to the use of the fire- 
ward or fire-wards making such seizure, and one third part to Quantity al- 
the use of the poor of the said town of Roxbury : Provided al- lowed to be 
ways, That it shall and may be lawful for any person or per- ^^P^" 
sons, 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 ; Provided, The same be constantly kept Proviso, 
in copper, brass, or tin cannisters, closely covered with copper, 
brass, or tin, and not otherwise. 

Sect. 5. Be it further enacted. That if any Gun-powder shall 
be found in the town of Roxbury aforesaid, contrary 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 forfeit and pay forty cents breach of act, 
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 who shall sue for the same ; 
which forfeiture of forty cents may be recovered by action of 
the case, in any Court proper to try the same. 

Sect. 6. Be it further enacted. That it shall and may be law- 
ful for any one or more of the fire-wards of said town of Rox- ^'"ewardsmiy 
bury, to enter any building or other place in said town of Rox- '°^^' 

bury, 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, according to law. [Jiine 14, 1814.] 

An Act to alter and change the Names of ceitain persons therein mentioned. Chftn A*> 

BE it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the same. 
That from and after the passing of this act, Charles Adams of peisons'nam 
Boston in the county of Suffolk, son of Elijah Adams, of Med- altered, 
field, in the county of Norfolk, shall be allowed to take the 
name of Charles Jeremiah Adams ; that Welcome Eager of 
Boston aforesaid, 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 allowed to 

VOL. V. 4 



26 



1814. 



Chap. 49—51. 



take the name of John Rufus Bradford ; that George Doane of 
the same Boston, shall be allowed to take the name of George 
Bartlett Doane 5 that William Couillard Stodderd of Salem, in 
the county of Essex, trader, son of Ebed Stodderd, of the 
same Salem, shall be allowed to take the name of Ebenezer 
Couillard Stoddard; that John Babbidge, Jun. of Salem afore- 
said, mariner, shall be allowed to take the name of John Lau- 
rens Babbidge ; that John Osgood, Jun. of the same Salem, 
mariner, 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 of William Henry Low ; 
that John Browne, the sixth, of s;iid Salem, son of Edward 
Browne of the same place, sliall be allowed to take the name 
of Edward John Browne ; that John Clarke, of Watertown, in 
the county of Middlesex, 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 Charlcstown, in said 
county of Middlesex, son of Deacon Amos Tufts of the same 
place, shall be allowed to take the name of Joseph Frothing- 
ham Tufts ; that Jesse Harlow Torrey, of Plymouth, in the 
county of Plymouth, merchant, shall be allowed to take the 
name of Harlow J. Torrey ; that Thomas Damon of Truro, in 
the couniy 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 Rogers 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 Wilkinson. 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 
the}' arc 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. 
[June 14, 18M.] 



Chap, 51. An Act to establish the Wientham and Atileboroiigh Turnpike Corporation. 

Sect. 1. BE it enacted by the Senate and House of Represm- 
tatives in General Court assembled, and by th% authority of the 

Persons incoi- same, That David Fisher, jun. Samuel Day, Timothy Whiting. 

porated. j^|^j^ Fales, Royal Peck, Elkanah 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 
Corporation, for the purpose of making a Turnpike-road from 
the meeting-house in the first parish in Wrentham, to the line 
of Cumberland, in the state of Rhode-Island, in the most con- 
venient place for the public accommodation, 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 



troTjso. 



iai4. Chaf. .51— 53. 27 

in said lirst parish in VYreiuham, to the west side of tlie dwel- 
ling house of John Fales, in the west corner of Attle'iorough ; 
and for this purpose shall have all the powers and privileges, 
and be subject to all the duties, rc(|uirements and penalties 
contained in an act, entitled "An Act defuiing the general pow- (1804 ch. 125.) 
ers and duties of Turn))ike Corporations," passed on the six- 
teenth day of March, in the year of our Lord one thousand 
eight hundred and live. [June H, 1814.] 

An Act to incorporate the Holliston Cloth Manufactory. Lihctp» 52. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the 
same, That Elihu Cutler, Abner Morse, Timothy Fisk, Uriel Persons incor- 
jCutler, David Fish, jun. .James Wight, .Joseph P.^Leland, Na- P^'^ted. 
than Fairbanks and Elienezer P. Wood, .together with such 
other persons as already have, or may hereafter associate with 
them, their successors and assigns be, and the}' hereby are 
made a Corporation, by the name of The Holliston Cloth 
Manufactory, for the purpose of manufacturing cloth at Hollis- 
ton, in the county of Middlesex ; and for this purf)Ose 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 pow- (1808 ch. 65.) 
ers and duties of' Manufacturing Corporations.*' 

Sect. 2. Be it further enacted, That said Corporation may 
be lawfully seized of such real estate, not exceeding the value May hold real 
of fifty thousand dollars, and such personal estate, not exceed- ^'Y* personal 
ing the value of one hundred thousand dollars, as may be ne- 
cessary and convenient for establishing and carrying on the 
manufacture of cloth at Holliston aforesaid. [June 14, 1814.] 

An Act to incorporate the President, Directors and Company of the Merrimack Chan h'^ 

Sect. 1 . BE it enacted by the Senate and House of Represen- ' 

tatives in General Court assembled, and by the authority of the 
same, That Charles White, David Howe, jr. Leonard White, Persons incor- 
Daniel Haddock, Robert B. Willis, Bailey Bartlett, James P^'^ted. 
How, James Duncan, jun. Peter Osgood, Thomas R. Appleton, 
Moses Gale, jun. John Dow and Ebenezer Gage, their asso- 
ciates, successors and assigns shall be, and hereby are created 
a Corporation, by the name of The President, Directors and 
Company of the Merrimack Bank, and shall so continue until Time incorpo- 
the first day of October, which v/ill be in the year of our ""^'^'^ ^^''• 
Lord one 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 whatever ; and 
also to make, have, and use a common seal, and to ordain, es- 
tablish and put in execution, such by-laws, ordinances and re- 
gulations, as to them may appear necessarj^ and convenient for 
the government of said Corporation, and the prudent manage- 
ment of their affairs : Provided, Such by-laws, ordinances and 'lovJfo- 
regulations, shall in no wise be contrary to the constitution and 



2t 



J814. 



Chap. ry3. 



Amount of cap- 
ital stock and 
of each share. 
(Increased 
1817 ch. 71.) 
(Further tirre 
1814 cb. 58.) 



Proviso. 



(1811 ch. S4.) 
Proviso. 



Legislative 
Committee 
may examine 
books, &c. 



laws of this Commonwealth ; and the said Corporation shall 
be always svibjcct to the rules, restrictions, limitations and pro- 
visions herein prescrihrd. 

Sect. 2. Be it fnrlhcr enacted., That the capital stock of 
said Corporation shnll consist ot the sum of one hundred thou- 
sand dollars, in gold and s.lver, divided into shares of one 
hundred dollars each, which shall be paid at four ecjual instal- 
ments ; the first on the fifteenth dny of October next ; the se- 
cond on the fifteenth day of April next after; the third on the 
fifteenth day of October next after ; and the fourth on the 
fifteenth day of A[)ril, which will be in the year of our Lord 
one thousand eight hundred and sixteen ; 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 in 
the books of said Corporation, shall be binding on the Stock- 
holders, their successors and assigns, until they shall otherwise 
determine ; and the said Corpor-ition are hereby made capable 
in law to have, hold, purchase, receive, possess, enjoy and re- 
tain to them, their successors and assigns, lands, rents, tene- 
ments and hereditaments, to the amount of ten thousand dol- 
lars, 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 adviseable : Provided hozcever. 
That nothing herein contained, shall restrain or prevent said 
Corporation from taking and holding real estate in mortgage, 
or on execution, to any amount, as security for or in payment 
of any debts due to 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 subscribed and actually paid in, and existing in 
gold and silver in their vaults, shall amount to twenty-five thou- 
sand dollars. 

Sect. 3. Be it further enacted., That the rules, limitations and 
provisions, which arc provided in and by the third section of 
an act, entitled ''An act to incorporate the President, Directors 
and Company of the Stale Bank," shall be binding on the 
Bank hereby established : Provided^That the bond required to 
be given by the Cashier, shall be given in the penalty of ten 
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 : .^nd '^mvidid also. That the amount 
of bills at any one time issued from said Bank, shall not ex- 
ceed fifty percent, beyond their capital stock actually paid in. 
Sect. 4. Be it further enacted. That said Bank shall be es- 
tablished and kept in the town of Haverhill. 

Sect. 5. Be it further enacted, That any Committee espe- 
cially appointed by the Legislature for the purpose, shall have 
a ri<;'ht to examine into the doings of said Corporation, and 
shall have free access to all their books and vaults; and if up- 
on such an examination, it shall be found, and after a full hear- 



1814. Chap. 53. 2». 

ing of said Corporation thereon, be determined by the Legis- 
lature, that said rorpoiaiion have exceeded the powers herein 
granted them, or failed lo comply with any of the rules, restric- 
tions and conditions in this act provided, their incorporation 
may thereupon be declared forleited and void. 

Sect. 6. Be it further enacted, That the persons herein be- 
fore named, or any three of them, are authorised to call a meet- May call 
ing of the Members and Stockholders of said Corporation, as »"fet'ns- 
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 Intelligencer, printed in the town of Haver- 
hill, for the purpose of making, ordaining and establishing such 
by-laws, ordinances and regulations for the orderly conducting 
the affairs of the said Corporation, as the said Stockholders 
shall deem necessary, and for the choice of the first Board of 
Directors, and such other officers as they may see fit to choose. 
Sect. 7. Be it further enacted, Thdii it shall be the duty of 
the Directors of said Bank, to transmit to the Governor and 5(^3^5"^^^^"*^^'' 
Council of this Commonwealth, for the time being, once in six accounts, 
months at least, and as much oftener as they may require, ac- 
curate and just statements of the amount of the capital stock of 
said Corporation, and of debts due to the same ; of the monies 
deposited therein ; of the notes in circulation ; and of the gold, 
silvcr'and copper coins, and of the bills of other Banks on hand ; 
which statements shall be signed by the Directors, and attest- 
ed by the Cashier, and shall be verified by oath or afiirmation 
before some person competent to administer the same. 

Sect. 8. Be it further enacted. That the said Corporation 
shall be liable to pay to any bona-fide holder, the original Shall payalter. 
amount of any note of said Bank, counterfeited or altered, in «d notes. 
the course of its circulation, to a larger amount, notwithstand- 
ing such alteration. 

Sect. 9. Be it further enacted, That the said Corporation 
shall within ten days afer the first Mondays of October and Shaiipaytax 
April annually, pay to the Treasurer of this Commonwealth, for tJJ the Treasur- 
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 Stockholders : Provided hozvever. That the same Proviso, 
tax, payable in manner aforesaid, shall be required by the Le- 
gislature of all Banks that are now or shall be hereafter incor- 
porated within this Commonwealth ; And pr(vided further. That 
nothing herein shall be construed to impair the right of the 
Legislature to lay a tax on any Bank already incorporated un- 
der the authority of this Commonwealth, when they may see 
fit so to do. 

Sect. 10. Be it further enacted. That one tenth part of the 
whole funds of said Bank sh dl always he ar»propriated to loans Amount to be 
to be made to citizens of this Commonwealth, and wherein the lo'Tns.'''"* ^ 
Directors shall wholly and exclusively regard the agricultural 
and manufacturing interest ; which loans shall be made in suras 
not less than one hundred dollars, and not more than five hun- •« 

dred dollars, and upon the personal bond of the borrower, with 
collateral security by a mortgage of real estate, to the satisfac- 



30 1814. Chap. 53—56. 

tion 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 rights of redemption as is 
by law provided in other cases. 

Sect. U. Be it further enacted, That whenever the Legisla- 
Shaii loan lo ture shall require it, the said Corporation shall loan to the Com- 
\v* hh"""""" mon wealth any sum of money which may be required, not ex- 
ceeding ten per centum of the amount of the capital stock actu- 
ally paid in, at any one lime, reimbursable by five annual 
instalments, or at any shorter period at the election of the Com- 
monwealth, with the annual payment of interest at the rate of 
five per centum per annum : Provided hozoever, That the Com- 
monwealth shall never stand indebted to said Corporation, 
without their consent, for a larger sum than twenty per centum 
of the capital stock actually paid in. [June 14, 1814.] Add 
acts— 1814 ch. 58 : 1817 ch. 71. 

K'flttp. Ob. ^jj f^f.j. j„ addition to an act, entitled " An Act incorporating the Rector, War- 
3793 ch. 68. dens and Vestry of the Episcopal Church in Dedham, for certain purposes." 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
Manner of be- Tj^gt each and everv person, who is or shall become a proprie- 

coming a mem- , - • • t /~m \ i 

be,^ tor of a pew or pews m said Church, and any person or per- 

sons proposing to attend public worship there, and not having 
been heretofore a proprietor of said Church, nor having been 
made a member of said Church or Society, by a vote of the 
said proprietors, who shall enter his or her name with the Rec- 
tor, Wardens and Vestry or Clerk of said Church, shall be 

(Church incor- deemed and taken to be members of said Episcopal Church or 
' Society, and they with their estates shall be liable to all la\yful 
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 said 
Church, and then only from year to year ; and the members 
of said Episcopal Church or Society shall be, and they with 
their estates are hereby exempted from all other taxes and as- 
sessments for the support of public worship, in the towns or 

Proviso. parishes where they may respectively reside : Provided, That 

persons hereafter becoming members as aforesaid, shall give 
notice thereof in writing to the Assessors or Clerk of the town 
or parish w-here they reside, and until such notice shall not be 

Proviso. entitled to the exemption aforesaid : Provided also. That per- 

sons withdrawing from said Episcopal Church or Society, who 
shall give notice thereof in wTiting to the Wardens and Vestry 
or Clerk, for the time being, shall be no longer liable to any 
taxes or assessments afterwards 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 pa- 
rishes or towns where they may respectively reside, in the same 
manner as other inhabitants are liable who have not been en- 
titled to any special exemption. 

Sect. 2. Beit farther enacted, That said Episcopal Church 



I3i4. Chap. 56. 31 

ol- Society, shall be capable to take and hold, by gift, grant or May hold real 
purchase, any real or personal estate, and to manage, sell, lease ^^"^'^P^^'^"*^ 
or dispose of the same, and for that purpose shall have a com- 
mon seal, to be established, altered and renewed at their plea- 
sure : Provided, That the real estate holden by them, at any Proviso. 
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 concur- 
rence of their Rector, and two thirds at least of the proprietors 
of the pews, being members of said Church or Society. 

Sect. 3. Be it further enacted, That the said Episcopal 
Church or Society, shall have the same authority and power Powers, 
in granting, voting, assessing and collecting taxes, for the main- 
tenance of a Rector, Incumbent or Minister, and the support of 
public worship, which Congregational parishes have or may 
enjoy by virtue of anj' general statute or statutes of this Com- 
monwealth ; and assessments of taxes lawfully made for the 
said Episcopal 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 administrators. 

Sect. 4. Be it further enacted, That the proprietors of pews May raise mo' 
in said Church be, and they are hereby authorised to raise ^J^^^^ *^^"^' 
money by assessment on all said pews, to defray the expense 
of public worship and repairing the Church, or rebuilding the 
same, and other incidental expenses ; but no proprietor of a 
pew or pews shall be obliged to pay the tax so levied or asses- 
sed, jororid'erf, that he expresses in writing to the Wardens, his Proviso, 
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. 

Sect. 5. Be it further enacted. That the officers of said Cor- Officers, how 
poration or Society shall be appointed agreeably to the present app°i"'«^- 
constitution and rules of said Church ; Provided, They contain 
nothing contrary to the constitution and laws of this Common- 
wealth; and that all leases that have been heretofore executed 
by the Rector, Wardens and Vestry, in pursuance of the act to 
which this is in addition, and in conformity to the votes of the 
proprietors of the Church, shall be equally valid in law, as any 
leases that may be executed by the Rector, Wardens and Ves- 
try, after the passing of this act and in conformity (hereto; and 
also all deeds of pews that have been executed by the Rector 
and Wardens. 

Sect. 6. Be it further enacted, That Horatio Townsend, Esq. _ 
one of the proprietors of said Church, be, and is hereby au- Mjjy'ssuewar. 
thorised to issue his warrant, directed to some principal propri- 
etor of said Church or member of said Society, requiring him 
to notify and warn the other members thereof, qualified to vote 
in manner as aforesaid, to meet at some suitable time and place 
within said town of Dedham, to choose such officers as they 



32 1814. Chap. 58— 60. 

are authorised by their constitution to choose, and to do and 
transact ail such other matters and thin/^s as may be necessary 
for the due or^janizitioti and regulation of said Church and So- 
ciety. [June 14, 1814.] See an act incorporating this Church 
—1818 ch. 27. 

Chap. 58. An Act to authorize the President, Directors and Company of the Merrimack 
1814 ch. 53. Bank to postpone the payment of their fiipt instalment. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same, That 
May postpone the President, Directors and Company of the Merrimack Bank 
paynient of ^^g^ gj^^j they hereby are authorized and empowered to post- 
ment. pone the payment of their first inst dmcnl of twenty-five per 

centum of their capital stock until the first Monday of Decem- 
ber next, any law to the contrary notwithstanding. [Oct. 10, 
1814.] Further act— 1 8 1 7 ch. 7 1 . 

Chap. 59. An Act in addition to an Act, entitled, "An Art to incorporate the President, Di- 

1812 ch. 50. rectors and Company of the Newburyport Bank." 

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

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

Amountofca- f^, j ^^ ^^ passing of this Act, the capital stock of the 

pital stock and „ i t-. i i i? i i • ■ i i • i r • j i 

of each share. Newburyport Bank, shall be divided into shares ol sixty dol- 
lars each, and the whole number of shares shall be three thou- 
sand and five hundred; any thing in the Act, to which this is 

ffoviso. an addition, to the contrary notwithsiandinij : Provided hoxoever, 

That no dividend of the capital stock of said Bank, as now ex- 
isting, 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 belon-iing to the corporation, sufficient to pay 
off all the bills of the Bank in circulation, and all deposits, and 
other demands existing ag unsf the same, beyond the sum then 
to be divided : Provided also., That nothing herein contained, 
shall be construed to affect the liability of the corporation, or 
the individual stockholders, as established by the original Act 
incorporating the said Bank. [Oct. 13, 1814.] 

Chap. 60. An Act in further addition to an Art, "ntitled, "An Act to incorporate the Pre- 

1813 ch 90. sideiit, Directors and Company of the Springfield Bank."' 

1814 ch.l. Sect. 1. BE it enacted by the Senate and House of Represen- 

tatives, in General Court assembled, and by the authority of the 
same. That the capital stock of the Preside.-it. Directors and 
Amount of ca- Company of the Springfield Bank shall, and tuay consist of the 
oftach°share" ^um of one hundred and twenty-five thousand dollars, and no 
more; anything in the .4ct incorporating them notwithstand- 
ing — to be divided into shares of one hundred dollars each, to 
/ be paid in four equal instalments ; the whole of the first in- 
stalment to be paid on w before the first day of November 
next, and the other instalments at the times prescribed by a 
law, in this behalf, passed in June last. 

Sect. 2. Be it further enacted, That the proceedings of said 
corporation shall, and may be valid, notwithstanding their hav- 
ing failed to pay in thr whole of the first instalment b^' the 
time prescribed by said law, passed in June last j Provided^ 



1814. Chap. 60—62. 33 

they shall pnj in the first instalment by the time herein set 
and limited ; and Provided fi/.vo, That no money shall be loan- Proviso. 
ed or discounts made, nor shall any bills or promissory notes 
be issued from said Bank, until the capital sul)scrilK'd and ac- 
tually paid in, and existing in gold and silver in their vaults, 
shall amount to one fourth part of the capital stock of said 
Bank. 

Sect. 3. Be it further enacted, That whenever the Legisla- gij^n loan to 
ture shall require it, the said corporation shall loan to the Com- the Common- 
monwealth any sum of money that may be required, not ex- '^e^''"* 
ceeding ten per centum of the amount of the capital stock ac- 
tually paid in, at any one time, reimbursable by five annual in- 
stalments, or at any shorter period, at the election of the Com- 
monwealth, with the annual payment of interest at a rate, not 
exceeding five per centum per annum : Provided hozuever. That Proviso, 
the Commonwealth shall never, at any one time, stand indebt- 
ed to said corporation, without their consent, for a larger sum 
than twenty per centum of the capital stock actually paid in. 

Sect. 4. Be it further enacted, That, in all respects, not 
herein otherwise specially provided for, the said corporation 
shall be subject to all the duties, and liable to all the restric- 
tions and conditions, by law imposed upon them. [Oct. 13, 
1814.] See 1817 ch. 54. 115. 

An Act to incorporate The Wellington Cotton Mill Company. C/lCjt?, 61* 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and 6?/ the autlwrity of the 
same, That Simeon Williams, Joshua Williams, Isaac Babbitt, Penons incor- 
Barnabas Crane, Adoniram Crane, Nathaniel Wheeler, 2d, Jo- pof^ted. 
naRhan Walker, Nathaniel Walker, Hezckiah Anthony, Seth 
Presbrey and Job King, jun. with such as may hereafter asso- 
ciate with them, 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 manufarturiag cotton 
cloth in the town of Wellington, in the county of Bristol ; and 
for such purpose shall have all the powers and privileges, and 
be subject to all the duties and requirements contained in an 
Act, entitled, "An Act defining the general powers and duties (isosch.es*) 
of Manufacturing Corporations," passed the third day of March, 
in the year of our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted. That said corporation may May hold real 
be lawfully seized and possessed of such real estate, not ex- ^"^^ personal 
ceeding thirty thousand dollars, and such personal estate, not ^^^^^^' 
exceeding sixty thousand dollars, as may be necessary and 
convenient for the purposes aforesaid. [Oct. 15, 1814.] 

An Act to establish The Springfield Manufacturing Company. ChttV 62 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Benjamin Jenckes, Washington Jenckes, Joseph Persons incoi» 
Bucklen and George Wilkinson, together with such persons as po'^^ed. 
have already associated with them, or may hereafter associate 
with them, their successors and assigns, be, and they hereby 

vol. V, 6 



34 



1814. 



Chap. 62 — 66, 



are made a corporation, by the name of the Springfield Manu- 
facturing Company, for the purpose of manufacturing cotton 
and woollen cloth and yarn, and also iron, in the towns of 
Springfield and Ludlow, in the county of Hampden, with the 
business necessarily connected therewith; and for such pur- 
poses shall have all the powers and privileges, and be subject 
to all the duties and requirements, contained in an Act passed 
in the year of our Lord one thousand eight hundred and nine, 
(iSOBcli. 65.) entitled, "An Act defining the general powers and duties of 
Manufacturing Corporations." 

Sect. 2. Be it further enacted. That said corporation may 
be lawfully seized and possessed of such real estate, not ex- 
ceeding the value of one hundred thousand dollars, and such 
personal estate, not exceeding the value of four hundred thou- 
sand dollars, as may be necessar}' and convenient for carrying 
on the manufacture aforesaid. [Oct. 15, 1814.] 



May hold real 
and personal 
estate. 



Chap. G5. 

1813 ch. 23. 



Act in part re- 
pealed. 



Time for pay- 
ing instal- 
ments. 

(Altered by — 
1815 ch. 93. 

1817 ch. 68. 

1818 cb. 51.) 



Chap. €6. 



An Act in addition to an Act, entitled, "An Act to incorporate the President, Di- 
rectors and Company of the Pawtucket Bank." 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the authority of the same, That 
so much of an Act, entitled an Act, to incorporate the Presi- 
dent, Directors and Company of the Pawtucket Bank, as re- 
gards the times at which the stockholders of said Bank, are 
required to pay in their several instalments of the capital stock 
thereof, be, and hereby is repealed; and that the stockholders 
of said bank be, and hereby are required to pay in the several 
instalments of the capital slock of the said Bank, at the follow- 
ing periods, to wit; the first instalment on the first Tuesday of 
June next; the second instalment on the first Tuesday of De- 
cember then next following ; the third instalment on the fffst 
Tuesday of June then next following; and the fourth instal- 
ment on the first Tuesday of December next after ; or at such 
earlier limes as the stockholders, at any meeting thereof, may 
order. [Oct. \5, 1814.] Further acts— 1815 "ch. 93: 1817 
ch. 68: 1818 ch. 51. 



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

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
Persons incor- same, That Daniel Fisk, John Hudson, William S. Fisk, Henry 
poraied. q^ Learned, Joel and Daniel Eddy, Amos Hudson, Ezra Lo- 

veil, and Silvanus Pratt, together with such others as may here- 
after associate with them, their successors and assigns, be, and 
they are hereby made a corporation, by the name of The Ox- 
ford Central Manufacturing Company, for the purpose of ma- 
nufacturing 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 privileges, and shall be also subject to the 
same duties and requirements, as are prescribed and contained 
(I808«ft,65.) ill an Act, entitled, "An Act defining the general powers and 
duties of Manufacturing Corporations," passed the third day of 



1814, Chap. 66—76. 3ii 

March, in the year of our Lord one thousand eight hundred 
and nine. 

Sect. 2. Be it further enacted^ That the said corporation, in May hold real 
their corporate capacity, may lawfully hold and possess real ^"j^]^"^°"^' 
estate, not exceeding fifty thousand dollars, and personal es- 
tate, 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. [Oct. 1 7, 1 814.] 

An Act to incorporate The Globe Manufacturing Company. Ch(tp» 68. 

Sect. 1 . BE it enacted hy the Senate and House of Represen- 
tatives^ in General Court assembled^ and by the authority of the 
same, That Thomas Upham, David Fisk, Samuel Newell, James persons incor- 
Walcott, jun. Perry B. Walcott, Josiah J. Fisk, and Francis porat^d. 
Wheelock, 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 Globe 
Manufacturing Company, for the purpose of manufacturing 
cotton and woollen cloth and yarn, in the town of Sturbridge, 
in the county of Worcester ; 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 Actdefin- (lOOSch. 65.) 
ing the general powers and duties of Manufacturing Corpora- 
tions," passed the third day of March, eighteen hundred and 
nine. 

Sect. 2. Be it further enacted. That the said corporation May hold real 
may be lawfully seized and possessed of such real estate, not and personal 
exceeding the value of thirty thousand dollars, and such per- 
sonal estate, not exceeding the value of fifty thousand dollars, 
as may be necessary and convenient for carrying on the ma- 
nufacture aforesaid, in said lown of Sturbridge. [Oct. 17, 
1814.] 

An Act in addition to the Act, establishing a Marine Society at Newburyport. Chap. 69. 

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

from and after the passing of this Act, the Marine Society at times of meet^ 
Newburyport, may regulate and determine on their times of »"§• 
meeting, any thing in the Act establishing that society, passed 
on the eleventh day of October, one thousand seven hundred 
and seventy-seven, or in their by-laws, as at present existing, 
to the contrary notwithstanding. [Oct, 18, 1814.] 

An Act to alter and change the Names of certain persons therein mentioned. Chctpm 76. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
from and after the passing of this Act, Joseph Adams, of the Names alteiv- 
late firm of Johnson & Adams, of Boston, in the county of Suf- 
folk, shall be allowed to take the name of Joseph Henry Ad- 
ams ; — That Thode Coats, of Middlefield, in the county of 
Hampshire, shall be allowed to take the name of Theodore 
Coats. And the several persons before named, from the time 
of the passing of this Act, shall be called and known by the 



30 



1814. 



Chap. 76—80. 



Chap. 80. 



Persons incor- 
porated. 



names, which, by this Act, they arc respectively allowed to 
take and assume as aforesaid; and the said names shall for- 
ever hereafter be considered as iheir only proper and legal 
names, to all intents and purposes. [Oc<. 19, 1814.] 

C/lrt/)» 77. All Act cinpowpiiiig the Firewaids of the Town of Botton, to permit the building 
of Stables, and of Gun-bouses, ill certain cases. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same, That 
the Firewnrds of the town of Boston be, and they hereby are 
authorized and empowered 1o permit Stables to be built of 
lirick, and properly slated, on land owned by Benjamin French, 
Jonathan Lovejoy, and Oliver C. Wyman, and others, situate 
in Back-street, in said town ; and on land owned by Mary 
White, and situate near IMarlborough-street and Hawley-street, 
' in said town, and also to permit the continuance of any Gun- 
houses, which are now erected within said town, on such terms 
and conditions as the said Firewards may find to be consistent 
with the safety of said town from fire, any law to the contrary 
notwithstanding. [Oct. 19, 1814.] 

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

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That William Prescolt and Joseph Hall, together with 
their associates, being the proprietors of a certain library, 
called and known by the name of The Social Law Library, 
in the town of Boston, and such other person or persons, as 
shall hereafter be admitted members of said association, accord* 
ing to the rules, orders and conditions, which shall or may 
from time to time be established by the by-laws and regula- 
tions of the corporation herein after created, shall forever here- 
after be, and they are hereby created a body politic and cor- 
porate, by the name of The Proprietors of the Social Law Li- 
brary ; and by the said name shall sue and be sued, plead and 
be impleaded, dctend 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, the}'" and their successors shall 
be capable to purchase, receive, have, hold, take, and enjoy, 
in fee simple, or otherwise, lands, rents, tenements, and here- 
ditaments ; and likewise to take, receive, and hold by donation, 
subscription, be(|uest, or otherwise, money, goods, chattels, 
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 
limes be appropriated to the purposes of creating, enlarging, 
ProViso. managing, and improving said library; Provided nevertheless^ 

that the said corporation shall at no time have or hold lands, 
rents, tenements, or hereditaments, for any other purpose than 
shall be necessary for the safe keeping and suitable accommo- 
dations of said library, not exceeding in value twenty thousand 
dollars; and the said corporation shall have power to have 



1814. Chap. 80. 37 

and use a common seal, and to alter, change, and renew the 
same, whenever thej shall lh,ink the same expedient. 

Sect. 2. Be it further enacted, That the said corporation Times and 
shall h;tvc full power and authority, (o determine at what times P'^'^es of meet- 
and places their meetings shall he holden ; and on the manner 
of notifying the associates or proprietors to convene at such 
meetings; and they shall have power t© order and lay assess- 
ments upon the proprietors; to elect, once in every year, or 
oftener, from amongst the said proprietors, such officers, with 
such powers as they may think expedient ; and also to ordain 
and enact any by-laws for the due and orderly government of 
said corporation, and for conducting the affairs thereof, and 
for, and concerning all matters and things relating to said cor- 
poration, and the same, at pleasure, to alter, amend, and re- 
peal; Provided, that such powers vested, and by-laws enacted, Proviso, 
shall not be repugnant to the constitution and laws of this Com- 
monwealth. 

Sect, 3. Be it further enacted^ That for the purpose of giv- Fines. \ 
ing a more effectual sanction to said by-laws, the said proprie- 
tors shall have power to impose fines, not exceeding five dol- 
lars, for the non-fulfilment or breach of the said by-laws; and 
that for the recovery thereof, the said corporation shall have a 
suitable remedy by fiction at law, in any court within this Com- 
monwealth proper to try the same. And the said corporUion 
shall have further power to suspend the ri2;hf of any proprietor 
to the use of the said library, as a penalty for the breach of 
said by-laws, or any of them ; and likewise to sue for, and re- 
cover, any assessment duly imposed on the proprietors. 

Sect. 4. Be it further enacted. That the right, interest, and PropiietorV 
property, which each of the said proprietors and associ-Ues "S^'- 
shall he deemed and taken to have in said corporation, shall 
be the use and benefit of the said library, according to the 
rules and regulations established by the by-laws of the said 
corporation, 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. 

Sect. 5. Be it furthtr enacted, That the Governor, Lieuten- Gov. &c. may 
ant-Governor, and the members of the Council of this Common- ^ave access to 
wealth, at all times, and the members 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 by-laws of the said corporation, for the pro- 
prietors thereof; and the Judges of the Supreme Judicial Court, 
and of all the Judicial Courts of the County of Sutiblk, and of 
the Courts of the United States, together with the Attorney 
General, and Solicitor General, and the Reporter of the Judi- 
cial Decisions of the Supreme Judicial Courts of this Common- 
weahh, and the Attorney of the United States for the District 
of Massachusetts, shall at all times, under the like regulations, 
have free access to, and the free use and enjoyment of the said 
library, free ©f any expense. 



38. 1814. Chap. 80—81. 

Sect. 6. Be il further macted^ That for the purpose of ena- 
bh'ni; said corporation to onlars:e, increase, improve, and man- 
age said library, and to eflfcrf the laudable objects contempla- 
Money appro- ^^d by said Corporation, there be, and hereby are granted and 
priated for in- .ippropriatcd to said corporation, all sums of money, which may 
creasing libra- ^^ hereafter paid by way of tax or excise, by all persons ad- 
mitted to practice as attornies, in the Boston Court of Common 
Pleas, in the county of Sutlblk ; and the couniy treasurer for 
the county of Suffolk, is hereby authorized and directed to ac- 
count with, and pay over to the treasurer of the said corpora- 
tion, or any other officer or officers, person or persons, duly 
authorized by said corporation, to receive the same, the mo- 
nies aforesaid, hereby granted and appropriated. 

Sect. 7. But wdiereas doubts have arisen, whether the tax 
or excise, by law payable by attornies, Ofi admission to the 
Circuit Court of Common Pleas, be extended to the Boston 
Court of Common Pleas, Be it therefore further enacted^ that 
D"°T-^as'°r • ^^^^y person admitted as an attorney (o the Boston Court of 
Common Pleas, be required to pay to the treasurer of the coun- 
ty of Suffolk, the same sum which is by law payable in other 
counties, on admission to the Circuit Court of Common Pleas, 
and procure and produce to the court, said county treasurer's 
receipt therefor. 

Sect. 8. Be it further enacted^ That there be granted and ap- 
propriated to said corporation, one copy of the general and 
special laws and resolves of this Commonwealth, of the ancient 
chnriers, of the Massachusetts reports, and of the laws of the 
United States, now on hand, to be delivered by the secretary 
of the Commonwealth (o the liljrarian of the said corporation, 
or other person authorized to receive the same ; and the said 
^■^u^ u ° ^"'^' secretary is in like manner authorized to deliver to such libra- 

liish library . > • <• i i i i ,. 

with laws, &c. nan or other person two copies ol such laws, resolves, public 
documents, and reports, as may be hereafter published, or pro- 
cured for the use of the Commonwealth, to be preserved in said 
library. 
May call Sect. 9. Be it further enacted. That the said William Pres- 

meeting. cott, and Joseph Hall, or either of them, shall have power to 

call the first meeting of said corporation, by advei-tising the 
same, seven days at least, before the day of such meeting, in 
some newspaper, printed in the town of Boston, at which meet- 
ing the said |)roprietors may proceed to execute any. or all the 
powers, vested in them, by this Act. [Oct. 21. 1814.] 

inn9 i an ■^" ^^^ '° authorize the Siiftblk Insurance Company to reduce its capital stock. 

(V. 3. p. 60.) Sect. 1 . BE it enacted by the Seiiate and House of Representa- 

tives^ in General Court assernbled^ and by the authority of the same, 
May reduce That the Suffolk Insurance Company be, and they hereb}- are 
capita stock, authorized to reduce the capital stock of the said corporation, 
to one hundred thousand dollars, and to divide the excess 
among the stockholders, in proportion to their respective 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 



1814. Chap. 81—83. 39 

said corporntion, regard shall be had to its specie cost : Pro- Proviso. 
vided horvever, that the said corporation shall never take any 
sum, upon any one risk, exceeding ten per centum on the amount 
of the capital so reduced. 

Sect. 2. Be it furlhrr enacted, That Epes Sargent, Esq. pre- May call 
sldent of said corporation, be, and he is hereby empowered to meeting, 
call a meeting of the stockholders of said corporation, for the 
purpose aforesaid, to be holden at the office of said corporation, 
on the first Mondav 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. [Jan. 28, 1815.] 

An Act to continue in force an Act, entitled " An Act to incorporate sundry per- Lhttp. 82. 
sons, by the name of the Massachusetts Fire Insurance Company," and also the 1795 ch. 22. 
several Acts in addition thereto. (V. 4. App.} 

BE it enacted by the Senate and House of Representatives, in (y. 4!app.°) 
General Court assembled, aiid hy the authority of the same, That isosch. 47, 
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 Lord one thou- 
sand seven hundred and ninety-five, and also an Act entitled 
"An Act in aJdition to an Act, entitled an Act to incorporate 
sundry persons, by the name of the Massachusetts Fire Insur- 
ance Company," passed the thirteenth day of February, in the 
year of our Lord one thousand seven hundred and ninety-nine, 
and also an Act entitled " An Act in addition to an Act, enti- 
tled an Art in addition to an Act to incorporate sundry per- 
sons, by the name of the Massachusetts Fire Insurance Com- 
pany," passed on the third day of March, in the year of our 
Lord one thousand eight hundred and six, and the powers and 
privileges, granted by the said Acts respectively, shall be, and ^^^fo/^g ^^™^"^ 
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. [Ja7i. 28, 1815.] 

An Act to incorporate the Stoughton Woollen and Cotton Manufacturing Com- Chap, 83. 
pany. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Hezekiah Gay, Bethuel Drake, jun. Lemuel Gay and porated. '"*^°''" 
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 Company, for the purpose 
of manufacturing woollen and cotton goods, at Stoughton, in the 
county of Norfolk ; and for this purpose shall have all the pow- 
ers and privileges, and be subject to all the duties and require- 
ments contained in an Act passed 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 (laos ch. 65.) 
manufacturing corporations." 

Sect. 2. Be it further enacted, That said corporation may be 



40 1814. Chap. 83— S-T. 

May hold real lawfully seized of such real estate, not exceeding the value of 
estater^°"^ ^^^J thousand dollars, and such personal estate, not exceeding 
the value of seventy-five thousand dollars, as may be necessa- 
ry and convenient for establishing and carrying on the manu- 
facture of woollen and cotton goods, at Stou^hton afcM-esaid. 
[Feb. 2, 1815.] 

Vhap, QO. An Act to establish a Cotton, Woollen and Linen Factory Company in the We»t 
Precinct in Bridgewater. 

Sfxt. 1. BE it enacted by the Senate and House of Representa- 
tives^ in General Court asscryibled^ and by the authority of the same, 
Persons incor- 'I'hat Daniel Howard, Edwin Howard, Ephraim Edson, Benja- 
porated. min B. Howard, George Howard, 2d, Asa Briggs, Nahum 

Leonard, Greanlcaf 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 Bridgcwater ; and for that 
purpose shall have all the powers and privileges, and shall be 
subject to all the duties and requirements, prescribed in an Act, 
(1808 ch. 6S.) entitled " An Act defining the general powers and duties of ma- 
nufacturing corporations," passed on the third day of March, 
in the year of our Lord one thousand eight hundred and nine. 

-, , ,, , Sect. 2. Be it further enacted. That said corporation, in their 

AI ay hold real ;' , ,, , i r n i i i i 

and personal corporate Capacity, shall, and may lawfully hold and possess 

estate. such real estate, not exceeding fifty thousand dollars, and per- 

sonal estate, not exceeding one hundred thousand dollars, as 
may be necessary and-convenient for carrying on said manu- 
facture, in their various branches as aforesaid. [Feb. 2, 1815.] 

Chap, 86. An Act to establish the Stow Cotton Manufactory. 

Sect. 1 . BE it enacted by the Senate and Hotise of Representa- 
tives, in General Court assembled, and by the authority of the same^ 
Persons incor- That Silas Jewell, Abraham Randall, jun. William Trobridge, 
porated. ^^^j Winslow Dunton, 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 
StowCottonManufactory,for the purpose of manufacturing cotton 
yarn and cloth in the town of Stow, in the county of Middle- 
sex ; and for that purpose shall have all the powers and privi- 
leges, and be subject to all the duties and requirements con- 
ri308 ch 65") tained 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 hun- 
dred and nine. 

Sect. 2. Be it further enacted. That the said corporation may 
^^d^ 'rsonar' ^^ lawfully seized and possessed of such real estate, not ex- 
•stJite. ceeding the value of thirty thousand dollars, and such personal 

estate, not exceeding fifty thousand dollars, as may be neces- 
sary and convenient for carrying on the manufacture of cotton 
yarn and cloth in said town of Stow. [Feb. 4, 1815.] 

Chap* 87. ^^ ^^"^ ^° establish the Watertown Cotton Factory Company. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, m General Court assembled^ and by the authority of the iame^ 



1814. Chap. 87—91. 41 

Thnt Amos Bond, Jeduthan Fuller, Mason Ilunling, Joseph Persona incof- 

Pierce, Edward Richards, and Enoch Wiswell, with such oth- 5'°^ated. 

crs, as may hereafter associate with them, and their successors 

and assi2;ns, be, and they are hereby established and made a 

corporation, by the name of the Watertown Cotton Factory 

Company, for the purpose of manufacturing cotton goods in the 

town of Watertown ; 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 manufac- (180S ch, 65.) 

turing corporations," passed the third day of March, in the year 

of our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted, That the said corporation, in 
their corporate capacity, may lawfully hold and possess such May hold reai 
real estate, not exceeding fifty thousand dollars, and such per- and peisonai 
sonal estate, not exceeding one hundred thousand dollars, as 
may be necessary and convenient for carrying on the manu- 
facture of cotton goods in the said town of Watertown. [Feb. 
4, 1815.] 

An Act to establish The Monson Woollen Manufacturing Company. %jh(ip» 9w« 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Asa Gates, Luther Carter, Nathan Hoar, Hamilton Ut- P"^f « '"'^ar.- 
ley, and Samuel Whitnej^ 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 Mon- 
son 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 sub- 
ject to all the duties and requirements, prescribed and contain- 
ed in an act, passed on the third da}'- of March, in the year of our 
Lord one thousand eight hundred and nine, entitled "An act (I803ch.e5.) 
defining the general powers and duties of Manufacturing Cor- 
porations." 

Sect. 2. Be it further enacted. That the said corporation may ^^^ ^°^^ "^f*^ 
1 r 11 I 1 1 1 1 1 r • and personal 

lawtully hold and possess real estate to the amount oi sixty estate, 
thousand dollars, and personal estate, to the amount of forty 
thousand dollars, as may be necessary and convenient for car- 
rying on the manufacture of woollen cloths in the said town of 
Monson. [Feb. 7, 1815.] 

An Act to incorporate The Foxborough Cotton Manufacturing Company. y^Uap. J I. 

Sect. 1. BE it enactedby the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That John Brayton, William Richmond, William Wood, and ^^^^^^ '"'^*^'' 
Hezekiah Anthony, together with such others as have, or may 
hereafter associate 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 Fox- 
borough, in the county of Norfolk ; and, for this purpose shall 
have all the powers and privileges, and bo sul:^tect to all the dn- 

VOL, V, 'e 



42 



1814. 



Chap. 91—94. 



lies and requirements, prescribed and contained in an act, pas- 
sed on the third day of March, in the year of our Lord one 
(I808ch.65.) thousand eight hundred and t)inc,entiilcd "An act defining the 
general powers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted, That said corporation may 
be lawfully seized of such real estate, not exceeding the value 
of thirty thousand dollars, and possessed of such personal estate, 
not exceeding the sum of fifty thousand dollars, as may be ne- 
cessary and convenient for establishing and carrying on the 
manufacture aforesaid. [Fe6. 7, 1815.] 



May hold real 
and personal 
estate. 



Chap. 92. 



Rights and 
privileges. 



Proviso. 
(Estended by 
1818 ch.64,) 



Chap. 93. 



An Act granting to Jolin L. Sullivan, a term of time for the use of his patent 
Steam Tow Boats on Coiinerticut River, within this Commonwealth. 

BE it enacted by the Senate and Hovsc of Representatives^inGen- 
rral Court assembled, and by the authority (f the same, That there 
be, and hereby is granted to John L. Sullivan, his heirs, execu- 
tors, administrators, and assigns, on the conditions herein con- 
tained, 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 twen- 
ty-eight years ; being double the time allowed by the patent 
laws of the United Stales, from and after the expiration of his 
said patent, bearing date the 2d day of April in the year 181 4: 
Provided however^ that the said Sullivan 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. 
[Feb. 7, 1815.] Add. act— 1818 ch. 64. 



Persons iiicor 
porated. 



An Act to incorporate The Wellflcet Manufacturing Company. 

Skct. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same. 
That Josiah Whitman, Beriah Iliggins, Thomas Higgins, Wil- 
liam. Cole, John Smith, George Ward, Reuben Arey, John G. 
Newcomb, together with such other persons as have, or may 
hereafter associate with them, their successors and assigns, be. 
and they hereby arc made a corporation, by the name of The 
Welllleet Manufacturing Company, for the purpose of manufac- 
luring 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 re- 
quirements contained in an act, passed on the third day of 
March, in the year of our Lord one thousand eight hundred 
(1808 ch. 65.) and nine, entitled " An act defining the general powers and 
duties of Manufacluring Corporations."' 

Sect. 2. Be it further enacted, That said corporation may be 
lawfully seized of such real estate, not exceeding twenty thou- 
sand dollars, and such personal estate, not exceeding forty 
thousand dollars, as may be necessary and convenient for es- 
tablishing and carrying on the manufacture of cotton and wool- 
len cloth and yarn, at Wellfleet aforesaid. [Feb. 10, 1815.] 

Chap. 94. An Act in addition to an act, entitled ''An Act to incorporate The President, Di« 
(1812 ch. 41.) rectors and Company of the Beverly Bank." 

BE it enacted by the Senate and House of Representatives, u» 
General Cmirl assembled, and by the authority of the eame, Thar 



May hold real 
and personal 
estate. 



1814. Chap. 94—98. 13 

from and after the passing of this act, the capital stock of the 
President, Directors and Company of^hc Beverly Bank, shall Capital, &c. 
be one hundred thousand dolk\rs, the number of shares to re- 
main the same as at present established by law. And the said 
Corporfition shall be holden 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 this act. And the said Commonwealth shall have a right to 
subscribe to the stock of said bank, only to the amount of fifty 
thousand dollars. Provided however, That no dividend of the Proviso. 
capital stock shall be made, when the specie belonging to the 
corporation, actually existing in their vaults, shall be a less sum 
than the amount of bills in circulation, and all deposits, and 
other demands existing against the same. And provided also, Proviso. 
That nothing herein contained shall be construed to alFect the 
liability of the corporation or the individual stockholders, as 
established by the act incorporating the said Bank. [Feb. 10, 
1815.] 

An Act to incorporate Tiie Eastoii Maiuifnctuiiiig Company. ^Iiap> 90. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That David Manly, Oliver Ames, Elijah Smith, Nathaniel How- Persons incor- 
ard, Elijah Lothrop, 'J'haddeus Howard, jun. Eliphalct Mitch- P"iateci. 
ell, and Asa Howard, together with such other persons as have 
or may hereafter associate with them, their successors and as- 
signs, be, and they hei-eby are made a corporation, by the 
name of The Easton Manufacturing Company, for the purpose 
of manufacturing 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 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 pow- (1808 ch. 65.) 
ers and duties of Manufacturing Corporations." 

Sect. 2. Be it farther enacted, That said coi'poration may be 
lawfully seized of such real estate, not exceeding the value of May hold real 
fifty thousand dollars, and such personal estate, not exceeding and persoaal 
the value of one hundred thousand dollars, as may be necessa- 
ry and convenient for establishing and carrying on the manu- 
facture of cotton and woollen cloth and yarn, at Easton afore- 
said. {Feb. 10, 1815.] 

An Act in addition to an act, entitled " An act to incorporate Ezekiei Mersey Dcr- Chup. 98. 
by and others for the purpose of building a Bridge over South River in Salem." n805 eh 49'^ 

BE 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 em- May reduce 
powered to reduce the leaves of the draw of the South Salem '^^'■"• 
bridge to the length of twenty feet, within the railing, and here- 
after to maintain and keep the same of such length, between 
twenty feet and thirty feet, as by the said town shall be deem- 
ed most expedient, any thing in the act to which this is in aql- 
dition to the contrary notwithstanding. [Feb, 10, 18 15.] 



44 1814. Chap. 99—101. 



Chap* 99, ■*" ^^^ ^"'' further regulating the Fisliery in Mattepoisett River, in the town ef 
(1787 ch. 33.) RoclKster. 

^i8iV ^\ ^^^'\ ^^^T' ^ • ^^ '' ennchd by the Senate and House of Represenia- 
*^'* "^ tives, in General Court asseinbled^ and by the authority of the same. 
^^ That from anrj niter tlic j).i>sing this act, the inhabitants of the 

prohibi™the ^°^^'" °' Rochester, Mt any meeting legally warned for that pur- 
taking Fish, pose, may prohibit ihe taking any of the fish called alewives in 
Mattepoisett Hiver in said town for the present year, excepting 
at one place therein, to be by them appointed in said meeting : 
and may also, by their vote, in such meeting, establish such 
mode of taking said fish, at such place as they shall think pro- 
per. 

Sect. 2. Be it further enacted, That the said inhabitants, at 
such meeting, may appoint some person or persons to take said 
fish in such place, for .^uch year (not exceeding three days in a 
week) for the use of said inhabittmts, to be disposed of in such 
way and manner, as they in such meeting by vote shall agree 
upon. 

Sect. 3. Be it further enacted. That if any person or persons 
who shall be so appointed, or any person who shall purchase 
Penalty for not the exclusive right, of taking said fish at any place in said riv- 
rul'p"^"""" *° ^^' according to the laws now in force for that purpose, shall 
not conform to the rules and regulations, for them respectively 
established by said inhabitants, such person or persons shall 
for each breach of such rules and regulations, forfeit and pay 
to said inhabitants twenty-five dollars, to be recovered in an 
action of debt in any Court proper to tr\'^ the same. [Fc6. 10, 
1815.] Further act— 1817 ch. 136. 

tyhop, 1 00. An Act in further addition to an act, entitled "An Act for incorporating James Sul- 
1793 ch. 21. livan, Esq. and others, by the name and style of the Proprietors of Middlesex 

(V. 1. p. 465.) Canal." 

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

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

the proprietors of the Middlesex Canal, be, and hereby are, au- 

May demand thorized and empowered to demand and receive loll on boats 

*ol'' and rafts, that shall pass Wicasee lock and canal in the town 

of Tyngsborough in this Commonwealth, at the following rates, 

(1812 ch. 113. viz. For every cord of pine wood eight cents, for every other 

4 3.) kind of wood ten cents per cord, for every ton of merchandize 

or other loading ten cents, for other articles goin? down the 

canal, one tenth of the toll now allowed on the same articles at 

the Middlesex Canal. [Feb. 11, 1815.] 

Clwp, 101. An Act to establish The Oakham Cotton and Woollen Factory Company. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
Vevsonsin- same, That Luke Robinson, Asa French, jun. and Fli Fair- 
corporatcd. banks, with such others as ma}' 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 Woollen Factory Company, for the manufacture of 
cotton and woollen cloth and yarn, in the town of Oakham, in 
the county ot Worcester ; and for this purpose shall have all 
the powers and privileges, and shall also he subject to all the 



1814. Chap. 101— 105. 45 

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 Aci defin- ,,808 ch.6.5.) 
ing the general powers and duties of manufacturing corpora- 
tions." 

Sect. 2. Be it further enacted. That said the corporation. May hold real 
may lawfully hold and possess such real estate to the value and personal 
of ten thousand dollars, and such personal estate, to the value of 
twenty thousand dollars, as may be necessary and convenient 
for carrying on said manufacture of cotton and woollen cloth 
and yarn in the said town of Oakham. [jPe6. 16, 1815.] 

An Act in addition to an Act, entitled, " An Act to incorporate certain per- (^fidp, 103, 
sons into a Company, by the name of The South-Boston Association." 1805 ch 9 

BE it enacted by the Senate and House of Representatives^ in (V. 3. p. 607.) 
General Court assembled., and by the authority of the same. That 
an act made and passed 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, by Act continued. 
the name of The South-Boston Association," be, and the same 
is hereby continued in force until the fouriecnth day of June, 
which will be in the year of our Lord one thousand eight hun- 
dred and twenty, any thing in the act to which thi^; is in addi- 
tion to the contrary notwithstanding. \^Feb. 16, 1815.] F'ur- 
ther act— 1819 ch. 152. 



An Act in further addition to an Act. entitled, "An Act authorising a Lottery, p? ^c\A 

for completing the repairs of Plymouth Beach. Kjilup. 1U4. 

rtn • 1 1 1 ci 1 TT /•!-> • • 12^' fh. 148. 

Bti it enacted by the Senate aiw fionse of Representatives , m 1512 ch. 18. 
General Court assembled, and by the authority of the same. That 
the m^n;lgers appointed under the act, authorizing a Lottery Managers au- 
for completing the repairs of Plymouth Beach, be, and they thorized to de- 
hereby are authorized to deduct, not only the chnrges of sta- ^"^* expenses. 
tionary, printing and other expenses of drawing each class, but 
also like reasonable compensation for their services and ex- 
penses, as was allowed by the President and Fellows of Har- 
vard 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 considered the " whole proceeds" men- 
tioned in said act, any thing in the acts, to which this is an ad- 
dition, to the contrary notwithstanding. [Feb. 16, 1815.J 
Further act — 1816 ch. 71. 

An Act to set off Hezekiah Corev, jun. from the town of Gardner, and annex him ^i me 

tothe townof Ashburnham. " t//icp. 105. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled, and by the authorii of the 
same, That Hezekiah Corey, jun. of Gardner, in the county of person set oft", 
Worcester, with his family 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 Ashburnham, in said 
county ; and the said lot of land shall hereafter constitute a 
part of said town of Ashburnham ; and said Corey be liable 
to all the duties, and entitled to all the rights and privileges of 
an inhabitant oi said town of Ashburnham : Provided neverthe- 



46 



1814. 



Chap. 105—106. 



proviso. 



Chap, 106. 



Persons incoi- 
)ii'rate(I. 



Property liable 
10 be taxed. 



lesSf said Corey shall be holden to pay all taxes legally as- 
sessed upon him in said town of Gardner prior to passing ihis 
act, in the same manner as though this act had not been passed : 
Provided also, That said town of Ashbiirnham shall not discon- 
tinue a town road laid out through said lot of land for the ac- 
commodation of a farm now in the occupation of Jonathan 
Bancroft, jun. but the same shall be, and rem.iin as it is now 
located: Jjjid provided further, That all and every person who 
may have gained a settlement in the town of Gardner, by re- 
siding on said lot of land, and who might hereafter become 
poor and chargeable to said town of Gardner, shall neverthe- 
less 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 notwithstanding. [/>ft. 16, 181 5. J 

All Act to incorporate The Third Religious Society in Doichest r. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Samuel Withinsjton, Benjamin Fuller, James Tol- 
man, Mark Hollingsworth, Dexter Tiffany, Amasa Fuller, Ed- 
mund Baker, Thomas Crehore, Euclid Tileston, Charles Park, 
John Bussey, Stephen Pierce, John Bussey. jun. James Pierce, 
Samuel H. Spurr, Henry Cox, Thomas Bussey, Caleb Jarvis, 
Benjamin Parsons, Isaac Sanderson, James Kelton, Isaac Cox, 
John Lillie, Henry Crane, Darius Brewer, David Brewer, Scth 
Briggs, Walter Baker, Jesse Sumner, William IT. Wood, Wil- 
liam Melius, Joshua Pierce, Reuben Swan, Elisha Lapham, 
David Johnson, Comfort Foster, Ezekiel Holden, Ezra Bad- 
lam, Edward Haynes, Lemuel Shepard, Ebenczer Stedman, 
Nathaniel Fcrrett, William Humphry, Stillinan Lincoln, William 
Bumstead, Henry Smith. John Paul, Henry Clark, Zenas Ea- 
ton, Samuel Withington, jun. Ebenezer Davenport, Samuel B. 
Pierce, Thomas Munroe, Abner Stoddar, Samuel AV'illiams, 
William Trescott. Peter Mayo, Sylvanus Crosby, Thomas 
Bell, Charles Prentiss, John Niijhtingale, Isaac Crane, Jesse 
Inglee, Oliver Warren, William E. Vincent, Luther Gay. Za- 
chariah Cain, Ebenezer Trescott, Sewell Fessenden, Samuel 
Richards ; — petitioners, with such other inhabitants of the 
towns of Dorchester and Milton, as shall desire to unite with 
them, be, and they hereby are incorporated into a parish, by 
the name of The Third Religious Society in Dorchester, with 
all the powers, privileges and immunities, to which the other 
parishes in this Commonwealth are by law entitled. 

Sect. 2. Be it further enacted, That the polls and estates, 
property of the petitioners, and of all other persons who may 
become members of said Third Religious Society, and the pro- 
perty they shall respectively hold or occupy on the first da}' 
of May annually in said towns of Dorchester and Milton, shall 
be taxable in said Third Religious Society and in that only 
for parochial purposes. 

Sect. 3. Be it further enacted, That whenever any person 
being an inhabitant of said Dorchester or Milton, shall desire 
to become a member of said Religious Society, such member- 



18H. Chap. 106. 4? 

ship shall be certified by a commitLee of said society chosen 
for that piirpose and filed with the clerk of the town or parish, 
to which he or she belongs, and the certificate of such commit- 
tee may be as follows: 

We certify that of the town of Form of ceiit^ 

is a member of the Third Reli- fi<=^*^' 
gious Society in Dorchester ; dated this 
day of A. D. 18 

> Committee. 

Said certificate to be filed as aforesaid, fourteen days previous 
to the annual meeting of said third parish in March or April; 
such person or persons, paying his or her proportion of all mo- 
nies voted in the Religious Society to which he or she belong- 
ed previous to his Joining said third parish, shall from and af- 
ter giving siirh certificate with his or her polls and estates, be 
considered as i member of said Third Religious Society. 

Sect 4. Be it further enacted^ That if any member of said May leave 
Third Religious Society shall see cause or be inclined to leave this societ3r> 
said society and join in worship with any other religious socie- 
ty 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 society to which he or she may so unite. 

Sect. 5. Be it further enacted. That the income of the min- incometobe 
isterial land so called, which was given and set oflT for the use annually di- 
and maintenance of the ministry, and the income of all other ^'"®°' 
ministerial land and property, which shall be used for the sup- 
port and payment of the ministers of the gospel in the town of 
Dorchester, shall be annually divided between the first, second, 
and third religious societies, in the same proportion that the 
members of each parish shall collectively bear to each other, 
in the state tax, which shall be assessed from time to time in 
the town of Dorchester, to be annually comjaared and ascer- 
tained by the assessors of the three parishes, and to be drawn 
from the town treasury accordingly. 

Sect. 6. Be it further enacted, That all the ministerial taxes Ministerial 
assessed and collected within the town of Dorchester on es- taxes tobedf- 
tates belonging to non-residents, shall be divided between the 
fiirst, second, and said Third Religious Society in the ratio es- 
tablished for the division of the income of the li-inisierial land 
and property. 



48 



1814. 



Chap. 106—108. 



i'ower to sell 
pews of delin- 
quent proprie- 
tors. 



Empowered to Sect. 7. Be it further enacted. That the qualified voters 
raise money, gg herein after specified, in said Third Relisjious Society be, 
and they hereby are authorized and emf lowered to grant and 
vote, from time to time, such sums of money as they shall 
judge necessary for the seillemrnt and support of the ministry 
in said society, and for all other necessary parish charges, 
which sums may be assessed on the t>ews iri the meeting-house 
belons^intr to said society, in the proportion specified in the 
deeds of convey ince from Edmund Baker to the original pro- 
priet-^-'c • and if anv propr « or 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 apy>ointed for 
the payment of the same, the treasurer of said society shall 
have power to sell the pew or pews of such delinquent proprie- 
tors, together with his right and interest in said house at pub- 
lic auction, first giving notice to the delinquent proprietors of 
the time and place of sale, by posting up notifications thereof 
at the meeting-house of said society, fourteen days at least be- 
fore the day of sale; and the said treasurer is hereby author- 
ized 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 re- 
turn to the delinquent prop- ictor or proprietors. 

Sect. 8. Be it further enacted^ That the proprietors or oc- 
cupiers only of the pews, .in the meeting-liouse, built by the 
said Third Religious Society, shall be entitled to vote in pa- 
rish affairs, so that one vote may be given for each pew, any 
thing in this act to the contrary notwithstanding. 

Sect. 9. Be if further enacted. That any Justice of the Peace 
in the county of Norfolk be, and he is hereby authorized and 
empowered, to issue his warrant, directed to some suitable 
member of '^aid society, to notify and warn the legal voters of 
the said T' ird Religious Society to meet at such time and 
place as shall be appointed in said warrant, to choose such of- 
ficers and transact such business as parishes are by law en- 
titled to choose and transact in the month of March or April 
annually. [Fvh. 16, 1815.] 

Chap> 108. An Act to incorporate the Second Parish in the town of Lynn into a separate 
town by the name of Saugus. 

Sect. 1. BE it enacted by the Senate and House of Represcnta- 
lives, in General Court assembled, and by the authority of the saine^ 
That all that part of the town of Lynn, in the county of Essex, 
lying and being situate within the boundaries of the second pa- 
rish in Lynn aforesaid, together with the inhabitants thereon, 
be, and the same is hereby incorporated into a separate town, 
by the name of Saugus, viz. beginning at Bride's brook, so call- 
ed, and running as the said brook runs till it meets the river 
that runs between Chelsea and Lynn, and then by the said 
river until it meets Pines river, and then by said Pines river 
until it meets Saugus river, and then along Saugus rivers by the 



Proprietors en- 
titled to vote. 



.Justice to issue 
his warrant. 



Town incorpo- 
rated. 



1814. Chap. 108. ^ 

middle of the said river to the great bridge, so called, then run- 
ning from the said bridge a straight line to the easterly end of 
the farm now owned by William Sweetser and Ephraiin Sweet- Boundaries, 
ser, formerly belonging to John Hawk's successors, and then 
turning and running to the line of Lynnfield to the northern 
side of land now belonging to John Reading, formerly of Isaac 
Larrabee, thence running by the line of Lynnfield until it meets 
the line of the town of South Reading, thence running by the 
line between South Reading and Lynn until it comes to the 
three county mark, so called, I hence running on the line be- 
tween Chelsea and Lynn, until it comes to Bride's brook, the 
place first set out from. 

Sect. 2. Be it further enacted, That the said town of Saugus Possession of 
shall be entitled to hold such proportion of all the real and per- property ai- 
sonal estate now belonging to and owned in common by the in- ^°^^^^' 
habitants of the town of Lynn as the property of the inhabi- 
tants of the said town of Saugus now bears to the property of 
all the inhabitants of the present town of Lynn, according to 
the latest valuation thereof, excepting always all rights of com- 
mon 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 within whose lim- 
its the same may be, except the privileges on pine beach, which 
shall hereafter be enjoyed by the inhabitants of the said town 
of Lynn and the said town of Saugus in common. 

Sect. 3. Be it further enacted. That the said town of Saugus „, „ 
shall be holden to pay then- proportion to be ascertamed as debts, &c. 
aforesaid of all debts and claims now due and owang from the 
said town of Lynn, 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 ; and shall be entitled to receive their proportion, to be 
ascertained as aforesaid, of all the debts, taxes and monies now 
due to the said town of Lynn. 

Sect. 4. Be it further enacted, That the said town of Saugus To support 
shall be holden to support their proportion of the present poor P°°''' 
of the said town of Lynn, which proportion shall be ascertain- 
ed as aforesaid ; and all persons, who shall or may hereafter 
become chargeable as paupers, shall be considered as belong- 
ing to that town, on whose territory they may have gained a 
legal settlement, and shall be supported by that town only. 

Sect. 5. Be it further enacted, That nothing in this Act shall 
be so construed as to alter or affect in any way parish privi- 
leges, or the right or manner of assessing and collecting parish 
taxes within or for either the said tOAvn of Lynn or the said 
town of Saugus, which said rights and privileges shall hereaf- 
ter be held and enjoyed in the same manner, as if this Act had 
not been made. 

Sect. 6. Be it further enacted, That there shall be and hereby j^j^j^^ ^^ ^^^ 
is reserved to the town of Lynn the right to tax those inhabi- inhabitants, 
tants of the said town who now own salt marsh on the south- 
erly and easterly side of the Salem turnpike road, but within 
the limits of the said town of Saugus, so long as the same shall 

VOL. V. 7 



50 1814. Chap. 108—110. 

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. 
Privile cs of Sect. 7. Be it further enacted, 1'hat the rights and privileges 

fishery held. of the alewive fishery shall be held and enjoyed hereafter by 
the towns respectively within whose limits the streams may run, 
in the same manner as is now provided by law for the town of 
Lynn, 
justice to issue ^ECT. 8. Be it further enacted, That either of the Justices of 
warrant. the Peace for the county of Essex is hereby authorized to is- 

sue a warrant, directed to some inhabitant of the said town of 
Saugus, requiring him to notify and warn the inhabitants there- 
of, to meet at such convenient time and place, as shall be ex- 
pressed 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. [Feb. 17, 1815.] 

Chap* 109. An Act incorporating the Stockbridge Cotton and Woollen Manufacturing Com- 
pany. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same^ 
., That Elijah Brown, jun. John Hunt, Erastus Williams, and 

porated. Luther Plumb, together with such others 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 and Woollen Manufacturing Company, for the purpose 
of manufacturing cotton and woollen yarn and cloth in the town 
of Stockbridge, in the county of Berkshire ; and for that pur- 
pose shall have all the powers and privileges, and be subject 
(1808 ch. 65.) to all the duties and requirements, contained in " An Act defin- 
ing 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. 
May hold real Sect. 2. Be it further enacted, That the said corporation may 
and personal lawfully hold and posscss such real estate, not exceeding the 
estate. value of fifty thousand dollars, and personal estate, not exceed- 

ing the value of eighty thousand dollars, as may be necessary 
and convenient for the purposes aforesaid. [Feb. 18, 1815.] 

Chap* 110. An Act to incorporate the Rock-bottom Cotton and Wool Factory. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
lersons incor- That Jocl Cranston and Silas Jewell, with such other persons 
poidte . jjg already have or hereafter may associate with them, their 

successors and assigns, be, and they hereby are made a corpora- 
tion, by the name of the Rock-bottom Cotton and Wool Facto- 
ry, for the purpose 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, contained in an 
Act, passed on the third day of March, in the year of our Lord 
( 01. 6j.) ^^^ thousand eight hundred and nine, entitled " An Act defin- 
ing the general powers and duties of manufacturing corpora- 
tions." 



Iiil4. Chap. 110—116. 51 

Sect. 2. Be it further enacted, That said corporation may be May hold real 
lawfully seized and possessed of such real estate, not exceed- gg"at^"'°"^^ 
ing twenty thousand dollars, and such personal estate, not ex- 
ceeding thirty thousand dollars, as may be necessary for the 
purposes aforesaid. [Feb. 18, 1815.] 

An Act to incorporate the Farmers Manufacturing Company, in Lenox. l^nCip. 111. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Isaac Ellis, Levi Belden, and Charles Mattoon, together Persons incor- 
with such others as may hereafter associate with them, their p^"^^'^"^- 
successors and assigns, be, and they hereby are made a corpo- 
ration, by the name of the Farmers Manufacturing Company, 
for the purpose of manufacturing woollen cloth in the town of 
Lenox, in the county of Berkshire ; and for that purpose, shall 
have all the powers 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 .^g^g ^[^ g^ v 
of manufacturing corporations," passed on the third day of 
March, in the year of our Lord one thousand eight hundred 
and nine. 

Sect. 2. Be it further enacted, That the said corporation, in 
their corporate capacity, may lawfully hold and possess real 
estate, not exceeding the value of ten thousand dollars, and 
personal estate, not exceeding twenty thousand dollars, for the 
purposes aforesaid. [Feb. 18, 1815.] 

An Act to incorporate the Steep Brooli Cotton and Woollen Manufacturing Com- ^flUp. 1 lo. 
pany. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Elijah Crane, Isaac Thayer, David Wild, and Bethuel persons incor- 
Drake, with such others as may hereafter associate with them, porated. 
their successors and assigns, be, and they hereby are made a 
corporation, by the name of the Steep Brook Cotton and Wool- 
len 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, require- i 

ments, and liabilities, contained in an Act, entitled " An Act de- (ibos ch. 65.) 
fining 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. 

Sect. 2. Be it further enacted, That the said corporation may jyf^y ^oid real 
be lawfully seized and possessed of such real estate, not ex- and personal 
ceeding the value of thirty thousand dollars, and such personal estate, 
estate, not exceeding fifty thousand dollars, as may be neces- 
sary and convenient for carrying on the manufacture of cotton 
and woollen yarn and cloth in said town of Canton. [Feb. 18, 
1815.] 

An Act to incorporate the Berkshire Medical Botanical Society. Chap, 11 6« 

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



52 1814. Chap. 116—120. 

Persons incor- That Simeon Brown, Joshua Whitney, Jonathan Allen, 2d, 
poratcd. JqJ^j^ Dickinson, Stephen Mead, Amasa Foard, Jesse Torrey, 

jun. Lyman Peabody, Charles Foard, James Brown, and Eli 
Maynard, together with such other persons as may hereafter 
associate with them, and their successors and assigns, be, and 
they are 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 pleasure ; and 
' may do and suffer all such matters, acts and things, which bo- 

dies politic may and ought to do and suffer. 
May hold real Sect. 2. Be it further enacted, That the said society shall be, 
and personal and are hereby empowered, to purchase and hold any real es- 
estate. jj^^g^ ^Q fj^^ value of live thousand dollars, and personal estate 

to the like amount, both of which to be appropriated exclusive- 
ly for the promotion of medical and botanical science. 

„, . , „ Sect. 3. Be it further enacted, That the said society may 
Choice of ofli- , . , ^ ^ \ ^ i u ;u r 

cers. choose a presHlrnt. treasurer, and secretary, and such other oi- 

ficers as they shall see fit; and may make and establish such 
rules and regulations as to them shall appear necessary : pro- 
vided the same be not repugnant to the laws or constitution of 
this Commonwealth. 
Ma call a Sect. 4. Be it further enacted. That any three of the above 

meeting. named persons may appoint the lime and place of the first 

meeting of said society, by inserting an advertisement in one 
of the newspapers printed in the county of Berkshire, three 
weeks successively previous to the lime of meeting ; at which 
meeting the said society may choose the olliccrs aforesaid, ap- 
point the time and place of their annual and other meetings, 
and adopt such rules and regulations, as are provided for in 
this Act. [Feb. 18, 1815.] 

Chap. 118t An Act to annex George Williams and Ai)ollos Padelford, to the Taunton and 
Widdleboroiigh Precinct Parish. 

BE it enacted by the Senate atid House of Representatives, in 
General Court assembled, and bi/ the authority of the sayne. That 

Persons set off. George Williams, his family, polls and estate, lying in the town 
of Taunton, in the first parish in said town, and Apollos Padel- 
ford, his poll and estate, lying also in said Taunton, and in said 
first parish in said (own, 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 Taunton, 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 forever hereafter be considered as 
belonging thereto, enjoying all parish privileges, and to pay 

Proviso. parish charges which maj^ arise ^\ithin the same: Provided 

nevertheless, That 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. [Fc&. 
20, 1815.] 

Chaft 1 20. An Act incorporating The Brimfield Cotton and Woollen fttanufacturiDg Com- 
pany, 

Sect. 1. BE it enacted by the Senate and House of Representa- 



1814. Chap. 120—123. 53 

tives^in General Court assembled^ and by the authority of the. same^ 
That Israel El'iot Trask, Elias Carter, Peles: C. Janes, Angus- ^'^'^^""J '"tor- 
tus Janes, and Elijah Ahbot, with such others as have associat- v^rau . 
ed, or may hereafter associate with them, and their successors, 
be, and they are hereby made a corporation, by the name of (^^'"n ^i^^76^\ 
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 (isos ch. 65.) 
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. 

Sect. 2. Be it further enacted, That said corporation may May hold real 
lawfully hold and possess such real estate, not exceeding the ^^^ personal 
value of fifty thousand dollars, and personal estate not exceed- 
ing the value of one hundred thousand dollars, as may be ne- 
cessary and convenient for carrying on the manufactory afore- 
said in said town of Brimfield. [Feb. 20, 1815.] See 1820 
ch. 76 : 1821 ch. 5. 

An Act for repealing in part an act, entitled, "An Act for erecting that tract of ChcCV. 121» 
land in the county of Berkshire, called New Ashford, into a District, by the name 1780 ch. 20. 
of New Ashford." (V. I. p. 8.) 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That Act in part 
so much of an act passed the twenty-sixth day of February, in "P^^ ^ ' 
the year of our Lord one thousand seven hundred and eighty- 
one, entitled, " An act for erecting that tract of land lying in 
the county of Berkshire, called New Ashford, into a district, bj'- 
the name of New Ashford," as grants to said district liberty to 
join with Lanesborough for the purpose of sending a represen- 
tative to the General Assembly, be, and the same is hereby re- 
pealed. [Feb. 20, 1815.] 

An Act in addition to an act, for regulating the proprietors of certain meadows Chap. 123, 
and flat ground in Hingbam. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That the proprietors of certain flats in the town of Co- 
hasset, formerly called Hingham, at a place called Little Har- 
bour in said town, shall have and enjoy all the powers and 
privileges granted to the proprietors of the meadows and flat ^'.shts and 
ground within the cove called the little harbour in the township P""'^Ees. 
of Hingham,in the county of Suffolk, by an act passed in the year (3iGeo.2,ch.2.) 
of our Lord one thousand seven hundred and fifty-eight, and Jy V'^'^rse^i 
by an act passed in addltijon to said act, on the eighteenth day ^ ' ' ^' 
of February, in the year of our Lord one thousand eight hun- 
dred and five. 

Sect. 2. Be it further enacted. That all such contracts as 
have been already entered into by the proprietors of said nS vaHd. 
meadows whh the proprietors of said flats, are hereby estab- 
lished and rendered valid to all intents and purposes. 

Sect. 3. Be it further enacted, That the proprietors of said 



54 



1814. 



Chap. 123—124. 



Power to sell 
shares of delin- 
quent proprie- 
tors. 



Proprietors' 
/ power. 



Omp. 124. 

1806 ch. 89. 
1809 ch. 65. 

May sell real 
and personal 
estate. 



Authorised to 
make deeds. 



May appoint 
committee. 



Debts and 
demands. 



Proviso, 



flats may cause to be sold at public vendue, the share of any 
propriclor, who shall neglect to pay any assessment duly voted 
and agreed upon by ^aid proprie'ors, to their Trei'^urer, within 
sixty days after the time set for the payneiil thereof, ihey 
giving thirty days notice of the time, place, and cause of the 
sale, by posting up a notification, in some public place, in the 
several towns of Cohasset, Hingham, ;ind Scituate ; and it shall 
be the duty of said proprietors to pay over to said delinquent 
on demand, the surplus, if any, after satisfying said assessment 
and incidental expenses attending said sale. 

Sect. 4. Be it further enacted^ That the proprietors of said 
flats shall have the power to use, regulate and control the beach 
below the dam, through which the water runs into the sea. [Feb. 
25, 1815.] 

An Act to empower the Union Marine and Fire Insurance Company in Newbury- 
port to sell their real estate, and for other purposes. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of the same^ 
That the Union Marine and Fire Insurance company in New- 
buryport be, and they hereby are authorized and empowered, 
at such time as may be deemed most expedient, to sell and 
dispose of their estate both real and personal. 

Sect. 2. 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 pur- 
chaser or purchasers of the real estate aforesaid, or any part 
thereof, good and sufficient deed or deeds of conveyance, which 
being acknowledged before a Justice of the Peace, and record- 
ed in the Registry of deeds for the county of Essex, shall be 
good and suflicicnt to pass, to the purchaser or purchasers and 
their heirs and assigns forever, all the right, title, interest and 
estate, which said Company have in and to the same. 

Sect. 3. Be it further enacted, That said Union Marine 
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 Corporation, with the same 
powers therefor, as the president, and directors of said Compa- 
ny now have ; and it shall be the duty of the committee so 
chosen, to determine 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, according 
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. 

And whereas said Company have divers claims and de- 
mands, which cannot be immediately settled : Therefore, 

Sect. 4. Be it further enacted, That nothing in this act con- 
tained, shall preclude said Company from having and maintain- 
ing, at any time hereafter, in their corporate 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 stock- 
holders be jointly and severally, as well as in their corporate 



Further time 
given. 



1814. Chap. 124—129. 56 

capacity, liable for all outstanding debts and claims existing 
against said Company, at the time said stockbolders shall make 
such apportionment and distribution of their funds as authorized 
by this act. [Fefe. 25, 1815.] 

An Act in addition to an act, entitled " An act to incorporate the President, QJiQp, ] 25. 
Directors and Company of the Hampshire Bank." ' 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
so much of an act, entitled " An act to incorporate the Presi- 
dent,- Directors and Company of the Hampshire Bank," as 
regards the time at which the stockholders of said Bank are re- 
quired to pay in their fourth instalment 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 their 
said fourth instalment of the capital stock of said bank, on the 18150^98™*' 
first d^y of March, in the year of our Lord one thousand eight I817 cii*. 55. 
hundred and sixteen. [Feb. 25, 1815.] Further acts — 1815 
ch. 98: 1817 ch. 55. 

An Act in addition to an act, entitled " An act empowering the town of Pembroke Chap. 1 28. 
to regulate and order the taking and disposing of the fish called Alewives, within 1789 ch. 43. 
the limits of the said town." (V. 1. p. 269.} 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That no person or persons shall set, draw, or cast any seine, 
drag or set net, of any dimensions whatever, in the North Time appoint- 
River so called, in the county of Plymouth, except from the ^^ 'o ^atch 
sun's rising to the sun's setting of the Mondays, Wednesdays, and 
Fridays of each week ; 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 restricted from sweeping in said river, further 
than can be done by confining one end of said seine to the 
bank of 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 river where it is used, on the penalty of fifty dol- 
lars for each and every offence, to be recovered and appropri- 
ated in the manner provided for in the act, to which this in ad- 
dition. 

Sect. 2. Be it further enacted, That the Act supplementary Acts repealed. 
to an Act, regulating the taking and disposing of the fish 
called alewives in the town of Pembroke, passed June the (isn ch. 72.) 
twenty-fifth, one thousand eight hundred and eleven, and the 
ninth section of an Act, entitled, " An Act empowering the town (^789 ch. 43.) 
of Pembroke to regulate 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. [Feb. 25, 1815.] 

An Act for regulating the Fishery in the Towns of Salem and Danvers. Chap. 129. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 



^ iyi4. Chap. 129. 

tatives, in General Court assembled, and hy (he authority of the 
Law extended, same, 7'hjil all ihc provi^^ions for the pi( -ervaliori of the fish 
called *.sh:)(J, and for regulating the taking the same, contained 
(1806 ch. 117.) in an Act, entitled. "An Act for the preservation of the fish 
called alewives, in their passage up the rivers and streams 
leadin;< through (he towns of Saleni and Deinvers, in the county 
of Essex, and for regulating the taking said fi^h in said streams, 
and for repealing all laws heretofore passed for regulating the 
fishery in said streams and rivers." shall be. and hereby are 
extenfled to the fish called shad ; and (he 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 the preservation and taking shad, as they now 
have, and are subject to for the preservation and taking of ale- 
wives. 
Empowered to Sect. 2. Be it further enacted, That the said fish committees 
make a iluice of eithrr of them shall l)c, and ihey hereby are auihori/.ed and 
^^^' empowered to make and open a sluiee-way in the brook run- 

ning from spring pond, so callerl, and to keep and maintain the 
same open, and without 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 enaljling 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 purpoi-e the said com- 
mittees 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 l>e bounded, 
without being considered as trespassers; and any person who 
shall molcsl 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 passages, otherwise than 
may Vje allowed by said committee or committees, he or she 
Forfeiture. 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, 
(1806 ch. 117.) entitled, "An Act for the preservation of the fish called ale- 
wives, in their passage up the rivers and streams leading 
through the towns of Salem and Danvers, in the county of Es- 
sex, and for i-egulating the taking said fish in said stream*, and 
for repealing all laws heretofore passed for regulating the fish- 
ery in said sti-eams and rivers," are recovered and appropriat- 
I'rovibo. ed : Provided, That this Act shall not give the said committees, 

or either of them, any new powers and privileges concert. ing 
the mills, or the sluice or passage ways at the mills on s lid 
stream.s, after the first da}' of .lunc in each year. [Feb. 27, 
1815.] 

* This provision, tliou(;h apparently enoneous by inserting "sliad" instead of 
" alewives," \u correctly transcribed from the original roll. The petition prayed 
for the extension to shad, of the provisions of the existing law in relation to ale- 
wives. By this inadvcrtance in drawing and engrossing the bill, the provision 
itfelf in rendered wholly inoperative. — Ed. 



1814. CfiAP. 132—131. .57 

An Act to establisli Tlie Westport Cotton Maimliicturing Company. ChttV. 132. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Cowl assembled, and by Ike authority of the 
same. That Daniel Hale, Joseph Gray, John Mason, and Ilanan Persons incor- 
Wilbour, together with such others as may hereafter associate i'"»atc(l. 
with them, and their successors or assigns, be, and they are 
hereby made a corj)oration, by the name of The Westport 
Cotton Manufacturing Company, for the purpose of manufac- 
turing cotton yarn and cloth, in the town of West[)ort; 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, en- 
titled, "An Act defining the general powers and duties of Ma- (I8O8 ch. 65.) 
iiufacturing Corporations." 

Sect. 2. Be it further enacted, That the said corporation May hold real 
may lawfully hold and possess such real estate, not exceeding ^'";' personal 
the value of fifty thousand dollars, and such personal estate, 
not exceeding the value of one hundred thousand dollars, as 
may be necessary and convenient for establishing and carry- 
ing on the manufacture of cotton aforesaid. [^Feb. 27, 1015.] 

An Act to regulate the Fisheries in the Town of Yarmouth. Chap» 134* 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the ayUhority of the same, 
That, from and after the passing of this Act, the town ot Yar- Empowered to 
mouth shall be, and hereby are empowered and dii-ected at choose officers. 
their meeting for the choice of town olficcrs 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 ; and 
each person, so chosen, shall be sworn faithfully to discharge 
the duties required of him by this Act; and the said committee 
shall meet together annually, on or before the twentieth day 
of April, and at such time and place as they, or a majority of 
them, shall appoint; and the major part of the committee pre- 
sent at such meeting, are hcreliy authorized and empowered 
to order the times, places and manner, in which it may be law- 
ful to take any of the fish called herring, alewives, perch, and 
eels, in said town ; and the said committee, or a majority of streams to be 
them, are hereby fully authorized and empowered to cause the kept open. 
natural course of the streams through which the said fish pass, 
to be kept open and without obstruction, to remove such as 
may be found therein, and to make the said passage-ways wi- 
der or deeper, if they shall judge it necessary; and said com- 
mittee 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 being 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 obstruct any passage-way in the rivers, streams, coves, 
or ponds in said town, otherwise than may be allowed by the 
said committee, he or they shall forfeit and pay a fine for Forfeiture. 

Vol. v. 8 



6H 



1814. 



■ Chap. 134. 



May open 
dams. 



Proviso. 



Penalty, 



Penalty for 
taki:)g fish con- 
trary to law. 



Fish unlaw- 
fully taken. 



May seize 
boats, See. 



every such ofTence, not exceeding ten dollars, nor less than 
three dollars. 

Sect. 2. Be it further ^nacted., That the said committee, or 
the major part of them present at any meeting duly notified, 
bcinc; not less than three in number, shall be, and 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 creeled 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 the expense of the 
owner or owners of such dam or sluice, provided such 
owner or owners shall neglect to open the same when thereto 
required by the said committee, or the major pari of them, im- 
mediately ;iftcr l)cing 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 commiitec, or a major part of them, in any dam or sluice, 
such person so otTcnding shall, on conviction before any justice 
of the peace for the county of Barnstable, pay a fine for every 
such offence not exceeding ten dollars, nor less than three dol- 
lars ; and the said committee shall cause every such obstruc- 
tion to be forthwith removed. 

Sect. 3. Be it further enacted, That if any person or per- 
sons shall take any of the said fish in the rivers, streams, ponds, 
or coves aforesaid, at any time, in any 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 the quantity of fish so taken 
shall be one bai-rel or more, such person or persons so offend- 
ing shall forfeit and pay for each and every barrel of fish so 
taken, the sum of four dollars. 

Sect. 4. Be it further enacted, That if the committee afore- 
said, or either of them, shall detect any person or persons in 
attempting to take any of the said fish at any time or in any 
place, or in any manner, otherwise than is allowed by the com- 
mittee, or shall find such fish wiih 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 ac- 
cordingly, unless such person or persons can make it appear 
on trial, that they came by the said fi?h in some other way. 

Sect. 5. Be it fitrthcr enacted, That if any vessel, boat, or 
craft, shall be found within the limits of any of the rivers, 
streams, ponds or coves, with any more of said fish than shall 
be permitted by the committee aforesaid, 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, in order that the same may be attached or 



1814. Chap. 134—137. 59 

ari'ested by due process of law, and made answerable for said 

fines and forfeitures, with cost of suit: Provided honievcr^ That Pioviso. 

as soon as the owner or master of said vessel, boat, or craft, 

shall pay such fines and forfeitures to the treasurer of said town, 

if he shall pay the same before being sued, such vessel, boat, 

or craft, shall be discharged with the effects therein. 

Sect. 6. Be it further enacted. That all the forfeitures in- Forfeitures in- 
curred by virtue of this Act, shall be to the use of the said cuned. 
town of Yarmouth, to be recovered by an action on the case, 
in any court proper to try the same, to be brought by the trea- 
surer thereof. [Feb. 27, 1815.] 

An Act for altering the name of The Village Cotton Wool and Linen Maniifac- Chap, 135. 
turing Company. 1812 ch. 5. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That, 
from and after the passing of this Act, the Village Cotton Wool panT ^altered!' 
and Linen Manufacturing Company, in Dudley, in the county 
of Worcester, shall be allowed to take the name of The Vil- 
lage Factory; and by that name shall hereafter be called and 
known, shall sue and be surd, any thing in their act of incor- 
poration, to the contrary notwithstanding. [Feb. 27, 1815.] 

An Act to regulate the Shad and Alewive Fishery within the Town of Billerica. Chap. 137. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the same, 
That it shall and may be lawful for the inhabitants of the town May appoint a 
of Billerica, at a legal town meeting in the month of March or committee. 
April, annually, to choose a committee of three or more dis- 
creet persons, to sell or 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 repugnant 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 ap- 
propriated to such uses and purposes as said inhabitants shall, 
in legal town meeting, from time to time determine. 

Sect. 2. Be it further enacted. That if the purchaser or pur- Penalty for not 
chasers of said ri^t, or any person by them employed, shall conforming to 
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 said purchaser or purcha- 
sers, or those by them employed, shall take any of said fish in 
said river, within the limits of said town, every person so offend- 
ing, or who shall be aiding or abetting therein, shall for every 
offence forfeit and pay a sum not exceeding thirteen dollars, 
nor less than seven dollars, to be recovered by action of debt 
before any justice of the peace within the county of Middle- 
sex ; one moiety to him who shall sue for the same, and the 
other moiety to the use of the said town of Billerica. 

Sect. 3. Be it further enacted, That said committee shall power. 
have power to determine and establish the price, which said 



oo 



1814. 



Chap. 137—139. 



Chap. 138. 



Persons incoi- 
}iorate('. 



purchaser or purchasers shall have a right to demand and re- 
ceive for said fish ; and if anj^ such purchaser, 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 commitlec, every person so ofl'cnding 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 as 
Proviso. aforesaid: Provided nevertheless, That nothing in this Act con- 

tained shall be construed to lake away or impair the authority 
of any fish wardens, or any other persons, derived from any 
existing laws for regulating the taking of fish in said river, ex- 
cept so far as it relates to the appropriation of forfeitures, for 
offences mentioned in the second section of this Act. [Feb. 28, 
'1815.] See 1820 ch. 70. 

An Act to esiablisliMie Dean Cotton INIanufactuiing Company. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same, 
That Robert Dean. ^Villiam Strobridge, Jesse Hartshorn. Jo- 
seph Dean, jun. William Reed, and Cyrus Caswell, with such 
others as have associated, or may associate with them, their 
successors and assigns, be, and they hereby arc made a corpo- 
ration, 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 cor- 
porations," passed on the third day of March, in the year of 
our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted, That said corporation maybe 
lawfully seized of such real estate, not exceeding the value of 
thirty thousand dollars, and possessed of such personal estate, 
not exceeding the value of sixty thousand dollars, as may be 
necessary and convenient for carrying on the manufacture of 
cotton 3'-arn and cloth, in said town of Taunton. [Feb. 28, 
1815.] 

L/tiap. loJ. An Act to incoipovate the Stockbiidgc Cotton Manufacturing Compan}*. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Frederick Perry and Augustus Sherrill, together with such 
as may hereafter associate with them, their successors and as- 
signs, be, and they hereby arc 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 sub- 
ject to all the duties and requirements prescribed and contain- 
(1808 ch. 65.) ed in " An Act defining the general powers and duties of man- 
ufacturing corporations." passed on the third day of March, in 
the year of our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted. That said corporation may 



(1808 ell. 65.) 



May hold real 
and personal 
estate. 



Persons incor- 
porated. 



1814. Chap. 139—144. ^l 

lawfully hold and possess real estate, not exceeding the value May hold real 
of thh-ty thousand dollars, and personal estate, not exceeding ^"tlt^"""*^ 
sixty thousand dollars, for the purposes aforesaid. [Feb. 28, 
1815.] 

An Act to establish a Ministeiial Fund, in the town of East Sudbury. Chctp, 144. 

Sect. 1 . BE it eruicted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the selectmen of the town of East Sudbury for the time 
being, and the deacons of the church for the time being, in the 
said town of East Sudbury, be, and they are hereby appointed 
and incorporated as trustees, by the name of the trustees of the Trustees incor>- 
East Sudbury Ministerial Fund ; and by that name they and P'^'^^^^- 
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 ac- 
tions, 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 ne- 
cessarily belonging to the like corporations ; and the said trus- 
tees and their successors m;iy annually elect one of their num- 
ber as president, and a clerk to record the doings of said trus- 
tees, and a treasurer to receive and pay the money belonging 
to the said fund, according to the provisions of this Act, who 
shall give bond to the said trustees for the faithful performance 
of his duty, and shall be at all times responsible for the faithful 
application of the monies which may come into his hands con- 
formably to the true intent and meaning of this Act, and for all 
neglect or misconduct in his office. 

Sect. 2. Be it further enacted, That the said trustees be, and a,„u„,.-,„ ^„;i 
1 111-11 1 11 1 Autnonty ana 

they are hereby authorized and empowered to sell and convey power. 

the several lots of land, belonging to the town of East Sudbury, 
which have been and are appropriated to the support of the 
ministry in said town, and the monies arising from the sale of 
the said land shall be put on interest, and shall form a fund for 
the support of the ministry in said town, which shall be under 
the care and management of the said trustees, in the manner 
provided for and directed in this Act ; and all gifts, grants, do- 
nations, bequests or legacies, which have been, or may be here- 
after made to and for the same use and purpose, shall be add- 
ed to the said accumulating fund, and shall be under the same 
care and improvement of the trustees aforesaid : and when the 
said trustees shall loan the said monies, or any part thereof, the 
same shall be secured by mortgage on real estate, to twice the 
value of the money loaned, or secured, by two or more suffi- 
cient sureties, with the principal ; and the interest, and that 
only, shall ever be appropriated for the uses aforesaid ; and it 
shall never be in the power of the said trustees to alter or alien- 
ate the appropriation of the fund aforesaid. And the said trus- Authorized to 
tees are hereby authorized to make and execute a good and make deeds, 
sufficient deed or deeds of the said several lots of land, which 
shall be subscribed by the treasurer, with their seal thereto 
affixed, and by him duly acknowledged ; and when so execut- 



aa 1814. Chap. 144—146. 

eel and delivered, shall be orood and effectunl in bw, to pass 
and to convey all tho rights of said (own in and to said real es- 
tate to the purchaser thereof. 

Sect. 3. Rp it furlher enacted^ That the said trustees, trea- 
Compensation surer, clerk, or other officrrs. or persons employed by them, 
ofofficers. shall be entitled to receive no compensation for the services 
they may perforin, out of my monies belonging to the said 
fund, but a reasonable compensation sh dl be paid them by the 
town ; and the said trustees, and each of them, shall be respon- 
sible to the town for their personal neglect or misconduct, whe- 
ther 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, sh dl be to the use and addition 
of the said fund. . And (he 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. 

Sect. 4. Be it furiher enacted. That any Justice of the Peace 
Justice to issue for the county of Middlesex, is hereby authorized, upon appli- 
warrant. cation therefor, to issue his warrant, directed to one of the trus- 
tees named in this Act, requiring him to notify and call a meet- 
ing of the said trustees, to be holden at such convenient time 
and place, as may be appointed in said warrant, to organize 
the said corporation, by the appointment of its officers. [Fe&. 
28, 1815.] 

Ghap, 145. An Act in addition to an Act, entitled " An Act to incorporate the President, Di- 
1813 eh, 193. rectors and Company of the Lynn Mechanics' Bank." 

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

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

Further time the last instalment of fifty dollars on each share of the capital 

sliowed. stock of the Lynn Mechanics' Bank, in lieu of being paid in at 

ir,"i'H^'^ li."^^ the time as by law now prescribed, may be paid in at the dis- 

1816 ch. 36. . ,. 1 *' 1 I 1 I r ■ 1 L I ■ .• -.u- 

1817 ch. 153.) cretion of the stockholders 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. \_Feb. 
28, 1815.] Further acts— 181 G ch. 36: 1817 ch. 153. 

\jh(ip> 146. An Act to establish the Union Cotton Factory Company. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives,, m General Court assembled, and hy the authority of the same^ 
Persons incor- That Roswell Merrick, Enoch Wiswall, George A. Pearse, and 
porated. Artemas Wiswall, with such others as may hereafter associate 

with them, their successors and assigns, be, and they are here- 
(Name chang- by made a corporation, by the name of the Union Cotton Fac- 
ed I820ch. 76.) tory 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 
(1808 ch, 65.) Act, entitled " An Act defining the general powers and duties 
of manufacturing corporations," passed the third day of Mirch, 
in the year of our Lord one thousand eight hundred and nine. 
Sect. 2. Be it further enacted. That the said corporation, in 
their corporate capacity, may lawfully hold and possess such 



1814. Chap. 146—151. 6^ 

real estate, not exceeding the value of seventy-five thousand May hold real 
dollars, and such personal estate, not exceeding one hundred ^5"^^"^°°*^ 
thousand dollars, as may be necessary and convenient for car- 
rying on the manufacture of cotton goods, in the said town of 
Monson. [Feb. 28, 1815.] See 1820 ch. 76 : 1821 ch. 5. 

An Act in addition to an Act, entitled " An Act to incorporate the President, Di- C/lOp. 147. 
rectors and Company of the Dedham Bank." 1813 ch. 175. 

BE it enacted by the Senate and House of Representatives, in 
General Cotirt assembled, and by the authority of the same, That 
the third and fourth instalments of twenty-five dollars on 
each share of the capital stock of the Dedham Bank, in lieu of instalments to 
being paid in at the several times, as by law now prescribed, one^yj^ar^^'" 
may respectively be paid in at the discretion of the stockhold- /pujther time 
ers of said bank, at any time within one year from the passing isisch. 80.) 
of this Act, any thing in the Act to which this Act is in addi- 
tion to the contrary notwithstanding. [Feb. 28, 1815.] Fur- 
ther act— 1815 ch. 80. 



An Act to incorporate the Cheshire Crown Glass Company. Chup. 148. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same, 
That Darius Brown, John Brown, John Leland, jun. Ambrose Persons incor- 
Kasson, and John Hunt, together with such others as may as- P°fated. 
sociate^with them, their successors and assigns, be, and they 
hereby are made a corporation by the name of the Cheshire 
Crown Glass Company, for the purpose of manufacturing 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 pow- ,, „ . 
ers and duties of manufacturing corporations," passed on the 
third day of March, in the year of our Lord one thousand eight 
hundred and nine. 

Sect. 2. Be it further enacted, That the said corporation may 

lawfully hold and possess such real estate, not exceedins; the ^^J ^°'*^ '1^ 

1 /• 1 1 1 II II > ^"° personal 

value 01 seventy thousand dollars, and such personal estate, estate^ 

not exceeding thirty thousand dollars, as may be convenient 

and necessary for the manufacture of glass as aforesaid. [Feb. 

28, 1815.] 

An Act to incorporate the Duxbu-ry South-River Manufacturing Company. Ohcip. 15l» 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the ciuthority of the same, 
That Ahira Wadsworth, Thomas Winsor, Freeman Loring, Lu- Persons incor- 
ther Phillips, Whittemore Peterson, Thomas Cushman, Dura po^'^^ed. 
Wadsworth, Isaiah Alden, Luther Peirce, Wadsworth Chand- 
ler, Daniel Chandler, David Delano, Peleg Weston, Bailey 
Hall, and Pelrg Weston, jun. together wiih 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 Duxbury South-River Manufacturing Compa- 
ny, for the purpose of manufacturing cotton and woollen goods 
(and raacliinery for (he same) at Duxbury, in the county of 
Plymouth ; and for that purpose shall have all the powers and 



H 1814. Chap. 151—154. 

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- 
(18»8 ch. 65.) tied " An Act defining the general powers and duties of manu- 
facturing corporations." 

Sect. 2. Be it further enacted^ That the said corporation may 
anYpersonar ^^ lawfully seized of such real estate, not exceeding the value 
estate. of fifty thousand dollars, and such personal estate, not exceed- 

ing one hundred thousand dollars, as may be necessary and 
convenient for establishing and can-ying on the manufactory of 
cotton and woollen goods at Duxbury aforesaid. [March 1, 
1815.] 

"Chupt 153. An Act to incorporate the Stratton Cotton Manufacturing Company. 

Sect. 1. BE it enacted by the Senate and House of RepresentU' 
tives^ in General Court assembled, and by the authority of the same, 
That George Stratton, Melatiah Everett, William Sumner, Ja- 
cob Leonard, Beriah Mann, and Elias Nason, with such others 
as may hereafter associate with them, their successors and as- 
signs, be, and they are hereby made a corporation, by 'he name 
of the Stratton Cotton Manufacturing Company, for the pur- 
pose of manufacturing cotton yarn and cloth, in the town of 
Foxborou'^h, in the county of Norfolk ; and for the purpose 
aforesaid, shall have all the powers and privileges, and be sub- 
ject to all the duties, requirements and liabilities, contained in 

,,onn V. ^r\ ^n Act, entitled " An Act defining the general powers and du- 

(1808 ch. 65.) . r r . • • 11 ^ 1 I •!.• J 1 i- 

ties oi manutacturmg corporations," passed on the third day oi 

March, in the year of our Lord one thousand eight hundred 

and nine. 

Sect. 2. Be it further enacted, That said corporation may be 

rl!i^„^!c„.,Ii^ lawfully seized and possessed of such real estate, not exceed- 
and personal . J r i • i i i n i i . 

estate. mg the value oi thirty thousand dollars, and such personal es- 

tate, 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. \_J\Iarch 1, 181 5."} 

Chap* 154. An Act to incoiporate the Phillipston Cotton and Woollen ftlanufacturing ('>om- 

pany. 

Sect. 1 . BE if enacted by the Senate ayid House of RepresentO' 
lives, in General Court assernbled, and by the authority of the same^ 
p . _ That Ignatius Goulding, Joseph Goulding, and Simon Bancroft, 

porated. with such Others as may hereafter associate with them, their 

successors and assigns, be, and they are hereby made a corpo- 
ration, by the name of the Phillipston Cotton and Woollen 
Manufacturing Company, for the purpose of manufacturing cot- 
ton and woollen yarn and cloth in the town of Phillipston ; and 
for this purpose said corporation shall have all the powers and 
privileges, and be subject to all the duties and requirements, 
(1808 ch. 65.) prescribed and 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. 

Sect. 2. Be it further enacted, That the said corporation may 
lawfully hold and possess such real estate, not exceeding the 



ia]4. Chap. 154—160. 65 

value of twenty thousand dollars, and such personal estate, not May hold real 
exceeding twenty thousand dollars, as may be necessary and ^"(^1^0!'^°"^' 
convenient for carrying on the manufactures aforesaid. IMarch 
1, 1815.J 

An Act in addition to an Act, entitled " An Act to establish the Bluehill Turnpike Chap. 158. 
Corporation." 1803 ch. 130. 

