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




ilili iiiiiii^ 

iOijSnifjiii lip 

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LAWS 



OF THE 



CommottUiealtll) of 4Ea^^at!)u^ett^. 



PASSED AT THE SEVERAL 



SESSIONS OF THE GENERAL COURT, 



BEGINNING MAY 31st, 1815, AND ENDING ON THE 24th FEBRUARY, 181S. 



Published agi-eeably to a Resolve of 16th January, 1812. 




VOL. vai. 



BOSTON: 

PRINTED BY RUSSELL, CUTLER & CO. FOR BENJAMIN RUSSEU., 

raiHTEa to the statEi 

'1818.'"' 



STATE LIBRARY OF MASSAGHOSETTS, 

JAN 4 1910 

STATE HOUSE, BOSTOM. 




LAWS 



COMMOJSrWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THE SESSION COMMENCING ON THE 31st DAY OF MAY, AND 

ENDING ON THE 15th DAY OF JUNE, 1815. 



CHAP. I. 

An Act in addition to an act, entitled '' An act respect- 
ing lost Goods and stray Beasts.'' 

Sec. 1. XjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, ctnd by 
the authority of the same, That from and after the pas- 
sing of this act, any person who shall find and take up 
any horse or horse kind, as a stray, and shall have pro- 
cured the same to be appraised, agreeably to the pro- 
visions of the act, entitled an act respecting lost goods 
and stray beasts, in case the same shall be apprais- 
ed at a sum not exceeding twenty dollars, shall, at the 
expiration of two months after such appraisal, proceed 
to sell the same at public vendue, having given four ^^^^j^^JJ^^ue 
days previous notice of the time and place of sale, and 
shall pay over the money for which such horse may be 
sold, to the Treasurer of the town in which he lives, af- 
ter deducting therefrom the expenses of taking up, post- 
ing and appraising such horse as provided for in the 
act, to which this is in addition, with one dollar for his 
fee in selling such horse. 

Sec. S. Be it further enacted, That the owner of 



4 TAXES, IN NEWBURYPORT. June 13, 1815. 

such horse, so taken up and sold, shall be entitled to 
receive the money so deposited with the town Treasur- 
Provlso er ; Provided he shall apply for the same within the 
space of one year after the same shall have been paid 
to the Treasurer aforesaid ; and in case the owner of 
such horse, shall negleiit to apply for such money for 
the terra of one year, the same shall be appropriated as 
is provided by the act to which this is in addition. 
[Approved by the Governor June 13, 1815.] 



CHAP. II. 

An Act to amend an act, entitled '^ An act for regulating 
the collection of Taxes in the town of Newburyport, 
and providing for the appointment of Constables in 
the said town.'' 

Sec. 1. _LjE it enacted by the Senate ayid House of 
Ifepresentdtives, in General Court assembled, and by 
the authority of the same. That from and after the pas- 
sing of this act, no person shall be eligible to the office 
of Treasurer and Collector in the town of Newbury- 
port, who, at the time of such election, shall have more 
than two years tax lists in his hands unsettled. 

Sec. 2. Be it further enacted, That it shall be the 
Duty of Col- duty of any Treasurer and Collector of said town, who 
lector. jjjay not be re-elected to said office, and he is hereby 

authorised and empowered 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 successor 
in said office, as is provided in an act for regulating the 
collection of taxes in the town of Newburyport, and 
providing for the appointment of Constables in the said 
town. 

[Approved by the Governor, June 13, 1815.] 



MANU. COMP.— E. PERKINS. June 18, 1815. 



CHAP. III. 

An Act to establish the Oxford Cotton Manufacturing 

Company, 

Sec. 1. J3E it enacted btj the Senate and House of 
J^epresentativeSf in General Court assembled^ and by the 
authority of the same^ That Charles Cleveland, Jacob Persons ineor- 
Rich, Joseph Stone, William P. Rider, Sylvanus Co-*^^^- 
burn, Jonathan Rice, Benjamin Eddy, Samuel Wa- 
ters, 2d, Israel Stone, Jr 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 Corpora- 
tion, 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 
W^orcester : 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 ge- 
neral powers and duties of Manufacturing Corporations, 
passed the third day of March, in the year of our Lord 
one thousand eight hundred and nine. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may lawfully hold and possess such real es- May hold real 
tate, not exceeding the value of thirty thousand dollars, *"[|^p^i*so°^i 
and personal estate not exceeding the value of fifty 
thousand dollars, as may be convenient and necessary 
for carrying on the manufacture aforesaid. 

[Approved by the Governor June 13, 1815.] 

CHxVP. IV. 

An Act to empower Eliphalet Perkins, and his asso- 
ciates, to build a Bridge over Kennebank River. 



Sec. 1. _OE it enacted by the Senate and House of 
Representatives in General Court assembled, ^^^ % ^'^^ Persons mcor 
authority of the same^ That Eliphalet Perkins, andporJ.tTd.'^^^'^ 



6 PERSONS SET OFF, IN W. SFD. June 13, 1815. 

such others as have or may hereafter associate with him 
and them, be, and they are hereby permitted to build 
a Bridge over Kennebunk River, between the towns 
of Weils and Arundel, in the county of York, at or 
near a place called the narrows, a little below the low- 
proviso, er falls on said River : Provided, That said Bridge 
shall be free, and no toll be demanded of any passen- 
ger for passing the same. 

Sec, 2. Be it further enacted, That the said Bridge 
Shall be kept shall be kept in good, safe and passable repair, and be 
ill good repair, provided with sufficient railing, on each side, for the safe- 
ty of passengers ; and there shall always be a draw 
thirty-four feet wide, for vessels to pass through. 
[Approved by the Governor, June 13, J 81 5.] 



CHAP. V. 

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

_DE it eyiacled by the Senate and House of 
llepresentatives in General Court assembled, and by 
the authority of the same. That Simon Walkley and 

Persons set off. John Moorc, witli their families, polls and estates, be, 
and they are hereby set off from the second parish and 

Proviso. annexed to the first parish in West Springfield : Pro- 
vided 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 es- 
tates of the inhabitants of the said second parish, in 
like manner as though this act had not been made. 
[Approved by the Governor, June 13, 1815.] 



M. I. COMP.— LOTTERY. Mne 13, 1815. 



CHAP. VI. 

An Act to authorize tbe Gloucester Marine Insurance 
Company to reduce its capital stock. 



B 



lE it enacted by the Senate and House of 
Jlepresentatives in General Court assembled^ 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 May reduce 
fifty thousand dollars, and that the division which has ''^P^^^^ ^^'"''^ 
been made among the Stockholders therein of the capi- 
tal stock, exceeding said sum, be, and hereby is authori- 
zed and confirmed : Provided however, That no con- provisa 
tracts whatever, heretofore made by said Corporation, 
shall be in any manner affected or impaired by said re- 
duction 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. 

[Approved by the Governor, June 13, 1815.] 



CHAP. YIl. 

An Act authorizing a Lottery for the purpose of re- 
building Springfield Bridge. 

Sec. 1. XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the sum of twenty sum to be rai 
thousand dollars be raised by Lottery, for the purpose ^^'^ 
of rebuilding the Bridge over Connecticut Hiver, be- 
tween Springfield, and West Springfield, and that the 
President, Directors and Company "of said Bridge, be, 
and they hereby are authorized and empowered to ap- 
point Managers of said Lottery, whose business it shall 
be, from time to time, to make and publish such scheme May publish 
f»r schemes as shall, in their opinion, best promote the '*''^^'"^- 



8 LOTTERY. June 13, 1815. 

purposes of said Lottery, and to draw said Lottery, 
and to transact all other business pertaining thereto. 
Sec. 2. Be it further enacted^ That the Manai:;ers 
appointed as aforesaid, before they enter on the duties 
Si*?ivl se-*^ ^^^^^'' ^^^^^ office, shall give separate bonds, with suf- 
parate bonds ficicnt surctics, to the Proprietors of said Bridge, each 
to Proprietors. Qjjg jjj ^ns proportionablc sum of twenty thousand dol- 
lars, and each one to be answerable for his own default, 
and be sworn for the faithful performance of said trust. 
Sec. 3. Be it further enacted, That the prizes 
which may be drawn in said Lottery shall be paid by 
paid?n^Sty^ *^'^ Managers iu thirty days next after the drawing of 
days. each class of said Lottery shall be completed ; those 

prizes not demanded within one year after the publica- 
tion of the drawing said Lottery, shall not be recover- 
able ; and the ?t!auagers 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 there- 
of, after deducting the compensation that the said Pro- 
prietors shall allow them for their services, which net 
proceeds shall be faithfully applied for the purpose of 
rebuilding saidBridge ; and the Proprietors of said 
Roprietors Bridge shall give bond with sufficient sureties, in such 
S'^lfrcom-s'ioi as his Excellency the Governor, with advice of 
monweaith. Council, shall direct to this Commonwealtli ; condi- 
tioned, that the net proceeds of said Lottery shall be 
faithfully applied 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. 

Sec. 4-. Be h further enacted, That said Managers 
shaU publish shall pubUsh the scheme or schemes of said Lottery in 
scheme. ^^^ q^. j^^^.^ ^f ^j^g public uewspapcrs printed in this 
Commonwealth, the time and place of drawing the same, 
and also lists of all prizes which maybe drawn therein. 
They shall also, after the business of said Lottery is 
completed, lay an account of their doin2;s 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. 



C. COURT COMMON PLEAB. June 14, 1815. 9 

Sec. 5. Be it further enacted, That said Managers 
shall refund all monies by them severally received for ^hjjJJ^^efUnd 
tickets, provided any class in said Lottery shall not be 
drawn within six months next after the time appointed 
and advertised for that purpose. 

Sec. G. Be it further enacted^ That this act shall How lon.^ ib 
continue in force for the term of four years, from and gj'^:^""^ "" 
after the passing of the same, and no longer. 

[Approved by the Governor, June 13, 1815.] 



CHAP. VIII. 

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

Sec. 1 XjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled f and by the 
authority of the same, That the Circuit Courts of Com- 
mon Pleas to be holden within and for the several coun- 
ties in the Western Circuit, in this Commonwealth, 
shall be holden at the several times hereafter mention- 
ed : That is to say, within and for the county of Wor- Place and 
cester, on the second Monday of March, on the third ^^^"^ ^°' ^"* 
Monday of June, on the Monday next after the fourtli 
Monday of August, and on the second Monday next af- 
ter the fourth Monday of November ; within and for 
the county of Hampshire, on the fourth Monday of 
March, on tlie third Monday of August, and on the 
third Monday of November ; within and for the coun- 
ty of Berkshire, on the first Monday of .lanuary, on the 
third Monday next after the fourth Monday in March, 
and on the third Monday of September ; within and 
for the county of Franklin, on the Tuesday of the week 
next after the fourth Monday of March, on the second 
Monday of August, and on the second Monday of No- 
vember ; within and for the county of Hampden, on the 
third Monday of March, on the fourth Monday of Au- 
o 



40 INSP. OF BEEF AND PORK. June 14, 1815. 

Proviso. gust, and on the fourth Monday of November : Pro- 
vided nevertheless. That the day of the week on which 
any of the said Courts are respectively to he holden as 
aforesaid, may, in all judicial proceedings, from time 
to time, be designated and expressed by such day of 
the week in the month, as will be the day of the month 
on which any Court is to be holden, pursuant to the 
foregoing arrangement. 

Sec. 2. Be it further enacted. That this act shall 

How long- to be in force from and after the first day of October next ; 

fOTce"^^"^ and all actions pending at, and all writs, recognizances 
and processe-i now made, or which may be made re- 
turnable to any of the aforesaid Courts, which, before 
the operation of this act. should have been holden at 
any other time or place, than those in this act affixed 
for holding said Courts, shall be returnable to, entered, 
made, proceeded on, tried and determined at the Courts 
next to be holden in each countv. after said first day of 
October next agreeable to the true intent of such writ, 
process, recognizance, or appeal. 

Sec. 3. Be it further enacted. That all acts and 
parts of acts, inconsistent with the provisions of this 

Acts repealed, act, sliall be, and the same are hereby repealed, from 
and after the said first day of October next. 

[Approved by the (governor, June 11, 1815.] 



CHAP. IX. 

An Act in addition to the several acts now in force to 
regulate the Inspection of Beef and Pork, to be ex- 
ported. 

Sec. 1. JjE it enacted by 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, every barrel or half barrel of Beef 
or Pork inspected and branded by the Inspector Gen- 
eral, or his Deputy, or either of them, shall, on so be- 
ed^wi3,^e*^'^"S inspected, be further branded with the month and 
month and vcar in which the same has been, or may hereafter be 
ye^ so inspected, in legible letters and figures. 



DUTIES C. SES. TRANSF. June 14, 1815. 11 

Sec. S. Be it further enacted, That the Inspector 
Greneral, or his Deputy, or either of them, may. when 
the month, in wliieh any Beef or Pork shall be in- 
spected, shall consist of more than one syllable, so 
abreviate the name of the month, as conveniently to ^J^^^^'^^^^Je 
brand the same on the head of each barrel or half bar- 
rel, by him or them inspected. 

Sec. 3. Be it further enacted, That one cent forFeeofinsper 
each barrel or half barrel of Beef or Poi k so branded, '"'' 
by virtue of this act, shall be further paid to the In- 
spector, or Deputy Inspector, who shall so brand the 
same, in addition to the fees already by law established. 

Sec. 1. Be it further enacted, That if any Inspect- 
or, or Deputy Inspector shall neglect or refuse to brand 
any Beef or Pork, to be exported agreeably to this act, 
the person or persons so offending, shall be subject and 
liable to the same penalties and forfeitures, as are re- FJ^e and for- 
coverable in the acts to which this act is an addition ; '^^™^^- 
Provided, That nothing in this act contained shall be Proviso. 
liolden to extend to any Beef or Pork, Avhicli before 
the passing of this act, may have been duly inspected 
and branded. 

[Approved by the Governor, June 14, 1815.] 



CHAP. X. 

An Act in addition to an act entitled " An act to trans- 
fer the powers and duties of the Courts of Sessions 
to the Circuit Court of Common Pleas, and for other 
purposes.'' 

Sec. 1. JjE it enacted hif the Senate and House of 
llepresentatives, in General Court assembled^ and bii 
the authority of the same, That the Circuit Court of 
Common Pleas may. whenever the public good requires 
it, adjourn from either of the stated terms established y^y adjoum 
by law, for doing session business, to a future day, or ^j^J^^jj,," * 
^me, to do session business only : and one of the Jus- 
tices of the said Circuit Court, with the two Session 
Justices of said county, or two Justices of the said Cir- 



13 \rESTERN COTTON MANUF. June ii,iSi5. 

cuit Court, with one Session Justice, (when both can- 
not attend.) or the said Circuit Justices, or any two of 
them, when the Session Justices of any county are in- 
terested, or unable to attend, may. at any term of said 
Court, or at said adjourned day. hear, adjudge, and de- 
termine, on all session business that may come before 
them 

Sec. 2. Be it further enacted. That the Justices of 
said Circuit Court, and the said Session Justices, shall 
leceive out of the Treasury of the county, where any 
Court may be held, for the purpose of doing session 
Cranpensation business, ten ccuts for each mile's travel from their re- 
•ttm^MeT^ spective homes to the place where the said Court may 
be held, and three dollars for each day's necessary at- 
tendance upon the business of said Court, in full com- 
pensation for their services. 

[Approved by the Governor, June 14, 1815.] 



CHAP. XI. 

An Act to incorporate certain persons by the name of 
the Western Cotton Manufactory. 

Sec. 1 XJE it enacted by the Senate and House of 
Hepresentatives. in General Court assembled, and by 
the authority of the same. That Jeduthau Fuller, Jo- 
Peiw« incor- seph Studly. George Hodges, John Clark, Rufus Ful- 
^°'"**^ ler, Charles Keith, Elijah Copeland, and Luther Cope- 
land, with such as already have or may hereafter asso- 
ciate with them, their successors and assign?, be, and 
they hereby are made a Corporation, by the name of 
The Western Cotton Manufactory, for the purpose of 
manufacturing cotton 2;ood3 within the town of West- 
ern : and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act passed the third day of 
March, in the year of our Lord one thous^nd eight hun- 
dred and nine, entitled, ••' An act defining the general 
powers and duties of Manufacturing Corporations *' 
Sec. 5. Be it further enacted^ Thai iht said Cor- 



TRiy. CHrR. BRIDGEWATER. June 14, 1815. 13 

poratioD may be lawfully seized and possessed of such ^i^y tioid real 
real estate, uot exceeding twenty thousand dollars, and esut^""" 
such personal estate, not exceeding one hundred thou- 
sand dollars in value, as maybe necessary and conve- 
nient for the carrying on the manufacturing of cotton 
goods. 

[Approved by the Governor, June 14, 1815.] 



CHAP. XII. 

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

Sec. 1. JDE it enacted hytlie Senate and House of 
Mepresentatives, in General Court assembled, and hy 
the authority of the same^ That Zadock Packard. Persons incor- 
Liibeus Kdson. John Edson, Benjamin Clark, Henry^^^ 
IStunroe. Francis Perkins, Eleazer Carver. Nathaniel 
Cars er. Benjamin Edson, Allen Edson, Theodore Ed- 
soa, Ephraim Sprague, Daniel Hariwell, A,sa Perkins, 
Joivj W. Keen, Benjamin Edson. jun. Simeon Taylor, 
PardoQ Packard, Jireh Swift, Jonathan Ames, John 
Gardner, James Alger, 3d, John S. Littlefield. John 
Curtis, Samuel Littlefield, Charles Littlefield, Seth 
Keith, Timothy Hayward, Holder Packard, Luther 
Thomas, Rael Swift, and Shepard Keith, of Bridge- 
water, in the countv of Plvmouth, with their families, 
polls, and estate-, together with such others as have, 
or may hereafter associate with them, and their suc- 
cessors, be, and they hereby are incorporated and es- 
tablished as a Rtligious Society of the Protestant 
Episcopal Church, by the name of Trinity Church, 
in said town of Bridgewater, with all the powers, pri- 
vileges, and immunities common to other parishes, or 
religious societies, and conformable to the constitution 
and laws of this Commonwealth. 

Sec. 2. Be it further enacted^ That any person, 
who may desire to become a member of said Episcopal Manner of b- 
church or society, and shall enter his or her name with ^l^'^'^ ''°^^' 
the Wardens and Vestrv, or Clerk of said «ocietT. 



14 TRINITY CHURCH. June 14, 1815- 

shall be deemed, taken, aud entitled, and they, with 
their polls aud estates, shall be liable in all lawful 
taxes and assessments, as members of said Episcopal 
society and parish ; and the members of said Episcopal 
parish shall be, and they, with their polls and estates, 
hereby are exempted from all other taxes and assess- 
ments for the support of public worship, in the town or 
Proviso parish where they may respectively reside ; Provided, 
That persons hereafter beeomin_^ members, shall give 
notice thereof in writing, to tlie Assessor or Clerk of 
the parish or town, where they reside ; and until such 
notice, shall not be entitled to the exemption aforesaid ; 
*lnd provided, That persons with(h*awing from the said 
Episcopal Society, who shall give notice thereof in 
writiug to the Wardens and Vestry or Clerk for the 
time being, shall be no longer liable in any taxes or as- 
sessments afterwards granted and voted therein : and 
they with their estates, shiill again become liable and 
holden in ail other taxes and duties, for the support of 
public Avorship, in the parish or towa where they may 
respectively reside, and as other inhabitants who are 
not entitled to any special exemption. 

Sec. 3. Be it further enacted. That the annual 
meeting of said Episcopal Society or Parish, shall be 
Time of hold- holden ou Eastcr Monday, in every year, at Trinity 
mg meeting, diurch, ill Bridgcwater, and at such annual meeting, 
or at an adjournment thereof, the members of said Par- 
ish shall choose by ballot their Wardens, Vestry, 
Clerk and Treasurer, and any other officer or oflBcers, 
for the management of the affairs of said Corporation, 
and levy taxes and assessments, for the support of said 
Bye-laws. Parish ; and pass all such bye-laws and rules as shall 
be deemed necessary for the well governing the said 
Parish, not incompatible with the laws and constitu- 
tion of this Commonwealth. 

Sec. 4. Be it further enacted, That the Wardens 
and Vestry of said Trinity Church, Society, or Parish 
for the time being, shall be, and are hereby made ca- 
Mayhoidreai pable to take and hold, by gift, grant or purchase, any 
and personal j-g^l or pcrsoual estate, and to manage and improve the 
same ; and for that purpose shall have a common seal, 
to be established, altered, and renewed, at their plea- 



TRINITY CHURCH. June 14, 1815. 15 

sure ; Providpdy That the annual income of the real Proviso. 
estate holden by them, shall not exceed the sum of five 
thousand dollars. 

Sec. 5. Be it further enacted^ That the AVardens ^^'ardens, &c. 
and Vestry of said Church shall be empowered to re- appu^inc^ome 
ceive and apply the income of a certain lot of land, si-o^i^ii 
tuated in Bridgewater, which was given by the late 
Samuel Edson, for the <^upport of an Orthodox Cler- 
gyman of the Protestant Episcopal Church, and which 
estate is now vested in the Board of Trustees of Do- 
nations to the Protestant Episcopal Church : FrovidedyPmriso. 
however, that the Corporation hereby established shall 
improve and occupy the said estate conformably to the 
will of the donor, and reserving to the said Board of 
Trustees of Donations any right or rights, which they 
have to the management of said estate, cither by law or 
contract. 

Sec. 6. Be it further enacted. That all gifts, grants, 
donations or legacies of money, or other personal estate, 
which are or shall hereafter be made to said Corpora- 
tion, to or for the benefit of said Church, Society or 
Parish, shall be funded, unless otherwise directed by 
the douor or donors, and the annual interest or income 
thereof, shall be applied to the support of an Orthodox Support of an 
Clergyman of the Episcopal Church, who shall be ap- '^J^*^^°^^*^^- 
proved by the Bishop of this Diocese : or, if the Epis- 
copate be vacant, by the standing committee of the Pro- 
testant Episcopal Church in this Diocese. 

Sec. 7. Be it further enacted. That the officers of officers shaU 
said Society, Parish or Corporation, shall not be enti- cooipen^sTidon. 
tied to, or receive any compensation, (the Clergyman 
excepted) for any services, out of any monies arising 
from the funds of the said Corporation. 

Sec. 8. Be it farther enacted, That the said Cor- 
poration or Parish shall be liable to sue or be sued,->iav sueorb« 
plead or to be impleaded before the Supreme Judicial*"*^" 
Court, at the suit of proper parties, and complaints by 
Bill in equity, and according to the course of proceed- 
ings in Courts of Law, having jurisdiction in matters of 
trust and donations for pious and charitable purposes ; 
and the Justices of the said Court shall have authority 
thereupon to enforce the faithful performances, specially 



16 PROB. COURTS, HAMPDEN. June 14, 1815. 

or otherwise, as the ease may require, of all trusts and 
appropriations limited and appointed upon any donation 
of lands, money, and other estate, real and personal, 
which shall be lawfully vested in the said Corporation 
or Parish ; and to inquire into the disposition and ma- 
nagement thereof : and by injunction, sequestration or 
otherwise to be granted and awarded by the said 
Court, such remedies and relief in the premises shall be 
aiforded as to law and justice shall appertain ; and Al- 
len Edson is hereby authorised to fix the time aud place 
for the first meeting of the said Corporation aud Pa- 
rish, of which he shall give due notice to each member 
thereof. 

[Approved by the Governor, June 14, 1815.] 



CHAP. xni. 

An Act appointing the places where the Probate Courts 
for the county of Hampden shall be holden. 

Sec. 1. XjE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the samef That the Court of Pro- 
bate for the county of Hampden, shall be held in the 
Time mA followiug towns, namely — In Springfield nine times in 
place for hold- gadj year ; at Westfield twice in each vear ; and at 
Monson twice in each year, at such times and places in 
said towns, as the Judge of Probate for said county 
shall from time to time appoint. 

Sec. 2. lie it further enacted. That this act shall 
be in force from and after the first day of September 
next : and that, after said day, all laws heretofore pass- 
Act repealed, ed, appointing the places of holding Probate Courts 
within the county of Hampden, be, and the same are 
hereby repealed. 

[Approved by the Governorj June 14, 1815.] 



PR. CHUR— MAINE C. M. AS. Jiniei%i9ib. 17 



CHAP. xrv. 

An Act to incorporate the Pastor, Deacons, and El- 
ders of the First Presbyterian Church, in Newbury- 
port. 

Sec. 1. _OE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Pastor, Deacous, Persons incor- 
and Elders of the First Presbyterian Church, in New-P''^='^^ 
buryport, 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 Newbury- 
port. 

Sec. 2. Be it further enacted, That said Pastor, 
Deacons, and Elders may have and uss a common 
seal, and the same may brea-:, alter, and renew at -^f^y use seal 
pleasure ; shall be capable of suing or beicg sued, in 
auy actions, real, personal, and mixed, in any Court 
proper to try the 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 in- 
come of which shall not exceed two thousand dollars, 
and may sell and dispose thereof at pleasure. 

[Approved by the Governor, June 14, 1815.] 



CHAP. XV. 

An Atit to incorporate the Maine Charitable Mechanic 
Association. 

Sec. 1. JljE it enacted by the Senate and House of 
BejJresentafiveSf in General Court assembled, and by 
the authority of the same. That John Phillips, Eleazer p ersons ir.cor 
Wyer, and Samuel Baker, and all those who have, or^^'"*^^'^ 
may hereafter associate with them, be, and they are 
hereby incorporated, and made a bo^y politic, by the 
3 ' • 



1^ MAINE C. M. ASSOCIATION. June 14, 1815. 

name of The Maine Charitable Mechanic Association, 
and by that name shall be known in law, and shall be 
capable of suing, and being sued, and shall have power 
to have and keep a common seal, to make bye-laws for 
the election of their members and officers, the collection 
of assessments, the regulation of their meetings, and 
the appropriation of their funds for charitable uses ; but 
shall not have power to make bye-laws and regulations 
for any other purposes whatsoever. 

Sec. 2. Be it further enacted, That the said Cor- 
May hold real poratiou sliall havc powcr, and shall be capable iti law 
and personal to purchasc, havc, hold, usc, take, possess, retain and 
enjoy in fee simple, or otherwise, any personal or real 
estate within this Commonwealth, not exceeding the 
value of ten thousand dollars in real estate, and ten 
thousand dollars in personal estate, and the same to sell, 
alien and dispose of at their pleasure. 

Sec. 3. Be it farther enacted. That the annual in- 
come of said Corporation shall be employed for the 
Appropriation purposes of relieving the distresses of unfortunate me- 
et income, ciiaiiics and tlieir families, to promote inventions and 
improvements in the mechanic arts, by granting premi- 
ums for said inventions and improvements, and to as- 
sist young mechanics with loans of money. 

Sec. 4. Be it farther enacted. That the said Cor- 
How lono- to poi'^tion shall be, and continue for, and during the 
continue^m term of twenty years, unless the Legislature shall, Avith- 
force. jjj ^.j^g^^ time, see fit to dissolve the same. 

Sec. 5. Be it furtJier enacted, That John Phillips, 
Eleazer Wyer, and Samuel Baker, be, and they here- 
Maycaii first by are authorised and empowered to call the first meet- 
meeting, ing of said Corporation, by giving notice of the time 
and place thereof, in one or more of the newspapers 
printed in the town of Portland, twenty days at least, 
before the time of such meeting. 

[Approved by the Governor, June 14, 1815 ] 



EPISCOPAL MIS. SOCIETY. June 14, 1815. 49 



CHAP. XVI. 

All Act incorporating John Sylvester John Grardiner, 
and others, into a Society, for religious purposes. 

Sec. 1.- Jt$E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
the authority of the same. That John Sylvester John Persons mcor- 
Gardiner, David Cobb, AsaEaton, Samuel Dunn, Tho- P^^'^^ed. 
mas L. Wiuthrop, Joseph Head, Joseph 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 incor- 
porated and made a body politic, by the name of The 
Massachusetts Episcopal Missionary Society, and Trus- 
tees of the Massachusetts 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 mak- 
ing bye-laws for the choice and election of members 
and officers, and regulating the affairs and disposing of 
the funds of said Society, and the property, real and 
personal, of said Society, to pious, charitable and re- 
ligious uses, and the same bye-laws to alter and amend 
at pleasure ; Provided said bye-laws are not repugnant Proviso. 
to the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said Corpora- 
tion shall have power, and shall be capable in law, to 
purchase, take, hold and receive by grant, devise, be- 
quest or otherwise, any personal or real estate, that has May hold real 
been, or shall be given, granted or conveyed to said So- ^^d personal 
ciety, Corporation or Trustees, for -the purpose of sup- 
porting Missionary Preachers or Ministers or teachers 
of the Protestant Episcopal Churches in America, or 
for the purpose of distributing bibles, common j>rayer 
books, and other religious Tracts among the people of 
this country ; Provided however^ That the clear yearly Proviso 
income of all such real and personal estate, possessed 
and held, or to be possessed and held by said Corpor- 
ation, shall never exceed the sum of ten thousand dol- 



20 PETEllSHAM COT. FACT. June 15, 1815. 

lars ; and 'provided also. That said income shall always 
be applied by said Corporation to the pious, charitable 
and religious uses aforesaid. 

Src. 3. Be it further enacted, That the Reverend 

John Sylvester John Gardiner, named in this act, be^ 

May call first and he hereby is authorised to call the first meeting of 

meeting. ^^.^ Corporation, by giving notice of the time and place 

thereof, in the Columbian Centinel, printed in Boston, 

seven d.iys before the time of such meeting. 

[Approved by the Governor, June 14, 1815.] 



CHAP. XVII. 

An Act to establish the Petersham Cotton Factory. 

Sec. 1. JOE it enacted hij the Senate and House of 
Hepresentatives in General Court assembled, and by the 
authority of the same, That Asahel Stowell, Levi 
Persons incor-Houghton, Joscpli Galloud, Israel Houghton of Peter- 
porate . gijam, Nathaniel Loring of Barre, and Samuel B. Bent, 
of VJutland, all in the county of Worcester, togetlier 
■with such other persons as may hereafter associate with 
them, their successors and assigns, be, and they here- 
by are made a Corporation, by the name of The Pe- 
tersham Cotton Factory, for the purpose of manufac- 
turing 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 de- 
fining the general powers and duties of Manufacturing 
Corporations." 

Sec. 2. Be it further enacted, That the said Corpo- 
ration may be lawfully seized and possessed of such 
May hold real y^.^\ estate, uot exceeding the value of fifteen thousand 
estate.^^'^ dollars, and such personal estate, not exceeding the va- 
lue of twenty thousand dollars, as may be necessary 
and convenient for carrying on the Manufactory afore- 
said. 

[^Approved by the Governor, June 15, 1815.] 



BOATS AND LIGHTERS. June 15, 1815. SI 



CHAP. XVIII. 

An Actjin addition to an act, entitled *' An act respecting 
Boats and Lighters employed in transporting Stones, 
Gravel or Sand, within this Commonwealth. 

Sec, 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same. That the marks, by an act, 
entitled " An act respecting; Boats and Lighters, em- 
ployed in transporting stones, gravel or sand, within 
this Commonwealth," directed to be made on Boats 
and Lighters, expressive of the weight such Boats and 
Lighters are capable of carrying, shall hereafter be in- 
spected once every year, and whenever such mark shall Maiks shall be 
be found to be illegible, the same shall be renewed. renewed. 

Sec. S. Be it further enacted. That whenever the 
Inspector shall be of opinion, that the burden or capa- 
city of any such Boat or Lighter, shall have been di- 
minished or increased by any repairs made on the 
same, or otherwise, it shall be his duty forthwith to as- Duty of in- 
certain anew the capacities of such Boats or Lighters, ^P^^^°^" 
and to mark the same accordingly. 

Sec. 3. Be it further enacted, That the Selectmen 
of towns in wiiich Boats or Lighters, used for the afore- 
said purposes, are owned, be, and they hereby are em- 
powered, and it shall be their duty to regulate the a- 
mount of fees which may be demanded by the Inspect- Selectmen 
or of Boats and Lighters, of the owners thereof, for the ^tmtoffbl^ 
performance of the duties imposed upon him by this 
act, and that to which this is an addition. 

[Approved by the Governor, June 15^ 1815.] 



MANU. COMP.— TURN. COR. June 15, 1815. 



CHAP. XIX. 

An Act to incorporate the Middleborougb Manufactur- 
ing Company. 

Sec. 1. JDE it p/nacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Benjamin Sbepard^jr. 
Persons incor- Thomas Weston, Horatio G. Wood, Nancy Nelson, 
^°^* * Sarah W. Shelpard, and Alanson Witherbee, with their 
associates, and such others, as may hereafter associate 
with them, their successors and assigns, be, and they 
hereby are matle a Corporation, by the name and style 
of The Middleborougb Manufacturing Company, for 
the purpose of manufacturing cotton yarn and cloth in 
the town of Middleborougb ; and for that purpose shall 
have all the powers and privileges, and be subject to all 
the duties and requirements contained in an act passed 
the third day of March, in the year of our Lord one- 
thousand eight hundred and nine, entitled " An act de- 
fining the general powers and duties of Manufacturing 
Corporations." 

Sec. 2. Be it further enacted, That said Corpor- 
isiny hold real atiou may lawfully hold and possess such real estate 



and personal 
estate. 



as they are now, or may hereafter be seized of, not ex- 
ceeding fifty thousand dollars, and personal estate not 
exceeding one hundred thousand dollars, as maybe ne- 
cessary and convenient for carrying on the manufacture 
of cotton yarn and cloth as aforesaid. 

[Approved by the Governor, June 15, 1815.] 



CHAP. XX. 

An Act in addition to an act, entitled " An act estab- 
lishing a Corporation, by the name of the Fifth Mas- 
sachusetts Turnpike Corporation.'' 

Sec. 1. JljE it enacted by the Senate and House of 
llepresentatives in General Court assembled^ and by 
authority of the same, That the Fifth Massachusetts 



LOANS. June 15, 1815. S3 

Turnpike Corporation be, and they are hereby author- 
ised 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 
Northfield branch. 

Sec. 2. Be it further enacted. That said Corpora- 
tion are hereby authorised to make any such altera- May make al- 
tions upon either the Northfield or Greenfield branches ^^^^^^°"^ 
of said road, as shall facilitate the travel by going round 
instead of over hills, without much increase or length 
of way. 

Sec. 3. Be it further enacted. That whenever any 
of the aforc'-aid alterations upon either of the branches of 
said road shall be made, and the new part thereof com- 
pleted and accepted, by a Committee to be appointed 
by the Circuit Court of Common Pleas, in the county 
in which the alteration shall be made, said Corpora- 
tion are hereby authorised to discontinue such parts of ^.% discon- 
the present road, as such alteration shall render unne-p"escnt road" 
cessary as a Turnpike road. 

[Approved by the Grovernor, June 15, 1815.] 



CHAP. XXI. 

An Act in addition to an act, entitled " An act relating 
to Loans made to defray expenses incurred by the 
Commonwealth during the late war, and for other 
purposes. '' 

Sec. 1. JlJE it enacted hy the Senate and House of 
He/presentaiives in General Court assembled^ and by the 
authority of the same, That all future transfers of the 
certificates of stock issued, or to be issued, by virtue of 
an act of this Commonwealth, entitled ^^ An act relating 
to loans made to defray tlie expenses incurred by the 
Commonwealth during the late war, and for other pur- Certificates 
poses,^' shall be so made as to render such certificates JJJ'*^^ P'^y^'^'e 
payable to the assignee or bearer, any thing in tlie said bea?e?^'^^ "^ 



2i! LEE COT. AND WOOL. MANU. June 15, 18i5. 

act, or tlie legulatious of the "Governor and Council 
made in conformity tliereto to the contrary notwith- 
tanding. 

Skc. 2. Be it further enacted, That in all cases in 
which the Treasurer of this Commonwealth shall have 
given any note to any Bank within this Commonwealth 
for money loaned before the passing of the aforesaid 
aot, or before the first day of April last past, for the 
purposes in the said act expressed, and such note shall 
have been sold or transferred, the holder of such note, 
upon application to the Treasurer for that purpose, and 
surrendering such note to the Treasurer shall be enti- 
shaii receive (led to receive the interest due thereon, which the Bank 
interest. would have l)een entitled to receive, if such note had not 
been sold or transferred ; and shall also be entitled to 
receive a certificate or certificates of stock for the amount 
of such note, payable to himself or his assigns, bearing 
the same interest and under the same date as certificates 
of stock issued by virtue of the act aforesaid ; and the 
transfer or assignments of such certificates shall be so 
made as to render such certificates payable to the as- 
signee or bearer. 

[Approved by the Governor, June 15, 1815,] 



CHAP. XXIL 

An Act to incorporate the Lee Woollen and Cotton 

Factory. 

Skc. 1. jLjE it enacted bjj the Senate and House 

of Representatives, in General Court assembled, and 

hij the authority of the same. That Samuel Porter, Wil- 

'^"^J'^"^'"^^^- lard Barn ham, Isaac Ball, Richard Hawk. Joseph Ball 

^^ '^ ^ and Lemuel Bassett, with such others as already liave or 

hereafter may associate with them, their successors 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 cotton cloth 

and yarn, in the town of Lee ; and for that purpose, 

shall have all the powers and privileges, and be subject 

to all tlie duties and requirements contained in an act 



SUPREME JUDICIAL COURT. JkKel5,i815. 35 

passed the third day of March, in the year of Lord one 
thousand eight hundred and nine, entitled " An act de- 
fining the general powers and duties of Manufacturing 
Corporations.^' 

Sec. 2. Be it further enacted^ That said Corpora- 
tion may be lawfully seized and possessed of such real ^^y hold i^al 
estate, not exceeding the value of fifty thousand dol-ertate!^^°" 
lars, and such personal estate, not exceeding the value 
of eighty thousand dollars, as may be necessary and 
convenient for carrying on the manufactory aforesaid. 
[Approved by the Grovernorj June 15, 1815.] 



CHAP. xxin. 

An Act to alter certain terms of the Supreme Judicial 
Court in the counties of Norfolk and Suffolk. 

XSE it enacted hy the Senate and House of 
Jlepresentatives^ in General Court assembled, and by 
the authority of the same, That the term of the Su- 
preme Judicial Court, which by law is now annually 
to be held at Dedham, within and for the county of 
Norfolk, on the first Tuesday of March, shall, hereaf- 
ter, by said Court be held at said Dedham, within and Time an4 
for said county of Norfolk, on the third Tuesday in Sij'cot-t '^^' 
February annually : And that the term of the Supreme 
Judicial Court, which, by law, is now annually to be 
held at Boston, within the county of Suffolk, and for 
the counties of Suffolk and Nantucket, on the second 
Tuesday in March, shall, hereafter, by said Court be 
held at said Boston, in said county of Suffolk, and for 
the said counties of Suffolk and Nantucket, on the first 
Tuesday in March, annually. 

[Approved by the Governor, .Time 15. 1815.] 



S6 TURN. COR.— CORN HILL COR. Junei5,iSi5. 



CHAP. XXIV. 

An Act ia addition to the several acts for establishing 
the Housatonuek river, and the Hudson Turnpike 
Corporations, and for repealing a part of the same. 

XjE it enacted by tJie Senate and House of 
Jleprssentatives, in General Court assembled, and by 
the authority of the same, That the Housatonuek Turn- 
pike Corporation shall be, and hereby are, empowered 
Shall receive to demand and receive, full toll, at their half turnpike 
gate in Lee, under the regulations and provisions which 
are made in the act or acts, to which this is in addi- 
tion. 

[Approved by the Governor, June 15, 1815.] 



fiiU vAi. 



CHxiP. XXV. 

An Act to incorporate the new Cornhill Corporation, 
in the town of Boston. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That John Bellows, Uri- 
Persons incor- ah Cottiiig, Ebenezer Francis, Nathan Appleton, Da- 
porated. ^-^^ Grreeiiough, and Benjamin P. Homer, with their as 
sociatcs, successors, and assigns, shall be, and hereby 
are constituted a body politic and cori)orate, by the 
name of the new Cornhill Corporation, in the town of 
Boston, for, and during the term of ten years from the 
passing of this act, and no longer ; And the said Cor- 
poration, 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, 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 Commonwealth, and generally to do and 



CORNHILL CORPORATION. June 15, 1815. §7 

execute whatever by law shall appertain to bodies 
politic. 

Sec. 2. Be it further enacted, That the said Cor- 
poration shall be, and is hereby declared capable to pur- 
chase^have, hold and possess, in fee simple, all the estate, ^y' '^°'*^ ^^t^ 
stores, houses, buildings, and lots of land, lying and estatt"^ °"^ 
being between Court-street, Hanover- Street. Fanuiel 
Hall Market, and Cornhill, in the town of Boston ; 
Frovidedy The lawful owners or proprietors thereof, Pr3vis,o. 
legally convey the same to the said Corporation ; and 
the said Corporation shall have power to lay out, and 
improve 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. 

Sec. 3. Be it further enacted, That any two of 
the persons named in the first section of this act, may 
call the first meetina; of the members of said Corpora- ^'^^^.'^^^^ ^"^^ 
tion, by giving ten days previous notice thereof, in 
some public newspaper, printed in Boston ; and at any 
meeting, the said Corporation may agree upon the 
number of shares, not exceeding four hundred, into Number ana 
which the stock and property of said Corporation shall gj"^.^^'**^ 
be divided, and upon the form of the certificates to be 
given to individuals, of the number of shares f)y them 
respectively held, and upon the mode and conditions 
of transferring the same, which shares shall be held 
and considered as personal estate ; they shall also 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 real 
estate, v/ithin the said limits, and generally for the 
improvement and good management of said estate, 
agreeably to the true intent and meaning of this act ; 
and to sell and dispose of the same shares for default 
in the payment of any assessment, in any way and 
manner they may determine ; and shall also have power 
to regulate the number of officers of said Corporation, 
and manner of choosing and removing the same, and to 
define their powers and duties ; and at all meeting*!, 



28 PERSONS SET OFF. June 15, 1815. 

each person shall have a number of votes equal to his 
number of shares. 

Skc. 4. Be it further enacted. That the share or 
shares of every individual of said Corporation, shall be 
to^S^itached-^^^'^^® ^^ ^® attached on mesne process, and taken and 
sold on execution, in the same way and manner as di- 
rected by an act, entitled " An act directing the mode 
of attaching on mesne process, and selling by execu- 
tion, shares of debtors, in incorporated companies ;" 
and the Clerk, or other officer of said Corporation, ha- 
ving custody of the books of said Corporation, shall, 
upon request, inform any officer, having any process of 
attachment or execution against any individual of said 
Corporation, of the number of shares which such indi- 
vidual may have therein. 

Sec. 5. Be it further enacted, That, at the expira- 
tion of said term of ten years, all real estate then be- 
longing to said Corporation, shall be, and the same is 
be w7ted\l° ^^^'^^y vested in such persons as may then be members 
members. thereof, and their respective heirs and assigns, as ten- 
ants in common, in proportion, and according to the 
number of shares they may then hold. 

[Approved by the Governor, June 15, 1815.] 



CHAP. XXVI. 

An Act to set off Samuel Reed and others, from the 
town of Bristol, and to annex them to the town of 
Nobleborough, in the county of Lincoln. 



B 



►E it enacted hy the Senate and House of 
Hepresentatives in General Court assembled, and by the 
authority of the same, That Samuel Reed, Joseph 
m-sonssetofr.i^^nowlton, Benjamin Day, Nathaniel Thompson, Ben- 
jamin Thompson, Thomas McFadden, Wasliington 
Knowlton, and Jesse Chapman, with their families and 
estates, as contained within the following described li- 
mits, be, and they are hereby set off from the town of 
Bristol, and annexed to Nobleborough, in the same 
county, viz : beginning at the north west corner qf 



LAND SET OFF. June 10, 1S15. 29 

Bristol, at Brown's cove ; thence south thirteen degrees 
east, seven poles ; thence east by south, six hundred 
poles, to Muddy pond ; thence soutli seven degrees east, 
across said pond, one hundred and thirteen poles, to a 
stake and stones at the south west corner of Joseph 
Knowlton's land ; thence south fifty-six degrees east, 
by the south line of Joseph Knowlton's and Benjamin 
Thompson's land, two hundred and fifty-eight poles, 
to Pemaquid lower pond ; thence south, sixty-one de- 
grees east across said pond, one hundred and thirty- 
nine poles to the narrows ; thence northerly by the 
channel of the said narrows, to the outlet of Pemaquid 
upper pond ; thence northerly and easterly by the shore 
of said pond last mentioned, to the south east corner of 
the town of Nobleborough : Provided hou'evpr^ That Proviso. 
the several persons before named, and their estates here- 
by annexed to the town of Nobleborough, shall be hol- 
den to pay all their State, county, town and parish 
taxes, legally assessed and remaining due and unpaid, 
prior to the date of this act : And the several persons 
herein before named, with their lands and estates, 
H\\d\\ hereafter be considered a part of tiie said town of 
Nobleborough, and shall there exercise and enjoy all 
the rights and privileges as inhabitants of tlie said 
town, and shall also be subject to the like duties and 
requisitions as the other inhabitants of the said town 
of Nobleborough, as fully and completely, as though 
they had been originally a part of the same. 

[Approved by the Governor, June 15, 1815.] 



CHAP. XXVII. 

An Act to set off a tract of land from the town of 
Freetown, and annex the same to the town of Fair- 
haven. 

JjE it eyiacied by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That a certain piece of laud Quantity of 
on the southeasterly corner of the town of Freetown, ^^"'^^^^°^- 



30 PORTLAND BANK. June 15, 1815. 

in the county of Bristol, a part of which is owned by 
Seth Spooner, and the residue by Paul Spooner being 
that part of the real estate of the late Honorable Wal- 
ter Spooner, Esq. deceased, which lies in the town of 
Annexed to Freetown, be and the same hereby is set off from the 
haven. Said towu, and annexed to the town of Fairhaven, and 

made a part of said town of Fairhaven. 

[Approved by the Governor, June 15, 1815.3 



CHAP. XXVIII. 

An Act authorising the President, Directors and Com- 
pany of the Portland Bank to reduce the amount of 
their capital stock. 

XjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
Amount o( ca- diitJiQyity of the Same, That from and after the passing 
pita s oc ^j ^j^^^ ^^^ ^1^^ capital stock of the President, Direc- 
tors and Company of the Portland Bank, shall be two 
hundred and fifty thousand dollars ; the number of 
Proviso. shares to be the same as at present established by law : 
Provided however. That no dividend of the capital 
stock of said Bank, as now existing, shall be made un- 
til proof shall have been made to the satisfaction of the 
Governor and Council, or of Commissioners by them 
appointed, tliat there actually exists in said Bank funds 
belonging to said Corporation sufficient to pay all bills 
in circulation, and all deposits and other demands ex- 
isting against the same, beyond the sum then to be di- 
vided : Provided also, That nothing herein contained 
shall be construed to affect the liability of the Corpor- 
ation or the individual Stockholders as established by 
the original act incorporating said Bank. 

[Approved by the Governor. June i5, 1815.] 



PUB. YEN.— GLASS MANU. June 10, 1815. 31 



CHAP. XXIX. 

An Act in addition to an act, entitled " An act to regu- 
late the sale of Goods at Public Vendue, and to re- 
peal all laws heretofore made for that purpose." 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by the 
authority of the same, That, on application in writing 
of any person to the Selectmen of any town in this Com- 
monwealth, to be licensed to sell goods or chatties at 
public vendue, if the Selectmen shall unreasonably neg- 
lect or refuse, after such application, to license such 
person or persons, applying as aforesaid, it shall and 
may be lawful for such applicant or applicants, first 
giving ten days notice to the Selectmen, so neglecting, 
or refusing as aforesaid, to apply to the Court of Ses- May apply to 
sions for the county where such applicant or applicants l^^ 9°^^ "^ 
reside ; which Court or a major part thereof, are here- 
by authorised and empowered, on hearing the parties, 
to license said applicant or applicants, if they shall ad- 
judge the same just and reasonable ; and provided such 
applicant give bonds to the Selectmen to pay all costs 
arising by the case being brought before the Court of 
Sessions. 

[Approved by the Governor, June 15, 1815.] 



CHAP. XXX. 

An Act to incorporate the Ludlow Glass Manufactur- 
ing Company. 

Sec. 1. Jl>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That .John Sikes, together with Persons incor 
such other persons as already have or may hereafter P°^^*^**" 
associate with him, their successors and assigns, be, 
and they are hereby made a Corporation, by the name 



33 PAT. PIN MANUFACTORY. Smie 15, 1815. 

of The Ludlow Manufacturing Company, for the pur- 
pose of manufacturing glass bottles, and all other kinds 
of glass ware, in the town of Ludlow ; and for this pur- 
pose, shall have all the powers and privileges, and shall 
also be subject to all the duties and requirements, con- 
tained in an act passed on the third day of March, in 
the year of our Lord one thousand eight hundred and 
nine, entitled " An act defining the general powers and 
duties of Manufacturing Corporations." 

Stc. S. Be it further enacted ^ That said Corpora- 
May hold veal tion mav Uwfully hold and possess such real estate, 
estate. not exceeding the value of twenty thousand dollars, 

and such personal estate, not exceeding the value of 
forty thousand dollars, as may be convenient for estab- 
lishing and carrying on the manufacture of glass afore- 
said. 

[Approved by the Governor, June 15^ 1815.] 



CHAP. XXXI. 

An Act to incorporate sundry persons by the name of 
the Patent Pin Manufactory. 

Sec. 1. JjK it enacted hij the Senate and House of 
Hepresentatives in General Court assembled, and by the 
authority of the same, That Elisha Penniman, Jeremiah 
Persons incor- Fitch, Moscs L. Morsc, aud Thomas Darling, with 
poiaie . such othcr persons as already have or hereafter may as- 
sociate with them, their successors and assigns, be, and 
they hereby are made a Corporation, by the name of 
The Patent Pin Manufactory, for the purpose of man- 
ufacturing pins with solid heads from the wire at one 
operation, with the business necessarily connected 
therewith ; and for such purposes, shall have all the 
powers and privileges, and be subject to all the duties 
and requirements, contained in an act, entitled " An 
act defining the general powers aud duties of Manu- 
facturing Corporations." 

Sec. 3. Beit further pnacted, That said Corpora- 
tion may be lawfully seized and possessed of such 



PEHSONS set off. J'une 15, 1815. S3 

real estate, nol exceeding the valueof twenty thousand May hold real 
dollars, for the use of said Corporation, and such pel^■ ^\at?"°"^ 
sonal estate, not exceeding fifty thousand dollars, as 
may be necessary for the purpose aforesaid. 

Sec. 3. Be it further enacted, That Eli^a Penni- 
man, Jeremiah Fitch, Moses L. Morse and Thomas 
Darling, or either two of them, are hereby authorised 
to call the first meeting of said Corporation, by publish- May call fi^t 
ing the time and place of holding such meeting in one"^^*^*"'^ 
or more of the newspapers printed in the town of 
Boston. 

[Approved by the Governor, June 15, 1815.] 



CHAP. XXXII. 

An Act to set ofT Joseph Chaplin, from the parish of 
Linebrook, and annex him to the first parish in 
JS-owley. 

JjE it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by the 
the authority of the same. That Joseph Chaplin, with Persons set offi- 
his family and estate, lying in the town of Rowley, be, 
and they hereby are set oft" from the parish of Line- 
brook, and annexed to the first parish in Rowley; there 
to do duties and enjoy the privileges of parishoners. 

Sec. 2. Be it further enacted, That the said Jo- 
seph Chaplain shall be holden to carry into full effect Agreement to 
the agreement between him and the said parish of Line- be carried into 
brook, (as entered on the parish records) relative to this ^^ ^ ^'^'* 
act. 

[Approved by the Governor, June 15, 1815.] 



34 NAMES A>LT'D— RELIG. SOC. June 15, 1815. 



CHAP. XXXIII. 

An act to alter and change the names of certain per- 
sons therein mentioned. 

XjE it enacted hy the Senate and House qfi 
Represpyitatives in General Court assembled, and by 
the authority of the same. That from and after the pas- 
ifjtmes alter 'd. sing of this act, George Lewis Gushing, a minor, and 
son of the late Greorge Augustus Cushins, of Boston, 
in the county of Suffolk, shall be allowed to take the 
name of George Augustus Gushing ; that Elisha God- 
dard, of the same Boston^ merchant, shall be allowed 
to take the name of Francis Edward Goddard ; that 
Pliuy Colburn, of South Reading, in the county of 
Middlesex, shall be allowed to take the name of Au- 
gustus George Pliny Golburn ; that Henry Thacher, of 
Biddeford, in the county of York, son of the Honora- 
ble George Thacher, of the same Biddeford, shall be 
allowed to take the name of Henry Savage Thacher ; 
that Asa Peabody, of Boston aforesaid. Esquire, shall 
be allowed to take the name of Augustus 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 and assume as aforesaid ; and the said 
names shall forever hereafter be considered as their on- 
ly proper and legal names, to all intents and purposes. 
[Approved by the Governor, June 15, 1815.] 



GHAP. XXXIV. 

An Act to incorporate the first Congregational Society 
in New Sharon. 



Sec. 1. XjE it enacted hy ike Senate and House of 
Ilepresentatives, in General Court assembled, and by 
the authority of the same. That Nathaniel Baker. 



NEW SHARON RELIG. SOC. June 15, 1815. 33 

Samuel Bradley, Wingate Bradley, Jonathan Crowell, Persons incoj;- 
Fobes Foord, Ebenezer Gove, Solomon Gove, Nathan- T^""''^^"^^- 
iel Harding, Nathaniel Harding, jun. James Homes, 
Josiah Howes, Stephen Howes, James Howes, Ezekiei 
I^aneaster, Francis May hew, Nathaniel Parsons, Ben- 
jamin Richardson, Francis Swan, Frederick Swan, 
and John Trask, with their families and estates, to- 
gether with such others as may hereafter become mem- 
bers of the first Congregational Society in New Sha- 
ron, be, and they are hereby incoporated and establish- 
ed as a Society, for religious purposes only, by the 
name of The first Congregational Society in New 
Sharon ; and the said Society is hereby invested with 
all the powers and privileges, and subjected to the same 
duties and requisitions as other religious societies, ac- 
cording to the constitution and laws of this Common- 
wealth. 

Sec. 2. Be it further enacted, That any person li- 
ving in the said town of New Sharon, who may at any 
lime hereafter desire to become a member of the said Manner of b^ 
first Congregational Society, shall declare his or herde- ^o™"'^^"^^"'^? 
sire and intention in writing, and deliver the same to 
the Minister or Clerk of the said Society, and a copy 
of the same declaration to the Clerk of the town ; and 
if such person doth receive and can produce a certifi-^ 
cate of admission, signed by the Minister or Clerk of 
the said Society, such person, with his, (or her) family 
and estate, from the date of said certificate, shall be 
considered a member of the said first Congregational 
Societj' in New Sharon. 

Sec. 3. Be it further enacted. That when any mem- 
ber of the said first Congregational Society, may see 
cause to secede therefrom, and to unite w ith any othe.r 
religious society in the said town of New Sharon, the 
same course and process, mutatis mutandis, shall be 
had and done, as is prescribed in the second section of 
this act : Provided hoivever, That in every case of se- Proviso, 
cession from one society and joining to another, every 
such person shall be holden to pay, his or her propor- 
tion or assessment of all parish or society taxes and ex- 
penses, assessed and not paid prior to such secession, 



as BOSTON COURT COM. PLEAS. June 15, 1815. 



Sec. 4. Be it further enacted^ That any Justice of 
the Peace for the county of Kennebeck, is hereby em- 
;;fustice to is- powered upon application therefor, to issue a warrant 
«ue warrant, directed to a freehold inhabitant belonging to the said 
Society, requiring hira to notify and warn a meeting 
thereof, to meet at such convenient time and place, as 
shall be appointed in the said warrant, to organize the 
Society, by the election of its officers. 

[Approved by the Governor, June 15, 1815 ] 



CHAP. XXXV. 

An Act in addition to an act, entitled ^^An act establish^ 
ing a Court of Common Pleas within and for the 
eounty of Suffidk, to be styled the Boston Court of 
Common Pleas." 

Sec 1. jDEif enacted by the Senate and House of 
Mepresentatives in General Court assembled ^ and by the 
authority of the same, That the Town Court in the 
town of Boston, in the county of Suffolk, shall have 
jim^icticn of original and concurrent jurisdiction of all civil actions 
^°"^' arising in the county of Suffolk, wherein the debt or 

damages do not exceed twenty dollars, in the same 
manner, and with the like powers, as Justices of the 
Peace have in said county. 

Sec. S. Be it further enacted, That all actions, in 
which the Judge of the Boston Court of Common Pleas 
shall be a party, shall be originally cognizable by the 
Supreme Judicial Court, holden within the county of 
Suffolk, and for the counties of Suffolk and Nantucket ; 
Writs, pre- aud all writs and precepts, in which said Judge of the 
cepta,&c. Boston Court of Common Pleas shall be a party, shall 
be returnable into said Supreme Judicial Court, and 
shall be tested in the same manner as other writs, re- 
turnable into said Court. 

Sec. 3. Be it further enacted. That whenever the 
Recorder of the Town Court shall be prevented, by 
sickness or other necessary or unavoidable cause, from 
attending said Court;, in case of the death or absence 



BOSTON COURT COM. PLEAS. Junei5, 1S15. S)f 

of the Judge of the Boston Court of CoDimon Pleas, the 

said Town Court may be adjourned by proclamation of Court maybe 

the Sheriff of the county of Suffolk, or either of his de- -adjourned. 

puties ; and all writs, processes, and other mavters, 

pending in said Town Court, shall be continued to the 

next term thereof. 

Sec. 4. Be it further enacted, That from and after 
the passing of this act, there shall be four terms annu- Number of 
ally of the Boston Court of Common Pleas, instead of ^^^^^^^'^^'y 
the terms now to be holden by law ; the same to com- 
mence on the first Tuesdays of July, October, January 
and April ; and all writs and processes, made returna- 
ble to the same Court, shall be made returnable at the 
periods aforesaid : And all Mrits and processes what- 
ever, which are now made returnable to the next Sep- 
tember term of said Court, and which would have had 
day therein, if this act had not been passed, shall be 
sustained and have day in the next October term 
thereof. 

[Approved by the Govej-nor, June 15, 1815.1 



COMMONWEALTH OF MASSACHUSETTS. 



Secretary's Office., Jlu%ust i&th, 1815. 
By this, I certify, that the Laws contained in this pamphlet, passed at the Session 
of the General Coiu-t, beginning; the 31st of May, and ending the 15th of June, A. D. 
1815, have been examined and compared with the originals in this Office, and appear 
to. be correct. ALDEN BRADFORD, 

Secretary ef the Commormealth 



LAWS 



COMMONWEALTH OF MASSACHUSETTS^ 

PASSED BY THE GENERAL COURT, 

AT THE SESSION COMMENCING ON THE 10th DAY OF JANUARY, 
AND ENDING ON THE 16th DAY OF FEBRUARY, 1816. 



CHAP. XXXVI. 



An Act regulating the attendance of the Grand Jurj';, 
at the Circuit Court of Common Pleas for the coun- 
ty of Somerset. 

j3E it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Justices of the Cir- Grand Jury,S0j 
cuit Court of Common Pleas, within and for the coun- '''"^^^* 
ty of Somerset, shall at any time within five years, 
from and after the passine; of this act, have pov/er to 
dispense with the attendance of the Grand Jui-y, at any 
term of said Court, when in their opinion it may be 
proper so to do. 

[Approved by the Governor, January 20, 1816.] 



CHAP. XXXVII. 

An Act respecting Clerks of Courts. 

JjE it enacted by the Senate and House of 
Bepresentatives in General Court assembled, and by 
the authority of the same. That the Supreme Judicial 
Court; and every other Court of record in this Com- 



n PUBLIC INSPECTORS. Jan. 20, 1816, 

monwealtli, who by law have a Clerk or Recorder, to 
record the proceedings of such Court, shall have poweif, 
and they are hereby respectively authorized, at any 
term of said Courts, to appoint a Clerk pro tempore, 
whenever by death, sickness, or inability to attend, the 
said Courts are deprived of the attendance in Court of 
the Clerk or Recorder of such Courts respectively : — 
c\eik%i,vaiem. Provided IwtveVer,thsLt in all cases, before such Clerk 
pro tempore, to be appointed as aforesaid, shall enter 
on the duties of his office, he shall take the same oaths of 
office which the Clerk or Recorder, for whom he may 
be substituted, is by law obliged to take, previous to 
his entering on the duties of his office ; And provided 
also, that the office and duty of such Clerks pro tem- 
pore, to be ajtpointed as aforesaid, shall cease from 
and after the disabilities or incapacities of the Clerks 
or Recorders of said Courts respectively, are removed, 
or new ones appointed, agreeably to the provisions of 
law. 

[Approved by the Governor, January 20, 1816.] 



CHAP. XXXVTII. 

An Act requiring certain public Inspectors to make 
annual returns. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That it shall be the duty of 
Annual Rctani. the Inspectors hereafter named, to make an annual re- 
- turn into the office of the Secretary of this Common- 
wealth, of the quantity of articles inspected by them, 
and their Deputies, in the course of the year, viz : — 
The Inspector of pot and pearl ashes, the Inspector of 
nails, the Inspector of butter and lard, the Inspector of 
hops, the Inspector of beef and pork, and the Inspec- 
tor of piclded fisti. 

Sec. 2. Be it further enacted, That the items of 
said returns shall be as follows : — That the Inspector 
of pot and pearl ashes, shall make a return of the num- 



LAW TERM S. J. COURT. Jan, 24, 1816. 48 

ber of casks of pot and pearl ashes, specifying the num- 
ber under each brand, and the weight of each specific 
quality That the Inspector of beef and pork shall 
return the whole number of barrels under each of the 
respective brands used by him. That the Inspector 
of nails shall make return of the number of casks, and 
weight of wrought and cut nails, specifying the differ- 
ent quantities of each. That the Inspector of butter 
and lard shall make a return of the number of casks of 
different qualities of these articles branded by him, 
and the weight of the respective kinds. That the In- 
spector of pickled fish shall make return of the gross 
quantities offish inspected by him. That the Inspec-Kow Retimis 
tor of hops shall return the whole number of bags' "^ 
marked by him, of the different qualities, and the 
weight of each quality respectively. 

Sec. 3. He it furtlipv enacted, That the several In- 
spectors before named, shall require of their several 
Deputies to make the returns to tliera, necessary to 
carry into effect the provisions of this act. 'IMie seve-Tiieir Deputies 
ral Inspectors shall make up the returns before speei- tuirr'' '^ 
fied, to the first day of May of each year, and send in 
their returns to the Secretary's office, in the course of 
the same mcmth. 

[Approved by the Governor, January 20, 1816.] 



CHAP. XXXIX. 

An Act in addition to the act establishing a law term of 
the supreme Judicial Court within and for the coun- 
ties of Plymouth and Bristol. 

Sec. 1. jjE it enacted hy the Senate and House of 
llsjpresentatives in General Court assembled, and by 
the authority of the same. That from and after the""^*" Appeals 
passing of this act, when any judgment is rendered by^' '** 
any Circuit Court of Common Pleas, holden in and 
for cither of the counties of Plymouth or Bristol, on an 
issue in law, (unless there is a reservation in the plead- 
ings to wave the samrs at tlie Snpr»^nie Judi^-ial Court. 



44 LAW TERM S. J. COURT. Jan. 2% 4816. 

and there plead anew,) and either party shall appeal 
from such judgment, that such appeal shall be to the 
law term of the Supreme Judicial Court, next to be 
hold en within and for the said counties of Plymouth 
and Bristol, and such action shall be heard and tried 
by said Court. 

Skc. 2. Be it further enacted, That when an appeal 
is made from the decree of the Judge of Probate, of 
either of said counties, with regard to the sanity of a 
testator to the Supreme Judicial Court for said county, 
and the parties do not agree to have the same decided 
Jury to decide by the Court, that in every such case the same shall 
of Testator' "^^ be tried by a jury, under the direction of the Judge, 
who shall attend said Court, (if but one Judge is pre- 
sent,) and either of the parties who shall be dissatisfied 
with the direction of the .Tiidge, may have the point or 
points saved foi the consideration and determination of 
the Justices of said Court, at their next law term, in 
a:.d for said counties ; and the same proceedings shall 
be had as in other cases tried in said Court by a jury. 
But if the parties shall agree that the same shall be 
tried by the Court, then the same shall be transferred 
to the next law term of said Court, to be holden in and 
for said counties, in the same way and manner as law 
questions are by said Court heard and tried. 

Sec. 3. Be it further enacted, That the Justices of 
said Court, at any law term, in either of said counties, 
are hereby authorized to receive the report of Referees 
in any case referred from the Supreme Judicial Court, 
in either of said counties, to render judgment, and 
award execution thereon, and also to decide on any 
other matter which shall be submitted to them, by the 
parties in any action, render judgment, and award ex- 
ecution thereon. 

[Approved by the Governor, January S-i, 1810.] 



TRUS. SACO FREE BRIDGE. Jan. %% 1816. 45 



CHAP. XL. 

An Act incorporating Trustees of the Saco Free Bridge 

Fund. 

Sec, 1. JjE it enacted bytJie Senate and House of 
Hepresentativps in General Court assembled, and by 
the authority of the same, That Jeremiah Hill, Israel Persons incor- 
Lassel, Samuel Pierson, Samuel Hartley, Keuhen H.^^"^^^*^ 
Green, and Jonathan Tucker, be, and are hereby ap- 
pointed and incorporated as Trustees, by the name of 
the Trustees of Saco Free Bridge Fund, and by that 
name they and their successors in office shall be, and 
continue a body politic and corporate forever ; and they 
shall have a common seal subject to alteration, and they 
may sue and be sued, in all actions real, personal and 
mixed, and prosecute and defend the same to final judg- 
ment and execution, by the name aforesaid, and shall 
have all other powers which are incident to, and neces- 
sarily belonging to the like corporations ; and the said 
Trustees and their successors may annually elect one 
of their number as President, a Clerk to record the 
doings of said Trustees, and a Treasurer to receive and 
pay the monies belonging to the fund according to the 
provisions of this act, who shall give bond to the said 
Trustees for the faithful performance of his duty. 

Sec. 2. Be it further enacted, That the number of 
the Trustees aforesaid shall not be more than seven, 
nor less than five, which number shall be necessary to 
constitute a quorum for transacting business — and that 
whenever one or more of the Trustees aforesaid shall Vacancies fiUeu 
die or resign the duties of his office, the surviving Trus-'"' 
tees may fill such vacancy or vacancies. 

Sec. 3. Be it farther enacted, That the said Trus- 
tees be, and they are hereby authorized and empowered 
to sell and convey the lands heretofore granted by this 
Commonwealth to the proprietors of Saco Free Bridges, 
and the monies arising f#om the sale of the said lands 
shall be put on interest, and shall form a fund for the 
support of the Free Bridges over Saco River, whirii 



46 



TOWN OF KINGFIELD. 



Jan. 24, 1816. 



shall be under the care and management of said Trus- 
tees; and all gifts, grants or donations which have been 
or may be hereafter made, to and for the same use 
and purpose shall be under the same care and improve- 
PoweisoiTrus-ment of the Trustees aforesaid : and the Agent for tlie 
^"^^^ sale of Eastern lands is hereby authorized to sign and 

convey to the Trustees aforesaid the lands granted to 
the proprietors of Saco Free Bridges by tliis Common- 
wealth. by their Resolves dated the second day of March, 
on thousand eight hundred and ten, and January the 
twenty-eighth, one thousand eight hundred and fifteen, 
any condition in said Resolves to the contrary notwith- 
standing. 

Sec 4. Be it further enacted. That the Trustees 
oi aforesaid shall be obligated to keep and maintain the 
Bridges aforesaid in good repair so far as said fund 
shall be sufficient therefor ; and to this end they shall 
give bond to tise Treasurer of the Commonwealth for 
the time being, and to his successor in said office, in the 
penal sum of three thousand dollars, for their faithful 
execution of the trust reposed in them by this act. 

8ec. 5. Be it further enacted^ That Samuel Pierson, 
Ksquire. be, and he is authorized and empowered to fix: 
Holding first the time and place for holding the first meeting of the 
mettinsr. gg^^^j Trustces, aud to notify them thereof. 

[Approved by the Governor, Januaiy S4, 1816.] 



Obligations 
Ti'ustecs. 



CHAP. XLL 



An Act to establish the town of Kingfield, in the county 
of Somerset. 

Sec. 1. BEz7 enacted hij the Senate and House of 
Ilepresentatives, in General Court assemhled, and by 
the authority of the same That the Plantation numbered 
three, in the first range of townships, on the west side 
of Kennebeck river, (within the Bingham purchase) as 
contained within the following described boundaries, 
be, and hereby is establislied as a town by the name of 
Kingfield, viz. bounded south by New Portland aud 
Freeman ; west by the township numbered four; in the 



PERSONS SET OFF. Jan. S7, 1816. 4/7 

first ran2;e ; north by the township numbered three, iu. 
the second range, and east by the township numbered 
two, iu the first range, as laid down in a plan, by actual 
survey, made by Solomon Adams, of Farmington, the 
measure thereof being six miles and one hundred and 
fifty four rods, from east to west, and six miles from 
north to south ; and the said town of Kingfield is here- 
by vested with all the powers and privileges, and sub- 
jected to all the duties and requisitions of other corpo- 
rate towns, according to the constitution and laws of 
Ills Commonwealth. 

Sec. 2. Bp it further enacted. That any Justice of 
the Peace for the county of Somerset, is hereby em- 
powered, upon application therefor, to issue a warrant, 
directed to a freehold inhabitant of the said town of 
Kingfield, requiring him to notify and warn the quali- 
fied freeholders therein, to meet at such convenient time J^°|,';!^^°^ ^"^'"^ 
and place, as shall be appointed in said warrant, for 
the choice of such town otficers, as towns are by lav,' 
required to choose at their annual town meetings. 

[Approved by the Governor, January §4, 18l6.] 



CHAP. XLII. 

An Act to repeal an act, entitled ^* An act setting off 
Samuel Sparhawk of Cambridge, in the county of 
Middlesex, from the South Parish in Cambridge, 
an'i annexing him and his estate to the first parish 
in said town.*' 

He it enacted by the Senate and House of 
Representatives in General Court assembled, and bij 
the authority of the same. That an Act passed the 
twenty-seventh day of February, one thousand seven 
hundred and ninety-five, entitled " An act setting off 
Samuel Sparhawk of Cambridge, in the county of 
Middlesex, from the South parish in Cambridge, and 
annexing him and his estate to the first parish in said 
town," bC; and the same is herebv repealed : and the 
7 



takintr fish. 



FISHERY IN MALDEN. Jan. 27, 1816. 

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. 

[Approved by the Governor, January 27, 1816.] 



CHAP. XLIII. 

An Act for the regulation of the Fishery, in the town 
of Maiden. 

Sec. 1. JjE it enacted hy the Senate and House of 
lieprpsentatives, in iseneral 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 |)ond, within the limits of the town of Mai- 
den, in the county of Middlesex, excepting as herein- 
penaityfor after by this act is provided, each person so offending 
shall forfeit and pay a sum, not exceeding twenty dol- 
lars, nor less than ten dollars for each offence, to be 
recovered in an action of debt, before any ( ourt proper 
to try the same, in the county of Middlesex, one half 
thereof to the use of him or them who shall sue for the 
same, and the other half to the use of the said town of 
Maiden. 

Sec. 2. Be it further enacted, That from and after 
the passing of of this act, it shall be lawful for any and 
all the inhabitants of the said town of Maiden, to catch 
Shad and Alewives within the limits of the said town, 
on every Monday, Wednesday and Friday, from sun 
a imcoi taking rising on each of the said days, to sun-rising on the 
next succeeding day in each week, from the iirst day 
of March, to the tenth day of June, annually, at such 
place or places only as shall have been previously deter- 
mjued by the said town. 

[Approved by the Grovernor, January 27? 1816.1 



Ml 



G. HOUDLETTE— MOSCOW. Jan, 30, 1810, 49 



CHAP. XLIV. 

An Act to empower George Houdlette to build a Tide 
Mill, oi Mills, on Eastern river, in the town of 
Dresden. 

JjE it enacted ly the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That George Houdlette be, 
and he is herel)y empowered to build a tide Mill or 
Mills on Eastern river, in the town of Dresden : Pro- 
vided the Navigation of the said Eastern river shall 
not be obstructed by the said Mills : ind provided also, 
that, after the expiration of twenty years it shall be 
lawful for the Legislature to amend or to repeal this 
Act. 

[Approved by the Governor, January 30, 1816] 



CHAP. XLV. 

An Act to establish the town of Moscow in the County 
of Somerset. 

3ec. 1. 1>E it enacted by the Seriate and House of 
Mepresentatives^ in General Court assembled, and by 
the authority of the same, That the township number- 
ed one, in the second range, on the East side of Ken- 
nebeck river, within the Million acres (commonly call- 
ed Bingham's pa,tent) be, and the said township is 
hereby cstablislied a town, according to the following 
described bounds, by the name of Moscow : viz. Biast 
by the township numbered two in the second range d^^'^^s 
aforesaid, North by the South line of the second range, 
West by Kennebeck river, and South by the town of 
Bingham. And the inhabitants of the said town of 
Moscow, are hereby vested with all the powers and 
privileges, and subjected to the like duties and requi- 
sitions of other corporate towns, according to the con- 
stitution and laws of this Commonwealth. 



Town Bound- 



officers. 



50 N, W. R. C. con.— MANU. COMP. Jan. 30, 1816, 

Sec. 3. Be it furtJiPr enactpd, That any Justice 
of the Peace for the county of Somerset is hereby em- 
powered to issue a warrant, directed to a freehold in- 
habitant of the said town of Moscow, requiring him to 
Choice of toun no! ify and warn the inhabitants thereof to meet at such 
convenient time and place, as shall be appointed in the 
said warrant, for the choice of such officers as towns 
are required by law to choose at their annual town 
meetings. 

[Approved by the Governor, January 30, 1816.] 



CHAP. XLYI. 

An Act in addition to an act, entitled '^ An act es- 
tablishing the North- West lliver Canal Corpor- 
ation." 

JBE it p/iiacted hy the Senate and House of 
Mepresentatives^ in General Court assembled, and by 
the authority of the same, That the proprietors of the 
North- West Kiver Canal Corporation be, and they 
hereby are allowed a further term of two years in ad- 
dition to the time provided in their Act of Incorpora- 
tion to make their Canal, any thing in their Act of In- 
corj)oration to the contrary notwithstanding. 

[Approved by the Governor, January 30, 1816.] 



CHAP. XLVTI. 

An Act to incorporate the Douglas Cotton Manu- 
facturing Company. 

Sec. 1. ijE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Ezekiel Preston, Rich- 
ard Olney, Welcome Whipple, and others doing 
busiuess under the name and firm of the Douglas Cot- 
ton Manufacturing Company, and such others as may 
hereafter associate wit!i them, their successors and 



I'ersons incor- 
porated. 



TOWN OF WALES. ¥eh. l, 181 6. 51 

assigns, be, and they hereby arc made a Corporation, 
by the name of the Douglas Cotton Vlanufacturing 
Company, for the purpose of manufacturing cottoa 
yarn and cloth in the town of Douglas, in the coun- 
ty of Worcester, and for the purposes aforesaid shall 
have all the powers and privileges, and be subject to 
all the duties and requirf meets contained in an Act 
pas ed on the third day of March, in the year of our 
Lord one thousand eight hundred and nine, entitled 
'^ An act defining the general powers and duties of 
Manufacturing Corporations." 

Sec. S. Be it further enacted^ That said Corpora- 
tion may be lawfully seized and possessed of such 
real estate, not exceeding the value of one hundred ^lay 'wW real 
thousand dollars, and such personal estate, not ex estatr^^""** 
ceeding the value of one huntlred thousand dollars, as 
may be necessary and convenient for carrying on the 
manufacture aforesaid. 

[Approved by the Governor, February 1, 1816.] 



CHAP. XLVIIL 

An Act to establish the town of Wales in the county 
of Lincoln. 

Sec. 1. JSE it enacted by the Senate and House of 
^Representatives in General Court assembled, and by 
the authority of the same, That the plantation called 
Wales, as contained within the following described 
boundaries, be, and hereby is established as a town. Town bound- 
by the name of Wales, viz. North by the town oP™^ 
Monmouth, East by the town of Litchfield, South by 
the town of Lisbon, and West by the town of Greene, 
and a corner of the town of Leeds. And the said town 
of Wales, is hereby vested with all the powers and 
privileges, and subject to all the duties and requisi- 
tions of other corporate towns, according to the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice 
of the Peace for the county of Lincoln is hereby em- 
powered, upon application therefor, to issue a warrant 



5^ LAW— CON. SOC'Y IN UNION. Feh. i, 1816. 

directed to a freehold inhabitant of said to\vn of Wales, 
requiring him to notify and warn the inhabitants thereof, 
qualified to vote in town affairs, to meet at such con- 
venient time and place, as shall be appointed in the 
said warrant, for the choice of such town officers, as 
Choice of town towns arc bj law empowered and required to choose 
*^"^' and appoint at their annual town meetings. 

[Approved by the Grovernor, February 1, 1816.] 



CHAP. XLIX. 

An Act to regulate the Practice of Law in certain 

cases. 

Sec. 1. jjE if 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 this Act, no person shall engage or be employ- 
ed as Counsel or Attorney before any Court within this 
Commonwealth in any action which he shall have de- 
termined as Judge or Justice of the Peace ; and if any 
person as aforefaid shall appear as Counsel or Attor- 
ney in any action or suit, he shall not be permitted to 
prosecute, defend, answer to, or manage such action 
or s^uit. 

Sec. 2. Be it further enacted, That no Justice of 
the Peace within this Commonwealth shall hear or 
determine any civil action which shall have been com- 
menced by himself or by his order or direction, and 
every civil action commenced as aforesaid shall abate. 

[Approved by the Governor, February 1, 1816.] 



CHAP. L. 

Au Act to incorporate the first Congregational Society 
in the town of Union. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same^ That Nathaniel Robbins, 
Rufus Gilmore, Ebenez«3r Alden, Robert Foster, Amos 



CON. SOCIETY IN UNION. Feh. i, 1816. 58 

Barrett, John Little, Joseph Vaughn, Elisha Bennet, 
Moses Morse, Jonathan Carriel Jun. Calvin Morse, 
John Folger, Ahijah Ha.wes, David Rohbins, James 
Kice, Seth Luce, Jesse Robbins, Herman Hawes, A- 
luariah Mero, Thomas Mitchell, Nathan Daniels, 
Levi Mor<?e, John P. Robbins, Nathaniel Fatchelor, 
William Dougherty, Fisher riart, Caleb T. Jacobs, 
"William Hart, David fJobbins Jun. Jonathan Carriel, p^^^^^^ j^^^j., 
Micajah Gleason, Whiting Hawes, John W. Lindley, poiated. 
Ebenezer W. Adams, ISamuel Spear, John Tobey, 
David Carriel, Jeremiah Mitchell Thaddeus Shepard^ 
and Noah Hiee, with such other inhabitants of the 
town of Union as do not belong to any other religious 
society, and such as may hereafter associate with thera, 
with their polls and estates, be, and they hereby are 
incorporated into a Religious Society, by the name of 
the First Congregational Society in Union ; and the 
said Society is hereby invested with all the powers 
and privileges, and subjected to the same duties and 
requisitions as other Religious Societies are invested 
and subjected to, according to the Laws and Consti- 
tution of this Commonwealth. 

Sec. 2. Pe it further enacted. That if any person 
living in said town of Union, who may at any time 
hereafter desire to become a Member of said First 
Congregational Society, shall declare his or her desire 
and intention thereof in writing, and deliver the same Membership. 
to the Minister or Clerk of said Society, and a copy 
of the same to the Minister or Clerk of the Religious 
Society to which he or she may at that time belong, 
such person shall from the time of delivering such de- 
claration be considered a Member of said First Con- 
gregational Society in Union. 

Sec. 3. Be it further enacted, That when any 
member of the said First Congregational Society may 
think proper to secede therefrom, and to unite with any 
other Religious Society in the said town of Union, the condiiiou o/ 
same course and process, mutatis mutandis, shall be ^^'^'^'•''"" 
had and done as is prescribed in the second section of 
this Act; provided, however, that in every case of se- 
cession from one Religious Society and joining another, 
every such person shall be held to pay his or her pro- 



54< SECURING LOGS, MASTS, &c. Feb. i, 1816. 

portion or assessment of all Parish or Society Taxes 
legally voted by the Society prior to his or her secess- 
ion therefrom in manner above pointed out. 

Slc. 4) He it further enacftd, That any Justice 
of ihe Peace for tlie county of Lincoln, upon applica- 
iaiS/^ '^^^^^ *i®" therefor, is hereby authorized to issue his warrant 
directed to some member of said Congregational So- 
ciety, requiring him to notify and summon the mem- 
bers thereof, to meet at such convenient time and place 
as may be appointed in said warrant, to organize the 
said J^ociety by the election of its officers. 

[Approved by the Governor, February 1, 1816.] 



CHAP. LL 

An Act in further addition to an act entitled, " An 
Act to secure to owners their property in Logs, 
Masts, Spars, and other Timber in certain cases." 