Sect. 1 . BE it enacted by the Senale and House of Represenla- ^^- ^' P* ^^^0 
lives, ill General Court assembled, and by the authority of the same, 
That the Bluehill Turnpike Corporation shall and may lawful- May hold real 
ly hold and possess real estate, not exceeding in value ten thou- 
sand dollars. 

Sect. 2. Be it further enacted. That if any person shall travel Penalties. 
on the road of said corporation, and turn off the same when 
coming near the toll gate thereon, with a design to avoid pay- 
ing toll, and then come on to said road again, notwithstanding 
it may have been where the turnpike was made on the old 
road, shall be liable to all the penalties provided in the Act es- 
tablishing said corporation, for refusing or avoiding the payment 
of tolls : Provided, any part of said travelling be on that part Proviso, 
of the turnpike not made on the old road. [March I, 1815.] 

An Act in addition to an Act, entitled " An Act to incorporate William Bartlet ^Mp. IbU. 
and others into a company, by the name of the Merrimack Insurance Compa- 1313 ch. 82. 

ny." 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the Act, entitled " An Act to incorporate William Bartlet . 
and others into a company, by the name of the Merrimack In- 
surance Company," be, and the same is hereby revived, and Act revived. 
the provisions thereof established and confirmed, unto the said 
William Bartlet and others, vvho are or shall become stock- 
holders in said company, notwithstanding the failure of a com- 
pliance on the part of said company, with the terms of said 
Act : Provided, thati»nothing herein contained shall be construed 
to affect the liability or rights of said company, or the rights of 
any person or persons who may have been injured, by the 
failure of said company to comply with the terms of said Act. 

Sect. 2. Be it further enacted. That the capital stock of said 
company, amounting to one hundred thousand dollars, shall all Payment of 
be paid in, within one year from the passing of this Act, viz. •=^P'^^'- 
twenty-five per cent, thereof on or before the tenth day of April 
next, and the residue at such times within the year aforesaid, 
and in such instalments as said company shall direct. 

Sect. 3. Be it further enacted. That William Bartlet, Nicho- Authorized to 
las Pike and Jeremiah Nelson, or any two of them, are hereby '^^^^ meeting. 
authorized to call a meeting of the members of said corporation 
as soon as may be, in Newburyport, for the purpose of electing 
a board of directors, to continue in office until the next annual 
meeting, by giving such notice as is required by the third sec- 
tion of the Act to which this is in addition. [March 1, 1815.] 
Further act— -1814 ch. 177. 

VOL. V. 9 



66 1814. Chap. 162—164. 

Chao 162 ■^" '^^^ *° regulate the Shad and Ale'vvive Fishery in the town of Brighton. 

Sect. 1. BE it enacted by ike Senate and House, of Representa- 
tives in General Court assembled, and by the authority of the same, 
Ma sell the That, from and after the passing this Act, it shall be lawful for 
fishery. the inhabitants of the town of Brighton, by their agents, to sell 

the right and regulate the places and manner of taking the fish 
called shad and alewives, within the limits of said town, sub- 
ject in all things to an Act passed on the twenty-eighth day of 
February, one thousand eight hundred, entitled " An Act to 
prevent the destruction of the fish called alewives and shad, in 
Charles rivec" And the inhabitants of said town, at their an- 
nual meetings in March or April, are hereby authorized and 
empowered to appoint agents, whose duty it shall be to carry 
into execution the purposes of this Act. 

Sect. 2. Be it further enacted, That the agents aforesaid may, 
for and in behalf of said towjn, and to their use and benefit, sell 
the right, regulate the places and manner of taking said fish 
within the limits of said town, for one or more 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. 

Sect. 3. Be it fnrther enacted, That the said agents shall, af- 
Duty offish ter establishing such rules and regulations as they may think 
agents. necessary, and by determining by whom said fish may be ta- 

ken, cause an attested copy thereof to be posted up in some 
public place in said town ; and if an}' person or persons, other 
than those to whom said right is sold, or persons employed by 
them, shall take any of the fish called shad or alewives, within 
the 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 than shall be 
expressed in the conditions of sale, every person so offending 
taking fish con- shall severally forfeit and pay a sum not exceeding ten dollars, 
trary to law. nof less than four dollars, for each and every offence, to be re- 
covered 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. 
[March 1, 1813.] 

i^liajp* 1d4. An Act altering tlie boundary line between Hadley and Amherst. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That the 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 Hadlej'-, to the bay road, and 
continued across said road, so as to intersect the north side 
Boundary line thereof, together with all that part of the north side of said 
*''^^* road, which lies between the point of said intersection and the 

original south west corner of the town of Amherst, shall for- 
ever hereafter constitute the boundary line between the town 
of Amherst and that part of the town of Hadley which lies 
south of the north side of the said road. 

Sect. 2. Be it further enacted, That all the land lying south 
and west of the boundary, by this Act established, and hereto- 



1814. Chap. 164—167. 67 

fore comprised within the limits of Amherst, be, and hereby is Land annexed. 

annexed to Hndley, and that all the land lying east of said 

boundary, and heretofore included within the limits of Hadley, 

be, and hereby is annexed to Amherst : Provided, that nothing ?to\iso. 

herein contained shall prevent the collection of any taxes 

now due from the owners of said lands, to either of said towns. 

[March 1, 1815.] 

An Act for regulating the proceedings in suits upon Constables' Bonds in tlie town (Jjiap, 165. 
of Boston. 

' Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, nd by the authority of the same, 
That when the condition of any 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 his office, shall be broken, to the injury of any per- Bond broken, 
son, 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 
writ, and the like proceedings be had thereon to final judgment 
and execution, and the like writs of scire facias on such judg- 
ment as may be made, and had by a creditor on administration 
bonds given to any Judge of Probate : Provided hozoever, that Proviso, 
no such 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 o'f the constable, or for non- 
payment of any monies collected by the said constable in that 
capacity, or a deci-ee of a Judge of Probate, allowing a claim 
for any of the causes aforesaid, and such judgment or decree, 
or so much thereof as shall be unsatisfied, with the interest due 
th^eon, shall be the proportion of the penalty for which exe- 
cution shall be awarded : Provided however, 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 which could not heretofore be legally prosecuted 
against him. 

Sect. 2. Be it further enacted. That it shall be the duty of Duty of the 
the treasurer aforesaid to deliver an attested copy of any con- treasurer, 
stable's bond to any persons appiyins; and paying for the same; 
and such attested copy shall be received as evidence in any 
case : Provided nevertheless, that if in any suit the execution of 
the bond shall be disputed, the court may order the treasurer 
to bring tlie original bond into court. [March 1, 1815.] 

An Act in further addition to an Act, entitled ",An Act in addition to an Act, en- Chap. 167. 
titled An Art in addition to an Act, grantina; a lottery for the purpose of com- jglS ch. 176 
pleting the locks and canals at Amoskeag Falls, in the state of New-Hampshire." 

BE il enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
from £ind after the passing of this Act, all that part of the first 
section of an Act, entitled " An Act in addition to an Act, enti- ^^^i^J'^^^ '^^' 
tied An Act in addition to an Act, granting a lotterj'- for the pur- 
pose 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 



68 1814. Chap. 168—169. 

said lottery, be, and the same is hereby repealed. [March 2, 
1815.] 

C/lCfp. 168, An Act to alter and change the Names of certain persons therein mentioned. 

BE it enacted hy the Senate and House of Representatives^ in 
General Court assembled, and hy the authority of the same. That 
from and after the passing of this Act, William Andrews, 
son of Ebcnczcr T. Andrews, Esq. of Boston, in the county of 
Suffolk, shall be allowed to take the name of William Turell 
Andrews; that Theodore Baker of the same Boston, shall be 
allowed to take the name of George T. Baker ; that James 
Drew, of Boston, aforesaid, mariner, shall be allowed to take 
the name of James Clement Drew; that Shirley Erving, eldest 
son of Dr. Shirley Erving, late of said Boston, deceased, shall 
Names altered, be allowed to take the name of William Shirley Erving; that 
James Moncricff. of Boston aforesaid, late an indented appren- 
tice to William 11. H. Chcaly, of the same Boston, trader, shall 
be allowed to take the name of James Chcaly Moncriefl'; that 
Jonathan Low, of Gloucester, in the count^^ of Essex, shall be 
allowed to take the name of James Willis Low ; that Stephen 
Marston, of Ncwburyport, 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 the same county of Essex, shall be allowed to take 
the name of John Hnradan Ropes ; that John Adams, of Rox- 
bury, in the county of Norfolk, son of Nathan Adams, of Med- 
ford, in the county of Middlesex, shall be allowed to take the 
name of Edward Ilolyoke Adams ; that Howard Davis, of 
AV^estport, in the coiint}^ of Bristol, shall l)e allowed to take the 
name of John Howard Davis; that Lot Bumpus, jun. of Ware- 
ham, in the county of I'lymoulh. shall be allowed to take the 
name of Lot Bumpus Sullivan ; that Major Goodalc ^Vare. of 
Northampton, in the county of Hampshire, shall be allowed to 
take the name of Goodale Sylvester Ware ; that Elizabeth 
Hyde, of Sandisficld. in the county of Berkshire, daughter of 
Dr. Jabez Iloldcn, 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 Charles- 
town, in the county of ]Middlescx, gentleman, son of the Rev. 
Jedidiah Blorsc, D. D. of the same Charlestown, shall be al- 
lowed to take the name of Sydnc}' Edwards Morse ; that 3Iary 
Emerson Baker, of Newbur^-port, in the county of Essex, afore- 
said, single woman, shall be allowed to lake the name of Mary 
Jane Brown. 

And the several persons before named, from the time of pass- 
ing 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 ^gal names to all intents 
and purposes. [JV/arc/i 2, 1815.] • 

Unapt 169. An Act to iiuoi'])orate the Trustees of the Fund for the support of religious wor- 
ship in the Episcopal Society of St. Andrews in Hanover. 

Preamble, WHEREAS the sum of twelve hundred dollars has been 

subscribed, for the purpose of establishing a fund, for the sup- 



1«14. Chap. 169. 69 

port of religious worship in the Episcopal Society of St. An- 
drews in Ifonover: Therefore, 

Sect. 1. Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the wardens ami vestrymen of said society, for the time Trustees ap- 
being, and their successors in office, be, and hereby are ap- pointed, 
pointed trustees of the said fund, by the name of the Trustees 
of the Fund for the support of religious worship in the Episco- 
pal Society 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 corporate capacity, 
and may prosecute and defend to final judgment and execution 
by their said corporate name. 

Sect. 2. Be it further enacted, That the senior warden of May call a 
said society shall call a meeting of said Trustees on the third meeting. 
Tuesday of April next, by giving personal notice to each of 
them, seven days at least before the time of such meeting. Af- 
ter 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. 

Sect. 3. Be it further enacted, That the said Trustees, at Shall elect 
their said first meeting, and ever after annually, shall elect a Officers, 
president, clerk, and treasurer by written ballot. The clerk 
shall be sworn by the president to the faithful discharge of the 
duties of his office, and the treasurer shall give bonds to the 
acceptance of the wardens of said society. 

Sect. 4. Be it further enacted, That said Trustees shall Management 
have the sole superintendance, management, and controul of the of ^^^ ^""'^^ 
said fund, and of such other sums of 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 prudent : secondly, that the interest or net income of said 
fund shall be paid into the treasury of said societj^ for the sup- 
port of religious worship therein, unless by vote of the said so- 
ciety the same shall have been converted into principal : third- 
ly, 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 in- 
spect the same, and shall render their account, and pay any 
balances of interest or net income of said fund in their hands, 
whenever thereunto requested by said society, unless the same 
had been previously converted into principal by vote of said 
society. 

Sect. 5. Be it further enacted, That the said Trustees may May hold real 
hold personal estate, to the value of ten thousand dollars, and ^"^ personal 
real estate, to the value of ten thousand dollars, for the pur- 
poses aforesaid. 

Sect. 6. Be it further enacted. That should any loss in said Negligence of 
fund happen or accrue, in consequence of gross negligence or Trustees, 
malfeasance of said Trustees, or of either of them, the said so- 



70 



1814. 



Chap. 169—172. 



May m ke 
by-laws, kc. 



Chap. 172. 



Persons incor- 
porated. 



May hold and 
possess wharf, 
&c. 



Property di- 
vided into 
shares. 



Power to as- 
sess money. 



ciety may have and support a special action on the case against 
saifl Trustees, or either of ihom, 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 indem- 
nity for such loss. 

Sect. 7. Be it further enacted. That the said Trustees, at 
any of their meetings, duly notified, mny make any by-laws, 
rules, and regulations, not repugnant to the laws of this Com- 
monwealth : Provided, the substance of SMch by-laws, rules, and 
regulations shall h^ve been inserted in the warrant for calling 
such meeting. [March % 1815.] 

An Act to inrorporatp Ebenpzer Francis and others, by the name of The Central • 
Wharf and Wet Dock Corporation. 

Sect. 1. BE it enacted by the Senate and House of Represeri' 
iatives, in General Court assembled, and by the authority of the 
same. That Ebcnezer Francis, Uriah Cotting, Francis C. Low- 
ell, and David Hinckley, with their associates, successors and 
assigns, shall be, and hereby are constituted a body politic 
and corporate, by th^^ name of The C^entral Wharf and Wet 
Dock Corporation ; and the said corporation, by the said name, 
are hereby declared and made capable in law to sue and be 
sued, to implead and be impleaded, to have a common seal, 
and alter ;Hid renew the same at pleasure, to make rules and 
by-laws for the regulation and management of their estate, con- 
sistent with the laws of this Commonweahh, and, generally, do 
and execute whatever by law shall ap[)ertain to bo lies politic. 

Sect. 2. Be it further enacted. That the said corporation 
shall be, and hereby is declared capable to have, hold, and 
possess all the wharf, lands, and flats, situated in the town of Bos- 
ton, and bounded southerly by India-Wharf, westerly by the 
range of stores on India-street, so called, and northerly by the 
Long-Wharf; provided the lawful owners or proprietors there- 
of 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 otherwise their corporate property, 
or any part thereof, being situated within the aforesaid limits 
and boundaries, and to have, manage, and improve the same, ac- 
cording to the will and pleasure of the said corporation, to be 
expressed at any legal meeting. 

Sect. 3. Be it further enacted, That all the said coporate 
property shall be divided into four hundred shares, and the 
said corporation may, at any legal meeting, agree upon the 
form of fleeds to be given by saifl corporation to the original 
proprietors, oi the number o' shares by them respef^tivpjy held; 
which deeds shall be under the •*eal of saifl rorporafion. shall 
be signed by the president thereof, and duly acknowledged 
and recorded in the registry of de^dp, for the county of Suffolk, 
And said corporation shall have power, from time to time, upon 
each share to assess such sums of money as may be deemed 
necessary, for erecting and making wet docks, wharves and 
buildings, within the aforesaid limits, and generally for the im- 
provement and good managemen' oi said estate, agreeab'y to 
the true intent oif this act ; and to sell and dispose of the shares 



iB14. — Chap. 172. tt 

of delinquent proprietors for the payment of such assessments, 
at such lime and manner as the said corporation may deter- 
mine; and in case of such sale, a i\cei.\ or deeds dul^ executed 
and acknowledged hy 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 delin- 
quent 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 made at any Proviso, 
meeting, unless agreed to by two thirds at least, both in num- 
ber and value of those present and represented, nor unless notice 
shall have been given at least ten days previous to such meet- 
ing of the purpose of such meeting, by publishing the same in 
some one or more of the newspapers printed in Boston. 

Sect. 4. Be it further enacted, That the shares of each pro- Transfer of 
prietor, in said corporate property shall be considered in all shares, 
respects real estate; shall be transferred and conveyed in the 
usual manner by deed duly acknowledged and recorded, and 
shall be subject and liable to attachment and execution, to 
dower and descent to heirs, and to all other incidents of real 
estate ; Provided hozoever, That in case of levying an execu- Proviso* 
tion on any of said shares, the same shall not be appraised and 
set off to the creditor on such execution, but such share or 
shares shall be sold by the officer having the execution, in like 
manner, in all respects, as is by law prescribed for the sale of 
rights in equity of redeeming real estates mortgaged ; and tjie 
debtor shall have the liberty of redeeming the shares so sold, 
within one year after the conveyance thereof by the officer, 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 purchaser, his 
heirs or assigns, with the interest thereon, deducting the divi- 
dends, rents, and profits, which the purchaser, his heirs or as- 
signs may have received ; and no part of the land, wharf, or 
estate of said corporation shall ever be divided, or set off by Shall not di- 
metes and bounds on any such execution against any individual ^'^^ wharf, 
proprietor, nor on any assignment of dower, nor on any parti- 
tion or division among the heirs of any proprietor, nor on any 
suit or petition of any such proprietor. 

Sect. 5. Be it further enacted, That the said Francis and May call a 
Cotting, or either of them, may call a meeting of said corpora- meeting, 
tion, by advertising the same in any of the public newspapers 
printed in Boston, at least ten days before the time of meeting; 
and, at that or any other legal meeting, the said corf)ora- 
tion may agree on the mode of calling and warning future meet- 
ings, and may elect a president, trustees, clerk, or such other 
officers as they may judge fit for the orderly conducting their 
affairs, and the prudent management of their estate ; and >uch 
officers, at their pleasure may change or remove ; and at all 
their meetings the proprieiors present may act according to 
their interest in said property, allowing one vote to each share, 
and absent proprietors may vote by proxy authorized in writ- 
ing. [March 2, 1815.] 



72 



1814. 



Chap. 177—179. 



1813 ch. 82. 

1814 ch. 160, 



Creditors may 
prosecute com- 
pany. 



Ckap» 177. All Act in addition to an act, entitled " An Act to inrorporate William Bartlet 
^ and others into a company, by the name of Tlie MiTriinack lubiirance Com- 

pany." 

Sect. 1 . BE it enacted hy the Senate and House of Represenla- 
tives, in General Court assembled, and by the authority of the same, 
That any creditor or creditors of the Newhurypori Marine 
Insurance Company, or of the Merrim;ick Marine and Fire In- 
surance Company, may sustain nnd prosecute to final judg- 
ment, actions at law against the said companies respectively, 
any thing in the fifteenth sertion of the act, entitled " An act 
to incorporate William Bartlet and others into a Company, by 
the name of the Merrimack Insurance Company," to the con- 
trary notwithstanding. 

Sect. 2. Be it further enacted, That it shall be the duty of 
any Committee appointed, or to be appointed by either of said 
companies, pursuant to the provisions of the said fifteenth 
section of the act aforesaid, to pay and satisfy any judgment, 
which may be recovered against the company appointing such 
committee, out of any properly or elFects belonging to the 
same, which may be in the hands of such committee, at the 
time of their receiving notice of the action in which such judg- 
ment may be rendered ; and for this purpose to retain in their 
hands such property and eftects.or so much thereof as may be 
necessary therefor, from and after the time of receiving such 
notice. [March 2, 1815.] 



Duty of Com 
tnittee. 



Chap. 179. 



Preamble. 



Persons 
incorporated. 



Powers and 
privileges^ 



1789 ch. 16. 
(V.l. p. 254.) 



An Act to authorize The proprietors of a Marsh, in Rowley, to repair and main- 
tain a Dike. 

WHEREAS Thomas Mighill and others, proprietors of a 
marsh and rough meadow, lying in Rowley, known 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 mea- 
dow require management so very different that the interest of 
said proprietors cannot be promoted by their longer continuing 
one entire body corporate : Therefore, 

Sect. 1. Be it enacted by the Senate and Flouse of Representa- 
tives in General Court assembled, and by the authority of the same, 
That Enoch Tenny and others, proprietors of all that part of 
the aforesaid Cowbridge marsh, which is situated below the 
new dike, erected across the marsh of Daniel Todd, jun. and 
Caleb Todd, be, and they, with their heirs and assigns, are 
hereby incorporated for the purpose of repairing and maintain- 
uig the old dike forever ; and for this purpose shall have all 
the powers and privileges (except that of assessing taxes upon 
the proprietors of the aforesaid rough meadow) and be subject 
to all the duties and requirements prescribed and contained in 
an act, entitled "An act to enable the proprietors of a marsh 
and rough meadow lying in the town of Rowlej^ to make and 
maintain a dike for the better improving said marsh and mea- 
dow," passed on the twenty-fourth day of .June, in the year of 
our Lord one thousand seven hundred and eighty-nine. 

Sect. 2. Be it further enacted. That the proprietors of said 



iai5. Chap. 2— 3. 73 

Cowbridge dike marsh may, at any legal meeting thereof, May abate 
called for that purpose, abate so much of' any individual pro- ^^''"• 
prietor's tax or taxes, or may altogether omit taxing any such 
proprietor or proprietors, who, in the opinion of said meeting 
are not, nor will be benefited by the repairing and maintain- 
ing the said dike : Provided, two thirds of all those interested Proviso, 
therein present at any such meeting be in favour thereof, and 
not otherwise; the votes to be collected according to the inter- 
est of the said proprietors. [March 2, 1815.] 

An Act to extend the tune foi- making the Woburn Turnpike Road, and Diacut Chctp» 180, 
Bridge. 1809 ch. 119. 

BE it enacted hi/ the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That, py^.(i,gy tj,^g 
from and after the passing of this act, the further time of two allowed. 
years be, and hereby is granted to the corporation, for building 
the Dracut Bridge and VVoburn Turnpike Road, the time limit- 
ed in the act granting the said bridge and road having expir- 
ed notwithstanding. [March'2, \S\5,] Further act — 1817ch. 
154. 

An Act to amend an act, entitled "An act for regulating the collection of Taxes l^'*wp» ** 
in the town of Newburyport, and providing for thu appointment of Constables 1811 ch. 40. 
in the said town." 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That from and after the passing of this act, no person 
shall be eligible to the office of Treasurer and Collector in the 
town of Newburyport, who, at the time of such election, shall 
have more than two years tax lists in his hands unsettled. 

Sect. 2. Be it further enacted, That it shall be the duty of Duty of Col- 
any Treasurer and Collector of said town, who may not be re- ^^'^*°'^* 
elected to said office, and he is hereby authorized and empow- 
ered to complete the collection of all taxes which may have 
been committed to him, and which may remain uncollected at 
the expiration of his term of office, unless the said town, by 
their vote, shall transfer such tax lists and duty to his suc- 
cessor in said office, as is provided in an act for regulating 
the collection of taxes in the town of Newburyport, and pro- 
viding for the appointment of Constables in the said town. 
\June 13, 1815.] 

An Act to establish the Oxford Cotton Manufacturing Company. Chap* 3. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the 
sarne. That Charles Cleveland, Jacob Rich, Joseph Stone, Persons 
William P. Rider, Sylvanus Coburn, Jonathan Rice, Benjamin incorporated, 
Eddy, Samuel Waters, 2d, Israel Stone, jun. Thaddeus Hall, 
Sylvester Mclntyre, Elijah Waters, Jerah Stone, William Hall, 
and Elijah Rich, together with such others as may hereafter 
join and associate with them, their successors and assigns, be, 
and they hereby are made a Corporation, by the name of The 
Oxford Cotton Manufacturing company, for the purpose of 
manufacturing cotton yarn and cloth, in the town of Oxford, in 
the county of Worcester ; and, for that purpose, shall have all 

VOL, V. 10 



74 



1815. 



Chap. 3—7. 



(1S08 ch. 65.) 



May hold real 
anri personal 
estate. 



Chap, 5, 



the powers and privileges and be subject to all the duties and 
requirements contained in "An act defining the general powers 
and duties of Manutacturing Corporations," passed the third 
day of March, in the year of our Lord one thousand eight hun- 
dj'ed and nine. 

Sect. 2. Be it further exacted. That the said Corporation 
may lawfully hold and possess such real estate, not exceeding 
the value of thirty thousand dollars, and personal estate not 
exceeding the value of fifty thousand dollars, as may be con- 
venient and necessary for carrying on the manufacture afore- 
said. [June 13, 1815.] 



An Act to set off Simon Walkley and John Moore from the second Parish, and 
annex them to the first Parish in West Springfield. 

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

Persons set off, Simon Walklcy and John Moore, with their families, polls and 
estates, be, and they arc ln-rcby set off from the second parish 
and annexed to the first parish in West Springfield : Provided 

Proviso. nevertheless. That the said Walkley and Moore shall be holden 

to pay their proportionable parts of all taxes which are already 
assessed upon the polls or estates of the inhabitants of the said 
second parish, in like manner as though this act had not been 
made. [June 13, 1815.] 



Chap, 6. 



May reduce 
capital stock. 



Proviso. 



Chap. 7. 



Sum to be rai- 
sed. 



May publish 
scheme. 



An Act to authori/.e the Gloucester iSIaiine Insurance Company to reduce its 

capital stocl . 

BE it enacted by the Senate and House of Representatives^ 
in General Court assernblcd, and by the authority of the same^ 
That the Gloucester Marine Insurance Company be, and they 
hereby are authorized to reduce the capital stock of the said 
Corporation to fifty thousand dollars, and that the division 
which has been made among the Stockholders therein of the 
capital stock, exceeding said sum, be, and hereby is author- 
ized and confirmed : Provided hoioever. That no contracts vvhat- 
ever, heretofore made by said Corporation, shall be in any 
manner affected or impaired by said reduction and division; 
And provided also. That said Corporation shall never take any 
sum upon any one risk, exceeding ten per centum on the 
amount of the capital so reduced. [June 13, 1815.] 

An Act authorizing a Lottery for the purpose of rebuildin;; Springfield Bridge. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That the sum of twenty thousand dollars be raised by 
Lottery, for the purpose of rebuilding the Bridgje over Cormecti- 
cut River, between Springfield, and West Springfield, and that 
the President, Directors and Company of said Bridge, be, and 
they hereby are authorized and empowered to appoint Man- 
agers of said Lottery, whose business it shall be, from time to 
time, to make and publish such scheme or schemes as shall, 
in their opinion, best promote the purposes of said Lottery, 
and to draw said lottery, and to transact all other business 
pertaining thereto. 

Sect. 3. j^e it further enaeted. That the Managers appoint- 



181 r,. Chak 7—11. 75 

ed as aforesaid, before they enter on the duties of their said Managers 
office, shall give separate bonds, with suilicicnt sureties, to the p^^fajfi'^onj; 
Proprietors of said Bridge, each one in his proportionable sum to Fiopiietors. 
of twenty thousand dollars, and each one to be answerable 
for his own default, and be sworn for the faithful performance 
of said trust. 

Sect. 3. Be it farther enacted, That the prizes which may p^.j^^^ shall be 
be drawn in said Lottery shall be paid by the Managers in paid in thirty 
thirty days next after the drawing of each class of said Lotte- ''^y^- 
ry shall be completed; those prizes not demanded within one 
year after the publication of the drawing said Lottery, shall 
not be recoverable ; and the managers shall, from time to time, as 
the classes shall be drawn, pay to the Treasurer for the time 
being of said Proprietors, the net proceeds thereof, after de- 
ducting the compensation that the said Proprietors shall allow 
them for their services, which net proceeds shall be faithfully 
applied for the purpose of rebuilding said Bridge; and the 
Proprietors of said Bridge shall give bond with sufficient sure- shaiulve'^bond 
ties, in such sum as his Excellency the Governor, with advice tothe^Com- 
of Council, shall direct to this Commonwealth ; conditioned, monweaith. 
that the net proceeds of said Lottery shall be faithfully appli- 
ed for the purpose of rebuilding said Bridge ; and also that 
the said Bridge shall be erected and completed within the 
term of three years, from and after the passing of this act. 

Sect. 4. Be it further enacted, That said Managers shall 
publish the scheme or schemes of said Lottery in one or more ^'^.^'^ publish 
of the public newspapers printed in this Commonwealth, the 
time and place of drawing the same, and also lists of all prizes 
which may be drawn therein. They shall also, after the 
business of said Lottery is completed, lay an account of their 
doings therein, with the amount of tickets sold in each class, 
the expense and net proceeds thereof before the Governor and 
Council, for their examination and approbation ; and they 
shall be severally holden by their said bonds until their said 
accounts shall be so examined and approved. 

Sect. 5. Be it further enacted, That said Managers shall re- Shall refund 
fund all monies by them severally received for tickets, pro- "i""'^^- 
vided any class in said Lottery shall not be drawn within six 
months next after the time appointed and advertised for that 
purpose. 

Sect. 6. Be it further enacted, That this act shall continue How long to 
in force for the term of four years, from and after the passing continue in 
of the same, and no longer. [Jwic 13, 1815.] Add Act — 1818 ^°'"' 
ch. 107. 

An Act to incorporate certain persons by the name of the Western Cotton Manu- Chap* 11. 
factory. ■* 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Jeduthan Fuller, Joseph Studly, George Hodges, 
John Clark, Rufus Fuller, Charles Keith, Elijah Copeland, pome"d.'"""' 
and Luther Copeland, with such 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 Western Cotton Manufactory, for the purpose of manu- 



.: K 



1815. 



Chap. 11—12. 



facturing cotton goods within the town of Western ; 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 
(1808 ch. 65.) thousand eight hundred and nine, entitled, " An act defining 
the general powers and duties of Manufacturing Corpora- 
tions." 

Sect. 2. Be it further enacted. That the said Corporation 
may be lawfully seized and possessed of such real estate, not 
exceeding twenty thousand dollars, and such personal estate, 
not exceeding one hundred thousand dollars in value, as may 
be necessary and convenient for the carrying on the manufac- 
turing of cotton goods. \June 14, 1816.] 



May hold ipal 
and personal 
estate. 



Chap. 12. 



Persons incor- 
porated. 



Manner of be 
coming a mem' 
ber, 



Proviso. 



An Act to incorporate Trinity Churrli, in the town of Bridgewater. 

Sect. 1 . BE it enacted by the Semite and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Zadock Packard, Libcus Edson, John Edson, Benjamin 
Clark, Henry Munroc, Francis Perkins, Elcazer Carver, Nath- 
aniel Carver, Benjamin Edson, Allen Edson, Theodore Ed- 
son, Ephraim Sprague, Daniel llartwell, Asa Perkins, John 
W. Keen, Benjamin Edson, jun. Simeon Taylor, Pardon Pack- 
ard, Jireh Swift, Jonathan Ames, John Gardner, James Alger, 
3d, John S. Littleficld, John Curds, Samuel Littlcfield. Charles 
Liltlcfield, Seth Keith, Timothy Hayward, Holder Packard, 
Luther Thomas, Ptucl Swift, and Shepard Keith of Bridgewa- 
ter, in the county of Plymouth, with their families, polls, and 
estates, together with such others as have, or may hereafter as- 
sociate with them, and their successors, be, and they hereby 
are incorporated and established as a Religious Society of the 
Protestant Episcopal Church, by the name of Trinity Church, 
in said town of Bridgewater, with all the powers, privileges, 
and immunities common to other parishes, or religious socie- 
ties, and conformable to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted, That an}^ person, who may 
■ desire to become a member of said Episcopal church or socie- 
ty, and shall enter his or her name with the Wardens and 
Vestry, or Clerk of said society, shall be deemed, taken, and 
entitled, and they, with their polls and estates, shall be liable 
in all lawful taxes and assessments, as members of said Epis- 
copal society and parish ; and the members of said Episcopal 
parish shall be, and they, with their polls and estates, hereb}^ 
arc exempted from all other taxes and assessments for the 
support of public worship, in the town or parish where they 
may respectively reside; Provided, That persons hereafter be- 
coming members, shall give notice thereof in writing, to the 
Assessor or Clerk of the parish or town, where they reside ; 
and until such notice, shall not be entitled to the exemption 
pforesaid ; And provided, That persons withdrawing from the 
said Episcopal Society, who shall give notice thereof in wTiting 
to the Wardens and Vestry or Clerk for the time being, shall 
W. no lonsrer liable in anv taxes or assessments afterwards 



1815. Chap. 12. 77 

granted and voted therein ; and they with their estates, shall 
again become hable and holden in all other taxes and duties, 
for the support ul public worship, in the parish or town where 
they ina^ respectively reside, and as other inhabitants who 
are not entitled to any special exemption. 

Sect. 3. Be it further enacted^ That the annual meeting of 
said Episcopal Society or Parish, shall be holden on Easter Time of hold- 
Monday, in every year, at Trinity Church, in Bridgewater, '"S meeting, 
and at such annual meeting, or at an adjournment thereof, 
the members of said Parish shall choose by ballot their War- 
dens, Vestry, Clerk and Treasurer, and any other officer or 
officers, for the management of the affairs of said Corporation, 
and levy taxes and assessments, for the support of said Parish; 
and pass all such by-laws and rules as shall be deemed nc- ^* ^^''^' 
cessary for the well governing the said Parish, not incompatible 
with the laws and constitution of this Commonwealth. 

Sect. 4. Be it further enacted, That the Wardens and 
Vestry of said Tj-irfity Church, Society, or Parish for the 
lime being, shall be, and are hereby made capable to take ^^^y ^^°^^ ""^^^ 
and hold, by gift, grant or purchase, any real or personal es- estate. 
tate, and to manage and improve the same : and for that pur- 
pose shall have a common seal, to be established, altered, and 
renewed, at their pleasure ; Provided, That the annual income Proviso. 
of the real estate holden by them, shall not exceed the sum of 
five thousand dollars. 

Sect. 5. Be it further eacnted. That the Wardens and Ves- Wardens, &c. 

c • \ r\^ I 1 II 1 1 . • 1 I to receive anri 

try 01 said Church shall be empowered to receive and apply ^ppiy income 
the income of a certain lot of land, situated in Bridgewater, of land, 
which was given by the late Samuel Edson, for the support of 
an Orthodox Clergyman of the Protestant Episcopal Church, 
and which estate is now vested in the Board of Trustees of 
Donations to the Protestant Episcopal Church : Provided, horv- proviso, 
ever, that the Corporation hereby established shall improve 
and occupy the said estate conformably to the will of the do- 
nor, and reserving to the said Board of Trustees of donations 
any right or rights, which they have to the management of 
said estate, either by law or contract. 

Sect. G. Be it further enacted, That all gifts, grants, do- 
nations or legacies of money, or other personal estate, which 
are or shall hereafter be made to said Corporation, to or for 
the benefit of said Church, Society or Parish, shall be funded, 
unless otherwise directed by the donor or donors, and the annual 
interest or income thereof, shall be applied to the support of an 
Orthodox Clergyman of the Episcopal Church, who shall be ^"Pi'"''' °i!,^" 

11 1 "^ n- 1 r I • T>w T .1 1^ • . Orthodox Clcr- 

approved by the Bishop ot this Diocese ; or, it the h.piscopate gyman. 
be vacant, by the standing committee of the Protestant Epis- 
copal Church in this Diocese. 

Sect. 7. Be it further enacted, That the officers of said So- officers shall 
ciety. Parish or Corporation, shall not be entitled to, or re- not receive 
ceive any compensation, (the Clergyman excepted) for any compensation^ 
services, out of any monies arising from the funds of the said 
Corporation. 

Sect. 8. Be it further enacted. That the said Corporation or 



7» 



1815. 



Chap. 12—16. 



May sue or be 
sued. 



Chap. 14. 



Persons incor- 
porated. 



May use seal. 



Chap. 16. 



Persons incor- 
porated. 



Parish shall he liable to sue or be sued, plead or be implead- 
ed before the Supreme Judicial Court, at the suit of proper 
parties, and complaints by bill in e(^uity, and according to 
the course of proceedings in Courts of Law, having: jurisdic- 
tion in matters of trust and donations for pious and chari'able 
purposes ; and the Justices of the s;ud Court shall have authority 
thereupon to enforce the faithful performances, specially or 
otherwise, as the case may require, of all trusts and appropri- 
ations limited and appointed upon any donation of lands, mo- 
ney, and other estate, real and personal, which shall be law- 
fully vested in the said Corporation or Parish ; and to inquire 
into the disposition and management thereof; and by injunc- 
tion, sequestration or otherwise to be granted and awarded by 
the said Court, such remedies and relief in the premises shall 
be afforded as to law and justice shall appertain; and Allen 
Edson is hereby authorized to fix the time and place for the 
fir>t meeting of the said Corporation and Parish, of which he 
shall give due notice to each member* tfcereof. [June 14, 
1815.] 

All Act to inrorporate the Pastor, Deacons, and Elders of The First Presbyterian 
Church, in Nfwburyport. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
s^ime, That the Pastor, Deacons, and Elders of the First Pres- 
byterian Church, in Newbnryport, and their successors in office, 
be, and they hereby are incorporated and made a body politic 
and corporate, by the name of the Pastor, Deacons, and Elders 
of the First Presbyterian Church, in Newburyport. 

Sect. 2. Be it further enacted, That said Pastor, Deacons, 
and Elders may have and use a common seal, and the same 
may break, alter, and renew at pleasure ; shall be capable of 
suing or being sued, in any actions, real, personal, and mixed, 
in any court proper to try :he same; shall and may take and 
hold in fee simple, or otherwise, by gift, grant, or devise, any 
estate, real or personal, the aggregate annual income of which 
shall not exceed two thousand dollars, and may sell and dis- 
pose thereof at pleasure. [Jitne 14, 1815.] 

An Act incorporating John Sylvester John Gardiner, and others, into a Society, 

for religious piu])os s. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That John Sylvester John Gardiner, David Cobb, Asa 
Eaton, Samuel Dunn, Thomas L. Winthrop, Joseph Head, Jo- 
seph Foster, Charles Williams, James C. Merrill, John Dixwell, 
Lynde Walter, Charles W. Green, and Shubael Bell, their as- 
sociates and successors, be, and they hereby are incorporated 
and made a body politic, by the name of The Massachusetts 
Episcopal Missionary Society, and Trustees of the Massachu- 
setts Episcopal Prayer Book and Tract Society ; and by that 
name shall be known in law, and shall be capable of suing and 
being sued, of having, and altering at pleasure, a common seal, 
of making lay-laws for the choice and election of members and 



1815. Chap. 16—19. 7» 

officers, and regulating the affairs and disposing of the funds of 
said society, and the property, real and personal, of said socie- 
ty, to pious, charitable and religious Uses, and the same by-laws 
to alter and amend at pleasure; Provided said by-laws are not Proviso, 
repugnant to the constitution and laws of this Commonwealth. 
Sect. 2. Be it further enacted^ That said corporation shall 
have power, and shall be capable in law, to purchase, take, May hold real 
hold and receive by grant, devise, bequest or otherwise, any ^"^^te!"""*^ 
personal or real estate, that has been, or shall be given, grant- 
ed or conveyed to said society, corporation or trustees, for the 
purpose of supporting Missionary Preachers or ministers or 
teachers of the Protestant Episcopal Churches in America, or 
for the purpose of distributing bibles, common prayer books, 
and other religious tracts among the people of this country; 
Provided however, That the clear yearly income of all such real Proviso. 
and personal estate, possessed and held, or to be possessed and 
held by said corporation, shall never exceed the sum of ten 
thousand dollars ; and provided tt/so, that said income shall al- 
ways be applied by said corporation to the pious, charitable 
and religious uses aforesaid. 

Sect. 3. Be it further enacted. That the Reverend John .. ,, „ , 
„, T1/-.1- I'l-i 1 iiL I- May call hrsi 

bylvester John bardiner, named in this Act, be, and he hereby meeting. 

is authorized to call the first meeting of said corporation, by 

giving notice of the time and place thereof, in the Columbian 

Centinel, printed in Boston, seven days before the time of such 

meeting. [June 14, 1815.] 

An Act to establish The Petersham Cotton Factory. C/lOD. 17» 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the 
same. That Asahel Stowell, Levi Houghton, Joseph Gallond, 
Israel Houghton of Petersham, Nathaniel Loring of Barre, and Persons mcor- 
Samuel B. Bent, of Rutland, all in the county of Worcester, 
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 Petersham Cot- 
ton Factory, for the purpose of manufacturing cotton yarn and 
cloth in the town of Petersham, in the county of Worcester ; 
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 on the third day of March, in the year of our 
Lord one thousand eight hundred and nine, entitled, "An Act (isoSch. 65.) 
defining the general powers and duties of Manufacturing Cor- 
porations." 

Sect. 2. Be it further eyiacted, That the said corporation 
may be lawfully seized and possessed of such real estate, not ^ ^^^^ ^.^^j 
exceeding the value of fifteen thousand dollars, and such per- and personal 
sonal estate, not exceeding the value of twenty thousand dol- estate. 
lars, as may be necessary and convenient for carrying on the 
manufactory aforesaid. [June 15, 1815.] 

An Act to incorporate The Middleborough Manufacturing Company. Chap* 1 9. 

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



80 



1815. 



Chap. 19—22. 



Persons incor 
porated. 



same^ That Benjamin Shepherd, jun. Thomas Weston, Horatio 
G. Wood, Nancy Nelson, Sarah W. Shepard, and Alanson 
Witherbee. with their associates, and such others, as may here- 
after associate vvuh them, their successors and assigns, be, and 
they hereby are made a corporation, by the name and style of 
The Middleborough Manufacturing Company, for the purpose 
of manufacturing cotton yarn and cloth in the town of Middle- 
borough ; and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and requirements 
contained in Act passed the third day of March, in the year 
of our Lord one thousand eight hundred and nine, entitled, 
(1808ch.65.) "An Act defining the general powers and duties of Manufac- 
turing Corporations." 

Sect. 2. Be it further enacted, That said corporation may 
lawfully hold and possess such real estate as they are now, or 
may hereafter be seized of, not exceeding fifty thousand dol- 
lars, and personal estate not exceeding one hundred thousand 
dollars, as may be necessary and convenient for carrying on 
the manufactui-e of cotton yarn and cloth as aforesaid. {June 
15, 1815.] 

An Act in addition to an Act, entiUed, "An Act .establishing a corporation, by 
the name of The Fifth Massachusetts Tiirnpiite Corporation," 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aulhorify of the same, 
That the Fifth Massachusetts Turnpike Corporation be, and 
they are hereby authorized to alter the road in the town of 
Athol, so as to leave the present Turnpike road a little south 
of the Cotton Factory ; then westerly by Simeon Fisher, across 
Miller's river, below its confluence with Tully river; then up 
said Tully river, till it reunites with the North field branch. 

Sect. 2. Be it further enacted, That said corporation are 
hereby authorized to make any such alterations upon either 
the Northfield or Greenfield branches of said road, as shall fa- 
cilitate the travel by going round instead of over hills, without 
much increase or length of way. 

Sect. 3. Be it further enacted, That whenever any of the 
aforesaid alterations upon either of the branches of said road 
shall be made, and the new part thereof completed and accept- 
ed, by a committee to be appointed by the Circuit Court of 
Common Pleas, in the county in which the alteration shall be 
made, said corporation are hereby authorized to discontinue 
such parts of the present road, as such alteration shall render 
vmnecessary as a Turnpike road. [June 15, 1815.] 



May hold real 
and personal 
estate. 



Chap. 20. 

1798 ch. 85. 
(V. 2. p. 295.) 
1800 ch. 30. 
34. 43. 

(V. 2. p. 404. 
405. 414.) 

1802 ch. 66. 
(V. 3. p. 77.) 

1803 ch. 23. 
(V. 3. p. 217.) 
1810 ch. 39. 



May make al- 
terations. 



May discon- 
tinue a part of 
present road. 



Chap. 22. 



Persons incor- 
porated. 



An Act to incorporate The Lee Woollen and Cotton Factory. 
Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Samuel Porter, Willard Barnham, Isaac Ball, Richard 
Hawk, .Joseph Ball and Lemuel Bassett, with such others as 
already have or hereafter maj'^ associate with them, their suc- 
cessors and assigns, be, and hereby are made a corporation, 
by the name of The Lee Woollen and Cotton Factory for the 
purpose of manufacturing woollen and cot'on cloth and yarn, 



1815. Chap. 22—25. Si 

in the town of Lee ; and for that purpose, shall have all the 

powers and privileges, and be subject to all the duties and're- 

quirenienfs contained in an Act passed the third day of March, 

in the year of our Lord one thousand eight hundred and nine, 

entitled, "An Act defining the general powers and duties of (^^^^ ''''•^^•) 

Manufacturing Corporations." 

Sect. 2. Be il further enacted^ That said Corporation may 
be lawfully seized and possessed of such real estate, not ex- ^7 ^°]i'f ' 

1 r* r Till 1 1^ 1 3-nQ personal 

ceeding the value of fifty thousand dollars, and such personal estate, 
estate, not exceeding the value of eighty thousand dollars, as 
may be necessary and cojivenicnt for carrying on the manu- 
factory aforesaid. [Ju7ic 15, 1813.] 

An ACT in addition to the several acts for establishing the Housatonuck river, and Chap. 24. 
the Hudson Turnpike Corporations, and for repealing a part of the same. (1805 ch. 58.) 

BE it enacted by the Senate and House of Representatives, in Gen- ^jgOS ch! 49!) 
eral Court assembled, and by the authority of the same, That 
the Housatonuck Turnpike Corporation shall be, and hereby 
are, empowered to demand and receive, full toll, at their half Shall receive 

., ^ . t 1 , 1 • ] • • full toll. 

turnpike gate in Lee, under the regulations and provisions 
which are made in the act or acts, to which this is in addition. 
[June 15, 1815.] Further acts— 1816 ch. 34: 1820 ch. 5. 

An Act to incorporate the New Cornhill Corporation, in the town of Boston. ^'^ P' ' 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That John Bellows, Uriah Cotting, Ebenezer Francis, Nathan ^j;"^"^"^' '"''°'^ 
Appleton, David Greenough, and Benjamin P. Homer, with ^' ' 
their associates, successors, and assigns, shall be, and hereby 
are constituted a body politic and corporate, by the name of 
the New Cornhill Corporation, in the town of Boston, for, and 
during the term often years from the passing of this act, and 
no longer : And the said Corporation, by the said name, are 
herebj^ declared and made capable in law to sue, and be sued, 
to implead, and be impleaded, to have a common seal, to alter 
and renew the same at pleasure, to make rules and by laws for 
the regulation and management of their estate and concerns, 
consistent with the constitution and the laws of this Common- 
wealth, and generally to do and execute whatever by law shall 
appertain to bodies politic. 

Sect. 2. Be it further enacted. That the said Corporation 
shall be, and is hereby declared capable to purchase, have. May hold real 
hold and possess, in fee simple, all the estate, stores, houses, a»d persona.) 
buildings, and lots of land, lying and being betv/een Court- 
street, Hanover-street, Fanuiel Hall Market, and Cornhill, in 
the town of Boston ; Provided, The lawful owners or proprie- Proviso, 
tors thereof, legally convey the same to the said Corporation ; 
and the said Corporation shall have power to lay out, and im- 
prove the same, as they may think proper, and to grant, sell, 
and alien, in fee simple, or otherwise, their corporate property 
or any part thereof, situated within the limits aforesaid, and to 
have, manage, and improve the same, according to the will and 
pleasure of said Corporation. 

Sect. 3. Be it further enacted, That any two of the persons 

VOL. V. 11 



82 1815. Chap. 25—27. 

May call first named in the first section of this act, may call the-first meeting 
meeting. ^^ ^^^ members of said Corporation, by giving ten days previ- 

ous notice thereof, in some public newspaper, printed in Boston ^ 
and at any meeting, the said Corporation may agree upon the 
Number and number of shares, not exceeding four hundred, into which the 
shares? ° Stock and property of said Corporation shall be divided, and 

upon the form of the certificates to be given to individuals, of 
the number of shares by them respectively held, and upon the 
mode and conditions of transferring the same, Avhich shares 
shall be held and considered as personal estate ; they shall al- 
so have power to assess upon each share such sums of money 
from time to time, as may be necessary for making streets, 
erecting buildings, purchasing lands, and r^al estate, within the 
said limits, and generally for the improvement and good man- 
agement of said estate, agreeal:>ly to the true intent and mean- 
ing of this act ; and to sell and dispose of the same shares for 
default in the payment of any assessment, in any waj' and man- 
ner they may determine ; and shall also have power to regu- 
late the number of ollicers of said Corporation, and manner of 
choosing and removing the same, and to define their powers 
and duties ; and at all meetings, each person shall have a num- 
ber of votes equal to his number of shares. 

Sect. 4. Be it further enacted. That the share or shares of 
Shares liable to every individual of said Corporation, shall be liable to be at- 
be attached. tached on mcsnc process, and taken and sold on execution, in 
(1804 ch. 83.) the same way and manner as directed by an act, entitled " An 
act directing the mode of attaching on mesne process, and sel- 
ling by execution,, shares of debtors, in incorporated compa- 
nies ;" and the Clerk, or other oflicer of said Corporation, hav- 
ing custody of the books of said Corporation, shall \ipon re- 
quest, inform any officer, having any process of attachment or 
execution against any individual of said Corporation, of the 
number of shares which such individual may have therein. 
Sect. 5. Be it further enacted, That, at the expiration of 
Real estate to ^^'^ term of tcn years, all real estate then belonging to said Cor- 
be vested in poration, shall be, and the same is hereby vested in such per- 
menibers. ^ox\?> as may thcn be members thereof, and their respective heirs 

and assigns, as tenants in common, in proportion, and according 
to the number of shares they may then hold. [June 15, 1815.] 

L'hap, 27. An Act to set ofFa tract of land from the town of Freetown, and annex the same 
to the town of Faiihaven. 

BE it enacted hy the Senate and House of Represey^tativcf. in- 
General Court asscrnhlcd, and hy the authority of the same, That 
Quantity of y certain piece of land on the southeasterlv corner of the town 

land set off. -^ '., rr-.-i "ri-i- i 

01 Freetown, in the county oi bristol, a part or which is owned 

by Seth Spooner, and the residue by Paul Spooncr, being that 

part of the real estate of the late Honorable Walter Spooner, 

taH'^^J^J". Esq. deceased, which lies in the town of Freetown, be and the 

town of ran- i i • n- r i -i i ■ i i 

haven. same hercny is set oil irom the said town, and annexed to the 

town of Fairhavcu, and made a part of said town of Fairhavcn. 
[June 15, 1815.] 



1815. Chap. 30—32. \ 83 

All Act to incorporate the Ludlow Glass Manufacturing Company. Chap, 30. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
iatives in General Court assembled, arid by the authority of the 
name. That John Sikes, toti^ethei- vviih such other persons as al- Persons incor- 
readj liavc or may hereafter associate with him, their siicces- P""^^'^' • 
sors and assigns, be, and they arc hereby made a Corporation, 
by the name of The Ludlow Manui'acturing Company, for the 
purpose of manufacturing glass bottles, and all other kinds of 
glass w-are, in the town of Ludlow ; and for this purpose, shall 
have all the powers and privileges, and shall also 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 (isosch.es.) 
powers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted. That said Corporation may 
lawfully hold and possess such real estate, not exceeding the May hold real 
value of twenty thousand dollars, and such personal estate, not "'"' personal 
exceeding the value of forty thousand dollars, as may be con- 
venient for establishing and carrying on the manufacture of 
glass aforesaid. [June 15, 1815.] 

An Act to incorporate sundry persons by the name of the Patent Pin Manufactory. Chap, 31« 

Sect. 1. BE it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Elisha Pcnniman, Jeremiah Fitch, Moses L. Morse, and Persons incor- 
Thomas Darling, with such other persons as already have or P°"^^'^'^- 
hereafter may associate withthem, their successors and assigns, 
be, and they hereby arc made a Corporation, by the name of 
The Patent Pin Manufactory, for the purpose of manufacturing 
pins Vt'ith solid heads from the wire at one operation, with the 
business necessarily connected therewith ; and for such jnirpo- 
ses, shall have all the poAvers 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 Manufac- (isosch. 65.) 
taring Corporations." 

Sect. 2. Be it further enacted, That said Corporation 
may be lawfully seized and possessed of such real estate, not 
exceeding the value of twenty thousand dollars, for the use of i^tay hold real 
said Corporation, and such personal estate, not exceeding fifty e"taie!'"°"" 
thousand dollars, as may be necessary for the purpose afore- 
said. 

Sect. 3. Be it further enacted, That Elisha Penniman, Jere- 
miah Fitch, Moses L. Morse and Thomas Darling, or either 
two of them, are hereby authorised to call the first meeting of i^^ay call first 
said Corporation, by publishing the time and place of holding " ''' 
such meeting in one or more of the newspapers printed in the 
town of Boston. {June 15, 1815.] 

An Act to set off Joseph Chaplin, from the parish of Lincbrook, and annex him to Lyhap, 32. 
the first parish in Piowley. 

BE it enacted hy the Senate and House of Representatives, in 
General Court assembled, and hy the authority of the same, That 
Joseph Chaplin, with his family and estate, lying in the town Persons set off. 
of Piowley, be, and they hereby arc sQt off from the parish of 



84 1815. Chai'. 32—43. 

Linebrook, and annexed to the first parish in Rowley ; there to 
do duties and enjoy the privileges of parishioners. 

Sect. 2. Be it further enacted^ That the said Joseph Chap- 
Agreement to lin shall be holden to carry into full effect the agreement be- 
fuVe^ffecr^ '"'° tween him and the said parish of Linebrook, (as entered on the 
parish records) relative to this act. [June 15, 1815.] 

Chap, 33. An Act to alter and change the Names of certain persons therein mentioned. 

BE it enacted by the Striate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
Names altered, from and after the passing of this act, George Lewis Gushing, a 
minor, and son of the late George Augustus Gushing, of Boston, 
in the county of Suffolk, shall be allowed to take the name of 
George Augustus Gushing ; that Elisha Goddard, of the same 
Boston, merchant, shall be allowed to take the name of Francis 
Edward Goddard ; that Pliny Colburn, of South Reading, in 
the county of Middlesex, shall be allowed to take the name of 
Augustus George Pliny Colburn ; that Henry Thacher, of Bid- 
deford, in the county of York, son of the Honorable George 
Thacher, of the same Biddeford, shall be allowed to take the 
name of Henry Savage Thacher; that Asa Prabody. of Boston 
aforesaid, Esquire, shall be allowed to take the name of Au- 
gustus Peabody : — 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 afid assume as aforesaid ; and the said names shall forever 
hereafter be considered as their only proper and legal names, 
to all intents and purposes. [June 15, 1815.] 

ChaO- 42. -^" ^^"^ ^^ •"SP"'*'' *" ■^''■h entitted, " An Act yetting off Snmuel Sparhawk of Cam- 
._q .' ," jq bridge, in the county of Middlesex, from the South Parish in Cambridgo, and an- 

^V -? ' li "\ iiexing him and his estate to the first parish in said town." 

BE it enacted by the Senate ayid House of Representatives, in 
General Court assembled, and by the authority of the same. That 
an act passed the twenty-seventh d^y of February, one thou- 
sand seven hundred and ninety-five, entitled, " An Act setting 
oft" Samuel Sparhawk of Cambridge, in the county of Middle- 
sex, from the South parish in Cambridge, and annexing him 
and his estate to the first parish in said town," be, and the same 
is hereby repealed; and the said estate lately in possession of 
the said Samuel Sparhawk, deceased, be, and hereby is re- 
annexed to the said town, and parish in Brighton. [Jan. 27, 
1816.] 

Chap, 43' -^n Act for the regulation of the Fishery, in the town of Maiden. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That if any person or persons shall take or catch any Shad or 
Alewives in any river, stream or pond, within the limits of 4he 
town of Maiden, in the county of ?»Iiddlesex, excepting as here- 
inafter by this act is provided, each person so ofiending shall 
Tcnaity for forfeit and pay a sum, not exceeding twenty dollars, nor less 

taking hsh. ,, . j ii f i a- ^, "^ i • 

" than ten dollars tor each otience, to be recovered ni an action 

of debt, before any court proper to try the same, in the county 
of Middlesex, one half thereof to the use of him or them who 



1815. Chap. 43—54. 85 

shall sue for the same, and the other half to the use of the said 
town of Maiden. 

Sect. 2. Be it further enacted, That from and after the pas- Time of taking 
sing of this act, it shall be lawful for any and all the inhabi- fish. 
lants of the said town of Maiden, to catch Shad and Aiev ives 
within the limits of the said town, on every Monday, Wednes- 
day and Friday, from sunrising on each of the said days, to 
sunrising on the next succeeding day in each week, from the 
first day of March, to the tenth day of June, annually, at such 
place or places only as shall have been previously determined 
by the said town. [Jan. 27, 1816.] 

An Act to incorporate The Douglas Cotton Manufacturing Company. Chcfp. Aim 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the same, 
That Ezekiel Preston, Richard Olney, Welcome Whipple, and Persons incor- 
others doing business under the name and firm of the Douglas porated. 
Cotton Manufacturing Company, and such others as may hereaf- 
ter associate with them, their successors and assigns, be, and 
they hereby are made a corporation, by the name of the Doug- 
las Cotton Manufacturing Company, for the purpose of manu- 
facturing cotton yarn and cloth in the town of Douglas, in the 
county of Worcester, and for the purposes aforesaid 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 (^803 eh. 65.) 
powers and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted, I'hat said Corporation may 
be lawfully seized and possessed of such real estate, not ex- May hold real 
ceeding the value of one hundred thousand dollars, and such gstat^r^"" 
personal estate, not exceeding the value of one hundred thou- 
sand dollars, as may be necessary and convenient for carrying 
on the manufacture aforesaid. [fe6. 1, 1816.] 

An Act for the regulation of the Fishery in Woburn. Chap» 54. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That the act passed on the sixteenth day of FelDruary, 
in the year of our Lord one thousand seven hundred and eigh- 
ty-nine, entitled, " An Act to prevent the desti'uction of the fish /y^ i.p. ss's.) 
called shad and alewives, in Mystick river, so called, within the 
towns of Cambridge, Charlestown and Medford, and for re- 
pealing all laws heretofore made for that purpose,"' shall ex- 
tend to the town of Woburn, in the county of Middlesex, and 
to all the streams running from any of the ponds, or other wa- Extension of 
ters there into Mystick pond, or Spy pond, so called, in the fish act. 
same manner to all intents and purposes, that it would have 
extended, in case the said town of Woburn and the streams 
aforesaid had been mentioned and contained in the said act ; 
and that it shall be lawful for any or all the inhabitants of the 
said town of Woburn to take shad and alewives within the 
limits of that town, on all such days and times as in and by 



^'*> ■ 1815. Chap. 54. 

the act aforesaid, are allowed for the inhabitants for the towns 
of Charlestown and Medford, respectively, to take said fish, 
and on no other. 

Sect. 2. Bt it ftirthcr tnacted^ That the owner or occupant 

of any dam already built, or which may hereafter be buill, in 

or upon any of the streams aforesaid, shall make and maintain 

a convenient passage way for shad and alewives to pass by, 

Passage for fish through, orover such dam, and keep the same constantly open 

ep open. ^^^ ^^^^ ^^^^ ^^j^ ^_^j^ ^^ ^^^^ ^^p ^^^j down therein, from the 

fifteenth day of April to the fifteenth day of July, annually : 
and if the owner or occupant of any such dam shall refuse or 
neglect to make and build such passage way, when thereto re- 
quested by a majority of the Committee for the preservation of 
fish in either of the said towns of Charlestown, Medford or 
Woburn, or shall neglect or refuse to open the same on the said 
fifteenth day of April annually, or after the same shall have 
been so opened, shall shut, or obstruct, or permit or suffer the 
same to be shut or obstructed within the term aforesaid, he 
shall forfeit and pay for each and every such neglect or offence 
Penalty. ^^^ ^^^^ ^^ twenty dollars. 

Sect. 3. Be it further enacted^ That from and after the pass- 
Choice of ing of this act, the several Committees for the preservation of 
Committees, fish, to be annually chosen in the said towns of Woburn, 
Charlestown and Medford, respectively, shall be chosen by 
ballot, and shall consist of three freeholders, who shall not 
be interested in any such dam as aforesaid ; and any person 
who shall be duly chosen a member of either of said Commit- 
tees, and shall refuse or neglect to qualify himself, by taking 
the oath required by law, within seven days next after he shall 
have been duly notified of such choice, shall forfeit and pay 
the sum of twenty dollars to the use of the town in which he 
shall have been so chosen, to be recovered by the Treasurer 
thereof, in an action of debt, before any Court proper to try 
the same, in the count}'^ of Middlesex ; and the said town shall 
proceed to a new choice ; and so, totics qnoties : And it shall be 
the duty of each and every member of any such Committee to 
see that the passage ways aforesaid are made convenient for 
Commhae. ^^^^ ^^^^ ^^ V^^^ "P ^"^ down therein, and that they are kept 
constantly open at and during all the time required by this 
Act; and to open and clear the same, if any of them shall be 
found shut or obstructed within the said term ; and if the owner 
or occupant of any such dam, situate as aforesaid, shall neglect 
or refuse to make and build such passage way, when thereto 
requested by a majority of cither of the said Committees, it shall 
be lawful for the Committee, making such request, and they are 
hereby directed to make and build the same ; and when it 
shall be completed by said Committee, the said owner or oc- 
cupant shall pay to said Committee double the amount of all the 
expenses incurred or sustained by the said Committee in mak- 
ing and building the same, on demand: And the said Commit- 
tee shall have a right to sue for and recover the same of such 
owner or occupant in an action of the case, in any Court pro- 
per to try the same, in said county of Middlesex; and each 



1815. Chap. 54—55. ^7 

jnember of either of the Committees aforesaid shall have full 
power and authority to do any act in either of the said towns 
of Charlestown, Medford and Woburn, which, before the pass- 
ing of this Act, might have been lawfully done by a majority 
of either of said Committees, in the town where such Commit- 
tee was chosen ; and shall be entitled to and enjoy all the privi- 
leges, and protection, when acting as such in either of said 
towns, which, before the passing of this Act, a majority of 
either of the said Commiltecs were entitled to and enjoyed, 
when acting within the limits of the town in which they were 
chosen. 

Sect. 4. Be it further enacted^ That it shall be lawful for the Saie of piivT- 
inhabitants of the said town of Woburn, at their annual meeting leges. 
in March or April, to sell, or otherwise dispose of the privilege 
of taking shad and alevvives in the streams aforesaid, so far as 
the same run wholly within the limits of that town, at such 
times only as are or may be allowed by law for said inhabi- 
tants to fish, and to fix on and determine the place or places 
where, said fish shall be so taken, and appropriate the emolu- 
ments arising therefrom to such purpose as the said town shall 
determine. 

Sect. 5. Be it further enacted^ That if any purchaser or 
manager of the said fishery in said Woburn shall take or catch 
any of the said fish at any other place than the place or places 
which shall have been fixed on and determined by the said 
town as aforesaid, and if any person other than such pur- 
chaser or manager, and those in the employ of such purchaser 
or manager, when said privilege shall have been disposed of 
by said town as aforesaid, shall take or catch, or attempt to „ , 
catch any of the said fish within the said town of Woburn, each abuses. 
and ev^ery person, so offending, shall forfeit and pay the sum 
of twenty dollars to the use of said town ; to be recovered by 
the Treasurer thereof, in an action of debt, in any Court pro- 
per to try the same, in the county of Middlesex. 

Sect. 6. Be it further enacted^ That all forfeitures, which . . - 

may be incurred for any breach of this Act, not herein other- forfcTu'res"" 
wise appropriated, shall be recovered in an action of debt, in 
the name of any one or more members of either of the Com- 
mittees aforesaid before any Court in the county of Middlesex 
proper to try the same, to the use of the town where the Plain- 
tiff or Plaintiffs in such action shall live, at the commencement 
thereof; and on the trial of any such action, any member of 
either of the said Committees shall be a competent witness, 
notwithstanding said action may have been commenced and 
prosecuted in the name of such member. And each of the 
towns aforesaid shall be holdcn to pay the members of their 
said Committee for all their services and expenses incurred by 
them respectively, in executing the duties required of them by 
this Act. \Feh. 2, 1816.] 

An Act to incorporate the First Baptist Society in Hardwick. Chap. 55, 

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



88 



1815. 



Chap. 55. 



Membership. 



Persons incor- same, Thai John Raymond, Elisha Sturtevant, Seth Willis, 
porate . Eiios Newland, Mas-.sa Newland, Benjamin Rider, Timothy 

Hathaway, John Crofl', Lemuel Wheeler, David Elvvell, Judah 
Sii^)ond'>, Judah Marsh, Gamaliel Collins, Asa Sturtevant, John 
W^eihereil, Jeremiah Newland, Dnniel Barrows, Aquiila Col- 
lin=*, Jonah Collins, Cary Howard, Jeremiah Campbell, Jere- 
miah Campb^^ll, jun. Lemuel Gilbert, Aaron Marsh, Zenas 
Marsh, Ca^-y Howard, jun. and !saac Bai-low, members of the 
First Baptist Society, with their polls and estates, be, and they 
are hereby incorporated as a Religious Society, lor religious 
purposes only, by the name of the First Baptist Society in 
Hardwick, with all the powers and privileges usually exercised 
and enjoyed by other Religious Societies, according to the Con- 
stitution and Laws of this Commonwealth. 

Sect. 2. Be it further enacted, That any inhabitant, living 
in either of the towns of Hardwick, in the county of Worcester, 
and Greenwich and Ware in the county of Hampshire, who 
may hereafter desire to become a member of the said First Bap- 
tist Society in Hardwick, shall have a right so to do, by de- 
claring such desire and intention in writing, and delivering the 
same to the clerk of the said Baptist Society, fifteen days be- 
fore the annual meeting of the said Society ; and shall also de- 
liver a copy of the same to the town clerk, or to the clerk of any 
other religious Society with which such person has been before 
connected, fifteen days before the annual meeting thereof. And 
if such person doth receive, and can produce a certificate of 
admission, certifying that he or she has united with and be- 
come a member thereof, such person, from the date of said 
certificate, with his or her polls and estate, shall be considered 
members of the said First Baptist Society, and shall be ex- 
empted from taxation towards the support of any other Re- 
ligious Society in the town or parish where such person may 
dwell. 

Sect. 3. Be it further enacted. That when any member of 
the said First Baptist Society in Hardwick may see cause to 
secede therefrom, and to unite with any other Religious Socie- 
ty in the town where such person may dwell, the same forms 
and process, of a written declaration and certificates shall be 
made required and given, mutatis rnutandis, as is prescribed 
and required in the second section of this Act ; Provided ahvays, 
that in everj'' case of secession from one society and joining to 
another, the person so seceding, shall be holden in law to pay 
his or her proportion or assessment of all parochial or society 
debts and expenses, which have been voted and assessed, and 
not paid prior to such secession. 

Sect. 4. Be it further enacted, That any Justice of the Peace 
for the county of Worcester, upon application therefor, be, and 
he is hereby empowered to issue a warrant, directed to a 
Justice to issue freehold inhabitant, and member of the said First Baptist So- 
ciety in Hardwick, requiring him to notify and warn the mem- 
bers thereof, to meet at such convenient time and place as shall 
be appointed in the said warrant, to organize the said Society 
by the election and appointment of its officers. [Feb. 3. 1816.] 



Condition of 
secession. 



warraut, 



1815. Chap. 56. 89 

An Act to regulate the Shad and Alewive Fishery in the town ol' VVatertown. Qiap. 56. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the anlhority nf the same. 
That from and after the passing of this act, it shall be lawful 
for the inhabitants of the town of VVatertown, by their agents 
lo sell the right, and regulate the times, places and manner of Liberty to sell 
taking the fish called shad and alewives, within the limits of '^ 
said town ; subject in all respects to an act passed on the twen- 
ty-eighth day of February, one thousand eight hundred and 
fourteen, entitled " An Act to prevent the destruction of the fish (1813 ch. 183.) 
called shad and alewives in Charles river." And it shall be 
the duty of the Selectmen of said town, as soon as may be af- 
ter the passing of this act, and forever after, in the month of 
January in eaeh year, to appoint, and they are hereby empow- 
ered to appoint, two persons as Agents, whose duty it shall be ' 
to carry into execution the purposes of this act ; provided how- 
ever, that neither of the Agents, at the time of their appoint- 
ment, shall belong to the board of Selectmen. 

Sect, 2. Be it further enacted, That the Agents appointed 
as aforesaid, shall for and in behalf of the inhabitants of said 
town, and to their use and benefit, as soon as may be, after the ^.^^^ ^^ g.^^^ 
first appointment, and forever after, in the month of February 
in each year, sell the right at public vendue, and regulate the 
time, places and manner of taking the fish called shad and ale- 
wives, within the limits of said town, after giving seven days 
notice of the time and place of such sale ; and the proceeds 
arising from such sale, said Agents shall be held to pay over to 
the Treasurer of the town aforesaid. 

Sect. 3. Be it further enacted, That the said Agents shall 
make and establish such rules and regulations as they may ^uigg and Re- 
think necessary, to promote the interest of the town, and after guiations. 
determining by whom said fish may be taken, they shall cause 
an attested copy of such rules and regulations, and the name 
of the person or persons hiring the right to take the fish afore- 
said, to be posted up in some public place in said town ; and if 
any person or persons, other than he or they, to whom said 
right is sold, or persons employed by him or them, shall take 
any of the fish called shad and alewives, within the limits of 
said town, or if any person or persons to whom said right is 
sold, or those employed by him or them, shall take any of said 
fish, contrary to the rules and regulations made and establish- 
ed by said Agents, which rules and regulations shall be made 
public at the time and place of sale, every person so offending, 
shall severally forfeit and pay a sum not exceeding twenty dol- 
lars, nor less than five 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 Agents may sue in the name 
of the inhabitants of the town. 

Sect. 4. Be it further enacted, That it shall be the duty of 
the town Clerk to attend said Agents, at the time of sale, and 
to make a fair record of all such rules and regulations, as they 
shall from time to time make and establish, and the conditions Kecord of Pio. 
of such sale, with the name of such person or persons as may <^^®<i"'S®' 

VOL. V. 12 



m 1«16. Chap. 56—57. 

hire the right aforesaid, in a hook to be by him kept for that 
purpose, and to post all such rules and regulations as the Agents 
may direct. 

Sect. .5. Be it further enacted^ That an act passed on the 
second day of March, one thousand seven hundred and ninety- 
1797 ch. 75. eight, entitled " An Act authorizing the inhabitants of Water- 
(V. 2. p. 224.) town, Weston and Waltham, in the county of Middlesex, to re- 
Former Law gulatc the taking of the fish called shad and alewives, within 
repeaec. ^^^ limits of said towns," be, and the same is hereby repealed; 

provided nevertheless., that all questions of the constitutional va- 
lidity, and all actions now pending, and causes of action, that 
have or may arise under the before described act, shall remain 
and be the same in any court, as they might or would have 
been, had not said act been repealed. And whereas the Se- 
lectmen of Watertown, Weston and Waltham, have in behalf 
of their respective towns prayed this honorable court that the 
inhabitants of said Weston and Waltham may be discharged 
by law from any further cost or charge towards the support of 
the bridge over Charles river in said Watertown ; — therefore 

Sect. 6. Be it further enacted., That from and after the pass- 
ing of this act, the inhabitants of said Weston and Waltham be, 
Waitham"c{is. ^"^ ^^^J ^''^ hereby wholly discharged from any further cost 
charged. or charge towards the support of the bridge aforesaid, any act 

or agreement to the contrary notwithstanding. \^h\h. 3, 
1816.] 

ChcfD 57. ■^" ^^^ "^ establish a Ministerial Fund in the town of Medfiel<l. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and bij the authority of the same, 
That the Deacons of the church, and the Assessors of the first 

rr . • parish in Med field for the lime bciner, in the said parish, be. 

porated. and they are hereby incorporated as Trustees, by the name of 

The Trustees of the Medfield Ministerial Fund ; and by that 
name, they and their successors in office, shall be, and con- 
tinue a body corporate forever ; and they shall have a com- 
mon seal, subject to alteration, and they may sue and be sued 
in all actions real, personal or mixed, and prosecute and defend 
the same to final judgment and execution, by the name of the 
Trustees of the Medfield Ministerial Fund, and shall have all 
other powers which are incident and necessarily belonging to 
like corporations. And the said Trustees may annually elect 
one of their number as 9 President, and a Clerk to record the 
doings of said Trustees, and a Treasurer to receive and pay 
the monies, belonging to the said fund, according to the provi- 
sions of this act, who shall give bond to the said Trustees, for 
the faithful performance of his duty, and shall at all times be 
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. And the said parish shall be called and known by the 
name of the Congregational parish in the town of Medfield, and 
shall have, exercise, and enjoy, all the rights, powers and pri- 



1815. Chap. 57. 91 

vileges which by law are incident to parishes in this Common- 
wealth. 

Sect. 2. Be it further enacted. That the said Trustees be, 
and they are hereby empowered to sell and convey, or lease ^^^^ ^^^^ 
for a term of years, as the several grants, by v.hich said lands convey lands. 
are held, may rcfjuire, the several lots of land which are, or 
may hereafter be appropriated to the support of a Gospel min- 
ister of the Congregational persuasion in said town ; and the 
monies, arising from the sale or lease of said land, shall be put 
on interest, and shall form a fund, the annual income of which 
shall be appropriated towards the support of the ministry, in 
the said Congregational parish, and shall be under the care 
and management of said Trustees, in the manner provided for 
and directed in this act. And all gifts, grants, donations, be- 
quests or legacies, which have been, or may hereafter be made 
to, and for the same use and purpose, shall be added to the 
said fund, and shall be under the same care and improvement 
of the Trustees aforesaid ; and when the said Trustees do 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 ^ ^^^^ j^^_ 
loaned or secured, or by two or more sufficient sureties with ney or invest it 
the principal, unless the said Trustees shall think it best to in- in Banks, 
vest the said proceeds and fund in public securities or bank 
stock, which they shall have power to do, in their discretion, 
and the interest, and that only, shall ever be appropriated for 
the use aforesaid ; and it shall never be in the power of the said 
Trustees, or the said parish, to alienate or alter the appropria- 
tion of the said ministerial fund. And the said Trustees, or a 
majority of them, are hereby empowered to make and execute 
a good and sufficient deed or deeds, or lease or leases, of the 
said several lots of land, which shall be subscribed by the 
Treasurer, and when duly executed, acknowledged and deli- 
vered, by direction of the said Trustees, or a major part of 
them, shall be valid and effectual in law, to pass and convey 
the fee or term of years, as the case may be, to the purchasers. 

Sect. 3. Be it further enacted. That the said trustees, Trea- 
surer, 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 may be paid them by 
the said parish. And the said trustees, and each of them, shall officer ac- 
be responsible to the parish for their personal neglect or mis- countable, 
conduct, whether they be officers or not, and liable to prosecu- 
tion for any loss or damage resulting thereby to the said fund, 
and the debt or damage recovered in such suit shall be added 
to the said fund, and the said Trustees and Treasurer and 
their successors in office, shall exhibit to the said parish a re- 
port of their doings yearly and every year, in the month of 
March or April. 

Sect. 4. Be it further enacted, That any Justice of the Peace 
for the county of Norfolk, upon application therefor, is hereby 
empovv^ered to issue his warrant, directed to one of the Trus- t,,^,- _ ,. • „,„ 
tees aforesaid, requinng him to notify and call a meeting or warrant. 



92 



1815. 



Chap. 62—68. 



Chap, 62. 



Separation. 



Annexation. 



Bounds, 



Proviso. 



Chap. G6. 



Persons 
incorporated. 



(J803 ch. 65.) 



May hold real 
and personal 
estate. 



Chap. 68. 

18J3 ch. 134. 



the said trustees, to be holden at such convenient time and 
place, as may be appointed in said warrant, to organize the 
said corporation by the appointment of its officers. [Feh. 
3, 1816.] 

An Act to set oflf certain lands from the town of Orange, and to annex the same 
to the town of Athol in the county of Worcester. 

BE it enacted by the Senate and House of Representatives, in Gen' 
eral Court assembled, and by the authority of the same, That a 
tract of land, containing about seventy acres, belonging to 
George Oliver, Luther Smith, Jonathan Harwood, and Jonathan 
Wheeler shall be separated from the town of Orange in the 
county of Franklin, and the same is hereby annexed to the 
town of Athol in the county of Worcester, contained within the 
following boundaries, viz. beginning at a stake and stones on 
the present line between the said tow^ns, a few rods westerly 
from the dwelling house of said Jonathan Harwood, in said 
Athol, thence running northerly to the northwest corner of 
said George Oliver's land, thence easterly on the northerly 
line of said Oliver's land to Tully river, thence down said river 
to a stake and stones at a corner of said town of Orange, 
thence westerly on the present dividing line between said 
towns to the first mentioned boundary : Provided nevertheless. 
That the said George Oliver, Luther Smith, Jonathan Har- 
wood, and Jonathan Wheeler shall be held to pay all taxes 
already legally assessed on them by the said town of Orange. 
[Feb. 7, 1816.] 

An Act to establish the Dudley Cotton Manufacturing Company. 

Sect. 1 . BE it enacted, by the Senate and House of Repre- 
sentatives, in General Court asse7nbhd, and by the authority of the 
same. That John Nichols, Theodore Dwight, Stephen Bracket, 
Nathaniel Crosby, William Kimball, and David Carroll, to- 
gether 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 Dudley Cotton Manufacturing 
Compan}^ for the purpose of manufacturing cotton in the town 
of Dudley, in the county of Worcester, and for that purpose 
shall have all the powers and privilefjes, 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, 
in the year of our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted. Thai said Corporation in their 
capacity shall and may lawfully hold and possess such real 
estate, not exceeding in value fifty thousand dollars, and per- 
sonal estate not exceeding fifty thousand dollars, as may be 
necessary and convenient for carrying on said Manufacture in 
its various branches as aforesaid. [Feb. 8, 1816.] 

An Act in addition to an Act, entitled, " An Act to incorporate the Manufac- 
turers' and Mechanics' Bank." 

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



1815. Chap. 68—71. 93 

;fame, That the capital stock of the Manufacturers' and Me- Reduction of 
chanics' Bank, be, and the same is hereby reduced from fiftten ^'"'^^• 
hundred thousand to seven hundied and fifty thousand dollars, 
divided into shares of fifty dollars each. 

Sect. 2. Be it further enacted, That the amount of stock, 
which the Commonwealth has the right to subscribe for, in addi- Ibid. 
tion to the capital stock of said Corporation, is hereby reduced 
from five hundred thousand dollars, to two hundred and fifty 
thousand dollars. 

Sect. 3. Be it further enacted, That so much of the act to 
which this act is in addition, as is inconsistent with the provi- 
sions of this act, be, and the same is hereby repealed. [Feb. 8, 
1816.] 

An Act in addition to an Act, entitled, " An Act to incorporate certain persons C/iOp. 69. 
in the town of Dudley, by the name of The First Congregational Society in 1797 ch. 27. 
Dudley." (V. 2. p. 183.) 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That from and after the passing of this act, the meetings of 
the inhabitants of the First Congregational Society in Dudley, 
for the choice of their officers, shall be held in the months of Time of hold- 
April or May annually, any thing in any former act to the *"S '"^^^'"S^- 
contrary notwithstanding. 

Sect. 2. Be it further enacted, That any Justice of the Peace 

for the county of Worcester be, and he hereby is empowered 

and directed to issue his warrant to some principal member of •'^"^tice issue 

. , ^ . .... • I /• 1 warrant. 

said Society, requirmg him to warn a meeting thereof, at such 

time and place as shall be therein set forth, at which meeting, 

said Society shall agree on the manner of calling their future 

meetings. '[F<b. 8, 1816.] 

An Act incorporating certain persons for the purpose of building a Bridge over Chap» 71 « 
Bass river, in the towns of Yarmouth and Dennis. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Richard Sears, Peregrine White, Isaac White, Alden 
Gray, Josiah Nickerson, William Gray, and Washington Ba- incorporated, 
ker, together with such others as may hereafter associate with 
them, and their heirs and assigns, shall be a Corporation, by 
the name of The Proprietors of Bass river Bridge, and by that 
name may sue and be sued to final judgment and execution, 
and may do and suffer all such matters, acts and things, which 
bodies politic may and ought to do and sufifer ; and that said 
Corporation shall have full power and authority to make, have 
and use a common seal, and the same to break, alter and renew 
at pleasure ; and the said Coi-poration shall be, and they are 
hereby authorised to erect a Bridge over Bass river, at the 
second narrows, between the land owned by Richard Sears on 
the west side of the river aforesaid, and land owned by Josiah 
Nickerson, on the east side of the river aforesaid ; and the said 
Bridge shall be well built of good materials, not less than 
eighteen feet wide, and well covered with plank or timber, 
"with sufficient rails on each side for the safety of passengers. 

Sect. 2. Be it further enacted^ That any three of the persons 



04 



1815. 



Chap. 71. 



Mode of calling before named, may call the first meeting of the said proprie- 
nieeting. ^^^^ ^^y an advertisement, posted up at the door of the North 

Meeting House, in said town of Yarmouth, at least fifteen d lys 
prior to the time appointed for such meeting, and ihe said pro- 
prietors by a vote of a majority of rhose present, accounting, 
and allowing one vote to each share, (provided no person either 
by his own right or hy pj-oxy. or by both, shall be entitled to 
more than ten votes) shall choose a clerk, who shall be sworn 
to the faithful dischiru^e of the dmies of his office; and at the 
same lime, or at any subseciuent meeting, choose such other 
officers as may be found necessary for m-inajing the business 
of said Corporation, and shall agree on a method of calling 
future meeiings, and at the s ime or at any subsequent meeting, 
may make and establish such rules tnd regulations as sh ill be 
deemed convenient and necessary for regulating said Corpora- 
tion, effecting, com|)leting and executing the purpose aforesaid, 
and for collei ting the toll herein granted; and the same rules 
and regulations may c luse to be observed and executed, and 
for the breach of any of them, m\y order and enjoin fines and 
per tities, not exceeding twenty dollars; provided, that said rules 
and regulations be not repugnant to the Laws and Constitution 
of this Commonwealth. 

Sect. 3. Re if further enacted, That a toll be, and hereby 
is granted and established, for the use and benefit of said Cor- 
Ratesoftoll. poration, according to the rates following, viz : — for each foot 
passenger, or one person passing said bridge, two cents ; one 
person and horse, six cents ; each single horse-cart, sled, or 
sleigh, eight cents ; each wheel-barrow, hand-cart, and every 
other vehicle, capable of carrying a like weight, three cents ; 
each team, including cart, sled or sleigh, drawn by more than 
one beast, and not exceeding four, ten cents ; and for every 
additional beast above four, two cents; each single horse and 
chaise, chair or sulkey, ten cents ; neat cattle and horses, exclu- 
sive of those rode on or in carriages, carts or waggons, two 
cents each; sheep and swine for each dozen, six cents; and 
at the same rate for a greater or less number ; and the same 
toll shdl be paid for all carriages passing; said bridge, whether 
the same be loaded or not ; and to each team one man, and no 
more, shall be allowed, as a driver, to pass free from payment 
of toU ; and at all limes when the (oil gatherer shall not attend 
his duty at the said bridge, the g;ite or gates shall be left open ; 
and the said toll shdl commence on the first day of the opening 
the said bridge for passengers, and shall continue for and of 
during the term of seventy-five years, from the said day, and 
be collected as shall be prescribed by said Corporation : Pro- 
Proviso. vided, the said proprietors shall at all times keep the said 

bridge in good repair, and at the end of said term, deliver the 
same to the Commonwealth, for their use : Provided also, at the 
place where the toll shall be collected, (here shall be constant- 
ly kept on a board or sign, exposed to open view, the rates of 
toll in legible letters. 
Condition of Sect. 4. Be it further enacted. That if the said Corporation 
this grant. shall neglect or refuse for the space of nineteen months, from 



1815. Chap. 71—74. 95 

the passing of this act, to build and complete said bridge, then 
this act shall be void and of no effect. 

Sect. 5. Be it further enacted^ That all persons, with their 
carriages and horses, passing to aid from their usual place of Exemptions, 
public worship, and all persons passing to and from funerals, 
and all persons passing on military duty, be, and hereby are 
exempted from paying toll as required by this act. 

Sect. 6. Be it further enacted. That at the expirr^tion of ten May alter toll, 
years from the opening of said bridge, the General Court may 
regulate anew the rates of toll receivable thereat. 

Sect. 7. Be it further enacted^ That if at any future period 
the towns of Yarmouth or Dennis, or any inhabitant or inhabi- p^o^jgo f^, ^is. 
tants of the said towns, shall reimburse the proprietors of said continuing toll, 
bridge for all expenses they may have been at for building the 
same, with legal interest on the amount, deducting the amount 
of tolls received from the account of interest, it shall no longer 
continue a toll bridge, and the third section of this act shall be 
void. [Feb.S, 1816.] 

An Act to incorporue the Patent Pump Company. Chttp* 72. 

Sect. I . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of the same, 
That William Gray, William B. Swett, Phineas Adams, Caleb ^^J^J^^ '"*="'* 
Loring, and Thomas Curtis, together with such persons as are "'""^ 
now, or m.iy hereafter become associated with them, and their 
successors and assigns, be, and they hereby are made and con- 
stituted a body politic, and a Corporation, by the name of The 
Patent Pump Company, for the purpose of making and vend- 
ing triangular valve pumps in any and all places. And they 
shall have all the powers and privileges, and be subject to all 
the duties contained in the 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 Man- (1808 ch. 65.) 
ufacturing Corporations." 

Sect. 2. And be it further enacted. That the said Corpora- 
tion shall be capable of purchasing and holding the patent May purchase 
right of Mr Jacob Perkins' triangular valve pump, and all pa- Patents, 
tent rights to all improvements that have been, or shall be made 
thereon. 

Sect. 3. Be it further enacted. That said Corporation shall May hold real 
be capable of purchasing, taking and holding real estate with- ^^'^'^• 
in this Commonwealth, to the value of twenty thousand dollars, 
and personal estate not exceeding the value of two hundred 
thousand dollars. [Feb. 9, 1816.] 

An Act to incorporate the second Congregational Society in Charlestown. Chap, 74. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Conrt assembled, and by the authority of the 
same. That Nathaniel Austin, jun. Benjamin Swift, Seth Knowles, Persons incor- 
Jacob Foster and Joseph Phipps, jun. together with such others poiated. 
as shall hereafter associate with them, with their families, polls 
and estates, be, and they are hereby incorporated into a reli- 
gious Society, by the name of The Second Congregational So- (Name ciiang- 
ciety in Charlestown, with all the powers, privileges and immu- ed I8I8 ch. 62.) 



96 



1815. 



Chap. 74. 



May sell or 
lease pews. 



Conditions of 
membership. 



May assess 
taxes. 



May secede. 



Proviso. 



Records. 



Mode of call- 
ing meeting. 



nities to which parishes are by law entitled in this Common- 
wealth. 

Sect. -2. Be it further enacted, That the said Society be, 
and is hereby authorized and e npowered to receive a deed ot 
the meeting-house they have purcha'^ed. and to sell or lease the 
pews in said meeting-house, and to give deeds to convey the 
same. 

Sect. 3, Be it further e.nacted, That any other person who 
shall unite in religious worship with the said Second Congrega- 
tional Society, by giving in his or her name to the town Clerk 
of said Charlestown, with a certificate signecJ by the Minister or 
Clerk of said Society, that he or she has actually become a 
member of and united in worship with said Society, shall from 
and after giving in such certificate, with his or her family, polls 
and estates, be considered as members of said Society. 

Sect. 4. Be it further enacted. That the pew holders in said 
religious Society, are hereby authorised to assess on the pews 
of said meeting-house, such taxes as they from time to time 
shall find necessary for the mainten.ince of public worship and 
other parochial charges, according to the relative value of said 
pews ; and the pows in said house sh^ll be held liable to be 
taken and sold for the payment of all assessments duly made as 
aforesaid, and for the charge of all expenses incurred by such 
sale, in such manner and on such contingencies and conditions 
as may be agreed upon by said Society, and which shall be 
summarily expressed and contained in the deeds of the pews ; 
and the assessments made as aforesaid sh dl be considered as a 
lien upon the pews in said meeting-house ; and ;i bill of each pro- 
prietor's assessment, and of the time or times of paj'ment, shall 
be left in his pew, of which fact the oath of the Treasurer, or 
of the person by him employed for that purpose, shall be suffi- 
cient evidence. 

Sect. 5. Be if further enacted, That when any member of said 
second Congregational Society shall see cause to leave the same 
and unite in religious worship with any other religious society, 
and shall ^ive in his or her name to the Clerk of said second 
Congregational Society, accompanied with a certificate from 
the Minister or Clerk of such Society, as he or she may have 
joined, shall be considered as no longer a member : Provided 
hozvever, that in all cases of secession from said Society, every 
such person shall be holden to pay his or her proportion or as- 
sessment made on the pews in said Society prior to leaving the 
same. 

Sect. 6. Be it further enacted. That all deeds and conveyan- 
ces of, and all executions extended on the pews in said meet- 
ing-house, shall be recorded by the Clerk of the said parish, in 
a book to be provided for that purpose, and being so recorded 
shall be considered valid in law. 

Sect. 7. Be it further enacted. That the persons named in 
the first section of this act, or either of them, may cause the 
first meeting of said society to be called for any purpose speci- 
fied by them, to be posted up in some public place in said 
Charlestown, giving notice of the time and place of said meet- 



1815. Chap. 75—77. 9t 

ing ; at which meeting said Society may agree on the mode of 
notifying future meetings. [Feb. 9, 1816.]' See 1818 ch. 62. 

An Act to incorporate the Agricultural Society in Attleborough. i^llCip, 7j. 

Sect. 1 . BE il enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Joel Read, Amos Ide, John Haven, Jonathan Peck, Persons incor-* 
Joseph Tiffany, Richard Hunt. Abiathar Richardson, jun. Eb- poiated, 
enezer Guild, Levi Read, Lemuel May, with their associates 
and successors, be, and they are hereby made a Corporation, 
by the name of The Attleborough Agricultural Society, for the 
purpose of promoting Agriculture ; and for this purpose, shall 
have the same powers and privileges, and be subject to the like 
duties and restrictions as the other incorporated Agricultural 
Societies in this Commonwealth ; and the said Corporation may 
hold and possess real estate not exceeding the value of five thou- 
sand dollars, and the annual income of its personal estate shall 
not e: ceed the value of two thousand dollars. 

Sect. 2. Be it further enacted, That any Justice of the 
Peace for the county of Bristol, is hereby authorized to issue a 
warrant, directed to one of the members aforenamed, requiring 
him to notify and warn the first meeting of said Society, to be Regulations for 
held in said Attleborough, at such convenient time and place, as organizing* 
may be appointed in said warrant, to organize said Society by 
electing necessary officers, and forming rules and regulations 
for the government of the said Society. \_Feb. 9, 1816.] 

An Act to incoiporate the Rivulet Manufacturing Company. \jllup» /o» 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same, That Samuel Read, Daniel Carpenter, and Alpheus Bay- Persons incor* 
lis, with such other persons as have already, or may hereafter poiated. 
associate with them, their successors and assigns, be, and they 
hereby arc made a Corporation, by the name of The Rivulet 
" Manufacturing Company, for the purpose of manufacturing 
woollen yarn and cloth, in the town of Oxbridge, in the county 
of Worcester ; and for that yjurpose shall have all the powers 
and privileges, and be subject to all the duties and ret|uirements 
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 (isosch. 65.) 
Manufacturing Corporations." 

Sect. 2. Be it further enacted. That the said Corporation 
may be lawfully seized and possessed of such real estate, not May hold real 
exceeding fifty thousand dollars, and such personal estate, not estate, 
exceeding one. hundred thousand dollars, as may be necessary 
and convenient for the purposes aforesaid. [Feb. 9, 1816.] 

An Act to incorporate the Handel and Haydn Society. Chap, 77. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, ayid by the authority of the 
same. That Thomas Smith Webb, Amasa Winchester, Nathaniel Persons incor^ 
Tucker, and Mathew Stanley Parker, together with such as porated. 
may become associated with thenij and their successors, be, 

VOL, v» 13 



98 1815. Chap. 77—80. 

and they hereby are incorporated and made a body politic and 

Corporation, for the purpose of extending the knowlediie and 
improving the style of perfcjrmance of church music, bj the 
name of The Handel and Haydn Society ; and by that name 
they may sue and be sued, have a common seal, and ihe same 
at pleasure alter, and be entitled to all the powers and privile- 
ges incident to aggregate Corporations. 

Sect. 2. Be it further enacted. That the said Corporation 
shall at their first, or some subsequent meeting, choose a Presi- 

ohosen!'"''^ dent, Treasurer, and such other officers as they may deem ne- 
cessary or convenient for the government and regulation of said 
Corporation and its proiicrty ; they shall ha\e the power to 
make standing rules or by-laws, for prescribing the terms of of- 

Duties. fice, and duties of their officers, for regulating the terms on 

which persons maybe admitted and continue members of the 
corporation, and generally for the regulation of their affairs. 

Sect. 3. Be it further enacteeh That the said Corpor;i!ion 
shall be capable of taking and holding real estate, not excecd- 

May hold real [i^g ^^e value of fifty thousand dollars, atul personal cs'a'e not 
exceeding the value of fifty thousand dollars, which est ite shall 
never be divided among the members of the Corporation, but 
shall descend to their successors, subject only to the payment 
of the just debts to be incurred by said Corporation. 

Sect. 4. Be it further enacted^ That Thomas Smith Webb 

Power to call shall have power to call the fii-st meeting of said Corporation, 

first meeting, by appointing a time and place therefor, and giving notice 
thereof to the other persons named and incorporated by this 
act. {Feb. 9, 181G.] 

ChaVt 79. -A^" -^^"^ *° incorporate the North Brookfield Woollen Manufacturing Company, 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the samCj 
Persons incor- That Daniel VVaite, John Bigelow, Thomas Bond, jun. Moses 
porated. Bond, Silas Henry, Josiah Carey, Abraham Hunter, Peleg 

Peekham, Edmund Mayo, and Robert Blair, with such other 
persons as alreadj^ have or hereafter ma}*^ associate with them, 
their successors and assigns, be, and they hereby are made a 
corporation, by the name of the North Brookfield Woollen 
Manufacturing Company, for the purpose of manufacturing 
woollen cloths, within the town of North Brookfield in the coun- 
ty of Worcester ; and for that purpose shall have all the pow- 
ers and privileges, and be subject to all the duties and require- 
ments contained in an Act, entitled " An Act defining the gen- 
eral powers and duties of manufacturing corporations." 
May hold real Sect. 2. Be it further enacted, That the said corporation may 
estate. be lawfully seized and possessed of such real estate, not ex- 

ceeding the value of thirty thousand dollars, and such personal 
estate, not exceeding fifty thousand dollars, as may be necessa- 
ry and convenient for carrying on the manufactory" aforesaid. 
[A6. 9. 1816.] 

Chap. 80. An Act in adilition to an Act, entitled "An Act to incorporate the President. Di- 

1813 ch. IT.'i. rectors and Company of the Dedhain Bauk." 

1814 ch. 147. jg^ -^ ^n((t^ted by the Senate and House of Representatives^ m 



(1808 ch. 65.) 



1 8 1 5. Chap. 80—82. 99 

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

the (hird ^\n\ fourth iiisUihnents of tweniy-five dollars on each 

share of the capital stock of the Dedham bank, in lieu of being 

paid in at the time by law now prescribed, may respectively Discretionary 

be paid in at the discretion of the stockholders of said bank, at powers. 

any lime within one year from the passing of this Act, anything 

in the se.vei-al Acts to which this is in addition, to the contrary 

notwithstanding. [Feb. 9, 181G.] 

An Act in addition to an Act, entitled " An Act to incorporate the Episcopal C/?flp. 82. 
Chnrcli in Cainbrirtgc, so called, for certain purposes." 1794 ch. 13. 

Sect. 1. BE U enacted by the Senate and House of Representa- ' • • P- •) 
fives, in General Court aasembled^ and by the authority of the same, 
.That the proprietors of Christ church, so called, in Cambridge, 
in the county of Middlesex, together with such other persons 
by law entitled to vote in parish alfairs, as usually attend pub- 
lic worship in said church, be, and they hereby are incorporat- Bcdy politic. 
ed and made a body pohiic and corporate, by the name of the 
Episcopal Society in Cambridge, witli all the powers and pri- 
vileges, which parishes in this Commonwealth are by law vest- 
ed with. And the said society shall be to all legal intents and 
purposes, the successor to the corporation created and made 
by the Act to which this Act is in addition. 

Sect. 2. Be it further enacted, That when any other person 
or persons, may hereafter incline to join said society, and shall 
leave a certiiicate thereof, signed by the wardens of the socie- 
ty, with the clerk of the town or parish, to which he, she, or 
they may respectively belong, fourteen days, at least, before Membership. 
the annual meeting of such town or parish, by law to be hold- 
en in the months of March or April, such person or persons, 
with his, her, or their polls and estates, shall thenceforth be 
considered as belonging to said society. And whenever any 
.person or persons, belonging to said society shall see cause to 
leave the same and to unite with any other parish, or religious 
society, and shall leave with the wardens of the said Episcopal 
society a certificate thereof, signed by the minister or clerk of 
such other parish, or religious society, such person or persons, 
with his, her or their polls and estates, shall be discharged 
from the said Episcopal society, and annexed to the parish or 
society, to which he, she, or they may have so united. 

Sect. 3. Be if further enacted, That the said society, at their 
first meeting, which shall be convened pursuant to this Act, and 
afterwards at their annual meetings on Easter Monday, in each 
year, or at any adjournment of such meeting, shall or may Officers to be 
elect, two or more church wardens, and any number of vestry ^ ^''^^ ' 
men, not exceeding twelve, a treasurer, assessors, recording 
clerk, and such other officers as tJiey shall think necessary for 
the management of their concerns, to continue in their respec- 
tive offices until others shall be chosen in their place ; and at 
any such meeting, or other meeting to be called for the pur- 
pose, may supply the vacancy of any office, and may establish 
suitable by-laws and rules for the government of the said cor- 
poration, and prescribe the manner in which their meetings 
shall be warned, and the forms of proceedings and voting there- 



100 



1815. 



Chap. 82. 



May levytaxes. 



in, and the authorities and duties of their respective officers and 
agents. 

Sect. 4. Be it further enacted, That at any such meeting, the 
said society may make or order reasonable taxes and assess- 
ments, lor the support of public worship, and for the preserva- 
tion, repairs or improvement of their church, or other estates 
of which they may at any time be seized or possessed, and 
may order the same to be a>)scssed upon the pews of said 
church, or a part thereof upon the pews, and the remainder 
upon the polls and estates of the members of the said society, 
according to the valuation of their respective estates by the as- 
sessors of the said society. And for the purpose of such as- 
sessments upon the pews, there shall be a valuation of the same 
by the assessors, according to their size and situation, which 
valuation may be from time to time revised and altered by the 
society ; and the sum voted at any lime to be assessed upon 
the pews, shall be apportioned upon them according to such 
valuation. 

Sect. 5. Be it further enacted, That the assessors and record- 
din-- clerk to be chosen pursuant to this Act, shall, before they 
enter on the duties of their respective ollices, be sworn to the 
faithful discharge of the same, which oath may be administer- 
ed by the moderator of the meeting at which they shall be 
chosen, or by any Justice of the Peace for the said county of 
Middlesex. 

Sect. 6. Be it further enacted, That if any member of said 
society shall neglect to pay the f^x assessed upon him, or her, 
as aforesaid, or any tax which shall be due from him or her 
under the authority of the Act to which this is an addition, af- 
ter notice and demand thereof by the treasurer or collector, 
the same may be recovered by an action of debt, or upon the 
case, to be brought in the name of the treasurer for the time 
being, ag linst any such dclincjuent member of the said society, 
or his or her executors or administrators. 

Sect. 7. Be it further enacted, That the said society be, and 
they hercb^"^ are empowered to raise and establish a fund, in 
such way and manner as they may see fit, the income or inter- 
est of which, or so much thereof as shall be found necessary or 
expedient, they may from time to time appropriate and apply 
to the support of the minister of the society, for the lime being, 
or to the rcp:\irs of the church, parsonage house, or other es- 
tates of the society, or to the relief of the poor of the society, 
as the said society shall from time to time, agree and determine. 
And the wardens of the society for the time being shall be the 
trustees of such fund, and shall have the management of the 
same, subject to the control and direction of the society : Pro- 
vided that the whole annual income of such fund, exclusive of 
the parsonage house, glebe or land> in the actual occupation of 
the minister for the time being, shall not exceed the sum of live 
thousand dollars. 

Sect. 8. Be it further enadcd. That Abraham Bio;!ow and 

Persons towarn c i r» n n t-< • i i <- • i i l 

meetiii". oamuel Jr. r. ray, Lsquires, the present wardens of said church, 

or either of them, shall notify and warn the first meeting of the 



Obligation of 
church officers 



May sue for 
debts. 



May raise 
funds. 



Proviso. 



1815. Chap. 82—83. 101 

said society, by posting notifications thereof at the doors of said 
church, fourteen days, at the least, before the time appointed 
for such meeting. [Feb. 9, 1816.] 