Sec. 1. oE it evaded hj the Senate and House of 
Hepresentatives in General Court assemhled^ and by 
the authority of the same, That all Logs, Masts Spars 
and other Timlier, floated in Sheepscot river, in the 
county of Lincoln, unmarked or on which the marks 
shall have been so defaced as not to be known, com- 
monly called prize logs, shall be carefully secured by 
themselves, either at Choate's Falls in \\ hitefield, or 
at the head of the Tide, so called in Alna, as may be 
dis^osiV^° 'rfzc ^"^^ convenient, by a Committee of three persons, two 
loss ° of whom shall be appointed by the Selectmen of the 
town of Ahia, and one by the Selectmen of the town of 
Whitelield, in the month of March annually ; and the 
said Committee shall sell such prize logs, at snch time 
and place, and in such manner as they shall think 
proper and advantageous. — And the proceeds of such 
sales, after deducting the necessary expenses of secur- 
ing: i.nd sellins: the same, shall bv said Committee be 
appropriated to the clearing the river of obstructions, 
and facilitating the passage of logs and rafts down the 
same. And the (^ommittee shall exhibit annually in 
the month of March, at the expiration of their term of 



TOWN OF GREENWOOD, Feb. 2, 1816. 55 

service, to the Selectmen of tlie town of Alna and 
Whitefield respectively, an account of the sales and 
expenditures by them made during the year, and shall 
pay over all money remaining in their hands (if any) 
to their successors in that office. 

Sec. 2. Be it further enacted, That any person 
or persons, not being the owners of such prize Logs, 
jVIas^s, Spars or other I'imber, ^yho shall take, carry 
away, sell or mark the same, either before or after 
they are secured by the before mentioned ("ommittee, 
contrary to the intent and meanina: of this act, shall Penalty' for 
forfeit and pay for each and every offence, the sum of 
twenty dollars, to be recovered by an action of debt iu 
any court, proper to try the same, with legal costs, to 
be prosecuted by the Committee for the time being, or 
any other person, and to be paid to the Committee 
aforesaid, and to be by them appropriated as the pro- 
ceeds of the sales of prize Logs are by this Act ordered 
to be appropriated, 

Sec. 3. Be it further enacted, That the act enti- 
tled an act in further addition to the act, entitled an ^ 
act to secure to owners their property in Logs, Masts, Fomev Act re 
Spars and other Timber in certain cases, passed ^^^^^'' 
March the fourth, in the year of our Lord one thousaiid 
eight luuidred and eight, be, and the same is hereby 
repealed. 

[Approved by the Governor, February 3, 1816.] 



CHAP. LIl. 

An Act to incorporate the town of Greenwood. 

Sec. 1. JjE it evaded hythe Senate and Bouse of 
Bepresentatives in General Court assembled, and by 
the authority of the same^ That the plantation number 
four, in tlie county of Oxford, as described within theTov^ boimJa, 
follov/ing bounds, viz — beginning at the north-east' 
corner of the town of Norway ; thence running uorth 
fourteen degrees west, on the'line of the town of Paris 
two miles and ninety rods to the north-west corner of 
the town of Paris ; thence north thirty degrees west by 

o 



TiCS. 



^ t. U. SOC^Y IN WATERVILLE. Feb. S, 1816. 

the town of "Woodstock and Hamlin's gore, seven miles 
and twenty-one rods to a beach-tree on Bethel south line; 
thence south seventy degrees west on Bethel south line, 
three miles, two hundied and eighty rods to the line of 
the town of Albany ; thence south twenty degrees east 
by the line of the town of Albany seven miles two 
hundred and eighty rods, to a stake ; thence south 
twenty-five degrees east by Norway line, one mile to a 
stake ; thence north sixty-five degrees east by Norway 
line four hundred and eighty rods, to a stake ; thence 
south twenty-five degrees east by Norway line fifty- 
five rods to a stake ; thence north seventy-six degrees 
east by the head line of Norway one thousand and 
four rods to the first mentioned bounds, with the in- 
habitants thereon, be, and they hereby are incorporated 
into a town, by the name of Greenwood, and vested 
with all the powers and privileges, and subject to all 
the duties and requisitions of other towns according to 
the ( 'Onstitution and Laws of this Commonwealth, 

Sec. 2. Be itfurtJier enacted^ That any Justice of 
the Peace for the county of Oxford, is hereby empow- 
ered, upon application therefor, to issue his warrant, 
directed to a freehold inhabitant of the said town of 
Greenwoodj requiring him to notify and warn the in- 
habitants thereof, to meet at such eoiivenient time and 
Choice of town place as shall be expressed in said warrant, to choose 
officers. g^ii gy(.jj oflBcers as towns are by law required to choose 

in the months of March or April annually. 

[Approved by the Governor;, February 2, 1816.] 



CHAP. LIII. 

An Act to incorporate the First Universalist Society 
in Waterville. 



Sec. 1. xjF it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same. That Asa Soule, Samuel 
Downing. Solomon Hallet, David Pattee, Abraham 
Lander, Joshua Boyington, Elisha Hallet, Ebenezer 
Moore, Samuel Gower, Moses Hcaly, Daniel Moor, 



FISHERY IN WOBURN. Feh. S, 1816. 57 

Baxter Crowell, Richard M. Dorr, James Shorey, 
Ichabod Smith, Moody Lander, Abel Wheeler, A- 
braham Morrell, Josiah Morrell, Edward Ksty, Joseph 
Warren, Thomas M'Farland, David M'Farland, Wil- 
liam M'Farland, Thomas Cook, Reuben Shorey, Alex- 
ander M'Kecknie, Benjamin Soule, Benjamin Foster, ^^1;^^°"^^ >"<=<»'■' 
James G. Getchell W^illiam PuUen 3d, Henry Hieh-'^'°'^^ 
ardson 3d, Joseph H. Hallet, Simeon Tozer, jun. 
Sila^ Osgood, Elias Tozer, jun. and Leonard Pullen, 
with their families aud estates, together with such 
others as may hereafter associate with them, or their 
successors, be, aud they are hereby incorporated into a 
Religious Society, by the name of The First Univcr- » 

salist Society in Waterville, with all the powers, priv- 
ilegps and immunities, and subject to all the duties to 
which other parishes or Religious Societies are enti- 
tled or subjected by the Constitution and Laws of this 
Commonwealth. 

Se :. 3. Be it further enacted, That any Justice of 
the Peace in the county of Kennebeck, be, and he here- 
by is authorized to issue his warrant, directed to some^'^''^'^'',^*^^*'^^ 

*' , warrant. 

suitable person, who is a Member of said Universalist 
Society, requiring him to warn and notify the mem- 
bers thereof, to meet at such time and place in said 
town of Waterville as shall be directed in said war- 
rant, to choose such officers as Parishes and other Re- ^^^'^^ °^ o^'- 
ligious Societies in this Commonwealth are by Law 
authorized to choose in the month of March or April 
annually. 

[Approved by the Governor, February S, 1816.] 



CHAP. LIV. 

An Act for the regulation of the Fishery in "Woburu, 

Sec. 1, xjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Act passed on the 
sixteenth day of February, in the year of our Lord one 
thousand seven hundred and eighty nine, entitled *^ An 
act to prevent the destruction of tlie fish called shac| 



SB FISHERY IN WOBURN, Feb. 2, 1810. 

and alevvives, in Mystick river, so called, within the 
towns of Cambridge, Charlestown and Medford, and 
for repealing all laws heretofore made for that purpose," 
shall extend to the town of \V oburn, in the county of 
Middlesex, and 'o all the streams running from any of 
Extension of i\yq potids, or othcr waters there into Mystick pond, 
^^^' or Spy pond, so called, in the same manner to all in- 
tents and purposes, that it would have extended, in 
case the said town of W'oburn and the streams afore- 
said had been mentioned and contained in the said 
Act ; and that it shall be lawful for any or all the in- 
habitants of the said town of Woburn to take shad and 
alcwives within the limits of that town, on all such 
days and times as in and by the Act aforesaid, are al- 
lowed for the inhabitants for tlie towns of Charles- 
town and Medford, respectively, to take said fish, and 
on no other. 

Sec. S. B(> it further enacted. That the owner or 
occupant of any dam already built, or which may 
liereafter be built, in or upon any of the streams afore- 
said, shall make and maintain a convenient passage 
way for shad and alewives to pass by, through, or 

Passage for fish over sucli dam, and keep the same constantly open 
icept open. ^^^ ^^,^^ ^^^^ ^^-^ |.g|,^ ^^ ^^^^ ^^^ .^^^ j dowu 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(|uested by a ma- 
jority 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 sh ill have been so opened, shall shut, or ob- 
Fenaiiy. struct, or permit or suffer the same to be shut or ob- 

stacted within the term afoiesaid, he shall forfeit and 
pay for each and every such neglect or offence the sum 
of twenty dollars. 

Sec. 3. Be it further enacted, That from and 
after the passing of this Act, the several Committees 
Choice ofCom- for the preservation offish, to be annually chosen in 
^"^'^' the said towns of Woburn, Charlestown and Medford, 

respectively, shall be chosen by ballot, and shall con- 
sist of three freeholders, who shall not be interested 



FISHERY IN WOBURN. Feb. S, ISlfi. 59 

in any such dam as aforesaid ; and any person who 
shall be duly chosen a member of either of said Com- 
mittees, 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 county of Middlesex ; and the said town 
shall proceed to a ncM' choice ; and so, totips qiiotips : 
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 said fish to pass upp^^versofcom. 
and down therein, and that they are kept constantly "^"^'^'^' 
open at and during all the time reqiiired 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, wlien thereto requested by a major- 
ity of either of the said Committees, it shall be lawful 
for the Committee, making such request, and they arc 
hereby directed to make and build the same ; and 
when it shall be compleated by said Committee, the 
said owner or occupant shall pay to said Committee 
double the amount of all the expenses incurred or sus- 
tained by the said Committee in making and building 
the same, on demand : And the said Committee shall 
have a right to sue for and recover the same of such 
owner or occupant in ati action of the case, in any 
Court proper to try the same, in said county of Mid- 
dlesex ; and each member of either of the Committees 
aforesaid shall have full power and authority to do 
auy act in cither of the said towns of Charlestown, 
Medford and Woburn, v/hich, before the passing of 
this Act, might have been lawfully done by a majority 
of either of said Committees, in the town where such 
Committee was chosen ; and shall be entitled to and 
enjoy all the privileges and protection, when acting as 
sach in either of said towns, which, before the passing 



60 FISHERY IS WOBURN. ' Feb, 3, 1816„ 

of this Act, a majority of either of the said Committees 
were entitled to and enjoyed, when acting within the 
limits of the town in which they were chosen. 

Sec. 4. Be it further enacted^ That it shall be 
lawful for the inhitbitants of the said town of Woburn, 
Sale of priv- j^t their annual meetins: in March or April, to sell, or 
otherwise dispose of the privilege of taking shad and 
alewives 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 
inhabitants to fish, and to fix on and determine the 
place or places where said fish shall be so taken, and 
appropriate the emoluments arising therefrom to such 
purpose as the said town shall determine. 

Sec. 5 Be it further enacted, l^hat if any pur- 
chaser 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 purchaser or mana- 
ger, 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 
Penalty for a- town of Wobum, cach aud every 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 proper to 
try the same, in the county of Middlesex. 

Sec. 6. Be it further enacted, T\mi aW forfeiiuveSf 
which may be incurred for any breach of this Act, not 
Dispositions ot herein otherwise appropriated, shall be recovered in 
forfeitures. ^^^ action of debt, in the name of any one or more 
members of either of the Committees aforesaid before 
any Court in the county of Middlesex proper to try the 
same, to the use of the town where the Plaintiff or 
Plaintiffs, in any such action shall live, at the com- 
mencement 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 holden to pay the members of their said Committee 



s incor- 



F. B. SOC'Y IN HARDWICK. Feb. 3, 1816. 61 

for all their services and expenses incurred by them 
respectively, in executing the duties required of thenoL 
by this \ct. 

[Approved by the Governor, February S, 1816.] 



CHAP. LV. 

An Act to incorporate the First Baptist Society 
in Hardwick. 

Sec. 1. JjE it enacted hy the Senate and House 
of Representatives in General Court assembled, and hy 
the authority of the saihe, That John Raymond, Elisha 
Sturtevant, Seth Willis, Enos Mewland, Massa New- 
land, Benjamin Rider, Timothy Hathaway, John Person 
Croff, Lemuel Wheeler, David Elwell, Judah Simonds,poi=*t<^^ 
Judah Marsh, Gamaliel Collins, Asa Sturtevant, John 
Wetherell, Jeremiah Newland, Daniel Barrows, A- 
quilla Collins Jonah Collins, Cai'y Howard, Jeremiah 
Campbell, Jeremiah Campbell, jun. Lemuel Gilbert, 
Aaron Marsh, Zenas Marsh, Cary Howard, jun. and 
Isaac Barlow, members of the First Baptist Society, 
with their polls and estates, be, and they are hereby 
incorporated as a Religious Society, for religious pur- 
poses only, by the name of the First Baptist Society 
in Hardwick, with all the powers and privileges u- 
sually exercised and enjoyed by other Religious So- 
cieties, according to the Constitution and Laws of this 
Commonwealth. 

Sec. 3 Be it farther enacted, That any inhabi- 
tant, living in either of the towns of Hardwick, in the 
county of Worce-iter, and Greenwich and Ware in the 
county of Hampshire, who may hereafter desire to be- 
come a member of the said First Baptist Society in Membershi-r 
Hardwick, shall have a right so to do, by declaring 
such desire and intention in writing, and delivering 
the same to the clerk of the said Baptist Society, fi'teen 
days before the annual meeting of tlie said Society ; 
and shall also deliver 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. 



6S F. B. SOC'Y IN HARDWICK. Feh, 3, 1810. 

fifteen days before the annual meeting thereof. And 
if such person doth receive, and can produce a certi- 
ficate of admission, certifying that he or she has u- 
nited with and become a member thereof, such person, 
from the date of said certificate, with Ids or her polls 
and estate, shall be considered members of the said 
First Baptist Society, and shall be exempted from 
taxation towards the support of any other Religious 
Society in the town or parish where such person may 
dwell. 

Skc. 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 
Comiitionofse-any other Religious Society in the town where such 
ocssiou. person may dwell, the same forms and process, of a 

written declaration and certificates shall be made re- 
quired and given, mutatis mutavdis, as is prescribed 
and required in the second section of this Act; iiro- 
vided always^ that in every case of secession from one 
society and joining to another, the person so seceeding, 
shall be holtlen in law to pay his or her proportion or 
assessment of all parochial or society debts and ex- 
penses, which have been voted and assessed, and not 
paid prior to such secession. 

Sfc. 4. Be it furiher enacted, That any Justice 
of the Peace for the county of Worcester, upon ap- 
plication therefor, be, and he is hereby empowered to 
jn.stice to Issue issue a Warrant, directed to a freehold inhabitant, and 
ivarraut. member of the said First Baptist Society in Hardwick, 
requiring him to notify and warn the members thereof, 
to meet at such convenient time and place as shall be 
appointed in the said warrant, to organize the said 
Society by the election and appointment of its officers. 
[Approved by the CTOvernor, February 3, 1816.} 



PISHERY IN WATERTOWN. Feb,. 3, 1816. 63 



CHAP. LVI. 

An Act to regulate the Shad and Alewive Fishery 
in the town of Watertown. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled^ and by 
the authority of the same, That from and after the 
passing of this act, it shall be lawful for the inhab- 
itants of ;the town of Watertown, by their agents to sell J^i^'^^jJ' ^^ f^^* 
the right, and regulate the times, places and manner ^' 
of taking the fish called shad and alewives, within the 
limits of said town ; subject in all respects to an act 
passed on the twenty-eighth day of February, one 
thousand eight hundred and fourteen, entitled " An act 
to prevent tlie destruction of the fish called shad and 
alewives In Charles river.'^ And it shall be the duty 
of the Selectmen of said town, as soon as may be after 
the passing of this act, and forever after, in the month 
of January in each year, to appoint, and they are here- 
by empowered to appoint, two persons as Agents, 
whose duty it shall be to carry into execution the pur- 
poses of this act; provided however, that neither of the 
Agents, at the time of their appointment, shall belong 
to the board of Selectmen. 

Sec. 2, Be it further enacted, That the Agents ap- 
pointed as aforesaid, shall for and in behalf of the in- 
habitants of said town, and to their use and benefit, as 
soon as may be, after the first appointment, and forever Time of Saie. 
after, in the month of February iu 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 afore- 
said. 

Sec. 3. Be it further enacted, Ths-t the said Agents 
shall make and establish such rules and regulations as R„ies and lie, 
they may think necessary, to promote the interest of 0^1^^^°"^ 
the town, and after determining by whom said fish 
9 



fii) FISHERY. , Jan, 3, 1816. 

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 aforesaid, to 
I^e posted up in some public place in said town ; and 
if any person or persons, other than he or they, to 
wliom 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 per- 
son 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 estab- 
lished by said agents, which rules and regulations 
sliall be made public at the time and place of sale, 
every person so offendins:;, shall severally forfeit and 
pay a sum not exceeding twenty dollars, nor less than 
five dollars, for each and every offence, to be recover- 
ed 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. 

Sec. 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 
Record of Pro and regulations, as they shall from time to time make 
«.cedinss. ^^^ cstablish, and the conditions of such sale, \vith 
the name of such person or persons as may hire the 
right aforesaid, in a book to be by him kept for that 
purpose, and to post all such rules and regulations as 
the Agents may direct. 

Sec. 5. Be it further enacted , That an act passed 
on the second day of March, one thousand seven hun- 
dred and ninety-eight, entitled " An act authorizing 
the inhabitants of Watertown, Weston and Waltham, 
Former Law ill the couuty of Middlesex, to regulate the taking of 
repealed. ^^^ ^^j^ Called shad and alewives, within the limits of 
said towns," be, and the same is hereby repealed ; 
provided nevertheless^ that all questions of the consti- 
tutional validity, 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 >vould have been, had not 
said act been repealed. And whereas the Selectmen 
of Watertown, Weston and Waltham, have in behalf 
pf their respective towns prayed this honorable court 



Weston and 
Waltliam dis- 



MEDFIELD MIN. FUND. Feh. 3, 1816. C5 

that the inhabitants of said Weston and Waltham may 
be discharged by law from any further cost or cliarge 
towards the support of the bridge over Charles river, 
in said Watertown ; — therefore 

Sec. 6. Be it farther enacted^ That from and after 
the passing of this act, the inhabitants of said Weston 
and Waltham be, and they are hereby wholly dis- cV.aTged 
charged from any further cost or charge towards the 
support of the bridge aforesaid, any act or agreement 
to the contrary notwithstanding. 

[Approved by the Governor, February 3, 1816.] 



CHAP. LVTI. 

An Act to establish a Ministerial Fund in the town 
of Medfield. 

Sec. 1. jjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same^ That the Deacons of the 
church, and the Assessors of the first parish in Med-T 
field for the time being, in the said parish, be, 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 continue a body corporate forever ; and they 
shall hav a common seal, subject to alteration, and 
they may sue and be sued in all actions real, personal 
or mixed, and prosecute and defend the same to final 
judgment and execution, by the name of the Trustees 
of the Medfield Ministerial Fund, and snail have all 
otlier powers whicli are incident and necessarily be- 
longing to like corporations. And the said Trustees 
may annually elect one of their number as a President^p 
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 provisions of this act, 
who shall give bond to the said Trustees, for the faith- 
ful performance of his duty, and shall at all times he. 
responsible for the faithful application of the monie*'- 



rustees iiico?» 



m MINISTERIAL FUND. jPeJ. 3, 1816 

tvhich may come into his hands, conformahly to the 
true intent and meaning of this act, and for all neglect 
or miscontluct in his office. And the said parish shall 
be call'-d and known by the name of the Congregation- 
al parish in the town of Medfield, and shall have, ex- 
ercise, and enjoy, all the rights, powers and privileges 
which by law are incident to parishes in this Com- 
monwealth. 

Sec. 2. Be it further enacted. That the said Trus- 
tees be, and they are hereby empowered to sell and 
May sell and convcy, or lease for a term of years, as the several 
. uvey laacis. gi>ants, by which said lauds are held, may require, the 
several lots of land which are, or may hereafter be ap- 
propriated to tlie support of a Gospel minister of th^ 
Congregational persuasion in said town ; and the mo- 
nies, 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 sup- 
port 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, bequests 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 
uay loan mo- estatc, to twicc thc valuc of thc money loaned or se- 
nBalji'^*^**'* cured, or by two or more sufficient sureties with the 
principal, unless the said Trustees shall think it best 
to invest the said proceeds and fund in public securi- 
ties 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 appropriation 
of the said ministerial fund. And the said Trustees, 
6r a majority of them, are hereby empowered to make 
and execute a good and suflBcient 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 delivered; by direetioa 



WISCASSET BANK. Feb.7, 1816 67 

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. 

Sic. 3. Be it further enacted^ That the said trustees. 
Treasurer, clerk, or other officers, or persons employed 
by them, shall be entitled to receive no compensation 
for the services they may perform out of any monies 
belonging to the said fund ; but, a reasonable compen- 
sation may be paid them by the said parish. And the o*^*^" ''**=eo™t^ 
gaid trustees, and each of them, shall be responsible 
to the parish for their personal neglect or misconduct, 
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 Trus- 
tees and Treasurer and their successors in office, shall 
exhibit to the said parish a report of their doings year- 
ly and every year, in the month of March or April. 

Sec. 4. Be itfurtker enacted j That any Justice of 
the Peace for the county of Norfolk, upon application 
therefor, is hereby empowered to issue his warrant, 
directed to one of the Trustees aforesaid, requiring him Justices to isafe 
to notify and call a meeting ot the said trustees, to be'"''^^^'^'^^- 
holden at such convenient time and place, as may be 
appointed in said warrant, to organize the said cor- 
poration by the appointment of its officers. 

[Approved by the Governor, Februaiy 3, 1816.] 



CHAP. LYIIl. 

An Act authorizing the President, Directors and Com- 
pany of the Wiscasset Bank to reduce the amount 
of their capital stock. 

OE it enacted by the Senate and House of 
V.ejpresentatives 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, Stock ledwcec?. 
Directors and Company of the Wiscasset Bank shall 
be one hundred and fifty thousand dollars ; — the num- 
ber of shares to be the same as at present established 



PORTLAND BANK. Feb, 7, 1810. 

by law: Provided however ^ that no dividend of the 
capital stock of said Rank, as now existing, shall be 
made, until proof shall have been made to the satisfac- 
tion of the Governor and Council, or of Commissioners 
by them appointed, that there exist in said Bank 
funds belonging to said Corporation suflBcient to pay 
all bills in circulation, and all deposits, and other de- 
mands existing against the same, beyond the sum then 
to be divided ; provided also, that nothing herein con- 
tained shall be construed to affect the liability of the 
Corporation or the individual stock holders, as estab- 
lished by the original act incorporating said Bank : 
Provided also^ that the said President, Directors and 
Company 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 actually be reduced 
and paid. 

[Approved by the Governor, February 7? 1816.] 



CHAP. LIX. 

An Act authorizing the President and Directors and 
Company of the Portland Bank to cease to be a 
Banking Company. 

Sec. 1. Be it enacted by the Senatp. and House of 
Jlepresentatives, in General Court assembled^ and by 
the authority of the same. Thai the President, Directors 
and Company of the Portland Bank shall from and 
Extinction of after the passing of this act, cease to be a Banking 
Bank. Company in the same manner, and to every intent and 

purpose as if the act incorporating said Company had 
expired by its own limitation : Provided ^ that the Pre- 
sident, Directors and Company of the Portland Bank, 
condtiions. P^y all their debts and redeem all their outstanding 
Bills, and pay the proportion of the semi-annual tax 
due to the Commonwealth up to the time of passing 
this act. 

Sec. 3. Be it further enacted. That all the priv- 
ileges, immunities and restrictions of an act entitled 



PORTLAND ACADEMY. Feb. 7, 1816. 69 

'^ An act to enable certain Banks in the Commonwealth 
to settle and close their concerns," passed on the 
twenty -fourth day of June, in the year of our Lord Time for cios. 
eighteen hundred and twelve, shall be extended toand'"^*^" 
be enjoyed by the said President. Directors and Com- 
pany of the Portland Bank, for the term of four years, 
from and after the passing of this act, and no longer, 
[Approved by the Governor, Februaiy7^ I8I6.3 



CHAP. LX. 

An Act respecting Portland Academy, 

Sec. 1. JjE if enacted hy the Senate and House of 
Reprpsentatives, in i'eneral Court assembled, and by 
the authority of the same, That all the act and doings 
of the Trustees of Portland Academy be, and the same Acts and do^ 
are hereby confirmed and rendered valid, to every iii."^ssvai 
tent and purpose, as if the records thereof had never 
been burnt; and the said Trustees or any person 
claiming under them, shall not in any case, be obliged 
to produce any record, to support any of their pro- 
ceedings, prior in date to the thirty-first day of Janu- 
ary, in the year of our Lord one thousand eight hun- 
dred and fifteen ; but said acts and doings, shall in 
every respect be considered good and valid, as if the 
records thereof were produced. 

Sec. S. Be it further enacted, That from and 
after the passing of this act, it shall not be lawful for 
said Trustees to fill any vacancies, which may happen Resfriction of 
in said Board, until the number of Trustees is reduced p^^*" 
to nine, after which time the said Board shall never 
consist of more than nine members ; and that any five 
of said Trustees shall at all times hereafter constitute 
a quorum, for transacting the business of the said Cor- 
poration, any thing in the act incorporating said Trus- 
tees to the contrary notwithstanding. 

[Approved by the Governor, February 7; 1816.1 



70 HANCOCK FREE SCHOOL. Feb, 7, 1816, 



CHAP. LXI. 

An Act in addition to an act, entitled ^'^ An act to es- 
tablish a Free School in township number six in the 
eight range, north of the Waldo patent, in the coun- 
ty of Hancock, by the name of the Hancock Free 
School/' 

Sec. 1. 15 E ?^ enacted by the Senate and House of 
lieprpsentatives, in General Court assembled^ and by 
the authority of the same,, That the votes and proceed- 
ings of the Trustees of the Hancock Free School, at 
Proceedings their first meeting, on the twenty-fifth day of Decera- 
^^"^ ber, in the year of our Lord one thousand eight hun- 

dred and fifteen, be, and are hereby made valid and 
effectual : Provided that they do not contravene the 
intentions of the donors to the funds of said School, 
nor the Constitution and Laws of this Commonwealth, 
Sec. 3. He it further enacted ^ That the said Trus- 
tees shall have power to manage and appropriate any 
funds, which are or may hereafter be committed to 
their hands for the purpose, to the support of a regular 
Apy.ropnatioa and leamcd Minister of the Gospel, minor Schools for 
oi funds ^|j^ instruction of children in the rudiments of learning, 
and a public library ; provided that there shall be a 
surplus in their hands after the necessary support of 
an instructor for said Free School. 

Sec. 3. Be it further enacted^ That it shall be 
the duty of the Treasurer of said Trustees, within one 
month from the passing of this act, to lodge in the 
office of the Secretary of this Commonwealth, a certi- 
ficate under oath, that the sum of three thousand five 
Duties of Trea- hundred dollars, or a satisfactory equivalent therefor, 
^'^'^- has been duly secured to said corporation, otherwise 

this act shall be null and void. 

Sec. 4. Be it further enacted, That the sixth sec- 
tion of the act passed the twenty- sixth day of Febru- 
ary in the year of our Lord one thousand eight hun- 
dred and fourteen, entitled ^^ An act to establish a 



LANDS IN ORANGE SET OFF* Feh 7, 1816 7i 

Free School in township numher six, in the eighth 
range, north of the Waldo patent in the county of Han- 
cock, by the name of the Hancock Free School/' be Former act re^ 
and hereby is repealed. v'^^eA. 

[Approved by the Grovernor, February 7? 1816.] 



CHAP. LXIL 

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

JtfE it enacted hy the Senate and House of 
Representatives in General Court assembled^ and hy 
the authority of the same, That a tract of land, con- 
taining about seventy acres, belonging to George Oliver, 
Luther Smith, Jonathan Harwood, and Jonathan Separation 
Wheeler shall be separated from the town of Orange 
in the county of Franklin, and the same is hereby an- 
nexed to the town of Athol in the county of Worcester, 
contained within the following boundaries, viz. begin- Annexation 
ning at a stake and stones on the present line between 
the said towns, a few rods westerly from the dwelling 
house of said Jonathan Harwood, in said Athol, 
thence running northerly to the northwest corner of ^°'^'^^^ 
said Geotge Oliver's land, thence easterly on the north- 
erly 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 Harwood, and Jo- 
nathan Wheeler shall be held to pay all taxes already Provko 
legally assessed on them by the said town of Orange. 

[Approved by the Governor^ February 7? 1816.] 



to 



7S ANDROSCOGGIN HIV. BRIDGE. Feb. 7, 1816. 



CHAP. LXIII. 

An Act iu addition to an act entitled, ^' An act for in- 
corporating certain persons for building a Bridge 
over Androscoggin river between Brunswick and 
Topsham, and for supporting the same." 

Sec. 1. JjE it enacted hy the Senate and House of 
Hepresentatides in General Court assembled, and by 
the authority of the same, That so much of the section 
of the act, entitled " An act for incorporating certain 
persons for building a bridge over Androscoggin river 
Section repeal- between Brunswick and Topsham, and for supporting 
^'*' the same, as relates to the establishing the rates of toll, 

be, and hereby is repealed ; and tliat the following 
section establishing the rates of toll for the benefit of 
the said proprietors, their heirs and assigns, be, and 
hereby is enacted instead thereof. 

Sec. 3. Be it further enacted, That for the pur- 
pose of reimbursing said proprietors the monies by 
them expended, or that may hereafter be expended 
in re-building and supporting said Bridge, a toll be^ 
Bales of Toll and hereby is granted and established for the sole bene- 
cstubiished. ^j|. Qf gaid proprietors, according to the rates following : 
that is to say : — For each foot passenger, two cents : 
for each person and horse, six cents; for each chaise 
or sulkey drawn by one horse, twelve and half cents ; 
for each sleigh drawn by one horse, six cents ; for eacli 
sleigh drawn by two horses, seven cents ; for each 
coach, phseton or curricle, twenty-five cents ; for each 
sled drawn by one or two beasts, seven cents ; ftn* each 
additional beast in the same team, one cent; for each 
cart or waggon drawn by one or two beasts, eight cents ; 
for each additional beast in said cart or waggon, two 
cents ; for each wheelbarrow, hand- cart, or other ve- 
hicle capable of carrying a like weight with one person, 
three cents ; for neat cattle, or horses, other than those 
rode on, or in carriages or teams, two cents each ; for 
sheep and swine, at the rate of six cents the dozen* 
and to each team, one person and no more shall be 
allowed a driver for the toll as established for teams. 



KENNEBECK BANK.— WELD. JPeh 8, 1816. 73 

And at all times when the toll gatherer shall not at- 
tend his duty, the gate ov gates shall be left open. 

Sec. 3. Be it further enacted, That all meetings 
of said Corporation, which shall have been held since 
the first day of January, in the year of our Lord one 
thousand eight hundred and ten ; and all the doings 
and acts of said meetings, not repugnant to the Con- Meetings vaiid, 
stitutiou and Laws of this Commonwealth, shall be 
good and valid to all intents and purposes, notwith- 
standing the want of due notice, or any other inform- 
alities in calling said meetings. 

[Approved by the Governor, February 7, 1816.] 



CHAP. LXIV. 

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

JdE it enacted by the Senate and House of 
liepresentatives in General Court assembled, and by 
the authority of the same, That the President, Direc- 
tors and Company of the Kennebeck Bank be, and Removal 
they hereby are authorised to remove their office of 
discount and deposit, established at Augusta, to Hal- 
lowell in the county of Kennebeck ; and there to tran- 
sact all such business as by their act of incorporation 
they are authorised to do and perform at Augusta, any 
thing in their said act of incorporation to the contrary 
notwithstanding. 

[Approved by the Governor, February 8, 1816.] 



CHAP. LXV. 

An Act to incorporate the town of Weld. 

Sec. 1. xJE it enacted by the Senate and House of 
Jlejiresentatives in General Court assembled, and by 
the authority of the sanie^ That the toAvnship num^ 



7^ MANUFACTURlXa COMPANY. Feb. f^, iSiQ, 

bere^l five, (otherwise called Webbs pond plantation.) 
on the north side of Great Amefescoggin river, in the 
county of Oxford, as cowtained within the following 
described limits, be, and hereby is established as a 
town, by the name of Weld; north-easterly by the 

Bouudaiies. towns of Avon and Temple, south easterly l3y town- 
ship number four, south-westerly by township number 
seven, and north-westerly by township number six. 
And the said town of Weld is hereby vested with all 
the corporate powers and privileges, and shall be sub- 
ject to all the duties and requisitions of other corporate 
towns, according to the Constitution and Laws of this 
Commonwealth. 

Skc. 2. lie it further enacted^ That any Justice 
of the Peace for the county of Oxford is hereby ein- 
powered, upon application therefor, to issue a warrant, 
directed to a freehold inhabitant of the said town of 

Justice issue Weld, requiring him to notify and warn the inliabit- 
ants thereof to meet at such convenient time and place, 
as sliall be appointed in the said warrant, for the choice 
of such town officers, as towns are by law empowered 
and required to choose, at their annual town meetings. 

[x^pprovedby the Governpr, Februarys, 1816] 



CHAP. LXVI. 

An Act to establish the Dudley Cotton Manufacturing 

Company. 



Sec. 1. JjE it enacted ly the Senate and House of 



warrant. 




.g..., Steph 
"William Kimball, and David Carroll, together with 
S'ersgns incor- such othcrs as may hereafter associate with them, their 
porated. succcssors and assigns, be, and they hereby are made 

a corporation by the name of the Dudley Cotton Ma- 
nufacturing Company, for the purpose of manufactur- 
ing cotton in the town of Dudley, in the county of Wor- 
cester, and for that purpose shall have all the powers 
and privileges, and be subject to all the duties and re- 



TOWN OF GUILFORD. Feb. 8, 1816. 75 

quirements prescrihed and contained in an act, entitled 
*' An acf detining the general powers and duties of 
Mannfacturiiig Corporations," passed the third day 
of March, in the year of our Lord one tiiousand eight 
hundred and nine. 

Stc. 2 Bp it further enacted, That said Corpor- 
ation in their capacity shall and may lawfully hold and 
possess such real estate, not exceeding in value fifty 
thousand dollars, and personal estate not exceeding May hold real 
fifty thousand dollars, as may be necessary and con- f^J'*^^'^"*^ ^^' 
venient for carrying on said Manufacture in its various 
branches as aforesaid. 

[Approved by the Governor, February 8, 1816.] 



CHAP. LXYU. 

An Act to incorporate the town of Guilford. 

Sec. 1. joK it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the township num- 
bered six, in the seventh range of township north of the 
Waldo patent, in the couuty of Somerset, as described ^°™^'*"'^'' 
by the following boundaries, be, and hereby is estab- 
lished as a town, by the name of Guilford : viz. east 
by the township numbered five in the seventh range ; 
west by the township numbered seven in the seventh 
range ; north by the township numbered eight in the 
eighth range ; south by township numbered four, in the 
sixth range, being one of the four townships granted 
to Bowdoin College. And the said town of Guilford 
is hereby vested with all the corporate powers and 
privileges, and shall be also subject to all the duties 
and requisitions of other corporate towns, according to 
the Constitution and Laws of this Commonwealth. justice issue 

Sec. 2. Be it further enacted, That any Justice of ^vairant. 
the Peace for the county of Somerset, is hereby author- 
ised, upon application therefor, to issue a warrant, 
directed to a freehold inhabitant of the said town of 
Guilford, requiring him to notify and warn the inhab- 
itants the-'-eof to meet at such convenient time and place 



M. & M. BANK.— SOCIETY. Feb. 8, 1816. 

as shall be appointed in the said warrant, for the 
choice of such oflRcers as towns are by law empowered 
and required to choose and appoint at their annual 
town meetings. 

[Approved by the Governor, February 8, 1816.] 



CHAP. LXVIII. 

An Act in addition to an act, entitled '^ An act to in- 
corporate the Manufacturers' and Mechanics' Bank." 

Sec. 1. JjE it enacted hy the Senate and House of 
Me/presentatives in General Court assembled, and by 
the authority of the same, That the capital stock of the 
-Manufacturers' and Mechanics' Bank, be, and the 
Stock. same is hereby reduced from fifteen hundred thopsand 

to seven hundred and fifty thousand dollars, divided 
into shares of fifty dollars each. 

Sec. 3. Be it further enacted, That the amount of 
stock, which the Commonwealth has the right to sub- 
scribe for, in addition to the capital stock of said Cor- 
ii>.(i poration, is hereby reduced from five hundred thousand 

dollars, to two hundred and fifty thousand dollars. 

Sec. 3. Be it further enacted, That so much of 
the act to which this act is in addition, as is incon- 
sistent with the provisions of this act, be, and the 
same is hereby repealed. 

[Approved by the Governor, February 8, 1816.] 



JJoi.luci.ion of' 



CHAP. LXIX. 

An Act in addition to an act, entitled ^^ An act to in> 
corporate certain persons in the town of Dudley, by 
the name of The First Congregational Society in 
Dudley." 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after th* 



TRESERTATION OF FISH. t'eb, 8, 181(5. ff 

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 hoid- 
April or May annually, any thing in any former ^ct ^"^ '^*^'^^"^ 
to the contrary notwithstanding. 

Sec. 4. Be it further enacted, That any Justice 
of the Peace for the county of Worcester be, and here- 
by is empowered and directed to issue his warrant to 
some principal member of said Society, requiring him 
to warn a meeting thereof, at such time and place as 
shall be therein set forth, at which meeting, said So- 
ciety shall agree on the manner of calling their future 



Justice issuiS 
"warrant. 



meetings. 



[Approved by the Governor, February 8, 1816.] 



CHAP. LXX. 

An Act to repeal a provision in the Act, entitled ^^ An 
act for the preservation of Fish in Union River and 
Bay, and in the Avaters emptying into the same." 

jJE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authoritij of the same, That so much of the act, 
entitled " An act for the preservation of Fish in Union 
river and bay, and in the waters emptying into the ^^'"^'"'"'^ '^ 
same," passed on the twenty-seventh day of February, 
in the year of our Lord one thousand eight hundred 
and fifteen, as prohibits the taking of fish in said river, 
bay and waters, between the twentieth day of May 
and the first day of July annually, on two days in each 
week, that is to say, between sunrise on Monday and 
sunrise on Wednesday, in the modes and places pre- 
scribed by the act aforesaid, during the times in which 
fish are thereby permitted to be taken, be, and the 
same is hereby repealed : Frovided alivays, that all , 
offences heretofore committed against said act, and all 
prosecutions and processes now pending thereon, may 
be prosecuted and proceeded on to final judgment and 
execution, as if this act had never been made. 

[Approved by the Governor. Februarys, 1816.1 



78 BASS RIVER BRIDGE. ^h 8, 1816. 



CHAP. LXXI. 

An Act incorporating certain persons for tlie purpose 
of building a Bridge over Bass river in the towns of 
Yarmoutli and Dennis. 

Sec. 1. ijE it enacted hy the f^enate and House of 
IRejiresentatwes in General Court assembled, and by 
the authority of the same, l^hat Richard Sears, Pe- 
regrine White, Isaac White, Alden Gray, Josiah 
Persons incor-^jickcrson, William Gray, and Washington Baker, 
porated. together with such others as may hereafter associate 
with them, and their heirs and assigns, shall be a Cor- 
poration, 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 suffer ; 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 Corporation 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 suflRcient rails on each side for the safe.ty 
of passengers. 

Sec. J3. Be it further enacted, That any three of 

the persons before named, may call the first meeting 

Modeofcaiiingof the Said proprietors by an advertisement, posted up 

meeting. ^^ ^^^^ ^^^^^ ^^ ^^^^ North Meeting House, in said town 

of Yarmouth, at least fifteen days prior to the time ap- 
pointed for such meeting, and the said proprietors by 
a vote of a majority of those present, accounting and 
allowing one vote to each share, {provided no person 
either by his own right or by proxy, or by both, shall 
be entitled to more than ten votes) shall choose a clerk, 
who shall be sworn to the faithful discharge of the du- 



BASS RIVER BRIDGE. Fob. 8, 1816. 70 

ties of his office ; and at the same time, or at any subse- 
quent meeting, choose such other officers as may be 
found necessary for managing the business of said Cor- 
poration, and shall agree on a method of calling future 
meetings, and at the same or at any subsequent meet- 
ing, may make and establish such rules and regulations 
ab shall be deemed convenient and necessary for regu- 
lating said Corporation, effecting, completing and exe- 
cuting the purpose aforesaid, and for collecting the toll 
herein granted ; and the same rules and regulations 
may cause to be observed and executed, and for the 
bre eh of any of them, may order and enjoin fines and 
penalties, not exceeding twenty dollars ; j9?'oi'i6?e(?, that 
said rules and regulations be not repugnant to the 
Laws and Constitution of this Commonwealth. 

Sec. 3. Be it further enacted, That a t«dl be, and 
hereby is granted and established, for the use and 
benefit of said Corporation, according to the rates fol- 
lowing, viz :• — for each foot passenger, or one person 
passing said bridge, two cents ; one person and horse, Rsies of ¥«!i. 
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, sied or sleigh, drav/n 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 ceqts ; 
neat cattle and horses, exclusive 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 
shall be paid for all carriages passing said bridge, 
whether the same be loaded or not ; and to each team 
oneman, and no more, shall be allowed, as a driver, to 
pass free from payment of toll ; and at all times when 
the toll gatherer shall not attend his duty at the said 
bridge, the gate or gates shall be left open ; and the 
said toll shall commence on the first day of the open- 
ing of the said bridge for passengers, and shall conti- 
nue for and during the term of seventy-five years, from 
the said day, and be collected as shall be prescribed 
by said Corporation ; 'provided, the said proprietors t.qViw- 



SI) PATENT PUMP COMPANY. Feh 8, 1816. 

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, there shall be 
constantly kept on a board or sign, exposed to open 
view, the rates of toll in legible letters. 

Sec. 4. Be it further enacted, That if the said 

Corporation shall neglect or refuse for the space of 

Condition of nineteen months, from the passing of this act, to build 

chss law giant. ^^^ complete said bridge, then this act shall be void 

and of no effect. 

Sec. 5. Be it further enacted, That all persons, 
with their carriages and horses, passing to and from 
their usual place of public worship, and all persons 

Exemptions, 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. 

Sec. 6. Be 'it further enacted^ That at the expir- 
ation of ten years from the opening of said bridge, the 

Miiy alter toll. General Court may regulate anew the rates of toll re- 
ceivable thereat. 

Sec. 7- Be it further enactedf That if at any 
future period the towns of Yarmouth or Dennis, or any 
inhabitant or inhabitants of the said towns, shall re- 
imburse the proprietors of said bridge for all expenses 
they may have been at for building the same, with le- 

Proviso for (lir- gal iutcrcst On the amount, deducting the amount of 

i.o» luaing o v^Q^ig received from the account of interest, it shall no 
longer continue a toll bridge, and the third section of 
this act shall be void. 

[Approved by the Governor, P'ebruary 8, 1816.] 



CHAP. LXXIL. 

An Act to incorporate the Patent Pump Company. 

Sec. 1. JjE it enacted hythe Senate and: House of 
Representatives in General Court assembled, and hy 
l'^^:^'^^^ "''"'' the authoritij of the same, That William Gray, Wil- 
liam B. Swett, Phincas Adams, Caleb Loring, and 



REG, QUALITY OF PAPER. Feb. 9, 1816, 81 

(Thomas Curtis, together with such persons as are now, 
or may hereafter become associated with tliem, aud 
their successors and assigns, be. and they hereby are 
made and constituted a body politic, and a Corporation, 
by the name of The Patent Pump Company, for the 
purpose of making and vending 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 Manufacturing Corporations. '^ 

Skc. 2. Jlnd he it farther enacted. That the said 
Corporation shall be capable of purchasing and hold-^i<^j purchase 
ing the patent right of Mr Jacob Perkins' triangular ^'*''^^"^'' 
valve pump, and all patent rights to all improvements 
that have been, or shall be made thereon. 

Sec. 3. Be it further enacted., Tliat said Corpor- 
ation shall be capable of purchasing, taking and hold- 
ing real estate witliin this Commonwealth, to the value 
of twenty thousand dollars, aud personal estate not ex- ^% hold real 
ceeding the value of two hundred thousand dollars. 

[Approved by the Governor, February 9, 1816.] 



CHAP. LXXIII. 

An Act to regulate the quality of paper for Books of 
Public Record, 



Sec. 1. jSE it enacted bij the Senate and House 
of Representatives in General Court assembled, and by 
the authority of the same. That from and after the first Papevfor pub 
day of May next, all matters which are to be entered*'^*^ records. 
of record in any office of Public Record within this 
Commonwealth, shall be so entered or recorded on 
paper made wholly of linen, of a firm texture, well 
glazed and well finished. 

Sec. 3. Be it further enacted. That it shall be the 
duty of the Clerks or Registers of said offices, respect. 



82 CONG. SOC. IN CUARLESTOWN. Feb. 9, 1816. 

ively, to give a preference, for the aforesaid purpose, 
to linen paper of American or domestic m mufacture : 
Provided ahcays, that such paper be marked in water 
Proviso. liup Yvith the word linen, and also with the name of the 

manufacturer. 

£ Approved by the Governor, February 9, 1816.] 



CHAP. LXXIY. 

An Act to incorporate the second Congregational 
Society in Charlestowu. 

Sec. 1 JjE it enacted hytlie Senate and House of 
Jlejireserftatives in General Court assembled, and ly 
the authority of the same^ That Nathaniel Austin, jun. 
Benjamin Swift, Seth Knowles, Jacob Foster and 
Joseph Phipps, jun. together with such others as sliall 
Pei-sons meor- liereaf ter associate with them, with their families, pells 
poiaie ^^^-^ estates, be, and they are hereby incorporated into 

a religious Society, by the name of The Second Con- 
gregational Society in Charlestown, with all the pow- 
ers, privileges and immunities to which parishes are 
by law entitled in this Commonwealth. 

Skc. 3. Be it further enacted. That the said So- 
ciety be, and is hereby authorized and empowered to 
},l*j sell or fgceive a deed of the meeting-house they have pur- 
chased, and to sell or lease the pews in said meeting- 
house, and to give deeds to convey the same. 

Si c. 3. Be it further enacted^ That any other per- 
son who shall unite in religious worship with the said 
Second Congregational Society, by giving in his or 
her name to the town Clerk of said Charlestown, with 
a certificate signed by the Minister or (31erk of said 
Society, that he or she has actually become a member 
< oiuiitions of of and united in worship with said Society, shall from 
mem ersiip. ^^^^ ^^^^^ giving iu such Certificate, with his or her 
family, polls and estates, be considered as members of 
said Society. 

Sec. 4. Be it further enacted, That the pew hold- 
ers in said religious Society, are hereby authorised to 



CONG. SOC. IN CHARLESTOWN. Feb. 9 1816. 83 

assess on the pews of said meeting-house, such taxes 
as they from time to time shall find necessary for the 
maintenance of public worship and other parochial ^iay assess taxi 
charges, according to the relative value of said pews;^ 
and the pews in said house shall 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 ex- 
pressed and contained in the deeds of the pews ; and 
the assessments made as aforesaid sliall be considered 
as a lien upon the pews in said meeting-house : and a 
bill of each proprietor's assessment, and of the time or 
times of payment, shall be left in his pew, of which 
fact the oath of the Treasurer, or of the person by him 
employed for that purpose, shall be sufficient evidence. 

Sfc. 5. Be it further enacted, That when any 
member of said second Congregational Society shall 
se»» cause to leave the same and unite in religious 
worship with any other religious society, and shall 
give in his or her name to the Clerk of said second ^^^y sece(ie 
Congregationa.1 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 however^ that in all cases of se- Pioviso. 
cession from said Society, every such person shall be 
holden to pay his or her proportion or assessment made 
on the pews in said Society prior to leaving the same. 

Sec. 6 Be it further enacted, That all deeds and 
conveyances of, and all executions extended on the 
pews in said meeting-house, shall be recorded by the Records, 
Clerk of the said parish, ia a book to be provided for 
thit purpose, and being so recorded shall be consider- 
ed valid in law. 

Skc. 7. he 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 specified by them, to be posted up in Modeofcaii- 
some public place in said Charlestowu, giving notice -"»"'^^'''- 



84 AORICUL. SOC. ATTLEBORO'. Feh. 9, 1816. 

of the time and place of said meeting ; at which meet- 
ing said Society may agree on the mode of notifying 
future meetings. 

[Approved by the Governor, February 9, 1816.] 



CHAP. LXXV. 

An Act to incorporate the Agricultural Society in 
Attleborougli. 

Sec. 1. IjE it enacted by the Senate and House of, 
Jiepresentatives in General Court assembled, and by 
PersoHs mcov- the authority of the same, That Joel Read, Amos Ide, 
poiatec. John Haven, Jonathan Peck, Joseph Tiffany, Richard 
Hunt, Abiathar Richardson, jun. Ebenezer Guild, 
Levi Read, Lemuel May, with their associates and 
successors, be, and they are hereby made a Corpora- 
tion, by the name of the Attleborongh 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 re- 
strictions as the other incorporated Agricultural Soci- 
eties in this Commonwealth ; and the said Corporation 
may hold and possess real estate npt exceeding the 
value of five thousand dollars, and the annual income 
of its personal estate shall not exceed the value of 
two thousand dollars. 

Sec. 2. Be it further enacted, That any Justice 
of the Peace for the county of Bristol, is hereby au- 
thorized to issue a warrant, directed to one of the mem- 
bers aforenamed, requiring him to notify and warn the 
Regiikiio-.is forfirst meeting of said Society, to be held in said Attle- 
oiganizing. boj^ough, at such couvenient time and place, as 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. 

[Approved by the Governor, February 9, 1816.] 



MV. MANU. COMP.— H. & H. SOC. Feb, 9, 1816. 85 



CHAP. LXXVI. 

An Act to incorporate the Rivulet Manufacturing 

Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Samuel Read. Daniel Persons incor^ 
Carpenter, and Alpheus Baylis, with such other per- p*^""^*^'' 
sons as have already, or may hereafter associate with 
them, their successors and assigns, be, and they here- 
by are made a Corporation, by the name of the Rivulet 
Manufacturing Company, for the purpose of manu- 
facturing woollen yarn and cloth, in the town of Ux- 
bridge, in the county of Worcester ; and for that pur- 
pose shall have all the powers and privileges, and be 
subject to all the duties and requirements contained in 
an act made and passed on the third day of March, in 
the year of our Lord one thousand ei2;ht hundred and 
nine, entitled " \n act defining the general powers 
and duties of Manufacturing Corporations." 

Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of such 
real estate, not exceeding fifty thousand dollars, and ^ay hold real 
such personal estate, not exceeding one hundred thou- 
sand dollars, as may be necessary and convenient for 
the purposes aforesaid. 

[Approved by the Governor, February 9, 1816.] 



CHAP. LXXVII. 

An Act to incorporate the Handel and Haydn Society, 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Thomas Smith Webb,po™d. '"'''" 
Amasa Winchester, Nathaniel Tucker, and Mathew 
Stanley Parker, together with such as may become 



86 HANDEL §* HAYDN SOCIETY. Feb. 9, 1816. 

associated with them, and their successors, he, and they 
hereby are incorporated and made a body politic and 
Corporation, for the purpose of extending the knowl- 
edge and improving the style of performance of church 
music, by the name of the Handel and Haydn Society ; 
and by that name they may sue and be sued, have a 
common seal, and the same at pleasure alter, and be 
entitled to all the powers and privileges incident to 
aggregate Corporations. 

Sec. 2. Be it further enacted That the said Cor- 
poration shall at their first, or some subsequent meeting, 
choose a President, Treasurer, and such other officers 

Officers to be ^g (j^^y may deem necessary or convenient for the gov- 
ernment and regulation of said (Corporation and its 
property ; they shall have the power to make standing 
rules or bye-laws, for prescribing the terms of office, 

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

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

Sfc. 3. Be it further enacted. That the said Corpor- 
ation shall be capable of taking and holding real estate, 
not exceeding the value of fifty thousand dollars, and 

May hold real persoual cstatc uot cxcecding the value of fifty thousand 

estate. dollars, which estate shall never be divided among the 

members of the Corporation, but shall descend to their 
successors, subject only to the paymentof the just debts 
to be incurred by said Corporation. 

Sec. 4. Be it further enacted, That Thomas Smith 
Webb shall have power to call the first meeting of said 
Corporation, by appointing a time and place therefor, 

Vnuci- to call and ffivin^ notice thereof to the other persons named 
and mcorporatcd by this act. 

[Approved by the Governor, February 9^ 1816.] 



CHERRYFIELD.—B. M. COMP. Feb. 9, 1816. S7 



CHAP. LXXVIIl. 

An Actio establish the town of Cherr^'field in the 
County of Washington. 

Sec. 1. JjE it enacted hy the Senate and House of 
ReprcsentativpSf in krenpral Court assembled, and by 
the author'ihj of the same. That the township numbered 
eleven, (of the Lottery townships) commonly called 
Cherrylield in the county of Washini^ton, as described 
within the following bounds, be, and hereby is estab- BouadarUs. 
lished as a town, by the name of Cherrylield : viz. 
east by the town of Columbia, south partly by the town 
of Steuben, and partly by the town of Harrington, 
w^est by the township numbered ten, and north by the 
township numl)ered seventeen : And the said town of 
Cherrylield is hereby vested with all the corporate 
powers and privileges, and shall be subject to the like 
duties and requisitions of other corporate towns, accord- 
ing to the Constitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice jof 
the Peace for the county of Washington be, and he is 
hereby empowered to issue a warrant directed to a free- .luttiee toiss 
hold inhabitant of the said town of Cherryfield, requir 
ing him to notify and warn the inhabitants thereof, to 
meet at such convenient time and place as shall be ap- 
pointed in the said warrant, for the choice of such offi- 
cers as towns are by law empowered and required to 
choose at their annual town meetings. 



warrant. 



[Approved by the Governor, February 9, 1816.] 



CHAP. LXXIX. 

An Act to incorporate the North Brookfield Woollen 
Manufacturing Company. 

Sec, 1. xjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Daniel "Waite, John 
13 



88 DEDHAM BANK. Feb. 9, 1816 

Persons mcor- Bigclow, ThoDias Bond, jiin. MosesBoml, Silas Henry, 
porated. josiali Caiej, Abraham Hunter, Peleg Peekham, Etlr 
mund Mayo, and Robert Blair, with sucli other per- 
sons as already have or hereafter may 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, w ithin the 
town of North Brookfield in the county of Worcester; 
and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and require- 
ments contained in an act, entitled " An act defining 
the general powers and duties of Manufacturing Cor- 
porations." 

Bec. 2. Be it further enacted, That the said Cor- 

Mny hold real poratiou may be lav/ fully seized and possessed of such 

estate. j,^g^l estate, not exceeding the value of thirty thousand 

dollars, and sucli personal estate, not exceeding fifty 

thousand dollars, as may be necessary and convenient 

for carrying on the Manufactory aforesaid. 

[Approved by the Governor, February 9, 1816.] 



CHAP. LXXX. 

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

.OE it enacted by the Senate and Mouse of 
T^epresentatives 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 Dedham Bank, in lieu of being 
uiscretionaiy paid iu at the time by law now prescribed, may res- 
pojvezs pectively be paid in at the discretion of the stockhold- 
ers of said Bank, at any time within one year from the 
parsing of this act, any thing in the several acts to 
which this is in addition, to the contrary notwith- 
standing. 

[Approved by the Governor; February 9, 1816,] 



JUDGE OF PROS.— EP. CHURCH. Feh. 9, 1816. 89 



CHAP. LXXXI. 

An Act establishing the compensation of the Judge of 
Probate in the county of Hancock for his services in 
said office. 

Whereas the fees and compensation of the Judge 
of Probate for the county of Hancock, as by law estab- 
lished, are found to be an inadequate compensation for 
the services rendered in said office: 

Sec. 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled^ 
and by the a^ithority of the same. That the Treasurer 
of the county of Hancock be, and he is hereby author- 
ized and directed to pay the said Judge of Probate for 
the time being, such sum as, together with the fees of Compensation, 
his office, shall amount to three hundred and fifty dol- 
lars annually : Provided^ that the said Judge shall 
keep an account of all the fees by him taken in said 
office, and shall present such account, attested by the 
Register of Probate, to the Treasurer of said county at 
the end of each year. 

Sec. 2. Be it further enacted. That an act entitled 
'^ An act regulating the annual allowance to the Judge 
of Probate for the county of Hancock, for his services 
in said office," passed the twenty-fifth day of Febru- ^aw repeaietJ. 
ary in the year of our Lord one thousand eight hun- 
dred and twelve, be and is hereby repealed. 

[Approved by the Governor, February 9, 1816] 



CHAP. LXXXII. 

An Act in addition to an act, entitled " An act to in- 
corporate the Episcopal Church in Cambridge, so 
called, for certain purposes." 

Sec. 1. JjE if enacted hy the Senate and House of 
Representatives, in General Court assembled^, and by 
the authority of the same, That the proprietors of Christ 



00 EPISCOPAL CHURCH CAMB. Feb. 9, 1816. 

Churchj so called, in Cambridge, in the county of Mid- 
dlesex, to2;etl)er with such other persons by law en- 
Body pontic, titled to vote in parish affiiirs, as usually attend public 
worship in said church, be, and tiiey hereby are incor- 
porated and made a body politic and e(n"porate, by the 
name of the Episcopal Society iu Can)bii(!ge, with all 
the powers and privileges, which parisiies in this Tora- 
monwealth are by law vested with. And the said So- 
ciety 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. 

Sec. 2. He it further enactfcf, That v^hen any other 
person or persons, may hereafter incline to join said 
Society, and shall leave a certificate thereof, signed by 
the Wardens of the Society, with the Clerk of the town 
or parish, to which he^ she, or they may respectively 
belong, fourteen days, at least, before the annual meet- 
Membership, ing of such town or parish, by law to be holden in the 
months of March or April, such person or persons, 
with his, her, or their polls and estates, shall thence- 
forth 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. 

Sec. 3. Be it further enacted. That the said So- 
ciety, 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 elect, two 
oflfiiers to be or morc church Wardens, and any number of vestry 
men, not exceeding twelve, a Treasurer, Assessors, 
recording Clerk, and such other officers as they shall 
thiuk necessary for the management of their concerns, 
to continue in their respective offices until others shall 
be chosen in their place ; and at any such meeting, or 
other meeting to be called for the purpose, may supply 



EPISCOPAL CHURCH CAMB. Feb, 9, 1816. Qi 

the vacancy of any office, and may establish suitable 
bye laws and rules for the govertiment of the said Cor- 
poration, and prescribe the manner in which their 
meetings shall be warned, and the forms of proceedings 
and voting therein, and the authorities and duties of 
their respective Officers and Agents. 

8 EC. 4). Be it further enacted^ That at any such 
meeting, the said society may make or order reason- 
able taxes and assessments, for the support of public '^^^y'^^^*^^^ 
worship, and for the preservation, repairs or improve, 
ment of their Church, or other estates of which they 
may at any time be seized or possessed, and may order 
the same to be assessed 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 tlieir respective 
estates by the assessors of the said society. And for 
the purpose of such assessments upon the pews, there 
shall be a valuation of the same by the Assessors, ac- 
cording 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 time to be assessed 
upon the pews, shall be apportioned upon them accord- 
ing to such valuation. 

Sec. 5. Be it further enacted, That the Assess- 
ors and recording Clerk to be chosen pursuant to this 
act, shall, before they enter on the duties of their res- 
pective offices, be sworn to the faithful discharge of obligation of 
the same, which oath may be administered by theleei-r^ ''^' 
Moderator of the meeting at which they shall be cho- 
sen, or by any Justice of the Peace for the said county 
of Middlesex. 

Sec. 6. Be it further enacted, That if any member 
of said Society shall neglect to pay the tax assessed up- 
on 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, after notice and demand there- Maj sue tov 
of by the Treasurer or Collector, the same may be re- 
covered by an action of debt, or upon the case, to be 
brought in the name of the Treasurer for the time 
being, against any such delinquent member of the said 
society, or his or her Executors or Administrators. 



93 FISHERIES IN DENNIS. Feb. 9. 1816. 

Sec. 7« ^^ it further enacted, Tliat the said so- 
ciety be, and they hereby are empowered to raise and 
establish a fund, in such way and manner as they may 
see fit,, the income or interest of which, or so much 
thereof as shall be found necessary or expedient, they 

May raise funds uj ay from time to time appropriate and apply to the 
support of the Minister of the society, for the time be- 
ing, or to the repairs of the Church, Parsonage House, 
or other estates 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 : 

Proviso. Provided that the whole annual income of such fund, 

exclusive of the parsonage house, glebe or lands in the 
actual occupation of the Minister for the time being, 
shall not exceed the sum of five thousand dollars. 

Sec. 8. Be it further enacted, That Abraham Big- 
low and Samuel P. P. Fay, Esquires, the present 

Personsto warn Wardens of Said Church, or either of them, shall notify 
and warn the first meeting of the said society, by post- 
ing notifications thereof at the doors of said Church, 
fourteen days, at the least, before the time appointed 
for such meeting. 

[Approved by the Governor, February 9, 1816.] 



nieetiug. 



CHAP. LXXXIII. 

An Act to regulate the Fisheries in the town of Dennis. 

Sec. 1. I3E 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 pass- 
ing of tliis act, the town of Dennis shall be and hereby 
Officers to be is empowered and directed, at their meeting for the 
choice of town officers in March or April annually, to 
choose Lhree or more persons, being freeholders in the 
said town, to see that tliis act be duly observed ; and 
each person so chosen, shall be sworn faithfully to dis- 
charge the duties required of him by this act ; and the 



chosen. 



FISHERIES IN DENNIS. Feb. 10, 1816. 93 

said Committee shall meet together annually on or be- 
fore the twentieth day 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 Eells in said town ; and the said Committee, or a 
majority of them, are hereby fully authorized and em- 
powered 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 
therein, and to make the said passage ways wider or 
deeper, if they shall judge it necessary ; and said Com- 
mittee or either of them, paying a reasonable consider- 
ation therefor, if demanded, shall have authority for 
those purposes, to go on the land or meadow of any 
person tlirough 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 river, streams, 
coves or ponds, in said tow^n, otherwise than may be 
allowed by the said Committee, he or they shall forfeit 
and pay a fine for every such offence, not exceeding 
ten dollars, nor less than three dollars. 

Sec. 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 said Committee as aforesaid, each person so of- 
fending, for each and every such offence shall, on con- 
viction thereof, pay a fine not exceeding four dollars, 
nor less than one dollar, if the quantity of fish so taken. Fines, 
is less than one barrel, but if the quantity of fish so 
taken shall be one barrel or more, such person or per- 
sons so offending, shall forfeit and pay for each and 
every barrel offish so taken the sum of four dollars. 

Sec. 3. Be it further enacted, That if the Com- 
mittee aforesaid, 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 Committee, or shall 



9* ENGINE MEN APPOINTED, Feb. 10, 1816. 

find such fish with such person or persons, such person 
or persons shall be deemed to have taken the said fish 
unlawfully, and shall be subject to the penalties of this 
act accordingly, unless such person or persons can 
make it appear on (rial that they came to the said fish 
in some other way. 

Sec. 4. Be it furtJier 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 
Seizure and aforcsaid, it shall be the duty of said Committee, and 
foifeitmes. 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 ar- 
rested by due process of law, and made answerable for 
said fines and forfeitures with cost of suit ; Provided 
however, that as soon as the owner or master of said 
vessel, boat or craft, shall pay such fines and forfeit- 
ures to the Treasurer of said town, if he shall pay the 
same before beins; sued, such vessel, boat or craft shall 
be discharged with the effects therein. 

Sec. 5 fie it further enacted. That all tlie forfeit- 
ures incurred by virtue of this act shall be to the use 
of the said town of Dennis, to be recovered by an 
action on the case, in any court proper to try the same, 
to be brought by the Treasurer thereof. 

[Approved by the Governor, February 10, 1816.] 



CHAP. LXXXIV. 

An Act to empower the Selectmen of Saugus to 
appoint Engine Men. 

JoE it enacted hy the Senate and 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 authorized 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 Engine near Saugus river, within the bounds of 



PRIVILEGE OF TAKING FISH. Feb. iO,iSi6. 95 

the town of Lynn, nine persons, who in atldition to 
those appointed by the seh^ctmen 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 shall be subject to the same duties 
and vested with the same powers, and entitled to the 
same rights, privileges and exemptions that other En- 
gine men now by law are. 

[Approved by the Governor, February 10, 1816.] 



CHAP. LXXXV. 

An Act to authorize the towns of Charlestown and, 
Medford to sell the privilege of taking Shad and 
Alewives in the waters situate between those towns. 



Sec. 1. ijE 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 pass- 
ing of this act, the selectmen of the towns of Charlestown 
and Medford, in the county of Middlesex respectively, Agents lo be 
shall on or before the last Monday in February annu- ^W"'"*^*^' 
ally appoint two suitable persons, as Agents of their 
respective towns, for the purpose of selling the privilege 
of taking the fish called Shad and Alewives, in Mys- 
tick river, so far as that river forms any part of the 
dividing line between the said towns, and also in Mys- 
tick pond, so called, and all the other waters through 
which the said division line passes, on such days and 
times only as are, or shall be established by law for 
taking the said fish. 

Sec. 2. Be it further enacted, That the said Agents 
shall meet, for the purpose of selling the said privilege 
on the second Friday of March annually, at which Po^er to self 
meeting a majority of those of them, who may be pre- '°'*" 
sent, shall have the power of the whole, and shall then 
put up and offer for sale at public vendue, the said 
fishing privilege entire, or in parts, or lots, as they 
shall determine, and shall sell the same, in case two 
or more purchasers appear, and bid therefor, on such 
13 



96 PKIV. OF TAKING FISH. Feb. 10, 1816. 

terms and conditions as the majority shall agree upon 
and make known at said sale ; and in case the said 
privilege shall not he sold at said meeting for want of 
purchasers as aforesaid, tlie said majority may adjourn 
said vendue, not exceeding three days, and so from 
time to time until said sale shall be accomplished; and 
the said Agents of the said town of Medford, the first 
year, and the Agents of the said town of Charlestown 
the second year, and so alternately forever hereafter, 
shall appoint the -place where the said meeting and 
vendue shall be holdan, and shall give public notice of 
the time and place thereof, by posting advertisements 
in two or more public places in each of said towns, 
seven days at least before the said second Friday of 
March, and- shall also notify the town Clerk of the 
other town concerned as aforesaid, of the said place of 
meeting and sale as aforesaid, by giving him a written 
notification tliereof, or leaving it at his dwelling house 
or office, at least seven days before said meeting ; and 
if either of said towns shall neglect to appoint Agents 
as required by this act, or if such Agents, when so ap- 
pointed, whose duty it shall be to notify the Clerk of 
the other town concerned, of the place appointed for 
Penalty. their mestiug as aforesaid, shall neglect to give said 
notice, or shall neglect to give public notice of the time 
and place of the said vendue in manner aforesaid, such 
toWn so neglecting, or whose Agents shall so neglect 
as aforesaid, shall thereby forfeit all right in the said 
fishery for the then current year; and the Agents of the 
other of said town shall proceed to sell the same at 
vendue at such time and place as they shall appoint, 
giving public notice thereof in manner aforesaid, four 
days at least before the said sale, and the net proceeds 
of the said sale, shall belong solely to the town, whose 
Agents shall so sell the said privilege. And upon all 
questions which may arise relative to any notice or ad- 
vertisement, required by this act, the Agents of either 
of said towns shall be competent witnesses. 

Sec. 3. Be it further enacted. That if any person 
or persons, except the purchaser or purchasers as afore- 
said, and those in their employ, shall catch any of said 
fish in any of the waters mentioned in the first section 
of this act, or shall draw, set, or place therein, any 



PUNISHMENT OF RAPE. Feb. 10, 1816 ^ 

seine, net, or other instrument, with intent to catch' the 

said fish, or witli intent to obstruct, or turn them in 

their passage through any of the waters aforesaid, each' 

and every person so offending, shall forfeit and pay a 

sum not exceeding twenty dollars, nor less than ten 

dollars, for each and every such offence, to be recover- Pan-shmentfor 

ed in an action of the case before any court competent'^'^'^*'''^"'"^*^'^ 

to try the same, one half to the use of him or them who 

shall prosecute therefor, and the other half to the use 

of the said towns of Charlestown and Medford, to be 

equally divided between them. 

[Approved by the Governor, February 10, 1816.] 



CHAP. LXXXVI. 

An Act in addition to an act, entitled ^^ An act for the 
punisliment of Rape, and for the ^prevention of the 
same." 

l^E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That when any person shall 
be convicted in the Supreme Judicial Court of having 
made an assault on any female child under the age of 
ten years, with an intent to commit a Rape, after the Punishment. 
passing of this act, he shall be punished by solitary 
imprisonment, not exceeding four months ; and after- 
wards by confinement to hard labor for any term of 
years, or for life, according to the circumstances and 
aggravation of the offence, as the Court in their dis- 
eretion may think proper. 

[Approved by the Grovernor, February 10, 1816.] 



98 PER. SET OFF.— B. C. BANK. Feb. 10, 1816. 



CHAP. LXXXVII. 

An Act for setting off Japlieth C. Washburn and John 
Brackett, and their estates from the town of Fairfax 
and annexing them to the town of Harlem. 

xJE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled^ and by 
. the authority of the same y That Japheth C. Washburn' 
and John Brackett, with their estates lying within the 
following bounds, viz. beginning on the west side of 
Twelve Mile Pond on the line between the town of 
Boundaries, Harlcm and the town of Fairfax; thence running south 
sixty-eight degrees west, about one mile to a small 
pond ; thence northerly by said pond about forty-four 
rods; thence north sixty-eight degrees east, on the 
line between Fairfax and VV inslow, to the south-east 
corner of the town of Winslow ; thence nearly the 
same course on a straight line to the middle of the 
brook, at the head of said Twelve Mile Pond, on the 
north side of the bridge, thence on a straight line to the 
first mentioned bound, be, and hereby are set oif from 
the town of Fairfax, in the county of Kennebeck, and 
annexed to and made a part of the town of Harlem in 
said county. 

[Approved by the Governor, February 10, 1816.] 



CHAP. Lxxxvm. 

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

Sec. 1. JjE it enacted by the Senate avd House of 
Meiiresentatives in General Court assembled^ and by 
the authority of the same, That William Botch, jun. 
William Howland, Oliver Crocker, Gideon Howland, 
Pci^oBs iucoi-jun. Joseph Rickctson, Gideon Allen, Seth Russell, 
jun. John A. Parker, Joseph Dunbar, James Howland, 
Menassah Kempton, and Cornelius Grinnel, with their 



iioraled. 



BEDFORD COM. BANK. Feh. 10, 1816. 9i 

associates, 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 continue until the first day of Oc- 
tober, which will be in the year of our Lord one thou- 
sand 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 de- 
fended in any Courts of Record, or any place what- 
ever, and also to make, have and use a common seal, 
and to ordain, establish and put in execution such bye- 
laws, ordinances and regulations as to them shall ap- 
pear necessary and prudent for the government of their 
affairs : Provided, such bye-laws, ordinances and re- 
gulations shall in no wise be contrary to the Consti- 
tution and Laws of this Commonwealth ; and the said 
Corporation shall always be subject to the rules, res- 
trictions, limitations and provisions herein prescribed. 
Sec. 2. Be it further enacted, That the capital 
stock of said Corporation shall consist of the sum of 
one hundred thousand dollars in gold and silver, di- 
vided into shares of one hundred dollars each, which 
shall be paid in four equal instalments. The first on or cai.itHi stoek, 
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 
afterwards ; and the Stockholders at their first meeting 
shall, by a majority of votes, determine the mode ot* 
transferring and disposing of said Stock and the profits 
thereof, which being entered on the books of said Cor- 
poration, shall be binding on the Stockholders, their 
successors and assigns. And the said Corporation are 
hereby made capable in law to have, hold, purchase, 
receive, possess, enjoy and retain to them, their suc- 
cessors and assigns, lands, rents, tenements, and here- 
ditaments, 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 Pmiioics 
their monies and effects by discounting on banking 
principles on such security as they shall think proper: 
Provided, however, that nothing herein contained shall 
restrain or prevent the said Corporation from taking 



100 BEDFORD COM. BANK. Feb, 10, 1816. 

and holding real estate in mortgage or on execution to 
any amount as security for, or in payment of any deijts 
due to said (Corporation ; and pruvided further, that 
no money shall he 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. 

Sec. 3. Be it further enacted, That the rules, lim- 
itations, and provisions, which are provided in and by 
the third section of an act, entitled *' An act to incor- 
porate the President, Directors and Company of the 
State Bank," shall be binding on the Bank hereby 
Penaitv. established ; provided, that the bond required to be 
given by the Cashier shall be given in the penalty of 
twenty thousand dollars, and the number of Directors 
to be annually chosen shall be nine, who shall be in- 
habitants of this Commonwealth, five of whom may 
constitute a quorum for transacting business; and jpr'o- 
vided also, that the amount of bills at any time issued 
from said Bank shall not exceed fifty per cent beyond 
their capital stock actually paid in. 

Sec. 4. Be it further enacted, That the said Bank 
Location. shall be established and kept in the town of New 
Bedford. 

Sec; 5. Be it further enacted, That whenever the 
CommonweHlth may require it, said Corporation shall 
loan to the Commonwealth any sum of money which 
may be required, not exceeding ten thousand dollars 
at any one time, reimbursable at five annual instal- 
ments, or at any shorter period, at the election of the 
Commonwealth, with the annual payment of interest at 
a rate not exceeding five per cent per annum ; provided, 
however, that the Commonwealth shall never at any 
one time stand indebted to said Corporation, without 
their consent, for a larger sum than twenty thousand 
dollars . 

Sec. 6. Be it further enacted, That any Commit- 
tee specially appointed by the Legislature for that pur- 
pose, shall have a right to examine into the doings of 
said (^corporation, and shall liave free access to all 
their books and vaults ; and if on such examination, it 
shall be found; and after a full hearing of said Corpor- 



State looiis. 



BEDFORD COM. BANK. Feb. 10, 1816. 101 

ation thereon be determined by the Legislature, that 
said Corporation have exceetied the powers herein 
granted, or failed to comply with any of the rules, Forfeitures. 
regulations or conditions in this act provided, the Cor- 
poration shall thereupon be declared forfeited and void. 

?^cc 7* f^c it further enacted, That the persons 
herein before named or a majority of them are author- 
ized to call a meeting of the Members and Stockhold- 
ers of said Corporation as soon as may be, at such time 
and place as they may see fit, by advertising the same Oider of notice. 
three weeks successively in the New-Bedford Mercury, 
printed at .%ew-Bedford, and by posting up n(»tifica- 
tions in one or more public places in the town of New- 
Bedford and the town of Fair Haven for the purpose 
of making, ordainiisg and establishing such bye-laws, 
ordinances and regulations for the orderly conducting 
the affairs of said Corporation, as the Stockholders 
shall deem necessary, and for the choice of the first 
Board of Directors, and such other officers as they 
shall see fit to choose. 

Sec. 8. Be it further enacted, That it shall be the 
duty of the Directors of said Bank to transmit to the 
Grovernor and Council of this Commonwealth for the 
time being, once in six months at least, and as much 
oftener as they may require, accurate and just state- 
ments of the amount of the Capital Stock of said Cor- Semi-annuai 
poration, and of the debts due the same, of the monies ''^^°'^'^" 
deposited therein, and of the notes in circulation, and 
of the gold, silver and copper coin, and the bills of 
other Banks on hand ; which statement shall be signed 
by the Directors and attested by the Cashier, and shall 
be verified by oath or affirmation before some person 
competent to administer the same. 

Sf,c. 9. Be it further enacted.. That the Common- 
wealth shall have a right whenever tlie Legislature 
shall make provision by law, to subscribe on account 
of the Commonwealth, a sum not exceeding fifty thou- Additional 
sand dollars, to be added to the Capital Stock of said ^^"^"^ 
Corporation, subject to sueh rules, regulations and 
provisions, as shall be by the Legislature made and 
established as to the management thereof. 

Sec. 10. Be it farther enacted, That the said Cor- 
poration shall be liable to pay to any bona fide holder, 



103 BEDFORD COM. BANK. Feh. 10, 1816. 

the original amount of any note of said Bank altered 
in the course of its circulation to a larger amount, not- 
withstanding such alteration. 

Sec. 11. Be it further enacted. That the said Cor- 
poration, 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 
Tax to State. Jays after the first Mondays of April and October, an- 
nually, 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 man- 
ner as aforesaid, shall be required by the Legislature 
of all Banks hereafter incorporated within this Com- 
monwealth : and provided further, that nothing here- 
in contained shall be construed to impair the right of 
the Legislature to lay a tax or excise upon any Bank 
already incorporated under the authority of this Com- 
monwealth, whenever they may think proper so to do. 

Sec. 4. Be it further enacted, That one tenth part 
of the whole funds of said Bank shall always be ap- 
propriated to loans to be made to the citizens of this 
Commonwealth, and wherein the Directors shall whol- 
ly and exclusively regard the Agricultural and Manu- 
facturing 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 es- 
tate to the satisfaction of the Directors of said Bank, 
for a term not less than one year, and on condition of 
paying the interest annually on such loans, subject to 
such forfeitures and right of redemption as is by law 
provided in other cases. 

[Approved by the Governor, February 10, 1816.] 



PLYMOUTH F. CONa. SOC. Feh. lO, 1816? im 



CHAP. LXXXIX, 

An Act to establish the Fourth rongregatlonal Society 
ill the town of Plymouth. 

SeCo 1 o R if enacted hy the Senate and House of 
lleprpsentatives . in General Court assembled, and by 
the authority of the same^ That Silvanus Finney, So- 
lomon Finney, Stephen Doten, Isaac Howland, John 
Boten, Nathan Whiting, Stephen Doten, Jan. Caleb Pei-^ons iucov 
Morton, Lemuel Leach, jun. Henry Hovvland, leha-^*^'^^ 
bod Howland, Thomas Chiles, George K. Wis wall;, 
James Morton, jun. William Burgess, jun. Barnabas 
Holmes 3d. Job Hill, Ephraim Morton, Alexander 
Kipley, Zaben Olney, Caleb Finney^ Charles How- 
land, George Finney, William Howland, Nathaniel 
(lark 3d, Hosea Churchill, Henry Cassady, Elkanah 
Finney, Finney Leach, Clark Finney, Robert Finney^, 
Ephraim Finney, Seth Finney, Bartlet Holmes, Le- 
muel 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 Morton, 
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 priv- 
ileges, powers and immunities which other parishes in 
this Commonwealth are entitled to by law. 

Sec. 2. Be it farther enacted, I'hat any Mem- 
ber of said Society, or any Member of the first and 
third parishes in Plymouth, shall have full liberty toMayjommto 
join themselves with their families and estates that''*''''*''' 
they hold in their own right, to said Society, or said 
first and third parishes 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 considered as belonging to the Society or parish 
to which they may join themselves as aforesaid. 

Sec. 3. Bs it further enacted, That forever after 
the expiration of the said two years, any member of 



IDi PLTMOUTM F. CONG. SOC. Feb. 10, 1816. 

said Society, or any member of the first and third 
parishes aforesaid, shall be considered as beloDging 
to said !>ociety. or said first or third parishes respect- 
ively, with his family and estate, by si?;oifyin?; his de- 
termination in writing to the Clerk of said town as 
aforesaid, and at the expiration of eiijhteen mouths 
after signifying: such determination in manner above 
said : provided the party applying; shall uot have with- 
drawn said application before the cipiration of said 
term. 

Sec. 4. Bt it further enacted^ That the members 
of said Society, and said first and third parishes res- 
pectively-and their families, shall be deemed and con- 
Pr.Ti.=5«. sidered as coniinuins members of said Society, and 
said first and third parishes respectively, with their 
estates, for the time being, until their relation shall be 
€hans;ed. in manner as above prescribed. 

Sec, 1. Be it /nrther enacted. That the estate 
real and personal of any Member of said Society or 
of said first and third parishes, shall be taxable by 
prorjer^ ta-said Society or said first and third parishes respect- 
" ively, 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 leav- 
ins; said society or either of said parishes in manner as 
above mentioned, shall be holden to pay all taxes re- 
maining assessed upon him at the time of his ceasing 
to be a member of said Society or said first and third 
parishes respectively. 

Sec. 6. Be it furtlier enacted. That the word estate 
mentioBed in this act, so far as it relates to real estate, 
P:>-?r LrLi-ri ghall extend only to such real estate as the members of 
said Fourth Congregational Society, and of the said 
parishes hold or may bold in their own right : and 
that anv Justice of the Peace for the countv of Plv- 
Koatii is hereby authorized to issue his warrant to 
some member of the said Fourth ConsTes;ational So- 
ciety, requiring him to notify and warn the members 
thereof to meet at such convenient time and place as 
sball be appointed in said warrant, to choose such offi- 
cers as parishes are by law empowered and required 
\o choose at their annual meetings. 

fApproved by the Grovernor, Febroair 10. 1816.1 



J 



COMMERCI-\L BANK. Feb. 10, 1816 ±09 



CHAP. XC. 

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

Sec. 1. JjE it enacted hu the Senatp and House of 
'Representatives in General Court assembled, and hy 
the authority of the same. That James Neal. Arthar 
McLellan. Joseph Cross, jun. Eleazer Greely, Ben- 
jamin Butman. Timothy Fletcher, Amos S. Webber, p^*^^ '=^* 
A\ illiam Wood. Josiah Paine. James Fanner, William 
Cross. Henrj- Holey, Woodbury Storer. jan. Joseph 
M. Gerrish. Jonathan Stuart, and John Woodman, 
their associates, successors and assigns, shall be and 
hereby are created a Corporation, by the name of the 
President. Directors and Company of the Commercial 
Bank, and shall so continue from the first day of April 
next till the first day of October, which will be in the 
year ot our Lord one thousand eight hundred and thirty- 
one ; and by that name shall be and tl\ey hereby are 
made capable in law, to sue and be sued, plead and be 
impleaded, defend and be defended, in any Court of 
Record, or any other place whatever : and al-o to 
make, have and use a cummou seal, and to ordain, 
establish and put in execution such bye-lav.'s, ordin- 
ances and regulations, as to them may appear neces- 
sary and convenient for the government of the said 
Corporation and the prudent management of their af- 
fairs: Provided such bye-laws, ordinances and regu- 
lations shall in no wise be contrary to the Constitution 
and Laws of this Commonwealth, and the said Cor- 
poration shall be always subject to the restrictions, lim- 
itations and provisions herein prescribed. 