An Act to regulate the Fisheries in the tnwn of Dennis. C«Cp. 83. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same, 
That from and after the passing of this Act, the town of Den- 
nis shall be and hereby is empowered and directed, at their ott'iceis to be 
meeting for the choice of town olFicers in March or April an- chosen, 
nually, to choose three or more persons, being freeholders in 
the said town, to see that this Act be duly observed ; and each 
person so chosen, shall be sworn faithfully to discharge the du- 
ties required of him by this Act ; and the said committee shall 
meet together annually on or before the twentieth da}^ of April, 
on 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 empowered to order the 
times, places and manner in which it may be 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 ful- 
ly authorized and empowered to cause the natural course of 
the streams through which the said fish pass, to be kept open 
and without obstruction, to remove such as may be found there- 
in, 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 goon the land or meadow 
of any person through which said streams run, without being 
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 obstruct any pas- 
sage way in the river, streams, coves or ponds, in said town, 
otherwise than may be allowed by the said committee, he or 
they shall forfeit and pay a fine for every such offence, not ex- 
ceeding ten dollars, nor less than three dollars. 

Sect. 2. Be it further enacted, That if any person or persons 
shall take any of the said fish in the rivers, streams, ponds or 
coves aforesaid, at any time, in any place, or in any manner other 
than shall be allowed by the s^id committee as aforesaid, each 
person so offending, for each and every such offence shall, on 
conviction thereof, pay a fine not exceeding four dollars, nor less Fines, 
than one dollar, if the quantity offish so taken, is less than one 
barrel, but if the quantity of fish so taken shall be one barrel or 
more, such person or persons so oflending, shall forfeit and pay 
for each and every barrel of fish so taken the sum of four dol- 
lars. 

Sect. 3. Be it further enacted, That if the committee afore- 
said, or either of them, shall detect any person or persons in 
attempting to take any of the said fish, at any time, or in any 
place, or in any manner, otherwise than isnllowedby the com- 
mittee, or shall find such fish with such person or persons, such 
person or persons shall be deemed to have taken the said fish 



102 ' 1815. Chap. 83—88. 

unlawfully, and shall be subject to the penalties of this Act ac- 
cordiiigly, unless such person or persons can make it appear 
on trial that they came to the said fish in some other way. 

Sect. 4. Be it further enacted, That if any vessel, boat, or craft 
shall be found "within the limits of any of the rivers, streams, 
ponds or coves, with any more of said fish than shall be per- 
Seizureand miucd by the committee aforesaid, it shall be the duty of said 
oreitures. committee, and they are hereby authorized to scize such ves- 
sel, boat, or craft, and detain the same, not exccedir)g forty- 
eight hours, in order that the same may be attached, or arrest- 
ed by due process of law, and made answerable for said fines 
and forfeitures with cost of suil ; Provided honrver, that as soon 
as ihe owner or master of said vessel, boat or craft, shall pay 
such fines and forfeitures to the treasurer of said town, if he 
shall pay the same before being sued, such vessel, boat or craft 
shall be discharged with the effects (herein. 

Sect. 5. Be if further enacted, That all (he forfeitures incur- 
red by virtue of this Act shall be to the use of the said (own of 
Dennis, to be recovered by an action on the case, in any court 
proper 'o try the same, to be brought by the treasurer thereof. 
[Feb. 10. 18"l6.] 

X^riap. o4. ^^ ^P^ jQ empower the Selectmen of Saugiis to appoint Engine Men. 

BE it enacted by the Senate aiid House of Representatives, in 
General Court assembled, and by the authority of the same. That 
the selectmen of the town of Saugus be, and hereby are au- 
thorized and empowered to nominate and appoint, as soon as 
may be after the passing of this Act, and ever after in the 
month of March annually, so long as there shall be a good en- 
gine near Saugus river, within the bounds of the town of Lynn, 
nine persons, who in addition to those appointed by the select- 
men of the town of Lynn, the whole not to exceed twenty-one 
men, shall be one company of engine men, to take charge of 
and manage said engine, who shill be subject to the same du- 
ties and vested with the same powers, and entitled to the same 
rights, privileges and exemptions that other engine men now by 
law are. [Fib. 10, 1816.] 

K/hcip, 88. An Act to incorporate the President, Directors and Company of the Bedford 
Commercial Bank. 

Sect. 1. BE it enacted by Ihe Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
Persons incor- '^^^'^^ William Rotch, jun. William Rowland, Oliver Crocker, 
poratod; Gideon Howland, jun. Joseph Rickotson, Gideon Allen, Seth 

Russell, jun. John A. Parker, Joseph Dunbar, James Howland, 
Menassah Kempton, and Cornelius Grinnel, with (heir asso- 
ciates, successors and assigns shall be. and hereby are created 
a corporation, by the name of the President, Directors and 
Company of the Bedford Commercial Bank, and shall so con- 
tinue 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 dq- 



1815. Chap. 83. 1^3 

fended in any Courts of Record, or any place whatever, and 
also to make, have and use a common seal, and to ordain, es- 
tablish and put in execution such by-laws, ordinances and reg- 
ulations as to them shall appear necessary and prudent lor the 
government of their affairs: Provided^ such by-laws, ordinan- 
ces and regulations shall in no wise be contrary to the Con- 
stitution and Laws of this Commonwealth ; and the said Cor- 
poration shall always be subject to the rules, restrictions, lim- 
itations and provisions herein prescribed. 

Sect. 2. Be it further enacted, That the capital stock of said 
Corporation shall consist of the sum of one hundred thousand ^j, ^gj g^^^jj^ 
dollars in gold and silver, divided into shares of one hundred (incieased 
dollars each, which shall be paid in four equal instalments. 1821 ch. 6.) 
The first on or before the first day of September next, the 
second on or before the first day of March next after, the 
third on or before the first day of September next afterwards, 
and the last on or before the first day of March next after- 
wards ; and the Stockholders at their first meeting shall by a 
majority of votes, determine the mode of transferring and dis- 
posing of said Stock and the profits thereof, which being en- 
terrd on the books of said Corporation, shall be binding on the 
Stockholders, their successors and assigns. And the said 
Corporation are hereby made crtpable in law to have, hold, 
purchase, receive, possess, enjoy and retain to them, their 
successors and assigns, lands, rents, tenements, and heredita- 
ments, to the amount of thirty thousand dollars, and no more 
at any one time, with power to bargain, sell and dispose of p . ,., ^ 
the same, and to loan and negotiate their monies and effects " '" 

by discounting on banking principles on such security as they 
shall think prot^er : Provided, liowever, 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 
said Corporation ; and provided further, that no money shall 
be loaned or discounts made, nor shall any bills or promissory 
notes be issued from said Bank until the Capital subscribed 
and actually paid in and existing in gold and silver in their 
vaults shall amount to twenty-five thousand dollars. 

Skct. 3. Be it further enacted, That the rules, limitations, 
and provisions, which are provided in and by the third sec- 
tion of an act, entitled "An act to incorporate the President, (isiidi, 84.i 
Directors ,ind Company of the State Bank," shall be binding 
on ihe Bank hereby established ; provided, that the bond re- 
quirfd to be given by the Cashier shall be given in the pen- ^"° ^' 
alty of twenty thousand dollars, and the number of Directors 
to be annually chosen shall be nine, who shall be inhabitants 
of this Commonwealth, five of whom may constitute a quorum 
for transacting business; and provided also, that the amount of 
bil!'^ at any time issued from said Bank shall not exceed fifty per 
cent i'eyond their capital stock actually paid in. 

Set. 4. Be it further enacted. That the said Bank shall be 
established and kept in the town of New Bedford. Location, 



104 



18 J 5. Chap. 88. 



Sect. 5. Be it further enacted^ That whenever the Com- 
monwealth may require it, said Corpoi-iiion shall loan to the 
Commonwealth any sum of money which may be required, 

„ . not exceeding ten thousand dollars at any one time, reim- 

Statg loan*. i i i - r i i l ■ i 

bursabie al live annual uistalmenis. or at any shorter period, 

at the election of the Commonwealth, with the annual pay- 
ment of interest at a rate not exceeding live per cent, per an- 
num; provided, hoioever, that the Commonwealth shall never at 
any one time stand indebted to said Corporation, without their 
consent, for a larger sum than twenty thousand dollar.N. 

Sect. 6. ^« i7/lo-//}erfnrtr<erf. Thai any Committee special- 
ly appointed by the Legislature for that 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 
on such examination, it shall be found, and after a full hear- 
ing of said Corporation thereon be determined by the Legis- 
lature, that said Corporation have exceeded the powers herein 
granted, or failed to comply with any of the rules, regulations 
Forfeitures. ^^ Conditions in this act provided, the Corporation shall there- 
upon be declared forfeited and void. 

Sect. 7. De it further enacted, That the persons herein be- 
fore named, or a majority of them are authorized to call a 
First »■ " 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 
New-Bedford Mercury, printed at New-Bedford, and by post- 
ing up notifications in one or more public places in the town 
of New-Bedford and the town of Fairhaven, for the purpose 
of making, ordaining and establishing such by-laws, ordinan- 
ces and regulations for the orderly conducting the aflairs 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. 

Sect. 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 may require, 
Semi-annual accurate and just statements of the amount of the Capital 
report. 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 
Bmks on hand ; which statement shall be signed by the Di- 
rectors and attested by the Cashier, and shall be verified by 
oath or atlirmation before some person competent to adminis- 
ter the same. 

Sect. 9. 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, 
Additional ^ ^^^ ^q,. exceeding fifty thousand dollars, to be added to the 
Capital Stock of said Corporation, subject to such rules, regu- 
lations and provisions, as shall be by the Legislature made 
and established as to the management thereof. 

Sect. 10. Be it further enacted. That the ?aid Corporation 



1815. Chap. 88—89. i05 

shall be liable to pay to nny boyia fide holder, the original Shall payai- 
atnount of any note of said Bank altered in the course of its ^'^^'^'^ """*' 
circulation to a larger amount, notwithstanding sue h alteration. 

Sect. 11. Beitfurfher enacted, That the said Corporation, 
from and after the first day of April in the year of our Lord 
one thousand eight hundred and seventeen, shall pay by way 
of tax to the Treasurer of this Commonwealth, 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 Tax to State. 
the original stock which shall have actually been paid in ; 
provided however, that the same tax, payable in manner as 
aforesaid, shall be required by the Legislature of all Banks 
hereafter incorporated within this Commonwealth ; and pro^ 
vided further, that nothing herein contained shall be constru- 
ed to impair the right of the Legislature to lay a tax or excise 
upon any Bank already incorporated under the authority of 
this Commonw^ealth, whenever they may think proper so to 
do. 

Sect. 12. Be it further enacted, That one tenth part of the 
whole funds of said Bank shall always be appropriated to loans 
to Viv made to the citizens of this Commonwealth, and where- 
in the Directors shall wholly and exclusively regard the Ag- 
ricultural and Manufacturing interest; which loans shall be 
made in sums not less than one hundred dollars, nor more than 
five hundred dollars, and on the personal bond of the bor- 
rower with collateral security by 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 i-edemption as is by law provided in other cases. [Fe6. 10, 
1816.] Add. act— 1821 ch. 6. 

An Act to establish the Fourth Congregational Society in the town of Plymouth. Chap* 89. 

Sect. 1. BE it enacted hy the Senate and House of Repre- 
sentatives in General Court assembled, and hy the authority of 
the same. That Silvanus Finney, Solomon Finney, Stephen 
Doleii, Isaac Howland, John Doten, Nathan Whiting, Stephen persons incor^ 
Doten, jun. Caleb Morton, Lemuel Leach, jun. Henry How- porated. 
land, Ichabod Howland, Thomas Chiles, George R. Wiswall, 
Jam.es Morton, jun. William Burgess, jun. Barnabas Holmes, 
3d. Job Hill, Ephraim Morion, Alexander Ripley, Zaben 01- 
ncy, Caleb Finney, Charles Howland, George Finney, William 
Howland, Nathaniel Clark, 3d, Hosea Churchill, Henry Cas- 
sady, Elkanah Finney, Finney Leach, Clark Finney, Robert 
Finney, Ephraim Finney, Seth Finney, Bartlet Holmes, Lemu- 
el Leach, John Clark, John H. Clark, William C. Nye, Ezra 
Burbank, Caleb Fish. Gilbert Holmes, Ebenezer Holmes, 
Samuel Howland, Elisha Doten, Francis McGill, Ephraim 
Bradford, Freeman Mortot^, William Clark, Prince Manter, be, 
and hereby are incorporated into a parish, by the name of The 
Fourth Congregational Society in Plymouth, with all the privi- 
leges, powers and immunities which other parishes in this 
Commonwealth are entitled to by law. 

VOL. V. 14 



1 06 1815. Chap. 89—93. 

Sect. 2. Be it further enacted, That any Member of saic? 
Society, or any Member of the first and third parishes in Ply- 
Mayjoinmem- mouth, shall have full liberty to join themselves with their fa- 
bersbip. milics and estates that they hold in their own right, to said So- 

ciety, or said first and tliird parisiies respectively, at any 
time within two years from the passing of this act; provided 
they shall first signify in writing under their hands to the Clerk 
of said town of Plymouth their determination of being con- 
sidered as belonging to the Society or parish to which they 
may join themselves as aforesaid. 

Sect. 3. Be it further enacted. That forever after the expira- 
tion of the said tuo years, any member of said Society, or any 
member of the first and third parishes aforesaid, shall be con- 
sidered as belonging to said Society, or said first or third pa- 
rishes respectively, with his familj,' and estate, by signifying 
his determination in writing to die Clerk of said town as afore- 
said, and at the expiration of eighteen months after signifying 
such determination in manner above said ; provided the parly 
applying shall not have withdrawn said application before the 
expiration of said term. 

Sect. 4. Be it further enacted, That the members of said 
Society, and said first and third parishes respectively and their 
families, shall be deemed and consiflered as continuing mem- 
Pnviegcs. bers of said Society, and said first and third p.irishes respec- 
tively, with their estates, for the time being, until their relation 
shall be changed, in manner as above prescribed. 

Sect. 5. Be il further enacted, That the estate real and per- 
sonal of anj"^ member of said Society or of said first and third 
Property taxa- parishes, shall bc taxable by said Society or said first and third 
parishes respectively, only in, by and for the Society or parish 
to which the person owning such property shall or may belong 
at the time of making such tax ; and any person leaving said 
society or either of said parishes in manner as above mention- 
ed, shall be holdcn to pay all taxes remaining assessed upon 
him at the time of his ceasing to be a member of said Society 
or said first and third parishes respectively. 

Sect. 6. Be it further enacted, That the word estate men- 
tioned in this act, so far as it relates to real estate, shall extend 
Power limited. Only to such real estate as the members of said Fourth Congre- 
gational Society, and of the said parishes hold or may hold in 
their own right ; and that any Justice of the Peace for the 
county of Plymoulh is hereby authorized to issue his Avarrant 
to some member of the said Fourth Congregational Society, 
requiring him to iiolify 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 empow- 
ered and required to choose at their annual meetings. \_Feb. 
10, 1816.] 

ChaV 93. ■^" ^^^ '" ^'^''^''^'O" ^^ ^" "^'^^' entitled, <'An Act in adtlitioii to an Act, entitled, au 

'' ' act to incorporate the President, Directors and Company of the Pawtucket 

1813 ch. 2.^. Bank." 
lt!14 ch. 65. 

BE it enacted by the Senate and House of Representatives, 

in doicrnl Court assf:mbl''d. and hi/ (he avlhorily of the sarnr^ 



1015. Chap. 93—95. 107 

That so much of an act, entitled, " An act in addition to an act, 
entitled an act to incorporate the President, Directors and 
Company of the PawLucket Bank," as regards the times at Time allowed, 
which tlic Stockholders of said Bank are required to pay in 
their third and fourth instalments of the Capital Stock thereof, 
be, and hereby is repealed ; and that the Stockholders of said (Altered by 
Bank he, and they hereby are rc(juircd to pay in the third and isi? ch. 68. 
fourth instahnents of the Capital Slock of said Bank at the fol- ^8i8ch.5i.) 
lowing periods, to wit — (he third instalment on the first Tues- 
day in February, in the year of our Lord one thousand eight 
hundred and eighteen ; and the fourth in'=;talmcnt on the first 
Tuesday of August, then next following, or at such earlier times 
as the Stockholders at any meeting thereof may order. '[Feb. 
13, 1816.] Further act 1817 ch. 08: 1818 ch. 51. 

An Act to incorporate the Trustpcs of the Westerly School in Boxhury. Chap. 94. 

Sect. 1, BE it enacted by the Senate and House of Represeu' 

iatives in General Court assembled, and by the authority of the 

same, That the Committee, Treasurer and Clerk, for the time 

being, of the Wcstei-ly School in the town of Roxbury, be, and Body politic. 

they hereby are iticorporated and made a body politic and 

corporate, hy the name of the Trustees of the Westerly School 

fund in Roxbury. 

Sect. 2. Be it further enacted^ That the said Corporation 
may have and use a common seal, and shall be capable of su- 
ing and being sued in any actions, real, personal or mixed, in 
any Court having jurisdiction thereof; shall or may take and May hold real 
hold in fee simple or otherwise, hy purchase, gilt, grant or de- estate, &c. 
vise, any estate, real, personal or mixed, and may sell and dis- 
pose of the same at pleasure, not using the same in trade ; may 
make and execute any by-laws and rules for the government of 
the Corjioration, and may appoint such olhcers, and invest theni 
with such powers as the Trustees may think expedient, not re- 
pugnant to the Laws of this Commonweallh. 

Sect. 3. Be it further enacted^ That any note, bond, mort- 
gage, or other securitj^ which may have been made payable to 
the Treasurer of the said Westerly School district, shall remain 
good and valid in the hands of the said Trustees as if made 
payable to them; and the income of the fund shall be applied Application oi' 
toward the sup}:)ort of the said School agreeable to the will and ""^"'"*-'* 
intention of the donors, so far as the same can be known. 

Sect. 4. Be it further enacted, Tliat meetings for the choice 
of the oificei-s aforesaid, may be called in the same manner that 
meetings are called for liuilding and repairing school houses, Meeimgcalled. 
and the said ofFicers may be chosen annually, or for a longer 
time, as the district, when legally convened for that purpose, 
by a major vote shall determine. [Feb. 13, 1816.] 

An Act to incorporate the Trustees of the Ministerial Fund ia the first parish in Qf^p^ g^, 
Amherst. •' * 

WHEREAS certain persons, inhabitants of the first parish 
in Amherst, in the county of Hampshire, have already sub- 
scribed a considerable sum of money to constitute a permanent j.^^tVon.'""'^^ " 
fund for the support of the ministry of the Gospel and the Con- 



108 



1815. 



Chap. 95. 



gregational worship, in said parish, and have by their pctitioi/. 
prayed this Legislature to incorporate trustees for the due ma- 
nagement of said Fund, and vest them with the power necessary 
for the accomplishment of that object. 

Sect. 1. Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same. 
That Noah Webster, Rufus Cowles, Moses Hastings, Enos Ba- 

Triisteestobe j^gj.^ ^^^ Calvin Merrill, be. and they are hereby appointed 
Trustees to receive and hold all such sums of money as now 
are or hereafter may be subscribed for the aforesaid purpose, 
and also to receive and hold any estate, renl or personal, that 
may be given or beque:ithed to them as Trustees, for the said 
purpose. And the said Trustees are hereby authorized and 
empowered to demand and receive from the Treasurer of the 
parish, all notes, obligations or other securities which have been 
or may be given for any sum or sums of money subscribed for 
the purpose aforesaid, and the same to hold tor the sole use 
and benefit of said parish : provided the amount of the said sum 
shall not exceed twelve thousand dollars. And the said Trus- 
tees are hereby constituted a body politic and corporate to 
have perpetual succession, with power to supply all vacancies 
in the trust, to appoint such officers as they shall deem neces- 
sary or expedient for transacting the business of said Corpora- 
tion, and to do and execute whatever may be necessary or use- 
ful towards a faithful management of said Fund. 

Sect. 2. Be it further enacted. That the Trustees before 
named and their successors in office, be, and are hereby invest- 
ed with full power to receive all sums of money, notes, bonds 

Duties of Tius- or obligations, and all deeds, bequests, legacies and donations 
that may be given or made to them in trust for the benefit of 
said parish as aforesaid, and to collect the interest or rents and 
profits of the same annually, and also to collect the principal 
sum when due and payable, or require security for the pay- 
ment, when, in their apprehension, the debts are in danger of 
being lost. And in order to accumulate the Fund, according 
to the design of the subscribers, they are hereby authorized to 
add the annual interest to the principal, placing the whole at 
interest on good security, until the whole Fund shall amount to 
ten thousand dollars. But nothing in this act shall authorize 
the said Trustees to use or apply any money given for the pur- 
pose aforesaid, in any manner contrary to the direction of the 
subscribers or donors. 

Sect. 3. Be it further tnacted. That the said Trustees may 
hold, sell or lease any real estate,' given, bequeathed or mort- 
gaged to them for the support of the Ministry in said parish as 
aforesaid. 

Sect. 4. Be it further enacted. That when the Fund afore- 
said shall amount to the sum often thousand dollars, the whole 
of the rinnual interest, rents and profits of the same shall be 
annually paid by said Trustees to the Treasurer of the parish, 
and by him applied to the payment of the salary of the settled 
Congregational Minister of said parish : And the said Trustees, 
shall, at the annual meeting of said Parish, in March or April, 



tees 



Powers of 
Trustees. 



Appropriation 
of funds. 



1815. Chap. 95— 101. 109 

exhibit to the said parish their account with the Treasurer, ex- 

pressiiij^ the receipts and pnyments, with the state of the funds: 
and the Treasurer shall exhibit his account with the said Trus- 
tees to the parish at the same meeting ; and the said parish, at 
their discretioti, may appoint auditors, not exceeding three in 
number, to examine said accounts and the vouchers, and make 
report to the said parish of the state of the fund, with the re- 
ceipts and disbursements. 

Sect. 5. Be it further enacted, That the interest of any mo- 
ney or donation, not intended to form a part of the accumulat- 
ing fund aforesaid, shall be annually paid over to the Treasu- 
rer of the said parish, by the said Trustees, to be applied to of interest of 
the payment of the salary of the Minister of said parish, in the fund. 
manner prescribed by the fourth section of this act. 

Sect. G. Be it further enacted/Fhat. Noah Webster, Esq. be, 
and he is hereby authorized and empowered to call the first Meeting called, 
meeting of the Trustees aforesaid, at such time and place as he 
shall deem expedient. [Feb. 13, 1816.] 

An Act in further addition to an Act, entitled, " An Act in addition to an Act, Chr/n QS 
entitled, An Act to incorporate the President, Directors and Company of the ,„,^' ! ",„* 
. Hampshire Bank." 1813 ch. 59. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
so much of an Act, entitled, "An Act in addition to an Act, en- (i8i4 di.°i25.) 
titled, An Act to incorporate the President, Directors and Com- 
pany of the Hampshire Bank,"' as regards the time at which 
the stockholders of said Bank are required to pay in their 
fourth instalment 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 their said fourth instalment 
of the capital stock of said Bank on the first day of March, in 
the year of our Lord, one thousand eight hundred and seven- 
teen". [Feb. 13, 1816.] Further act— 1817 ch. 33. 

An Act to incorporate The Proprietors of certain Meadows in Sudbury and East nhn-n 101 
Sudbury. -« * 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That all the proprietors and owners of meadow lands si- proprietors in- 
tuated in (he towns of Sudbury and East Sudbury, which are corporated. 
adjoining Sudbury river, so called, from the line of the (own of 
Framingham to the line of (he town of Concord, and which 
have been flowed in the summer season, from and after the 
passing of this Act, be, and they hereby are incorporated into 
a body politic, by the name of The Proprietors of Meadows 
in Sudbury and East Sudbur3% and by that name may sue and 
be sued, and do and suffer all matters, acts or things which bo- 
dies politic may or ought to do and suffer. 

Sect. 2. Be it further enacted. That said corporation shall jyjjj , ^ 
have power to clear said river, by removing the sand banks, 
liars, and other natural obstructions, and hy cutting and clear- 
ing the grass that grows in said river, whether the same be 
within the limits of said to^yns or not ; and that the said corpo- 



no 



1815. 



Chap. 101. 



Meetings 
warned. 



Ofl'icers to be 



Powers. 



Future nieet- 

jilgS. 



AsscFsincnt. 



ration, in their corporate capacity, may maintain an action of 
the case in any court proper lo try the same, for any unlawful 
obstructions put in or kept up in said river, either within the 
limits of said towns or elsewhere, by reason of which said niea- 
dow may in any wise be injured. 

Sect. 3. Be it further enacted, That any justice of the peace 
in the county of Middlesex be, and he hereby is empowered 
and directed, upon application in writing from five or more of 
said proprietors, to issue his warrant lo any one of the proprie- 
tors aforesaid, requiring him to notify and warn the said pro- 
prietors to meet at such time and place as he shall deem most 
convenient, and for the purposes to be expressed in said war- 
rant, by posting up copies of said warrant with the notification 
thereon, at the several houses of public worship in said 
towns of Sudbury and East Sudbury, fourteen days at least 
prior to the time of holding said meeting; and the said proprie- 
tors, when legally assembled as aforesaid, shall have power to 
choose a clerk, committee, assessors, collector of taxes, treasu- 
rer, and such other officers as they shall deem necessary, 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 room, which may be when, and as often as said cor- 
poration shall judge necessary: which officers chosen and 
sworn as aforesaid shall have the same power to perform, exe- 
cute and carry into effect any vote or lawful order of said cor- 
poration, as town officers of the like description have by law 
to lio and perform in their respective offices ; and the said cor- 
poration shall at their first meeting agree and determine upon 
a method of calling future meetings; and the said corporation 
at any meeting legally called for that purpose, may vote to 
raise monies for the purposes of removing obstructions in said 
river, and for draining and better managing said meadows, and 
for carrying the votes and orders of said corporation into elTect ; 
and all monies raised as aforesaid, shall be assessed upon each 
proprietor in proportion to the interest he or she may have in 
said meadows; and if any proprietor shall refuse or neglect to 
pay the sum or sums assessed upon him or her as aforesaid, for 
the space of ninety days after the assessment shall have been 
shewn to him by the collector, or a copy thereof left at his 
usual place of abode, so much of his or her meadow shall 
be sold by the collector as will be sufficient to pay the same 
with cost; notice of such sale to be given by the collector by 
posting up advertisements thereof at the several houses of pub- 
lic worship in the towns of Sudbury and East Sudbury, thirty 
days prior to the sale, with the names of the proprietor 
or proprietors, the amount of taxes assessed upon their 
meadow land respectively, and also the time and place of sale; 
and if no person shall appear thereupon to discharge the said 
taxes and all intervening charges, then the collector shall pro- 
ceed to sell at public auction to the highest bidder, so much 
only of said meadow land as shall be sufficient to discharge 
said taxes, and all intervening charges; and shall give and exe- 
cute a deed or deeds to the purchaser or purchasers, his or her 



1815. Chap. 101-— 102. Ill 

heirs and assigns, expressing therein the cause of such sale, Redemption, 
saving to such delinquent proprietor or proprietors the right of 
redeeming the same for the space of one year, by paying the 
said purchaser the sum he may have given therefor, and inte- 
rest after the rate of ten per centum per annum. And the said ^^^^^ ^^^^^ ^^^ 
corporation may at their first meeting, or any future meeting guiatio'ns. 
legally called, establish such rules and regulations as shall be 
judged necessary, provided the same are not contrary to the 
constitution and laws of ihis Commonwealth, for the better ma- 
nagement of its affairs, for which purpose, in addition to the 
power and authority in this Act given them, they are hereby 
invested with all the powers legally appertaining to the proprie- 
tors of general and common fields. [Fe6. 13, 1816.] 

An Act to establish an Academy in the Town of Amherst, in the county of Hamp- Chcip. 102. 
ehire. 

WHEREAS sundry persons, inhabitants of Amherst, in the 
county of Hampshire, have, at the expense of five thousand 
dollars, erected a suitable building for an Academy in said town, 
and have procured an able instructor to teach the usual Aca- 
demical branches of learning, and it appears that said town is 
a suitable place for such an institution : 

Sect. 1. Be it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled, and by the authority of the 
same, That there be, and hereby is established in the town of 
Amherst, an Academy, by the name of Amherst Academy, for 
the purpose of promoting morality, piety and religion, and for 
the instruction of youth in the learned languages, and in such 
arts and sciences as are usually taught in other Academies, or 
as shall be directed by the trustees; and David Parsons, Na- persons incor- 
than Perkins, Samuel T. Dickinson, Hezekiah W. Strong, Ru- porated. 
fus Cowles, Calvin Merrill, Noah Webster, John Woodbridge, 
James Taylor, Nathaniel Smith, Josiah Dwight, Rufus Graves, 
Winthrop Bailey, Experience Porter, and Elijah Gridley, be, 
and are hereby incorporated into a body politic, by the name 
of The Trustees of Amherst Academy, and that they and their 
successors shall be and continue a body politic and corporate, 
by the same name forever. 

Sect. 2. Be it further enacted. That all monies, lands, or 
other property and things already given, or which shall be 
hereafter given, granted, devised, bequeathed, transferred or 
assigned to the said trustees, for the purpose aforesaid, shall be 
and hereby are confirmed to the said trustees and to their suc- 
cessors in that trust forever ; and that the said trustees may ^ee Eimnip, 
have aad hold in fee simple, by gift, grant, devise, bequest, or 
otherwise, any lands, tenements, hereditaments, or other estate, 
real or personal; provided the annual income thereof shall not 
exceed the sum of five thousand dollars ; and may sell and dis- 
pose of the same, and apply the interest, rents and profits there- 
of in such manner as to promote the end and design of said in- 
stitution. 

Sect. 3. Be it further enacted, That the said trustees shall Power of tru?- 
have power, from time to time, to elect s\ich officers of the said ^^^^' 



112 1815. Chap. 102— -104 

Academy as they shall judge necessary, and to fix the tenures 
of their respecfive offices ; to remove any trustee from the cor- 
poration, when, in their opinion, he shall be incapable by rea- 
son of age or otherwise, of discharging the duties of his office; 
to fill all vacancies in said corporation by electing such persons 
for trustees as they shall think suitable; to determine the times 
and places of their meetings, the manner of notifying the trus- 
tees, and the method of removing and electing trustees; to pre- 
scribe the powers and duties of their several officers; to ap- 
point preceptors of the said Academy, to determine their powers 
and duties, and to fix the tenures of their offices, and to make 
and ordain rules and orders, with reasonable penalties, for the 
good government of said Academy, not repugnant to the laws 
of the Commonwealth. 
May sue and Sect. 4. Be it further enacted, That the said trustees may 
be sued. havc a common seal, which they may, at pleasure, break, alter 
and renew; and that all deeds signed and sealed with their 
seal, delivered and acknowledged by the treasurer or secreta- 
ry of said corporation, by order of said trustees, shall be good 
and valid in law ; and that the said trustees may sue and be 
sued, in all actions, real, personal, and mixed, and prosecute or 
defend the same to final judgment and execution, by the name 
of The Trustees of Amherst Academy. 
Officers limit- Sect. 5. Be it further enacted, That the number of said 
ed. trustees shall not, at one time, be more than fifteen, nor less 
than nine ; and five of them shall constitute a quorum for trans- 
acting business. 
Meetin-Ts call- Sect. 6. Be it further enacted, That the Reverend David 
cd. Parsons be, and hereby is authorized to appoint the time and 
place for holding the first meeting of the said trustees, and to 
give them notice thereof, in such manner as he shall judge ex- 
pedient. [Feb. 13, 1816 .] ^^^^^^ 

C/hap. 104. An Act to incorporate the Trustees of Hopkins Academy. 

WHEREAS it appears by the petition of Seth Smith and 
others, the committee of the donation school in the town of 
Hadley, that a fund heretofore given for the support of said 
school by the honourable Edward Hopkins, may be more con- 
veniently and advantageously directed to the furtherance of the 
benevolent objects of the donor by establishing a body politic 
for the management of the same : Therefore, 

Sect. 1. Be it enacted by the Senate and House of Representa- 
tive!;, in General Court assembled, and by the authority of the same. 
That there be, and hereby is established an academy in the 
town of Hadley and county of Hampshire, upon the foundation 
of the Hopkins donation school, to be known and called here- 
after by the name of Hopkins Academy, and that Seth Smith, 
Persons incor- William Porter, Jacob Smith, William Dickinson, and Moses 
liorated. Porter, the committee of the donation school aforesaid, be, and 

they hereby are incorporated into a bodj' politic by the name 
of the Trustees of Hopkins Academy ; and they and their suc- 
cessors shall be and continue a body politic by the same name 
forever. 



1815. Chap. 104—105. 113 

Sect. 2. Be it further enacted, That all the lands and monies property as- 
heretofore given or subscribed to the committee aforesaid for signed. 
ihg use of the said school, or which shall hereafter be given, 
granted and assigned to the trustees aforesaid for the use of the 
said academy, shall be confirmed to the said trustees, and their 
successors in that trust forever, for the uses designated by the 
donors: and they, the said trustees and their successors shall 
be further capable of having, holding and taking, in fee simple, Fee simple^ 
by gift, grant, devise or otherwise, any lands, tenements or oth- 
er estate, real or personal ; provided the annual income of the 
same shall not exceed five thousand dollars ; and that the rents, 
issues and profits thereof shall be applied in such a manner as 
that the designs of the donors may be most effectually promot- 
ed. 

Sect. 3. Be it further enacted, That the said trustees shall 
have power from time to time, as they shall determine, to elect chosen, 
such officers of the said academy as they shall judge necessa- 
ry and convenient, and fix the tenures of their respective offi- 
ces : to remove any trustee from the corporation, when in their 
opinion he shall be incapable, through age or otherwise of dis- 
charging the duties of his office ; to fill all vacancies by electing 
such persons for trustees as they shall judge best ; to determine 
the times and places of their meetings, the manner of notifying 
the said trustees, and the method of electing or removing them; 
to ascertain the powers and duties of their several officers ; to 
elect preceptors and instructors of the said academy, and de- 
termine the duties and tenures of their offices ; to ordain rea- 
sonable rules, orders and by-laws, not repugnant to the laws of Rules and re- 
this Commonwealth, with reasonable penalties, for the good guia-tions. 
government of the said academy, and to ascertain the qualifi- 
cations of students, requisite to their admission, and the same 
rules, orders or by-laws at their pleasure to repeal. 

Sect. 4. Be it further enacted, That the trustees of the said 
academy may have one common seal, which they may change 
at pleasure, and that all the deeds signed and delivered by their 
treasurer or secretary by their order, and sealed with their 
seal, shall, when made in their name, be considered as their 
deed, and as such to be duly executed and valid in law ; and 
that the trustees aforesaid may sue and be sued in all actions. May sue and 
real, personal or mixed, and prosecute and defend the same to ^^ ^^^^' 
final judgment and execution. 

Sect. 5. Be it furfher enacted, That tlip number of said trustees and their sue- , 
cessors, shall not at any one time be more than nine, nor less than five, and a ma- , ^'^^^ .qg^ 
jority of the whole number for the time being, shall constitute a quorum for trans- '^/^I'l ' 
acting business ; and a majority of members present at a legal meeting, shall de- ^^ 

cide all questions proper to come before the trustees. 

Sect. 6. Be it further enacted. That Seth Smith be, and he 
hereby is authorized to fix the time and place of holding the 
first meeting of the said trustees, and to notify them thereof* 
[Feb. 14, 1816.] Add. act— 1821 ch. 1. 

An Act to incorporate certain proprietors of Meadow and Woodland, within the Chap, 105s 
town of Topsfield in the county of Essex. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same^ 
VOL. V. 15 



114 1815. Chap. J05. 

Proprietors in- That fi'om and after the passing of this Act. all the proprietor.-* 
corpoiated. ^^ certain meadow and woodland lying in Topsfield, bounded 
as follows ; beginning at Ipswich river by Garden Meadow 
ditch, so called ; thence westerly by land of Robert Perkins, 
jun. and Joseph Batchcldcr, to the upland by land of Dudley 
Bradstrcct, thence northerly hy land of said Dudley Bradslreet, 
and heirs of Nathaniel Avcrell, Joseph Averell, heirs of Jacol) 
Averell, Solomon Averell, and Daniel Averell, to land of Isaac 
Averell ; thence easterly and northeasterly by land of said 
Isaac Averell and Asa Perkins to the river, and thence up, by 
and with said river to the ditch aforenamed, be, and they here- 
by are incorporated into a body politic, by the name of the 
Proprietors of the Hassocky and River Meadows in Topsfield. 
May sue and ^^^ ^ij ^j^^j name may sue and be sued, and do and sufler 
whatever other similar bodies politic may and ought to do and 
suffer. 

Sect. 2. Be it farllier cnacUd^ That the said Ipswich river, 
oun aiies,. ■^yheJ.p ^ver said meadow is bounded thereon, shall be, and 
hereby is made a legal fence. 

Sect. 3. Be it further enacted^ That any Justice of the Peace 
in the county of Essex be, and he is hereby empowered and 
directed, upon application in writing from three or more of said 
Justice to issue proprietors, to issue his warrant to one of the proprietors alorc- 
warrant. said, requiring him to notify and warn a meeting of said pro- 

prietors, at such time and place as he shall judge" most conve- 
nient, and for the purposes to be expressed in said warrant, by 
posting up copies of tlic warrant, with the notification thereoiu 
at some public place in said Topsfield, and in the town of Ha- 
milton in said county of Essex, seven days at least before the 
time for holding the meeting ; and the said proprietors, when 
thus legally assembled, shall have power to choose a clerk, who 
shall be sworn to the faithful execution of that olhce, in th<''. 
meeting, by the moderator, who is heieby autiiorized to ad- 
officcrstobe minister the oath accordingly; and also to choose a committee 
choscji. oj. committees, field-drivers, assessors, collector or collectors of 

taxes, and treasurer, who shall be sworn to the faithful dis- 
charge of the trust reposed in them, and continue to serve until 
others are chosen and sworn in their places, which may be an- 
nually ; and the clerk of the corporation or any Justice of the; 
Peace in the count}' of Essex, are hereby severally authorized 
to administer the oath to the above named ofiicers. which ol- 
cers chosen and sworn as aforesaid, shall have the same power 
to perform, execute and carry any vote or order of said cor- 
poration into full eflcct, as town officers of like description have 
isiay raise mo by law ; and Said corporation shall, at their first meeting, agree 
"'^^' and determine upon the method for calling fature meetings; 

and said corporation shall at their first meeting, or at any oth- 
er legal meeting called for the purpose, have power to vote and 
raise monies for the purpose of draining oft' any stagnant water 
from said meadow from time to time, as shall be found neces- 
sary, and to pay all other expenses that shall be found neces- 
sary for the better improving and management thereof; and 
all monies raised as aforesaid, shall be assessed upon each pro- 



1814 ch. 1. 60. 

Stock reduced. 



l«irj. CiiAP. 105—1 II 115 

prietor in proportion to the just value of such part of the mea- 
dow as he or she may own of the same ; and if any proprietor 
shall refuse or neglect to pay die sum or sums assessed upon 
him or her as aforesaid, after ninety days notice, so much of 
his or her meadow land shall be sold as will be sufficient to pay 
the same with legal cost, in tlic same way and manner as non- 
resident proprietors lands in this Commonwealth are sold to 
})ay taxes. 

Sect. 4. Be it further enacted. That said proprietors shall 
make and maintain their several proportions of the fence in- Fences appor- 
closing said general and common field, according to the num- 
ber of acres they shall severally own of the same, to be appor- 
tioned in the same way and maimer as is provided in a law 
])assed FebruarjMwenty-fourlh, one thousand seven hundred (17S5 ch. 53.) 
and eighty-six, " concerning general and common fields," for 
apportioning and assigning to each proprietor his share of the 
general fence of the same. [Feb. 14, 1816.] 

An Act authorizing the President, Directors and Company of the Springfield Bank Chap. 110. 
to reduce the amount of their capital slock. 1813 ch. 90 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this Act, the capital stock of the 
President, Directors and Company of the Springfield Bank 
shall be one hundred thousand dollars, the number of shares 
to be the same as at present established by law, and that the 
sum necessary to complete the said capital, shall be paid in by 
the first day of April next, any thing in the several Acts to 
which this is in addition to the contrary notwithstanding. [Feb. 
14, 1816.] See 1817 ch. 54. 115. 

An Act to regulate the Fishery within the town of Middleborough in the county Chap. 111. 
of Plymouth. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That from arfd after the passing of this Act it shall not be lawful piohibinon. 
for any person or persons (except as is hereinafter provided) 
to catch or destroy any of the fish called alewives within the 
limits of the town of Middleborough, or in Titicut river, so call- 
ed, either within the limits of the towns of Middleborough, 
Bridgewater or Raynham ; provided however, that it shall and i',oviso. 
may be lawful for the inhabitants of said town of Middlebo- 
rough to catch said fish with scoop nets or set nets only at the 
following places in said Middleborough, to wit ; at Oliver's works, 
(so called) three days in each week only, to wit, on Mondays, 
Tuesday's and Wednesdays, beginning at midnight next suc- 
ceeding Sunday and ending at midnight next succeeding Wed- 
nesday ; [at the Old Stone Ware four days in each week, to wit, [^\^^[^^^ J'J^ 
on Tuesday, Wednesday, Thursday and Friday, beginning at Time^or fish- 
midnight next preceding Tuesday, and ending at midnight next i„g. 
succeeding Friday ;] and at Assawampset brook, three days in 
each week, to wit", Monday, Tuesday and Wednesday, begin- 
ning at midnight next succeeding Sunday and ending at mid- 
Eight next succeeding Wednesday 5 provided also that the said Proviso, 



}U 1815. Chap. Ill 

town of Middlehorough shall, at a legal town meeting, dispose 
of and grant upon such conditions, and under such restrictions 
and regulations as said town shall establish for that year, and 
so from year to year, the sole privilege of catching alewives 
with scoop nets or set nets only, on the days and at the places 
designated by this Act to such person or persons, as shall give 
most for the same, and give sufficient security for payment, such 
person or persons so purchasing to have the right to take fish, 
and no other person whatever. 

Fines for stop- Sect. 2. Be it further enacted. That if any person or persons 

ping fish. shall, at any time or place other than those admitted by this 

Act, catch or destroy any of the fish aforesaid, or, by any oth- 
er means whatever, shall interrupt, impede or hinder the pas- 
sage of said fish up the streams, brooks and ponds within said 
town, or in Titicut river, which divides said town of Miildlebo- 
rough from the towns of Bridgewater and Raynham, or any of 
the waters connected therewith, within the limits of either of 
said towns, he or they shall forfeit and pay a sum not exceed- 
ing twenty dollars, nor less than five dollars, to be recovered 
by indictment, complaint, or action of debt, in any court pro- 
per lo try the same ; one half to the use of the said town of 
Middleborough, the other half to him who shall prosecute or 
sue for the same. 

Sect. 3. Be it further enacted, That if any person or persons 

May seize nets. ]-,g found fishing with any seine or net, or other machine and 
instrument, or any seine or other instrument which shall be used 
by any person or persons, contrary to the true intent and mean- 
ing of this Act, it shall be lawful for any person to seize and 
take such seine, net, or other instrument to his own use : and if 
prosecuted therefor, to plead the general issue and give this 
Act in evidence, as though the same had been specially pleaded. 

„ . , . Sect. 4. Be it further enacted. That said town of Middlebo- 

Committee to iin i i --i i,-t,ii 

be chosen an- rough shall, at the annual meetmg m the month of March or 
nuaiiy. April in each year, choose four or more persons, being free- 

holders in said town, whose duty it shall be to se5 that this Act 
be duly observed, and to prosecute for all breaches thereof; 
and each person, so chosen, shall be sworn to the faithful dis- 
Fines for neg- chargc of his duty : And if any person so chosen shall refuse 
lectofduty, to scrve, he shall forfeit and pay, to the use of said town of 
Middleborough, the sum ol five dollars, to be sued for and re- 
covered by the town clerk of said town ; and said town shall 
immediately proceed to a new choice. 

Sect. 5. Be it further enacted, That all laws heretofore made 

for the regulation of the fisher}^ in the said town of Middlebo- 

Act repealed. Fough be, and the same hereby are repealed : Provided, never' 

(1301 ch. 65.) theless, that an Act passed on the sixth day of March, in the 

year of our Lord one thousand eight hundred and two, for the 

preservation and regulating the taking of iish called alewives, 

in the brook running from the west Quiticus pond, to the east 

Exception. Quiticus pond, shall be and remain in full force ; any thing in 

this Act to the confrar}'' notwithstanding. 

Sect. 6. Be it further enacted. That any Justice of the Peace 
for the county of Plymouth shall be deemed and considered 



1815. Chap. 113—116. 117 

-competent to try any action, complaint, or suit, prosecuted un- Justice may 
der this Act, notwitlistandini^ said Justice may be an inhabitant tfy tenons, 
of the said town of Middleborough. [Feb, 14, 1816.] See 
1819 ch. 137. 

An Act in furtiier addition to an Act, entitled, " An Act for establishing a corpo- (Jhap, J ] 3, 
ration, by the name of The Sixth Massachusetts Turnpike Corporation." 1799 rh 21 

Sect. 1 . BE it enacted by the Senate and House of Representa- (v. 2. p. 327.) 
iives, in General Court assembled, and by the authority of the same, ,^' ^ ' ^^^ . 
That the Sixth Massachusetts Turnpike Corporation be, and ip,ooch.35. 
they hereby are authorized and empowered to remove the (y- 2- p- 405.) 
gate now standing on said road in Rutland, to any place on (v, 3^ p. 506.) 
said road which they may elect between the house of Levi jyj^ remove 
Bartlett, in Rutland, and the Warner road, so called, in Hoi- gate. 
den. 

Sect. 2. Be it further enacted. That the said corporation 
be, and they hereby are authorized and empowered to remove 
the gate now standing on said road in Holden, to any place on 
said road which they may elect in Shrewsbury; provided that Proviso, 
the same be not placed at a distance of more than one mile, 
as the said road runs from the dividing line between the towns 
of Worcester and Shrewsbury. [Feb. 14, 1816.] Further 
acts— 1817 ch. 31 : 1820 ch. 26. 

An Act to incorporate the Town of Southbridge. Chov, 116. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That all the parts of the towns of Sturbridge, Charlton and 
Dudley, as contained and described within the following boun- 
daries, be, and the same is hereby established as a separate 
town, by the name of Southbridge, viz. beginning at the south Boundaries, 
east corner, being a heap of stones on Connecticut line ; thence 
running north, nine degrees west, eighty-nine rods, to the great 
monument, so called; thence continuing the same course four 
hundred and twenty rods further to a white oak tree marked, 
at the northeast corner of Sturbridge, projecting into Dudley; 
thence north, seventeen degrees east, five hundred and twenty 
rods to a stake and stones on the east line of Luther Ammi- 
don's farm; thence north, thirty-one and an half degrees east, 
one hundred and two rods, to a black oak tree marked; thence 
north, five and an half degrees east, eighteen and a half rods, 
to said Arntriidon"'s northeast corner ; thence west, eleven de- 
grees south, fifty-one rods to Eliakim Chamberlain's southwest 
corner; thence north one degree west, one hundred and three 
rods to a northwest corner of Eliakim Chamberlain's land; 
thence east nine and an half degrees north, forty rods ; thence 
east eighteen degrees north, twentjr-seven and an half rods to 
a southeast corner of said Ammidon's land ; thence north two 
and an half degrees east, fifty-eight rods to another northeast 
corner of Luther Ammidon's land ; thence west, eleven degrees 
south, thirty-two and an half rods to another southwest corner 
of said Chamberlain's land; thence north, twenty-three and an 
half de^^rees east, thirty-four and an half rods to a stake and 
stones; thence north thirty degrees east, fifteen rods to a stake 
and stones ; thence west twelve degrees north, thirty rods to a 



lis 1815. — -ChaC. 116. 

poplar staddle on Calvin Ammidon's east line ; thence north 
one and an half degrees west on said Calvin Ammidon's east 
line, and crossing a small pond, two hundred and twenty-seven 
rods to a stake on his north line in a cedar swamp; thence 
west fourteen and an half degrees south, forty-five and an half 
rods to Royal Ellis's southeast corner; thence west eleven and 
an half degrees south, forty-one rods to said Ellis's southwest 
corner; thence west thirty-one and an half degrees north, five 
hundred and eighty-eight rods to the southwest corner of Ben- 
jamin Doughty, jun's farm; thence west fifteen and an half 
degrees south, eighty-four rods to a stake and stones on Stur- 
bridge east line ; thence southerly on said line, one hundred 
and eighty-three rods to the southeast corner of Henry Fiske's 
land; thence west forty and one quarter degrees south, three 
hundred rods to the northwest corner of Captain Jacob Endi- 
cot's farm; thence south thirteen and an half degrees west, in 
his west line, one hundred and thirty rods to the middle of 
Quinebaug river; thence running up the middle of the river 
about four hundred and sixty-one rods to a slake and stones 
on the north side of the river; thence south twenty-six degrees 
"west, three hundred and twelve rods to a stake and stones; 
thence south, thirty-eight degrees west, seven hundred and 
eighty rods to a stake and stones on Connecticut line ; thence 
easterly on the north line of Woodstock, in Connecticut, about 
seventeen hundred rods, to the corner first mentioned, or de- 
scribed ; containing twelve thousand four hundred and two and 
a half acres, including all the inhabitants within the above de- 
scribed lines or boundaries. And the said town of Southbridge 
is hereby vested with all the powers and privileges, and is also 
subjected to the same duties and regulations of other towns, 
according to the constitution and laws of this Commonwealth. 

Taxes paid up. Sect. 2. Beit further cnacicd^ That the inhabitants and pro- 
prietors of land, in the said town of Southbridge, shall be hol- 
den to pay their proportion of all taxes already voted to be 
raised, and shall have been assessed at the time of passing this 
Act, by the towns of Sturbridge, Charlton and Dudley, and 
also to pay their proportion of all public debts due and owing 
by the said towns of Sturbridge, Charlton and Dudley, at the 
time of passing this Act. 

j»ubiic aims. Sect. 3. Beit further enacted, That said town of Southbridge 

shall be entitled to demand and receive of the said towns of 
Sturbridge, Charlton and Dudley, its proportion of all the 
town's public stock of arms, ammunition, legacies and bequests, 
or any other town property whatsoever, the said towns of 
Southbridge, Charlton and Dudley were possessed of, or entit- 
led to, at the time of passing this Act. Said town of Southbridge 
is also to be entitled to the benefit of a certain bond given by 
Jedediah Marcy, deceased, to the inhabitants of the town of 
Charlton, for the purpose of supporting the Marcy bridge, (so 
called) within said town of Southbridge, for a certain time in 
said bond expressed. 

Town poor. Sect. 4. Be it further enacted, That the inhabitants of the 

said town of Southbridge shall support and maintain all suck 



Justice to issue 
warrant. 



1815. Chap. 116—119. ^1^ 

^>ersons, as heretofore have been, now are, or hereafter may 
be, inhabitants of those parts of Sturbridge, CharUon and Dud- 
ley, hereby incorporated, and are or may become chargeable, 
according to the laws of this Commonwealth, and who have 
not obtained a settlement elsewhere therein. 

Sect. 5. Be it further enacted, That any justice of the peace 
for the county of Worcester, is hereby autliorized to issue his 
warrant, directed to a freeholder of said town of Southbridge, 
requiring him to notify and warn the inhabitants to meet at 
such convenient time and place as may be appointed in said 
warrant, for the choice of such officers as towns are by law 
required to choose, or appoint, at their annual town meeting in 
March or April. [Feb. 15, 1816.] 

An Act to authorize the town of Chelsea to erect certain Mills therein. (^hap. 118. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the inhabitants of the town of Chelsea be, and they are 
hereby authorized and empowered to build a Dam across a powers 
creek or river in said town, called Mill river, at or near the granted. 
Poor-house in said town, and to erect and build suitable Grist 
Mills thereon, and to sell and lease the same Mills for such con- 
sideration, and on such conditions as they think proper. 

Sect. 2. Be it further enacted. That the inhabitants of said 
town be, and they are hereby authorized to raise such a sum Assessment to 
of money, as, at any town meeting, legally warned for this be made, 
purpose, shall be voted to be raised for the purpose of building 
said Dam and Mills, and for the payment of all damages which 
may be sustained by reason of the erection of said Dam and 
Mills, and for the proper management of the same ; and the 
Assessors of said town, for the time being, may issue their 
warrants to collect the same ; and the said town, and all town 
officers, may proceed therein in all respects, as in the assess- 
ment and collection of other town taxes : Provided ahmys, Proviso, 
That the inhabitants of said town shall be holden to indemnify 
all individuals having a right by prescription, or otherwise, to 
erect a Mill on said river, for such damage as they ma}'^ sus- 
tain by reason of the erection of the Dam aforesaid. \_Feb. 15, 
1816.] 

An Act to regulate the Fishery in Taunton Great River. Ckwo. 119. 

Sect. 1. BE it enacted by the Senate and House of Representa- Repealed 
iives, in General Court assembled, and by the authority of the same, (e.xceptas to' 
That from and after the twentieth day of March next, it shall Miridubo- 
not be lawful for any person or persons (except as is hereinaf- '°"si'0 
ter provided) to catch Alewi^'es, or any other fish with seines 
or nets in Taunton great river ; Provided, That it shall and may 
be lawful, for the inhabitants of the several towns situated on General 
said river, to catch Alewives and other fish within the bounds regulations^, 
of their own towns, and no where else, with seines or nets, four 
days in each week, only," to wit, on Monday, Tuesday, Wed- 
nesday and Thursday, beginning at midnight next succeeding 
Sunday and ending at midnight next succeeding Thursday in 
each week ; and provided that the towns of Dighton and Wei- 



120 1815. Chap. 119. 

lington shall draw or sweep with two seines or nets enly ; the 
town of Berkley shall draw or sweep with two seines or nets 
only; the town of Taunton shall draw or sweep with three 
seines or nets only ; the town of Raynham shall draw or sweep 
with two seines or nets only ; and the town of Somerset shall 
draw or sweep with three seines or nets only, in said river, 
within the time before mentioned ; and no person shall be per- 
mitted at any time to set any seine or net across said river, or 
in any part thereof, or in any waters connected with the said 
river, or make use of any seine or net of more than twenty 
Proviso, rods in length ; Provided also^ that each of said towns shall at a 

legal town meeting, establish annually the places where the said 
seines or nets may be used within the bounds of the respective 
towns exclusively, and at the same meeting or an adjournment 
thereof, dispose of and grant for that yeir, and so from year 
to year, the sole privilege of catching Alewives, or other fish 
with seines or nets on the days above mentioned, at the places 
so established, to such person or persons, as shall give the 
most for the same, and give sufficient security for payment at 
such time and in such manner as the respective towns shall 
order such person or persons, so purchasing the privilege, to 
have right to fish, and no other person whatever. 

Sect. 2. Be it further enacted, That if any person or per- 
sons shall draw any seine or net on any day or time other 
Penalties. than those before mentioned, or at any place other than those 
established by the town, as aforesaid, or shall on any day or 
at any place, set a seine or net in or across said river, or any 
part thereof, or in any waters connected with the same, he 
shall forfeit and pay fifty dollars for each and every such of- 
fence, to be recovered by indictment or information, or by ac- 
tion of debt, in any court proper to try the same ; the one half 
thereof to the use of the poor of the town where the offence 
shall be committed, and the other half to him or them who 
shall prosecute or sue for the same. 

Sect. 3. Be it further enacted, That if any person or per- 
May seize nets, sons shall be found sweeping with any seine or net, or if any 
seine or net shall be used by any person or persons contrary 
to the true intent and meaning of this act, it shall and may be 
lawful for any person or persons to seize and take such seine 
or net to his or their own use, and if prosecuted therefor, to 
plead the general issue, and give this act in evidence as though 
the same was specially pleaded. 

Sect. 4. Be it further enacted, That the several towns afore- 
Cominittee to Said, shall at their annual meetings in the month of March or 
bfc chosen. April in each year, choose three or more persons being free- 
holders in their respective towns, whose duty shall be to see 
that this act be duly observed, and to prosecute for all breaches 
thereof; and each person so chosen shall be sworn to the 
faithful discharge of his duty; and the several towns shall be 
holden to make a reasonable compensation to the persons so 
chosen by them respectively for all necessary services in dis- 
charge of their duty under this act. And if any person so 
""^^' chosen shall refuse to serve, he shall forfeit and pay to the use 



1815. -Chap. 119—122. 121 

of the town to which he belongs, the sum of ten dollars, to be 
sued for and recovered by the Town Clerk ; and the said 
town shall immediately proceed to a new choice. 

Sect. 5. Be it further enac/e J, That if any person or persons Reimbutse- 
convicted of any of the offences aforesaid by indictment or in- ments. 
formation, shall fail lo pay the costs, or any part thereof, of 
the process on which he or they shall be convicted, so that 
the county in which the conviction takes place shall be charge- 
able with such costs, the several towns aforesaid shall reim- 
burse to the said county the same costs in the following pro- 
portions, to wit : — The town of Taunton three seventh parts, 
and the towns of Dighton and Wellington, two seventh parts, 
and the town of Berkley two seventh parts thereof, to be ap- 
portioned and charged by the County Treasurer to the said 
towns respectively, and to be assessed by the Assessors of the 
said town with other town charges. 

Sect. 6. Be it further enacted, That all laws heretofore made 
for the regulation of the Fishery in Taunton great river, be, 
and the same are hereby repealed. \^Feb. 15, 1816.] 

An Act to alter and change the Names of several Persons therein mentioned. Chctp, 122» 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this Act, Isaiah Atkins of Boston, 
in the county of Suffolk, gentleman, shall be allowed to take Persons chang- 
the name of Isaiah Strong Atkins ; that John S. Carter of the i,"^^^^gg^"^ 
same Boston, merchant, shall be allowed to take the name of 
John Sigourney Carter ; that Samuel Davis of Boston afore^ 
said, son of Rufus Davis of Quincy, in the county of Norfolk, 
shall be allowed to take the name of Samuel S. Davis ; that 
George Foster, son of Samuel Foster of said Boston, merchant, 
shall be allowed to take the name of Georre Reginald Foster; 
that Henry Gray, a minor, and son of Silvanus Gray of the 
same Boston, merchant, shall be allowed to take the name of 
Henry Gallison Gray ; that John Loring of Boston aforesaid, 
son of the late Dr. John Loring of the same place, shall be 
allowed to take the name of John James Loring; that John 
Long of said Boston, trader, son of John Long formerly of 
Oakham, in the county of Worcester, yeoman, shall be allow- 
ed to take the name of John W. Long; that Daniel Farrar Me- 
lony, of the same Boston, mariner, shall be allowed to take the 
name of Daniel Farrar; that Ebenezer Wells Ramsay of Bos- 
ton aforesaid, shall be allowed to take the name of Ebenezer 
Wells ; that Thomas Rice of the same Boston, merchant, son 
of the Rev. Asaph Rice of Westminster, in the county of Wor- 
cester, shall be allowed to take the name of Thomas Kinsey 
Rice; that Thomas Smith, a minor", and son of William Smith, 
Esq. of Boston aforesaid, shall be allowed to take the name of 
Thomas Carter Smith ; that Sally Shannon Goodhue, daughter 
of Samuel Goodhue, of Newburyport, in the county oF Essex, 
shall be allowed to take the name of Susan Adams Goodhue ; 
that Henry Small of the same Newburyport, gentleman, shall 
be allowed to take the name of Henry Small EUenwood ; thaf 

VOL. V. 18 



122 ^ 1815. Chap. 122—128. 

Jacob Jewett, jun. of Rowley, in said county of Essex, shaH 
be allowed to take the name of Jacob Clark Jewett; that Har- 
vey Richmond of Worthington, in the county of Hampshire, 
shall be allowed to take the name of Harvey Metcalf ; that Job 
Kittridge of Hinsdale, in the county of Berkshire, shall be al- 
lowed to take the name of William Kittridge ; that Isaiah At- 
kins of Roxbury, in the county of Norfolk, gentleman, son of 
Samuel Atkins of Truro, in the county of Barnstable, shall be 
allowed to take the name of Isaiah Malcomb Atkins ; that John 
Batista, of Cohasset in said county of Norfolk, mariner, shall 
be allowed to take the name of John Barker ; that Robert Dun- 
lajD, 2d of Brunswick, in the county of Cumberland, shall be 
allowed to take the nnme of Robert Pinckney Dunlap; that 
Jesse Barrows of Fryburg, in the county of Oxford, son of Dea- 
con William Barrows of Hebron, in the same county, shall be 
allowed to take the name of John Stuart Barrows; that David 
Fales, 3d, ofThomaston, in the county of Lincoln, Esq. son of 
David Fales, Esq. of the same Thomaston, shall be allowed to 
take the name of David Samuel Fales ; 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 
jM-oper and legal names, to all intents and purposes. IFeb. 13, 
181G.] 

Chap, 128. An Act to incorporate the town of Enfield. 

Sect. 1. BE it. enacted by the Senate and House of Representa- 
tives in Gfueral Court assembled^ and by the authority of the same. 
That all the lands in the townsof Greenwich and Belchertown, 
Avhich are comprised within the limits of the South Parish of 
the town of Greenwich, as they are now settled and establish- 
Town incorpo- cd, according to the provisions of an act, entitled " An act to 
rated. divide thc town of Greenwich into two Parishes, and for in- 

cluding the north-east corner of the town of Belchertown in the 
1787 ch. "2. South Parish,'' passed on the twenty-first day of June, in the 
(V. 1. p. 162.) year of our Lord one thousand seven hundred and eighty- 
seven ; and an act in addition thereto, passed on the 
twenty-second day of Februar}^ in the year of our Lord 
one thousand seven hundred and ninety-two ; together with 
CMtcrcdi) the farm of Robert Hathaway in said Greenwich, with all 
1818 ch. 34.) the inhabitants dwelling thereon, be, and they hereby are incor- 
porated into a town by the name of Enfield, and vested with all 
the powers and privileges, rights and immunities, and subject to 
all the duties and requirements of other towns, within this Com- 
monwealth. 

Sect. 2. Be it further eiiactcd^ That the inhabitants of the 
said town of Enfield shall be holden to pay all arrears of taxes, 
uhich have been assessed upon them by the towns to which 
they belonged before the passing of this act ; and shall also be 
r, , • r holden to pay their proportion of all taxes already voted to be 
taxes. rnised or assessed by said towns or Belchertown and Green- 

wich ; also such proportion of the expense of supporting the 
poor, now supported by the town of Belchertown, as the pro- 



1B15. Chap. 128—129. 123 

P'crty of the inhabitants by this act set ofTfrom the said Bel- 
r.hertown, bears to the whole property of said town, during the 
lives of the present paupers ; and the same may be assessed 
and collected in the same manner as if this act had never pass- 
ed ; and the expence of supporting the present paupers of the 
town of Greenwich, shall be divided between the towns of 
Greenwich and Enfield, in proportion to the present valuation 
of estates of the inhabitants of said town of Greenwich. 

Sect. 3. Be it further enacted, That of all State and County Taxes appoi- 
taxes, which, shall, previous to a new valuation, be required of no'ieti. 
the said towns of Greenwich and Belchertown, the said town 
of Enfield shall pay their just proportion, according to the last 
assessment of taxes in the said towns respectively. 

Sect. 4. Be i^yur^ftererfac/ec?. That any Justice of the Peace Justice to issire 
for the county of Hampshire be, and he is hereby authorized ^variant. 
to issue his warrant, directed to some principal inhabitant of 
said town of Enfield, requiring him to notify the inhabitants 
thereof, qualified to vote in town affairs, to meet at such conve- 
nient time and place as may be expressed in said warrant, to 
elect such officers as towns are by law authorized to choose in 
the months of March or April annually ; and that the said Jus- 
tice be, and he is hereby authorized and empowered to preside 
at said meeting during the election of a Moderator, and to ex- 
ercise all the powers, and perform all the duties which Town 
Clerks have and perform in the election of a Moderator of town 
meetings. [Feb. 15, 1816.] Add. act 1818 ch. 34. 

An Act to establish the Massachusetts Society for the Encouiagement of Maiiu- LyflOp. 1 29. 
fattures. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^in General Court assembled, and by the authority of the same, 
That James Richardson, of Dedham ; Samuel Crocker, of Persons incor- 
Taunton ; Francis C. Lowell and Charles Davis, of Boston ; ^'°'^^'^^' 
Josiah J. Fisk, of Wrentham ; Lyman Tiftany, of Med way, and 
Eli Richardson, of Franklin, and those who now are, or here- 
after may be associated with them, be, and they hereby are 
constituted a body politic and corporate, by the name of The 
Massachusetts Society for the encouragement of M^yiufactures ; 
and by that name may sue, and be sued, and have and use a 
common seal, and the same to break, alter and rcnev.- at plea- 
sure ; and do and suffer all things appertaining to bodies politic 
and corporate ; and may make and execute such by-laws, rules 
and regulations, and elect such officers, as the members thereof 
may judge necessary for its government: Provided, such by- Proviso. 
laws shall not be repugnant to the Laws of this Common- 
wealth. 

Sect. 2. Be it further enacted, That said Corporation be, May hold real 
and it is hereby made capable of holding real and personal estate, 
estate of any description, and of disposing of the same : Provi- 
ded, the annual income thereof shall not exceed the sum of ten 
thousand dollars. 

Sect. 3. Be it further enacted, That the powers of said 
Corporation be limited to the promotion and encouragement of Powers limited. 



124 1815. Chap. 129—132. 

the manufacture of cotton and wool, by collecting and preserv- 
ing useful books and models of machinery, and communicating 
new inventions and improvements in the manufrjcture of cotton 
and wool, to the manufacturers thereof in this Commonwealth. 
[Feb. 15, 1816.] 

Chap. 132. An Act to incorporate the Micklleborough Canal Company. 

Sect. 1. BE it enacted bi/ the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of the same, 
Persons incor- That Abiel Washburn, Thomas Weston, Levi Peirce and Hora- 
porated. ^^^ q Wood, their associates and successors, shall be, and are 

hereby incorporated, and made a body politic, by the name of 
the Middleborough Canal Company, for the purpose of open- 
ing, maintaining and managing a Canal from the northerly part 
of Assawampset pond to unite with Nemasket river, between 
said pond and Vaughn's bridge, so called, in Middleborough, in 
the county of Plymouth, in such manner and direction, as shall 
be most convenient for drawing the water from the said pond : 
and by the name aforesaid may sue and be sued, and shall 
have a common seal, and enjoy all the privileges and powers, 
incident to similar Corporations, and for the purposes aforesaid, 
may take, use, possess and enjoy in fee simple any lands ne- 
cessary to carry into effect, and complete the same, paying 
Proviso. therefor in manner hereafter prescribed : Provided, however, 

that the petitioners, in opening such Canal, do not cause any 
additional obstruction or lessen the passage way through which 
the water now runs from said pond, in a canal opened upon the 
lands of Samuel Jackson and others; but if the present Canal 
shall be made wider, or deeper than it now is, said Corpora- 
tion may place such obstructions as they please on the increas- 
ed width, or depth, leaving the present passage way as wide 
and deep, as the same now is. 

Sect. 2. Be it further enacted, That in case the owner or 
owners of any lands which shall be taken for the purposes 
aforesaid, and the Corporation cannot agree upon the amount 
of damages thus occasioned, nor upon some person or persons to 
estimate the sum, in such case some person, or persons shall be 
appointed by the Circuit Court of Common Pleas for the coun- 
ty of Plymouth, and the determination of the referees so ap- 
appolnted? ^ pointed shall be the measure of such damage: Provided, never- 
I'roviso, thelcss, that if the other party sh-ill be dissatisfied with the award 

of the referees aforesaid, and shall, at the next term of said 
Court, after the report of said referees shall be made, apply for 
Jury trial, a trial by jury, said Court shall have power to determine the 
same by "jury, in the same manner in which other causes are de- 
termined ; and if the verdict of the jury shall not give to the par- 
ty applying, a larger sum than the referees shall award afore- 
said, then the Court shall award cost against the party apply- 
ing; but if the Inst decision shall be more favorable to the par- 
ty applying than the decision of the referees, then the Court 
.shall award costs to the applicant, and the Court shall render 
judgment and issue execution accordingly. 

Sect. 3, Be it further enacted, That if any person or per- 



1815. Chap. 132. 125 

sons, shall wilfully take up, remove, break down, dig under, or 
in any other manner destroy, or injure the Canal aforesaid, or 
any dam, lock, gate, or other works erected thereon, or shall 
divert, or obstruct the water running to, through or froni said 
Canal, or in any other manner interrupt said Corporation in the 
free and full use of the same, and the waters flowing therein ; 
he or they shall, for every such offence, forfeit and pay to said 
Corporation, double the value of damage sustained thereby, by Fines for dam- 
said Corporation, to be recovered in an action of trespass, in "S*^"* 
any Court proper to try the same ; and such offender or offend- 
ers shall be liable to indictment by the grand jury of said coun- 
ty, and on conviction thereof before the Circuit Court of Com- 
mon Pleas for the county of Plymouth, or the Supreme Judicial 
Court, shall be liable to pay a fine to the use of the Common- 
wealth, of not more than fifty dollars, nor less than five dollars, 
or be imprisoned, not more than two months, nor less than ten 
days, at the discretion of the Court before whom such convic- 
tion shall be had. 

Sect. 4. Be it further enacted^ That upon the application of 
the said proprietors, or any three of them to any Justice of the 
Peace for the county of Plymouth, such Justice is hereby em- 
powered to issue his warrant directed to one of said proprie- justice to issue 
tors, requiring him to notify and warn his associates to meet at warrant. 
such time and place in said town of Middleborough, as shall be 
directed in said warrant, who when met may agree upon a me- 
thod of calling future meetings of said proprietors, and consult 
and transact such other business of said propriety as shall be 
expressed in said warrant. [Feb. 16, 1816.] 

An Act to incorporate the Atherton Manufacturing Company. C/lf/p. 3, 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled^ and by the authority of the 
same, That Rufus Atherton, Samuel Atherton, Sylvester Claf- 
lin, George F. Jenks, Nathaniel Ide, Asa Pcrrin, Samuel Sand- persons incor- 
ford, Comfort Barrows, Elkanah Briggs, Daniel Claflin, Dex- poratcd. 
ter Bishop, Calvin Claflin, Stephen Bcairn, Eli Bourn, John 
Smith, Alanson Burt, George Jenks, Olis Perrin, David Cum- 
mings, Benjamin Cnmmings, Daniel Claflin, jun. Ona Car- 
penter, Levi Read, Sylvanus Newman, Siba Carpenter, George 
B. Richards, and Noah Claflin, jun. together with such other 
persons as have already, or may hereafter associate with 
thrm, their successors and assigns, be, and they hereby are 
made a corporation, by the name of The Atherton Manufac- 
turing Company, for the purpose of manufacturing cotton and 
woollen goods in the town of Attleborough, 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, en- 
titled, " An act defining the general powers and duties of (isos cli. 65.) 
Manufacturing Corporations." 

Sect. 2. Be it further enacted, Th^t siiid Corporation may 
be lawfully seized of such real estate, not exceeding the value 



126 1816. Chap. 3—9. 

May hold real of thirty thousand dollars, and such personal estate not CX' 
estate. cecding the value of seventy thousand dollars, as may be ne- 

cessary and convenient for establishing and carrying on the 
manufactures aforesaid, in said town of Attlcborough. [June 

14, 1816.] 

Chan 7 ^" ^^^ ^° incorporate The Southbridge Factory Company. 

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

Persons incoi- *«^^^ That Jeremiah Shumway, Benjamin F. Shumway, Jo- 

i)orated. seph Marcev, Timothy Paige, jun. and Reuben Harrington, 

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 Southbridge Manufactur- 
ing Company, for the ])urpose of manufacturing wool in the 
town of Southbridge, in the county of Worcester ; and for the 
purpose aforesaid, shall have all the powers and privileges, 
and shall be subject to all the duties and requirements pre- 

(1808 ch. 65.) s(,j.ibej r,j,(j contained in an act, entitled, " An act defining the 
general powers of Manufacturing Corporation^," passed the 
third day of March, in the year of our Lord one thousand 
eight hundred and nine. 

Sect. 2. Be it further enacted, That the said Corporation, 

esta^te!° '^^ i^ their corporate capacity, shall and may lawfully hold and 
possess real estate, not exceeding fifty thousand dollars, and 
personal estate, not exceeding fifty thousand dollars, as may 
be necessary and convenient for carrying on the manufactory 
of wool in said town of Southbridge. \_June 15, 1816.] 

Cnap> y. \n j^^t incorporating the Cummington Woollen Manufactory. 

Sect. 1. BE it enacted by the Senate and Flouse of Representa- 
tives, in General Court assonblcd, and by the authority of the satne^ 

Persons incor-^ That Asa Gurncy, jun. James Claghorn, Robert Dawes, Da- 

porated. ^.^^ Ford, and Robert Dawes, jun. together with such others 

as have associated, or may hereafter associate with them, 
their successors and assigns, be, and hereby are made a Cor- 
poration, by the name of The Cummington Woollen Manufac- 
turing Company, for the purposes of manufacturing woollen 
cloth and yarn in the town of Cummington, in the county of 
Hampshire ; and for those purposes shall have all the powers 

(1808 ch, 65.) and privileges, and be subject to all the duties and require- 
ments contained in "An act defining the general powers and 
duties of Manufacturing Corporations," passed the third day 
of March, in the year of our Lord one thousand eight hun- 
dred and nine. 

Sect. 2. Be it further enacted, That the said Corporation 

estYte^°^^ "'^' "^^v lawfully hold and possess such real estate, not exceeding 
the" value of thirtj^-thousand dollars, and personal estate, not 
exceeding the value of seventy thousand dollars, as may be 
convenient and necessary for carrj'ing on the manufacture of 
woollen cloth and yarn, in said town of Cummington. [June 

15, 1816.] 



1316. Chap. 12—21. 127 

An Act to incorporate The Cummington Cotton Manufactory. Chap. 12. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
aentatives, in General Court assembled, and by the authority of tJie 
same, That Asa Gurncy, jun. Eliphalet Packard, and Chester 
Packard, together with such others as have associated or may persons incor- 
hereafter join and associate with them, their successors and porated. 
assigns, be, and they are hereby made a Corporation, by the 
name of The Cummington Cotton Manufacturing Company, 
for the purpose of manufacturing cotton, in the town of Cum- 
mington, in the county of Hampshire 5 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, in the year of our Lord one 
thousand eight hundred and nine. 

Sect. 2. Be it further enacted, That the said Corporation May hold real 
may lawfully hold and possess such real estate, not exceed- e"tat^e7^°" 
ing the value of thirty thousand dollars, and personal estate, 
BOt exceeding the value of seventy thousand dollars, as may 
be convenient and necessary for carrying on the manufacture 
of cotton, in said town of Cummington. [Jime 17, 1816.] 

An Act extending the time allowed the Trustees of the Nantucket Bank to close Chap* 17» 
their concerns. 

BE it enacted by the Senate and House of Representatives, 
%n General Court assembled, and by the authority of the same, 
That the further time of two years from the first Monday of 
October next, be granted and allowed to the Trustees of the 
Nantucket Bank, for the sole purpose of enabling said Trus- 
tees gradually to settle and close their concerns, and divide 
their capital stock, they conforming in all respects, to an act 
passed June the twenty-fourth, one thousand eight hundred 
and twelve, entitled " An act to enable certain Banks in this (I8i2ch. s?,) 
Commonwealth to settle and close their concerns." [June 17, 
1816.] Further act— 1818 ch. 24. 

An Act to incorporate the First Baptist Society in Barre. Chap. 21. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Job Sibley, Daniel Harwood, Elias Chase. James Adams, 
Palmer Adams, William "How, Jesse Harwood, James New- persons incor- 
comb, David Wadsworth, Asa Newell, Abner Harwood, War- porated. 
ren Sibley, Charles Sibley, Solomon W. Davis, Jason Fiske, 
Isachar Adams, Charles Newcomb, Henry Brigham, jun. 
Hartshorn Marsh, Jacob Waite, Isaac Follett, James Conant, 
Amos Clark, Wilcut Harwood, William Henry, Caleb Har- 
wood, Forbes Hinds, Silas Knight, jun. Cyrus Varney, Jonas 
Underwood, David Knight, Joel Bacon, Schuyler Adams, 
Simeon Metcalf, Samuel Sibley, jun. together with their polls 
and estates, be, and they hereby are incorporated by the name 
of The First Baptist Society in Barre, with all the privileges, 
powers and immunities which parishes in this Commonwealth 
by law enjoy. 

Sect. 2. Be ?7/ar//i<?rencc;c(?. That any person who may at 



128 1816. — Chap. 21—22. 

any time hereafter, actually become a member of, and unite 
in religious worship with said Baptist Society, and give in 
his or her name to the Clerk of the parish to which he or 
she did heretofore belong, with a certificate signed by the 
Minister or Clerk of said Society, that he or she hath actually 
become a member of, and united in religious worship with 
said Baptist Society, fourteen days previous to the parish 
meeting therein to be held in the month of March or April 
annually, shall, from and after giving such certificate, -with his 
or her polls and estate, be considered as a member of said 
Society : Provided however^ that such person shall be held to 
pay his or her proportion of all monies assessed or voted in 
the p'^rish to which be or she belonged previous to that time. 

Sect. 3. Be. -it further enacted. That when any member of 
said Society shall see cause to leave the same and unite in re- 
ligious worship with any other religious Society in the town or 
parish in which he or she may live, and shall give in his or 
Conditions of her name to the Clerk of the Baptist Society aforesaid, sign- 
becoming gj |jy ^^^ Minister or Clerk of the parish or other Society, 

with which he or she may unite, that he or she hath actually 
become a member of and united in religious worship with such 
other parish or religious Society, fourteen days previous to 
their annual meeting in March or April, and shall pay his or 
her proportion of all monies voted in said Society to be rais- 
ed previous thereto, shall, from and after giving such certifi- 
cate, with his or her polls and estate, be considered as a mem- 
ber of the Society to which he or she may so unite. 

Sect. 4. Be it further enacted, That any Justice of the 
Peace within and for the county of Worcester, on the applica- 
Justice to issue tion of any three of the persons aforenamed in the first sec- 
^varrant. ^j^jj q£ j^j^jg ^^^^ ^^^ ^^^^ hereby is authorized to issue his war- 

rant to one of said applicants, requiring him to warn the mem- 
bers of said Society qualified to vote in parish affairs, to as- 
semble at some suitable time and place in said town of Barre, 
to choose such parish officers as are by law^ required to be 
chosen in the months of March or April annually, and to trans- 
act all other matters and things necessary to be done in said 
Society. [June 17, 1816.] 

ChciVm 22 ■'^" ^^^ '" incorporate the FrankliB Charitable Society. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Elijah Alvord, second, Hooker Leavitt, and George 
Grennell, jun. Esquires, the Reverend Titus Strong, Messrs. 
Thomas W. Ripley, Franklin Ripley, Thaddeus Coleman, Pat- 
rick Welles, John Denio, Ebenezer Newcomb, jun. and Ansel 
Phelps, together with such others as may be admitted mem- 
bers of the Corporation hereby created according to the by- 
laws to be adopted by the present members thereof, be, and 
they hereby are incorporated into a Society, by the name of 
The Franklin Charitable Society, and by that name shall be 
a Corporation forever, with power to have a common seal, to 
make contracts relative to the objects of their institution, to 



Persons incor- 
porated. 



1816. Chap. 22—23. 129 

sire and be sued, to establish by-laws and orders for the regu- 
lation of said Society, and the preservation and application of 
the funds thereof, (o take, hold and possess any estate real or May hold real 
personal by subscription, gift, grant, purchase or otherwise, estate, 
and the same to lease or otherwise improve, and sell and con- 
vey, for the sole benefit of said institution ; provided the said iiroviso. 
by-laws be not repugnant to the Constitution and Laws of this 
Commonwealth ; and the value of the said estate shall never 
exceed five thousand dollars, and the funds of the said Socie- 
ty shall be always improved and appropriated to benevolent 
and humane purposes only. 

Sect. 2. Be it further enacted, That the time and place of 
the first meeting of said Society may be appointed by Hooker 
Leavitt, Esqr. by his giving personal notice thereof to all the Meetings, 
members named in this act, seven days, at least, before the 
time of such meeting; and at such meeting, the said Society 
may agree upon their mode of calling future meetings, and es- 
tablish by-laws to regulate their said Society. \June 17, 
1816.] 

An Act to incorporate the Proprietors of Liverpool Wharf, in the town of Boston. Crtflp. 23» 

WHEREAS sundry persons have become purchasers of a 
certain real estate, situate in Boston, in the county of Suffolk, 
bounded and described as follows, viz. northwestwardly on Pur- 
chase-street, and there measuring two hundred and eighty- Boundaries, 
four feet more or less ; southwestwardly on land of Henderson 
Inches, Esq. ; southeastwardly on the channel, or lowest bound- 
ary towards the sea, and there measuring two hundred and 
eighty-five feet more or less ; northeastwardly on land now or 
late of the heirs of Daniel Ingersoll, from Purchase-street to 
the channel, together with all the wharves, docks, rights of 
way, buildings and privileges and appurtenances thereof; and 
the said purchasers have petitioned this Court, that they may 
be incorporated, for the purpose of enabling them the better 
to manage and improve their said estate : 

Sect. 1. Be it therefore enacted by the Senate and House of 
Representatives, in General Court assembled, and by the authority of 
//^e same. That William Tucker, Ebenezer Stocker, Daniel Has- „ 
tings, and Amos Binney, all of Boston aforesaid, and their as- porated. 
sociates, successors and assigns be, and they hereby are con- 
stituted a body politic and corporate, by the name of The 
Proprietors of Liverpool Wharf; and the said Corporation by 
the said name, are hereby declared and made capable in 
law, to sue and be sued, to plead and be impleaded, to have a jyj ^^^ ^^^ 
common seal, and the same to alter and renew at pleasure ; be sued. 
to make rules and by-laws for the regulation and management 
of said estate, consistent with the Laws of the Commonwealth ; 
and generally to do and execute whatever by-law shall ap- 
pertain to bodies politic : Provided alu-ays, that nothing herein proviso, 
contained shall be construed into any confirmation or acknow- • 
ledgment of title in the said associates or Corporation, or 
into any grant or authority to extend the dimensions of said 
jWharf. 

VOL. V, 17 



130 



1816. 



Chap. 23. 



property. 



Shares. 



Sect. 2. Be it further enacted^ That the said Corporation 
be, and hereby is declared capable to have, hold, and pos- 
sess all the said real estate, with the appurtenances thereof; 
May sell or provided the lawful proprietors thereof shall legally convey 
alien corporate the same to said Corporation ; and the said Corporation shall 
have power to sell, grant, and alien in fee simple, or other- 
wise, their corporate property, or any part thereof, within the 
limits aforedescribed, and to lease, manage, and improve the 
same according to the will and pleasure of the said Corpora- 
tion to be expressed at any legal meeting. 

Sect. 3. Be it further enacted^ That the said corporate pro- 
perty shall be divided into shares not exceeding five hundred 
in number, as the said Corporation may find to be most expe- 
dient; and said shares shall be divided among the several 
proprietors according to the interest and portions, which they 
may respectively have in the said corporate property; and 
certificates of such shares shall be signed by the President of 
the Corporation, and issued to the proprietors accordingly; 
and the shnrcs in said Corporation shall be transferable by 
endorsement on the back of said certificates ; and the proper- 
ty in such shares shall be vested in the assignee or vendee 
thereof, when a record shall be made thereof by the Clerk of 
the Corporation, and new certificates shall be issued accord- 
ingly ; and such shares shall in all respects be considered as 
personal estate. 

Sect. 4. Be it further enacted, That the said Corporation 
shall have power, from time to time, to assess such sums of 
money, as may be deemed necessary for rebuiling or repair- 
ing any buildings, wharves, or other property of said Cor- 
poration, or necessary for the building any new wharves or 
tenements within the aforesaid limits ; or for the improvement 
and good management of the corporate estate agreeably to 
the true intent and meaning of this act ; and in case any pro- 
prietor shall refuse or neglect to pay any assessment, the 
said Corporation ma}^ cause such of the shares of such pro- 
prietor, as may be sufficient therefor, to be sold at public auc- 
tion, after ten days notice, to the highest. bidder; and after de- 
ducting the amount assessed and unpaid, together with the 
charges of sale, the surplus, if any, shall be paid over to such 
proprietor; and the purchaser of such share or shares, so sold, 
shall be entitled to and receive a certificate of the share or 
shares by him purchased accordingly. 

Sect. 5. Be it further enacted, That the corporate property 
which the said corporation shall have and hold at any one time 
in virtue of this Act, shall not exceed in value the sum of two 
hundred thousand dollars. And in all meetings of the mem- 
bers of said corporation, for the transaction of business, each 
member or proprietor shall be entitled to one vote for every 
share by him held in said corporation; provided always, that 
no one member shall ever be entided to more votes than shall 
be equal to one fourth part in value of the corporate property: 
And provided further, That no assessment shall be made at 
any meeting, unless the same shall be agreed to by two thirds 



Assessments 



Shares. 



Votes. 



1816. Chap. 23—27. 131 

at least in number and value of those present or represented 
at such meeting, nor unless public notice shall have been given 
at least ten days previous to such meeting, of the purpose of 
such meeting by publication thereof in one or more newspapers 
printed in Boston. — Proprietors may appear and act at any 
meeting by proxy in writing. 

Sect. 6. Be it further enacted. That either of them, the said Meetings. 
Tucker, Stocker, "Hastings and Binney may call a meeting of 
said corporation, by advertising the same in any of the news- 
papers printed in Boston, ten days at least before the time of 
meeting; and that the said corporation may at such, or any 
other meeting, agree on the mode of calling future meetings; 
and shall elect a president and clerk, and may elect all such 
other officers as said corporation may think fit, for conducting 
and managing the corporate affairs and estate, and the same 
may change and remove as said corporation shall see fit. 
\June 17, 1816.] 

An Act incorporating William Bartlet and otherf, by the name of Tlie Meni- Chap. 27. 
mack River Association. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the same, 
That William Bartlet, Moses Brown, John Pettingel, David Peisons incor- 
How, Thomas Kittridge, John Greanleaf, Ebenezcr Wheel- porated. 
Wright, Stephen Howard, Thomas M. Clark, John Pearson, 
Anthony Davenport, Moses Davenport, Thomas Carter, Joshua 
Carter, Abner Wood, John Wood, Jonathan Gage, Kdmund 
Kimball, Isaac Adams, Peter Le Breton, Ebenezer Moseley, 
William B. Bannister, Edward S. Rand, their associates and 
successors, are hereby incorporated, and shall be a corpora- 
tion forever, under the name of The Merrimack River Asso- 
ciation, and by that name may sue and }:)rosecute, and he sued 
and prosecuted to final judgment and execution ; and shall be 
and hereby are vested with all the powers and privileges, 
which are by law incident to corporations of a similar nature. 

Sect. 2. Be it further enacted. That William Bartlet, Moses Meetings call- 
Brown and John Pettingel, or any two of them, arc hereby au- ed. 
thorized to call a meeting of the members of said Association, 
as soon as may be, at Newburyport, in the county of Essex, by 
advertising the same in the newspapers, printed in Newliury- 
port and Haverhill, fourteen days at least, previous to the 
holding of said meeting, for the purjiose of clectitig a clerk, 
treasurer and such other officers as they luay judge necessary, 
for ordering and regulating the business and affairs of said cor- 
poration; to agree on the mode of calling future meetings, and Meetings regu- 
to do and transact such matters and things, as shall then and lated. 
there be thought proper, relating to said corporation; and 
every proprietor who shall subscribe to the amount of twenty- 
five dollars, for the purposes of the corporation, shall be entit- 
led to a vote in the proprietors' meetings, in person or by re- 
presentation under a special appointment in writing, and one Votes. 
additional vote for every hundred dollars so subscribed ; and 
this Act and all rules and regulations and votes of said corpo- 



132 1816. Chap. 27—30. 

Clerk's records, ration shall be fairly and truly recorded by the said clerk, in 
a book lo be kept for that purpose; and the said proprietors, 
at any legal meeting, may make and agree upon all such rules, 
regulations and by-laws, (not repugnant to the laws of this 
Commonwealth) as they may deem necessary and expedient, 
for the management of their concerns, and the completion of 
the object of their incorporation. 

Locks. Sect. 3. Be it further enacted, That the said corporation 

be, and they are hereby authorized to erect such a number of 
locks as may be found necessary for the more easy and con- 
venient navigation of the said river; and for that and other 
purposes of the corporation, to take, occupy and enjoy in fee 
simple, any lands adjoining the said river, necessary for their 
purposes, they paying therefor in manner hereafter provided. 

Damages made Sect. 4. Be it further enacted. That if any person shall suf- 

good. fgp ^j^y damage by means of the said corporation appropriat- 

ing any of his, or her property, or lands, for the above pur- 
poses, and the parties cannot agree upon the amount of the 
value of the damages thus occasioned nor upon some suitable 
person or persons to estimate the same, then three disinterest- 
ed persons shall be appointed by ihe Circuit Court of Common 
Pleas, with the session justices associated with said court, and 
having jurisdiction in the several and respective counties of 
Essex and Middlesex, in cases happening in those counties re- 
spectively, whose award shall be the measure of damage ; pro- 

Proviso. vidcd nevertheless, that if either party shall be dissatisfied with 

the award of the referees appointed as aforesaid, and shall at the 
same session at which the report shall be made, apply to the 
Court for a jury, the said Court is empowered to hear and 
finally determine the same by a jury, under oath, to be sum- 
moned b}' the sheriff or his deputy, for that purpose, if the 
party complaining desire the same; or by a committee, if the 
parties can agree therein ; and if the jury or committee, agreed 
upon as aforesaid, (who are to be under oath) shall not give 
the party applying a larger sum than the referees have award- 
ed as aforesaid, then the Court shall award costs against the 
party applying ; but if the last decision shall be more favoura- 
ble to the party nppl^nng than the decision of the referees, 
then the Court shall award costs against the party not apply- 
ing ; and the Court shall render judgment and issue execution 
thereon accordingly: Provided that no part of the jury to be 
summoned as aforesaid, shall be taken from the town, in which 
the owner of the property lives, or the lands are situated. 

Sect. 5. Be it further enacted. That no member of said cor- 
poration shall be compelled to pay for the purposes of said 
corporation anv greater or larger sum, than the sum he shall 
actually subscribe. [June 19, i"8l6.] See 1819 ch. 31. 

All Act to prevent the taking of Fish in a pond, (called Winchel's pond) in 
Egremont, in the county of Berkshire. . 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, atid by the authority of the 
same. That from and after the passing of this Act. no person or 
persons shall be allo^Yed to put or draw any seine or seines, or 



1816. Chap. 30—31. 133 

put or set any net or nets whatsoever in the pond (called Win- 
chel's pond) in the town of E,e;remont, in the county of Berkshire, 
for the taking of Fish, called Pickerel ; and any and every 
person, who shall presume to take any fish, called pickerel, 
with any seine or net from the said pond, shall incur and pay 
a penalty of ten dollars for every such offence, and the seine Penalty, 
or net shall be forfeited to the said town of Egreraont, as also 
all the fish so taken, to be at the disposal of the selectmen of 
said town. 

Sect. 2. Be it further enacted^ That no person or persons 
shall be allowed to take from said pond in any way whatsoever, 
any of the said fish, called pickerel, for the term of one year 
from the passing of this Act; and any and every person, who 
shall presume to take in any way whatsoever from said pond, 
any of the said fish, called pickerel, within the said year, shall Specific fine, 
incur and pay a penalty of five dollars for every such offence. 

Sect. 3. Be it further enacted^ That all penalties incurred 
by any offence against this Act, may be sued for and recover- 
ed in an action of debt, by the treasurer of the said town of 
Egremont, for the time being, before any justice of the peace 
in said county of Berkshire, who does not belong to the 
town of Egremont aforesaid ; and all sums of money, so reco- 
vered, shall be appropriated to the use of said town; and in Appropriation 
case any minor or minors shall offend against this Act or any offings, 
part thereof, and thereby incur any of the penalties aforesaid, 
the parent, master, or guardian of such minor or minors shall 
be answerable therefor ; in which cases the action shall be 
commenced against such parent, master or guardian (as the 
case may be) of such minor or minors respectively, and judg- 
ment rendered accordingly in the same manner and degree as 
for his or their personal offence. [June 19, 1816.] 

An Act to authorize John Breed to build a Bridge from Belle Island to Chelsea. ChctV. 31, 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled, and by the authority of the 
same, That John Breed, of Boston, (the proprietor of Belle Isl- 
and) and his heirs and assigns be, and they hereby are autho- 
rized and empowered to build and keep in repair, at all times, 
a Bridge convenient for the accommodation of the proprietors 
of Belle Island, from the westerly part of said Island to the 
hard land in Chelsea, at a point in the farm of Samuel Gary, Location. 
Esq. late of said Chelsea, deceased. 

Sect. 2. Be it further enacted, That said Bridge shall be Shaii have 
built with a draw, not less than fifteen feet wide, made of suit- draw, 
able materials, and conveniently placed for the accommoda- 
tion of such vessels as may have occasion to pass between said 
Island and Chelsea. And the owner or owners, proprietor or 
proprietors of said Bridge, at his and their own expense, shall 
at all limes, when necessary, have said draw raised for the 
convenient passing of vessels through the same; and in case 
^ny vessel about lo pass said Bridge shall be detained at the 
jdraw more than one hour, the proprietor or proprietors of said 
Bridge shall forfeit and pay to the owner or owners of such 



'34 1816. Chap. 31—34. 

vessel a sum not less than three dollars, nor more than ten dol- 
lars, to be recovered by action of debt in any court proper to 
try the same, and shall also be liable to pay all damages, 
which the owner or owners of such vessel shall or may sustain 
by reason of such detention, to be recovered in an action of the 
case in any court proper to try the same ; and if the said John 
Breed, his heirs and assigns shall, for the space of throe years, 
from the passing of this Act, fail or neglect to erect said Bridge, 
then this Act shall be null and void. And if the said Bridge 
shall be erected within said term of three years, then the Le- 
gislature reserve the right to repeal this Ac t after the expira- 
tion of twenty years from the time of passing the same. [June 
19, 1816.] 

L/hctp' 32. All Act in addition to an act, entitled, " An act to incorporate John L. Sullivan 
1811 ch 23. *"^' °^heis', by the name and style of The Merrimack Boating Company." 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same, 
That so much of the fourth section of the act, entitled, " An act 
to incorporate John L. Sullivan and others, by the name and 
style of the Mcri'imack Boating Company," as limits the num- 
ber of shares to one hundred, be, and hereby is repealed, and 
reoeaied. ^ ^^^^^ the property of the Corporation be divided into four hun- 
dred shares. 

Sect. 2. Be it further enacted, That in any action to be 
brought, or in any judgment to be rendered against said Cor- 
poration, the plaintiflfor adverse party, not being able to lind 
sufficient property of the corporation to attach on mesne pro- 
Mesne process. ^^^^ ^^ whcreon to levy his execution, shall have the right of 
attaching on mesne process, or of levying his execution on any 
of the property of the individual members of the Corporation, 
in the same manner as though the action had been brought on 
the judgment rendered against them in their i^rivate and indi- 
vidual capacity. 

Sect. 3. Be it further enacted, That the fifth section of the 
act to which this is in addition, be, and the same hereby is re- 
Section of Act pealed ; and also that so much of the first section of the said 
repealed. ^^^^ ^^ which this is in addition, as limits the Corporation to the 

term of twenty years from the twenty-first day of June, in the 
year of our Lord one thousand eight hundred and eleven, be, 
and hereby is repealed. And that the said John L. Sullivan, 
his associates and successors, be, and hereby are a Corpora- 
tion, for the purposes in said act mentioned, so long as the Mid- 
dlesex canal shall be kept open and in operation, and no long- 
er. [June 19, 1816.] 

Chap. 34. An Act in addition to the several acts for establishing the Housatonic Turnpike 
^ Corporation, and the Hudson Turnpike Corporation. 

1807 ch." 93, 9-1. Sect. 1. BE it enacted by the Senate and House of Representa- 

1803 ch. 49. fi^^g jj^ General Court assembled, and by the authority of the same, 

ci. 24. 'pi^at the Housatonic Turnpike Corporation and the Hudson 

Gates removed. Turnpike Corporation be, and they hereby are empowered to 

remove the two half toll gates of the said Corporation, which 

are now situated about one mile west of Dwight's Mills, in the 

town of West Stockbridge, in the county of Berkshire, and to 



1816. Chap. 34. . 135 

erect in lieu thereof, one half toll gate at any convenient place 
to be chosen hy the said Corporation, east of the road leading 
from Great Barrington to the village of West Stockbridge, and 
between the place where said road connects with the Hou- 
satonic Turnpike road and the foot of West Stockbridge Moun- 
tain, so called, any thing in the act defining the general powers 
and duties of Turnpike Corporations, to the contrary notwith- 
standing : Provided ahvays, that all persons who may pass said Proviso, 
gate either from the town of Stockbridge to Dwight's Mills, or 
from West Stockbridge to the Mills now owned by Elijah 
Brown, jun. and Company, or to Curtis' Mills, Avhose sole ob- 
ject shall be to obtain grinding at either of said Mills, shall be 
permitted to pass and re-pass said gate free of toll, together 
with their horses and carriages for the purpose aforesaid ; and Further pro- 
provided also^ that the inhabitants of the town of Lenox, passing "^'s°* 
and re-passing between Lenox and West Stockbridge, and go- 
ing no further west on said Turnpike road than Dwight's Mills 
aforesaid, and also that the inhabitants of the towns of Egre- 
mont, Alford, Great Barrington and West Stockbridge, going to 
or returning from any of the Judicial Courts, in Lenox, in said 
courjty, shall pass and re-pass said gate with their horses and 
carriages free of toll, until a county road shall be opened from 
the village in West Stockbridge, at said Dwight's Mills, in a 
direction tOAvards the Court-House, in said Lenox; and provid- 
ed also, that all persons exempt from paying toll by the fifth viso. ^'^*^' 
section of the act defining the general powers and duties of 
Turnpike Corporations be, and they hereby are exempted from 
paying toll at the half toll gate, by this act authorized to be 
erected ; ajid provided also, that all persons living in West p .,j, . 
Stockbridge, owning lands east of the place where said half viso. 
toll gate may be erected, between said gate and the top of the 
West Stockbridge Mountain, so called, shall be permitted to 
pass and re-pass to and from their lands aforesaid, free of toll, 
and also all persons, with their horses and carriages, who live 
eastward of the place where the said gate may be erected, and 
west of the foot of the Stockbridge Mountain, so called. 

Sect. 2. Be it further enacted, That each and every person 
that shall falsely or fraudulently claim the benefit of the above 
provisions of exemption from toll, shall forfeit the sum of five Penalty, 
dollars, to be recovered by either of said Corporations, for the 
use of the Corporation sueing therefor, in an action of the 
case, before any Justice of the Peace within and for the said 
county of Berkshire. 

Sect. 3. Be it further enacted, That from and after the 
passing of this act, the Housatonic Turnpike Corporation shall 
be entitled to receive at the gate of said Corporation, in the 
town of Lee, in said county, in lieu of full toll now established 
by law, the following rates of toll, viz. for each coach, chariot, New rate of 
phaeton or other four wheeled spring carriage drawn by two ° " 
horses, sixteen cents ; and if drawn by more than two horses, 
two cents for each additional horse ; for every waggon drawn 
by two horses, six and a quarter cents ; and if drawn by more 
than two horses, two cents for each additional horse : for every 



136 



1816. 



Chap. 34—42. 



Chap. 36. 

1813 ch. 193. 

1814 ch. 146. 

(Further time 
1817 ch. 153.) 



Chap. 40. 

1814 ch. 39. 



Chap. 42. 



Time allowed. 



Act repealed. 
1800 ch. 61. 
(V. 2. p. 425.) 



cart or waggon drawn by two oxen, six and a quarter cents ; 
and if by more than two, eight cents ; for every curricle, twelve 
cents ; for every chaise, chair, sulkey, or other carriage for 
pleasure, drawn by one horse, eight cents; for every cart, wag- 
gon, or truck, drawn by one horse, four cents ; for every man 
and horse, three cents ; for every sleigh or sled, drawn by two 
oxen or horses, five cents ; for each additional ox or horse, one 
cent; for every sleigh or sled, dr;)\vn by one horse, three 
cents; for all horses, mules, or neat cattle, led or driven, be- 
side those in teams or carriages, one cent each ; for all sheep 
or swine, at the rate of two cents by the dozen. [June 19, 
1816.] Further act 1820 ch. 5. 