Sec. 2. Be it firther enacted. That the Capital 
Stock of the said Corporation shall consist of one hun- 
dred tliousand dollars in gold and silver, divided into 
shares of one hundred dollars each, which shall be Am-xiEtci 
paid in at two equal instalments. The first on the ^^^ ' 
first day of April next, and the other on the first day 
of April which w ill be in the year of our Lord one 
thousand eight hundred and seventeen, and as much 



m COMMERCIAL BANK. Feb, 10, 1816, 

sooner as 'the Stockholders shall direct. \nd 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 be?- 
lug 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, pos- 
sess, enjoy and retuin to them, their successors and as- 
signs, lands, tenements and hereditaments, to the a- 
mount 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 ef- 
fects by discounting on banking principles on such se- 

Fi^viso cuvity as they shall think advisable ; provided however^ 

that nothing herein contained shall restrain or prevent 
the said Corporation from taking and holding real 
estate in mortgage, or on e?;ecutionj 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 discount made, nor shall any bills or pro- 
missory notes be issued from said Bank, until the Cap^ 
ital subscribed and actually paid in, and existing in 
gold and silver in their vaults^ shall amount to fifty 
thousand dollars. 

Si.c. 3, Be it further enactfil, That the rules, limit- 
ations and provisions, which are provided in and by the 
third section of an act entitled, " An act to incorporate 
the President, Directors and C^ompany of the State 
Bank,'' shall be binding on the Bank hereby establish- 
ed : Provided, that the bond required to be given by 
the Cashier, shall be for the sum of ten thousand dol- 
lars penalty ; the number of Directors to be annually 
chosen shall be seven, and four may constitute a quo^ 
Vum for the transaction of business. 

Sec. 1^. Be it further enacted^ That the said Bank 

Location, shall bc c^itablished and kept in the town of Portland. 

Sec. ;7. Be it further enacted, That any Committee 

specially appointed by the Legislature for the purpose, 

shall have a right to examine into the doings of said 

€o;7iiT,iuce Corporation, and shall have free access to all their 

ViuiK books and vaults, and if upon such examination it shall 

b^ found, and after a full hearing of said Corporatiori 



Sh.Vii give 



COMMERCIAL BANK. Feh, 10, 1816. 107 

thereon be determined by tbc Legislature that said 
Corporation have exceeded the powers granted them, 
or failed to comply with any of the rules, restrictions 
and conditions in this act provided, their incorporation 
may thereupon be declared forfeited and void. 

Sec. 6. Be it further enacfpd. That the persons 
herein before named, or any three of them, are au- 
thorized to call a meeting of the Stockholders of said 
Corporation as soon as maybe, at such time and place Mode of caiiuis 
as they may see fit, by advertising three weeks sue 
cessively in one or more of the news- papers printed in 
the town of Portland, for the purpose of making, or- 
daining and establishing such bye-laws, ordinances 
and regulations for the orderly conducting the affairs of 
the said Corporation as the said Stockholders shall 
deem necessary, and for the choice of the iirst Board 
of Directors, and such other officers as they shall see 
fit to choose. 

Sec. 7. Be it further enacted, That it shall be the 
duty of the Directors of said Bank to transmit to the 
Governor and Council of this Commonwealth, for the 
time being, once in six months at least, and as mucliRetm-ns to lie 
oftener as they may require, accurate and just state-™* ^" 
ments of the amount of the Capital Stock of said Cor- 
poration, and of the debts due the same, of the monies 
deposited therein, 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 Directors and attested by the Cashier, and shall 
be verified by oath before some person competent to 
administer the same. 

Sec. 8. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
shall make provision by law, to subscribe on account 
of the Commonwealth a sum not exceeding fifty thou- state stotk:, 
sand dollars, to be added to the Capital Stock of said 
Company, subject to such rules and regulations and 
provisions as shall be by the Legislature made and 
established as to the management thereof. 

Sec. 9. Be it further enacted, That said Corpor- 
ation shall be liable to nay to any bona fide holder '^'^^'T^"°'^^^ 
the original amount of any note of said Bank altered ' 



YORK CO. BIBLE SOCIETY. Feh, 13, 1816. 

in the course of circulation to a larger amount, not- 
withstanding such alteration. 

Sec. 10. Be it further enacted. That said Corpor- 
ation shall pay by way of tax to the Treasurer of this 
Commonwealth, for the use of the same, within ten 
days after the first Monday of April and October an- 
nually, the half of one per cent on the amount of the 
Capital Stock actually paid in at the time of said di- 
vidend : Provided, however, that the same tax payable 
in manner aforesaid shall be required by the Legisla- 
ture of all Banks that shall be hereafter incorporated 
within this Commonwealth : And provided further^ 
that nothing herein shall be construed to impair the 
right of the Legislature to lay a tax upon any Bank 
already incorporated under the authority of this Com- 
monwealth, whenever they may see fit so to do. 

Sec. 11. Be it further enacted, That whenever the 
Legislature 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 
amount of the (^apital Stock actually paid in at any one 
time, reimbursable by five annual instalments, or at 
any shorter period at the election of the Commonwealth^ 
with the annual payments of interest, at a rate not ex- 
ceeding five per centum per annum : Provided, how- 
ever, that the Commonwealth shall never at any one 
time stand indebted to said Incorporation without their 
consent for a larger sum than twenty per centum of the 
Capital Stock actually paid in. 

[Approved by the Grovernor, February 10, 1816.] 



CHAP. XCL 

An Act to incorporate the York County Bible Society; 

Sec. 1. JjE 2f enacted hy the Senate and House of 

' llepresentatives, in General Court assembled, and by 

the authority of the same^ That Charles Coffin, Jonathan 

Tcpon^ iacoi- Cogswell, Joseph Dane, Nathaniel H. Fletcher, Jo- 

^'^ ^ seph Gilman, Henry Holmes, and John Low, together 

with such others as may hereafter associate with them 



YORK CO. BIBLE SOCIETY. FeK 13, 1816. 109 

and their successors, be, and they are hereby made a 
Corporation, by the name of The York County Bible 
Society, with all the powers and privileges incident 
and usually given to, and exercised and enjoyed by 
other Bible Societies in this Commonwealth. 

Sec. S. Be it further enacted, That the said 
Charles Coffin and others his associates, shall during 
the pleasure of the Legislature, continue and remain, 
for the purposes of this act, a body corporate and pol- Privilege?. 
itic, and keep and use a seal, which they may change 
or annul as they may see cause ; and the said Society 
shall be capable in law, to receive, possess and im- 
prove donations in money and gifts, grants and be- 
quests of land and tenements, or other estate, real or 
personal, and the income, rents and profits thereof 
shall appropriate and employ exclusively to the fur- 
therance of the purposes of this act. 

Sec. 3. Be it further enacted, That the said Cor- 
poration shall be and hereby are further empowered to 
purchase and hold other real estate than that which 
may be given to them as aforesaid : Provided that the^f^y •lo''* real 
value of the whole of said estate, both real and per-"''^*^^ 
sonal, shall never exceed one hundred thousand dol- 
lars ; and the said Society, in its corporate capacity, 
may sue and be sued, and may appoint an Agent or 
Agents, with power of substitution, to prosecute and 
defend such suits in law. 

Sec. 4. Be it further enacted. That the said Society 
may choose a President, Vice-President, Trustees, 
Treasurer, a Recording Secretary, a Corresponding ^% choose tif. 
Secretary, and^such other officers as they may think 
necessary, and make and establish bye-laws and re- 
gulations for the orderly conducting their business : 
Provided such laws and regulations shall never be re- 
pugnant to the Constitution and Laws of this Com- 
monwealth. 

Sec. 5. Be it further enacted. That the first meet- 
ing of said Society may be called by any two of the 
persons named in this act, by causing a notification for 
that purpose to be pul)lished in one or both of the news^^^f?"^'^''^'"'?. 
papers printed in Portland, appointing the time and '"^"^^'"^ 



110 JUDICIAL DEPARTMENT. Feb, 13, 1S16. 

place for the said first meeting, and to organize the 
said Society by the election of its officers. 

[Approved by the Governor, February 13, 1816.] 



CHAP. XCII. 

An Act making further provision in the Judicial 
Department, 

Sec. 1. IjE it enacted by the Senate and House of 
JlejJresentatives in General Court assembled, and by 
the authority of the same,, That from and after the pass- 
ing of this act, whcii at any term of the Supreme Ju- 
dicial Court holden or to be holden in any county by 
three or more Justices thereof, any actions shall have 

^jraen(5 en- 1^^^^ coutinucd ?i2si, for adviscmcut by the Court, or 
for argument by consent of parties, and the Justices 
of said Court shall have determined tha same before 
the next law term of said Court holden in the same 
county, it shall be lawful to enier judgments upon said 
actions, as of the last term of said Court at which said 
actions shall have been continued, or at any succeed- 
ing term of said Court holden by one or more of the 
Justices thereof; and such judgment entered as afore- 
said shall have the same force and validity as though 
the same had been rendered at a Court holden by three 
or more of said Justices, and executions may accord- 
ingly be issued thereon. 

Sec. 2. Be it further enacted, That whenever the 
Clerk of said Court in any county shall enter a judg- 

Dockcicntiy. mcnt upon any action by order of the Justices of said 
Court out of term time, he shall enter upon his docket 
the time when he siiall receive such order, and all 
liens created by attachment or mesne process in said 
actions, shall continue and be in force for and during 
thirty days after the day on which judgment shall have 
been so actually entered, any thing in the law to the 
contrary notwithstanding. 

[Approved by the Governor, February 13, 1816.] 



PAWT. BANK— R. W. SCHOOL. Feb. 13, 1816. Ill 



CHAP. XCITL 

An Act in addition to an act, entitled, ^^ An act in ad- 
dition to an act entitled, an act to incorporate the 
President, Directors and Company of the Paw- 
tucket Bank.'' 

JjE it enacted hy the Senate and House of 
Hepresentativps 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, entitled an 
act to incorporate the President, Directors and Com- 
pany of the Pawtucket Bank,'' as regards the times at^''^^ allowed. 
which the Stockholders of said Bank are required to 
pay in their third and fourth instalments of the Cap- 
ital Stock thereof, be, and hereby is repealed ; and 
that the Stockholders of said Bank be, and they here- 
by are required to pay in the third and fourth instal- 
ments of the Capital Stock of said Bank at the follow- 
ing periods, to wit — the third instalment on the first 
Tuesday in February, in the year of our Lord one 
thousand eight hundred and eighteen ; and the fourth 
instalment on the first Tuesday of August, then next 
following, or at such earlier times as the Stockholders 
at any meeting thereof may order* 

[Approved by the Governor, February 13, 1816.] 



CHAP. XCIV. 

An Act to incorporate the Trustees of the Westerly 
School in Roxbury. 

Sec. 1. jDE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Committee, Trea- 
surer and i lerk, for the time being, of the Westerly 
School in the town of Roxbury, be, and they hereby BotVpoUtic, 
are incorporated and made a body politic and corpor- 
ate, by the name of the Trustees of the Westerly 
School fund in Roxbury. 
15 



11^ AMHERST MIN. FUND. Peh. 13, 1816. 

Sec. 3. Be it further enacted^ That the said Cor- 
poraiion may have and use a common seal, and shall 
be capable of suing and being sued in any actions, real, 
personal or mixed, in any Court having jurisdiction 
thereof; shall or may take and bold in fee simple or 

Se'll'^ '^"'' ^t^i^^i'wise, by purchase, gift, grant or devise, any es- 
tate, real, personal or mixed, and may sell and dis- 
pose of the same at ple.isure, not using the same in 
trade ; may make and execute any bye-laws and rules 
for the government of the Corporation, and may ap- 
point such officers, and invest them with such powers 
as the Trustees may think expedient, not repugnant 
to the Laws of this Commonwealth. 

Sec. 3. Be it further enacted. That any note, bond, 
mortgage, or other security 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 

iitome^^'"" *^^income of the fund shall be applied toward the sup- 
port of the said School agreeable to the will and in- 
tention of the donors, so far as the same can be known. 
Sec. 4. Be it further enacted. That meetings 
for the choice of the officers aforesaid, may be called in 
the same manner that meetings are called for building 
and repairing school houses, and the said officers may 

Meeting caii-i)e choscu annually, or for a longer time, as the district^ 
when legally convened for that purpose, by a major 
tote shall determine. 

[Approved by the Governor, February 13, 1816.] 



CHAP. XCV. 

An Act to incorporate the Trustees of the Ministerial 
Fund in the first parish in Amherst. 

VV HEREAS certain persons, inhabitants of the first 
parish in Amherst, in the county of Hampshire, have 
^^^Jy'*'^"'^- already subscribed a considerable sum of money to 
constitute a permanent fund for the support of the Min- 
istry of the Gospel and the Congregational worship, 
in said parish, and have by their petition, prayed this 



AMHERST MIN. FUND. Feh. (3, 18t6. il3 

Legislature to incorporate Trustees for the clue manage- 
ment of said Fund, and vest them with the power ne- 
cessary for the accomplishment of that subject. 

Sec. 1. Be it enacted by the Senate and House of 
Bepresentatives in General Court assembled^ and by 
the authority of the same, That Noah Webster, Rufus 
Cowles, Vloses Hastings, Enos i3aker, and Calvin 
Merrill, be, and they are hereby appointed Trustees 
to receive and hold all such sums of money as now arcTmsiees to be 
or hereafter may be subscribed for the aforesaid pur- '^'1°^^" 
pose, and also to receive and hold any estate, real or 
personal, that may be given or bequeathed to them as 
Trustees, for the said purpose. And the said Trus- 
tees 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 for the sole 
yse and benefit of said parish : ])romd.ed the amount of 
the said sum shall not exceed twelve thousand dollars. 
And the said Trustees are hereby constituted a body 
politic and corporate to have perpetual succession, 
with power to supply all vacancies in the trust, to ap- 
point such officers as they shall deem necessary or ex- 
pedient for transacting the business of said Corporation, 
and to do and execute whatever may be necessary or 
useful towards a faithful management of said Fund. 

Sec. 2. Be it further enacted, That the Trustees 
before named and their successors in office, be, and 
are hereby invested with full power to receive all sums 
of money, notes, bonds or obligations, and all deeds, Duties of xrus- 
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 pro- 
fits of the same annually, and also to collect the prin- 
cipal sum when due and payable, or require security 
for the payment, when, in their apprehension, the 
debts are in danger of being lost. And in order to ac- 
cumulate the Fund, according to the design of the 
subscribers, they are hereby authorized to add the an^ 
nual interest to the principal, placing the whole at in- 
terest on good security, until the w hole Fund shall 
amount to ten thousand dollars. I3ut nothing in this 



114 AMHERST MIN. FUND- Feb. 13, 1816. 

act shall authorize the said Trustees to use or apply 
any money given for the purpose aforesaid, in any 
manner contrary to the direction of the subscrihers or 
donors. 

Sec. 3. Be it further enacted, That the said Trus- 
tees may hold, sell or lease any real estate, given, be- 
Fo'vevs of queathed or mortgaged to them for the support of the 
Ministry in said parish as aforesaid. 

Sec. 4-. Be itfurther enacted^ That when the Fund 
aforesaid shall amount to the sum of ten thousand dol- 
lars, tlie whole of the annual interest, rents and proiits 
of the same shall be annually paid by sai'l Trustees to 
the Treasurer of tlie parish, and by him applied to 
ATOropmtion the paj^mcut of the salary of the settled Congregation- 
al Minister of said parish : And the said Trustees, 
shall, at the annual meeting of said Parish, in March 
or April, exhibit to the said parish their account with 
the Treasurer, expressing the receipts and payments, 
with the state of tlie funds : and the Treasurer shall 
exhibit his account with the said Trustees to the parish 
at the same meeting; and the said parish, at their dis- 
cretion, 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 receipts and disbursements. 

Sec. 5. Be it further enacted, That the interest of 
any money or donation, not intended to form a part of 
the accumulating fund aforesaid, sliall be annually 
Appropiiationpaid ovcr to the Treasurer of the said parish, by the 
fund!"" " said Trustees, to be applied to the payment of the 
salary of the Minister of said parish, in the manner 
prescribed by the fourtli section of this act. 

Sec. 6. Be itfurther enacted, That Noah Webster, 
Esq. be, and he is hereby authorized and empowered 
Meeting called, to Call the fifst meeting of tlic Trustees aforesaid, at 
such time and place as he shall deem expedient. 

[Approved by the Governor, February 18, 1816.] 



IKENNEBECK RIV. BRIDGE. Feh 13, 1816. 115 



CHAP. XCVl. 

An Act incorporating certain persons for the purpose 
of building a Bridge over Kennebecli river, between 
the towns of Anson and Madison. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in ieneral Court assembled, and hy 
the authority of the same^ That William Parliu, Na- 
than Houghton, Benjamin Ellis, Ephraim Heald. John Pn sons incoi: 
Ellis, William Adams, Hemon Moor, John Ellis, Jan. '"'"'"^ 
and Benjamin Hilton, together with such others as 
may hereafter associate with them and their successors 
and assigns, shall be a Corporation, by the name of 
the Proprietors of Madison Bridge, and by that name 
piay 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 suffer ; 
and that said Corporation shall have full power and 
authority to make, have, and use a common seal, and Poweua. 
the same to break, alter and renew at pleasure ; and 
the said Corporation shall be, and they are hereby 
authorized to erect a Bridge over Kennebeck river, at 
the place called Norridgewock Falls, at the narrowest 
part of said river, between the upper pitch and the 
lowest pitch of the said falls, on the west side of said 
Kennebeck river to a point or place between the mills 
called Ellis and Hale's mills, and land owned by 
]S'athan Houghton, on the east side of the river afore- 
said. And the said Bridge shall be well built, of good 
materials, not less than twenty-four feet wide, and 
well covered v/ith plaijk or timber, with sufficient rails 
on each side for the safety of passengers. 

Sec. 2. Be it further enacted^ That any three of 
the persons before named, may call the first meeting of 
the said proprietors, l)y an advertisement in the Hal- Meeting called. 
lowell Gazette, in three successive papers, the last pub- 
lication to be at least fourteen days prior to the time 
appointed for such meeting ; and the said proprietors, 
by a vote of a majority of those present, accounting and 
allowing one vote to each share, (provided no person 



116 KENNEBECK RIV. BRIDGE. Feb. 13, 1816. 

either by his own right or by proxy, shall be entitled 
to more than ten votes) shall choose a Clerk, who shall 
be sworn to the faithful discharge of the duties of his of- 
fice ; also may, at the same time, or at any subsequent 
meeting choose such other officers as may be found 
necessary for managing the business of said Corpora- 
tion, and shall agree on a method of calling future meet- 
ings ; may make and establish such rules and regula- 
tions as shall be deetiied convenient and necessary for 
regulating said Corporation, for effecting, completing 
and executing the purposes aforesaid, and f(>r collecting 
the toll herein granted ; and the same rules and regu- 
lations may cause to be observed and executed ; and 
for tlie breach of any of them, may order and enjoin 
fines and penalties not exceeding twenty dollars ; pro- 
vided, that said rules and regulations be not repugnant 
to tlie Laws and Constitution of this Commonwealth. 

Sec. 8. fie it further enacted, That a toll be, and 
Jiereby is granted and established, for the use and bene- 
fit of said Corporation, according to the rates following, 
to wit, for each passenger or one person passing said 
Kate of tolls. ]Bi.i(ige^ t^vo ccnts ; one person and horse six cents and 
one quarter of a cent ; a 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, 
twelve cents and five mills ; and for every additional 
beast above four two cents ; each single horse and 
chaise, chair or sulkey, seventeen cents ; each coach, 
chariot, phseton and curricle thirty-seven cents and an 
half cent ; neat cattle and horses, exclusive of those 
rode on, or in carriages, or in teams, two cents each ; 
sheep and swine, for each dozen six cents and a quar- 
ter of a cent ; and at the same rate for a greater or less 
number ; and the same toll shall be paid for all car- 
riages passing said Bridge, whether the same be load- 
ed or not, and to each team one man, and no more, shall 
be allowed as a driver, to pass free from payment of 
toll ; and at all times when the toll gatherer shall not at- 
tend his duty at the said bridge, the gate or gates shall 
be left open. And the said toll shall commence on the 
day of the first opening of the said Bridge for passen- 



power. 



T. P PLANTATION SET OFF. Feb, 13, 1816. 117 

gers, and shall continue for and d\iring the term of se- 
venty-five years from the said day, and be collected as 
shall be prescribed by said Corporation ; provided the 
said proprietors shall, at all times, keep said Bridge in 
good repair, and at the end of the said term deliver the 
same to the Commonwealth for their use ; provided also, 
that at the place where the toll shall be collected, there 
shall be constantly kept on a board or sign, exposed to 
©pen view, the rates of toll in legible letters. 

Sec. 4. Be it further enacted, That if the said Cor- 
poration shall neglect or refuse, for the space of two Proviso. 
years from the passing of this act, to build and complete 
said Bridge, then this act shall be void and of no effect. 

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

Sec. 6. Be it further enacted, That at the expira- Limitatio»ef 
tion of ten years from the opening of said Bridge, the 
General Court may regulate anew, the rates of toll re- 
ceivable thereat. 

[Approved by the Governor, February 13, 1816.] 



CHAP. XCVIL 

An Act to set off the south east part of Thompson Pond 
Plantation, and annex the same to the town of 
;New. Gloucester. 

Sec. 1. ijE it enacted hj the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That all that part of Thomp- 
son Pond Plantation, in the county of Cumberland, 
which is described within the following bounds, viz. : 
Beginning at the south east corner of said plantation ; ^<"^'i^»J^i*' 
thence south west adjoining New-Gloucester line to the 
southwesterly comer of said plantation ; thence north- 
west by Raymond's line to the inlet of the upper range 
pond ; thence northeasterly by said inlet and pond 



118 HAMPSHIRE BANK. FpA 13, 1816. 

across said plantation to the line of the town of Poland ; 
thence southeasterly by Poland line to the place of be- 
ginnins;, with the inhabitants thereon, be, and the same 
are hereby set off from Thompson Pond Plantation and 
annexed to the town of New-Gloucester in the said 

Pi^viso. county of Cumberland : Provided nevertheless, that 

the said tract of land and the inhabitants thereon so 
set off as aforesaid, shall be holden to pay all such 
taxes as are already assessed or ordered to be assess- 
ed by said plantation in the same manner as they 
would have been, if this act had not been passed. 

Sec. 2. Be it further enacted. That six cents on 
the sum of one thousand dollars, which was charged 

Taxes. to Said plantation in the settlement of the last valuation, 

be, and hereby is deducted from said plantation, and 
, charged to the town of New-Gloucester, in all public 
taxes hereafter to be ass<^.ssed until a new valuation. 

[Approved by the Governor, February 13, I8I6.3 



CHAP. XCVIII. 

An Act in further addition to an act, entitled " An act 
in addition to an act, entitled an act to incorporate 
the President, Directors and Company of the Hamp- 
shire Bank." 

.OE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same. That so much of an act, 
TiraeaiioMed. entitled, " Au act iu addition to an act, entitled 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 Stock- 
holders 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 
seventeen. 

[Approved by the Goveriior, Eebruary 13, 1816.] 



WEIGHT BEEF & PORK HEG. Feh 13, 1816. 



119 



CHAP. XCIX. 

All Act in addition to an act, entitled ^^ An act to re- 
gulate the weight of Beef and Pork.'^ 



Sec. 1. aSE it enacted by the Senate and House of 
lie presentatives in General Court assembled, and by 
the authority of the same. That from and after the first 
day of April next, it shall be tlie duty of the Select- 
men of every town within this Commonwealth, wliere Weigiiers ^p. 
Beef Cattle are sold for the purpose of Market, or ^''''"^''*' 
barreling, to appoint one or more person or persons, 
not being dealers in Cattle, and conveniently situated 
in such town, to be weigher or weighers of Beef, who 
shall be sworn to the faithful discharge of the duties of 
their office, and shall receive such fees as are herein- 
after described. 

Sec. 2. Be it further enacted^ That all Beef sold as 
tiforesaid, shall be weighed by the said sworn weigh-- 
ers, and certificates of the weight of all the Beef, Hide Certificate^ 
and Tallow of each head of Cattle, in the form follow- 
ing, shall be signed by the said weighers, and deliver- 
ed to the seller or sellers thereof. 

FORM OF CERTIFICATE. 

This Certifies that 1 have duly weighed the Cattle, 
Bought by of from of this 

day of 181 

Beef, 

Hide, 

Tallow 




Total - - - - - I I I II 

Sworn Weigher, 
Sec. 3. Be it further enacted, That the fees for 
weighing shall be as follows : for weighing any quan-RateoffeeSi 
tity of Cattle, not exceeding five head, twenty cents per 
head ; not exceeding ten head, fifteen cents per head, 
not exceeding twenty head, ten cents per head, all 
over twenty head, five cents per head, beyond the 
first twenty head, which fees shall be paid by the sell- 
er or sellers of such Cattle, twelve and one half ceutg 
16 



120 CUMBERLAND J5ANK. Feb. 13, 181(5. 

for each certificate duly sii:;nc,(l, which shall he paid 
by tlie seller or sellers thereof, wliieli sluill contain the 
several vveii;hts of all the Cattle jjflered for \veii>;ht, by 
any one person, unless otherwise recjuested, by the 
seller or sellers thereof. 

Src. 4. He it further enacfid, That any butcher 
or butchers, purchaser or purchasers of I'^eef ( attle, 
intended for market or barrelini^, who shall purchfise 

lines. jviiy such liccf Caltlc, coutrary to the true intent and 

ineaniuij; of this act, shall forfeit and pay the sum of 
thirty dollars for each and evory such oflence, to be 
recovered with cosi of suit, by action or plaint, before 
any Court proper to try the same, one half to the use 
of the ComnKunvealth, and the other half to the per- 
son or persons who shall prosecute for the same : Pro- 
vidpd that nothiiii; in this act shall prevent any person 
or persons from buyinj^; or selling; live Cattle, commoii- 

Pioviso. ]y called Cattle on the foot. And provided that no 

person shall be obliged to weii:;h any Beef Cattle, 
w hen the weight or mode of weighing shall be agreed 
on by the buyer and seller. 

[Approved by the Governor, Februaiy 13, 1816.] 



CHAP. C. 

An Act authorizing the President, Directors and Com- 
pany of the Cumberland Bank to reduce their capi- 
tal stock. 

JjE 77 evaded by the Senate and House of 
Representatives in General Court assembled^ and by 
the authoritij of the same, That, from and after Ihe pas- 
sing of this act, the capital stock of the President, Di- 
rectors and Company of the Cumberland Bank, shall 
s*^*!r^"^""^ be two hundred thousand dollars, 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 Commissioners by them appointed, 
that there exists in said Bank funds belonging to said 



MEADOWS IN SUD. ^ E. SUD. Feb, 13, 1816. 121 

Corporation, sufficient to pay all bills in circulation, 
anil all deposits antl other demands existing against 
the same, beyond the sum then to be divided : Provided 
alao, th.it nothing herein contained shall be construed 
to affec the liability of the Corporation or the indivi- 
dual 8tockhoId.^rs as established by the original act 
incorporating said Bank : Provided also^ that the said Proviso 
President, Directors and Company 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 actually be ?'educed and paid. 

[Approved by the Governor, February 13, 1816.] 



CHAP. CI. 

An Act to incorporate the proprietors of certain Mea- 
dows in Sudbury and East Sudbury 

Sec. 1. 1>E it enacted by the Senate and House of 
llepresentatives^ in General Court assembled, and by 
the authority of the same, That all the proprietors and 
owners of meadow lands situated in the towns of Sud- 
bury and Fast Sudbury, which are adjoining Sud- 
bury river, so called, from the line of the town of Fra- 
mingham to the line of the 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 Piopriejors in- 
incorporated into a body politic, by the name of The'^^'^'P'^^'*^^'^- 
Proprietors of Meadows in Sudbury and East Sud- 
bury, and by that name may sue and be sued, and do 
and suffer all matters, acts or things which bodies po- 
litic may or ought to do and suffer. 

Sec. 3. lie it further enacted^ That said Corpora- 
tion shall have power to clear said river, by removing 
the sand banks, bars, and other natural obstructions, 
and by cutting and clearing the grass that grows in May sue. 
said river, whether the same be within the limits of 
said towns or not ; and that the said Corporation, in 
their corporate capacity, may maintain an action of the 
case in any court proper to try the same, for any un- 



tvea MEADOWY S IX SUD. & E. SUD. Feb. (3, 1816. 

lawfal obstsucilons put in or kept up in said river, 
eitlun* within the limits of said towns or el"<ewhcre, by 
reason of w hich said meadow^ may in any wise be 
injured. 

8ec. 3. Be it further enacted. Tliat Jinv Justice of 
the Peace in the county of Middlesex be, and he here- 
by is empowered and directed, upon application in 
^j^^,^,j^„g writing from five or more of said proprietors, to issue 
vk-iuncd!' his warrant to any one of the proprietors aforesaid, re* 
quiring hira to notify and warn tiie said proprietors to 
meet at sucii time and place as he shall deem most 
convenient, and for the purposes to be expressed in 
said warrant, by posting up copies of said warrant 
with the notification thereon, at the several houses of 
public w orship in said towns of Sudbury and East 
Sudhury. fourteen days at least prior to the time of 
holding said meeting; and tlie said proprietors, when 
legally assembled as aforesaid, shall have power to 
Officers to be choosc a Cknk. Committee, Assessors, Collector of 
ohostn. taxes, Treasurer, and such other officers as they sliall 

deem necessary, w'ho shall be sworn to the faithful 
discharge of the trust reposed in them, and continue 
to serve until others arc 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, execute and carrv into effect any vote or law- 
ful orjer of said Corporation, as town officers of the 
like description have bylaw to do and perform in their 
respective offices ; and the said Corporation shall at 
their first meeting agree and determine upon a method 
Fr.iavt mcet-0^ ^''*^^^"? future meetings: and the said Corporation 
'"ss- at any meeting legally called for that purpose, may 

Tote to laisc monies for the purposes of removing ob- 
structions in said river, and for draining and better 
manajrinir said meadows, and for carrvius: the votes 
and orders of said Corporation into effect ; and all mo- 
nies raised as aforesaid, shall be assessed upon each 
\ssesment P^'oprictor iu proportion to the interest he or she may 
have in said meadows: and if any proprietor shall re- 
fuse 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 



MEADOWS IN SUD. ^ E. SUD. Feb. 13, l8l6. 123 

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 Avill be sufficient to pay the same 
with cost, notice of such sale to 1)e given by the Col- 
lector by posting up advertisements thereof at the sev- 
eral houses of public 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 execute a deed or deeds to the pur- 
chaser or purchasers, his or her heirs and assigns, ex- 
pressing therein the cause of such sale, saving to such Redemption, 
delinquent proprietor or proprietors the right of re- 
deeming the same for the space of one year, by paying 
the said purchaser the sum he may have given there- 
for, and interest after the rate of ten per centum per 
annum. And the said Corporation may at their first 
meeting, or any future meeting legally called, estab- 
lish such rules and regulations as shall be judged ne- ^uSons".^ ^'^ 
cessary, provided the same are not contrary to the 
Constitution and Laws of this Commonwealth, for the 
better management of its aiFairtj, 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 proprietors of general and 
common fields. 

[Approved by the Governor, .February 13, 1816.] 



i24i AMHERST ACADEMY. Feb, 13, 1816. 



CHAP. CII. 

An Act to establish an Academy in the town of Am- 
herst, in the county of Hampshire. 

fY HERE AS sundry persons, inhabitants of Am- 
herst, in the county of Hampshire, have, at the expense 
of five thousand dollars, erected a suitable building for 
an iicadeniy in said town, and have procured an able 
instructor to teach the usual Academical branches of 
learning, and it appears that said town is a suitable 
place for such an institution : 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in Geyieral 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, Nathan Perkins, Samuel T. 
Dickenson, Hezekiah W. Strong, Rufus Cowles, 

Pei^ons incor- Calvin Merrill. Noah Webster, John Woodbridge, 
James Taylor, Nathaniel Smith, Josiah Dwight, Ru- 
fus Graves, Winthrop Bailey, Experience Porter, and 
Elijah Gridley, be, and are hereby incorporated into 
a body politic, by the name of The Trustees of Am- 
herst Academy, and that they and their successors 
shall be and continue a body politic and corporate, by 
the same name forever. 

Sec. 2. JBe it further enacted, That all monies, 
lands, or other property and things already given, or 
which shall be hereafter given, granted, devised, be- 
queathed, transferred or assigned to the said Trustees, 
for the purpose aforesaid, shall be and hereby are con- 
firmed to the said Trustees and to their successors in 

Fee simple, that trust forcvcr ; and that the said Trustees may 
have and hold in fee simple, by gift, grant, devise, be- 
quest, or otherwise, any lands, tenements, heredita- 
ments, or other estate, real or personal ; provided the 



AMHERST ACADEMY. Feb. 13, 1816. 1S5 

annual income thereof shall not exceed the sura of five 
thousand dollars ; and may sell and dispose of the 
vSame, and apply the interest, rents and profits thereof 
in such manner as to promote the end and design of 
said institution. 

Sec. 3. Be it further enacted, That the said Trus- 
tees shall have powder, from time to time, to elect such 
officers of the said Academy as they shall judge ne- 
cessary, and to fix the tenures of their respective of- ^o^^er of Ti-us- 
fices ; to remove any Trustee from tlie Corporation, '^'^^' 
when, in their opinion, he shall be incapable by reason 
of age or otherwise, of discharging the duties of his 
office'. ; to fill all vacancies in said Corporation by elect- 
ing such persons for Trustees as they shall think 
suitable ; to determine the times and places of their 
meetings, the manner of notifying the Trustees, and 
the method of removing and electing Trustees ; to 
prescribe the powers and duties of their several offi- 
cers ; to appoint preceptors of the said Academy, to 
determine their powers and duties, and to fix the ten- 
ures of their offices, and to make and ordain rules and 
orders, with reasonable penalties, for the good govern- 
ment of said Academy, not repugnant to the Laws of 
the Commonwealth. 

Sec. 4. Be it further enacted, That the said Trus- 
tees may have a common seal, vt^hich they may, at 
pleasure, break, alter and renew ; and that all deeds 
signed and sealed with their seal, delivered and ac- 
knowledged by the Treasurer or Secretary of said Cor- 
poration, by order of said Trustees, shall be good and 
valid in law; and that the said Trustees may sue and May sue and 
be sued, in all actions, real, personal, and mixed, and'*''^'*^'^ 
prosecute or 'lefend the same to final judgment and ex- 
ecution, by the name of the Trustees of Amherst Acad- 
emy. 

Sec. 5. Be it further enacted. That the number of 
said Trustees shall not, at one time, be more than 
fifteen, nor less than nine ; and five of them shall con- Officers limited 
stitute a quorum for transacting business. 

S' c. 6. Be it further enacted. That the Reverend 
David Parsons be, and hereby is authorized to appoint Meetings call- 
the time and place for holding the first meetiiig of the ^'^ 



136 COM. OF CER. ACT. REG. Feb. 13, 18i6. 

said Trustees, and to give them notice thereof, in such 
manner as he shall judge expedient. 

[Approved by the Governor, February 13, 1816.] 



CHAP. cm. 

An Act in addition to an act, entitled ^^ An act regula- 
ting the Commencement of certain Actions in which 
the inhabitants of the town of Boston, in the county 
of Suffolk, shall be a party.'' 

Sec. 1. JjE it enacted hy the Senate and House of 
Uppresentatives in General Court assembled, and by 
the authority of the same, That all actions to be com- 

Actions trans- meuced hereafter, wherein the inhabitants of the town 
of Boston, in the county of Suffolk, in their corporate 
capacity, shall sue or be sued, may be instituted and 
prosecuted in either of the counties of Norfolk, Mid- 
dlesex, or Essex, any tiling in a law, to which this is in 
addition, to the contrary notwithstanding. 

Sec. 2. Be it further enacted, That any Coroner 
of the county of Suffolk, be, and be hereby is authorized 
to serve and execute all writs and precepts to him di- 
rected, wherein the inhabitants of the town of Boston 

Power to Cor- shall sue, or be sued by the Sheriff of said county, or 

°"^'^' either of his Deputies, notwithstanding said Coroner 

may be an inhabitant of said town. 

Sec. 3. Be it further enacted, That whenever an 
execution, which has been issued on the judgment of 
any Court within this Commonwealth, in which judg- 
ment the inhabitants of said town of Jioston shall be a 
party, shall be in the hands of an officer, having au- 
thority to serve the same, and said officer shall be di- 
rected to extend the said execution on real estate of the 
debtor, situated in the said town of Boston, then the 

Appraisers, said officcr shall cause three discreet men, being free 
holders in said county of Suffolk, to be chosen and 
sworn to appraise such real estate in the manner pre- 
scribed in the second section of an act of this Common- 
wealth, passed the seventeenth day of March, in the 
year of our Lord one thousand seven hundred and eigh- 



HOPKINS ACADEMY. Teh. i% 1816. m 

ty four, and entitled " An act directing the issuing, ex- 
tending and serving of executions ;" and the appraise- 
ment, so made, shall be valid, notwithstanding the ap- 
praisers, so chosen, or any of them, may be an inhabi- 
tant of said town. 

[Approved by the Grovernor, February 13, 1816.] 



CHAP. CIV 

An Act to incorporate the Trustees of Hopkins 
Academy. 

Whereas it appears by the petition of Seth 
Smith and others, the Committee of tha Donation, 
School in the town of Hadley, that a fund heretofore 
given for the support of said School by the Honorable 
jEdward Hopkins, may be more conveniently and ad- 
Tantageously directed to the furtherance of the bene- 
volent objects of the donor by establishing a body po- 
litic for the management of the same : Therefore, 

Sec. 1. Be it enacted by the Senate and House of 
Mej)respntatives 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 aud 
county of Hampshire, upon the foundation of the Hop- 
kins Donation School, to be known and called here- 
a^t'r by the name of Hopkins Academy, and that Seth Pei-'ons luctf 
Smith, William Porter, Jacob Smith, William Dick- ^'°^ " 
ins(tn, and Mo«es Porter, the Committee of the Dona- 
tion Scliool nforesaid, be, and they hereby arc iiicor- 
p>rate;l iito a body politic by the name of The Trus- 
tees of Hopkins Academy : and they ami their suc- 
cessors sliall be and continue a body politic by the 
same name forever. 

Sec. 2. Be it further enacted, That all the lands 
and monies heretofore given or SMl)scribed to the Com- 
mittee aforesaid for the use of the said School, or which 
shall hereafter be sriven, s;ranted and assi2;ned to the P'^p^y as- 
Trustees aforesaid for the use of the said Academy, 
shall be confirmed to the said Trustees, and their suc- 
cessors in that trust forever, for the uses designated 
17 



128 HOPKINS ACADEMY. Feb. 14, 1816. 

by the Donors : and they, the said Trustees and their 
successors shall be further capable of having, holding 
I'ee simple, and taking, in fee simple, by gift, grant, devise or 
otherwise, any lands, tenements or other 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 he applied in 
such a manner as that the designs of the donors may 
be most effectually ])romoted. 

Sec. 3. Bf it fur the v enacted^ That the said Trus- 
tees shall have power from time to time, as they shall 
determine, to elect such officers of the said Academy 
omcei-s to be as tlicy shall judge necessary and convenient, and fix 
I ostn. ^^^ tenures of their respective offices : to remove any 

Trustee from the Corporation, when in their opinion 
lie shall be incapable, through age or otherwise of 
discharging the duties of his office ; to fill all vacan- 
cies 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 as- 
certain the powers and duties of their several officers ; 
to elect preceptors and instructors of the said Academy, 
and determine the duties and tenures of their offices ; 
to ordain reasonable rules, orders and bye-laws, not re- 
Ruies and Rc-p^io^naut to the Laws of tilis Commonwealth, with rea- 
" ' sonable penalties, for the good government of the said 
Academy, and to ascertain the qualifications of Stu- 
dents, requisite to their admission, and the same rules;, 
orders or bye-laws at their pleasure to repeal. 

Sec. 4. Be it fnrtJier 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 
\iaysucaadbethe Tnistces aforesaid may sue and be sued in all ac- 
tions, real, personal or mixed, and prosecute and de- 
fend the same to final judgment and execution. 

Sec. ^, Be it further enacted^ That the number 

Limitation. of Said Trustces and their successors, shall not at any 

one time be more than nine, nor less than five, and a 



WOODLAND &c. IN TOPS-LD. Feb. ii, 1S16. 129 

majority of the. whole number for the time being, shall 
constitute a qaorum for transacting business : and a 
m'Jijority of members present at a legal meeting, shall 
decide all questions proper to come before the Trustees. 
Sec, 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, 

[Approved by the Governor, February 14, 1816.] 



CHAP. CV. 

An Act to incorporate certain proprietors of Meadow 
and Woodland, within the town of Topsfield in the 
county of Essex. 

Sec. I. 15 E it enacted by the Senate and House of 
llejivesentatives, in General Court assembledj and by 
the authority of the same f That from and after the pass- 
ing of this act, all the proprietors of certain Meadow Proprietors in- 
and Woodland lying in Topsfield, bounded as follows ; '^^'i^'^'^^^"- 
beginning at Ipswich river by Grarden Meadow ditch, 
so called; thence westerly by land of Hobert Perkins, 
jun. and Joseph Batchelder, to the upland by land of 
Dudley Bradstreet, thence northerly by land of said 
Dudley Brad street, and heirs of Nathaniel Averell, 
Joseph Averell, heirs of Jacob Averell, Solomon Av- 
erell, 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 hereby are incorporated into a body politic, 
by the name of The Proprietors of the Hassocky and 
River Meadows in Topsfield, and by tliat name may May sue and 
sue and be sued, and do and suffer whatever other sim- ''^ *'"^^* 
liar bodies politic may and ought to do and suffer. 

Sec. 2. Be it further enacted, That the said Ips- 
wich river, where ever said Meadow is bounded there- Boundaries, 
on, shall be, and hereby is made a legal fence. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace in the county of Essex be, an<l he is hereby 



130 WOODLAND &e. IN TOPS'LD. Feh. 14, 1SJ6. 

empowered and directed, upon application in writing 
from three or more of said proprietors, to issue las 
Jiistice issue Warrant to onc of the proprietors aforesaid, requiring 
T^rran- Mm to notify and warn a meetiiir; of said iirnprietors, 
at such time and place as he shall jndge most conve- 
nient, and for the purposes to he expressed in said 
warrant, by posting up copies of the warrant, with the 
notification thereon, at some public place in said Tops- 
field, and in the town of Hamilton in said counry (4 Es- 
sex, seven days at least before the time for h<;lding tlie 
meeting; and the said proprietors, when thus legally 
assembled, shall have power to choose a Clerk, who 
shall be sworn to the faithful execution ct that office, 
in the meetiug, by the Moderator, who is hereby au- 
•fficers to bethorized to administer the osith accordingly ; and also 
to choose a Committee or Committees, Field-drivers, 
Assessors, Collector or Collectors of taxes, and Trea- 
surer, 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 tl.eir places, w hich may 
be annually ; and the Clerk of the Corporation or any 
Justice of the Peace in the county of Essex, are hereby 
severally authorized to administer the oath to the a- 
bove named officers, which officers chosen and sworn 
as aforesaid, shall have the same power to perform, 
execute and carry any vote or order of said Corpor- 
ation into full eifect, as tov^^n officers of like descrip- 
tion have by law ; and said Corporation shall, at their 
first meeting, agree and determine upon the method for 
calling future meetings ; and said Corporation shall 
at their first meeting, or at any other legal meeting 
May raise inc- Called for the purposc, have power to vote and raise 
"'"■ monies for the purpose of draining off any stagnant 

water from said Meadow from time to time, as shall be 
found necessary, and to pay all other expenses that 
shall be found necessary for the better improving and 
management thereof; and all monies raised as afore- 
said, shall be assessed upon each proprietor in pro- 
portion to the just value of such part of the Meadow 
as he or she may own of the same ; and if any pro- 
prietor shall -refuse or neglect to pay the sura or sums 
assessed upon him or her as aforesaid, after ninety 
days notice, so much of bis or her Meadow land shall 



CASTINE BANK. Feh, 14, 1816. iU 

be sold as will be sufficient to pay the same with lei;al 
cost, hi the same way and manner as non resident pro- 
prietors lands in this Commonwealth are sold to pay 
taxes. 

Sec. 4. Bp it further enacted, That said proprie- 
tors shall make and maintain their several proportions 
of the fence inclosing said general and common iield, 
according to the number of acres they shall severally 
own of the same, to be apportioned in the same way Fences appoiv 
and manner as is provided in a law passed February ''^'^^"*' 
twenty-fourth, one thousand seven hundred and eighty- 
six, concerning general and common fields, for appor- 
tioning and assigning to each proprietor his share of 
the general fence of the same. 

[Approved by the Governor, February 14, 1816.] 



CHAP. CVI. 

Au Act to incorporate the President, Directors and 
Company of the Castine Bank. 

Sec. 1. Be if enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Daniel Johnston, Otis 
Little, Doty Little, David HoAve, William Abbot, 
Samuel Upton, Thomas Adams, Jonathan L. Stevens, Persons incoi-:- 
Josiah Hook, jun. Pearl Spofford, Joseph Perkins, ^'°^ 
and Robert Perkins, their associates, successors and 
assigns, shall be, and hereby are created a Corpor- 
ation, by the name of the President, Directors and 
Company of the Castine Bank, and shall so continue 
until the first day of October, which will be in theLimitatiom 
year of our Lord one thousand eight hundred and thirty- 
one, and by that name shall be, and are hereby made 
capable in law to sue and be sued, plead and be im- 
pleaded, defend and be defended in any Court of Re- May sue and 
cord, or any place whatever; and also to make, Iiave'"^^'^'^*'- 
and use a common seal, and to ordain, establish and 
put in execution such bye-laws, ordinances and regu- 
lations, as to them shall appear necessary and con- 
veuieut for the government of the said Corporation and 



132 OASTINE BANK. Feh. i% 18i6. 

the prudent maaagement of their affairs ; 'provided sueU 
bye laws^ ordinances and regulations shall in no wise 

Prorist. be contrary to the Constitution and Laws of this Com- 
monwealth : And the said Corporation shall be always 
subject to the rules, restrictions, limitations and pro- 
visions herein prescribed. 

Sec. S. Be it further enacted. That the Capital 
Stock of said Corporation shall consist of the sum of 
one hundred thousand dollars, in gold and silver, di- 

Capiiai Stock, vidcd iuto sliarcs of one hundred dollars each, which 
shall be paid, one quarter on or before the first day of 
October next, and the remaining sum, one quarter in 
six months, one quarter in twelve months, and one 
quarter in eighteen months, after the said first day of 
October. And the Stockholders at their first meeting, 
shall, by a majority of votes, determine the mode of 

liistaiments. transferring and disposing of said Stock and the profits 
thereof, which being entered on the books of said Cor- 
poration, shall be binding on the Stockholders, their 
successors and assigns ; and the said Corporation are 
hereby made capable in law to have, hold, purchase, 
receive, possess, enjoy and retain to them, their suc- 
cessors and assigns, lands, rents, tenements and here- 
ditaments, 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, that nothing herein contained shall 
restrain or prevent the said Corporation from taking 
and holding real estate in Mortgage, or on execution, 
to any amount, as security for, or in payment for any 
debts 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. 

Sec. 3 Be it further enacted, That the rules, lim- 
itations and provisions which are provided in and by 
the third section of an act, entitled " An act to incor- 
porate the President, Directors and Company of the 
State Bank,'' shall be binding on the Bank hereby 



CASTINE BANK. Feb. i% 1816. 133 

established : Provided that the bond required to be 
given by the Cashier, shall be given in the penalty of 
twenty thousand dollars; and the number of Directors Limitation of 
to be annually chosen shall be seven, and four may con- ^^^''^'' 
stitute a (Quorum for the transaction of business : And 
provided also, that the amount of debts at any time 
due from said Bank shall not exceed fifty per cent 
beyond the amount of their Capital Stock actually 
paid in. 

Sec. l. Be it further enacted, That said Bank shall Location. 
be established and kept in the town of Castine. 

8ec. 5. Be it further enacted, That whenever the 
Commonwealth may require it, the said Corporation 
shall loan to the Commonwealth, any sura of money state io%. 
which may be required, not exceeding ten thousand 
dollars, at any one time, reimbursable by five annual 
instalments, or at any shorter period, at the election of 
the Commonwealth, with the annual payment of inter- 
est, at a rate not exceeding five per eentum per annum : 
Provided however, that the Commonwealth shall never, 
at any one time, stand indebted to the Corporation 
without their consent, for a larger sum than twenty 
thousand dollars. 

Sec. 6. Be it further enacted, That any Commit- 
tee, specially appointed by the Legislature for that 
purpose, shall have a right to examine into the doings state oversets. 
of said Corporation, and sliall have free access to all 
their books and vaults; and if upon such examination, 
it shall be found, and after a full hearing of said Cor- 
poration thereon, be determined by the Legislature 
that said Corporation have exceeded the power herein 
granted them, or failed to comply with any of the rules, 
restrictions or conditions, in this act provided, the 
Incorporation shall thereupon be declared forfeited and 
void. 

Sec. 7. Be it further enacted, That the persons^ 
herein before named, or a majority of them, are au- 
thorized to call a meeting of the Members and Stock- 
holders of said Corporation, as soon as may be, at such 
time and place as they may see fit, by advertising the 
same three weeks successively in the Columbian C en- Public notice. 
tinel printed in Boston, and by posting notifications in 
one or more public places io the town of Castine, for 



134 CxVSTINE BANK. Feb. i% 181 6. 

the purpose of making, ordaining and establishing such 
bye laws, ordinances and regulations for the orderly 
conducting the affnirs of said Corporation, as the Stock- 
holders shall deem necessary, and for the choice of 
the first Hoard of Directors, and such other officers as 
they shall see fit to choose. 

Sec. 8. Hp it further enacted. That it shall be the 
duty of the Directors of said Bank, to transmit to the 
Butics ot Di- Governor and Council of this Common wealth, for the 
rtctors. jjp^g being, once in six months at least, and as much 

oftener as they may require, accurate and just state- 
ments of the amount of the Capital Stock of said (Cor- 
poration, and of the debts due the .same, of the mo- 
nies deposited therein, of the notes in circulation, and 
of the gold, silver and copper coin, and the bills of 
other Banks on hand; which statement shall be signed 
by the Directors and attested by the Cashier, and shall 
be verified by oath before some person competent to 
adnnnister the same. 

Sec. 9. Be it farther enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
State Stock, shall make provision b} law, to subscribe on account 
of the Commonwealth, a sum not exceeding fifty thou- 
sand dollars to be added to the Capital Stock of «aid 
Company, subject to such rules, regulations and pro- 
visions, as shall be by the Legislature made and es- 
tablished, as to the management thereof. 

Skc. 10. Be it further enacted, That the said Cor- 
poration shall be liable to pay to any bonafide holder. 
Must pay alter- the oHgiual amouut of any note of said Bank, altered 
ed notes. -^^ ^^^^ cours**. of its cifculatlon to a larger amount, not- 
withstanding such alteration. 

Skc. H. Be it farther enacted, li]mt the said Cor- 
poration, from and after the first day of October next, 
shall pay ]»y way of tax, to the Treasurer of this Com- 
monwealth, for the use of the same, wilhin ten days 
State tax. after the first Wondny of April and October annually, 
the half of one per cent, of the amount of the tuiginal 
stock which shall have been actually paid in ; provi- 
ded, however, that the same tax, payable in manner 
af<»resaid, shall be recjuired by the Legislature, of a!l 
Banks hereafter incorporated within this Common- 
>vealth : And ijvovided farther, that nothing heiein 



Louns. 



SUPREME JUDICIAL COURT. Feb, 14, 1816. 18§ 

contained shall be construed to impair the right of the 
Legislature to lay a tax or excise upon any Bank, al- 
ready incorporated under the authority of this Cooi- 
iiionweaUh, whenever they may think proper so to do. 
Sec. 12. Be it further enacted, That one tenth 
part of the whole fund of said Bank shall always be 
appropriated to loans, to be made to the citizens of 
this Commonwealth, and wherein the Directors shall 
wholly and exclusively regard the agricultural and Limitation «if 
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 tiie borrower, with collateral security by a mortgage 
of real estate, to the satisfaction of the Directors of 
isaid Bank, for a term not less than one year, and on 
condition of paying the interest annually on such loans, 
subject to the forfeitures and right of redemption as is 
by law provided in other cases. 

[Approved by the Governor, February 14, 1816.] 



CHAP. CVIL 

An Act making provision for the holding of a term of 
the Supreme Judicial Court, in the counties of Frank- 
lin and Hampden, and for altering the time of hold- 
ing the same in the counties of Hampshire and Berk- 
shire. 

Sec. 1. JjE it enacted by the Senate and House of 
KepresentativeSf in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the Supreme Judicial Court shall 
be holden at Springfield, within and for the county of Time of hou- 
Hampden, on the fourth Tuesday of April annually ;'"^*^''"'^* 
and at Greenfield, within and for the county of Frank- 
lin, on the fourth Tuesday next after the fourth Tues- 
day of April annually; and the Supreme Judicial Court 
now appointed by law to be holden at Northampton, in 
the county of Hampshire on the fourth Tuesday of A- 
pril, shall in future be holden on the third Tuesday 
next after the fourth Tuesday of April ; and the Su» 
18 



136 SUPREME JUDICIAL COURT. Feb. 14, 1816. 

prerae Judicial Court, now appointed by law to be 
liolden at Lenox, within and for the county of Berk- 
shire^ on the second Tuesday next after the fourth 
Tuesday of April, siiall in future be holden on the first 
Tuesday next after the fourth Tuesday of April. 

Sec. 3. He it further enacted, That the Tuesday 
on which any of the said Courts are respectively to be 
holden, may, in all judicial proceedings, from time to 
time, be expressed and designated by such Tuesday 
of the month as will be the Tuesday on which any 
Court is to be holden pursuant to the aforesaid arran^je- 
ment : And all writs, recognizances, warrants, com- 
plaints, and every other matter and thing that should, 
after the passing of this act, be returned to or entered 
at the Supreme Judicial Court, at the times and places 
heretofore appointed in the said counties of Hampshire 
Salts returned, and Berkshire, and all parties and persons that may 
be required or directed to appear and attend at the 
aforesaid times and places, and all actions, matters 
and suits that may be pending in the same Court iu 
the said counties on the day of the passing of this act, 
shall be returned to, entered, appear and attend, have 
day, be tried and determined in said Court, in said 
counties, at the respective times and places establish- 
ed by this act, pursuant to the true intent and mean- 
ing thereof, except such matters and things as in and 
by this act are transferred to, and are directed to be 
heard and determined in the said counties of Franklin 
and Hampden respectively. 

Sec. 3. Be it further enacted, That all actions 
and civil suits of every name and kind now pending 
in the Supreme Judicial Court for the county of Hamp- 
shire, which were originally commenced in the Cir- 
cuit Court of Common Pleas for the counties of Frank- 
lin or Hampden ; all petitions in which the petitioner 
Suits transfer- jg an iuhabiiaut of either of said counties ; and all in- 
dictments against any person or persons for offences 
committed within either of said counties, shall be trans- 
ferred and removed to, entered, heard, tried, and pro- 
ceeded upon within the said counties of Franklin and 
Hampden, respectively, within which the said actions 
"^ originated and were commenced, the said petitioners 

reside, and the said offences were committed ; and all 



PERSON SET OFF. Feh. 14, 1816. 137 

the papers and documents belonging to all such actions, 
suits, petitions and indictments, that, are or shall be 
filed in the Clerk's office for the said county of Hamp- 
shire, shall be delivered over by him to the Clerks of ' 
the said counties of Franklin and Hampden, respec- 
tively. And all appeals, which have been made from 
any Circuit Court of Common Pleas, and all recog- 
nizances, which shall have been taken within either 
of the said counties of Franklin and Hampden, since 
the last term of the Supreme Judicial Court holden 
within the county of Hampshire, and all offences, 
which shall have been committed within either of the 
said counties of Franklin and Hampden shall be en- 
tered, heard, tried, prosecuted and proceeded upon, 
within the said counties, respectively, where the ap- 
peals were made, the recognizances were taken, and 
the offences were committed : Provided nevertheless, 
that all cases and questions that may arUt in the Su- 
preme Judicial Court in either of said counties of 
Franklin or Hampden, which require three or more 
of the Justices of said Court to determine ; and all 
crimes and offences which require the attendance of 
three or more of said Justices, shall be heard, tried 
and determinetl in the same manner as if this act had 
not been passed. 

[Approved by the Governor, February 14, 1816.] 



CHAP. CVIII. 

An Act to set off Samuel Lawrence from the town of 
Pownal to North Yarmouth. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Samuel Lawrence of 
Pownal, together with his family and so much of his Person set off. 
estate as now lies in said Pownal, be, and they are 
hereby set off from the town of Pownal, and annexed 
to the town of North Yarmouth ; and shall forever 
hereafter be subject to all the duties, and entitled to 
all the privileges of inhabitantis of the town of North 



138 FISHERY IK BLUEHILL. Feb. 14, I8I6. 

Yarmouth : Provided^ however, that said Samuel Law- 
rence sliall be holden to pay all taxes that have been 
lawfully assessed upon him by the town of Pownal, 
previous to the passing of this act. 

[Approved by the Governor, February 14, 1816.] 



CHAP. C£X. 

An Act to regulate the Alewive Fishery in the town 
of Bluehill. 

Sec. 1. ijE it enacted hij the Senate and House of 
Mepreseyitatives, in General Court assemhlpd, and by 
the aidhority of the same. That it shall and may be 
lawful for the town of Bluehill, in tlje county of Han- 
May sell rriv- cock, annually, at any legal meeting of the inhabitants 
^^S'-'- of said town, to sell or otherwise, dispose of the pri- 

vilege of taking the fish called Alewives in any brook, 
stream or place within the limits of said town, not ex- 
ceeding three days in each week, under such regula- 
tions as the said town shall direct, and the emolument 
arising from said privilege shall be appropriated by 
said town to such purposes and use as the inhabitants 
thereof shall, in town meeting, from time to time, 
determine. 

Sec. 2. Be it further enacted, That if the purcha- 
ser or purchasers, manager or managers of the said 
privilege, or those employed by them, shall presume 
Pines for to take auy of the said fish, at any other time or place 
bivach of j,^ gj^|(j town than shall be determined by said town ; 
and if any other person whatever shall presume to take 
or catch any of said fish in any brook or stream within 
the boundaries of said town without permission from 
the inhabitants thereof in legal town meeting, he or 
they so oS'ending, sliall, for each offence, forfeit and 
pay a sum not exceeding twelve dollars, nor less than 
one dollar, at the discretion of the Justice before whom 
the offence shall be tried. 

Sec. 0. Be it further enacted, That the said town 

of Bluehill, shall, at their annual meeting in March or 

(Committee to A.pril, choosc a Committee not exceeding seven, nor 

less than three freeholders of said town, who shall be 



FISHERY IN BLUEHILL. Feb. 14, 1816. 139 

sworn or affirmed to the faithful discharge of the duties, 
enjoined upon them by this act ; and it shall be the 
duty of said Committee to cause the natural course of 
the streams or brooks through which tlie said fish shall 
pass, to be kept open and without obstruction during 
the whole time the said fish pass up and down said 
streams or brooks in each year, and remove any such Duties, 
obstructions as shall be found therein ; and tlie said 
Committee, or a majority of them, in the discharge of 
their duty, shall be permitted at all times, to go upon 
and pass over the lands of any person through or by 
which said streams or brooks run, without being con- 
sidered as trespassers ; and any person who shall hin- 
der or molest the said Committee in the business of 
his or their office, or shall obstruct any passage Avay 
in any of the said streams or brooks, otherwise than 
may be permitted by said Committee, or a majority of 
them, he or they, so offending, shall forfeit and pay 
for every such offence, a sum not exceeding twelve Fcrfeitures. 
dollars nor less than one dollar, at the discretion of 
the Justice before whom the same shall be tried : Pro- 
vided nevertheless, that nothing in this act shall ,be 
considered as authorizing the said Committee to in- 
jure the proprietor of any lunds, mills or water works, 
furtlier than is necessary to give the said fish a good 
and sufficient passage up and down the streams and 
brooks aforesaid. 

Sec. 4. Be it further enacted^ That it shall be the 
duty of the fish Committee appointed by said town, to 
prosecute for all breaches of this act, and for any one 
of them, to seize and detain in their custody, any net i\rfly detain 
which may be found in the hands of any person using "'^^• 
the same contrary to the true intent and meaning of 
this act, until the person so offending makes satisfac- 
tion for his offence, or is legally acquitted therefrom ; 
and also to seize to the use of said town all such fish 
as they shall have taken contrary to the provisions of 
this act. 

Sec. 5. Be it further enacted^ That all the penalties 
incurred by any breach of this act, shall be recovered 
by an action on the case, or by an action of debt, be- May sue for 
fore any Justice of the peace within and for the county p^naitie% 
of Hancock, allowing an appeal to the next Circuit 



110 SPRING. BANK.— MID. FISH'Y. Feh i% 1816. 

Court of Coramon Pleas to be holdeii in and for the 
said (joiinty ; and all sums of money, recovered in con- 
sequence of any breach of this Act, shall be to the 
Witnesser. use of Said tovvn, and no person by reason of his being 
one of said Committee, or an inhabitant of said town, 
shall be thereby disqualified from beins; a witness in 
any prosecution or suit for any breach of this act. 

[Approved by the Governor, February 14, 1816.] 



CHAP. ex. 

An Act authorizing the President, Directors and Com- 
pany of the Springfield Bank to reduce the amount 
of their Capital Stock. 

JjE it enacted hy the Senate and House of 
llefresentutives in General Court assembled, and hy 
the authority of the same, That from and after the pass- 
ing of this act, the Capital Stock of the President, 
<t.otk rcduccti. 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. 

[Approved by the Governor, February 14, 1816.] 



CHAP. CXI. 

An Act to regulate the Fishery within the town of 
Middleborough in the county of Plymouth. 

Sec. 1. JjE it enacted hythe Senate and House of 
Representatives in General Court assemUed, and hy 
the authority of the same, That from and after the pass- 
Prohibition, ing of this act it shall not be lawful for any person or 
persons (except as is hereinafter provided) to catch or 
destroy any of the fish called Alewlves within the lim- 



FISHERY IN MIDDLEBORO\ Feb i% 1816. 141 

its of the town of Middleborough, or in Titiciit river, 
so called, either within the limits of the towns of 
Middleborough, Bridgewater or Raynham ; provided 
however, that it shall and may be lawful for the inhab- 
itants of said town of Middleborough to catch said fish 
with scoop nets or set nets only at the following places Proviso, 
in said Middleborough, to wit; at Oliver's works (so 
called) three days in each week only, to wit, on Mon- 
days, Tuesdays and Wednesdays, beginning at mid- 
uiglit next succeeding Sunday and ending at midnight 
next succeeding Wednesday ; at the Old Stone Ware 
four days in each week, to wit, on Tuesday Wednes- 
day, Thursday and Friday, beginning at midnight next Time for Csii. 
preceeding Tuesday, and ending at midnight next sue- '"^ 
ceeding Friday; and at Assawampset brook, three 
days in each week, to wit, Monday, Tuesday and Wed- 
nesday, beginning at midnight next succeeding Sun- 
day and ending at midnight next succeeding Wednes- 
day ; provided also that said town of Middleborough Proviso, 
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 <hat year, 
and so from year to year, the sole privilege of catching 
Alewives w ith 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. 

Sec. 2. Be it further enacted, That if any person or 
persons shall, at any time or place other than those ad- 
raiitted by this act, catch or destroy any of the fish a- 
foresaid, or. by any other means whatever, shall in- 
terrupt, impede or hinder the passage of said fish up 
the streams, brooks and ponds within said town, or in p'»es ftr ^'"i- 
Titicut river, which divides said town of Middlebo-^ " 
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 exceeding twenty dollars, nor less 
than five dollars, to be recovered by indictment, com- 
plaint, or action of debt, in any court proper to try the 
same; one half to the use of the said town of Middle- 



14S FISHERY IN MIDDLEBORO'. Feb. i% 1816. 

borough, the otlier half to him who shall prosecute or 
sue for the same. 

Sec. 3. Be it further enacted. That if any person 
or persons be found fishing with any seine or net, or 
other machine and instrument, or any seine or other 
May seize nets, ii^ strum ent which shall be used by any person or per- 
sons, contrary to the true intent and meaning 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. 

Sec. 4. Be it further enacted^ That said town of 
Middleborough shall, at the annual meeting in the. 
month of March or April in each year, choose four or 
Gommittee to morc persous, being freeholders in said town, whose 
nuaUy"^"' """ duty it 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 tlie faithful dis- 
charge of his duty : And if any person so chosen shall 
Mnes for ncg-iefuse to serve, he shall forfeit and pay, to the use of 
lectofciuiy. g,^j^| ^qwu of Middleborough, the sum of five dollars, 
to be sued for and recovered by the town Clerk of 
said town ; and said town shall immediately proceed 
to a new choice. 

Sec. 5. Be it further enacted, That all laws here- 
tofore made for the regulation of the Fishery in the 
said town of Middleborough be, and the same hereby 
Act rci.eaicd. are repealed : Provided, nevertheless, that an act j)ass- 
ed on the sixth day of March, in the year of our Lord 
one thousand eight hundred and two, for the preserv- 
ation and regulating the taking of fish called Alewives, 
in the brook running from the west Quiticus pond, to 
Exctptior. the east Q^uiticus pond, shall be and remain in full 
force ; any thing in this act to the contrary notwith- 
standing. 

Sec, 6. Be it further enacted, That any Justice 
of the Peace for the county of Plymouth shall be deem- 
.Tusticemaytiyed and Considered competent to try any action, com- 
acuwis. plaint, or suit, prosecuted under this act, notwithstand- 

ing said Justice may be an inhabitant of the said town 
of Middleborou£:h. 

[Approved by the Governor, February l^*; 1816.] 



BREWER.--S. M. TURN. COR. Feh. i% 1816, m 



CHAP. CXII. 

An Act in addition to an act, entitled '' An act to es- 
tablish a town by the name of Brewer.*' 

JjE it enacted hy the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That the boundaries of the 
town of Brewer shall be, and the same are hereby de- 
clared to be so far altered, as that the division line be- 
tween the towns of Brewer and Orrington shall here- 
after be established and known as follows, viz : — A 
yellow birch tree marked, being the northeast corner Boumiaiies at- 
bound of lot number twenty-six, in the Bevel, so call- ^'^"'^• 
ed, where the same intersects the southerly line of lot 
number ninety-four, in the second division, shall be a 
fixed boundary ; thence westerly, on the divi&ion line, 
between the south lots of the first and second divisions, 
and the Bevel, so called, to the head of the front lots ; 
thence by the head of the front lots, to the north line 
of the lot of the Widow Priscilla Brastow ; thence by 
the northerly line of said lot to Penobscot river ; any 
thing contained in the act, to which this is an addition 
notwithstanding. 

[Approved by the Grovernor, February i% 1816.] 



CHAP. cxni. 

An Act in further addition to an act, entitled " An 
act for establishing a Corporation by the name of 
the Sixth Massachusetts Turnpike Corporation." 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the Sixth Massachu- 
setts Turnpike Corporation be, and they hereby areMayremovt 
authorized and ejinpowered to remove the gate now^"*^*^ 
standing on said road in Rutland, to any place on said 
road which they may elect between the house of Levi 
19 



114 



INSP. OF BUTTER & LARD. Feh. 14, 1816. 



Krauso. 



Baitlett, iu Rutland and the Warner road, so called, in 
Holden. 

Sec. 2. Be it further enacted, That the said Cor- 
poration be, and they hereby are authorized and em- 
powered to remove the gate now standing on said road 
in Holden, to any place on said road which they may 
elect iu Shrewsbury ; provided that 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 
AV ore ester and Shrewsbury. 

[Approved by the Governor, February I'i, 1816.] 



CHAP. CIY. 



Adi1)uor.al 



An Act in addition to the several acts now in force to 
regulate the Inspection of Butter and Lard to be 
exported. 

Sec. 1. JriF it enacted hy the Senate and House of 
Hepr^sentatives, in General Court assembled^ and by 
the authority of the samp^ That from and after the pass- 
ing of this act. every lirldn of Butter or Lard, inspec- 
ted and branded by the Lispector General of Butter 
and Lard, or his Deputy, or either of them, shall, on so 
being inspected, be further branded with the month 
and year in which the same has ])een, or may here- 
after be. so inspected, in legible letters and iigures. 

Sec. 3. Be it further enacted. That the Inspector 
General, or his Deputy, or either of them, may, when 
May abrcTiau the mouth iu wliicli any Butter or Lard shall be in- 
"^ ■ spected, shall consist of more than one syllable, so 

abreviate the name of the month, as conveniently to 
brand the same on the head of each firkin, by him 
or them inspected. 

Sec. 3. Be it further enacted, That one cent for 
each fakin of Butter or Lard, so branded by virtue of 
this act, shall be further paid to the Inspector or De- 
Addiuomd fec.puty luspector. who shall so brand the same, in ad- 
dition to the fees already by law established. 

Sec. 4. Be it further enacted. That if any Inspec- 
tor or Deputy Inspector shall neglect or refuse to brand 



MIN. LAND IN BALDWIN. Feb. ±5, 1816. 145 

any Butter or Lard, to be exported, agreeably to this 
act, the person or persons, so offending, shall be sub- 
ject and liable to the same penalties and forfeitures as 
are recoverable by the several acts to which this act is r'f:":'itic=^ 
in addition : Provided, that nothing in this act con- 
tained shfill be holden to extend to any Butter or Lard 
which, before the passing of this act, may have been 
duly inspected and branded. 

[Approved by the Governor, February 14, 1816.] 



CHAP. CXV. 

An Act authorizing the sale of Ministerial Land in 

Baldwin. 

Sec. 1. OE if enacted ly the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Josiah Pierce, Wil- 
liam Fitch, Joseph Richardson, Ephraiui Brown, 
David Potter, Sylvanus Batchelor, and Ephraira Flint, 
be, and they hereby are appointed Trustees, and are Tmstors incor 
incorporated into a body politic, by the name of the ^'°^'^^' 
Trustees of the Ministerial Fund, in the town of Bald- 
Win ; and they and their successors shall be and con- 
tinue a body politic and corp(»rate forever ; and they 
may sue and be sued in all actions real, personal and. 
mixed, and may prosecute and defend the same to 
final judgment and execution by the name aforesaid. 

Sec. 2. He it further enacted, That the said Trus- 
tees and their successors shall and may, annually elect '']'^cers to iti 
a President and a Clerk to record the doings of the"^'"*^"' 
Trustees at their annual meetings, and a Treasurer to 
receive and apply the monies hereinafter mentioned, as 
is by this act directed. 

Sec. 3. Be it further enacted, That the number of 
Trustees shall not, at any one time, be more than seven 
nor less than five, any four of whom shall constitute ax.imber or 
Quorum for transacting business ; and they shall and '^'"*'^'^^'' 
may, from time to time, fill up vacancies in their num- 
ber, which m.iy happen by death, resignation or other- 
wise, from the inhabitants of said town^ and shall also 



146 MIN. LAND IN BALDWIN. feL 15, 1816„ 

have power to remove any of their number who may 
become unfit and incapable, from age, infirmity, miscon- 
duct, or any other cause, of discharging their duty, and 
to supply a vacancy so made by a choice from the in- 
habitants of the town aforesaid ; and said Trustees shall 
Meetii.g called, annually hold a meeting in March or April, and as 
much oftener as may be found necessary, to transact 
their necessary business, which meetings after the first 
shall be called in such way and manner as said Trus- 
tees shall hereafter direct. 

Sec. 4. Be it further enacted^ That said Trustees 
be, and they are hereby authorized to sell and convey 
in fee simple, all the lands reserved for the use of the 
Ministry belonging to said town of Baldwin, and to 
suy seu lands, inakc, cxccutc and acknowledge a good and sufiRcieut 
deed or deeds thereof, which deed or deeds subscribed 
by the name of their Treasurer, by the direction of 
said Trustees, with their seal thereunto affixed, shall 
be good and sufficient in law to pass and convey the 
fee simple from said town to the purchasers, to all in- 
tents and purposes whatsoever. 

Sec. 5. Be it further enacted^ That the monies a- 
rising fvom the sale of said lands, shall be put at in- 
terest as soon as may be, and secured by mortgage of 
Management of real cstatc to the full valuc of the estate sold, or by 
money. ^^^^^ ^^ movQ sufficicut surctics with the principal, unless 

said Trustees shall think fit to invest the same in 
Bank Stock of this Commonwealth, or of the funded 
Stock of the United States, which they may do. 

Sec. 6. Be it further enacted, That the Trustees 
shall annually apply the interest arising from the funds 
aforesaid, to the support of the Gospel Ministry in 
said town, in such way and manner as the inhabitants 
Support of thereof in legal town meeting shall direct ; and if the 
Miiastiy. inhabitants of said town shall at any time neglect for 
the space of one year to appropriate the interest arising 
from tlie fund aforesaid, as before directed, then in that 
case the interest so arising shall be added to the ori- 
ginal fund and shall make a part of the same ; and it 
never shall be in the power of the said town to alienate 
or in any wise alter said fund or make any appropri- 
ation of the interest arising therefrom for any other 



TOWN OF SOUTHBRIDGE. Feb. 15, I8I6. 14^7 

purpose than for the support of the Gospel Ministry in 
said town. 

Sec. 7. Be^ it further enacted, That the Clerk of 
said Corporation shall^ previous to his entering on the 
duties of his office, be sworn faithfully to perform the 
same, and the Treasurer of said Trustees shall give cierk give 
bond to the said town of Baldwin, in the penal sum of ^'^"^^ 
two thousand dollars, conditioned for the faithful per- 
formance of the duties of said office, according to the 
true intent and meaning of this act. 

Sec. 8. Be it farther enacted, That the Trustees 
or their officers for any service they may perform, shall 
be entitled to no compensation out of any money arising Compensafion. 
from the aforesaid fund, but if entitled to any, they 
shall have and receive the same of said towii as shall 
be mutually agreed on. 

Sec. 9. Be it further enacted, That said Trustees 
and their successors, shall exhibit to the town at their 
annual meeting in March or April, a regular and fair Report of do 
statement of their doings ; and said Trustees, for their "'°'' 
personal negligence or misconduct, whether they be 
officers or not, shall be responsible to the town and 
liable to prosecution for any loss or damage resulting 
thereby to the funds, and the debt or damage, recovered 
in such suit, shall be to the use and addition of said 
fund. 

Sec. 10. Be it further enacted, That any Justice of 
the Peace within and for the county of Cumberland be, First meeting. 
and he hereby is authorized to fix the time and place 
for holding the first meeting of said Trustees, and to 
notify each Trustee thereof. 

[Approved by the Governor, February 15, 1816.] 



CHAP. CXVI. 

An Act to incorporate the town of Southbridge. 

Sec. 1. JjE it enacted hy the Senate and House of 
Bepresentatives in General Court assembled, and hy 
the auikority of the same, That all the parts of the 
towns of Sturbvi(lg6, Charlton and Dudley, as con- 



i4id TOWN OF SOUTHBRIDGE. Feb. 15, 1816, 

tained and described within the following boundaries, 
be, and the same is hereby established as a separate 
town, by the name of Southbridge, viz. beginning at the 
Boundaiks. south-cast corncr, being a heap of stones on Connec- 
ticut 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 
north-east 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 Ammidon'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 Ammi- 
don's north-east corner ; thence w est, eleven degrees 
south, fifty-one rods to Eliakim Chamberlain's south- 
west corner ; thence north one de2;ree west, one hun- 
dred and three rods to a north-west corner of Eliakim 
Chamberlain's land ; thence east nine and an half de- 
grees north, forty rods ; thence east eighteen degrees 
north, twenty-seven and an half rods to a south-east 
corner of said Ammidon's land ; thence north two and 
an half degrees east, fifty-eight rods to another north- 
cast corner of Luther Ammidon's land ; thence west, 
eleven degrees south, thirty-two and an half rods to an- 
other south-west corner of said Chamberlain's land 5 
thence north, twenty three and an half degrees east, 
thirty-four and an half rods to a stake and stones 5 
thence north thirty degrees cast, fifteen rods to a stake 
and stones ; thence Avest twelve degrees nortli, thirty 
rods to a poplar staddle on Calvin Ammidon's east 
line ; thence north one and an half degrees west on said 
Calvin Animidon^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 
Hoyal Ellis's south-east corner; thence west eleven 
and an half degrees south, forty-one rods to said Ellis's 
south-west corner ; thence west thirty-one and an half 
degrees north, five hundred and eighty-eight rods to 
the south-west corner of Benjamin Doughty, jun's farm; 
thence west fiftorn and an half decrees south, eighty- 



TOWN OF SOUTHBRIDGE. Feb, id, 1815. 140 

four rods to a stake and stones on Sturbridge east line; 
thence southerly on said line, one hundred and eighty- 
three rods to the south-east corner of Henry Fiske's 
land ; thence west forty and one quarter degrees south, 
three hundred rods to the north-west corner of Captain 
Jacob Endicot's farm ; thence south thirteen and an half 
degrees west, in his west line, one hurdred 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 stake and stones on the north side of the 
river; thence south twenty- six degrees west, three hun- 
dred and twelve rods to a stake and stones ; thence 
south, thirty-eight degrees west, seven hundred and 
eiglity rods to a stake and stones on Connecticut line ; 
thence easterly on the north line of Woodstock, in Con- 
necticut, about seventeen hundred rods, to the corner 
first mentioned, or described ; containing twelve thou- 
sand four hundred and two and a half acres, including 
all the inhabitants within the above described 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. 

Sec. 2. Be it farther enacted^ That the inhabitants 
and proprietors of land, in tiie said town of Southbridge, 
shall be holden to pay their proportion of all taxes al- Taxes paid up 
ready voted to be raised, and shall have been assessed 
at the time of passing this act, by the towns of Stur- 
bridge, Charlton and Dudley, and also to pay their pro- 
portion of all public debts due and owing by the said 
towns of Sturbridge, Charlton and Dudley, at the time 
of passing this act. 

Sec. 3. Be it further enacted, That said town of 
Southbridge shall be entitled to demand and receive of 
the said towns of Sturbridge, Charlton and Dudley, its puLIIc arms, 
proportion of all the town's public stock of arms, am- 
munition, legacies and bequests, or any other town pro- 
perty whatsoever, the said towns of Southbridge, Charl- 
ton and Dudley were possessed of, or entitled to, at 
the time of passing this act. vSaid town of Southbridge 
is also to be entitled to the benefit of a certain bond 
2;iven by Jedediah 3Iarcy, deceased, to the inhabitants 



150 KENN. BRIDGE LOTTERY. Feh, 15, 18i6. 

of the town of Charltou, for the purpose of supporting 
the Marcy bridge, (so called) within said town of 
Southbridge, for a certain time in said bond expressed. 
Sec. 4. Be it further enacted^ That the inhabitants 
of the said town of Southbridge shall support and main- 
To^vn poor, taiu all sucli pcrsous, as heretofore have been, now are, 
or hereafter may be. inhabitants of those parts of Stur- 
bridgc, Cliarlton and Dudley, hereby incorporated, and 
are or may become chargeable, according to the laws 
of this Commonwealth, and who have not obtained a 
settlement elsewhere therein. 

Sec. 5. Be it further enacted. That any Justice of 
the Peace for the county of Worcester, is hereby au- 
thorized to issue his warrant, directed to a freeholder 
Justice to issue of Said towu of Southbridgc, requiring him to notify 
^airatit. ^^^ wam 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. 

[Approved by the Governor, February 15, 1816.] 



CHAP. CXVII. 

An Act authorizing a Lottery for the purpose of re-, 
building Kennebeck Bridge. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives in General Court assemhled, and by 
the authority of the same, That the sum of twelve thou- 
sand dollars be raised by Lottery for tlie purpose of re- 
Siiia raiseti. buildiug the Bridge over Kennebeck river, at Augusta ; 
and that the proprietors 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 sucli scheme, or 
Managers ap- schcmes, as sliall iu tlieir opinion best promote the 
^■""'^'*" purposes of said Lottery, to draw the same, and to 
transact all other business pertaining thereto. 

Sec. S. Be it further enacted. That the managers 
appointed, before they enter on the duties of their said 



KENN. BRIDGE LOTTERY. Feb. 15, 1816. I5;t 

office, shall 2;ive sseparate bonds, with sufficient sureties, 
to the proprietors of said Bridi^e, each one in his pro- 
portional ^uni of twelve thousand dollars, and each one 
to be a!)s\verable for his own defiuilt, and to be sworn 
for the faithful performance of said trust. 

Sue. 3. Be it further enacted^ That the prizes which 
may be draw n in said Lottery, shall l)e paid by the 
managers, in tliirty days next after the drawing of each 
class of said Lottery shall be completed ; those prizes I'Hzestb tee 
not demanded within one year after the publication of ^''"'^ 
the drawing of said Lottery, shall not be recoverable. 
And the managers shall, from time to time, as the clas- 
ses shall be cb'awu, pay to the siiperintendant, or the 
treasurer, for the time being of said proprietors, the net 
proceeds thereof, after deducting the compensation that 
the said proprietors shall allow them for their services ; 
•which net proceeds shall be faithfully applied for the 
pitrpcse of rebuilding the said Bridge : And the pro- 
prietors of the said Bridge shall give bond with suffi- 
cient sureties, in such sum as the Governor, with ad- 
vice of Council, shall direct, to this Commonwealth ; 
conditioned that the net proceeds of said Lottery shall 
be faithfully applied for the purpose of rebuilding said 
Bridge, and also that the siiid Bridge shall be erected 
and completed within the term of four y^ars, from and 
after the passing of this act. 

8r.c. 4. 3p, it further pvacftch That said Managers 
shall publish the scheme or schemes of the said Lottery 
in one or more of the pulilic newspapers printed in this 
Co^^mon^ve^^lth, the time and place of drawing the 
same, and also lists of all prizes which may be drawn "^"'y ofmana^ 
therein. They shall also, after the business of said^^'^'*' 
Lottery shall be completed, exhibit an account of their 
doings therein, with the amount of tickets sold in each 
class, and the expense and net proceeds thereof, before 
the Governor and Council for their examintion and ap- 
probation : and they shall be severally held by their 
said bonds until their said accounts shall be so exami. 
ned and approved. 

Sec. Li. Be it further enacted, That said mana- 
gers shall refund all monies by them severally received Money to be 
for tickets ; iirovided any class in the said Lottery shali^""''"'**'^^" 

SO 



153 CHELSEA MILLS. Feh. id, i8t6. 

not be drawn within six months next after the time ap- 
Pi-oviso. pointed and advertised for that purpose. 

S{;c. 6. Be it furtlipr enacted f /F\mt ih'is act shall 
continue in force for the term of four years from and 
after the passing of the same, and no longer. 

[Approved by the Governor, February 15, 1816.] 



CHAP. CXVIIL 

An Act to authorize the toAvn of Chelsea to erect cer- 
tain Mills therein. 



Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the inhabitants of the 
town of Chelsea be, and they are hereby authorized and 
Powers grant- empowered to build a Dam across a creek or river in 
said town, called Mill river, at or near the Poor-house 
in said town, and to erect and build suitable Grist Mills 
thereon, and to sell and lease the same Mills for such 
consideration, and on such conditions as they think 
proper. 

Sec. 2. Be it further enacted, That the inhabitants 
of said town be, and they are hereby authorized to raise 
such a sum of money, as, at any town meeting, legally 
warned for this purpose, shall be voted to be raised 
.Atfeesiinent to for the purposc of buildiug said Dam and Mills, and 
be made. ^^^ ^1^^ payment of all damages which ma^^ be sustain- 
ed by reason ol 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 tke same: and the said town, 
and all town officers, may proceed therein in all re- 
spects, as in the assessment and collection of other town 
Proviso, taxes : Provided always, Tiiat the inhabitants of said 
town sliall be holden to indemnify all individuals ha- 
ving a right by prescription, or otherwise, to erect a 
Mill on said river, for such damage as they may sus- 
tain by reason of the erection of the Dam aforesaid. 

[Approved by the Governor, February 15, 1816.] 



TAUNTON G. R. FISHERY. Feb. i5, 1816. 158 

CHxVP. CXIX. 

An Act to regulate the Fishery in Taunton Great River. 

Sec. 1. IjE it enacted by the Senate and House of 
JRepresentatives in General Court assembled, and by 
the authority of the same. That from, and after the 
twentieth day of March next, it shall not be lawful for 
any person or persons (except as is hereinafter provi- 
ded) to catch Ale wives, or any other fish with seines 
or nets in Taunton great river ; Provided, That it 
shall nnd may be lawful, for the inhabitants of the se- q^^^^, j.^^^. 
veral towns situated on said river, to catch Alewives '"tio»s. 
and other fish within the bounds of their ow^n 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 sue 
ceeding Thursday in each week ; and provided that 
the towns of Dighton and Wellington shall draw or 
sweep with two seines or nets only ; the town of Berk- 
ley shall draw or sw eep with two seines or nets only ; 
the town of Taunton shall draw or sweep with tiiree 
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 permitted at any time to set any 
seine or net across sifeid 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 tw^enty rods in 
length ; Provided also, that each of said towns shall atp , 
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 year, and so from year to year, the sole 
privilege of catching Alewives, or other fish with seines 
xn' 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 suificient security for 



lai TAUNTON G. li. FISIIEHY. Feb, 15, 1816. 

payment at such time and in sneli manner as the res- 
pective towns shall order such person or persons, so 
purchasing the privilei^e, to have right to tish, and no 
other person whatever. 

Sec. 3. Be it furthpr enacted, That if any person 
or persons shall draw any seine or net on any day or 
time other than those hefore mentioned, or at any place 
other than those established by the town, as aforesaid, 
I'e'naiHes. oi' 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 iifty dollars for each and every such oifence, to be 
recovered by indictment or informati(»n, or by action 
of debt, in any court proper to try the snme ; the one 
lialf thereof to the use of the poor of the tciwn M'here 
the oftence shall be committed, and the other half to 
him or them who shall prosecute or sue for the same. 
Sec. 3. Be it further enacted, 'I'hat if any person 
or persons ^]mW be found sweeping with any seine or 
net, or if any seine or net shall be used by any person 
May seize iiets. 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 
tlieir own use, and if prosecuted therefor, to plead the 
general issue, and give this act in evidence as though 
the same was specially pleaded. 

Sec. 4. Be it further enacted, That the several 
toAvns aforesaid, shall at their annual meetings in the 
month of March or April in each year, choose three or 
more persons being freeholders in their respective 
Committee to towus, whosc duty shall he to see that this act be duly 
bechoseu. ohscrvcd, and to prosecute for all breaches thereof; 
and each person so chosen shall be sworn to the faith- 
ful 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 neces- 
sary services in discharge of their duty under this act. 
Eincs. And if any person so chosen shall refuse to serve, he 
shall forfeit and pay to the use of the town to which he 
belongs, the sum of ten dollars, to be sued for and re- 
covered by the Tow n Clerk ; and the said town shall 
immediately proceed to a new choice. 

^EC. 5. Be it further enacted. That if any persou 



DAMMASCOTTA FISHERY. Feb. 19, 1816. 155 

or persons convict of any of the offences aforesaid by 
iritlictment or iuformation, shall fail to pay the costs, 
or any part thereof, of the process on which he or they Ryimburser 
shall he convicted, so that the county in which the'"" 
conviction takes place shall be char2;eable with such 
costs, the several towns aforesaid shall reimburse to 
the said county the same costs in the following propor- 
tions, 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 
partj thereof, to be apportioned and charged by the 
County Treasurer to the said towns res])ectively, and 
to be assessed by the Assessors of the said town with 
other town charges. 

Sec. <i. Be it furtJipr enacted, That all laws here- 
tofore made for the regulation of the Fishery in Taun- 
ton great river, be, and the same are hereby repealed. 

[Approved by the Governor, February 15, 1816.] 

CHAP. CXX. 

An Act to regulate the Fishery in Dararaascotta river. 

Sec. 1 ^\i it enacted by the Senate and House qf f»terdicUo».. 
Jiejyreaevtatives in General Court assembled, and by 
the authority of the same, That, from and after the 
passing of this act, it shall not be lawful for any per- 
son to take Salmon, Shad or Alewives in any part of 
Dammascotta river, above the toll bridge, across said ri- 
ver, with seines, drag nets, or other long nets, between 
the first day of May and the first day of July annually, tiol^*^ ^ 

Sec. 2. Be it further enacted, That, from and af- 
ter the passing of this act, it shall not be lawful for any 
person to obstruct the passing offish up the said river, by 
hauling timber into said river, at the lower end of the 
fish-ways, at the mouth of the new river, or by rafting 
lumber, or with boats or scows, or by any other ob- 
structions. 

Sec. 3. Be it further enacted, That each and every 
person who may be convicted of any offence against Fint-s. 
this act, before any Justice of the Peace, shall, for each 
and every offence^ forfeit and pay a fine of five dollars, 



156 PENOBSCOT COUNTY. teb. 15, 1816. 

to be recovered by an action of debt, in any Court 
proper to try the same. 

[Approved by the Governor, Februaiy 15, 1816.] 



CHAP. CXXI. 

An Act for dividing the county of Hancock, and es- 
tablishing a new county, by the name of Penobscot. 

Sec. 1. JBE it enacted hy the Senate and House 
of Representatives in General Court asscmhled, and hy 
B 1 vc the authority of the same, That all that territory in the 
county of Hancock, which lies north of tho Waldo Pa- 
tent, on the west side of Penobscot river, and north and 
west of the following lines on the east side of said ri- 
ver : Beginning at said river, at the south line of Or- 
rington, thence running easterly, on the southerly lines 
of Orrington, Brewer, and the Gore east of Brewer, to 
the west line of the Bingham purchase ; thence north- 
erly by said Bingham purchase, to the northwest cor- 
ner thereof ; thence easterly on the north line of said 
Bingham purchase, to the county of Washington, be, 
and hereby is constituted a new County, by the name 
of Penobscot, whereof Bangor shall be the shire 
town, until otherwise ordered by the General Court : 
And the inhabitants of said county of Penobscot shall 
have and possess, use and enjoy all the powers, rights 
and immunities, which by the Constitution and Laws of 
this Commonwealth, any other inhabitants are enti- 
tled to. 

Sec. 3. Be it further enacted, That there shall be 
held and kept within the said county of Penobscot, at 
Bangor, a Circuit Court of Common Pleas, on the se- 
cond Tuesday of July, and the first Tuesday of Janu- 
ary, yearly, and every year, by the Justices of the Cir- 
cuit Court of Common Pleas, for the third Eastern Cir- 
cuit, until otherwise ordered, who shall have, hold, and 
enjoy all the powers which are by law given and grant- 
ed to the Justices of any similar Courts in this Com- 
monwealth : And all appeals from any judgment or 
judgments, given at any Circuit Court of Common 



Courts. 



PENOBSCOT COUNTY. Feb. 15, 1816. 157 

Pleas within said county of Penobscot, shall be heard 
and tried in the Supreme Judicial Court, holden at 
Castine, within the county of Hancock. 

Sec. 3. Be ifjiirther enacted^ That the jurisdiction 
of the county of Hancock, in all civil and criminal mat- comty Comt, 
ters, and the power and duty of its civil officers and 
magistrates shall continue until the first day of April 
next through the county of Penobscot, in the same way 
and manner as though this act had not passed; and all piobate Court, 
proceedings in the Probate Court, for the county of 
Hancock, which may be peudini?; at the passing of this 
act, and all processes commenced, prior to the first day 
of April aforesaid, shall be finally decided upon in 
said Probate Courts, for the county of Hancock. 

Sec. 4. Be it further enacted^ That all actions, 
suits, matters and things of every kind, commenced for, Transfer ef 
or pending in the Circuit Court of Common Pleas, Iqs^i^'^c. 
the county of Hancock, after the first day of April next, 
when any question of real estate is to be tried, that is 
situated in the county of Penobscot, or where the origi- 
nal plantiffor plantiffs, petitioner or petitioners, one or 
more of them, lives or resides in said county of Penol)- 
scot, may be, and all indictments for oifences commit- 
ted in said county of Penobscot, and all criminal prose- 
cutions of every kind, with all recognizances, seirefii- 
cias and suits, where the Commonwealth are a party, 
and the adverse party live or reside in the said county 
of Penobscot, shall be transferred and removed, to be 
heard, tried and have day, entered and proceeded upon, 
in the said Circuit Court of Common Pleas, to be holden 
in said county of Penobscot, herein by law established; 
and all papers and documents, belonging to such ac- 
tions, suits, indictments and criminal prosecutions, filed 
in the office of the Clerk for the county of Hancock, 
shall be by said Clerk delivered over to the Clerk, 
who shall be appointed for the county of Penobscot. 

Sec. 5. Be it further enacted^ That the several 
towns, districts and plantations, in the said county of ceunty tuxes. 
Penobscot, shall be holden to pay all county taxes 
which have been assessed, or which may be granted 
and assessed for the county of Hancock, for the current 
year, to the Treasurer of said county of Hancock, in 
the same way and manner, as they have been holden 



153 PENOBSCOT RIVER. Feb, IJ, 181(5. 

to pav. prior to the pa-s-rins of this act : and the power 
ami duty of the proper officers of ilje county of H:in- 
eock. for the as^es-iiueui antl collection of county taxe?, 
shall extend to all the town?;, di-tricts and plantaiion^ 
in the county of Penobscot, so f:»r a« shall be necessary 
for completir.s; such ci llections : and after the payment 
of the debts clue from said couuiy on the first day of A- 
pril next, all money ;ind credits of said county of Han- 
cock shall be divided between the counties, in a just 
and equitable manner, and the adjtisrment and settle- 
ment thereof shall be made within one year from the 
passing; of this act. 

J*FC (i. Bf it furiher enacted. That the methods 
<*^rm a^ and forms of conductins lesal processes of everv kind, 
and for choosing County Treasurer and Register of 
Deed-, and for chnosing persons to serve as jurors, at 
any Courts established by law shall be observed and 
ProTOo. put in practice in the county of Penobscot : — Provided 
hoicerer. that the County Treasurer and Regi>ter of 
Deeds for said county, shall, for the fir<i time, origi- 
nate iu the same manner as is prescribed by law. where 
vacancies happen by death or resignation. 

Sec. 7- Bp. it further enacted^ That for all purpo- 
ses relating to the elections of Senators and Counsel- 
FUititai n^hGL lors. and Representatives to Cojgress. the said county 
of Penobscot shall be consi«lered as a part of the dis- 
trict, to which it belonged pri«»r to the passing of this 
act : and the several towns, districts and plantations, 
and the inhabitants thereof, shall enjoy the same rights, 
pi>wers and privilegps. and be subject to the same du- 
ties and penalties, as if this act bad not pas-ed. 

Sec. 8. Be it fur'^ker enacted. That the terras of 
the Circuit Court of Common Pleas, now established 
by law, to be held at Castine. in and for the county of 
Hanc »ck. be, and they are hereby established as the 
only terms in the county of Hancock, until they shall 
be otherwise fixed bylaw. 

Sec. 9. Be it further enacted. That all officers with- 
in the count V of Penobscot, bavins anthoritv to com- 
mit prisoners to goal, shall be authorized for the term 
'^^ of three ye.irs. to commit their prisoners to the jail in 
the county of Ha'icock. and the keeper of the jail in 
the said countv of Haacock is herebv authorized and 



PERSONS' NA]MES CHANGED. Feb. io, 1816. 150 

required to receive and detain such prisoners : Provi- 
ded, nevertheless, that no expense or damage shall ac- 
crue therefrom to the county of Hancock. 

[Approved by the Governor, February 15, 1816.] 



CHAP. cxxn. 

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

OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, Isaiah Atkins of Boston, in the 
county of Suffolk, gentleman, shall be allowed to take 
the name of Isaiah Strong Atkins ; that John S. Carter 
of the same Boston, meichant. shall be allowed to take 
the name of John Sigouruey Carter; that Samuel Da- 
vis of Boston aforesaid, son of Rufus Davis of Quincv, 
in the county of Norfolk, shall be allowed to take thepersms chaag- 
uame of Samuel S. Davis : that George Foster, -on of^'^=^^°^^2^- 
Samuel Foster of said Boston, merchant, shall be al- 
lowed to take the name of George 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 allowed 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 Boston aforesaid, shall he allowed to take 
the name of Ebenezer Wells : that Thomas Rice of 
the same Boston, merchant, sou of the Rev. Asaph 
Rice of Westminster, in the county of Worcester, shall 
be allowed to take the name of Thomas Kiusey Rice : 
that Thomas Smith, a minor, and son of William Smith, 
Esq. of Boston aforesaid, shall be allowed to take the 
51 



iGO PERSONS' NAMES CHANGED. Feb, 15, 1816. 

iiame of Thomas Carter Smith ; that Sally Shannon 
Croocllme, daughter of Samuel Groodhue, of Newbury- 
port, in the county of Essex, shall be allowed to take the 
name of Susan Adams Groodhue ; that Henry Small of 
the same Newburyport, gentleman, shall be allowed to 
take the name of Henry Small Ellenwood ; that Jacob 
Jewett, jun. of Rowley, in said county of Essex, shall 
be allowed to take the name of Jacob Clark Jewett; that 
flarvey Richmond of Worthington, in the county of 
Hampshire, shall be allowed to take the name of Har- 
vey Metcalf ; that Job Kittridge of Hinsdale, in the 
county of Berkshire, shall be allowed to take the name 
of William Kittridge; that Isaiah Atkins of Roxbury, 
in the county of Norfolk, gentleman, son of Samuel At- 
kins of Truro, in the county of Barnstable, shall be al- 
lowed to take the name of Isaiah Malcomb Atkins; 
that John Batista, of Cohasset in said county of Nor- 
folk, mariner, shall be allowed to take the name of 
John Barker ; that Robert Dunlap, 2d of Brunswiekj, 
in the county of Cumberland, shall be allowed to take, 
the name of Robert Pinckney Dunlap; that Jesse Bar- 
vows 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 Bar- 
rows ; that David Fales, 3d, of Thomaston, 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 tlie 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 here- 
after be considered as their only proper and legal 
names, to all intents and purposes. 

[Approved by the Grovevnor; February 15, 1816,] 



0. OF TAXES,~-D. C. MAE, Feh 15, 1816, 101 

CHAP. CXXIII. 

An Act authorizing the Treasurer of this Common^ 
wealth to enforce the collection of Taxes in certain 
cases, within the counties of Oxford, Somerset; Han^ 
cock and Washington. 

X>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the Treasurer of this 
Commonwealth be, and he hereby is directed to issue 
his warrants to the Sheriffs of the counties of Oxford, 
Somerset, Hancock and Washington, requiring them 
to collect within their own counties the sums which by .^'^'^'^^"^ t<"^'-' 

issued. 

the several tax acts, for the years one thousand eight 
iiundred and twelve, one thousand eight hundred and 
thirteen, one thousand eiglit hundred and fourteen, and 
one thousand eight hundred and fifteen, were assessed 
on the several townships, or otlier tracts of unimproved 
land, lying within their respective counties — but upon 
all which townships, or other tracts of unimproved, 
land, there was not at the settlement of the last valua- 
tion, any person residing thereon, or Assessors chosen, 
to whom said Treasurer could issue his warrants for 
the assessing and collection thereof; all which sums, 
are to be collected in the same manner, as Collectors 
or Constables are authorized and directed to proceed, 
in the collecting of taxes, laid on non- resident propri- 
etors of unimproved lands, and to be paid into the trea- 
sury of this Commonwealth, on or before the first day 
of September next. 

[Approved by the Governor, February 15, 1816.] 



CHAP. CXXIV. 

An Act to alter the number of Members composing 
Division Courts Martial. 

Sec. 1. JjE it enacted by the Senate and House of 
llepresentatines, in General Court assembled, and by 
the authority of the same, That every Division Courl 



16$ COMMONWEALTH DIVISION. U'eft. 15, 1816. 

Martial wbich may hereafter be ordered in this Com- 
monwealth, shall be formed of a President and six 
Limitation of Members, instead of twelve, as was heretofore provi- 
ded for by law, to be appointed and detailed as direct- 
ed in an act, entitled " An act for governing and train- 
ing; the Militia of this Commonwealth," passed on the 
sixth day of March, in the year of our Lord one thou- 
sand eight hundred and ten ; and the Supernumeraries 
detailed for any Division Court Martial, shall not ex- 
ceed three in number, any law or usage to the contrary 
notwithstanding. 

[Approved by the Governor^ February 15, I8I6.3 



CHAP. CXXV. 

An Act in addition to an act, entitled ^^ An act for di- 
viding the Commonwealth into Districts, for the 
choice of Counsellors and Senators." 

Sec. 1. JjE it enacted hy the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That from and after the 
Desi^ation ofpassiug of tliis act, the counties of Hampshire, Hamp- 
distiicts, ^pj^^ ^j^j Franklin, shall form one District, and choose 
four Senators ; the counties of Barnstable, Dukes 
County, and Nantucket, shall form one District, and 
choose one Senator. 

Sec. 2. Be it further enacted, That so much of an 
act passed the twenty-fourth day of February, in the 
A.ci repealed, year of our Lord one thousand eight hundred and four- 
teen, entitled ^' An act for dividing the Commonwealth 
into Districts, for the choice of Counsellors and Sena- 
tors," as is inconsistent Avith the provisions of this act; 
be and the same is hereby repealed. 

[Approved by the Governor, February 15; 1816.] 



ANNEX.— T. SCHOOLS Fel, 15, 1816. 163 



CHAP. CXXVI. 

An Act to annex Abraham Hilton, and a part of 
his estate to the town of Alna, in the county of 
Lincoln. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court asspmhledy and by 
the authority of the same, That Abraham Hilton with 
his family, together with about twenty acres of land, Estate set off. 
being all that part of his estate which lies in the town 
of Jefferson, in the county of Lincoln, be, and is here- 
by set off from the town of Jefferson aforesaid, and an- 
nexed to the town of Alna, in said county of Lincoln : 
Provided, however, that said Abraham Hilton with Prodis* 
said estate, shall be holden to pay his proportion of all 
taxes already assessed, or ordered to be assessed by 
gaid town of Jefferson, prior to the passing of this act. 

[Approved by the Governor, February 15, 1816.] 



CHAP. CXXVIL 

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

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same. That Benjamin Abbot, John 
Drury, Joel Robert, Moses Perry, and Nathaniel K. P^^^j>n^« ^^<>^' 
"Whittemore, be, and they are hereby made a Corpora-^ ^^^ 
tion, by the name of the Trustees of the Temple School 
Fund ; and in that capacity the said Trustees shall have 
power, according to their best discretion, to sell the pub- 
lic lot of land, in the said town, which in the original Powers. 
grant thereof, was reserved for the support of Schools 
in the said town, and tbe monies accruing from said sale 
to be put at interest in the manner provided by this 
act; which monies shall constitute a Fund for the sup- 
port of Schools in the said town ; — and the number of 



164 TEMPLE SCHOOLS. Feb. 15, 1816^ 

said Trustees shall never eXoeed seven, nor be less than 
five, any three of whom may be a quorum for doing 
ofRcei-s to be business; and the said Trustees and their successors in 
c losLii. office, shall annually elect by written votes, a Chairman^ 

and also a Clerk to record and certify their doings, and 
a Treasui'er to receive, keep and apply the monies 
belonging to the said School Fund as is herein di- 
rected, and the said Treasurer shall give bond with 
two sufficient bondsmen, for the faithful discharge of 
Mav sac and be bis trust ; and the said Trustees may keep and use 
a common seal, subject to alteration, as they may see 
cause ; and by their corporate name aforesaid, may sue, 
and be sued, in any action, real, personal or mixed, 
and may prosecute and defend tlie same to final judg= 
ment and execution. 

Sec. 2. Be it further enacted, That one of the said 
Trustees shall annually retire, beginning and proceed- 
ing accordingly by seniority of age, and such vacancy 
shall be supplied by election of the freeholders at their 
Vacancies to be annual towu mcctiug for the choice cf town oificers, and 
■"^'' in like manner any vacancy may be supplied whicli 
may happen hj tioacii, resignation, removal, inability, 
infirmity, misconduct, or any other cause, which in the 
judgment of the said freeholders shall be sufficient for 
such removal, and to fill the vacancy thereby occasion- 
ed, and they may also remove any officer or agent by 
them employed, when they may see sufficient cause. 

Sec. 3. Be it further enacted^ That the said Trus- 
tees be, and they are hereby empowered to sell and 
convey the public lot in said town, which in the ori- 
ginal grant thereof, was reserved for the support of 
Schools in the said town of Temple, and to make, ex- 
iniEtees may ccutc, ackuowlcdge and deliver a good and sufficient 
s 11 laud. deed or deeds thereof, which being signed by the Trea- 
surer, and countersigned by the Clerk of the said Cor- 
poration, with their seal affixed, shall be good and ef- 
fectual in law to pass and convey the fee simple from 
ihe said town to the purchaser, and the monies accru- 
ing from the sale of the said School lands, shall be put 
at interest, as soon as may be, and secured by mort- 
gage on real estate to the full value of the property sold, 
or raoney loaned ; or by two or more sureties with the 
principal, unless the said Trustees shall think it more 



TEMPLE SCHOOLS. Feb. 15, 1816. 166 

expedient to invest the same in public funded securi- 
ties, oi' in Bank Stock, at their discretion, and all do- 
nations, grants, bequests or legacies, which may be 
hereafter made and given for the use of Schools in the 
said town of Temple, shall be added to the said Fund, 
and appropriated to the same purpose, in the manner Appropiiatioi* 
and within the restrictions and provisions made in thisLy"^*^''^'*' "^''' 
act, unless otherwise directed by the donor ; and the 
interests and profits only arising from the said Funds, 
shall be used and applied for the benefit of the schools 
in the said town ; and it shall never be in the power 
of the said town to alienate, alter, or vary the appro- 
priation of the said Funds. And the said Trustees, and 
the officers of the said Corporation, for the services 
they may perform, shall receive no compensation out 
of tlie said Funds, intftrests or profits aforesaid ; but a 
reasonable coiupensatiou for such services may be paid 
to them by the said town, as they may see cause. 

Sec. 4. Be it further enacted, That the said Trus- 
tees, and each of tliem, severally, shall be responsible 
to the town for their personal neglect or misconduct, Liability of 
whether they be officers or not, and liable to prosecution ^"^*^'^- 
for any loss or damage to the said Funds arising there- 
by ; and the debt or damage recovered in such suit, 
shall be considered as belonging to the said Fund, and 
applied accordingly ; and at every annual meeting of 
the said town, the said Trustees shall exhibit a true 
and fair statement of their doings and of the condition 
of the said Funds. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace for the county of Kennebeck is hereby em- 
powered, upon application therefor, to issue a warrantjusticc maji - 
directed to one of the Trustees named in this act, re.''^^'^'""^"^'^ 
quiring him to notify and warn the first meeting of said 
Trustees to meet at such convenient time and place, as 
shall be appointed in said warrant, to organize the said' 
Corporation by the election and appointment of its offi- 
cers. 

[Approved by the Governor, February 15, 1816.] 



166 TOWN OF ENFIELD. Feb. 15, 1816. 

CHAP, cxxvin. 

An Act to incorporate the town of Enfield. 

Sec. 1. JjE if enacted by the Senate and House of 
Representatives, in (general Court assembled, and by 
the authority of the same. That all the lands in the 
towns of Greenwich and Belehertown, which are com- 
prised within the limits of the South Parish of the town 
of Greenwich, as they are now settled and established, 
Touii lucoi- according to the provisions of an act, entitled " An 
poraUoa, ^ct to dividc the town of Greenwich into two Parishes, 
and for including the north-east corner of the town of 
Belchertown in the South Parish," passed on the twen- 
ty-first day of June, in the year of our Lord one thou- 
sand seven hundred and eighty, seven ; and an act in 
addition thereto, passed on the twenty-second day of 
February, in the year of our Lord one thousand seven 
hundred and ninety-two ; together with the farm of 
Robert Hathaway in said Greenwich, with all the in- 
habitants dwelling thereon, be, and they hereby are 
incorporated 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 require- 
ments of other towns, within this Commonwealth. 

Sec. 4'. Be it further enacted, That the inhabitants 
of the said town of Enfield shall be holden to pay all 
arrears of taxes, w^hicli have been assessed upon them 
by the towns to whicli they belonged before the pass- 
ing of this act ; and shall also be holden to pay their 
B'^guiatiou ot proportion of all taxes already voted to be raised or 
assessed by said towns of Belchertown and Greenwich ; 
also such proportion of the expense of supporting the 
poor, now supported by the town of Belchertown, as 
the property of the inhabitants by this act set off from 
the said Belchertown. 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 passed ; and the ex- 
pence 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 



MASSACHUSETTS SOCIETY. Feh, 15, 1816. 167 

valuation of estates of the inhabitants of said town of 
Greenwich. 

Sec. 3. Be it further enacted, That of all State and 
County taxes, which, shall, previous to a new valu- 
ation, be required of the said towns of Grreenwich and 
Belchertown, the said town of Etifield shall pay their Tares appor- 
just proportion, according to the last assessment of tax- ^'°"''''' 
es in the said towns respectively. 

Sec. 4. Be it further enacted, That any Justice 
of the Peace for the county of Hamp !.ire be, and he 
is hereby authorized to issue his warrant, directed to 
some principal inhabitant of said town of Enfield, re- 
quiring him to notify the inhabitants thereof, qualified Justice issue 
to vote in town affairs, to meet at such convenient 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 Justice be, and he is hereby authorized and 
empowered to preside at said meeting during the elec- 
tion of a Moderator, and to exercise all the powers, 
and perform all the duties which Town Clerks have 
and perform in the election of a Moderator of town 
meetings. 

[[Approved by the Governor, February 1j, 1816. 3 



CHAP. CXXIX. 

An Act to establish the Massachusetts Society for the 
Encouragement of Manufactures. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That James Richardson, of 
Dedham ; Samuel Crocker, of Taunton ; Francis C. Persons incor- 
Lowell and Charles Davis, of Boston ; Josiah J. Fisk,^"'^^^ ' 
of Wrentham ; Lyman Tiffany, of Med way, and Eli 
Richardson, of Franklin, and those who now are, or 
hereafter 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 en- 
couragement of Manufactures : and by that name may 
22 ' 



168 COLLECTION OF TAXES. i^V&. 15, 1816, 

sue, and be sued, and have and use a common seal, and 
the same to break, alter and renew at pleasure ; and do 

iNfaysueandieand suffer all th!n;;s appertaining to I)odies politic and 

sued. corporate; and may make and execute such bye laws, 

rules and regulations, and elect such officers, as the 
members thereof may judge necessary for its govern- 

Proviso. ment : Provided^ iiuch bye-laws shall not be repugnant 

to the Laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said Corpora- 
tion be, and it is hereby made capable of holding real 

May hold real and pcrsonal estate of any description, and of disposing 
of the same : Provided, the annual income thereof 
shall not exceed the sum of ten thousand dollars. 

Sec. 3. Be it further enacted. That the powers of 
said Corporation be limited to the promotion and en- 
couragement of the manufacture of cotton and wool, by 
collecting and preserving useful books and models of 

^wei-siimited. machinery, and communicating new inventions and im- 
provements in the manufacture of cotton and wool, to 
the manufacturers thereof in this Commonwealth. 

[Approved by the Governor, February 15, 1816.] 



CHAP. cxxx. 

An Act in addition to the several laws now in force, 
providing for the Collection of Taxes. 

^^ JjE ?7 enacted by the Senate and House of 
JRepresentatives in General Court assembled, and by 
the authority of the same, That, from and after the 
passing of this act, it may be lawful for the inhabitants 
of any town within this Commonwealth, at their meet- 
Co^'^ctor ap- ing i,j t]i(> month of March or April, annually, to ap- 
point their Treasurer a Collector of taxes in their said 
towns ; and the Treasurer so appointed, shall be, and 
hereby is empowered to substitute and a])point under 
liim, such number of deputies or assistants, as may be 
necessary ; which deputies or assistants, so appointed, 
shall give bonds for the faithful discharge of their duty, 
»in such sums, and with such sureties, as the Selectmen 
j^of such town shall think proper ; and the said Collec- 



lioiuted. 



COLLECTION OF TAXES. ^ Feb. 15, 1816. 169 

tor and his deputies shall have the same powers as are 
vested by law, in Collectors of taxes chosen by virtue 
of the act now in fm'ce for that purpose. 

Sec. 2. Be it further enacted, That all such inhab- 
itants of the said towns^ who shall voluntarily pay the 
said Collector, or his deputy, within thirty days next af- 
ter the delivery of tlieir tax bills the amount of their re- 
spective taxes, shall be entitled to an abatement of such 
sum, as said town at their annual meetins; may asree ^^'^**"^«"* ®f 
upou, on the amount of their said taxes ; and such in- 
habitants, as shall voluntarily pay their taxes to the 
said Collector or his deputy, within sixty days after the 
delivery of their tax bills, shall be entitled to an abate- 
ment of such sum as may be a2;reed upon as aforesaid, 
on the amount of their said taxes ; and all such in- 
habitants as shall voluntarily pay to the said Collector 
or his deputy, within one hundred and twenty days af- 
ter the delivery of their tax bills, shall be entitled to an 
abatement on the amount of their said taxes, of such 
sum as may be a;^reed upon as aforesaid. 

Sec. 3. He it further enacted, That all such taxes as 
shall not have been paid in a:;reeably to tlie provisions 
of the second section of this act shall and may be col- 
lected by the Collector or his deputy or deputies, agree- 
ably to the act now in force for that purpose, passed 
March sixteenth, in the year of our Lord one thousand 
seven hundred and eighty-six, as also all taxes from 
persons whose credit tliey may consider doubtful at any 
time within the time specified in the aforesaid second 
section. 

SfC. 4. Be it further enacted, That the Assessors of 
any town, which shall, at their annual meeting, regu- powers of As- 
late the collection of their taxes, agreeably to the pro- «^^*«'^ 
visions of this act, shall assess their taxes in due form, 
and deposit the same in the hands of the Treasurer for 
collection, together with a warrant according to law, 
for that purpose, after he sliall have been duly qualiiled, 
together with his deputy or deputies, and at the same 
time, shall post up notifications thereof, together with a 
copy of the second section of this act, in one or more 
public places within said tow n. 

[Approved by the Governor, Fcbruaiy i5, 1816.] 



470 PUBLIC LANDS IN MAINE. Feb. id, 1816. 

CHAP. CXXXL 



An Act for promoting the Sale and Settlement of the 
Public Lands in the District of Maine. 



Sec. 1. jjE it enacted btj the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That there be, and hereby is 
established a Land Office for the management, sale and. 

Appointment of settlement of Land belonging to this Commonwealth in 

^^™'^''*°""' the District of Maine, under the superintendence of 
three Commissioners, who shall, as soon as conveniently 
may be, be appointed by his Excellency the Governor, 
by and with the advice of Council, and upon the death, 
resignation or removal of either of them^ the vacancy, 
thereby occasioned, shall be filled in the same manner. 
Sec. 2. Be it further enacted. That the said Land 
Office shall be kept in Boston, under the direction of 
said Commissioners, who shall be furnished with a 

Office heiJ. suitable office, and a clerk and stationary, at the public 
expense ; and said office shall be kept open at such 
stated hours as said Commissioners shall direct — All 
maps, plans, charts, surveys, records, and other pro- 
perty, belonging to this Commonwealth, now in the 
possession of the Agent for the sale of Eastern Lands, 
shall be delivered to the said Commissioners by the said 
Agent, as soon as they shall have opened their office 
and given notice thereof. 

Sec. 3. Be it further enacted. That said Commis- 
sioners, or a majority of them, shall have the care, su- 
perintendence and management of all the Land lying 
in the District of Maine, belonging to this Common- 

<.eneiaipoAv- Wealth, and shall be and hereby are invested with all 
and singular the powers and authorities which belong 
to the Agent for the sale of Eastern Lands, or to any 
committee of council in virtue of any acts or resolves 
of the Legislature, with power to make and carry into 
effect any contracts, and to execute and deliver any 
deeds or conveyances which the said Agent or any com- 
mittee as aforesaid, might lawfully do in virtue of said 
acts and resolves, in as full and ample manner as if the 



ei'S. 



PUBLIC LANDS IN MAINE. Feb. 15, 1816. I71 

same weie herein specially recited : Said Commission, 
ers slinll also perform such other duties as by this act 
or an\ law or resolve shall from time to lime be com- 
mitted to them 

^F,c. 1. '.e it further enacted. That tiie said Commis- 
sioners, as soon as conveniently may be,shall cause to be 
surv^•yed or otherwise ascertained, the boundaries of the 
lands of this Commonwealth in said district, and shall 
make and adopt all convenient regulations, and takesuncy. 
the best measures for ascertaining as well the quantity 
of said land as tlie general quality of the soil in the 
different sections, and the lakes, rivers, mountains, mi- 
nerals and natural productions ; and they shall cause 
to be surveyed and laid out into townships, each as 
iiearl\ as may be, six miles square, and to be divided 
into lots of one luindred aiM-es. by running parallel lines 
through the same, all such tracts of land as may from 
time to time be desigtiated by any law or resolve of the 
Legislature. 

H; c. 5. Be it farther enacted^ That it shall be the 
duty of said Commissioners to ascertain with all pos- 
sible despatch, such tract or tracts of land as may be 
best adapted to be forthwith laid out into townships, 
and to report tlie same with their opinions thereon, and 
all material information in their power, relative there- 
to, to the Legislature — And they are hereby autlior- 
ized to treat and contract for the laying out, opening 
and completing one or both of tlie roads leading from 
lands near the Penobscot and Kennebec rivers, to the 
northern bounda'^y of said District, which have here- 
tofore been surveyed by order of the Legislature ; 
provided, contracts can be effected for defraying at least 
three fourths of the expense of completing said roads 
by grants of land to the undertakers at a fair valua- yj^^,,, j^^jj , 
tion, or by the proceeds of the sales of public lands 
due or growing due ; they shall also have power to 
contract with the proprietors of lands whose title is 
derived from the Commonwealth, for a commutation 
of any settling duties which they are held to perform 
by the conditions of any grant or obligation, either by 
making roads through their respective lands in such 
directions, and upon such terms as said Commission- 
ers may determine to be conducive to the settlement 



17S PUBLIC LANDS IN MAINE. Feb. id, 1816. 

and best interest of said district, or by a re-convey- 
ance, at a fair valuation, of portions of land originally 
granted ; — which lands, when conveyed, shall be ap- 
propriated for the purpose of making roads, or being 
conveyed to actual settlers, at the discretion of the 
Commissioners aforesaid ', /provided^ that no such con- 
Proviso. tract for a commutation shall be valid until the same 
shall have received the approbation of the Governor and 
Council, or, in the recess of the Council, of the Gov- 
ernor, and a Committee of Council, specially appoint- 
ed for this purpose. 

Sec. 6. Be it further enacted, That in every town- 
ship to be laid out pursuant to this act, the Commission- 
ers shall set apart fifty lots of one hundred acres each 
of average quality and value, no two lots of which shall 
lie contiguous to each other ; which shall be granted 

Landssetrqiait-and couvcycd to the first fifty settlers, in said town- 
ship, upon the payment of five dollars for each lot ; 
jrrovided that application be made to said Commission- 
ers, and a certificate obtained from them, authorizing 
the person applying for the stime, to enter on and im- 
prove the lot applied for : provided also, that every 
person, at the time of receiving such certificate, shall 
give bonds to the satisfaction of said Commissioners, 
with condition that such settler, his heirs, or assigns, 

Gift t(j sellers, shall withiu one year from the date of said bond, build 
a house and barn upon such lot, and within five years 
from the date, clear up and make fit for the purposes 
of agriculture, at least ten acres of such lot ; and upon 
the faithful performance of such condition, such settler, 
his heirs, or assigns, shall be entitled to, and receive 
a deed of the lot described in his certificate, conveying 
to him and them all the right and title of the Common- 
wealth to said lot ; and said Commissioners shall also 

Minister rmd set apart ouc lot of avcragc quality and value, in each 

school lands. towHship, for the use of the first settled minister ; one 
for the use of the ministry, and one for the use of 
schools in said township. 

Sec. 7. J3e it further enacted, That the said Com- 
missioners, after making the aforesaid reservations, 

Maj sell laiidf.Biay, from time to time, and under such regulations as 
they may prescribe, expose and offer for sale, all or 
any part of the residue of the lots surveyed and laid 



PUBLIC LANDS IN MAINE. Fel). 15, 1816. 173 

out as aforesaid, upon such terms and conditions as 
they may deem best : Provided always^ that no ])art 
of said residue shall be sold for less than one dollar Pi-oviso. 
per acre : Provided also, that not more than live hun- 
dred acres shall be sold to any one person or associa- 
tion, m any one toAvnship, without the special order of 
the Legislature. 

Sec. 8. Be it further enacted, That the said Com- 
missioners shall keep books and records of all contracts 
made by them, and of all deeds, grants and proceedings, 
and also a register in which shall be entered the name 
of every person making application for a settler's, lot, 
and of the date of such application, and of the doings Records. 
of said Commissioners thereupon — And at least two of 
said Commissioners shall be inhabitants of the said 
District of Maine, and shall receive applications made 
for settler's lots, and issue certificates for the same, un- 
der such regulations as said Commissioners shall agree 
upon and provide. 

Sec 9. Be it further enacted^ That a Surveyor 
General shall, as soon as conveniently may be appoint- 
ed by his Excellency the Governor, by and with the Duties oS Sju- 
advice of the Council, whose duty it shall be to execute, ^'''y"'' ^c^c^i: 
under the instructions of the said Commissioners, the 
duties enjoined by this act, and to do and perform all 
such other acts and duties appertaining to said oflice 
as shall, from time to time, be prescribed by said Com- 
missioners, or by any act of the Legislature — and he is 
hereby authorized to appoint from time to time, with the 
consent of said Commissioners, one or more deputies, 
and to employ all necessary Chainmen and Labourers 
under him, who shall be sworn by him to the faithful 
performance of their respective duties before commenc- 
ing any survey — and he sshall carefully set down on 
nis plans, all roads, townships, lots or tracts of land by 
liim surveyed, and return correct plans and field books, 
lo said Commissioners, with remarks and observFttions 
respecting all the objects provided for in the third sec- 
tion of this act, so as to ascertain the same as far as 
may be practicable. 

, Sec. 10. Be it further enacted^ That the said Com- 
missioners and Surveyor General shall be respectively 
^worii to the faithful discharge of the duties of their 



174 MIDDLEBORO' CAXAL COMP. Feh. 16, 1816. 

ofRce before entering thereon, and shall respectively 
give bond to tlie Treasurer of this Commonwealth, with 
sureties to be approved by the Governor, or in ca^e of 
his absence the Lieutenant Governor or any two mem- 
bers of the Council, with condition for the faithful p</r- 
Disposition of forraance of their said duties for the rendering a true 
"^""'^^ account of all monies by them received, and for paying 

over as herein provided all monies and sicurities fui* 
money by them received and taken — ^And the snid Com- 
missioners and Surveyor General shall annually adjust 
and settle their accounts with the said Treasurer or any 
Committee of the Legislature who may be appointed 
to examine and adjust the same ; and they sliall se- 
verally receive out of the Treasury such compensa- 
tion for their services as the Legislature may hereafter 
establish and direct. 

Sec. 11. Bp it further enacted, That in every town- 
ship which shall be surveyed, one fiftieth part thereof of 
average value shall be reserved as a fund for the pur- 
pose of making roads through said township. 

Sec l2- Be it further enacted, Thviiihis A.Q,i9^\\^\\ 
be in force for three years and until the end of the 
first session of the next General Court which shall bb 
LiiuUation. liercaftcr, and no longer ; provided always, that the faith 
of the Commonwealth is hereby pledged for the per- 
formance and ratification of all contracts legally made 
before the expiration of said act. 

[Approved by the Governor, February 15, 1816.] 



CHAP, cxxxn. 

Au Act to incorporate the Middleborougli Canal 
Company. 

Sec.1. JSE it enacted hythe Senate and Ho 
JlejJresentativps in General Court asuemhled, ' 
the authority of the same, That Abiel Washburn. 
Persons iucor. WITT'S WcstoH, Lcvl PcircB aud Horatio G. Woo^ 
poiated. associates and successors, shall be, and are hei 

corpora ted, and made a body politic, by the nam- 
Middleborough Canal Company, for the purpp 



MIDDLEBORO' CANAL COMP. Feb, 16, 181(5. 475 

opening, maintaining anil managing a Canal from the 
northerly part of Assawampset pond to unite witli Ne- 
masket 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 conveni- 
ent for drawing the water from the said pond : and by 
the name aforesaid may sue and be sued, and shall have May sue and be 
a common seal, and enjoy all the privileges and pow-^*^^ ' 
ers, incident to similar Corporations, and for the pur- 
poses aforesaid, may take, use, possess and enjoy in fee 
simple any lands necessary to carry into effect, and 
compleat the same, paying therefor in manner hereafter 
prescribed : Provided^ however, that the petitioners, in^»'°^*'» 
opening such Canal, do not cause any additional ob- 
struction or lessen the passage way through which the 
water now runs from said pond, in a canal opened up- 
on the lands of Samuel Jackson and others ; but if the 
present Canal shall be made wider, or deeper than it 
now is, said Corporation may place such obstructions 
as they please on the increased width, or depth, leav- 
ing the present passage way as wide and deep, as the 
same now is. 

Sec. 2. Be it further enacted. That in case the own- 
er 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 county of Ply-fpfoS.^ ^ 
mouth, and the determination of the referees so appoint- 
ed shall be the measure of such damage: Provide d^PvoViso. 
nevertheless^ that if the other party shall be dissatisfied 
with the award of the referees aforesaid, and shall, at 
the next term of said Court, after the report of said re- 
ferees shall be made, apply for a trial by jury, said''^"^^'*' 
Court shall have power to determine the same by jury, 
in the same manner in which other causes are determin- 
ed ; and if the verdict oi the jury sh?.ll not give to the 
oarty applying, a larger sum than the referees shall a- 
ward aforesaid, then the Court shall award cost against 
the party applying ; but if the last decision shall be 
more favorable to the party applying than the decision 
of the referees, then the Court shall award costs to the 



17^ MIDDLESORO' CANAL COMP. Feb. 16, 1816. 

applicant, and the Court shall render judgment and is- 
sue execution accordinii;ly. 

Sec. 3. Be it furtJwr enacted^ That if any person 
or persons, shall wilfully take up, remove, break (l(>wn, 
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 from said Canal, or in any 
other manner interrupt sSidCorpcnation 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 
-Knes for dam- said Corporation, doul)le the value of damai;e sustained 
^^** thereby, by said Corporation, to be recovered in an ac- 

tion of trespass, in any Court proper to try the same ; 
and such offender or offenders shall be liable to indict- 
ment by the grand jury of said county, and on convic- 
tion thereof before the Circuit Court of Common Pleas 
for the county of Plymouth, or the Supreme Judicial 
Court, shall be liable to pay a fine to the use of the 
Commonwealth, of not mon^ than fifty dollars, nor less 
than five dollars, or be imprisoned, not more than two 
months, nor less than ten days, at the discreiion of the 
Court before whom such conviction shall be had. 

Sec. 4. Be it further enacted^ That upon the appli- 
cation of the said proprietors, or any three of them to 
any Justice of the Peace for the county of Plymouth, 
Justice issue such Justicc is hereby empowerej to issue his warrant 
directed to one of said proprietors, requiring him to no- 
tify and warn his associates to meet at such time and 
place in said town of Middleborough. as shall be direct- 
ed in said warrant, w ho when met may agree upon a 
method of calling future meetings of said proprietors, 
and consult and transact such other business of said 
propriety as shall be expressed in said warrant. 

[Approved by the Governor, February 16, 1816.] 



Tvarrant, 



LOANS TO COMMONWEALTH. Feb, 16, 1816. 177 



CHAP, cxxxin. 

An Act enforcing the right of this Commonwealth to 
loans from the Banks vvitliin the same. 

Sec. 1. I3E it enacted hy the Senate and Houst 
of Representatives in General Court assembled, and hy 
the authority of the same, That it shall be the duty of 
the Treasurer of this Commonwealth, whenever he 
shall have occasion to borrow any sum of money of 
any incorporated Bank, under and by virtue of any 
authority for that purpose, given by any act or resolve 
of this Commonwealth; to give notice in writing to the 
President or Cashier of any such incorporated Bank, Banks shaij- 
of the amount which he has so an occasion to borrow,and ^""'^^ '°""^' 
demanding of said Bank a loan of the same, conform- 
ably to the provisions of the act incorporating such 
Bank. 

vSec. 2. Be it further enacted, That if any incor- 
porated Bank aforesaid, shall neglect or refuse, for the 
space of ten days, after notice given as aforesaid, to 
lo in to the said Treasurer, the sum so demanded, said 
Bank shall forfeit and pay into the Treasury of this Fines for reftr- 
C«)mmonweal!h, the sum of two per cent per month^ 
upon the amount of any sum so demanded as a loan, 
as aforesaid ; and so after that rate, for a shorter or 
longer time, so long as the said neii;lect or refusal to 
comply with such demand of the said Treasurer shall 
continue. 

Sec. 3. Be it further enacted. That it shall be the 
duty of the said Treasurer, at the expiration of one 
month after the sai<l demand shall have been made, to 
cause to be instituted, in any Court of competent j mis- ^'^a;ievv action 

T . .• . .1 III IP 1 e ii agauist Bank. 

diction, an action m the name and hehali, ana tor the 
use of this Commonwealth, a2;ainst the Bank so neg- 
lecting or refusing as af«»resaid, for the recovery of the 
said penalty ; and so, at the expiration of every suc- 
ceeding month thereafter, from mcmth to month, to 
cause to be instituted a similar action as af« resaid, for 
the amount of the penalty accruing for the neglect and 
refusal of the then next preceding month, so long as 



178 LODGEMENT OF TIMBER. Feb. 16, 1816. 

such neglect or refusal shall continue ; and it shall 
also be the duty of the said Treasurer^ upon the ob- 
taining judgment and execution on any such action or 
actions^ to cause the amount thereof to be forthwith 
levied upon the goods, chattels, or lands of the Bank, 
against which the same shall have been obtained. 

Sec. 4. Be it further enacted, That it shall be 
the duty of the Treasurer, in making the demand 
Loane to be e- abovB Specified, of any Bank or Banks, to equalize, as 
far as is conveniently practicable, the amount of such 
demand, among the several Banks in the town of Bos- 
ton, unless otherwise directed by an act or resolve of 
this Commonwealth, having reference to the amount 
of the obligation of each Bank, to loan the Common- 
wealth, and to the amount previously borrowed of each 
Bank, under the authority thereof. 

[Approved by the Governor, February 16, 1816.] 



^[UiJiaed. 



CHAP. CXXXIV. 

An Act relative to timber lodged on lands adjoining the 
Saco River, and the waters connected with the same. 



l?*6rfeitare of 
tliYiber. 



Compensation 
tor daniaii<''S> 



Sec. 1. JjE it enacted hytJie Senate and House of 
Jiepresentatives in General Court assembled, and by 
the authority of the same^ That all logs and other tim- 
ber carried by the freshets or otherwise lodged upon any 
lands adjoining Saco River, or adjoining the ponds or 
waters connected with said river, shall be forfeited to 
and becoiiie the property and wholly at the disposal of 
the owner or occupier of said lands so incumbered with 
logs or other timl)er, after the expiration of one year 
from the time such logs or other timber may have been 
lodged on said lands. 

Src. 2. Be it further enacted, That the owner or 
owners of s«ich logs or other timber, at any time within 
one year from the time the same may have lodged, as 
aforesaid on said lands, on paying or tendering to the 
owner or occupier of the said lands, so incumbered with 
log« or other timber, a reasonable compensation for the 
damages, which said owner or occupier may have sus- 



LORD'S DAY. Feh 16, 1816. 179 

tained by said logs, and as may be occasioned by the 
removal of the same, may lawfully enter on said land 
and remove said timber therefrom. 

Sec. 3. Be it further enacted^ That whenever the 
owner or owners of such timber shall remove the same 
from any of said lands, or have caused the same to be re- 
moved therefrom without bavins; paid or tendered the 
compensation for damages as in the second section ofsustiSued!^^ 
this act is prescribed ; the owner or occupier of such 
land may commence, and is hereby authorized to have 
and maintain, an action of the case against the owner or 
owners of said timber, or against the person or persons 
removing the same, to recovei compensation for the dam- 
ages aforesaid : Provided^ that said action be commenc- Proviso. 
ed within one year from the time said timber is removed 
from said land. 

Sec. 4. Be it further enacted, That all acts and parts Aetsre»eakd^ 
of acts which come within the purview or which are in- 
consistent with the provisions^of this act be and the same 
are hereby repealed. 

[Approved by the Grovernor, February 16, 1816.] 



CHAP. CXXXV. 

An Act in addition to an act entitled ^^ An act in addi- 
tion to an act, entitled an act providing for the due 
observation of the Lord's Day, and repealing the se- 
veral laws heretofore made for that purpose. 

Jj E it enacted by the Senate and House of 
Kepresevtatives in General Court assembled, and by 
the authority of the same, That any person who shall 
be guilty of a breacli of the second section of the act 
passed the eighth day of March, in the year of our 
Lord one thousand seven hundred and ninety-two, en- 
titled " An act for the due observation of the Lord's 
Day, and repealing the several laws heretofore made 
for that purpose," shall be liable to a penalty not less Fines for breach 
than four dollars, nor more than six dollars and sixty- *^'^»^' 
iix cents ; which penalty may be recovered with costs 
•f prosecution^ upon complaint before any J ustice of 



180 SUP. & PUNISH. OF CHEATS. ¥eh. 16, i8l6. 

the Peace in the county where the oifence may be com- 
mitted ; one raoiety thereof to the complainant, and the 
other moiety to the u«e of the county within which the 
oiFence may he committed ; or before the Circuit Court 
of Common Pleas of the same county, by presentment 
of the Grand Jury, in which case, the whole penalty 
Proviso, shall enure to the benefit of the county : Hrovkhd how- 
ever, that all prosecutions for the said penaKy shall be 
commenced within s x months after the offence was c(un- 
mitted, unless ihe offender resides without the Com- 
monwealth. 

[Approved by the Governor, February 16, 1816. ]| 



CHAP. CXXXVI. 

An Act for the suppression and punishment of Cheats. 

Sec. 1. IjE it enacted by the Senate and House of 
Hepresentativefi in General Court assembled, and by 
ihe authority of the same^ That all persons who ku'jvv- 
ingly and designedly, by false pretence or pretences, 
shall obtain from any person or persons, money, goods, 
wares, merchandize, or other things, with intent to cheat, 
or defraud any person or persons of the same, snail, on 
conviction thereof before the Justices of the Supreme 
Judicial Court or the Municipal Court of the town of 
Fines. Boston, be sentenced to pay a fine to the use of the Com- 
monwealth, not less than forty dollars. and not exceeding 
four hundred dcdlars, or be sentenced to be confined to 
hard labor, for a term not exceeding seven vears, at 
the discretion of the Courts respectively, before whom 
such conviction shall he had. 

Sec. 2. Be it firth'^r enacted. That the Supreme 
Judicial Court and the Municip!\l Court of the town of 
Boston shall have exclusive jurisdiction of all gross 
Actions at com^ frauds or clicats at comunmlaw; and any person who 
rnoniaw. shall, bcforc eithcT of Said Courts, be convicted of any 
fraud or cheat, shall be sentenced by the said Courts 
respectively, to receive such punishment as is provided 
in and by the first section of this act. 

[Approved by the Governor, February 16, I8I6.3 



REMEDIES IN EQUITY. Feb. 16, 1816. 181 



CHAP, cxxxvn. 

An Act in addition to the several acts for giving reme- 
dies in Equity. 

Sec. 1. JjE it enacted by the Senate and House nf 
liepresentatives in General Court assembled, and by 
the authority of the same^ That fmm and after the first 
day of May next, the risjht in equity to redeem mort- 
gaged real estate which may be taken and sold on exe- 
cutiou, pursuant to the provisions of the act entitled 
'"■ An act in addition to an act entitled an act for giving night of re- 
remedies in Equity,"pa«sed March the first, in the year ^^'"p"''"' 
of our Lord one thousand seven hundred and ninety- 
nine, may be redeemed from such sale by the execution 
debtm* or debtors, within one year next after the time of 
executing by the officer to the pnrchaser the deed there- 
of in the manner in the aforesaid act provided, by the 
payment by the debtor or debtors, of such «um, as may, 
by such sale, have been satisfied <m such execution, 
with the interest thereof, deducting the rents and pro- 
fits the purchaser or any uiider him may have received 
over and above the repairs made by the purchaser or 
any under him. And in case the purcliaser of any such 
right in equity shall have satisfied and paid the mort- 
gagee, his heirs or assigns, the sum due on said mort- 
gage, the mortgagor shall have the right to redeem such 
mortgaged estate of such purchaser, or any under him, 
at the time and in the way and manner he might have 
redeemed the same of the mortgagee, had no such sale 
been made, and at such time only. 

Sec. 2. Be it further enacted, That from and after 
the first day of May next, the proviso in the fifth-sec- 
tion of the act aforementioned be, and hereby is repeal- 
ed — Provided^ hoivever, that the said repeal shall have Proviso. 
no effect upon any sale of a right in equity maile pre- 
vious to, or on said first day of May next, but the debt- 
ors right to redeem the same shall remain as though 
this act had not been passed. 

Sec. 3. Be it further enacted, That from and af- 
ter the passing of this act, when any right in equity of 



183 ADJ. GEN'S SALARY, &c. JFe&. 16, 1816. 

redeeming real estate, which is mortgaged, shall be at- 
tached on mesne process and pending the attachment, 
Mortgages re- sucli mortgaged real estate shall be redeemed by the 
dneoied. mortgagor, the attaching creditor shall have the same 
lien on such estate as though the attachment had beea 
of the fee, and execution may be levied thereon accord- 
ingly. 

[Approved by the Governor, February 16, 1816.] 



CHAP, cxxxvni. 

An act, establishing the Salary of the Adjutant- General. 

xJE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same^ That there be allowed and 
paid out of the public Treasury to the Adjutant- General 
of this Commonwealth the sum of one thousand dollars 
in full for his services in that office from the second day 
Salary, of September last, to the second day of March next ; 
And, that from and after the said second day of March 
next, there be allowed andpaid out of said Treasury, the 
sum of fifteen hundred dollars, annually, in quarterly 
payments, to the Adjutant-General of this Common- 
wealth, in full for his services in that office from and 
after said day. 

[Approved by the Governor, February 16, I8I6.3 



CHAP. CXXXIX 

An act to explain an act for the encouragement of Litera- 
ture, Piety and Morality, and the useful Arts and 
Sciences. 

JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority o^the same. That the President and Fel- 
lows of Harvard College shall be, and they hereby are 



LITERATURE, PIETY, &c. Feh 16, 1816. 183 

authorized to apply any part of the sum reserved in the 
act, entitled an '*Act for the encouragement of Literature, 
Piety and Morality, and the useful Arts and Sciences,'' 
for the diminution of the tuition fees of such students as 
may need assistance, towards the support and mainten- 
ance of any resident graduates who may be permitted i^esident grad- 
to reside at the University by the said Corporation and cdve support 
whose circumstances may in the opinion of said Cor- 
poration render such aid proper and necessary ; the said 
Corporation in all cases exercising their discretion as 
to the qualifications and merits of the applicants for 
said benefaction ; providpd, however, that no part of 
the said sum reserved by the act, to which this is an 
addition, shall be applied to the support of any resi- 
dent graduates, until all the just and reasonable claims 
of the undergraduates shall have been satisfied, of 
which claims the said Corporation shall be the Judges; 
and provided further f that if any sum shall be remain- 
ing of the aforesaid appropriations, after giving relief to 
the undergraduates as aforesaid, and after contributing 
to the support of any such resident graduates in man- 
ner afore described, it shall be lawful for the said Cor- 
poration to cause the same to be invested in some fund Property may 
or securities, the income whereof may be applied for the^^ funded, 
purposes mentioned in the aforesaid act to which this is 
an addition, and for the purposes mentioned in this act, 

[Approved by the Governor, February 16, 1816.] 



CHAP. CXL 

An act to apportion and assess a tax of one hundred 
and thirty-three thousand, three hundred and twen- 
ty-eight dollars and fifty -two cents, and to provide 
for the reimbursement of twenty-eight thousand four 
hundred and ninety-four dollars paid out of the public 
Treasury to the members of the House of Representa- 
tives for their attendance at the two last sessions of 
the General Court. 

[Approved by the. Governor, February 16, 1816.] 



COMMONWEALTH OF MASSACHUSETTS: 



Secretary's Office, May \oth, t8I£f, 
By this, I certify, that the Laws contained in this pamphlet, passed at the session of the 
General Court, heginning the 10th of January, and ending the 16th of Pebniaiy, A. D. 1816, 
have been examined and compared with the originals in this office, and appear to be coiTcct. 

ALDEN BRADFORD, 

Secretary of the Commomvealt/i 



LAWS 



COMMOJ^WEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, COMMENCING ON THE TAVENTY-NINTH DAY 

OF MAY, AND ENDING ON THE T\\rENTIETH 

DAY OF JUNE, A. D. 1816. 



CHAP. I. 



An Act to cede to the United States the jurisdiction of 
the rocks and flats under the piers in Merrimack 
river. 

jjE it enacted by the Senate and House of 
Represeyitatives in General Court assembled, and by 
the authority of the same. That there be, and here- 
by is ceded to the United States of America, the juris* 
diction of so much of the rocks and flats under the 
piers in the river Merrimack, known by the name of Cession to the 

United States 

the half- tide rocks and north rocks in said river, as 
may be necessary for the purpose of repairing and 
keeping in repair said piers ; provided however, that 
if the said United States shall neglect to keep the said 
piers in good repair, and in a condition useful to navi- 
gation, then this cession shall be void : Provided also, ^mxiso, 
that this Commonwealth shall retain a concurrent ju- 
risdiction with the United States, so far as respects all 
civil arid criminal processes issued under the authority 
of this Commonwealth, in like manner, to all intents 
and purposes, as if this act had not been passed. 

[Approved by the Governor. June 13, 1816.1 



186 PRO. COURTS— A. M. COMIP. Juwe i% iSi&. 



CHAP. If. 

An Act respecting the Courts of Probate in the county 
of Norfolk. 

Sec. 1. Be it enacted by the Senate and House of 
^efvesentatives in General Court assembled, and by 
the authority of the same, That from and after the first 
day of July next, there shall be four terms of the Court 
Probate Courts, of Probatc holdeu in the first parish in Wrentham, in 
the county of Norfolk, in each year successively, at 
such times as the Judge of Probate for said county 
shall appoint. 

Sec, S. Be it further enacted, That this act shall 
Lhnitation. coutinuc iu forcc for the term of two years, from and 
after the said first day of July next, and no longer. 

[Approved by the Governor, June 14, 1816.] 



CHAP. III. 

An Act to incorporate the Atherton Manufacturing 

Company. 

Sec, 1. JjE it enacted by the Senate and House of 
Ilejjresentatives in General Court assembled, and by 
the authority of the same. That Rufus Atherton, Sam- 
uel Atlierton, Sylvester Claflin, George F. Jenks, Na- 
Pcrsons incor-thaniel Idc, Asa Pcrriti, Samuel Sandford, Comfort 
Barrows, Elkanah Briggs, Daniel Claflin, Dexter 
Bishop, Calvin Claflin, Stephen Bouru, Eli Bourn, 
John Smith, Alanson Burt, George Jeiiks, Otis Perrin, 
David Cummings, Benjamiu Cummings, Daniel Claf- 
lin, jun, Ona Carpenter, Levi Read, Sylvauus New- 
man, Siba Carpenter, George B. Richards, and Noah 
Claflin, jun. together with such other persons as have 
already, or may hereafter associate with them, 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 cot. 



HANCOCK AQUEDUCT ASSO. June i% 1816. 187 

ton 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 thou- 
sand eight hundred and nine, entitled, *^ An act defin- 
ing the general powers and duties of Manufacturing 
Corporations." 

Sec. S. Be it further enacted^ That said Corpora- 
tion may be lawfully seized of such real estate, not ex- 
ceeding the value of thirty thousand dollars, and such May hold re.* 
personal estate not exceeding the value of seventy thou- ^^^^^'^• 
sand dollars, as may be necessary and convenient for 
establishing and carrying on the manufactures afore- 
said, in said town of Attleborough. 

[Approved by the Governar, Junel-i, 1816.] 



CHAP. IV. 

An Aet granting certain powers to tlie Hancock Aque- 
duct Association. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same, That the Proprietors of the 
Hancock Aqueduct, in Portland, in the county of Cum- 
berland, be, and they are hereby authorized, in case of 
the neglect or refusal of payment of such taxes as may Tieasmer may 
from time to time be legally assessed upon the shares of '"'' ^'"" ^''■'*'^ 
said Proprietors, to sue for the recovery of the same, 
in the name of the Treasurer of said Corporation, and 
to prosecute the said suit or suits to final judgment, in 
any Court or Courts proper to try the same. 

Sec. 2. Be it further enacted, That said proprie- 
tors, at any legal meeting, may, by the vote of a major- May admit par- 
ity of those present at said meeting, admit, upon such p"*"'"'' 
conditions as may be consistent with the rules and re^ 
gulations of said proprietors, any person or persons into 
said Corporation, who shall thereafter wards hold and 
enjoy their said share or sl\aves_, subject to the same 



188 LIGHf HOUSE— KEN. BANK. June 15, 1816. 

liabilities and obligation^ as the said original pro- 
prietors. 

[Approved by the Governor, June 14, 1816.] 



CHAP. V. 

An Act to cede to the United States the jurisdiction of 
so much of the Island of Petit Manan, near Nara- 
guagas river, as may be necessary whereon to erect 
a light house. 

JjE if enacted by the Senate and House of 

Representatives in General Court assembled, and by 

the authority of the same, That there be, and hereby 

Cession to the jg ccdcd to the United States of America, the iuris- 

Umted States. ... „ i,»iti T«»Ti-i»yi' 

diction of so much of the Island ot li'etit Manan, near 
the Naraguagus river, as may be necessary for the 
purpose of erecting a light house thereon : Provided^ 
Proviso. that this Commonwealth shall retain concurrent juris- 
diction with the United States, so far as respects all 
civil and criminal processes issued under the authority 
of this Commonwealth, in like manner, to all intents 
and purposes, as if this act had not been passed. 

[Approved by the Governor, June 15, 1816.] 



CHAP. VI. 

An Act in further addition to an act, entitled, '^ An 
act to incorporate the President, Directors and Com- 
pany of the Kennebunk Bank." 

XJE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same. That from and after the 
Stock reduced, passing of this act, the capital stock of the Kerihe- 
bunk Bank shall and may be one hundred thousand 
dollars ; the number of shares to remain as at present 
established by law, any thing in the act to which this 
is in addition to the contrai'y notwithstanding ; and the 



SOUTHBRIDGE FAC. COMP. June 15, 1816. 489 

Stockholders of said Bauk are hereby wholly exoner- 
ated and discharged from paying in twenty per cent 
of the whole capital stock of said Bank on the first 
day of October next, as by the act in addition to the 
act establishing the Kennebunk Bank they are required. 

[Approved by the Governor, June 15, 1816.] 



CHAP. VII. 

Au Act to incorporate the Southbridge Factory ' 
Company. 

Sec 1. JjE it enacted by the Senate and House of 
'Representatives in General Court assembled, and by 
the authority of the same, That Jeremiah Shumway,P^«ons 
Benjamin F. Shumway, Joseph Marcey, 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 Manu- 
facturing Company, for the purpose of manufacturing 
wool in the town of Southbridge, in the county of 
Worcester ; and for tlie purpose aforesaid, shall have 
all the powers and privileges, and shall be subject to 
all the duties and requirements prescribed and con- 
tained in an act, entitled " An act defining the general 
powers of Manufacturing Corporations,'^ passed the 
third day of March, in the year of our Lord one thou- 



incor,- 



sand eight hundred and nine. 



Sec. 3. Be it further enacted, That the said Cor- 
poration, in their corporate capacity, shall and may May hoM real 
lawfully hold and possess real estate, not exceeding ^^'" 
fifty thousand dollars, and personal estate, not exceed- 
ing fifty thousand dollars, as may be necessary and 
convenient for carrying on the manufactory of wool in 



said town of Southbridge. 



[Approved by the Governor; June 15, 1816.] 



490 LH\ INST.-.CUM. MANU. June 15, 1816, 



CHAP. VIII, 

An Act in addition to an act, entitled ^' An act to es- 
tablish a Literary Institution in tlie District of 
Maine, within this Commonwealth. 

jjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the Maine Literary 
paiiicuiar lo- and Theological Institution be, and they are hereby 
authorized and empowered to locate and establish 
their buildings in any town within the countjes of Ken- 
nebec or Somerset ; any thing contained in the first 
section of the act, entitled <* An act to establish a 
Literary Institution in the District of Maine, within 
this Commonwealth, to the contrary notwithstanding. 

[Approved by the Governor, June 15, 1816.] 



CHAP. IX. 

An Act incorporating the Cummington Woollen 
Manufactory. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Asa Gurney, jun. 
James Claghorn, Robert Dawes, Darius Ford, and 
Robert Dawes, jun. together with such others as have 
associated, or may hereafter associate with them, their 
J^at'cd ""^*' successors and assigns, be, and hereby are made a 
Corporation, by the name of The Cummington Wool- 
len Manufacturing Company, for the purposes of manu- 
facturing woollen cloth and yarn in the town of Cum- 
mington, in the county of Hampshire ; and for those 
purposes 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 



FEES OF OFFICE, June id, 1816, 191 

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

8ec. 3. Be it further enacted, That the said Cor- 
poration may lawfully hold and possess sucli real May hold r??! 
estate, not exceeding the value of thirty-thousand dol-'^'*^*^' 
lars, and personal estate, not exceeding the value of 
seventy thodsand dollars, as may be convenient and 
necessary for carrying on the manufacture of woollen 
cloth and yarn, in said town of Cummington. 

[Approved by the Governor, June 15, 1818.] 



CHAP. X. 

An Act to enforce the rendition of an account of Feea 

of Office. 

I3E 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, all persons who are or shall be 
entiiled by any law or resolve, to an annual salary, 
and who also leceive fees of office, for which they Rendition of 
are required to be accountable, shall render to the^*^^*" 
Treasurer a quarterly account under oath of all Fees 
of Office by them received, which oath the Treasurer 
is hereby authorized to administer. And no person 
shall be permitted to receive his quarterly salary from 
the Treasury, until such account of the Fees of Office 
has been rendered : Provided hoivever, that this act Proviso. 
shall not be considered as extending to the Justices of 
the Supreme Judicial Court. 

[Approved by the Governor; June i5, I8I6.] 



S5 



193 PENOBSCOT COUNTY. Juiie I7, I8I6. 



CHAP. XI. 

An Act in addition to an act, entitled ^* An act for 
dividing the county of Hancock, and establishing a 
new county, by the name of Penobscot.*' 

Sec. 1. JoK it enacted by the Senate and House of 
Representatives in General Court assemhled^ and by 
the authority of the same, That from and after the 
passing of this act, the Supreme .Judicial Court to be 
cburts held. h olden at CastiJie, within the county of Hancock, 
shall be holden for the county of Penobscot, as well 
as for the counties of Hancock and Washington, and 
shall, from time to time, have the same jurisdiction, 
power and authority for the decision and determination 
of all matters and things, civil and criminal, which 
hav». happened or shall hereafter happen within the 
said county of Penobscot, as though the said county 
of Penobscot had not been established. 

Skc. 2. Be it further enacted, That the Clerk of 
the Supreme Judicial Court, whenever he shall issue 
Jiuors. venires for any grand or traverse jurors to attend said 
Court, to be holden within the county of Hancock, 
shall be governed by the division into jury districts, 
which was made in the county of Hancock last before 
the county of Penobscot was established, until a new 
division into jury districts be made in both the coun- 
ties of Hancock and Penobscot. 

Sec. 3. Be it further enacted, That all appeals 
which may be claimed according to law from the dc- 
Appeais. crees or orders of the Judge of Probate, foi the county 
of Penobscot, shall and may be heard and determined 
by the Supreme Judicial Court to be holden within 
tlie county of Hancock, in the same way and manner 
as appeals from the orders and decrees of the Judge 
of Probate for the county of Hancock, may be heard 
and determined. 

Sec. 4. Be it further enacted, That the several 

' Justices of the Peace in the county of Penobscot, who 

are or sliall be duly commissioned and sworn as such, 

are hereby authorized to determine all causes hereto- 



PENOBSCOT COUNTY. June 17, 1816. 193 

fore duly entered and continued by them, and to issue writs issued or 
or renew writs of execution on all judgments, recog- ^'^"*^^^*^'^- 
nizances, or acknowledgements of debts, heretofore 
recovered or taken before them respectively, as Jus- 
tices of the Peace for the county of Hancock, in the 
same way and manner, as they might by law have done 
as Justices of the Peace for the county of Hancock, 
if said county of Penobscot had not been established : 
Provided moreover^ that the Justices of the Peace for 
the county of Penobscot, shall have in their county the 
same jurisdiction, power and authority, as to the 
violations of the act for the preservation of fish iijFishrcgukaou 
Penobscot river and bay, and the several streams emp- 
tying into the same, as the Justices of the Peace for i 
the county of Hancock have in their county. 

Sec. 5. Be it further enacted, That all persons 
committed to gaol iu the county of Hancock, from the ^^^^suiation of 
county of Penobscot, shall be entitled to the same 
beueiits and indulgences, as though they lived and had 
their homes within the county of Hancock ; and it is 
hereby made the duty of the proper Magistrates and 
other officers of the county of Hancock, to administer 
all tlie oaths and perform all the services which may 
be necessary for that purpose : Provided that all ex- Proviso. 
penses incurred by the operation of this section of this 
act, as county charges, shall be defrayed by the coun- 
iy of Penobscot. 

Sec. 6. Be it further enacted, That it shall be 
the duty of the Overseers of the Poor for the town of 
Bangoi", to make the same provision for prisoners com- Provisions fov 
mitted to gaol at Casline from the county of Penob- p"^''^^'^ 
scot, Avho are or may be unable to support themselves, 
as by law said Overseers would be required to do 
were such prisoners committed to a gaol in Bangor, 
upon proper application being made to them by the 
keeper of the gaol at Castine ; and the town of Ban- 
gor shall be entitled to the same remedies at law a- 
gainst any other towns for the support of such prisoner 
or prisoners, as if they were committed to a gaol in 
Bangor. 

Sec. 7* ^^ i^t farther enacted, That the register 
of deeds, who is directed by a law of this Common- 
wealth, passed the twenty-eighth day of February, 



194( CUMMINGTON COT. MANU. June \7, 1816, 

ill the year of o'nr Lord one thousand eight hundred 
and fourteen, to keep hib office in the town of Ban,2;or, 
now in the county of Penobscot, be, and he hereby 
is authorized to do and perform all the duties of his 
Register ofg^id office, till a register of deeds be duly chosen and 
qualified for said county of Penobscot, in the same 
way and manner, and his official doings till the qua- 
lification of such new register are hereby declared to 
he as good and valid, to all intents and purposes, as 
though the said county of Penobscot had never been 
established. 

[Approved by the Goveruorj June 17, 1816.] 



CHAP. XII. 

All Act to incorporate the Cummington Cotton 
Manufactory. 

Sec. 1. JnE it enacted by the Senate and House of 
Kepreseyitatives in General Court assembled, and by 
the authority of the same, That Asa Gurney, jun. E- 
Peraons mcor-liphalet Packard, and Chester Packard, together with 
^^^^ such others as have associated or may hereafter join 

and associate with them, their successors and 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 Cummington, in the county of Hampshire ; 
and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and re- 
quirements contained in an act, defining the general 
powers and duties of Manufacturing (^corporations, 
passed the third day of March, in the year of our 
Xiord one thousand eight hundred and nine. 
I Sec. 3. Be it further enacted. That the said Cor- 
May lioid real poration may lawfully hold and possess suchreal estate, 
esir'^^"^^ not exceeding the value of thirty thousand dollars, and 
personal estate, not exceeding the value of seventy 
thousand dollars, as may be convenient and necessary 



PART BUCKSTOWN SET OFF. Jitne 17, 1810. 195 

for carrying on the manufacture of cotton, in said 
town of Cummington. 

[Approved by the Governor^ June 17? 1816.] 



CHaP. XIII. 

An Act to set off part of the town of Buckstown, and 
to annex the same to Orrington. 

Sec. 1. 13 E it enacted hij the Senate and House of 
Iteprfsentatives in General Court assembled, and by 
the authority of the same, That the following des- 
cribed tract of land, with the inhabitants thereon, be 
set off from the town of Buckstown, in the county of 
Hancock, and annexed to the town of Orrington, in the 
county of Penobscot, by the following lines, to wit : Boundaries. 
beginning on the east bank of Penobscot river, at the 
south-western corner of school lot, so called, on the 
proprietor's plan ; thence running on the southern line 
of said lot, to the eastern end of the same ; thence 
across a gore of land to the southern corner of lot 
number eighteen on the second range of lots ;, thence 
on the southern line of said lot to the third range line ; 
thence southerly on said range line, to the south-west- 
ern corner of lot number forty-two, on the third range 
of lots ; thence easterly on the southern line of said 
lot across the fourth range line, on the southerly line 
of lot number fifty-four, on the fourth range of lots, 
to the fifth range line ; thence northerly on said fifth 
range line till it intersects the line between Buckstown 
and Orrington. And the said tract of land, with the 
inhabitants thereon, is hereby set off from said town 
of Buckstown, and is annexed to the town of Orring- 
ton ; and the said inhabitants shall hereafter be con- 
sidered inhabitants of said town of Orrington, and as 
belonging to the county of Penobscot, and shall there 
enjoy all the civil rights and privileges, and shall be 
subject to all their civil duties and requisitions in like 
manner with the other inhabitants of said town. 

Sec. 2, Be it further enacted, That the said in-'xaxe. 
habitants shall be holden to pay all taxes heretofore 



196 PERSONS SET OFF. June 17, 1816. 

legally assessed, and that may be assessed the present 
year on them by said town of Bnekstown, in the same 
manner as if this act had not passed. 

Sec. 3. Be it further enacted, That in all future 

State Taxes. State taxes, seven cents on a thousand dollars shall be 
taken from the town of Buckstown and be added to 
the town of Orrington. 

Sec. 4. Be it further enacted^ That so much of 

Sd>ooi Lot the school lot within the boundaries before described, 
as is now the property of the town of Buckstown, 
shall continue to be exempt from taxation by the said 
town of Orrington, so long as it continues to be the 
property of the town of Buckstown, and when it shall 
become private property, the whole of said lot shall be 
subject to taxation in the same manner and proportion 
as other lands in the said town of Orrington. 

[Approved by the Governor, June 17? 1816.] 



CHAP. XIV. 

An Act to set off* Joshua Cole from the town of Frank- 
fort, and to annex him with his family and estate to 
the town of Hampden. 

JjE it enacted bij the Senate and House of 
llepresentatives in General Court assembled, and by 
the authority of the same, That Joshua Cole with his 
Estate set oft family and estate be, and hereby is set off from tlie 
town of Frankfort, and annexed to the town of Hamp- 
den ; and the said Joshua Cole shall there exercise and 
enjoy all his rights and privileges, as an inhabitant of 
the said town, and shall also be subject to the same 
duties and requisitions, as the other inhabitants of the 
said town of Hampden. 

[Approved by the Governor, June iy, 1816.] 



U. S. ORDNANCE DEPOT. June 17, 1816. 197 



CHAP. XV. 

An Act authorizing the United States to purshase a 
certain tract of land in Watertown for an ordnance 
depot. 

Sec. 1. oE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, Tliat the consent of this 
Commonwealth be^ and liercby is granted to the United 
States, to purchase a tract of land not exceeding sixty c^s^i^n to u.s. 
acres, situated in the town of Watertown, in the county 
of Middlesex, on the left bank of Charles river, about 
one mile below the Watertown bridge, so called, for 
the purpose of erecting forts, magazines, arsenals, dock- 
yards, and other needful buildings, the evidence of the 
purchases aforesaid, to be entered and recorded in the 
registry of deeds in the said county of Middlesex : 
Frovided always^ and the consent aforesaid is granted proviso. 
upon the express condition that, this CommonAvealth 
shall retain a concurrent jurisdiction with the United 
States in and over the tract of land aforesaid, so far 
as that all civil, and such criminal processes as may 
issue under the authority of this Commonwealth a- 
gainst any person or persons, charged with crimes 
committed without the said tract of land, may be exe- 
cuted therein, in the same way and manner as though 
this consent had not been granted. 

Sec. ^Z. Be it further enacted, Tliat if the Agent 
or Agents employed for the United States, and the 
owner or owners of said tract of land so to be pur- 
chased, cannot agree in the sale and purchase thereof, 
such Agent or Agents may apply to any Court of Gen- 
eral Sessions of the Peace, which shall be holden 
within and for the county of Middlesex aforesaid, 
which Court, after due notice given to the said owner 
or owners, are liereby empowered and directed to Valuation o: 
hear, and finally determine the value of the same tract '"'^^^ 
of land, or any part thereof, by a jury, under oath, to 
be summoned by the Sheriff of said county or his de- 
puty for that purpose, or by a committee of three per- 



198 MINISTRY IN LEBANON. June 17, 1816. 

sons, if the parties aforesaid can agree upon them ; 
and the value thereof being thus ascertained by the 
verdict'of such jury, or the report of such committee, 
who are also to be under oath faithfully and impartial- 
ly to value said tract of land, or any part or portion 
of the same ; and such verdict or report being accep- 
ted and recorded by said Court, and the amount 
thereof being paid or tendered to the owner or owners 
of said tract of land or to the owner or owners of any 
part of said tract of land that shall have been thus 
valued, with his, her or their reasonable costs, the 
said tract of land, or such parts of the same as shall 
be thus valued, shall for ever be vested in the United 
States, and shall and may be by them taken, possessed 
and appropriated to the purposes aforesaid. 

[Approved by the Governor, June 17? 1816] 



CHAP. XVI. 

An Act to incorporate a Board of Trustees to manage 
a fund for the support of the Ministry in the first 
Congregational Parish in Lebanon. 

Sec. 1. IjE it enacted by the Senate and House of 
Hejiresevtatives in General Court assembled, and by 
the authority of the same. That Ebenezer Ricker, An- 
drew Hayes, Nathaniel Chamberlain, John Rollins 
and Edward Grant be, and hereby are incorporated in- 
to a body politic, by the name of The Trustees of the 
Ministerial Fund in the first Congregational Parish in 
Lebanon, in the county of York ; and they and their 
successors shall be and continue a body politic and 
corporate by that name forever ; and they shall have 
a common seal, subject to be altered at their pleasure. 
And they may sue and be sued in all actions real, per- 
sonal and mixed, and prosecute and defend the same 
to final judgment and execution by the name aforesaid. 