An Act to extend the term of paying the second instalments into the Lynn Me- 
chanics' Bank. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the authority of the same, That 
a further term of one year, from the first day of June in the 
present year, be allowed to the Stockholders of the Lynn Me- 
chanics' Bank, to pay in the second instalment. [June 19, 
1816.] Further act 1817, ch. 153. 

An Act in addition to an act, entitled "An Act to establish the Boston and Rox- 
bury Mill Corporation." 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
whenever the Dam from Beacon-street to Sewall's Point shall be 
completed according to the provisions of the act, entitled " An 
act to establish the Boston and Roxbury Mill Corporation," 
and whenever cither of the other Dams mentioned in said act 
shall be so far completed, as that mills can be established, em- 
ploying a power equal to turning twenty pair of common mill 
stones, and said Corporation or its assigns shall have actually 
erected mills employing a power equal to ten pair of common 
mill stones, the said Corporation may receive the toll granted 
by said act : Provided, that nothing herein contained shall be 
construed to exempt them from any of the obligations, penal- 
ties or forfeitures expressed in said act, except only in so far 
as relates to the said toll. [Jime 19, 1816.] Further acts 1819, 
ch. 65 : 1822, ch. 34. 

An Act relative to the Nantucket Academy. 

WHEREAS the proprietors of the Nantucket Academy at 
Nantucket, are desirous of closing the concerns of said Institu- 
tion, and that their corporate powers should be dissolved: 

Sect. 1 . Be it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority if the 
same. That the term of six months be allowed, from and after 
the passing of this Act, to the proprietors of Nantucket Acade- 
my, to sell and dispose of all their property real and personal, 
to divide the same among their respective proprietors, and to 
bring to a final close all the concerns of said Institution. 

Sect. 2. Be it further enacted. That an Act, entitled, An 
Act to establish an Academy at Nantucket, by the name of 
The Nantucket Academy, passed on the third day of March. 



1816. Chap. 42— 44. f 137 

in the year of our Lord one thousand eight hundred and one, 
be, and the same is hereby repealed, from and after the expi- 
ration of six months from the passing of this Act: Provided 
nevertheless^ That this Act shall not be construed in any way to 
affect or impair any contracts already made by, or to which 
the said corporation is a party, and the same are hereby con- 
firmed ; and provided further^ That the lands granted to the Piov'"' 
trustees of said Nantucket Academy, in and by the sixth 
section of the said Act, be reconveyed by the said corporation 
to the Commonwealth, by a good and sufficient deed of the 
same, and that the same deed be delivered to the treasurer of 
the said Commonwealth, on or before the expiration of said six 
months, from the passing of this Act. \Jime 20, 1816.] 

An Act to empovvei- the Town of Boston to choose a Board of Health, and to pre- C/lOp. 44. 

sciibe their power and duty. 

Sect. 1. BR it tnacted b,ij the Senate and House of Representatives, in Gene- 
ral Court assembled, and by the authority of the same, Tliat the inhabitants of the fchnn* 
town of Boston, qualified to vote for town officers, shall, on the first Wednesday / ""^ oicnoog- 
of April, annually, meet in their respective Wards, at such time and place as may >"S memoeis. 
be appointed by the present and succeeding Boards of Health of said town, and 
published in two of the newspapers printed in said town, seven days previous to 
the lime of meeting, and choose one able and discreet person, being a freeholder 
and resident within the Ward for which he shall be chosen, to be Member of a 
Board of Health, which Board shall consist of one person from each Ward, chosen Rgpgaied by 
by a majority of the voters present, and by ballot : And the Members ol the Board jggj ^j^^ jj^^ 
of Health, for the time being, shall preside each in his respective Ward, at such ^ 23^ 
meetings, and on the neglect of either of them, a committee chosen by the Ward 
shall pres'de until a clerk for such ward is chosen by a majority of the voters pre- 
sent ; whose duty it shall be to preside at future meetings of ijaid Ward, for the 
ensuing year, to call for the votes, receive, count and declare the same in open 
meeting; and in case it shall appear that no choice has been made, the ballot 
shall be repeated until a perFim shall be elected, at whose dwelling-house, the Powers of 
cleik shall, on the same day, leave a written notification of his being chosen as dgrk, 
aforesaid; and upon his refusal 01 non-acceptance within four days, after notice 
as aforesaid, the clerk shall summon a new meeting of the inhabitants of his Ward 
at a lime and place to be specified in two of the newspapers as aforesaid, three days 
at least previous to the intended meeting; provided however, in case of refusal to 
serve of any person, at the time of his election in any Ward, the said Ward shall 
proceed to a new choice, r.nd in case of the acceptance of any person chosen as 
aforesaid, the clerk of the Ward, where such person is chosen, shall notify the Pre- 
sident of the Board of Health for the time being, or in case of his death or absence 
from Boston, the oldest member of said Board, of such choice, within twenty-four 
hours alter such choice is made ; and in all cases the said Board of Health for the 
time being shall continue in power and office until a new Board is chosen and or- 
ganized agreeable to the provisions of this Act. 

And the president of the Board of Health, for the time being, Powers of Pre- 
or in case of his death or absence from the town of Boston, or sident. 
incapacity to attend, the oldest member of said Board present, 
shall within five days after the return made to him, by two 
thirds of the clerks of the wards aforesaid, where and when 
two thirds of said members of said Board of Health are chosen 
as aforesaid, notify the new members chosen and returned as 
aforesaid, to meet at the usual place of the meeting of said 
Board, and shall at such meeting preside until a president and 
secretary shall be elected by the members of said new Board, 
for said Board; and he hereby is authorized to administer to 
such secretary an oath faithfully to record all the votes, orders, Regulations, 
proceedings and regulations of said Board, and faithfully to 
perform all the duties of his said office, during his continuance 
therein, which oath shall be entered and subscribed by such 
secretary on the records of said Board, and attested by the 
VOL. V. 18 



138 1816. Chap. 44. 

person administering the same, after which such secretary shall 
have the custody of the records, books and papers of said 
Board ; and a certified copy of the votes, orders, proceedings 
and regulations of said Board, or a certified copy from the re- 
cords of said Board, by such secretary thereof, shall be receiv- 
ed and admitted as evidence in all cases relating to the pro- 
ceedings or concerns of said Board. 
Powers. Sect. 2. Be it further enacted. That said Board of Health 

182^1 ch. 110. shall have power, and it is hereby made their duty, to exa- 
mine into all causes of sickness, nuisances, and sources of 
filth that may be injurious to th*c health of the inhabitants of 
the town of Boston, which do, or may exist within the limits of 
the town of Boston, or on any island, or in any vessel within 
the harbour of Boston, or within the limits thereof, and the 
same to destroy, remove or prevent, as the case may require*, 
and whenever said Board shall think it necessary for the pre- 
servation of the lives or health of the inhabitants of Boston to 
enter forcibly any building, or vessel, having been refused 
such entry by the owner or occupier thereof, within the limits 
of the said town of Boston or the harbour thereof, for the pur- 
pose of examining into, destroying, removing or preventing any 
nuisance, source of filth, or cause of sickness aforesaid, which 
said Board have reason to believe is contained in such build- 
ing or vessel — an}'^ member of said Board, by order of said 
Board, may ;«pply to any justice of the peace, within and for 
the county of Suffolk, and on oath complain and state, on be- 
half of said Board, the facts as far as said Board have reason 
to believe the same rehitive to such nuisance, source of filth or 
cause of sickness aforesaid ; and such justice shall thereupon 
issue his warrant, directed to the sheriff of the county of Suf- 
folk, or either of his deputies, or any constable of the town of 
Boston, therein requiring them or either of them, taking with 
them sufficient aid and assistance, and also in company with 
said Board of Health, or some two members of the same, be- 
tween the hours of sunrise and sunset, to repair to the place 
where such nuisance, source of filth or cause of sickness com- 
plained of as existing as aforesaid ; and there, if found, the 
same to destroy, remove or prevent, under the directions and 
agreeable to the order of said Board of Health, or such mem- 
bers of the same, as may attend and accompany such officer 
Proviso, for such purpose; provided iwicever, that no sheriff or deputy 

sheriff shall execute any civil process, either by arresting the 
body or attaching the goods and chattels of any person or per- 
sons under colour of any entry made for the purposes afore- 
said, unless such service could by law have been made without 
such entry ; and all services so made, under colour of such en- 
try, shall be utterly void, and the officer making such service 
shall be considered as a trespasser to all intents ab initio. And 
in all cases where such nuisance, source of filth, or cause of 
sickness shall be removed, destroyed or prevented in manner 
aforesaid, the cost of so removing, destroying or preventing 
the same, together with all costs attending the proceedings re- 
lative thereto, shall be paid by the person or persons, who 



1816. Chap. 44. 139 

caused or permitted the same nuisance, source of filth, or cause 
of sickness to exist, or in whose possession the same may be 
found. And in all cases where any contagious, and malignant 
disorder exists, within the limits of the town of Boston, or on 
board of any vessel, or on any island within the harbour of 
Boston, and it appearing to said Board of Health, after the 
same has been examined into by the physician of said Board, 
or some other respectable physician of the town of Boston, that 
the public safety requires that any person or persons affected 
with any contagious, malignant disorder, should be removed to 
the Hospital on Rainsford Island, or to any other place within 
the limits of said town of Boston, on any island in the harbour 
of Boston, or should be confined or remain in the place where 
such person or persons thus affected then are ; in every such 
case the said Board of Health shall pass an order relative to 
the same, which order, all persons, dwelling in or occupying 
such place, building or vessel, notified thereof by said Board, 
or called on by said Board, shall be obliged to obey ; and any 
person refusing to obey such order or resisting any offjcer or 
person acting under the authority of said Board or any mem- 
tser of said Board in any of the duties or requirements in this 
section of this Act, shall severally forfeit and pay for such 
offence, a sum not less than five, and not exceeding five hun- 
dred dollars, according to the nature and aggravation of the 
offence. 

Sect. 3. Be it further enacted^ That the said Board of Rules and or- 
Health shall have power to make such rules, orders and regu- ^^^^' 
lations, from time to time, for the preventing, removing or de- 
stroying of all nuisances, sources of filth and causes of sickness 
within the limits of the town of Boston, or on board any vessel, 
or on any island in the harbour of Boston which they may 
think necessary, which rules, orders and regulations, from and 
after the same have been published in two newspapers, printed 
in the said town of Boston, shall continue in force and be obey- 
ed by all persons until changed, altered or repealed by the 
same Board who made them, or by some succeeding Board of 
Health. And any person or persons who disobey or violate 
any such rules, orders or regulations, so as aforesaid made by 
such Board, shall severally forfeit and pay for such offence, a 
sum not less than one and not more than fifty dollars, accord- 
ing to the nature and aggravation of such ofience. 

Sect. 4. Be it further enacted, That the said Board of May seize and 
Health shall have power to seize, take and destroy, or to re- <^eitroy piovi- 
raove to any safe place without the limits of the town of Boston, 
or cause the same to be done, any unwholesome and putrid or 
tainted meat, fish, bread, vegetable or other articles of the pro- 
vision kind, or liquor, which in their opinion, first consulting 
the physician of said Board, or some other reputable physician 
of the town of Boston, shall not be fit for food and nourish- 
ment, and injurious to the health of those who might use the 
same : And the cost of such seizing, taking, destroying or re- 
moving shall be paid for by the person, or persons in whose 



140 



1816. 



Chap. 44. 



Fines. 



Quarantine. 



Fines, 



possession the same unwholesome, putrid, or tainted article 
shall or may be found. 

Sect. 5. Be it further enacted, That the said Board of Health 
shall have power, from time to time, to make and establish all 
such rules, orders and regulations relating to clothing or any 
article capable of containing or conveying any infectious dis- 
ease, or creating any sickness, which may be brought into, or 
conveyed from the town of Boston, or into or from any vessel, 
or on or from any island in the harbour of Boston, as they 
shall think proper for public safety, or to prevent the spread- 
ing of any dangerous or contagious disease. And all such 
rules, orders and regulations, so as aforesaid by said Board 
made and established, shall be obeyed by all persons from and 
after the same have been published in two of the newspapers, 
printed in the town of Boston, and shall continue to be in full 
force until altered or repealed by the Board who made and es- 
tablished the same, or some other succeeding Board ; and 
every person who shall disobey or violate any of such rules, 
orders and regulations, shall forfeit and pay a sum not less 
than one dollar, and not more than one hundred dollars, ac- 
cording to the nature and aggravation of such offence. 

Sect. 6. Be it further enacted, That the said Board of Health 
shall have power to establish and regulate the quarantine to be 
performed by all vessels arriving within the harbour of the 
town of Boston, and for that purpose shall have power, from 
time to time, to establish, make and ordain all such orders, 
rules and regulations relating to said quarantine as said Board 
shall think necessary for the safety of the public and the secu- 
rity of the health of the inhabitants of the said town of Boston ; 
which said rules, orders and regulations, so as aforesaid estab- 
lished, made and ordained, shall be obeyed by all persons, 
and shall continue to be in force from and after the same shall 
have been published in two newspapers, printed in the town of 
Boston, until the same arc altered or repealed by the said 
Board establishing, making and ordaining the same, or by some 
succeeding Board of Health. And said rules, orders and re- 
gulations may extend as well to all persons arriving in such 
vessels, and to their propert}'' and effects aboard such vessels, 
and to all such persons as may visit, or go on board such ves- 
sels, after (heir arrival in said harbour of Boston, and to the 
cargo of all such vessels, as to the vessels themselves — as also 
to every matter and thing relating to, or connected with such 
vessel, or the cargo of the same, or to any person or persons 
goina; on board or returning from the same; and every person 
who shall knowingly or wilfully violate or disobey any of such 
rules, orders and re:;ulations, so as aforesaid made, established 
or ordained by said Board of Health, shall severally forfeit 
and pay a sum not less than five dollars, and not exceeding 
five hundred dollars, according to the nature and aggravation 
of such offence. And the Board of Health shall have power 
at all times, to cause any vessel arriving in the harbour of Bos- 
ton, which is foul and infected, or whose cargo is foul and af- 
fected with any malignant and contagious disease, to be remov- 



1816. Chap. 44. 141 

led and placed on quarantine ground, and the same to be tho- 
roughly cleansed and purified at the expense and charge of the 
owners, consignees or possessors of the same ; and also all per- 
sons arriving in or going on board such infected vessel, or hand- 
ling such inlected cargo, to be removed to Hospital or Rains- 
ford Island, under the care of said Board, and to the Hospital 
on the same, there to remain under the orders and regulations 
of said Board. All expenses incurred on account of any per- 
son under the quarantine rules, orders and regulations of said 
Board of Health, shall be paid by such persons. 

Sect. 7. Be it further enacted^ That said Board of Health officers ap- 
shall have power, and it shall be their duty to elect and ap- fj|i"^|^j^(7si- 
point a principal physician to said Board, who shall reside in and.' 
Boston, and an assistant physician, who shall, during the time 
of quarantine, reside on Hospital Island, also an Island-Keeper, 
to reside on said Hospital Island, boatmen and such other offi- 
cers and servants as will be necessary to carry into effect the 
rules, orders and regulations of said Board of Health, as it re- 
spects the quarantine ; and shall prescribe to them their duty, 
and estabhsh their salary and fees, and displace or remove 
them at pleasure, and elect and appoint others in their places; 
also said Board shall, from time to time, establish and regulate 
the fees or expenses attending the said quarantine regulations, 
shall have the care of said Rainsford or Hospital Island, and of 
the Hospital on the same, and of all property on said island 
and belonging to or connected with the Hospital on the same; 
and shall annually in the month of January in each year, file 
in the secretary's office of this Commonwealth, an exact and 
true account of the state of the property in and connected with 
the Hospital establishment on said island, and of the property 
belonging to the Commonwealth on said island, and of all mo- 
ney expended thereon. 

Sect. 8. Be it further enacted, That said Board of Health Scavengers 
shall have power to elect and appoint Scavengers, Superinten- p"^/^.""^'^^^ 
dants of buryina; grounds. Funeral Porters or Undertakers, 
and such other Officers and Sei'vants, as shall be necessary to 
carry into effect all the powers and duties in this act given to, 
or required of the said Board of Health, and to fix and estab- 
lish their fees of office or compensation ; and all officers elect- 
ed or appointed by said Boarfl, shall be removeable fi'om their 
said offices, at the pleasure of said Board, and others substitut- 
ed, elected or appointed in their place. And a majority of said 
Board shall be competent to transact any business which the 
whole Board, were they all present, might or could transact. 
^ Sect. 9. Be it further enacted. That all the powers and du- 
ties which are given to, or required of the Selectmen of the 
town of Boston, by a law of this Commonwealth, passed the ^^H f^' /^ ' 
twenty-second day of June, in the year of our Lord one thou- 
sand seven hundred and ninety-seven, entitled "An Act to pre- 
vent the spreading of Contagious Sickness," and by the seve- 
ral acts in addition thereto, shall be, and they hereby are 
transferred to and made the duty of the Board of Health of 
the town of Boston, any thing in said laws to the contrary not- ' 



142 



1816. 



Chap. 44. 



Expenses. 



Vacancies fill- 
ed up. 

1821 ch. 110. 
*28. 



withstanding. And for all expenses which may arise in the 
execution of their duty, the said Board of Health shall be au- 
thorized to draw upon the town Treasurer of the town of Bos- 
ton ; and the accounts of said Board including all receipts and 
expenditures of money shall be examined by the Committee of 
accounts annually chosen by said town of Boston for that pur- 
pose, who shall report a state of them to the said town accord- 
ingly, and the same shall be paid by the Treasurer of s-ud 
town of Boston. And on the death or resignation of any Mem- 
ber of said Board of Health, the said Board may cause such 
vacancy to be filled by a new election from the W^ard from 
which said Member was elected by directing the Clerk of such 
Ward to call a meeting of the inhabitants of such Ward, cjua- 
lified to elect a Member of the Board of Health, to meet at 
such lime and place, as shall be notified to him by said Board ; 
at which meeting such vacancy shall be filled, and such pro- 
ceedings be had as are directed in the first section of this act, 
as to the choice and return and notification of the person elect- 
ed as a Member of said Board as aforesaid. 

Sect. 10. Beit furOier ennc/ec?, That whenever any prisoner 
confined in the gaol in Boston, or within the limits of said pri- 
son, shall be attacked with any contagious, malignant disorder, 
which in the opinion of said Board of Health, first having con- 
sulted with the Physician of said Board, or some other re- 
spectable Physician, of the town of Boston, endangers the 
safety and health of the other prisoners in said gaol, or the in- 
habitants of said town, and that the sufi'ering such prisoners, so 
attacked as aforesaid, longer to remain in said gaol, or within 
sick prisoners. ^}^g Ijmits of said prison, is not consistent with the public safety, 
or the health of the inhabitants of said town, or the prisoners 
in said gaol ; in every such case, the said Board of Health shall 
make application in writing to any two Justices of the Peace, 
quorum unus^ therein stating the facts relative to such case ; 
and the said .Justices to whom such application shall be made, 
shall examine into such case, and if satisfied that the facts 
stated are true, shall issue their warrant to said Board of 
Health, authorizing and directing them to remove said prison- 
er so attacked with such contagious and malignant disorder, to 
the Hospital on Rainsford Island, or to some other place oi 
safety, there to remain under the directions of said Board, un- 
til such prisoner either recovers or dies ; and in case of reco- 
very, then to be returned by said Board to the place from 
which he was taken ; and such warrant so executed by said 
Board, or any Member thereof, shall be by them returned, 
with their doings tiiereon. into the Clerk's Office of the Court, 
from which the process tor committing stich prisoner to gaol, 
shall have issued ; and the place to which such prisoner shall 
be removed by virtue of such order, shall be considered as the 
gaol of the county of Suffolk; and every prisoner removed as 
aforesaid, for the causes aforesaid, shall not thereby be con- 
sidered as having committed any escape, so as to prejudice 
either himself, his bondsmen, or the persons who had the custo- 
dv of him in his confinement aforesaid. 



I\Iny rpinovc 



1816.- Chap. 44. 143 

Sect. 11. Be it further enacted, That the said Board of 
Health of the town of Boston arc hereby authorized and em- 
powered, from time to time, to make and establish rules, orders u^„ ;„„ 
and regulations for the interment of the dead in said town, to Grounds, 
establish the police of the burying grounds, appoint and locate 
the places where the dead may be buried in said town, and 
cause the places for the deposit of the dead in said town, and 
the burying grounds, to be repaired and properly enclosed. 
Also to make regulations for funerals and funeral processions, Funerals. 
and appoint all necessary olVicers and persons to carry the 
same into efl'cct, and to appoint to them their duties and fees; 
and shall also have the power to establish such penalties for 
the violation of any such rules, orders and regulations, as they 
may think proper : Provided.no one penalty for any one viola- f^g^^^^ f^j. 
tion, shall exceed the sum of fifty dollars. And all such rules, Penahios. 
orders or regulations, so as aforesaid made and established by 
said Board, shall be obeyed by every person, from and after 
the same have been published in two of the newspapers print- 
ed in Boston, and shall continue in full force, until the same 
are altered or repealed by the said Board, who made and es^ 
tablished them, or by some succeeding Board. 

Sect. 12, Be it further enacted, That the said Board of 
Health shall have power to grant permits for the removal of Permits. 
any nuisance, infected article, or sick person, within the town 
of Boston, when they think it safe and proper so to do ; and 
said Board, whenever they think justice requires it, may stop, 
discontinue, discharge or compromise any suit, complaint or 
information, originating under this act. And all fines, forfei- 
tures, penalties, sums to be paid or recovered, arising under 
any of the provisions of this act, shall be prosecuted for, by May prosecute, 
and in the name of " the Board of Health of the town of Bos- 
ton," by complaint or information by said Board, to be made 
in writing to some Justice of the Peace within and for the 
county of Suffolk; which said Justice, upon said complaint or 
information being made to him as aforesaid, shall receive the 
same, and thereupon issue his warrant, therein reciting the 
said complaint or information, directed to the sheriff of the 
county of Suffolk or either of his deputies, or any constable of 
the town of Boston, commanding them or either of them, to 
summon the party informed against or complained of, to appear 
before him at a time and place to be named in said warrant, 
to shew cause, if any they have, why they should not pay the 
sum demanded of them in such complaint or information : 
which said warrant, shall by the officer who receives the same, 
be served on the party informed or complained against as 
aforesaid, at least seven days before the day in said warrant 
stated, as the said day of trial, by giving such party in hand, a Forms of Pro- 
copy of such warrant, reading the same to him, or leaving a cess, 
copy thereof at the last and usual place of the abode of such 
party ; and if such party shall not appear at the time and place 
appointed, or appearing shall not show sufficient cause as afore- 
said, the said jusdce shall proceed to render judgment in every 
such case, that the said Board of Health shall recover such 



144 



1816. 



Chap. 44. 



sum in damages or as fine, as the case may be, as according to 
the provisions of this act, they ought by law to recover, with 
costs, and shall proceed to issue his execution therefor, in the 
same manner as executions issue from Justices of the Peace in 
civil cases triable before them ; and such executions shall be 
served and made returnable in the same manner as executions 
in civil actions are by law served, and made returnable, which 
issue on judgments rendered in the Supreme Judicial Court of 

Proviso. this Commonwealth : Provided however, that in all such prose- 

cutions as aforesaid, if the said Board of Health shall discon- 
tinue such prosecution or become nonsuit, or the same on the 
merits should be decided by such Justice trying such prose- 
cution against them, in every such case, the said party in- 
formed against and complained of, shall recover his legal 
costs against said Board, which costs shall be paid by the 
treasurer of the town of Boston. And in every prosecution 
under this act, before an}^ Justice of the Peace as aforesaid, 
the party complained against in such prosecution, being dissa- 
tisfied with the judgment in the same, given by such Justice, 

Appeals. n^ay appeal therefrom to the Boston Court of Common Pleas, 

next to be holden at Boston, within and for the county of Suf- 
folk, after such judgment is so as aforesaid given, or rendered 
by such Justice ; provided such appeal be entered within twen- 
ty-four hours after such judgment is given as aforesaid ; and 
the same proceedings in all respects relating to such appeal, 
shall be had as are by law required on appeals from judg- 
ments rendered in civil causes by Justices of the Peace in this 
Commonwealth ; and on the entry of such appeal in said 
court, the said court shall have cognizance and jurisdiction of 
the same, and shall proceed to hear and determine the same in 
the same manner, and award execution in the same way and 
manner as they have cognizance and jurisdiction, proceed to 
hear and determine and award execution in civil causes, on ap- 
peals to them from judgments given by Justices of the Peace 
in this Commonwealth. And in all cases of such appeals on 
prosecutions under this act, the party prevailing in the said 

Costs. court shall recover his csots, to be paid in the manner prescrib- 

ed in this section of this act : Provided however, that no appeal 
shall be allowed or granted to said court in any prosecution 
under the provisions of this act, where the amount of the judg- 
ment rendered and had before, and by any Justice of the 
Peace, shall not amount to more than five dollars exclusive of 
costs. And all fines and forfeitures recovered by said Board 
of Health, under the provisions of this act, shall inure to the 
use of the inhabitants of the town of Boston, and be accounted 
for by said Board of Health, to and with the town treasurer of 

Proviso. said town of Boston. And provided also, that in consequence 

of said appropriation bf said fines and forfeitures, or the ap- 
propriation of any other monies by virtue of this act, no inha- 
bitant of the said town of Boston shall be disqualified as a Jus- 
tice of the Peace, a witness or juror in any prosecution under 
this act, nor shall the said Board of Health, or any member of 
the same, or any officer of the same, be rendered thereby in- 



iai6. Chap. 44—49. 145 

competent witnesses in any prosecution under this act ; and the 
members of said Board of HeaUh, while they continue in such 
office, shall be exempted from all militia duty and every other Exemptions, 
duty and service, which by law the selectmen of towns in this 
Commonwealth are exempted from : and all laws heretofore 
made relating to a Board of Health in the town of Boston, so 
far as they are inconsistent with or contrary to the provisions 
of this act. shall be, and the same are hereby repealed. Pro- Acts repealed. 
vided hou-ever, that ihe election of the present Board of Health 
for the said town of Boston, and all their doings under the 
said laws are hereby confirmed, and they shall have and ex- 
ercise all the powers and duties required or permitted by this 
present act; and provided also^ that all prosecutions now pend- 
ing, shall be proceeded in, in the same way and manner, as 
though this act had never been passed. And in all prosecu- 
tions under this act, the persons prosecuted, may plead the May plead the 
general issue, and give any special matter in evidence under general issue, 
the same ; and the complaint, information, pleadings or pro- 
ceedings in any prosecutions under this act, may, by leave of 
court, before whom the same is, or may be pending, be amend- 
ed in any state of such prosecution, without the payment of 
costs by either party. [June 20, 1816.] 

An Acr to incorporate the Protestant Episcopal Parish of Saint Matthew, in Chap, 49. 
Boston. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled^ and by the authority of the same, 
That Abraham Gould, Barker Brooks, John Pronk, William Persons incor- 
Brown, William Summers and Josiah Dunham, together with porated. 
such others as have, or may hereafter join them and their suc- 
cessors, together with their polls and estates, be, and they 
hereby are incorporated into a society or body politic, by the 
name of the Protestant Episcopal Parish of St. Matthew, in 
Boston; and he said parish or society are hereby invested 
with full power and authority to assess and eollcct of the mem- 
bers belonging to said parish, for the purpose of maintaining 
the public worship of God therein, and for maintaining their 
instruction of piety, religion and morality, and for erecting a 
house of public worship, and repairing the same from time to 
time, such monies as are or may be necessary for those pur- 
poses ; and they are hereby vested with such powers, privi- Corporate 
leges and immunities, as any other religious society does or P°wers. 
may enjoy by the laws of this Commonwealth. 

Sect. 2. Be it further enacted, That if any other person or 
persons may hereafter incline to join said episcopal parish, in 
Boston aforesaid, and shall leave a certificate of the same, 
signed by the rector, clerk or committee of said parish, with 
the clerk of the town to which he or they may respectively be- 
long, he or they, with his or their polls and estates, shall be 
considered as belonging to said episcopal parish, in the same 
manner as though he or they were incorporated by name in 
this act. And whenever any person or persons, belonging to transfer of 
said episcopal parish shall see cause to leave the same, and Membership, 
unite with any other religious parish or society, and shall leave 

VOL. V. ' 19 



146 181 G. Chaf. 49—50. 

with the rector or clerk of said episcopal parish, a certificate 
of the same, signed by the minister or clerk of the parish, or 
other religious society, with which he or they may have united, 
he or they, with his or their polls and estates, shall be dis- 
charged from said episcopal parish, and annexed to the parish 
or society to which he or they may have joined themselves. 

Sect. 3. Be it furlhcr enacted. That the said protestant 
episcopal parish be, and hereby is empowered to raise and es- 
Funds. tablish a fund in such way and manner as it ma}^ 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 necessary, to be appro})riated to the sup- 
port of a protestant episcopal minister or ministers in said pa- 
rish. [June 20, 181G.] 

Chap. 60. An Act to alter and change the Names of certain persons therein mentioned. 

BE it enacted hy the Senate and House of Representatives, in 
General Court asstmbled^ and by the authority of (he same. That 
from and after the passing of this Act, Stephen Minol Thayer 
Persons Chan-'- ^O-??' ^^ Braintrce, in the county of Norfolk, student at law, 
ing names. shall bc allowed to take the name of Ebenezer Thayer Fogg : 
Mehitable ]Miller Soper, of Braintree aforesaid, shall be allow- 
ed to take the name of Eliza Mary Thomas Soper: John Child, 
of Boston, in the county of Suffolk, merchant, son of Daniel 
Child, of Newton, shall bc allowed to take the name of John 
Richards Child : Daniel B. Strafford, of said Boston, shall be 
allowed to take the name of Kent B. Strafford : Lucy Foster, 
of Billerica, in the county of Middlesex, widow, shall be allow- 
ed to take the name of Lucy Hill Foster: John Child, of Bos- 
ton aforesaid, merchant, son of Stephen Child, of Roxbury, 
shall be allowed to take the name of John Weld Child : Henry 
Coffin, of Boston, son of John Gorham Coffin, shall be allowed 
to take the name of Henry Rice Coffm : Loammi Hamilion.of 
Northampton, in the county of Hampshire, shall be allowed to 
take the name of Alexander Hamilton : Billy Hancock Grant, 
son of David Grant, of Wrcntham. in the county of Norfolk, 
shall be allowed to take the name of William Hancock Grant : 
Israel Lakenian. of Boston aforesaid, merchant, son of Pelatiah 
Lakeman, shall be allowed to take the name of David Hinkley 
Lakeman : Gorham Benson, of Scituate, in the county of Ply- 
mouth, shall be allowed to lake the name of William Gorham 
Benson : George Thacher, second, of Boston aforesaid, shall 
be allowed to take the name of George Churchill Thacher : 
Peace Lee, of Portland, in the county of Cumberland, shall be 
allowed to take the name of Caroline Peace Lee : David Brown- 
ell, of Westport, in the county of Bristol, son of George Brown- 
ell, late of said Westport, shall be allowed to take the name of 
David IMilk Brownell : Rebecca Davis, daughter of Samuel 
Davis, of Newbury, in the county of Essex, shall be allowed to 
take the name of Rebeccah Kendal Davis : Jannah Ranny, of 
Northampton aforesaid, shall be allowed to take the name of 
George Jannah Ranny : ^Villiam Bradford, of Boston aforesaid, 
merchant, shall be allowed to take the name of William Wash- 



1816. Chap. 50—54. 147 

cr Bradford: Aaron Davis, son of Aaron Davis, of Newbury- 
poct, in the count}'- of Essex, shall be allowed to take the name 
of Aaron Charles Davis : James Allen, of Boston aforesaid, 
merchant, son of Oliver Allen, of Bridgewater, in the county ol 
Plymouth, shall be allowed to take the name of James Sey- 
mour Allen : William Spooner, of Boston aforesaid, son of Wil- 
liam Spooner, of said Boston, physician, shall be allowed to take 
the name of William Jones Spooner. And the several persons be- 
fore mentioned, from and after the passing of this Act, shall be 
known and called by the names which by this Act the}'' are re- 
spectively allowed to take and assume as aforesaid 5 and said 
names shall forever hereafter be considered as their only proper 
and legal names to all intents and purposes. [June 20, 1816.] 

An Act in addition to an Act, entitled "An Act to incorporate the Linum and ^tlCip, o2» 
Duck Manufacturing Company," 1813 ch. 151. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the autlioi'ity of the same. That 
the Linum and Duck Manufacturing Company, in addition to 
their present powers, be, and the said company hereby is au- Powers of the 
thorized to manufacture nails and other iron and hard-ware, company. 
and to purchase, hold and employ machines and tools necessa- 
ry and useful for the purposes aforesaid : Provided hozcever, 
that nothing in this Act contained shall be so construed as to in- 
crease the capital stock of said company beyond the amount 
limited by the Act to which this is in addition. [June, 20, 1816.] 

An Act extending the time allowed the Trustees of the Bedford Bank, to close L/hap, 53. 
their concerns. 1802 ch. 114. 

BE it enacted by the Senate and House nf Representatives, in 
General Court assembled, and by the authority of the same. That 
the further time of three years, from the first Monday of Time allowed 
October next, be granted and allowed to the trustees of the cTrnsr'"^ *^°"' 
Bedford bank, for the sole purpose of enabling said trustees, 
gradually to settle and close their concerns, and divide their 
capital stock, they conforming in all respects to an Act passed 
on the twenty-fourth day of June, one thousand eight hundred 
and twelve, entitled " An Act to enable certain banks in this 1812 ch. 57. 
Commonwealth to settle and close their concerns." [Jwie 20, 
1816.] 

An Act in further addition to an Act, entitled " An Act to incorporate JVicholas C/wp. 54. 
Thorndike and others into a company, by the name of the Beverly Marine In- 1809 ch. 35. 
surance Company/' 1810 ch. 3. 

BE it enacted by the Senate and House of Representatives, in Jgj^ ^j]' j' 
General Court assembled, aud by the authority of the same. That 
such further time, not exceeding five years, from and after the Further time 
twenty-fourth day of August next, be allowed to the stockhoid- histaimen*ts!^"^ 
ers in the Beverly Marine Insurance Company, named in an 
Act, entitled "An Act to incorporate Nicholas Thorndike and (Further time 
others into a company, by the name of the Beverly Marine In- i-'-i ch. 36.) 
surance Company," to pay in the residue, being (he last moie- 
ty of the instalments, and amounting in all to fifty dollars on a 
share, in the capital stock of the said company, as the direc- 
tors thereof may judge proper, and that the said residue shall 



148 J816. Chap. 54—56. 

be paid in at such times and in such proportions as the said 
directors shall order and appoint, within the period aforesaid : 
Provided however, that nothing in this Act shall be construed to 
exonerate or discharge the estates of the said stockholders from 
being liable in the manner and for the purposes mentioned in 
the tenth section of the said original Act, in addition to which 
this Act is made. [JVotj. 23, 1816.] Further act— 1821 ch. 36. 

Chap» 56. An Act to incorporate the Berkshire and Columbia Missionary Society. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same^ 
Persons incor- That Jacob Catlin, Alvan Hyde, Samuel Shepard, Henry 
poidtec . Brown, Ebenczcr Jennings. Joseph Woodbridge, Jonathan Nash, 

and James W. Robbins, with those who have, or may hereafter 
associate with them and their successors, be, and they hereby 
are incorporated and made a body politic, for the purpose of 
Objects of the furnishing the means of christian knowledge and improvement, 
^°'^'^^* by the distribution of pious and religious books and tracts, and 

by sending missionaries among the inhabitants of oui- own land, 
who are destitute of religious knowledge and instruction, or 
where such means are but partially provided ; and also to aid, 
as their funds will permit, in spreading the light of the gospel 
among the heathen, by the name of the Berkshire and Colum- 
bia Missionary Society: and the society aforesaid shall have 
perpetual succession, and may have a common seal, which they 
may change, break, alter and make new at their pleasure ; and 
may purchase and receive by gift or devise, lands, tenements 
and real estate of any kind, and the same hold in fee sim- 
ple or less estate ; and also subscriptions, donations and be- 
quests of money, or any other personal estate, the annual in- 
come of which shall not exceed the sum of ten thousand dol- 
lars ; and all grants, donations, subscriptions, devises, and be- 
quests, made to said society, shall be improved in such manner, 
as the trustees of said society shall judge most conducive to the 
designs of the institution. 

Sect. 2. Be it further eyxacted, That the said society may an- 
Powers and nuallv elect, by ballot, by a majority of the members present, 

duties. '^ . , ' -^ • 1 , / . 11 J 

a president, vice-president, a treasurer, secretary, clerk, and 
such number of trustees as they may judge proper, (not less 
than eleven) and such other oificcrs, as they may determine to 
be necessary ; and may, at their first meeting under this Act, 
by vote of a majority of the members present at said meeting, 
adopt and establish such constitution, or system of rules and 
by-laws as they may think necessary for conducting and exe- 
cuting the business of said society, and for more effectually se- 
curing the objects of their institution; which constitution or 
sj^stem of by-laws shall be for the government of said society, 
and shall not be altered at any subsequent meeting, but in the 
manner therein pointed out: Provided, such rules and by-laws 
be not repugnant to the constitution and laws of this Common^ 
wealth. 
May sue and Sect. 3, Be it further enacted, That the society aforesaid, 
Lo ixued. shall at all times have power to sue and may be sued, and may 



1816. CttAP. 56—61. 149 

'Jefend, and shall be held to answer by the name, style and title 
aforesaid ; and if it shall so happen that the said society shall 
become seized of lands and tenements, it shall be lawiul 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 by order and under the direction of the trustees. 

Sect. 4. Be it further enacted, That a particular account of 
all the funds of said society, and the disposition thereof -shall 
be exhibited by the treasurer, at the stated annual meeting of 
said society, a committee of said society having first examined Records. 
and certified the same to be true ; and fair entries shall be made 
in books provided for that purpose, of all donations made to said 
society, and of all the estate, both real and personal, belonging 
to the same ; and said books shall be brought to the annual 
meetings, and be there open to the inspection of the members. 

Sect. 5. Be it further enacted, That Joseph Woodbridge, Es- Meeting. 
quire, be, and he hereby is empowered to call the first meet- 
ing of said society in their corporate capacity, by publishing a 
notification in both the newspapers printed in the county of 
Berkshire, three weeks in succession ; the first publication to 
be thirty days at least before the time of said meeting. [jYov. 
27, 1816.] 

An Act in further addition to an Act, entitled " An Act to incorporate Jonathan Chap. 59. 
Mason and others into a company, by the name of the Union Marine Insurance ^gOS ch. 92 
Company." (V. 3. p. 333.) 

BE it enacted by the Senate and House of Representatives, in l^lOch. 47. 
General Court assembled, and by the authority of the same. That 
ithe directors of the Union Marine Insurance Company shall ^.'^.^^^ i"'^^® ^'' 
make dividends of the interest and profits arising on the capital 
stock and business of the company as now by law provided, on 
the second Monday of April and October, in each year, instead 
of the times now prescribed ; any thing in the Act to which 
this is in addition, to the contrary'' notwithstanding. [Dec. 4, 
1816.] 

An Act to incorporate the American Society for the education of pious youth for Chltp> 61. 
the Gospel Ministry, 

Sect. 1. BE it enacted by the Senate and House, of Representa- 
tives in General Court assembled, and by the authority of the same, 
That William Phillips, Samuel Salisbury, Eiiphalet Pearson, pg^.^^^^ j^^o,.. 
William Reed, Joshua Bates, Asa Eaton, Samuel H. Walley,and porated. 
Aaron P. Cleaveland, together with those who have associated, 
and who may hereafter associate with them, be, and they here- 
by are incorporated and made a body politic, by the name of (Name altered 
the American Society for educating pious youth for the Gospel 1819 ch. 83.) 
Ministry ; and the society aforesaid shall have perpetual suc- 
cession, and may have a common seal, which it shall be lawful 
for them to alter at pleasure ; and may purchase and receive 
by gift, or devise, lands, tenements, and real estate of any kind, 
and the same hold in fee simple, or less estate, the annual in- 
come and profits whereof shall not exceed the value of ten thou- 
sand dollars. And the said society is hereby enabled to take 
and receive subscriptions of charitably disposed persons, and 
may take any personal estate in succession : and all donations 



150 



1816. 



Chap. 61—63. 



Application of 
funds. 



Rules and re- 
gulations. 



May sue and 
be sued. 



First nicctiiig. 



Chap. 63. 



Persons incor- 
porated. 



Powers, 



to the society, either by subscription, legacy or otherwise, (ex- 
cepting such as shall be differently appropriated by the donors, 
or by a vote of the society, agreeably to their constitution) shall 
make a part of, or be put into the capital stock of the society, 
which shall be put out on interest on good security, or otherwise 
improved to the best advantage, and the income or profits ap- 
plied to the purpose of aiding indigent young men of talents 
and hopeful piety, in acquiring a learned and competent educa- 
tion for the gospel ministr}^ 

Sect. 2. Be it further enacted^ That the said society may 
choose a president, vice-president, clerk, treasurer, and such 
other officers as they shall see fit ; and may at their first meet- 
ing under this incorporation, by the vote of two thirds of their 
members present at said meeting, adopt such constitution or 
system of rules and by-laws, as they shall think necessary for 
the orderly conducting and executing the business of said so- 
ciety, and for the most effectually securing the object of their 
institution ; which constitution or system of rules and by-laws, 
shall be for the government of said society, and shall not be al- 
tered at any subsequent meeting, but in the manner therein 
pointed out : Provided^ such rules and by-laws be not repug- 
nant to the constitution and laws of this Commonwealth. 

Sect. 3. Be it further enacted, That the society aforesaid may, 
at all times, under the name, style and title aforesaid, sue and 
be sued, plead and be impleaded, appear, prosecute and defend 
to final judgment and execution, and may appoint an agent or 
agents to prosecute and defend suits with power of substitution ; 
and it shall be lawful for the said society to make sale of any 
estate or personal property, given or purchased as aforesaid, 
or in any other way or right accruing to them in their corporate 
capacity, (unless that which is given be otherwise expressl}^ or- 
dered, or appropriated by the donor.) and convey the same by 
deed or other legal instrument duly executed, and when the 
property to be conveyed is real estate, under the hand of the 
treasurer and the seal of the society : Provided that all monies 
arising from such sale be applied to the same use to which the 
income thereof was before applied. 

Sect. 4. Be it further enacled, That William Phillips,Esq. be, and 
he hereby is authorized, by notification in any two of the ncws- 
))apers printed in Boston, to appoint the time and place of the 
first meeting of said society. [Dec. 4, 1816.] See 18l9ch. 83. 

An Act to incorporate the Fragment Society. 

Sect. 1 . BE it enacted by the Senate and House of Rcpresenta' 
tives^ in General Court assembled, and by the authority of the same^ 
That Mary Francis, Margaret C. Welch, and their associates, 
together Avith such others as may become subscribers to the 
same institution, in the manner hereinafter provided, be, and 
they are incorporated for the purpose of aiding and assisting 
indigent sick persons in the town ot Boston, by the name of the 
Fragment Society ; and by that name shall be a corporation 
forever, with power to have a common seal, to make contracts 
relative to the objects of their institution, to sue and be sued, to 
establish by-laws and orders for the regulation of said society 



1816. Chap. 63. 151 

and the preservation and application of the funds thereof; pro- rrovisvT. 
vided the same be not repugnant (o the constitution and laws of 
this Commonwealth, to take, hold and possess any estate, real 
and personal, by subscription, gift, grant, purchase, devise, or 
otherwise ; and the same to improve, lease, exchange or sell 
and convey for the sole benefit of said institution ; provided the 
value of the real estate of the said society shall never exceed 
twenty thousand dollars, and the annual income of the whole 
estate of said society shall not exceed five thousand dollars. 

Sect. 2. Be it further enacted, That every married woman 
belonging to said society, who shall, with the consent of her 
husband, receive any of the money or other property of said fi^^i^j^^jg jj^. 
society, shall thereby render her said husband accountable ^le. 
therefor to said society ; and every woman, whether sole or 
married, who shall subscribe and pay to the funds of said so- 
ciety, a sum not less than one dollar annually, shall by sub- 
scription and payment become a member of said society, liable 
however to be removed whenever she shall neglect or refuse 
to pay her annual subscription. 

Sect. 3. Be it farther enacted, That the said society shall 
meet m Boston on the second Monday in October annually, for Annual meet- 
the purpose of electing by ballot from their members, a first '"§ *^'"' "*^^"'^* 
and second president, a treasurer, secretary, and a board of 
not less than nine, nor more than twelve managers, all of which 
officers shall hold their said offices for one jeaii\ and until oth- 
ers shall be elected to succeed them ; and the managers for the 
lime being shall publish a notification of the time and place of 
each annual meeting in one or more of the Boston newspapers, 
at least seven days iDefore the time of holding the same. Upon gpeciai meet- 
any urgent occasion, the first or second president, or when re- ings. 
quested in writing by fifteen members of said society, any five 
of the managers may appoint a special meeting of said society, 
to be notified in the same manner as the annual meetings. And 
at any regular meeting of the board of managers, they may re- 
move any manager from office, and by ballot fill any vacancy, 
so or otherwise made ; provided two thirds of their whole num- 
ber shall concur. 

Sect. 4. Be it further enacted, That the treasurer of said so- r^^.g^g^^gj, 
ciety shall be a single woman of the age of twenty-one years 
or upwards, and shall give bond with sufficient surety or sure- 
ties to account annually, or oftener. if required by said society 
or the board of managers, for all money and properly of said 
society, and in general to discharge the duties of said office with 
fidelity. 

Sect. 5. Be it further enacted, That the board of managers 
for the time being shall have the management and application Stock and dis- 
of the subscriptions, funds and estate of the society, solely for bursements. 
the purpose of this institution ; and no sale or transfer of any 
of the real or personal estate of said society shall be valid, un- 
less approved by them ; and no money shall be paid out of the 
treasury of said society except in pursuance of their order; 
they shall likewise have authority at their discretion to give or 
loan any articles belonging to said society to such indigent and 



152 



1816. 



Chap. 63—64, 



Rules and re- 
gulations. 



May be sued. 



Form of In- 
struments. 



Chap. 64. 



Trustees. 



T«rm of Office. 



sick persons in the town of Boston, as they believe upon en* 
quiry, recommendation, or visiting, to be proper objects lor the 
charity of this institution ; and the managers shall have autho- 
rity to establish any rules and by-laws for the regulation of the 
proceedings of said board, and the concerns of said society, not 
repugnant to the laws of this Commonwealth, or the by-laws 
and orders of said society ; not less than five managers shall 
constitute a quorum for transacting business, and all questions 
shall be decided by the votes of a majority of the members 
present. 

Sect. 6. Be it further enacted, That any writ or process 
against said corporation may be served by the officer's leaving 
an attested copy thereof with the treasurer of said society, or 
at her usual place of residence, thirty days beibre the return 
day thereof; and the said treasurer, or any agent appointed 
for that purpose, by the society or managers, may appear by 
attorney, and defend or prosecute any suit in behalf of said so- 
ciety. 

Sect. 7. Be it further enacted, That all instruments of con- 
veyance or contract, which may lawfully be made by said 
society, if approved by the board of managers, shall be 
signed by the first or second president, and countersigned by 
the secretary ; and if necessary, sealed with the common seal 
of said society ; and when so executed, shall bind the said 
society and be valid in law. \^Dec. 4, 1816.] 

An Act to incorporate the Tiustees of the Ministerial Fund, in the first parish in 
Pembroke. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Alden Briggs, Nathaniel Loring, jun. and Anthony 
Collamore, be, and they hereby arc a[)pointed trustees of the 
Ministerial Fund in the first parish in Pembroke, lo receive 
and hold all the money and securities given to said first pa- 
rish for the support of the gospel, and to receive and hold all 
other property that now is, or that may be hereafter given to 
said parish, for the like purpose, in trust for the use and bene- 
fit of said parish, the interest of which to be applied for the 
support of a gospel minister, of the congregational order or 
denomination ; and they and their successors in office shall 
constitute a body politic and corporate, by the name of The 
Trustees of the Ministerial Fund in the first parish in the town 
of Pembroke, to have perpetual succession for the due and 
faithful management of said trust; and are hereby vested with 
all powers incident to corporations, and necessary and requi- 
site for that purpose. 

Sect. 2. Be it further enacted, That the trustees aforesaid 
shall hold their office for four years from the passing of this 
act, and until others are chosen in their place ; and all vacan- 
cies that take place, shall be filled by said parish; and every 
four years said parish shall elect three persons, members of 
said parish, as a new board of trustees ; and whenever either 
of the trustees shall cease to be a member of the parish, he 



1816. Chap. 64—66. 153 

shall be considered as resigning his office as trustee ; and thd 
vacancy thereby occasioned shall be filled by the parish ; and 
the trustees appointed by this act, and their successors, .-hall 
give bond to the treasurer of said parish in double the amount 
of all money and securities in their hands as trustees, with 
sufficient sureties, to the acceptance of the parish committees, 
for the faithful discharge of the duties of their trust, and shall 
annually settle their accounts with the committee of said pa- 
rish, and pay over the interest arising from said fund to the Settlement of 
treasurer of said parish ; and on producing from said trea- accounts, 
surer, a certificate of said payment, the parish committee shall 
discharge said trustees from the same ; and said trustees may 
exhibit their accounts for services to said parish for appro- 
bation and allowance, and the sums voted them shall be their 
cotnpensation for services. 

Sect. 3. Be it further enacted^ That the trustees aforesaid Trustees may 
may loan the money belonging to said funds, but it shall be loan money. 
their duty in no case to loan it but as they secure the pay- 
ment by a mortgage of real estate, unless such loan is made 
with the knowledge and consent of the parish committee ; and 
if said trustees shall become seized of lands and tenements by 
mortgage as security for payment of any debts due said trus- 
tees, or parish, and the fee by due course of law becomes 
vested in them as trustees aforesaid, it shall be lawful for 
said trustees, for the time being, to execute a good and lawful 
deed of the same to any purchaser; provided that the sale Proviso^ 
thereof be concluded on at any legal meeting of said parish : 
and whenever a board of trustees shall be discharged by the 
choice of a new one, or by any other cause, their bond shall 
not be cancelled by the treasurer of said parish, until said 
trustees shall produce a certificate from the parish committee, 
that I hey have delivered over to the new board of trustees all 
the property in their hands belonging to said funds, in which 
case the treasurer aforesaid shall cancel their bonds, and exe- 
cute their discharge. [Dec. 5, 1816.] 

An Act to incorporate the Merchants' Insurance Company in Boston. L/fiap, bbi 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled^ and by the authority of the 
same. That William Bourn Swett, James Howe, Joseph Balch, Persons incor- 
Benjamin Thompson and others, and such persons as have P^'^'^'^'^- 
already or hereafter shall become Stockholders in said com- 
pany, being citizens of the United States, be, and they here- 
by are incorporated into a company and body politic, by the 
name of The Merchants' Insurance Company in Boston, for 
and during the term of twenty years after the passing of this 
act; and by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final judgment and 
execution, and have a common seal, which they may alter at 
pleasure, and may purchase, hold and convey any estate, real 
or personal, for the use of said company, subject to the re- 
strictions hereinafter mentioned. 

Sect. 2. Be it further enacted, That a share in the capital 

VOL. V. 20 



154 1816. Chap. 66. 

Capital Stock, stock of Said Company, shall be one hundred dollars, and the 
isn'^'^rqfi number of shares shall bo one thousand ; and if the said 
1819 ch! 12.) number of shares are not already filled, subscriptions shall be 
kept open, under the inspection of the president and directors 
of said company, until the same shall be filled ; and the whole 
capital stock, estate or property which the said company shall 
be authorized to hold, shall never exceed two hundred thou- 
sand dollars, exclusive of premium notes or profits arising 
from said business; of which capital stock or property, a sum 
not exceeding ten thousand dollars may be invested in real 
estate. 

Sect. 3. Be it further enacted, That the stock, property, 
^ aflairs and concerns of said company, shall be managed and 

conducted by thirteen directors, one of whom shall be presi- 
dent thereof, who shall hold their offices for one year, and 
until others shall be chosen, and no longer; which directors 
shall, at the time of their election, and so long as they con- 
tinue to be directors, be stockholders and citizens of this Com- 
monwealth, and not directors in any other company, carrying 
on the business of insurance, and shall be elected on the first 
Election by Tuesday in January, in each and every year, at such times 
^^'lot- of the day, and at such place in the town of Boston, as a ma- 

jority of the directors for the time being shall appoint; of 
which election, public notice shall be given at least in two of 
the public newspapers, printed at Boston, at the time, and 
continued for ten days immediately preceding such election ; 
and such election shall be holden under the inspection of three 
stockiiolders. not being directors, to be appointed previous to 
every election by the directors or president, and shall be 
made by ballot, by a majority of votes of the stockholders 
present, allowing one vote to each share in the capital stock: 
Proviso. Provided, that no stockholder shall be allowed more than ten 

votes, and the stockholders not present, may vote by proxy, 
under such regulations as the said company shall prescribe. 
Sect. 4. Be j//i/r//ier e?iffc/ef^. That the directors so chosen. 
Choice of Pre- shall meet, as soon as may be after every election, and shall 
sident. choose out of their body, one person to be president, who 

shall preside for one year, and until another shall be chosen : 
and shall be sworn faithfully to discharge the duties of his 
oifice ; and in case of the death, resignation or inability to 
serve of any director, or of the president, or in case of an}' 
vacancy occasioned by either of them ceasing to be a stock- 
holder, such vacancy or vacancies shall be filled for the year 
in which they may happen, by a special election for that pur- 
pose, to be held in the same manner as is herein before di- 
rected, respecting annual elections for directors and presi- 
dent. 

Sect. 5. Be it further enacted. That the president and six 
of the directors (or seven of the directors in the absence of 
Borud of Ofti- [\iq president) shall be a board competent to transact business; 
"'*' and all questions before them shall be decided by a majority 

of votes ; and they shall have power to make and prescribe 
such by-laws, rules and regulations, as to them shall appear 
needful and proper, touching the management and disposition 



1016. Chap. 66. 155 

of the stock, property, estate and effects of said company, and 
the transfer of shares, and touching the powers, duties and 
conduct of the several officers, clerks and servants employed, 
and the election of directors, and all such matters as apper- Duties. 
tain to the business of insurance or to ihe concerns of the 
company ; 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 allowance to them, and 
to the president, as to the said board shall seem meet: Pro- Proviso. 
vided, such by-laws, rules and regulations, shall not be re- 
pugnant 10 the constitution or laws of this Commonwealth. 

Sect. 6. Be it further enacted, That there shall be stated 
meetings of the directors, at least once a month, and as often stated meet- 
within each month as the president and board of directors ing. 
shall deem proper; and the president and a committee of three 
directors, to be by him appointed in rotation, shall assemble 
daily, if need be, for the despatch of business ; and the said 
board of directors, and the committee aforesaid, at and during 
the pleasure of said board, shall have power and authority 
on behalf of the compan}^, to make insurance upon vessels, 
freight, money, goods and effects, and in cases of money lent 
upon bottomry and respondentia, and to fix the premiums, ^^'^^^ insure 

• , 1 "^ r ^ 1 11 1- • r • 1 against fire, 

risks and terms ot payment; and all policies oi insurance, by 1819 ch. 12.; 

them made, shall be subscribed by the president, or in case 

of his death, sickness, inability, or absence, by any two of the 

directors, and countersigned by the secretary, and shall be 

binding and obligatory upon the said company, and have the 

like effect and force as if under the seal of said company; 

and the assured may thereupon maintain an action upon the 

case against said company; and all losses duly arising under 

any policy, so subscribed, may be adjusted and settled by the 

president or board of directors, and the same slnll be binding 

on the company. 

Sect. 7. Be it further enacted, That it shall be the duty of 
the directors, on the third Tuesday of April and October in 
every year, to make dividends of so much of the interest aris- Dividends, 
ing 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 out- 
standing, 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, v/hereby the capital stock of the 
company shall be lessened, before the whole amount of stock 
is paid in, each proprietor's or stockholders estate shall be Accountabiii- 
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 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 l^een added to the capital ; and 
that, once in every two years, and oftcner, if required, by a '^'"^"'''• 
majority of votes of the stockholders, the directors shall lay 
before the stockholders, at a general meeting, an exact and 



J 56 



1816. 



Chap. 66. 



Proviso, 



Instalments. 



particular statement of the profits, if any there be, after de- 
ducting losses and dividends. 

Sect. 8. Be it further enacted, That the said Company shall 
Restrictions, not, directly OF indirectly (except as is herein permitted for the 
investment of their funds) deal or trade in buying or selling any 
goods, wares, merchandize or commodities whatsoever, and the 
ca})ital stock of said Company, after being collected at each 
instalment, shall, withiri six months after payment of each in- 
stalincnt, be invested in United States' stock, or in the funded 
debt of this Commonvveahh, or in the stock of the United States' 
Bank, or of any incorporated bank in this Commonwealth : Pro- 
vided, that so much as the Obmpany is at liberty to invest in 
real estate, may be kept in money or invested stocks, until the 
same shall be invested in real estate, at the discretion of the 
President and Directors of said Company, or of other oflficers 
which the Proprietors shall for such purpose appoint. 

Sect. 9. Be it further enacted, That fifty dollars on each 
share subscribed in said Company, shall be paid within sixty 
days after the first meeting of the said Company, in money, and 
the remaining sum due on each share within one year after- 
wards at such etiual instalments, and under such penalties as 
the said Company shall direct ; and no transfer of any share 
shall be permitted or be valid until all the instalments shall 
have been paid in. 

Sect. 10. Be it further enacted, That the property of any 
Property liable member of the said Company, vested in the stock of the said 
to attachment. Company, shall be liable to "attachment, and to the payment 
and satisfaction of his just debts to any of his bona fide credi- 
tors, in manner following, to wit; in addition to the summons 
by law prescribed to be left with the defendant, a like sum- 
mons 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 profits due, or growing due thereon, or so 
much thereof as shall be sufficient, shall thereby be held to 
respond said suit according to law; and all transfers of the 
debtor's shares not noted in the books of the Company previ- 
ous to the delivery of such summons, shall be barred thereby ; 
and execution may be levied upon the property of any Stock- 
holder in said Company, and his share or shares therein ex- 
posed to sale, in the same manner as is by law prescribed, 
where personal estate is taken in execution ; and it shall be 
the duty of the officer who extends such execution, to leave an 
atteslect copy thereof, with his doings thereon, wkh the Secre- 
tary of said Company; and the purchaser shall thereupon be 
entitled to the reception of all dividends and stocks to which 
the debtor was previously entitled; and upon any attachment 
being made or execution levied on any shares in said Company 
it shall be the duty of the Secretary of said Company, to ex-> 
pose the books of the Company to the officer, and furnish him 
with a certificate, under his hand, in his official capacity, as- 
certaining the number of shares the debtor holds in said Com- 
pany, and the amount of the dividends due thereon. 

Sect. 1|, Be ilfurlher enacted, That in case of any loss ox 



iai6. Chap. 66—67. 157 

losses taking place that shall be equal to the amount of the capi- Real estate 

tal stock of the said Company, and the President and Directors, ^ 

after knowing of such loss or losses taking place, subscribing 

or consenting to make any policy of insurance, thrir estates, 

jointly and severally, shall be accountable for the amount of 

any and every loss that shall take place under policies thus 

subscribed or made. 

Sect. 12. Be it further enacted. That the President and _ ... 
T-\- c ■ t /~i I 11 • u • 1 -u- Public notice. 

Directors oi said Company shall, previous to their subscribing 

any policy, and once in every year after, publish in two of the 

newspapers printed at the time in Boston, the amount of their 

stock, against what risks they mean to insure, and the largest 

sum they mean to take on any one risk. 

Sect. 13. Be it further enacted, Thsit the ssi'id President and Ljn,itation of 

Directors shall not be allowed to insure on any one risk, a risks. 

larger sum than ten per centum of the amount of the capital 

stock of said Corporation actually paid in ; 

and the said Company shall not, at any one time, have at visk more than five times Repealed 
the amount of the capital stock paid in. IHI cii. 96. 

Sect. 14. Be it further enacted. That the President and ^ ... 

_,. r • 1 /^ ■ 1 11 1 1 /• -1 Legislative ex- 

Directors oi said Company shall, when, and as often as required ammation of 
by the Legislature of this Commonwealth, lay before them a accounts, 
statement of the affairs of said Company, and submit to an ex- 
amination concerning the same, under oath. 

Sect. 15. 5e /</?/r//icr enac/ff/, That three of the Directors „ . 
shall at every annual election become ineligible to a re-election, 
and remain ineligible for one year, so that nine only of any 
Board, and the President, can be re-elected. 

Sect. 16. Be it further enacted, That the said William B. 
Swett, James Howe, Joseph Balch and Benjamin Thompson, Fust meeting, 
or any three of them, are hereby authorized to call a meeting 
of said Company as soon, and at such place in the town of Boston 
as may be deemed expedient, by advertising the same lor ten 
days, in two of the newspapers printed in said town, for the 
purpose of electing the first Board of Directors, who shall con- 
tinue in office until the first Tuesday of January next following, 
' and until others are chosen in their stead. [Dec. 5, 1816.] 
Add acts— 1817 ch. 96: 1819 ch. 12. 

An .^CT to incorporate the second Congregational Society in Greenfield. ^, __ 

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



same, That Samuel Wells, Jonathan Leavitt, Jerome Ripley, Persons 
Eliel Gilbert, George Grinnell, Ambrose Ames, Oliver Wilkin- incorpoi 



son, David Ripley, George Grinnell, jun. Quartus Wells, Abner 
Wells, Thomas W. Ripley, Franklin Ripley, John Russell, Asa 
Goodenough, Charles Stearns, Hooker Leavitt, John Dennio, 
Samuel Billings, Calvin L. Munn, Thomas Gilbert, Timoihy 
Hall, Ansel Phelps, Guy Bordwell, Margaret Willard, Franklin 
Wells, Samuel Wells, jun. Timothy HalCjun. Lucius Dickinson, 
Pliny Russell, Jonathan Smith, El'ihu Severance, Alanson Clark, 
Ebenezer Newcomb, jun. Thomas Bridgman, Solomon Wells, 
Charles Lombard, Beriah Willard, John Russell.jun. Cyrus ft;ar- 
iindale, Elizabeth Clap, Abner Wells, jun. James Fisk, Jonathan 



rporated . 



158 



1816. 



Chap. 67. 



May hoU real 
and personal 
«state. 



Proviso. 



Continuity of 
salary. 



Conditions of 
secession. 



Conditions of 
further seces- 
sion. 



Justice to issue 
warrant. 



Peirce, Betsy Bird, Rhoda Wells, Mary Swan, Theodore D# 
Lyman, Daniel Wells, Ebenezer Billings, Guy Arms, Klijah 
Alvord, 2d. James K. Cutler. Peter T. Sprague, Asceneth Steb- 
bins, Elihu Lyman, Silas Logan, Joshua Leavitt, Clarissa Wil- 
liams. Ezekiel B. Wells, and Ezekiel Bascom, with their fami- 
lies and estates, with such others as may here associate with 
them and their successors, be, and they hereby are incorporated 
into a Religious Society, by the name of The Second Congre- 
gational Society in Greenfield, with all the powers, privileges 
and immunities to which parishes are entitled by the constitu- 
tion and laws of this Commonwealth ; and may purchase, re- 
ceive by gift or otherwise, and hold real and personal estate, 
the annual income of which shall not exceed the sum of two 
thousand dollars, for the purpose of building a meeting-house 
and supporting public worship therein ; and may also ordain 
and establish such by-laws and regulations as to them shall 
seem necessary and convenient for the government of the said 
Society and the management of their ministerial funds ; pro- 
vided^ such by-laws and regulations shall be in nowise contrary 
to the laws and constitution of this Commonwealth. 

Sect. 2. Be it further enacted^ That the said Second Con- 
gregational Society in Greenfield shall be holden to pay their 
annual proportion of the salary of the Rev. Roger Newton, 
D.D. and it shall be hiwful for the said town to cause the said 
salary to be assessed, collected and paid in the same manner 
as if the said town had continued one parish. 

Sect. 3. Be it further enacted, That any person living in 
the said town of Greenfield, who may at anytime hereafter be 
desirous of joining the said Second Congregational Society, and 
shall certify the same to the Clerk of the said town, which certi- 
ficate shall be recorded by the said Clerk, shall thereafter, with 
his or her polls and estate, become a Member of said Congre- 
gational Society; Provided however, that such person shall be 
held to pay to the parish cr Societj', which he or she shall 
leave as aforesaid, his or her proportion of all parish or Society 
taxes, assessed and not paid at the time of the filing such certi- 
ficate with the town Clerk as aforesaid. 

Sect. 4. Be it further enacted, That any Member of the said 
Second Congregational Society, who may at any time hereafter 
be desirous of leaving saidSociety,and joining any other parish or 
religious Society in the said town of Greenfield, and shall certify 
the same to the Town Clerk of said town, which certificate 
shall be recorded by said Clerk, shall thereafter, with his or 
her polls and estates become a Member of such other parish 
or religious Society : Provided however, that such person shall 
be held to pay to said Second Congregational Society, his or 
her proportion of all Society taxes, assessed and not paid at the 
time of filing said certificate with the said Town Clerk as 
aforesaid. 

Sect. 5. Be it further enacted. That any Justice of the Peace 
for the county of Franklin, upon application therefor, be, and 
hereby is authorized and empowered to issue his warrant to 
some Member of said Second Congregational Society in Green- 



1816. Chap. 67—70. 159 

field, requiring him to notify and warn the Members thereof to 
meet ai such convenient time and place as shall be appointed 
in said warrant for the election of such officers as parishes are 
by law required to choose at their annual parish meeting?,and to 
transact such other parochial business as may be authorized in 
said warrant. [Dec. 5, 1816.] See 1819 ch. 120. 

An Act to incorporate the First Baptist Society in Westborough. WlOp. /U. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Elisha Morse, John Beeman, Seth Grout, Asahel Persons 
Bellows, Moses Morse, John Belknap, Seth Belknap, Josiah incorporated, 
Warren, Noyes Bryant, Abner Warren, Lawson Graves, Jc^i- 
ah Hardy, Elisha F. Valentine, L^'dia Haskell, George An- 
drews, Phineas Haskell, William Williams, John Johnson, 
Jonathan Pike, Jabez G. Fisher, Hannah Hawes, George W. 
Beeton, Seth Peirce, Joshua Mellen, Joshua N. Mellen, Elam 
Stearns, Elijah Fay, Amasa Maynard, Edward Bellows, and 
Judson Woods, with their families and estates, together with 
such others, being inhabitants of either of the towns of West- 
borough, Southborough and Northborough, in the county of 
Worcester, and Hopkinton, in the county of Middlesex, as have 
or may hereafter associate with them, for the same purpose in 
the manner hereinafter described, be, and they are hereby in- 
corporated into a religious Society, by the name of The First 
Baptist Society in Westborough, with all the powers and privi- 
leges and immunities to which other parishes are entitled by 
the constitution and laws of this Commonwealth for religious 
purposes only. 

Sect. 2. Be it further enacted. That any person in either Terms of 
of the said towns of Westborough, Southborough and Northbo- secession, 
rough, or Hopkinton, being of the Baptist denomination afore- 
said, who may at any time hereafter actually become a Mem- 
bet" of, and unite in religious worship with the Society afore- 
said, and give in his or her name to the Clerk of the town or 
parish to which he or she belongs, with a certificate signed by 
the Minister or Clerk of said Society, that he or she has actu- 
ally become a Member of, and united in religious worship with 
the aforesaid Baptist Society in Westborough, fourteen days 
previous to the town or parish meetings therein, to be held in 
the month of March or April annually, shall from and after 
giving such certificate, with his or her polls and estate, be con- 
sidered as part of said Society: Provided horvever, that such Piovisc 
person shall be holden to pay the proportion of all money as- 
sessed in the town or parish, to which he or she belonged pre- 
vious to that time. 

Sect. 3. Be it further enacted. That if any Member of said Further sece^^ 
Baptist Society shall at any time see cause to leave the same, sion. 
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 Baptist Society, 
and also with the Clerk of the town or parish in which he or 
she may reside, fourteen days at least before the annual town 



160 1816. Chap. 70—72. 

or parish meeting to be holden therein, in the month of March 
or April, and shall pay his or her proportion of all money 
assessed on said Society previous thereto, such person shall, 
from and after giving such certificate, with his or her polls and 
estate, be considered as belonging to the town or parish in 
which he or she may reside, in the same manner, as if he or 
she had never belonged to said Baptist Society. 

Sect. 4. Be it further enacted, That Nathan Fisher, Esq. be, 
Warrant for ^nd he is hereby authorized to issue a warrant, directed to 
meeting. some suitable Member of said Baptist Society, requiring him 

to notify and warn the Members thereof to meet at such time 
and place as shall be appointed in said warrant, to choose such 
ofilcers as parishes in this Commonwealth are bylaw authoriz- 
ed to choose, in the month oi March or April annually. [JDec. 
6, 1816.] 

Chap. 71. ■^^ ^•^''~ '" further addition to an Act, putitled " An Act authorizing a Lottery for 
(1811 ch. 148.) completing the repairs of Plymouth Beach." 

nftil*^h*i^'\ ^^^ ^^ ^>^(^^f^(^ by the Senate and House of Representatives, in 
'^ • 'J General Court assembled, and by the authority of the same. That 
the Managers of the Plymouth Beach Lottery be, and they are 
Continuance of hereby allowed to prosecute the business of said Lottery, until 
lottery. they shall have raised sixteen thousand dollars, with the neces- 

sary expenses attending the same, agreeable to the several acts 
passed on this subject ; provided the Managers aforesaid shall, 
on or before the twenty-eighth day of February next, give an 
Managers' additional bond to the Treasurer of the town of Plymouth, in 
bond. the sum of fifteen thousand dollars, conditioned to pay into the 

hands of the agent or agents for applying the money to the ob- 
ject of this grant, the proceeds of the said Lottery, agreeable to 
the several acts passed on said subject; and when they shall 
have raised said sum, and closed the concerns of said Lottery, 
shall make up and exhibit to the Selectmen of the town of Ply- 
mouth, a fair account of their whole proceedings, which, if ap- 
proved and accepted by said Selectmen, the said Managers 
shall be entitled to the return of their bonds in two years from 
the date of said settlement, and so much of the second and fifth 
(1811 ch.i48.) sections of the act, entitled " An act authorizing a Lotter}'' for 
completing the repairs of Plymouth Beach," as are inconsistent 
with the provisions of this act, be, and the same are hereby re- 
pealed. [Dec. 9, 1816.] 

Chap. 72. "^^ ■^^'^ '° incorporate the New-England Religious Tract Society. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the 
Persons incor- ^"'^^i That William Bartlet, ofNewburjport, Nehemiah Clca ve- 
nerated, land, of Topsfield, William Reed, of Marblehead, Joshua Bates, 
of Dedham, Henry Homes, of Boston, and their associates, be^ 
and they hereby are incorporated and made a body politic, by 
the name of The New-England Religious Tract Societj', for the 
purpose of publishing pious and useful books and tracts for dis- 
tribution among the ignorant and destitute ; and by that name 
may sue and be sued, plead and be impleaded, appear in Court, 
defend and prosecute to final judgment and execution : and, in 



1816. Chap. 72—74. 161 

their said corporate capacity, they may have and use a com- 
mon seal ; and they and their successors forever, may take, 
possess and apply to the purposes of said Corporation, any mo- 
nies which may be given for immediate use ; and may hold as 
a permanent fund, any estate, whether real or personal, the 
yearly income of which shall not exceed fifteen hundred dollars, 
and the same shall he faithfully appropriated to the object afore- 
said, and not otherwise. 

Sect. 2. Be it further enacted. That said Corporation may, 
at the first legal meeting thereof under this act, and at any sub- 
sequent legal meeting, make and establish such rules and by- By-laws, 
laws, not repugnant to the constitution or laws of this Common- 
wealth, as shall be found expedient for the management of their 
concerns ; and may appoint such officers, and assign them such 
duties as the interest of the Corporation may require. 

Sect. 3. Be it further enacted, That the first meeting of the First meeting, 
said Corporation shall be held at Boston, on the Monday pre- 
ceding the last Wednesday in May next, and that the said Wil- 
liam Bartlet shall give notice of the time and place of meeting, 
by causing a suitable advertisement to be inserted in the Co- 
lumbian Centinel, at least three weeks successively before said 
day. [Dec. 9, 1816.] 

An Act to incorporate the Trustees of the Ministerial Fund in the first parish in C%flP. 74. 
Cambridge. •* 

Sect. 1 . BE it enacted by the Senate and House of RepresentU' 
lives, in General Court assembled, and by the authority of the same. 
That Abiel Holmes, Loammi Baldwin, William Hilliard, Abra- Persons ineor- 
ham Hilliard, Timothy L. Jennison, Jonas Wyeth, the 2d, and P°'f^t^^'- 
Abel Whitney, all inhabitants of the first pai'ish in Cambridge, 
be, and they hereby are constituted a body politic and corpo- 
rate, by the name of The Trustees of the Ministerial Fund in 
the first parish in Cambridge ; and they and their successors 
shall continue a body politic and corporate forever, by that 
name, for the purposes, with the rights and powers, and subject 
to the duties and obligations, hereinafter mentioned ; and shall 
be vested with all other powers, incident to Corporations and 
requisite and necessary for those purposes ; and by the same 
name may sue and be sued, in all actions, and pursue and de- ^^^^g^f ^"'^ 
fend the same to final judgment and execution : Provided, that Proviso, 
the above named persons shall continue such Trustees as afore- 
said, till said parish, at a parish meeting legally warned and 
holden for the purpose, shall elect seven persons, belonging to 
said parish, to be the successors of the above named persons in 
said Corporation, and until the persons, so chosen by said pa- 
rish, shall accept the trust, and no longer. 

Sect. 2. Be it further enacted, That said parish, if they see 
cause, maj, annually, in March or April, at any legal meeting 
thereof, duly warned for the purpose, choose such number of Trustees, 
Trustees as they shall judge proper, to be Members of said Cor- 
poration, instead of the same number of the then existing Mem- 
bers, who shall be designated by name in the vote of said 
parish. 

VOL. V. 21 



162 



1816. 



Chap. 74. 



Vacancies fil 
led up. 



Funds. 



Tntevnal regu- 
lations. 



Sect. 3. Be it further enacted. That whenever any vacanc/ 
happens among said Trustees, by deatli, resignation, removal, 
or otiierwise, the said parish, at any parish meeting legally 
warned for that purpose, shall fill up said vacancy within one 
month lifter it shall happen ; and, if said parish neglects so to 
do within that time, then said Trustees, by a major vote, shall 
have power to fill up such vacancy. 

Sect. 4. Be it further enacted, That the Trustees before 
mentioned, and their successors in office, be, and hereby arc 
invested with power to demand, sue for, recover and receive 
all properly, whether real, personal, or mixed, which now does, 
or whicii shall hereafter constitute said fund, or any part there- 
of, and all securities for, and evidences of such property, and 
to hold the same for the purposes mentioned in this act ; and to 
receive and hold, for the purposes herein mentioned, all sub- 
scriptions, donations, grants, bequests, devises and appropria- 
tions, that may hereafter be made, for the support of the Con- 
gregational Ministry in said parish ; provided, these, when ad- 
ded to the above mentioned fund, shall not exceed the annual 
income of two thousand dollars. 

Sect. 5. Be it further enacted, That said Trustees may as- 
semble and meet as often as they think necessary for the pro- 
motion of their trust, any four of whom shall constitute a Board 
for doing business, but the concurrence of four at least, shall be 
requisite to every act and proceeding whatever ; they may de- 
termine the manner of calling their meetings; they shall ap- 
point a Treasurer and Clerk, an Agent or Agents, and other 
needful Officers and Committees ; they may make rules, regu- 
lations and by-laws, and annex to them penalties for the breach 
thereof, not repugnant to the laws of this Commonwealth; they 
may have a common seal, and change the same at pleasure ; 
and they may alienate, by good and sufficient deed, or deeds, 
any real estate, the title whereof shall be vested in them, by 
way of mortgage, execution, or by operation of law. 

Sect. 6. Be it further enacted, That the Clerk of said Cor- 
poration, who shall be a Member thereof, and shall be sworn 
in the same manner as town officers are, to the faithful perfor- 
Duties of clerk, mance of the duties of his office ; shall have the care and cus- 
tody of all papers and documents belonging to said Trustees, 
excepting those, the care and custody of which are hereinafter 
given to the Treasurer; and shall carefully and fairly record 
all their votes and proceedings in a book to be kept for that 
purpose, and shall certify the same when thereunto required ; 
and he shall call meetings when he may think the same neces- 
sary, or when thereto directed by said Trustees: and do what- 
ever else may be incident to his office ; and he shall deliver up 
to his successor in office, as soon as may be, all the papers, re- 
cords and documents in his hands, in good order and condi- 
tion ; and if he shall neglect so to do, for thirty days next after 
such successor shall be duly appointed, he shall forfeit and pay 
a fine of fifty dollars, and the further sum of thirty dollars per 
month for such neglect afterwards. 

Sect. 7. Be it further enacted. That the Treasurer shall give 



Penalty. 



1816. Chap. 74. 163 

bond to said Trustees and their successors, with sufficient sure- Duties of Trea. 
ties, to be approved by them, in such penal sum as they shall *"'^'"- 
require, amounting, at least, to twice the value of the fund, 
which they shall then hold and have the management of, for 
the purpose aforesaid, with condition to do and perform all the 
duties incumbent on him as Treasurer ; and he shall be the re- 
ceiver of all money and eflects due, owing and coming to them ; 
and may demand, sue for and recover the same, in their name, 
unless prohibited by them ; and he shall have the care and 
custody of the money and eflects, obligations and securities for 
the payment of money, or other things, and evidences of pro- 
perty 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, and exhibit 
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 he shall deliver up to his successor in office, as 
soon as may be, all the books and papers, property and eviden- 
ces of property, in his hands, in good order and condition ; and 
if he shall fail to deliver up the same as aforesaid, for the space Penalty, 
of ten days next after such Treasurer shall be duly chosen, he 
shall forfeit and pay a fine of fifty dollars, and the further sum 
of thirty dollars per month for such failure or neglect after- 
wards. 

Sect. 8. Be it further enacted, That it shall be the duties of 
the said Trustees to use, manage and improve such fund, or es- Disposition of 
tate, as shall be vested in them, by virtue of this act, with care ^""'^^• 
and vigilance, so as best to answer and promote the design 
thereof; and they shall be amenable to the inhabitants of s»id 
parish for negligence, or misconduct in the management or dis- 
position thereof, whereby the same may be impaired, or suffer 
loss, waste, or diminution; and the inhabitants of said parish 
may have and maintain a special action of the case against the 
proper persons of said Trustees, and their goods and estate, 
jointly and severally, for such negligence or misconduct, and 
recover adequate damages therefor ; any sum so recovered 
shall be for the benefit of said fund, and shall be paid to said 
Trustees, who may have an action of debt therefor accordingly. 

Sect. 9. Be it further enacted, That said Trustees shall cause 
to be recorded and kept in their book of records, by their Records. 
Clerk, a correct statement of the funds and estate in their hands, 
wherein shall be particularly designated, so far as practicable, 
the nature and amount of each original grant, devise, donation 
or purchase, the period when made, the design thereof, and the 
name of the grantor, devisor, donor, or vender, with his or her 
name, place of abode and addition, with such other facts and 
circumstances, as they shall think useful and proper, to distin- 
guish the same and perpetuate the remembrance thereof; and 
they shall make a report of such statement to the inhabitants of Annual repovt. 
said parish, at their meeting in the month of March or April 
annually, where the same shall be publicly read, or to a select 
Committee, if said parish shall choose one for that purpose ; to- 



/ 

164 1816. Chap. 74. 

gether with a specific estimate of what estate they actually hold 
and by what tenure ; what money and eflects are due to them, 
and how the same are secured ; and what receipts have been 
obtained, and what disbursements made by them, the preced- 
ing year. 

Sect. 10. Be it further enacted, That said Trustees shall 
loan upon interest, at least, one half of all the money belonging 
to said fund, upon the bond, or note of the borrower, with a 
mortgage of real estate of double the value of the sum loaned, 
as collateral security for the repayment of the principal sum, 
with the interest annually, till paid, and the other half thereof 
they may loan as aforesaid, or vest in any of the public stocks, 
funds or banks of this Commonwealth ; and said Trustees may 
Appropriation appropriate the income of said fund, according to the intention 
of income. of the donor. or donors, within the provisions of this act ; so far 
as the m inner of appropriation has been or shall be prescribed 
by such donor or donors; but as to those parts of said fund, in 
relation to which the donor or donors have not, or shall not 
prescribe the manner of appropriation, said Trustees shall ap- 
ply at least one third of the income thereof to augment said fund 
until the annual income of said fund shall amount to one thousand 
dollars, and then said Trustees may appropriate the whole inter- 
est of said fund, or any part thereof, so long as the annual income 
shali continue to be one thousand dollars, for the support of the 
Congregational Ministry in said first parish, as said parish shall 
from time to time direct ; but in no case to lessen, or make use 
of, ^ny part ot the principal ; and should said Trustees be pos- 
sessed of a fund, the annual income whereof shall be more than 
sufficient to pay the salary or salaries of such Congregational 
Minister or Ministers, as shall be regularly ordained and set- 
tled in said parish by the joint concurrence of the inhabitants 
and church thereof, the surplus may be applied for the support 
of schools for teaching the principles of piety, morality and re- 
ligion, and for teaching sacred music, or either of them, as said 
parish shall from time to time direct, or may be appropriated 
Proviso. to increase said fund, within the limitation aforesaid : Provided, 

that nothing herein contained shall be construed to alter, im- 
pair, vacate, or in any way efiect the contract now existing be- 
tween said parish and their present Minister ; but the proceeds 
of said fund, whenever the same shall be paid to him, shall be 
deemed to be in satisfaction of his salary, for the time being, 
so far as the same will apply to the discharge thereof. 

Sect. 11. Be it further enacted, That if said Trustees shall 
Responsibility fail to pay the annual income of said fund to the Congregational 
of Trustees. Minister, at any time legally settled in said parish, or so much 
thereof as such Minister shall be entitled to, for the space of 
thirty days after the same shall become payable, or they shall 
neglect to make report to said parish in March or April, annur 
ally, or to a select Committee, as in this act directed, they shall 
sevorany forfeit, for e^ch oflVnce, the sum of fifty r!ollars. and 
the further sum of thirty dollars per month afterwards, until 



1816. Chap. 74—75. 165 

they shall make payment as aforesaid, and until they shall pre- 
pare such report as aforesaid, and give notice thereof to the 
Clerk of said parish : Saving always, that said Trustees shall 
not be liable to the forfeiture aforesaid, for failing to make such 
payment as aforesaid, of said income, or so much thereof, as 
such Minister shall be entitled to, if they use due diligence to 
get possession of said income, and make payment thereof as 
aforesaid, on demand, after they shall have the possession 
thereof. 

Sect. 12. Be it further enacted^ That said Trustees shall be 
entitled to a reasonable compensation, to be paid by said parish. Compensation 
for their services and risk in managing and taking care of said 
fund and estate ; but no part of such funds or estate, or the 
income thereof, shall ever be appropriated to that purpose. 

Sect. 13. Be it further enacted, That all fines and forfeit- 
ures incurred for any breach of this act, shall and may be re- 
covered by action of debt by the inhabitants of said parish, if 
they shall sue for the same within six months after the same Parish may- 
shall be incurred, for the use and benefit of said fund, and to be ^"^' 
paid to said Trustees accordingly — otherwise by any person 
who shall sue therefor, one moiety thereof to his own use, and 
the other moiety thereof to the use and benefit of said fund, 
and shall be paid to said Trustees accordingly ; and they may 
have and maintain an action of debt, to recover the same. 

Sect. 14. Be it further enacted, That the above-named Loam- 
mi Baldwin, William Hilliard, and Abraham Hilliard, or any >, 
two of them, are hereby authorized and directed to appoint the ' '^^^ '"^' 
time and place for holding the first meeting of said trustees, and 
to warn such meeting accordingly. [Dec. 9, 1816.] 

An Act to incorporate the Trustees of the Salem-street Academy. (Jhup, 75. 

Sect. 1. BE it enacted by the Senate and Hoiise of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That the Rev. Asa Eaton, Shubael Bell, Thomas Clark, John Persons incor 
Rice, Benjamin Smith, James W. Burditt, Nathaniel Faxon, John P°''=^tefi- 
Odin, Scammel Penniman and Benjamin Clark, be, and they 
hereby are created a body politic and corporate, by the name 
of" The Trustees of the Salem-street Academy," and that they 
and their successors shall be and remain a body politic and 
corporate, under that name forever. 

Sect. 2. Be it further enacted, That the said corporation shall 
have full power and authority to determine at what times and Choice of offi- 
places their meetings shall be holden, and on the manner of *^'^''^* 
notifying the trustees to meet at such meetings; and f;lso from 
time to time, to elect a president, treasurer, secretary, and such 
other officers of said corporation, as they shall judge expedient : 
Also to make orders, and enact, as occasion may require, a . 
constitution, and such rules and regulations and by-laws, as Regulations, 
they may think proper, not repugnant to the constitution and 
laws of this Commonwealth, with re sonabie penal'ies fur the 
good government of an academy, erected in Salem-street. in the 
town of Boston. 

Sect. 3. Be it further enacted^ That the president and trus-? 



166 



line. 



Chap. 75—77. 



Proviso. 



May sue and 
be sued. 



Power of trus- tees shall have full power and authority, from time to time, as 
**^®' they may determine, to elect a preceptor, and such assistants, 

as they may judge proper, to manage the literary concerns of 
said academy, to fix the salaries of each, and also to remove 
the preceptor and assistants, when, in their judgment, they shall 
deem him or them incapable of discharging the duties of their 
offices, or shall neglect to perform the same. And also to sup- 
ply any vacancies that may happen by death, resignation or 
otiierwise, in their board ; provided nevertheless, that the num- 
ber of trustees, including the president, shall never be more 
than five, nor less than three. 

Sect. 4. Be it further enacted, That the said corporation may 
have a common seal, which they may break, alter or renew at 
pleasure ; and that all deeds and conveyances, signed and de- 
livered by the treasurer, and sealed with their seal, by order 
of the president and trustees, shall, when made in their corpo- 
rate name, be considered as binding on the corporation. And 
that the said corporation may sue and be sued, appear in court, 
plead and be impleaded, in all actions, real, personal or mix- 
ed ; and may prosecute the same to final judgment and execu- 
tion, by the name of the Trustees of the Salem-street Academy ; 
and that the said corporation shall have power to hold, and 
take, by gift, grant, devise or otherwise, any lands, tenements 
or other estates, real or personal ; provided the annual clear in- 
come of the same does not exceed three thousand dollars. 

Sect. 5. Be it further enacted, That James W. Burditt be, and 
he hereby is authorized and empowered to call the first meet- 
ing of the corporation, by leaving a written notification at the 
house of each trustee, at least three days previous to the meet- 
ing. [Dec. 9, 1816.] 

Chap* 77. An Act to establish an Academy in the town of Kingston. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the saiiie, 
Location, That there be and hereby is established in the town of Kings- 
ton, in the county of l^Iymouth, an academj', by the name of 
the Kingston Academy, for the purpose of promoting piety and 
virtue, and for the education of youth in the languages, and 
such of the liberal arts and sciences, as the trustees hereafter 
named shall order and direct. 

Sect. 2. Be it further enacted. That Martin Parris, Esq. 
Rev. Morrill Allen, and Dr. Zacheus Bartlett, be, and they 
her.ebv are nominated and appointed trustees of said academy, 
and are incorporated into a body politic, by the name of 
the Trustees of Kingston Academy ; and they and their suc- 
cessors shall be and continue a body politic and corporate, by 
the same name, forever ; and shall have a common seal, which 
May sue and they may break, alter and renew at pleasure ; and may sue 
ho """' jjj^j ^g g^,g(J jpj q\\ actions, real, personal and mixed, and pro- 

secute and defend the same to final judgment and execution, 
by the name of the Trustees of Kingston Academy; and shall 
have power and authority to elect such officers as they shall 
judge necessary, and make and ordain such laws, rules andor- 



First meeting. 



Trustees. 



be sued. 



1816. Chap. 77—78. 167 

ders, not repugnant to the laws of this Commonwealih, for the 
government of said academy, as to them shall seem lit and re- 
quisite. 

Sect, 3. Be it further enacted^ That the number of the trus- Number and 
tees aforesaid shall not at any one time be more than seven, PfJ^*^ °^ *'"^" 
nor less than five, three of whom shall be necessary to make a 
quorum for transacting business ; and the trustees aforesaid 
shall have power to fill all vacancies, and, within three monihs 
from the date of this Act, shall (ill up the first board of trustees ; 
and may, when s;ud board shallconsist of at least live trustees, 
hold, by grant, gift or devise, any estate, real or personal, which 
hath been heretofore given, granted, devised, or subscribed, or 
which may hereafter be given, granted, devised, or subscribed, 
for the purposes aforesaid ; provided, the annual income of said Proviso, 
estate shall not exceed three thousand dollars ; and all deeds 
and instruments, lawfully made by said ti'ustees, and sealed 
with their seal, shall bind said trustees and their successsors in 
office. 

Sect. 4. Be it further enacted, That Martin Parris, Esq. be, pj^.^^ ,i,eetinc 
and he is hereby authorized and empowered to appoint the 
time and place for holding the first meeting of said trustees, and 
notify them thereof. [Dec. 11, 1816.] 

An Act to divide the town of Dennis into two Parishes. Chcip, 78. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the town of Dennis, in the county of Barnstable, shall be, 
and hereby is divided into two separate parishes, to be known 
as the North Parish, and the South Parish, by the following 
described lines, viz : Beginning at the division line between the 
towns of Yarmouth and Dennis, in the road to Chatham, near Boundavie?. 
the Weldens' ; thence easterly in said road opposite the house 
of Seth Bangs ; thence easterly on such a course as to strike 
the easterly line of the said town of Dennis at a point therein, 
which is the northwest corner of the town of Harwich, and the 
southwest corner of the town of Brewster, near the White Pond, 
so called. And the said parishes are respectively invested with 
all the corporate powers and privileges, and shall also be sub- 
ject to all the duties and requirements of other parishes or re- 
ligious societies, according to the constitution and laws of this 
Commonwpalth. 

Sect. 2. Be it further enacted. That the public ministerial Division of pro- 
property in the said town of Dennis, shall be divided in such perty. 
proportion as may be found and determined by the ministerial 
tax which was assessed for the present year, at the last assess- 
ment, made in the year of our Lord one thousand eight hun- 
dred and fifteen. And each parishioner shall be taxed for his 
ministerial tax, on his whole property, in that parish only in 
which he may dwell or reside. 

Sect. 3. Be it further enacted, That any Justice of the Peace 

for the county of Barnstable, is hereby empowered tO issue a '^^f ^'"g/o^'ha 
. i-.j. c 111-11- .• I c -1 choice of offi. 

warrant un-ected to a freehold mhabitant m each ot said pa- cers. 
rishes, respectively, requiring him to notify and warn the in- 



168 



1816. 



Chap. 78—85. 



Chap. 85. 



Persons incor 
poiatcd. 



Pajsonage. 



Shares trans- 
ferable. 



Annual meet- 
ing for choice 
of officers. 



habitants in his own parish, to meet at such convenient time and 
place as shall be appointed in said warrant, i.o elect and appoint 
such officers as parishes are by law empowered and required 
to choose and appoint, at their annual parish meetings. [Dec. 
11, 181G.] 

An Arr lo incoipoiaie an association, for the support of a Parsonage in the town 
of Oxfoitl. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same., 
That Narhan HhII, Elias Pratt, John Meriam, Stephen Prince, 
Sylvan',1': Town, Charles Town, Peter Butler, Ebenezer Me- 
riam, Abijah Davis, Archibald Campbell, James Gleason, Sa- 
muel Cohurn, Joseph Brown, jun. Martha Kingsbury, and Da- 
vid Nichols, be, and hereby are incorporated into a body po- 
litic, by the name of the Oxtbrd Ministerial Association ; and 
they and their successors shall be, and continue a body politic 
and corporate by that name forever ; and they may have a 
common sea), subject to be altered at their pleasure ; and they 
may sue and be sued in all actions, real, personal and mixed ; 
and may prosecute and defend the same lo final judgment and 
execution. 

Sect. 2. Be it further enacted, That said association be, and 
hereby are authorized to raise, by subscription, the sum of four 
thousand dollars, to be appropriated to the purpose of purchas- 
ing land, wlicreon to erect a parsonage house, for the use of 
the Congregational minister in the town of Oxford, and for 
building said house and other necessary out-houses, under the 
direction of trustees, to be chosen as is hereinafter provided ; 
and the said land and buildings shall forever continue the pro- 
perty of the association for the use aforesaid, and no other. 

Sect. 3. Be it further enacted. That said property shall be 
divided into twelve ecjual shares, to be distributed among the 
members of said association, proportionally as they shall sub- 
scribe for the same; and said shares shall, at all times, be 
transferable, and may be conveyed, by deed or otherwise ; and 
the owners of said shares, or parts thereof, shall be members 
of said association ; and no person shall continue a member 
when he or she shall cease to have an interest in the shares 
aforesaid. 

Sect. 4. Be it further enacted. That there shall be a meeting 
of said association on the first Monday of March annually, at 
which time there shall be chosen three or more trustees, a 
clerk, treasurer, and such other officers as may be necessary 
to manage the concerns of the association ; and said trustees 
shall have the care and superintendance of the property afore- 
said, and shall see that the same is exclusively appropriated 
for the purposes before-mentioned ; and shall render an account 
of their doings annually, and as much oftener as they may be 
required ; and said trustees shall give bond to the treasurer for 
the time being, in such sum as the association shall direct, con- 
ditioned faithfully to discharge their trust. 

Sect. 5. Be it further enacted, That whenever a vacancy may 



1816. Chap. 85—86. 169 

occur in any office, by death, resignation or removal from town, 
a meeting of the association shall be convened, as soon as may 
be, by the clerk or treasurer, by posting up a notification at 
the meeting house, or some public house or houses in Oxlord, 
at least seven days before the time of said meeting; at which 
meeting or an adjournment thereof, the vacancy m;iy be sup- 
plied : And the members of said association shall have power^ Vacancies sup- 

, . , , 1 ,. Ill plied, 

at any meetmg regularly convened, to form and adopt such 

rules, regulations and by-laws as may be thought necessary ; 
provided the same be not repugnant to the constitution or laws 
of this Commonwealth. 

Sect. 6. Be it further enacted^ That at all meetings of the as- Votes, 
sociation, each share shall be entitled to a vote ; and if any 
share be holden by more than one individual, those owners 
thereof who shall be present, or shall have constituted a proxy, 
shall, together, be entitled to one vote, and no more. 

Sect. 7. Be it further enacted, That either of the Justices of Justice may 
the Peace in the town of Oxford, may issue his warrant, direct- caii meeting, 
ed to some member of said association, requiring him to notify 
and warn the first meeting thereof, at such time and place as 
said warrant shall designate; at which meeting, the same being 
duly notified and convened, the said association shall be or- 
ganized, and proper officers chosen. \_Dec. 11, 1816.J 

An Act authorizing the President, Directors and Company of the State Bank to Lyhcip» 86. 
reduce their capital stock. 1811 ch. 84. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assetnhled, and by the authority of the same, 
That, from and after the first day of xMarch next, the capital 
stock of the President, Directors and Company of the State Diminution of 
Bank shall consist of a sum not more than three millions ofdol- stock. 
iars, nor less than eighteen hundred thousand dollars, as the 
same shall be determined at a meeting of the stockholders of 
said bank, to be holden as hereinafter provided ; the number 
of shares to be the same as at present established by law : Pro- 
vided however, 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 commis- 
sioners by them appointed, at the expense of the corporation, 
that there exists in said bank, funds belonging to said corpora- 
tion sufficient to pay all their bills in circulation, and all depo- 
sits and other demands existing against the same, beyond the 
sum then to be divided ; provided also, that nothing herein con- Proviso; 
tained shall be construed to pft'ect the liability of the corpora- 
tion, or the individual stockholders, as established by the origin- 
al Act incorporating said bank ; and provided also, that this Act 
shall not authorize the reduction of the capital stock aforesaid, 
unless before the said first day of March next, the stockholders 
of said bank, at a legal meeting, to be called for the purpose, 
shall, by a majority of legal voters then present, agree to the 
provisions hereof; and provided also, that the sum, to which the 
now existing capital stock of said bank shall be reduced, as is 
herein before provided, shall be and continue the permanent 

VOL. v. 22 



170 



1816. 



Chap. 86—90. 



Tax. 



capital stock of said bank until the same shall be altered by 
law. 

Sect. 2. Br it further enacled. That the said President, Di- 
rectors and Company shall he holden to pay into the treasury 
of this Comnionvveallh, their proportion of the (ax now requir- 
ed to be paid by law upon the existing capital of said bank, 
until the same shall actually be reduced and the amount ol 
such reduction divided and'ordered to be paid over to the sev- 
eral and respective stockholders. [Dec. 11, 1816^] 

An Act to leduce the Capital Stock of the Boston Bank. 
Sect. ]. BE it enacted by the Senate and House of Representa- 
tives, in General Court nssenibled, and by the authority of the same, 
That from and after the first Monday of April, in tltc year of 
our Lord one thousand eight hundred and seventeen, the capi- 
tal stock of the corporation, created by an Act of the legisla- 
ture, passed on the twenty-third day of June, in the year of our 
Lord one thousand eight hundred and twelve, by the name o\ 
the President, Directors and Company of the Boston Bank, be 
and the same hereby is reduced to the sum of nine hundred 
thousand dollars. 

Sect. 2. Be it further enacted^ That the number of shares in 
said bank shall, from and after the said first iMonday of April, 
be twelve hundred, and that each share shall be of the esti- 
mated or nominal value of seventy-five dollars. 

Sect. 3. Be it further enacted. That no dividend of the capi- 
tal 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, at (he expense 
of said corporation, that there now exists in said bank funds 
belonging to said corporation, sufficient to pay all notes in cir- 
culation, and all deposits, and other demands cxis(ing against 
the same beyond the sum then to be reduced : and that nothing 
contained in this Act shall be construed toafiectthe liability of 
the corporation, or the individual stockholders, as established 
by the original Act incorporating said bank, or any other ex- 
isting law. And the said corporation shall be holden to pay 
into the treasury of this Commonwealth, their proportion of the 
tax now required to be paid by law upon the existing capital 
of said bank, until the same shall be actually reduced as afore- 
said, and all arrearages of taxes paid. 

Sect. 4. Be it further enacted, That the liability of the Pre- 
sident, Directors and Company of the Boston Bank to loan to 
the Commonwealth, shall be in proportion to the sum of the 
capital of said corporation, when reduced as aforesaid. [Dec. 
13, 1816.] Add. act— 1817 ch. 6. 

Chap. 90. An Act in further addition to an Act, entitled "An Act to regulate the paving ot 
1799 ch, 31. streets in the town of Boston, and for removing obstructions in the same." 

iIo9~'i^28^^*^ Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 



Chap. 89. 



1812 ch. 34. 



Diminution of 
stock. 



Shares. 
(12000, by 
1817 ch. 6.) 



Competency of 
lands. 



Tax. 



Loans to state, 



18 J 6. Chap. 90. 171 

That the selectmen of the town of Boston, for the time being, 
whenever in (heir opinion the safety or convenience of the in- 
habitants of said town shall require it, shall be, and they here- po^grs. 
by are empowered to discontinue any street, lane or alley of 
the said town, or to make any alteration in the same, in part or 
in whole; reserving however, in ail cases, to individuals who 
may sustain damage thereby, recompense for the same, to be 
ascertained and allowed in the same manner as is provided in 
the Act, entitled " An Act in addition to an Act entitled An Act '804 ch. 73. 
to regulate the paving of streets in the town of Boston, and for ^ • • P" •' 
removing obstructions in the same." 

Sect. 2. Beit further enacted^ That all orders, votes and de- Orders, votes, 
terminations of the said selectmen of the town of Boston, here- &c. valid, 
tofore had and passed for the discontinuance of any street, lane 
or alley of the said town, or respecting any alteration in the 
same, in whole or in part, shall be held and considered as good 
and valid to all intents and purposes, as if the said Act to 
which this is in addition, had explicitly vested said authority 
in the said selectmen ; reserving alwaj^s to individuals recom- 
pense for damages sustained thereby as is provided in the said 
Act. 

Sect. 3. Be it further enacted^ That the selectmen of the town 
of Boston shall keep a record of all the streets, lanes and al- 
leys of the said town, and of all the votes and proceedings re- 
lative to the same ; and that copies thereof, certified by the 
town clerk, shall be valid to all intents and purposes. 

Sect. 4. Be it further enacted. That from and after the pass- Prohibitions, 
ing of this Act, no person shall raise up from any street, wharf 
or place of public resort within the town of Boston, for the pur- 
pose of storing the same, any cask, bale of goods, or other ar- 
ticles of merchandize, into the second or any higher story of 
any house, store or other building upon or adjoining the same, 
and on the outside of such buildings, and that no person shall 
deliver from the second or any higher story of any house, store, 
or other building on the outside of the same, which shall adjoin 
upon any street, wharf, or place of public resort, within the said 
town of Boston, any cask, bale of goods, or other article of 
merchandize, except at such times and places, and under such 
restrictions and limitations, as the selectmen, lor the time being, 
shall by writing authorize and direct. And every person who Penaitie?. 
shall offend in manner aforesaid, shall forfeit and pay to the 
Commonwealth, for each and every such offence, a sum not ex- 
ceeding one hundred dollars, nor less than ten dollars, to be 
recovered b}^ indictment in the Municipal Court, for the tov/n 
of Boston, with costs of prosecution ; provided, that this shall Pioviso. 
not be construed to extend to the raising any materials or oth- 
er articles which may be necessary in erecting, repairing or 
taking down any building within the said town of Boston, or for 
the convenience the.-eof, or for removing any merchandize or 
other article in case of danger by fire, or other inevitable ca- 
sualty. [Dec. 13, 1816.] Add. act— 1817 ch. G. 



172 



1816. 



Chap. 92. 



Chap. 92. 



Persons incor- 
porated. 



i)eposits, 



Disposition of 
the Funds. 



Annual meet- 
ings. 



General pow- 
ers. 



An Act to incorporate the Provident Institution for Savings in the town of Bosloir. 

Sect. i. BE k enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That, his Honor William Phillips, John Phillips, Samuel 
Parkman, James Perkins, Thomas Dawes, John Lowell, Rus- 
sel Sturgis, Jonathan Hunewell, Josiah Quincy. John D. Wil- 
liams, James Prince, Thomas K. Jones, Richard Sullivan, Red- 
ford Webster, William Little, Samuel Snelling, Jesse Putnam, 
Esquires, Reverend Thomas Baldwin, D. D. Reverend Wil- 
liam E. Channing, Reverend Charles Lowell, William Mackay, 
Elisha Ticknor, Jonathan Amory, jun. Samuel H. Walley, 
John L. Sullivan, John IBellows, Joseph Coolidge, jun. John 
Richards, Ozias Goodwin, John Dorr, Samuel May, Gedney 
King, William Ropes, Andrew Ritchie, Edward Tuckerman, 
jun. William Harris, David Greenough, Thomas Motley, Ben- 
jamin Smith, David W. Child, Gideon Snow, Edward Cruft, 
Jacob Hiler, Jonathan Phillips, William Cochran, Nathaniel 
G. Snelling, Lewis Tappan, and James Savage, be, and they 
hereby are incorporated into a society, by the name, style and 
title of " The Provident Institution lor Savings in the town of 
Boston ;" and that they, and such others as shall be duly elect- 
ed members of the said corporation, as is in this act provided, 
shall be, and remain a body politic and corporate, by the same 
name, style and title forever. 

Sect. 2. Be it further enacted, That the said society and 
corporation, shall be capable of receiving, from any person or 
persons disposed to obtain and enjoy the advantages of said 
Institution, any deposit or deposits of money, and to use and 
improve the same for the purposes, and according to the direc- 
tions herein mentioned and provided. 

Sect. 3. Be it further enacted. That all deposits of money 
received by the said society, shall be by the said society used 
and improved to the best advantage ; and the income or profit 
thereof, shall be by them applied and divided among the per- 
sons making the said deposits, their executors or administrators 
in just proportion, with such reasonable deductions, and the 
principal of such deposits may be withdrawn at such times 
and in such manner as the said society shall direct and ap- 
point. 

Sect. 4. Be it further enacted. That the said society and 
corporation shall, at their annual meeting in December, have 
power to elect, by ballot, any other person or persons as mem- 
bers of the said society. 

Sect. 5. Be it further enacted, That the said society may 
have a common seal, which they may change and renew at 
pleasure ; and that all deeds, conveyances and grants, cove- 
nants and agreements made by their treasurer, or any other 
person, by their authority and direction, according to their in- 
stitution, shall be good and valid ; and the same Corporation 
shall, at all times, have power to sue, and may be sued, and 
may defend, and shall be held to answer, by the name, style 
and title aforesaid. 

Sect, 6, Bt it further enacted, That the said society shall 



iai6. Chap. 92—96. 173 

hereafter meet at Boston, sometime in the month of December 
annu.illj, and as much oftencr as they may judge expedient ; 
and any seven members of the said corporation, the president, Election of 
a vice president, treasurer, or secretary being one, shall be a ^'"<^^'^^- 
quorum ; and the said society, at their meeting in December 
annually, shall have power to elect and choose a president, 
vice-president and all other such officers as to them shall ap- 
pear necessary ; which officers, so chosen, shall continue in 
office one year, and until others are chosen in their room ; and 
all officers, so chosen, shall be under oath to the faithful per- 
formance of the dulies of their offices respectively. 

Sect. 7. Be it further enacted^ That the said society hereby 
are, and forever shall be vested with the power of making by- Bylaws, 
laws for the more orderly managing the business of the corpo- 
ration ; provided the same are not repugnant to the constitution 
or laws of this Commonwealth. 

Sect. 8. Be it further enacted^ That his Honor William 
Phillips, Esq. be, and he hereby is authorized, by public noti- First meeting, 
fication, in two of the Boston newspapers, to call the first meet- 
ing of the said society, at such time and place, as he shall 
judge proper. [Dec. 13, 1816.] 

An Act, in arlrlition to an act, entitled "An act for incorporating certain persons f^hrin q<2 
therein named, by the name of the Trustees of the Church and Congregation in ' * * 

the second precinct in Pembrolie." 1794 ch. 29. 

Sect. 1. BE it enacted by the Senate and House of Represen- '^' 

iatives in General Court assembled, and by the authority of the 
same, That the inhabitants of the second precinct in Pembroke, 
in the county of Plymouth, be, and they hereby are authorized, 
at any legal meeting, by them called for that purpose, to choose 
by ballot, two or more trustees, in addition to the number now Additional 
appointed, under an act, entitled " An act for incorporating cei'- trustees, 
tain persons therein named, by the name of the Trustees of 
the Church and Congregation of the second precinct in Pem- 
broke;" provided, the whole number of trustees shall not ex- Proviso, 
ceed nine, nor be less than five : and the trustees, so chosen, 
as aforesaid, shall have all the powers and privileges, and be 
subject to all the duties and requirements of the present board ; 
and all future compensation of said board of trustees for ser- 
vices, shall be paid by the precinct, and shall not be taken from 
the fund, or its proceeds in their hands. 

Sect. 2. Be it further enacted, That all future vacancies in 
said board, shall be filled by said precinct, at any legal meet- 
ing of the same ; and a majority of the whole board shall con- Vacancies 
stitute a quorum for the transaction of business; and so much fi'ie'i up- 
of the act aforesaid, to which this is in addition, as is incon- 
sistent with the provisions of this act, shall be, and the same 
is hereby repealed. [Dec. 13, 1816.] 

An Act to incorporate the second Societj' of Universalists in Boston. Chrtn Qfi 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
ta'ivcs in General Court assembled, and by the authority of the same^ 
That Richard Faxon, John Brazer, Edmund Wright, Benja- persons 
min Russell, Thomas Wiley, Daniel C. Robinson, Martin Her' incorporated. 



174 



1816. 



Chap. 96—100. 



Proviso. 



Assessments. 



sey, Nathaniel Hammond, Addison Bacon, William Barry, Levi 
Melcher, Elijah Loring, Caleb Wright, Pelatiah Rea, Daniel 
E. Powers, .Joseph Badger, Samuel Hastings, Winslow Wright, 
Daniel Johnson, .John Trul!., and John Blunt, jun. and all oth- 
ers who may associate with theai, be, and they hereby are in- 
corporated as a religious society, by the name of the Second 
Society of Universalists in the town of Boston, with all the 
privileges, powers and immunities, to which other religious so- 
cieties in this Commonwealth are entitled by law. 

Sect. 2. Be itfurlher enacted, That the said society shall be 
capable in law to purchase, hold and dispose of any estate, 
real or personal, for the use of said society ; provided, the an- 
nual income thereof shall not exceed at any time the value of 
three thousand dollars. 

Sect. 3. Be it further enacted. That' the committee of the 
said society, chosen at any legal meeting thereof, shall be au- 
thorized to raise, by assessment on each member of said soci- 
ety, such sum or sums of money as may be by them consider- 
ed a [^rcportionate part of the expenses of settling and main- 
taining sulU minister or ministers of the gospel, as the society 
may call and elect, and the contingent expenses of the society; 
and gener;illy to do and transact all business for the said socie- 
ety js they may thir.k fit and proper. 

Sect. 4. Be it further enacted, That any justice of the 
peace for the county of SulTolk, be, and he hereby is authoriz- 
ed to issue his warrant to some member of said society, requir- 
ing him to warn the members thereof to meet at such conve- 
nient time and place, in said town of Boston, as shall be therein 
directed, to choose a moderator, a clerk, a treasurer and such 
other officers, committee or committees, as they shall think 
needful. And the moderator, so chosen, and moderators, cho- 
sen at any future meetings of the said Societj-, shall have au- 
thority to administer the oaths of office to the clerk and any 
other officers which the society shall think proper to elect, and 
from whom the said socict3' may think it necessary and proper, 
by a vote in any of its meetings, to require an oath, for the 
faithful discharge of the duties of their office. [Dec. 13, 1816.] 

An Act in I'uithtM' afidition to an act, entitlod an act to incorporate the President, 
Directors and Company oi' the Mechanics' Bank in Newburypoit. 

BE it enacted hy the Senate and House of Representatives, 
in General Court assembled, and by the anthorily of the same. 
That from and after the passing of this act, the number of 
directors in the Mechanics' Bank in Newburyport. shall be 
seven, four of whom shall be a quorum, any thing in the act to 
which this is in addition to the contrar}'^ notwithstanding. [Dec. 
13,18 16.] 

Chan 100. -^^ ^^^ ^° incorporate the Congregational Society in the town of Southhridge. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives in General Court assembled, and by the authority oj 
Persons incor- the srtme, That Daniel Morse, Joshua Harding, Samuel Newell, 
porated. Oliver Plimpton, Jason Morse, Freeman Pratt, Frederick Wil- 

liam Bottom, Fletcher Foster, Abel Mason, jun. Timothy Paige, 



Meeting for 
choice of offi- 
cers. 



Chap. 97. 

1812 ch. 46. 
l!513 ch. 26. 



1316. Chap. 100. 175 

George Sumner, Oliver Mason, jun. James Wheelock, Ralph 
Harding, Eibridge G. Harding. Salem Marsh, Calvin Amnii- 
down, Joseph Clark, Abel Mason, Ralph Wheelock, Waterman 
Potter, Pliny Arnold, Ebenezer I). Ainmidown, Asahel Prouty, 
Oliver Mason, Smith Foster, Duty Marsh, jun. Moses Mason, 
Henry Hooker, Abijah Rich^irdson, Parker Morse, John 
Rider, Munson Morse, Enoch Bacon, Stephen H. Eastabrook, 
Corban Lyon, John Nevvhall, Jonathan Green, George Glea- 
son, Nathaniel Marsh, David Atherton, Smith Ellis, Denison 
Wheelock, Duty Marsh, John Marsh, Alpheus Foster, Joseph 
Eaton, Moses Wheelock, Aaron Putnam, John Marsh, jun. Joel 
Walker, Dresser Bacon, Benjamin Walker, Hinsdale Foster, 
Davis Wheelock, Calvin Wheelock, Luther Wheelock, Chaun- 
cy Plimpton, Samuel Austin Groves, Samuel Lewis Newall, 
Bela Carpenter, with their families and estates, together with 
such others as may hereafter associate with them and their 
successors, be, and they are hereby incorporated as a religious 
society, by the name of the Congregational Religious Society 
in Southbridge, with all the powers and privileges which other 
reli;':ious societies enjoy, according to the laws and constitution 
of this Commonwealth. 

Sect. 2. Be it further enacted, That any person who may, 
at any lime hereafter, actually become a member of, and unite Membership 
in religious worship with said congregational society, and give 
in his or her namf to the clerk of the parish to which he or 
she did heretofore belong, with a certificate, signed by the 
minister or clerk of said society, that he or she haih actually 
become a member of, and uiiited in religious worship with said 
congregational society, fourteen days previous to the parish 
meeting therein, to be held in the month of March or April an- 
nually, sh '11, from and after giving such certificate, with his or 
her polls and estate, be considered as a member of said Socie- 
ty : Provided howtvei\ that such person shall be held to pay his Proviso. 
or her ])roportion of all monies assessed or voted in the parish 
to which he or she bdoiiged previous to that time. 

Sect. 3. Be it further enacted. That when any member of 
said society shall see cause to leave the same and unite in re- Secession. 
ligious wor'ihip with any other religious society in the town or 
pa 'ish in which he or she may live, and shall give in his or 
her name to the clerk of said congregational society, and a 
certificate, signed by the minister or clerk of the parish, or 
other religious society, with which he or she may unite, that he 
or she hath actually become a member of, and united in reli- 
gious w^orship with such other parish, or such other religious 
society, fourteen days previous to their annual meeting in 
March or April, and shall pay his or her proportion of all mo- 
nies voted in said Society to be raised previous thereto, shall, 
from and after giving in such certificate, with his or her polls 
and estate, be considered as a member of the society with 
which he or she may so unite. 

Sect. 4. Beit further enacted, That any Justice of the Peace 
in the town of Southbridae, be, and he hereby is authorized 
and empowered to issue his warrant, directed to some suitable 



176 



1816. 



Chap. JOO— 103. 



Meeting to 
ehoose officers. 



Chap. 103. 



Rules and 
orders. 



Penalties. 



Averment on 
complaints. 



member of said society, requiring him to notify and warn the 
members of said society, qualified to vote in parish affairs, to 
meet at such time and place in the said town of Southbridge, 
as shall be appointed in said warrant, to choose such parish 
officers as are by law required to be chosen in the months of 
March or April annually, and to transact all other matters and 
things necessary to be done in said society. [Dec. 13, 1816.] 

An Act for the more effectual regulation of the Market in the town of Salem, and 
for other purposes. 

Sect. 1. BE it enacted by the Senate and Hmise of Representa- 
tives^ in General Court nssemhled, and by the authority of the same. 
That the Selectmen of the town of Salem, for the time being, 
be, and hereby are authorized to make any rules and orders, 
not repugnant to the constitution or laws of this Common- 
wealth, for the due regulation and government of the Market- 
house of said town, and of the Market-carts, waggons, sleds, 
sleigh.s, and other vehicles or carriages, used for marketing in 
said town, and of the marketmen who frequent said town for 
the purpose of buying and selling provisions and other com- 
modities in open market ; and the said Selectmen be, and 
hereby are authorized to appoint, from time to time, suitable 
places in the streets, squares and other public places in said 
town, in which all waggons, carts, sleds, sleighs, or other 
vehicles or carriages, containing provisions, wood, hay, barrels, 
or o'her commodities for sale in open market, shall stand, for 
the purpose of such sale ; which rules and orders, w hen ap- 
proved by the inhabitants of said town, in legal town-meeting 
assembled, shall be and become by-laws of said town, and 
shall be binding upon all persons whomsoever. And such 
rules and orders, when so approved, shall be published in all 
the newspapers printed in said town. And if any person or 
persons shall, after the same shall have been published as 
aforesaid, offend against any of such rules or orders, he, she 
or they shall, for each offence, forfeit and pay a sum not ex- 
ceeding ten dollars, to be recovered on complaint of either of 
the Selectmen of said town, or of any person or persons who 
shall be appointed by them as Inspector or Inspectors of the 
Police of said town, before any Justice of the Peace for the 
county of Essex, resident in said town, or elsewhere in said 
county. And all fines and forfeitures, recovered on any such 
complaint, shall be paid to the Overseers of the Poor of said 
town, to be distributed among such poor, according to the dis- 
cretion of the said Overseers. 

Sect. 2. Be it further enacted. Thzit in every such complaint 
under this act, as well as in all other complaints for breaches 
of any of the by-laws of said town, it shall be sufficient sum- 
marily to state the offence, and to conclude with an averment 
that the same is against the by-laws of the said town, without 
reciting the by-law or by-laws on which such complaint shall 
have been founded, or the time or manner in which the same 
was or were passed or approved. 

Sect. 3. Be it further enacted^ That until such rules and 



Igl6. -Chap. 103— 105. ' 177 

t)Ydcrs shall be made by the Selectmen of said town, and ap- Regulations. 
proved as aforesaid, the present by-laws of said town upon the 
same subject shall be binding to all intents and purposes upon all 
persons coming within the purview thereof. And for breaches of 
the same by-laws, the same remedies may be had and pursued, 
in the same manner as is provided in this act for breaches of 
the rules and orders hereafter to be made and approved as is 
heroin provided. [Dec. 13. 1816.] 

An Act to incorporate tlie West-Cambridge Baptist Society. Chap» 105» 

Sect. 1. BE it enacted bij the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That James Frost, Benjamin Locke, Nathaniel Goddard, Isaac Persons 
Cutter, Gershom Swan, Philemon R. Russell, Aaron Cutter, incorporated. 
Samuel Jones, Timothy Swhu, Samuel Cutter, Isaiah Jenkins, 
William Locke, James Locke, William Locke, jun. Elkanan 
Blanchard, Elizabeth Williams, Mary Cutter, Peter Swan, and 
Philemon R. Russell, jun. together with their families and estates, 
and such other persons as may hereafter join them and their 
successors, be, and they are hereby incorporated into a Reli- 
gious Society, by the name of The West-Cambridge Baptist 
Society, with all the powers, rights, privileges and immunities. Powers, 
and subject to all the duties to which other Religious Societies 
within this Commonwealth are by law and the constitution re- 
spectively subject and entitled. 

Sect. 2. Be it further enacted. That said Society, so incor- May l^Ql^ j.gai 
porated, shall have power to receive, by donation or otherwise, estate. 
and to purchase, hold and enjoy such real and personal estate, 
as they may deem necessary for the due support of religious 
worship in said Society ; provided, the same shall not exceed 
in value the sum of thirty thousand dollars. 

Sect. 3. Be it further enacted. That James Frost of Cam- 
bridge, Benjamin Locke, of West-Cambridge, and Philemon R. 
Russell of Charlestown, be, and they hereby are appointed 
Trustees, to receive and manage any donations, legacies or de- 
vises, for the use and benefit of the said Society; and the said 
Trtistees, or any tMO of them are authorized to appoint a Trustees to 
Treasurer ; and the said Trustees and said Treasurer shall officers. ° 
give bond to the said Society, to be approved by said Society 
at a legal meeting thereof, for the faithful execution of their 
trust ; and the said Trustees and Treasurer shall be accounta- 
ble to said Society ; and shall, as often at least as once in every 
year, pay over to the Treasurer of said Society, when requir- 
ed by their vole, the interest or proceeds of any estate or funds 
held by them for the use and benefit of said Society: Provided piovisc. 
however, that if any donation, legacy or devise, shall be ex- 
pressly limited by the donor or testator thereof, to Trtisteesby 
him or her particularly named, the same shall enure to the 
use and benefit of said Society, in such manner and under such 
limitations as shall be consistent with the intention of such 
donor or testator. 

Sect. 4. Be it further enacted. That whenever any vacancy 
shall happen in the Board of Trustees above-named, by death, 

VOL. V, 03 



178 



181G. 



Chap. 105—107. 



Vacancies fill- resignation or otherwise, the same shall be forthwith filled by 
^'^ "P* the said Society by ballot, at a meeting, lo be called for that 

purpose, by any Justice of the Peace agreeably to ihe provi- 
sions of this act, or the by-laws of the said Society. 

Sect. 5. Be it further enacted^ That Thomas Clark, Esq. of 
First meeting. Watertown, shall have power lo appoint and noiif"^ the first 
meeting of said Society, for the purpose of organizing tl;e same, 
by the choice of a Clerk and other proper officers, and of es- 
tablishing such by-laws as may be necessary for the future 
convenient management of the concerns of the said Corpora- 
tion. 

Sect. G. Be it farther enacted^ That it shall be the duty of 
the Clerk of the said Socieiy,on his being elected to that office, 
to take an oath before some Justice of the Peace for the faith- 
ful discharge of the duties of his office, and to noiify the Mem- 
bers of said Society to meet annually in the months of Ma?-ch 
or April, to elect proper officers, and to transact the business 
of the Society ; and all other meetings which shall be necessa- 
ry according to the provisions of this act, by giving such notice 
as shall be directed by the by-laws of said Society. [Dec. 14. 
1816.] 



Annual meet- 
ingE, 



Chap. 106. 

See 1796 rh. 55. 
(V. ± p. 120.) 
1810 ch. 74. 



Power to sell 
lands. 



Appropriation 
of money. 



Chap. 107. 



An Act autlrorizing the Protestant Episcopal parish of St. Andrews, in the county 
of Plymouth, to sell certain lands. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives m General Court assembled, and by the authority of the 
same. That the Wardens of the Protestant Episcopal parish of 
St. Andrews, in the county of Plymouth, for the time being, be. 
and they arc hereby authorized to make sale of two pieces of 
land lying in the town of Scituate, in said county, containing 
seven acres and six rods, granted said parish, by Addington 
Davenport, at public auction^ at any time and place they may 
think proper, giving thirty days previous notice of the time 
and place of said sale, by posting up, in some public place in 
the town of Hanover and Sciiuate, notifications thereof; and 
said Wardens are hereby authorized to make and execute 
good and sufficient deeds of said real estate to the person or 
persons who shall bid the most therefor, at said auction ; and 
the person or persons to whom said deed or deeds shall be 
executed as aforesaid, shall, by virtue thereof, be seized of said 
real estate. 

Sect. 2. Be itfuriher enacted. That the money arising from 
the sale of said real estate, when received by said ^Vardcns. 
shall be paid over to the Trustees of the fund, for the support 
of religious worship in said parish, and be added to said fund, 
and considered hereafter as part of the same; and the interest 
accruing on the money which may be produced by the sale of 
said lancls, shall be annually appropriated for the support of 
the Gospel Ministry in the said Episcopal Parish of St. An- 
drews, and for no other purpose whatever. [Dec. 14. 1816.] 

An Act to incorporate the First Congregational Parish in Woburn. 

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



1816. Chap. 107—108. 179 

That all the inhabitants of the town of Woburn, with all the Privileges 
lands in said town, (except such inhibiiants and such lands as granted. 
do by law belong to some other parish or religious society, or 
are exempt by law from parish charges in said town of Wo- 
burn) be, and they are hereby incorporated into a parish, by 
the name of The First Congregational Parish in Woburn, sub- 
ject to all the duties, and vested with all the rights and privi- 
leges, to which parishes are by law entitled. 

Sect. 2. Be it further enacted, That the votes and proceed- 
ings of the said town of Woburn relative to parish business, 
and the votes and proceedings of a parochial nature of the 
said inhabitants, hereby incorporated, under whatever name 
they may have acted, are hereby confirmed and made valid to 
all intents and purposes, as if the same votes and proceedings 
had been given and transacted in a legal meeting of an incorpo- 
rated pi:rish. And the said First Congregational Parish shall be 
deemed and taken to be successor to the said town of Woburn, 
as far as relates to parochial proceedings aforesaid ; and suc- 
cessor to said inhabitants heretoiore acting as a parish or so- 
ciety, in all their parish rights, and subject to all contracts of a 
parochial nature, which may have been made either by said 
town or said inhabitants hereby incorporated ; provided howe- proviso. 
ver, that nothing in this act shall take from the town of Woburn 
aforesaid any rights or property to which they are now legal- 
ly entitled. 

Sect. 3. Be it further enacted^ That the first meetinsf of the i7:„»^„„,- 
•1 'iiiii 11 !• II meeting, 

said parisn shall be convened by a warrant to be issued by any 

Justice of the Peace in the county of Middlesex, directed to 

any principal member of said parish, requiring him to warn 

the Members of said parish to meet at a suitable time and 

place, to be appointed in said warrant. [Dec. 14, 1816.] 

An Act to change the Names of certain Persons therein mentioned. ChcLV, 108. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this act, John Platts of Rowley, Names 
in the county of Essex, shall be allowed to take the name of changed. 
Luther Platts Palmer; that Zerubbabel Kemp of Marblehead, 
in the same county shall be allowed to take the name of Hen- 
ry Kemp; that Tirzah Newcorab of Greenfield in the county 
of Franklin shall be allowed to take the name of Tirzah 
Smead ; that Amelia Greenough of Boston, in the county of 
Suffolk, shall be allowed to take the name of Laura Ann 
Greenough; that Gideon Snow, jun. of said Boston, shall be 
allowed to take the name of Gideon Theodore Snow ; that 
Lemuel Billings of said Boston, shall be allowed to take the 
name of Henry Lemuel Billings; that Ira Blanchard of Wey- 
mouth in the county of Norfolk, shall be allowed to take the 
name of Ira Henry Thomas Blanchard ; that Joseph Cabot of 
said Boston shall be allowed to take the name of Joseph Sebas- 
tian Cabot, that John Rice of Salem, shall be allowed to take the 
name of John Parker Rice ; that Asahel Plympton of said 
Boston, shall be allowed to take the name of Alexander 



18U 



1816. 



Chap. 108—113. 



Persons 
porated. 



Plympton ; that Nathaniel Emmons, son of Samuel Emmons ot 
said Boston, shall be allowed to take the name of Nathaniel 
Henry Emmons; that James Moulton of VVesiborou^h, in the 
county of Worcester, shall be allowed to take the name ot 
Elijah Russell ; and that George Lyman, '■on of Theodore Ly- 
man of said Boston, shall be allowed to take the name of 
George William'; Lyman ; And said persons shall in future be 
respectively known and called by the names which they are 
respectively allowed to take as aforesaid, and the same shall 
be considered as their only proper names to all intents and 
purposes. [Dr.c. 14, 1816.] 

Chupt 113. An Act aiilhorizinj the Sale of certain lands in the Town of Westfield, and for 
other purposes. 

Sect. 1 . BE il enacted hy the Senate and House of RepreKen- 
talives, in General Court assembled, and hy the authority of the. 
sunie^ That AVilliam Shepard, Samuel Fowirr, Isaac Welles, 
Jedediah Taylor, Azariah Moscly, William Mosely, Frederick 
Fowler, and William Atwater, be, and they are hereby incor- 
porated into a body politic, by the name of The Trustees of 
the Ministerial Fund in the town of Westfield, and they and 
their successors shall continue a body politic and corporate 
forever ; and they may sue and be sued in all actions real, [jcr- 
sonal and mixed, and prosecute or defend the same to final 
judgment and execution ; and they are authorized to receive 
and hold any funds accruing from the sale of any lands, which 
have been or shall be hereafter appropriated or granted for 
the use of the Congregational Ministry in said town, or any 
funds accruing for said purpose in any manner whatever, not 
exceeding in the whole the amount of ten thousand dollars, in 
trust for the uae and benefit of said Ministry; and the interest 
arising therefi-om to be forever appropriated towards the sup- 
port of a Congregational Minister in said town. 

Sect. 2. Be it further enacted, That the trustees aforesaid 
shall forever hereafter hold a meeting in the town of Westfield, 
in the month of March annually, the meeting to be warned by 
posting up notice thereof in one or more public places in the 
said town of Westfield, fifteen days at least before the time of 
said meeting: at such meeting, the major part of the trustees 
present may elect a treasurer, with whom the money or secu- 
rities for money constituting the fund, may be deposited, and 
who shall, under the control and by the order of the trustees, 
or the major part of them, receive in or deliver up, such money 
or securities ; and the person so chosen shall give bond, if re- 
quired, at the discretion of the trustees, for the faithful per- 
formance of his duty; and the major part of the trustees pre- 
sent at such meeting, are empowered to choose a clerk annu- 
ally, (o keep a record of the proceedings and doings of the 
trustees; and the trustees are further empowered, from time to 
time, at any of their meetings called in the manner aforesaid, 
to fill up the vacancies occasioned by the death, resignation or 
removal of any of the trustees. 

Sect. 3, Be it further enacted^ That the said trustees be, and 



Annual 
ings. 



Officers to be 
elected. 



1B16. Chaf. 113—114. 181 

they are hereby empowered to sell the frjict or trncis of land TruBueg^raay 
aforesaid, or any part thereof, l)y public or privatf sale, the 
approbation of the town, and the consent of the Congregational 
Minister lor the time being having been first obtained, and 
place the proceeds of the sales on interest, with good security, 
for the benefit of said fund. 

Skct. 4. Ik it further mactcJ, That the trustees aforesaid, Uonationi. 
and their successors in oflicc, be. and they hereV)y arc invested 
with sufTicient power to receive all subscriptions, grants, appro- 
priations and donations, whether real or personal, that may be 
hereafter made for the purpose of supporting a Congregational 
Minister in said town ; and place all the money in their hands 
as trustees, on interest with good security at their discretion; 
and a[»ply the whole of the interest arising from any funds in 
their hands, or any part thereof, towards the support of the 
Congregational Ministry in said town; or for enlarging the 
fund, as the said town from time to time may order and direct, 
but not in any wise to lessen or make use of any part of the 
principal of said fund. 

Sfxt. 5. Be it further enacted, That the trustees shall, at any Reports of pro- 
time, when required by said town, make a report in writing of ceedmgg. 
their proceedings, disbursements, receipts, and the state of the 
fund, and lay the same before said town, for their inspection; 
and said town shall have power to remove any trustee who 
shall be guilty of any breach of trust; and it shall be the duly 
of the trustees immediately to elect a new member to supply 
the vacancy. 

Sect. 6. Be it further enacted, 'j'hat any justice of the peace First meeting. 
for the county of Hampden, upon applica'.ion made to him by 
any trustee fjefore named, is authorized to i.-^sue his warrant to 
any trustee before named, requiring him to notify and warn 
the first meeting of said trustees. [JDcc. 14, 1816.] 

An Act for regulating the Fishery in the Tov/n of Gloucester. Chop- 114. 

WHEREAS the town of Gloucester, in the county of Essex, 
have purchased of Zacariah Stevens, Esq. and opened a pas- 
sage way through his Mill-dam, for the fish called Alewives, 
into the Cape Pond, so called, and conveyed into it a number of 
said fish, at a considerable expense, whereby a great increase 
has arisen : 

Sect. 1. Be it enacted hy the Senate and II(Mse of Repreien- 

tativei, in General C'Mrt assembled, and Ity the authoril of the 

same. That the taking and disposing of the fi.->h called Alewives, 

shall be under the care and management of a committee of 

said town, to consist of five persons, to be chosen at the annual 

town meeting in March or April, who shall be sworn to the 

faithful discharge of their duty, and shall distribute the r> ••. 

„ , , 1.1 1 1 "^ Distribution of 

nsh that may be taken by them, or any person or persons fish, 
under them, as equally as circumstances will admit, to such 
persons as shall apply for the same; and for the fish so sup- 
plied, the committee aforesaid shall demand a sum not exceed- 
ing fihy cents for each hundred offish, so delivered, and account 
with the treasurer of said town for the proceeds thereof weekly, 



182 



1816. 



Chap. 114. 



Powers of com- 
Biittee. 



Proviso. 



Recovery of 
fines. 



and settle their final account on or hefore the last day of Sep- 
tember annually; and the money arising therefrom shall be 
paid over to the treasuror of said town, and appropriated to 
the use of the said town; and the said committee shall have a 
reasonable allowance for their services, and lay their accounts 
before the selectmen of said town, for approbation and allow- 
ance, on or before the last day of November annually. 

Sfxt. 2. Be it further enacted^ That the said committee, or 
either of them, shall have full power and authority to remove 
from or out of i.he rivers, brooks or streams, leading to the said 
Pond, any obstructions that may be made to the free passing 
of said fish into the said pond, or repassing from thence info 
the sea ; and the said committee, or either of them, (or of such 
person or persons as shall be employed by them) going on the 
land of any person or persons for this purpose shall not be deem- 
ed or held guilty of trespass. And the said committee, or the 
major part of them, shall determine the particular places where 
the said fish shall be taken, and give public notice thereof by 
posting up one or more notifications in some conspicuous place 
or places in the said town, on or before the first day of May 
annually: Provided however^ That the said fish shall not be 
taken any more than three days in each week, at the discretion 
of the committee, and only between the rising and the setting 
of the sun, on said days : And provided also. That the said com- 
mittee, or any other person under them, shall not be authoriz- 
ed to appoint any such place for fishing on the lands of John 
Manning, Esq. without his consent. 

Sect. 3. Be it further enacted, That no person shall catch 
or take any of the said fish in any river, brook, or stream lead- 
ing to, or from the said pond, without the direction of the said 
committee, or the major part of them, in writing; and whoever 
shall presume at any time hereafter to take, kill, or haul on 
shore any of the said fish, with seines or drag nets in either of 
the rivers, or ponds, brooks or streams, through which the said 
fish pass into the said Cape Pond, or shall with any seine or 
drag net, or in any other way, obstruct the passage of the said 
fish, to or from the said pond, or shall obstruct the said com- 
mittee, or either of them, (or those persons employed by them,) 
in the execution of their duty, in all and every of these cases, 
the otlenders shall, for each otTence, forfeit and pay a sum not 
exceeding twenty dollars, nor less than five dollars with costs 
of suit. 

Sect. 4. Be it further enacted. That it shall be the duty of 
the said committee, or either of them, and they are hereby 
vested with full power and authority to sue for and recover ia 
the name of the treasurer of said town, from time to time, all 
fines and forfeitures incurred by any breach of this Act, before 
any justice of the peace for the county of Essex ; and any jus- 
tice of the peace of the town of Gloucester may hear and de- 
termine any complaint under this Act, to the amount of twenty 
dollars, his being an inhabitant of the said town notwithstand- 
ing; and in case any minor or minors shall offend against any 
part of this Act, and thereby incur any or either of the penal- 



1816. Chap. 114—115. 1«3 

lies aforesaid, in all such cases, the parent, master or guardian 
of such minor or minors shall be answerable therefor; and in 
case of piosecuiion of such minor or minors, the action shall be 
commenced against the parent, master or guardian of such mi- 
nor or minors, respectively, and judgment rendered according- 
ly; and all such fines shall be to the use of said town, saving 
where any person shall give information of any breach of this 
Act, the informer, upon conviction of the oliender, shall be en- 
titled to one half the forfeiture; and no person shall be consi- , 
dered as disqualified from being a witness on any trial that •* 
n\-c\y be had pursuant to this Act, on account of his being an 
inhfibilant of the said town of Gloucester, or of his being one 
of the commitiee aforesaid. 

Sect. 5. Be jtfurlher enacted^ That it shall be the duty of 
the committee aforesaid to take care that a sufficient passage 
be kept open annually for the young alewives to pass from the 
said pond to the sea. [Dec. 14, 1816.] 

An Act to incorporate the Corban Society. Chat) 115 

Sect. 1- BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and hj the authority of the same, 
ThaiMarj'Mason, Sarah Dunn, Isabella Homes, Susan Hunting- Persons incor- 
ton, Margaret C. Welsh, Mary Codman, Margaret Phillips, porated. 
Hannah B. Tyler, Elizabeth Rogers, Phebe Cutler, Martha 
Ropes, and their associates to be elected into the society from 
among the annual subscribers to the same institution, be, and 
they h>.'reby are incorporated into a society, by the name of 
The Corban Society, to aid and assist candidates for the gos- 
pel ministry with the means of instruction and subsistence; 
and for this purpose shall be a corporation forever, with pow- 
er to have a common seal, to make contracts relative to the Powers anci 

,. ,.,....' ,, , 11-1 privileges - 

objects Of then' institution, to sue, and be sued, to estabUsh 
by-laws and orders for the regulation of the said society, and 
for the p^-eservafion and application of the funds thereof; 
provided the same be not repugnant to the constitution or Proviso, 
laws of this Commonwealth ; to take, hold, and possess any 
estate, real o;- personal, by subsci'intion, gift, grant, purchase, 
devise, or otherwise, and the sam? to improve, lease, exchange, 
or sell and convey for the sole benefil of the said institution ; pro- 
vided, that the value of the real estate of said society, shall 
never exceed tv/enty thousand dollars, and the annual income 
of the whole estate of said society shall not exceed two thou- 
sand dollars. 

Sect. 2. Be it further enacted, That every married woman 
belo'iging to s;iid society, who shall, with the consent of her Ljai,jijtv 
husband, receive any of the money or other propertj'' of said " . 

society, shall thereby render her said husband accountable 
therefor, to said society : And every woman, whether sole or 
married, who shall subscribe and pay to the funds of said so- 
ciety, the sum of two dollars annually, and^ be voted in by a 
majority of the dii'ectors, shall become a member of said so- ^ 
ciety ; liable, however, to be removed, whenever she shall re- 
fuse or neglect to pay her annual subscription. 



184 



laia 



Chap. 115. 



Annual elec- 
tion of officers 



Dismissals. 



Qualifications 
of president. 



Board of direc- 
tors. 



Donations. 



May be sued. 



onveyance*. 



Sect. 3. Be it further enacted, That said society shall meet 
in Boston, on the last Monday in September annually, for the 
purpose of electing, by ballot, from their members, a presi- 
dent, vice-president, secretary, treasurer, and nine assistants; 
all which officers shall hold their said offices for one year, 
and until others shall be elected to succeed them ; and the 
directors for the time being, shall publish the time and place 
of each annual meeting, in two of the newspapers, or by 
written notifications, at least seven days before the time of 
holding the same ; and at all such annual meetings, twelve 
members shall constitute a quorum ; the directors shall meet 
on the last Monday in December, March and June, also on 
their own adjournments, and at the call of the president ; and 
any seven of them shall constitute a quorum. Any member 
may be dismissed at an annual meeting by the voice of two 
thirds of the members present, the dismission having been 
proposed at the preceding annual meeting. 

Sect. 4. Be it Jnrther enacted, That the treasurer of said 
society shall be a single woman, of the age of twenty-one 
years or upwards, and shall give ])ond with sufficient surety 
or sureties, to account annually, or oftener if required by said 
society or the Board of directors, for all money and other pro- 
perty of said society coming into her hands, and in general 
to discharge the duties of her said office with fidelity. 

Sfxt. 5. Be it further enacted. That the board of directors 
for the time being, shall have the management and applica- 
tion of all the subscriptions, donations, funds and estate of the 
society, to be appropriated solely for the use of the society; 
and no sale or transfer of any real or personal estate of said 
society shall be valid unless approved by them ; and no money 
shall be paid out of the treasury, except by their order ; they 
shall likewise have authority, at their discretion, to aid such 
indigent young men as may be recommended to them, whom 
they may judge to be suitable objects of charity, to enjoy the 
benefits of the institution. And the directors shall have au- 
thority to establish any rules and regulations for the proceed- 
ings of the board and the concerns of said society, not repug- 
nant to the constitution or laws of this Commonwealth, or the 
by-laws of said society. 

Sect. 6. Be it further enacted, That any writ or process 
against said corporation may be served by the officers leaving 
an attested copy thereof with the treasurer of said society, or 
at her usual place of residence, thirty daj^s before the return 
day thereof; and the said Treasurer, or any agent, appointed 
for that purpose by the society or by the directors, may ap- 
pear by attorney, and defend or prosecute any suit in behalf 
of said society. 

Sect. 7. Be it further enacted, That all instruments of con- 
veyance or contract, which may lawfully be made by said so- 
ciety, if approved by the board of directors, shall be signed 
by the president or vice-president, and countersigned by the 
secretary, and if necessary, sealed by the common seal of said 
society ; and when so executed, shall bind the said society and 
be valid in law. [Dec 14, 1816.] 



1817. Chap. 1—6. ' 185 

A.n Act to set off certain land from Maiden, and annex it to Medford. Chap. 1. 

BE it enacted by the Striate and Bouse of Fcpreseri lathes 
in General Court assembled, and hy the authority (f the same, 1 hat 
the tract of land hereinafter described, heretoiore situated in 
the town of Maiden in the county of Middlesex, with th^ inha- 
bitants thereon, be set off from the said town of Maiden, and New bounda- 
annexed to the town of Medford, in said county; and shall ries. 
hereafter be considered as a part of said town of Medford, 
viz. beginning at the boundary line between said towns, at the 
point where the creek runnins; from Creek Head, so called, 
crosses said boundary line, thence running in a southeasterly 
direction by said creek, pursuing the course thereof, to a stake 
on the southerly side thereof, in the land of Nathan Holden, 
bearing south tifty degrees east, and distant from the place of 
beginning, in a straight line, about one hundred and twenty- 
eight rods, thence south six degrees west across the Bradbury 
farm, so called, about two hundred rods, to a stake in the line 
between said farm and land of Richard Dexter, thence south 
nine degrees east, so as to divide the land of said Dexter, and 
passing in a straight line between said Dexter's land and land 
of Benjamin Tufts, about one hundred and thirty rods, to 
Mystic River, at a stake ; thence westerly, by Mystic River, to 
the old dividing line between said towns, and thence by said 
old line to the place of beginning : Provided hozi-ever. that said Piovlsp. 
lands, and the inhabitants thereon, shall 1 e holden to pay all 
such taxes as have been lawfully assessed or granted by said 
town of Maiden, in the same manner as they would have been 
holden if this act had not been passed. [June 10, 1817.] 

An Act to continue in force in act, entitled "An act to incorporate Stephen Hig- Chap. 4» 
ginson and others, into a company, by the name of the Boston Marine Insurance ..qq pu cq 
Company." . . (V. 2. p. 265.) 

BE it enacted by the Senate and House of Representatives, in 1803 ch 123. 
General Court assembled, and by the authority of the same, That ^ • P" ^ ^^ 
the act, entitled "An act to incorporate Stephen Higginson and 
others, into a company, by the name of the Boston Marine In- 
surance Company," passed on the thirteenth day of February, 
in the year of our Lord one thousand seven hundred and 
ninety-nine, excepting the tenth section thereof, with all the 
powers and privileges granted by the said act, shall be and re- 
main in force for the term of twenty years from the thirteenth Extension of 
day of February, in the year of our Lord one thousand eight 
hundred and nineteen : Provided ahcays, that the capital stock 
ot the said company shall continue to be three hundred thou- 
sand dollars ; and that the said company shall not be allowed 
to insure on any one risk a greater amount than thirty thou- 
sand dollars; and provided also, that no person being a director Proviso, 
of any other company, carrying on the business of marine in- 
surance, shall be eligible as a director of this company. [June 
11,1817.] 

An Act in addition to an act, entitled "An act to reduce the Capital Stock of the Chap. 6. 
Boston Bank." 1816 ch. 89. 

BE it enacted by the Senate and House of Representatives in 
General Court assembled, and by the authoriti/ of ih^ samCf That 
VOL, V. 24 



186 



1817. 



Chap. 6—17. 



the number of shares in the corporation, called and known Ly 
the name of the President, Directors and Company of the 
Shares limited. Boslon Bank, shall be twelve thousand ; any thing in the ac* 
entitled an act to reduce the capital stock of the Boston Bank; 
to the contrary notwithstanding. [June 12, 1817.] 



Chap. 17. 



Trustees. 



May sue and 
be sued. 



May elect 
other officers. 



May sell and 
convey lands. 



An Act to establish a Ministerial Fund in the town of Sudbury, 

Sect. 1. BE it enacted hj the Senate and House (f Representa- 
tives, in General Court assembled, and by the authority of the *«mc. 
That the selectmen of the town of Sudbury, for the time be- 
ing, and the deacons of the church, for the time being, in the 
said town of Sudbury, be, and they are hereby appointed and 
incorporated as trustees, by the name of the Trustees of the 
Sudbury Ministerial Fund ; and by that name they and their 
successors in oHkc shall be, and continue a body politic forev- 
er ; 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 

f)owers, whi'ch are incident to, and necessarily belong to the 
ike 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 trustees, and a treasurer to 
receive and pay the money belonging to said fund, according 
to the provisions of this act. who shall give bond to the said 
trustees for the faithful performance of Iiis duty, and shall be 
at all times responsible for the faithful application of the mo- 
nies which may come into his hands, conformably to the true 
intent and meaning of this act, and for all neglect or miscon- 
duct in his office. 

Sect. 2. Be it further enacled. 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 Sud- 
bury, which have been and are appropriated to the support of 
the ministry in said town; and the monies arising from the sale 
of the said land shall be put on interest, and shall form a fund 
for the support of the ministry in 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 when the 
said trustees shall loan the said monies or any part thereof, 
the same shall be secured by mortgage on real estate to twice 
the value of the money loaned, or secured by two or more suf- 
ficient sureties, with the principal ; and the interest, and that 
only, shall ever be appropriated for the uses aforesaid ; and it 
shall never be in the power of the said trustees to alter or 
alienate the appropriation of the fund aforesaid. And the said 
trustees are hereby authorized to make and execute a good 
and sufficient deed or deeds of the said several lots of laiids, 
which shall be subscribed by the treasurer, with their seal 
thereto affixed, and by him dul}' acknowledged; and when so 
executed and delivered, shall be good and efi'ectual in law to 
pass and convey all the rights of said town in and to said real 
estate, to the purchaser thereof. 



lt]17. Chap. 17-— 19. 187 

Sect. 3. Be it further enacted, That the said trustees, trea- 
surer, clerk or other officers or persons employed by them, 
?;hall be entitled to receive no compensation for the services Compensation, 
they may perform out of any monies belonging to the said fund, 
but a reasonable compensation shall be paid them by the town ; 
and the said trustees and each of them shall be responsible to 
the town for their personal neglect or misconduct whether they 
be officers or not, and liable to prosecution for any loss or 
damage resulting thereby to the fund ; and the debtor damage 
recovered in such suit shall be to the use and addition of the 
said fund; and the said trustees and treasurer, and their suc- 
cessors in office, shall exhibit to the town a report of their do- 
ings, and the state of the funds, at the annual meeting in March 
or April. 

Sect. 4. Be it further enacted, That any justice of the peace, 
for the county of Middlesex, is hereby authorized, upon appli- 
cation therefor, to issue his warrant, directed to one of the trus- Warrant for 
tees named in this act, requiring him to notify and call a meet- first meeting, 
ing of the said trustees, to be holden at such convenient time 
and place as may be appointed in said warrant, to organize the 
said corporation by the appointment of its officers. [June 14, 
1817.] 

An Act establishing the Massachusetts Siean> Navigation Company. ChuVt 19. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That John H. Andrews, with such other persons as have al- 
ready associated with him, or may hereafter associate with 
him, and their successors, be, and they hereby are made and 
constituted a body politic and corporate, by the name of the 
Massachusetts Steam Navigation Company, for and during the 
term of thirty years after the passing of this act ; and by that Terms. 
name may sue and be sued, in all actions, real, personal and 
mixed, to final judgment and execution, and may do and suffer Powers, 
all acts, matters and things which bodies politic may or ought 
to do and suffer; and may have and use a common seal, and 
the same may break and alter at pleasure : Provided however, Proviso, 
that any proprietor alienating his share or shares in said cor- 
poration, shall thereafter, in respect thereto, cease to be a 
member of said corporation ; and the assir;nee thereof shall 
be, with respect thereto, thenceforward a member of said cor- 
poration, with all the rights, and subject to all the duties, pe- 
nalties and payments which the assigner thereof was or might 
have been vested with or liable to. 

Sect. 2. Be it further enacted. That said corporation shall 
have power, and is hereby authorized to erect and build any Authorized to 

1 • n t ■ r~^ lii 1 *i • build Steam 

Steam boats m any part oi this Commonwealth, where the m- ^oats, 

dividual proprietors in their private capacities might lawfully 
do the same ; and also navigate any steam boats in any waters 
where the individual proprietors might lawfully do the same, 
■ as shall appear to said corporation to be for the benefit of the 
same. 

Sect. 3. Be it further enacted^ That said corporation may 



188 



1817. 



Chap. 19. 



May hold 
estates. 



Proviso. 



Number of 
shares. 



First meeting 
for choice of 
officers. 



be lawfully seized and possessed of such real estate as may he 
necessary and convenient for establishing and carrying on the 
business of said corporation, and of as much personal estate 
as shall be actually employed by said corporation ; proxkled, 
that such real estate shall not exceed the value of thirty thou- 
sand dollars, and the personal estate three hundred thousand 
dollars. 

Sect. 4. Be it further enacted, That the property of said 
corporation shall be, and hereby is, divided into one hundred 
and forty-four shares, and shall be numbered in progressive 
order, beginning at number one; and every original member 
thereof shall have a certificate under the seal of the corpora- 
tion, and signed by the treasurer, certifying his property in 
such shares as shall be expressed in said certificate. 

Sect. 5. Be it further enacted, That any two of the propri- 
etors may, and they hereby are empowered to call a meeting 
of the proprietors, by a notification published in the Salem 
Gazette and Essex Register, at least seven days previous to 
saifl meeiing ; at which meeting a clerk shall be chosen, whose 
duty it shall be, fairly and truj^' to enter and record in a book 
or books, for that purpose to be provided and kept, this act, and 
all the rules, by-laws, votes and proceedings of said corpora- 
tion, which book or books shall at all times be subject to the 
inspection of any person for that purpose appointed by the 
Officers' duties, legislature; and the said clerk shall be sworn to the faithful 
discharge of the duties of his office ; and at the same meeting, 
the proprietors shall elect a treasurer, and such number of 
directors to manage the prudential business of said corpora- 
tion as to them shall seem expedient; and such directors, as 
■well as those which at any meeting hereafter may be chosen, 
shall have power, from lime to time, to assess such taxes on the 
proprietors of the shares in said corporation as they shall deem 
to be necessary ; and on the neglect or refusal of any proprie- 
tor to pay such tax, to sell so many of his or her shares at 
vendue, as will pay his or her taxes, after advertising the sale 
of such share or shares in one of the public papers in Salem 
and Boston for the space of ten days at least, previous thereto, 
and the overplus, (if any there be) after the pnyment of the 
taxes and the charges of sale, to be paid to the owner of the 
share or shai es, so sold ; and the proprietors may at said 
meoiing, or at any other meeting, elect any other officers, 
which to them may seem necessary, for carrying into effect 
the object of their institution ; and may agree upon a mode of 
calling future meetings of the proprietors, and also make any 
reasonable rules and by-laws, not repugnant to the constitution 
and laws of this Common weahh. 

Sect. 6. /?c it further enacted, Th^t the directors appointed, 
Term of office, shall hold thcir offices for the term of one j^ear, and until oth- 
ers are elected in thcir room: Provided, thM if any director 
ceases to be a member of this corporation during the time for 
which he was elected, or resigns, the corporation at a legal 
meeting, may elect another person in his room. 



1817. Chap. 19. 189 

Sect. 7. Be it further enacted^ That any share may be May alienate 
talienated by the proprietor thereof, by a deed acknowledged ^^lares. 
before some justice of the peace, and recorded by the clerk, in 
a book to be kept for that purpose, and not in any other way, 
except in the cases hereafter ))rovided : And any person shew- 
ing to the treasurer such deed, so recorded, and deHvering up 
to him the former certificate, shall be entitled to a new certifi- 
cate, executed in form aforesaid, certifying the property of 
such share to be in the purchaser. 

Sect. 8. Be it further enacted^ That any share in said cor- Shares may be 
poration may be attached on original process, or levied upon attached, 
by execution, at the suit of any creditor t>f the proprietor of 
such share, by the officer having the process to execute, giving 
to the treasurer or leaving at his place of abode, a cenificate 
in writing, shewing that he hath attached or taken in execu- 
tion, such proprietor's share, at the suit of such creditor ; and 
the officer may proceed to sell the same at public auction, as 
he might by law sell any goods of chattels of such proprietor, 
attached or levied upon, to satisfy the execution of the creditor : 
And the officer may make and execute a deed of such propri- 
etor's share to the highest bidder ; and the purchaser produc- 
ing to the treasurer a deed under the hand and seal of such 
officer, acknowledged and recorded as aforesaid, shall be en- 
titled to a certificate from the treasurer, executed as aforesaid, 
certifying the property of such share to be in the purchaser ; 
and the treasurer shall have recorded in a book to be kept for 
that purpose, a schedule of the names of all the members of 
said corporation — of the several shares of which each propri- 
etor is owner, and the numbers annexed to such shares ; and 
such book shall be open to the inspection of any sheriff, depu- 
ty sheriff, or coroner, having a process to execute against any 
proprietor, or to the inspection of any other person when de- 
manded, upon payment of twenty-five cents for each inspec- 
tion : And in any action to be brought, or in any judgment to 
be rendered against said corporation, the plaintiff not being 
able to find any property of the corporation to attach on mesne 
process, or whereon to levy his execution, shall have the right 
of attaching or levying his execution on any of the individual 
members of the corporation, and their estate, real or personal, 
in the same manner as if the action had been brought and the 
judgment rendered against them in their individual capacity. 

Sect. 9. Be it further enacted^ That when any proprietor Shares of pre 
shall die possessed of any share or shares in said corporation, piietorsde- 
his executor or administrator, upon producing to the treasurer ^^^^^'^' 
such deceased proprietor's certificate or certificates, shall be 
entitled to receive a new certificate, executed in form afore- . 

said, certifying the property of such share or shares to belong 
to such executor or administrator, who shall hold such share or 
shares as personal estate of such deceased proprietor, and 
shall or may sell and dispose of the same at public auction, or 
otherwise, in the same manner as by law he might sell and dis- 
pose of any chattels of such deceased proprietor; and such 
executor or administrator shall and may execute and acknow- 



190 



1817. 



Chap. 19—20. 



Advertisement 
of public sales. 



Votes. 



ledge a deed or deeds of such share or shares, and the purcha^ 
ser producing to the treasurer the certificate or certificates, 
executed in form aforesaid, certifying such share or shares to 
belong to such purchaser. And such executor or administra- 
tor, who shall not have sold such share or shares, shall imme- 
diately after the settling the estate of such deceased proprietor, 
deliver the certificate or certificates by him received, to the 
heir or legatee of such deceased, who shall, upon producing 
the same to the treasurer, be entitled to a new certificate or 
certificates, executed in the form aforesaid, certifying the pro- 
perty of such share or shares to be in such heir or legatee. 

Sect. 10. Be it further enacted. That the time and place of 
all public sales of any share or shares, shall be made known 
at least seven days before such sale, by publishing the same 
in one of the public newspapers of Salem and Boston. 

Sect. 11. Be it further enacted, That at. all meetings of the 
corporation, each member shall be entitled to one vote for 
each share owned by him ; provided, that no person shall be 
entitled to more than fifteen votes. [June 16, 1817.] 



Chap. 20. 



IVvsons incor- 
porated. 



Powers. 
Membership. 



Proviso. 



Secession. 



An Act to incorporate The First Baptist Society in tlie Town of Ipswich. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
Si(me, That Samuel Appleton, Samuel G. Applcton, Timothy 
Appleton, Charles Simonds, William Dennis, Frederick Mitch- 
ell, Jacob M. Farnum, Joseph L. Ross, James Caldwell, Moses 
Graves, Josiah Symonds, Daniel Ross, jun. John Lord, Robert 
Stone, Daniel W. Low, Nathaniel Perkins, Major Woodbury, 
Samuel Stone, Simeon Spaffbrd, Amos Jones, F'rancis Hovey, 
John Hovey, Levi Hovey, and Joseph Hovey, with their polls 
and estates, he, and they are hereby incorporated by the name 
of The First Baptist Society in Ipswich, with all the privileges, 
powers and immunities to which other religious societies are 
entitled by the constitution and laws of this Commonwealth. 

Sect. 2. Be it further ryiacted, That any person in the said 
town of Ipswich, or in the adjoining towns, who may at any 
lime hereafter desire to become a member of said Baptist So- 
ciety, and give in his or her name to the clerk of the town or 
parish to which he or she may belong, with a certificate signed 
by the minister or clerk of said Baptist Society, that he or she 
hath actually become a member of, and united in Religious 
worship with said Baptist Society, fourteen days previous to 
the town or parish meeting, to be held in the month of March 
or April, annually, shall from and after the date of such certifi- 
cate, with his or her polls and estates, be considered as a mem- 
ber of said Baptist Society: Provided however. That all such 
persons shall be held to pay his or her proportion of all monies 
voted or assessed in the town or parish to which he or she be- 
longed previous to that time. 

Sect. 3. Be it farther enacted. That whenever any member 
of said Baptist Society shall see cause to leave the same, and 
unite with any other religious society in the town or parish in 
which he or she may reside, and shall give in his or her name 



1817. Chap. 20—^1. J91 

to the clerk of said Baptist Society, with a certificate, signed 
by the minister or clerk of the parish or society with which 
he or she may unite, that he or she hath actually become a 
member of, and united in religious worship with such other 
parish or society fourteen days previous to their annual meet- 
ing in March or April, and shall pay his or her proportion of 
all monies voted or assessed in said Baptist Society previous 
thereto, shall from and after giving such certificate, with his or 
her polls and estates, be considered as a member of such other 
parish or society to which he or she may so unite. 

Sect. 4. Be it further enacted, That any justice of the peace, Wanant for 
in the town of Ipswich, upon application therefor, is hereby ^'^^^ meeting, 
authorized to issue. a warrant, directed to some suitable mem- 
ber of said Baptist Society, requiring him to notify and warn 
the members thereof, to meet at such time and place as shall 
be appointed in said warrant, to choose all such officers, and 
transact all such business as parishes are by law entitled to 
choose and transact in the month of March or April, annu- 
ally. [June 16, 1817.] 

An Act in addition to an Act, entitled, '« An Act for establishing The Second Chap. 21. 
Massachusetts Turnpikt Corporation." 1796 ch 72 

Sect. 1. BE it enacted by the Senate and House of Represent a- (^- 2- P- ^^O.) 
tlvcs^ in General Court assembled, and by the authority of the 
same, That the Second Massachusetts Turnpike Corporation ^^^^ removed, 
be, and they are hereby authorized and empowered to remove 
the Gate erected on said road, from the place where it now 
stands, to Deerfield River Bridge, on said road. 

Sect. 2. Be it fa'ther enacted. That the said Corporation be, Gate erected. 
and they are hereby authorized and empowered to erect an 
additional Gate on said Turnpike road, within two miles of the 
west end of said road, where the corporation may judge most 
convenient. 

Sect. 3. Beit further enacted. That from and after the pass- To receive 
ing of this Act the said corporation be, and they are hereby toll. 
authorized and empowered to demand and receive from all 
persons travelling on said road, the following rates of toll, at 
each of said gates, viz. : For every coach, phaeton or other Rates of toU. 
four wheel carriage, drawn by two horses, twenty-five cents, 
and for each additional horse, six and one quarter cents; for 
each cart or waggon, drawn by two oxen or horses, twelve 
and one half cents, for each additional ox or horse, six and 
one quarter cents; for each curricle, sixteen cents; for each 
chaise, chair or sulkey, twelve and one half cents; for all four 
wheel carriages drawn by one horse, seven cents ; for each 
sleigh or sled, drawn by two oxen or horses, ten cents, for 
each additional ox or* horse, four cents; for each sleigh, sled 
or cart, drawn by one horse, seven cents; for each man and 
horse, six and a quarter cents; for all sheep or swine, three 
cen's by the dozen ; for each foot passenger over the Bridge 
crossing Deerfield river, two cents. [June 16. 1817.] 



tate 



192 1817. Chap. 22—25. 

Chav. 22 '^" -^*'^ ^'^ incorporate the Master, Wardens and Members of the Grand Lodge rff 

"' ' Massachusetts.. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Francis J. Oliver and his associates, and their successors 
be, and they hereby are incorporated and made a body poU- 
tic, by the name of the Master, Wardens, and Members of the 

Powers. Grand Lod,2;e of Massachusetts, with power to have a common 

seal, to sue and be sued, to make and ordain from time to time, 
by-laws, rules, and regulations for the government and manage- 

Proviso. nient of the corporation; provided, the same be not repugnant 

to the constitution and laws of this Commonwealth; and that 
they have all the privileges usually given by acts of incorpo- 
ration to charitable societies. 

May hold es- Sect. 2. Be it further enacted^ That the said corporation 
may take by purchase, gift, grant, or otherwise, and hold real 
estate, not exceeding the value of twenty thousand dollars, and 
personal estate, not exceeding the value of sixty thousand dol- 
lars, for charitable uses. 

Call first meet- Sect. 3. Be it further enacted, That Francis .1. Oliver be, 

*"^" and he is hereby authorized to call the first meeting of said 

corporation, by advertisement, in two of the newspapers print- 
ed in Boston, three weeks previous thereto, and appoint the 
time and place thereof, at which meeting the mode of calling 
future meetings shall be regulated. 

Sect. 4. Be it further enacted, That this Act ma}'^ be amend- 
ed, revised, or terminated at the pleasure of the Legislature. 
[June 16, 1817.] 

Chap. 24. An Act in further additii)n to an Act, entitled, "An Act to incorporate Isaac 
1809 ch. 14. Story and others into a company, by the name of The Mavblehead Insurance 

ISlOcii. 18. Company." 

iRi^*^!'*^ BjEJ it enacted by the Senate and House of Representatives, in 

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

Further time the further term of two years, from and after the seventeenth 

allowed to pay j ^ j j ^ ^c allowed to the stockholders of the Mar- 

instalments. , , *S i f.*' ■ i , /-i • , • i .- 

blehead Social Insurance Company, to pay in the residue ol 
the capital stock of said comi)any, amounting to fifty dollars 
on each share, and being the last moiety of their instalments of 
(■Extended ^^® Capital stock of said compan}'"; and that the said residue 
1819 ch. 9.) shall be paid in such proportions, and at such periods within 
the time mentioned, as the directors of said conijiany for the 
time being, shall order and appoint; any thing in the act of 
incorporation of said company to the contrary notwithstanding : 
Provided horvever, That nothing in this Act shall be construed 
to exonerate or discharge the estates of the stockholders of 
said company from being liable in the manner and for the pur- 
poses mentioned in said Act, to which this is in addition. 
[June 16, 1817.] Further act— 1819 ch. 9. 

ChaO 25 ■^" ^^^ ^° incorporate the Trustees of the Lexington Ministerial Fund. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Joseph Fiske, Isaac Hastings, Jonas Bridge. James Brown. 



1817. —Chap. 25. 193 

and Abijah Harrington, Escjuires, be, and they are hereby con- Persons incor- 

blituted a body politic and corporate, by the name of The pofated. 

Trustees ol' the Lexington Ministerial Fund, and they and their 

successors shall so continue a body politic and corporate, by 

that name forever; and by the same name may sue and be 

sued, in all actions, real, personal and mixed, and prosecute 

and defend the same to final judgment and execution ; and may 

make such orders, rules, regulations, and by-laws as may be 

proper for the government of the trustees, not repugnant to the 

laws of this Commonwealth; and may always have a common 

seal, and all deeds sealed with said seal, subscribed by the 

said trustees, and duly acknowledged, shall be valid in law. 

Sect. 2. Be it further enacted^ That the number of trustees Number of 
shall never be more than five, nor less than three, and a majo- t'"stees. 
rity of them may be a quorum for doing business, and the senior 
trusiee present shall act as chairman ; and the trustees shall, at 
their annual meeting, which shall be in the month of March, 
appoint a treasurer and clerk, who shall be sworn to the faith- 
ful performance of their duty; and the treasurer shall give 
bonds with sufficient sureties, to the acceptance of the said 
trustees, faithfully to do and perform all the duties of his office ; 
and the said town of Lexington, at any legal meeting thereof, 
shall have power to remove any of said trustees, who may be- 
come unfit, from age, infirmity or misconduct, to discharge vacancies* 
their duties, and to supply the vacancies so made; and also 
such vacancies as may be occasioned by death, by a new trus- 
tee, from the members of the congregational society in said 
tOAvn, at any meeting called for that purpose ; and the said Compensation, 
trustees shall annually receive such compensation out of the 
said fund, for any services they may perform, as the town may 
deem just and reasonable. 

Sect. 3. Be it further enacted^ That all unimproved lands, 
tenements and hereditaments, all monies, chattels, rights or cre- 
dits, which at any time heretofore have been given, granted, 
devised or appropriated for the support of the gospel in said 
town of Lexington, be, and are hereby assigned to, confirmed 
and vested in the said trustees, to every ititent and purpose 
whatever, as fullj^ and amply as if the same had been given or 
granted to the corporation hereby created ; and full power and 
authority is hereby given to them, to enter upon all lands and 
tenements, heretofore given or granted for the purposes afore- 
said ; and upon such entry the said corporation shall be deem- 
ed and taken to be seized and possessed thereof, to every in- 
tent and purpose whatever; and the said trustees shall and 
may demand from any person whomsoever, all monies, securi- 
ties or other property whatever, which have at any time here- 
tofore been given for the purposes aforesaid; and in their cor- 
porate name to have and maintain any action for the recovery 
thereof, and also to receive any donation that may be here- 
after given to the said ministerial fund; and it shall be the 
duty of the said trustees to use and improve such estate as shall 
be vested in them by this Act, with due care and vigilance, so 
as best to promote the intention of the donors thereofj and 

VOL. V. 25 



194 1817. Chap. 25. 

Money loaned, shall alvvays loan upon interest the money belonging to thr 
said fund, in such sums and for such term of time, not exceed- 
ing one year, as they may ihink proper, upon the bond or note 
of the borrower, with at least two sureties for the payment 
thereof; and they shall never loan any sum exceeding five 
hundred dollars, without a mortgage on real estate to double 
the amount of the sun loaned, as collateral security for the 

Vest money in payment thereof, with interest annually; or they may vest 

stock. j^^ch parts thereof in the funded debt of the United States or 

this Commonwealth, or in the stocks of any incorporated bank, 
as they may judge expedient. 

Sect. 4. Be it fur I he i- enacted. That if said trustees shall fail 
to pay the annual income of said fund to the settled minister of 
the first Congregational society in said town, for and towards 
his salary, or to defray the expense of public worship, when 
they shall he destitute of a settled minister, pursuant to the 
votes and directions of said town, within thirty days after the 
same shall become due, and payable as aforesaid, or neglect to 
make re[)ort annually in the month of M^iy, to a committee, 
chosen for that purpose, of what funds and estate they actually 
hold, and by what tenure ; what money and effects are due to 
them, and how the same are secured ; and what receipts have 
been obtained and disbursements made by them the preceding 
year ; they shall severally forfeit for each offence, the sum of 

Forfeiiuie. iliipty dollars, and the further sum of thirt}' dollars per month 
afterwards, until they shall make payment of such claims, when 
it is in their poAver to do so. 

Sect. 5. Be it further enacted, That when the income of said 
fund shall be more than sufficient to pay the Congregational 
minister his salary, or to defray the expense of public worship, 
when they shall be destitute of a settled minister, it shall be 
the duty of said trustees, to put out the same at interest ; and 
when the income of said fund shall amount to four hundred dol- 
lars more than to pay said Congregational minister his salary, 
or to defray the expenses of public worship, when they shall 
be destitute of a settled minister, then the surplus shall be paid 
by said trustees to the town treasurer ; and is hereby appro- 
priated for the maintenance of schools in said town, as shall be 
annually agreed upon by them, in the month of May. 

Sect. 6. Be it further enacted. That said trustees shall be 

Trustees nme- i i ^ • i\ r r • „ i . • ^u 

nabie to the amenable to said town, ior neghgence or misconduct, m the 
town. management of said fund, whereby the same shall be impaired, 

or suffer loss, waste, or diminution ; and the inhabitants of said 
town may have and maintaiti a special action of the case against 
the proper persons of said trustees, and goods and estates. joint- 
Recover dam- b' '"'^^' severally, for such negligence or misconduct, and re- 
age, cover adequate damage therefor ; and any sum so recovered, 
shall be deemed for the benefit of said fund, and shall be paid 
to the said trustees accordingly. 

Sect. 7. Be it further enacted, That the treasurer of said 
trustees shall be the receiver of all monies and efiects which 
may be due, and coming to them in their official capacity ; and 
in their name may demand, sue for, and recover the same, un- 



1817. Chap. 25—28. 195 

Jess prohibited by them : And the said treasurer shall have the 
care and custody of all the monies and effects, obligations, and 
sureties for the payment of money, and all evidences of proper- 
ty belonging to the said fund, and shall be accountable to the 
trustees therefor ; and shall dispose of the same as they shall 
order and direct ; and shall render an account of his proceed- Treasurer to 

1 •I.'' 1 1 ,, .r.u * render account, 

mgs, together with a fair and regular statement ot the property 
and evidences of property, in his hands, annually in the month 
of March, and as often as he may be thereto required ; and he 
shall deliver to his successor in office, all the books and papers, 
property, and evidences of property in his hands, in good or- 
der ^nd condition ; and if he shall fail so to do for the space of 
thirty days, after his successor shall have been duly appointed 
and qualified, he shall forfeit and pay a fine of fifty dollars, and 
a further sum of forty dollars per month, for such failure or 
neglect afterward. 

Sect. 8. Be it further enacted, That the clerk of said corpora- 
tion shall have the care and custody of all records and docu- 
ments belonging to said trustees ; and shall carefully and fair- 
ly record all their votes and proceedings ; also a statement of 
their funds and estate in their hands, in a book kept for that 
purpose, and shall certify all his proceedings when thereunto Certify pro- 
required ; and he shall call and notify meetings of the corpora- ceedmgs. 
lion, when directed by one of the trustees, by verbal notice, 
or such other way as the said trustees may order and direct, 
and do whatever else may be incumbent to said office ; and 
if he shall neglect so to do, or to deliver up to his successor in 
office, as required, all the records and documents in his hands, 
in good order and condition, he shall forfeit and pay a fine of 
fifty dollars, and thirty dollars for every month's detention af- 
terwards. 

Sect. 9. Be it further enacted. That any Justice of the Peace Issue warrant. 
for the county of Middlesex, upon application therefor, is here- 
by authorized to issue a warrant, directed to either of the afore- 
said trustees, requiring him to notify and warn a meeting of 
said trustees, to meet at such time and place as shall be ap- 
pointed in said warrant, to organize the said corporation, by the 
appointment of its officers. [June 16, 1817.] 

An Act in addition to an Act, entitled " An Act to incorporate a number of the ^'^Op* --o. 
inhabitants of the town of Dorchester, in the county of Norfolk, into a religious 1807 ch. 14. 
society, by the name of the Second Parish in Dorchester." 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same. 
That the polls and estates and property of the present mem- 
bers of the said second parish in Dorchester, and all other per- 
sons who may hereafter become members of said second pa- 
rish, and the property they shall respectively hold or occupy 
on the first day of May annually, in the town of Dorchester, P'ope'ty taxed. 
shall be taxable in said second parish, and in that only, for pa- 
rochial purposes. 

Sect. 2. Be it further enacted, That whenever any person, being 
an inhabitant of said Dorchester, shall desire to become a mem- 
ber of said second parish, such membership shall be certified by 
a committee of said second parish, chosen for that purpose, and 



196 1817. Chap. 28— 29. 

filed with the clerk of the town or parish to which he or ■'•he 
Certificate belongs, and the certificate of such committee may he as fol- 
lows : We certify that of the town of Dor- 
chester, is a member of the second parish in Dorchester ; dated 
this of A.D. 18 

committee. The said certificate to be filed as aforesaid, on or 
before the first day of May, annually ; and such person or per- 
sons, paying his or her proportion of all monies voted in the 
religious society to which he or she belonged, previous to his 
or her joining said second parish, shall, from and after giving 
such certificate, with his or her polls and estates, be consider- 
ed as a member of said second parish. 

Sect. 3. Be it further enacted, That if any member of said 
second parish shall see cause, or be inclined to leave said pa- 
rish, and join in worship with any other religious society in said 
town of Dorchester, or in any other town of which he or she 
may be an inhabitant, shall give his or her name to the clerk 
of said second parish, 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 \vorship in such other parish or other incor- 
porated society, before the first day of May, annually, 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 f)olls and estate be considered as a 
member of the society to which he or she may so unite. 

- ,, , Sect. 4. Ik it further enacted. That the income of the minis- 

Income of land -111 11 1 1 • 1 • 1 rr r i 

divided be- tcrial land, so calletl, which was given and set oil lor the use 
tween parishes, and maintenance of the ministry, and the income of all other 
ministerial land and property which shall be used for the sup- 
port and payment of the ministers of the gospel in the town of 
Dorchester, shall be annually divided bctw^een the first, second 
and third religious societies, in the same proportion that the 
members of each parish shall collectively bear to each other 
in the state tax, which shall be assessed from time to time in 
the town of Dorchester, to be annually compared and ascer- 
tained by the assessors of the three parishes, and to be drawn 
from the town treasury accordingly. 

Sect. 5. Br it further ejiactcd. That all the ministerial taxes, 
assessed and collected within the town of Dorchester, on es- 
tates belonging to non-residents shall be divided between the 
first, second and third religious societies, in the ratio establish- 
ed for the division of the income of the ministerial land and 
property. [Jimc 16, 1817.] 

i^hap. 2 J. An Act to repeal an Act, entitled " An Act to incorporate certain persons as trus- 
1S04 ch. 126. tees of an Academy, in the town of Lynn, in the county of Essex." 

V. • • p. •} j^^ jf enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 

Act repealed, the Act, entitled " An Act to incorporate certain persons as 
trustees of an Academy, in Lynn, in the county of Essex," be, 
and the same is hereby repealed : Provided lieverthelcss, that 
the said corporation shall be holden to pay and discharge all 



1817. Chap. 30—35. 197 

vjebts, which they, in their corporate capacity, may have con- 
tracted ; and to fulfil all contracts, which they have made, as 
though this Act had not passed. {June 16, 1817.] 

An Act in addition to an Act, entitled " An Actio establisii the Taunton and ClUip. 30^ 
Soutli Boston Tuin])ike Corporation. " 1806 ch. 7. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and hy the authority of the same. That 
if any person shall travel on the road of said corporation, with 
any horses, carriages, or an}' other thing liable to pay toll for 
passing the gates on said road, and shall turn ofi' the same when 
coming near to either of the gates thereon, with intent to avoid 
paying the toll, and then come on said road again, notwithstanding 
it may have been where the turnpike was made on the old road, 
shall be liable to all the penalties provided by law, for refusing Penalties for 
or avoiding the payment of toll: ProuiWec?, any part of said ment'oftoU.' 
travelling on either side of the gate, be on that part of the turn- 
pike not made on the old road. [June 16, 1817.] 

An Act in further addition to an Act, entitled " An Act for establishinj; a corpor- Chap, 31. 
ation by the name of the Sixth Massachusetts Turnpike Corporation." 1799 ch 21 71 

BE it enacted by the Senate and House of Representatives, in (^' 2. p. 327. 
General Court assembled, and by the authority of the same. That isisch. 113. 
the gate erected on the sixth Massachusetts turnpike road in Gate establish- 
ihe town of Rutland, be, and hereby is established where the ed. 
same is now placed ; and that the Sixth Massachusetts Turn- 
pike Corporation have a right to receive thereat tlie same toll 
as established in the Act, to which this is in addition : Provided, 
that the inhabitants of Barre and Petersham shall be compel- 
led to pay but half loll in going to and returning from Worces- 
ter. [Jwne 16, 1817.] Further act — 1820 ch. 26. 

An Act to annex Jacob Man, and his estate, to the First Parish in Wrentham. Chap, 33. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
Jacob Man, with his family and estate, be, and hereby are set 
off from the north parish, and annexed to the first parish in the 
town of Wrentham : Provided horiuver, that the said Jacob Man 
shall be holden to pay his assessment of all parish or society Hoici*^" ^o pay 
taxes and expenses, legally assessed, and not paid prior to (he 
date of this Act. [June 16, 1817.] 

An Act declaring and confirming tlie incorporation of the First Congregational So- Chap, 35, 
ciety, in Salem. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same, 
That the persons who now are, and who may hereafter be the 
proprietors of the pews, in the meeting-house, in Salem, in the pp.%'Ii?a°[!a 
county of Essex, in which the reverenfl John Prince officiates body politic 
as pastor, be, and they hereby are, declared and confirmed to ^"^ corporate. 
be a body politic and corporate, by the name of the First Con- 
gregational Society in Salem ; and the said corporation shall 
be, and hereby are, deemed in law to be seized of the same 
meeting-house, with the land under and adjoining the same ; 
and also of all other lands, tenements, and hereditaments be-^ 



198 



1817. 



Chap. 35. 



May hold es- 
tate. 



Meet annually, 



Choose niorle- 
ra'tif, clerk, 



Proviso. 



Expenses. 



Privileges. 



longing to, and possessed and enjoyed by the said proprietors., 
together with the privileges and appurtenances to the same be- 
longing; and the said corporation shall be, and they hereby 
are further authorized and empowered to take and hold any 
other estate, as well real as personal, the annual income where- 
of shall not exceed the sum of five thousand dollars. 

Sect. 2. Be it further enacted, That all gifts, grants, devises, 
and bequests, which have been, or shall be hereafter made to 
and for the use of said Congregational society, shall be under 
the care and management of the committee hereinafter men- 
tioned, or of such other committee, or trustees, as the said cor- 
poration shall appoint for that purpose ; and all such gifts, 
grants, devises, and bequests, shall be faithfully appropriated, 
according to the intention of the donors thereof: And it shall 
never be in the power of said corporation to alienate or to al- 
ter the appropriation of such gifts, grams, devises, and bequests. 
Sect. 3. Be it further enacted, That the said corporation shall 
meet annually, as the said proprietors have heretofore been 
used to do ; and shall also hold other meetings, the same being 
duly warned, in manner hereinafter mentioned ; at such other 
times as shall be necessary : And at such annual meetings, af- 
ter having chosen a moderator, shall choose a clerk, who shall 
be sworn to the faithful discharge of the duties of his office ; 
and also a treasurer, and a committee of five persons, and such 
other officers as shall be necessary, who shall all continue in of- 
fice during the year, and until others shall be chosen in their 
stead : Provided hoxvever, that, if for any cause such annual 
meeting should not be holden, then the said officers may be 
chosen at any meeting, duly warned, for that purpose. And 
the said committee, or a major part of them, shall have full 
power to manage the atTairs of said corporation, in like manner 
as the committees of said proprietors have heretofore been used 
to manage the aflairs of said society ; and shall further have 
the like power and authority, as are by law vested in the as- 
sessors and committees of precincts or parishes. 

Sect. 4. Be it further enacted, That all sums of money for the 
settlement and maintenance of a pastor, or pastors, for the re- 
pairs and alterations of the meeting-house, for defraying the ex- 
penses of public worship, and for other uses of said corpora- 
tion, shall be assessed and collected in the manner .heretofore 
used and accustomed by said proprietors; and in default of 
payment thereof, the said corporation shall have the like reme- 
dies as the said proprietors have heretofore had and exercised : 
Provided nevertheless, that the said corporation may, at any 
meeting duly warned for that purpose, determine upon any oth- 
er manner of assessing and collecting such monies, as they may 
think advisable. 

Sect. 5. Be it further enacted, That the said corporation shall 
be entitled to all the privileges heretofore in fact enjoyed by 
said proprietors, and shall be bound by all contracts heretofore 
in fact made by said proprietors, as welhvith their present pas- 
tor as with other persons, and shall be subject to all the duties 
to which the said proprietors have heretofore in fact been sub- 
ject. 



1817. Chap. 35—39. 199 

Sect. 6. Be it further enacted, That the meetings of said cor- Meetings, 
porntion shall be warned in such manner as said corporation 
shall at any annual meeting determine, and the first meeting of 
said corporation which shall be holdcn after the passing of this 
Act, shall be holden on the second Monday of November next, 
and shall be warned in the like manner as the said proprietors 
have been used to warn their annual meetings. [June 16, 
1817.] 

An Act respecting the support of Public Worsiiip in the town of Pittsfield. y^tlCtp, oo. 

Sect. 1. BE it enact; d by the Senate and House of Representa- 
tives, in General Court assc7nhled, and by the authority of the same, 
That all laws heretofore made and passed, by force of which Laws repealed. 
the Union Parish, in the town of Pittsfield, in the county of 
Berkshire, was erected and does now exist as a distinct body 
politic, be, and the same are hereby repealed : Provided never- pj-Q^iso 
iheless, that said Union Parish, and also the First Parish, so 
called, in said town, shall still continue to exist so far as to en- 
able either of them to carry any legal contract by either of 
them respecively, heretofore made with their ministers, or any 
other persons, into execution ; and to sue for and recover any 
debts due to them, and that they severally shall remain liable 
to be sued for any debts due from them, in the same manner 
as if this Act had not been made. 

Sect. 2. Be it further enacted, That for the future, the inha- 
bitants of said Union Parish and said First Parish, so called, 
therein shall and may unite, and shall have power, and be held 
as a town or parish to choose, settle, and make provision for 
the support of a public teacher, or teachers of piety, religion. Public teach- 
and morality, and of the public worship of God in said town, in ers. 
the same way and manner as other towns are authorized and 
held by law to do, and as the said town of Pittsfield was au- 
thorized and held to do previous to its division into parishes, 
any law, usage or custom to the contrary notwithstanding. 

Sect. 3. Beit further enacted. That the articles of agreement Articles con- 
entered into by said parishes, as the foundation of their union, ^f™^^* 
be, and the same are hereby ratified and confirmed, and de- 
clared to be binding upon said town : Provided however, that the Proviso. 
said articles of agreement are not contrary to the constitution 
and laws of this Commonwealth. [June 16, 1817.] 

An Act to incorporate certain persons for the purpose of opening a Canal from the ^l^ap. o\), 
head of Norset Cove to Boat Meadow Creek. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Michael Collins, Nehemiah Smith, AsaHiggins, Freeman persons incor- 
Hopkins, Richard Sherman, Barnabas Doane, Edward C. Clark, porated. 
and their associates and successors, shall be a corporation and 
body politic, for the purpose of opening and keeping open a 
canal from Norset Cove to Boiit Meadow Creek, under the 
name of the Proprietors of the Eastham and Orleans Canal; 
and by that name may sue and prosecute, and be sued and ^^ ^y sue and 
prosecuted, to final judgment and execution, and do and suf- ^ ^"^ ' 
fer all other matters and things which bodies politic may or 



200 



1817. 



Chap. 39—44. 



Damages. 



Bridges. 



May build 
wharves. 



ought to do and suffer. And the said corporation may and shall 
have full power and authority to make, have and use a com- 
mon seal, and the same to break and renew at pleasure. 

Sect. 2. Be it further enacted, That if it shall so happen that 
any individual or hody corporate shall t'C damaged in his or 
their lands or marsh adjoining said canal, by cutting and keep- 
ing open the same, the damages so done sh;dl be recompensed 
by the proprietors thereof, in such sums or pi'oportions thereof 
as shall be ordered by the Circuit Court of Common Pleas, for 
the county of Barnstable, upon an inquiry into the same by a 
jury summoned for that purpose, at the expense of said pro- 
prietors of said canal, if any damage shall be assessed by said 

jury- 

Sect. 3. Be it further enacted, That it shall be the duty of 
proprietors to make and keep in good repair, at all limes, good 
and sufficient bridges over said canal, \vhere any county, town 
or private roads now are, or hereafter may be laid out across 
the same, for the passage of teams, and every thing else neces- 
sary for the public convenience. 

Sect. 4. Be it further enacted. That the said proprietors shall 
have full power to build any wharf or wharves which may be 
necessary to facilitate the transportion through the same. 

Sect. 5. Be it further enacted, That if the said proprietors 
shall refuse or neglect, for the space of three years after the 
passing of this Act, to open and complete said canal, then this 
Act shall be void and of no effect. 

Sect. 6. Be it further enacted. That the said canal shall be 
kept open for boats and rafts and other water craft, and for all 
persons who may want to pass or transact business therein, they 
paying to said proprietors the following toll, viz : Every boat, 
of the burthen of one ton, ten cents ; and the same proportion 
for vessels of a larger size ; lumber twenty-five cents per thou- 
sand feet ; salt or grain one cent per bushel ; for each barrel 
six cents ; and in the same proportion for all other kinds of 
lumber or merchandize. 

Sect. 7. Be. it further enacted, That Jonathan Bascom, Esq. 
be, and he is hereby empovvcred and directed to issue his war- 
rant to one of the proprietors aforesaid, requiring him to notify 
a meeting of the proprietors in manner as the law directs ; and 
the proprietors, at said meeting, shall choose a clerk, who shall 
be sworn to the faithful discharge of his duty, and all other 
needful officers, for managing the business of said proprietory, 
Avhich they shall have power to choose from time to time, af- 
terwards, as necessary ; and said proprietors shall agree on a 
method for calling future meetings. [June 16, 1817.] 

Chap, 44, An Act to annex certain land to Mount Washington, and certain land to Eg- 
remont. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That the section of land lying ^vithin the incorporation 
of Egremont, at the south west corner thereof, including the 
lands of Jesse Coe and Nathan Soles, and the lands of others. 



Rates of toll. 



Proprietors to 
choose officers 



1817. Chap. 44—40. 20l 

\yith their families and estates, be, and they are hereby set off 
from (he said town of Egremont, and annexed to the said town 
of Mount Washington, by the metes and bounds here de- 
scribed, viz. : beginning at the south west corner of Egremont, 
thence north twenty degrees east, four hundred and fifty-six 
rods in Egremont west line, to a heap of stones ; thence east 
thirty-two degrees south, one hundred and eighty-six rods to Bo""dantfs, 
a heap of stones, being the north east corner of Jesse Coe's 
lot ; thence south thirty-four degrees east, five hundred and 
ten rods, to the south line of said Egremont ; thence west eight 
and an half degrees north, six hundred and eight rods, to the 
bounds first mentioned ; containing nine hundred and twenty- 
nine acres and one foui'th of an acre. 

Sect. 2. Be it further enacled^ That the section of land 
lying within the said town of Mount Washington, commonly 
called Willard's Hollow, by the metes and bounds here de- 
scribed, viz. : beginning at a heap of stones, where the south 
line of said Egremont intersects the east line of said Mount 
Washington; thence west eight and an half degrees north, 
three hundred <md two rods, to a heap of stones in the south 
line of said Egremont; thence south thirty-four degrees east, 
four hundred rods, to a heap of stones ; thence east twenty 
degrees north, one hundred and forty rods, to the east line of 
said Mount Washington ; thence north fifteen degrees west, 
two hundred and forty rods, to said Egremont south line, the 
pi fce of beginnircr; containing three hundred and eighty-six 
acres and an half acre, be, and hereby is set ofl^ from the 
said town of Mount Washington, and annexed to the said 
town of Egi-emont : Provided korvcver, that the lands hereby Proviso, 
annexed to the towns of Egremont and Mount Washington, 
and the inhabitants dwelling thereOn, and all non-residents, Hoiden to pay 
shall be hoiden to pay all taxes assessed upon them respec- 
tively, in the respective towns to which they formerly belong- 
ed, prior to the passing of this act. [Jime 17, 1817.] 

An Act authorizing the United States to make a Draw in the Old Bridge, be- Qfidn, 49^ 
tween Cambridge and Brighton, in the county of Middlesex. ■^ 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same. That the United States of America be, and they hereby 
are authorized and empowered to make, at their own expense, 
a good sufficient draw and passage way in the old bridge over 
Charles River, between Cambridge and Brighton, in the coun- 
ty of Middlesex ; and also to erect such piers on either, or May erect 
both sides of said bridge, as may be necessary to secure the P'ers. 
bridge, and to facilitate the passage of vessels through the 
same. 

Sect. 2. Be it further enacted. That said draw shall not 
be less than twenty feet wide, with a leaf or leaves of suffi- 
cient length and breadth, and every requisite for raising the 
same ; and the leaf or leaves, and all other parts of said draw^ 
which serve as a portion of the bridge, for the accomnoda- 
tion of travel over the same, shall always be maintained and 

Vol. V- 2fi 



202 1817. Chap. 49—50. 

kept in repair by the towns of Cambridge, West Cambridge, 
Lexington and Brighton, which now have to support siid 
bridge ; but all the machinery necessary for raising the draw, 
and also the piers on the sides of the bridge, as aforesaid shall 
be furnishctl and kept in repair by the said United Slates, so 
kept m rep^air ^^ng as they shall have occasion for a draw in said bridge. 
" [Jwwe 17, 1817.] 

Chaj 50 ■^'' ^^^ '" further addition to an Act, entitled, " An Act for the due regulation 

•< * ' of weights and measures, and for the more easy recovery of fines and penalties, 

See 1799 cb. witiiin the town of Boston, in the county of Suffolk." 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled^ and by the authority of the 
same, That it shall be the duty of the sealer of weights and 
measures within and for the town of Boston, to be provided 
with a house or office, and to which all persons using scale 
beams, steelyards, weights or measures, within the town oi 
Boston, in trade, for the purpose of buying or selling any ar- 
ticle, shall be required, after notice thereof shall have been 
Notice to be given in two or more of the newspapers published within the 
given. said tovvn, to send annually their scale beams, steelyards, 

weights and measures, for the purpose of having the same 
tried, proved and sealed, as is provided in and by the act 
aforesaid, to which this is in addition; and the said sealer 
shall be entitled to demand and receive therefor such fees as 
are allowed in and by the said act. 

Sect. 2. Be it further enacted, That the said sealer is here- 
by authorized and required to go to the houses, stores and 
fzcd'm^exam- ^^^P"^ ^^^ ^^^ ^"^^^ mcrcliants, innholders, traders, retailers, and 
ineweightsand of all Other persons living or residing within the said town of 
measures. Boston, using beams, steelyards, weights or. measures, for the 
purpose of buying and selling, as shall neglect to bring or 
send the same to the house or office of the sealer aforesaid ; 
and there, at the said houses, stores and shops, and having 
entered the same with the assent of the occupant thereof, to 
try, prove and seal the same, or to send the same to his said 
house or office, to be tried, proved and sealed, and shall be 
entitled to demand and receive therefor double the fees he 
would be entitled to demand and receive for the same, if such 
beams, steelyards, weights and measures had been sent to his 
said house or offi.ce, with all expenses attending the removal 
and transportation of the same ; and if any such person or 
persons shall refuse to have his, her, or their beams, steel- 
yards, weights, or measures so tried, proved and sealed, the 
same not having been tried, proved, and sealed, within one 
Forfeitures. year preceding such refusal, he, she, or they, shall forfeit and 
pay ten dollars for each olFence; the one moiety to the use of 
the said town of Boston, and the other moiety of the same, to 
the sealer. And if any such person, or persons, shall use 
any beam, steelyard, weight, or measure, which shall not con- 
form to the public standard, the same not having been tried, 
proved and sealed within one ye^r preceding such use of the 
same, he, she or (hey shall forfeit and pay ten dollars for each 
offence, the one moiety to the use of said town of Boston, and 



1817. Chap. 50. 203 

the other moiety of the same to the informer. And if any 
such [)crson or persons shall alter any beam, steelyard, weight 
or measure, after the same shall have been tried, proved and 
sealed, so as that the same shall by such alteration be made 
not to conform to the public standard, and shall fraudcntly 
make use of the same, he, she, or they shall forfeit and pay 
fifty dollars for each offence, the one moiety to the use of the 
said town of Boston, and the other moiety of the same to the 
informer. 

Sect. 3. Be it further enacted, That all fines, forfeitures 
and penalties accruing within the said town of Boston, under 
this act, or for the breach of any by-law of the said town, 
which is now in force, or which may hereafter be duly enact- 
ed and made, may be recovered by indictment, information Forfeitures and 
or complaint, in the name of the Commonwealth, in any reco'^vered V^ 
court competent to try the same ; and all fines so recovered law. 
and paid shall be appropriated to the uses for which the same 
are now by law ordered to be applied ; reserving, however, in 
all cases to the party complained of and prosecuted, the right 
of appeal to the next Municipal Court, in the town of Boston 
from the judgment and sentence of any Justice of the Peace, 
in which case the judgment of the said Municipal Court shall 
be final ; and to the next Supreme Judicial Court, to be hol- 
den within the county of Suffolk, and for the counties of Suf- 
folk and Nantucket, from the judgment of the Municipal 
Court wdiere the indictment or information originated in the 
same, such party recognizing with sufficient suretj' or sure- 
ties, to the satisfaction of the Court, to enter and prosecute 
his, her, or their said appeal, and to abide the final judgment 
thereon. 

Sect. 4. Be it further enacted, That when any person, who 
upon a conviction before a Justice of the Peace, for any of- 
fence mentioned in this act, or for the breach of any by-law 
of the town of Boston, shall be sentenced to pay a fine, and Shall not ap- 
shall not appeal from said judgment, or if upon claiming an peaifromjud*- 
appeal, shall fail to recognize as aforesaid, and upon not pay- "'^" * 
ing the fines and costs so assessed upon him, shall be com- 
mitted to prison ; there to remain, until he or she shall pay 
such fines and cost, or be otherwise discharged according to 
law ; such persons shall not be holden in prison for a longer 
term than ten days ; and at the expiration of that term, the 
keeper of the said gaol is hereby authorized to release such 
person from confinement. 

Sect. b. Be it further enacted, That all fines and penalties, 
which shall be hereafter recovered for any ofiences, which 
shall hereafter be committed against the act of this Common- 
wealth, which was made and passed on the fourteenth day of 
December, in the year of our Lord one thousand eight hun- 
dred and sixteen, entitled, "An act in addition to an act, en- (isiech. ii2.j 
titled, an act for the due regulation of licensed houses," shall 
be appropriated, the one moiety to the town of Boston, and 
the other moiety of the same to the informer, any thing to the 
contrary in that act notwithstanding. 



204 181 7. Chap. 50—5 1 . 

Sect. 6. Be it further enacted, That the seventh section 
Act repealed, of the act aforesaid, to which this is in addition, be, and the 
same is hereby repealed, so far as respects the said town oi 
Boston. [June j 7, 18) 7.] 

ChciTJ 51. -^'^ •'^^^ '° alter and change the Names of certain persons therein mentioned. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same^ 
That from and after the passing of this act, Dudley Atkins 
Tyng, junr. of Cambridge in the connty of Middlesex, shall 
be allowed to take the name of Dudley Atkins: James Che- 
ver, the third, of Salem, in the county of Essex, shall be allow- 
ed to take the name of James W. Chever : Thomas Smith 
shall be allowed to take the name of Thomas Tarlton Smith : 
Edward Loring Davis, of Barnstable, in the coimty of Barn- 
stable, shall be allowed to take the name of Lothrop Davis : 
George Kuhn, son of Jacob Kuhn, of Boston, in the county of 
Suffolk, shall be allowed to take the name of George Horatio 
Kuhn : Leonard Cummings Smith, of Leominster, in the coun- 
ty of Worcester, shall be allowed to take the name of Crown- 
inshield Van Jerome Smith : John Platts Palmer, of Rowley, 
in the county of Essex, shall be allowed to take the name of 
John Platts: Luther Platts. of said Rowley, shall be allowed 
Names altered. ^° ^"^^^ ^^^^ name of Luther Platts Palmer: William Grce- 
nough, of Boston aforesaid, shall be allowed to take the name 
of William Hardy Greenough : Catharine Hay ^\' eld, of the 
same Boston, shall be allowed to take the name of Catharine 
Weld Hay : John Frost, of siid Cambridge, shall be allowed 
to take the name of John Henry Augustus Frost : Oliver 
Blackman Everett, of Dedham, in the count}' of Norfolk, shall 
be allowed to take the name of Oliver B. Everett: Eliza Ri- 
der, of said Salem, shall be allowed to take the name of Eli- 
za Rider Atkinson : Mary Fuller, of said Boston, shall be al- 
lowed to take the name of Ann Mary Fuller Weld: Thomas 
Weld, of said Boston, shall be allowed to take the name of 
Thomas Greenleaf Weld : Samuel Heywood, of said Boston, 
shall be allowed to take the name of Samuel P. Heywood : 
William Ward, of said Boston, merchant, shall be allowed to 
take the name of William Haven Ward: Charles Treadwell. 
junr. of said Salem, shall be allowed to take the name of 
Francis Charles Treadwell : Nathan Webber, of Gloucester, 
shall be allowed to take the name of Edward Webber : Fran- 
cis Fay, fun. of Southborough, shall be allowed to take the 
name of Francis Ball Fay : Barnabas Blankinship, of Roch- 
ester, shall be allowed to take the name of Barnabas B. Nye: 
Laurens Bascom, of Southampton, shall be allowed to take 
the name of Henry Laurens Bascom : John Gifford, of West- 
port, HI the county of Bristol, shall be allowed to take the 
name of John Winslow Gilford: Harriot Bowers, of Billerica, 
shall be allowed to take the name of Silence Bowers : Sam- 
uel Tenney, jun. of Newburyport, shall be allowed to take the 
name of Samuel Newell Tenney : Harriot Swett, of Dracut, 
shall be allowed to take the name of Harriet Swett Varnum ; 



1817. Chap. 51—56. 205 

And the several persons before mentioned, from and after the 
passing of this act, shall be known and called by the names, 
which by this act, they are respectively allowed to take and 
assume, as aforesaid ; and said names shall, forever hereafter, 
be considered as their only proper and legal names, to all in- 
tents and purposes. [June 17, 1817.] 

An Act authorizing the President, Directors and Company of the Springfield Bank Qjiap, 54, 
to increase the amount of their Capital Stock. 1813 ch 90 

BE it enacted by the Senate and Honse of Representatives, in Gen- '8)4 ch. 1. 60. 
cral Court assembled, and by the authority of the same, That from 
and after the passing of this act, the capital stock of the Presi- Capital stock 
dent, Directors and Company of the Springfield Bank, shall be increased. 
one hundred and fifty thousand dollars ; the number of shares 
to be increased one half of the number as at present established 
by law ; and that the sum necessary to complete the said capi- 
tal, shall be paid in, one half on the first day of August next, 
and the other half on the first day of January next, any thing 
in the several acts to which this is in addition, to the contrary 
notwithstanding. Provided nevertheless, that before the said Proviso, 
corporation shall proceed to do business upon the additional 
capital, a certificate signed by the President and Directors of 
said corporation, verified by the oath of the Directors, and at- 
tested by the Cashier, that the same has been actually paid 
into the said bank, in gold or silver coin, shall be filed in the 
office ol the Secretary of this Commonwealth. [June 17, 1817.] 
Further act — 1817 ch. 113. 

An Act in further addition to an Act, entitled, " An Act to incorporate the Pre- ^. „ • 

sident, Directors and Company of the Hampshire Bank." K^tlup, OO, 

r>n ■ 7 17 1 TT f n • • 1813 ch. 59. 

BiL it enacted by the oenate and House of Kepresentatives, in lauch. 125. 
General Court assembled, and by the authority of the same, That isiSch, 93. 
the further time of one year from and after the first day of Further time 
March last past, be allowed (o the President, Directors and allowed. 
Company of the Hampshire Bank, for the payment into the 
said bank, of the fourth instalment of the capital stock thereof, 
any law to the contrary notwithstanding. \June 17. 1817.] 

An Act in addition to the several acts relating to the proprietors of Mills, 011 ^7 j. „ 

diaries River. UUip. Ob. 

Sect. 1. BE it enacted by the Seriate and House of Eeprcscnfa- (V. 2. p. 193.") 
iives, in General Court assembled, and by the authority of the same, ^^^^ ^^^- ^■ 
That the Clerk of the proprietors of mills, on Charles River, 
or in case of his absence, death, inability, or refusal to act, any 
other officer, or any principal member of the said corporation, 
be, and is hereby authorized to call any meetings of the said May call meet- 
corporation, (upon application therefor, by any one or more of '"S- 
the said proprietors.) by publishing notice thereof, and of the 
time and place for holding the same, in some public newspaper 
printed in Boston, or by giving written notice thereof to the 
respective proprietors in person or leaving the same at their 
last and usual place of abode, seven days at least before the 
time appointed for such meeting ; and all meetings of the said 
proprietors, which have been had in pursuance of notice from 



206 



Proviso, 



un?. 