Sec, 2, Be it further enacted, That said Trustees 
and their successors shall annually elect a President 
and Clerk, to record the doings and transactions of the 



I'ersons incor- 



MINISTRY IN LEBANOK. June 17, 1816. 1S9 

Trustees at their niftetings ; and a Treasurer to receive 
and apply the monies hereafter mentioned, as hereafter 
directed, and any other needful officers for the man- 
aging of their business. 

Sec. 3. Be it further enacted^ That the number of 
said Trustees shall be five, any three of whom shall 
be a quorum for transacting business ; and the Mem- 
bers of said parish, at a meeting called for that pur- 
pose, shall fill vacancies which may happen by death, ,^,'J"rfo7'iW3- 
resignation or otherwise, from the members of said pa- tcos. 
lish, and shall have power to remove any Trustee who 
may become unfit and incapable from age, infirmity, 
misconduct, or any other cause, of discharging his du- 
ty, and to fill the vacancy, so made, by a choice from 
the members of the parish aforesaid. And the said 
Trustees shall annually hold a meeting in March or 
April, and as much oftener as may be necessary to 
transact their business, which meetings, after the first, 
shall be called in such manner as the Trustees may 
direct. 

Sec. 4. Be it further enacted^ That Daniel Wood, 
Esq. be, and hereby is authorized to fix the time 
and place for the first meeting, and to notify the Trus- 
tees thereof. 

Sec. 5. Be it further enacted, That the said Trustees 
be, and hereby are authorized to receive all donations, 
legacies and bequests to them for the support of a Con- 
gregational Minister in said parish, and that they shall m^v seiiknd?. 
have power to sell and convey all such lands as they 
shall become seized of by bequest, mortgage or by levy- 
ing executions ; and to make, execute and acknow- 
ledge a good and sufficient deed or deeds thereof, which 
deed or deeds subscribed by their Treasurer and ac- 
knowledged by him, by direction of said Trustees with 
their seal thereto affixed, shall be good and efiectual 
in law to pass and convey the fee simple to the pur- 
chaser to all intents and purposes whatever. 

Sec. 6. Be it further enacted, That all the monies 
which said Trustees shall receive pursuant to this act, 
shall be put at interest, and secured by mortgage of 
real estate to the full value thereof, or by sufficient ^'"'^^^p'^'"'''' 
sureties with the principal, or invested in public 
funded securities, or bank stock, as in the opinion of 
S6 ' 



.^00 



MINISTRY IN LEBANON. 



June 17, 1816. 



the Trustees will be most for the benefit of all con- 
cerned. 

8 EC. 7« J^e it further enacted^ That the Trustees 
shall apply the interest aforesaid, and the income of the 
stock aforesaid, to the support of the Congregational 
moJeyf '°" ^^ Miuistcr uow Settled in said parish, or which may here- 
after be settled there, or in such other manner as the 
donors may direct. And so long as the said parish 
shall remain without such settled Minister, the annual 
interest and income aforesaid, shall be put out at in- 
terest and secured as aforesaid, to increase the said 
fund until there shall be a settlement of such Minister 
as aforesaid. And it shall never be in the power of 
said parish to alienate or any wise alter the fund a- 
foresaid. 

Sec. 8. Be it further enacted. That the Treasurer 
shall give bond with sufficient surety or sureties, in the 
penal sum of two thousand dollars, faithfully to per- 
form his duty, and to be at all times responsible for the 
faithful application and appropriation of the monies 
which may come into his hands conformably to the 
true intent and meaning of this act, and for all negli- 
gence or misconduct of any kind in his office. 

Sec. 9. Be it further enacted ^ That the Trustees or 
their officers, for the services they may perform, shall 
be entitled to no compensation out of any monies ari- 
sing from the fund aforesaid, but if entitled to any, shall 
receive the same of said parish as may be mutually 



Treasiu'cr 
gi ve bond. 



Fee: 



agreed on. 



Annual ac- 
counts. 



llesponsibilKy 
of Trustees. 



Sec. 10. Be it further enacted^ That the said Trus. 
tees shall exhibit to the parish, at their annual meeting 
in March or April, a regular and fair statement of their 
doings. 

Sec. 11. Be it further enacted, That the said Trus- 
tees, and each of them, shall be responsible to the pa- 
rish for their personal negligence or misconduct, 
whether they be officers or not ; and be liable to a suit 
for any loss or damage arising thereby ; the debt or 
damage recovered in such suit shall be applied to in- 
crease the said ministerial fund. 



[Approved by the Governor, June 17? 1816.] 



NAN. BANK— DEXTER. June i%. 1816. SOI 



CHAP. XVII. 

All Act extending the time allowed the Trustees of the 
Nantucket Bank to close their concerns. 

Jj K it enacted by the Senate and House of 
MepresentativeSf in 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 grant- 
ed and allowed to the Trustees of the Nantucket Bank, 
for the sole purpose of enabliogsaid Trustees gradually 
to settle and close their concerns, and divide their capi- 
tal stock, they conforming in all respects, to an act 
passed June the twenty-fourth, one thousand eight hun- 
dred aud twelve, entitled " An act to enable certain 
Banks in this Commonwealth to settle and close their 
concerns." 

[Approved by the Governor, June 17^ 1816.] 



CHAP. XVIII. 

An Act to establish the town of Dexter. 

Sec. 1. Jl>E it enacted by the Senate and House of 
Jiejjresentatives in General Court assembled, and by 
the authority of the same, That tlie township number- 
ed four, in the fifth range of townships north of the 
Waldo Patent, in the county of Penobscot, as descri- Boundari 
bed by the following boundaries, be, and hereby is es- 
tablished as a town, by the name of Dexter, viz. : East 
by the town of Garland ; south by township numbered 
four in the fourth range 5 west by township numbered 
five in the fifth range ; and north by the town of San- 
gerville. And the said town of Dexter is hereby vested, 
with all the corporate powers and privileges, and shall 
be also subject to all the duties and requisitions of 
other corporate toAvns, according to the Constitution 
and Laws of this Commonwealth. 

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



-^03 SOCIETY IN BEINSWICK:. June 17, 1816. 

the Peace, for the county of Penobscot, is hereby au- 
thorized, upon application therefor, to issue a warrant, 
directed to a freehold inhabitant of the said town of 
Dexter, requiring him to notify and warn the inhabi, 
tants thereof, qualified to vote in town affairs, to meet 
Justice may is- at such Convenient time and place within the said town, 
as shall be appointed in the said warrant, for the 
choice of such officers as towns are by law empowered 
and required to choose and appoint at their annual 
town-meeting. 

[Approved by the Governor, June 17, 1816 ] 



CHAP. XIX. 

An Act to authorize the First Congregational Society 
in Brunswick to sell certain Ministerial Lands. 

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

UpprespTitatives in General Court assembled^ and hy 

the authority of the satne. That the inhabitants of the 

Conf^regational Society in Brunswick be, and they are 

Ajents way sell hereby authorized by their xVgents, chosen for that 

and pass ^«^^ds.pj^j,p^jgp_^ j^ ^^^ ^^^^^ p^^^ dccds, to couvcv all the lands 

which were originally granted by the Pejepscot pro- 
prietors to said Congregational Society in Brunswick 
for the use of the Ministry ; and that Jacob Abbot, 
Daniel Stone, John Perry, Joseph McKeen, David 
Dunlap, Rol)ert D. Dunning and Jacob Pencil, all of 
said Brunswick, be, and they arc hereby appointed 
Trustees for the due management of the fund that 
shall arise from said sale, to receive and hold the 
same in trust for the use and benefit of said Societv, 
and the support of a Gospel Minister therein, and shall 
constitute a body politic and corporate, to have per- 
petual succession, consisting of persons belonging to 
said Society in Brunswick, for the due and faithful 
performance of said trust, and shall be vested with all 
powers incident to corporations necessary or requisite 
for that purpose. 

Sec. 2. Be it further enacted. That the Trustees 
before mentioned, and their successors in office be^ 



BRIDGE AT SEB ASTICOOK IIIV. June 17, 1816. 203 

and hereby are authorized to receive any donations of 
money and other property that now are or may be 
made to said parish^, the annual income of which shall 
not exceed one thousand dollars, and place the same 
at interest on good security at their discretion, and ap- Donation?, 
ply the income arising therefrom to the support of such 
Gospel Minister as a majority of the Church and Con- 
gregation in said Society have or may settle, and said 
Trustees shall give bonds to said Society for the faith- 
ful discharge of their trust, to double the amount of 
their funds. 

Sec 3. Be it further enacted, That said Trustees 
sliall make annual return, in waiting, of their proceed- 
ings and disbursements, and lay the same before said 
parish at their annual meeting in March or April, for ^™"^^ '■^f"™' 
their inspection ; and shall^ at all times, be held ac- 
countable to said parish for the expenditure of the in- 
come aforesaid. 

Sec. 4. Be it farther enacted, That when any va- 
cancy happens in said Board of Trustees or their suc- 
cessors, either by death, resignation or removal, the 
said Trustees shall fill said vacancy within thirty days, Vacancies fiUed 
and if they neglect so to do, then the said Congregation- 
al Society, at any meeting legally warned for that pur- 
pose, shall have power to fill such vacancy. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace, within and for the county of Cumberland, •^"s^'?«= ^" ^^^^ 
shall, on application of a majority of said Trustees, 
fix the time and place for calling the first meeting of 
said Trustees. 

[Approved by the Governor, June 17, 1816.] 



CHAP. XX. 

An Act to incorporate Matthias Weeks and his asso- 
ciates, for the purpose of building a Bridge o\e,v Se- 
ba'sticook river in the town of Clinton. 

Sec. 1. jjE it enacted by the Senate and House of 
'Representatives in General Court assembled, and by 
the authority of the same, That Mattliias Weeks, witJi ^':J!!l^l '"''°^- 
such others as may hereafter associate witlj him, and 



304 BRIDGE AT SEBASTICOOK RlV. June 17, 1816. 

their successors and assigns, shall be a Corporation 
by the name of The Proprietors of Sebasticook Falls 
Bridge, and by that name may sue and be sued to 
final judgment and execution, and may do and sufl'er 
all such matters, acts and things, which bodies politic 

MavsiieandUemay and ought to do and suffer; and that said Cor- 
poration 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 Corporation 
shall be, and they are hereby authorized to erect a 
Piridge over Sebasticook river, at such place on said 
river between Grant's Mills, so called, in Clinton, and 
the head of the dam to the Philbrook Mills, so called, 
in said town, as the proprietors shall judge will best 
insure its safety, and serve the public interest. And 
the said Corporation are hereby authorized, if they 
shall think it expedient, to use all such parts of the 
old Bridge on said Falls, as may be useful in carrying 
the objects of this Corporation into effect, and the 
same to dispose of as they shall think proper ; 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. 

Sec. S. Be it Jiirther enacted. That the above 
named Matthias Weeks may call the first meeting of 
the said proprietors by personal notice, or by a written 
notification left at the usual place of abode of each of 

Meetings. gj^jd proprictors, fifteen days at least prior to the 
time appointed for such meeting, and the said pro- 
prietors by a vote of a majority of those present, ac- 
counting and allowing one vote to each share : {Pro- 
vided no person, either by his own right or by proxy, 
or by both, shall be entitled to more than five votes,) 
shall choose a Clerk w ho shall be sworn to the faithful 

voios. discharge of the duties of his office, and at tlte same 

time, or at any subsequent meeting, choose such other 
officers as may be found necessary for managing the 
business of said Corporation, and shall agree on a 
method of calling future meetings ; and at the same 
time, or at any subsequent meeting, may make and 

T{.i s rrui re-establish such rules and regulations as shall be deem- 

- =k ■ i) )■ . ed convenient and necessary for regulating said Cor- 



BRIDGE AT SEBASTICOOK RIV. June 17, 1816. 205 

poration, effecting, completing and executing the pur- 
pose aforesaid, and for collecting the toll herein grant- 
ed ; and the same rules and regulations may cause to 
be observed and executed, and for the breach of any 
of them, may order and enjoin fines and penalties not 
exceeding ten dollars; provided that said rules andPiwisa 
regulations be not repugnant to the Laws and Consti- 
tution of this Commonwealth. 

Sec. 3. Bp it further enacted^ That atoll' be, and 
hereby is granted and established for the use and bene- 
fit of said Corporation, according to the rates following, 
viz. : For each foot passenger, or one person passing 
said Bridge, two cents ; one person and horse, six and 
one quarter cents; each single horse cart, sled orRat^ofToiL 
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 ; each single horse and chaise, chair or 
sulkey, ten cents ; neat cattle and horses exclusive of 
those rode on, or in carriages, carts or waggons, pass- 
ing said Dridge, 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 shall 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 toll ; 
and at all times v.hen tiie toll gatherer shall not attend 
his duty at the said ]5ridge, the gate or gates shall be 
left open ; and the toll shall commence on the first day 
of opening said Bridge for passengers, and shall con- 
tinue for and during the space of seventy-five years 
from the said day, and collected as shall be prescribed 
by said Corporation; provided the said proprietors Provim 
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, there shall be 
constantly kept on aboard or sign, exposed to open 
view, the rates of toll in legible letters. 

Sec. 4. Be it further enacted, That if the said 
Corporation shall neglect or refuse, for the space of two 



«06 BAP. SOCIETY IN BARRE. June 17, 1816. 

years from the passing of this act, to build and coni-^ 
plete said Bridge, then this act shall be void and of no 
effect. 

Sec. 5. Be it further enacted^ That at the expira- 
tion of ten years from the opening said Bridge, the 
Toh"'"**''^ °f General Court may regulate anew the rates of toll 
receivable thereat. 

[Approved by the Governor, June 17? 1816.] 



CHAP. XXI. 

An Act to incorporate the First Baptist Society in 

Barre. 

Sec. 1. JjE it enacted by the Senate and House of 
llepresentatives in General Court assembled^ and hy 
the authority of the same, That Job Sibley, Daniel 
Harwood, Elias Chase, James Adams, Palmer Adams, 
PeisoBsinLoi- William Ho\Y, Jesse Harwood, James T*^evvcomb, Da- 
poratcd. ^j^j Wadsworth, Asa Newell, Abner Harwood, War- 
ren Sibley, Charles Sibley, Solomon W. Davis, Jason 
Fiske, Isachar Adams, Charles Newcomb, Henry 
Brigham, jun. Hartshorn Marsh, Jacob Waite, Isa«,c 
Follett, James Conant, Amos Ciark, Wilcut Harwood, 
W^illiam Henry, Caleb Harwood, Forbes Hinds, Si- 
las Knight, jun. Cyrus Varncy, Jonas Underwood, 
David Knight, Joel Bacon, Schuyler Adams, Simeon 
Metcalf, Sarauel 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 pa- 
rishes in this Commonwealth by law enjoy. 

Sec S. Be it further enacted, T\mi?.ny\iQ.vsoi\who 
may at any time Iiereafter, 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 



BAP. SOCIETY IN BARRE. Jane 17, 1816. 207 

meeting therein to be held in the month of March or 
April annually, shall^ from and after giving such cer= 
tificate, with liis or her polls and estate, be considered 
as a member of said Society : Provided lioivever, that 
such person shall be held to pay his or her proportion 
of all monies assessed or voted in the parish to which 
he or she belonged previous to that time. 

Sec. 3. Be it further enacted, That when any mem- 
ber of said Society shall see cause to leave the same 
and unite in religious worship with any other religious 
Society in the town or parish in which he or she may 
live, and shall give in his or her name to the Clerk of Conditions of 
the Baptist Society aforesaid, signed by the Minister teS"''"""'""'' 
or Clerk of the parish or other Society, Avith 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 pre- 
vious 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. 

Sec. 4. Be it furthar enacted, That any Justice of 
the Peace within and for tlie county of Worcester, on 
the application of any three of the persons aforenamed justice to issue 
in the first section of this act, be, and hereby is author- ^^"^'"• 
ized to issue his warrant to one of said applicants, re- 
quiring him to w arn the Members of said Society qua- 
lified to vote in parish affairs, to assemble at some sui- 
table 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 
ui said Society. 

[Approved by the Governor, June i7p 1816.] 



2:r 



SOS FRANKLIN CHARIT. SOC'Y. Jmz il, 1816. 

CHAP. XXII. 

An Act to incorporate the Franklin Charitable Society, 

Sec. 1. JdE it enacted by the Senate and House of 
'Representatives in General Court assembled^ and by 
the authority of the same. That Elijah Alvord, second, 
Perfions incor- Hooker Leavitt, and Greorge Grrennell, jun. Esquires, 
porae . ^^^ Revcreud Titus Strong, Messrs. Thomas W Rip- 
ley, Franklin Ripley, Thaddeus Coleman, Patrick 
Welles, John Denio, Ebenezer Newcomb, jun. and 
Ansel Phelpsj together with such others as may be 
admitted members of the Corporation hereby created 
according to the bye-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 for- 
ever, with power to have a common seal, to make 
contracts relative to the objects of their institution, to 
sue and be sued, to establish bye-laws and orders for 
the regulation of said Society, and the preservation 
and application of the funds thereof, to take, hold and 
May hold reaiposscss any cstatc rcal or personal by subscription, 
estate. gjf^^ grant, purchase or otherwise, and the same to 

lease or otherwise improve, and sell and convey, for 
Piwiso. the sole benefit of said institution ; provided the said 

bye-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 Society shall be always im- 
proved and appropriated to benevolent and humane 
purposes only. 

Sec. 2. Be it further enacted, That the time and 
place of tlie first meeting of said Society may be ap- 
. pointed by Hooker Leavitt, Esqr. by his giving person- 

ee ngs. ^^ noticc tlicreof to all the 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 establish 
bye-laws to regulate their said Society. 

[[Approved by the Governor, June 17; 1816,] 



LTVERPOOL-WHARF. Jiin& 17, 1816. ^09 



CHAP. xxm. 

An Act to incorporate the Proprietors of Liverpool 
Wharf, in the town of Boston. 

WHEREAS sundry persons have become pur- 
chasers of a certain real estate, situate in 
Boston, in the county of Suffolk, bounded and described 
as follows, viz. northwestardly on Purchase-street, and Bouudaiies. 
there measuring two hundred and eighty-four feet more 
or less ; south westwardly on land of Henderson Inches, 
Esq. ; southeastwardly on the channel, or lowest bound- 
ary towards the sea, and there measuring two lumdred 
and eighty-live feet more or less; northeastardly 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 privi- 
leges and appurtenances thereof; and the said pur- 
chasers have petitioned this Court, that they may be 
incorporated, for the purpose of enabling them the 
better to manage and improve their said estate : 

Sec. 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled, 
and by the authority of the same, That William Tuck- Persons incor- 
er, Ebenezer Stocker, Daniel Hastiiiirs, and Amos 



porated. 



Binney, all of Boston aforesaid, and their associates, 
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 ^**y ^^^ ^'i i»« 
and be impleaded, to have a common seal, and the^^^ 
same to alter and renew at pleasure ; to make rules 
and bye-laws for the regulation and management of 
said estate, consistent with the Laws of the Common- 
wealth ; and generally to do and execute whatever bye- 
law shall appertain to bodies politic : Provided always, ^i^oyiso. 
that nothing herein contained shall be construed into 
any confirmation or acknowledgment of title in the 
said associates or Corporation, or into any grant or 
authority to extend the dimensions of said wharf. 
Sec. 3. Be it further enacted^ That the said Cor- 



Sia LIVERPOOL-WHARF. June 17, I8l6, 

poration l3e, and hereby is declared capable to have^ 
lioldj and possess all the said real estate, with the ap- 
purtenances thereof; provided the lawful proprietors 
thereof shall legally convey the same to said Corpor- 
ation ; and the said Corporation shall have power to 
May sell or a-gdl eraut, and alien in fee simple, or otherwise, their 

lien coi-porate ■ i i n o ^l^ • l^ 

property. corporatc property, or any part thereoi, withm the 
limits aforedescribed, and to lease, manage, and im- 
prove the same according to the will and pleasure of 
the said Corporation to be expressed at any legal 
meeting. 

Sec. 3. Be it further enacted, That the said cor- 
porate property shall be divided into shares not ex- 
ceeding five hundred in number, as the said Corpor- 

shares. atiou may find to be most expedient; and said shares 

shall be divided among the several proprietors accord- 
ing to the interest and portions, which they may res- 
pectively have in the said corporate property ; and 
certificates of such shares shall be signed by the Pre- 
sident 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 property in such shares shall be 
vested in the assignee or vendee thereof, when a rec- 
ord shall be made thereof by the Clerk of the Corpor- 
ation, and new certificates shall be issued accordingly; 
and such shares shall in all respects be considered as 
personal estate. 

Sec. 4. Be it further enacted, That the said Cor- 

Assessments, poration shall have power, from time to time, to assess 
such, sums of money, as may be deemed necessary for 
rebuilding or repairing any buildings, wharves, or 
other property of said Corporation, 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 
proprietor shall refuse or neglect to pay any assess- 
ment, the said Corporation may cause such of the 
shares of such proprietor, as may be sufficient tliercfor, 
to be sold at public auction, after ten days notice, to 
the highest bidder ; and after deducting the amount 
;issessed and unpaid, together with the charges of sale, 



LIVERPOOL-WHARF. June 17, 1816. Sll 

the surplus, if any, shall be paid over to such propri- 
etor ; 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. 

Sec. 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 ex- 
ceed in value the sum of two hundred thousand dol- 
lars. And in all meetings of the members of said 
Corporation, for the transaction of business, each mem- 
ber or proprietor shall be entitled to one vote for every 
share by him held in said Corporation ; provided al- shares. 
ways, that no one member shall ever be entitled to 
more votes than shall be equal to one fourth part in Votes. 
value of the corporate property : ^nd provided fur- 
ther, 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 repre- 
sented 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 public- 
ation thereof in one or more newspapers printed in 
Boston. — Proprietors may appear and act at any meet* 
ing by proxy in writing. 

Sec. 6. Be it further enacted, That either of them, 
the said Tucker, Stocker, Hastings and Binney may Meetings, 
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. 

[Approved by the Governor, Jane 17? 1816.] 



iU2 COURT OF COMMON PLEAS. June ly, 1816. 



CHAP. XXIV. 

An Act to establish the times and places for holding 
the Circuit Court of Common Pleas, within and for 
the counties of Hancock and Penobscot. 

Sec 1. JjE it enacted hy the Senate and House of 
Repre9entatives in General Court assembledf and hy 
the authority of the same, That from and after the 
twentieth day of June current, the times and places 

Court Terms, for holding thc scvcral terms of the Circuit Court of 
Common Pleas withiu the counties of Hancock and 
Penobscot, instead of the times and places now desig- 
nated hy law, shall be, and liereby are established as 
follows, viz : at Castine, in the county of Hancock, on 
the third Tuesday of March, the second Tuesday of 
July, and the third Tuesday of November, in each 
and every year ; and at Bangor, within and for the 
county of Penobscot, on the second Tuesday of March, 
tne first Tuesday of July, and the second Tuesday of 
November annually. 

SiC. 2. Beit further enacted, That the session bu- 

fimeiimked. siucss coguizablc by said Courts, shall not be commen- 
ced by the Justices thereof, at any term hereby estab- 
lished in the said counties of Hancock and Penobscot, 
earlier than Thursday of each week of said terms. 

Sec. 3. Be it further enacted, That all appeals, re- 
cognizances and other processes that now are, or may 
hereafter be, prior to the said twentieth day of June 

Appeals, &e. current, commenced or sued out, returnable to, contin- 
ued in, or pending in said Courts, as heretofore by law 
established, shall be returnable, entered and continued 
to, pending in, prosecuted, tried, determined and ad- 
judged, at the said Courts respectively to be hold- 
en by virtue of this act. 

[Approved by the Governor, June 17; 1816.] 



INDIA INSURANCE COMP. June 17, 1816. 213 

CHAP. XXV. 

An Act to establish the India Insurance Company* 

Sec. 1. Be ?f enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
th(> authority of the same, That Jesse Putnam, David Persons incor/ 
Hinckley and James Prince, and all such persons as^"™*^^ ' 
have already or shall hereafter become Stockholders 
in the said Company, be, and hereby are incorporated 
into a company and body politic, by the name of The 
India 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, ap- Powers, 
pear, prosecute and defend to final judgment and exe- 
cution ; and have a common seal, which they may al- 
ter at pleasure, and may purchase, hold and convey 
any estate, real or personal, for the use of said Com- 
pany, subject to the restrictions hereinafter mentioned. 

Sec. 2. Be it further enacted, That the capital stock 
of the said Company shall be divided into shares of one 
hundred dollars each, which shall be paid into the said 
Company in the manner provided in the ninth section 
of this act ; and the whole number of shares shall be 
two thousand ; and the whole capital stock, estate and stock, 
property which the said Company shall be authorized 
to hold shall be two hundred thousand dollars, exclu* 
sive of premium notes, and profits arising from the bu- 
siness of said Compiuiy ; of which capital stock, not 
more than twenty thousand dollars shall, at any time, 
be invested in real estate. 

Sec. 3. Beit further enacted, That the stock, pro- 
perty, affairs and concerns of the said Company shall 
be managed and conducted by five Directors, one of 
whom sliall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and ne 
longer ; and who shall at the times of their election be Election of Di- 
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 a place in the town of Boston, as a majority of the 



ai4 INDIA INSURANCE COMP. June 17, 1816. 

Directors for the time being shall appoint, of which 
election public notice shall be given in at least two of 
the newspapers printed in the town of Boston, and con- 
tinued for the space of ten days immediately preceding 
such election : and the election shall be holden under 
the inspection of three Stockholders, not being Direc- 
tors, and the election shall be made by ballot, by a 
majority of the votes of the Stockholders present, al- 
lowing one vote to each share in the capital stock ; pro- 
Pmiso. vided that no Stockholder shall be allowed more than 
ten votes ; and the Stockholders not present may vote 
by proxy, under such regulations as the Company may 
prescribe. And if, through any unavoidable accident, 
the said Directors shall 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, and no Director of any other Insurance 
Company within this Commonwealth, shall at the same 
time be a Director of the Corporation hereby estab- 
lished. 

Sec. 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 per- 
son to be President, who shall be sworn faithfully to 
discharge the duties of his office, and who shall preside 
for one year, and in ease of the death, resignation or 
inability to serve of the President or any Director, such 
Vacancies mica 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 resi3ecting annual elections for 
Directors. 

Sec. 5. Be it further enacted, That the President 
and two of the Directors, or three of the Directors in 
RoirdofDiicc-the abscuce of the President, shall be a Board compe- 
^"^^ tent to the transaction of business, and they shall have 

power to make and prescribe such bye-laws, rules and 
regulations, as to them shall appear needful and pro- 
per touching the management and disposition of the 
stock, property, estate and effects of said Company, and 
the transfer of the shares ; and touching the duties and 
conduct of the several Officers, Clerks and Servants 
employed and the election of Directors, aiid all sucl^ 



India insurance comp. iime is, isie. uo 

matters as appertain to the business of Insurance, anil 
shall also have power to appoint a Secretary and sa 
many Clerks and servants fur carrying on said busi- 
ness, and with such salaries and allowances to them, 
and to the President, as to the said Board shall seem 
meet; provided that such bye-laws, rule^j and regu- 
lations shall not be repugnant to the Constitution or 
Laws of this Commonwealth. 

Sec. 6. Be it farther enacted, That there shall be 
stated meetings of the Directors, for the despatch of bu- stated meet^^ 
siness ; and the said Board of Directors shall have'"^^ 
power and authority, on behalf of the Company, to 
make insurance on vessels, freight, money, goods and 
effects, and against captivity of persons during their 
absence at sea, and to fix the premiums and terms of 
payment. And all Policies of Insurance by them made^ 
shall be subscribed by the President, or in case of his 
death, sickness, inability or absence, by any two of the 
Directors, and countersigned by the Secretary, and 
shall be binding and obligatory upon the said Compa- 
ny, and have the like elfect and force as if under the 
seal of the said Company ; and all losses duly arising 
under any policy so subscribed may be adjusted and set- 
tled by the President and Soard of Directors, and the 
4ame shall be binding on the Company. 

Sec. 7. t^e it further enacted, That it shall be the 
duty of the Directors, on the first Monday of July and 
January in every year, to make dividends of so much ofDivideuas, 
the interest arising from their capital stock, and the 
profits of said Company, as to them shall appear ad- 
visable ; but the monies received, and notes taken for 
premiums on risks, which shall be undetermined and 
outstanding at the time of making such dividends, shall 
not be considered as part of the profits of the Compa- 
ny. And in case of any loss or losses, whereby the 
capital stock of the Company shall be lessened before 
all the instalments are paid in, each Proprietor or Stock* 
holder's estate sl'a 1 be held accountable for the instal- 
ments that may remain unpaid on his share or shares at 
the time of such loss or losses taking place ; and no sub- 
sequent dividend shall be made until a sum arising from 
the profits of the Company equal to such diminution 
shall have been added to thii capital ; and that oiace in 
S8 



216 INDIA INSURANCE COMP. June 18, 1816. 






Invpftmcnt of 
^tock. 



f tock attach- 
able. 



every three years, and oftener, if required by a majori- 
ty of the votes of the Stockholders, the Directors shall 
lay before the Stockholders at a general meeting, an 
exact and particular statement of the profits, if any 
there be, after deducting losses and dividends. 

Stc. 8. ^Je it further enacted, That the said Com- 
pany shall not directly nor indirectly deal or trade in 
buying or selling any goods, wares, merchandize or 
commodities whatsoever ; and the capital stock of said 
Company, after being collected at each instalment, 
shall, witliin six months, be invested either in the fund- 
ed debt of the United States, or of this Commonwealth, 
or in the stock of tiie United States Bank, or of any 
incorporated Bank of tliis Commonwealth, in either or 
all of them, and in sucli proportion as may be most for 
the interest of said Company, at the discretion of 
the President and Directors of said Company, or of 
such other person or persons as said Stockholders 
shall for such purpose at any meeting appoint. 

Sec. 9. Be it further enacted. That fifty dollars on 
each share in said Company shall be paid in money, 
within twenty days after the first meeting of said Com- 
pany, and the remaining sum of fifty dollars on each 
share shall be paid in money within one year after- 
Avards, by such equal instalments and under such pen- 
alties as the Company shall direct. 

Sec. 10. Be it further enacted, That the property of 
any Member of said Company vested in the stock of 
said Company, with the dividend or dividends due 
thereon, shall be liable to attachment and execution, in 
favor of any bonafide creditor, in manner following, 
■viz. whenever a proper officer, having a writ of attach- 
ment and execution against any such Member, shall 
apply with such writ or execution, to the Secretary of 
said Company, it shall be the duty of said Secretary 
to expose the books of the Corporation to such officer, 
and furnish him with a certificate under his hand, in 
his official capacity, ascertaining tlie number of shares 
the said Member holds in said Company, and the a- 
mount of the dividend or dividends due thereon ; and 
when any such share or shares shall be attached on 
mesne process, or taken in execution, an attested copy 
of such writ of attachment or execuiion shall be left 



INDIA INSURANCE COMP. June 18, 1816. 217 

with said Secretary, and such share or shares may he 
sold on execution, after tlie same notification of the 
time and place of sale, and in the same mode of sale 
as other personal property ; and it shall be the duty of 
the oflicer making such sale, within ten days tliereafter, 
to leave an attested copy of the execution with liis re- 
turn thereon, witli the Secretary of the Company, and 
the vendee shall thereby become the proprietor of such 
share or shares, and entitled to the same, and to all the 
dividends which shall have accrued thereon after tlic 
taking in execution as aforesaid ; or when there shall 
liave been a previous attachment, after such attachment, 
notwithstanding any intervening transfer. 

Sec. 11. Be it further enactedy That incase of any 
loss or losses taking place, that shall be equal to the a- Pei-sonai estate 
mount of the capital stock of the said Company, and the Jascs '" '^^ 
President and Directors, after knowing of such loss or 
losses taking place, shall subscribe to any Policy of 
Insurance, their estates jointly and severally shall be 
accountable for tlie amount of any and every loss that 
shall take place under policies so subscribed. 

Sec. 12. Be it further enacted, That the President 
and Directors of the said Company shall, previous to 
their subscribing to any policy, and once in every year Yearly ac- 
after, publish in two of the newspapers, printed in the*^"*^"*" 
town of 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 ; Provided nevertheless, ivoviso. 
that the said President and I)irectors shall not be al- 
lowed to insure on any one risk, a larger sum than se- 
ven and an half per centum of the amount of the cap- 
ital stock of said Corporation actually paid in. 

Skc. 13. Be it further enacted. That tlie President 
and Directors of the said Company shall, when and shaii report to 
as often as^required by the Legislature of this Common- '^^^'^^*^'^'''' 
wealth, lay before them a statement of the affairs of 
said Company, and submit to an examination concern- 
ing the same, uwder oath. 

Sec. 111. Be it further enacted, That Jesse Putnam 
be, and hereby is authorized to call a meeting of the Meetings caii- 
Members of said Company as soon as may be, in Bos-'''^ 
ton, by advertising the same for ten days in two of the 
newspapers, printed in said town, for the purpose of 



2iS KEEPING OF GUNPOWDER. June 18, 1816. 

their electing a first Board of DireetorSj who shall con» 
tiime in office until the second Monday in January^ 
one thousand eight hundred and seventeen. 

[Approved by the Governor, June 18, 1816.] 



^3^ 



der. 



CHAP. XXVI. 

An Act regulating the storage, safe-keeping, and trans- 
portation of Gunpowder, in the town of Boston. 

Sec. 1. JdE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That no ship or other vessel. 
Landing Pou-on board of which Gunpowder shall be laden, shall 
lay at any wharf in the town of Boston, nor within 
two hundred yaids of any wharf within said town. 

Sec. 2. Be it further enacted, That when any Gun. 
powder shall be landed in the town of Boston, from 
on board any ship or other vestsel laying in the harbor 
Where to le of Boston, the samc shall be brought to and landed at 
Tileston's wharf, so called, in said town, and shall be 
immediately carried from the place of landing, to the 
public Powder- house, on Pine Island, in the town of 
be Roxbury, either in boats, or in a waggon or waggons, 
cart or carts, or other carriage closely covered with 
leather or canvass, and without any iron on any part 
thereof, and which shall have been approved by the 
Firewards of the town of Boston, and marked in cap- 
ital letters with the words, APPROVED POWDKIi 
CARRIAGE ; and that when any Gunpowder shall 
be intended to be laden on board any ship or other 
vessel in the harbor of Boston, the same shall not be 
brought through any part of the town of Boston by 
land, unless the same be brought in a waggon, cart, 
or other carriage, made and approved as aforesaid, nor 
unless such Gunpowder be brought to Tileston's wharf 
af(»resaid, and be thence carried directly on board the 
ship or other vessel, on board which the same is to 
be laden. 

Sec. 3. lie it further enacted, That no person or 
persons, not in public service or on military duty, shall 



landecj. 



Whei-p to 
dcpobited. 



KEEPING OF GUNPOWDER. June 18, 1816. S19 

keep, have, or possess in any house, warehouse, 
shop, or other building, nor in any street, lane, alley 
or passage-way, yard or cellar, nor in any waggon, 
cart, or otiier carriage, nor on any wharf, nor on board Limitation of « 
any ship or other vessel, nor in any place wiihiu the^^™^^^^' ^ 

town of Boston, Gunpowder in any quantity exceed- 
ing five pounds, in any way or manner otherwise than 
as by this act is permitted and allowed. 

Sec. 4. Be it further enacted, That the Firewards -,^ 

of the town of Boston be, and they hereby are au- 
thorized and empowered to make rules and regulations Rules and Re, 
from time to time, in conformity with which, all Gun- I-Jfrjids"' 
powder which is, or which may be within the town of 
Boston, shall be kept, had, or possessed within said 
town ; and no person or persons whomsoever shall 
have, or keep, or possess, within the town of Boston, 
any Gunpowder in any quantity, manner, form or 
mode, other than may be prescribed by the rules and 
regulations aforesaid ; nor shall it be lawful for any 
person or persons to sell any Gunpowder which is 
within the town of Boston, in any quantity, by whole- 
sale or by retail, without having first obtained from tho 
said Firewards a license to sell Gunpowder; and ev- 
ery such license shall be written or printed, and duly 
signed by said Firewards, or by their Secretary, upon 
a paper whereon shall be printed and duly signed by 
said Firewards or by their Secretary, the rules and 
regulations which may be by them established as a- 
foresaid. 

Sec. 5. Be it further enacted. That every license 
which the said Firewards may issue as aforesaid, shall 
be in force for the term of one year from the date Licenses 
thereof, and no longer, and may be at the end of that 
time renewed by endorsement thereon by said Fire- 
wards, or by their Secretary, from year to year ; pro- 
vided always, that the said Firewards may annul any 
license which they may have issued, if, in their opinion, 
the person or persons licensed has or have forfeited the 
right to use the same by infringing any of said rules 
and regulations. 

Sec. 6. tie it further enacted, That the said Fire- 
wards, or any of them, may enter the store of any per Fiev.aidsmay 
son or persons, who may have been licensed to gell^"'''^'^^"^''^" 



•SS^F 



2^0 KEEPING OF GUNPOWDER. June 18, 1816. 

Gunpowder, when there shall be any alarm of fire, and 
may cause the Powder there deposited to be removed 
to a place of safety. 

Sec. 7" ^e it further enacted. That any person or 
persons who shall keep, have or possess any Gunpow- 
der within the town of Boston, or shall sell the same 
contrary to the provision of this act, shall forfeit and 
lines pay a fine of not less than one hundred dollars and not 
exceeding five liundred dollars for each and every of- 
fence ; and if any Gunpowder shall explode in any 
ehop, store or warehouse, or otlier building, or in any 
place, the occupant, tenant, or owner of which has not 
been licensed to sell Gunpowder therein, such occu- 
pant, tenant or owner of such building or place, shall 
forfeit and pay a fine of not less than five hundred dol- 
lars and not exceeding one thousand dollars ; one 
moiety of the sums which may be so forefeited shall 
accrue to the use of the poor of the town of Boston, and 
the other moiety to the use of any person or persons 
who shall prosecute and sue for the same, which for- 
feitures may be recovered by action of the case in any 
Court proper to try the same. 

Sec. 8. Be it further enacted. That all Gunpowder 
which shall be had, kept, or possessed within the town 
of Boston, contrary to the provisions of this act, may 
>eizurcF.be seized by any one or more of the Firewards, and 
shall within twenty days next after the seizure thereof, 
be libelled by filing in the oflSce of the Clerk of the Mu- 
nicipal Court of the town of Boston, aliliel, stating the 
time, place and cause of seizure, and a copy of said li- 
bel shall be served by the Sheriff of the county of Suf- 
folk, or his Deputy, on the person or persons from 
whose possession or tenement the said Gunpowder shall 
have been seized, by delivering a copy thereof to such 
person, or leaving such copy at his, her or their place 
of dwelling in Boston, fourteen days at least before the 
sitting of the Court, tliat such person or persons may 
appear and show cause why the Gunpowder so seized 
or taken, should not be adjudged forfeit — and if the 
Gunpowder so seized shall be adjudged forfeit, the per- 
son or persons in whose possession the same was seiz- 
ed, or the occupant or tenant of the place wherein the 
same was seized, shall pay all costs of prosecution, 



KEEPING OF GUNPOWDER. June 18, 1816. 221 

and execution shall be issued therefor : Provided, that 
it shall appear to the Court that the person or persons 
aforesaid had notice of the prosecution by service of 
the libel as aforesaid. 

Sec. 9. Be it further enacted, That every person 
who shall suifer injury by the explosion of any Gun- 
powder, had, possessed, or being within the town of 
Boston, contrary to the provisions of this act, may have 
an action of the case in any Court, proper to try the 
same, ajrainst the owner or owners of such Gunpow- Actions fm 

er, or against any other person or persons who may 
have had the possession or custody of such Gunpow- 
der at the time of the explosion thereof, to recover 
reasonable damages for the injury sustained. 

Sec. 10. Be it further enacted, That it shall and 
may be lawful for any two or more of the Fireveards 
of the town of Boston, to enter any building or other 
place in the town of Boston, to search for Gunpowder, Search wa-- 
wiiich they may have reason to suppose to be con- 
cealed, or kept contrary to the provisions of this act, 
first having obtained a search warrant therefor accord- 
ing to law. 

Sec. 11. Be it further enacted, That every person 
who shall receive a license to sell Gunpowder as afore- 
said, shall pay for the same the sum of five dollars ; 
and every person on having a license renewed shalU'ces. 
pay therefor the sum of one dollar, which sums shall 
be paid to the Secretary of the Firewards aforesaid, 
to and for the use of said Firewards, for the purpose 
of defraying the expenses of carrying this act into 
execution. 

Sec. 12. Be it farther enacted. That an Act passed 
on the twelfth day of March, in the year of our Lord 
one thousand eight hundred and twelve, entitled "An 
act in addition to acts regulating the storage, safe kcep-Foimefiav/n> 
ing and transportation of Gunpowder within tlie town^"^'^'^'* 
of Boston," be, and the same is hereby repealed, and 
that all acts passed before the said last mentioned act, 
the provisions whereof come within the purvie^y of this 
act, be and the same hereby are repealed. 

Sec. 13. Be it farther enacted, Tliat the fines, for- 
feitures and penalties, not otherwise disposed of by 
this act. shall accrue and be one moietv thereof to the 



MERRIMACK RIV. ASSO. 



June 19, i816. 



DlTision of 
Fines. 



use of said Firewards, and the other moiety to the use 
of the poor of the said town, and be paid over to the 
overseers of the poor accordingly. 

Skc. 14. Bp it further enacted, That this act shall 
be in force from and after the passing thereof, and 
that it shall be the duty of tlie Firewards aforesaid 
to cause the same to be published in two or more of 
Si^^^*^^"" "^ ^^^® Boston newspapers, together with such rules and 
regulations as they may establish by virtue of the pow- 
er hereby given to them, and to continue the publi- 
a,tion thereof, three weeks successively. 

[Approved by the Grovernor, June 18, 1816.] 



CHAP. XXVII. 

An Act incorporating William Bartlet and others, by 
the name of the Merrimack River Association. 



"Persons iucoi'- 
pbi-ated. 



Meetings call- 
ed. 



Sec. 1. 15 E it enacted bij the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same, That William Bartlet, Mo- 
ses Brown, John Pettingel, David How, Thomas Kit- 
tridge, John Greanleaf, Ebenezer Wheelwright, Ste- 
phen Howard, Thomas M. Clark, John Pearson, An- 
thony Davenport, Moses Davenport, Thomas Carter, 
Joshua Carter, Abner Wood, John Wood, Jonathan 
Gage, Edmund Kimball, Isaac Adams, Peter Le Bre- 
ton, Ebenezer Moseley, William B. Bannister, Ed- 
ward S. Rand, their associates and successors, are here- 
by incorporated, and shall be a Corporation forever, un- 
der the name of The Merrimack River Association, 
and by that name may sue and prosecute, and be sued 
and prosecuted to final judgment and execution ; and 
shall be and liereby are vested with all the powers and 
privileges, which are by law incident to Corporations 
of a similar nature. 

Stc. 2. Be it further enacted, That William Bart- 
let. Moses Brown and John Pettingel, or any two of 
them, are hereby authorized to call a meeting of the 
Members of said Association, as soon as may be, at 
!Nevvburyport^ in the county of Essex, by advertising 



MERRIMACK RIV. ASSO. June 19, 1816. S23 

the same ia the newspapers, printed in Newburyport 
and Haverhill, fourteen days at least, previous to the 
holding of said meeting, for the purpose of electing a 
Clerk, Treasurer and such other officers as they may 
judge necessary, for ordering and regulating the busi- 
ness and affairs of said Corporation ; to agree on the 
mode of calling future meetings, and to do and trans- Meetin-s re- 
act such matters and things, as shall then and there bes^a^^'i^ 
thought proper, relating to said Corporation ; and every 
proprietor who shall subscribe to the amount of twen- 
ty.five dollars, for the purposes of the Corporation, 
shall be entitled to a vote in the proprietors' meetings, 
in person or by representation under a special appoint- 
ment in writing, and one additional vote for every hun- votes: 
dred dollars so subscribed ; and this act and all rules 
and regulations and votes of said Corporation shall be 
fairly and truly recorded by the said Clerk, in a bookcieik'sreeora:s 
ta be kept for that purpose ; and the said proprietors, 
at any legal meeting, may make and agree upon all 
such rules, regulations and bye -laws, (not repug- 
nant 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. 

Sec. 3. Be it furtJiPr enacted, That the said Cor- 
poration be, and they are hereby authorized to erect 
such a number of locks as may be found necessary for Locks, 
the more easy and convenient navigation of the said 
river ; and for that and other purposes of the Corpor- 
ation, to take, occupy and enjoy in fee simple, any 
lands adjoining the said river, necessary for their pur- 
poses, they paying therefor in manner hereafter 
provided. 

Sec. 4. Be it further enacted, That if any person 
shall suffer any damage by means of the said Corpora- 
tion appropriating any of his, or her property, or lands, 
for the above purposes, and the parties cannot agree up- 
on the amount of the value of the damages thus occasion- Damages made 
ed nor upon some suitable person or persons to estimate ^°'^^' 
the same, then three disinterested persons shall be ap- 
pointed by the Circuit Court of Common Pleas, with 
the Session Justices associated with said Court, and 
having jurisdiction in the several and respective coun 
29 



^24 JUSTICES OF S. J. COURT. June 19, 1816, 

ties of Essex and Middlesex, in cases happening in 
those counties respective!}', whose award shall be the 
Proviso, measure of damage ; Provided nevertheless, that if 
either party shall be dissatisfied witli 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 oatb^ 
to be summoned by 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 ap- 
plying a larger sum than the referees have awarded as 
aforesaid, then the Court shall award costs against the 
party applying ; but if the last decif»ion shall be more 
favorable to the party applying than the decision of the 
referees, then the Court shall award costs against the 
party not applying ; and the Court shall render judg- 
ment and issue execution thereon accordingly : Pro- 
vided that no part of the Jury to be summoned as afore- 
said, shall be taken from the town, in which the owner 
of the property lives, or the lands are situated. 

Sec. 5. Be it further enacted, That no member of 
said Corporation shall be compelled to pay for the pur- 
Sumnmited, poses of said Corporation any greater or larger sum. 
than the sum he shall actually subscribe. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXVIII. 

An Act extending the powers of the Justices of the 
Supreme Judicial Court in certain cases. 

Sec, 1. JjE it enacted hy the Senate and House of 
JRepresentaiives in General Court assembled, and hy 
the authority of the same, That whenever any person, 
who is or may be arrested and in custody, or in prison, 
to answer for any crime or crimes, offence or offences, 
before the Supreme Judicial Court, shall be acquitted 
thereof by the Jury of trials, or shall not be indicted 



JUSTICES OF S. J. COURT. June 19, 1816. 225 

by the Grand Jury, by reason of the insanity or mental CasM of insa- 
derangement of such person, and the discharge, or go- "^^" 
ing at l?;fge of such person shall be deemed, by the 
same Court, to be dmgerous to the safety of the citi- 
zens, or to the peace of the Commonwealth, the said 
Court be, and hereby is auftiorized and empowered to 
commit such person to prison, there to be detained till 
he or she be restored to his or her right mind, or other- 
wise delivered by due course of law. And every per- 
son so committed shall be kept at his or her own ex- 
pense, if he or she have estate sufficient for that pur- 
pose ; otherwise at the charge of the person or town 
upon whom his or her maintenance would have been 
legally chargeable, if he or she liad not been committed 
as aforesaid- 

Sec. 2. Be it further enacted. That whenever the 
Grand Jury, upon any inquiry, which they may hereaf- 
ter make, as to the commission of any crime or offence 
by any person, shall omit to find a bill for the cause a- 
foresaid, it shall be the duty of such Jury to certify Duty of ju^rj. 
the same to the said Court. And whenever the Jury 
of trials, upon the general issue of not guilty, shall ac- 
c^ult any person for the cause aforesaid, it shall be the 
duty of such Jury, in giving in their verdict of not 
guilty, to state that it was for such cause. 

Sec. 3. Bp. it further enacted, That any one of the 
Justices of the Supreme Judicial Court, or any two 
Justices of the Peace, quorum unus, wiihliiihuir coun-^^^^ev oUud- 
ty, may discharge from confinement any such person, ^^^' 
when it shall be made to a.ppear, to his or their satis- 
faction, that the going at large of such person will not 
be dangerous to the safety of th^ citizens and to the 
peace of the CnmiTinnivpalfh- 

Sec. 4^. Be it further enacted, That upon the appli- 
cation of any friend or friends of such lunatic person, 
the Supreme Judicial Court, or any one of the Justi- 
ces thereof, pr any two Justices of the Peace, qxiorum 
2mus, of the county in which such person is or may be 
in prison as aforesaid, be, and are hereby authorized 
and empowered to commit to the custody and safe keep- 
ing of such friend or friends, such lunatic person ; pro. Rdeaseof lu- 
vided however, that such applicant or applicants shall natics. 
Srfit give bonds with sufftcient surety or sureties to the 



KKN BANK— TAKING FISH. June 19, 1816. 

Judge of Probate for the county in wbich such lunatic 
is confined, conditioned for tlie safe keeping of such lu- 
natic person, and for the payment of all damages which 
any person shall or may sustain by reason of the acts 
and doings of such lunatic ; which bond shall be ap- 
proved by the Court, Justice or Justices aforesaid ; and 
may be put in suit, for the benefit of persons interested, 
iu the way and manner, and like proceedings may be 
thereon had, as is by law provided in case of probate 
Proviso, bonds ; provided that nothing in this act contained, 
shall deprive any person of the benefit of the writ of 
Habeas Corims. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXIX. 

Au Act in addition to an act, entitled ^^ An act to in- 
corporate the President, Directors and Company of 
the Kennebeck Bank,'' 

JjE it enacted by fJie Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the President, Direc- 
tors and Company of the Kennebeck Bank shall an- 
nually elect seven Directors, three of whom may con- 
stitute a quorum for the transaction of business, any 
thing in tlieir act of incorporation to the contrary not- 
withstanding. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXX. 

An Act to prevent the taking of Fish in a pond, (call- 
ed WinchePs pond) in Egremont, in the county of 
Berkshire. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same. That from and after the pas- 



TAKING OF FISH. June 19, 1816. S27 

sing of this act, no person or persons shall be allowed 
to put or draw any seine or seines, or put or set any 
net or nets whatsoever in the pond (called WincheFs 
pond) in the town of Egremont, in the county of Berk- 
shire, for the taking of Fish, called Pickerel ; and any 
and every person, wno 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 forpenai^ 
every such offence, and the seine or, net shall be for- 
feited to the said town of Egremont, as also all the 
Fish so taken, to be at the disposal of the Selectmen of 
said town. 

Sec. 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 incur Specific fine. 
and pay a penalty of five dollars for every such offence. 

Sec. 3. Be it further en acted ^ That all penalties in- 
curred by any offence against this act, may be sued for 
and recovered in an action of debt, by the Treasurer 
of the said town of Egremont, for the time being, be- 
fore any Justice of the Peace in said county of Berk- 
shire, who does not belong to the town of Egremont a- 
foresaid ; and all sums of money, so recovered, shall 
be appropriated to the use of said town ; and in case Appropriation 
any minor or minors shall offend against this act or any°' ^"^^^ 
part thereof, and thereby incur any of the penalties a- 
foresaid, the parent, master, or guardian of such minor 
or minors shall be answerable therefor ; in which ca- 
ses the action shall be commenced against such parent, 
master or guardian (as the case may be) of such minor 
or minors respectively, and judgment rendered accord- 
ly in the same manner and degree as for his or their 
personal offence. 

[Approved by the Governor, June 19, 1816.] 



328 J, BREED TO BUILD BRIDGE. June 19, 1816. 



CHAP. XXXI. 

All Act to authorize John Breed to build a Bridge 
from Belle Island to Chelsea. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That John Breed^i of Boston, 
(the proprietor of Belle Island) and his heirs and as- 
signs be, and they hereby are authorized and empow- 
ered to build and keep in repair, at all times, a Bridge 
convenient for the accommodation of the proprietors 
Location, of Bcllc Islaud, from the westerly part of said Island 
to the hard land in Chelsea, at a point in the farm of 
Samuel Cary, Esq. late of said Chelsea, deceased. 
Sec. 2. Se it further enacted. That said Bridge 
Shall have shall bc built witli a draw, not less than fifteen feet 
draw. wide, madc of suitable materials, and conveniently 
placed for the accommodation 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 
times, when necessary, have said draw raised for the 
convenient passing of vessels through the same ; and 
in case any vessel about to pass said Bridge shall be 
detained at the draw more than one hour, the propri- 
etor or proprietors of said Bridge shall forfeit and pay 
to the owner or owners of such vessel a sum not less 
than three dollars, nor more than ten dollars, to be re- 
covered 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 as* 
signs shall, for the space of three years, from the pass- 
ing of this act, fail or neglect to erect said Bridge, 
then this act shall be null and void. And if the said 
Bi'idge shall be erected within said term of three years^ 



MERRIMACK BOATING COM. June 19, 1816. S29 

then the Legislature reserve the right to repeal this act 
after the expiration of twenty years from the time of 
passing the same. 

[Approved by the Grovernor, June 19, 1816.] 



CHAP. xxxn. 

An Act in addition to an act, entitled, ^^ An act to in- 
corporate John L. Sullivan and others, by the name 
and style of The Merrimack Boating Company." 

Sec. 1. JjE it enacted by the Senate and House of 
^epresentati'des 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 Merrimack Boating Company,'' as limits the num- 
ber of shares to one hundred, be, and hereby is re- 
pealed, and that the property of the Corporation be Section of A.t 
divided into four hundred shares. repealed. 

Sec. 3. Be it further enacted, That in any action 
to be brought, or in any judgment to be rendered against 
said Corporation, the plaintiff or adverse party, not 
being able to find sufReient property of the Corpo- 
ration to attach on mesne process or w^hereon to levy 
his execution, shall have the right of attaching on 
mesne process, or of levying his execution on any of .^j^^^^^ ^j.^^^. 
tlie property of the individual members of the Corpo- 
ration, in the same manner as though the action had 
been brought on the judgment rendered against them 
in their private and individual capacity. 

Sec. 3. Be it further enacted. That the fifth sec- 
tion of the act to which this is in addition, be, and the 
same hereby is repealed ; and also that so much of the . 
first section of the said act, to which this is in addi- reVaied! 
tion, as limits the Corporation to the term of twenty 
years from the tAventy-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. 
Sullivjin, his associates and successors, be, and hereby 
are a Coi:poration, for the purposes in scid act jnen- 



^30 MIN. LANDS IN FREEPORT. Jane 19, 1816. 

tioned, so long as the Middlesex canal sball be kept 
open and in operation, and no longer. 

[Approved by the Grovernor, June 19, 1816.] 



CHAP. XXXIII. 

An Act authorizing the sale of Ministerial Lands in 
the first Parish in Freeport, and for other purposes. 

Sec. 1. JoE ?^ enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same. That Barnabas Bartol, John 
Trustees. A. Hyde, Moses Soule, jun. Thomas Bishop, Nathan 
Nye, Cornelius Dillingham, and Jacob Johnson, be, 
and they hereby are appointed Trustees to sell the 
Ministerial Lands belonging to the First Parish in Free- 
port, to receive subscriptions and procure donations, in 
manner hereinafter provided. 

Sec. 2. Be it further enacted. That said Trustees 
be, and they hereby are incorporated into a body po- 
litic, by the name of The Trustees of the Ministerial 
Fund in the First Parish in Freeport, and they and 
their successors shall be and continue a body politic 
and corporate by that name forever ; and they shall 
have a common seal subject to be altered at the plea- 
Maysueaudbegure of Said Parisli, and they may sue and be sued, 
plead and be impleaded, in all actions real, personal 
and mixed, and prosecute and defend the same to final 
judgment and execution by the name aforesaid. 

Sec. 3. Be it further enacted, That said Trustees 
Annual cKc- and their successors shall annually elect a President 
° ''^ and Clerk to record the doings of said Trustees at their 
meetings and a Treasurer to receive and apply the 
monies, hereinafter mentioned, as herein directed, and 
any other needful officers for the better managing their 
business. 

Sec. 4. Be it further enacted, That the number of 

ofti!!cl"s'^'°" "^ Trustees shall at no time be more than seven nor less 

than five, any five of whom shall constitute a quorum 

for the transaction of l)usiness ; and the said Pari«h, 

at ai:.y legal meeting thereof, shall and may from time 



MIN. LANDS IN FREEPORT. June 19, 1816. 2^1 

to time fill up vacancies in the Board of Trustees 
which may happen from death, resignation or other- 
wise, from the Members of said parish; and shall also 
have power to remove any of their nuY^iher who may 
beoome unfit and incapable from age, infirmity, miscon- 
duct, or any other cause? of discharging their duties, 
and supply a vacancy so made by anew choice from Vacancies sop. 
their Parish within three months from the time of suchP^'*^^' 
removal. And the said Trustees shall annually hold a J 

meeting in the month of March or April, and as much I 

oftener as may be found necessary, to transact their ' 

business, which meeting, after the first, shall be called 
in such way and manner as the Trustees shall direct. 
And said Trustees shall be obliged, at (he annual meet, 
ing of said parish to be holden in the month of March 
or x\pril, to make a full and complete statement of all 
their doings to said parish. And no one of said Trus- 
tees shall hold his office as such? any longer than he 
remains a Member of said parish, and resides within 
the town of Freeport. 

Sec. 5. Be it farther enacted^ That Josiah W. 
Mitchel, Esq. be, and hereby is authorized to fix the 
time and place for calling the first meeting of the Trus-Fua meeting. 
tees, and notify each Trustee thereof, and organize 
said meeting, and administer the necessary oath to the 
Clerk then to be chosen. 

Sec. 6. Be it further enacted, That said Trustees 
be, and they hereby are authorized to sell and convey, Trustees may 
in fee simple, all the Parsonage and Ministerial Lands •,fj^.g'*5m**i^^'^ 
belonging to said parish (saving and excepting that 
part made use of as a burying yard, that part where the 
Meeting-house now stands, and one acre of land a- 
round said Meeting-house to be excepted and located 
by said Trustees) and to make and execute good and 
sufficient warrantee deed or deeds of the same, sub- 
scribed by the name of the Treasurer, by direction of 
said Trustees, with their seal thereto affixed ; which 
said deed or deeds shall be good and effectual in law to 
pass and convey the fee simple in said lands in the 
parish to the purchaser, to all intents and purposes 
whatever. 

Sec. 7. Be it further enacted, That said Trustees 
shall further be authorized to receive any donation to Donation^, 
30 



^3S MIN. LANDS IN FREEPORT. June 19, 1816. 

the use and for the benefit of said parish, the annual 
income of which shall not exceed one thousand dollars, 
and the same to place on the books and accounts to be 
kept by them, with the amount of the donation and the 
time when made. 

Sec. 8. Be it further enacted, That said Trustees 
be, and they are hereby authorized and empowered 
SiTbscriptions. {q reccivc subscriptious for the use and benefit of said 
parish from any individual or individuals of said pa- 
rish, to the amount or more of his or their proportion 
of taxes in the parish, to be paid for the support of the 
Ministry or other parish expenses ; and on receiving 
the same, and making it secure by an obligation, to 
remit or discharge said individual or individuals, so 
subscribing or binding him or themselves from all tax- 
es in said parish, so long as the subscription aforesaid 
shall remain and be in force, and no longer. The said 
obligation to be given to the Treasurer of said Board 
of Trustees for the use and benefit of said parish. 

Sec. 9. Be it further enacted, That the monies a- 

rising from the sale of said lands, and the donations 

^ocktebeputand subscriptious aforesaid shall be put at interest, as 

ot interes , ^^^^ ^^ ^^^ ^^^^ ^^ j sccurcd by mortgage of real estate, 

to the full amount of tlie estate sold, or the monies 
loaned, or by two or more sufficient sureties with the 
principal, unless said Trustees shall judge it best to 
vest the amount in public fuwled securities or bank 
stock, which they are hereby authorized to do. And 
said parish shall at no time appropriate more than the 
interest that may actually arise from the sale of the 
lands aforesaid, and the donations and subscriptions 
aforesaid to the payment of the salary of their Minis- 
ter, or any other parish charge or expense whatever. 

Sec. 10. Be it further enacted, That the Treasurer 
Treasnrei- to of Said Board of Trustccs shall give a bond to the 
^jive'uond. parish to double the amount of their funds, faithfully 
to perform his duty, and shadl be responsible for the 
faithful application and appropriation of all the monies 
which may come into liis liantls, and for all negligence 
and misconduct in his aftice ; and the Clerk of said 
Board of Trustees shall l)e under oath faithfully to 
record the doings of said Trustees. 

Sac. 11. JSe it further enacted, That the Trustees 



HOUSATONIC & HUDSON COR. ^we 19, 1816. 233 

or their officers shall be entitled to no compensation comp\?nsatian. 

for the services they may perform out of the monies 

arising from the fund aforesaid ; but if entitled to any, 

shall have and receive the same from said parish, as 

may be mutually agreed between the parish and them. 

And said Trustees shall at all times be liable to said Liability of 

parish for any negligence or misconduct of which they^^*^^^*^*^*" 

may be guilty, and accountable for the expenditure of 

said income. 

Sec. is. Be it further enacted^ That nothing con- 
tained in this act shall be construed to bar and prevent 
said parish from raising any monies they may deem 
necessary to discharge parish expenses, and to assess Asseesmenw. 
the same in manner provided by law. And said Trus- 
tees shall be holden aud obliged annually, between the 
first Monday in April and the first Monday in May, to 
furnish the Assessors of said parish with a correct list 
of all the persons excused and exempted from taxation List? of pei-3tf»s 
in said parish, as above provided. An,d it shall never *^''*''^^'''^" 
be in the power of said Trustees, or of said parish to 
make any other appropriation of the funds aforesaid 
than to the payment of the salary of a Gospel Minister, 

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



CHAP. XXXIV. 

An Act in addition to the several acts for establishing 
the Housatonic Turnpike Corporation, and the Hud- 
son Turnpike Corporation. 

Sec. 1. JjE it enacted by the Seyiate and House of 
Mepresentatives in General Court assembled^ and by 
the authority of the same, That the Housatonic Turn- 
pike Corporation and the Hudson Turnpike Corpora- 
tion be, and they hereby are empowered to remove the Gates removed. 
two half toll gates of the said Corporation, which are 
now situated about one mile west of Dwight's Mills, iu 
the town of West Stockbridge, in tlie county of Berk- 
shire, and to erect in lieu tliereof, one half toll gate at any 
convenient place to be chosen by the said Corporation, 



■-V 



!Ev34i HOU^S'ATOiSnC & HUDSON COR. June 19, 1816. 

east of the road leading from Great Barrington to the 
village of West Stockbridge, and between the place 
where said road connects with the Housatonic Turn- 
pike road and the foot of West Stockbridge Mountain, 
so called, any thing in the act defining the general pow- 
ers and duties of Turnpike Corporations, to the contra- 
Provisr. ry notwithstanding : Frovided alwat^s, that all persons 
who may pass said gate either from tiie town of Stock- 
bridge to T)wight's Mills, or from West Stockbridge 
to the Mills now owned by Elijah Brown, jun. and 
Company, or to Curtis' Mills, whose sole object shall 
be to obtain grinding at either of said Mills, shall be 
permitted to pass and re-pass said gate free of toll, to- 
gether with their horses and carriages for the purpose 

FdrtiierproTiso aforesaid ; and 'provided also, that the inhabitants of 
the town of Lenox, passing and re-passing between 
Lenox and West Stockbridge, and going no further 
west on said Turnpike road than Dwight's Mills afore, 
said, and also that the inhabitants of the towns of Eg- 
remout, Alford, Great Barrington and West Stock- 
bridge, going to or returning from any of the Judicial 
Courts, in Lenox, in said county, 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 direc- 
tion towards the Court-House, in said Lenox ; and 

FtivtiierpvoViso provided also, that all persons exempt from paying toll 
by the fifth section of the act defining the general pow- 
ers 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 ; and provided 

Fluthcr proviso also, that all persons living in West Stockbridge, own- 
ing lands east of the place where said half 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 car- 
riages, who live eastward of the place where the said 
gate may be erected, and west of the foot of the Stock- 
bridge Mountain, so called. 

Sec. 2. Be it further enacted, That each and every 
person that shall falsely or fraudulently claim the bene- 
fit of the above provisions of exemption from toll, shall 



MINISTRY, &c. IN ORLAND. June 19, 1816. 385 

forfeit the sum of five dollars, to be recovered by eithelV PenaUy. 
of said Corporations, for the use of the Corporation 
sueing therefor, in an action of the case, before any 
Jastice of the Peace within and for the said county of 
Berkshire. 

Sec. 3. Be it further enacted. That from and after 
the passing of this act, the Housatonic Turnpike Cor- 
poration 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, phaeton or other New rate « 
four wheeled spring carriage drawn by two horses, six- ^^" 
teen 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 ad- 
ditional horse ; for every 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 plea- 
sure, drawn by one horse, eight cents ; for every cart, 
waggon 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, drawn by one horse, three cents ; for all horses, 
mules, or neat cattle, led or driven., beside those in teams 
or carriages, one cent each ; for all sheep or swine, at 
the rate of two cents by the dozen. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXXV. 

An Act to incorporate the Trustees of a Fund for the 
support of the Ministry and Schools in the town of 
Orland. 

Sec. 1. JjE it enacted hy the Senate and House of 
llepresentatives in General Court assemhled, and bij 
the authority of the same. That Jacob Sherburne. Ho- 



236 



MINISTRY, &c. IN ORLAND. June 19, I8I6. 



'IVusices. 



Persons incor- fatio IMasoD, Isaac Pcrry, Samuel Dowus, Benjamin 
piiraKMi Morrell, Samuel Keyes and John Lee, be, and they are 
Uereby appointed Trustees, to sell and convey all the 
public lots, which, in tlie original grant of the township 
of Orlaud, were reserved for the support of the Minis- 
try and Schools therein ; and the monies arising from 
the sale of the said lands, shall form a fund and shall 
be loaned out at interest in the manner hereinafter di- 
rected : And the said Trustees are hereby made and 
shall hereafter be known both in law and in fact, a bo- 
dy corporate and politic, by the name of The Trustees 
of the Ministerial and School Fund in the town of Or- 
land. And the said Trustees and their successors iu 
office, shall keep and use a common seal, and by the 
name aforesaid may sue and be sued, prosecute and be 
prosecuted in all actions, real, personal or mixed, 
and defend the same to final judgment and execution, 
and shall have and exercise all other powers and privi- 
leges incident and usually given to, and exercised by 
Corporations of a like nature and purpose. 

Sec. 2. Be it further enacted, That the said Trus- 
tees and their successors in office, shall annually elect 
a Chairoian to preside iu their meetings, and also a 
Clerk to record their proceedings, and a Treasurer 
Gewrrai pow- to rcccive aud apply all the monies belonging to the 
ers of officers, ^^^j Fuuds as required by this act, under order and 
direction of the said Trustees : and all the elections 
made by the said Corporation shall be by written bal- 
lots. And all the said officers shall be qualified by 
taking an oath, to the faithful performance of their 
several trusts and duties : and the said Trustees may 
appoint an Agent aud such other officers, for the better 
Gonducting the business of the said Corporation, as 
they may from time to time judge needful and conve- 
nient. And the freehold voters of the said town of 
Orlaud, who arc qualified to vote in town affairs, at 
their annual town meetings, for the choice of town of- 
ficers, shall have the privilege to elect three persons as 
associate members of the said Corporation : aud when 
the said Corporation is duly organized, according to 
the provisions of this act. one of the three associates, 
chosen as aforesaid, shall annually retire, beginning 
by seniority of years, aud so proceeding auuuajly in 



MINISTRY, &c. IN ORLAND. June 19, 1816. a37 

succession forever, and such vacancy so occasioned 
shall he supplied hy a new election, so that one new Amtrai Eiec- 
memher of the said (Corporation may he elected annu- *'''"' 
ally forever, and in like manner, any vacancy may he 
supplied winch may happen hy death, resignation, re- Vacancies sup- 
moval, infirmity misconduct or inahility from any other '^'^**' 
cause, which in the judgment of the said freeholders 
shall he sufficient cause for making such vacancy. 

Sec. 3. Be it further enacted, That the said Trus- 
tees he, and they are herehy empowered to sell and Maj scii lands. 
convey the puhlic lots in the said town of Orland re- 
served as aforesaid ; and to make, execute, acknow- 
ledge and deliver a good and sufficient deed or deeds 
thereof, which heing signed hy the Treasurer, in he- 
half of the said Corporation, and countersigned hy 
their Clerk, with the Corporation Seal affixed thereon, 
shall he good and effectual in law, to pass and convey 
the fee simple of the eaid lands from the said town to 
the purchaser. And the monies accruing from the sale 
of the said lands shall he loaned at interest, as soon stock at in(*. 
as may he, and secured hy mortgage on real estate, to*^^ 
the full value of the property sold, or the money loan- 
ed, or hy two or more sureties, together with the prin- 
cipal, unless the said Trustees shall think it more ex- 
pedient to invest the same in puhlic funded securities 
or hank stock, which they are herehy empowered to 
do at their discretion. And all donations, grants, he- Donations, 
quests, or legacies, which may he hereafter made and 
given for the use of Schools or the Ministry' in the said 
town of Orland, shall he added to the said fund, and 
appropriated to the same purpose, in the manner and 
according to the restrictions and provisions made in this 
act, and the interest and profits only arising from the 
said funds, shall be used and applied for the support Appmpiiaticn 
of the Ministry and Schools in the said town; and it ^^ *"^*'''*^^ 
shall never he in the power of the said tovrn to alien- 
ate, change, or vary the appropriation of the said funds ; 
and 'he said Trustees and the other officers of the said 
Corporation, for the services they may perform, shall 
receive no compensation out of the said funds, interests, 
or profits aforesaid, hut a reasonable compensation for 
such services may be paid to them by the town as they 
may see caus^.. 



238 MINISTRY, &c. IN ORLANI). June 19, 181©. 

Sec . "if. Be it further enacted^ That the said Trus- 
tees and all other oflBcers in the said Corporation, and 
Responsibility each of them severally, shall be responsible to the 
of Ti-ustees, ^^^y^ f^j, w^q\^ personal neglect or misconduct, whether 
they be officers or not, and liable to prosecution for 
any loss or damage to the said funds, arising thereby ; 
and the debt or damage, recovered in such suit, shall 
be replaced in the said funds and applied accordingly ; 
and at every annual meeting of the said town, the said 
Trustees and Treasurer shall exhibit a true and fair 
siatement of their doings, and of the conditions of the 
said funds ; and for this purpose, a book or books for 
necords the records of the Trustees and for the accounts of the 
Treasurer respectively shall be provided and kept at 
the expense of the said town of Orland. And the said 
Treasurer shall give bonds, with two sufficient sureties 
to the acceptance of the said Trustees, for the faithful 
performance of his duty, and to be at all times respon- 
AccDuntabiiity slblc for thc faithful application and expenditure of the 
ot Treasurer. ,|jQ,^jgg whlcli mav comc iuto his hauds, conformable to 
the true intent and meaning of this act, and for all 
negligence or misconduct in any part of the duties of 
his office ; and it shall be the duty of the said Trustees 
and Treasurer to keep distinct accounts of the monies 
accruing from the sale of the said School lands, from 
those of the Ministerial lands, and of the interest aris- 
ing thereon respectively ; and the interest accruing on 
the monies coming from the sale of the said Minister- 
ial lands, shall be appropriated and uniformly applied 
sjeparate funds, fov thc support of thc Grospcl Ministry in the said town, 
of Orland ; and the interest coming from the sale of the 
said School lands, shall be appropriated and uniformly 
applied for the support of the public town school in 
the said town of Orland. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace for the county of Hancock is hereby em- 
powered, upon application therefor, to issue a warrant 
directed to a freehold inhabitant of the said town of 
Orland, requiring him to notify and warn the first meet- 
ing of the said Trustees, at such convenient time and 
place as shall be appointed in the said warrant, to or- 
ganize the said Corporation, by the election and ap- 
pointment of its officers. And the said Corporation 



MIN. LANDS IN WOODSTOCK. June 19, 1816. S39 

•when fully organized, may at the same, or at any fu- 
ture meetings, adopt and settle such rules and bye- 
laws for conducting their business, and the mode and 
means of calling and notifying future meetings^ as to 
them may seem needful and expedient. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXXVI. 

An Act to extend the term for paying the second In* 
stalments into the Lynn Mechanics' Bank. 

jjE it enacted hy the Senate and House of 
RepresentativeSf 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 Mecha- 
nics' Bank, to pay in the second instalment. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XXXVII. 

An Act to incorporate the First Baptist Society in 

York. 

Sec. 1. JoE i^ enacted hy the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That Charles Bean, Francis pgj,3Qj,3 1,^^,^^., 
Plaisted, George Moulton, William lloberts, Benjamin porated. 
Colby, Jacob Ay res, Nathaniel Brooks, Nathaniel 
Gordon, Samuel Moulton, Joseph Moulton, Daniel 
Carlisle, Josiah Chase, Nathaniel Webber, Jeremiah 
Prebble, Ebenezer Prebble, Joseph Moore, Thomas 
Teal, Robert C. Moulton, Daniel Simpson, jun. Tho- 
mas Teal, jun. Joseph Prebble, Daniel Simpson, Na. , 
than Gowen, George Hill, and Thomas Bragdon, mem- 
bers of the First Baptist Society in York, with their 
polls and estates, be. and they are hereby iacoi:por- 
31 



S40 YORK BAPTIST SOCIETY. June 19, 1816. 

a^ed as aHeligious Society, for religious purposes only, 
by the name of The First Baptist Society in York ; 
with all the powers and privileges usually exercised 
and enjoyed by other Religious Societies according to 
the Constitution and Laws of this Commonwealth. 

Sec, 2. Be it further enacted, That any inhabitant 
living in the town of York, in the county of York, 
who may hereafter desire to become a Member of the 
Membership, said Fii'st Baptist Society in York, shall have a right 
so to do, by declaring such desire and intention iu 
writing, and delivering the same to the Clerk of the 
said Baptist Society, fifteen days before the annual 
meeting of the said Society ; and shall also deliver a 
copy of the same to the Town Clerk, or to the Clerk 
of any other Religious Society, with which such per- 
son has been before connected, fifteen days before the 
annual meeting thereof; and if such person doth re- 
ceive and can produce a certificate of admission signed 
by the Clerk of said Baptist Society, and approved by 
the settled Minister thereof, certifying that be or she 
has united with and become 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 exempted from 
taxation towards the support of any other Religious 
Society in the town or parish where such person may 
4welL 

Sec. 3. Be it further pvacted, That when any Mem- 
ber of the said First Baptist Society in York may see 
Secessions causc to scccde thcilefrom, and unite with aqy other 
Religions Society in the said town of York, the 
same forms and process of a written declaration and 
certificates shall be made, required and given, mutatis 
Fvmm. mutandis' f as is required and prescribed in the second 
section of this act ; provided always, that in every case 
of secession from one Society and joining another, the 
person so seceding shall be holden in law to pay his 
OY her proportion of assessment of all parochial or So- 
ciety debts and expenses, which have been voted or as- 
sessed, and not paid prior to such secession. 

Sf.c. 4. Be it further enacted, That any Justice of 
the Peace, for the county of York, upon application 
i;berefor, be, and he hereby is eni powered, to issue a 



MIN. LANDS IN WOODSTOCK. June 19, 18iG. Ml 

warrant, directed to a freehold inhabitant, and Memher 

of the said First Baptist Society in York, requiring 

him to notify and warn the members thereof to meet choke of ofii«. 

at such convenient time and place as shall be appoin-'^'^^*" 

ted in the said warrant, to organize the said Society 

by the election and appointment of its officers. 

[Approved by the Grovernor, June 19, 181(5.] 



CHAP. XXXVIII. 

An Act to authorize the sale of Ministerial and School 
Lands in the town of Woodstock. 

Sec. 1. x>E it enacted by the Senate and House of 
Representatives in General Court assevnhled, and by 
the authority of the same. That Stephen Chase, Esq. 
Cornelius Perkins, Alexander Day, John Billings, Tmstoes, 
Seth Curtis, Merrill Chase and Thomas Farrer, be, 
and they hereby are appointed Trustees to sell a right 
of land of one hundred and sixty acres for the sup- 
port of Schools, and likewise one other right of otse 
hundred and sixty acres for tlie support of the Minis- 
try, originally reserved for said purposes in a grant of 
land to Grorham Academy ; and the money arising from 
the sale of said lands to put out at interest in manner 
hereinafter directed ; and the said Trustees are hereby 
created and shall hereafter be known in law, a body 
politic and corporate, by the name of The Trustees Body corf aratp 
of the Ministerial and School Funds in the town of 
Woodstock ; and they and their successors in office 
shall have and use a common seal, and by the name 
aforesaid may sue and be sued in all actions, real, per- 
sonal and mixed, and prosecute and defend the same 
to final judgment and execution, and shall exercise all 
other powers and privileges usually given to, and ex- 
ercised by Corporations of a like nature. 

Sec. 2. Tie it further enacted, That the said Trus- 
tees and their successors in office, shall annually, in the Anmiai ekc- 
inonth of March or April, from among their number, i^'O"- 
Qleet, by ballot, a President, and also a Clerk to record 



S4<3 MIN. LANDS IN WOODSTOCK. June 19, I8ll 

the tloings of the Trustees, who shall be sworn to the 
faithful discharge of his duty, and a Treasurer to re- 
ceive and apply the monies belonging to the said funds, 
as is directed in this act, who shall give bonds to the 
acceptance of the said Trustees for the faithful peform- 
ance of liis duty, and he shall be at all times responsi- 
ble for the faithful application and expenditure of the 
monies which may come into his hands, and for all 
negligence or misconduct of any kind inhis said office, 
conformable to the true intent and meaning of this act. 
Sec. 3. Be it farther enacted, That the number of 
said Trustees shall at no time be more than seven nor 
less than five, and four of their number shall be neces- 
sary to constitute a quorum for transacting the business 
of said Corporation ; and whenever any vacancy shall 
happen by death or otherwise, in the office of any of 
the Trustees aforenamed, it shall be the duty of the 
Vacancies filled Clerk, withiu thirty days next after such vacancy, to 
"p give notice thereof to the Selectmen of the said town of 

Woodstock, and the said Selectmen shall in their next 
warrant for a meeting of the inhabitants of said town, 
insert an article for the choice of a Trustee or Trustees, 
to fill said vacancy or vacancies, who shall be chosen 
in such meeting in the same way and manner as the 
Selectmen of towns are by law to be chosen, and the 
inhabitants of said town, at their March or April meet- 
ing, in any year, upon the written complaint of the said 
Corporation, and not otherwise, may remove any Trus- 
tee, who through age, infirmity, or other cause, may 
become unfit or incapable of discharging his duty, and 
shall thereupon supply the vacancy so made by a new 
choice, iu manner aforesaid, from among the inhabitants 
of said town of Woodstock. 

Sec. 4. Be it farther enacted, That the said Trus- 
Rcsr ..sibiiitv tees and each of them shall be responsible to the said 
of mstees. j^^yj^ Qf Woodstock,for their pcrsoual misc»)nduct or ne- 
glect, whether they be officers or not, and liable to pro- 
secution for any loss or damage to the said funds arising 
thereby ; and the debt or damage, recovered in such 
suit, shall be considered as belonging to said funds, 
and applied accordingly ; and the said Trustees shall 
Trustee meet, liold their meetings as often as the affairs of the said 
"gs- funds ran}' vequiro, which meetings shall be notified and 



MIN. LANDS IN WOODSTOCK. June 19, 18l6. 243 

called in such manner as the said Trustees at any meet- 
ing may order and direct. 

Sec. 5. Be it further enacted, That the said Trus- 
tees, or a major part of them, be, and they are hereby 
authorized and empowered to sell and convey in fee Trustees niay 
simple all or any part of the aforementioned rights ^'^'"'™'^- 
of land, and to make, execute and acknowledge a 
good and sufficient deed or deeds thereof, which deed 
or deeds subscribed by their President and counter- 
signed by their Clerk, by the direction and order of 
said Trustees, or a major part of them, with the seal 
of said Corporation thereunto affixed, shall be good 
and valid in law to pass and convey the fee simple of 
said lands from said tow^n to the purchaser or purcha- 
sers thereof, to all intents and purposes whatsoever, 
afjd all the monies arising from the sale of the lands 
aforesaid shall be put to use, as soon as may be, and 
secured by mortgage on real estate to double the value 
of the property thus sold, or money loaned, or by two 
or more sureties with the principal, unless the said 
Trustees shall think it more expedient to invest the 
same in public funded securities, or Dank Stock, at their 
discretion. 

Sec. 6. Be it further enacted. That it shall be the 
duty of the said Trustees to keep distinct accounts of 
the monies accruing from the sale of the said School 
lands, from those of the Ministerial lands and of the Separate fands, 
interest arising therefrom, respectively ; which accounts 
they and their successors in office shall exhibit to the 
town at their annual meeting for the choice of town of- 
ficei'S ; and the said Trustees, and others, who may be 
by them employed in the business of the said funds, 
shall receive no compensation from the monies of said 
funds ; but a reasonable compensation may be made to 
them and the Treasurer, or other officers or agents by 
the town, at their discretion ; and the interest accruing 
on the monies coming from the sale of the said Minis- 
terial land shall be appropriated and uniformly applied 
to the support of the Gospel Ministry in the said town 
of Woodstock, and shall be divided between the Re- 
ligious Societies of the several denominations in said 
town according to their numbers respectively ; and the 
interest accruing from the sale of the said School lands. 



S44 STANDISH SCHOOL FUND. June id, 1816. 

shall be appfopriated and uniformly applied for the 
support of instruction in the public free schools in said 
town of Woodstock ; and it never shall be in the pow- 
er of the said town to alienate or alter the appropria- 
tion of the said funds provided in this act. 

Sec. 7' Be it farther enacted. That any Justice of 
the Peace for the county of Oxford, upon application 
Justice may is- therefor, is hereby authorized to issue a warrant direct- 
edto one of the Trustees before named, requiring him 
to notify and call the first meeting of the said Trustees, 
at such convenient time and place as shall be appointed 
in the said warrant, to organize the said Corporation 
by the election and appointment of its officers. 

[Approved by the Governor, June 19, 1816.] 



sue warrant. 



Persons incor- 



CHAP. XXXIX. 

An Act to incorporate the Trustees of the Standish 
School Fund. 

Sec. 1. Be it enacted hj the Senate and House of 
Hepreseritatives in General Court assembled, and by 
thh authority of the same. That Edmund Mussey, John 
^^^ Lowell, Samuel Dennett, John Spring, Edward 

Jo'rated. """ Thompson and Daniel Hasty, jun. together with the 
person who may be chosen Town Treasurer for the 
time being, be, and they are hereby constituted, ap- 
pointed and declared to be the Trustees of a Fund for 
the support of Schools in the town of Standish, in the 
county of Cumberland, by the name of The Trustees 
of the Standish School Fund ; and shall be, and con- 
tinue a Corporation for the aforesaid purpose forever. 
And the said Corporation may keep and use a common 
seal, which they shall have power to change and renew 
as they may see cause. And the said Trustees, in their 
Maysueau(ibc<^<*^"P«»'^te Capacity, may sue and be sued, prosecute 
sued. and be prosecuted to final judgment and execution, in 

all actions, real, personal or mixed. And the said 
Trustees and their successors in office, shall annually 
elect, by written ballots, a Chairman to preside at their 



STANDISH SCHOOL FUND. June 19, 1816. S45 

meetings, and a Clerk to record the doings of the said 
Trustees, in a book or books, for that purpose to be 
provided and kept at the expense of the town. And 
at the same meeting they shall also elect, by ballot, a 
Treasurer to receive and apply the monies belonging 
to the said fund, to the amount and in the time and man- 
ner which the said Trustees may from time to time di- 
rect. And all the said officers shall be sworn to the 
faithful performance of their several duties. And the Duties and pow 
said Trustees shall also have power to appoint an A-'"'^^®^'^'^'^^*^^*' 
gent and such other officers as they may from time to 
time judge necessary. ^ 

Sec. 2. Be it further enacted^ That the number of 
Trustees shall never be less than five, nor more than 
seven, a major part of which Trustees, for the time be- 
ing, may form a quorum for doing business ; and the 
inhabitants of the said town of Standish, at any legal 
town meeting, shall fill up any vacancy or vacancies vacan<»es filled 
which may happen in the said Board of Trustees, from '?• 
among the freeholders of said town : And the said in- 
habitants, in legal town meeting, shall also have power 
to remove, by voting and declaring vacant the place of 
Trustee or any other officer, who by reason of age, in- 
firmity, misconduct, or any other cause, may become 
unable and unfit to discharge their several duties, and 
to supply the vacancy, so happening, by a new choice 
or appointment. And the said Trustees and the Trea- 
surer shall annually make report of their doings and 
the state of the funds. 

Sec. 3. Be it further enacted, That the Treasurer 
of the said Corporation shall give bond to the said 
Trustees, with two sufficient sureties for the faithful 
performance of his trust, according to the true intent 
and meaning of this act, and shall be responsible for iiesponsibiuty 
any neglect or misconduct in his office. And the gaid"^^'^'^*^'^'''' 
Trustees and each of them shall be responsible to tiie 
town, for their personal negligence or misconduct, 
whether they be officers or not ; and the loss or dam- 
age which may thereby liappen to the said fund, shall 
be recovered by an action of debt or on the case, at the 
suit of the town in any Court competent to try the same, 
and the sura so recovered shall be replaced to the said 
fund. And the said Trustees and all the other office!!? 



sue ■naiTant, 



^46 ROXBUllY MILL COR. June 19, 1810. 

of the said Corporation may receive such compensa- 
tion for their services^, as the said town may judge rea- 
sonable ; but no part of such compensation shall ever 
be made oat of the said fund, interest or profits there- 
of. And it shall never be in the power of the said 
town to alienate, change or vary the appropriation of 
the said fund, from its original design and use, towards 
the support of Schools in the said town of Standish. 
Sec. 4'. Be it further enacted, That any Justice of 
the Peace for the county of Cumberland, is hereby em- 
jiistire mny is- powcrcd, upou application therefor, to issue a warrant 
directed to an inhabitant of the said town of Standish, 
requiring him to notify and warn the inhabitants there- 
of qualified to vote in town affairs, to meet at such 
convenient time and place as shall be expressed in the 
said warrant, to organize the said Coporation, by the 
election and appointment of its officers. 

[Approved by the Governor, June 19, 1816. ] 



CHAP. XL. 

An Act in addition to an act, entitled ^* An act to es- 
tablish the Boston and Roxbury Mill Corporation.'' 

13 E it enacted bij tJie Senate and House of 
Rejiresentatives in General Court assembled, and hj 
the authority of the same, That whenever the Dam from 
Beacon-street to Sewall's Point shall be completed ac- 
cording to the provisions of the act, entitled " An act to 
establish the Boston and Roxbury Mill Corporation," 
and whenever either of the other Dams mentioned in 
said act shall be so far completed, as that mills can be 
established, employing 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, 



SEPARATION OF MAINE. JMne20,18l6. 9A7 

penalties or forfeitures expressed in said act, except 
only in so far as relates to the said toll. 

[Approved by the Governor, June 19, 1816.] 



CHAP. XLI. 

An Act concerning the Separation of the District of 
Maine from Massachusetts Proper, and forming the 
same into a separate and Independent State. 

Whereas, in conformity to a Resolve of 
the General Court of this Commonwealth, passed at 
the last session thereof, the people of the District of 
Maine did, on the twentieth day of May last past, 
assemble in their respective towns and districts, andpreamWe, 
give in their votes upon the question proposed in said 
Resolve, to wit : " Shall the Legislature be requested 
to give its consent to the Separation of the District of 
Maine from Massachusetts Proper, and to the erection 
of said District into a separate State ;" and a majority 
of the persons voting on the said question, have an- 
swered the same in the affirmative : Therefore, 

Sec. 1. Be it enacted by the Senate and House of 
Mepvesentatives in General Court assembled, and by 
the authority of the same, That the consent of this Legislative con- 
Commonwealth be, and the same is hereby given, that*'^'^^' 
the District of Maine may be formed and erected into 
a separate and independent State, if the people of the 
said District shall in the manner hereinafter mentioned, 
express their consent and agreement thereto upon the 
following terras and conditions : Jnd provided the Con- Proviso, 
gress of the United States shall give its consent there- 
to before the fourth day of March next j which terms 
and conditions are as follow, viz. 

First — All the lands and buildings belonging to the 
Commonwealth within Massachusetts Proper, shall con- 
tinue to belong to said Commonwealth and all the 
lands belonging to the Commonwealth within the Dis-Land 
trict of Maine, shall belong, the one half thereof to 
the said Commonwealth, and the other half thereof to 
the State to be formed Arithin the said District, to be 
33 



^^8 SEPARATION OF MAINE. June 20, 1815. 

\ ilivided as is hereinafter mentioned ; and the lands 

within the said District which shall belong to the said 

Exemption Coiiimonwealtli shall be free from taxation while the 

I.01U uixaiion. ^.^^^ ^^ ^j^^ ^^.^^ lands remains in the Commonwealth: 

and the rights of the Commonwealth to their lands 
within said District, and the remedies for the recovery 
thereof sliall continue the same within the proposed 
State^ and in the Courts thereof, as they now are with- 
in the said Commonwealth and in the Courts thereof; 
Obligations, and all obligations given to the Commonwealth with 
conditions to perform settling duties, so called, within 
the District of Maine, when all the principals are per- 
sons inhabiting the same District, shall become the 
propert}' of the New State ; and all other obligations 
w ith such conditions shall remain the property of this 
Commonwealth. 

Secondly — All otlier property belonging to the Com- 
monwealth shall be holden by said Commonwealth as 
a fund and security for the payment of all the debts 
due by the same. But at the end of three years, or 
whenever the Congress of the United States shall as- 
sume the debts contracted by the Commonwealth for 
the defence of the Commonwealth during the late war 
with Great Britain, the Commissioners to be appointed 
as hereinafter provided shall assign a just \>ortion of 
the said property to the said Commonwealth as an e- 
indemuifica. quivalcut and indemnification for all other debts which 
^^''' may remain due, and for the debt so contracted as a- 

foresaid during the late war, in case the same should 
not be assumed within three years as aforesaid ; but if 
the sam.e should be assumed as aforesaid, then, for any 
loss which the Commonwealth may sustain from the 
manner in which the same shall be assumed. And all 
the surplus of said property shall be divided between 
the said Commonwealth and the said District of Maine 
in the proportion of three fourths thereof to the Com- 
monwealth, and one fourth thereof to the said District. 
And if the property of the Commonwealtli other than 
the lands and real estate aforesaid shall prove insuffi- 
• cient as a fund or security to pay and discharge the 
debts due by the said Commonwealth, and all demands 
against the same, the said District of Maine shall as- 
sume, pay and discharge one quarter part of the debts 



SEPARATION OF MAINE. June 20, 1816- 2iO 

and demands against the said Common wealth which 
shall be found by the said Commissioners to be over 
and above the value of said property so held by the 
said Commonwealth as a fund and security as aforesaid. 
And if the Congress of the United States shall, after 
the expiration of said three years, assume the debts so 
contracted for the defence of the Commonwealth dur- 
ing the late war, then the said District of Maine shall 
be entitled to, and shall receive one quarter part of 
the Stock or Certificates which may be issued for tlie 
debt so assumed, beyond what may be required to pay Distribution of 
the debts due, if exceeding the property reserved for [Jel^^ a^^uncd 
that purpose. 

Thirdly — Commissioners with the powers and for comraissioaers. 
the purposes mentioned in this act, shall be appointed 
in the following manner ; two shall be appointed by 
the Governor and Council of the Commonwealth, two 
by the said Convention of the Delegates of said Dis- 
trict, and two more by the four first named ; and, if 
they cannot agree, the appointment of the two last men- 
tioned shall be with the Grovernor and Council of this 
Commonwealth ; not however in that case to be inhab- 
itants of said Commonwealth. And the said Commis- 
sioners may fill up any vacancies iu their board not vacanwe^; 
exceeding three, and four of their number shall con- 
stitute a quorum to transact business ; and the deter- 
mination of a majority of whom, shall, in all cases, be 
final. And all questions which may arise respecting 
the property of the Commonwealth, or the division 
thereof not herein expressed, shall be decided by the 
said Commissioners. And the said Commissioners shall 
determine what portion of the said public land shall be 
surveyed from time to time; and such surveys shall suwcp. 
thereupon be made, and the expenses thereof shall bs 
borne equally by the said Commonwealth and the pro- 
posed State : Provided alicays, that the said lauds shall Proviso. 
be surveyed into tracts of twelve miles square, or as 
near thereto as conveniently may be; and such tracts 
shall be divided by lot by the said Commissioners be- 
tween the respective States. And if the said Com- 
mission shall expire, and a new Commission shall be 
required by either State, for the purpose of directing 
further surveys or for any other purpose, six new Com- 



250 SEPARATJOM CF MAINE. June 20, 1816. 

niissioners shall be appointed, two by each State, and 
the remaining two in the manner aforesaid, and witli 
the powers aforesaiJ. 

Fourthly All grants of lands, franchises, imrauni- 
Perpetnity of tles, Corporate or other rights, and all contracts which 
contracts. jiavc bccn or may be mad. by the said Commonwealth 
before the separation of said District shall take place, 
and having or to have effect within the said District, 
shall continue in full force after the said District shall 
become a separate Slate. But the grant which has been 
made to the President and Trustees of Bowdoin Col- 
lege out of the tax laid upon the Banks within this 
Commonwealth shall be charged upon the tax upon the 
Banks within the said District of Maine, and paid ac* 
cording to the terms of said grant. 

Fifthly — No laws shall be passed in the proposed 
State, with regard to taxes, actions, or remedies at law, 
or bars or limitations thereof, or otherwise making any 
distinction between the lands and rights of property of 
proprietors, not resident in, or not citizens of said pro- 
posed State, and the lands and rights of property of 
the citizens of the proposed State, resident therein ; 
and the rights and liabilities of all persons shall after 
Processes in ^'^^ Said Separation continue the same as if the said 
law 'lebts, tax- District was still a part of this Commonwealth, in all 

ts not to u£ '^- 

fccted. suits pending or judgments remaining unsatisfied on 

the fifteenth day of March next, where the suits have 
been commenced in Massachusetts Proper, and process 
has been served within the District of Maine, or com- 
menced in the District of Maine, and process has been 
served in Massachusetts Proper, either by taking bail, 
making attachments, arresting and detaining persons, 
or otherwise where execution remains to be done; and 
in such suits, the Courts witliin Massachusetts Proper, 
and within the proposed State, shall continue to have 
the same jurisdiction as if the said District still remain- 
ed a part of the Commonwealth. And this Common, 
wealth shall have the same remedies within the propos- 
ed State as it now has for the collection of all taxes, 
bonds, or debts, which may be assessed, due, made, 
or contracted, by, to, or with tlie Commonwealth, on or 
before the said fifteenth day of March next, within the 
said District of Maine ; and all officers within Massa- 



SEPARATION OF MAINE. June SO, 1816. 251 

chusetts Proper and the District of Maine shall conduct 
themselves accordingly. 

Siccthhj — These terms and conditions, as here set 
forth, when the said District shall become a separate 
and independent State, shall, ipso facto ^ be incorporat- 
ed into, and become a part of any Constitution, provi- 
sional or other, under which tlie government of the said 
proposed State, shall at any time hereafter be admin- 
istered — subject, however, to be modified or annulled 
by the agreement of both the said States. 

Sec. 2. Be it further enacted, That the Convention Convention, 
to be assembled for the purposes expressed in this act, 
shall be composed of Delegates chosen in manner fol- 
lowing, viz : The inhabitants of the several Towns in 
said District of Maine, now entitled to send one or 
more Representatives to the General Court, shall, on 
the first Monday of September next, assemble in town 
meeting, to be notified by warrant of the belectraen of 
said several towns, in due form of law ; at which meet- 
ings, every inhabitant having the qualifications required 
by the constitution of this Commonwealth to vote for 
Senators, shall have a right to vote in the choice of a 
Delegate or Delegates to the Convention aforesaid ; 
and each such town as aforesaid, shall and may elect 
one or more Delegates, not exceeding the number of Number of De. 
Representatives which it is now entitled to send to the^*^^^*^^ 
General Court. Provided however, that each such 
town may elect at least one. And at such meetings, 
the Selectmen of the said several towns shall preside 
impartially, and shall receive the votes of all the inha- 
bitants of such towns present, and qualified as aforesaid 
to vote for such Delegates, and shall sort and count 
such votes in open town meeting, and in presence of the 
Tov/n Clerk ; who shall make a fair record in presence 
of the Selectmen, and in open town meeting, of the 
name of every person voted for, aud of the number of 
votes given for him ; and the person or persons having 
a majority of all the votes shall be chosen ; and fair co- Mofie of cUns- 
pies of the said record shall be attested by the Select- '"s delegates 
men and the Town Clerk, and one such copy shall be 
delivered by the Selectmen to each of the persons 
whom they shall determine to have been duly elected a 
Delegate. And the Delegates chosen as aforesaid, shall 



25^ SEPARATION OF MAINE. JuneW, 1816. 

' assemble in convention, on the last Monday of Sep- 

tember next, at the Meeting-house, near the College, 
in Brunswick, in said District of Maine, and shall be 

Powers ami du- the judgcs of the rctums and elections of their own 

^s °°^'^"" members, and may adjourn from time to time, and to 
such other place or places successively, in the towns of 
Brunswick or Topsham, as they shall think proper ; 
and shall, as soon as may be, proceed to organize 
themselves, by choosing, by a vote of the majority of 
the Delegates present, a President, and such other of- 
ficers as they may judge expedient, and establishing 
proper rules of proceeding ; — which Delegates shall be 
paid by the inhabitants of the said District of Maine : 
and on the day of the meeting for the choice of Dele- 
gates as aforesaid, the inhabitants of the towns, districts 
and plantations in tlie District of Maine, qualified to 
vote for Senators, shall in open meeting summoned also 
for this purpose, give in their written votes on the ques- 

Tke Question ? tion I ^^ Is it expedient that the District of Maine shall 
be separated from Massachusetts and become an inde- 
pendent State ?" upon the terms and conditions provid- 
ed in an act, entitled ^' An act concerning the separa- 
tion of the District of Maine from Massachusetts Proper, 
and forming tlie same into a separate and independent 
State 'J^ And the Selectmen of the towns and districts, 
and the Assessors of the unincorporated plantations, 
shall, in open meeting, receive, count, sort and de- 
clare ; and the Clerks thereof respectively, shall record 
the votes for and against such expediency ; and said 
Selectmen and Town Clerks, and the Assessors and 
Clerks of said plantations, shall seal up and transmit 
said votes to the President of the Convention, at their 
meeting herein provided, within four days next after the 
last Monday of September next, and if it shall appear 
to said Convention, that a majority of five to four at 
least of the votes returned, are in favor of said Dis- 
trict's becoming an independent State aforesaid, tlien 
and not otlierwise, said Convention shall proceed to 
form a constitution as is provided in this act. 

Sec. S. Be it further enacted, That if it shall appear 
to said Convention, that a majority of five to four at 
least of the votes returned as aforesaid are in favor of 
«aid District's becoming an independent State as a-^^ 



SEPARATION OF MAINE. June 20, 1816. S53 

foresaid, then the said Convention shall make known 
and declare the assent of the people of said District, 
expressed as aforesaid, to be formed into a separate and 
independent State, upon the terms and conditions above 
expressed, to the Grovernor and Council of this Com-^^*^"'" *9,^°. 

11 11 1 *-^ £» ji TT -i , made to (-lOV- 

monwealth, and also to the Congress oi the U nitea eiT,oratuicoun- 
States, and request its consent that the said District"' 
should be formed into a separate and independent 
State ; and the said Convention, after having so de* 
Glared such assent, shall proceed to form a constitution 
or frame of government for the said new State, and 
shall determine the style and title of the same : and 
such constitution, when adopted and ratified by the f^onstitutioii 
people of said District, in the manner hereinafter men- ^""" " 
tioned, shall, from and after the fifteenth day of March, 
one thousand eight hundred and seventeen (the consent 
of the Congress of the United States then being had 
as aforesaid) be the constitution of said new State. — - 
And the said Convention shall, as soon as may be, af- 
ter having formed such constitution or frame of govern- 
ment fo4' such new State, cause the same to be publish- 
ed, and sent to the several towns, districts and planta- 
tions within the said District of Maine ; and there shall 
be a meeting of the inhabitants in each of said towns, 
districts and plantations, to be called and warned by 
the Selectmen and Assessors respectively, in due course 
of law, at which meeting, every male inhabitant, hav- 
ing the personal qualifications herein declared requi- 
site in the election of Delegates to said Convention, 
shall have a right to vote ; and the people so assem- 
bled, shall give in their votes in writing, expressing 
their approbation or disapprobation of the constitution 
so prepared and proposed by said Convention. And 
the Selectmen of the several towns, and the Assessors 
of the several disti'icts and plantations respectively, 
shall preside at such meetings, and shall receive the 
votes of all tlie inhabitants duly qualified as aforesaid, 
and shall sort and count them in the open meeting of 
the town, district or plantation, and the same shall be 
then and there recorded in the books of the town, dis- 
trict or plantation, and a fair copy of such record shall 
be attested by the Selectmen or Assessors, and the 
Clerk of the town^ district or pjantation, respectively. 



S54 SEPARATION OF MAINE. June 20, 1816. 

and shall be by the said Selectmen or Assessors, trans- 
mitted and delivered to the said Tonventiiin, or to the 
President thereof, for the time being, or to any Com- 
mittee appointed to receive the same, on or before the 
first day of January next — on which day, or within ten 
days thereafter, the said Convention shall be in ses- 
sion, and shall receive and count all the votes returned 
and declare and publish the result ; and if a majority 
Acceptance of of the votcs SO returned shall be in favor of the consti- 
ConstituUon. ^y^^jj proposcd as aforcsald, the said constitution shall 
go into operation according to its own provisions ; oth- 
erwise the constitution of Massachusetts, with the ad- 
dition of the terms and conditions herein provided 
shall be, and be considered as the constitution of the 
said proposed State in manner as hereinafter provided. 
And to the end that no period of anarchy may happen 
to the people of said proposed State, in case a new 
constitution shall not be so adopted and ratified by the 
people of said District of Maine, the present constitu* 
tion of the Commonwealth of Massachusetts shall, ex- 
cept as hereinafter excepted, be provisionally, tiie con- 
stitution or frame of government for said District ; ex- 
Trovisioiuii re- ccpt ouly sucli parts of Said constitution of Massachu- 
setts as relate to the style or title of said State, or may 
be otherwise inconsistent with or repugnant to the si- 
tuation and condition of said new State ; and except 
that the people of said District shall choose in their 
Senatorial Districts as now established, three times the 
number of Senators now allowed them, and that the 
Legislature shall choose such a number of Counsellors 
not exceeding nine, as they shall determine to be pro- 
per. And the said Convention shall designate the 
place for the first meeting of the Legislature of said 
new State, and for the organization of its government; 
and shall appoint a Secretary, pro tempore, for said 
new State. 

Sfc. 4<. Be if farther etiacted. That until a Govern- 
or of the proposed State shall be chosen and qualified 
according to the constitution which may be in operation 
in said State, the person last chosen President of the 
said Convention, shall, from and after the fifteenth day 
of March next, have all the power of the Governor and 
Council under the constitution of Massachusetts, until 



"ulations. 



SEPARATION OK MAINE. June 20, 1816. §55 

a new Governor shall be chosen and qualified in the 
said proposed State ; excepting only, that the said Fi c- 
sident shall not have the power to remove fr(jm office 
any officer who may be duly qualified and execu- 
ting the duties of his office according to the intent and 
meaning of this act. 

And in order that there may be no failure of justice, 
and that no danger may arise to the people of the said 
District of Maine after the fifteenth day of March next, 
and before the new government of the said State shall 
be fully organized, therefore, 

Sec. 5. Be it further enacted^ That all the laws 
which shall be in force within said District of Maine 
upon the said fifteenth day of March next, sliall still 
remain and be in force within the said proposed Jntate, Piwision for 
until altered or repealed by the government thereof, cei^'"""'^ 
such parts only excepted as may l»e inconsistent with 
the situation and condition of said new State, or repug- 
nant to the constitution thereof. And all officers who 
shall on the said fifteenth day of March next hold com- 
missions or exercise any authority within the said Dis- 
trict of Maine under the Commonwealth of Massachu- 
setts or by virtue of the laws thereof, excepting only the 
Governor, Lieutenant-Governor and Council, the 
Members of the Legislature antl the Justices of the Su- 
preme Judicial Court of the said Commonwealth of 
Massachusetts, shall continue to have, hold, use, exer- 
cise and enjoy all the powers and authority to them 
respectively granted or committed, until other persons 
shall be appointed in their stead, or until their respect- 
ive offices shall be annulled by the government of the 
said proposed State. And all Courts of Law whatso- 
ever within the said proposed State, excepting only 
the Supreme Judicial Court, shall proceed to hear and 
determine all causes, matters and things which are or 
may be commenced or depending before them respect- 
ively upon the said fifteenth day of March next, or at 
any time afterwards, and before the government of the 
said proposed State shall establish new Courts within 
the same, and shall continue from and after the said fif- 
teenth day of March next to exercise the like power 
and authority and in like manner as they now by law 

33 



red. 



256 SEPARATION OF MAINE. June SO, 1816. 

may do, until such new Courts sliall be so established 
iu tlicir stead. 

Skc. 6. Be itfurlJipr enacted, That all actions, suits, 
and causes, civil and criminal, and all matters and 
things whosoever, that shall on the said fifteenth day of 
March next, be in any manner depending in the Su- 
preme Judicial Court of the said Commonwealth of 
Massachusetts then last holden within any county in the 
said District of Maine, and all writs, recognizances, and 
other processes whatsoever, that may be then return- 
able to the said Supreme Judicial Court, shall be res- 
Rnits transfer- pcctivcly transferred, and returned to, have day in, and 
be heard, tried and determined, in the highest Court of 
Law that shall be established in the said new State, by 
the fi'overnmcut thereof: and at the first term of such 
Court, that shall be held within the county in which such 
action, writ, process, or other matter or thing, may be so 
pending or returnable. And in all cases of appeals 
from any Circuit Court of Common Pleas, or Probate, 
or other Court, which shall be made after the said fif- 
teenth day of March next, in any action, cause, or suit 
whatsoever, and which would by law be made to the 
said Supreme Judicial Court thereof, it shall be suifi- 
cient for tlie Appellant to claim an appeal, without nam- 
ing or designating the Court appealed to ; and such ap- 
peal shall be entered at the Supreme or Superior Judi- 
cial Court, or highest Court of Law, to be established 
by the government of the said new State, which shall 
first thereafter be held within or for the county in which 
such action, cause or suit m^^y be depending, and shall 
there be heard, tried and determined according to law : 
Proviso. Provided however, that nothing contained in this sec- 
tion shall be understood or construed to control in any 
degree, the riglit of the people of the said new State, 
or the government thereof, to establish Judicial Courts 
in such manner, and with such authority as they shall 
see fit ; nor to prevent the said people or their govern- 
ment from making any other provisions, pursuant to 
their constitution, and not repugnant to tlie terms and 
conditions above set forth respecting all the said ac- 
tions, suits, processes, matters and things, herein above- 
mentioned, as they shall think most proper, to prevent 



NANTUCKET ACADEMY. June W, 1816. ssr 

tlie discontinuance thereof, and to avoid any delay or 
failure of justice. 

[Approved by the Governor, June 20, 1816.] 



-»■-■* 



CHAP. XLir, 

An Act relative to the Nantucket Academy. 

Whereas the Proprietors of the Nan- 
tucket Academy at Nantucket, are desirous of closing 
tlie concerns of said Institution, and that their corpor- 
ate powers should he dissolved : 

Sec. 1. BE it enacted by the Senate and House of 
Ilejprespntatives in General Court assembled^ and by 
the authority of the same, That the term of six months 
be allowed, from and after the passing of this act, to Time allowed, 
the proprietors of Nantucket Academy, to sell and dis- 
pose of all their property real and personal, to divide 
the same among their respective proprietors, and to 
bring to a final close all the coneernis of said Institution. 

Sec. 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 cf March, in the year of our liord one thousand 
eight hundred and one, be, and the same is hereby re- ^(.t rcpeak^. 
pealed, from and after the expiration 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 whicli 
the said Corporation is a party, and the same are here- 
by confirmed ; and provided further, that the lands Provisf, 
granted to the Trustees of said Nantucket Academy, 
in and by the sixth section of the said act, be recon- 
veyed 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 
^x months, from the passing of this act. 

[Approved by the Governor, June 20, 1816.] 



S58 BILLS— BOARD OF HEALTH. June 20, 1816. 



CHAP. XLIIL 

An Act to repeal an act and part of another act rela- 
tive to the passing or negotiating Bank Bills of cer- 
tain descriptions. 

15 E it enacted hy the Senate and House of 
Hepresentatives in General Court assembled, and hy 
the authority nf the same, That the act, entitled an 
act in addition to an act requiring the several incorpo- 
rated Banks in this Commonwealth, to adopt the ste- 
reotype steel plate in certain cases and for other purpo- 
ses, passed the twentieth day of June, in the year of 
our Lord one thousand eight hundred and nine — also 
the second section of an act, entitled an act to enforce 
the payment of Bank Notes, passed the twentieth day 
of June, one thousand eight hundred and nine^ be, and 
the same hereby are repealed. 

[Approved by the Governor, June 20, 1816.] 



CHAP. XLIV. 

An Act to empower the town of Boston to choose a 
Board of Health, and to prescribe their power and 

duty. 

Sfx. 1. JiE it enacted hy the Senate and House of 
Jiepresentatives in General Court assembled, and by 
the authority of the same^ That the inhabitants of the 
town of i?oston, qualified to vote for town officers, shall, 
Tim? of .y.oos on the first Wednesday of April, annually, meet in their 
respective 'Wards, at such time and place as may be 
appointed by the present and succeeding Boards of 
Health of said town, and published in two of the news- 
papers printed in said town, seven days previous to the 
time of meeting, and clioose one able and discreet per- 
son, being a freeholder and resident within the Ward 
for which lie shall be chosen, to be Member of a Board 
of Health, which. Board shall consist of one person 



membei'S. 



BOARD OF HEALTH. June 20, 18i6. S59 

from each Ward, chosen by a majority of the voters 
present, and by ballot : And the Members of the Board 
of Health, for the time being, shall preside each in his 
respective Ward, at such meetings, and on the neglect 
of either of them, a Committee chosen by the Ward 
shall preside until a Clerk for such Wai*d is chosen by 
a majority of the voters present ; whose duty it shall 
be to preside at future meetings of said 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 person shall be elected, at w^hose 
dwelling-house, the Clerk shall, on the same day, leave 
a written notification of his being chosen as aforesaid ; po^rersofcterk.- 
and upon his refusal or non-acceptance within four days, 
after notice as aforesaid, the Clerk shall summon a new 
meeting of the inhabitants of his Ward at a time and 
place to be specified in two of the newspapers as afore- 
said, three days at least previous to the intended meet- 
ing ; 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, and in case 
of the acceptance of any person chosen as aforesaid, 
the Clerk of the Ward, where such person is chosen, 
shall notify the President 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 after 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 organized agreeable to the 
provisions of this act. And the President of the Board Powers of Pie- 
of Health, for the time being, or in case of his death or^' 
absence from the town of Boston, or incapacity to at- 
tend, 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 choson as aforesaid, notify the new Mem- 
bers 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, 



260 BOARD OF HEALTH. June SO, 1816. 

for said Board ; aud he hereby is authorized to admin- 
ister to such Secretary an oath faithfully to record all 

Regulations. f\^Q votcs, ordcrs, procccdiugs and regulations of said 
Board, and faithfully to perform all the duties of his 
said office, during liis continuance therein, which oath 
shall be entered and subscribed by such Secretary on 
the records of said Board, and attested by the person 
administering the same, after "which such Secretary 
shall have tlie custody of the records, books and pa- 
pers of said Board ; and a certified copy of the votes, 
orders, proceedings and regulations of said Board, or a 
eertitied copy from the records of said Board, by such 
Secretary thereof, shall be received and admitted as 
evidence in all cases relating to the proceedings or con- 
cerns of said Board. 

Sec. 2. Be it further enacted y That said Board of 
Health shall have power, and it is hereby made their 

Powers. duty, to examlue into all causes of sicknes, nuisances, 

and sources of filtli tliat may be injurious to the health 
of the inhabitants of the town of Boston, which do, or 
Biay exist within the limits of the town of Boston, or on 
any island, or in any vessel within the harbor of Boston, 
or w ithin the limits thereof, and the same to destroy, re- 
move or prevent, as tlie case may require ; and when- 
ever 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 there- 
of, within the limits of the said town of Boston or the 
harbor thereof, for the purpose of examining into, de- 
stroying, removing or preventing any nuisance, source 
of filth, or cause of sickness aforesaid, which said Board 
have reason to believe is contained 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 foi the county of Suffolk, 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 
uuisauce, source of filth or cause of sickness aforesaid ; 
and such Justice shall thereupon issue his warrant, di- 
rected to the Sheriff of the county of Suffolk, or either 
of his Deputies, or any Constable of the town of Bos- 
ton, therein requiring them or either of them; taking 



BOARD OF HEALTH. June m, 1816. 261 

with them sufficient aid and assistance, and also in. 
company with said Board of Health, or some two Mem- 
bers of the same, between the hours of sunrise and sun- 
set, 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, re- 
move or prevent, under the directions and agreeable to 
the order of said Board of Health, or such Members 
of the same, as may attend and accompany such ofR- Piovrs^i, 
cer for such purpose ; provided Jiowever, that no Sheriff 
or Deputy Sheriff shall execute any civil process, eith- 
er by arresting the body or attaching the goods and 
chattels of any person or persons under color of any 
entry made for the purposes aforesaid, unless such ser- 
vice could by law have been made without such entry ; 
and all services so made, under color of such entry, 
shall be utterly void, and the officer making such ser- 
vice 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, destroy- 
ed or prevented in manner aforesaid, the cost of so re- 
moving, destroying or preventing the same, together 
with all costs attending the proceedings relative thcie- 
to, shall be paid by the person or persons, who 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 tiie town 
of Boston, or on board of any vessel, or on any island 
within the harbor of Boston, and it appearing to said 
Board of Health, after the same has been examined in- 
to by the Physician of said Board, or some other re- 
spectable Physician of the town of Boston, that the pub- 
lic safety requires that any person or persons affected 
with any contagious, malignant disorder, should be re- 
moved to the Hospital on Rainsford Island, or to any 
other place within the limits of said town of Boston, on 
any island in the harbor of Boston, or should be con- 
fined or remain in the place where such person or per- 
sons 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 occupy- 
ing such place, building or vessel, notified thereof by 



268 BOAKD OF HEALTH. June SO, 1816. 

said Board, or called on by said Board, shall be obliged 
to obey ; and any person refusing to obey guch order 
ov resisting any officer or person acting under the au- 
thority of said Board or any Member of said Board in 
any of the duties or requirements in tliis section of this 
act, shall severally forfeit and pay for such offence, a 
sura not less than five, and not exceeding five hundred 
dollars, according to the nature and aggravation of the 
offence. 
Euiesaudor- ^EC. 3. Be it furtJiev enacted. That the said Board 
ders. pf Health shall have power to make such rules, orders 

and regulations, 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 
Boston, or on board any vessel, or on any island in 
the harbor of Boston which they may think necessary ; 
which rules, orders and regulations, from and after 
the same have been published in two newspapers, prin- 
ted in the town of said Boston, shall continue in force 
and be obeyed 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, or- 
ders or regulations, so as aforesaid made by such 
Board, shall severally forfeit and pay for such offiance, a 
sum not less than one and not more than fifty dollars, ac- 
cording to the nature and aggravation of such offence. 
Sec. 4. Be it further enacted, That tlie said Board 
Biay seize and of Health sliall havc power to seize, take and destroy, 
iSr^ ^^^'' ^^' ^^ remove to any safe place without the limits of the 
town of Boston, or cause the same to be done, any un- 
wholesome aud putrid or tained meat, fish, bread, ve- 
getable or other articles of the provision 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 removing shall be paid for by the person, 
or persons in whose possession the same unwholesome, 
putrid, or tainted article shall or may be found. 

Sec. 5. Be it further enacted, That the said Board 
of Health shnll have power, from time time, to make 



BOARD OF HEALTH. June 26, i8i6. nm 

and establish all such rules, orders and regnlations re- 
lating to clothing or any article capable of containing 
or conveying any infectious disease, 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 harbor 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 publish- 
ed in two of the newspapers, printed in the town of 
Boston, and shall continue to be in full force until al- 
tered or repealed by the Board who niade and establish- 
ed 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 api^^s. 
sum not less than one dollar, and not more than one 
hundred dollars, according to the nature and aggrava- 
tion of such offence. 

Sec. 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 arri- Quaiautine, 
ving within the harbor 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 security of the health of the inhabitants of the said 
town of Boston ; which said rules, orders and regula- 
tions, so as aforesaid established, made and ordained, 
shall be obeyed by all persons, and shall con- 
tinue to be in force from and after the same shall have 
been published in two nev/spapers, printed in the town 
of Boston, until the same are altered or repealed by 
the said Board establishing, making and ordaining the 
same, or by some succeeding Board of Health. x\nd 
said rules, orders and regulations may extend as well 
to all persons arriving in such vessels, and to their pro- 
perty and effects aboard such vessels, and to all 
such persons as may visit, or go on board such vessels, 
after their arrival in said harbor of Boston, and to the 
cargo of all such vessels, as to the vessels themselves-— 
31 



S64 BOARD OF HEALTH. June 20, 1816. 

as also to every matter and thing relating to, or con- 
nected with such vessel, or the cargo of the same, or 
to any person or persons going on board or returning 
from the same ; and every person who shall knowing- 
ly or wilfully violate or disobey any of such rules, or- 
ders and regulations, so as aforesaid made, established 
or ordained by said Board of Health, shall sevei'ally 
Fiaes. 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 ves- 
sel arriving in the harbor of Boston, which is foul and 
infected, or whose cargo is foul and affected with any ma- 
lignant and contagious disease, to be removed antl pla- 
ced on quarantine ground, and the same to be thorough- 
ly cleansed and purified at the expense and charge of 
the owners, consignees or possessors of the same ; and 
also all persons arriving in or going on board such in- 
fected vessel, or handling such infected cargo, to be 
removed to Hospital or Rainsford Island, under the 
care of said Board, and to the Hospital on the same, 
there to rem?jn under the orders and regulations of 
said Board. All expenses incurred on account of any 
person under the quarantine rules, orders and regula- 
tions of said Board of Health, shall be paid by such 
persons. 

Sec. 7' ^^ it further enacted^ That said Board of 
Health shall have power, and it shall be their duty to 
otecersar. clcct aud appoint a principal Physician to said Board, 
pMislfmd""^ who shall reside in Boston, and an assistant Physi- 
cian, 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 Of- 
ficers and servants as will be necessary to carry into 
effect the rules, orders and regulations of said Board 
of Health, as it respects the quarantine ; and shall 
prescribe to them their duty, and establish their salary 
and fees, aud 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 



BOARD OF HEALTH. JitweSO, 1816. S65 

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 Secreta- 
ry'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 money expended thereon. 

Sec. 8. Be it further enacted, That said Board of 
Health shall have power to elect and appoint Scaven- 
gers, Superintendants of burying grounds, Funeral 
Porters or Undertakers, and such other Officer^ and Scavengers ana 
Servants, 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 establish 
their fees of office or compensation ; and all officers e- 
lected or appointed by said Board, shall be removea. 
ble from their said offices, at the pleasure of said Board, 
and others substituted, elected or appointed in their 
place. And a majority of said Board shall be compe- 
tent to transact any business which the whole Board, 
were they all present, might or could transact. 

Sec. 9. Be it further enacted. That all the powers 
and duties which are given to, or required of tlie 
Selectmen of the town of Boston, by a law of this 
Commonwealth, passed 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 seve- 
ral acts in addition thereto, shall be, and they hereby 
are transferred to and made the duty of the Board of Transfer of 
Health of the town of Boston, any thing in said laws ^°'^"* 
to the contrary notwithstanding. 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 Boston ; and the 
accounts of said Board including all receipts and ex- Expenses. 
penditures of money shall be examined by the Commit- 
tee of accounts annually chosen by said town of Bos- 
ton for that purpose, who shall report a state of them 
to the said town accordingly, and the same shall be 
paid by the Treasurer of said town of Boston. And 
o.n the death or resignation of any Member of said 



§66 BOARD OF HEALTH. JmieW, 1816. 

Board of Health, the said Board may cause such va- 
cancy to be filled by a new election from the Ward 
from which said Member was elected by directing the 
Clerk of such Ward to call a meeting of the inhabi- 
tants of such Ward, qualified to elect a Member of the 
vaeawciesfiiieti Board of Health, to meet at such time and place, as 
^^ shall be notified to him by said Board ; at which meet- 

ing such vacancy shall be filled, and such proceedings 
be had as are directed in the first section ol this act, as 
to the choice and return and notification of the person 
elected as a Member of said Board as aforesaid. 

Sec. 10. Be it further enacted^ That whenever any 
prisoner confined in the gaol in Boston, or within the 
limits of said prison, shall be attacked with any con- 
tagious, malignant disorder, which in the opinion of 
said Board of Healtli, first having consulted with the 
Physician of said Board, or some other respectable 
Physician, of the town of Boston, endangers the safety 
aird healtli of the other prisoners in said gaol, or the 
inhabitants of said town, and that the suifering such 
prisoners, so attacked as aforesaid, longer to remain 
Mnv rmove iu Said gaol, OT withiu the limits of said prison, is not 
jicK prisoners, consistent with the public safety, or. the health of the 
inhabitants of said town, or the prisoners in said gaol 5 
in every such case, the said Board of Health shall make 
application in writing to any two Justices of the Peace, 
quorum units, therein stating the facts relative to such 
ease ; and the said Justices to whom such application 
shall be made, shall examine into such case, and if sa- 
tisfied that the facts stated are true, shall issue their 
warrant to said Koard of Health, authorizing and di- 
recting them to remove said prisoner so attacked with 
such contagious and malignant disorder, to the Hospi- 
tal on Raiusford Island, or to some other place of safe- 
ty, there to remain under the directions of said Board, 
until such prisoner either recovers or dies ; and in case 
of recovery, 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 thereon, into 
the Clerk's Office of the Court, from which the process 
for committing such prisoner to gaol, shall have issued ; 
and the place to which such prispner shall be removed 



BOARD aF HEALTH. June 20, 1816. S67 

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 considered as having committed any escape, so as 
to prejudice either himself, his Bondsmen, or the per- 
sons who had the custody of him in his confinement a- 
foresaid. 

Sec. 11. Be it further enacted. That the said Board 
of Health of the town of Boston are hereby authorized 
and empowered, from time to time, to make and estab- 
lish rules, orders and regulations for the interment ofsurying 
the dead in said town, to 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 en- 
closed. Also to make regulations for funerals and fu-Faoerais. 
neral processions, and appoint all necessary Officers 
and persons to carry the same into effect, and to ap- 
point 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 vi- proviso forPe- 
olation, shall exceed the sum of fifty dollars. And all"^^*^^^ 
such rules, 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 printed in Boston, and shall 
continue in full force, until the same are altered or re- 
pealed by the said Board, who made and established 
them, or by some succeeding Board. 

Sec. 12. Be it further enacf^^Z, That the said Board 
of Health shall have power to grant permits for the re- Penmts, 
moval of 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, origina- 
ting under this act. And all tines, forfeitures, penal- 
ties, sums to be paid or recovered, arising under any 
of the provisions of this act, shall be prosecuted for. May prosecute. 
by and in the name of* The Board of Health of the 
town of Boston," by complaint or information by said 



268 BOARD OF HEALTH. June SO, 1816. 

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 beins; 
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 
plaee to be named in said warrant, to shew cause, if 
any they have, why they should not pay the sum de- 
manded 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 complain- 
ed against as aforesaid, at least seven days before the 
day in said warrant stated, as the said day of trial, by 
roims oi Pro- giviug such party in hand, a copy of such warrant, 
fcss. reading the same to him, or leaving a 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 aforesaid, the said Justice shall proceed to 
render judgment in every such case, that the saidBoard 
of Health shall recover such 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 ex- 
ecutions 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 this Com- 
Tixiviso. monwealth : Provided lioivever, that in all such prose- 
cutions as aforesaid, if the said Board of Health shall 
discontinue such prosecution or become nonsuit, or the 
same on the merits should be decided by such Justice 
trying such prosecution against them, in every such 
case, the said party informed against and complained 
of, shall recover his legal costs against said Board, 
wliich costs shall be paid by the Treasurer of the towK 
of Boston. And in every prosecution under this act. 



BOARD OF HEALTH. June 20, 1816. S69 

before any Justice of the Peace as aforesaid , the party 
complained against in such prosecution, being dissatis- 
fied with the judgment in the same, given by such Jus- 
tice, may appeal therefrom to the Boston Court of Com- Appeal?. 
mon Pleas, next to be holden at Boston, within and for 
the county of Suffolk, after such judgment is so as a- 
foresaid given, or rendered by such Justice ; provided 
such appeal be entered within twenty-four hours after 
sudh 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 
judgments 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 pro- 
ceed to hear and determine the same in the same man- 
ner, and aw' ard 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 appeals to them from judgments given by Justices 
of the Peace in this Commonwealth. And in all ca- 
ses of such appeals on prosecutions under this act, the 
party prevailing in tlie said Court shall recover his 
costs, to be paid in the manner prescribed in this sec- costs. 
tion of this act : Provided however, that no appeal 
shall be allowed or granted to said Court in any prose- 
cution under the provisions of this act, where the a- 
mount of the judgment 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 Trea- 
surer ot said town of Boston. And provided also, thatprovi-io! 
in consequence of said appropriation of said fines and 
forfeitures, or the appropriation of any other monies 
by virtue of this act, no inhabitant of the said town of 
Boston shall be disqualified as a Justice 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 there- 
by incompetent witnesses in any prosecution under this 



27Q TRAINING MILITIA. June SO, 1816. 

act ; and the Members of said Board of Health, while 
Exemptions, they contiiiue in such office, shall be exempted from 
all militia duty and every other duty and service, whicli 
by law the Selectmen of towns in this Commonwealth 
are exempted from : and all laws heretofore made re- 
lating to a Board of Health in tlie town of Boston, so 
far as they are inconsistent with or contrary to the pro- 
visions of this act, shall be, and the same are hereby 
Act^repealed. repealed. Frnmded however, that the election of the 
present Board of Healtli for the said toAvn of Boston, 
and all their doings under the said laws are hereby 
confirmed, and they shall have and exercise all the 
powers and duties required or permitted by this pre- 
sent act ; and ^provided also, that all prosecutions now 
pending, shall be proceeded in, in the same way and 
manner, as though this act had never been passed. 
And in all prosecutions under this act, the persons 
May pJead the P^'osccutcd, may plead the general issue, and give any 
general issue, special matter in evidence under the same; and the 
complaint, information, pleadings or proceedings in 
any prosecutions under this act. may, by leave of Court, 
before whom the same is, or may be pending, be a- 
mended in any state of such prosecution, without the 
payment of costs by either party. 

[Approved by the Grovernor, June 20, 1816.] 



CHAP. XLV. 

An Act, in addition to the act for regulating, governing 
and training the Militia of this Commonwealth. 

TVhEREAS, Congress on the twentieth day 
of April, in the present year, passed the following law, 
entitled " An Act concerning Field Officers of the Mi- 
iPteambie. ^^^^^ j ^^ i^ cnactcd by the Senate and House of Re- 
presentatives of the United States of America in Con- 
gress assembled. That from and after the first day of 
May next, instead of one Lieutenant-Colonel Com-> 
mandant to each regiment, and one Major to each bat- 
talion of the Militia, as is provided by the act, entitled 
" An Act more effectually to provide for the national 



TRAINING MILITIA. June 20, 1816. sn 

defence, by establishing an uniform Militia throughout 
the United States, approved May the eighth, one thou- 
sand seven hundred and ninety-two, there shall be one 
Colonel, one Lieutenant- Colonel, and one Major to 
each Regiment of the Militia consisting of two battal- 
ions ; where there shall be only one battalion it shall 
be commanded by a Major : Provided, That nothing pio^so. 
contained herein shall be construed to annul any Com- 
mission in the Militia which may be in force, as grant- 
ed by the authority of any State or Territory, in pur- 
suance of the act herein recited, and bearing date prior 
to the said first day of May next -J^ Therefore, to car- 
ry the provisions of the foregoing law into effect within 
this Commonwealth : 

Sec. 1. Be it enacted by the Senate and House of 
Jlpjjresentatives in General Court assembled^ and by 
the authority of the same, That the Field Officers of Field officers, 
each regiment shall hereafter consist of one Colonel, 
one Lieutenant-Colonel and one Major, instead of one 
Lieutenant- Colonel-Commandant to each regiment, and 
one Major to each battalion. 

Sec. 2. Be it further enacted, That all elections to 
the office of Lieutenant-Colonel-Commandant made on, 
or since the first day of May in the present year, be and 
they are hereby declared void — And that the Colonel, 
Lieutenant-Colonel and Major of each regiment shall 
be chosen by the written votes of the Captains and Su- Election of offi- 
balterns of their respective regiments ; and be comniis'*^'''^- 
sioned by the Commander in Chief in the grades to 
which they may be legally elected : Provided, never- 
theless, and. 

Sec. 3. Be it further enacted. That each Lieutenant- 
Colonel -Commandant of a regiment, who now is duly 
in commission bears date prior to the aforesaid first day 
of May, be, and he hereby is declared to be entitled 
to the rank of Colonel ; and each Major now senior in 
commission in every regiment, and who was in com- 
mission as Major prior to said first day of May, be, and 
he hereby is declared to be entitled to the rank of Lieu- 
tenant-C(donel ; and his Excellency the Commander 
in Chief is hereby authorized and requested to grant 
and issue to such Lieutenant-Colonels-Commandant, ^,..,1 c^m. 
and to such Majors, brevet commissions, conferring on^-*^''^^ 
34- 



S73 TOWN OF NORTH HILL. June SO, 1816. 

them the rank, to which they are herein declared to be 
entitled; which brevet commissions shall avail tlie Offi- 
cers entitled to, and receiving them, in all respects re- 
garding rank, as if their first commissions contained the 
grade expressed in their brevet commissions. 

[Approved by the Governor, June 20, 1816.] 



CHAP. XLVI. 

An Act to establish the town of North Hill, in the couu* 
ty of Somerset. 

Sec. 1. 13 E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the township num- 
bered two, on the east side of Kennebeck river, in the 
Bingham Purchase, (so called) in the county of Somer- 
set, as contained within the following described 

Boundaries, bouuds, be, and hereby is incorporated and establish- 
ed as a town, by the name of North Hill, viz. : easter- 
ly by the township numbered two, in the same range of 
townships : northerly by the township numbered two, 
in the second range ; southerly by the town of Athens ; 
and westerly by the town of Bingham. And the said 
town is hereby vested with all the corporate powers and 
privileges, and subject to all the duties and requisi- 
tions of other corporate towns, according to the Con- 
stitution and Laws of this Commonwealth. 

Sec. S. Be it further enacted, That any Justice of 
the Peace for the county of Somerset is hereby em- 
powered, upon application therefor, to issue a warrant, 
directed to a freehold inliabitant of the said town of 
North Hill, requiring him to notify and warn the free- 
holders and other inhabitants thereof, qualified to vote 

TowuiueeUugs in the choice of town officers, to meet at such conven- 
ient time and place, as shall be appointed in the said 
w^irrant, for the choice of such town officers, as towns 
are by law required and empowered to choose and ap- 
point at their annual toAvn meetings. 

[Approved by the Governor, June 20, 1816.] 



U, STATES' LIGHT HOUSES. June 20, 1816. 3^3 



CHAP. XLVIL 

An Act to cede to the United States tlie jurisdiction 
of sites for Light Houses on Race Pointy, Nashaun 
Island and Point Gammon. 

Sec. 1. XfE it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same, That the jurisdiction of ten 
acres of land on Race Point, in the town of Province- Location 
town and the soil thereof, being the property of this 
Commonwealth, be, and hereby is granted to the Uni- 
ted States of America^ for the purpose of erecting a 
Light House on the same : Provided, that this Com- Proviso. 
monwealth shall retain and does hereby retain concur- 
rent jurisdiction with the United States, in and over said 
land, so far as that all civil and criminal processes is- 
sued under the authority of this Commonwealth, or any 
officer thereof, may be executed on any part of said 
land or in any building which may be erected thereon, 
in the same way and manner as if the jurisdiction had 
not been granted as aforesaid. 

Sec. 2. Be it further enacted, That the United 
States of America may purchase any tract of land not May purchase 
exceeding four acres, which shall be found necessary !;|J]fj,^|',^f^'''' 
for the Light House authorized by Congress to be built 
at Tarpaulin Cove, on Nashaun Island, and may hold 
the same during the continuance of the use and appro- 
priation aforesaid, reserving to this Commonwealth 
concurrent jurisdiction with the United States in and 
over the said land in manner and form as set forth in 
the first section of this act. 

Sec. 3. Be it further enacted, That the United 
States of America may purchase any tract of land not May purcha^^^e 
exceeding: seven acres, which shall be found necessary'/."'^ "" ''"'"'- 
for the Light House authorized by Congress to be erect- 
ed on Point Gammon, in the town of Yarmouth, and 
may hold the same during the continuance of the use 
and appropriation aforesaid, reserving to this Common- 
wealth the concurrent jurisdiction with the Uiiited 



S71 FRYEBURC^H CxVNAL. June SO, 1816. 

States in and over the said land, in manner and form 
as set forth in the first section of this act. 

[Approved by the Governor, June SO, 1816.] 



CHAP. XLYIII. 

An Act in addition to an act, entitled ^' An act to in- 
corporate the Proprietors of the Fryeburgh Canal." 

Sec. 1. JliF it enacted by tJie Senate and House of 
Jiepresentatives in General Court assembled, and by 
the authority of the same, That the Bear Pond, situate 
Rpsignation of J'^ Frycburgh, and which lies in the course of the new 
title channel, pointed out and authorized by an act, enti^ 

tied ^^ An act to incorporate the Proprietors of the 
Fryeburgii Canal," shall be deemed and taken to be 
the Pond intended by said act, notwithstanding the 
same is denominated <^ Bean Pond" in the first section 
of the act aforesaid. 

Sec. 2. Be it farther enacted, That any person who 
shall be damaged in his property by the opening of said 
Damages. ncw channel, and who shall claim damages of said cor- 
poration, shall exhibit and deliver his claim in writing 
to the Clerk of the said Proprietors, and shall therein 
name the sum, so claimed by him ; and the said Cor- 
poration shall have and be allowed the term of ninety 
days, from and after the delivery of the written claim as 
aforesaid, to their Clerks, to settle with the person so 
claiming damages : and no application to the Circuit 
Court of Common Pleas, nor the Supreme Judicial 
Court, for the appointment of a Committee to estimate 
the damages so claimed as aforesaid, shall be made to 
and sustained by either of said Courts, until after the 
expiration of said term of ninety days. 

Sec. 3. Be it further enacted. That the said Cor- 

May hold real poratiou may purchase and hold real estate, on saidri- 

estatc. j,^Y and new channel, within said town of Fryeburgh, 

not exceeding the value of ten thousand dollars, and 

may erect such mills and other works thereon as they 

may deem expedient ; and may also be lawfully pos- 



PARISH ST. MATTHEWS. June 20, iSiQ. 375 

sessetl of and hold personal estate not exceeding ten 
thousand dollars : And they are hereby vested with 
all the powers requisite to enable them to manage and 
improve the same. 

Sec. 4. Be it further enacted, That all claims or 
right of action which individuals may or shall have a- 
gainst said Corporation, or the Members thereof, by 
reason of opening the said new channel, shall be bar- Limitation of 
red and cease at the expiration of four years from and*"^"^^' 
after the time the cause of action shall have accrued. 

Sec. 5. Be it further enacted, That the several 
Members of said Corporation are hereby authorized yembers sue. 
to have and maintain actions against the other Mem- 
bers thereof, to recover such sum or sums of money as 
shall indemnify the Member commencing said action, 
for all damages and costs he may have sustained or 
been subjected to in the payment of any execution re- 
covered against said Corporation, or any monies due 
from said Corporation. 

[Approved by the Governor, June 20, 1816.] 



able. 



CHAP. XLIX. 

An Act to incorporate the Protestant Episcopal Parish 
of Saint Matthews, in Boston. 

Sec. 1. JdE it enacted hj the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same. That Abraham Gould, J3ar- persons incor 
ker Brooks, John Prouk, William Brown, William i""^'"^^*^- 
Summers and Josiah Dunham, together with such oth- 
ers 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 po- 
litic, by the name of The Protestant Episi opal Parish 
of St. Matthews, in Boston ; and the said Parish or 
Society are hereby invested with full power aiul au- 
thority to assess and collect of the Members belonszins: 
to said Parish, for the purpose of maintaining the pub- 
lie worship of God therein, and fur maintaining their 



276 PARISH ST. MATTHEWS. June 20, 1816. 

instruction of piety, religion and morality, and for erect- 
ing a house of public worsliip, and repairing the same 
from time to time, such monies as are or may be neces- 
sary for those purposes ; and they are hereby vested 

0)rpGaatei)ow.with such powers, privileges and immunities^ as any 
other religious Society does or may enjoy by the laws 
of this Coramonweath. 

Sec. 2, Be it further enacted. That if any other per- 
son or persons may hereafter incline to join said Episco- 
pal Parish, iuBoston aforesaid, and shall leave a certifi- 
cate of the same, signed by the Rector, Clerk or Commit- 
tee of said Parish, witli the Clerk of the town to which 
lie or they may respectively belong, he or they, with his 
or their polls and estates, shall be considered as belong- 

Transipiof **^S ^^ ®^^^ Episcopal Parish, in the same manner as 

membership, thougli he or they were incorporated by name in this act. 
And whenever any person or persons, belonging to said 
Episcopal Parish shall see cause to leave the same, and 
unite with any other religious Parish or Society, and 
shall leave with the Rector or Clerk of said Episcopdl 
Parish, a certificate of the same, signed by the Minister 
or Clerk of the Parish, or othei* religious Society, with 
which he or they may have united, he or they, with his 
or their polls and estates, shall be discharged from said 
Episcopal Parish, and annexed to the Parish or Socie- 
ty to winch he or they may have joined themselves. 

Sec. 3. Be it further enacted, That the said Pro- 
testant Episcopal Parish be, and hereby is empowered 

Funds. to raise and establish a fund in such way and manner 

as it may see fit. the annual income or interest of which 
shall not exceed the sum of two thousand dollars ; the 
said income or interest, or so much thereof as shall be 
necessary, to be appropriated to the support of a Pro- 
testant Episcopal iVlinister or Ministers in said Parish. 

[Approved by the Governor, June 30, 1816.] 



NAMES ALTERED. June SO, 1816. S77 



CHAP. L. 

An Act to alter and cliange tlie names of certain per- 
sons therein mentioned. 

JjE it enacted hy the Senate and House of 
llepresentatives in General Court assembled, and hj ^ 

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

sing of this act, Stephen Minot Thayer Fogg, of Brain- 
tree, in the connty of Norfolk, student at law, shall be 
allowed to take the name of Ebenezer Thayer Fogg : 
Mehitable Miller Soper, of Braintree aforesaid, shall 
be allowed to take the name of Eliza Mary Thomas 
Soper : John Child, of Boston, in the county of Suf- 
folk, merchant, son of Daniel Child, of Newton, shall 
be 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 allowed to take the name of Lucy Hill Foster : John 
Child, of Boston aforesaid, merchant, son of Steplieu Persons ri,:.^- 
Child, of Roxbury, shall be allowed to take the name ''s^' '*"'""" 
of John Weld Child : Henry Coffin, of Boston, son of 
John Gorham Coffin, shall be allowed to take the name 
of Henry Rice Coffin : Loammi Hamilton, of North- 
ampton, in the county of Hampshire, shall be allowed 
to take the name of Alexander Hamilton : Billy Han 
cock Grant, son of David Grant, of Wrentham, in the 
county of Norfolk, shall be allowed to take the name 
of William Hancock Grant : Israel Lakeman, of Bos- 
ton aforesaid, merchant, son of Pelatiah Lakeman, shall \ 
be allowed to take the name of David Hinkley Lake- 
man : Gorliam Benson of Scitua,te, in the county of 
Plymouth, shall be allowed to take the name of Will- 
iam Gorham Benson : George Thacher, second, of Bos- 
ton aforesaid, shall be alloAved 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 Biownell, of 
Westport, in the county of Bristol, son of George 
Brownell, late of said Westnort. shall be allowed to 



S78 MIN. LANDS IN HARTFORD. June 20, i8i6, 

take the name of David Milk Brownell . Rebecca Da- 
vis, daughter of Samuel Davis, of Newbury, in the 
county of Essex^ shall be allowed to take the name of 
Rebeccah Kendal Davis : Janiiah Ranny, of North- 
ampton aforesaid, shall be allowed to take tlie name of 
George Jannah Ranny ; William Bradford, of Bos- 
ton aforesaid, merchant, shall be allowed to take the 
' name of William Washer Bradford : Aaron Davis, 

son of Aaron Davis, of Newburyport, in the county 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 of Plymouth, shall be allowed to take the name 
of James Seymour Allen : William Spooner, of Bos- 
, ton aforesaid, son of William Spooner, of said Boston, 

Physician, shall be allowed to take the name of Wil- 
liam Jones Spooner, 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 
intents and purposes. 

[Approved by the Governor, June SO, 1816.] 



CHAP. LI. 

An Act authorizing the sale of Ministerial lands in the 
town of Hartford. 

Sec. 1. x5E if enacted by the Senate and House of 
Mepresevtatives in General Court assembled^ and by 
the authority of the same, That David Warren, Arvi- 
da Hayford, James Ricker, Joseph Soule, Oaks 
TncoriwrationcfThompson, Lcmucl Thomas, and Sampson Read, be, 
Tiusices. .J^^^\ ^jjpy ^YQ hereby incorporated into a body politic, 
by the name of The ^^ Trustees of the Ministerial 
Funds iu Hartford,*' and they and their successors 
shall be, and continue a body politic and corporate, by 
that name forever ; and shall have a common seal, sul>- 
ject to alteratioa at their pleasure : may sue and be 



MIN. LANDS IN HARTFORD. JkneSO, 1816. ^79 

sued, prosecute and be prof5ecuted^ defend and be 
defended in all actions to final judgment and execution. 

Sec 2. Be it further enacted^ That the said Trus- 
tees or a major part of them be, and they are hereby 
authorized and empowered to sell and convey, in fee^^y f" ^^^ 
simple, all or any part of the Ministerial lands be- ^ ' 
longing to the said town of Hartford, and to make, ex- 
ecute and acknowledge a good and sufficient deed or 
deeds thereof ; which deed or deeds, subscribed by 
their President and countersigned by their Clerk, un- 
der and by the direction and order of the said Trustees, 
or a major part of them, with the seal of said Corpora- 
tion thereto affixed, shall be good and valid in law to 
pass and convey the fee simple of said lands from said 
town to the purchaser or purchasers thereof, to all in- ,| 

tents and purposes whatsoever. « 

Sec. 3. Be it further enacted^ That said Trustees 
shall annually, in the month of March or April, from 
among their number, elect a President and also a Clerk ;j9*°|j'^^^^^''^^^'''- 
the duty of the Clerk shall be to record the doings of 
the said Trustees in a book or books to be kept for , 

that purpose ; and he shall be sworn to the faithful 
discharge of his duty, and a record thereof shall be 
made in the books of said Corporation ; and the said 
Trustees shall also, in the month of March or April 
annually, choose a Treasurer, whose duty it shall be 
to receive and apply the monies hereinafter mentioned, 
in the manner a.ud for the purpose hereinafter directed. 

Sec. 4. Be it further enacted^ That the number of 
said Trustees shall at no time be more than seven nor Number of 
less than five, and four of their number shall be neces- ^'"^'*^^*- 
sary to constitute a quorum for transacting the business 
of said Corporation ; and whenever any vacancy shall 
happen by death or otherwise, in the office of any of 
the Trustees aforenamed, it shall be the duty of the 
Clerk of the Corporation, within thirty days next af- 
ter, to give notice thereof to the Selectmen of the said 
town of Hartford ; and the said Selectmen shall, in 
their next warrant for a meeting; of the inhabitants of 
said town, insert an article for the choice of a Trus- 
tee or Trustees, to fill said vacaiacy or vacancies, who ^f^.p'''-^' ^'^' 
shall be chosen in such meeting, in the same way and 
manner as the Selectmen of towns are by law to be 
35 



SSO MIN. LANDS IN HARTFORD. June SO, 1816. 

chosen ; and the inhabitants of said towns, at their an- 
nual March or April meeting in any year, upon the 
written complaint of said Corporation, and not other- 
wise, may remove any Trustee, who through age, in- 
firmity or other cause, may become unfit or incapable 
of discharging his duty, and shall thereupon supply 
the vacancy so made, by a new choice, in manner afore- 
said, from among the inhabitants of said town of 
Hartford. 

Sec. 5. Be it further enacted, That the monies ari- 
sing from the sale of said lands, shall , as soon as may 
be, be loaned on interest, and shall be secured by mort- 
Fumis how se-crag-e of rcal estate, to the full value of the estate sold, 
plied. or monies loaned, or by two or more sufficient sureties, 

with the principal and the said interest to be annually 
applied to the support of the Ministry in said town, 
and each religious Society shall draw their proportion- 
able part of the interest according to the valuation of 
Proviso. said town, to be applied as aforesaid ; provided always^ 
it shall never be in the power of the town aforesaid, to 
alienate, or in any other way dispose of, or interfere 
with the fund or principal ; but the said Trustees shall 
exhibit or cause to be exhibited to said town at its an- 
nual meeting in March or April, a regular and fair 
statement of their doings. 

Sec. 6. Be it further enacted, That the Treasurer 
Tixasmcrmust Qf gc^jj Trustces shall civc bouds in double the amount 
° of their funds, with sufficient sureties to the said town 

of Hartford, conditioned for the faithful performance of 
liis duty, and for the faithful application and appropri- 
ation of the monies which may come into his hands 
conformable to the true intent and meaning of this act. 
Sec. 7* ^'^ it further enacted. That any Justice of 
the Peace for the county of Oxford, upon application 
made to him by three of the said Trustees, is authori- 
zed to issue his warrant to one of the Trustees before 
Justice (u warn namctl, rcquiiing him to notify and warn the first meet- 
jucctiig. ingof said Trustees, at such convenient time and place 
as shall be appointed in said warrant, to organize the 
Corporation by the appointment of its officers. 

[Approved by the Grovernor, June 20, 1816.] 



LINUM COM.— BEDFORD BNK. Jane^O, 1816. 281 



CHAP. LII. 

An Act in addition to an act, entitled " An act to incor- 
porate the Linum and Duck Manufacturing Com- 
pany." 

Be it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, Tiiat the Linum and Duck 
Manufacturing Company, in addition to their present 
powers, be, and the said Company hereby is authori- ^^^^^^J'^',^^"^ ^^' 
zed to manufacture nails and other iron and hard-ware, 
and to purchase, hold and employ machines and tools 
necessary and useful for the purposes aforesaid : Pro- 
vided however, that nothing in this act contained shall 
be so construed as to increase the capital stock of said 
Company beyond the amount limited by the act to 
which this is in addition. 



[Approved by the Governor, June 20, 1816.] 



CHAP. LIII. 

An Act extending the time allowed the Trustees of the 
Bedford Bank, to close their concerns. 

Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the further time of three Time aij"^''! 
years, from the first Monday of October next, be grant- ^"^4"'" '"^ ' " 
ed and allowed to the Trustees of the Bedford Bank, 
for the sole purpose of enabling said Trustees, grad- 
ually 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 Commonwealth to settle and 
close their concerns." 

[Approved by the Governor, June 20, 1816.] 



COMMONWEALTH OF MASSACHUSETTS. 



Secretary's OJ^ce, August ISth, 181C. 
The Lkws contained in this pamphlet, passed at the session of the General Couil, 
lbt-g;iiiniug May 29th, and-ending June 20th, 1816, have been examined and coropare4 
v/iththe ovJp;inals \n this office, and appeal" to be correct. 
Attcst'r. 

ALDEX BRADFORD, 

Secretary of the Cemmonwealih. 



LAWS 

OF THE 

COMMOJK* WEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, COMMENCING ON THE THIRTEENTH DAY 0^ 

NOVEMBER, AND ENDING ON THE FOURTEENTH DAY 

OF DECEMBER, A. D. 1S16, 

CHAP. LIV. 

An Act in further addition to an act, entitled '^ An act 
to incorporate Nicholas Thorndike and others into a 
Company, by the name of the Beverly Marine In- 
surance Company.'^ 

JjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That such further time, not 
exceeding five years, from and after the twenty-fourth f.u ther time 
day of August next, be allowed to the Stockholders in^'^tXenls/'"^ 
the Beverly Marine Insurance Company, named in an 
act, entitled " An act to incorporate Nicholas Thorn- 
dike and others into a Company, by the name of The 
Beverly Marine Insurance Company," to pay in the re- 
sidue, being the last moiety of the instalments, and a- 
mounting in all to fifty dollars on a share, in the capi- 
tal stock of the said Company, as the Directors thereof 
may judge proper, and that the said residue shall be 
paid in at such times and in such proportions as the 
said Directors shall order and appoint, within the pe- 
riod aforesaid : Provided however, that nothing in this 
act shall be construed to exonerate or discharge the es 



284 POOH PRISONERS. Mv. 25^, 1810. 

tates of tlie said Stockholders from being liable in the 
manner and for the purposes mentioned in the tenth sec- 
tion of the said original act; in addition to which this 
act is made. 

[Approved by the Governor, November 23, 1816.] 



CHAP. LV. 

An Act in further addition to an act, entitled " An act 
for the relief of poor prisoners, who are committed by 
execution for debt.'' 

I3E 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 pas- 
sing of this act, it shall be the duty of the Justices who 

Preamble, may administer an oath to any person, who is com- 
mitted by execution for debt, in order for the liberation 
and discharge of such person from prison, instead of 
the oath prescribed in any former act, to administer an 
oath in the form following, to wit : — 

I , do solemnly swear before 

Almighty God, (or affirm as tlie case may be,) that I 
have not any estate, real or personal, in possession, re- 
version, or remainder, sufficient to support myself in 
prison, or to pay prison charges, except the goods and 
chattels by law exempted from attachment and execu- 
tion ; and that I have not, since the commencement of 

Ne« oath, this suit against me, or at any other time, directly or 
indirectly, sold, leased, or otherwise conveyed or dis- 
posed of, to, or entrusted any person or persons whom- 
soever, with all, or any part of the estate, real or per- 
sonal, whereof I have been the lawful owner or pos- 
sessor, with any intent or design to secure the same, 
or to receive or to expect any profit or advantage there- 
for ; or have caused or suffered to be done, any thing 
else whatsoever, whereby any of my creditors may be 
defrauded — So help me God — (or this I do under th(i 
pains and penalties of perjury, as the case may be.) 



POOR PRISONERS. .Vot?. 25, 1S16. S85 

And the form of the certificate thereof, to be nmle by 
the Justices, shall be as follows, to wit : — 

S ss. To Keeper of the Gaol at 

We, the subscribers, two of the Justices of the Peace 

for the said county of S , and each of us of the 

Quorum, hereby certify, that (A. B.) a poor prisoner, 

confined upon execution for debt in the goal at a- 

foresaid, hath caused (D. E.) the creditor, at wlose 
suit he was so confined, to be notified according to law Certifieate. 
of his the said (A. Ws,) desire of taking the benefit of 
the act, entitled " An act for the relief of poor prison- 
ers who are committed by execution for debt ;" that in 
our opinion, the said (A. B.) hath not any estate, real 
or persona], sufficient to support himself in prisou, ex- 
cept the goods and chattels by law exempted from at- 
tachment and execution ; and that he hath not coLvey- 
ed or concealed his estate with design to secure the 
same to his own use, or to defraud his creditors ; and 
that we have, after due caution to the said (A. B.) ad- 
ministered to him the oath (or affirmation, as the case 
may be) prescribed in an act entitled an act in firther 
addition to an act, entitled " An act for the rel ef of 
poor prisoners who are committed by executicn for 
debt." Witness our hands and seals, this day 

of Anno Domini 

Provided however, that in all cases in which, since 
the passing of the act entitled ^' An act to exemp cer- Proriso. 
tain goods and cliattels of debtors from attachmeit and 
execution,'*' the oath prescribed in the act, entitled^* An 
act for the relief of poor prisoners who are comnitted 
by execution for debt,*' has been duly adrainisered, 
and a certificate thereof made, in the form thereii pre- 
scribed, and also in all cases in which the oat! pre- 
scribed in the act first in this provision mentiouel, has 
been duly administered, and the certificate therea'made 
in the form prescribed in the act to which this a^t is in 
addition, and also in all cases which may happen from 
and after the passing of the present act, until he first 
day of August next, in which similar proceedin;s shall 
be had, or the oath prescribed in the act firs in this 
provision mentioned, shall be duly administeied, and 
a proper certificate thereof made : the disehargeof such 
poor prisoner and prisoners shall be deemed, taken and 



S86 MISSIONARY SOCIETY. J^ov. S7, 1816. 

adjudged to be good and valid to all intents and pur- 
poses, any thing in the aforesaid act first in this proviso 
meniioned, or in the present act, to the contrary not. 
withstanding ; saving and excepting however all civil 
actons wherein final judgment has been rendered by 
the Supreme Judicial Court. 

''Approved by the Governor, November S5, 1816.] 



CHAP. LVI. 

An Act to incorporate the Berkshire and Columbia 
Missionary Society. 

Sec. 1. JjE i^ enacted by the Senate and House 
of Hepresentatives in General Court assembled, and 
by tie authority of the same, That Jacob Catlin, Alvaa 
Hyde, Samuel Shepard, Henry Brown, Ebenezer 
Persons incor- Jennings, Joseph Woodbridge, Jonathan Nash, and 
^°'^*^ James AV. 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 furnishing the means of 
christian knowledge and improvement, by the distri- 
objects of thebuticn of plous and religious books and tracts, and by 
Stciety. sending Missionaries among the inhabitants of our 
own land, who are destitute of religious knowledge 
and nstruetion, or where such means are but partially 
provded ; and also to aid, as their funds will permit, 
in sp-eading the light of the Gospel among the heath- 
en, ly the name of the Berkshire and Columbia Mis- 
sioniry Society : and the Society aforesaid shall have 
perpitual succession, and may have a common seal, 
whicL tliey 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 tht same hold in fee simple or less estate ; and 
also su!)scriptions, donations and bequests of money, 
or any other personal estate, the annual income of 
which shall not exceed the sum of ten thousand dol- 
lars 5 aid all grants, donations; subscriptions, devises, 



MISSIONARY SOCIETY. JVov. 37, 1816. 287 

and bequests, made to said Society, shall be imjroved 
in such manner, as the Trustees of said Societ; shall 
judge most conducive to the designs of the institution. 

Sec. S. Be it further enacted. That the said So- 
ciety may annually elect, by ballot, by a majority of 
the Members present, a President, Vice-President, a Powers >»« 
Treasurer, Secretary, Clerk, and such number of '^^''^' 
Trustees as they may judge proper, (not less than e- 
leven) and such other officers, 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 bye-laws as they may think 
necessary for conducting and executing the business 
of said Society, and for more effectually securing the 
objects of their institution ; which constitution or sys- 
tem of bye-laws shall be for the government of said 
Society, and shall not be altered at any subsequent 
meeting, but in the manner therein pointed on; : Pro- 
vided, such rules and bye -laws be not repugnant to 
the constitution and laws of this Commonwealth, 

Sec, 3. Be it further enacted. That tlie Society 
aforesaid, shall at all times have power to sue and may May sue aua 
be sued, and may defend, 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 sliall be lawful by deed 
under the hand and seal of their President, for the time- 
being, to sell and convey the same: Provided such 
sale shall be made by order and under the direction 
of the Trustees. 

Sec. 4. Be it further enacted. That a particular 
account of all the funds of said Society, and the dis- 
position thereof shall be exhibited by the Treasurer, 
at the stated annual meeting of said Society, a Com- 
mittee of said Society having first examined and cer- 
tified the same to be true; and fair entries shall beRcconu 
made in books provided for that purpose, of all dona- 
tions 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. 



288 SOCIETY IN WOOLWICH. Dec. 4, 1816, 

Seg 5. Be it further enacted, That Joseph Wood- 
bridge Esqaire, be, and he hereby is empowered to 
Meeting. Call tht> fifst meeting of said Society in their corporate 
capaciy, by publishing a notification in both the news- 
papers 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. 

[Approved by the Governor, November 27, 1816.] 



CHAP. LVII. 

An Act to incorporate the Second Baptist Society 
in Woolwich. 

Sec. 1. JdE it enacted by the Senate and House 
ef Rejjresentatives in General Court assembled, and 
by the authority of the same. That Abner Wade, 
John Shaw, James Williams, Daniel Walker, Bar- 
^ersom incor- ziHa Walkcv, Jamcs Bailey, junior, Francis Cush- 
man, Simeon Williams, Asa Bcals, George Bayley, 
William Gray, James Blin, Timothy Williams, Ste- 
phen Blaekman, Isaiah H. Hedge, Alexander McKen- 
ney, Benjamin Beals, Jesse Bayley, Joseph L. Savage, 
Charles McKeuuey, Peter Berry, John Williams, 
John Shaw, junior, John Bayley, John Wright, junior, 
Abner H. Wade, Joseph Wright, James McKenney, 
Turner Wade, Aaron Hilton, Samuel Soule, Archibald 
MeMurphy, Charles Wade, liichard Mitchel, John 
Card, Nathaniel Day, Members of a Religious Soci- 
ety, together with their polls and estates, be, and they 
hereby are incorporated, by the name of the Second 
Baptist Society in Woolwich, with all the privileges, 
powers and immunities to which parishes in this Com- 
monwealth are entitled. 

Sec. 2. Be it further enacted, That any and ev- 
ery person in the towns of Woolwich and Wiscasset, 
in the county of Lincoln, being of the Baptist deno- 
mination, who may at any time hereafter actually 
become a Member of, and unite in religious worship 
with said Society in Woolwich; and give in his or 



poi-atcd. 



SOCIETY IN WOOLWICH. Deci, 1816. nSQ 

lier name to the Clerk of the town or parish, to which 
he or she belongs, with a certificate signed by the Certificate of 
Minister or Clerk of said {Society, that he or she has^"'''''"" 
actually become a Member of, and united in religious 
worship with said Society in Woolwich, fourteen 
days previous to the town or parish meetings therein, 
to be held in the month of March or April, annually, 
shall, from and after giving such certificate, with his 
or her polls and estates, be considered as a Member 
of said Society : Provided however^ that such person 
shall be held to pay his proportion of all monies assess- 
ed in the town or parish to which he or she belonged 
previous to that time. 

Sec. 3. Be it further enacted^ That when any 
Member of said Baptist Society shall see cause to 
leave the same, and unite in religious worship with 
any other religious Society, and shall give in his or 
her name to the Clerk of said Baptist Relisjious So- 
ciety, with a certificate, signed by the Minister, orP-igi'tof^rrm- 
Clerk of the parish, or other incorporated religious'^" '"'' 
Society, with which he or she may unite, that he or 
she has actually become a Member of, and united in 
religious worship with such other parish, or other 
incorporated religious Society, fourteen days previous 
to their meeting in March or April, and shall pay his 
or her proportion of all monies assessed in said So- 
ciety, previous thereto, such person shall, from and 
after giving such certificate, with his or her polls or 
estates, be considered as a Member of the Society to 
which he or she has so united. 

Sec. 4. Be it further enacted, That any Justice 
of tlie Peace in and for the county of Lincoln, be, 
and he hereby is authorized to issue his warrant, di- Justice to issue 
reeled to some principal Member of said Society, ^^ ""''"'• 
requiring him to notify the Members thereof, qualified 
to vote in parish affairs, to assemble at some suitable 
time and place, in said town of Woolwich, to choose 
such parish Officers as parishes are by law required 
to choose, in the month of March or April annually, 
and to transact all other matters and things necessary 
to be done in said Society. 

[Approved by the Governor, December 4, 1816.1 
37 



S90 WAYNE— U. M. I. COMPANY. Dec. 4, 1816. 



CHAP. LVIII. 

An Act to set oJBF certain land from the town of 
Wayne, and annex it to the town of Winthrop. 

J3E it enacted hy the Senate and House of 
Representatives^ in General Court assemUed, and 
hy the authority of the same, That all that part of the 
farm of William Lowell, of Winthrop, which lies 
within the town of Wayne, be, and it hereby is set 
Laiid set off. off from the said town of Wayne and annexed to the 
town of Winthrop : Provided however, that the said 
Lowell ^shall be liolden to pay all taxes, which have 
been duly assessed on him by the town of Wayne, 
in the same manner as if this act had not passed. 

[Approved by the Governor, December % 1816.] 



CHAP. LIX. 

An Act in further addition to an act, entitled ^^An 
act to incorporate Jonathan Mason and others into 
a Company, by the name of the Union Marine 
Insurance Company." 

JjE it enacted hy the Senate and House 
of Representatives , in General Court assembled, and 
hy the authority of the same, That the Directors of 
s ii all make Di- the Uuion Marine Insurance Company shall 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 pre- 
scribed ; any thing in the act to which this is in addi- 
tion, to the contrary notwithstanding. 

[Approved by the Governor, December 4, 1816.] 



STEELYARD— PIOUS YOUTH. Dec, 4. 1816. S91 



CHAP. LX. 

An Act to authorize the use of the Vibrating 
Steelyard. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled and by 
the authority of the same, That from and after the 
passing this act, the Vibrating Steelyard^ invented or 
improved by Samuel Hills, be permitted to be used 
in all cases of weighing throughout this Common- 
wealth : Provided^ that before being offered for sale Proviso, 
or the same shall be used, each beam and the poizers 
thereof, shall be sealed by some public Sealer of 
Weights and Measures, appointed according to law. 

[Approved by the Governor, December 4, 1816.] 



CHAP. LXI. 

An Act to incorporate the American Society for the 
education of pious youth for the Gospel Ministry. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same f That William Phillips, Sam- Persons iucor- 
uel Salisbury, Eliphalet Pearson, William Reed, Josh- p'^'^^^'^- 
ua Bates, Asa Eaton, Samuel H. AV alley, and Aaron P. 
Cleaveland, together with those who 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 American Society for educating pi- 
ous youth for the Gospel Ministry ; 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 ten thousand dollars. And the said So- 



S9S EDUCATION OF PIOUS YOUTH. Dec, 4, 1816. 

ciety is liereby enabled to take and receive subscrip- 
tions of charitably disposed persons, and may take any 
personal estate in succession : and all donations to the 

^P''^''='^tion of Society, either by subscription, legacy or otherwise, 
(excepting 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 education for the Gospel Ministry. 