Chap. 56—60. 



the Clerk of the said corporation, are hereby made valid ; and 
all the doings of the said proprietors, at any such meeting, arc 
hereby confirmed : provided^ the making valid the proceedings 
of such meetings, and confirming the doings of the said propri- 
etors thereat, shall not alFect the interests or rights of persons 
not members of said corporation ; and the affidavit of the Clerk 
of the said proprietors, and of any other person who may call 
any meeting, or who has, or shall have given or served any 
notice of the meeting of the said proprietors, made before any 
Justice of the Peace, within six months from the making of this 
act, or from the time of holding any meeting, shall in all cases 
be admitted as evidence of the fact it shall contain, concerning 
the manner and time of calling and notifying the meeting of the 
said proprietors, to which such affirJavit may relate. 

Sect. 2. Be it further enacted. That any corporation which 
is, or may become owner of any mills, on Charles River, may 
be admitted a member of the corporation of the proprietors of 
mills on Charles River, and may act and be represented at the 
meetings, and in all affairs of the said proprietors, and be served 
with the notice of meetings, by and through the Clerk of such 
corporation, owner as aforesaid, or by and through any other 
person or persons for that purpose appointed. [June 17, 1817.] 



Chap. 60. 



Powers. 



An Act to incorporate the Hampshire Education Society. 
Sect. 1 . BE it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and bi/ the authority of the same^ 
Persons incor- That Joseph Lyman, Enoch Hale, Nathaniel Smith, Josiah 
porated. Dwjght, William Porter, and Vinson Gould, together with those 

who may have associated, and who may hereafter associate 
with them, be, and they hereby are incorporated and made a 
body politic, by the name of the Hampshire Education Socie- 
ty ; and the society aforesaid shall have perpetual succession, 
and may have a common seal, which it shall be lawful for them 
to alter at pleasure, and may purchase and receive by gift or 
devise, lands, tenements and real estate of any kind, and the 
same hold in fee simple or less estate, the annual income and 
profits whereof shall not exceed the value of six thousand dol- 
lars. And the said society is hereby enabled to take and re- 
ceive subscriptions of charitably disposed persons, and may 
take any personal estate in succession : and all donations to 
the society, either by subscription, legacy or otherwise, (ex- 
cepting such as shall, be differently appropriated by the donors, 
or by a vote of the societ}', agreeably to their constitution) shall 
make a part of, or be JDUt into the capital stock of the society, 
which shall be put out on intei'est on good security, or other- 
wise improved to the best advantage, and the income or profits 
applied to the purpose of aiding indigent young men of talents 
and hopeful piety, in acquiring a learned and competent edu- 
cation for the gospel ministry. 

Sect. 2. Be it further enacted^ That the said society may 
Ortkers chosen, choose a president, vice-president, clerk, treasurer, and such 
other officers as they shall see fit ; and may at their first meet- 
ing, under this incorporation, b}- the vote of two thirds of their 



Regulation of 
funds. 



iai7. Chap. 60—62. 207 

members present at said meeting, adopt such constitution, or 
system of rules and by-laws, as they shall think necessary I'or By-law&. 
the orderly conducting and executing the business of said so- 
ciety, and for the most effectually securing the object of their 
institution ; which constitution, or system of rules and by-laws, 
shall be for the government of said society, and shall not be 
altered at any subsequent meeting, but in the manner therein 
pointed out : provided such rules and by-laws be not repugnant 
to the constitution and laws of this Commonwealth. 

Sect. 3. Be It further enacted, That the society aforesaid 
may, at all times, under the name, style and title aforesaid, sue May sue and 
and be sued, plead and be impleaded, appear, prosecute and ^^^ sued. 
defend to final judgment and execution, and may appoint an 
agent or agents to prosecute and def(*nd suits with power of 
substitution ; and it shall be lawful for the said society to make 
sale of any estate or personal property, given or purchased as May sell real 
aforesaid, or in any other way, or right accruing to them, in ^^^^^^• 
the:.;' corporr.te capacity, (unless that which is given be other- 
wise expre5-,sly ordered or appropriated by the donor) and con- 
vey the same by deed or other legal instrument duly execut- 
ted ; and whei^ the property to be conveyed is real estate, un- 
der the hand of the treasurer and the seal of the society : Pro- Proviso. 
vided. that all monies arising from such sale be applied to the 
same use to v/hich the income thereof was before applied. 

Sect. 4. Be it further enacted. That Josiah Dv/ight, Esquire, 
be, and he hereby is authorized, by notification in the Hamp- 
shire Gazette, printed in Northampton, to appoint the time and 
place of the first meeting of said society. [Jan. 27, 1818.] 

All Act to incorpoiate certain persons by the name of the Associated Instructors (^hnY) go 
of Youth, in the town of Boston, and elsewhere. ' "' "" 

Sect. 1 . BE it enacted by tJie Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Ebenezer Pemberton, Daniel Staniford, Jonathan Snel- Persons incor- 
ling, Thomas Payson, .Joseph Mulliken, Lawson L,yon, Jona- ^°'' 
than Huntington, Benjamin Gleason, Benjamin Holt, John Has- 
kell, Proctor Pierce, Ephraim H. Farrar, John R. Cotting, 
Amos Clarke, BenjaminChamberlain, their associates, and such 
others as m.ay hereafter join them, be, and they hereby are in- 
corporated into a body politic, by the name of the Associated 
InsJructors of Youth, in the town of Boston, and elsewhere, with 
power to sue and be sued, to plead and be impleaded, to make 
and use a common seal, and to alter and renew the same at 
pleasure, and to exercise and enjoy all such rights, powers, and 
privileges, as are common to similar bodies corporate. 

Sect. 2. Be it further enacted. That the said corporation shall 
have power to receive, and take by grant, gift, or otherwise, May hold rea* 
property, real, personal, and mixed, not exceeding in amount estate. 
or value, the sum of fifty thousand dollars, and to hold and 
manage the same at their pleasure, as a fund, towards the relief 
and support of superannua-ted and other indigent instructors of 
youth, their widows, and children ; for instituting and granting May bestow 

'' . . ^ , , , • 1 • "" premiums, 

premiums to excite and reward emulation and improvement 



■^08 



1817. 



Chap. 62 — 64 



Powers. 



Choice of offi- 
cers. 



First meeting. 



Chap. 64. 



Persons incor' 
porated. 



Deposits. 



Dividends. 



among instructors and scholars ; and for any other similar pur- 
poses of chaiity, to which the said corporation may apply 'he 
same. 

Sect. 3. Be it further enacted, That the said corporation shall 
have power, at any regular meeting of the same, to make such 
constitution and by-laws for the government of the same, as 
they may find necessary; provided, that nothing in such con- 
stitution, or hy-laws, shall He repugnant to the constitution or 
laws of the Commonwealth. 

Sect. 4. Be it further enacted, That at any regular meeting 
of the said corporation, they may proceed to elect such officers 
as shall be found necessary for the government and orderly 
conducting the afHiirs of the same, according to the constitution 
and laws of said corporation; and that Thomas Payson, Esq. 
be, and he is hereby empowered and directed to call the first 
meeting of the same, within twenty days after the passing of 
this Act, by giving notice of the time and place of holding the 
sam.e, in one or more of the public newspapers printed in the 
town of Boston, three days at least, prior to the holding of the 
same. [Jan. 27, 1818.] 

An Act to incorporate the Institution for Savings, in the town of Salem and its vi- 
cinity. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Edward Augustus Holyoke, Joseph Story, Benjamin Pick- 
man, Jacob Ashton, Joseph White, Moses Townsrnd, Jonathan 
Neal, Joseph Pea})ody, Benjamin Pickman. junior, Nathan Ro- 
binson, Nathaniel Bowditch, David Cummins, AVilliam Silsbee, 
Gideon Barstow, John Osgood, AVillard Pcclo. Dudley L. Pick- 
man, William Fettyplace, John W. Treadwell, Stephen White, 
and Levcrctt Saltonstall, together with such as have associated 
with them, be, and they hereby are incorporated into a socie- 
ty, by the name of the Institution for Savings, in the town of 
Salem, and its vicinity; and that they and such others, as shall 
be duly elected members of the said corporation, as is in this 
Act provided, shall be, and remain a body politic and corpo- 
rate, by the same name forever. 

Sect. 2. Be it firthcr enacted. That the said society and cor- 
poration shall be capable of receiving from any person or per- 
sons disposed to obtain and enjoy the advantages of said insti- 
tution, any deposit or deposits of money, and to use and im- 
prove the same for the purposes, and according to the directions 
herein mentioned and provided. 

Sect. 3. Be it further enacted. That all deposits of money re- 
ceived by the said society, shall be by the said society used 
and improved to the best advantage ; and the net income or 
profit thereof shall be by them applied and divided among the 
persons making the said deposits, their executors or adminis- 
trators, in just proportion ; and the principal of such deposits 
may be withdrawn at such reasonable times, and in such man- 
ner, as the said society shall direct and appoint. 

Sect. 4. Be it further enacted. That the said societv and cor 



1317. Chap. 64—65. 209 

jporation shall, at their first meeting, and at their annual meet- Eiertionsf 
ings in January, have power to elect, by ballot, any person or 'i^embets. 
persons, as members of the said society. 

Sect. 5. Be it further enacted^ That the said society may have 
a common seal, which they may change and renew at pleasure ; 
and that all deeds, conveyances and grants, covenants and 
agreements made by their treasui'er, or any other person, by 
their authority and direction, according to their institution, shall 
be good and valid ; and the said corporation shall, at all times, May sue and 
have power to sue and be sued, and may defend, and shall be be sued, 
held to answer by the name aforesaid. 

Sect. 6. Be it further enacted. That the said society shall 
hereafter meet at Salem, at such time in the month of January 
annually, and at such other times as the society or the presi- 
dent thereof may direct, and any seven members of the said 
corporation, the president, a vice-president, treasurer or secre- 
tary being one, shall be a quorum ; and the said society, at 
their meeting in January, annually, shall have power to elect Choke of offi- 
and choose a president, and al! other such officers as to them '^^"• 
shall appear necessary ; which officers, so chosen, shall con- 
tinue in office one year, and until others are chosen in their 
stead ; and the treasurer and secretary, so chosen, shall be un- 
der oath to the faithful performance of the duties of their offi- 
ces resiiec'ively. 

Sect. 7. Be it further enacted, That the said society hereby 
are, and forever shall be vested with the power of making by- ^y-l^ws, 
laws for the more orderly managing the business of the corpo- 
ration ; provided the same are not repugnant to the constitution 
or laws of this Commonwealth. 

Sect. 8. Be it further enacted, That John Osgood, Willard 
Peele, and Stephen White, or any two of them, be, and they 
hereby are authorized, by public notification, in the two news- 
papers printed in Salem, to call the first meeting of the said so- Fust meeting. 
ciety, at such time and place as they shall judge proper. [Jan. 
29, 1818.] 

An Act authorizing the President, Directors and Company of the Nantucket Pa- Chap. 65. 
cific Bank to increase the amount of their Capital Stock. 1812 ch. 45. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the President, Directors and Company of the Nantucket 
Pacific Bank be, and they are hereby allowed to increase the Right of stock- 
capital stock of said bank, one hundred thousand dollars, in ad- holders. 
dition to the sum allowed by their act of incorporation ; the 
said additional sum to be subject to the same rules, restrictions 
and limitations, as are stated in the original Act, to which this 
is in addition ; and the stockholders of said bank, for the time 
being, shall have a prior right to subscribe said sum, in propor- 
tion to the several shares held by them respectively, at the 
time of said subscription. 

Sect. 2. Be it further enacted, That fifty thousand dollars, of 
the above named additional sum, shall be paid into the said Time of paying 
bank, in ninety days after the passing of this Act, and the re- 

YOL. V. " 27 



210 



1817. 



Chap. 65—71. 



Proviso. 



Chap. 67. 



Condition of 
secession. 



Chap. 68. 

1814 ch. 23. 65. 

1815 ch. 93. 



Payment of 
stock exteiuled. 
(Alteied bv 
1813 ch. 5i.) 



Chap. 71. 

1814 ch. 53.58. 



Time of paying 
in stock. 



Proviso. 



maining sum of fifty thousand dollars, on or before the first 
Monday of October next : Provided nevertheless^ that before the 
said corporation shall proceed to do business upon the said ad- 
ditional capital, a certificate, signed by the president and di- 
rectors of said corporation, verified by the oath or affirmation 
of the directors, and attested by the cashier, that the same has 
been actually paid into the said bank, in gold or silver coin, 
shall be liled in the office of the secretary of this Common- 
Avealth. [Ja7i. 29, 1818.] 

An Act to anner John (hooper to the Second Parish in West Springfield. 

BE it enacted by the Senate and House of Representatives, in 
General Court assimbled, and hrj the authority of the same, That 
from and after the passing of this Act, John Coojjer, of West 
Springfield, in the county of Hampden, with his polls and es- 
tate, be, and is hereby set off from the first parish, and annex- 
ed to the second parish in said town : Provided nevertheless, that 
the said John Cooper shall be holden to pay all taxes legally 
assessed on him, by the first parish, prior to the passing of this 
Act. [Fefe. 2, 1818.] 

An Act in addition to an Act, entitled " An Act to incorporate the President, Di- 
rectors and Company of the Pawtucliet Bank," and of the several Acts in addi- 
tion thereto. 

BE it enacted by the Senate and House of Represeniaiives, in 
General Court assembled, and by the authority of the same, That 
the third and fourth instalments of twenty-five dollars on each 
share of the capital stock of the Pawtucket bank, in lieu of be- 
ing paid in, at the time by law now prescribed, may, respec- 
tively, be paid in at the discretion of the stockholders of said 
bank, at any time within one year from the passing of this Act, 
any thing in the several Acts to which this is in addition, to the 
contrary notwithstanding. [Feb. 2, 1818.J Further act — 1818 
ch. 51. 

An Act authorizing the President, Directors and Company of the Merrimack Bank 
to increase the amount of their Capital Stock. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the President, Directors and Company of the Merrimack 
Bank be, and they are hereby allowed to increase the capital 
stock of said bank, fifty thousand dollars, in addition to the sum 
allowed by their Act of incorporation ; the said additional sum 
to be subject to the same rules, restrictions and limitations as 
stated in the original Act, to which this is in addition : And the 
stockholders of said bank, for the time being, shall have the 
exclusive right to subscribe said sum, in proportion to the sev- 
eral shares held by them respectively, at the time of said sub- 
scription. 

Sect. 2. Be it further enacted. That twenty-five thousand dol- 
lars of the above named sum shall be paid into the said bank, 
on or before the first Monday of April next; and twenty-five 
thousand dollars on or before the first Monday of October next: 
Provided nevertheless, that before the said corporation shall pro- 



1817. Chap. 71—79. 211 

ceed to do business upon the said additional capital, a certifi- 
cate, signed by the president and directors of said corporauon, 
verified by the oath of the directors, and attested by the cashier, 
thai the same has been actually paid into the said bank, in gold 
or silver coin, shall be filed in thcofliceof the secretary of this 
Commonwealth. [Feb. 2, 1818.] 

An Act to incorporate the Proprietors of the New-England Museum and Gallery Chap. 74. 
of Fine Arts. 

Sect. 1. BE it enacted by the Senate and Hov^c of Representa- 
tives^ in General Court assembled, and by the authority of the same. 
That Ethan A. Greenwood, Peter B. Bazin, John Dwight, and Persons incoi> 
Samuel Jackson, with their associates, successors and assigns, por^ted. 
shall be, and hereby are made a corporation, by the name of 
the New-England Museum and Gallery of Fine Arts, for the 
purpose of establishing said institution in the tow-n of Boston ; 
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 May sue and 
defended in any court of record, or any other place whatso- ^^ sued. 
ever; and also to make, have, and use a common seal, and the 
same to alter or renew at pleasure ; and also to appoint a trea- May choose of- 
surer and clerk, with such other officers as they may think ex- make' by-laws, 
pedient ; and also to establish and put into execution such b}'^- 
laws and regulations as to them shall appear necessary and 
convenient for the government of said corporation and the pru- 
dent management of their affairs ; Provided the same be not re- 
pugnant to the laws of this Commonwealth. 

Sect. 2. Be it further enacted, That said corporation are here- May hold real 
by made capable in law to hold and possess, for the purposes es"ate!'^^°"^ 
aforesaid, real estate to the amount of fifteen thousand dollars, 
and personal estate to the amount of twenty-five thousand dol- 
lars. [Feh. 3, 1818.] 

An Act concerning the Union and Boston Banks. Chap. lb. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
the seventh section of an Act, entitled "An Act to incorporate i8i2ch. 38. 
the President, Directors and Company of the Union Bank," 
passed on the twenty-third day of June, in the j-ear of our Parts of acts 
Lord one thousand eight hundred and twelve, and also the repealed, 
seventh section of an Act, entitled " An Act to incorporate the I8i2ch. 34. 
President, Directors and Company of the Boston Bank," pass- 
ed on the twenty-third day of June, in the year of our Lord 
one thousand eight hundred and twelve, be, and the same here- 
by are repealed. [Feb. 3, 1818.] 

An Act to establish the Union Wheel Factory Company. Chop. 79. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Mellen B:attle, Benjamin Bass, Warren White, and Persons incor- 
Benjamin White, together with such other persons as now are, po'^ted. 
or may hereafter be associated with them, their successors and 
assigns, be, and they hereby are made a corporation, by the 
name of The Union Wheel Factory Company, for the purpose 



212 



1817. 



Chap. 79—81. 



Powers and 
privileges. 



of making wheels, pumps, blocks, screws, shivcs, and for Cuti 
turning of wood and iron generally, in the town of Natick, in 
the county of Middlesex, and Boston, in the county of Suffolk : 
and for that purpose, shall have all the powers and privileges, 
and be subject to all the duties and requirements contained in 

(1808 cii. 65.) " An act defining the general powers and duties of manufacture 
ing corporations," passed the third day of March, in the year 
of our Lord one thousand eight hundred and nine. 

Sect. 2. Be it further enacted, That the said Corporation 
may lawfully hold and possess such real estate, not exceeding 

Capital Stock, the valuc of thirty thousand dollars, and personal estate not ex- 
ceeding the value of fifty thousand dollars, as may be conve- 
nient and necessary for the carrying on of the manufactures 
aforesaid. [Feb. 7, 1818.] 

l^tiap, oU. ^„ J^^.,J, (Q incorporate the Attleborough City Manufact-jring Company. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled., and by the authority of the 
same, That Joel Read, Lemuel May, Carlos Barrows, Squire 
French, Ebcnezer Draper, and Nathaniel Allen, with such oth- 
er persons as already have, or may hereafter associate with 
them, their successors and assigns, be, and they hereby arc 
made a corporation, by the name of The Attleborough City 
Manufacturing Company, for the purpose of manuficturing cot- 
ton yarn, on the Seven Mile I»iver, (so called) in the town of 
Attleborough, in the county of Bristol ; and for this purpose 
shall have all the powers and privileges, and be stibject to all 
the duties and requii-ements, contained in an act passed on the 
third day of March, in the year of our Lord one thousand eight 
(1808 ch. 65.) hundred and nine, entitled " An act defining the general pow- 
and duties of Manufacturing Corporations." 

Sect. 2. Be it further enacted. That said corporation may 
be lawfully seized and possessed of such real estate, not ex- 
ceeding the value of thirty thousand dollars, and such personal 
estate, not exceeding the value of forty thousand dollars, as 
may be necessary and convenient for carrying on the manu- 
facture of cotton yarn in said town of Attleborough. [Fth, 7, 
1818.] 



Persons incor 
porated. 



Powers and 
privileges. 



May hold real 
^state. 



Chap. 81. 



Persons incor- 
porated. 



An Act incorporating the South Congregational Society in Barnstable. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Joseph Phinney, Paul Phinney, William Phinney, Solo- 
mon Phinney, Ah^an Phinney. James Crosby, Job '^Childs, 
Ephraini Lewis, Levi Kelley, Thomas Lewis, 'Joseph Lewis, 
James Lewis, Edward Lewis, Freeman Kelley, Benjamin Ja- 
cob Childs, Eleazer Bearse, Ebcnezer Case, Gershom Bearse, 
John Bearse, Moses H. Bearse, Eli Hinckley, Allen G. Drody, 
Sylvanus Alexander, Moses Sturgess, Timothy Crocker. Lot 
Bearse, Benajah Berrj^ Timothy Bearse, Josiah Bearse. Allen 
Hal let, Ebenezcr P. Bearse, Freeman Bearse, Samuel Pitcher, 
Peter Norris, Elisha Hall, Luther Hall, Ebcnezer Case, junior, 
Lot Cise, James Hathaway, junior, Seth Bassett, Henry Bas- 
sett, Samuel Sturgess, John Sturgess, John Sturgess, junior, Lot 



iai7. Chap. 81. 213 

Sturgess, David Linnell, John Richardson, Richard Phinney, 
Thomas Phinney, Lewis Crosby, Silvanus Hinckley, Benjamin 
Hathaway, Levi Hinckley, and George Hinckley, with their 
polls and estates, be, and they are hereby incorporated into a 
society, by the name of The South Congregational Society, in 
Barnstable, with all the privileges and immunities which other 
parishes in this Commonwealth are by law entitled to. 

Sect. 2. Be it further enacted. That any inhabitant of the 
town of Barnstable, who may wish to become a member of 
said South Congregational Society, may, on or before the first 
day of March, in the year of our Lord one thousand eight 
hundred and twenty, join said society, and become a member Secession, 
thereof, he applying to the Clerk of said South Congregational 
Society, and entering his intention with him, and delivering to 
the Clerk of the parish he is about to leave, a certified copy of 
his intention. And any member of said South Congregational 
Society, who may wish to join either of the other congregation- 
al societies in Barnstable, on or before the first day of March, 
in the year of our Lord one thousand eight hundred and twen- 
ty, may become a member of either of said societies, by the 
like proceedings. 

Sect. 3. Be it further enacted. That all persons, who may 
hereafter settle in the said town of Barnstable, and purchase 
the estates of members of said South Congregational Society, Membership. 
shall thereby become members of said South Congregational 
Society, and shall have the liberty of joining either of the other 
congregational societies in said town, within one year next af- 
terward, by leaving a certified copy of his or her intention, as 
is provided by the second section of this act. And all other 
persons, who may hereafter settle in said town of Barnstable, 
may join said South Congregational Society, within one year 
next afterwards, by a similar proceeding. 

Sect. 4. Be it further enacted. That when any person, an in- 
habitant of said town of Barnstable, shall arrive at the age of 
twenty-one years, and may wish to join said South Congrega- May join 
tional Society, of which he or she is not a member, he or she chmch in one 
shall be allowed one year next afterward, to join said South 5''^^''* 
Congregational Society, in the same w^ay and manner as is pro- 
vided in the second section of this act ; and all persons who 
may wish to leave said South Congregational Society, when 
they shall arrive at the age of twenty-one years, shall be al- 
lowed one j-ear next afterwards, to join either of the other con- 
gregational societies, in the some manner. 

Sect. 5. Be it further enacted, That David Scudder, Esquire, 

or any other Justice of the Peace for the county of Barnstable, riay call 

be, and hereby is authorized, (upon application made for that '"''f ti"gs and 

, . '' , . 1. "^ -.'^^ 1 r • 1 choose ofificcrs. 

purpose,) to issue his warrant, directed to some member ot said 

South Congregational Society, requiring him to warn the mem- 
bers of said society, qualified by law to vote in parish aflairs, 
to assemble at some suitable time and place, as shall be expres- 
sed in said warrant, to choose such officers as parishes by law 
are required to choose, in the month of March or April annu- 



214 



1817. 



Chap. 90—92. 



May sell land 
and pass deeds. 



ally, and to transact all other matters and things necessary iO 
the well beinpf of said society. [Feb. 7, 1818.] 

C/lCfp. 90. An Act to authorize the town of Hingham to sell certain real estate. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the inhabitants of the town of Hingham, at any legal 
meeting or meetings, by them to be held, may, from time to 
time, appoint a committee of three discreet freeholders, inhabi- 
tants of said town, who shall have power, during their continu- 
ance in oflice, to sell and pass deeds of any or all such pieces 
and parcels of land, held by the said inhabitants as aforesaid, 
to any person or persons, his, her or their heirs and assigns, for 
such consideration as shall be agreed upon ; which deed and 
deeds, duly executed, acknowledged and recorded, shall pnss 
good titles to the purchaser or purchasers, his, heror their heirs 
and assigns, so that neither the said inhabitants, nor the said 
proprietors or their legal representatives shall ever have, claim, 
demand, or recover the same, or any part of the said lands. 

Sect. 2. Be it further enacted, That the money which shall 
be received for the sale of said lands, after deducting there- 
from all expenses which shall be incurred in the transaction of 
the business, shall constitute a fund, the interest of which shall 
be applied, exclusively, to the support of public schools, and the 
maintenance of the poor of said town. And the Selectmen and 
Treasurer of said town, for the time being, shall be Trustees 
of said fund, place the same at interest, and apply said inter- 
est, as received, to the purposes aforesaid. [Fe6. 10, 1818.] 
Add. act— 1818 ch. 37. 

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

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Samuel R. Miller, Patrick '1". Jackson, Eliphalet 
Williams, William Lawrence, Daniel P. Parker, George Bond, 
Edmund Munroe, 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 Suffolk Bank, 
and shall so continue from the third )V'ednesday in April next, 
until the first Monday in 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, re- 
strictions, limitations, taxes and provisions, and be entitled to 
Rights, &c. the same rights, privileges and immunities, which are contain- 
1811 ch. 84. ed in an act, entitled "An act to incorporate the President, 
Directors and Company of the State Bank," except in so far 
as the same are modified or altered by this act, as fully and 
effectually as if the several sections of said act were herein 
specially recited and enacted. 

Sect. 2. Be it further enacted, That the capital stock ot 
Capital Stock, said corporation shall consist of the sum of five hundred thou- 
sand dollars in gold or silver, to be, besides such part as this 



Appropriation 
of fun4s to 
schools, &c. 



Chap. 92. 



Persons incor 
porated. 



iai7. Chap. 92. ^l.*? 

Commonwealth may subscribe, in manner hereinafter mention- 
ed, divided into shares of one hundred dollars each, which 
shall be paid in manner following, that is to say ; one fourth 
part thereof on or before the fifteenth day of April next ; one 
fourth part thereof on or before the fifteenth day of July next ; Time of pay- 
one fourth part thereof on or before the fifteenth day of Oc- "^^"^• 
tober next ; and the residue on or before the fifteenth day of 
January next. And the stockholders, at their first meeting, 
shall by a majority of votes, determine the mode of transfer- 
ring and disposing of said stock and the profits thereof; which, 
beuig entered in the books of said corporation, shall be bind- 
ing on the stockholders, their successors and assigns, until they 
shall otherwise determine. And the said corporation are 
hereby made capable in law, to have, hold, purchase, re- ^^^^ ^^^^ 

ceive, possess, enjoy and retain to them, their successors and estate.^ 
assigns, lands, tenements, and hereditaments, to the amount of 
fifty thousand dollars, and no more, at anyone time; with 
power to bargain, sell and dispose of the same, and to loan 
and neeociate their monies and effects, by discounting on 
banking principles, on such security as they shall think ad- 
visable : Provided hoioever, that nothing herein contained shall Proviso, 
restrain or prevent said corporation from taking and 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 cor- 
poration : And provided further, that no monies shall be loan- 
ed, or discounts made, nor shall any bills or promissory notes Disposition of 
be issued from said bnnk, until the capital subscribed and paid stock. 
in, ar.d existing in gold or silver in their vaults, shall amount 
to one fourth part of the whole capital stock, nor until said 
capital stock, actually in said vaults, shall have been inspec- 
ted and examined by three commissioners, to be appointed inspection of 
by the Governor for that purpose, whose duty it shall be, at vaults, 
the expense of said corporation, to examine and count the 
monies actually existing in said vaults, and to ascertain, by 
the oath of the dii-eciors of said bank, or a majority of them, 
that said capital stock hath been bona fidt paid in by the 
stockholders of said bank, and towards payment of their re- 
spective shares, and not for any other purpose ; and that it 
is intended therein to remain as part of said capital, and to 
return r; certificate thereof to the Governor. 

Sect.. 3. Be it further enacted, That the said bank shall 
be established and kept in the town of Boston. Location. 

Sect. 4. Be it farther enacted. That Vv'henever the legisla- 
ture shall require it, the said corporation shall loan to the 
Commonwealth any sum of money, which may be required, 
not exceeding ten per centum of the capital stock, then actu- Loans to 
ally paid in, at any one time, reimbursable by five annual in- State, 
stalmcnts, 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 hoivever, 
that the Commonwealth shall never stand indebted to said 



216 18 17. Chap. 92—94. 

corporation, without their consent, for a larger sum than twen- 
ty per centum of their capital then paid in. 

Sect. 5. Be it further enacted. That the persons herein be- 
fore n;imed, or any three of them, are authorized to call a 
meeting of the members and stockholders of said corporation 
as soon as may be, at such time and place as they m;iy see 

Meeting for fjj ^q appoint, bv advertising the same in any two of the news- 
choice of ofti- ' ' . , y , -,. X-. ,- ,'' ^ , 
ceis. papers printed m the town of Boston, for the purpose of mak- 
ing, ordaining and establishing such bylaws and regulations 
for the orderly conducting of the aflairs of said corporation, 
as the stockholders shall deem necessary, and the choice of 
the first board of directors, and such other officers as they shall 
see fit to choose. 

Sect. 6. Be it further enacted. That the Commonwealth 
shall have a right, whenever the legislature shall make pro- 
State subsciip- vision therefor by law, to subscribe, on account of the Com- 
"°"' monwealth, a sum not exceeding two hunrlred and fifty thou- 

sand dollars, to be added to the capital stock of said corpo- 
ration, subject to such rules, regulations and provisions, as to 
the management thereof, as shall be by the legislature made 
and established. 

Sect. 7. Be it further enacted, That whenever the Com- 
monwealth shall subscribe to the capital stock of said corpo- 
ration, in manner herein before provided for, in addition to 
the directors by law to be chosen by the stockholders, the 
legislature shall have a right, from time to time, to appoint a 
number of directors of said bank, in proportion as the sums 
State Direc- p^[(\ \\'q^ i\^q treasury of the Commonwealth shall be^r 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. 

Sect. 8. Be it further enacted, Thnt the s?i\(\ bank shall not receive and is- 
Shall not traf- ''"^ ''^ currency, or take by way of general deposit, or trade or traffic in, or in 
fie in foreiun ''"Y manner receive or purchase, any bills, promissory notes, or other negociablc 
bills. paper of any incorporated or unincorporated bank of any state, territory, col- 

(Repealed by °"3' °f province, whatsoever, except such as ma)' be issued by the bank of the 
1818 ch. ST.) United States or some of its ijranches, or by some of the banks within this Com- 
monwealth. 

Sect. 9. Be it further enacted, That should the said bank 
oftend against the provisions of the preceding section, it shall 
forfeit and pay a sum equal to the whole amount of the bills 
Penalties. gQ received, taken and issued as aforesaid, to be recovered in 
any court of competent jurisdiction, by bill, complaint or in- 
formation, the one half for the benefit of the Commonwealth, 
and the other for the benefit of him or them who shall sue or 
or prosecute for the same. [Feb. 10, 1818.] 

Chap, 94. Au Act to incorporate the Proprietors of Rowe's Wharf, in the town of Boston. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Israel Munson, John French, John Perry, all ot 
Persons incor- Boston aforesaid, and their associates, successors and assigns, 
liorated. be, and they hereby are constituted a body politic and cor- 

porate, by the name of the Proprietors of Rowe's Wharf; and 
the said corporation, by the same name, are hereby declared 



1817. Chap. 94. ' 217 

and made capable in law to sue and be sued, to plead and be May sue and 
impleaded; to have a common seal, and the same to alter ^esued. 
and renew at pleasure; to make rules and by-laws for the 
regulation and management of the estate hereinafter describ- 
ed, consistent with the laws of the Commonwealth, and gene- 
rally to do and execute whatever by law shall appertain to 
bodies politic. 

Sect. 2. Be it further enacted That the said corporation 
be, and hereby is declared capable to have, hold and possess 
certain real estate, situate in said Boston, bounded and described 
as follows, to wit: westerly on Battery March-street, there 
measuring two hundred and twenty feet, more or less, north- 
erly by India Wharf and by the flats before the same, easter- 11^1^^°^^ "^^ 
ly on the channel, there measuring two hundred and fifty-four 
feet, more or less, and southerly by a thirteen feet high-way 
leading from the water to Fort Hill, or however otherwise 
bounded, tof^ether with all the rights, privileges and appurte- 
nances thereof; provided the lawful proprietors thereof shall Proviso* 
legally convey the same to said corporation; and the said cor- 
poration shall have power to sell, grant and alien, in fee sim- 
ple or otherwise, their corporate property, or any part there- 
of, within the said described limits, and lease, manage and im- 
prove the same according to the will and pleasure of 'he said 
corporation, to be expressed at any legal meeting : Provided 
ahmys, and it is hereby well understood, that nothing herein 
contained shall be construed into any grant or confirmation 
of title to land in the said associates or corporation, or into 
any authority to extend the dimensions of said wharf beyond 
the title and authority, which the present proprietors thereof 
now have and possess in this behalf. 

Sect. 3. Be it further enacted, That the said corporate pro- 
perty shall be divided into shares, not exceeding two hundred . 
•r-^, , ., .' c T ^ P . Division of 
m number, as the said corporation may find to be most expe- shares. 

dient; and said shares shall be divided among the several 
proprietors according to the interest and portions which they 
may respectively have in the said corporate property; and 
certificates of such shares shall be signed by the president of 
the corporation, and issued to the proprietors accordingly ; 
and the shares in said corporation shall be transferable by 
endorsement on the back of said certificates; and the proper- I^^We*'^"^" 
ty in such shares shall be vested in the assignee or vendee 
thereof, when a record shall be made thereof by the clerk of 
the corporation, and new certificates shall be issued accord- 
ingly ; and such shares shall in all respects be considered as 
personal estate. 

Sect. 4. Be it further enacted. That the said Corporation 
shall have power, from time to time, to assess such sums of 
money as may be deemed necessary for rebuilding or repair- Assessments, 
ing any buildings whatever, or other property of said corpo- 
ration, or necessary for the building of any new wharves, or 
tenements, within the aforesaid limits, or for the improvement 
and good management of the corporate estate agreeably to 
the true intent and meaning of this act. And in case any pro- 

VOL. V. 28 



218 



1817. 



Chap. 94—96. 



Limitation of 
eorporatu pro- 
perty. 



Regulation of 
votes and as- 
sessments. 



prietor shall refuse or neajlect to pay any assessment, the said 
coi'poration may cause such of the shares of such proprietor, 
Sale of deiin- ^^ ^^Y ^^ sufllcient thercfor, lo be sold at public auction, after 
qucnt shares, ten days notice, to the highest bidder; and after deducting the 
amount assessed and unpaid, together with the charges of 
sale, the surplus, if any, shall be paid over to such proprietor; 
and the purchaser of such share or shares, so sold, shall be en- 
titled to and receive a certificate of the share or shares by 
him purchased accordingly. 

Sect. 5. Be it further enacted. That the corporate property 
which the said corporation shall have and hold, at one time, 
in virtue of this act, shall not exceed in value the sum of two 
hundred thousand dollars ; and in all meetings of the mem- 
bers of said corporation, for the transaction of business, each 
member or proprietor shall be entitled to one vote for every 
share by him held in said corporation : Provided always, that 
no one member shall ever be entitled to more votes than shall 
be equal to one third part in vahie of the corporate property; 
and provided further^ that no assessment shall be made at any 
meeting, unless the same shall be agreed to by two thirds at 
least in number and value of those present or represented at 
such meeting; nor unless public notice shall have been given, 
at least ten days previous to such meeting, of the purpose ol 
such meeting, by publication thereof in one or more newspa- 
pers printed in Boston. Proprietors may appear and act at 
any meeting by proxy in writing. 

Sect. 6. Be it further enacted, That either of them, the 
said Munson, French, or Perry, may call a meeting of said 
corporation, by advertising the same in any of the newspa- 
pers printed in Boston, ten days at least before the time of 
First meeting, meeting ; and that the said corporation may, at such or any 
other meeting, agree on the mode of calling future meetings, and 
shall elect a president and clerk, and may elect all such other 
officers as said coi-poration may think fit for conducting and 
managing the corporate affairs and estate, and the same may 
change and remove as said corporation shall see fit. [Fet. 10. 
1818.] 

An Act in addition to an act, entitled "An Act to incorporate the Merchants' In- 
surance Company, in Boston." 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the capital stock of the Merchants' Insurance Company, 
in Boston, shall be augmented from one hundred thousand dol- 
lars, to one hundred and fifty thousand dollars, and that the 
additional stock shall be divided into five hundred shares, of 
one hundred dollars each ; and shall be subscribed under the 
inspection of the president and directors, or a committee ap- 
pointed by said company ; and shall be subject to the condi- 
tions, provisions and restrictions contained in said act, except 
as is hereinafter mentioned. 
Time of pay- Sect. 2. Be it further enacted. That the fifty thousand dol- 
ing in stock, ijjj^g j^g^y stock shall be paid in on or before the first day of 



Chap. 98. 

1316 ch. 66. 



Augmentation 
of stock. 
(Further in- 
creased 
1819 ch. 12.) 



lan; — Chap. 96—97. 219 

May next, under such penalties as the president and directors 
shall prescribe. 

Sect. 3. Be it further enacted. That so much of the thirteenth Pan of act 
section of said act, as limits the whole amount said company "P<=^'<-'^- 
may have at risk, at any one time, he, and the same hereby is 
repealed. [Feb. 10, 1 81 8.] Furth e r act— 1 8 1 9 ch. 12. 

An Act to incoipoiate the Executive Committee of the Massachusetts Baptist Q]i(ip, 97. 
Education Society. 

Sect. I. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Thomas Baldwin, I). D. Reverend Joseph Grafton, Persons incoiy 
Reverend Elisha Williams, Reverend Charles Train, Reverend P^r^^e'^- 
Jeremiah Chaplin, Reverend Lucius Bolles, and Reverend 
Daniel Sharp, together with the secretary and treasurer of the 
corporation, for the time being, are hereby formed into and 
constituted a body politic and corporate, by the name of the 
Executive Committee of the Massachusetts Baptist Education 
Society ; and they and their successors shall be and continue a 
body politic and corporate by that name forever. 

Sect. 2. Be it further enacted. That the said committee shall May choose 
have power to elect a chairman, and such other officers as they "^'^^'^''^ ^?^ .^ 
may deem necessary ; to have a common seal, and to alter the 
same at pleasure; to make all such by-laws as may be neces- 
sary to promote the objects of the society, not incompatible 
with the laws of this Commonwealth, and that the same socie- 
ty, by the name aforesaid, as a body politic and corporate, 
may sue and be sued, prosecute and defend suits to final judg- 
ment and execution. 

Sect. 3. Be it further enacted, That the said committee shall 
be, and they are hereby made capable in law of receiving any 
grants or devises of lands or tenements, in fee simple, or for a May hold real 
less estate, and also any donations or bequests of money, or *^'^^^" 
other personal estate, which may have been made, or Avhich 
may hereafter be made, by any person or persons whatever, 
and to use and improve the same for the purposes and accord- 
ing to the directions herein mentioned : Provided, that the said 
society shall at no time take, hold or possess, in real and per- 
sonal estate, a greater amount tiian sixty thousand dollars, upon 
a just valuation. 

Sect. 4. Be it further enacted, That all grants, donations, 
devises and bequests of any real or personal estate to the said 
society, not exceeding in amount the sum of sixty thousand Disposition 
dollars, shall be used and improved to the best advantage ; and °^ ^""''^• 
the annual income thereof, together with the annual subscrip- 
tions and contributions, which shall be made to the sai*' socie- 
ty, shall be applied annually to the assistance of such young 
men in their education for the ministry, as the executive com- 
mittee shall determine to be fit subjects thereof. 

Sect. 5. Be it furtlier enacted. That the said executive com- 
mittee, when seven of them, at least, shall deem it most for the 
advantage of the society, may sell and dispose of in fee sim- ]>,iay sell real 
pic, or otherwise, all or any of the real estate belonging to the estiite. 
society, and invest the same in funds^ or may apply their per- 



220 1817. Chap. 97—109. 

sonal estate in purchasing real estate, the proceeds of either 
being alvvajs applied to the object for which the said properly 
was i^iven. 

Sect. 6. Be it further enacted, That all deeds, grants, cove- 
Execution of nants and agreements, to be made for, and in behalf of said 
deeds. society, shall be executed under the common seal of the same, 

and signed by the chairman and secretary. 

Sect. 7. Be it further enacted, That the said executive 
Number of committee shall not exceed nine, including the secretary and 
committee. treasurer of the society, and shall be annually chosen by trus- 
tees appointed by the Boston Baptist Association, and such 
others as shall unite with them for the same object. 

Sfxt. 8. Be it further enacted. That the said society shall 
Annual meet- ^old their annual meeting on the Thursday next after the third 
^"S^' Wednesday in September, at such place as the Boston Baptist 

Association shall meet. 

Sect. 9. Be it further enacted. That the Legislature shall 
Powers to alter have power, at any time hereafter, to alter, amend or wholly 
t IS act. repeal this act, whenever in their opinion the public good may 

require it. \_Feh. 10, 1818.] See 1817 ch. 101. 

Chap, 100. ■'^" ■^''^ *° ^^^ '^^ William Hunnewell from the town of Charlestown, and annex 
•' liim to the town of CambriHge. 

BE it enacted by the Senate and House of Representatives, in 
General Court assr7nb!cd, and by the authority of the same. That 
Willicim Hunnewell, of Charlcstown, in the county of Middle- 
Conditional set sex, with his family, polls and estate, be set off from the said 
^ ■ town of Charlcstown, and annexed to the (own of Cambridge, 

in the said county of Middlesex : Provided, that the said Hun- 
newell shall be holden to pay his proportion of all sums of mo- 
ney granted by the town of Charlcstown, prior to the passing 
of this act. (Feb. 12, 1818.] 

Chap, 101. A." '^^T respecting the Trustees of the Baptist Education Fund. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
Number of That in all future meetings of the trustees of the Baptist Edu- 
cation Fund, five members thereof shall constitute a quorum 
for the transaction of business, any thing in their act of incor- 
poration to the contrary notwithstanding. [Feb. 12, 1818.] 

Chap, 109. An Act to prevent the destruction of Pickerel, in the town of Great Harrington. 
BE it enacted by the Senate and House of Representatives, m 
General Court assembled, and by the authority of the same. That 
from and after the passing of this act, whoever shall kill, take 
or catch any pickerel, in any pond, cove, river, or stream, 
within the town of Great Barrington, other than by or with a 
hook or hooks and line, shall forfeit and pay the sum of five 
dollars, for each and every pickerel so taken, to be recovered 
by any person who may sue for the same, to his own use, be- 
fore any Justice of the Peace within the same county. [Feb% 
13, isi'a.] 



trustees to con 
stitute a quo 



iai7. Chap. 112. 221 

An Act to incorporate the Suffolk Insurance Company. Chai), 112. 

Sect. 1. BE it enacted by the Senate and House of Represcnla- 
fives, in General Court assembled, and by the authority of the same, 
That the act passed in the year of our Lord one thousand 
eight hundred and three, entitled " An act to incorporate John (1802 ch. 60.) 
Codman and others into a company, by the name of the Suf- Act repealed, 
folk Insurance Company," and all other acts made in addition 
thereto, be, and the same hereby are repealed. 

Sect. 2. Be it further enacted, That the persons now hold- 
ing shares in the said Suffolk Insurance Company, together 
Avith all such persons as have agreed to associate themselves 
for the same purpose, and who shall become stockholders in Re-incorpora- 
the company hereinafter created, be, and they hereby are in- tio"- 
corporated into a company and body politic, by the name of 
the Suffolk Insurance Company, for and during the term of 
twenty years after the passing of this act ; and by that name 
may sue or be sued, plead or be impleaded, appear, prosecute Powers and 
or defend till final judgment and execution, and have a com- privileges. 
mon 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 mentioned. 

Sect. 3. Be it further enacted. That the capital stock of said 
company, exclusive of premtum notes and profits arising from Limitation of 
said business, shall never exceed three hundred thousand dol- ^^°^^- 
lars ; and shall be divided into shares of thirty-three dollars, 
thirty-three and one third cents each ; and the real estate, ex- 
clusive of mortgages, which the said company may hold, shall 
not exceed in value the sum of fifty thousand dollars. 

Sect. 4. Be it further enacted, That the s'ock, property, 
affairs and concerns of the said company, shall be managed 
and conducted by twelve directors; one of whom shall be pre- Number of 
sident thereof, who shall hold their offices for one year, and °^<^6«^s. 
until others are chosen, and no longer, and who shall, at the 
time of their election, be stockholders, and citizens of this 
Commonwealth, and shall be elected on the second Monday of 
January in each and every year, at such time of the day, and 
in such place in the town of Boston, as a majority of the direc- 
tors for the time being shall appoint; of which election, public Public notice 
notice shall be given, in at least two of the nevvspa{;ers printed of election of 
in the town of Boston, and continued for the space of ten days 
immediately preceding such election ; and the election shall be 
made by ballot, by a majority of the votes of the stockholders 
present, allowitig one vote to each share in the capital stock: 
Provided, ih^t no stockholders shall be allowed more than thir- 
ty votes; and the stockholders not present may vote by proxy, May vote by 
under such regulations as the company shall prescribe. And P'^o^)'- 
if, through any unavoidable accident, the said directors should 
not be chosen on the second Monday of January, as aforesaid, 
it shall be lawful to choose them on any other day, in the man- 
ner herein prescribed. 

Sfxt. 5. Be it further enacted, That the directors, when 
chosen, shall meet as soon as may be, after every election, and 
shall choose out of their body one person to be president, who Presidency. 



222 1817. Chap. 1 12—1 15. 

shall be sworn faithfully to discharge the duties of his office, 
and who shall preside for one year ; and in case of the de.ith, 
resignation or inability to serve, of the president or any direc- 
tor, such vacancy or vacancies shall be filled for the remainder 
of the year, in which they happen, by a special election for 
that purpose, to be held in the same manner as herein before 
directed respecting annual elections of directors. 

Sect. 6. Be it further enacted, That the president and three 
Bonrdof of the directors, or four of the directors, in the absence of the 

Directors. president, shall be a board competent for the transaction of 
business ; and all questions before them shall be decided by a 
majority of votes ; and they shall have power to make and 
prescribe such by-laws, rules and regulations, as to them shall 
appear needful and proper, touching the management and dis- 
position of the stock, property, estate and effects of said com- 
pany, and the transfer of the shares, and touching the duties 
and conduct of the several officers, clerks and servants em- 
ployed, and the election of directors, and all such matters as 
appertain to the business (jf insurance; and shall also have 
power to appoint a secretary and so many clerks and servants 
for carrying on the said business, and with such salaries and 
allowances to them, and to the president, as to the said board 
shall seem meet ; provided that such by-laws and regulations 
shall not be repugnant to the constitution or laws of this Com- 
monwealth. 

Sect. 7. Be it further cnac/erf. That the sums subscribed by 
the new stockholders, admitted by the old company, whose 
Shares to be charter is hereby repealed, shall be paid in money, at such 
paid for in mo- ^qual instalments, and under such penalties as the said compa- 
ny shall direct. 

Sect. 8. Be it further enacted. That Epes Sargent, Esquire, 
president of said corporation, is hereby authorized to call a 
First meeting, meeting of the members of said company, as soon as may be, 
in Boston, by advertising the same for one week, in two of the 
newspapers printed in said town, for the purpose of their elect- 
ing a first board of directors, who shall continue in offjce until 
the second Monday of January, one thousand eight hundred 
and nineteen. 

Sect. 9. Be it further enacted, That notwithstanding the re- 
peal, contained in the first section of tliis act, of the act of in- 
1802 ch. 60. corporation, passed in the year of our Lord one thousand eight 
hundred and three, the said Suffolk Insurance Company shall 
Old accounts to be and continue in full force, so far as may be necessary to set- 
be settled. ^|g ^^^y depending risk, and all other outstanding affairs of said 
corporation ; also for the recovery and settlement of any 
claims existing against said company. [Fe6. 13, 1818.] 

Chap. 115. -'^" ^^^ '" addition to an Act, entitled " \n Act authorizing the President, Dircc- 
18iS rh 90 ^"'^^ ^"'^ Company of the Springfield Bank to increase the amount of their capi- 

lS14ch*. 1. 60. tal stock." 

1815 ch 110. BE it enacted by the Senate and House of Representatives, in 

1817 ch. 54. General Court assemhled, aiid by the authority of the same. That 

the Act. entitled " An Act authorizing the President, Directors 

and Company of the Springfield Bank to increase the amount 



1817. Chap. 115—117. 223 

of their capital stock," passed the seventeenth day of June, in 
the year of our Lord one thousand eight hundred and seven- 
teen, be, and the same is hereby dechired to be in full force 
and operation : excepting, that whereas the time fixed by the ^. . 
said Act, tor paying m the additional capita! stock, has eiapsed, in stock. 
the same may and shall be paid in, one half part thereof on 
the first day of May next, and the other half on the first day 
of January next. [Fch. 16, 1818.] 

An Act to estabMsh the West Stockbridge and Alford Turnpike Corporation. Chap. 116, 
BE it enacted by the Senate and House of Representatives^ in ^^ " c i. . 
General Court assembled^ and by the authority of the same, That 
Sylvanus Tobey, Piatt B. Tyler, John Burghardt, Elijah An- Persons incor- 
drus, and Araos Woodruff, together with such others as have or porated. 
may hereafter associate with them, their successors and as- 
signs, be, and they are hereby made a corporation, by the name 
of the West Stockbridge and Alford Turnpike Corporation, for 
the purpose of making a turnpike road, from the Alford and Course of the 
Egremont turnpike, to the Housatonick river turnpike ; begin- road, 
ning at the most convenient place in the town of Egremont, on 
the Alford and Egremont turnpike, thence west of John San- 
ford's store, thence tc or near Abraham Race's barn, thence to 
ApoUos Dorman's dwelling house, thence to Erastus Hamlin's 
dwelling house, thence to or near the dwelling house of Sanford 
Fitch, thence near the west barn, so called, of James Picket, 
thence to West Stockbridge meeting house, thence north to a 
stone bridge, near the house of Benjamin Lewis, thence north 
to the Housatonick river turypike, in the town of West Stock- 
bridge ; and for the purpose aforesaid, shall have all the powd- 
ers and privileges, and shall also be subject to all the duties, General pow- 
requirements and penalties prescribed and contained in an Act, ^'^^* 
passed on the sixteenth day of March, in the year of our Lord 
one thousand eight hundred and five, and any Acts which have 
been passed in addition thereto : Provided hozvever, that if the proviso, 
said corporation shall neglect to complete the said turnpike 
road for the space of three years from the passing of this Act, 
the same shall be void and of no effect. [Feb. 10, 1818.] 

An Act to incorporate the New England Glass Company. Chap, 117. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That Amos Binney, Edmund Monroe, Daniel Hastings, Dem- Persons incor- 
ming Jarvis, and their associates, successors and assigns, be, poiated. 
and they are hereby made a corporation, by the name of the 
New England Glass Company, for the purpose of manufactur- 
ing flint and crown glass, of all kinds, in the towns of Boston 
and Cambridge ; and for the purpose aforesaid, shall have all 
the powers and privileges, and be subject to all the duties and p°iviie!e^"'^ 
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 du- (1808 ch. 65.) 
ties of manufacturing corporations." 

Sect. 2. Beit further enacted, That said corporation may be 



224 



1817. 



Chap. 117—124. 



M;iy hold veal 
and peisonal 
estate. 



Chap. 124. 



Persons incor- 
porated. 



Powers and 
privileges. 



Provisos. 



Annual sub- 
scription. 



Annual meet- 
ing in Boston. 



Pecuniary ap- 
propriations. 



lawfully seized and possessed of such real estate, not exceed- 
ing one hundred thousand dollars in value, and such personal 
estate, nut exceeding two hundred thousand dollars, as may be 
necessary and convenient for carrying on the manufacture 
aforesaid. [Feb. 16, 1818.] 

An Act to incorporate the Howard Benevolent Society. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same^ 
That Thomas Vose and his associates, together with such oth- 
ers as may become subscribers to the same institution, in the 
manner hereinafter provided, be, and they are hereby incor- 
porated into a society, by the name of the Howard Benevolent 
Society ; and by that name shall be a corporation forever ; 
Avith power to have a common seal, to make contracts relative 
to the objects of their institution ; to sue and be sued ; to es- 
tablish by-laws and orders for the regulation of the said socie- 
ty, and the preservation and application of the funds thereof; 
provided the same be not repugnant to the constitution or laws 
of this Commonwealth ; to take, hold and possess any estate, 
real or personal, by subscription, gift, grant, purchase, devise 
or otherwise ; and the same to improve, lease, exchange, or 
sell and convey, for the sole benefit of said institution : Pro- 
vided, that the value of the real estate of said society shall nev- 
er, at any one time, exceed twenty thousand dollars, and the 
annual income of the whole estate of said society shall not ex- 
ceed ten thousand dollars. 

Sect. 2. Be it further enacted, That every person who shall 
subscribe and pay to the funds of said society, a sum not less 
than one dollar and a half annuall}^, shall, by such subscription 
and payment, become a member of said society ; liable how- 
ever to be removed therefrom on neglect or refusal to pay the 
annual subscription aforesaid. 

Sect. 3. Be it further enacted, That the said society shall 
meet annually in Boston, in the month of October, at the time 
and place their committee may appoint, and shall elect from 
their members, by ballot, a president, secretary, treasurer, and 
not less than ten, nor more than fourteen persons, who, togeth- 
er with the president, secretary and treasurer, shall constitute 
the standing committee, who shall meet discretionally to make 
pecuniary appropriations, and transact such business as may 
require their attention ; all which officers shall hold their re- 
spective offices one year, and until others shall be elected to 
succeed them, except in case of vacancy by death or resigna- 
tion, in which case the committee shall have power to fill such 
vacancy until the ensuing annual election ; and five of them 
shall form a quorum. The society shall also meet in January 
and April, at the time and place the committee shall appoint, 
who shall give notice of all meetings of the society, by adver- 
tisements in two or more of the newspapers printed in Boston, 
at least seven days before each meeting. 

Sect. 4. Be it further enacted. That the committee, for the 
time being, shall have the management and application of aH 



1817. Chap. 124—125. 225 

ihe subscriptions, donations, funds and estate of the society, to 
be appropriated solely for the uses of the society ; /^roru/erf Disposition of 
such regulations are not repus;nftnt to the laws ot this Common- funds, &c. 
wealth, or the by-laws of this society ; and no sale or transfer 
of any real or personal estate of the society shall be valid, un- 
less approved by the committee. 

Sect. 5. Be if further enacted. That any writ or process 
agciinst said corporal ion, may be served by the officer leaving 
an iMested copy thereof with the treasurer of said society,, or 
at his last or usual place of residence, thirty dayi> before the 
return day thereof: and the said treasurer, or any person ap- May sue and 
pointed for that purpose, by the society, or by the committee, 
may ap{)ear by attorney, and defend or prosecute any suit in 
behalf of said sociciy. And all instruments of conveyance or 
contract, wlicli may lawfully l)e made by the society, shall be 
ap|)ro\ed by ihe committee, and signed by the president, and 
countersigned 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. 

Sect. 6. Be it further enacted, That Thomas Vose be, and 
he is hereby authorized to call the first meeting; of the said so- „ . 
ciet}^ by giving public notice of the time and place of meeting, meeting, 
by advertisement in one or more of the newspapers printed in 
the town of Boston, at least three days prior to such meeting ; 
and at which meeting, the officers before mentioned of the so- 
ciety shall be elected, and shall hold their offices until the first 
annual election of officers shall be holden, agreeably to the 
provisions of this Act. [Feb. 16, 1818.] 

An Act establishi'ig the Harnpstiire, Fiankliii and Hampden Agricultural Society, (^nOp, 125. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Joseph Lyman, Noah Webster, Epaphras Ho}^!, Samuel Persons incor- 
Lathrop, Thomas Longley, Josiah Dwight, Jacob Bliss, Jona- P°'^^'^'^- , 
than Smith, Enos Foote, Moses Porter, Elijah H. Mills, Solo- 
mon Smead, William Wells, Elihu Hoyt, Isaac C. Bates, Pliny 
Arms, Jonathan H. Lyman, Perry Babcock, Abner Gibbs, Ro- 
bert Sessions, Joseph Cummings, junior, Azariah Mosely, and 
Enos Smith, together with those who shall hereafter associate 
with them, and their successors, be, and they are hereby made 
a corporation, for the promotion of agriculture and the domes- 
tic arts, by the name of the Hampshire, Franklin and Hamp- 
den Agricultural Society; and for this purpose shall have the 
same powers and privileges, and be subject to the like duties Povvars&jia 
and restrictions, as the other incorporated agricultural societies P"^' ^s^s- 
in this Commonwealth ; and the said corporation may lawfully 
hold and possess real estate, not exceeding twenty thousand 
dollars, and personal estate, the annual income whereof shall 
not exceed five thousand dollars. 

Sect. 2. Be it further enacted, That said Joseph Lyman be, ^.^ 
and he hereby is authorized to notify and call the first meeting 
of the society aforesaid, for the purpose of organizing said so- 
ciety, and the establishment of rules and by-laws for the gov- 

VOL. V. 29 



226 1817. Chap. 125—132. 

ernment of the same, bj giving public notice of the time and 
place of holding said meeting, two weeks successively in the 
public newspapers printed in Northampton, Greenfield, and 
Springfield. [Feb. 19, 1818.] 

Ghctp. 126. An Act to annex Asa Webb, with his polls and estate, to the Union Religious So- 
ciety ill the towns of We)'mouth and Braintree. 

BE, it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same. 
That Asa Webb, with liis polls and estate, be, and they here- 
by are set off from the Rev. Mr. Norton's pnrish, in the town 
of Weymouth, and annexed to the Union Religious Society in 
the towns of Weymouth and Braintree ; there to enjoy all the 
parochial privileges of the said Union Religious Society, and 
to pay his proportion of all necessary charges that may arise 
therein, for the purposes aforesaid : Provided nevertheless, that 
Conditional ^^^ Said Asa Webb shall be holdcn to pay all taxes now asses- 
set off. sed, or that may he assessed for any sums of money now grant- 
ed by the said Rev. Mr. Norton's parish. [Feb. 19, 1818.] 

Chap. 132. An Act to incorporate the First Congregational Parish in Milton. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of the same, 
That all the inhabitants of the town of Milton, with all the lands 

Designation of in Said town, (cxccpt such inhabitants and such lands as do by 

first parish. law belong to some Other parish, or religious society, or are 
exempt by law from parish charges in said town of Milton,) be, 
and they are hereby incorporated into a parish, by the name 
of the First Congregational Parish in Milton, subject to all the 
duties, and vested with all the rights and privileges, to which 
parishes are by law entitled. 

Sect. 2. Be it further enacted. That the said First Congre2:a- 
tional Parish shall be deemed and taken to be successor to the 
said town of Milton, as far as relates to parochial proceedings, 

parish^rigiuf. ^^^ successor to said inhabitants heretofore acting as a town, 
parish, or society, in all their rights and immunities of a minis- 
terial or parochial nature ; and all the duties, contracts, and 
undertakings of that description, now binding on the inhabit- 
ants of said town, shall devolve on and be obligatory on said 
parish ; provided that nothing herein contained, shall be con- 
strued to divert the use of the ministerial lands in said town, 
from the intention of the donors, as expressed in the original 
appropriation thereof, or as altering or affecting the title of any 
such real estate. 

Sect. 3. Be it further C7iacted, That the first meeting of the 
said parish shall be convened, by a warrant to be issued by 

Jusiicetowarn ^^y Justice of the Peace in the county of Norfolk, directed to 
mee ing. ^^^ principal member of said parish, requiring him to warn the 
members of said parish, to meet at a suitable time and place, to 
be appointed in said warrant, for the election of such officers 
as parishes are by law required to choose at their annual pa- 
rish meetings, and to transact such other parochial business as 
may be authorized in said warrant. [Feb. 19. 1818.] 



1817. Chap. 135—137. 227 

All Act to annex VVillia>n Cleverly, and others, to the Union Religious Society in QJi^p^ 135. 
the towns o Weymouth and Braintree. ' 

BE it enacted by the Senate and House of Represeiitalives^ in 
General Court assembled, and by the authority of the same, That 
William Cleverly, and William Hancock, both of Braintree, in 
the county of Norfolk, with their polls and estates, be, and 
hereby are set ofl" from the Reverend Mr. Storrs' parish, in 
Braintree, and annexed to the Union Religious Society in the 
towns of Weymouth and Braintree ; and that Nathaniel Rich- 
ards, junior, Phebe Richards, and Dorcas Bates, with their 
polls and estates, be, and hereby are set oft' from the first and 
second parishes in the town of Weymouth aforesaid, and an- 
nexed to the Union Religious Society in the towns of Brain- 
tree and Weymouth aforesaid, whereof the Reverend Jonas 
Perkins is pastor ; provided that the aforementioned William 
Cleverly, William Hancock, Nathaniel Richards, junior, Phebe 
Richards, and Dorcas Bates, shall previously pay their pro- Conditional 
portion of taxes assessed upon them and due to the aforemen- ^^^off. 
tioncd first and second parishes in Weymouth, and the Rever- 
end Mr. Storrs' parish in Braintree. [Feb. 19, 1818.] 

An Act for the preservation of the Fish, called Alewives, in Mattapoisett River. Chap» 136. 
BE it enacted by the Senate and House of Representatives, in ll^'^i^'^^hnx 
General Court assembled, and by the authority of the same. That igii ch.eo. 
from and after the passing of this act, any person or persons, 1814 ch. 99. 
who shall aid, assist or abet in the unlawful taking of any of 
the fish, called alewives, in Mattapoisett river, in Rochester, 
shall incur and be liable to the same forfeiture or forfeitures, 
as the person or persons actually taking said fish, to be reco- 
vered in the same manner. [Feb. 19, 1818.] 

An Act to incorporate The Hawes Place Congregational Society in Boston. Chap, 13 /» 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of the same. 
That Zephaniah Wood, Rufus Harrington, Thomas Hammond, Persons incor- 
Peleg Holmes, Lemuel B. Spear, Adam Bent, Abel Hewins,Da- po^^ated. 
vid Williams, William Briggs, junior, Theophilus Curtis, Daniel 
Hobbs, Job Souther, Isaac Thoms, Phineas Mosely, with such 
others as may hereafter associate v/ith them, with their polls 
and estates, be, and they are hereby incorporated into a reli- 
gious society, by the name of the Hawes Place Congregational 
Society in Boston ; and the said society is hereby invested 
with all the powers and privileges, and subjected to the same Powers and 
duties and requisitions as other religious societies are invested P"viieges. 
and subject to, according to the laws and constitution of this 
Commonwealth. 

Sect. 2. Be it further enacted, That any person, who may Declaration foi 
at any time hereafter desire to become a member of said 1"^*^°'^'"^ 
Hawes Place Congregational Society, shall declare his or her 
desire and intention thereof in writing, and deliver the same to 
the Minister or Clerk of said society, such person shall, from 
the time of delivering such declaration, be considered a mem- 
ber of said society. 



1817. 



Chap. 137—151. 



Secession. 



Proviso. 



First meetinj;. 



Chap. 138. 



Persons incor- 
porated. 



Sect. 3. Be it further enacted, That when any member of 
the aforesaid society may think proper to secede therefrom, 
the same cour^^e and process shall he had and done, as is pre- 
scribed in the second section ot this act : Provided however.^ that 
in every case of secession, every such person shall be holden 
to pay his or her proportion or assessment of all parish or so- 
ciety taxes, legally voted by the society, prior to his or her 
secession therefrom, in manner above pointed out. 

Sect. 4. Be it further enacted. That the three first per- 
sons mentioned in the first section of this act, or either of them, 
is hereby authoiized to notify and warn the members of this 
society of the time :ind place for holding the first mcetins;, by 
advertising the same in one or more newspapers printed in the 
town of Boston, the last publication to be at least three days 
previous to the time of holding said meeting. [Feb. 19, 1818.] 

An Act to incorporate thr British Charitable Society. 

Sect. 1. BE It enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the authority of the same, 
That Jt)hn Richards, John Grew, Henry Wainwright, William 
Wells, John Sowdon, and John Bacon, anrl their associates 
and their successors, be, and ihey are hereby incorporated, 
and made a body politic by the name of the British Charita- 
ble Society ; with power to have and use a common seal, to 
sue and be sued, to ordain and make, from time to time, by- 
laws and rules for the government and management of the cor- 
poration ; provided the same be not repugnant to the constitu- 
tion and laws of this Commonwealth ; and .h;\t they have all 
the privileges usually gi\en by acts of incorporation tocharita- 
ble societies. 

Sect. 2. Be it further enacted, That the said corporation 
may take by purchase, gift, grant, or in trust, or otherwise, 
and hold real estate, not exceeding the value of twenty thou- 
sand dollars, and personal estate not exceeding the value of 
sixty thousand dollars, for charitable purposes. 

Sect. 3. Be it further enacted. That John Richards be, 
and is hereby authorized to c til the first meeting of said cor- 
poration, by advertisement in one of the newspapers printed in 
Boston, and appoint the time and place thereof, at which meet- 
ing by-laws may be passed, and the mode of calling other 
meetings regulated. 

Sect. 4. Be it further enacted, I'hat this act ma}' be 
amended, revised or terminated, at the pleasure of the Legis- 
lature. {Feb. 20, 1818.] 

Chap. 151. An Act to reguliUe the Fishery in Monatiquot Fiiver in the town of Braintree. 

Sect. 1. BE it enacted by the Saiate and House of RepresentO' 
tive.s,in General Court assembled, and hy the authority of the samcy 
That the inhabitants of the town of Braintree, at their meeting 
in March or April annually, may, and they hereby are author- 
ized to regulate the taking of the fish called alewives. shad and 
Maydisposeof smelis. in Monitiouot river within said town, or to dispose of 
privilege. the privilege of taking the same, to their own use and benefit. 



PiOTiso, 



May hold real 
and personal 
estate. 



Notice of 
jneeting. 



1817. Chap. 1.51. 228 

in any manner or way that (hey mny think proper, which sale 
shall not exceed three years, at onetime; and said reguiaiii)iis 
when m ule, shall remain in foree for one year next ensuing, 
and afterwards, until new regulations, in manner albresnid, 
sh;dl be adopted by the town. And it shall be the duty of 
said town at their aforesaid meetinii, annually, to choose three 
discreet persons by ballot, whose duty it shall be to inspect 
said river, to cause the regulations respecting said fishery to be 
carried into effect, and to prosecute all violations thereof that 
shall come to their knowledge; and who shall also be sworn 
to tfle fai hful performance of their duty, in like manner, and 
under like penalties, as other town officers : Provided that no- Piovisn. 
thing herein contained shall be construed to prohibit the in- 
habitants of the town of Braintree from taking smelts for their 
use and consumption, or any of the inhabitants of the towns of 
Quincy or Weymouth, for the sanje purpose, two days in each 
week, to be agreed upon by the town of Braintree, at their an- 
nual meeting in March or April. 

Sect. 2. Be it further enacted^ That the owners or occupiers Passages for 
of dams across said river shall, during the time said lish are fish to be kepi 
passing up, constantly keep open a passage through, over or 
round their respective dams, sufficient for the^'passage of said 
fish, to the satisfaction of the Selectmen of the said town, for 
the time being, or a major part of them, under penalty of a sum, 
not less than twenty, nor more than fifty dollars, for each and 
every twenty-four hours that they shall neglect to open a pas- 
sage as aforesaifl, from and afiei- said owner or occupier has 
been notified and requii-ed, in writing, by said committee, for 
the space of two days so to do. 

Sect. 3. Be it further enacted^ That if any person or per- Penalties for 
sons shall make any wear across said river, or cause any oh- making wears 
structions to the free passage of said fish, contrary to the regu- 
lations of the town, the person or persons so offending shall, 
for each offence, forfeit and pay a sum not exceeding fifty dol- 
lars, nor less than one dollar, at the discretion of the Court be- 
fore whom the same may be tried. 

Sect. 4. Be it further eimcied. That all penalties incurred iNiay prosecute 
by a breach of this act, may be prosecuted and sued for, be- for penalties. 
fore any Court of record proper to try thesatue, by any inha- 
bitant of said town, being a freeholder; and no person shall be 
considered as disqualified from being a witness on any trial, 
that may be had pursuant to this act, by reason of his or her 
being an inhabitant of said town, (who is not a complainant,) 
or of being one of the committee aforesaid. 

Sect. 5. Be it further enacted^ That the town of Braintree Gifts of fish to 
shall cause to be given to every poor and necessitous family in the poor. 
said town, annually, two hundred of said alewives, and the Se- 
lectmen of the said town of Braintree, for the time being, shall 
or may determine what necessitous or poor family shall be en- 
titled to the benefit of said fish. 

Sect. 6. Be it further enacted^ That all fines and penalties. Distribution o 
recovered for a breach of this act, shall be one third part for ^ne^- 
the use of the complainant, and the other two thirds for the 
use of the town of Braintree. 



230 1817. Chap. 151—152. 

Committee to Sect. 7, Be it further enacted^ That the committee, chO' 
town"^^^ sen by virtue of this act, shall be compensated for their service 

by the town of Braintree, at such rate as the town may agree 

upon, at the time they are chosen. 

Sect. 8. Be it further enacted, That an act, entitled, " An 
1798 ch. 78. Act to regulate the taking of fish, called alevvives, in Monati- 

quot river in the town of Braintree," passed on the first day of 

March, in the year of our Lord one thousand seven hundred 
(1811 ch. 154.) afij ninety-nine, and an act, entitled, " An Act in addition to an 

act, entitled an act to regulate the taking of the fi.^h. called ale- 
Acts repealed, wives, in Monatiquot river, in the town of Braintree," passed 

on the twenty-eighth day of February, in the year of our Lord 

one thousand eight hundred and twelve, be, and hereby arc 

repealed. [Feb. 20, 1818.] 

Kjliap. lO*. ^^ ^j,^ ,Q establish the Massacliusetts Bay Canal Corporation. 

WHEREAS a navigable Canal or Canals, connecting the 
Preamble. waters of Buzzard's Bay, or those of the southern side of Cape 

Cod, with the waters of Barnstable Bay, will be of great pub- 
lic advantage, and essentially promote the commerce, not only 
of this state, but of the United States, and be the means, under 
Providence, of saving many lives and much property, other- 
wise exposed to the dangers of an intricate and hazardous na- 
vigation : And whereas, in and by a resolve, passed on the 
eighth day of March, in the year of our Lord one thousand 
seven hundred and ninety-two, the aid and encouragement of 
the Legislature were promised to any person or persons who 
might thereafter apply for authority and power to effect the 
intentions and desires of the government in this behalf: And 
whereas application to this Legislature hath been made by 
Israel Thorndike, Thomas H. Perkins, Henry A. S. Dearborn, 
John T. Apthorp, William Tudor, junior, Uriah Cotting, 
Charles Davis, and Thomas M. Jones, for an act of incorpora- 
tion, to carry into full effect the useful purposes aforesaid ; and 
this Legislature, moreovei-, being satisfied of the public benefits 
to be derived from the completion and establishment of a Canal 
or Canals, connecting the said waters: Therefore, 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled, and by the authority of tht 
Persons iiicor- sttttJe, That Israel Thorndike, Thomas H. Perkins, Henry A. 
porated. g. Dearborn, John T. Apthorp, William Tudor, junior, Uriah 

Cottine;, Charles Davis, and Thomas M. Jones, their associates 
and successors, be, and they hereby are made a corporation 
and body politic forever, by the name and style of the Pro- 
Powers and prietors of the Massachusetts Bay Canal, with all the powers, 
privileges. privileges and immunities incident to a corporation aggregate. 

And said corporation is hereby made capable in law, of having, 
holding, purchasing, and taking in fee simple, or in any less es- 
tate, by gift, grant, devise, or otherwise, any lands, tenements, 
hereditaments, or other estate, real, personal, or mixed, neces-? 
sary for the making, upholding, and maintaining a navigable 
canal or canals, as aforesaid. 




1817. Chap. 152. 2.31 

Sect. 2. Be it further enacted, Thai said corporation shall 
have a common seal, and shall be capable in law, to prosecute 
and defend to final judgment and execution, any action or 
other process before any Court, Tribunal or Magistrate what- 
ever, and to do and perform all such other acts, matters and 
things, as an aggregate corporation may, or of right can do. 
And they shall have power to make and establish such by- By-laws, &c. 
laws and regulations, as they may find necessary or useful for 
the well ordering and governing their officers, agents, servants, 
estates, risjhts properly and interest; and they shall have power 
to appoint a President, Treasurer, Secretary, and such other 
officers, agents and servants, as they may find necessary and 
convenient for them ; and to invest them with such powers, and 
subject them to such duties as may be provided in and 
by the by-laws and regulations aforesaid ; provided the same 
arc not repugnant to the laws of this Commonwealth. 

Sect. 3. Be it further enacted, That said corporation shall Location of 
have power to explore, mark, and lay out one or more parcels *"^ * 
of land, not more than fifty rods wide, across the isthmus of 
Cape Cod, from BHrnstal:)]e Bay to Buzzard's Bay, in any di- 
rection, through either of the towns of Sandwich, Barnstable, 
Wareham, or Plymouth ; through and over any of which par- 
cels of land they may dig, make and complete, a navigable 
canal or canals, of suit'^bie depth for the passage of vessels, 
drawing ten or more feet of water; and for the purposes of 
supplying and maintaining said canal or canals, the said cor- 
poration is herebj' authorized to take and use any water of and 
from any pond or ponds, rivers, and other water courses, as 
the same may be convenient or necessary ; and to make, in 
any part of such canal or canals, and at the extremities there- 
of, on both or either the southern and northern sides of the 
said Cape, all such locks, flood-gates, docks, embankments, ar- 
tificial harbors, basins, piers, wharves, and other works, as 
well above as below low water mark, as may be convenient 
or necessary for the purposes of this act. 

Sect. 4. Be it further enacted, That when the said corpo- Disputes on 
ration cannot agree with purchase of any other corporation or '*'^i"<= of land 
individual, over and through whose lands the said canal or ca- ^^^^^^^' 
rals may pass, then they may apply by petition to the Circuit 
Court of Common Pleas, for the southern circuit, when holden 
within and for the county of Barnstable, therein setting forth, 
by a proper description, the quantity of land they want; and 
that they are unable to purchase the same by agreement, and 
requesting the said Court to have the same valued ; and ma}- 
file the same in the office of the Clerk of said court, and may 
take out a summons from him under the seal of said Court, with 
a copy of said petition annexed thereto, returnable at the next 
term of said Court, which summons shall be served at least 
thirty days before the sitting of said Court, to which it is re- 
turnable ; and being duly served and returned by the Sheriff 
of said county, or his Deputy, the same may be entered with 
the other actions of the said Court ; and the said Court shall 
thereupon proceed to inquire, and by the verdict of a iurv, at 



232 1817. Chap. 152. 

the bar of said Court, to ascertain the value of the land taken 
from any individual or corporation, for the purposp<; aforesaid ; 
and the same verdict, being allowed and recorded, shal' be 
conclusive on all parties; and the amount, so ascertained, be- 
ing paid or tendered by said corporation, and if not accepted, 
left with the said Clerk, for the use of the party entitled to the 
same, or his or their legal representative, shall operate a trans- 
fer of the estate so t iken. and vc^t the same in said corporation, 
in lee simple, and thereupon they may enter upon, use, occu- 
py and enioy the same forever: And the said Court, and all 
officers, who may perform any service on any such application, 
shall be entitled to the same fees as are by law taxable in civil 
actions ; and the said corporation may join in the said applica- 
tion, any one or more individuals, whose lands may be taken; 
and the said jury shall, in ench case, reiurn separate verdicts 
for each several respondent ; and if, in the opinion of the said 
Court, it may be necessary, they may, upon the motion of any 
party, direct a view of the premises by the jury. 

Sect. 5. Be it further enacted. That if any person or corpo- 
ration sustain damage in his or their lands or rights, by using, 

made^eood" ^ diverting or drawing off any pond or water course, or by over- 
flowing any lands, in consequence of any Act or thing done by 
said corporation ; and the said corporation shall tender and of- 
fer to pay to the party injured as aforesaid, such sum as said 
corporation may deem a just and reasonable compensation ; the 
same, if found to be sufficient, as hereinafter provided, shall be 
a bar to any further damasjcs for such injury. 

Sect. 6. Be. it further enacted. That any person or corpora- 
tion, who may sustain damage as aforesaid, may state his com- 
plaint in writing, directed to the Circuit Court, or other Court 
of Common Pleas, holden for the county in which such lands 
lie, at any term thereof, therein setting forth with legal certain- 
ty, the injury they have sustained ; and a true copy of such 
complaint being left with the president or secretary of the said 
corporation, twenty days, at least, before the sitting of such 
court, and being ai'terwards entered upon the docket, said court 
may hold jurisdiction of such complaint, and give judgment and 

o f ., issue execution thereon ; and the said corporation may appear 

Processor smt ' . .' r 

(or damages, and plead to such complaint, any matter in bar, or abatement, 
or may traverse the facts therein set forth ; and the said court, 
if an issue in law shall be joined thereon, shall proceed to de- 
termine the same; and if an issue in fiict shall be joined (here- 
on, the same shall be committed to a jury at the bar of said 
court, who shall try it and return their verdict thereon, and the 
same jury shall also inquire, and by their verdict ascertain, 
what damages the party complaining has suffered ; and if the 
said corporation shall not appear, the court may. upon their 
default, proceed to inquire by a jury, and ascertain the d «m- 
ages any complainant has sustained. And the same proceed- 
ings shall be had respecting such damages as might have been 
had if the said corporation had appeared and answered to such 
complaint. And if iliejury who may inquire of the damages, 
in any case where the party has appeared and pleaded in bar 



1817. Chap. 152. 233 

of damages, shall not by their verdict find a greater sum- in 

damages than was tendered as aforesaid, then the respondent 
shall go free of such complaint. And if the said corporation 
shall have neglected to tender amends for any injuries done as 
aforesaid, before they shall be served with a copy of such com- 
plaint, then they may, at any court, where such process may 
be pending, bring into the same court, under a rule for that 
purpose, for the use of the pariy complaining, such sum, in sa- 
tisfaction of the injuries complained of, together with the costs 
which may then have arisen; and if the complainant will not 
accept thereof, and shall not afterwards by the verdict of the 
jury recover a greater sum in damages than shall have been 
paid into the court under such rule, then the party complained '' 

of shall go free of such complaint. 

Sect. 7. Be it further enacted, That any party aggrieved at Appeals, 
the judgment of any Couri of Common Pleas, may appeal there- 
from, to the next Supreme Judicial Court, to be holden within 
or for such county as aforesaid ; and the party appealing shall, 
before the same be granted, enter into recognizance with one 
or more sureties, to prosecute his appeal, and to pay such ad- 
ditional costs and damages as may be awarded against him: 
and the Suf)reme Judicial Court shall proceed on such appeal, 
in all respects, as the court having original jurisdiction thereof. 

Sect. 8. Be it further enacted. That if any person or persons, penalties for 
shall wilfully, maliciously, or contrary to law, take up, remove, injuring the 
break down, dig under, or otherwise injure any part of said <^^"^'- 
canal or canals, or any w^ork or works connected with, or ap- 
pertaining to the same, or any part thereof, such person or per- 
sons, for every such offence, shall forfeit and pay to such cor- 
poration, a sum not less than fifty dollars, nor more than five 
thousand dollars, according to the nature and aggravation of 
injury done or committed : and such offender or offenders, shall 
further be liable to indictment for such trespass or trespasses, 
and, on conviction thereof, shall be sentenced to pay a fine 
to the use of the Commonwealth, of not more than one hundred 
dollars, nor less than twenty-five dollars. 

Sect. 9. Be it further enacted, That the stock and property 
of this corporation, shall be divided into ten thousand shares; Numbeipf 
certificates of which, shall issue under the seal of said corpora- ^'^^'^^^• 
tion, and be signed by the president and treasurer thereof ; and 
the said shares shall be deemed and taken to be personal es- 
tate, and may be transferred by endorsement, and such trans- 
fer shall be recorded by thesecretary of said corporation. And 
the said corporation may make assessments on the shares, for 
the purpose of effecting the objects of the corporation ; provid- 
ed however, that the whole amount of the assessments on each Assessments, 
share, after deducting the amount of all dividends previously 
declared thereon, shall not exceed the sum of fifty dollars. 
And in case the amount of fifty dollars, so assessed on each 
share, will not supply the necessary funds, the corporator may 
raise the funds required, by selling any shares not subscribed 
for; or, by creating and selling any necessary number o^shares, 
over and above the said ten thousand. And if the proprietor 

VOL. V. 39 



234 1817. Chap. 152, 

of any share or shares, shall neglect or refuse to pay any a^- 
se'isment, for the term of thirty days, after the same hath be- 
Deiinqiients <^ome due. the share or shares, on which there is a delinquen- 
iha.es may be cy, may be sold at public auction ; notice of the time and place 
*°'^* of such sale, being given by the treasurer of said corporation^ 

in two public newspapers printed in Boston, three weeks at 
least, previous to the lime appointed for such sale : and the pro- 
ceeds of the sale shall be applied to the p;iyment of the assess- 
ments due on the share or shares, w sold, with the incidental 
charges; and the surplus, if any, shall be paid to the former 
owner, or his legal representatives, on demand. And such s^ile 
shall give a good and complete title to the purchaser of such 
share or shares, and he shall receive a new certificate or cer- 
tificates therefor; provided houiever^ th^l if, before the actual 
sale of any such delinquent share or shares, the proprietor 
thereof pay the assessments due thereon, with interest from the 
lime they became due, and all necessary and reasonable charg- 
es, the sale shall not proceed. 

Sect. 10. Be it further enacted, That said corporation shall 
be entitled to ask and receive of and from all vessels passing 
through said canal or canals, at and after the following rates : 
Kates of toll. From each vessel chiefly laden with lumber, wood, fish, lime, 
plaster of paris, or stones, and each vessel in ballast, or empty 
vessel, not more thao thirty cents per ton ; from every vessel 
employed in the coasting trade, and chiefly laden otherwise, 
than as aforesaid, not more than forty cents per ton ; from every 
vessel bound lo, or coming from any island in the West Indies, 
or other islands in the Atlantic ocean, or to or from any of the 
British possessions in North America, not more than fifty cents 
per ton ; from every vessel bound to, or coming from any jiort 
or place in Europe, Africa, or the Atlantic coast of South Ame- 
rica, not more than eighty cents per ton; from every ves. el 
bound to or coming from the Cape of Good Hope, or beyond 
said Cape, or round Cape Horn, not more than one hundred and 
fifty cents per ton : the tonnage in all cases to be ascertained 
by the register, or coasting or fishinsi; license of the vessel pass- 
ing said canal or canals. And said corporation shall also be 
entitled to ask and receive of and from all boats and vessels 
under thirty tons burthen, and of and from all rafts of lumber, 
wood, and other articles, passing through said canal or canals^ 
such reasonable toll, in proportion to the rates aforesaid, as may 
be fixed by the regulations of said corporation ; and shall also 
be entitled to ask and receive of and from every vessel, boat 
or raft, entering any artificial harbor appcrtainino; tosaid canal 
or canals, and not passing through the same, such reasonable 
rates of dockage, anchorage and wharfage, as may be fixed by 
the regulations of said corporation. And in all cases the amount 
of toll, dockage, anchorage or wharfage, due from any vessel, 
boat, raft, or other thino; or article, shall be a lien in favor of 
said corporation, on such vessel, boat, raft, or other thing or 
article, until the amount due as aforesaid be paid to said cor- 
poration. 

Sect. U. Be it further enacted, That it shall be the duty of 



1817. Chap. 152—153. 235 

said corporation lo make and keep in good repair, at all times, 
good aiul siifliciont bridges, with draws, over said canal or ca- foTc^e'reS. 
nals, where any county or town roads now cross the land which 
m.ty he taken for the same, for the passage of teams, mail stag- 
es and carriages, and every thing else necessary for the pub- 
lic convenience, toll free. 

Sect. 12. Be it further enacted^ That the slock and property 
of said corporation shall be exempted from all public taxes, un- ^^eT'"'"" °^ 
til a dividend shall be made on the shares of said corporation, 
equal to an annual income of six per centum on the money ac- 
tually expended by said corporation in making said canal or 
canals, and other works connected with, and appertaining to 
the same. 

Sect. 13. Be it further enacted. That no grant, authority, or 

• • 1111- 1 „ Rights secured, 

permission shaU be given or granted to an^^ person or persons, 

corporation or corporations, to make any canal, connecting the 
waters on the southern side of Cape Cod, with the waters on 
the northern side thereof, without the consent of the corpora- 
tion hereby created : Provided however, if the said corporation 
shall not complete a canal or canals, as aforesaid, passable for 
vessels drawing at least ten feet of water, within six years from 
and after passing this Act, the same shall be void. 

Sect. 14. Be it further enacted. That any four of the persons 
named in the first section of this Act, may call the first meet- Fust meeting, 
ing of said corporation, to be holden at such time and place as 
they may judge proper; of which meeting they shall give no- 
tice, by publishing the same in any two of the Boston newspa- 
pers, the first publication to be at least fourteen days previous 
to said meeting. And at all meetings of said corporation, one 
vote shall be allowed to a share, and one vote for every addi- 
tional two shares, owned by the same proprietor ; provided, no 
one proprietor shall be allowed more than forty votes ; and 
absent proprietors may vote by proxy, duly authorized in 
writing. {Feb. 20, 1818.] 

An Act granting furttier time to the Stocklioldeis of the Lynn Mechanics' Bank C/lflfp. 153. 
for the payment of the second instahnent of their Capital Stock. 1313 rh. 19'^ 

BE it enacted by the Senate and House of Rcprescnlatives, in t8i4 ch. 145. 
General Court assembled, and by the authority of the same, That 
the further time of twelve months, from the first Monday in 
January, in the year of our Lord one thousand eight hundred 
and eighteen, be, and the same is hereby allowed to the stock- 
holders of the Lynn Mechanics' Bank, for the payment of the 
remaining half of the capital stock of said corporation, the same 
to be divided into two equal instalments of twenty-five thousand 
dollars each : the first instalment to be paid on the first Mon- Time of pay- 
day in July, in the year of our Lord one thousand eight hun- ment. 
dred and eighteen, and the remainder to be paid on the first 
Monday in January, in the year of our Lord one thousand eight 
hundred and nineteen; and that all other Acts, heretofore made 
respecting the times of payment of the capital stock of said 
bank, so far as the same are inconsistent with the provisions of 
this Act, be, and the same are hereby repealed. [Feb. 20, 
1818.] 



236 1817.^— Chap. 154—155. 

Chan, 1 54, ^" ^'^'^ ^^ revive and continue in force, an Act, entitlcfi " An Act to establish a 
18(i9rh 11<^ Corporation, by the name of the Woburn Turnpike Road and Dracut Bridge 

1814 ch! m. Corporation." 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same^ 
That the Act, entitled " An Act to establish a corporation, by 
the name of the Woburn Turnpike Road and Dracut Bridge 
Corporation." passed on the sixth day of March, in the year of 
ther'time. "^' *^"'' Lord one thousand eight hundred and ten, be, and the same 
is hereby revived and continued in force, foi the term of five 
years from the passing of this Act, for the purpose of enabling 
the persons therein named, their associates and assigns, to build 
and complete the said bridge over the said Merrimack river, 
agreeable to the provisions described in said Act, any law to 
the contrary notwithstanding. 

Sect. 2. Be it further enacted. Thai Josiah Brown, Esquire, 
Meeting for be, and hc is hereijy authorized and directed to notify and warn a 
ceiT*' °^°^^" meeting of said proprietors, to be holdcn sometime in the month 
of April or May next, at such place as he may appoint, for the 
purpose of choosing a president, clerk, directors, and treasur- 
er, and to transact any other business relative to the affairs of 
the s;iid corporation, by publishing notification thereof, in one 
or more of the public newspapers printed in Boston, two weeks 
at least, before the holding of said meeting. [^Feb. 20, 1818.] 

KAiap, 1 55. An Act to provifle for the repeal of the fifth section of an Act, entitled " An Act 
1811 ch. 147. to establish a Town, by the name of North Brookfield." 

Sect. 1. BE it enacted by the Seyiale and House of Representa- 
tives^ in Gene7-al Court assembled, and by the authority of the same, 
That Austin Flint, of Leicester, Nathaniel Jones, of Barre, in 
the county of Worcester, and Joseph Cummings, of Ware, in 
the county of Hampshire, be. and they are hereby appointed 
a committee to hear and consider the claim of Brookfield on 
the one part, and of North Brookfield on the other, under the 
Claims to be fifth section of the " Act to establish a town, by the name of 
adjusted. North Brookfield ;" and thereupon, finally to determine wheth- 

er the said town of North Brookfield ought on any ground what- 
soever, in future, to pay any part of the expenses of maintain- 
ing the bridges and causeways in the town of Brookfield ; and 
if any. then what part, and in what manner the same shall be 
paid, and when the liability of the said North Brookfield shall 
altogether cease': And, after duly notifying the said towns, and 
hearing them, touching the premises, to make their report in 
writing, under their hands, filing the same in the office of the 
secretary of this Commonwealth. 

Sect. 2. Be if further enacted, That from and after the time 
' the report of said committee, or of a major part of them, shall 

be made, and filed in the office of the said secretary, the said 
Conditional fifth section of said Act, incorporating the said town of North 
repeal of act. Brookfield, shall be repealed ; and the duties and liabilities of 
said >[orth Brookfield, resulting from the said section, shall al- 
togetlier cease : and thenceforth, the said towns, Brookfield 
• and North Brookfield, touching the subject matter of said in- 

corporating Act, shall be regulated and governed by the prin- 



1817. Chap. 155—157. 237 

ciples and provisions contained in the report of the said com- 
mittee. The expenses of the said committee to be paid hj the 
said towns, in such proportions as the said committee shall de- 
termine : Provided always^ that nothing in this Act shall be con- 
sidered as relating to any claim for past expenses of maintain- 
ing the said bridges and causeway. 

Sect. 3. Be it further enacted. That the whole report of said Enforcement 
committee may, and shall be enforced at law, in any court pro- of rule, 
per to try the same ; provided the said parties do not volunta- 
rily and completely perform the same, agreeably to its provi- 
sions and requirements. [^Feh. 20, 1818.] 

An Act relating to the Braintree and Weymouth Turnpike Corporation. Chap, 1 5G. 

Sect. 1 . BE it enacted by the Senate and House of Representa- ^^^^ ^^- 1"^- 
lives, in General Court assembled, and by the authority of the same^ 
That the turnpike road from Quincy meeting-house to Queen 
Ann's corner, as the same has been laid out and made by the 
Braintree and Weymouth Turnpike Corporation, and approved 
by the Supreme Judicial Court, agreeably to the provisions of 
the law of incorporation ; and all the proceedings relative to j^pQj.pQj.^jiQj.^ 
the laying out and making of the said road, be confirmed and law confirmed, 
made valid and effectual, to all intents and purposes whatso- 
ever, any omission in the record of the oaths to the surveyor 
and committee notwithstanding. 

Sect. 2. Be it further enacted, That any Justice of the Peace 
within the county of Norfolk be, and hereby is authorized to con,n,ittee of 
appoint a committee of three disinterested persons, to appraise appraisement. 
a small piece of land taken to make said road, which was omit- 
ted being appraised, in consequence ot the owner's refusing to 
take any compensation for the same : and which committee, 
when appointed, shall be sworn to the faithful performance of 
their duty ; and shall or may perform said business when call- 
ed upon by either party, after giving proper notice of thesame, 
and who shall be compensated for their trouble by said corpo- 
ration. [Feb. 20, 1818.] 

An Act to prevent the taking of Fish near the Dam, at the Canal at South Hadley Chap, 157. 
Falls, on Connecticut River. 1793 ch. 71. 

Sect. 1. BE it enacted by the Senate and House of Representa- (^' ^- P-^^^O 
lives, in General Court assembled, and by the authority of the same. 
That no person or persons, at any time hereafter, shall take 
any salmon or shad, within one mile and a half of any part of 
the dam in Connecticut river, near the canal at South Hadley, 
with any net, seine, pot, scoop-net, or any other instrument or 
machine whatever : And if any person or persons, shall take pines. 
or catch any salmon or shad, contrary to the true intent and 
meaning of this Act, each person so offending, shall, for every 
such offence, forfeit and pay a fine of twenty dollars. 

Sect. 2. Be it further enacted, That all nei^, seines, and other 
instruments, or machines, used in taking' salmon or shad as 
afore'said, shall be, and hereby are forfeited to any person or ^":'"" ^°^'- 
persons, who shall prosecute for the same, with costs of suit, to 
his or their own use^ upon comn' lint or information to any Jus- 
tice of the Peace, in and for either of the counties of Hamp- 



238 



1817. 



Chap. 157— -159. 



Fines may be 
suei for. 



Chap. 1.58. 

1812 ch. 39. 



Amount of in- 
crease. 



Time of pay- 
ment. 



Provis*. 



Chap. 159. 



Persons incor- 
porated. 



shire or Hampden ; who may thereupon issue his warrant t* 
seize the same, to be kept until trial of the said complaint or 
information, which fhesaid justices are hereby fully authorized 
to hear and determine. 

Skct. 3. Be it further enacted. That all sums of money, forfeited, 
by any breach of this Act, shall, and may be sued for and recover- 
ed by action or information, with costs of suit, before any .Tu'^tice 
of the Peace within the counties of Hampshire or Himpden; 
and one half of such fine shall enure to him or ;hcm, who shall 
sue or prosecute for the same ; and the other half thereof, for 
the use of the county in which said action or information shall 
be prosecuted : And any person or persons, agi^rieved at the 
sentence of any Justice of the Peice, given in pur-^uanceof this 
Act, may appeal therefrom to the next Circuit Court of Com- 
mon Pleas, to be holden in the county in which judgment may 
he rendered. [Feb. 20, 1318.] 

An Act authorizing; tlip PiPpiHent, DiiPCtors and Company of the Phcenix Bank, 
to increase the amount of their Cnpital Stock. 

Sect. 1. BE it enacted by thf Senate and House of Representa- 
tivrft, in Generaf Court assembled, and by the aicthorily of the same^ 
That the President, Directors and Company of the Phoenix 
Bank, be, and they are hereby allowed to increase the capital 
stock of said bank, one hundred thousand dollars, in addition 
to the sum allowed by their Act of incorporation : the said ad- 
ditional sum to be "subject to the same rules, restrictions, and 
limitations, as are stated in the original Act, to which this is in 
addition : And the stockholders of said bank, for the time be- 
ing, shall have a prior ri2;ht to subscribe said sum, in propor- 
tion to the several shares held by them respectively, at the time 
of said subscription. 

Sect. 2. Be it further enacted. That fifty thousand dollars of 
the above named additional sum shall be paid into the said 
bank, in ninety days after the passing of this Act, and the re- 
maining sum of fifty thousand dollars, on or before the first 
Monday of October next : Provided nevertheless, that before the 
said corporation shall proceed to do business upon the said ad- 
ditional capital, a certificate, signed by the president and direc- 
tors, and attested by the cashier, that the same has actually 
been paid into said bank, in gold or silver coin, shall be filed 
in the office of the secretary of this Commonwealth. [Feb. 20, 
1818.] 

An Act to incorporate the Hydraulic Machine Company. 
Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Isaac Hull, William Payne, John Binney, Joseph Hall, 
junior, Edward Renouf, and Samuel Bridge, with such others 
as now are, or may be hereafter associated with them, their 
successors or assigns, be, and they hereby are constituted a 
corporation, by the name of the Hydraulic Machine Company, 
for the purpose of manufacturing Baker's Patent Eliptic Valve 
Boxes ; and for such purpose shall have all the powers and 
privileges, and be subject to all the duties and requirements 



1817. Chap. 159—160. 239 

contained in an Act, entitled " An Act defining the general pow- (I808ch.6«.) 
ers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted^ That tiie said corporation may 
be liuvfully seized and possessed of such real estate, not ^^- ^nJ^^lLnli 
ceeding the value of fifty thousand dollars, and such personal estate, 
estate, not exceeding one hundred thousand dollars, as may be 
necessary for the purposes aforesaid. [Fth. 20, 1818.] 

An Act to incorpoiate the First Universal Society in Attleborough. ChuVm 160. 

Sect. 1. BE it enacted hy the Senate ayid House of Representa- 
tives^ in General Court assembLd^ and by the authority of the same, 
That Samuel Newell, John Titus, James Bott, George W. Ro- Persons incor- 
binson, William S. Robinson, Joseph A. Richards, Richard porateil. 
Robinson, James Holmes, Lemuel Fuller, Obed Robinson, Ja- 
bez Newell, Ebenezer Robinson, Manning Richards, Stephen 
Richardson, junior, Ira Richards, Avery Gilmore,Otis Robinson, 
James Robinson, Daniel Richardson, junior, Eliphalet Wil- 
marfh, William George, James Draper, Milton Ho'mes, Jere- 
miah Ingrahnm, Elkanah Miller, Daniel Richardson, 4th, John 
Draper, junior, John Draper, Nathaniel Allen, Otis Ingraham, 
Levi Maxey, Charles Day, Ebenezer Bolkam, Thomas Coop- 
er, Thomas Starks. Samuel Sanford, Samuel Newell, junior, 
Jabez Newell, 2d, Dririus Briggs, Thomas Stanley, Obed Ro- 
binson, George Ellis, Paul Draper, Jeremiah Pierce, Jesse Stan- 
ley, Stmuel Cushman, junior, Asa Allen, William H. Earl, Je- 
remiah Ingraham, junior, Milton Barrows, Samuel Draper, 
George Bacon. Dan Carpenter, James Jackson, junior, Stephen 
Brings, and William W. Pike, with their polls and estates, to- 
gether with such other fievsons as may hereafter associate with 
them, be, and they are hereby incorporated and made a body 
poliiic and religious society, by the name of the First Univer- 
saiist Society in Attleborough; and by that name, may sue and 
be t-ued ; and shall be invested with all the powers and immu- Powers and 
nities, to which other religious societies are entitled by the con- •'"™""'''^s* 
stitution and laws of this Commonwealth, for religious purposes 
only. And the said society shall be capable in law to purchase 
and hold estate, real and personal ; provided the annual income 
thereof, shall not exceed, at any one time, the value of three 
thousand dollars. 

Sect. 2. Be it further enacted^ That the said society be, and 
they are hereby authorized and empowered to raise by assess- Tax on pews 
ment on the pews and seats which may be made and built in 
an)'^ house, that may be hereafter erected by them, all such 
sum or sums of money, for the settlement and maintenance of 
a minister or ministers, repairing said house, and other expen- 
ses of public worship, with such incidental charges, as they 
shall agree on, at any legal meeting called for that purpose ; 
and the same may assess or cause to be assessed, upon such 
pews or seats, as the proprietors or members as aforesaid, at 
cny such meeting, shall deem proper, according to the respec- 
tive valuation made thereof, and recorded in the proprietors'* 
books ; and the sums, so assessed, shall be paid by the proprie- 
tors of such pews or seats : And if any proprietor shall neglect 



240 1817. Chap. 160—162. 

to pay such assessment, which shall have been legally made, 
for the spMce of one year, the treasurer of said society shall lie 
aufhorized and empowered to sell all the estate and intercbt of 
such delinquent proprietor, in said corporation, at public auc- 
tion ; first giving notice thereof, thirty days at least, previous 
to ffie sde, by pos'ing up notifications at the door of said house; 
and upon such sale, to execute good and sufficient deed or deeds 
thereof; and after deducting said delinquent's assessment, with 
incidcnial charges, the treasurer shall pay the overplus, if any 
there be, to such delinquent proprietor. 

Sect. 3. Be it further enacted, That said society may have 
By-laws. power to Order and establish such regulations, rules, and by- 

laws, for their government, and for the management of their 
concerns, as they may see fit ; provided the same are not re- 
pugnant to the laws of this Commonwealth. 