Sec. 2. Be it further enacted, That the said So- 
ciety may choose a President, Tice- President, Clerk^ 
Treasurer, and sueh other officers as they shall see fit; 
and may at their first meeting under this Incorporation, 
by the vote of two thirds of their Members present at 
said meeting, adopt such constitution or system of rules 

Rules and Re- and by laws, as they shall think necessary for the 

guiations. orderly conducting and executing the business of said 
Society, and for the most effectually securing the ob- 
ject 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 subse- 
qnenl 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, 

Sec. 3. Be it further enacted, That the Society 
aforesaid may, at all times, under the name, style and 
title aforesaid, siie and be sued, plead and be implead- 
ed, appear, prosecute and defend to final judgment 
and execution, and may appoint an agent or agents to 

itfay sue and be prosecute and defend suits with power of substitution ; 

tued. g^^f] i^ shall be lawful for the said Society to make 

sale of any estate or personal property, given or pur- 
chased as aforesaid, or in any other way or right ac- 
cruing to them in their corporate capacity, (unless 
that which is given be otherwise expressly ordered, 
or appropriated by the donor,) and convey the same by 
deed or other legal instrument duly executed, and 
when the property to be conveyed is real estate, under 
the hand of the Treasurer and the seal ef the Society j 



INSOLVENT ESTATES. Dec. % 1816. S93 

Provided that all monies arising from such sale he 
applied to the same use to which the income thereof 
was hefore applied. 

Sec. 4. Be it farther enacted, That William 
Phillips Esq. be, and he hereby is authorized, by no- 
tification in any two of the newspapers printed in 
Boston, to appoint the time and place of the first meet- ^'"s^ fleeting. 
ing of said Society. 

[Approved by the Governor, December % 1816.] 



CHAP. LXIL 

An Act to authorize the Supreme Judicial Court to 
grant leave to claimants upon insolvent estates to in- 
stitute suits in certain cases, 

JjE it enacted by the Senate and House of 
Ileprese7itatives in General Court assembled, and by 
the authority of the same, That, in all cases in which 
any person heretofore has, or hereafter shall present 
any claim for allowance to any Board of Commission- 
ers, which have been or may hereafter be appointed by 
any Judge of Probate, to receive and examine the 
claims against the estate of any deceased person, which 
has been or may hereafter be represented insolvent, and 
such claim shall have been or may hereafter be reject- Appeals to Su- 
ed by such Commissioners, and a return of their doings Ct! ^"*^"''''* 
made to the Judge of Probate, and the claimant, who 
has or may prefer such claim for allowance has by ac- 
cident, mistake or otherwise, omitted to give notice, or 
shall hereafter omit to give notice, at the Probate Of. 
fice, within twenty days after the making of such re- 
turn of the Commissioners, that it is his or her inten- 
tion to have such claim determined at common law, the 
Supreme Judicial Court, at any session thereof, holden 
in any county, upon such claimant's presenting a pe- 
tition for relief, and making it to appear that he or she 
has reasonable grounds for expecting to support his or 
her claim, and that he or she has not lost his or her 
right to institute a suit against the Executor or Admin- 
istrator of such estate, and have such claim determined 



291 FRAGMENT SOCIETY. Dec. 4, 1816. 

at common law, by liis or lier negligence, is hereby au- 
thorized and empowered, after due notice to the ad- 
verse party, to grant such claimant a right to institute a 
suit for the recovery of such claim, againtst the Exe- 
cutor or Administrator of such insolvent estate, at the 
next Circuit Court ot Common Pleas, to be holden in 
the county in which such Executor or Administrator 
dwells ; or at the next Boston Court of Common Pleas 
to be holden in the county of Suffolk, if such Execu- 
tor or Administrator shall dwell in said county ; and the 
same proceedings shall be had in such suit, as are now 
by law provided, shall be had in suits, instituted by 
claimants for the recovery of claims against insolvent 
estates, which have been rejected by the Commission- 
ers, appointed to receive and examine the claims a- 
Proviso. gainst such estates ; provided however, that no such 
petition shall be sustained, unless the same shall be 
presented within two years from the return of the report 
of such Commissioners to the Judge of Probate, and 
that the distribution of any insolvent estate, which may 
have been made previously to the presenting of such 
petition and notice thereof to the Executor or Adminis- 
trator of such estate, shall not be disturbed by the 
judgment which may be recovered in any such suit ; 
nor shall the right to institute any such suit be granted 
to any claimant after four years shall have elapsed, 
from the time of granting administration on such estate. 

[Approved by the Governor, December % 1816.] 



CHAP. LXIII. 

An Act to incorporate the I'ragment Society. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That Mary Francis, Mar- 
Persont u.cor- garet CWelch, and their associates, together with such 
poiated. others as may become subscribers to the same institu- 
tion, in the manner hereinafter peovided, be, and they 
are incorporated for the purpose of aiding and assisting 



FRAGMENT SOCIETY. Dec. % 1816. 295 

indigent sick persons in the town of Boston, by the 
name of The Fragment Society ; and by that name shall 
be a Corporation forever, with power to have a common Powers, 
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 and the pre- 
servation and application of the fund thereof ; |?rom<fe<Z Pio^'sq- 
the same be not repugnant to 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 im- 
prove, lease, exchange or sell and convey for the sole 
benefit of said institution ; provided the value of the re- 
al 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. 

Sec. S. 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 Husbandsiiabic 
other property 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 Society, a sum 
not less than one dollar annually, shall by subscription 
and payment become a Member of said Society, liable 
however to be removed whenever she shall neglect or 
refuse to pay her annual subscription. 

Sec. 3. Be it further enacted, That the said So- 
ciety shall meet in Boston on the second Monday in 
October annually, for the purpose of electing by ballot Annual Mcet- 
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 year, and until 
others shall be elected to succeed them ; and the Man- 
agers for the time being shall publisli a notification of 
the time and place of each annual meeting in one or 
more of the Boston newspapers, at least seven days 
before the time of holding the same. Upon any ur- 
gent occasion, the first or second President, or when 
requested in writing by fifteen Members of said So-?p'^'='^^ ^^^<=^- 
ciety, any five of the Managers may appoint a special '"^^ 



S96 FRAGMENT SOCIETY. Dec. % 1816. 

< meeting of said Society, to be notified in the same man- 

ner as the annual meetings. And at any regular meet- 
ing of the Board of Managers, they may remove any 
Manager from office^ and by ballot fill any vacancy so 
or otherwise made ; 'provided two thirds of their whole 
number shall concur. 
/ Sec. 4. Be it further enacted, That the Treasurer 

Treasurer. of said Society shall be a single woman of the age of 
twenty-one years or upwards, and shall give bond with 
sufficient surety or sureties to account annually, or 
oftener, if required by said Society or the Board of 
Managers, for all money and property of said Society, 
and in general to discharge the duties of said office 
with fidelity. 

Sec 5, lie it farther enacted. That the Board of 
Managers for the time being shall have the manage- 
ment and application of the subscriptions, funds and 
Stock and Dis- estate of the Society, solely for the purpose of this 
uiseracnts. Institution ; and no sale or transfer of any of the real 
or personal estate of said Society shall be valid, unless 
approved by them ; and no money shall be paid out of 
the Treasury of said 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 sick persons in tha 
town of Boston, as they believe upon enquiry, recom- 
Ruies and Re-mendation, or visiting, to be proper objects for the 
guations. charity of this Institution; and the Managers shall 
have authority 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 or- 
ders 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. 

'Sec. 6. Be it further enacted, That any writ or pro- 
cess against said Corporation mav be served by the Offi- 
cer's leaving an attested copy thereof with the Treasurer 
May be sued, of Said Society, or at her usual place of residence, thirty 
days before the return day thereof; and the said Trea- 
surer, or any Agent appointed for that purpose, by 
the Society or Managers, may appeal' by Attorney, and 



PEMBROKE MIN. FUND. Dec. 5, 1816. 297 

defend or prosecute any suit in behalf of said Society. 
Sec. 7- Be it further enacted. That all instruments 
of conveyance 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 Pre-F^'^ofinstia. 
sident, and countersigned by the Secretary ; and if ne- 
cessary, sealed with the common seal of said Society ; 
and when so executed, shall bind the said Society and 
he valid in law. 

[Approved by the Grovernor, December 4, 1816.] 



CHAP. LXIV. 

An Act to incorporate the Trustees of tlie Ministerial 

Fund, in the first parish in Pembroke. * 

Sec. 1. JjE it enacted by the Seriate and House of 
liepresentatives in General Court assembled, and by 
the authority of the same, That Alden Briggs, Na- 
thaniel Loring, jun. and Anthony Collamore, be, and 
they hereby are appointed Trustees of the Ministerial Tmstees. 
Fund in the first parish iiiPembroke, to receive and hold 
all the money and securities given to said first parish 
for the support of the Cxospel, 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 benefit 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 -Vlinisterial 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 requisite for that purpose. 

Sec. ^. Be it further enacted^ That the Trustees 
aforesaid shall hold their office for four years from tlieT.rmofOffiG«, 
passing of this act, and until others are chosen in their 
place ; and all vacancies that take place, shall be filled 
by said parisli : and every four years said parish sliall 
38 



S9B PEMBROKE MIN. FUND. Dec. 5, 1816. 

elect three persons, Members of said parish, as a new 
Board of Trustees ; and whenever either of the Trus- 
tees shall cease to be a Member of the parish, he shall 
be considered as resigning his office as Trustee ; and 
the vacancy thereby occasioned shall be filled by the 
parish j and the Trustees appointed by this act, and 
their successors, shall give bond to the Treasurer of 
said parish in double the amount of all money and se- 
curities in their hands as Trustees, with sufficient sure- 
ties, to the acceptance of the parish Committees, for 
the faithful discharge of the duties of their trust, and 
Seuieroent of shall anuually settle their accounts with the Commit- 
acooutits. ^gg qJ' gj^- J parish, and pay over the interest arising 
from said fund to the Treasurer of said parish ; and on 
producing from said Treasurer, a certificate of said pay- 
ment, the parish Committee shall discharge said Trus- 
tees from the same ; and said Trustees may exhibit their 
accounts for services to said parish for approbation and 
allowance, and the sums voted them shall be their com- 
pensation for services. 

Sec. 3. Be it further enacted^ That the Trustees 
Trustees may aforcsald may loan the money belonging to said funds, 
loau money. ^^^^ .^ shall bc thclr dutv ui uo casc to loan it but as 
they secure the payment by a mortgage of real estate, 
unless such loan is made with the knowledge and con- 
sent of the parish Committee ; and if said Trustees 
shall become seized of lands and tenements by mort- 
gage as security for payment of any debts due said 
Trustees, 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 exe- 
cute a good and lawful deed of the same to any pur- 
PioTiso. chaser ; provided that the sale 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 they have delivered over to the new 
Board of Trustees all the property in their liands be- 
longing to said funds, in which case the Treasurer a- 



N. YARMOUTH MIN. LANDS. Bee. 5, 1816. 299 

foresaid shall cancel their bonds, and execute their 
diseliarge. 

[Approved by the Governor, December 5, 1816.] 



CHAP. LXV. 

An Act authorizing the sale of Ministerial Lands be- 
longing to the first parisli in North Yarmouth. 

Sec. 1. JKE it enacted by the Senate and House of 
Representatives in General Court assembled, and bij 
the authority of the same, That Amrai R. Mitchell, 
Samuel Mason, Alexander Barr, Jacob Mitchell, Na- Persons mcor- 
thaniel Jenks, John Hays, Timothy Davis, John Cut-^'^*^'"^ 
ter, Allen Drink water, Daniel Mitchell and David 
Seabury, be, and they are hereby constituted a body 
politic and corporate, by the name of The Trustees of 
the Ministerial Funds in the first parish in North 
Yarmouth ; and they and their successors shall be, and 
continue a body politic and corporate, by that name 
forever ; and they shall have a common seal, subject 
to be altered at their pleasure. And they may sue and 
be sued in all actions, real, personal and mixed, and 
prosecute and defend the same to final judgment and 
execution, by the name aforesaid. 

Sec. 3. Be it further enacted. That the said Trus- 
tees, and their successors, shall and may annually elect 
a President and Clerk, who shall be under oath, faith- ei odon of of- 
fully to record the doings of said Trustees, at their *'''''^'^' 
meetings ; and a Treasurer to receive and apply the 
monies hereinafter mentioned, as hereinafter directed, 
and any other needful officers, for the better managing 
their business. And said Treasurer shall give bonds 
to the President of said Trustees to double the amount 
of their funds, faithfully to perform his duty, and ren- 
der an account of all monies which may come into his 
hands as Treasurer aforesaid, and to be responsible for 
all negligence and misconduct in his office. 

Sec. 3. Be it further enacted, That the number ofi^n'^^ter of 
Trustees shall not, at any time, be more than eleven, 
nor less than seven, a majority of their number to con- 



300 N. YARMOUTH MIN. LANDS. Jhc. o, 181(5. 

stitute a quorum for doing business ; and said Trus- 
Powers. tees shall have power to remove any of their number, 

who may become unfit and incapable^ from age, infirmi- 
ty, misconduct, or any other cause, of discharging their 
duty. And all vacancies shall be notified to the As- 
sessors of said first parish, by the Clerk of said Trus- 
tees, and shall be filled by said parish, at any meeting 
legally warned for that purpose, within three months 
after being notified as aforesaid ; and if the said parish 
neglects so to do, within that time, then said Trustees, 
by a major vote, shall have power to fill up such 
vacancy. 

Sec. 4. Be it further enacted, That said Trus- 
tees shall annually hold a meeting in the month of 
March or April, and as much oftener as may be found 
necessary to transact their business ; which meeting, 
after the first, shall be called in such way and manner 
as the Trustees shall direct, and the said Trustees 
Meetings. sliall bc obliged at each annual meeting of said parish 
to be holden in the month of March or April, to make 
a full and compleat statement of all their doings to 
said parish; and no one of said Trustees shall hold 
his office as such any longer than he remains a Mem- 
ber of said parish, and resides within the town of North 
Yarmouth. 

Sec. 5. Be it further enacted, That said Trustees 
Trustees may be, and tlicy hereby are authorised to sell and convey, 
r"ceiv"'^Vn"a'l i» f^c slmplc, all the Parsonage and Ministerial lands 
tions. belonging to said parish, and to make and execute good 

and sufficient warrantee deed or deeds of the same, 
subscribed by their Treasurer by direction of said Trus- 
tees, with their seal thereunto affixed, which said deed 
or deeds shall be good and effectual in law to pass and 
convey the fee simple in said lands belonging to said 
parish, to the purchaser, to all intents and purposes 
whatever. And said Trustees are hereby authorized 
to receive any donations to the use and for the bene- 
fit of said parish, and the same to place on the books 
arid accounts to be kept by them, with the amount of 
the donation, and the time when made. 

Sec. 6. Be it further enacted, That the monies ari- 
sing from the sale of said lands, and the donations a- 
foresaid, shall be put at interest as soon as may be, and 



N. TARMOUTH MIN. LANDS. Dec. 5, 1816. soi 

secured by mortgage of real estate to double the amount 
of the estate sold, or the monies loaned, or by two or 
more sufficient sureties with the principal ; unless said 
Trustees shall judge it best to vest the amount in public investment of 
funded securities or bank stock, which ihey are autho- 
rized hereby to do. 

Sec. 7* ^e it further enacted, That the annual in- 
come of the funds aforesaid shall be appropriated, two Disposal of in- 
thirds thereof to the support of a Congregational Min-*^""*^" 
ister in said iirst parish, and the other third thereof to 
be added to the principal, until the annual income of 
said funds shall be sufficient to pay the Minister's sal- 
ary, and all other parish charges, for defraying which 
parishes are now by law authorized to make assess- 
ments on the polls and estates within the same : and 
the said first parish shall have power to determine at 
any legal meeting called for that purpose, when the in- 
come of said funds is sufficient to pay the salary and 
expenses aforesaid, and when the wliole of said annual 
income shall be appropriated to the payment thereof; 
but it shall never be in the power of said Trustees or 
parish, to alienate the capital, or appropriate the annual 
income of said funds to any other than the purposes 
aforesaid. 

Sec. 8. Be it further enacted, That said Trustees, 
if entitled to any compensation for their services, sliall 
receive such a sum or sums as may be voted by said 
parish, at any legal meeting thereof, to be paid out of 
the parish treasury. And said Trustees, their succes- pay & accowut- 
sors, and each of them, whether officers or not, shall at J^'j^^ '*^^*"^' 
all times be accountable to said parish for any negli- 
gence, misconduct or wilful mismanagement of said 
funds, and the debt or damage recovered by said parish 
for such negligence, misconduct or mismanagement, 
shall be replaced in said funds, and applied accord- 
ingly. 

Sec. Q. Be it further enacted, That Ammi R. 
Mitchell, Esq. be, and he hereby is authorized, to fix 
t]ie lime and place for holding the first meeting of said First meei%. 
Trustees, and to notify each Trustee thereof. 

[Approved by the €rovernor, December 5, 1816.] 



SQ2 MER. INSURANCE COMPANY. Dec. 5, 1816. 



CHAP. LXVL 

An Act to incorporate the Merchants' Insurance Com- 
pany in Boston. 

Sec. 1. JjE it enacted by tJie Senate and House of 
Hejpresentatives in General Court assembled , and by 
the authority of the sa?ne, That William Bourn Swett, 

Peasons incor- James HowB, Joscph Balch, Benjamin Thompson and 

poiated. otliers, and such persons as have already or hereafter 
shall become Stockholders in said Company, beiug ci- 
tizens of the United States, be, and they hereby are in- 
corporated into a Company and body politic, by the 
name of The Merchants' Insurance Company in Bos- 
ton, 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 per- 
sonal, for the use of said Company, subject to tljs^e re- 
strictions hereinafter mentioned. 

Sec. 2. Be it further enacted^ That a share in the 

Capital Stock, capital stock of said Company, shall be one hundred 
dollars, and the number of shares shall be one thou- 
sand ; and if the said number of shares are not already 
filled, subscriptions shall be kept open, under the in- 
spection of the President and Directors of said Com- 
pany, until the same shall be filled ; and the whole 
capital stock, estate or property which the said Com- 
pany shall be authorized to hold, shall never exceed 
two hundred thousand 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. 

Sec. 3. Be it further enacted^ That the stock, pro- 
perty, affairs and concerns of said Company, shall be 

Officers. managed and conducted by thirteen Directors, one of 
whom shall be President thereof, who shall hold their 
otBces 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 continue to be Di- 



MER. INSURANCE COMPANY. Dec. 5, 1816. 303 

rectorsj be Stockholders and citizens of this Common- 
wealth, and not Directors in any other Company, car- 
rying on the business of Insurance, and shall be elee- Election by bai- 
ted on the first Tuesday in January, in each and every *"^* 
year, at such times of the day, and at such place in the 
town of Boston, as a majority of the Directors for the 
time being shall appoint ; of which election, public no- 
tice shall be given at least in two of the public news- 
papers, 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 Stockholders, not being Directors, to be appoint- 
ed previous to every election by the Directors or Pre- 
sident, and shall be made by ballot, by a majority of 
votes of the Stockholders present, allowing one vote to 
each share in the capital stock : Provided^ that no Ptoviso. 

jStockliolder shall be allowed more than ten votes, and 
the Stockholders not present, may vote by proxy, un- 
der such regulations as the said Company shall 
prescribe. 

Sec. 4. Be it further eaacted, That the Directors 
so chosen, shall meet, as soon as may be after every 
election, and shall choose out of their body, one per- Choice of Pre- 
son to be President, who shall preside for one year, ^''^"^"^ 
and until another shall be chosen ; and shall be sworn 
faithfully to discharge the duties of his office ; and in 
case of the death, resignation or inability to serve of 
any Director, or of the President, or in case of any va- 
cancy occasioned by either of them ceasing to be a 
Stockholder, such vacancy or vacancies shall be filled 
for they ear in which they may happen, by a special 
election for that purpose, to be held in the same man- 
ner as is herein before directed, respecting annual elee- 
tions for Directors and President. 

Sec. 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 compe- Board »f offi- 
tent to transact bus^iness ; 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 tliera shall appear needful and 
proper, touching the management and disposition of 
tke stock, property, estate and effects of said Company, 



304 MER. INSURANCE COMPANY. Dec. 5, 1816. 

and the transfer of shares, and touching the powers^ 

JMies, duties and conduct of the several Officers, Clerks and 

Servants employed, and the election of Directors, and 
all such matters as appertain to the business of Insur, 
ance or to the concerns of the Company ; and shall al- 
so have power to appoint q 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 : 

Proviso. Provided, such by-laws, rules and regulations, shall 

not be repugnant to the constitution or laws of this 
Commonwealth. 

Sec. 6. Be it further enacted, That there shall be 

Stated meeting, stated meetings of tlve Directors, at least once a month, 
and as often within each month as the President and 
Doard of Directors shall deem proper ; and the Presi- 
dent 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 the said Board, shall have power and 
autnority on behalf of the Company, 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, risks and terms of payment ; 
and all policies of insurance, by them made, shall be 
subscribed by the President, or in case of his death, 
sickness, inability, or absence, by any two of the Di- 
rectors, and countersigned by the Secretary, and shall 
be binding and obligatory upon the said Company, artd 
have the like effect and force as if under tiie seal of 
said Company ; and the assured may thereupon main- 
tain 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 shall be binding on the 
Company. 

Sec. 7. Be it further enacted, That it shall be the 
duty of the Directors, on the third Tuesday of April 

Dhidends. and October in every year, to make dividends of so 
much of the interest arising from the capital stock and 
profits of the said Company, as to them shall appear 
advisable ; but the monies received, and notes taken 



MEli. INSURANCE COMPANY, Bee, 5, I8IC0 



ms 



eoiintalilii*", 



for premiums on risksy wbicli shall be outstanding, at 
the time of making such dividends, shall not be con- 
sidered as part of the profits of the Company ; aud in 
case of any loss or losses, whereby the capital stock 
of the Company shall be lessened, before the whole a- 
mount of stock is paid in, each Proprietor's or Stock- -^' 
holder's estate shall be held accountable for the defi- 
ciency that may be due on his share or shares, at the 
time of said loss or losses taking place, to be paid in- 
to the said Company by assessments, or such other 
mode, and at such time or times, as the Directors shall 
order ; and no subsequent dividend shall be made un- Divi.icmi?, 
til a sum equal to such diminutiou shall have been ad- 
ded to the capital : and that, once in every two years, 
and oftener, if required, by a majority of votes of tlie 
Stockholders, the Directors shall lay before the Stock- 
holders, at a general meeting, an exact and particular 
statement of the profits, if any there be, after deducting 
losses aud dividends. 

Sec. 8. Be it further enacted^ That the said Com- 
pany shall not, directly or indirectly (except as is here- 
in permitted for the investment of their funds) deal or rvcstiict;cn=i. 
trade in buying or selling any goods, wares, merchan- 
dize or commodities whatsoever, and the capital stock 
of s^id Company, after being collected at each instal- 
nienty shall, within six months after payment of each 
instalment, be invested in United States' stock, or in 
the funded debt of this Commonwealth, or in the stock 
of the United States' Bank, or of any incorporated 
Dank in this Commonwealth : Provided, that so much Proviso, 
as the Company is at liberty to invest in real estate^ 
may be kept in money or invested in stocks, until the 
same shall be invested in real estate, at the discretion 
of the President and Directors of said Company, or of 
other officers which the Proprietors shall for such pur- 
pose appoint. 

Sec. 9. Be it further enacted, That fifty dollars on 
each share subscribed in said Company, shall be paid instalments. 
within sixty days after the first meeting of the said 
Company, in money, and the remaining sum due on 
each share within one year afterwards, at such equal 
instalments, and under such penalties as the said Com- 
pany shall direct ; and no transfer of any share shall 
39 



I 



806 MER. INSURANCE COMPANY. Bee. 5, 1816. 

be permitted or be valid until all tbe instalments sball 

have been paid in. 

Sec. 10. Be it further PTiacted, Tbat tbe property 
Preperfy liable of any Member of the said Company, vested in 
to attachment, ^j^^ ^^^^^ ^^ ^^^ ^^-^^ Company, sball be liable to at- 

taehment, and to the payment and satisfaction of bis 
just debts to any of bis bona fide creditors, in manner 
following, to wit ; in addition to the summons by law 
prescribed to be left with the defendant, a like sum- 
mons sball be left with the Secretary of said Compa- 
ny, and the debtor's share or shares in the said Compa- 
ny'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 buit ac- 
cording to law ; and all transfers of the debtor's shares 
not noted in the books of the Company previous to the 
delivery of such summons, sball be barred thereby ; 
and execution may be levied upon the property of any 
Stockholder in said Company, and his share or shares 
therein exposed to sale, in the same manner as is by 
law prescribed, where personal estate is taken in exe- 
cution ; and it shall be tbe duty of the officer who ex- 
tends such execution, to leave an attested copy thereof, 
with bis doings thereon, with the Secretary of said 
Company ; and the purchaser shall thereupon be en- 
titled to the reception of all dividends and stocks to 
which the debtor was previously entitled ; jnid upon any 
'' attachment being made or execution levied on any 
shares in said Company it shall be the duty of the Se- 
cietary of said Company, to expose the books of the 
Company to the officer, and furnish him with a certifi- 
cate, under bis hand, in bis official capacity, ascertain- 
ing the number of shares the debtor holds in said Com- 
pany, and the amount of the dividends due thereon. 

Sec. 11. Be it further enacted, That in case of any 
loss or losses taking place that shall be equal to the 
amount of the capital stock of the said Company, and 
Real estate held the President and Directors, after knowine; of such 
loss or losses taking place, subscribing or consenting 
to make any policy of insurance, their estates, jointly 
and severally, shall be accountable for the amount of 
any and every loss that sball take place under policies 
thus subscribed or made. 



MER. INSURANCE COMPANY. Dee. 5, 1816. 307 

Sec. 13. Be it further enacted, That the President 
aind Directors of 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 inPubiio notice. 
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. 

Sec 13. Be it further enacted. That the said Presi- 
dent and Directors shall not be allowed to insure on 
any ons risk, a larger sum than ten per centum of Limitation 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 risk more than live times the 
amount of the capital stock paid in. 

Sec. 14. Be it further enacted, That the President 
and Directors of said Company shall, when, and as 
often as required bv the Legislature of this Common- Legislative ex- 
wealth, lay before them a statement of the affairs of said eouat"''"''"'*'" 
Company, and submit to an examination concerning the 
same, under oath. 

Sec. 15, Be it further enacted, That three of the 
Directors shall at every annual election become ineligi- EieeUons. 
ble to a re-election, and remain ineligible for one year, 
so that nine only of any Board, and the President, can 
be re-elected. 

Sec. 16. Be it further enacted, That the said Wil- 
liam B. Swett, James Howe, Joseph Balch and Ben- 
jamin Thompson, or any three of them, are hereby au- 
thorized to call a meeting of said Company as soon, and First meetiig, 
at such place in the town of Boston, as may be deemed 
expedient, by advertising the same for 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. 

[Approved by the Governor, December 5^ 1816.] 



598 SOCIETY IN GREENFIELD. Bee. 5, 1816. 



CHAP. LXTII. 

All Act to incorporate tlie Second Congregational Soo 
ciety in Greenfield, 

Sec. 1. 15 E it enacted by the Senate and House of 
Itepresenfatives in General Court assembled, and by 
the authority of the same, Tliat Samuel Wells, Jona- 
rcisons incoi-tlian Leavitt, Jerome Ripley, Eliel Gilbert, George 
juiated. Grinnell, Ambrose Ames, Oliver Wilkinson, David 
Ripley, George Grinnell, jun. Quartus Wells, Abner 
Wells, Tliomas W. Ripley, Franklin Ripley, John 
Russell, Asa Goodenough, Charles Stearns, Hooker 
Leavitt, John Dennio, Samuel Billings, Calvin L. 
Munn, Thomas Gilbert, Timothy Hall, Ansel Phelps, 
Guy Bordwell, Margaret Willard, Franklin Wells, 
Samuel Wells, jun. Timothy Hall, jun, Lucius Dick- 
inson, Pliny Russell, Jonathan Smith, Elihu Sever- 
ance, Alanson Clark, Ebenezer Newcomb, jun. Tho- 
mas Bridgraau, Solomon Wells, Charles Lombard, 
Beriah Willard, John Russell, jun. Cyrus Martindale, 
Elizabeth Clap, Abner Wells, jun. James Plsk, Jona- 
than Peirce, Betsy Bird, Klioda Wells, Mary Swan, 
Theodore D. Lyman, Daniel Wells, Ebenezer 15illings, 
Guy Arms, Elijah Alvord, Sd, James K. Cutler, Pe- 
ter T. Sprague, Ascenath Stebbins, Elihu Lyman, Si- 
las Logan, Joshua Leavitt, Clarissa Williams, Ezekiel 
B^. Wells, and Ezekiel Bascom, with their families and 
estates, v/ith such others as may here associate with 
them and their successors, be, and they hereby are in- 
corporated into a Religious Society, by the name of 
The Second Congregational Society in Greenfield, with 
all the powers, privileges and immunities to which pa- 
lishes are entitled by the constitution and laws of this 
Commonwealth ; and may purchase, receive by gift or 
May bold real otlicrwise, and hold real and personal estate, the an- 
^^'J^'^^'^°"''''^*'nual 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 
ag to them sliall ?eem necessarv and convenient for th«s 



SOCIETY IN GREENFIELD. Dec, 5, 1816. S09 

government of the said Society and the management of 
their ministerial funds ; provided^ such by-laws and re- Proviso. 
gulations shall be in nowise contrary to the laws and 
constitution of this Commonwealth. 

Sec. 3. Be it further enacted, That the said Second 
Congregational Society in Greenfield shall be holden 
to pay their annual proportion of the salary of the Rev. continuity of 
Roger Newton, D. i>. and it shall be lawful for the'^^'^'^- 
said town to cause the said salary to be assessed, col- 
lected and paid in the same manner as if the said town 
had continued one parish. 

Sec. 3. Be it further enacted, That any person liv- 
ing in the said town of Greenfield, who may at any 
time hereafter be desirous of joining the said Second 
Congregational Society, and shall certify the same to the 
Clerk of the said town, which certificate shall be re- Conditions of 
corded by the said Clerk, shall thereafter, with his or '<=*^^'^°"- 
her polls and estate, become a Member of said Con- 
gregational Society ; Provided however^ that such per- 
son shall be held to pay to the parish or Society, 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 certificate with the town 
Clerk as aforesaid. 

Sec. 4. Be it further enacted, That any Member 
of the said Second Congregational Society, who may 
at any time hereafter be desirous of leaving said So- 
ciety 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 certi-9o"<'i*'on» ot 
ficate shall be recorded by said Clerk, shall there- sion 
after, with his or her polls and estates become a Mem- 
ber 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. 

Sec 5. Be it further enacted. That any Justice of 
the Peace for the county of Franklin, upon application Jnstioe t , .«su-» 
therefor, be, and hereby is authorized and empowered '*'*'^'^'^* 
to issue his warrant to some Member of said Second 
Congregational Society in Greenfield, requiring him 



310 CON. SOCIETY IN PARIS. Dec. 5, 1816. 

to notify and warn the Members thereof to meet at 
such convenient time and place as shall be appointed 
in said warrant for tlie election of such officers as pa- 
rishes are by law required to choose at their annual 
parish meetings, and to transact such other parochial 
business as may be authorized in said warrant. 

[Approved by the Governor, December 5, 1816.] 



CHAP. LXYIII. 

An Act to incorporate the First Congregational Society 
in Paris, in the County of Oxford. 

Sec. 1. IjE 2# enacted bij the Senate and House 
of Represeyitatives in General Court assembled^ and 
by the authority of the same^ That Abraham Bolster, 
Persons incor- Isaac Bolster, Isaac Bolster, jun. David Bolster, Am- 
poiated. J.J 13^.^^^^ Luther Brett, llufus Brett, Ezra Cary, David 
Clifford, David Durell, Abijah Hall, Cyprian S. Hall, 
Haven Hall, Caleb Prentiss, Asa Robinson, Joel Ro- 
binson Jonathan Shnrtliff, Daniel Stowell, Daniel 
Stowell, jun. Jacob Tewksbury and Charles Whitman, 
with their families and estates, together with such oth- 
ers as may hereafter associate with them and their suc- 
cessors, be, and they are hereby incorporated as the 
First Congregational Society in Paris, for religious pur- 
poses only, with all the powers and privileges, and sub- 
ject to all the duties of other religious Societies, ac- 
cording to the constitution and laws of this Common- 
wealth. 

Sec. 3. Be it further enacted^ That any person dwel- 
ling in either of the towns of Paris or Hebron, who 
may hereafter be desirous to be a Member of the said 
Rules for ob--^^^^^'**' Congregational Society in Paris, shall declare his 
tai.iing racm- desire and intention in writing, and deliver the same 
to the Deacons or Clerk of said Society, fifteen days 
before the annual meeting of said Society, and shall 
also deliver a copy of the same to the Town Clerk, or 
to theClerk of the religious Society,with which such per- 
son has been before connected, fifteen days before the 
annual meeting thereof ; and if such person doth re- 



bership. 



BRIDGE OVER CATHANCE RIV. J)ec,5,iSi6. 3ii 

ceive, and can produce a certificate of admission, cer- 
tifying that he or she has united with, and become a 
Member of the said first Congregational Society, such 
person, from the date of the said certificate, with his or 
her polls and estate, shall be considered Members of 
said First Congregational Society, 

Sec. 3. Be it further enaded, That when any Mem- 
ber of the said First Congregational Society doth see 
cause to secede therefrom, and to unite with any other 
religious Society in the town where such person may 
dwell, the same forms and process of a written declara- conditions of 
tion and certific te shall be made, required and given, ^^*="^^»n- 
mutatis miitandis, as is prescribed and required in the 
second section of this act ; frovided aluays^ that in 
©very case of secession from one Society and joining 
another, the seceder shall be holden in law to pay his or 
her proportion or assessments of all parochial or Socie- 
ty debts and expenses which have been voted and 
assessed, and not paid prior to such secession. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace for the county of Oxford, upon application 
therefor, be, and he is hereby empowered to issue a Justice to i^e 
warrant, directed to a freehold inhabitant and M ember ^'^"''"*' 
of the said First Congregational Society in Pans, re- 
quiring him to notify and warn the Members thereof, 
to meet at such convenient time and place as shall be 
appointed in the said warrant, to ovgani/e the said So- 
ciety, by the election and appointment of its oiBcers. 

[Approved by the Governor, December 5, 1816.] 



CHAP. LXIX. 

An Act to incorporate Uriel Huntington and others^ 
for the purpose of building a Bridge over the eas- 
tern branch of Cathance river. 

Sec. 1. oE it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same. That Uriel Huntington, Isaac Pei-sons incor- 
Leonard, William Lunt, Samuel Gray and Syms Gard- p"^'**^- 
ner, together with such persons as already have or may 



31S BRIDGE OVER C ATHANCE RIV. Bee. 5, 1816. 

hereafter associate witli them, he, and they are herehy 
made and constituted a Corporation, hy the name of 
the Proprietors of the Bowdoinham Free Bridge ; and 
Privileges. hy that name may sue and be sued to final judgment 
and execution, and do and suffer all matters, acts and 
things, which bodies politic may or ought to do or 
suffer : and the said Corporation shall and may use a 
common seal, and the same may break, alter or change 
at pleasure. 

Sec. 2. Be it further enacted, That any three of the 
persons before named, may call a meeting of the Pro- 
prietors aforesaid, to be holden at any convenient time 
Meetings. and placc, by posting up one advertisement in some pub- 
lic place in Bowdoinham, seven days at least before 
said meeting ; and the said Proprietors, by a vote of 
a majority of those present, shall choose a Clerk, who 
shall be sworn to the faithful performance of liis duty, 
and shall also agree on a method of calling future meet- 
ings , and at the same or some subsequent meeting, may 
Election of offi- elect such officcrs, and make and establish such rules 
^'^"- and by-laws, as to them shall seem necessary and pro- 

per for the regulation of tlie said Corporation, and for 
the carrying into effect the purposes aforesaid ; and this 
act, and all rules, regulations and proceedings of the 
said Corporation, shall be recorded by their Clerk, in a 
book or books to be kept for that purpose. 

Sec. 3. Be it further enacted, That the said Pro- 
prictors be, and they hereby are authorized and em- 
powered to erect a Bridge over the eastern branch of 
Cathance river, (provided the same is completed within 
four years from the passing of this act) at any convenient 
nient place at or near the mouth of said branch.as may suit 
the saidProprietors; and that thesaidBridge shall be well 
built, with good and durable materials, at least twenty- 
Dimensions of two feet wide, and covered with plank, with sufficient 
railing on each side for the safety of passengers, togetli- 
er with a draw of not less than thirty feet in width,which 
shall be duly attended, and at all times be opened by 
the Proprietors of the said Bridge when required, 
through which vessels may pass, both by day and by 
night, without toll •, and the said Bridge shall he seven 



bridge. 



SOCIETY IN WESTBOROUGH. Bee, 6, i816. 31^ 

feet high at the least, above high water across the 
channel. 

[[Approved by the Governor, December 5, 1816.] 



CHAP. LXX. 

An Act to incorporate the First Baptist Society in 
Westborough. 

Sec. 1. XfE it enacted hythe Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That Elisha Morse, John Bee- 
man, Seth Grout, Asahel Bellows, Moses Morse, John persons incoj-- 
Belknap, Seth Belknap, Josiah Warren, Nojes Bryant, plated. 
Abner Warren, Lawson Graves, Josiah Hardy, Elisha 
F.Valentine, Lydia Haskell, George Andrews, Phineas 
Haskell, William Williams, John .Tohnson, Jonathan 
Pike, Jabez G. Fisher, Hannah Hawes, George W. 
Beeton, Seth Peirce, Joshua Mellen, Joshua N. Mel- 
len, Elam Stearns, Elijah Fay, Amasa Maynard, 
Edward Bellows, and Judson Woods,with their families 
and estates, together with such others, being inhab- 
itants of either of the towns of Westborough, South- 
borough and Northborough, in the county of Worces- 
ter, 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 incorpojrated into a religious So- 
ciety, by the name of The First Baptist Society in 
Westborough, with all the powers and privileges and 
immunities to which other parishes are entitled by the 
constitution and laws of this Commonwealth for reli- 
gious purposes only. 

Sec. S. Be it further enacted, That any person in 
either of the said towns of Westborough, South- 
borough and Northborough, or Hopkinton, being of 
the Baptisi denomination aforesaid, who may at any Terms of seces 
time hereafter actually become a Member of, and unite «'<^'" 
in religious worship with the Society aforesaid, and 
give in his or her name to tlie Clerk of the town or 
parish to which he or she belongs, with a certificate 
40 



314 SOCIETY IN WESTBOROUGH. Dec. 6, 1816. 

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 So- 
ciety 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 
Proviso. estate, be considered as part of said Society : Provided 
however, that such person shall be hold en to pay the 
proportion of all money assessed in the town or parish, 
to which he or she belonged previous to that time. 

Sec. 3. Be it further enacted, That if any Mem- 
ber of said Baptist Society shall at any time see cause 
to leave the same, and unite in religious worship with 
the parish in which he or she may reside, and shall lodge 
a certificate of such his or her intention, with the Clerk 
Further seces-^^ Minister of said Baptist Society, and also with the 
Clerk of the town or parish in which he or she may 
reside, fourteen days at least before the annual town or 
parish meeting to be 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 be- 
longing to the town or parish in which or she may re- 
side, in the same manner, as if he or she had never be- 
longed to said Baptist Society. 

Sec. 4. Be it further enacted, That Nathan Fisher, 
Esq. be, and he is hereby authorized to issue a warrant, 
for directed to some suitable Member of said Baptist So- 
ciety, requiring him to nmify and warn the Members 
thereof to meet at such time and place as shall be ap- 
pointed in said warrant, to choose such officers as pa- 
rishes in this Commonwealth are by law authorized to 
choose, in the month of March or April annually. 

[Approved by the Governor, December 6, I8I6.3 



sioa 



Warrant 

meeting. 



PLYxMOUTH BEACH LOTTERY. Bee. % 1816. mB 



CHAP. LXXT. 

An Act in further addition to an act, entitled ^^ An act 
authorizing a Lottery for completing the repairs of 
Plymouth Beach," 

j>E it enacted by the Senate and House of 
Representatives, in General Court assembled, and 
by the authority of the sajne^ That the Managers of 
the Plymouth Beach Lottery be, and they are hereby 
allowed to prosecute the business of said Lottery, un- continuance of 
til they shall have raised sixteen thousand dollars, ^°"^it- 
with the necessary expenses attending the same, agree- 
able 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 additional bond Managers' bon^ 
to the Treasurer of the town of Plymouth,inthe sum of 
fifteen thousand dollars, conditioned to pay into the 
hands of the Agent or Agents for applying the money 
to the object of this grant, the proceeds of the said Lot- 
tery, agreeable to the several acts passed on said sub- 
ject ; 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 Plymouth, a 
fair account of their whole proceedings, which, if ap- 
proved and accepted by said Selectmen, the said Man- 
agers 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 sections of the act, entitled "^ An 
act authorizing a Lottery for completing the repairs of 
Plymouth Beach," as are inconsistent with the provi- 
sions of this act, be, and the same are hereby repealed, 

[Approved by the Governor; December 9; 1816.] 



316 RELIGIOUS TliACT SOCIETY. Dec, 9, 1816. 



CHAP. LXXII. 

An Act to iiiGorporate the New-Euglantl Religious 
Tract Society. 

Sec. 4. JjE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William Bartlet, of 

Persons incoi-Newbuvyport, Nelieiiiiah Cleaveland, of Topsfield, 

poi-ated. William Reed, of Marblehead, Joshua Bates, of Ded- 
liam, Henry Homes, of Boston, and their associates, 
be, and they hereby are incorporated and made a body 
politic, by the name of The Mew-England Religious 
Tract Society, for the purpose of publishing pious and 
useful books and tracts for distribution among the ig- 
norant and destitute ; and by that name may sue and 
be sued, plead and be impleaded, appear inCourt,defend 
and prosecute to final judgment and execution ; and, 
in their said corporate capacity, they may have and use 
a common seal ; and tliey and their successors forever, 
may take, possess and apply to the purposes of said 
Corporation, any monies which may be given for im- 
mediate 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 be faithfully appropriated to the object a- 
foresaid, and not otherwise. 

Sec. 2. Be it further enacted, That said Corpora- 
tion may, at the first legal meeting thereof under this 
act, and at any subsequent legal meeting, make and 

By-laws. cstabUsh such rules and by-laws, not repugnant to the 
constitution or laws of this Commonwealth, as shall 
be found expedient for the management of their con- 
cerns ; and may appoint such officers, and assign them 
such duties as the interest of the Corporation may 
require. 

Sec. 3. Be it further enacted, That the first meet. 

First meeting, iug of the Said Corporation shall be held at Boston, on 
the Monday preceding the last Wednesday in May 
next, and that the said William Bartlet shall give no- 
tice of the time and place of meeting, by causing a 



MIS. SOCIETY— MIN. FUND. Dec. 9, 1816. 317 

suitable advertisement to be inserted in the Columbian 
Centinel^ at least three weeks successively before said 
day. 

[Approved by the Governor, December 9, 1816.] 



CHAP. LXXIII. 

An Act in addition to the act incorporating the Maine 
Missionary Society. 

X»E it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same, That so much of the act in- Act inxiait re- 
corporating " the Maine Missionary Society." passed ^''**^ " 
the third day of March, in the year of our Lord one 
thousand eight hundred and nine, which limits the said 
act to the term of twenty years from the passing there- 
of, be, and the same is hereby repealed. 

[Approved by the Governor, December 9, 1816.] 



CHAP. LXXIV. 

An Act to incorporate the Trustees of the Ministerial 
Fund in the first parish in Cambridge. 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives in General Coui't assembled, and by 
the authority of the same, That Abiel Holmes, Loam- 
mi Baldwin, William Hilliard, Abraham Hilliard, Ti- Persons iucot- 
mothy L. Jennison, Jonas Wyeth, the Sd, and AbelP"-'^^*^**- 
"Whitney, all inhabitants of the first parish in Cam- 
bridge, be, and they hereby are constituted a body po- 
litic and corporate, by the name of 'I'he Trustees of 
the Ministerial Fund in the first parish in Cambridge ; 
and they and their successors shall continue a body po- 
litic and corporate forever, by that name, for the pur- 
poses, with the rights and powers, and subject to the 
duties and obligations, hereinafter mentioned ; and 



318 CAMBRIDGE MIN. FUND. Dee.\ 1816. 

shall be vested with all other powers, incident to Cor- 
porations and requisite and necessary for those purpo- 
Maysueandbeses ; and bj the same name may sue and be sued, ia 
*'^^'^' all actions, and pursue and defend the same to final 

judgment and execution : Provided^ that the above 
Proviso. named persons shall continue such Trustees as afore- 
said, till said parish, at a parish meeting legally warn- 
ed and bolden for the purpose, shall elect seven per- 
sons, belonging to said parish, to be the successors of 
the above named persons in said Corporation, and un- 
til the persons, so chosen by said parish, shall accept 
the trust, and no longer. 

Sec. 2. Be it farther enacted , That said parish, if 

they see cause, may, annually, in March or April, at 

Trustees. any legal meeting thereof, duly warned for the purpose, 

choose such number of Trustees as tliey shall judge 

proper, to be Members of said Corporation, instead of 

the same number of the then existing Members, who 

shall be designated by name in the vote of said parish. 

Sec S. Be it further enacted, That whenever any 

vacancy happens among said Trustees, by death, re- 

Vacancies filled sign ation, removal, or otherwise, the said parish, at 

"^' any parish meeting legally warned for that purpose, 

shall fill up said vacancy within one month after 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. 

Sec. 4. Be it further enacted. That the Trustees 
before mentioned, and their successors in office, be, and 
hereby are invested with power to demand, sue for, re- 
Funds, cover and receive all property, whether real, personal, 
or mixed, which now does, or which shall hereafter 
constitute said fund, or any part thereof, and all secu- 
rities for, and evidences of such property, and to hold 
the same for the purposes mentioned in this act ; and 
to receive snd hold, for the purposes herein mentioned, 
all subscriptions, donations, grants, bequests, devises 
and appropriations, that may hereafter be made, for 
the support of the Congregational Ministry in said pa- 
rish ; provided, these, when added to the above men- 
tioned fund, shall not exceed the annual income af two 
thousand dollars. 

Sec. 5, Be it farther enacted, That said Trustees 



CAMBRIDGE MIN. FUND. Dec. 9, 1816. 319 

may assemble and meet as often as they think neces- 
sary for the promotion of their trust, any four of whom 
shall constitute a Board for doing business, but the con- internal reguia- 
currence of four at least, shall be requisite to every act^'"'^^' 
and proceeding whatever ; they may determine the 
manner of calling their meetings ; they shall appoint a 
Treasurer and (31erk ; an Agent or Agents, and other 
needful Officers and Committees ; they may make rules, 
regulations 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 alien- 
ate, 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. 

Sec. 6. Be it further enacted. That the Clerk of 
said Corporation, who shall be a Member thereof, and 
shall be sworn in the same manner as town officers are, 
to the faithful performance of the duties of his office ; Duties of cieik. 
shall have the care and custody of all papers and docu- 
ments 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 there- 
unto required ; and he shall call meetings when he 
may think the same necessary, or when thereto direc- 
ted by said Trustees ; and do whatever 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, 
records and documents in his hands, in good order and 
condition ; 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 pei.aiiv. 
the further sum of thirty dollars per month for such 
neglect afterwards. 

Sec. 7. Be it further enacted^ That the Treasurer 
shall give bond to said Trustees and their successors, n^yes of frpa. 
with sufficient sureties, 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 incum- 



surer. 



320 



CAMBRIDGE MIN. FUND. 



Bee, % 181 G. 



bent on him as Treasurer ; and he shall be the receiver 
of all money and effects due, owing and coming to them ; 
and may demand, sue for and recover the same, in their 
name, unless prohibited by them ; and he shall have 
the care and custody of the money and effects, obliga- 
tions and securities for the payment of money, or othei' 
things, and evidences of property belonging to said 
Trustees, and be accountable to them therefor; and 
shall dispose of the same as they shall order and di- 
rect ; 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 evidences of property, 
in his hands, in good order and condition ; and if he 

jpenaity. shall fail to dcUvcr up the same as aforesaid, for the 
space of ten days next after such Treasurer shall be 
duly chosen, he shall forfeit and pay a fine of fifty dol- 
lars, and the further sum of thirty dollars per month 
for such failure or neglect afterwards. 

Sec. 8, Be it further enacted, That it shall be the 
duties of the said Trustees to use, manage and improve 

Disposition of such fuud, or cstatc, as shall be vested in them, by vir- 
tue of this act, with care and vigilance, so as best to 
ansvvcr and promote the design thereof; and they shall 
be amenable to the inhabitants of said parish for 
negligence, or misconduct in the management or dispo- 
sition 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. 

8ec. 9. Be it further enacted, That said Trustees 
shall cause to be recorded and kept in their book of re- 
cords, by their Clerk, a correct statement of the funds 
and estate in their hands, wherein shall be particular- 
ly designated, so far as practicable, the nature AUfl 



fuads 



Records 



CAMBRIDGE MIN. FUND. Dec. 9, 1816, 331 

amount of eacli ori^^iiial grant, devise, donation or pur- 
chase, 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 distinguish the same and perpet- 
uate the remembrance thereof; and they shall make a 
report of such statement to the inhabitants of said parish., Annwai report 
at their meeting in the month of March or April annu- 
ally, where the same shall be publicly read, or to a 
select Committee, if said parish shall choose one for 
that purpose ; together with a specific estimate of w hat 
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 Iiave been obtained, 
and what disbursements made by them, the preceding 
year. 

Sec. 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 Trus- 
tees may appropriate the income of said fund, according a ppropiiation 
to the intention of tlie donor, or donors, within the pro- °'^''''^'^"'^- 
•visions of this act ; so far as the manner of appropri- 
ation, has been or shall be prescribed by such donor 
or donors ; but as to those parts of said fund, in rela- 
tion to which the donor or donors have not, or shall 
not prescribe the manner of appropriation, said Trus- 
tees shall apply at least odc third of the income 
thereof to augment said fund until the annual in- 
come of said fund shall amount to one thousand 
dollars, and then said Trustees may appropriate the 
whole interest of said fund, or any part tliereof, so long 
as the annual income shall continue to be one thousand 
dollars, for the support of the Congregational Ministry 
in said first parish, as said parish shall fromi time 
to time direct ; but in no case to lessen, or make use 
of, any part of the principal; and should said Trustees 
fee possessed of a fund, the annual income whereof 
41 



3^;a CAMBRIDGE MIN. FUND. Bee, 9, 1816. 

shall be more than suflBcient to pay the salary or sala- 
ries of such Congregational Minister or Ministers, as 
shall be regularly ordained and settled in said parish 
by the joint concurrence of tlie inhabitants and church 
thereof, the surplus may be applied for the support of 
schools for teaching the principles of piety, morality 
and religion, and for teaching sacred music, or cither 
of them, as said parish shall from time to time direct, 
or may be appropriated to increase said fund, within 

PiOTiso. the limitation aforesaid: Provide d ^ \\\?Li nothing herein 
contained shall be construed to alter, impair, vacate, or 
in any way effect the contract now existing between 
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 Avill apply to the 
discharge thereof. 

Sec. 11. Be it further enacted^ That if said Trus- 
tees shall fail to pay the annual income of said fund to 
the Congregational Minister, at anytime legally settled 
in said parish, or so much thereof as such Minister shall 
„.,. be entitled to, for the space of thirty days after the 

of "trustees, samc shall become payable, or they shall neglect to 
make report to said parish in March or April, annually, 
or to a select Committee, as in this act directed, they 
shall severally forfeit, for each offence, the sum of 
fifty dollars, and the further sum of thirty dollars per 
month afterwards, until they shall make payment as 
aforesaid, and until they shall prepare 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 Iiave the possession thereof. 

Sec. 13. Be it further enacted, That said Trustees 

Conji.ensfltion shall be entitled to a reasonable compensation, to be 
■' paid by said parish, for their services and risk in man- 
aging 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. 

'^Ef . IS. Be it farther enucted. That all fines and 



SALEM-STREET ACADEMY. Dec, 9, 1816. S^3 

forfeitures incurred for any breach of this act. shall 
and may be recovered by action of debt by the inhabi- 
tants of said parish, if they shall sue for the same within Parish may nir. 
six montlis after the same 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 accord- 
ingly ; and they may have and maintain an action of 
debt, to recover the same. 

Sec. 14. Be it further enacted, That the above-nam- Fhst mecHng. 
ed Loam mi Baldwin, William Hilliard, and Abraham 
Milliard, 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. 

[Approved by the Governor, December 9; 1816.] 



CHAP. LXXV. 

An Act to incorporate the Trustees of the Salem-street 

Academy. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and bij 
the authority of the same, That the Rev. Asa Eaton, Persons iScor. 
Shubacl Bell, Thomas Clark, John Rice, Benjamm^ 
Smith, James W. Burditt, Nathaniel Faxon, John O- 
din, 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. 

Sec. 2. Be it further enacted, That the said Cor- 
poration shall have full power and authority to deter- Choice of eft- 
mine at what times and places their meetings shall be 
holden, and on the manner of notifying the Trustees 
to meet at such meetings ; and also from time to time, to 
elect a President, Treasurer, Secretary, and such oth- 
er officers of said Corporation as they shall judge ex- 
pedient : Also to make orders, and enact, as occasion 



SSI SALEM- STllEET ACADEMY. Dec, % 1816. 

Regulations, may require, a constitutionj and sucli rules and regu- 
lations and by-laws, as they may think proper, not re- 
pugnant to the constitution and laws of tliis Common- 
wealth, with reasonable penalties for the good govern- 
ment of an Academy, erected in Salem- street, in the 
town of Boston. 

Sec. 3. Be it further enacted, T!iat the President 

Power of Trus- and Trustecs sliall have full power and authority, from 

^*'*'': time to time, as they may determine, to elect a Pre«ep- 

tor, 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 supply any vacancies that may happen by 

death, resignation or otherwise, in their Board ; provid- 

Proviso. ed nevertheless, that the number of Trustees, including 

the President, shall never be more than five, nor less 

than tliree. 

Sec. 4. Be it further enacted. That the said Cor- 
poration may lliive a common seal, which tliey may 
break, alter or renew at pleasure ; and that all deeds 
and conveyances, signed and delivered by the Trea- 
surer, and sealed with their seal, by order of the Pre- 
sident and Trustees, shall, when made in their corpo- 
rate name, be considered as binding on the Corpora- 
May sue and be tion. And that the said Corporation may sue and be 
sued. sued, appear in Court, plead and be impleaded, in all 

actions, real, personal or mixed ; and may prosecute 
the same to final judgment and execution, by the name 
of the Trustees of tlie Salem Academy ; and that the 
said t'orporation shall have power to liold^ and take, 
by gift, grant, devise or otherwise, any lands, tenements 
or other estates, real or personal : provided the annual 
clear income of the same does not exceed three thou- 
sand dollars. 

Sec. 5. Be it further enacted. That James W. Bur- 

riist Meeting ^itt bc, and he hereby is authorized and empowered 

to call the first meeting of the Corporation, by leaving 

a written notification at the house of each Trustee, at 

least three days previous to the meeting. 

[Approved by the Governor, December 9? 1816.] 



TOWN OF BROOKS. 



Dec. 10, 1816 



333 



CHAP. LXXVI, 



An Act to incorporate the plantation, called Washing- 
ton, into a town, by the name of Brooks. 

Sec. 1. JjE it enacted hij the Senate and House of 
Representatives in General Court assembled, and by 
the authoritij of the same, That the plantation, hereto- 
fore called Washington, lying in the county of Han- 
cock, as described within the following boundaries, 
with the inhabitants thereon, be, and hereby are incor- 
porated into a town, by the name of Brooks ; begin- 
ning at a stake and stones in the northwest corner, sur- Boundaries. 
rounded by four beach trees,marked ; thence north eigh- 
ty-seven degrees east three miles and one hundred and 
forty-nine rods to a beach tree, marked : thence south 
twenty degrees west, three hundred and seventy-five 
rods to a hemlock tree, ^marked ; thence south seventy 
degrees east, three miles and two hundred and twenty 
rods to a spruce tree, marked ; thence south fifty-five 
degrees w^est four miles and two hundred and thirty 
nine rods to a birch, marked ; thence south sixty-eight 
degrees west two miles and one hundred and forty 
nine rods to a rock maple tree, marked ; thence north 
three degrees west six miles and six rods to the place 
of beginning. And the inhabitants of the said town of 
Brooks are hereby vested with all the powers and pri- 
vileges, and shall also be subject to all the duties and 
requisitions of other corporate towns, according to the >^ 
constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That Phineas Ash- 
mun, Esq. be, and he is hereby authorized to issue his 
warrant, directed to some suitable person, an inhabi- 
tant of the said town of Brooks, requiring him to notify Meetings. 
and warn the inhabitants thereof, to assemble at such 
convenient time and place in said town, as shall be ex- 
pressed in said warrant, for the choice of such town 
officers, as towns are by law required to choose at their 
meetings, in the months of March or April annually. 

[Approved by the Governor, December 10, 1816.] 



B2Q KINGSTON ACADEMY. Dec. 11, 1816, 

CHAP. LXXVII. 

Aii Act to establish an Academy in the townof Kingston.^ 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That there be and hereby is 

Loosti«B, established in the town of K iugston, in the county of 
Plymouth, an Academy, by the name of The Kingston 
Academy, for the purpose of promoting piety and vir- 
tue, and for the education of youth in the languages, 
and such of the liberal arts and sciences, as the Trus- 
tees hereafter named shall order and direct. 

Sec. 3. Be it further enacted, That Martin Parris, 

Tmstees. Esq. E,ev. Morrill Allen, and Dr. Zacheus Bartlett, 
be, and they hereby are nominated and appointed Trus- 
tees of said Academy, and are incorporated into a body 
politic, by the name of the Trustees of Kingston Acad- 
emy ; and they and their successors shall be and con- 
tinue a body politic and corporate, by the same name, 
forever ; and shall have a common seal, which they 

May sue and be may break, alter and renew at pleasure: and may sue 
and be sued in all actions, real, personal and mixed, 
and prosecute and defend the same to final judgment 
and execution, by the name of the Trustees of Kingston 
Academy ; and shall have power and authority to elect 
such officers as they shall judge necessary, and make 
and ordain such laws, rules and orders, not repugnant 
to the laws of this Commonwealth, for the government 
of said Academj^, as to them shall seem fit and requisite. 
Sec. 3. Be it further enacted, That the number of 

Numter and the Trustccs aforcsaid shall not at any one time be more 

g.g'''''*^^'^*^^"than seven, 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 months from the date of 
this act, shall fill up the first Board of Trustees ; and 
may, when said Board shall consist of at least five Trus- 
tees, 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 giv- 
en, granted, devised, or subscribed, for the purposes 



DENNIS DIVIDED. Bee. 11, 1816. 327 

aforesaid ; provided, the annual income of said estate PioTba. 
shall not exceed three thousand dollars ; and all deeds 
and instruments, lawfully made by said Trustees, and 
sealed with their seal, shall bind said Trustees and 
their successors in office. 

Sec. 4. Be it further enacted, That Martin Parris, 
Esq. be, and he is hereby authorized and empowered First Meeting. 
to appoint the time and place for holding the first meet- 
ing of said Trustees, and notify them thereof. 

f Approved by the Governor, December 11, 1816.] 



CHAP. LXXYIII. 

An Act to divide the town of Dennis into two Parishes. 

Sec. 1. jjE it enacted by the Senate and House of 
Representatives 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 di- 
vided 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 Bounda)i«»s. 
road to Chatham, near 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 it 
the northwest corner of the town of Harwich, and tlie 
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 subject to all the duties 
and requirements of other parishes or religious societies, 
according to the constitution and laws of this Common- 
wealth. 

Sec. S. Be it further enacted, That the public 
ministerial property in the said town of Dennis, shall 
be divided in such proportion as may be found and de- Division of p-o 
termined by the ministerial tax which was assessed for"^^'" 
the present year, at the last assessment, made in the 
year of our Lord one thousand eight hundred and fiiV 



328 SOCIETY IN MACHIAS. Dec, 11, 1816. 

teen. And each parishioner shall be taxed for his min. 
isterial tax, on his whole property, in that Parish only 
in which he may dwell or reside. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the county of Barnstable, is hereby em- 
Meeting; for Hie powered to issue a warrant directed to a freehold inha- 
choice o ijjjtant in each of said Parislie«, respectively, requiring 
him to notify and warn the inhabitants in his own Pa- 
risli, to meet at such convenient time and place as shall 
be appointed in said warrant, to elect and appoint such 
officers as parishes are by law empowered and required 
to choose and appoint, at their annual pariish meetings. 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXIX. 

An Act to incorporate the First Congregational Socie. 
ty in Machias. 

Sec. 1. oE it enacted by the Senate and House of 
Jlepresentatives in General Court assembledf and hy 
the authority of the samCf That Stephen Jones, Peter 
*ZIT\ '"'^^'^ Talbot, John Cooper, John Dickinson, Rosewell 
Hitchcock, Silas Turner, Walter Ilobbins, Israel Ho- 
vey, James Foster, Peter Talbot, jun. Samuel Else- 
more, Edward Wis wall, Abijah Foster, George H. A- 
very, Luther Carey, Aarou L. Raymond, Moses Fos- 
ter, William Pope, George Scvey, jun. Mariner Lib- 
bey, Ebenezer Libbey, David Libbey, Jacob Penni- 
man, William A. Crocker, JMobCs Hanscom, Francis 
Libbey, John Crocker, Daniel Longfellow, John Stu- 
art, John S. Kelley, John Conners, James Conners, 
Jonathan Longfellow, jun. William Flyn, James Eli- 
ot, William Silley, David S. Kelley, Abraham Butter- 
field, Ebenezer Albee, Ebenezer Inglee, George S. 
Smith, William Ellis Smith, William Sanborn, Wil- 
liam Chase, Oake A. Ruggles, Elisha D. Chaloner, 
Elias Waterhouse, William Emerson, Henry S. Chase, 
Jabez W. Foster, Aaron M. Foster, Cyrus W. Foster, 
Enoch. Hill, George Sevey, Enoch Waterhouse, jun. 
Mieah J . Talbot, William Golding, Charles Emerson, 



porated. 



SOCIETY IN MACHIAS. Dec. 11, 1816. S39 

David Sevey, Pearl Howe, David Libbey, Edward 
Sevey, Marshall Thaxter, Jacob Longfellow, Samuel 
Smith, Newell Witherbe, Harrison Thacher, Nathan 
Longfellow, Josiah Hill, William Chaloner, Stephen 
S. Bowles, John Holway, Obadiah Hill, David Pineo, 
Nathaniel Ellis, John Palmer, Isaac Hanscom, John 
Smith, Ephraim Whitney, jun. Marshall Getchell, E- 
noch Longfellow, John Day, John C. Talbot, Levi 
Bowkei*, James W. Crocker, John Getchell, Joseph 
Goodhue, Daniel Averil], Ainos Boynton, Stephen 
Smith, Caleb Carey, WilliamGardiner, Jonathan Long- 
fellow, John Sevey, jun. Josiah Harris, Samuel Aver- 
ill, Enoch Waterhouse, Consider Drew, Henry Lyon, 
and Alexander Drew, with their families and estates, 
together with such others as may hereafter associaiii 
with them and their successors, be, and tliey are hereby 
incorporated into a Society, by the name of The First 
Congregational Society in Machias, with all the pow- 
ers, privileges, rights and immunities to which other 
parishes are entitled by the constitution and laws of 
this Commonwealth. 

Sec. S. Be it further enacted, That any person in 
said town of Machias, who may be desirous of becom- conditions of 
ing a Member of the said First Congregational Socie- "* ^""^' 
ty, and shall declare such intention in writing, given 
to the Clerk of the said Society, fifteen days pre- 
vious to the annual parish meeting, and shall receive 
a certificate thereof, signed by the said Clerk, that he 
or she has actually become a Member of, and united in 
religious worship with, the said First Congregational 
Society, such person shall be considered, with his or 
her polls and estate, as a Member of said Society. 

Sec. 3. Be it further enacted. That when any Mem- 
ber of said First Congregational Society shall desire to 
leave the same and unite in religious worship with any Secession. 
other religious Society in said town, and shall give no- 
tice of such intention in writing to the Clerk of said 
Society, and shall also give in his or her name to the 
Clerk of such other Society fifteen days previous to the 
annual meeting of said Society, such person shall have 
from the Clerk of said Society a certificate thereof, and 
be considered as released from the Society from the 
date of said ceitificate : J[^rovide.d hoiceveVf that every Pro»iso. 
43 



r 



330 TOWN OF CORINNA. X^ee. 11,1816. 

sucli person shall always be lield to pay his or her 
proportion of all parish charges in the said Society as- 
sessed and not paid previous to leaving the same. 

Sec. 4. Z?e it further enacted^ That either of the 
Justices of the Peace for the county of Washington, 
upon application therefor, is authorized to issue his 
warrant, directed to some Member of the said Society, 
requiring him to notify and warn the Members thereof 
First Meeting, to meet at sucli time and place as shall be appointed 
in said warrant, to chor.se such officers as parishes are 
by law empowered and required to choose, at their an- 
nual meeting in March or April. 

[Approved by the Governor, December 11, 1816. ] 



CHAP. LXXX. 

An Act incorporating the town of Corinna in the 
county of Somerset. 

Sec. 1. JlSE it enacted hy the Seriate and House 
of Representatives in General Court assembled^ and 
hy the authority of the same, That the township num- 
bered four, in the fourth range of townships, north of 
the Waldo patent, in the county of Somerset, as con- 
tained within the following described boundaries, be, 
and hereby is incorporated as a town, by the name of 
Corinna ; viz. east by the town of Exeter, north by 
Boundaries, tlic town of Dcxtcr, soutli by the town of Newport, 
and west by the town of St. Albans ; and the inhab- 
itants of the said town of Corinna are hereby vested 
with^all the powers and privileges, and shall also be 
subject to all the duties and requisitions of other 
towns, according to the constitution and laws of this 
Commonwealth. 

Sec. 3^ Be it further enacted, That any Justice of 
the Peace for the county of Somerset, upon applicatioa 
Meeting for thcrcfor, is hereby empowered to issue a warrant di- 
choice cf offi-j.gctg(i {q ^ freehold inhabitant of the said town of 
Corinna, requiring him to notify and warn the qua- 
lified voters therein to meet at such convenient time 
and place in the same town as shall be appointed ia 



cers. 



TOWN OF RIPLEY. Dec. 11, 1816. 331 

the said warrant, for the choice of such officers, as 
towns are by law empowered and required to choose 
and appoint at their annual town meetings in March 
or April. 

[Approved by the Governor, December 11, 1810.] 



CHAP. LXXXI. 

An Act incorporating the town of Ripley in the 
county of Somerset. 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same. That the township numbered 
five in the fifth range of townships north of the Waldo 
patent, in the county of Somerset, as contained within 
the following described boundaries, be, and hereby is 
incorporated as a town, by the name of Ripley, viz. Boundaries, 
north by the township numbered five, in the sixth 
range of townships ; east by the town of Dexter ; 
south by the town of St. Albans, west partly by the 
town of Harmony, and partly by the township num- 
bered three in the second range. And the inhabitants 
of the said town of Ripley are hereby vested with all 
the powers and privileges, and shall also be subject to 
all the duties and requisitions of other towns accord- 
ing to the constitution and laws of this Commonwealth. 

Sec, 3. Be it further enacted, That any Justice of 
the Peace for the county of Somerset is hereby em- 
powered, upon application therefor, to issue a warrant, iMeeting for 
directed to a freehold inhabitant of the said town of ficei-s'^^*^*' 
Ripley, requiring him to notify and warn the qualified 
voters therein to meet at such convenient time and 
place in the same town as shall be appointed in the 
said warrant, for the choice of such officers, as towns 
are by law empowered and required to choose and ap- 
point, at their annual town meetings in March or 
April. 

[Approved by tha Governor, December 11; 1816.] 



33a MIN. FUND IN TOPSHAM. Dec, 11, 1816. 

CHAP. LXXXIT. 

An Act to establish a Ministerial Fund in the First Pa- 
rish in Topsham. 

Seg. 1. JdE it enacted by the Senate and House of 
Mepresentatives in General Court assembled^ and by 
the authority of the same, That Acter Patten, , the se- 
persons mcor-cond, Benjamin Orr, George Rogers, Humphry Pur- 
'^"'^^ ington, Thomas Grelston Sanford, George F. Patten? 

and Thomas Wilson be, and they are hereby appoint- 
ed Trustees, and are incorporated into a body politic, 
by the name of The Trustees of the Ministerial Fund 
of the first parish in Topsham ; and they and their suc- 
cessors shall be and continue a body politic and cor- 
Fowcrs. porate forever ; tliey shall have a common seal, subject 
to alteration ; 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 : The number of said Trustees shall not, at 
any one time, be more than seven, nor less than four, 
any four of whom sliall be a quorum for transacting bu- 
siness : They may elect a President and a Clerk, who 
shall be sworn faithfully to perform the duties of his 
said office, and a Treasurer, who shall give bond to the 
said Trustees, in such penalty and with such sureties 
as they shall direct and approve of, conditioned for the 
faithful performance of the duties of said office, accord- 
ing to the true intent and meaning of this act ; and the 
said Trustees shall supply all vacancies in their num- 
ber from the Members of said parish ; and they shall 
have power to remove any of their number, who may 
become unfit and incapble from age, infirmity, miscon- 
duct, or any other cause of discharging their duty ; 
and they shall annually hold a meeting in March or 
April, and as much oftener as may be necessary for 
the election of officers and transacting other business 
of said Corporation ; which meetings, after the first, 
sliall be called and notified in such manner as the Trus- 
tees shall direct. 

Sec. 2. Be it further enacted, That the said Trus- 
tees be, and they are hereby empowered to sell and con- 



MIN. FUND IN TOPSHAM. Dec. 11, 1816. 333 

vey in fee, or lease for a term of years, not exceeding 
ten years, all the land, and any part thereof, belong- 
ing to the said parish, which has been, or may hereaf- 
ter be granted and appropriated to the support of the 
Gospel Ministry therein ; and all deeds signed and 
delivered by the Treasurer of said Trustees, and seal- 
ed with their seal, by their order, shall, when made in 
their corporate capacity, be valid and sufficient in law^ 
to pass and convey to the purchasers, the fee or term 
of years in the land aforesaid : and the monies arisins; Disposition of 
from the sale, or lease of said land shall be put on inter- 
est, and shall form a fund, the annual income of which 
shall be appropriated to the support of the Ministry in 
said parish ; and shall be under the care and manage- 
ment of said Trustees, in the manner provided and 
directed in this act. And all gifts, grants, devises or 
legacies which have been, or hereafter may 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 
management of the Trustees aforesaid ; and when said 
Trustees shall loan said monies, or any part thereof, the 
same shall be secured by mortgage on real estate of 
double the value of the money loaned, or secured 
by two or more sufficient sureties, with the principal, 
unless the said Trustees shall think it best to invest 
the said proceeds and fund in public securities or bank 
stock, which they, in their discretion, shall have power 
to do : And it shall never be in the power of the said Limitation of 
Trustees, or the said parish, to alienate or alter theT"^"' 
appropriation of the said Ministerial fund ; and the 
said Trustees shall annually apply the whole interests, 
rents and profits only of said fund to the support of the 
Ministry in said parish, in such manner as the parish, 
at a legal meeting shall direct ; and they shall, every 
year, at the annual meeting of said parish in March or 
April, exhibit to the parish their accounts with the 
Treasurer, expressing the receipts and payments, with 
the state of the fund ; and the Treasurer shall exhibit 
his account with the said Trustees, to the parish at the 
same meeting, and the parish may, at their discretion, 
appoint auditors, not exceeding three, to examine said AmUtbcs, 
accounts and vouchers, and report to the parish the state 
of said funds. 



2B^ SOCIETY IN CORINTH. Dec. 11, 1816. 

Sec. 3. Be it further enacted, Tliat the Trustees, or 
their officers, for any sen ices they perform, shall be en- 
titled to no compensation out of any money arising from 
Pay of officers, the aforcsaid fund, but a reasonable compensation may 
be made to them by tlie said parish ; and the said Trus- 
tees and their successors, and each of them, whether 
they be officers or not, shall be responsible to the said 
parish for their personal neglect and misconduct, and 
shall be liable to prosecution for any loss or damage 
resulting thereby to the funds aforesaid ; and the debt 
or damage recovered in sucli suit shall be added to said 
fund. 

Sec. 4. Be it furtJier enacted, That any Justice of 
the Peace for the county of Lincoln, upon application 
made by a,ny tAVo of said Trustees, in writing, under 
their hands, is hereby empowered to issue his warrant, 
directed to one of the Trustees, so applying, requiring 
Call of meet- him to notify and call a meeting of the said Trustees, 
™^^' to be held at such convenient time and place, as may 

be appointed in said warrant, to organize said Corpo- 
ration, by the appointment of its officers, and for the 
transacting of any other proper business of the Cor- 
poration. 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXXIII. 

An Act to incorporate the First Baptist Society in Co- 
rinth, in the county of Penobscot. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same. That Joshua Herrick, Isaac 
Hodsdon, John Goodhue, George Simpson, Joseph 
Persons incor- Carr, William Stevens, Peletiah Simpson, Robert 
porated. Simpson, Abuer Tibbets, William Peabody, Benja- 
min Dyer, William Seaward, James Stevens, Oliver 
Stevens, Reuben Ball, Joseph Stevens, Timothy 
Simpson, John Hunting, Joseph Sylvester, together 
with their polls and estates, be, and they hereby are 
incorporated; by the name of The First Baptist Society 



SOCIETY IN CORINTH. 



Bee. li, 1816. 



335 



in Corinth, witli all the privileges, powers, and immu- 
nities, wliich parishes in this Commonwealth, by law 
enjoy. 

Sec. 2. JBe it further enacted, That any person ia 
the county of Penobscot, who may at any time hereaf- 
ter, actually become a Member of, and unite in religious 
worship with the said Baptist Society, and give in his 
or her name to the Clerk of the parish, to which he or Membership. 
she did heretofore belong, with a certificate, signed by 
the Minister or Clerk of the said Baptist Society, that 
he or she had actually become a Member of, and united 
in religious worship with the said Baptist Society in 
Corinth, fourteen days previous to the Parish Meeting, 
therein to be holden in the month of March or April 
annually, shall, from and after giving such certificate, 
with bis or her polls and estate, be considered as a. 
Member of said Society : Provided lioivever, that such 
person shall be holden to pay his or her proportion of 
all monies assessed or voted in the parish, to which he 
or she belonged previous to that time. 

Sec. 3. Be it farther enacted, That when any mem- 
ber of said Society shall see cause to leave the same, 
and unite with any other religious Society, and shall 
give in his or her name to the Clerk of the said Baptist 
Society, signed by the Minister or Clerk of the parish, 
or other religious Society with which he or she may 
unite, that he or she hath actually become a Member 
of, and united in religious worship with such other pa- 
rish 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 Baptist 
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. 

Sec. 4. Be it further enacted, That Mark Traftoii, 
Esq. be, and he is hereby authorized to issue his war- 
rant, directed to some suitable Member of said Bap- 
tist Society, requiring him to notify and warn the Mem- 
bers of said Society, qualified to vote in parish affairs, 
to assemble, at some suitable time and place, in said 
town of Corinth, to choose such parish officers as ar« 
by law required to be chosen in the months of March 



Secession. 



Meetinos. 



336 WIDOW'S DOWER— OXFORD. Dec, 11, 1816. 

or April annually, and to transact all other matters and 
things necessary to be done in said Society. 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXXIV. 

An Act concerning Dower. 

jj E it enacted by the Senate and House of 
MeiJresentatives in General Court assembled^ and by 
the authority of the same, That in all cases where any 
person has died or shall die, seized of any estate, leav- 
ing a widow, who is lawfully entitled to dower therein, 
such widow shall be, and hereby is entitled to have, 
and receive one undivided net third part of the rents. 
Dower. lucomcs aud profits of such estate, until the heir or 

heirs of such deceased person shall assign and set out 
to such widow her dower, according to law, or until 
the same shall be actually assigned, and set out to her, 
under a judgment of Court, or an order of a Court of 
Probate. 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXXV. 

An Act to incorporate an Association, for the support 
of a Parsonage in the town of Oxford. 

6ec. 1. ijE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Nathan Hall, Elias 
Pratt, John Meriam, Stephen Prince, Sylvan us Town, 
ppt-sons ineor. Charlcs Towu, Pctcr Butler, Ebenezer Meriam, Abi- 
jah Davis, Archibald Campbell, James Gleason, Sam- 
uel Coburn, Joseph Brown, jun. Martha Kingsbury, 
and David Nichols, be, aud hereby are incorporated 
into a body politic, by the name of The Oxford Minis- 
terial Association ; and they and their successors shall 
be, and continue a body politic and corporate by that 



po rated. 



PARSONAGE IN OXFORD. Dec. 11, 1816. 8^7 

name forever ; and they may have a common seal, sub- 
ject 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 to final judg- 
ment and execution. 

Sec. 2. Be it further evaded, That said Associa- 
tion be, and hereby are authorized to raise, by sub- 
scription, the sum of four thousand dollars, to be ap- 
j^opriated to the purpose of purchasing land, whereon 
to erect a Parsonage House, for the use of the Congre- Parsonage. 
gational Minister in the town of Oxford, and for build- 
ing 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 for- 
ever continue the property of the Association for the 
use aforesaid, and no other. 

Sec. 3. He it further enacted, That said property 
shall be divided into twelve equal shares, to be distri- 
buted among the Members of said Association, propor- 
tionally as they shall subscribe for the same ; and said 
shares shall, at all times, be transferable, and may be Suaesdansfer- 
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. 

Sec. 4. Be it further enacted. That there shall be 
a meeting of said Association on the first Monday of Annual Meet- 
March a'nnually, at which time there shall be chosen oltvf"''''"^ 
three or more Trustees, a Clerk, Treasurer, and such 
other officers as may be necessary to manage the con- 
cerns of tlie Association ; and said Trustees shall have 
the care and superintendanee of the property aforesaid, 
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 requiretl ; and said Trustees shall give 
bond to the Treasurer for the time being, in such sum 
as the Association shall direct, conditioned faithfully 
to discharge their trust. 

Sec. 5. Be it further enacted. That whenever a va- 
cancy may occur in any office, by death, resignation or 
removal from town, a meeting of the Association shall 
43 



ms STATE BANK CAPITAL. JDec. 11, 1816, 

Le convened, as soon as may be, by the Clerk or Trea- 
surer, by posting up a notification at the meeting house, 
or some public house or houses in Oxford, at least se- 
ven days before the time of said meeting ; at which meet- 
vaeancics suping or au adjournment thereof, the vacancy may be sup- 
^^^ ' ' plied : And the Members of said Association shall 
have power, at any meeting regularly convened, to form 
and adopt such rules, regulations and by-laws as jaay 
be thought necessary ; provided the same be not repug- 
nant to the constitution or laws of this Commonwealth. 
Sec. 6.. Be it further enacted, That at all meetings of 
Yoiep. the Association, each share shall be entitled to a vote ; 

and if any share be holden by more than one individ- 
ual, those owners thereof who shall be present, or shall 
have constituted a proxy, shall, together, be entitled 
to oue vote, and no more. 

Sec. 7' J^^ it further enacted, That either of the 
Justice mny call Justices of the Pcacc in the town of Oxford, may is- 
mtetiiig. g^^g |j|g warrant, directed to some Member of said As- 
sociation, requiring him to notify and warn the first 
meeting thereof, at such time and place as sjiid warr 
rant shall designate ; at which meeting, the same be- 
ing duly notified and convened, the said Association 
shall be organized, and proper officers chosen. 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXXVI. 

An Act authorizing the President, Directors and Com- 
pany of the State Bank to reduce their capital 
stock. 

Sec. 1. JBE it enacted hij the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That, from and after the 
first day of March next, the capital stock of the Pre- 
isident. Directors and Company of the State Bank shall 
. consist of a sum not more than three millions of dol- 
■/((sek.""^' ° lars, nor less than eighteen hundred thousand dollars, 
as the same shall be determined at a meeting of the 
Stcck|iolders of said Bank, to be holden as hereinaf'- 



ijimii< 



^TATE BANK CAPITAL. Bee, 11, 1816. 339 

ter provide*.! ; the number of shaves to be the same as 
at present established by law : Provided however^ that 
no dividend of the capital stock of said Bank, as now 
existing, shall be made, until proof shall have beea 
made to the satisfaction of the Governor and Council, 
or of Commissioners by them appointed, at the ex- 
pense of the Corporation, that there exists in said 
Bank, funds belonging to said Corporation sufficient 
to pay all their bills in circulation, and all deposits 
and other demands existing against the same, beyond 
the sum then to be divided ; jyrovided also, that noth- PioYiso. 
ing herein contained shall be construed to aJofect the lia- 
bility of the Corporation, or the individual Stockhold- 
ers, as established by the original act incorporating 
said Bank ; and provided alsoy 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 ex- 
isting capital stock of said Bank shall be reduced, as 
is herein before provided, shall be and continue the 
permanent capital stock of said Bank until the same 
shall be altered by law. 

Sec 2. Be it further enacted, That the said Presi- 
dent, Directors and Company shall be holdeu to pay 
into the Treasury of this Commonwealth, their propor- 
tion of the tax now required to be paid by law upon Tai. 
the existing capital of said Bank, until the same shall 
actually be reduced and the amount of such reduction 
divided and ordered to be paid over to the several and 
respective Stockholders. 

[Approved by the Goveynpr, December 11. 1816.] 



340 COURTS-PAYMENT OF P.DEBT. Dec.11,1816. 



CHAP. LXXXVII. 

Au Act to alter the times of holding the Circuit Court 
of Conimou Pleas, aud Court of Sessions, withia 
and for the county of Berkshire. 