Sect. 4. /;c it further enacted. That any Justice of the Peice 
in the county of Bristol be, and hereby is authorized to issue 
his warrant to any member of said society, to notify and warn 
mee ing. ^jj ^^^ members thereof, to meet and assemble at such time and 
place as he shall therein appoint ; and when so met and assem- 
bled, to organize the societ}', by choosing a clerk, and all such 
other officers, as other similar societies may elect : and the an- 
nual meeting of said society, shall always be in the month of 
March. [Fe6. 20, 1818.] 

C/h(tp» 162» An Act to prevent the destruction of Shad and Alewives in the South River, so 
called, in tlie town of Marshfiekl. 

Sect. 1 . BE it enacted by the Senate and Hnuf:e of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the inhabitants of the town of Marshfield. at their meeting 
for the choice of town officers, in March or April, annually, be, 
and they are hereby authorized and empowered to appoint 
Committee of three or more persons a committee to superintend the taking of 
since?"'^" " s^ad and alewives, at such places and on such days, as said 
inhabitants at said meeting shall direct; which committee shall 
dispose of said fish, as said town shall order, and shall be al- 
lowed such compensation for all their said services, as said 
, town shall think just and reasonable ; and shall settle their ac- 

counts annually with the selectmen of said town, and pay the 
balance into their hands for the use of said town. 

Sect. 2. Be it further enacted, That the said committee, or 
the major part of them be, and they arehereby authorized and 
empowered to cause to be made and kept open, sufficient sluice 
Sluice-ways to ways, at proper times, for the passage of said fish up and down 
be kept open. ^^.^^ i-Jver, through, round or over atl dams for mills or other 
water works, which now are, or shall be hereafter made over 
said river in said town ; and if any person or persons shall ob- 
struct or impede the passage ways, allowed or authorized by 
said committee, or a major part of them, for the passage of said 
fish up and down said river, or shall, by any means whatsoev- 
er, hinder the said fish from passing up and down said river, 
otherwise than is directed by this Act, such person or persons, 



1817. Chap. 162—16.3. 241 

so offending, shall forfeit and pay for every such offence, a sum Penalties, 
not exceeding one hundred dollars, nor less than fitly dollars. 

Sect. 3. Be it further enacted, Thai if any person or persons, 
other than the said committee, or such person or persons as 
shall be by them employed or permitied, shall take any of the 
said fish in said river, or any stream that belongs to it, at any 
time, or by any means whatever, each person, so offending, 
shall forfeit and pay a sum not exceeding ten dollars, nor less 
than five dollars, for every such offence. 

Sect. 4. Be it further enacted, That all penalties incurred by 
any breach of the provisions of this Act. shall be sued for and 
recovered by the treasurer of said town of Marshfield, for the Fines, 
time being, in any court in the county of Plymouth, proper to 
try the same; and all sums of money so recovered, shall be 
appropriated to the use of said town ; and in case any minor or 
minors shall offend against any part of said Act, and thereby 
incur any or either of the penalties of this Act, in all such ca- 
ses, the parents, masters or guardians of such minors respec- 
tively, shall be answerable therefor; and incase of any prose- 
cution of such minor or minors, for any of the aforesaid offen- Parents and 

ces, the action shall be commenced asrainst the parent, master, ^I'^'^'^'t^* r *^' 
' ,. , , . . • 1 1 • 1 countable for 

or guardian ot such mmor or minors respectively, and judgment minors. 

shall be rendered against them, in such case, in the same man- 
ner as for his or their personal ofi'ence. [^Feb. 20, 1818.] 

An Act to incorporate the President, Directors and Company of the Agricultural Chap, 163. 
Bank. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Conrt assembled, and by the aidhority of the same, 
That Nathan Willis, Joseph Shearer, David Campbell, John B. . 

Root, Thomas Gold, Theodore Hinsdale, junior, Lemuel Pom- porated. 
roy, Henry C. Brown, Samuel D. Colt, Josiah Bissell, Jona- 
than Allen, Timothy Childs, Henry H. Childs, and Phineas 
Allen, 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 Agricultural 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, de- Powers and 
fend and be defended in any courts of record, or in any other privileges. 
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 ne- 
cessary and convenient f^j- the government of the said corpo- 
ration, and the prudent management of their affairs; provided proviso, 
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. 

Sect. 2. Be it further enacted, That the capital stock of the Capital stock, 
said corporation shall consist of the sum of one hundred thou- 
sand dollars, in gold and silver, divided into shares of one hun' 

V0T-. V. 31 



242 1817. Chap. 163. 

dred dollars each, which shall be paid in at three instalments : 
(Time enlarged the OOP half part of Said capital stock to be paid in on ihe firsv 
1818 ch. 30.) (3ay of June next, the one fourth part thereof, to be paid in on 
the first day of November next, and the remaining fourth part 
thereof, to be paid in on the first day of March, which will be 
in the year of our Lord one thousand eight hundred and nine- 
Proviso teen, and as much sooner as the stockholders shall direct : Pro- 
vided no stockholder shall be allowed to borrow at said bank, 
until he shall have paid in his full proportion of said instal- 
ments. And the stockholders, at their first meeting, shall, by 
a majority of votes, determine the mode of transferring and dis- 
posing of said stock and the profits thereof, which being enter- 
ed in the books of said corporation, shall be })inding on the 
stockholders, their successors and assigns. And the said cor- 
May hold real poration are hereby made capable in law to have, hold, pur- 
estate, chase, receive, possess 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 eflfects, by discounting on banking 
principles, on such security as they shall think adviseable : 
Proviso. 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, ihai no money shall be loaned, or dis- 
counts made, nor shall any bills or promissory notes be issued 
from said bank, until the capital subscribed, and actually paid 
in, and existing in gold and silver in their vaults, shall amount 
to fifty thousand dollars. 

Sect. 3. Be it further enacted. That the rules, reservations, 
Rules binding, restrictions, limitations, and provisions, which are provided in 
and by the third section of an Act, entitled "An Act to incor- 
^ ci. .; pQpj^^g ii^Q President, Directors and Company of the State 
Bank," shall be binding on the bank hereby established : Pro- 
vided onlij, that the bond required to be given by the cashier, 
shall be in the penalty of ten thousand dollars, and that the 
Number of di- number of directors, to be annually chosen, shall be five, and 
rectors. three may constitute a qv.orum for transaction of business: .'Ind 

provided also, that the amount of bills at any one time issued by 
said bank, shall not exceed fifty per cent, beyond their capital 
stock actually paid in. 

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

Sect. 5. Be it further enacted, That any Committee spe- 
■ ■, ■ , cially appointed by the Legislature for that purpose, shall have 
amination. 3 right to examine into the doings of said corporation, and 
shall have free access to all their books and vaults; and if up- 
on such examination it shall be found, and after a full hearing 
of the corpoi'ation thereon, lie determined hy 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 lorfeited and void. 



lan. Chap. 163. 24^3 

Sect. 6. Be it further enacted, That the persons herein be- Fhit meeting. 
fore named, or any three of them, are authorized to call a 
meeting of the members and stockholders of said corporation, 
as soon as may be, at such time and place as they may see fit, 
(by advertising the same for throe weeks successively in the 
Pittsfield Sun, printed at Piltsfield,) for the purpose of making, 
©rdaiimig and establishing such by-laws, ordinances and regu- 
lations, 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. 

Sect. 7. Be it further enacted, That it shall be the duty Semi-annual 
of the Directors of said bank, to transmit to the Governor and statements. 
Council of this Commonwealth, for the time being, once in six 
months at least, and as much oftener as they may require, ac- 
curate and just statements of the amount of the capital stock of 
said corporation, and of the debts due the same, of the monies 
deposited therein, and of the notes in circulation, and of the 
gold and silver, and copper coin, and the bills of other banks 
on hand ; which statement shall be signed by the Direciors, 
and attested by the Cashier, and shall be verified by oath, or 
affirmation before some person compe'tent to administer the 
same. 

Sect. 8. Be it further enacted, That the said corporation Original 
shall be liable to pay to any bona fide holder, the original ^n^o^ni of ai- 

* c . c • 1 i_ 1 . r -x 1 1 1 • tered notes to 

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

Sect. 9. Be it further enacted. That the said corporation. State tax. 
from and after the first day of June next, shall pay by way of 
tax, to the Treasurer of this Commonwealth, for the use of the 
same, within ten days, after each semi-annual dividend, the 
half of one per cent, on tlie amount of the original stock, which 
shall, at the time of the said dividend, have been actually paid 
in : Provided however, that the same tax, payable in manner Proviso, 
aforesaid, shall be required by the Legislature, of all banks 
that shall be hereafter incorporated within this Commonwealth : 
And provided further, that nothing herein shall be construed to 
impair the right of the Legislature to lay a tax upon any bank 
already incorporated under the authority of this Common- 
wealth, whenever they may see fit so to do. 

Sect. 10. Be it further enacted. That one tenth part of the Appropriation 
funds of said bank, shall always be appropriated to loans, to be of funds, 
made to citizens of this Commonwealth, and wherein the Di- 
rectors 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 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, 
and subject to such forfeitures and rights of redemption, as is 
hy law prescribed in other cases. 



244 



1817. 



Chap. 163—168, 



State Loans, 



State may own 
stock. 



Chap. 168. 



Persons incor- 
porated. 



Powers and 
privileges. 



Proviso. 



May sue and 
be sued. 



Sect. 11. Be it further enacted, That whenever the Legis' 
lature shall require it, the said corporation shall loan to the 
Commonwealth, any sum of money, not exceeding ten per 
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 exceedino; five per 
centum per annum : Provided however, that the Commonwealth 
shall never, at any one time, stand indebted to the said corpo- 
ration, without their consent, for a larger sum than twenty per 
centum of the capital stock actually paid in. 

Sect. 12. Be it further enacted, That the Commonwealth 
shall have a right, whenever tfie Legislature shall make pro- 
vision by law, to subscribe, on account of the Commonwealth, 
a sum, not exceeding thirty thousand dolhirs, to be added to 
the capital stock of said company, subject to such rules, re- 
gulations, and provisions, as shall be by the Legislature made 
and established, as to the management thereof. [Feb. 20, 
1818.] Add. act— 1818 ch. 30. 

An Act to establish The Worcester Agricultural Society. 

Sect. 1. BE it enacted by the Senate and House of Repre- 
sentatives, in General Court assembled, and by the authority of the 
same. That Daniel Waldo, Oliver Crosby, Thomas Howard 
Blood, James Humphries, Stephen P. Gardner, Bezaleel Law- 
rence, John Thurston, Samuel Read, Simeon Draper, Seth 
Field, David Rice, Abraham Lincoln, and Samuel 'Sawyer, to- 
gether with such others as may hereafter associate with them 
and their successors, be, and they are hereby made a corpo- 
ration, by the name of the ^Vorcester Agricultural Society, for 
the promotion of agriculture, the mechanic arts, and manufac- 
tures ; and for this purpose shall have the same powers and 
privileges, and shall also be subject to the like duties and re- 
strictions, as other incorporated agricultural societies within 
this Commonwealth : And the said corporation are hereby de- 
clared and made capable in law to purchase and hold in fee 
simple, or any estate of a difiercnt tenure, whether by purchase, 
devise or otherwise, any lands, tenements, or other estate, real 
or personal ; provided, that the annual income of the real es- 
tate, shall not exceed the value of five thousand dollars, and 
the personal estate shall not exceed the value of three thousand 
dollars ; and the said corporation may also sell, alien or dispose 
of the same estate, real and personal, but not to use the same 
in trade or commerce. 

Sfxt. 2. Be it further enacted. That the said corporation 
shall have power to keep and use a common seal, subject to al- 
teration at their pleasure; and the said corporation is hereby 
made capable in law to sue and be sued, to plead and be im- 
pleaded, and to act and do any matters and things in Courts of 
law, whether of record or otherwise, and in all places whatso- 
ever, and in all actions, real, personal or mixed, and generally 
all such other matters as may appertain to them as a corpora- 
tion : And the said corporation raay also make, declare and 



1817. Chap. 168—171. 245 

put in execution, all such laws and resjulations as may he ne- 
cesstry to the well being and government of the said society ; 
provided the same shall not be contrary to the constiiution and Proviso. 
laws of this Commonwealth. And for the well governing the 
said corporation, they shall have power to elect and appoint 
such officers as they may think needful and proper: and nil ^j|^"g''jg°' 
officers, which nviy be legally appointed, in pursuance of the 
laws and regulations of the said corporation, for the purposes 
aforesaid, are hereby empowered to exercise such power, and 
discharge all such duties as shall be provided for in the said 
laws and regulations. And the said corporation ni;iy, from 
time to time, admit persons to become members thereof, as 
shall be provided for in their regulations. 

Sect. 3. Be it further enacted^ That upon application to First meeting, 
any Justice of the Peace for the coilnty of Worcester, he is 
hereby empowered to issue a warrant, directed to <jne of the 
persons herein before named, requiring him to notify and warn 
the first meeting of the said society, for the choice of the offi- 
cers of said corporation ; and being duly organized, they may, 
at the same or any future meeting, agree upon and adopt the 
mode and means of notifying and holding future meetings; and 
a fair record of all their doings shall be recorded in a book or 
books, for that purpose to be provided and kept. [Fe6. 23, 
1818.] 

An Act to secure the town of Boston from damage by Fire. yjtlCtp. 1 71» 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled^ and by the authority of the same^ 
That from and after the passing of this act, no house or build- Houses of wood 
ing of any kind whatsoever, which shall be more than ten feet "e°n feeu"^'^ 
high, from the ground to the highest point in the roof thereof, iieigin. 
shall be erected or built within the town of Boston, 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 (See 1821 cii, 

doors and windows; and unless the roofs of all such houses or TqL, ', ic \ 
I -1 1- 1111-1 1-11 -1 • *^2* "^- i^O 

buiklmgs shall be entirely covered with slate, tile, or some in- 
combustible composition, and the gutters secured eflectualiy 
against fire ; and no brick or stone wall shall be deemed sulH- 
cient, within the meaning of this act, unless the same shall be 
at least twelve inches thick in the lower story, and eight in- 
ches thick above the lower story; and all additions which shall 
be made to houses or buildings already erected, and all houses 
or buildings which shall be erected on old foundations, in part 
or in whole, shall be deemed and considered within the re- 
strictions and regulations of this act : Provided neverthekss, that Proviso. 
upon any whart^ marsh, or other place, where no sufficient 
foundation can be obtained, without unreasonable expense, on 
permission of the Firewards of said town, or the major part of 
them, in writing, wooden houses or buildings, of not more than 
two stories high, maj"- be erected, which sh^ll be covered on all 
sides with slate, tile, or lime mortar, and filled in with bricks 
laid in mortar, and the roofs and gutters shall be secured as 
before directed. 



246 



1817. 



Chap. 171. 



Partitions. 



Penalties. 



Removal and 
occupation of 
houses. 



Repairs by 
permission of 
Firevvards. 



Fines and pe- 
nalties. 



Sect. 2. Be it further enacted^ That in all cases where 
one dwelling house, ware house, store, mill, stable or other 
building, above ten feet high, is separated from another dwel- 
ling house, or ware house, or store, or mill, or stable, or other 
building, above ten feet high, by a partition, such partition 
shall be built of stone or brick, and shall be twelve inches 
thick in the lower story, and eight inches thick above the lower 
story, and shall be built up as far as may be necessary in or- 
der to cover or cap the same with flat stones above the roof; 
and such wall shall be entirely covered or capped with flat 
stones, at least two inches in thickness above the roof; and 
every person offending against this section, shall forfeit and 
pay a sum not exceeding one hundred dollars, nor less than 
fifty dollars. 

Sect. 3. Be it further enacted, That no wooden building 
more than ten feet high shall be removed from any part of the 
town of Boston, to any other place within the same town, with- 
out the permission of the Firewards of said town, or the major 
part of them, under such restrictions and provisions as they 
shall prescribe; nor shall any wooden building heretofore 
erected within the said town, and not now used as a dwelling 
house, be hereafter occupied as a dwelling house, or for any 
other purpose than that 40 which it is now applied, without the 
permission of the Firewards, as aforesaid. 

Sect. 4. Be it further enacted, That every person who 
shall erect or add to, or cause to be erected or added to, any 
building in said town of Boston, contrary to the true intent and 
meaning of this act, and every person owning such building so 
unlawfully erected, and any person who shall remove or alter, 
or cause to be removed or altered, any building as aforesaid, 
and every person who shall hereafter use and occupy as and 
for a dwelling house, any wooden building, heretofore erected 
within the said town, and not now used or intended for a dwel- 
ling house, or shall convert the same to any other purpose 
than that to which it is now applied, without permission first 
had and obtained from the Firewards of said town, or the ma- 
jor part of them ; every person, in either wise so offending, shall 
forfeit and pay a fine not less than fifty dollars, nor more than 
five hundred dollars, according to the nature and aggravation 
of the offence. 

Sect. 5. Be it further enacted, That in addition to the fines 
above mentioned, there shall be laid and assessed upon every 
house or other building which shall be erected contrary to the 
true intent and meaning of this act, the sum of fifty dollars an- 
nually, and every year, until such building or addition thereto 
shall be effectually secured against fire, and made to conform 
to the provisions of this act. And it shall be the duty of the 
Firewards of the said town of Boston, to return to the Asses- 
sors of said town annually, a list of all such houses or other 
buildings erected contrary to the provisions of this act, together 
with attested copies of the record of the conviction of any per- 
son or persons for such offence ; and thereupon it shall be the 
duty of the said Assessors, to assess upon the owner or owners 



lin'7. Chap. 171. 247 

of the said building or buildings, the sum of fifty dollars for 
each and every successive year thereafter, until said house or 
building shall be made conformable to the provisions of ihis 
act, which sum shall be payable by the person or persons by 
whom said house or building shall be owni>d, and shall be col- 
lected in the same manner as other taxes are collected : Pro- 
vided nevertheless, that no such house or building shall be sub- Pi^oviso. 
jected to such annual tax, until an attested copy of said convic- 
tion shall have beei duly recorded in the office of the Regis- 
ter of Deeds for the county ol Suffolk, whose duty it shall be 
to receive and record the same. 

Sect. 6. Be it further enacted, That if any person or per- No cocoa to be 
sons shall, within the said town of Boston, roast or cause to be ou^t^Ycens'e. " 
roasted, any cocoa, for the purpose of manufacturing the same 
into chocolate, in any building whatever, excepting such as may 
or shall be licensed for that purpose, by the major pnrt of the 
Firevvards of the town aforesaid, he, she or they, shall forfeit 
and pay, for every such offence, a sum not exceeding five hun- 
dred dollars, nor less than two hundred dollars. 

Sect. 7. Be it further enacted, That all houses or buildings 
within the said town of Boston, which have been or which shall 
hereafter be erected in the manner described in this act, and 
which are now, or which may hereafter be covered with slate, 
tile, or other incombustible composition, shall continue to be so 
covered with slate, tile, or other incombustible composition, Covenngof 
and shall be kept effectually secured against fire, in manner 
as is herein before described. And if any person or persons, 
being owner or proprietor of any house or other building, or 
having authority, or whose duty it shall be to repair the same, 
shall hereafter suffer his, her or their house or other building 
to remain in whole or in part uncovered with slate, tile, or other 
incombustible composition, for the space of thirty days after 
he, she or they shall have been notified to repair or cover the 
same, by the Firewards of the town of Boston, he, she or they 
shall forfeit and pay for such offence a sum, not exceeiling one 
hundred dollars, nor less than twenty dollars, and shall be sub- 
ject to a like fine for every thirty days afterwards, that such 
house or building shall be by him, her or them suffered to re- 
main so uncovered, in the manner required by this act. 

Sect. 8. Be it further enacted, 7'hat whenever any house or Penalties for 
other building within the said town of Boston, hereafter erected, n^'^iect of re- 
shall be found to have been erected contrary to the provisions ^'^"^' 
of this act, the owner or owners of such house or building, or 
other person lawfully holden to keep the same in repair, shall 
be held and required to alter and make such house or building 
to conform to the provisions of this act. And any person or ' 

persons as aforesaid, who shall suffer his, her or their house or 
other building to be and remain not conformable to the pro- 
visions of this act, for the space of thirty days, after he, she or 
they shall have been notified by the Firewards of the said town 
thereof, shall forfeit and pay for such offence, a sum not ex- 
ceeding one hundred dollars, nor less than twenty dollars, and 
shall be subject to a like fine for every thirtv davs afterwards. 



248 1B17. Chap. 171. 

that such house or building shall be by him, her or them suf- 
fered to remain out of repair, and exposed to fire as aforesaid, 
and not cont'ormablc to the provisions of this act. 
Tar kettles to Sect. 9. Be it further enacted^ That every tar kettle, which 
be secured. shall be made use of in said town, for the purpose of boiling 
tar, for the use of any rope walk, and every kettle, boiler or 
copper, for the use of any caulker, graver, ship carpenter, tal- 
low chandler, soap boiler, painter, or other like artificer, shall 
be so fixed as to prevent all communication whatsoever be- 
tween the contents of surh kettle, boiler or copf)er, and the 
fire, and that the fire place under every such tar or other ket- 
tle, boiler or copper, shall be constructed with an arch built 
over the same and secured by an iron door, in such manner as 
to enclose the fire therein; and every person who shall erect 
any tar kettle or other kettle, boiler or copper, or use the same 
for any or cither of the purposes aforesaid, contrary to the pro- 
visions of this act, shall for every such offence, forfeit and pay 
a sum not exceeding three hundred dollars, nor less than 
fifty dollars, according to the degree and aggravation of the 
same. 
Penalty for Sect. 10. Be it further enacted, That every person who 

the streets^ '" ^^^'^ carry any fire through the streets, lanes, or on any 
wharves in said town, except in some covered vessel, or who 
shall kindle a fire in any of the places aforesaid, without the 
permission therefor in writing, of one or more of the Firewards 
of said town, or shall smoke, or have in his or her possession, 
any lighted pipe or cigar, in any street, lane or passage way, or 
on any wharf in said town, shall forfeit and pay, for each and 
every otfcnce, the sum of two dollars, to be recovered of the 
person so offending, or of his parent, guardian, master or mis- 
tress. 
Penalty for Sect. 11. Be it further enacted, That if any person shall 

exposing, fire have in his or her possession, in any rope walk, or in any barn 
ains, c. ^^ stable, within said town, any fire, lighted pipe or cigar, light- 
ed candle or lamp, except such candle or lamp is kept in a se- 
cure lantern, the person so oftending, shall forfeit and pay for 
each offence, a sum not exceeding one hundred dollars, nor 
less than twenty dollars. 
Recovery of Sect. 12. Be it further enacted, That all and any of the 

Fines. penalties which are given in and by this act, or in and by a 

certain act, made and passed the fifteenth day of June, in the 
year of our Lord one thousand eight hundred and sixteen, en- 
titled, " An Act regulating the storage, safe keeping, and trans- 
portation of gunpowder in the town of Boston,'' may be re- 
covered by indictment, information, or complaint, in any Court 
proper to try the same ; and in such indictment, information, or 
complaint, it shall not be necessary to set forth any more of 
said acts, than so much thereof as relates to and is necessary, 
truly and substantially to describe the offence alleged to have 
been committed. And it shall be the duty of each and every 
Fireward in the town of Boston, and they and each of them 
are hereby required to inquire after all offences which shall 
come to their knowledge, and which shall be committed against 



1817. Chap. 171—178. 249 

the true intent and meaning of this act, and shall cause the same 
to be duly prosecuted. 

Sect. 13. Be it further enacted. That it shall be lawful for Duties and au. 
any one or more of the Firewards of said town, to require and Fke Wards, 
compel the assistance of all or any of the inhabitants of said 
town, and any other persons, who shall be present as specta- 
tors of any fire ; and in any suit or prosecution therefor, it 
shall be lawful for them to plead the general issue, and give 
this act in evidence; and if any person shall disobey the law- 
ful and reasonable command of any Fireward or Firewards, to 
aid in extinguishing such fire, or in rescuing properly from de- 
struction thereby, such person, so offending, shall be liable to 
a fine not exceeding twenty dollars, to be recovered in manner 
aforesaid. 

Sect. 14. Be it further enacted, That all acts heretofore Repeal of forv 
passed to secure the town of Boston from damage by fire, be, ""^"^ ^"^* 
and the same are hereby repealed, excepting that such parts 
thereof as may he necessary to recover all fines and penalties, 
incurred upon the acts aforesaid, shall still remain in full force 
for that purpose. 

Sect. 15. Be it further enacted. That all the fines, penal- Distribution of 
ties and assessments, which shall be recovered by force of this F'"^^- 
act, shall accrue and enure, one half to the use of the poor of 
the town of Boston, to be paid to the Overseers of the Poor 
thereof, and the other half to the Firewards of said town : Pro- 
vided howfver, that whenever in the trial of any prosecution un- 
der this act, any one or more of the said Firewards shall be 
sworn and examined as a witness, or as witnesses therein, re- 
cord thereof shall be made in Court, and the whole fine or 
penalty, in such case, shall enure to the use of the poor of the 
town of Boston, and be paid to the Overseers of the Poor there- 
of as aforesaid. [Feb. 23, 1818.] Partially altered by 1821 
ch, 26. 31 : 1822 ch. 16. 

An Act to incorporate tlie Eagle Manufacturing Company, in the town of Wren- C/jfljO. 1 78. 
tham. ^ 

Sect. 1. BE it enacted by the Senate and Hmise of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That JonathanAdams,Josiah J.Fiske,HenryFiske,AdamsFoster, Persons incor- 
Nathaniei Thayer, and Davis Thayer, together with such others P°''^*^''* 
as may hereafter associate with them, their successors or assigns, 
be, and they are made a corporation, by the name of the Eagle 
Manufacturing Company, for the purpose of manufacturing 
cotton yarn and cloth, in the town of Wrentham, in (he county 
of Norfolk ; and for this purpose shall have all the powers and Powers and 
privileges, and shall be subject to all the duties and require- P^^ileges. 
ments, prescribed and contained in an act, passed the third day 
of March, in the year of our Lord one thousand eight hundred 
and nine, entitled, " An Act defining the general powers and (1808 ch. 65.) 
duties of Manufacturing Corporations;" and also an acl in ad- 
dition to said act, passed at the present session of this General 
Court. 

Sect. 2. Be it further enacted, That the said Eagle Com- May hold rea*. 
pany, in their corporate capacity, may lawfully hold and pos- "Latr""*^ 

VOL, V. 32 ^ 



250 



1817. 



Chap. 178—180. 



sess such real nnd persoaal estate as may be necessary and 
convenient for carrying on the said manufacture 5 provided, the 
vakie of such real estate shall not exceed fifty thousand dollars, 
and the value of such personal estate shall not exceed one hun- 
dred thousand dollars. [Ffi/;. 24, 1818.] 

(Jhcip» 180. An Act to incoiporate The Massachusetts Hospital Life Insurance Company. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Ebenezer Francis, David Hinckley, Thomas Morton 
Jones, Samuel Parkman. James Perkins, Thomas H. Perkins^ 
William Prescott, John Phillips, Josiah Quincy, and their asso- 
ciates, are hereby created a body politic and corporate, by the 
name and style of the Massachusetts Hospital Life Insurance 
Company ; and shall, by the same name and style, be capable 
of sueing and being sued, and maintaining and defending any 
action to final judgment and execution ; and shall be, in law, 
capable of purchasing, holding, improving and conveying any 
estate, real or personal, for the use of the said corporation ; 
provided they shall not hold real estate beyond the value of 
one hundred" thousand dollars, excepting such as may be taken 
on execution for debt. And the said corporation shall have 
power to ordain and establish, and put in execution, such by- 
laws, ordinances and regulations as shall be necessary for the 
governpient thereof. 

Sect. 2. Be it further enacted, That the capital stock of the 
said corporation shall be five hundred thousand dollars, divid- 
ed into five thousand shares of one hundred dollars each ; and 
the same shall be paid for or satisfied in manner following ; that 
is to say — that each and every subscriber shall, within ten 
days after public notice given by the President and Directors 
chosen by the stockholders, in any two of the papers printed in 
the town of Boston, pay or cause to be paid, to the said Presi- 
dent and Directors, for the use of the said corporation, the sum 
of twenty dollars, in part of each share subscribed for, either 
in specie or in stock of incorporated companies or government 
securities, of the descriptions hereinafter provided, at the option 
of the President and Directors aforesaid ; and the residue of 
the money, payable on each and every share, shall be paid 
to the President and Directors in such sum or sums, and at 
such time or times, as thej^ by public notice, shall, in their dis- 
cretion, direct and appoint. And if any subseriber shall refuse 
or neglect to make the payments aforesaid, he or she shall cease 
to be deemed a subscriber or member of the said corporation, 
and his or her subscription shall be forfeited ; and the shares 
so forfeited, may be sold by the corporation, in such manner 
as they may think proper : Provided hozcever, that in case the 
amount of the said capital stock, actually paid in, shall at any 
time prove insufficient for the payment of the just debts due 
from the said corporation, each original stockholder shall be 
liable for the debts due by the said corporation, to an amount 
not exceeding that part of his original subscription, which shall, 
at such time, remain due and unpaid. And any creditor, who 



Persons in- 
corporated. 



May sue and 
be sued. 



Proviso. 



By-laws, 

Amount of 
Capital. 



Instalments. 



Proviso. 



Debts of Cor- 
poration. 



1817. Chap. 180. 251 

may have obtained an execution against said corporation, may 
have his full remedy against all and every the said stockholders, 
to the amount by them respectively due as aforesaid, in the 
same manner as if, the same had been issued out against them 
personally. 

Sect 3. Be it further enacted, That for the well ordering Number of Di- 
of the affairs of the said corporation, there shall be thirteen "^^°"- 
Directors, a majority of whom, shall be citizens of this Com- 
monwealth, and stockholders of the said corporation, elected 
by the stockholders, at their general meeting, to be held on 
the third Monday of January annually, for that purpose. And Annual nteet- 
the Directors, at their first meeting after such election, shall * * :- 
choose one of their own number as President : The votes of 
the stockholders for Directors, being taken by ballot, each 
stockholder having one vote for each share he may hold; but 
no stockholder shall vote at any election for Directors, unless 
the share or shares, upon which he or she may claim to vote, 
shall have been standing in his or her name, in the books of the 
said corporation, for at least three months previous to such 
election. In case of absence from the general meeting, any 
stocKholder may be entided to vote by proxy. 

Sect. 4. Be it further enacted, That the Directors of the 
said corporation, for the time being, five of whom shall form a 
quorum, shall have power to appoint such ofilcers, clerks. Choice of 
agents and other persons, as shall be necessary for the con- " ''^*^'^' 
ducting and executing the business of the said corporation ; and 
to allow the said persons so appointed, such compensation for 
their services respectively, as they shall deem reasonable ; and 
generally to exercise all other powers and authority for well 
governing and ordering the affairs and funds of the said corpo- 
ration. 

Sect. 5. Be it further enacted. That it may be lawful for Investment of 
the said corporation to invest the capital stock thereof, and all st°<^'^* 
monies received for premiums of insurance, and in any other 
way, in the funded debt of the United States, or of this Com- 
monwealth, or in the stock of the bank of the United States, or 
of any of the banks incorporated within this Commonw^ealth, ' 

or in the purchase of ground rents, oi- mortgages on real estate ; 
and also to sell and dispose of, and transfer all or any of the 
said stock or securities, and in like manner invest the pro- 
ceeds thereof, at their discretion, as the safety or welfare of 
the said corporation, as the President and Directors thereof 
may deem expedient : Provided, that no part of the capital PiO'»»c. 
stock aforesaid, shall be divided without the assent of the Visi- 
tors and Trustees of the Massachusetts General Hospital, as 
well as of the Legislature of this Commonwealth. 

Sect. 6. Be it further enacted, That the President and Di- Insurance on 
rectors shall have full power, on behalf of the said corporation, ''^^^• 
to make insurances on lives, by sea and on land, and to con- 
tract for reversionary payments, and generally to make all 
kinds of contracts, in which the casualties of life and interest 
of money are principally involved ; and to make, execute and 
perfect such and so many contracts, bargains, agreements, po- 
licies, and other instruments, as shall or may be necessary, and 
as the nature of the case shall or may require. 



252 



1817. 



Chap. 180. 



Annual state- 
ment of ac- 
counts. 



Dividends. 



Exclusive pri- 
vileges. 



Shares 
transferable. 



Legislature 
may examine 
records. 



Sect. 7. Be it further enacted, That the President and Di- 
rector-; shall, on the first Monday of January in each year, di- 
rect the books of the said corporation to be balanced and set- 
tled, up to the thirty-first day of the preceding December, and 
submit a copy of its balances to a Committee appointed by the 
Trustees of the Massachusetts General Hospital, who shall 
have power to verify the said balances with the books of the 
said corporation, and generally to inspect them; and on the 
third Monday of January of every year, the President and Di- 
rectors of this corporation shall pay over to the said Trustees, 
for the use of the hospital, one third of the net profits which 
shall have arisen from the insurances on lives, made during; the 
preceding year; and after this deduction, shall declare and 
divide so much of the remaining profits as to them shall appear 
safe and adviseable; and the dividend, so declared, shall be 
paid to the respective stockholders, agreeably to such rules as 
the President and Directors shall make for that purpose: Pro- 
vided that in case the Trustees of the hospital fail to signify to 
this corporation its appointment of a Committee, that then the 
President of this corporation shall invite the President of the 
hospital to inspect the books, and submit to him the list of ba- 
lances, and pay him, for the use of the hospital, the aforesaid 
third of the net profits, which shall have arisen from the insur- 
ance on lives. 

Sect. 8. Be it further enacted^ That so long as this cor- 
portion shall well and truly pay to the General Hospital the 
aforesaid share of profit, it shall not be lawful for any persons 
or corporation within the Commonwealth, to make insurance 
on lives upon land, unless empowered so to do, by any future 
legislature of this Commonwealth. And whenever any per- 
sons or corporation shall hereafter be thus empowered, the ob- 
ligation of this corporation, to pay the Trustees of the General 
Hospital, for the use of said hospital, the third part of the net 
profits, which may thereafter arise on insurance on lives, shall 
cease; unless the same oblisation shall be imposed on such 
persons or corporation thus hereafter empowered. 

Sect. 9. Be it further enacted, That the shares of the 
said corporation shall be assignable and transferable according 
to such rules and regulations as the President and Direc- 
tors shall, for that purpose, ordain and establish, and not other- 
wise. 

Sect. 10. Be it further enacted, That this corporation shall 
not have pov/er to pay over any sums to the heirs of those who 
shall die by the hand of justice, or by suicide, or in conse- 
quence of a duel. 

Sect. 11. Be it further enacted. That it shall be the duty of 
the directors of the corporation hereby created, once in each 
year, to make a full, fair and explicit statement of all their real 
estate, funds and investments of every kind whatever, which 
shall be subscribed and verified by the oath of a majority of 
the directors ; and on or before the tenth day of January, an- 
nually, to deliver the same to the secretary of the Common- 
wealth, who shall cause the same to be laid before ^the gover- 



1817. Chap. 180— 1 BY. 25S 

nor and council. And the general court, or either branch of 
the legislature, shall have power, by their committee, to exa- 
mine the records and doings of the saiil corporation ; and for 
this purpose, shall have access to all their buildings, offices and 
places of business, and to all places of deposit of their files, re- 
cords and proceedings. 

Sect. 12. Be it further enacted, That any two or more per- 
sons, named in this Act of incorporation, may call the first First meeting, 
meeting of the stockholders, at such time and place as they may 
think proper, by advertising the same in any two public news- 
papers, at least ten days previous to the time of meeting ; at 
which meeting, the stockholders may proceed to elect directors, 
and to transact such other business as may come before them. 
[Feb. 24, 1818.] 

An Act to alter and change the Names of certain persons therein mentioned. C^hrin 187 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
from and after the passing of this Act, Calvin Bailey, son of 
Calvin Bailey, of Hanover, in the county of Plymouth, shall be 
allowed to take the name of Bernard Calvin Bailey ; Kdward 
Jenkins, of Scituate, in the same county, shall be allowed to 
take the name of Edward Henry Jenkins; Lory Jones, of 
Greenwich, in the county of Hampshire, shall be allowed to 
take the name of Lorenzo Baldwin Jones ; John Deblois, son 
of Stephen Deblois, of Boston, in the county of Suffolk, shall 
be allowed to take the name of John A. Deblois ; Thomas Smal- 
ley Delano, of the same Boston, shall be allowed to take the 
name of Nathaniel Lewis Nickerson ; Thomas Carter, of New- 
buryport, in the county of Essex, shall be allowed to take the 
name of Thomas Duncan Carter; George Carter, of the same 
place, shall be allowed to take the name of George Duncan 
Carter; Ithamar Beard, junior, of Littleton, in the county of 
Middlesex, shall be allowed to take the name of Ithamar Ames 
Beard ; Pliny Cutler, the 2d, of said Boston, shall be allowed 
to take the name of Henry Pliny Cutler ; John Ward, of said 
Boston, merchant, shall be allowed to take the name of John 
George Ward ; Henry Gray, of said Boston, shall be allowed 
to take the name of Henry D. Gray ; Emery Brigham, of 
Southborough, in the county of Worcester, shall be allowed to 
take the name of Emery dishing Brigham ; Thomas Williams, 
of Boston, aforesaid, shall be allowed to take the name of Tho- 
mas Kendall Williams; Henry Hale Gay, son of Mary Gay, of 
Dedham, in the county of Norfolk, shall be allowed to take the 
name of George Henry Gay ; Larkin Newton, of s:iid South- "~" 

borouo;h. shall be allowed to take the name of Henry Mnrtial 
Pinkney ; Samuel Putnam, junior, of Salem, in the county of 
Essex, shrdl be allowed to take the name of Samuel R. Putnam; 
Washington Thayer, of said Boston, shall be allowed 'o take 
the name of George Washington Thayer; John Parker Mc 
Quillin, of Beverly, in the county of Essex, shall be allowed to 
take the name of John Hills Parker; Thomas R. Amorv, of 
Boston, aforesaid, shall be allowed to take the name of Thomas 



254 1818. Chap. 1 87—5. 

C. Amory ; Job Williams, son of Gideon Williams, of Taunton, 
in Oir county of Bristol, shall be allowed to take the name of 
Francis Job Williams ; Adolphus Frederick Packard, of Sprmg- 
field, in the county of Hampden, shall be allowed to take the 
name of Frederick Adolphus Packard ; Jacob Thompson Wild, 
of Boston, aforesaid, shall be allowed to take the n;ime of James 
Thompson Wild ; John Low, junior, of said Boston, shall be 
allowed to take the name of John Vaughan Low ; Charles Ad- 
ams, of said Boston, shall be allowed to take the name of 
Charles Frederick Adams ; Josiah Troft, of Woolwich, shall be 
allowed to take the name of Josiah Winship Trott ; Nathan 
Foster, of Boston, aforesaid, silk dyer, shall be allowed to take 
the name of Nathan Orris Foster ; Daniel Rogers, junior, of 
Gloucester, in the county of Essex, shall he allowed to take the 
name of Daniel W. Rogers; Harriet Walker, of Boston, afore- 
said, shall be allowed to take the name of Harriet Walker 
Boardman ; Francis Shaw Blake, son of Sarah Blake, of Bos- 
ton, shall be allowed to take the name of Edward Blake ; Lucy 
Ann Bradlee, daughter of Josiah Bradlee, of s:ud Boston, shall 
be allowed to take the name of Lucy Hall Bradloe; Edward 
Augustus Holyoke Turner, shall be allowed to take the name 
of Edward Augustus Holyoke ; and the said several persons 
shall hereafter be called and known by the names, which, by 
this Act, they are severally and respectively allowed to take 
as aforesaid ; and the same shall be considered as their only 
proper and legal names. [Feb. 24, 1818.] 

^r* An Act for the preservation of Bird Island, in Boston Harbour. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this Act, no earth or stones shall 
be taken from the island, called Bird Island, in Boston harbour, 
in the county of Suffolk, without license first had and obtained 
, of the selectmen of the said town of Boston, for that purpose, 

in writing, by the person taking the same, specifying the quan- 
tity allowed to be removed, and the object of removing it. And 
every person, who, without permission obtained as aforesaid, 
.shall remove any earth or stones from the said Island, in any 
boat, or in any ship or vessel whatsoever, shall forfeit and pay 
for each offence, the sum of twenty dollars, to the use of the 
said town, to be recovered by the selectmen of the said town, 
by an action of debt, in any court proper to try the same. 
[Ju7ie 12, 1818.] 

Kjtiap. Ot p^y^ p^Q-g {j, change the Names of the several persons therein mentioned. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this Act, George 3Iayo Edgar, of 
Boston, shall be allowed to take the name of Majo Graves Ed- 
gar ; that John Harris, son of the late Samuel Harris, of Bos- 
ton, shall be allowed to take the name of John Welch Harris ; 
that Daniel Johnson, of Boston, shall be allowed to take the 
name of Daniel Bridges Johnson ; that John Wilkins, of Bos- 



1818. Cha.i>. 5—12. 255 

ton, trader, shall be allowed to take the name of John Fox Wil- 
kins ; th It Robert Breck Williams, son of Thomas Williams, of 
Boston, shall be allowed to take the name of Robert Breck 
Garven Williams; that Daniel Chase Hazeltine. resident in 
Boston, (late of New-Hampshire,) shall be allowed to take the 
name of Daniel Hazeltine Chase, all of the county of Suffolk ; 
that Benjamin Browne, the third, of Salem, apothecary, shall 
be allowed to take the name of Benjamin F. Browne ; that Jo- 
siah Newhall, of Lynn, shall be allowed to take the name of 
Josiah Selkirk Newhall ; that Jonathan Phillips, of said Lynn, 
shall be allowed to take the name of Benjamin Jonathan Phil- 
lips, all of the county of Essex ; that the name of Clementina 
Harrington, of Southbridge be, and hereby is confirmed to her 
the said Clementina ; that Henry Marshall Pinkney, of South- 
borough, shall be allowed to take the nanieof Larkin Newton; 
that Lucius Paige, son of Timothy Paige, Esquire, of Hard- 
wick, shall be allowed to take the name of Lewis Robinson 
Paige, all of the county of Worcester •, that Elijah Hoar, of 
Montague, shalFbe allowed to take the name of Elijah Hanson, 
and that his several minor children shall be allowed to take the 
same name, viz. : Lucretia Hanson, Erastus Gunn Hanson, Mo- 
rilla Hanson, Asahel Gunn Hanson, and Elijah Shaw Hanson; 
that William Hoar, of Deerfield, shall be allowed to take the 
name of William Hanson, and that his several minor children 
shall be allowed to take the same name, viz. : Lucy Hanson, 
Ariel Hanson, Submit Hanson, Flavilla Hanson, John Milton 
Hanson, Caroline Hanson, Melinda Hanson, Persis Hanson. 
and Edwin Hanson ; that John Hoar, of Greenfield, shall be 
allowed to take the name of John Hoar Wheeler ; that John 
Cheney, of Orange, shall be allowed to lake the name of John 
Cheney Hill, all of the county of Franklin; that Eliza Steb- 
bins Snow, of Northampton, in the county of Hampshire, shall 
be allowed to take the name of Eliza Snow Stebbins ; that 
Briggs Sampson, of Duxbury, in the county of Plymouth, shrill 
be allowed to take the name of Henry Briggs Sampson ; that 
Benjamin Sisson, of Westport, in the county of Bristol, shall be 
allowed to take the name of Benjamin Baylies Sisson ; that 
Marsena Graton, of Sandwich, in the county of Barnstable, shall 
be allowed to take the name of Alwin M. Graton; that Ran- 
dolph Codman, of Limerick, in the county of York, shall be al- 
lowed to take the name of Randolph Augustus Lawrence Cod- 
man. And the said several persons shall hereafter be called 
and known by the names, which, by this Act they are several- 
ly and respectively allowed to take as aforesaid, and the same 
shall be considered as their only proper and legal name. [June 
12, 1818.] 

An Act authorizing the town of Charlestovvn to establish a Board of Health. Chttp, 12. 

, Sect. 1. BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of the same, 
That the inhabitants of the town of Charlestown, qualified to 
vote for town officers, may, in the month of March, annually, 
in town meeting assembled, elect, by ballot, seven able and dis- 



256 



1818. 



Chap. 12. 



OrganiEation 
of board. 



General pow 
ers. 



creet persons, being freeholders and residents in said town, to 
First meeting, be a Board of Health, whose duty it shall be, when notified by 
the town clerk, of their election as aforesaid, to meet within six 
days after such notice, and organize themselves by electing a 
president and secretary. The secretary thus chosen, to be 
sworn to the faithful discharge of the duties of said office ; 
which oath shall be entered and subscribed by such secretary, 
on the records of said board, and attested by the person ad- 
ministering the same; and a certificae from the records of said 
board, shall be received and admitted as evidence in all cases 
relating to the proceedings of said board. On the death or re- 
signation of any member of the said Board of Health, such va- 
cancy shall be iilled by election, by ballot, at the next town 
meeting which may be holden after such vacancy exists ; and 
a majority of the board shall be competent to transact any bu- 
siness which the whole board could transact. 

Sect. 2. Be it farther enacted, That the said Boafd of Health 
shall have power, and it is herebj' made their duly, to examine 
into all causes of sickness, nuisances, and sources of filth, that 
may be injurious to the inhabitants of the town of Charlestown, 
which do or may exist within the li. its of said town, or in any 
vessel at any wharf within the limits thereof; and the same to 
destroy, remove, or prevent, as the case may require ; and all 
the expenses attending the same, to be paid by the person or 
persons, who caused such nuisance to exist, if known ; and if 
not known, such expense to be paid hy the town : And in all 
cases, where such nuisance, source of filth, or cause of sickness, 
shall be found on private property, the owner or occupier there- 
of, on being notified by the authority of this board, and order- 
ed to destroy or remove the same, shall forthwith remove or 
destroy such filth or nuisance ; and in case said owner or oc- 
cupier shall refuse or neglect to remove such filth, nuisance, or 
cause of sickness, from his, her, or their property, within the 
time specified by said board, he, she, or they, so offending, shall 
forfeit and pay a fine, of not less than one dollar, nor more than 
one hundred dollars, to be sued for and recovered by said 
Board of Health, in manner hereafter directed. And any two 
memliers of this board may cause the same nuisance to be re- 
moved or destroyed, as the case may require ; and all costs or 
expenses, incurred in removing or destroying the same, shall 
be paid by such owner or occupier, on whose premises, or in 
whose possession such cause of sickness, nuisance, or source of 
filth may be found. And the said board may have power to 
appoint scavengers when necessary, to carry into effect the re- 
quirements of this Act, and the same to remove, and substitute 
others at the pleasure of the board. 

Sect. 3. Be it further enacted. That the said Board of Health 
shall have power to seize, take, and destroy, or to remove to 
any safe place within the limits of the town, or cause the snme 
to be done, any unwholesome and putrid, or tainted meat, fish, 
bread, vegetables, or other articles of the provision kind, or 
liquor, which in their opinion (first consulting some respectable 
physician of the town of Charlestown,) shall be injurious to the 



Seizures. 



1818. Chai>. 12. 257 

health of those who might use them ; and the cost of seizing, 
taking, destroying, or rcmovin;^, shall be paid by the person or 
persons, in whose possession the same unwholesome, putrid or 
tainted article shall or may be found : And whenever said board 
shall think it necessary for the preservation of the lives or iiouses?^^"^ 
health of the inhabitants of said town, to enter forcibly any 
building or vessel, havina; been refused such entry by the own- 
er or occupier thereof, within the limits of the town of Charles- 
town, for the purpose of examining into, destroying, removing 
or preventing any nuisance, source of filth, or cause of sickness 
aforesaid, which said board have reason to believe is contain- 
ed in such building or vessel ; any member of said board, by 
order of said board, may apply to any Justice of the Peace, 
within and for the county of Middlesex, and on oath complain 
and state, on behalf of said board, the facts, as far as said board 
have reason to believe the same, relative to such nuisance, 
source of filth, or cause of sickness aforesaid ; and such justice 
shall thereupon issue his warrant directed to the sheriti'of the 
county of Middlesex, or either of his deputies, or any consta- 
ble of the town of Charlestown, therein requiring them, or eith- 
er of them, taking with them sufficient aid and assistance, and 
also in company with said Board of Health, or any two mem- 
bers of the same, between the hours of sunrise and sunset, to 
repair to the place where such nuisance, source of filth, or 
cause of sickness, complained of as existing as aforesaid, and 
there if found, the same to destroy, remove or prevent, under 
the directions and agreeably to the order of said Board of 
Health, or such members of the same as may be present for 
such purpose : Provided hoxcever, that no sheriff, deputy sheriff, Provisv), 
or constable, shall execute any civil process, either by arrest- 
ing the body, or attaching the goods or chattels of any person 
under colour of any entry made for the purpose aforesaid, un- 
less such service could by law be made without such entry ; 
and all services, so made under cover of such entry, shall be- 
utterly void ; and the officer making such service shall be con- 
sidered a trespasser to all intents ab initio; and in all cases 
where such nuisance, source of filth, or cause of sickness, shall 
be removed as aforesaid, the costs arising in such proceedings Fines. 
shall be paid by the person or persons Avho caused or permit- 
ted the same nuisance, source of filth, or cause of sickness to 
exist, or in whose possession the same may be found. 

Sect. 4. Be it further enacted^ That the said Board of Health 
shall have power to make such rules, orders and regulations i-.^i,iyj_&(.^ 
from time to time, for the preventing, removing or destroying 
of all nuisances, sources of filth and causes of sickness within 
the limits of the town of Charlestown, which they may think 
necessary ; which rules, orders and regulations, after having 
been posted up in three or more public places within the town, 
shall continue in force and be obeyed by all persons until alter- 
ed or repealed by said board, or by the town ; and any person 
or persons who shall disobey or violate any such rules, orders 
or regulations so as aforesaid made, shall se\era!ly forfeit and 
pay for such oftence a sum not less than one dollar, nor more 

VOL. V. 33 



Z^H 



1818. 



Chap. 12-— 13, . 



1797 ch. 16. 
1799 ch. 59. 
Transfer of 
powers. 



Annual state- 
ment of ac- 
counts. 



Fines. 



1816 ch. 44. 



Chap. 13. 



Wardens, 
their authori- 
ty- 



Proviso. 



than fifty dollars, according to the nature and aggravation ol 
such offence. 

Sect. 5. Be it further enacted^ That the powers and duties 
which are given to, or required of the selectmen of the town 
of Charlestown, by a law of this Commonwealth, passed on 
the twenty second day of June, in the year of our Lord one 
thousand seven hundred and ninety seven, entitled •' An act 
to prevent the spreading of contagious sickness," and by the 
several acts in addition thereto, shall be, and they hereby 
are transferred to, and made the duty of the Board of Health 
of the town of Charlestown, from and after the election of 
said board, any thing in the said laws to the contrary not- 
withstanding. And for all expenses, which may arise in the 
execution of their duty, the said board of Health shall be 
authorized to draw upon the town treasurer of the town of 
Charlestown ; and the accounts of said board, including all 
receipts and expenditures of money, shall be examined annu- 
ally, and reported to the town by a committee chosen for that 
purpose; and the same shall be paid by the town treasurer of 
the said town of Charlestown. 

Sect. 6. Be it further enacted, That all fines, forfeitures 
and sums to be paid, arising under any of the provisions of 
this act, shall be prosecuted for, by and in the name of the 
board of health of the town of Charlestown, in the same manner 
within the county of Middlesex, as is pointed out by the 
twelfth section of an act passed on the twentieth day of June, 
one thousand eight hundred and sixteen, entitled " An act to 
empower the town of Boston to choose a board of Health, 
and to prescribe their power and duty for the recovery of all 
fines and forfeitures arising under said act in the county of 
Suffolk :" and all monies, arising by fines, forfeitures or sums 
to be paid under any of the provisions of this act, shall enure 
to the use of the inhabitants of the town of Charlestown, and 
shall be accounted for by said board to the treasurer of said 
to\vn. [June 12, 1818.] 

An Act to regulate the Fislieiy in First Herring Biook, in tlie town of Scituate. 

BE it enacted by the Seriate and House of Rtpresentatives in 
General Court asse7nblcd, and by the authority of the same, That 
the selectmen of the town of Scituate shall be Fish Wardens 
in said town, and shall have authority to open necessary 
and convenient sluice ways through any dam erected on the 
First Herring Brook, so called, in said Scituate, and shall an- 
nually form and publish such regulations respecting the pre- 
servation, and the time and manner of taking alewives in said 
First Herring Brook, with suitable fines and penalties annexed 
to the breach of said regulations as they may judge proper,: 
said fines and penalties to be recovered by action or com- 
plaint in any Court having competent jurisdiction : Provided^ 
said regulations are not inconsistent wMt'h the constitution and 
laws of this Commonwealth : Jnd provided also, that the said 
town of Scituate, at any legal meeting for that purpose, shall 
have power to dispose of the right of fishing in said First Her- 



arsons incoi- 



1818. Chap. 13—14. 2r)9 

ring Brook, according to the regulations aforesaid, to such 

persons, and upon such terms, as they may detci-niine to be 

proper: and all fines and penalties, which may be recovered .„„ . .. 

JT ' ' ' ' I 1,- "^ 1 1 • Appropriation 

!or breaches of this act, shall enure one halt to the complam- of Fines. 

ant, or person who may sue for and recover the same, and 
the other half to ihe poor of said town of Scituate. And the 
said re<ruiaiions, which may be so formed and adopted by the 
selectmen, shall be recorded in the town records ; and it shall ^^ 

be deemed sufficient notice to all persons of the publication of 
said regulations, by posting them up in three several places 
in the said town, as the discretion of the selectmen may di- 
rect. [June 12, 1818.] 

An Act to establish the First Baptist Society in Colraine. Ghuv, 14. 

Sect. 1 . BE it enacted by the Senate and House of Represen- 
tatives^ in General Court assembled^ and by the authority of the 
same^ That Jesse Lyons, George Winslow, David Smith, Cal- 
vin Smith the second, Ebenezer Taylor, Eliphalet Adams, pg^ 
Thomas Fox, Ephraim Manning, John Manning, Ira Call, porated. 
John Smith, Jonathan Johnson, Jonathan M. Smith, Lemuel 
Pierce, Aaron Carey, Robert Merryfield, Nathaniel Smith, 
Hezekiah Smith. George Walker, junior, Jacob Gragg, Reu- 
ben Hillman, Hugh McLellan, Micajah Caril, Ephraim Wil- 
cox, Cirenus Wilcox, Edmund Wood, Jonathan Totman, Stod- 
dard Totman, Caleb Totman, Lathrop Perkins, Willard Thom- 
as, junior, Aaron Coy, Joshua Vincent, Levy Coy, Orien Vin- 
cent, Moses C. Howard, Aaron Coy, junior, Edvv'ard Adams, 
John Burrington the second, Lemuel Eddy, Amasa Winslow, 
Abraham Tisdale, Reuben Donelson, Daniel Donelson, Igna- 
tius Pickins, Robert Merryfield, junior, Willard Thomas, Se- 
bra Thomas, Simeon Blandier, George Eels, John Call, Ira 
Donelson, Jesse Pickins, Daniel B. Sprague, Reuben Coy, 
Erastus Coy, John Smith the second, Samuel Brown, James 
McClallen, and Daniel Wilcox, with their polls and estates, 
together with such other persons of the baptist denomination, 
as may hereafter associate with them for religious worship, 
be, and they hereby are incorporated into a religious society, 
by the name of the First Baptist Society in Colraine ; with all 
the powers and privileges, and subject to all the duties and re- 
cjuirements of other religious societies in this Commonwealth. 
Sect. 2. Be it further enacted, That any inhabitant living 
in Colraine, or either of the adjacent towns, who may hereaf- 
ter desire to join in religious fellowship w^ith said First Bap- 
tist Society, shall have a right so to do, by leaving with the 
clerk of saiu society, fifteen days before the annual meeting 
thereof in March or April, a certificate in writing thereof; 
and shall also deliver a copy of the same to the clerk of the 
town or society, with which such person has been before con- 
nected, at least fifteen days before the annual meeting thereof 
in March or April ; and such person, from the day of so condition of 
leaving such a certificate of his intentions, and such copy membership. 
thereof as aforesaid, shall be considered to all intents and pur- 
poses as belonging to said First Baptist Society : and shall 



260 



1018. 



Chap, 14 — 15. 



Certificate of 
secession. 



First meetincf. 



thereafter be exempted from taxation, of a nature exclusively 
parochial, in the town or society, to which before that time he 
belonged. 

Sect. 3. Be it further enacted, That when any member of 
said [""irst Baptist Society may see cause to secede therefrom, 
and to unite with any other religious society in the town of Col- 
raine, or in either of the adjoining towns, the like rule, in rela- 
tion to certificates, shall be observed and required, mutatis mu- 
tandis, as is required in the second section of this act : Pro- 
vided ahvays, that in every case of secession from one society 
and joining another, the person so seceding shall be holden in 
law to pay his or her proportion of all taxes assessed, or vot- 
ed to be assessed, on him or her, and on his or her estate, in 
the society so removed from. 

Sect. 4. Be it further enacted. That any Justice of the 
Peace within the county of Franklin, be, and he hereby is, 
on application therefor, empowered to issue his warrant, di- 
rected to some freeholder belonging to said First Baptist So- 
ciety, reciuiring him to notify and warn the members thereof, 
to meet at such convenient time and place, as shall be therein 
appointed, to organize said society, by electing such officers as 
are usual in other similar societies; and by transacting such 
other business of a parochial nature, as in said warrant shall 
be expressed. And such ofilcers, so chosen, shall hold their 
respective offices until others shall be chosen and sworn in their 
stead, in the month of March or April next after the first 
meeting of said First Baptist Society. [Jvne 12, 1818.] 

An Act to incorporate the American Insurance Company. 
Sect. 1. BE it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of the same. 
That Thomas H. Perkins, William H. Boardman, Paschal P. 
Pope, Jonathan Amory, junior, James Perkins, Benjamin Rich, 
David Hinckley, Daniel P. Parker, Edmund Munroe, Seth 
Knowles, Richard D. Tucker, Samuel Parkman, junior, Rob- 
ert G. Shaw, Moses Wheeler, Ebenczer Farley, Francis J. 
Oliver, and Caleb Loring. with their associates, successors, and 
assigns, be, and they hereby are incorporated into a company 
and body politic, by the name of the American Insurance 
Company; with the powers and privileges granted to insur- 
ance companies, and subject to all the restrictions, duties and 
obligations, contained in a law of this Commonwealth, cntit- 
(1817 ch. 120.) led "" An act to define the powers, duties and restrictions of 
insurance companies,*' passed on the fifteenth day of Februa- 
ry, m the year of our Lord one thousand eight hundred and 
eighteen, for and during the term of twenty years after the 
passing of this act; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and defend to final 
judgment and execution; and have a common seal, which they 
may alter at pleasure; and may purchase, hold and convey 
any estate, real or personal, for the use of said company; 
provided they shall not hold real estate exceeding the value of 
fifty thousand dollars, excepting such as may "be taken for 



Chap. 15. 



Persons incof 
porated. 



Powers. 



May sue and 
t)e sued. 



Proviso. 



1818. Chap. 1/). ^ 261 

debt, or held as collateral security for monies due to said com- 
pany. 

Sect. 2. Be it further enacted, That the capital stock of 
said company, exclusive of premium notes and profits, aris- 
ing from business, shall not be less than three hundred thou- 
sand dollars, nor more than five hundred thousand dollars, and 
shall be divided into shares of one hundred dollars each ; ten 
per centum of which shall be paid in money, by each and 
every subscriber, on the amount of his subscription, within 
ten days after public notice given by the president and direc- 
tors, chosen by the stockholders, in any two of the papers 
printed in the town of Boston ; and the residue shall be secur- Securitie?. 
ed by a deposit of stock of the United States, or of this Com- 
monwealth, or of some bank within this Commonwealth, or 
such other security as may be approved by three fourths of 
the directors, and be paid in such sum or sums, at such time 
or times, and under such penalties as the said president and 
directors shall, in their discretion, direct and appoint. 

Sect. 3. Be it further enacted, That the stock, property, 
affairs and concerns of the said company shall be managed Management 
and conducted by thirteen directors, one of whom shall be °^ business. 
president thereof, who shall hold their offices for one year, 
and until others are chosen, and no longer ; and who shall at 
the time of their election, be stockholders, and citizens of 
this Commonwealth ; and shall be elected on the second Tues- 
day of January, in each and every year, at such time of the 
day, and in such place in the town of Boston, as a majority 
of the directors for the time being, shall appoint ; of which . , , 

O' I * ' Annu3l CiEC** 

election, public notice shall be given in at least two of the tion of officers, 
newspapers printed in the town of Boston, and continued for 
the space of ten days immediately preceding such election : 
and the election shall be made by ballot, by a majority of the 
votes of the stockholders present, allowing one vote to each 
share in the capital stock ; provided that no stockholder shall 
be allowed more than thirty votes; and the stockholders 
not present, may vote by proxy, under such regulations as 
the company shall prescribe. And if through unavoidable 
accident, the said directors should not be chosen on the se- 
cond Tuesday of January as aforesaid, it shall be lawful 
to choose them on any other day, in the manner herein pre- 
scribed. 

Sect. 4. Be it further enacted. That the directors, when 
chosen, shall meet as soon as may be, after every election, 
and shall choose out of their body, one person to be president, Presidency. 
■who shall be sworn, faithfully to discharge the duties of his 
office; and who shall preside for one year: And in case of 
the death, resignation, or inability to serve, of the president, 
or any director, such vacancy or vacancies, shall be filled vacancies 
for the remainder of the year in which they happen, by a filled up. 
special election for that purpose, to be held in the same man- 
ner as herein before directed, respecting annual elections of 
directors. 

Sect. 5. Be it farther enacted. That the president and three 



262 1818. Chap. 15— -17. 

of the directors, or four of the directors in the absence of the 
Board of Di- president, shall he a boird competent for the transaction of 
rectors. . business; and all questions before them shall be decided by 
a m:ij()rily of votes; and they shall have power to make and 
prescribe such by-laws, rules, and regulations, as to them 
shall ap|:)ear needful and pfoper, touching the management 
Powers and and dis|)0,siti()n of the stock, property, estate, and effects of 
duties of Di- g^jj company, and the transfer of the shares, and touching 
the duties and conduct of the several officers, clerks, and ser- 
vants employed, and the election of directors, and all such 
matters as appertain to the business of insurance ; and shall 
also have power to appoint a secretary, and so many clerks 
and servants for carrying on the said business, and with such 
salaries and allowances to them, and to the president, as to 
the said board shall seem meet : Provided, that such by-laws 
and regulations shall not be repugnant to the constitution and 
laws of this Commonwealth. 

Sect. G. Be it further enacted, That any two or more 
persons named in this act of incorporation, are hereby author- 
First meeting, j^^j [q call a meeting of the said company, as soon as may 
be, in Boston, by adverti'^ing the same for one week, in two 
of the newspapers printed in the said town, for the purpose of 
electing a first board of directors, who shall continue in office 
until the second Tuesday of Jinuary, in the year of our 
Lord one thousand eight hundred and nineteen. [June 12, 
1818.] 

Chat) 16 All Act to annex Paul Crowell and others, to tlie Calvinistic Congregational So- 
'' "' ' ciety, in Sandwicli. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
Paul Crowell, William King, Lavina Rowland, Richard Der- 
rick, and Shubiel Ewer, with their families and estates, be, 
and they hereby are set off from the first parish in the town 
of Sandwich, and annexed to the Calvinistic Congregational 
Society in said Sandwich, with all the rights and privileges 
which other members of the said Calvinistic Congregational 
Society have and enjoy. [June 1'2, 1818.] 

ChdD' 17. •'^" ^^'^ *° incorporate tlie Nantucket Phoenix Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Joseph Chase, Paul Gardner, Zenas Coffin, and 
others, and all such persons as have already, or shall hereaf- 
ter, associate with them, being citizens of the United States,- 
imated. ^"^°^' ^^1 3"d ^'^^y hereby are incorporated into a company and 
body politic, by the name of the Nantucket Phoenix Insurance 
Company; and shall have all the powers and privileges, and 
be subject to all the duties, requirements and restrictions con- 
tained in an act, entitled " An act to define the powers, duties 
1817 ch 120 "^"^ restrictions of Insurance Companies," passed on the six- 
Powers and teenth day of February last; which corporation shall continue 
Privileges. for and during the term of twenty years from the passing of 
this act; and by that name nidy sue and be sued, plead and 



1818. Chap. 17. 263 

be impleaded, appear, prosecute ard defend to final judgment 
and execution; and h;ive a common se;d, which ihej may al- 
ter at pleasure, and may purchase, hold and convey any es- 
tate, for the use of said company. 

Sect. 2. Be it further enacted, That a share in the capital 
Stock of said company shall be one hundred dollars, and the 
number of shares one thousand ; and if the whole number of Capital stock, 
shares are not already filled, subscriptions shall be kept open, 
under the direction and inspection of the president and direc- 
tors of said company, until the same shall be filled ; and the 
whole capital stock and property, which the said company shall 
be authorized to hold, shall be one hundred thousand dollars, 
exclusive of premium notes, or profits, arising from their busi- 
ness ; of which capital stock or property, not more than ten 
thousand dollars shall be invested in real estate. 

Sect. 3. Be it further enacted, That the concerns of said cor- 
poration shall be mRnaged by seven directors, one of whom 
shall be president thereof, who shall hold their offices for one 
year, and until others shall be chosen, and no longer; which Management 
directors shall, at the time of their election, be stockholders, o*^ business. 
and citizens of the Commonwealth, and shall be elected on the 
second Monday of January in ench and every year, at such 
time and place in the town of Nantucket, as a majority of the 
directors, for the time being, shall appoint ; of which election 
public notice shall be given, by advertising, at two of the most 
public places in the town of Nantucket, for the space of ten 
days immediately preceding such election ; and such election g, . . .^ 
shall be holden under the inspection of three stockholders, not ficeis. 
being directors, to be appointed previous to every election, by 
the directors ; and shall be made by ballot, by a majority of 
votes of the stockholders present, allowing one vote for each 
share in the capital stock ; provided, no stockholder shall be proviso. 
allowed more than ten votes, and the stockholders not present 
may vote by proxy, under such regulations as the company 
may prescribe ; and, if by any unavoidable accident, the di- 
rectors should not be chosen, on the second Monday of Janu- 
ary as aforesaid, it shall and may be lawful to choose them on 
another day, in manner aforesaid. 

Sect. 4. Be it further enacted. That the directors chosen as 
aforesaid, as soon as may be after their election, shall meet and 
choose out of their number, one person to be president, who Presidency. 
shall preside until his successor shall be chosen, and shall be 
sworn faithfully to discharge the duties of his office ; and in 
case of any vacancy by death, resignation, or inability to dis- 
charge the duties of office, such vacancy, whether of president 
or director, shall be filled for the remainder of the year by a 
special election for that purpose, to be held in the same man- 
ner as is herein before directed, respecting annual elections of 
directors and president. 

Sect. 5. Be it further enacted, That the president and three 
directors, or four of them in his absence, shall constitute a board tors!^ ° '"'° 
competent to do business ; and all questions, before them, shall 
be decided by a majority of votes, and they shall have power 



264 1818. Chap. 17. 

to make and prescribe such by-laws, rules and regulations, as 
to them may appear needful, respecting the management and 
disposition of the stock, property and estate of said company, 
Duties and and shall have power to appoint a secretary, clerks and ser- 
emoluments of yQjjts^ for the purpose of managing said business, and allow 
them such salaries for services, and such compensation to the 
president, as shall be deemed equitable and just ; provided, such 
by-laws, rules and regulations, shall not be repugnant to the 
laws of this Commonwealth. 

Sect. 6. Be it further enacted, That there shall be stated 
Meetings ot di- meetings of the directors, at least once in every month, and as 
rectors. often within each month as the president and directors shall 

deem proper ; and the president and committee of three of the 
directors, to be by him appointed, in rotation, shall assemble 
daily, if necessary, for the despatch of business ; and it shall 
be the duty of the directors, on the second Monday of January 
and June, in every year, to make dividends of so much of the 
interest arising from their capital stock, and the profits of said 
company, as to. them shall appear advisable ; and fifty dollars 
on each share of said stock shall be paid within sixty days af- 
ter the first meeting of said compan}^ ; and the remaining sum 
due on each share, within one year next afterwards, by such 
Instalments. instalments as said company shall direct ; and no transfer of 
any share in said company shall be valid, until all the instal- 
ments on such share shall have been paid. 

Sect. 7. Be it further enacted, That no person, being a direc- 
tor of any other company, carrying on the business of marine 
insurance, shall be eligible as a director of the company by 
this Act established ; and the property of any member in said 
company, with the dividends due thereon, shall be liable to at- 
tachment and execution in favor of any bona fide creditor, in 
manner following, viz. whenever a proper officer, having a writ 
of attachment or execution against any member, shall apply to 
the secretary of said company ; it shall be his duty to expose 
the books of the corporation to such officer, and furnish him, in 
his official capacity, with a certificate under his hand, ascer- 
taining tlie number of shares which the said member holds, and 
Individual pre- ^]^^ amount of dividends due thereon; and when any such 
attachment. ° shares shall be attached on mesne process, or taken in execu- 
tion, an attested copy of such writ of attachment or execution 
shall be left with the secretary ; and such shares shall be sold 
on execution, on due notice by the officer, of the time and place 
of sale, and conforming in all respects to the law respecting 
sales of personal property on execution : And it shall be the 
duty of such officer, making such sale, within ten days next af- 
ter said sale, to leave an attested copy of the execution, with 
his return thereon, with the secretary of the company; and the 
vendee shall thereby become the proprietor of such shares, and 
all dividends thereon, if the same dividends have accrued after 
taking in execution aforesaid, or when there has been a pre- 
vious attachment, after such attachment, notwithstanding any 
intervening transfer. 

Sect. 8. Be it further etmcted. That the president and direc- 



1818. Chap. 17— 22. 265 

tors of said company shall, when and as often as required by Accounts to be 
the legislature of this Commonwealth, laj^ before them a state- ^'''^ro'ned. 
ment of the affairs of said company, and submit to an examina- 
tion under oath, or affirmation, concerning the same; and Syl- 
vanus Macy is hereby authorized to call a meeting of the mem- 
bers of said company, for the choice of directors, by ad- 
vertising the same, in two of the most public places in the town 
of Nantucket, for ten days at least, previous to the choice of 
the first board of directors, who, when chosen, shall continue 
in office until the second Monday in January next, and until 
others are chosen in their stead. [June 12, 1818.] 

An Act in addition to an Act, entitled " An Act to incorpoiate the Proprietors of ChctV. 20. 
the North Meeting House, in Salem." - jjjqj ^i^^ 27, 

BE it enacted hy the Senate and House of Representatives, in (^' ^' P- *'^*^') 
General Court assembled, and hi/ the authority of the same, That 
the proprietors of the North Meeting House, in Salem, in the 
county of Essex, be, and they hereby are authorized and Em- 
powered, at a meeting to be called for that purpose, to make a 
new valuation of the gallery pews in said meeting house; and 
that after such new valuation, all sums voted to be raised by 
said proprietors, shall be assessed upon such floor pews as the 
proprietors shall determine on, according to the original valua- 
tion thereof, as recorded in the proprietors' book, and upon 
such gallery pews as they shall determine on, according to said 
new valuation : Provided hozvever, that no pews shall be exempt- 
ed from assessment, except such as have been heretofore ex- 
empted by said proprietors. [June 12, 1818.] 

An Act to incorporate the Second Parish, in the town of Deerfield. Ckap* 22. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
fives, in General Court assembled, and by the authority of the same, 
That the following named persons, inhabitants of the town of 
Deerfield, in the county of Franklin, viz. Abner Cooley, Elijah Per 
Arms, Isaac Parker, Artemas VYilliams, Joseph Saunderson, porated. 
Elihu Barnard, Asa Hawks, John Amsden, Jonathan Hawks, 
Elihu Clary, Elisha Field, Elisha Clapp, William Hawks, Ti- 
mothy Blodget, Simeon Blodget, Asa Johnson, Waitstill Hawks, 
Lemuel Tryon, Silas Hawks, Rufus Clark, Jedcdiah Clark, 
Eliakim Arms, William Anderson, Zebina Russell, John An- 
derson, William Tryon, Ebcr A His, Reuben Jewett, Lu- 
ther Tryon, Philip Smith, Zcbadiah Graves, Russell Cooley, 
Amos Russell, Benjamin Mann, Zcbadiah Graves, junior, Eph- 
raim Sprague, Dennis Arms, Samuel Graves, Ira Billings, Au- 
gustus Baldwin, Samuel Rogers, Scth Arms, Jesse Billings, Eli- 
phaz Arms, Eli Cooley, Erastus Ai:mp,Harry Arms, John Bald- 
^vin, Timothy Billings, Dennis Cooley, Solomon Anderson, Ste- 
phen Whiting, Jesse Severance, and Elisha Nims, with their es- 
tates, be, and they hereby are incorporated into a religious so- 
ciety, by the name of the Second Congregational Parish, in 
Deerfield; with all the powers, privileges, and immunities, and Powers and 
subject to all the duties to which other "religious societies in this P^^'^'^S^^- 
Commonwealth are entitled or obligaied by law, excepting as 
is herein otherwise enacted, provided or declared. 

VOL. V. 34 



jrsons iiicor- 



266 



1818. 



Chap. 22. 



Admission t)f 
members. 



Terms of ad- 
mission. 



Time of ad- 
mission. 



Ministerial 
tax. 



Money to be 
paid to trea- 
surer of second 
parish. 



Sect. 2. Be it further enacted, That any of the inhabitants of 
the said town of Deerfield, who may desire to join said socie- 
ty, shall have full liberty thus to do, at any time within twelve 
months after the passing of this Act ; provided they signify in 
writing, under their hand, to the clerk of said town, and also to 
the clerk of said second parish, their wish and determination of 
being considered as members of said second parish ; and they 
shall be accordingly recorded as such by the several and re- 
spective clerks aforesaid. 

Sect. 3. Be it further enacted, That if any person, who may 
hereafter come to reside and dwell within the limits of said town, 
shall be desirous of joining the said society, such person shall 
have full liberty to do it, with his estate, at any time within 
twelve months of the time of his so coming to reside and dwell 
in said town, by making known his determination of the same, 
in the manner pointed out in the second section of this Act; 
and the clerks shall make record thereof, as is above provided. 

Sect. 4. Be it further enacted, That all young persons, who 
now do, or hereafter shall reside and dwell within the limits of 
the said town, shall, when they become twenty-one years of 
age, have full liberty, at any time within twelve months after 
they shall have arrived at that age, to join, with their estates, 
the said society, by making known such their determination in 
manner herein before provided ; and the clerks shall make re- 
cord thereof as abovementioned. 

Sect. 5. Be it further enacted, (the inhabitants of said town 
of Deerfield in legal meeting assembled, and the persons here- 
in incorporated into a second parish having thereto consented 
and agreed) That the inhabitants of the said town shall here- 
after be holden and obliged to pay the sum of three hundred 
and thirty-three dollars and thirty-three cents, annually, to- 
wards the support of a Congregational minister in said second 
parish, and at that rate for any fractional part of a year, that 
such minister may be settled in the same parish, and that the 
assessors of said town shall have the authority and power, and 
it is hereby made their duty to assess annually, in the same 
manner as though the said second parish had not been incor- 
porated, in the annual ministerial tax, on all the inhabitants of 
said town, whether members of the first or second religious con- 
gregational parish therein, in addition to the sum or sums, which 
it may be necessary to assess, to pay the minister of the first 
parish his salary, and to keep in repair the present Congrega- 
tional meeting house in said town, the further sum of three hun- 
dred and thirty-three dollars and thirty-three cents, or such 
fractional parts thereof, as the case may require ; which sum 
or such fractional part thereof, according as the case may re- 
quire, shall be payable and paid, from time to time, and at all 
times hereafter, by the treasurer of the said town, on demand 
upon him made, to the treasurer of the said second parish, at 
the same time and times, as the salary of the present Congre- 
gational minister of the said town is payable ; to be appropri- 
ated towards the annual support of any Congregational minis- 
ter and ministers, who shall be regularly settled in said second 



10] 8. Chap. 22. 2#7 

parish ; reckoning and accounting from the time of the settle- 
ment of such minister and ministers, and during his and their 
continuance in said office ; such minister and ministers so set- 
tled in said second parish, relinquishing all claim to the lands 
in the said town, sequestered for the use of the ministry, and to 
all monies which have arisen or shall hereafter arise, from the 
sale of any of the said lands, and to the ministerial fund in said 
town, so called, as has been heretofore practised in the settle- 
ment of ministers in said town ; leaving the same, as they now 
are, subject to the controul and management of said town : 
Provided however, that when the cost and expense of the repairs, Proviso. 
which may be made upon the present Congregational meeting 
house in the said town, shall, in any one year, amount to the 
sum of twenty dollars or more, the treasurer of the said town, 
shall be holden and obliged to pay over to the treasurer of the 
said second parish, on demand made as aforesaid, and at the 
same time and times as is above mentioned, the just proportion 
of such cost and expense, which shall have been assessed in 
the ministerial tax, on the members of said second parish ; pro- 
vided also, that the members of the first parish shall not be hold- 
en or obliged to pay any thing towards the settlement of any 
minister who may hereafter be settled in the second parish, or 
for the building or repairing of any meeting house, which may 
be erected by or for the same parish : Provided also, that upon Proviso. 
the future settlement of any minister in the first parish, the 
members of the second parish shall be wholly exempted from 
contributing any thing towards his settlement. And provided 
also, that if, at any future time, the first parish should build a 
new meeting house or meeting houses, for the accommodation 
of its members, the then existing members of the second parish 
shall be likewise exempted from contributing or paying any 
thing towards the cost and expense of the same. 

Sect. 6. Be it further enacted, That the officers of the said 
town of Deerfield, whose duties are similar to the duties of of- 
ficers usually chosen and appointed in parishes, shall, ex officio, 
be considered to all intents and purposes, as the officers of said Spg^jai busi- 
first parish ; aed it shall be lawful to insert in the warrants for ness of meet- 
calling town meetings in said town, any article of a parochial ^"s^- 
nature, relating to the concerns of the said first parish, and to 
act on the same as though the said second parish had not been 
incorporated : Provided however, that in all matters and things, 
merely of a parochial nature, transacted in such town meetings, 
the then members of said second parish shall not be entitled to 
vote, or in any way interfere with the same. 

Sect. 7. Be it further enacted, That any Justice of the Peace 
in said county of Franklin be, and he hereby is authorized to "^ "^^ '"^' 
issue his warrant, directed to some member of the said second 
parish, requiring him to notify and warn the members of the 
same parish, qualified to vote in parish affairs, to assemble at 
such convenient time and place in said town of Deerfield, as 
shall be expressed in said warrant, to choose such officers, as 
parishes are by law required to choose in the month of March 



268 1818. Chap. 23—25. 

or April, annuallj^, and to transact all other matters and things 
necessary for the well being of the same parish. [June 12, 
1818.] 

f^hap, 23. An Act to annex Elisha Harmon, with his famil}' and estate, to the North Parish, 
in the town of New Marlborough. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
Elisha Harmon, with his family and estate, be, and they are 
hereby set off from the south, and annexed to the north parish, 
in the town of New Marlborough ; provided, that the said Elisha 
Harmon shall be holden to pay his proportion of all parish ex- 
penses assessed and not paid prior to the passing of this .Act. 
[June 12, 1818.] 

{^hap» ^4. An Act extending the time allowing tiie trustees of the Nantucket Bank to close 
their concerns. 

BE it enacted by the Senate and House of Representatives, XH 

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

the further time of one year, from the first Monday of October 

next, be granted and allowed to the trustees of the Nantucket 

bank, for the sole purpose of enabling said trustees gr.idually to 

settle and close their concerns, and divide their capital stock; 

they conforming in all rcspects,to an Act passed the twenty-fourth 

day of June, in the year of our Lord one thousand eight hun- 

(1812 eh. 57.) dred and twelve, entitled " An Act to enable certain banks in 

this Commonwealth to settle and close their concerns." [Jum 

12, 1818.] 

Chap* 25. An Act to incorporate The Essex Agricultural Society. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
Persons incor- That Timothy Pickering, William Bartlett, John Heard. Tho- 
porated. jj^^g Kiltredge, David Howe, Ichabod Tucker. Asa Andrews. 

Nehemiah Cleveland, David Cummins, Joseph Peabody, Icha- 
bod Nichols, Robert Dodge, Thomas M. Clark, William B. 
Banister, Isaac Osgood, John Adams, Frederick Howes, Hobart 
Clarke, Jesse Putnam, Ilezekiah Flint. Thomas Stephens, Natha- 
niel Hooper, Benjamin T. Reed, William Reed, Temple Cutler, 
Paul Kent, Elisha Mack, John G. King, Theodore Fames, Joseph 
Andrews, Michael Webb, Benjamin R. Nichols, and Leverett 
Saltonstall, together with such others as may hereafter associ- 
ate with them, and their successors, be, and they are hereby 
made a corporation, by the name of the Essex Agricultural So- 
ciety ; and for this purpose, shall have the same powers and 
privileges, and be subject to the like duties and restrictions, as 
the other incorporated agricultural societies in this Common- 
wealth ; and the said corporation may lawfully hold and pos- 
sess real estate, not exceeding twenty thousand dollars, and 
personal estate, the annual income whereof shall not exceed 
five thousand dollars; and also have power to sell, alien, or 
dispose of the same estate, real and personal, not using the 
same in trade or commerce. 
First meeting. Sect. 2. Be it further enacted, That David Cummins, Es- 
quire, of Salem, in said county, be, and he hereby is authoriz- 



1818. Chap, 25—26. 269 

ed to notify and call the first meeting of the society aforesaid, 

for the purpose of organizing the same, and for establishing 

rules and by-laws for the government of the same, by giving 

public notice of the time and pi ice of holding said meeting, 

two weeks, in each of the newspapers printed within the said n 

county of Essex. fJune 12, 1818.] 

An Act to incorporate The Salem Commercial Insurance Company. Chap* 26. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the same, 
That Nathaniel Silsbee, Joseph Story, Stephen White, Natha- Persons incor- 
niel West, junior, Timothy Bryant, and William P. Richardson, P°'^atcd. 
with their associates, successors, and assigns, be, and they 
hereby are incorporated into a company and body politic, by 
the name of The Salem Commercial Insurance Company; 
with all the powers and privileges granted to insurance com- 
panies, and subject to all the restrictions, duties ^nd obligations 
contained in a law of this Commonwealth, entitled, "An Act (I8i7ch. 120.) 
to define the powers, duties and restrictions of insurance com- 
panies," passed on the sixteenth day of February, in the year 
of our Lord one thousand eight hundred and eighteen, for and 
during the term of twenty years, after the passing of this Act; 
and hy that name may sue and be sued, plead and be implead- General pow- 
ed, appear, prosecute and defend to final judgment and execu- '^'^^• 
tion ; and may have a common seal, which they may alter at 
pleasure ; and may purchase, hold and convey any estate, real May hold real 
or personal, for the use of said company; provided the said real ^^'^*^' 
estate shall not exceed the value of twenty thousand dollars, 
excepting such as may be taken for debt, or held as collateral 
security, for monies due to said company. 

Sect. 2. Be it further enacted, That the capital stock of said Capital stock/ 
company, exclusive of premium notes and profits arising from 
business, shall not be less than one hundred thousand dollars, 
nor more than two hundred thousand dollars, and shall be di- 
vided into shares of one hundred dollars each, fifty per cent, 
of which shall be paid in money by each and every subscriber, 
on the amount of his subscription, within thirty days after pub- 
lic notice given by the President and Directors, chosen by the 
stockholders, in two newspapers, printed in the toAvn of Salem, 
and the residue shall be secured by a deposit of stock of the 
United States, or of this Commonwealth, or of some bank with- 
in this Commonwealth, or such other security as may be ap- 
proved by three-fourths of the Directors, and be paid in such 
sum or sums, at such time or times, and under such penalties 
as the said President and Directors shall, in their discretion, 
direct and appoint. 

Sect. 3. Be it further enacted. That the stock, property, af- officers annu- 
fairs and concerns of the said company shall be managed and ally elected. 
conducted by nine directors, one of whom shall be president 
thereof, and shall hold their offices for one year, and until 
others are chosen and no longer; and who shall, at the time of 
their election, be stockholders and citizens of this Common- 
wealth, and shall be elected on the second Monday of January 



270 



1818. 



Chap. 26. 



I^oviso. 



Presidency. 



By-laws and 
regulations. 



Proviso. 



First meeting. 



in each and every year, at such time of the day, and in such 
place in the town of Salem, as a majority of the directors, for 
the time being, shall appoint ; of which election public notice 
shall be given, in two of the newspapers, printed in the town of 
Salem, and continued lor the space of ten days immediately 
preceding such election : And the election shall be made by 
ballot, by a majority of the votes of the stockholders present, 
allowing one vote for each share in the capital stock ; provided 
that no stockholder shall be allowed more than ten votes; and 
absent stockholders may vote by proxy, under such regula- 
tions as the said company shall prescribe. And, if through 
any unavoidable nccidrnt, the said directors should not be 
chosen on the second Monday of January, as aforesaid, it shall 
be lawful to choose them on any other day, in the manner 
herein prescribed. 

Sect. 4. Be il further enacted, That the directors, when cho- 
sen, shall meet as soon as may be, after every election, and 
shall choose out of their body, one person to be president, who 
shall be sworn faithfully to discharge the duties of his office, 
and who shall preside for one year; and in case of the death, 
resignation, or inability to serve, of the president or any direc- 
tor, such vacanc}"^ or vacancies shall be filled for the remainder 
of the year in which they happen, by a special election for 
that purpose, to be held in the same manner as herein before 
directed, respecting annual elections of directors. 

Sect. 3. Be it further enacted, That the president and four 
of the directors, or five directors, in the absence of the presi- 
dent, shall be a board competent for the transaction of busi- 
ness; and all questions before them shall be decided by a ma- 
jority of votes; and they shall have power to make and pre- 
scribe such by-laws, rules and regulations as to them shall ap- 
pear needful and proper, touching the management and dispo- 
sition of the stock, property, estate and effects of said company, 
and the transfer of the shares, and touching the duties and con- 
duct of the several officers, clerks and servants employed, and 
the election of directors, and all such matters as appertain to 
the business of insurance; and shall also have power to appoint 
a secretary and so many clerks and servants, for carrying on 
the said business, and with such salaries and allowances to 
them and to the president, as to the said board shall seem meet: 
Provided such by-laws and regulations shall not be repugnant 
to the constitution or laws of this Commonwealth. 

Sect. 6. Be it further enacted, That any two or more per- 
sons, named in this act of incorporation, are hereby authorized 
to call a meeting of the said company, as soon as may be, in 
Salem, by advertising the same for two successive weeks, in 
the Essex Regis' er and Salem Gazette, printed in Salem, for 
the purpose of electing a first board of directors, who shall 
continue in office until the second Monday of January, in the 
year of our Lord one thousand eight hundred and nineteen. 
[Jtme 12. 1018.] 



1818. Chap. 27. 21% 

An Act to incorporate The Episcopal Church in Dedhani. ChttV. 27. 

Sect. 1. BE it enacted by the Senate and House of Represen- See 1793 ch.68, 

Natives, in General Court assembled, and by the authority of the ^^jVgj'/^u'^ 

same, That Ahel D. Alleyne, John W. Ames, John W. Baker, sg. 

Silas Bacon, Pitts Butterfield, John P. Cain, Seth Chapin, John „ 

* Persons incoi** 

Cox, John B. Derby, Ahner Ellis, Stephen Farringtorf, Mary porated. 
Gay, Timothy Gay, Timoihy Gay, jun. Cynl Gillet, Ezekiel 
Kingsbury, Noah Kingsbury, Moses Kingsbury, Joshua Kings* 
bury, Samuel Lowder, William H. Mann, Eliphalet F. Mason, 
Nathaniel Policy, jun. Timothy Richards, Jesse Richards, 
Willard Richards, James Richardson, Jeremiah Shuttlesworth, 
and Erastus Worthington, together with all the present proprie- 
tors of the pews of said church, with their families and estates, 
and such others as may hereafter associate with them, and 
their successors, be, and they are hereby incorporated as a 
Protestant Episcopal Society, by the name of The Episcopal 
Church in Dedham ; with all the powers and privileges, and General Pow- 
subject to all the duties and restrictions of other religious so- ers. 
cieties, according to the constitution and laws of this Common- 
wealth, and the rights and usages of the Protestant Episcopal 
Church in the United States. 

Sect. 2. Be it further enacted, That each and every one of 
the above mentioned persons and proprietors, shall be entitled 
to the same privileges of voting and acting, at all legal meet- 
ings of said society, excepting that the admission of future 
members shall be determined solely by the votes of the major 
part of the proprietors of pews present, at a legal meeting of 
said society, called for that purpose; and in no case, shall any Votes, 
proprietor be entitled to more than one vote for any number 
of pews which he may possess. 

Sect. 3. Be it further enacted, That all persons desirous to Membership, 
associate with the said Episcopal Church, who may enter their 
names with the clerk thereof, and be admitted in manner afore- 
said, shall be deemed members, and as such, be liable to all 
legal duties and assessments ; provided, that those who may 
thus become members hereafter, shall, before they are exempt- 
ed from taxation for the support of public worship in the town 
or parish where they reside, leave notice, in writing, with the provisos, 
clerk thereof, of their having associated with the said Episco- 
pal Church : Provided also, that persons withdrawing from the 
said Episcopal Church, who may give like notice to the clerk 
thereof, shall be no longer liable to taxation there; but they, 
with their polls and estates, shall again become liable to all 
taxes and duties, for the support of public worship in the towns 
or parishes where they may reside. 

Sect. 4. Be it further enacted. That whenever the office of Rectorship 
rector, in said society, shall be vacant, the said society, at a supplied, 
meeting duly called for that purpose, shall elect a rector, who 
shall be inducted according to ei i>copal usage. 

Sect. 5. Be it further enacted, That the annual meeting of Annual meet- 
the society shall be on Easter Monday, at the Church in Ded- ing. 
ham, at such hour as the wardens shall notify : at which time, 
the said society shall choose two wardens, three or five vestry 



272 



1818. 



Chap. 27—29. 



TVIay hold real 
estate. 



Duties and re- 
sponsibility of 
treasurer. 



First meeting. 



Acts repealed. 



Chap. 29. 



Persons incor- 
porated. 



men, a treasurer, clerk, and other necessary officers, who shall 
coniinue in office one year, and until others are chosen and 
qualified; and sjiecial meetings shall he notified in the same 
manner, by the wardens, as parish assessors or committees, 
are by law requirerl lo notify parish meetings. 

Sect. 6. Be it farther enacted^ 'J'hai the said Episcopal So- 
ciety may hold by gift, grant, or otherwise, real and personal 
estate, the annual income of which shall not exceed five thou- 
sand dollars; and the wardens and vestry shall have the ma- 
nagement of the same, pursuant to the votes of the said society, 
and subject at all times to account to them : but in no case, 
shall either the wardens and vestry, or the society, reduce the 
rents of the church glebe, already fixed by contract. 

Sect. 7. Be it further enact eel., That the treasurer of the 
said church shall give bond, with sureties to the satisfaction of 
the wardens and vestry, for the faithful performance of his du- 
ties, in the penal sum of two thousand dollars ; and he only 
shall have a right to receive the rents and monies of said so- 
ciety; and for that purpose, shall h^ive custody of all leases 
and other written evidence of debts due to them; and he shall 
annually, submit to the wardens and vestry, and to the society, 
a full and detailed account of all monies, by him received and 
paid. 

Sect. 8. Be it further enacted^ That all deeds of pews in 
said church, shall be recorded within three months after they 
are executed, in the books of the clerk of said society, and 
need not be hereafter recorded in the office of the town clerk, 
or register of deeds. 

Sect. 9. Be it further enacted, That upon application to any 
justice of the peace for the county of Norfolk, he is hereby em- 
powered to issue his warrant, directed to one of the persons 
named in this Act, requiring him to notify and w'arn a meeting 
of the members of the said Episcopal Society, to meet at such 
convenient time and place as shall be appointed in said war- 
rant, for the choice of church officers, and the doing such other 
business as may be necessary for the due organization of the 
said society. 

Sect. 10. Be it further enacted^ That all Acts, and parts of 
Acts, inconsistent with the provisions of this Act, be, and the 
same are hereby repealed ; provided such repeal shall, in no 
manner, affect any contract already made under, or confirmed 
by said Acts, or any action now pending. [Jxine 12, 1818.] 

An Act to incorporate the First Universalist Society in Leverett. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives^ in General Court assembhd, and hy the authority of the same. 
That James Comins, Henry Rider, Asa Comins, Ransom Ad- 
ams, Moses Smith, Oi'lando Field, Aaron Dudlej^, Asa Moore, 
Samuel Earned, Martin Moore, Rodolphus Perr^^ Lewis Gil- 
bert, Samuel Gould, Amos Wilmarth, Edmund Rawson, John 
Davis, Elijah Grover, Thomas Heard, Jonathan Glazier, junior, 
Samuel Lamb, Elijah Williams, Jonathan Glazier, Samuel Mi- 
ley, Joshua Leonard, Gershom Comins, Jonathan Bellows, For- 



1818. Chap. 29. '-^7.3 

ter Nutting, James Comins, junior, and Moses Field, junior, with 
their families and estates, together with such others as may 
hereafter associate with them, or their successors, be, and they 
are hereby incorporated into a religious society, by the name 
of the First Universalist Society in Lcverett ; with all the pow- 
ers, privileges, and immunities, to which other parishes or reli- 
gious societies are entitled by the constitution and laws of this 
Commonwealth, for religious purposes only. 

Sect. 2. Be it farther enacted^ That said society be, and they j^^^^^^^q^^^. 
are hereby authorized to raise by assessments, on the polls and 
estates of the members thereof, such sum or sums of money for 
the erection of any house, for the public worship of God, for 
the settlement and maintenance of a minister or ministers, re- 
pairing said house and other expenses of public worship, wnth 
such incidental charges, as they shall agree upon at any legal 
meeting called for that purpose ; and the same may assess or 
cause to be assessed, on the polls and estates of said members 
as aforesaid, as they shall, at such meeting, deem proper ; and ^ jj^j^j ^^^i 
said society shall be capable in law to purchase and hold es- estate. 
tate, real and personal ; provided the annual income thereof 
shall not, at any one time, exceed the value of two thousand 
dollars. 

Sect. 3. Be it further enacted^ That any person belonging to Membership. 
said town of Levcrett, who may be desirous of joining in reli- 
gious worship with, and becoming a member of the aforesaid 
society, and give in his or her name to the town clerk of said 
Leverett, with a certificate, signed by the minister or clerk of 
said society, that he or she has actually become a member of, and 
united with the said Universalist Society in religious worship, 
shall, from and alter giving such cei-tificate, with his or her polls 

and estate, be considered as part of said society : Provided ^ ... 

, , , 1 11 I 1 1 1 1 • Conditions of 

however, that such persons shall be holden to pay their propor- secession. 

tion of all money granted in the town to which they belonged 

previous to that time. 

Sect. 4. Be it further enacted, That if any member of said 
Universalist Society shall, at any time, see cause to leave the 
same, and unite with any other religious society, in the towns 
from which they came, and lodge a certificate of such his or 
her intention, with the minister or clerk of said Universalist so- 
ciety, and also with the clerk of the town to which they be- 
long ; and shall pay his or her proportion of all money grant- 
ed by said society previous thereto, such person shall, from and 
after giving such certificate, with his or her polls and estate, be 
considered as belonging to the (own or parish in which he or 
she may reside, in the same manner as if he or she had never 
belonged to the said Universalist society. 

Sect. 5. Be it further enacted, That any Justice of the Peace 
in the county of Franklin, be, and hereby is authorized to is- 
sue his warrant, directed to some suitable^ person, who is a 
member of said Universalist society, requiring him to warn and pj^g^ meeting. 
notify the members thereof to meet at such time and place, in 
said town of Leverett, as shall be direc-ted in said warrant, to 
choose such officers as parishes and religious societies in this 

VOL. V. 3.5 



274 1818. Chap. 30—34. 

Commonwealth are by law authorized to choose in the month 
of March or April, annually. [June 12, 1818.] 

Chap* 30. All Act in addition to an Act, entitled "An Act to incorporate the Ptcsident, Di- 
1817 cli. 163. rectors and Company of the Agiicultural Bank." 

BE il 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 Presi- 
dent, Directors and Comjiany of the Agricultural Bank," as re- 
gards the time at which the different instalments of the capital 
stock are required to be paid in, is hereby repealed ; and that 
the stockholders of said bank be, and they are hereby requir- 
ed to pay in the first instalment of fifty dollars on each share, 
on the first day of September next, the second instalment of 
twenty-five dollars on each share, on the first day of January, 
in the year of our Lord, one thousand eight hundred and nine- 
teen, and the third instalment of tvvent^^-five dollars on each 
share, on the first day of April, then next following, or at such 
earlier times as the stockholders of said bank at any meeting 
thereof may determine. [June 12, 1818.] 

Ghao* 34. -'^" -^^^ '" addition loan Act, entitled "An Act to incorporate the town of Enfield.'* 

1S15 cli. 128. Sect. 1. BE it enacted by the Senate and House of Representa- 

tives, in General Court assembled, and by the authority of the same. 
That from and after the passing of this Act, the boundary line 

Tovvnbounda- between the towns of Enfield and Greenwich, and north and 

^^^^' south parish, shall be as follows, viz. beginning at the north- 

east corner of Amos Hunter's farm, at a stake and stones on 
Pelham south line; thence south, six hundred and eighty-three 
rods, to a stake and stones standing at the south-west corner of 
the farm belonging to the heirs of Abel Walker, deceased, and 
north line of John Rich's old farm; thence east ^\\e degrees 
north, one hundred and fifty-six rods, to the northwardly bank 
of Swift river ; th(nice crossing said river in the same direction ; 
thence up the said river, on the bank thereof, twenty-five rods ; 
thence south four degrees thirty minutes west, three hundred 
and eighteen rods, to the south-west corner of John F. Stevens' 
farm, on the hill. Little Quobbin, so called ; thence east seven 
degrees north, seventy-two rods, to a stake and stones ; thence 
east one degree south, fifty-eight rods, to a stake and stones 
standing aL the north-west corner of the Eaton lot, so called ; 
thence east twenty-five degrees south, to a small brook ; thence 
up the middle of said brook, as the stream runs, southerly- 
through the middle of the small pond ; thence in a due south 
course to the county road leading from Hardwick to Enfield ; 
thence crossing said road, to the south side thereof; thence in 
the south line of said county road, to the line of the town of 
Hardwick, but so as to include the whole of a school house 
standing on or near said road, within the town of Enfield. 

Sect. 2. Be it further enacted. That all the lands lying north 
and east of the above described line, which belonged to the 
south parish in Greenwich and the iown of Enfield, together 

Lr^tKcls ?et oft', with the inhabitants thereon, are hereby set off from the town 
of Enfield and south parish, and annexed to the town of Green- 



Iijl8. Chap. 34— 35. 276 

Wich ; and the north parish, and all the lands lying south and 
west of the said line, which belonged to the north parish and 
the town of Greenwich, together with the inhabitants thereon, 
are hereby set oft', and annexed to the town of Enfield, south 
parish ; and the inhabitants so set oft" on either side, shall en- 
joy all the rights and privileges, and be subject to all the du- 
ties and requisitions in the towns and parishes to which they 
belong, as the other inhabitants of said towns and parishes. 

Sect. 3. Be it further enacted, That the inhabitants of said 
towns and parishes shall be holden to pay all taxes already as- taxe's!^*^ ° ' 
sessed, or voted to be raised, by either of the said towns or pa- 
rishes, previous to the passing of this Act, in the same manner 
as if the same had not been passed : Provided however, that no- 
thing in this Act shall affect the provisions of an Act passed 
February sixteenth, in the year of our Lord one thousand eight 
hundred and sixteen, for the support of paupers, between the 
towns of Enfield and Greenwich. [June 12, 1818.] 

An Act to incorporate the Proprietors of Mills on Manattiquot River, in Braintree. ^hCip. 3o» 

Sect. 1 . BE if enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Jonas Welsh, Nathaniel Thayer, 2d, Abraham Holbrook, Persons incoi-- 
James Holbrook, Abraham Thayer, and James Forster, with f'"'"^^*^ • 
their associates and successors be, and they are hereby made 
a corporation and body politic forever, by the name aiid style 
of the Proprietors of Mills on Manattiquot River; witn all the 
powers, privileges and immunities incident to a corporation ag- 
gregate ; and said corporation is hereby made capable in law 
of having, holding, purchasing, and taking in fee simple, or any 
less estate, by gift, grant, devise or otherwise, any lands, lene- po^^-ds, 
ments, hereditaments, or other estate, real, personal or mixed, 
necessary for the purposes contemplated in this Act. 

Sect. 2. Be it further enacted, That said corporation shall 
have full power, liberty and authority, to make the reserves of 
water wished by them, in the following described ponds, or any 
of them, viz. Houghton's Pond, so called, lying in Canton, be- course of wa- 
tween Braintree Great Pond and the Blue Hill, containing about ter reserves, 
thirty acres ; Cranberry Pond, so called, situated in the south- 
east part of Braintree, containing about thirty acres ; the Lit- 
tle Pond, so called, lying in the centre of the lov.'n of IBraintree, 
containing about seventy acres ; the Great Pond, so called, ly- 
ing partly in the south-west part of Braintree, and partly (about 
one eighth of the pond) in Randolph, estimated to contain one 
hundred and thirty acres. And said proprietors are hereby 
authorized and empowered, by themselves or their agents, in 
their corporate capacity, to erect suitable dams at proper pla- pams. 
ces, for said purpose, to preserve said dams in such repair as 
they may consider necessary to raise the water in said ponds 
as high as its original bounds, to lower the outlets of said ponds, 
and to draw off" such portions of said waters from any of said 
ponds, in such quantities, and at such times as they, or a maT 
jor part of them, or their special agent for that purpose, shall 
judge best for the interest of all concerned. 



276 



1818. 



Chap. 35 — i3. 



General pow 
ers. 



Proviso. 



Penalties. 



Sect. 3. Be it further enacted, That said corporation shall 
have a common seal, and be capable in law to prosecute and 
defend to final judgment and execution any action or other pro- 
cess, before any court, tribunal or magistrate whatever, and to 
do and perform all such other acts and things, as an aggregate 
corporation may or of right can do. And^they shall have pow- 
er to appoint a president, clerk, and such other officers and 
agents, and to make such by-laws and regulations as they may 
find necessary ; provided the same are not repugnant to the 
laws of this Commonwealth. 

Sect. 4. Be it further enacted, That if any person or persons 
shall wilfully or maliciously take up, remove, break down, dig 
under, or otherwise injure or destroy in any manner, said dams. 
or any of the gates or waste ways thereof, or any part of them, 
or shall impede or hinder said proprietors or their agents, in 
erecting, maintaining or repairing said dams, or any of them, 
or any of the gates or waste ways thereof, such person or per- 
sons shall forfeit and pay to said corporation, a sum not less 
than fifty dollars, nor more than one hundred dollars, accord- 
ing to the nature and aggravation of the injury done or com- 
mitted ; and such offender shall be further liable to indictment 
for such trespass ; and on conviction thereof, shall be senten- 
ced to pay a fine to the use of the Commonwealth, of not less 
than ten dollars, nor more than fifty dollars. 

Sect.[^.. Be it further enacted. That any three of the persons 

First meeting, named in the first section of this Act, may call the first meeting 

of said corporation, to be holden at such time and place as they 

may judge proper, they giving two days previous notice to the 

other proprietors therein named. 

Sect. 6. Be it further enacted. That in case any damages shall 
accrue to any person by flowing said pojids higher than by law, 
or ti.c provisions of this Act they are entitled to be flowed, such 
damage shall be paid by said corporation as is provided for and 
I795ch. 74.&C. given in the Art, entitled " An Act for ihe support and regula- 
tion of mills," and in the several Acts in addition thereto. 
[June 12, 1818.] 



Corporation 
liable against 
overflowing. 



Chap, 37. 

1817 ch. 90. 



Extension of 
power. 



€hap. 43. 



An Act in a<i(lition to an Act, entitled •' An Act to authorize the town of Hingham 

to sell certain Real E&tate," 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same. 
That the provisions of the Act, entitled '• An Act to authorize 
the town of Hingham to sell certain real estate," shall extend 
to all the lands within the said town of Hingham, held by the 
original proprietors of the township in common and undivided, 
and voted, by the legal representatives of the said original pro- 
prietors, to be given to the inhabitants, at a legal meeting, held 
by them, on the first Monday of April, in the year of our Lord 
one thousand seven hundred and eighty-eight, subject always 
to the conditions of the said vote. [Jan. 26, 1819.] 

An Act to incorporate the Salem Laboratory Company. 

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



1818. Chap. 43. -277 

That George S. Johonnot, John Punchard, and Isaiah Hacker, Persons incor- 
and all such persons as may hereafter associate with them, their P°rated. 
successors and assigns, being citizens of the United States, shall 
be, and they hereby are constituted a body politic and corpo- 
rate, by (he name of the Salem Laboratory Company; and by 
that name, may sue and be .sued, plead and be impleaded, de- 
fend and be defended, in any courts of record, or in anyplace 
whatsoever ; and shall and may do and suffer all matters, acts 
and things, which bodies politic ought to do and suffer; and 
shall have power to make, have and use a common seal, and General pow- 
the same again at pleasure to break, alter and renew ; and al- 
so to ordain and put in execution, such by-laws, ordinances and 
regulations, as to them shall appear necessary and convenient, 
for the government of said corporation, and for the prudent 
management of their property and affairs; provided, that such 
by-laws, ordinances and regulations shall not be repugnant to 
the laws of this Commonwealth : And the said company shall 
have all the powers and privileges, and be subject to all the 
duties co!itained in an Act, entitled " An Act defining (he gen- (1808 eh. €5.) 
eral powers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted. That the said corporation shall j^^ hold real 
be, and hereby is declared capable to have, hold and possess estate, 
lands, tenements and hereditaments, not exceeding in value the 
sum of sixty thousand dollars ; and may erect on the same, or 
any part thereof, all such buildings, furnaces, machinery and 
apparatus, as may be necessary and proper for making and 
manufacturing alum, Roman vitriol, aqua fortis, oil of vitriol, 
and any other chemical article or articles, capable of being 
manufactured on the premises ; and the said corporation is fur- 
ther authorized to hold and possess personal estate, not exceed- 
ing forty thousand dollars in amount ; the whole of which cor- 
porate property shall be divided into three thousand shares. 

Sect. 3. Be it further enacted, That the shares in the said Shares may be 
corporation may be sold and transferred, by deed duly ac- sold, 
knowledged by the proprietors thereof, and recorded by the 
clerk of said corporation, in a book to be kept for that purpose: 
And the said corporation are hereby authorized to raise such 
sums of money as may, from time to time, be necessary for ef- 
fecting the objects of said corporation, by equal and just as- 
sessments on the several shares therein ; and the time when 
such assessments become due and payable, shall be notified in 
one of the public newspapers printed in Salem, in the county 
of Essex, and also in one of the newspapers printed in Boston, 
in the county of Suffolk ; and the treasurer of said corporation 
is hereby authorized to sell at public vendue, the share or shares 
of any proprietor who shall neglect to pay the assessments laid 
thereon, when the same shall become due and payable, as afore- 
said, or so many of such shares as shall be necessary for that 
purpose, giving notice of the time and place of such sale, by 
publishing a notification thereof, in the newspaper in which the 
laws of this Commonwealth are ordered to be printed, for the 
time being ; and also in one of the newspapers printed in Sa- 
lem, aforesaid, thirty days, at least, before the time of such 



278 



1818. 



Chaf. 43—44. 



sale : And a deed of such share or shares, duly executed and 
acknowledged, by the treasurer, and recorded as aforesaid, 
shall be a valid conveyance of such delinquent proprietor's 
share or shares, to the purchaser thereof; and the surplus mo- 
ney, arising from such sale, if any remain, after paying the 
assessments due, and interest thereon, from the time when the 
same became due, and also all the charges and expenses of 
such sale, shall be paid to said delinquent proprietor, or his as- 
signs: Or the said corporation may recover the amount of such 
assessments and interest, with costs, in an action of debt, in any 
court having jurisdiction thereof, as they shall elect and deter- 
mine. 

Sect. 4. Be it further enacted, That the proprietors aforesaid 
shall meet, from time to time, and at such times as shall be pro- 
vided for, in their by-laws, for the purpose of electing such of- 
Electionof ficers as they shall lind necessary, and for transacting any oth- 
officers. gj. bygii^ggg relating to the objects of their incorporation ; and 

every proprietor present, or represented at any such meeting, 
shall be entitled to as many votes as he has shares ; provided 
however, that no proprietor shall, in any case, be entitled to 
more than twenty votes. 

Sect. 5. Be it further enacted, That the said George S. Jo- 
First meeting, honnot, is hereby authorized to call the first meeting of said 
corporation, by an advertisement in one of the newspapers, 
printed in Salem aforesaid, one week, at least, previous to said 
meeting ; at which first meeting, the proprietors present, shall 
choose a clerk, who shall be sworn, or affirmed, to the faithful 
discharge of his duties : And it shall be the duty of said clerk, 
to record this Act, the rules and by-laws of said corporation, 
and the proceedings of the proprietors, at every regular meet- 
ing, in a book to be provided for that purpose, and make all 
other records that may be necessary. [Feb. 1, 1819.] 

Chap* 44» ^^ ^^'^ establishing the Dividing Line between the towns of Wrenthara and Fox- 
borough, in tlie county of Norfolk. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same. 
That the following described line be in future established as 
the dividing line between the towns of Wrentham and Foxbo- 
Boundaries. borough, viz. beginning at a stake and heap of stones, at the 
corner of Attleborough and Mansfield, on the county line ; 
thence north, about five degrees east, by sundry marked trees, 
and other bounds, and through the westerly part of Shepard's 
Pond, two hundred fifty-three chains and twenty-six links, 
to a long stone, with stones around, on a rocky hill : thence 
north, twenty-six degrees, thirty minutes east, five chains and 
three quarters, to a high rock, with stones on it ; thence north, 
four degrees, ten minutes east, seventy chains and three quar- 
ters, to a flat rock, on the north side of the wny, leading from 
one of said towns to the other ; thence north, twenty-six de- 
grees east, thirty-eight chains, to Dedham Rock, (so called,) 
being the corner of Walpole : the farm formerly owned by 
Thomas Brastow, to remain to the town of ^Vrcntham, as ex- 



1818. Chap. 44—51. 279 

pressed in the Act incorporating the town of Foxborough. And 
wherever the line aforesaid, shall happen to divide the land of Locations, 
any inhabitant of said towns of Wrentham and Foxborough, all 
said land shall be subject to taxation in that town in which the 
present owner dwells, so long as it remains the property of him 
or his heirs. 

Sect. 2. Be if further enacted, That so long as the farm, for- 
merly owned by Thomas Brastow aforesaid, belongs to the 
town of Wrentham, said town shall repair the road from Flat road^!"° 
Rock, to the turnpike ; and the town of Foxborough from thence 
by the widow Tolman's, to the turnpike, near the house of 
Aaron Everett, Esquire ; and the town of Wrentham shall re- 
pair the Hopp Pole Road, (so called.) from the lurnpike, by 
said Everett's house, till it comes to the place where it is dis- 
continued by said town. [Feb. 3, 1819.] 

An Act repealing an Act to regulate the collection of Taxes in the town of Mar- C/hop* 47. 
blehead. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
cm Act passed on the nineteenth day of October, in the year of 
our Lord one thousand eight hundred and fourteen, entitled 
"An Act to regulate the collection of taxes in the town of Mar- (1814 ch. 72.) 
blehead," be, and the same is hereby repealed ; Provided how- 
ever, that this Act shall not be construed so as to prevent the 
present treasurer and collector of said town, from completing 
the collection of all such (axes as are already committed to him 
to collect, by the assessors of said town, in the same manner as 
though this Act had not been passed. [Feb. 4, 1819.] 

An Act in addition to an Act, entitled "An Act incorporating the President, Di- C/fiat), 48* 
rectors and Company of the New England Bank." ni'?ch AR 

BE it enacted by the Senate and House of Representatives, m 
General Court assembled, arid by the authority of the same, That 
the President, Directors and Company of the New England 
Bank, are hereby made capable in law, as a corporation, to 
have, hold, purchase, receive, possess, enjoy and retain, to them, 
their successors andassigns, lands, rents, tenements and heredi- 
taments, to the amount of seventy thousand dollars, and no 
more, at any one time, with power to bargain, sell, and dispose 
of the same. [Feb. 4, 1819.] 

An Act granting further time to the President, Directors and Company of the Paw- Chap, 51 . 
tucket Bank, to pay in the fourth instalment of their Capital Stock. 1813 ch 23 

BE it enacted by the Senate and House of Representatives, in 1814 ch. 65. 
General Court assembled, and by the authority of the same, That jgi? ch 68* 
the fourth instalment of twenty-five dollars, on each share of 
the capital stock of the Pawtucket bank, in lieu of being paid 
in at the time by law now prescribed, may be paid in, at the 
discretion of the stockholders of said bank, at any time within 
one year from the passing of this Act ; any thing in the several 
Acts concerning said bank, to the contrary notwithstanding. 
[Feb. 9, 1819.] 



280 1 H 1 8. Chap. 52. 

/"'A KO An Act to incorporate the town of Sandisfield and District of Southfield into one 

Sect. 1 . BE it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That from and after the tenth day of February, eighteen hun- 
dred and nineteen, the town of Sandisfield and district of South- 
field, in the county of Berkshire, be, and they are hereby unit- 
ed into one town, by the name of Sandisfield, upon the foilow- 
Conditions. ^"§ conditions, viz. : First, the district of Southfield shall be 
annexed to and united with the town of Sandisfield, and shall 
become one town, for and to all intents and purposes, on the 
tenth day of February, eighteen hundred and nineteen ; and 
shall thenceforth exercise and enjoy all the benefits, privileges 
and immunities, and shall be liable to all the charges, burthens 
and expenses of a town, except as is hereafter excepted. Sec- 
ond, the town of Sandisfield shall fulfil all its contracts, pay all 
debts and expenses which are or may be made, or may accrue, 
before the first Monday of March next, and shall pay the ex- 
pense and charges of all suits at law, which now are or may be 
commenced by said tovv'n, or against it, before the said first 
Monday of March next. Third, the district of Southfield shall 
fulfil all contracts, and pay all debts and expenses of said dis- 
trict, which arc now or m.iy be made, or which may accrue, 
before the said first Monday of March next, and shall pay the 
expense of all suits at law, which arc or may be commenced 
by or against said district, before the said first day of March 
next. Fourth, the district of Southfield may use, sell, or in any 
way dispose of their law- library, weights, scales, beams and 
measures, for their own use and benefit. Fifth, the district of 
Southfield shall raise and pay over to the town of Sandisfield, 
to be added to the school fund of said Sandisfield, a sum of mo- 
ney which shall be in the same proportion to the said school 
fund, as the property and polls of said district shall bear to the 
property and polls of said Sandisfield ; and the district of South- 
field shall pay the lawful interest on the sum so raised, from 
the fifteenth day of October, eighteen hundred and seventeen, 
to the fifteenth day of October, one thousand eight hundred and 
eighteen. Sixth, the district of Southfield shall raise and pay 
over to the town of Sandisfield, one further sum of seven dol- 
lars and fifty cents. Seventh, the district of Southfield shall 
deposit in the magazine of Sandisfield their military stock and 
camp equipage, which shall be equal to the military stock and 
camp equipage of the town of Sandisfield, in proportion to the 
number of militia, in the said district. 

Sect. 2. Be it further enacted, That the present selectmen of 
the town of Sandisfield be, and they are hereby authorized and 
empowered to issue their warrant in the month of February 
current, directed to the constables of the town of Sandisfield, 
Townmeeting. requiring them to notify and warn a meeting of the inhabi- 
tants of the town of Sandisfield, seven days at least before the 
first Monday of March next, to meet and assemble on the said 
first Monday of March next, at such place in said town, as the 



IB 18. Chap. 53. !18l 

said selectmen shall appoint, for the purpose of choosing town 
officers, and doing such other business as shall be expressed in 
the said warrant. [Feb. 8, 1819.] 



An Act to incoi-porate the First Baptist Society in tbc town of Longmeadow. y^nOp* Oo, 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Gideon Gardner, Abiel Pease, Theophilus Sweetland, porated. 
Thaddeus Billings, Thaddeus Billings, junior, Levi Billings, 
Daniel Billings, Ephraim Hunn, junior, Joseph Scott, Libni 
Hall, Amos Hull, Loring Lathrop, Abner Lard, Burgess Salis- 
bury, Jared Goodrich, Abner Salisbury, Nathaniel Goodrich, 
Alvin Hall, Daniel Porter, Daniel Porter, junior, Luther Mark- 
ham, William Wallace, Abiel Han-cock, Azariah Hancock, Zi- 
ba Crane, Daniel Austin, Levi Cadwell, Henry C. Fuller, Abel 
Pease, Hubbard Gardner, Nathaniel Waterhouse, Gideon Hunn, 
Isaac Pease, Seth Kiblre, Nathaniel Waterhouse, junior, Israel 
Markham, David Hunn, Oliver Dwight, Andrew Mcintosh, Ro- 
bert Mcintosh, Hezekiah Crane, Ebenezer McGregory, Ebe- 
nezer McGregory, junior, Joseph McGregory. Josiah Blodget, 
Samuel Billings, Jacob Hills, Jacob Hills, junior. Bishop Hills, 
Calvin Pease, Samuel Morgan, junior, Samuel Morgan, Shubael 
Pease, and Jeremiah Brown, with their families and estates, to- 
gether with such others, being inhabitants of said Longmea- 
dow, as may associate with them hereafter, for the same pur- 
pose, in the manner hereinafter described, be, and they are 
hereby incorporated into a religious society, by the name of the 
First Baptist Society in the town of Longmeadow ; with all the 
powers, privileges and immunitie-s, to which other parishes are 
entitled by the constitution and laws of this Commonwealth, for 
religious purposes only. 

Sect. 2. Be it further enacted, That any person in said town 

of Longmeadow, being of the Baptist denomination, who may, 

at any time hereafter, actually become a member of, and unite 

in religious worship with the society aforesaid, and give in his q , ,- 

Xfr her name lo the clerk of the town or parish, to which he or of membei'i!^ 

'she belongs, with a certificate signed by the minister or clerk 

of said society, that he or she has actually become a member 

of, and united in religious worship with the aforesaid Baptist 

society in Longmeadow, fourteen days previous to the town or 

parish meetings, to be held in the months of March or April 

annually, shall, from and after giving such certificate, with his 

or her polls and estate, be considered as part of said society : 

Provided hozvever, that such person shall be holden to pay their 

proportion of all money assessed in the town or parish, to which 

he or she belonged previous to that time. 

Sect. 3. Be it frirther enacted, That if anv member of said r„ 
• , 1 1, , ..• 1 .1 1 Terms of ^e- 

society shall, at any time, see cause to leave the same, and cession. " 

unite in religious worship with the parish in which he or she may 

reside, and shall lodge a certificate of such his or her intentions 

with the clerk or minister of said Baptist society, and also with 

the clerk of the town or parish in which he or she may reside, 

fourteen days at least, before the annual (own or parish meet* 

VOL. V. 36 



282 



1818. 



Chap. .03—56. 



FLust meeting, 



Chap. 56. 



Persons incojr- 
poratecL 



Trustees. 



Vacancies to 
b'e filled. 



General pow- 
ers. 



ing, to be held therein, in the month of March or April annxi^ 
ally ; and shall pay his or her proportion of all money assess- 
ed on said society previous thereto, such person shall, from and 
after giving such certificate, with his or her polls and estate, be 
considered as belonging to the town or parish in which he or 
she may reside, in the same manner as if he or she had never 
belonged to said Baptist society. 

Sect. 4. Be it further enacted. That any Justice of the Peace 
within the county of Hampden be, and he is hereby authoriz- 
ed, on application therefor, to issue a warrant, directed to some 
suitable member of said Baptist society, requiring him to notify 
and warn the members thereof, to meet at such time and place 
as shall be appointed in said warrant, to choose such officers as 
parishes in this Commonwealth are by law authorized to choose 
in the month of March or April, annually. [Feb. 8, 1819.] 

An Act to incorporate the Baptist Church in Cambridge, 

Sect. 1 . BE if. enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the samCj 
That William Brown, Elijah Cory, Timothy Cory, Josiah Coo- 
lidge, David Coolidge, Levi Farwell, David Richards Griggs^ 
Thomas Griggs, Stephen Griggs, John Greenleaf, James Hovey, 
Ebenezer Hovey, William Hovey, Samuel Hancock, Bela Ja- 
cobs, Calvin Morse, Simon G. Shipley, Cornelius Stone, Na- 
thaniel Stone, Daniel Stone. l']llis Prentiss, Nathan Palmer, and 
Abijah Stone, junior, with their polls and estates, together with 
such others as may hereafter associate with them, and their 
successors, be. and they are hereby incorporated as a religious 
society, by the name of the Baptist Church in Cambridge, with 
all the powers and privileges, and subject to all the duties of 
other religious societies, according to the constitution and laws 
of this Commonwealth. 

Sect. 2. Be it further enacted, That the members of the said 
society, shall annuall3% in the month of March, at a legal meet- 
ing, duly warned for that purpose, choose nine persons, to be 
trustees of the funds of the said society, six of whom, at least, 
shall be members of the said church ; and the said trustees 
shall hold their office for one year, and until others shall be 
chosen in their stead. 

Sect. 3. Be it further enacted, That whenever any vacancy 
shall happen in the board of trustees of the said societ3% by 
death, resignation, removal, or otherwise, the members of the 
said church, at any meeting legally warned, shall be authoriz- 
ed to fill such vacanc^^ within one month after it shall happen; 
and if the members of said church shall neglect so to do, the 
remaining trustees, by a major vote, shall have power to fill 
such vacancy. 

Sect. 4. Be it further enacted, That the trustees who may. 
from time to time, be chosen, according to the provisions of this 
Act, be, and they hereby are vested with power, by the name 
of the Trustees of the Funds of the Baptist Church in Cam- 
bridge, to demand, sue for, recover, receive, and manage, all 
property, whether real, personal, or mixed, which now does or 



iai8. Chap. 56. 283 

hereafter may constitute the funds of the said church, or any 
part thereof, and all securities for, and evidences of such pro- 
perty, and to receive and manage for the use and benefit of the 
said church, all subscriptions, donations, grants, bequests, de- 
vises, and appropriations, that may be made to the said church ; 
and shall apply the proceeds and income thereof, to the use of 
the ministry in said church, or to repair, alter, or enlarge the 
meeting-house, as they shall, from time to time, be directed by 
the said church : Provided^ that the annual income of the said 
funds shall not, at any time, exceed four thousand dollars. 

Sect. 5. Be it further enacted, That the said trustees may as- 
semble and meet as often as they may think necessary, for the 
discharge of their trust ; any six of whom, shall constitute a 
board for doing business ; but the concurrence of four, at least, ^"^''''se^' 
shall be requisite to every act and procedure whatever; they 
shall determine the manner of calling their meetings ; they shall 
appoint a treasurer and clerk, and other needful officers and 
committees; they may make rules and by-laws for the govern- 
ment of themselves and their officers, and annex penalties for 
the breach thereof, not repugnant to the laws of this Common- 
wealth ; they may have a common seal, and change the same 
at pleasure ; they may alienate by deed or deeds, any real es- 
tate, the title whereof may be vested in them by way of mort- 
gage, execution, or operation of law ; and all instruments sign- 
ed by the clerk and treasurer, in conformity with a vote of said 
trustees, and sealed with their seal, duly acknowledged, shall 
be good and valid. 

Sect. 6, Be it further enacted, That the clerk of the trustees 
aforesaid, shall be sworn to the faithful discharge of the duties ^^ 
of his office ; shall have the care and custody of all papers and their duties, 
documents, excepting bonds, notes, mortgages, and other secu- 
rities for debts belonging to the trustees; shall record all their 
votes and proceedings in a book to be kept for that purpose ; 
shall make and certify copies of the same, when thereunto re- 
quired ; shall call meetings of said trustees, when he may think 
it necessary, or when thereto directed to by said trustees; and 
do whatever else may be incident to his office. 

Sect. 7. Be it further enacted, That the treasurer of the trus- 
tees aforesaid, shall have the care and custody of all bonds, 
notes, mortgages, and other securities for and evidences of 
debts due to the trustees; and shall give bond to the trustees AccountabU:- 
and their successors, with sufficient sureties, to be approved by ty. 
them, in such penal sum as they shall require, not less than 
double the amount of the fund which they may then possess in 
their said capacity, with condition to do and perform all the 
duties incumbent on him as treasurer; and he shall render an 
account of his doings, and of the state of the said fund, when- 
ever he shall be thereto required by the trustees. 

Sect. 8. Be it further enacted, That it shall be the duty of the 
said trustees to use, manage, and improve such fund or estate, 
as shall be vested in them by virtue of this Act, with care and 
vigilance, so as best to answer and promote the design and will 
of the respective donoTS ; and the said u-U£tees shii!l be ac- 



284 18 Iff. Chap. .56—57. 

countable to the Baptist church in Cambridge aforesaid, for 
negligence or misconduct, in the management or disposition 
thereof, whereby the same may be impaired or suffer diminu- 
tion ; and the Baptist church aforesaid may have and maintain 
Special ac- ^ special oction of the case against any member or members of 
tioDs. the board of trustees aforesaid, who may be guilty of any such 

negligence or misconduct, jointly or severally, and recover 
adequate damages therefor; and any sum so recovered, shall 
be appropriated to increase said fund, ant! paid to the treasurer 
accordingly. 

Sect. 9. Be il further cnaclcft, That the aforesaid Williani 
Brown, David Coolidgc, and Levi Farvvell. or any two of them. 
I'kst meeting, are hereby authorized and directed to notify and warn the first 
meeting of the Bajjtist church in Cambridge aforesaid, which 
shall be held on the second Monday of March next. [Feb. 8, 
1819.] 

\JlOfp» 57a An Act to incorporate the Gloucester Fishing Company, in the town of Glouces-' 
ter. 

Sect. 1. BE it enacted by the Seriate and House of RepresentU" 
lives, ill General Court assembled, and by the authority of the samcj 
■a ■ That William Pcarce, William Saville, Benjamin K. Hough, 

porated. Israel Trask, AVilliam Babson, junior, Zachariah Stevens, Wil- 

liam Pearcc, junior, William W. Parrot, and Samuel Pcarce, 
all of Gloucester, and their associates, successors and assigns, 
be, and they hereby are constituted a body corporate and po- 
litic, by the name of the Gloucester Fishing Company ; and the 
said corporation, by the same name, are hereby declared and 
made capable in law to sue and be sued, to plead and be im- 
pleaded, to have a common' seal, and the same to alter and re-' 
new at pleasure ; to make I'ules and by-laws for the regulation 
and management of the concerns of said company, consistent 
with the laws of this Connnonwcalth, and of the United States.. 
Capital stock. Sect. 2. Be it further enacted, That the capital stock of said 
company, shall consist of twenty-five thousand dollars, in shares 
of one hundred dollars each, with liberty to extend their ca- 
pital to fifty thousand dollars. The amount subscribed and 
paid shall be invested in vessels and materials necessary to 
carry on the cod and other fisheries; fifteen per centum ot 
which, may be invested in '-eal estate necessary to make and 
cure their fish, and for the accommodation of their vessels : 
Fioviso.- provided however, that no authority shall be had by virtue of 

this Act, until the sum of twcnly-fivc thousand dollars afore- 
said, shall have l)ccn actually paid. 

Sect. 3. Be it further enacitd, That the affairs of said corn- 
Officer?, pany shall be managed by five directors, to be chosen by the 
stockholders, on the first Monday of January annually ; and 
the directors so chosen, shall have liberty to appoint an agent 
to superintend the aifairs of said company ; and all purchases 
made and enga2;emenls entered into by the said agent, when 
sanctioned by the directx^rs aforesaid, shall be binding on said 
company. At all m.eelings of the stockholders for the choice 
of directors or for other purposcs^the number of votes to wliicii 



J 8 18. Chap. 57—59. 28.5 

rach stockholder shall be entitled, shall be according to the 
number of shares he shall hold in the following proportions ; 
that is to say, for one share, one vote ; and every two shares 
above one, shall give a right to one vote more ; provided, no 
one member shall have more than ten votes ; and absent mem- 
bers may vote by proxy, being authorized in writing. 

Sect. 4. Be it further enacted. Thai whenever in the opinion _ . ., 
of the directors of said company, it shall appear for their mte- 
rest, any part of the vessels and stock of said company maybe 
employed in commercial pursuits, connected with and arising 
out of those of fishing, conforming themselves to the laws of the 
United States and of this Commonwealth. 

Sect. 5. Be it further enacted, That no dividend shall be Dividends-, 
made by the company aforesaid, except of their annual profits; 
and in no instance shall a dividend be made to impair the ca- 
pital stock actually paid in. 

Sect. 6. Be it further enacted, That WilHam Pearce, William 
Saville, and Benjamin K. Hough, be, and they hereby are em- p.^^^. ^^^ ^.^_^ 
powered, to call the first meeting for the choice of directors, as "' 

soon as convenient, after the passing of this Act, by posting up 
notices at one or more places within the town of Gloucester, at 
least seven days before said meeting. 

Sect. 7. Be it further enacted, That this Act shall continue, Limitatioir, 
and be in force for the term of twenty years. Provided how- Proviso. 
ever, that whenever a majority shall agree thereto, the stock of 
said company may be divided, they first paying all debts, dues 
and demands, against them. 

Sect. 8. Be it further enacted, That v.'henever any action 
shall be commenced against said corporation, or whenever any 
execution may issue against such corporation on any judgment 
rendered in any civil action, and the said corporation shall not, 
within fourteen days after demand thereof made upon the pre- 
sident, treasurer, or clerk of such corporation, by the officer, to 
whom the writ or execution, against such corporation, has been niay b^e^attach- 
committed to be served, shew to the same officer, sufficient real ed. 
or personal estate to satisfy any judgment, that may be render- 
ed upon such writ, or to satisfy and pay the creditor, the sums 
due upon such executions, then and upon such neglect and de- 
tank, the officer to whom such writ and execution may have 
been committed for service, shall serve and levy the same writ 
or execution, upon the body or bodies, and real and personal 
estate or estates, of any member or members of such corpora- 
tion. [Feb. 8, 1819.] 

An Act establishing The Dover Iron Coir.pany. CJuip. 59. 

Sect. 1. BE it enacted by the Senate and House (f Representa- 
tives, in General Court asse?nbled, and by the authority of the same, 
That John H. Rice, Samuel Fisher, junior, Timothy Allen, Persons incor- 
junior, Frederick Barden, John Williams, Nathaniel Chicker- porated. 
ing, Joseph Clark, Daniel Adams, and Daniel Chickering, 
together with such other persons as have associated, or may 
hereafter associate with them, their successors and assigns, 
be, and they hereby are made a corporation, by the name of 



286 1818. Chap. 59—69. 

the Dover Iron Company, for the purpose of rolling and slit- 
ting iron and manufacturing nails, and other modifications of 
iron, in the District of Dover, 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 in the year of our Lord one thousand eight 
(1803 ch. C5.) hundred and nine, entitled " An Act defining the general pow- 
ers and duties of manufacturing corporations." 

Sect. 2. Be it further enacted, That the said Corporation 

may be lawfully seized of such real estate, not exceeding the 

May hold real value of fifty thousand dollars, and such personal estate, not 

estate. exceeding sixty thousand dollars, as shall be necessary and 

convenient for establishing and carrying on the manufactories 

aforesaid. [Feb. 11, 1819.] 



Chap. 62. 

1815 ch. 74. 



An Act for changing the name of the Second Congregational Society in Charles- 
town. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
from and after the passing of this act, the name of the Se- 
cond Congregational Society in Charlestown, shall be chang- 
ed, and the said society shall be known and called by the 
name of the New Church in Charlestown ; any thing in the 
act incorporating said society, to the contrary notwithstand- 
ing. [Fc6. 11, 1819.] 

Chan 64 An Act in addition to an act, entitled "An Act {^ranting to John L.Sullivan, 

"* * a term of time for the use of his Patent Steam Tow Boats on Connecticut Riv- 

1814 ch. 92. er, within this Commonwealth." 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
the proviso in the act, passed on the seventh day of February, 
in the year of our Lord one thousand eight hundred and fif- 
teen, entitled " An Act granting to .John L. Sullivan a term of 
time for the use of his Patent Steam Tow Boats on Connecti- 
cut River, within this Commonwealth,"' be, and the same is 
hereby extended to a further period of two years. [Feb. 11, 
1819.] 

Chan 69. -^'^ '^^^ to incorporate the First Baptist Society in Danvers. 

Sect. 1. BE it enacti:d by the Senate aiid House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same, That Andrew Bachelder, Martin Bates, Michael Barry, 
Moses Black, .James Carr, Benjamin Chaplin, Thomas Chee- 
ver, Caleb Clarke, Parker Cross, John Doak, George Ellis, 
Solomon Emerson, Israel Endicot, George Ervin, Levi Fish, 
Benjamin Foster, William Francis, Elijah Fuller, Timothy 
Persons incor- Fuller, Danicl Goodhue, Allen Gould, Andrew Gould, Daniel 
poraicd. Hardy, Stephen Haynes, Israel Hutchinson, Aaron Jacobs, 

Ebenezcr Jacobs, Henry Johnson, William Johnson, Her- 
cules H. Josselyn, John Kenny, Benjamin Kent, Benjamin 
Kent, junior, Joseph Kent, John Kent, Robert Lefavor, 
Nathaniel Mayhcw, Samuel M'Intire, .Jonathan M'Intire, 
John Mitchell. William Movrris, Amos Osborn, Jeremiah 



iai8. Chap. 69. %WI 

Page, John Page, Benjamin Perry, Allen Peabody, Samuel 
Pindel, John Porter, Jonathan Proctor, Amos Putnam, Allen 
Putnam, Andrew Putnam, Jeremiah Putnam, John Putnam, 
Thomas Putnam, Parker Richardson, Briggs D. Reed, William 
Shillaber, Samuel Slater, Ephraim Smith, Joseph Stearns, 
Seth Stetson, Timothy Stevens, Asa Stickney, Thomas Sy- 
monds, William Trask, Daniel Upham, Benjamin Webb, Na- 
thaniel Webb, Nathaniel Webb, junior, Samuel Whipple, Ste- 
phen Whipple, Amaziah Whitney, Noah Whitticr, and Moses 
W. Wilson, all of Danvers, together with such others, being 
inhabitants of Danvers, as may hereafter associate with them, 
and their successors, for the purpose of religious worship 
only, be, and they are hereby incorporated, as a religious so- 
cietj^, by the name of the First Baptist Society in Danvers, 
with all the powers, privileges, and immunities, to which oth- General pow- 
er religious societies are entitled by the constitution and laws 
of this Commonwealth J and the polls and estates of all per- 
sons who are members of said society, shall be taxable there- 
in, for all parochial purposes. 

Sect. 2. Be it further enacted, That any person living in 
the town of Danvers, who may be desirous of becoming a 
member of said Baptist Society, and shall declare such inten- 
tion in writing to the clerk of the religious society to which he Membership, 
or she belongs, fifteen days before the annual meeting in the 
month of March or April, and shall produce a certificate from 
the clerk of the said Baptist Society, that he or she has unit- 
ed with them in religious worship, such person shall be con- 
sidered, with his or her polls and estate, as a member of said k 
Baptist Society. 

Sect. 3. Be it further enacted. That when any member 
of said Baptist Society shall be desirous of becoming a mem- 
ber of any other religious society in the said town of Danvers, 
and shall declare such intention in writing, given to the clerk 
of said Baptist Society, fifteen days before the annual meet- conditions of 
ing in the month of March or April, and shall also produce a stcession. 
"Certificate from the clerk of the society, to which he or she 
wishes to be annexed, that he or she has united with them in 
religious worship, such person shall be considered, with his 
or her polls and estate, as a member of such other society: 
Provided hon^ever, that all i)ersons shall be holden to pav r, 

I- -rii ,- icii ii'^ Proviso. 

their proportion ot at! sums of mono}', lawiully granted by 
either of the societies in said town of Danvers, while such 
person continued a member of the same. 

Sect. 4. Be it further enacted, That any Justice of the 
Peace for the County of Essex, upon application therefoi-, is 
hereby empowered to issue a warrant, directed to a member 
of the said Baptist Society in Danvers, requiring him to no- First meeting 
lify and warn the members (hereof, to meet at such conve- 
nient time and place, as shall be appointed in said warrant, 
for the election of such oflicers, as parishes are by law re- 
quired to choose at their annual parish meetings, and to do 
such other parochial business as may be expressed in said 
warrant. [Feb. 12, 1819.] 



288 1B18. Chap. 70—71. 

Ohctn, 70. An Act ro set off Caleb Faxon, with his family and estate, from the town of 
Dorchester, and annex them to the town of Quincy. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled^ and by the authority of the same, That 
Caleb Faxon, with his family, polls and estate, be, and they 
hereby are set oft' from the town of Dorchester, and annexed 
to the town of Quincy, in the County of Norfolk ; and the 
said Caleb Faxon shall hereafter be considered an inhabitant 
of the town of Quincy, and shall there exercise and enjoy all 
the rights and privileges, and shall also be subject to the like 
duties and requisitions as the other inhabitants of said town: 
Provided, that the said Caleb Faxon shall be holden to pay all 
taxes legally assessed on him by the town of Dorchester, pri- 
or to the passing of this act. [Feb, 12, 181 9. J 

f^hnn 71 An Act to incorporate the President, Directors and Company of the Commer- 

Sect. 1. BE it enacted by (he Senate and House of Repre' 
sentatives, in General Court assembled, and by the authority of the 
same. That Benjamin Pickman, junior, Benjamin W. Crownin- 
shield, Nathaniel West, Joseph Story, Thomas Saunders, Jon- 
athan Neal, Nathaniel Bowditch, George Cleveland, Willard 
Peele, Pickering Dodge, Charles Saunders, William Fetty- 
I'evsons incor- placc, Gideon Barstow, Stephen White, Nathaniel West, ju- 
porated. nior, Nathan Robinson, 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 
Commercial Bank ; and shall so continue, until the first Mon- 
day of October, which will be in the year of our Lord one 
thousand eight hundred and thirty-one; and the said corpo- 
Ruies. ration shall always be subject to the rules, restrictions, limi- 

tations, taxes and provisions, and be entitled to the same 
rights, privileges and immunities, which are contained in an 
riRii ch. 82.) act, entitled " An Act to incorporate the President, Directors 
and Company of the Merchants' Bank," in Salem, except in 
so far as the same are modified or altered, by this act, as ful; 
ly and eftectually, as if the several sections of said act were 
herein specially recited and enacted. 

Sect. 2. Be it further enacted, That the capital stock of 
the said corporation shall consist of the sum of three hundred 
thousand dollars, in gold and silver, divided into shares of 
Capital Stock. Qpg hundred dollars each, which shall be paid in at three 
equal instalments ; the first on or before the fifteenth day of 
April next; the second instalment on or before the fifteenth 
day of September next ; and the remaining instalment, on or 
Dividends. ])efore the first daj' of February next; and that no dividend 
shall be made or declared on the capital stock of said bank, 
until the whole of said capital stock shall have been paid in, 
conformably to the provisions of this act. And the stockhol- 
Disposition of dcrs, at their first meedng. shall, by a majority of votes, de- 
Stock, termine the mode of transferring and disposing of the said 
stock, and the profits thereof; which being entered in the 
books of the said corporation, shall be binding on the stock- 
holders, their successors and assigns, until they shall other- 



iai8. -Chap. 71—73. 289 

wise determine. And the said corporation are hereby made 
capable in iavv to have, hold, purchase, receive, possess, en- 
jov and retain to them, (heir successors and assigns, lands, 
tenements and hereditaments, to the amount of twenty thou- ^fay hold real 
sand dollars, and no more, at anyone time; with power to ^^ ^ ^* 
bargain, sell, and dispose of the same; and to loan and nego- 
ciate their monies and eflects, by discounting on banking prin- 
ciples, on such security as they shall think advisable: Pro- Proviso, 
vided hozaever, that nothing herein contained, shall restrain or 
prevent said corporation from taking and holding real estate, 
on 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 the vaults, shall amount to 
seventy-five thousand dollars. 

Sect. 3. Be it further enacted^ That the said bank shall be Location, 
established and kept in the town of Salem. 

Sect. 4. Be it further enacted, That whenever the Legis- 
lature shall require it, the said corporation shall loan to the 
Commonwealth any sum of money which may be required, j^^g^jjgjQgff^tg^ 
not exceeding ten per centum of the capital stock, then actu- 
ally paid in, at any one time, reimbursable by five annual in* 
stalments, 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 stand indebted to such 
corporation, without their consent, for a larger sum than twen- 
ty per centum of the ir capital, then paid in. 

Sect. 5. Be it further enacted, That Pickering Dodge, 
Wiliard Peele, and William Fettyplace, or any two of them, 
are authorized to call a meeting of the members and stock- 
holders of said corporation, as soon as m^y be, at such time MeetirK^ fov 
and place as they may see fit to appoint, by advertising the choice of offi- 
same in the two newspapers printed in the town of Salem, '^^'*' 
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 ne- 
cessary, and the choice of the first board of directors, and 
such other officers as they shall see fit to choose. 

Sect. 6. Be it further enacted^ That the Commonw-ealth 
shall have a right, whenever the Legislature shall make pro- Common- 
vision therefor, by law, to subscribe, on account of the Com- wealth's stock. 
monwealth, a sum not exceeding one half part of the capital 
stock, actually paid in, to be added to the capital stock of said 
corporation, subject to such rules, regulations and provisions, 
as to the management thereof, as shall be by the Legislature 
made and established. [Feb. 12, 181 9.] 

An Act ill addition to an Act, entitled "An Act for establishing a Corporation, OlflO. 73. 
by the name of the Eighth Massachusetts Turnpike Corporation." 1799 h 48 

Sect. 1. BE it enacted by the Senate and Hoiise of Represen- (V. 2. p. 354.) 
VOL. V. 37 



290 



1818. 



Chap. 73—76. 



PriTilege. 



Alteration of 



(Altered by 
1820 ch. 71.) 



Road discon- 
tinued. 



Chap. 16. 



Persons incor 
porated. 



General pow 
er*. 



tatives, in General Court assembled, and by the authority of ihf 
same, That the proprietors of the Eighth Massachusetts Turn' 
pike Corporation, shall, from and after the passing of this act^ 
have leave to discontinue all that part of said road, from the 
place where the Becket Turnpike unites with said Eighth 
Massachusetts Turnpike, near the dwelling house of Daniel 
Sherman, in Becket, in the County of Berkshire, to the line 
of the town of Pittsfield, in said county. 

Sect. 2. Be it further enacted, That the said Corporation 
be, and they hereby are authorized to alter the course and 
direction of their road, from the foot of Becket Mountain, be- 
ginning on the flat, near the west branch of Westfield Riverr 
about half a mile west of the dwelling house of Uriah Ferfy; 
thence running upon or near said river, so far west as the east 
line of the Becket Turnpike ; and may purchase and hold 
land, over which they may make the same. And the Circtiit 
Court of Common Pleas, in the county where the road is, 
are hereby authorized, upon application of said corporation, 
to lay out the same road, in the manner provided in the act 
to which this is in addition. And unless said corporation shalb 
within two years from the passing of this act, appropriate, 
lay out, and expend the sum of two thousand dollars, towards 
the locating, building, and making the said last mentioned 
road, they shall, from that time, be entitled to receive at their 
middle gate, so called, only one half of the amount of toll which 
they are now authorized to take at said gate. 

Sect. 3. Be it further enacted, That the Circuit Court of 
Common Pleas, in either of the Counties of Hampden or 
Berkshire, are herel)y authorized to appoint a committee, to 
lay out the whole of said road, lying partly in each of the said 
Counties of Hampden and Berkshire: And when said road 
shall be made and completed, to the acceptance of the Court, 
who may appoint said locating committee, that part of the 
old turnpike road, lying between the dwelling house of said 
Daniel Sherman and the foot of Becket Mountain, shall be 
discontinued. [Feb. 13, 1819.] Further act— 1820 ch. 71. 

All Act to incorporate the Proprietors of Merchants' Hall, in Boston. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Thomas K. Jones, William Dehon, and Thomas 
Brewer, all of Boston, and their associates, successors and as- 
. signs, be, and they hereby are constituted a body politic and 
corporate, by the name of the Proprietors of 3Ierchants' Hall ; 
and the said corporation, by the same name, are hereby de- 
clared and made capable in law, to sue and be sued, plead 
and be impleaded ; to have a common seal, and the same to 
alter and renew at pleasure ; to make rules and by-laws for 
the regulation and management of the estate herein after de- 
scribed, consistent with the laws of the Commonwealth ; and 
generally to do and execute whatever, by law, doth or may 
appertain to bodies politic and corporate, within the meaning 
3nd intent of thi§ act. 



18ia. Chap. 76. 291 

Sect. 2. Be it further enacted, That the said corporation 
he, and the same hereby is declared and made capable to 
have, hold and possess, all that certain real estate, situate in May hold real 
said Boston, bounded and descril>ed as follows, viz. : West- estate, 
wardly on Congress street, there measuring thirty-three feet 
■six inches ; northwardly on a lane or passage way, there 
-measuring one hundred and twenty feet ; eastwardly on land 
of William Phillips, Esquire, there measuring thirty-four feet 
«even inches ; and southwardly on Water street, there mea- 
suring one hundz-ed and twenty-five feet six inches; or howev- 
er otherwise bounded, together with all the rights, privileges 
and appurtenances thereof; provided, the lawful proprietors Proviso, 
thereof shall legally convey the same to the said corporation. 
And the said corporation shall have power to sell, grant and 
■alien in fee simple, or otherwise, their corporate property, or 
any part thereof, within the said described limits, and to lease, 
manage and improve, build, rebuild or alter the same, accord- 
ing to the will and pleasure of said corporation, expressed at 
any legal meeting by the said associates, or their assigns, or 
the major part of them. 

Sect. 3. Be it further enacted. That the said corporate 
property shall be divided into shares, not exceeding five hun- Corporation 
dred in number, as the said corporation may find to be most Shares. 
expedient ; and the said shares shall be divided among the 
several proprietors, according to the interest and portions 
which they may respectively have in said corporate proper- 
ty; and certificates of such shares shall be signed by the 
president of the corporation, and issued to the proprietors ac- 
cordingly, and shall be transferable by assignment on the shares trans- 
back thereof; and the property in the same shall vest in the ferabie. 
assignee or vendee thereof, when a record of such assignment 
shall be made by the clerk of the corporation ; whereupon 
new certificates shall issue accordingly ; and the shares in 
said corporation shall, in all respects, and at all times, be held 
and considered as personal estate. 

Sect. 4. Be it further enacted. That the said corporation 
shall have power, from time to time, to assess such sums of 
money, as at any legal meeting, held and notified for (hat pur- -^^^^^s"^'^""' 
pose, may be deemed necessary, for building, rebuilding and 
repairing, or altering any buildings whatever, on the land 
within the said described limits, or for the improvement or 
ratianagement of the corporate estate, agreeably to the true in- 
tent of this act. And in case any pro])rictor shall neglect or 
refuse to pay any assessment so laid, the said corporation may Delinquent 
cause such of the shares of such proprietors, as may be suf- g^fj,^^ '"^^ ^ 
ficient therefor, to be sold at public auction, after ten days no- 
tice in a public newspaper, printed in Boston, to the highest 
bidder ; and after deducting the amount assessed and unpaid, 
together with the charges of sale and advertisement, the 
surplus, if any, shall be paid over to such proprietors; and 
the purchaser of such share or shares shall be entitled t ) re- 
ceive a certificate of the -share or shares, by him purchased 
accordingly.. 



2^2 



J818. 



Chap 76.— 80, 



LLaliility, 



First meeting. 



Offircrs to be 
chosen. 



Oiap. 77. 



Sect. 5. Be it further enacted, That the real estate of saifl 
corporation shall be liable for the debts of the corporation, and 
to attachment and execution, on any judgment against said 
corporation; and said corporation shall possess the right in 
equity of redeeming the same, appertaining by the laws of 
the Commonwealth to other real estate. 

Sect. 6. Be it further «nrtc/ef/. That said Thomas K. Jones^ 
William Dehon, and Thomas Brewer, or either of them, may 
call a meeting of said corporation, by advertisement in a pub- 
lic newspaper printed in Boston, ten days at least before the 
time of meeting ; and the said corporation may, at such, or 
any other meeting, agree on the n)ode of calling future meet- 
ings, and shall elect a president and clerk, and all such oiker 
oihcers as they may deem necessary for conducting their cor- 
porate affairs and estate ; and the same may change and re- 
move, a» the corporation shall think fit. [Feb. 15, 1819.] 



Pr.jsons incor 
porated. 



General pow- 
ers. 



All Act to incorporate the Ncwlniryport Howard B(:ncvol8nt Society. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That Thomas M. Clark, John Pearson, Henry iVierritt, 
Richard Bartlett, and Samuel Tcnny, togeiher with such 
others as arc, or may hereafter be associated with them, be, 
and they hereby are incorporated into a society, by the name 
of the Newburyport Howard Benevolent Society ; and by that 
name, shall be a corporation forever ; with power to have a 
common seal; to make contracts relative to the objects of 
their institution ; to sue and be sued; to establish by-laws and 
orders for the regulation of the society, and the preservation 
and application of the funds thereof; to take, hold, and pos- 
sess any estate, real or pei'sonal, by subscription, gift, grant, 
purchase, or otherwise ; and the same to lease or otherwise 
improve, and sell and convey, for the sole benefit of said in- 
stitution; provided^ that the said by-laws be not repugnant to 
the constitution and laws of this Commonwealth; and that the 
value of the said estate shall not exceed ten thousaml dollars ; 
and that the funds of snid society shall always be improved 
and appropriated to the humane jjurposcs of relieving the dis- 
tresses of the poor, the sick, and the aged. 

Sect. 2. Be it further enacted. That the tin;c and place of 
the first meeting of said societ}^ may be appointed by Tho- 
Fiist meeting, mas M. Clark, by his giving notice thereof, in the Newbury- 
port Herald, printed in Newburyport; and at such meeting, 
the said socicly may agi-ee uj^on (heir mode of calling future 
meetings, and establish by-laws to regulate said society, [f^eb. 
15, 1819.] 



Fvoviso, 



Chap. 80, 



Persons incor- 
porated. 



An Act to incoipoiate tho Ea^t Parish in Randolph. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the sa7ne. 
That Bailey White, Samuel Ctu'tis, Isaac White, Isaac Whit- 
comb, Asa Belcher, 2d, Isaac Thayer, 2d, Samuel Newcomh, 
Asa Porter, Nathan Peudcrgras-s, Nathaniel Belcher, Thomas 



18 J 8. Chap. 80. 293 

Belcher, junior, Samuel Pendcrgrass, Ariel Paine, Daniel Fax- 
on, Asa Reef], Shnbael Clark, Nathan Johnson. Epiiraim Whit- 
comb, Rodolphus Porter, Jonathan White, Robert Thajer, 
John Thayer, Nathaniel Hunt, 2d, Silas Paine, junior, John 
Porter, Robert Pratt, junior, Nathaniel Belcher, junior, Elisha 
Beicher, Jonathan Hunt, Abner W. Paine, Simeon Whitcomb, 
Joseph White, William Linfield, William Madden, Richard 
Belcher, junior, David White, Elijah Por(cr, Davis Thayer, 
Joseph Thayer, Richard Belcher, Timothy Thayer, Elisha 
Thayer, Asa Belcher, Thomas Belcher, Benjamin Pratt, Silas 
Paine, Benjamin Paine, junior, Coi-nelius White, Jacob Clark, 
John Adams, Jedediah French, Joseph Belcher, junior, Ca- 
leb W^hite, Ebenezer Thayer, Jeremiah Belcher, Ephraim 
Lincoln, Enoch Penniman, Zenas Thayer, Nathaniel Paine, 
Levi Thayer, David Whitcomb, Simeon JiVhite, Thaddeus 
French, and Sylvanus French, with theit polls and estates, 
together with such persons as may hereafter associate with 
them, within the town of Randolph, as herein after provided, 
be, and they are hereby incorporated, and made a body poli- 
tic and religious society, by the name of the East Parish, in 
Randolph; and by th.jt name may sue and be sued; and the ^°^^'^''^' 
said corporation is hereby invested with all the powers and im- 
munities, to which other religious societies are entitled by the 
constiluiion and laws of this Commonwealth, for religious jjur- 
poses only ; and the said corporation is hereby authorized and 
empowered to take, purchase, and hold all real and personal May hold real 
estate, necessary and convenient to said corporation, as such '*"'^'P^^*°"^^ 

" . . ■ N ^ estate 

religious society. 

Sect. 2. Be it furlher enacted, That all persons who dwell 
within the town of Randolph, and within one mile of the meet- 
ing house, now erected in said East Parish, may become a 
member of said religious society, on or before the first day of Conditions ot 

^ o ^ «/ ' ^ joiuins society^ 

December, in the year of our Lord one thousand eight hun- 
dred and nineteen, on applying to the clerk of said society, 
and depositing with that officer a written declaration of inten- 
tion to become such member, and delivering to the clerk of 
the parish or society, in I he westwardly part of Randolph, a 
certified copy of such declaration. 

Sect. 3. Be it further enacted, That all persons who shall 
remove into the town of Randolph, and dwell w^ithin one Rigln of bc- 
mile of the East Parish meeting house, may, within six months |^g^"'"° '"^""' 
after having so removed into said town, become members of 
said religious society hereby incorporated, on depositing with 
the clerk of said society, a written declaration of their assent 
to become &uch members. 

Sect. 4. Be it further enacted, That all the male inhabi- 
tants in the town of Randolph, v/ho may hereafter attain to the 
age of twenty-two years, and who shall actually dwell and 
have their homes within one mile of said East Parish meeting Persons Ccchi- 
house, shall be deemed to be, and considered as members of ^^ members, 
said religious society, unless such male inhabitants shall have dissent!''^^ 
deposited with the clerk of said society, a declaration in writ- 



294 1818. Chap. 80—85. 

ing, of dissent to being deemed and considered such mem- 
bers. 
Taxes to be Sect. 3. Be it further enacted, That the inhabitants of said 

paid. East Parish shall be holden to pay their proportion of all 

taxes, which have been already assessed by the town of Ran- 
dolph, for parochial purposes. [Feb. 15, 1819.] 

Chap, 82. An Act discharging the Union Turnpike Corporation from their liability to main- 
tain part of said road. 
1803 ch. 98. __; . , , , -^ 1 rr /• n • • 

(V. 3. p. 343.) BL it enacted by the n^enate and House of Hepresentatives, in 
1805 ch. 17. General Court assembled, and by the authority of the same, That 

1808 ch'! 30. from and after the passing of this act, the Union Turnpike Cor- 

1809 ch. 124. poration be, and they hereby are forever discharged from their 

liability to repair and maintain all that part of the said turn- 
pike road, laying eastwardly of its intersection with the coun- 
ty road, leading'from Groton to Concord, in the County of 
Middlesex ; any tTiing in their act of incorporation to the con- 
trary notwithstanding. [Feb. 15, 1819.] Further act — 1819 
ch. 80. 

Chnn H'X •^" •^^'^ '^ repeal all laws heretofore made, for regulating the Alewive Fishery, in 
Lfliaj), oo. jj^g towns of Bridgewater and Halifax, in the County of Plymouth. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, That 
all the laws heretofore made, for regulating the alewive fish- 
ery, in the towns of Bridgewater and Halifax, in the County 
of Plymouth, or either of them, or that require any passage 
way for said fish, at any mill dam in said towns, or either of 
them, excepting Pratt's Dam, so tailed, in Titicut, be, and the 
same are hereby repealed, so far as they respect cither ot 
said towns. [Feb. 15, 1819.] 

Chap. 84. An Act authorizin; the Proprietors nf tl)e Tapper Locks and Canals on Connecli- 
17Q1 I QO *^"' River, to reduce the width of the same. 

(V. 1. p. 329.) Sect. 1. BE it enacted by the Senate and House, of Representa- 
tives in General Court assembled, and by the authority of the same. 
That the Proprietors of the Upper Locks and Canals on Cout 
Reduction of nccticul llivcr bc, and they are hereby authorized to support 
f,°f\*' I. oa A. and maintain locks on said canal, of the \vidth of fifteen feet. 

(1791 ch. 32 f . • ' I 1 ! . r • 

9.) instead of twenty feet, as required by the act ot incorpora- 

. tion. 

Sect. 2. Be it further enacted, That in estimating the toll 

Tollf. on shingles, passing said locks and canals, six thousand ol 

J^P**^*^- ^|- shingles shall be deemed and taken to be equivalent to one 

thousand of boards, and the same toll received therefor. [Feb. 

15, 1819.] 

{jiiap. 85. An Act to incorporate the Second Parish of Ipswich into a town, by the name 
of Essex. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives, in General Court assembled, and by the authority of the 
same. That all that part of the town of Ipswich, in the Coun- 
New town of ty of Essex, called the Second Parish, and lying within the 
Essex. boundaries hereinafter mentioned, together with the inhabi- 

tants thereof, be, and the same hereby is incorporated into '^^ 



1818. Chap. 85. 29i5( 

town, by the name of Essex, and invested with all the powers, 
privileges and immunities, and subject to all the duties and 
requisitions to which towns in this Commonwealth arc by law 
entitled or subjected ; the said town of Essex being bounded 
and described as follows, to wit: Beginning at the north-west^ Boundaries, 
erly corner of William Coggswell's land, at a small stone 
bridge in the road at the head of Choafe's Brook, so called ; 
thence running south-westerly on the boundary of said Se- 
cond Parish, to Hamilton line ; thence running on different 
courses easterly and southerly, by said Hamilton line till it 
comes to Manchester line ; thence running easterly by said 
Manchester line, to a heap of stones on Gloucester line; 
thence by said Gloucester line to the sea ; then beginning 
again at the bound first mentioned, and running down said 
brook to the creek, so called ; thence continuing down said 
creek to the river ; thence down the channel of said river on 
the north side of Hog Island to the sea. 

Sect. 2. Be it further enacted^ That the said town of Ips- 
wich shall have, hold and enjoy, to their own use and bene- 
fit forever, the court house, situate in said town ; the powder Reservations. 
house, with the military stores therein ; the grammar school 
house, with the lands, hereditaments, rents and profits here- 
tofore received and belonging to the said grammar school 5 and 
also the farm, with the buildings, stock and utensils, and all 
other personal property thereon and thereto belonging, late- 
ly purchased by said town of Ipswich, for a public pogr 
house. 

Sect. 3. Be it further enacted, That the said town of Es- 
sex shall pay to the Treasurer of the said town of Ipswich, 
within the term of six months, their proportion of the debts 
due by and from the said town of Ipswich, and outstanding Ofh's i" be- 
at the passing of this act, in the proportion of thirty-one cents P^"^' 
per dollar on the whole amount thereof, which amount shall 
be ascertained by a committee of three persons from each of 
the said towns ; and in case of their disagreement, then to be 
ascertained by three referees to be appointed by the Circuit 
Court of Common Pleas for said County of Essex ; and the 
said town of Ipswich shall pay to or set off with the said town 
of Essex, the sum of twenty-two hundred and seventy dol- 
lars. 

Sect. 4. Be it farther enacted, That the said towns of Ips- 
wich and Essex, shall respectively support and maintain all 
such persons as now are, or hereafter may be inhabitants of ^"PP"''^ "^ 
the said towns respectively, or who were born in, or have a P'^"^^"* 
derivative settlement through any person born in, or deriving 
a settlement from any ancestor, and are or may become 
chargeable as paupers, according to the laws of this Common- 
wealth, and who have not gained a settlement elsewhere. 

Sect. 5. Be it further enacted, That all taxes assessed, and 
not collected at the time of the passing of this act, shall be col- Taxes provld- 
lected in the same manner, and paid to the treasurer of the*^^"*^' 
town of Ipswich, as if the separation of the said towns had 
not taken place. 



296 



1818. 



Chap. 85—86. 



Compromise. 



First meeting. 



Chap. 8G. 



Persons incor- 
porated. 



Sect. C>. Be it fi(rlher enacted^ That the agreement betvveeft 
the said town of Ipswich, and the said Second Parish, made on 
the twenty-first day of December, in the year of our Lord one 
thousand seven hundred and fifteen, be, and remain as before 
the separation, and unallccted hereby in any iTspect what- 
ever. 

Sect. 7. Be it further enacted^ Thai any Justice of the 
Peace for the said County of Essex, is hereby authorized to 
issue his warrant, directed to any freeholder in the said town 
of Essex, requiring him to 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 meetings. ^Feb. 15, 
1819.] 

An Act to incorporate the Second Congregational Society in the First Parisli in 
Springfield. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
tatives in General Court assembled^ and by the auth^mty of the same, 
That Jonathan Dwight, Bczalecl Howard. Simuel Orne, James 
S. Dwight, Jonathan Dwight, junior, Joshua Frost, Daniel Lom- 
bard, Festus Stebbins, James Wells, Robert Emery, Benjamin 
Day, John Howard, Eldad Stebbins, Samuel Benton, Daniel 
M. Leonard, Ira Mcde, Austin Peck, Henry Benjamin, Joseph 
M. Sanborn, Samuel Kingsbm-y, Samuel Lyman, Charles Rice, 
Judah Ely, Ezra Osboi-n, jiuiior, Simon Sanborn, Daniel Pease, 
John Rice, Jonathan Strickland, Solomon M. Qiiivey, Seneca 
Cooley, John M. Hendrick, Elisha Collins, Henry Dwight, 
Nathaniel S. Jenks, Daniel Farmer, Joel Fuller, Joel Davis, 
Daniel Swetland, Oran Eaton, Elam Sikes, AVells Lathrop, 
Charles Howard, William Rice, Walter Stebbins, Prentiss 
Pond, Ariel Cooley, Edmund Allen, Lemuel Stebbins, Lemuel 
Charter, Daniel liartung, junior, John Crooks, Joel Allen, Ed- 
ward Parsons, Thomas Bates, Joseph Hopkins, John Stebbins, 
Apollos Marsh, Silas W. Scarles, Henry Stearns, Aaron L 
Miller, John Hall, Israel Hosfield, Lemue'l G. Robbins, David 
Barber, Zcnas Hancock, Lyman Cutler, Wait Dart, Josiah 
Bliss, Joseph Bangs, Simeon Prior, Amos Rice, Elizabeth Shel- 
don, Asahel Goodrich, Hannah Dwight. Levi Pinney, Jacob 
Cooley, Elias Ensign, Ezekiel Keith, Julius Dart, Solomon 
Woodward, Harvey Bates, James Melvin, James Melvin, junior. 
Daniel Ashlej^, George Cooley, junior, David Newcomb, Jo- 
seph Stephens, "William Butler, Daniel Austin, junior, Daniel 
Field, Samuel Dale, Eliakim Benton, Solomon McQuivey, Isaac 
White. Allen Bangs, Ruel Horton, Samuel M. Morgan, Daniel 
Chapin, Ira Daniels, Epaphras Buckland, Anson Snow, Jason 
Eddy, Paul G. Simons, Horace King, Benjamin Jenks, Joseph 
Buckland, Zebulon W. Slafter, Noah Paulk, Amos Jenks, Asa 
Talcot, Charles Russell. Ephraim Corning, Washington Jenks, 
and Jonathan Benton, and their associates, with their families,, 
polls and estates, be, and they are hereby incorporated into a 
religious society, by the name of the Second Congregational 
Society in the First Parish in Springfield, with all the powers. 



1818. Chap. 86. 297 

privileges, and imnmniticp, to wi)ich parishes are entitled by 
Uie constitution and laws of this CommonweaUh ; and nfiay pur- May hold real 
chase, receive by gift or otherwise, and hold real and personal and personal 
estate, the annual income of which, shall not exceed the sum of *"* "' ^' 
two thousand dollars, for the purpose of supporting public wor- 
ship therein ; and may also ordain and establish such by-laws Rules andre- 
and regulations as to them shall seem necessary and convenient gelations, 
for the government of their society, and the management of their 
ministerial funds; provided, such by-laws and regulations shall 
be in no wise contrary to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted, That any person who may Membership, 
hereafter be desirous of joining the said Second Congregational 
Society, and shall certify the same to the Cleric of the said 
town, which certificate shall be recorded by the said Clerk, 
shall thereafter, with his or her polls and estate, become a mem- 
ber of said Second Congregational Society ; provided, that such Proviso. 
person shall pay to the parish or society, which he may leave 
as aforesaid, his or her proportion of all parish or society taxes 
assessed, and not paid at the time of filing such certificate with 
the Town Clerk as aforesaid. 

Sect. 3. Be it fur liter enacted, That any member of the Conditions of 
said Second Congregational Society, who may at any time secession, 
hereafter be desirous of leaving the said society, and joining 
nny other parish or religious society in said town, and shall 
certify the same to the Town Clerk of said town, which certi- 
ficate shall be recorded by said Clerk, shall thereafter, with 
his or her polls and estate, become a member of such other 
parish or religious society : Provided, hozoever, that such person 
shall be held to pay to said Second Congregational Society, 
his or her propor'ion of all society taxes assessed, and not 
paid at the time of filing said certificate with the Town Clerk 
as aforesaid. 

Sect. 4. Be it. further enncled, That every member of said Privileges, 
Second Congregational Society, who has subscribed fifty dol- 
lars for the use of said society, or shall become a proprietor 
in any pew in such meeting house as shall be built for the use 
of said society, to the value of fifty dollars, shall be entitled to 
vote in all meetings of said society, for the management of their 
concerns. 

Sect. 5. Be it further enacted. That any Justice of the 
Peace for the County of Hampden be, and he is hereby em- 
jiowered, on application therclbr, to issue his warrant to some 
member of said Second Congregational Society, requiring him 
to notify and warn the members thereof, to meet at such con- ^"'^^ meeung.. 
venient time and place, as shall be appointed in said warrant, 
for the election of such oilicers as parishes are by law required 
to choose at their annual meetings, and to transact such other 
parochial business as may be authorized by said w-arrant. 
[Feb. 15, 1810.] Add. act— 1819 cb. 82. 

VOL. V. 38 



2^8 



1818. 



Chap. 87-^89. 



Chap 87. 

1817 ch. 92. 



Chap. 89. 



Persons incor- 
porated. 



Annual elec- 
tion of Direc- 
tors. 



Limitation. 



Membership. 



Proviso, 



An Act to repeal the eighth section of an Act, entitled, "An Act to incorporate tiw 
President, Directors and Company of the Suffolk Bank." 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the authority of the same, That 
the eighth section of an act, entitled, " An Act to incorporate 
the President, Directors and Company of the Suffolk Bank,'' 
passed the tenth day of February last, be, and the same is 
hereby repealed. [Feb. 16, 1819.] 

An- Act incorporating the Pittsficld Mutual Fire Insurance Company. 

Sect. 1. BE it enacted by the Senate and House of Represen- 
talives, in General Court assembled, and by the authority of the 
same. That Josiah Bissell, Henry H. Childs, Phinehas Allen, 
Henry C. Bi'own. Solomon VVarriner, Ezekiel R. Colt, Mose.s 
Warner, Jason Clapp, Simeon Brown, Jonathan Allen, 2d, 
Thomas B. Strong, Calvin Martin, William C. Jarvis, and their 
associates, shall be a corporation, together with all other per- 
sons within the County of Berkshire, who may become mem- 
bers thereof, under the name of the Pittsfield Mutual Fire In- 
surance Company, and enjoy all the privileges and powers in- 
cident to corporations. 

Sect. 2. Be it further enacted, That for the well ordering 
and governing said corporation, they shall, at a meeting of the 
said company, to be held annually, on the first Wednesday of 
October, choose five Directors, and such other officers as may 
be deemed necessary for the management of said corporation; 
and any three of the Directors are to constitute a quorum for 
the transaction of business. 

Sect. 3. Be it further enacted. That the said company are 
authorized to insure against loss or damage by fire, originating 
from any cause, excepting design in the insured, any dwelling 
house or other building, with their contents, v/ithin the Caimty 
of Berkshire, for any term not less than one nor more than 
seven years, and to any amount not exceeding four fifths of 
the value of the p>ropcrty insured. And if any member shall 
sustain damage by fire, in property insured by the company, 
the sum which the insured may have a right to claim, shall be 
assessed, by the Directors, upon each member of the compa- 
nv, in proportion to the sum by each member insured, or made 
liable to contribute to losses. 

Sect. 4. Be it further enacted, That every person shall be 
deemed and held to be a meml:)cr of this corporation, who has 
en interest in any property insured by said person with the 
company; but his or her rights are to cease, whenever said 
member parts with his or her legal or equitable interests in the 
property insured ; and his or her liabilities are to be at an end. 
whenever said member notifies, in writing, the Directors, that 
he or she has no longer any interests in the property insured 
by the company: Provided horvcver, that the rights and lia- 
bilities of every member arc to devolve on said member's 
heirs, executors and administrators. 

Sect. 5. Be it further enacted, That whenever any loss by 
fire, shall happen to a member, upon any property, insured by 



1818. Chap. 89. 299 

the company, said member is to give notice thereof to the Di- 
rectors, or any one of them, within forty eight hours after the 
same happens 5 and the Directors arc immediately to view the Notification of 
same, and determine, in writing, under their hands, the extent losses. 
of the company's liabilities. And if the sufferer will not ac- 
quiesce in their determination, he or she may bring an action 
at law, against the said company, at the first Court competent 
to fry the same, silting within the County of Berkshire ; and if 
said sufterer does not recover more than the amount determin- 
ed upon by the Directors as aforesaid, said member is to be- 
come nonsuit, and the company is to recover their costs. Pro- Proviso, 
•zj/ficf?, the said judgment shall not bar the said sufierer from 
claiming the amount determined to be due him by the Direc- 
tors as aforesaid, within thirty days from the said non-suit. 
But in case the said member suflering, shall recover more than 
the amount determined by the Directors as aforesaid, judg- 
ment shall be entered up in his favour, for th'e whole sum found 
by the verdict, with interest at the rate of twelve per centum 
per annum, added thereto, with full costs ; but execution shall 
never issue against the said company. 

Sect. 6. Be it further enacted^ That whenever any mem- Directors to a-s- 
ber shall have a claim upon the several members of the com- scss damages, 
pany, in case of any loss or judgment as aforesaid, the Direc- 
tors shall assess the amount of such loss or judgment, together 
with a reasonable compensation for themselves and other offi- 
cers of the company, upon each and every member thereof, 
according to their respective liabilities ; requiring each mem- 
ber to pay his or her proportion of the loss or judgment, as as- 
sessed upon them, with interest on demand, to the person who 
has a claim as aforesaiil, or to his or her agent or attorney. 
And such bill of assessment, being signed by a major part of 
the Directors, and countersigned by the Secretary, and de- 
livered to the claimant within twenty days after his or her claim 
shall be liquidated, either by agreement of parties or judgment 
of Court, shall operate a complete discharge of the company, 
as such, and a release of any judgment which the claimant 
may have against it : Provided^ that the claimant first pay the Proviso, 
charges of making up the assessment, and discharge the com- 
pany from any claim or judgment he or she may have 
against it. 

Sect. 7. Be it further tnacled, That in case the Direc- 
tors, whose duty it may be, shall neglect to lender a bill of as- 
sessment in the cases contemplated by the foregoing section, 
in manner therein prcscj-ibed ; or in case the Directors neglect 
to determine the loss of any party claiming, an}'" })arty aggriev- 
ed thereby, may, at any lime within one year from the iune 
of such neglect of the Directoi-s, bring an action against such 
negligent Directors, or sue a writ of scire facias against them, Directors may 
iipon the judgment which said party may have against the be prosecuted 
company, and have judgment and execution against said negli- dmy?^^'^' 
gent Directors, in their individual capacity. And in this case, 
said negligent Directors shall be entitled to demand and have 
of the Directors for the time being, within thirty days after 



300 



1818. 



Chap 89—90. 



Liability to as 
sessment. 



Proviso. 



Amount o 
risks. 



Forfeitures. 



judgment against ihcni as aforesaid, a bill of assessment in their 
favor, and for their reiLTiburscrncnt, in form prescribed by this 
act; but neilher the costs of the judgment or execution, shall 
be assessed for them. 

Sect. 8. Be it further enncled, Tliat every bill of assessment, 
authenticated in manner hei-ein prescribed, shall confer upon 
the party in whose favor it shall be made, and the heirs, exe- 
cutors and administrators of such parly, authority, in their own 
names, to collect, sue for and discharge every and e^ch per- 
son made liable thereby : Provided hnxiycvei\ that no action shall 
be commenced against any person whatever, until sixty days 
after demand made, in virtue of said bill of assessment. 

Sect. 9. Be i( further enacted. That the Directors are to 
determine the nature anil hazard of all risks ; and all those 
which may l>e deemed more hazardous than ordinary, are to con- 
tribute to'losses upon a larger sum than that at which they are 
actually insured : and the sun) upon which the insured is to 
contribute, is lo be distinguished in the policy, from the sum on 
which insurance is made. 

Sect. 10. Be it fiirlhcr enacted. That if any member of 
this compaii^' shall insure any property, insured by this cor- 
poration, with any other individual or insurance conjpany, 
without the consent of the Directors of this company, such 
member shall forfeit his or her insurance in this corpora- 
tion, but is not exonerated from the liability to contribute to 
losses. 

Sect. 11. Be it further enacted, That any two of the afore- 
mentioned associates may, as soon as they deem proper, call a 
First meeting, meeting of the said coi'poration, lo be held at such lime and 
place as they may judge proper, by a notification printed in 
the Pittsfteld Sun, seven days previous to the time of holding 
such meeting, in order (hat said corporation may organize 
themselves, make suitable l)y-laws, and proceed in the busi- 
ness of the association. \_Feb. 16, 1819.] 

CJ nn on ^'" ^'''' '" '"coiporate tlie Piopirelors of Suffolk Wharf, in the town of Boston. 

Sect. 1. BB it enacted by the Senate and House cf Represen- 
tatives in General Court assembled, and by the aitthoiily of the 
same, That John Wcl'es, AViliiam Payne, Edmund Munroe, 
O'tis Clap, and others, their associates, successors and assigns, 
be. and they hereby are constituted a body politic and corpo- 
rate, by the name of tlic Proprietors of the SulTolk ^V^liarf ; and 
the said coi-poration, by the same name, arc hereby declared 
and made capable in law, lo sue ar.u be sued, to plead and be 
iiiplcaded, to have a common seal, and the same to aller and 
tcncw at pleasure, to make rules and by-laws for the regula- 
tio:i and n^.anagemcnt of the estate hereinafter described, con- 
sistciU with tlie laws of the Commonwealth; and generally lo 
do and execute whalcv(;r, Uy law, shall appertain to bodies 
jiolitic. 

SrXT. 2. Be it further enacted. That the saiil corporation be, 
and hereby is declared cai);ible to have, hold and possess cer- 
tain real cotalc situate in s;^id Bos'.on, bounded and described 



Persons in- 
corporated. 



General pow- 
ers. 



Boundaries. 



1B18. Chap. 90. 301 

as follows, to Avit : beginning at the westerly corner of the red 
store which was formerly occupied by Thomas Lewis, as his 
counting room, and thence running northerly by the end of 
said store, and across the passage way, which leads from Fish 
Street, down Lewis' Wharf, so called, forty feet, to land late of 
Daniei Barker, deceased ; thence running south-easterly, by 
said Barker's land, as the buildings stand, about one hundred 
and fifty feet, to the head of the dock, at the end of said Bar- 
ker's land and wharf; thence running north-easterly, by the 
head of said dock, and by said Barker's land, twenty-two leet; 
thence running south-easterly again, by the flats and w^harf of 
the heirs or assigns of the late John Hancock, Esquire, out to 
low water mark, or the channel ; thence bounded south-wes- 
terly, by a line parallel to said Lewis' Long Wharf, and eighty 
feei distant therefrom, and bounding on flats, owned by the pro- 
prietors of Exchange Wharf, until it reaches said Exchange 
Wharf; thence running more northerly, and bounding on said 
wharf, until it comes to the capstone ot Lewis' Short Wharf, so 
called ; and thence running through said Short Wharf, about 
one hundred and forty feet, to the first mentioned bounds ; to- 
getiier with all the wharves, docks, rights of ways, buildings, 
privileges, and appurtenances thereof; providtd, the lawful 
proprietors thereof, shall legally convey the same to said cor- Corporation 
poration. And the said corporation shall have power to sell, '"J'y sell pro- 
grant and alien, in fee simple, or otherwise, their corporate 
property, or any part thereof, within the said described limits, 
and lease, manage and improve the same, according to the will 
and pleasure of the said corporation, to be expressed at any 
legal meeting: Provided alivays, znd it is hereby well under- Proviso, 
stood, that nothing herein contained, shall be construed into 
any grant or confirmation of title to land, in the said associates, 
or corporation ; or into any authoi'ity to extend the dimensions 
of said wharf beyond the title and authority which the present 
proprietors thereof, now have and possess, in this behalf. 

Sect. 3. Be il further enacted, That the said corporate Shares. 
property shall be divided into shares, not exceeding two hun- 
dred in number, as the said corporation may find to be most 
expedient; and said shares shall be divided among the several 
proprietors, according to the interest and portions wliich they 
respectively may have in the said corporate ])roperty ; and 
certificates of such shares shall be signed by the President of 
the corporation, and issued to the proprietors accordingly; 
and the shares in said corporation shall be transferable, by Shaips irans- 
cndorsement on the back of said certificates ; and the property fsrabie. 
in said shares shall be vested in the assignee or vendee there- 
of, when a record shall be made thereof, by the Clci'k of the 
coi-poration, and new certificates shall be issued accordingly; 
and such shares shall, in all respects, bo considered as person- 
al estate. 

Sect. 4. Be il further enacted, That the said corporation Assessment?. 
shall have power, from time to lime, to assess such sums of 
money as may be deemed necessary for I'ebuilding or repair- 
ing any buildings whatever, or other property of said corpora- 



302 



1818. 



Chap. 90—92. 



Delinquent 
shares may 
sold. 



be 



Privilege of 
voting. 



Proviso. 



Public notice 
to be given. 



Meeting for 
choice of offi- 
cers. 



Chaj). 92. 



May sell real 
estate. 



tion, or necessary for the building of any new wharves or tene- 
ments within the aforesaid limits, or for the improvement and 
good management of the corporate estate, agreeably to the 
true intent and meaning of this act. And in case any proprie- 
tor shall refuse or neglect to pay any assessment, the said cor- 
poration may cause such of the shares of such proprietor, as 
may be sufficient therefor, (o be sold at public auction, after 
ten days notice, to the highest bidder; and after deducting the 
amount assessed and unpaid, together with the charges of sale, 
the surplus, if any, shall be paid over to such proprietor ; «nd 
the purchaser of such share or shares, so sold, shall be entitled 
to and receive a certificate of the share or shares by him pur- 
chased accordingly. 

Sect. 5. Be it further enacted. That the corporate property, 
which the said corporation shall have and hold, at one time, in 
virtue of this act, shall not exceed in value the sum of two hun- 
dred thousand dollars ; and in all meetings of the members of 
said corporation, for the transaction of business, each member 
or proprietor shall be entitled to one vote for every share by 
him held in said corporation: Provided akoays, that no one 
member shall ever be entitled to more votes than shall be 
equal to one third part in value of the corporate property; 
and provided further, that no assessment shall be made at any 
meeting, unless the same shall be agreed to by two thirds, at 
least, in number and value, of those present, or represented at 
such meeting ; nor unless public notice shall have been given, 
at least ten days previous to such meeting, of the purpose of 
such meeting, by publication thereof in one or more newspa- 
pers printed in Boston. Proprietors may appear and act at 
any meeting by prox^'-, in writing. 

Sect. 6. Be it further enacted, That either of them, the said 
Welles, Paj'ne, Munroc, or Clap, may call a meeting of said 
corporation, l)y advertising the same in any of the newspapers 
printed in Boston, ten days at least before the time of meeting; 
and that the said corporation may, at such or any other meet- 
ing, agree on the mode of calling future meetings, and shall 
elect a President and Clerk, and may elect all such other 
officers, as said corporation may think fit, for conducting and 
managing the corporate aflairs and estate, and the same may 
change and remove, as the said corporation shall see fit. [Feb, 
17, 18 19.] • 

An Act to authorize the sale of certain Lands of the Proprietors of the Meeting 
House of the First Religious Societj', in Newburyport. 

Sect. 1 . BE it enacted bif the Senate and House of Representa- 
tives, in General Court asseinblrd, and by the authority of the same. 
That Nicholas Johnson, junior, Eleazer Johnson, and John R. 
Hudson, be, and they hereby are authorized and empowered 
to sell and convey all and singular the real estate owned by 
the proprietors of the meeting house of the first religious socie- 
ty in Newburyport, which is situated in Common Pasture, so 
called, and in said town of Ncwburj'port ; and to make, exe- 
cute, and deliver to the purchaser or purchasers thereof, good 
and sufficient deed or deeds of convevancc of the same. 



1318. Chap. 92—95. 303 

Sect. 2. Be it further enacted, That all monies arising from 
the sale aforesaid, shall be placed on interest, on such security 
as shall be deemed.by their committee, for the time being, to 
be most safe and certain. [Feb. 17, 1819.] 

An Act to incorporate William Ingalls, and others, into a Society, by the name of i^lUip. 94. 
a Republican Institution, in the town of Boston. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That William Ingalls, Ebenezer Clough, Joseph N. Howe, Abra- ^omed.'"^"^' 
ham H. Quincy, Peter P. V. Degraiid, Jonathan Simonds, Da- 
niel Adams, Robert H. Thayer, Thomas Badger, Thaddeus 
Page, Davis C. Ballard, Rolun Hartshorn, and William Gale, 
together with all others, who now are, or hereafter may be as- 
sociated with them, be, and they are hereby constituted a body 
politic and corporate forever, for the purpose of procuring a 
building, and keeping it in repair, with suitable apartments for 
a reading room, library, and the meeting of the said society, by General pow- 
the name of a Republican Institution, in the town oi Boston ; ^'^' 
and by that name, may sue and be sued, plead and be implead- 
ed, answer and be answered unto, defend and be defended, in 
all courts and places whatsoever, in all actions, real, personal 
and mixed ; and the said corporation shall have full power to 
make, have and use a common seal, and the same to break, al- 
ter and renew, at pleasure ; and shall have, exercise and en- 
joy, all the powers and privileges incident and usually granted 
to other corporations, of a like nature and purpose. 

Sect. 2. Be it further enacted, That the said corporation be, May hold real 
and the same is hereby made capable in law, of having and estate. 
holding, by gift, grant, devise, or otherwise, any estate, real or 
personal ; provided, the same shall not exceed the annual in- ^'oviso. 
come of live thousand dollars. And the said corporation mny, 
annually, or at any special meeting, called for the purpose, |^„]g3 ^nd 
malcc, establish, and put in execution, such by-laws, rules and guiations. 
re';ulations, as to calling future meetings, the election of offi- 
cers, and the admission of members, as they may judge to be 
necessary and expedient ; provided, that such by-laws, rules 
and regulations, shall not, in any case, be contrary to the con- 
stitution and laws of this Commonwealth. 

Sect. 3. Be it further enacted, That any three of the persons 
named in this Act, be, and they are hereby empowered, by 
advertisement in any one or more newspapers, printed in Bos- ^"^* meeting, 
ton, to call a meeting of the members of the said institution, to 
be holden at such convenient time and place as shall be appoint- 
ed in said advertisement, to organize the said institution, by 
the election and appointment of its officers. [Feb. 18, 1819.J 

An Act to set off Elijah Hewins and Norman Lester, from Great Harrington to Chap, 95. 
Alford. 

Sect. 1. BE it enacted, by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That Elijah Hewins and Norman Lester, with their families ^"^°"^ ^^' °^- 
and estates, be, and they are hereby set off from the town of 
Great Barrington, and annexed to the town of Alford. in the 



Boundaries. 



304 1818. Chap. 95—09. 

county of Berkshire ; and shall hereafter be a part of the same, 
as fully eind completely, as if it had been originally a part of 
said AHbrd: Provided however, that the said Hewins and Les- 
Jair^*"*^^ ter shall be bolden to pay to the said town of Great Barring- 
ton, their proportion of all state, county, town, parish, and 
school taxes, assessed and not paid, prior to the passing of this 
Act. 

Sect. 2. Be it further enacted, That the easterly line of Al- 
ford, by the addition of the lands aforesaid, shall be ascertain- 
ed and determined to commence at the old western town line, 
on the south side of lot number seventeen, and thence running 
easterly by and with the south line of said lot number seven- 
teen, and adjoining the highway there, until it intersects the 
range of the easternmost line, running between Alford and 
Great Barrington, containing about one hundred and four acres. 
[Feb. 18, 1819] 

C/hop. 99. An Act to change the Names of certain Persons., tlierein mentioned. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same. That 
Joseph Bartlett, 3d, of Plymouth, shall be allowed to take the 
name of Joseph Henry Bartlett; that Nathaniel Bishop, ju- 
nior, of Winthrop, shall be allowed to take the name of Natha- 
niel Cony Bishop ; that John Brewer, of Framingham, shall be 
allowed to take the name of John Maitland Brewer; that Abi- 
Names chang- g^ji gfooks, wife of John Brooks, of Boston, shall be allowed 
to take the name of Mary Abigail Brooks ; that Mary Hart 
Bull, daughter of James Bull, of Northampton, shall be allowed 
' to take the name of Elizabeth Miller Hart Bull ; that Charles 

Forbes, of Northampton, shall be allowed to take the name of 
Charles E. Forbes ; that George Carey, of Chelsea, shall be 
allowed to take the name of George Blankern Carey ; that 
Charles Dexter, of Boston, son of Aaron Dexter, shall be al- 
lowed to take the name of Charles Parker Dexter; that Su- 
sanna Lewis Nickolson Delano, daughter of Mercy Delano, of 
Boston, shall be allowed to take the name of Mary Elizabeth 
Nickolson ; that Edward Gannet, of Salem, shall be allowed to 
take the name of Edward Farley ; that Samuel Gooch, of Bos- 
ton, shall be allowed to take the name of Samuel Davenport 
Gooch ; that Susan Elizabeth Green, daughter ot Andrew 
Green, of Boston, shall be allowed to take the name of Eliza- 
beth Heath Green : that Charles Hayward,son of Caleb Hay- 
ward, of Boston, shall be allowed to take the name of Charles 
Piice Hayward; that Stephen Little, junior, of Newbury, shall 
be allowed to take the name of Stephen William Little; that 
Lewis Robinson Paige, son of Timothy Paige, of Hardwick. 
shall be allowed to take the name of Lucius Robinson Paige; 
that William Paijje, of Boston, shall be allowed to take the 
name of James ^Villiam Paige; that Samuel Parker, son of Sa- 
muel Lillie Parker, of Boston, shall be allowed to take the name 
of Lucius Champlin Parker ; that Joseph Peabody, 3d, of Sa- 
lem, shall be allowed to take the name of Joseph AV'illiam Pea- 
body ; that John Proctor, of Danvers, shall be allowed to tak<^ 



1818. Chap. 99—1 03. 36^ 

the name of John W. Proctor ; that Peter Smith, of Boston, 
shall be allovvrd to take the name of Francis Peter Smith; 
that Joel 'J'hayor, of Boston, shall be allowed to take the name 
of Joel Frederick Thayer ; that Sarah Atherton Thayer, daugh- 
ter of Stephen Thayer, of Boston, shall be allowed to take the 
name of Sarah Jackson Thayer; that Joseph Henry Jackson 
Thayer, son of the said Stephen Thayer, shall be allowed to 
take the name of Joseph Henry Jackson ; that John Glover 
Teague, of Boston, shall be allowed to take the name of John 
Glover; that Charles Torrey, of Sritunte, shall be allowed to 
take the name of Charles Turner Torrey ; that Stephen Twist, 
of Danvers, shall be allowed to take the name of Geor.?;e T. 
Cook ; that Jesse Walcutt. a native of Bolton, noAV resident in 
Cambridge, shall be allowed to take the name of Samuel Ba- 
ker Walcutt; that Samuel Watson, 2d, of Leicester, shall be 
allowed to take the name of Samuel Dexter Watson ; that Ca- 
leb Winship, of Boston, son of Abiel Winship, shall be allowed 
lo take the name of Charles Shepard Winship ; that Isaac Van 
Deuson, 3d, of Great Barrington, shall be allowed to take the 
name of Isaac Laird Van Deuson ; and the said several per- 
sons shall hereafter be called and known by the names which, 
by this Act, they are severally and respectively allowed to 
take as aforesaid ; and the same shall be considered as their 
only proper and legal names. [Feb. 18, 1819.] 

An Act to incorporate the Town of Parsons. Chctp, 103. 

Sect. 1. BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of the same, 
That all that part of the town of Newbury, in the county of 
Essex, which lies within the following: boundaries, to wit : Be- Boundaries, 
ginning on the river Merrimack, where the river Artichoke 
empties into the same, and thence running up the said river Ar- 
tichoke, and through the middle thereof, about five hundred 
and seventy-seven rods, and twenty-two links, to the New Log, 
so called; thence running south, twenty-five degrees east,about 
three hundred and sixty rods, to the boundary line between 
the first and fourth parishes in said town of Newbury ; thence 
running south, fifty-two and an half degrees west, by the said 
parish line, to the southerly side of the road leading from New- 
buryport to the west parish of Rowley ; thence running on the 
southerly side of said road to Great Rock, so called ; and 
thence by the southerly side of said road to Johnson's Corner, 
five hundred and twenty-eight rods and two links; thence run- 
ning by the boundary line of the third parish of Newbury, three 
hundred and eighty-five rods and twenty-four links, to the boun- 
dary line of the town of Bradford ; thence, by said Bradford 
line, to the said river Merrimack; thencedown said river Mer- 
rimack to the bound first mentioned ; be, and the said part of 
said town of Newbury hereby is incorporated into a town, by 
the name of Parsons, and invested with all the powers, privi- (Name altered 
leges and immunities, and subject to all the duties and liabili- ^^20 ch. 7.) 
ties, to which other incorporated towns are subject, by the con- 
stitution and laws of this Commonwealth. 

VOL. V. 39 



30fy 



1818. 



Chap. 103. 



Taxes provii- 
ed for. 



Paupers to be 
provided for. 



Prtviso. 



Remuneration 
of rights. 



Highways. 



FIfst meeting. 



Sect. 2. Be it further enacted^ That the said town of Parsons 
shall be holden to pay one third part of" all taxes, which have 
been heretofore assessed by said town of Newbury, and remain 
unpaid at the time of the passing of this Act, and also the like 
proportion of all debts due and owing by said town of New- 
bury. 

Sect. 3. Be it further enacted, That the said towns of Par- 
sons and Newbury shall respectively support at d maintain the 
several persons and their families, and all such as shall have a 
derivative settlement under them, or any of them, who are now 
chargeable, and mentioned as allotted to said towns respective- 
ly, in a certain schedule thereof, entitled a statement of the ex- 
pense of the poor of the town of Newbury, agreed to on the 
eleventh day of February, in the year of our Lord one thou- 
sand eight hundred and nineteen, and signed by the committee 
of the said town of Newbury of the one part, and by the com- 
mittee of divers inhabitants of the second and third parishes of 
said Newbury, being petitioners for the incorporation of said 
Parsons, of the other part ; and all other persons, who shall 
hereafter be found chargeable to said towns, shall be support- 
ed and maintained by them respectively, according to the ge- 
neral laws in this behalf: Provided always, that nothing in this 
Act shall be construed to affectany agreement heretofore made 
between the towns of Newbury and Newburyport, respecting 
the support of paupers ; but the said town of Parsons shall con- 
tribute its just proportion of all sums of money, which said 
Newbury shall pay by force of such agreement ; said propor- 
tion to be ascertained by the state valuations from time to time 
made of the said towns of Parsons and Newburj^ 

Sect. 4. Be it further enacted, That the inhabitants of the 
said town of Newbury shall have, hold and enjoy, to their own 
use and benefit forever, all the real and personal estate be- 
longing to the said town, at the time of the passing of this Act, 
excepting any real estate which may fall within the limits of 
the town hereby incorporated ; and the said town of Parsons 
shall pay to the said town of Newbury the sum of four thou- 
sand one hundred dollars, within twelve months from the pe- 
riod last aforesaid. 

Sect. 5. Be it further enacted, That the said town of Par- 
sons shall contribute its just proportion, to be ascertained as in 
the third section of this Act, of the expense of making a cer- 
tain highway, lately laid out in said Newbur3% and known by 
the name of Noyes' Road, whenever the said town of Newbu- 
ry shall be compelled to make the same. 

Sect. 6. Be it further enacted, That any Justice of the Peace 
of said county of Essex, is hereby authorized to issue his war- 
rant, directed to any freeholder in the said town of Parsons.^ 
requiring him to warn the inhabitants thereof, to meet at the 
time and place therein appointed, for the purpose of choosing 
such town officers, as towns are by law required to choose at 
their annual meetings. [Feb. 18. TsiO.] Add. act— 1820 ch. 7. 



1818. Chap. 107—109. 307 

An Act in addition to an Act, authorizing a Lottery, for the purpose of rebuilding QJiap, 107. 
Springfield Bridge. 1815 ch. 7. 

Sect. 1 . BE it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That the managers of Springfield Bridge Lottery be, and they 
are hereby authorized to prosecute the drawing of said lottery, gums to be 
under the provisions and restrictions of the Act regulating the raised, 
management and drawing of lotteries, in certain cases, within 
this Commonwealth, until they shall have raised the sum au- 
thorized by the Act, passed on the thirteenth day of June, in 
the year of our Lord one thousand eight hundred and fifteen, 
entitled " An Act authorizing a lottery, for the purpose of re- 
building Springfield Bridge." 

Sect. 2. Be it further enacted, That after the said managers 
shall have completed the errant, authorized by the Act to which Conditional 

.... IT- , ° , , 1 *^ • 1 1 privileges. 

this IS in addition, they are hereby authorized to draw one 
class, by which they may raise, for the benefit of said corpo- 
ration, a sum not exceeding ten thousand dollars ; provided, that 
said corporation shall give bond to the Commonwealth, in the 
sum of ten thousand dollars, conditioned to rebuild said bridge 
within one year from the first day of June next. 

Sect. 3. Be it further enacted. That this Act shall continue Limitation. 
and be in force for the term of two years, from and after the 
thirteenth day of June next, and no longer. [Feb. 18, 1819.] 

An Act to prevent the destruction of the Fish, called Tom Cod and Smelts, in Chap* 109. 
Charles River, and to regulate the manner of taking the same. 

Sect. 1 . BE it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of the same, 
That from and after the passing of this Act, if any person or per- 
sons shall place or set any seine or net, or set up, erect, or place 
any obstruction or incumbrance, whatsoever, (mill dams except- 
ed) in or across Charles river, whereby the free passing of the 
fish up and down said river shall be straightened, obstructed or Penaltf^s, 
stopped, they shall severally forfeit and pay the sum of fifty 
dollars, for each and every oflience ; one half of which, shall 
be to the use of him or them that shall prosecute or sue there- 
for, and the other half to the use of the town or towns, within 
whose limits the offence is committed ; or any town may sue 
in the name of its inhabitants, and in that case, the whole pe- 
nalty shall be to the use of the town thus sueing. 

Sect. 2. Be it further enacted. That if any person or persons, 
shall draw or use any seine or net, of a greater length than fif- 
ty feet, or shall make use of more than one net or seine, at the Regulation of 
same time, to take any of the fish, called tom cod and smelts, ^^^^^'y- 
within said river, or shall draw any such seine or net, on any 
other of the days of the week than Monday, Wednesday and 
Friday, they shall severally forfeit and pay the sum of forty 
dollars, for each and every offence, to the use as aforesaid ; 
and all other forfeitures, incurred by any breach of this Act, 
may be recovered by an action on the case, before any court 
proper to try the same : Provided, that nothing contained in 
this Act, shalll be construed to subject any person or persons, 
to any of the penalties aforesaid, by reason of their happening 



308 1818. Chap. 109—111. 

to take any of the said fish, called torn cod and smelts, when 
they shall rightfully draw or use a seine or net, the meshes of 
which are not less than one inch square, for the purpose of ta- 
king shad and alewivcs, in the usual and proper season of ta- 
king those fish. [Ftb. 19, 1819.] 

Kyfiap. 111. An Act to incoipoiate the Boston Fire Insniance Company. 

Sect. 1 . BE it enacted bij tJie Senate and H'nise nf Rppresenta- 
fives, in General Court assemblrd, and by the anihnrily nf 'die same, 
Persons incor- That Nathaniel Goddard, Josiah Marshall, William Ray, Wil- 
^°^^^ ' liam B. Swett. and Joseph Balch, their associates, successors 

and assigns, be, and they hereby are incorporated into a com- 
pany and body politic, by the name of the Boston Fire Insur- 
ance Company, for and during (he term of twenf}'^ years after 
General pow- ^\^^ passing of this Act; and by that name may sue and be 
sued, plead and be impleaded, appear, |)rosecute and defend to 
fina' judgment and execution, and have a common seal, which 
they may alter at pleasure ; and may purchase, hold, and con- 
vey any estate, real or personal, for the use of said company ; 
Proviso, provided, they shall not hold real estate, exceeding the value of 

ten thousand dollars, excepting such as may be taken for debt, 
or held as collateral security for debts, due to said company. 
Sect. 2. Be it fnrliier enacted, I'hat the capital stock of said 
Capital stock, company, shall be one hundred and fifty thousand dollars, di- 
vided into three thousand shares, of fifty dollars each, fifty per 
centum of which shall be paid within sixty days after the first 
meetin:^ of said company, and the residue in such instalments, 
and under such penalties, as the President and Directors shall, 
in their discretion, dii'cct and appoint. 
, - Sect. 3. Be it further enacted, That the stock, property, af- 

fairs and concerns of said company, shall be managed and con- 
Directors, ducted by thirteen directDrs, one of whom shall be president 
thereof, Avho shall hold their offices for one year, and until oth- 
ers arc chosen, and no longer; and shall, at the time of their 
election, be sfockhokh^rs of said company, and citizens of this 
Annual eioc- CommonwcaKh, and sliall be elected annually, on the second 
tion of officers, 'fuesday of January, at such time of the day. and in such place, 
in the town of Boston, as a majority of the directors, for the 
time being, shall appoint; of which election, public notice shall 
be given, in at least two of the newspapers, pi'intcd in said town, 
for the space often days immediately preceding such election. 
And the election shall be made hy ballot, by a majority of the 
voles of the stockholders present, allowing one vote to each share 
in the capital stock; provided, no stockholder shall be allowed 
more than ten votes ; and the stockholders, not present, may vote 
by proxy, under such regulations as the company shall precribe; 
and if, through any accident, the directors should not be cho- 
sen as aforesaid, it shall be lawful to choose them in manner 
aforesaid, on any other (\:\y. 

Sect. 4. Be it further enacted. That the Directors so chosen, 
shall meet as soon as may be, after every election, and shall 
choose, out of their number, one person to be President, who 
sliall be sworn faithfully to discharge the duties of his oifice, 



jai8. Chap. 111. 309 

during the period for which he is elected ; and in case of the 

de;uh, resignation, or inability to serve, of the President, or 
any director, such vacancy or vacancies shall be filled, for Vacancies to 
the remainder of the year in which they happen, by a spe- be filled, 
cial election, to be notified and held as is herein before di- 
rected, in the case of annual elections. 

Sect. 5. Be it further enacted, That the President and six 
of the directors, or seven of the directors, in the absence of 
the president, shall be a board, competent for the transaction 
of business ; and all questions before them shall be decided Officers, and 
by a majority of votes ; and they shall have power to make *'^"^ ""*^* 
and prescribe such by-laws, rules and regulations, as to them 
shall appear needful and proper, in respect to the manage- 
ment and disposition of the stock and property of said com- 
pany, and the transfer of shares therein ; and the powers, du- 
ties and conduct of the several officers, clerks and servants, 
employed in the service of the company, and the election of 
Directors, and the making of policies, and all such matters as 
appertain to the business of irasurance; provided, such by-laws, Proviso, 
rules and regulations, be not repugnant to the laws or constitu- 
tion of the United States, or this Commonwealth. And they 
shall also have power to appoint a treasurer, secretary, and Compensation 
so many clerks and servants, as shall be needful, wjith such to 0"'cers. 
compensation to them severally, and to the president, as to 
them shall seem fit; and they shall also have power and au- 
thority, in behalf of said company, to make insurance on any 
property or buildings within this Commonwealth, against da- 
mage to the same by fire, originating in any cause, except 
design in the assured, for such