* Sec. 1. oE it enacted hij the Senate and House of 
Representatives in General Court asaemhled^ and by 
the authority of the samej That the Circuit Court of 
Common Pleas, and Court of Sessions, within aud for 
the county of Berkshire, shall, from and after the pas- 
iSing of this act, be holden at Lenox, within and for the 

Stated periods. said couuty, ou the fourth Monday of February, June 
and October annually, instead of the times now ap- 
pointed by law for holding said Courts. 

Sec. 2. Be it further enacted, That all writs, re- 
cognizances, warrants, complaints, and every other pro- 
cesss, precept, matter and thing returnable to said 
Courts on the first Monday of January next, and all 

Transferor Lu- parties and persons that have been or may be required 
or directed to appear and attend at the time and place 
last abovementioned, and all actions, indictments, suits, 
matters and things now pending in said Courts, or either 
of them, in said county, shall be returned to, entered, 
appear and attend, have day, be heard, tried and de- 
termined, in the said Courts respectively, at the term 
thereof, appointed by this act, to be holden on the 
fourth Monday of February next. 

[Approved by the Grovernor, December 11, 1816.] 



CHAP. LXXXVIII. 

An Act making provision for the payment of three fifth 
parts of the balance of the debt due from this Com- 
monwealth for loans for defence in the late war- 

Sec. 1. JjE itenactedhy the Senate and House of 
Jlepresentatives in General Court assembled, and by 
the authority of the same, That the Treasurer of this 
Commonwealth be, and he hereby is directed and em- 



PAYMENT OF PUB. DEBT. Bee. 11, 1816. 3*1 

powered to pay on, and at any time after the twentieth 
day of February next, three fifth parts of the balance '^'y|*'^ ^'^^^ '" 
of the debt which may remain due from this Common-^ 
wealth on notes issued in conformity to an act passed 
the twenty-eighth day of February, in the year of our 
Lord one thousand eight hundred and fifteen, entitled 
" An act relating to loans made to defray expenses in- 
curred by the Commonwealth during the late war, and 
for other purposes,'' in addition to the interest which 
then shall have accrued thereon : Provided a certain Proviso. 
resolve, passed on the twentieth day of November, in 
this present year, authorizing the sale of the public 
stocks belonging to this Commonwealth, in the Boston 
and Union Banks, shall have been carried into effect ; 
and so much of the money arising from said sales, as 
may be necessary, is hereby appropriated to this 
purpose. 

►Sec. 2. Be it further enacted. That the Treasurer 
shall issue new notes, bearing interest at the rate of six New Notes. 
per centum per annum from the first day of October, in 
the year one thousand eight hundred and sixteen, to 
the several liolders of the notes aforesaid, for the bal- 
ance which shall be due to them, after deducting and 
paying off three fifth parts as aforesaid ; and the three 
fifth parts of the debt aforesaid shall cease to bear in- 
terest from the said twentieth day of February next. 

Sec. 3. Be it further enacted. That the new notes 
to be given by the Treasurer, shall be of the form fol- 
lowing, signed by him, and countersigned by the Se- 
cretary of the Commonwealth, viz. : 

LOAJK' FOB BEFEJ^CE, 

COMMONWEALTH OF MASSACHUSETTS. 

1817. 
No. 



Be it Icnowrif That there is due from the Common- FcrmofXote. 
w^ealth of Massachusetts, unto or 

bearer, the sum of dollars, bearing 

interest at the rate of six per centum per annum, from 
the first day of October, one thousand eight hundred and 
sixteen inclusively, payable half yearly, and subject to 



34S BOSTON BANK CAPITAL. Dec. 13, 1816 

redemption, in whole or in part, at the pleasure of the 
Commonwealth. 

Secretary, 

Treasurer* 

[Approved by the Governor, December 11, 1816.] 



CHAP. LXXXIX. 

An Act to reduce the Capital Stock of the Boston Bank. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives y in General Court assembled, and 
iy the authority of the same. That from and after the 
first Monday of April, in the year of our Lord one 
thousand eight hundred and seventeen, the capital stock 
of the Corporation, created by an act of the Legislature, 
passed on the twenty-third day of June, in the year of 
out Lord one thousand eight hundred and twelve, by 
the name of The President, Directors and Company of 
Diminution of tlic Bostou Bank, be and the same hereby is reduced to 
^'°'^''" the sum of nine hundred thousand dollars. 

Sec. 2. Be it further enacted, That the number of 
Shares. sharcs in said Bank shall, from and after the said first 

Monday of April, be twelve hundred, and that each 
share shall be of the estimated or nominal value of se- 
venty-five dollars. 

Sec. 3. Be it further enacted, That no dividend of 
the capital stock of said Bank, as now existing, shall 
be made until proof shall have been made to the satis- 
faction of the Governor and Council, or of Commission- 
ers by them appointed, at the expense of said Corpora- 
Comvetcney ofiion, that there now exists in said Bank funds belong- 
^^ *■ ing to said Corporation, sufficient to pay all notes in 

circulation, and all deposits, and other demands exist- 
ing against the same beyond the sum then to be reduced : 
and tliat nothing contained in this act shall be construed 
to affect the liability of the Corporation, or the indivi- 
dual Stockholders, as established by the original act 
incorporating said Bank, or any other existing law. — 
And the said Corporation shall be holden to pay into 
the Treasury of this Commonwealth, their proportion 



STREETS IN BOSTON. Dec. 13, 1816. 34*3 

of the tax now required to be paid by law upon the ex- Tjlx. 

isting capital of said Bank, until the same shall be ac- 
tually reduced as aforesaid, and all arrearages of taxes 
paid. 

Sec. 4. Be it further enacted. That the liability of 
ihe President, Directors and Company of the Boston 
Bank to loan to the Commonwealth, shall be in propor- Loans to state, 
lion to the sum of the capital of said Corporation, when 
reduced as aforesaid. 

[Approved by the Grovernor, December 13, 1816.] 



CHAP. XC. 

An Act in further addition to an act, entitled ^^ An act 
to regulate the paving of streets in the town of 
Boston, and for removing obstructions in the same.'' 

Sec. 1. JjE it enacted hy the Senate and House of 
Mepresentatives in General Court assemhled, and hy 
the authority of the same, That the Selectmen of the 
town of Boston, for the time being, whenever in their 
opinion the safety or convenience of the inhabitants of 
said town shall require it, shall be, and tliey hereby 
are empowered to discontinue any street, lane or Powers. 
alley of the said town, or to make any alteration in 
the same, in part or in whole ; reserving however, in 
all 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 act entitled an act 
to regulate the paving of streets in Uie town of Boston, 
and for removing obstructions in the same.-' 

Sec. 2. Be it further enacted, That all orders, votes order.,, voics, 
and determinations of the said Selectmen of the town^^-^«^'''- 
of Boston, heretofore had and passed for the discon- 
tinuance 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 always to individuals 



S44 



STREETS IN BOSTON. 



Dec. 13, 1816. 



Records. 



recompense for damages sustained thereby as is pro- 
vided in the said act. 

Sec. 3. Be it further enacted. That the Selectmen 
of the town of Boston shall keep a record of all the 
streets, lanes and alleys of the said town, and of all' 
tlie votes and proceedings relative to the same ; and 
that copies thereof, certified by the Town Clerk, shall 
be valid to all intents and purposes. 

Sec. 4. Be it further enacted, That from and after 
Prehibitions. the passing of this act, no person shall raise up from 
any street, wharf or place of public resort within the 
town of Boston, for the purpose of storing the same, 
any cask, bale of goods, or other articles of merchan- 
dize, 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 oihcr building on the outside of 
the same, which sliall adjoin upon any street, wharf, 
or place of public resort, within the said town of Bos- 
ton, any cask, bale of goods, or other article of mer- 
chandize, except at such times and places, and under 
such restrictions and limitations, as the Selectmen, for 
the time being, shall by writing authorize and direct. 
And every person who shall offend in manner afore- 
said, shall forfeit and pay to the Commonwealth, for 
each and every such offence, a sum not exceeding ona 
hundred dollars, nor less than ten dollars, to be re- 
covered by indictment in the Municipal Court, for the 
town of Boston, with costs of prosecution ; jirovided, 
that this shall not be construed to extend to the raising 
any materials or other articles which may be necessary 
in erecting, repairing or taking down any building 
w ithin the said town of Boston, or for the convenience 
thereof, or for removing any merchandize or other 
article in case of danger by fire, or other inevitable 
casualty. 

[Approved by the Governor, December 13, 1816.] 



Penallies. 



Proviso. 



BANKS, Dec. 13, 1816. 9Ad 

^ CHAP. XCi. 

An Act concerning Banks» 

Sec. 1. JjE it enacted by the Senate and House 
of Rejpresentatives in General Court assembled, and 
by the authority of the same. That from and afier tlie 
passing of this act, no Bank incorporated in this Com- 
monwealth, shall issue any bill, note, cheek or draft, Locality of b;;;, 
payable at any place other than said Bank, unless the 
same shall also, on the face thereof, be made payable 
at the Bank issuing the same ; and no Bank shall is- 
sue any bill or note, redeemable at such Bank, in any 
other manner than by payment in specie. 

Sec. 2. Be it further enacted, That every incor- 
porated Bank within this Commonwealth, which has 
issued, or shall issue any bill, note, check or draft, 
redeemable in any other manner than by payment in 
specie, or payable at any place other than the place 
where such Bank is by law established and kept, 
shall be liable to pay the same in specie to the holder Prompt pay- 
thereof, on demand at said Bank, without a previous '^''"^*- 
demand at the Bank or place where the same is, on 
the face of such bill, note, check or draft, made pay- 
able. And if the Bank which issued the same shall 
neglect or refuse to pay, on demand made as aforesaid, 
any bill, note, check or draft, such Bank shall be p^naty. 
liable to pay to the holder thereof the same penalties 
as arc provided in and by an act, entitled ^^ An act to 
enforce the payment of Bank notes :" Provided how- 
ever, that nothing herein contained, shall extend to Pioviio, 
any check or draft drawn by the President or Cashier 
of any Bank within this Commonwealth, on any other 
incorporated Bank, either within or without this Com- 
monwealthj for any sum exceeding one hundred dol- 
lars ; but all such checks or drafts shall first be pre- 
sented for payment at the Bank on which the same 
shall be drawn, and in default of payment, the holder 
shall be entitled to recover against the Bank which 
issued the same, the amount of such check or draft, 
with two per eent. per month en the amount thereof; 
44 



31G INSTITUTION FOR SAYING'S. Bee, 13, 1816. 

from and after the time when such cheek or draft shall 
have been refused payment, as additional damages in 
any action against such Bank for the recovery of such 
check or draft. 

Sec. 3. Be it further enacted, That the second 
Time of opera, scctiou of this act, SO far as respects notes, bills, checks 
^°"' or drafts already issued, shall have effect from and 

after the first day of June next. 

[Approved by the Governor, December 13, 1816.] 



CHAP. XCII. 

All Act to incorporate the Provident Institution for 
Savings in the town of Boston. 

Sec. 1. x5E it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same, That his Honor William 
Persons iucor-piiii][ipg^ Johu PhilUps, Samucl Parkman, James 
poiae . Perkins, Thomas Dawes, Johu Lowell, Russel Stur- 
gis, Jonathan Hunewell, Josiah Quiucy, .John D. 
Williams, James Prince, Thomas K. Jones, Richard 
Sullivan, Redford Webster, William Little, Samuel 
Snelling, .Fesse Putnam, Esquires, Reverend Thomas 
Baldwin, D. D. Reverend William E. Channing, 
Reverend Charles Lowell, William Mackay, Elisha 
Ticknor, Jonathan Amory, jun. Samuel H. Walley, 
John L, Sullivan, John Bellows, Joseph Coolidge, 
jun. John Richards, Ozias Goodwin, John Dorr, 
Samuel May, Gedney King, William Ropes, Andrew 
Ritchie, Edward Tuekerman, jun. William Harris, 
David Greenough, Thomas Motley, Benjamin Smith, 
David W. Child, Gideon Snow, Edward Cruft, Jacob 
Hiler, Jonathan Phillips, William Cochran, Nathan- 
iel 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 Institu- 
tion for Savings in the town of Bo&ton ;" and that they, 
and such others as shall be duly elected Members of 
the eaid Corporation, as is in this act provided, shall 



INSTITUTION FOR SAVINGS. Bee. 13, 1810. ^V^ 

be, and remain a body politic and corporate, by the 
same name, style and title forever. 

Sec. 3, Be it further enacted, That the said Socie- 
ty 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 Depasiu. 
of money, and to use and improve the same for the pur- 
poses, and according to the directions herein mention- 
ed and provided. 

Sec. 3. Be it further enacted, Tiiat 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 Dispositioa of: 
and divided among the persons making the said depo-^^^*"*" ^" 
sits, their Executors or Administrators in just propor- 
tion, vrith such reasonable deductions, and the princi- 
pal of such deposits may be withdrawn at such times 
and in such manner as the said Society shall tlirect 
and appoint. 

Sec. 4. Be it further enacted, That the said Socie- 
ty and Corporation shall, at their annual meeting in De- Annual m-et. 
cember, have power to elect, by ballot, any other per- '"^^' 
son or persons as Members of the said Society. 

Sec. 5. Be it further enacted^ That the said Socie- 
ty may have a common seal, which they may change Genera! pow- 
and renew at pleasure ; and that all deeds, conveyan- ^^^' 
ces and a;rants, covenants and agreements made by 
their Treasurer, or any other person, by their authority 
and direction, according to their Institution, shall be 
good and valid ; and the same Corporation sliall, 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. 

Sec. 6. Be it further enacted, That the said Socie- 
ty shall hereafter meet at Boston, sometime in the mouth 
of December annually, and as much oftener as they 
may judge expedient ; and any seven Members of the 
said Corporation, the President, a Vice President, Election of ofs/ 
Treasurer, or Secretary being one, shall be a quorum ;*^^'^" 
and the said Society, at their meeting in December an- 
nually, shall have power to elect and choose a Presi- 
dent, Vice-President and all other such officers as to 
them shall appear necessary ; which officers, so cho- 



318 



CHURCH IN PEMBROKE. 



Bee. i2, 1816, 



sen, shall continue in oifice one year, and until others 
are chosen in their room ; and all officers, so chosen, 
shall be under oath to the faithful performance of the 
duties of their offices respectively. 

Sec. 7« J^a it further enacted, That the said Soeie- 

pjr lavs, ty hereby arc, and forever shall be vested with the pow- 
er of making by-laws for the more orderly managing 
the business of the Corporation ; provided the same are 
not repugnant to the constituiion or laws of this Com- 
monwealth. 

Sec 8. Be it further enacted, That his Honor Wil- 

Flist meeting, liam Phillips, Esq, be, and he hereby is authorized, by 
public notification, in two of the Boston newspapers, 
to call the first meeting of the said Society, at such 
lime and place, as he shall judge proper. 

[Approved by the Grovernor, December 13, 1816.] 



CHAP. XCIII. 



Ailtlitionaltrii! 

tws. 



?roTis(». 



An Act, in addition to an act, entitled " An act for in- 
corporating certain persons therein named, by the 
name of the Trustees of the Church and Congrega- 
tion in the second precinct in Pembroke,'^ 

Sec. 1. JjE zf enacted by the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
isecond precinct in Pembroke, in the county of Ply- 
mouth, be, and they hereby are authorized, at any le- 
gal meeting, by them called for that purpose, to choose 
-by ballot, two or more Trustees, in addition to the num- 
ber now appointed, under an act, entitled ^^ An act for 
incorporating certain persons therein named, by the 
name of The Trustees of the Church and Congrega- 
tion of the second precinct in Pembroke ;" provided, 
the whole number of Trustees shall not exceed 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 pre- 
sent Board ; and all future compensation of said Board 
ef Trustees for services; shall be paid by the precinct, 



PROBATE BONDS. Dec. 13, 1816. 31^ 

and shall not be taken from the fund, or its proceeds 
in their hands. 

Sec. 3. Be it further enacted, That all future vacan- 
cies in said Board, shall be filled by said precinct, at 
any legal meeting of the same ; and a majority of the . . 
whole Board shall constitute a quorum for the transac- up. 
lion of business ; and so much of the act aforesaid, to 
which this is in addition, as is inconsistent with the 
provisions of this act, shall be, and the same is hereby 
repealed. 

[Approved by the Governor, December 13, 1816.] 



CHAP. XCIV. 

An Act in addition to the several acts concerning Pro- 
bate Bonds. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled^ and by 
the authority of the same, That the condition of the 
bond now by law required to be given by Administra- 
tors, before taking upon themselves that trust, shall inventwiej, 
be so far altered as to require Administrators (and Ex- 
ecutors, in cases where by law they are now required 
to give bonds similar to those given by Administrators) 
to make a true and perfect inventory of all and singu- 
lar the real estate, goods and chattels of the deceased 
intestate or testator : Provided, however, that all bonds Pr/jyiso. 
which shall be given by Executors or Administrators, 
in the form heretofore provided, until the first day of 
June next, shall be, and hereby are declared to be good 
and valid, any thing herein contained to the contrary 
notwithstanding. 

Sec. 2. Be it further enacted, That in cases where 
any Administrator shall have received the personal penalties. 
property of an intestate, and shall not have exhibited 
upon oath a particular inventory thereof, execution 
shall be awarded against him for such a part of the 
penalty of his administration bond as the Supreme 
Court of Probate shall, on a full consideration of all 
the circumstances of the oase, judge reasonable | any 



250 ALLOWANCES TO WIDOWS. Dec. 13, 1816. 



thing in the second section of an act, entitled " An act 
for regulating proceedings on Probate Bonds, and di- 
recting their form in the Supreme Court of Probate," 
to the contrary notwithstanding. 

Sec. 3. Be it further enacted, That whenever the 
sureties in any Probate Bond, given by Executors, Ad- 
ministrators or Gruardians, or by Trustees appointed 
in and by any last will, or by Trustees appointed by 
a Judge of Probate, shall be evidently insufficient for 
the purpose of such bond, the Judge of Probate, on the 
petition of any person interested, and after giving no- 
tice to the principal and sureties in such bond, shall 
have authority to require, from time to time, new bonds, 



Sureties. 



Proviso. 



with sufficient surety or sureties in the case ; and if 
such Executors, Administrators, Guardians or Trus- 
tees, shall not, within a reasonable time, give such 
new bonds, they shall be removed from office, and oth- 
ers appointed in their stead : Provided always, that 
the original bonds of such Executors, Administrators, 
Guardians and Trustees, shall, notwithstsnding such 
removal from office, remain in force for all the purpo* 
ses for which they were originally given. 

[.\pproved by the Governor, December 13, 1816.] 



CHAP. XCV. 



An Act authorizing Judges of Probate to make allow- 
ances to Widows of persons deceased, whose estates 
are insolvent. 

Sec. 1. jjE if enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That in the settlement of the 
estates of persons deceased, insolvent, whether the de- 
Allowance to ccased pcrsou died testate or intestate, the widow shall 
be entitled to her apparel, and such other and so mucli 
of the personal estate as the Judge of Probate shall de- 
termine necessary, according to her quality and de- 
gree ; and such part of tlie personal estate as the Judge 
may allow the widow, shall not be assets in the hands 
of the Executor or Administrator; and in cases 



UNIVERSALISTS IN BOSTON. Dec, 13, 1816. 351 

where such allowances shall have been made from in- 
testate estates, represented to be insolvent, which ulti- 
mately appear to be solvent, the Judges of Probate be, 
and hereby are respectively authorized, by a subse- 
quent decree, to make such further allowances to the 
widoW; from the personal estate of her husband, hav- 
ing regard to what shall have been allowed, as afore- 
said, as is provided in and by an act, entitled " An act 
regulating the descent and distiibution of intestate es- 
tates." 

Sec S. Be it further enacted, That all allowances 
heretofore made by Judges of Probate from the per- ah .wances 
sonal estates of insolvent persons to their widows, [,g^*^'^"'"'^^^ • 
and hereby are confirmed ; saving aud excepting, how- 
ever, cases in which any order or decree of a Juds^e 
of Probate, making such allowance, has been revoked 
or annulled in the Supreme Court of Probate. 

[Approved by the Gfovernor, December 13, 1816.] 



CHAP. XCVI. 

An Act to incorporate the second Society of Univer- 
salists in Boston. 

Sec= 1. JjE it enacted by the Senate and House of 
jRepresentatives in General Court assembled^ and by ' 
the authority of the same. That Richard Faxon, John 
Brazer, Edmund Wright, Benjamin Russell, Thomas pgj.go„g j,,,.^^.^ 
Wiley, Daniel C. Robinson, Martin Hersey, Nathaniel i>onued. 
Hammond, Addison Bacon, William Barry, Levi Mel- 
cher, Elijah Loring, Caleb Wright, Pelatiah Rea, 
Daniel E. Powers, Joseph Badger, Samuel Hastings, 
Winslow Wright, Daniel Johnson, John Trull, and 
John Blunt, jun. and all others who may associate with 
them, be, and they hereby are incorporated as a Reli- 
gious Society, by the name of The Second Society of 
Universalists in the town of Boston, with all the privi- 
leges, powers and immunities, to which other religious 
societies in this Commonwealth are entitled by law. 

Sec. 2. Be it further enacted, That the said Society 
shall be capable in law to purchase^ hold antj dispose 



35» MECHANICS' BANK. Dec. 13, 1816. 

of any estate, real or personal, for the use of said So- 
Ptotiso. ciety ; provided, the annual income thereof shall not 
exceed at any time the value of three thousand dollars. 
Sec. 3. Be it further enacted^ That the Committee 
of the said Society, chosen at any legal meeting there- 
Assessments, of, shall be authorized to raise, by assessment on each 
Member of said Society, such sum or sums of money 
as may be by them considered a proportionate part of 
the expenses of settling and maintaining such Minister 
or Ministers of the Grospel, as the Society may call and 
elect, and the contingent expenses of the Society ; and 
generally to do and transact all business for the said 
Society as they may think fit and proper. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace for the county of Suffolk, be, and he hereby 
Meeting for is authorized to issuc his warrant to some Member of 
fc^oice of o -gg^jj Society, requiring him to warn the members there, 
of to meet at such convenient time and place, in said 
town of Boston, as shall be therein directed, to choose 
a Moderator, a Clerk, a Treasurer and such other offi- 
cers, Committee or Committees, as they shall think 
needful. And the Moderator, so chosen, and Moder- 
ators, chosen at any future meetings of the said Society, 
shall have authority 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 So- 
ciety 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, 

[Approved by the Governor, December 13, 1816.] 



CHAP. XCVII. 

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

Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and bij 
the authority of the same, That from and after the pas- 



PITTSFIELD— PENOBSCOT. Bee. 13, 1816. 85^ 

sing of this act, the number of Directors in the Me- 
chanics' 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 contrary notwithstanding. 

[Approved by the Governor, December 13, 1816.] 



CHAP. XCVIII. 

An Act to prevent the destruction of Fish in the town 
of Pittsfield. 

JjE it enacted by the Senate and House 
ef Representatives^ in General Court assembled, and 
by the authority of the same, That, from andafter the 
passing of this act, whosoever shall kill, take or catch 
any Pickerell or Trout in any pond, river or stream 
within the town of Pittsfield, other than by or with a 
hook, or hooks and line, shall forfeit and pay the sum Penai'y. 
of five dollars for each and every Pickerell or Trout 
so taken, to be recovered by any person who may sue 
for the same, to his own use, before any Justice of the 
Peace within the same county. 

[Approved by the Governor, December 13, 1816.] 



CHAP. XCIX. 

An Act in addition to an act, entitled " An act for the 
preservation of Fish in Penobscot River and Bay, 
and the several streams emptying into the same.'' 

Sec. 1. JjB 2* enacted by the Senate and House 
of Representatives in General Court assembled, and 
hy the authority of the same, That all wears in the Wears vemoy- 
Penobscot River orBay? or in the streams emptying into""^ 
same, shall be, by the person or persons interested 
therein, entirely removed therefrom or demolished, on 
or before the fifth day of July annually ; and in case 
the said person or persons, so iotere|ited in said v/ears., 
4*5 



354; FISH IN PENOBSCOT RIV. Bee, 13, 1816. 

sliall fail so to remove or demolish the same within the 
time prescribed, he, she or they sliall forfeit and pay 
the sum of fifty dollars, recoverable by indictment be- 
fore the Circuit Court of Common Pleas, sitting in the 
county where the offence occurs; the whole to be 
Poweisofwar-to the use of the same county : Provided moreover, it 
'''*■ shall and may be lawful for any Fish Warden, and he 

is hereby authorized to remove or demolish any wear 
aforesaid, which shall remain after said fifth day of Ju- 
ly annually. 

Sec 2. Be it further enacted, That the Circuit 
Court of Common Pleas for the third Eastern Circuit, 
whenever sitting either in the county of Hancock or 
Penobscot, is hereby authorized and directed annually 
to appoint a suitable number of Fish Wardens, not 
exceeding ten, for the unincorporated places of the 
county contiguous to said river, and the streams empty- 
ing thereinto, and to assign to each of them their re- 
Duties oi War. spective wards or districts ; and the said Fish War- 
'^^"' dens, so appointed by said Court, after being duly 

sworn to the faithful discharge of tlieir trust, are to 
perform the same duties, to have the same powers, and 
to be subject to the same penalties, as other Fish War- 
dens are in the act to which this is in addition : and 
the said Court is further authorized to allow such Fish 
Warden, so appointed, to be paid out of the County 
Treasury of his County, one dollar for each and every 
day he shall be actually employed in the performance 
of his duties as a Fish Warden : Provided he render 
his account for services in writing, and on oath, before 
any allowance be made to him. 

Sec. 3. Be it further enacted, That in case any 
wear be erected or continued in said river or bay, or 
any of the streams emptying into the same, without 
the license of the Selectmen of the town contiguous to 
the place where the erection or continuation of such 
wear is comtemplated, every person who shall be in- 
terested or concerned in the erection of such wear shall 
renaitios. forfeit and pay one hundred dollars, to the use of the 
county in wliich the offence occurs, recoverable by in- 
dictment in any Court proper to try the same within 
the same county. 

[Approved by the Governor, December 13, 1816.] 



SOCIETY IN SOUTHBRIDGE. Bee, 13, 1816. ^55^ 



CHAP. C. 

An Act to incorporate the Congregational Society in 
the town of >Soutlibridge. 

Se^;. 1. JjE it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy 
the authority of the same, That Daniel Morse, Joshua 
Harding, Samuel Newell, Oliver Plimpton, Jason 
Morse, Freeman Pratt, Frederick William Bottom, Persons inooN 
Fletcher Foster, Abel Mason, jun. Timothy Paige, ^°''''''' 
George Sumner, Oliver Mason, jun. James Wheelock, 
Ralph Harding, Elbridge G. Harding, Salem Marsh, 
Calvin Ammidown, Joseph Clark, Abel Mason, Ralph 
Wheelock, Waterman Potter, Plin;v Arnold, Ebenezer 
D. Ammidown, Asahel Prouty, Oliver Mason, Smith 
Foster, Duty Marsh, jun. Moses Mason, Henry Hook- 
er, Abijah Richardson, Parker Morse, John Rider, 
Munsou Morse, Enoch Bacon, Steplien H. Easta- 
brook, Corban Lyon, John Newhall, Jonathan Green, 
George Gleason, Nathaniel Marsh, David Atherton, 
Smith Ellis, Denison Wheelock, Duty Marsh, John 
Marsh, Alpheus Foster, Joseph Eaton, Moses Whee- 
lock, Aaron Putnam, John Marsh, jun. Joel Walker, 
Dresser Bacon, Benjamin Walker, Hinsdale Foster, 
Davis Wheelock, Calvin Wheelock, Luther Wheelock, 
Chauncy Plimpton, Samuel Austin Groves, Samuel 
Lewis Newell, Bela Carpenter, with their families anil 
estates, together with such others as may hereafter as- 
sociate with them and their successors, be, and tliey 
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 religious societies enjoy, according to the laws 
and constitution of this Commonwealth. 

Sec. S. Be it further enacted, That any person who 
may, at any time hereafter, actually become a Member Membciiiui . 
of, and unite in religious worship with said Congrega- 
tional 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 ov 



356 SOCIETY IN SOUTHBMDGE. Dec, 13, 1816. 

Clerk of said Society, that he or she hath actually be- 
come a Member of, and united in religious worship 
with said Congregational Society, fourteen days pre- 
vious to the parish meeting therein, to be held in the 
month of March or April annually, shall, from and af- 
ter giving such certificate, with his or her polls and 
estate, be considered as a Member of said Society : 

pioviso. JProvided however^ that such person shall be held to 
pay his or her proportion of all monies assessed or vo- 
ted in the parish to which he or she belonged previous 
to that time. 

Sec. 3. Be it further enacted, That when any 
Member of said Society shall see cause to leave the 

s.ecessioB, same and unite in religious worship with any other re- 
ligious Society in tlie town or parish 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 uni- 
ted in religious worship 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 monies voted in said Society 
to be raised previous thereto, shall, from and after 
giving in such certificate, with his or her polls and 
estate, be considered as a Member of the Society 
with which he or she may so unite. 

Sec. 4'. Be it farther enacted, That any Justice of 
the Peace in the town of Southbridge, be, and he here- 
by is authorized and empowered to issue his warrant, 

Mcoting to directed to some suitable Member of said Society, re- 

choosc o'^'^^'^quiiing liini 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 trans- 
act all othev matters and things necessary to be done 
in said Society. 

[Approved by the Governor, December 13, 1816.] 



LOCK AND SLUICE COM. Dec. 13, 1816. 357- 



CHAP. CI. 

An Act to incorporate the Eastern River Lock and 
Sluice Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assembled^ and by 
the authority of the same^ That John N. Swazey, Jo- Persons incoiv 
^eph R. Folsom, and Joseph Lee, together with such^*''*'^^ ' 
other persons as may be associated Avith them, and 
their successors, shall be a Corporation, by the name 
of The Eastern River Lock and Sluice Company ; and 
by that name may sue and be sued, defend and be de- 
fended, prosecute and be prosecuted ; shall have a com- 
mon seal, which they may alter at pleasure, and shall 
enjoy all the privileges and powers, and do and suffer 
all such matters and things as are incident to similar 
incorporations. 

Sec. S. Be it further enacted, That said Corpora- 
tion be, and hereby are empowered, within the term of 
five years from the passing of this act, to make a Sluice Locks and suiu, 
and Lock or Locks, from the outlet of Eastern River "'" ^° '^'^ •"^'^^• 
Great Pond, so called, to the waters below the falls, 
at the head of the tide in the town of Orland, in the 
most suitable and convenient place for making the 
same ; and to erect such dam or dams, as may be ne- 
cessary for the safety and convenience thereof : Provi- 
ded that nothing in this act shall interfere with the 
provisions of alaw, passed on the twenty-second of Feb- 
ruary, one thousand eight hundred and fourteen, enti- 
tied '• An act for the preservation of Fish in Penobscot 
River and Bay, and the several streams emptying into 
the same ;" or any subsequent law enacted^ or which 
may be enacted for that purpose. 

Sec. 3. Be it further enacted. That if any person or 
persons shall suffer any damage by means of said Lock 
or Sluice, and the parties cannot agree upon the amount 
of damages thus occasioned, nor upon some suitable per- D*raaj;e9.- 
son or persons to estimate the same, then in such case 
a disinterested Committee of three freeholders shall 
be appointed by the Circuit Court of Common Plaag 



858 LOCK AND SLUICE COM. Bee. 13, 1816. 

for the third Eastern Circuit, when holden in and for 
the county of Hancock, to ascertain the damages ; and 
the determination of the Committee, so appointed, shall 
Pwyiso. l>e the measure of damages : Provided however, that if 
either party shall be dissatisfied with the report of said 
Committee, and shall, at the same session of the Court 
aforesaid, at which said report shall he made, apply 
to said Court for a trial by Jury, in the manner other 
like causes are determined, the Court aforesaid shall 
have power to determine the same by a Jury as afore- 
said ; and if the verdict of the Jury shall not give the 
party applying, a greater sum in damages, than the 
said Committee shall have awarded as aforesaid, the 
said Court shall award costs against the applicants ; 
bat if said decision shall be more favorable to the par- 
ty applying, than the report of said Committee, the said 
C(»urt shall render judgment accordingly, and issue 
execution in either case. 

Sec. 4. Be it further enacted, That if any person 
or persons shall wilfully or mischievously, in any man- 
WaiifoH inju- ner, injure or destroy said Locks or Sluice, or any otli- 
^^" er works connected with them, or parts thereof, or di- 

vert or obstruct the waters, to the damage of the pro- 
prietors thereof, he, she or they shall pay treble the 
value of such damage, as said proprietors shall, before 
the Court and Jury, before whom trial shall be had, 
make to appear said proprietors have sustained, by 
means of said trespass ; to be sued for and recovered, 
in any Court proper to try the same. 

Sec. 5. Be it further enacted, That a toll be, and 
is hereby granted and established, for the benefit of said 
proprietors, their successors and assigns, according to 
ftaic of toll, the rates following, viz. : For each thousand feet of 
boards, plank and scantling, board measure, twenty 
cents ; for each cord of wood .and bark, twenty cents ; 
for each ton of timber, ten cents ; for each thousand of 
staves, twenty cents ; for each thousand of clapboards, 
ten cents ; for each thousand of shingles, three cents ; 
for each hundred of posts and rails, fifteen cents : And 
as soon as the said Locks and Sluice shall be com- 
pleted, the said Corporation shall have power to lay 
and collect the tolls aforesaid, on all the several arti- 
eles as they pass the same. 



MIN. FUND IN BERWICK. Dec. 13, 1816. 35» 

Sec. 6. Be it further enacted^ That the persons 
named in this act or any two of them, shall have pow- 
er to call the first meeting of said Corporation, giving First Meeting. 
each proprietor personal notice of the time and place 
of such meeiing, seven days at least before the time 
appointed for said meeting ; and said proprietors, 
when met as aforesaid, may agree upon the method of 
calling future meetings, elect officers, and do and trans- 
act such other things as they may deem necessary. 

Sec. 7. Be it further enacted, That if the said Cor- 
poration shall not, within the said term of five years, 
erect and complete the said Locks and Sluice as afore- conditions. 
said, then this act shall be void ; and if the said Cor- 
poration at any future time after the said Locks and 
Sluice are completed, shall neglect to keep the same 
in suitable repair, for the space of one year, at any 
one time, then this act shall likewise become void and 
of no effect. 

[Approved by the Governor, December 13, 1816.] 



CHAP. cn. 

An Act to incorporate the Trustees of the Ministerial 
Fund in the north parish in Berwick. 

Sec. 1. JjE zf enacted by the Senate and House of 
Bejiresentatives in General Court assembled, and by 
the authority of the same, That Joseph Fogg, Sara- Persons incort 
uel Groodwin, Elijah Hays, Reuben Hays, Mark Lib- p"™'*''- 
bey, Samuel Lord, Joseph Prime, John Staples, and 
Samuel Wentworth, be, and they are hereby appointed 
Agents and Trustees to sell the lands appropriated for 
the use of the Ministry in the north parish, in the town 
of Berwick, in the county of York ; and the monies 
arising from the sale of said lands to put out at inter- 
est in the manner hereinafter directed ; and the said 
Trustees are herel)y made a body politic and corporate, 
by the name of The Trustees of the Ministerial Funds 
in the north parish in Berwick ; and they and their 
successors in that ofSce, shall have and use a common 
seal, and, by the name aforesaid, may sue and be sued 



g66 MIN. FUND IN BERWICK, Dec. 13, 1816. 

in all actions real, personal and mixed, and prosecute 
and defend the same to final judgment and execution, 
and shall exercise all other powers and privileges in- 
cident to similar Corporations. 

Sec. 3. Be it further enacted, That the said Tru^- 
Annuai dec- tccs, and their successors in office, shall annually elect 
tion ot officer?, a President, and a Clerk who shall be sworn faithful- 
ly to record the doings of the said Trustees, and a 
Treasurer to receive and apply the monies belonging 
to the said Funds, as is directed in this act ; and also 
any other needful officers or agents, for the better man- 
aging their business ; and all such elections shall be 
by written votes. 

Sec. 3. Be it further enacted. That the number of 
the said Trustees shall never exceed nine nor be less 
Number an<i than six, any five of Avhom may be a quorum for doing 
1*°^^""°^ ''''^'business ; and they shall have power, from time to 
time, to fill up vacancies in their number, happening 
by death, resignation or otherwise ; and they shall al- 
so have power to remove any one of their number, who 
by reason of age, infirmity, misconduct, or any other 
cause, may become unable or unfit to discharge his 
duty ; and to supply any vacancy, so occasioned, by a 
new choice from the inhabitants of said parish ; and 
the said Trustees, and each of them, shall be responsi- 
ble to the said north parish in Berwick, for their per- 
sonal misconduct or neglect, whether they be officers 
or not, and liable to prosecution for any loss or dam- 
age to the said Funds arising thereby ; and the debt or 
damage, recovered in such suit, shall be considered as 
belonging to said Funds, and applied accordingly ; and 
the said Trustees shall hold a meeting annually in 
March, and as often as the affairs of the said Fund 
may require ; which meetings shall be notified and 
called in such way and manner as the said Trustees 
at any meeting may order and direct ;* and the Trea- 
surer of the said Funds shall give bonds to the accep- 
TrcaBurerfo taucc of tlic said Trustccs, for the faithful perform- 
give on s. ^^f.Q Qf jjjg duty, and be at all times responsible for 
the faithful application and expenditure of monies 
"which may come into his hands, conformable to the 
true intent and meaning of this act, and for all negli- 
gence or misconduct of any kind, in his said officei 



MIN. FUND IN BERWICK. Dec. 18, 1816. 351 

Sec. 4. Be it further enacted, That the said Trus- 
tees be, and they are hereby authorized to sell and Powers oftms- 
convey all the lands appropriated for the use of the*^"^'* 
Ministry in the said north parish, and to make, ex- 
ecute, acknowledge and deliver good and sufficient 
deeds thereof; which deed or deeds, subscribed by the 
Treasurer, and countersigned by tlie Clerk, with the 
seal affixed, shall be good and effectual in law to con- 
vey the fee simple from said parish to the purchasers, 
and all the monies arising from the Ministerial lands 
in said north parish shall be put to use, as soon as 
may be, and secured by mortgage on real estate to the 
full value of the property sold, or money loaned, or by 
two or more sureties with the principal, unless the said 
Trustees shall think it more expedient to invest the 
same in public funded securities or bank stock, at their 
discretion. 

Sec. 5. Be it further enacted^ That it shall be the 
duty of the said Trustees to keep distinct accounts of Recoi*. 
the monies accruing from the sale of the said parish 
Ministerial lands, and of the interest arising therefrom 
respectively ; which accounts, they and their succes- 
sors in office shall exhibit to the said parish, at their 
annual meeting for the choice of parish officers ; and 
the said Trustees and otliers, who may by them be em- 
ployed in the business of the said Funds, shall receive 
no compensation from tlie monies of the said Funds, 
but a reasonable compensation may be made to them, 
and the Treasurer, or other officers or agents, by the Componsatioa 
parish, at their discretion ; and the interest accruing on ° ° 
the monies arising from the sale of tlie said Ministerial 
lands, shall be appropriated and uniformly applied for 
the support of the Gospel Ministry in the said north 
parish in Berwick ; and it shall never be in the power 
of the said parish to alienate or alter the appropriation 
of the said Funds provided in this act. 

Sec. 6. Be it further enacted, That any Justice of 
the Peace for the county of York, upon application 
therefor, is hereby authorized to issue a warrant, di- 
rected to one of the Trustees before- named, requiring 
liim to notify and call the first meeting of the said Trus-Kist meeting. 
tees, at sucli convenient time and place as shall be ap- 

46 



862 MARKET IN SALEM. Dec. 13, 1816. 

pointed in the said warrant, to organize the said Cor- 
poration by the election and appointment of its oiBcers. 

[Approved by the Governor, December 13, 1816.] 



CHAP. cm. 

An Act for the more effectual regulation of the Market 
in the town of Salem, and for other purposes. 

Sec. 1. JdE it enacted hy the Senate and House of 
Mepresentatives in General Court assembled, and by 
the authority of the same, That the Selectmen of the 
town of Salem, for the time being, be, and hereby are 

Buieskordtis authorized to make any rules and orders, not repug- 
nant to the constitution or laws of this Commonwealth, 
for the due regulation and government of the Market- 
house of said town, and of the Market-carts, waggons, 
sleds, sleighs, iind other vehicles or carriages, used for 
marketing in said town, and of the marketmen who 
frequent said town for the purpose of buying and sell- 
ing provisions and other commodities 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 
other commodities for sale in open market, shall stand, 
for the purpose of such sale ; which rules and orders, 
when approved by the inhabitants of said town, in le- 
gal town-meeting assembled, shall be and become by- 
laws of said town, and shall be binding upon all per- 
sons whomsoever. And such rules and orders, whei^ 
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 afore- 
said, offend agamstany of such rules or orders, he, she 

ivnaitics, or they shall, for each offence, forfeit and pay a sum not 
exceeding 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 Inspec- 
tor or luspecfcars of the Polic«i of said town, before any 



LANDS IN CORNVILLE. 



Dec, i% 1816. 



nm 



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 amon^ such poor, 



according 



to the 



discretion of the said Overseers. 

Sec. S. Be it further enacted, That in every such 
complaint under this act, as well as in all other com- 
plaints for breaches of any of the by-laws of said town, 
it shall be sufficient summarily to state the off'ence, 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. 

Sec 3. Be it further enacted. That until such rules 
and orders shall be made by the Selectmen of said 
town, and approved 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 
>vithin the purview thereof. And for breaches of the 
same by-laws, the same remedies may be had and pur- 
sued, 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 herein provided. 

[Approved by the Governor, December 13, 1816.] 



Avernaeht on 
compl«int3. 



Resinlations, 



CHAP. CIY. 



An Act to authorize the sale of the Ministerial and 
School Lands, in the town of Cornville. 

Sec. 1. JdE zi enacted by the Senate and House 
$f Revresentatives in General Court assemhled, and 
by the authority of the same. That Joshua Woodman, 
Henry Morrell, James Folsom, Jonathan Collins, 
Chandler Dow, Joseph Parsons, and Thomas Elan- 
ders, be, and they hereby are appointed as Trustees to 
sell all the Ministerial and School lands in the town of 
Cornville in the county of Somerset, except the lands 
reserved for the first settled Minister in said tQwo ; and 



Tru3te^«, 



361 



LANDS IN CORNYILLE, 



Dec. 14, 4816. 



the monies arising from the sale of said lands, to put 
out at interest, in the manner hereinafter directed ; and 

Body Foiuie. \\^q gaid Trustces are here made a body politic and 
corporate, by the name of Tlie Trustees of the Minis- 
terial and Scliool Funds in the town of Cornville ; and 
they and their successors in that office shall have and 
use a common seal, and, by the name aforesaid, may 
sue and be sued, in all actions real, personal and mix- 
ed, and prosecute and defend the same to final judg- 

Feneii. ment and execution ; and shall exercise all other pow- 
ers antl privileges, incident to similar Corporations. 

Sec. 2. Be it further enacted, That the said Trus- 
tees and their successors in office shall annually elect 

Officers. a President, and a Clerk to record the doings of said 
Trustees, and a Treasurer to receive and apply the 
monies belonging to the said Funds, as is directed in 
this act, also any other needful officers or agents for the 
better managing their business. And all such elections 

Rctords. shall be by written votes, and tlie inhabitants of said 
Cornville, who are qualified to vote in town affairs, at 
their annual town-meetings for the choice of town offi- 
cers, shall have the privilege to elect four persons, a^ 
associates with the before-named Trustees ; and after 
the said Corporation shall be duly organized according 
to the provisions of this act, one of the said four as- 
sociates, chosen as aforesaid, shall annually retire by 
lot, and the vacancy, so made, shall be suppied by a 
new election, so that one new Member of the said Cor- 
poration may be elected anually forever. 

Sec. 3. Be it further enacted, That the number of 
said Trustees shall never exceed eleven, nor be less 
than seven, any six of whom may be a quorum for do- 
ing business ; and they shall huve power, from time to 
time, to fill up vacancies in their number, happening by 
death, resignation or otherwise ; and they sliall also 
have power to remove any one of their number, who, 
by reason of age, infirmity, misconduct, or any other 
cause, may become unable or unfit to discharge his du- 
ty, and to supply any vacancy, so occasioned, by a new 
choice from the inhabitants of said town ; and each of 

BcspoBbibiiity, the said Trustees shall be responsible to the said town 
of Cornville for their personal misconduct or neglect, 
whether they be officers or not, and liable to prosecu- 



Annaal Elec- 
tion. 



Number of 

trustees. 



Hemoval from 
ofiice. 



LANDS IN CORNVILLE. Dec. i% 1816. 365 

lion for any loss or damage to the said Fund, arising 
thereby ; and the debt or damage, recovered in such 
suit, shall be considered as belonging to said Funds, 
and applied accordingly ; and the said Trustees shall 
hold a meeting annually in March, and as often as the Annual meet- 
affairs of the said Funds may require, which meeting '"'^^' 
shall be notified and called in such way and manner 
as the said Trustees, at any meeting, may order and 
direct ; and the Treasurer of said Fund shall give bond 
to the acceptance of the said Trustees for the faithful 
performance of his duty ; and the Clerk shall be sworn 
to the faithful discharge of his trust. 

Sec. 4. Be it further enacted, That the said Trus- Trustees may 
tees are hereby authorized to sell and convey all the,^"js"'**'''^^'^''' 
Ministerial and School lands in the said town of Corn- 
ville, which were reserved in its grant and location, 
excepting the lot usually reserved for the first settled 
Minister as aforesaid, and to make, execute, acknow- 
ledge and deliver good and sufficient deeds thereof ; 
which deed or deeds, subscribed by the Treasurer and 
countersigned by the Clerk, with the seal of said Trus- 
tees affixed, shall be good and effectual in law to con- 
vey the fee simple from said town to the purchaser ; and 
all the monies arising from the Ministerial and School 
lands in the said town of Cornville, shall be put to use, 
as soon as may be, and secured by mortgage on real 
estate to the full value of the property sold, or money 
loaned, by two or more sureties with the principal ; 
unless the said Trustees shall think it more expedient 
to invest the same in public funded securities, or bank 
stock, which they may do at their discretion. 

Sec. 5. Be it further enacted, That it shall be the 
duty of the said Trustees to keep distinct accounts of Sepm-ateac- 
the monies accruing from the sale of the said School '^*^^^" ** 
lands, from those of the Ministerial lands, and of the in- 
terest arising therefrom, respectively ; which accounts 
they and their successors in office, shall exhibit to the 
town at their annual meeting for the choice of town of- 
ficers ; and the said Trustees and others, who may by 
them be employed in the business of the said Funds, 
shall receive no compensation from the monies of the 
said Funds, but a reasonable compensation may be Compensation 
made to them ; and the Treasurer, or other officers or"^"^*^^"^^ 



866 W. CAMBRIDGE BAP. SOC'Y. JJec. 14, 1S16. 

agents, by the town, at their discretion ; and the inter- 
est accruing on the monies coming from the sale of the 

Appropriation gaid Ministerial lands shall be appropriated and uni- 
formly applied for the support of tlie Gospel Ministry 
in the town of Cornville. And the interest accruing 
on the monies coming from the sale of the said School 
lands, shall be appropriated and uniformly applied for 
the support of instruction in the public free Schools in 
the said town of Cornville ; and it never shall be in the 
power of the said town to alienate or alter the appro- 
priation of the said Funds, provided in this act. 

Sec. 6. Be it further enacted. That any Justice of 
the Peace for the county of Somerset, upon application 
therefor^ is hereby authorized to issue a warrant, direct- 
ed to one the Trustees before-named, requiring him to 

Fii-gt Meeting, notify and call the first meeting of the said Trustees, 
at such convenient time and place, as shall be appointed 
in the said warrant, to organize the said Corporation, 
by the election and appointment of its officers. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CV. 

An Act to incorporate the West-Cambridge Baptist 

Society, 

Sec. 1. jjE 2^ enacted by the Senate and House of 
Mepresentatives in General Court assemlled, and by 
the authority of the same, That James Frost, Benja- 
min Locke, Nathaniel Goddard, Isaac Cutter, Ger- 
shom Swan, Philemon R. Russell, Aaron Cutter, Sam- 
uel Jones, Timothy Swan, Samuel Cutter, Tsaiah Jen- 
PersoDK iacor- kjng^ William Locke, James Locke, William Locke, 
porate . ^^^ Elkauau 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 Religious 
Society, by the name of The West- Cambridge Baptist 
Po^^■ers. Society, with all the powers, rights, privileges and im- 
munities, and subject to all the duties to which other 



W. CAMBRIDGE BAP. SOC'Y. Dec. i% 1816. 367 

Heligious Societies within this Commonwealth are by 
law and the constitution respectively subject and 
entitled. 

Sec. 3. Be it further enacted, That said Society, so 
incorporated, shall have power to receive, by donation 
or otherwise, and to purchase, hold and enjoy such re- ^^=»y hold real 
al and personal estate, as they may deem necessary for 
the due support of relisjious worship in said Society ; 
provided the same hhall not exceed in value the sum of 
thirty thousand dollars. 

Sec. 3. Be H further evacted, That James Frost of 
Cambridge, BenjaminLocke, of West- Cambridge, and 
Philemon R. Russell of Charlestown, be, and they 
hereby are appointed Trustees, to receive and manage 
any donations, legacies or devises, for the use and bene- 
fit of the said Society ; and the said Trustees, or any 
two of them are authorized to appoint a Treasurer ; Trustees to ap, 
and the said Trustees and said Treasurer shall giveccrs!^^^^'^^ 
bond to the said Society, to be approved by said Socie- 
ty at a legal meeting thereof, for the faithful execution 
of their trust ; and the said Trustees and Treasurer 
shall be accountable to said Society ; and shall, as of- 
ten at least as once in every year, pay over to the Trea- 
surer of said Society, when required by their vote, 
the interest or proceeds of any estate or funds held by 
them for the use and benefit of said Society : Provided Frovisg. 
however , that if any donation, legacy or devise shall be 
expressly limited by the donor or testator thereof, ta 
Trustees by him or her particularly named, the same 
shall enure to the use and benefit of said Society, ia 
such manner and under such limitations as shall be 
consistent with the intention of such donor or testator. 
Sec. 4^. Be it further enacted. That whenever any 
vacancy shall happen in the Board of Trustees above- 
named, by death, resignation or otherwise, the same 
shall be forthwith filled ])y the said Society by ballot, Vacancies fii- 
at a meeting, to be calledforthat purpose, by any Jus-''^*^°p* 
tice of the Peace agreeably to the provisions of this 
act, or the by-laws of the said Society. 

Sec. 5. Be it further enacted, That Thomas Clark, 
Esq. of Watertown shall have power to appoint and 
notify the first meeting of said Society, for the purpose Fh^tmeetiH. 
of organizing the same, by the choice of a, Clerk and 



86S ST. ANDREWS LANDS. Dec, 14, 1816. 

other proper ofticers, and of cstablisliiug such by-laAvs 
as may be necessary for the future convenient managa- 
nieut of tlie concerns of the said Corporation. 

Sec. 6. Tic it further enacted^ That it shall be the 
duty of the Clerk of the said Society, on his being elected 
to that office, to take an oath before some Justice of 
the Peace for the faithful discharge of the duties of his 
office, and to notify the Members of said Society to 
Amsuai meet- nicct annually in tlie montlis of March or April, to 
elect proper officers, and to transact the business of th« 
Society ; and all other meetings which shall be neces- 
sary according to the provisions of this act, by giving 
such notice as shall be directed by the by-laws of said 
Society. 

[Approved by the Governor, December 14> 1816.] 



UIK. 



CHAP. CVI. 

An Act authorizing the Protestant Episcopal parish of 
St. Andrews, in the county of Plymouth, to sell cer, 
tain lands. ^ 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives^ in General Court assembled, and 
by the autlwritu 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 
are hereby authorized to make sale of two pieces of 
Ponertoscii land lying in the town of Scituate, in said county, con- 
taining seven acres and six rods, granted said parish, by 
Addington Davenport, at public auction, at any time and 
place tliey may think proper, giving thirty days pre- 
vious notice of the time and place of said sale, by post- 
ing up. iu some public place in the town of Hanover and 
Scituate, uotitications thereof ; and said Wardens are 
hereby authorized to make and execute good and suffi- 
cient 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. 



Uud 



CON. PARISH IN WOBURN. Dec. i% 1816. «69 

Sec. 2. Be it further enacted, That the money ari- 
sing from the sale of said real estate, when received bj- 
said Wardens, shall be paid over to the Trustees of theAppropmti.n 
fund, for the^upport 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 lands, 
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. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CVII. 

An Act to incorporate the First Congregational Parish 
in Woburn. 

Sec. 1. JjE 2f enacted by the Senate and House 
of Representatives^ in General Court assembled^ and 
by the authority of the same, That all the inhabitants 
of the town of Woburn, with all the lands in said town, 
(except such inhabitants and such lands as do by law PHTiie-es 
belong to some other parish or religious society, or ares*""^'^ 
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 
AVoburn, subject to all the duties, and vested with all 
the rights and privileges, to which parishes are by law 
entitled. 

Sec. 2. Be it further enacted, That the votes and 
proceedings of the said town of W^oburn relative to pa. 
rish business, and the votes and proceedings of a paro- 
chial nature of the said inhabitants, hereby incorpora- coi.finnaUon 
led, 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 parish. 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 proceed- 
ings aforesaid : and successor to said inhabitants here. 
47 



378 PERSONS' NAMES ALTERED. Dec, 11, 1816. 

tofore acting as a parish or society, 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 

Proviso, inhabitants hereby incorporated ; provided, however, 
that nothing in this act shall take from the town of Wo- 
burn aforesaid any rights or property to which they are 
now legally entitled. 

Sec 3. Be it further enacted. That the first meeting 
of the said parish shall be convened by a warrant to be 

First Meeting, issucd by aay 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 pa- 
rish to meet at a suitable time and place, to be appoint- 
ed in said warrant. 

[Approved by the Governor, December 14, 1816.] 

CHAP. CVIII. 

Au Act to change the names of certain persons therein 

mentioned. 

JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That from and after the 
passing of this act, John Platts of Rowley, in the coun- 
NamoB chau- ty of Esscx, shall bc allowed to take the name of Lu- 
^"^^ ther Platts Palmer ; that Zeiubbabel Kemp of Marble- 

head, in the same county, shall be allowed to take the 
name of Henry Kemp ; that TirzahNewcomb of Green- 
field, 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 ihe, name of La Henrj; Thomas Blanchard ; that 
Joseph Cabot of said Boston, shall be allowed to take 
the name of Joseph Sebastian Cabot ; that John Rice 



JURORS OF SUFFOLK. Deci^!, 1816. 371 

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 Plymp- 
ton ; that Nathaniel Emmoas, son of Samuel Emmons 
of said Boston, shall be allowed to take the name of 
Nathaniel Henry Emmons ; that James Moulton of 
AVestborough, in the county of Worcester, shall be al- 
lowed to take the name of Elijah Russell ; and that 
George Lyman, son of Theodore Lyman of said Bos- 
ton, shall be allowed to take the name of George Wil- 
liams 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. 

[Approved by the Governor, December 1^, 1816.] 



CHAP. CIX. 

An Act concerning Jurors in the county of Suffolk. '^^| 

JjE it enaeted hij the Senate and House of 
Representatives in General Court assembled, and hij 
the authority of the same, That from and after the pas- 
sing of this act, the Clerks of the Supreme Judicial 
Court within the county of Suifolk, and for the counties 
of Suffolk and Nantucket, shall not be required to issue writ of Yeniic 
any writ of venire facias, to the respective Constables *^*^'^^- 
in the towns in said county of Suffolk, to summon any 
Traverse J urors to attend at the term of the Supreme 
Judicial Court which is holden annually in the month 
of March, nor at any law term of the said Court withia 
said county of Suffolk, any act or law to the contrary 
notwithstanding: Frovided, however, that the said Su- Tioviie. 
preme Judicial Court may at any time direct the Clerks 
of said Court to issue one or more writs of venire fa- 
cias, to the respective Constables of the towns within 
said county of Suffolk, to summon Traverse or other 
Jurors to attend said Court at any term thereof in said 



373 BANKS— POOR DEBTORS. Dee, i% 1816. 

county of Suifolk, whenever the same shall be deeiped 
expedient by the said Supreme Judicial Court. 

[Approved by the Governor, December 14, 1816.] 



CHAP. ex. 

An Act in addition to an act, entitled ^^ An act to 
enable certain Banks in this Commonwealth to settle 
and close their concerns.'' 

j>E it enacted hy the Senate and House of 
Hejpresentatives in General Court assembled, and hy 
the authority of the same, That all the Banks men- 
tioned in the act entitled '^ An act to enable certain 
Prolongation of Banks in this Commonwealth to settle and close their 
*'"'^* coneerus/' shall be, and they hereby are continued 

bodies corporate, for all the purposes for which the 
said act was passed, for the further terra of three years 
from the passing of this act ; and that the said act be, 
and the same is hereby continued in force until the 
expiration of the said term of three years. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXI. 

An Act in addition to an act, entitled " An act for the 
relief of Poor Debtors." 

x5E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
first day of January next, whenever any person shall 
Writs may be sue out a Writ of executioH, upon a judgment founded 
on a former judgment, which original judgment was 
rendered in a suit founded on contract, the Clerk of 
the Court, or Justice of the Peace, granting such 
writ of execution, shall so vary the form of the exe- 
cution, that the same shall not run against the body 



LICENSED HOUSES. Dec. i% 1816. 873 

of the debtor, and such debtor shall not be 1" ;le to 
be arrested, imprisoned, or committed to ga ., upon 
any such execution, unless the amount of the debt, or 
damage, for which the original judgment was render- 
ed, shall exceed the sum of five dollars. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXII. 

An Act in addition to an act entitled ^^ An act for the 
due regulation of Licensed Houses." 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same, That from and after the first 
day of April, which will be in the year of our Lord 
one thousand eight hundred and seventeen, no person 
shall presume to be a Confectioner within the town of Regulation ^f 
Boston, in the county of Suffolk, except such person be sho^r^°"^ "r-.'.v?ig; 
first duly licensed, according to law, by the Justices of ^i|pll 

the Court of Sessions, of the same county, in Court as- 
sembled, on pain of forfeiting the sura of fifty dollars^ 
And if any person shall at any time presume to be a 
Confectioner within the town of Boston, without li- 
sence therefor, duly had and obtained according to 
law, or if any Confectioner in said town shall pre- 
sume to sell any spirituous liquors, or any mixed 
liquors, part of which is spirituous, or shall suffer any 
person to be drinking spirituous liquors in his or her 
house, store, or other place of business, or if any Con- 
fectioner or Victualler, as herein after described, shall 
keep open his or her house, store or other place of 
business, and entertain any person therein after ten 
of the clock of the evening of any working day, or ou 
any part of the Lord's day or evening, such Confec- 
tioner or Victualler, in anywise so offending, shall, 
on conviction thereof, forfeit and pay for each offence 
a fine of ten dollars, with costs of prosecution. 

Sec. S. Be it further enacted, That it shall be the 
duty of the Selectmen of the town of Boston, to cer? 
tify, from time tt time, to the said Court of Sessions, 



374: 



LICENSED HOUSES. 



Dec. 14, 1816*. 



licenses. 



what number of Victuallers the said Selectmen juci2;e 
necessary in the said town of Boston, for the public 
convenience, who shall not be required to furnish ac- 
commodations for horses or cattle, or lodgings for 
travellers or other persons, and shall make return to 

Vietuaiiers, the said Court of the names and places of business of 
all persons who may be so approved by them as Vic- 
tuallers of the description aforesaid ; and the said 
Court of Sessions may thereupon license such persons 
as Victuallers as aforesaid, in the manner and for the 
term of time as set forth with respect to Innholders 
and other licenced persons in the act to which this is 
in addition. 

Sec. 3. Be it further enacted^ That no person shall 
presume to exercise the trade or business of a Con- 
fectioner, within the said town of Boston, unless he or 
she shall have been jBrst recommended as a suitable 
persou therefor by the Selectmen of the said town of 
Boston to the Court of Sessions, and shall have been 
licensed by the said Court of Sessions therefor,, in like 
manner and for the same term of time as is provided in 
the act to which this is in addition, for Innholders and 
Ketailers. And in all licenses hereafter to be granted 
to any Victualler, Confectioner, Innholder, or Retailer 
of spiritous liquors, within the said town of Boston, the 
street, lane, alley or other place within the said town, 
shall be specified where such licensed person shall car- 
ry on and exercise his or her respective employment, 
and such license shall not protect such person for car- 
rying on and exercising his or her said employment in 
any place which is not therein so specified. And every 
person, so as aforesaid licensed, shall, before he or she 
shall commence or carry on and exercise his or her 

srigns. employment, cause a sign to be fixed upon a conspicu- 

ous place on the front of his or her house, shop, or 
other place of business, with his or her name painted, 
and with the business of Innholder, Retailer, common 
Victualler or Confectioner, for which he or she shall 
have been so licensed, thereon expressed ; and no li- 
ceuse shall protect any person in the exercise of his or 
lier said employment, until he or she shall have com- 
plied with this provision. 

Sec. 4. Be it further enacted, That the Selectmen 



LICENSED HOUSES. Dec. i% 1816. 375 

of the town of Boston be, and hereby are authorized 
and empowered to appoint from time to time so many 
prudent and judicious persons, as Tythingmen of the Tythingmen. 
said town, as in their opinion the public good may re- 
quire, and for sucli term of time as they may think fit, 
and the same to remove from office at their pleasure. 
And the said Tythingmen, so appointed, shall be sworn 
to the faithful discharge of the duties of their said of- 
fice, before they shall enter upon the same ; and it shall 
be the duty of the said Tythingmen, at all times, care- 
fully to inspect all licensed houses, shops or other pla- 
ces within the said town of Boston, and of all oifences 
against this act, and of all disorders or oifences which 
shall at anytime come to their knowledge to have been 
committed therein, duly to inform, so that prosecutions 
may be thereupon duly commenced ; and such Tything- 
men are hereby authorized and empowered to enter in- 
to any licensed house, shop or other place, and into any 
rooms or apartments of the same upon the Lord's day, 
to the end that they may ascertain whether the laws 
regulating the same are duly observed ; and in case 
any person having a license, or any other person under 
him or her, or having charge of such licensed house, 
shop or other place, shall refuse to admit any such 
Ty thingman into the same, or into any rooms or apart- ijnes and fm-- 
ments therein, such licensed person, or other person '^''"^■'^*- 
under him or her, so refusing, shall, upon conviction 
thereof, forfeit and pay a fine of ten dollars, with cost^ 
of prosecution ; and the license of such person shall 
thereupon be forfeited ; nor shall a license to such per- 
son be renewed, except upon the recommendation of the 
Selectmen to the Court of Sessions, who may thereupon 
renew the same if they shall think fit so to do. 

Sec. 5. Be it further enacted, That all fines and 
penalties, which are specified in this act, or forfeitures 
incurred under the same, or under the act to which this 
is in addition, within the town of Boston, shall be pro- 
secuted for and recovered by indictments in the Muni- 
cipal Court for the town of Boston ; and all monies so Appiieatiou ©f 
paid and received, shall be for the use of the county of '"*^ 
Suffolk ; and the Clerk of the said Court, and likewise 
of the Supreme Judicial Court, to which any judgment 
of the said Municipal Court may be carried by appeal. 



m LANDS IN WESTFIELD. Dec, 14, 1816. 

shall certify to the Selectmen of the town of Boston 
within ten days after any conviction shall be had in the 
same against any person for any breach of this act, or 
of the act to which this is in addition, and of final 
judgment rendered thereon, the names and offences of 
all persons so convicted, and in all cases of such con- 
victions as aforesaid, and of judgments rendered there- 
i^orfeitofiicen- on, the persou so convicted shall, in addition to the fine 
**'■ or penalty incurred thereby, likewise forfeit his or her 

said license ; which however may be renewed upon re- 
commendation of the Selectmen, by the Court of Ses- 
sions, in manner as is herein before provided. PrO' 
l*roviso, vided, however, that nothing herein contained shall be 
considered as affecting in any degree the force and va- 
lidity of any existing license, or the right of persons to 
receive and accommodate boarders and lodgers, but the 
law respecting the same is to continue as though this 
act had not passed. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXIII. 

An Act authorizing the sale of certain lands in the town 
of Westfield, and for other purposes. 

Sbc. 1. JjE it enacted by the Senate and House of 
Mepresentafives in General Court assembled^ and by 
the authority of the same^ That William Shepard, Sam- 
Persons incOT- uel Fowlcr, Isaac Welles, Jedediah Taylor, Azariah 
poratea. Moscley, William Moseley, Frederick Fowler, and 
William Atwater, be, and they are hereby incorporated 
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, personal and mixed, and prosecute or de- 
fend the same to final judgment and execution ; and 
they are authorized to receive and hold any funds ac- 
cruing 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 



LANDS IN WESTFIELD. Dec, 14^, 1816. 377 

funds accruing for said purpose in any manner what- 
ever, not exceeding in the whole the amount of ten 
thousand dollars, in trust for the use and benefit of said 
Ministry ; and the interest arising the refromto be for- 
ever appropriated towards the support of a Congrega- 
tional Minister in said town. 

Sec. 2. Be it further enacted, That the Trustees a- 
Ibresaid shall forever hereafter hold a meeting in theA"n"ai meet- 
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, 
jifttten 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, officers to le 
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 tlie person 
so chosen shall give bond, if required, at the discretion 
of the Trustees, for the faithful performance of his du- 
ty ; and the major part of the Trustees present at such 
meeting, are empowered to choose a Clerk annually, to 
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. 

Sec. 3. Be it further enacted. That the said Trus- 
tees be, and they are hereby empowered to sell the tract '^nistees may 
or tracts of land aforesaid, or any part thereof, by pub- ^' 
lie or private sale, the approbation of the town, and 
the consent of the Congregational Minister for the time 
being having been first obtained, and place the proceeds 
of the sales on interest, with good security, for the be? 
nefit of said fund. 

Sec, 4. Be it further enacted, That the Trustees 
aforesaid, and their successors in office, be, and they 
hereby are invested with sufficient power to receive all Donations. 
subscriptions, grants, appropriations and donations, 
wiicther real or personal, that may be hereafter made 
for the purpose of supporting a Congregational Minis- 
ter in said town ; and place all the money in their hands 
as Trustees, on interest with good security at their dis. 
48 



378 FISHERY IN GLOUCESTEll. Dec. i^, 1816. 

cretion ; and apply the whole of tlie interest arising 
from any funds in their hands, or any part thereof, to- 
wards the support of the Con2;regational 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- 
w ise to lesson or make use of any part of the principal 
of said fund. 

Sec. 5. Be it further enacted, That the Trustees 
shall, at any time, when required by said town, make a 
Kq.r.rt^ of pi-o- report in writing of their proceedings, disbursements, 
ccLdings. receipts, and the state of the fund, and lay the same 
before said town, for their inspection ; and said town 
shall have po\ver to remove any Trustee who shall be 
guilty of any breach of trust ; and it shall be the duty 
of the Trustees immediately to elect a new member to 
supply the vacancy. 

Sec. 6. Tie it further enacted, That any Justice of 
1.131 mcctins. the Peace for the county of Hampden, upon applica- 
tion made to him by any Trustee before named, is 
authorized to issue his warrant to any Trustee before 
named, requiring him to notify and warn the first 
meeting of said Trustees. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXIV. 

An Act for regulating the Fishery in the town of 
Gloucester. 

the town of Gloucester, in the 
county of Essex, have purchased of Zaea« 
riah Stevens, Esq. and opened a passage-way through 
his Mill-dam, for the fish called Alcwives, 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 : 

Sec. 1. Be it enacted hj the Senate and House of 
Hepresentatives in General Court assembled^ and by 
the authority of the same, That the taking and dis- 
posing of the fish called Alewives, shall be under the 
care and management of a Committee of said town, to 




FISHERY IN GLOUCESTER. Dec, 14, 1816. 3r9 

consist of five persons, to be chosen at the annual 

town meeting in JVlarch or April, Mho shall be sworn 

to the faithful discharge of their duty, and shall dig- Distribution of 

tribute the fish that may be taken by them, or any per-^^'' 

son or persons under them, as equally as circumstances 

will admit, to such persons as shall apply for the 

same; and for the fish s(3 supplied, the Committee 

aforesaid shall demand a sum not exceeding fifty cents 

for each Imndred of fish, so delivered, and account 

with the Treasurer of said tov/n for the proceeds 

thereof weekly, and settle their final account on or 

before the last day of September annually ; and the 

money arising therefrom shall be paid over to the 

Treasurer 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 allowance, on or before the last day 

of November annually. 

Sec. S. Be it further enacted^ That the said Com- 
mittee, or either of them, shall have full power and 
authority to remove from or out of the rivers, brooks Powei-s of com^ 
or streams, leading to the said Pond, any obstructions™'^**"" 
ti.at may be made to the free passing of said fish into 
the said pond, or repassing from thence into the sea ; 
and the said Committee, or either of them, (or of such 
person or persons as shall be employed by them) go- 
ing on the land of any person or persons for this pur- 
pose shall not be deemed 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 conspicu- 
ous place or places in the said town, on or before the 
first day of May annually : Provided however, that ProvWo. 
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 i^rovided also, that the said Com- 
mittee, or any other person under them, shall not be 
authorized to appoint any suchplace for fishing on the 
lands of John Manning, Esq. without his consent. 

Sec. 3. Be it farther enacted^ That no person shall 



380 nSHER^Y IN GLOUCESTER. Dec, 14, 1816. 

catch or take any of the said fish in any river, hrook, 
or stream leading to, or from the said pond, without 
tlie 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, ob- 
struct the passage of the said fish, to or from th» said 
pond, or shall obstruct the said Committee, or either 
of them, (or those persons employed by them.) in the 
execution of their duty, in all and every of these cases, 
the offenders shall, for each offence, forfeit and pay 
a sum not exceeding twenty dollars, nor less than five 
dollars with costs of suit. 

Sec. 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 
Reeovcry of to suc for and rccovcr in tiie name of the 'I'reasurer 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 Grloucester may hear 
and determine any complaint under this act, to the 
a,mount of twenty dollars, his being an inhabitant of 
the said town notwithstanding ; and in case any minor 
or minors shall offend against any part of this act, and 
thereby incur any or either of the penalties aforesaid, 
in all such cases, the parent, master or guardian of such 
minor or minors shall be answerable therefor ; and in 
case of prosecution of such minor or minors, the action 
shall be commenced against the parent, master or guar- 
dian of such minor or minors, respectively, and judg- 
ment rendered accordingly ; 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 offender, shall be entitled to one 
half the forfeiture ; and no person shall be considered 
as disqualified from being a witness on any trial that 
may be had pursuant to this act, on account of his be- 
ing an inhabitant of tlie said town of Gloucester, or of 
his being one of the Committee aforesaid. 



€ORBAN SOCIETY. Bee, 14, 1816. 381 

Sec. 5. Be it further enaeted, 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. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXV. 

An Act to incorporate the Corban Society. 

Sec. 1. JjE if enacted by the Senate and House of 
Ilejjresentatives in General Court assembled, and by 
the authority of the same, That Mary Mason, Sarah 
Dunn, Isabella Homes, Susan Huntington, Margaret 
C. Welsh, Mary Codman, Margaret Phillips, Han- prsons inoor- 
nah B. Tyler, Elizabeth Rogers, Phebe Cutler, Mar- 1^°^"'"^- 
tha Ropes, and their associates to be elected into the 
Society from among the annual subscribers to the same 
institution, be, and they hereby are incorporated into 
a Society, by the name of The Corban Society, to aid 
and assist Candidates for the Gospel Ministry with 
the means of instruction and subsistence ; and for this 
purpose shall be a Corporation forever, with power to powers aikiprf- 
havft a common seal, to make contracts relative to the ^'^''i^'^^- 
objects of their institution, to sue, and be sued, to es- 
tablish by-laws and orders for the regulation of the 
said Society, and for the preservation and application 
of the funds thereof; provided the same be not repug- Proviso. 

nant to the constitution or laws of this Commoa- 
w^ealth ; 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 the said insti- 
tution ; provided, that the value of the real estate of 
said Society, shall never exceed twenty thousand dol- 
lars, and the annual income of the whole estate of said 
Society shall not exceed two thousand dollars. 

Sec. 2. Be it further enacted, Thai every married 
woman belonging to said Society, who shall, with the Liability. 
consent of her husband, receive any of the money or 
other property of said Society, shall thereby render 



38S CORBAN SOCIETY. Dec, 14, 1816. 

her said husband accountable therefor, to said So- 
ciety : 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 Directors, shall become a Mem- 
ber of said Society ; liable, however, to be removed, 
whenever she shall refuse or neglect to pay her annual 
subscription. 

Sec. 3. Be it further enacted, That said Society 

shall meet in Boston, on the last Monday in Septem- 

Anmiai election ber anuually, for the purpose of electing, by ballot, 

ofofficers. ^^^^ ^j^^.^. Members, a President, Vice-President, Se- 

cretai*y, Treasurer, and nine Assistants : all which of- 
ficers 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 news- 
papers, 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 ad- 
journments, and at the call of the President ; and any 
seven of them shall constitute a quorum. Any Mem- 
Disinissiiis. l>er may be dismissed at an annual meeting by the 
voice of two thirds of the Members present, the dis- 
mission having been proposed at the preceding annual 
meeting. 

Sec. 4. Be it further enacted, That the Treasurer 
Qualifications of of said Socicty shall be a single woman, of the age of 
president. twentv-ouc ycars or upwards, and shall give bond with 
sufficient surety or sureties, to account annually, or of- 
tener if required by said Society or the Board of Di- 
rectors, for all money and other property of said Soci- 
ety coming into her hands, and in general to discharge 
the duties of her said office with fidelity. 

Sec. fj. Be it further enacted, That the Board of 
Board of dhcc Directors for the time being, shall have the manage- 
*°"* ment and application of all the subscriptions, donations, 

funds and estate of the Society, to be appropriated sole- 
ly for the use of the Society ; and no sale or transfer of 
any real or personal estate of said Society shall be va- 
lid unless approved by them ; and no money shall be 



MINISTRY IN WILTON. 



JDec. 14, 1816. 



383 



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 Donations, 

them, whom they may judge to be suitable objects of 

charity, to enjoy the benefits of the Institution. And 

the Directors shall have authority to establish any rules 

and regulations for the proceedings of the Board and 

the concerns of said Society, not repugnant to the con- , 

stitution or laws of this Commonwealth, or the by-laws 

of said Society. 

Sec. 6. Be it further enacted, That any writ or pro- 
cess against said Corporation may be served by the of- 
ficers leaving an attested copy thereof with the Trea- Maybesuea. 
suret of said Society, or at her usual place of residence, 
thirty days before the return day thereof ; and the said 
Treasurer, or any Agent, appointed for that purpose by 
the Society or by the Directors, may appear by Attor- 
ney, and defend or prosecute any suit in behalf of said 
Society. 

Sec. 7« Be it further enacted, That all instruments 
of conveyance or contract, which may lawfully be made Conveyaneei 
by said Society, if approved by the Board of Directors, 
shall be signed by the President or Vice-President, and 
countersigned by the Secretary, and if necessary, seal- 
ed by the common seal of said Society ; and when so 
executed, shall bind the said Society and be valid ia 
law. 

[Approved by the Governor, December 14-, 1816.] 



CHAP. CXVI. 

An Act to establish a Fund for the support of the Min- 
istry in the town of Wilton. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives in General Court assemhledf-and hy 
the authority of the same, That Joseph Webster, Isaac 
Hathaway, Jun. Timothy Woodward, Nathan Wing, 
Micah Covell, Silas Gould, all of the town of Wilton, 
be, and they are hereby constituted a body politic 
and corporate, by the name of the Trustees of the 



S81 MINISTRY IN WILTON. Dec. 14, 1816. 

Ministerial Fund in the town of Wilton ; and the 
I'owersoi (lus- said Trustces in their said capacity, shall have 
t«esSja»iociates pQ^^,gj, according to their best discretion, to sell the 
public lot of land in the said town, which, in the origi- 
nal grant thereof, was reserved for the support of the 
Ministry in the said town ; and the monies arising from 
the said sale, to place at interest, in the manner provi- 
ded by this act, which monies shall be a fund for the 
support of the Ministry in said town ; and the number 
of the said Trustees shall never exceed nine, nor be less 
than six, any five of wliom may be a quorum for doing 
business ; and the said Trustees shall annually elect 
by written votes, a Cliairman, and also a CUerk, to re- 
cord and certify their doings, and a Treasurer to receive, 
Mar sue and be keep, and apply the monies belonging to the said Min- 
^""^" isterial Fund, as is herein directed ; and the said Trea- 

surer shall give bonds, with two sufficient sureties, for 
the faitliful discharge of his trust ; and the said Trus- 
tees may keep and use a common seal, subject to alter- 
ation at their pleasure, and by their corporate name a- 
foresaid may sue and be sued, in any action, real, per- 
Rotation of of-sonal or mixed, and may prosecute and defend the 
'"'' same to final judgment and execution. 

Sec 2. Be it further enacted^ That one of the said 
Trustees shall annually retire, beginning and proceed- 
ing accordingly by seniority of age, and such vacancy 
shall be supplied by election of the freeholders at their 
annual town meeting, for the choice of town officers ; 
and in like manner any vacancy maybe supplied, which 
may happen by death, resignation, misconduct, infirm- 
ity, removal out of the town, or any other cause, which 
in the judgment of the said freeholders, shall be suf- 
ficient for declaring and filling such vacancy, so hap- 
pening, and they may also remove any officer or agent 
May sell land, by them employed, when they may see sufficient cause. 
Sec. 3. He it further enacted, That the said Trus- 
tees be, and they are hereby empowered, at such time 
as in their discretion they may judge most suitable, to 
sell and convey the public lot, reserved for the use of 
the Ministry in the said town of Wilton ; and to make, 
execute, acknowledge and deliver a good and sufficient 
deed or deeds thereof,which being signed by theTreasur- 
er, and countersigned by the Clerk of the said Corpora^ 



MINISTRY IN WILTON. Dec, i% 1816. 885 

tion, with their seal affixed, shall be good and effectual 
in law, to pass and convey the fee simple from the 
town to the purchaser ; and the monies arising from 
the sale of the Ministry lot shall be put at interest as 
soon as may be, and secured by mortgage on real 
estate to the full value of the property sold, or money 
loaned, or by two or more sureties with the principal, 
unless the said Trustees shall think it more expedient 
to invest the same in public funded securities or bank Appmpriation 
stock, at their discretion ; and all donations, grants, be- °^ '*"^'^' 
quests or legacies which may be hereafter made and 
given to the said fund, for the support of the Ministry 
in the said town of Wilton, shall be appropriated to the 
same purpose, in the manner and within the restrictions 
and provisions made in this act ; and the interest and 
profits only arising from the said funds, shall be used 
and applied for the benefit of the Ministry in th& said 
town ; and it sliall never be in the power of the said 
town to alienate, alter, or vary the appropriations of the 
said funds. And the said Trustees and all the otlier 
Officers of the said Corporation, for the services they 
may perform, shall receive no compensation out of the 
said funds, interests, or profits aforesaid, but a reasona- 
ble compensation for such services may be paid to them 
by the said town when they may see cause. 

Sec. 4. Be it further enacted^ That the said Trus- 
tees and each of them, severally, shall be responsible Kesponsibiiih- 
to the town for their personal neglect or misconduct, *'^'^'^"'*^''^^ 
whether they be officers or not, and liable to prosecu- 
tion for any loss or damage to the said funds arising 
thereby : and the debt or damage recovered in such 
suit shall be considered as belonging to the said funds, 
and applied accordingly. And at every annual meeting 
of the said town, in the month of March or April, the 
Trustees shall exhibit a true and fair statement of their 
doings, and of the condition of the said funds. 

Sec. 5. Be it further enacted^ That any Justice of 
the Peace for the county of Kennebec, is hereby em-'^^'^^'T^"^ ^°^ 
powered upon application therefor, to issue a warrant, "^^*^ °^^" 
directed to one of the Trustees named in this act, re- 
quiring him to notify and warn a meeting of the said 
Trustees to meet at such convenient time and place as 
shall be appointed in the said warranty to organize the 
49 



886 TAX ACT. Bee, 14, 1816. 

said Corporation, by the election and appointment of 
its oflBcers ; and the said Corporation when duly organi- 
zed, may adopt and settle the way and means of callinc; 
and notifying future meetings. 

[Approved by the Governor, December 14, 1816.] 



CHAP. CXVII. 

An Act to apportion and assess a Tax of one hundred 
and thirty-three thousand three hundred and forty- 
two dollars, and thirty- two cents ; and to provide 
for the reimbursement of twenty-eight thousand four 
hundred and twelve dollars, paid out of the public 
Treasury, to the Members of the House of liepre- 
sentatives, for their attendance at the two last ses- 
sions of the General Court. 

[Approved by the Governor, December 14, 1816.] 



COMMONWEALTH OF MASSACHUSETTS 



Secretary's Office^ March 21st, 1817. 

I hereby certify, that the Laws contained in this pamphlet, passed at tlie sessioft 
01 the General Court, beginning the 1 oth of November, and ending the I4ih of Decem- 
ber, 1816, htlve been examined and compared with the originals in this office, and ap- 
pear to be correct, excepting in one instance, viz.: — page 324, 12th line from bottdo^ 
instead of " Salera Academy," it should read " Salem Sti-eet Academy." 

ALDEN BRADFORD, 

Secretary of the Commmweahh. 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON THE 28th OF IVIAY, 
AND ENDED ON THE ISih OF JUNE, 1817. 



CHAP. I. 



An Act to set off certain land from Maiden^ and annex 
it to Medford, 

JjE it enacted by the Senate and House of 
JRepresentatives, in General Court assembled, and by 
the authority of the same. That the tract of land here- 
inafter described, heretofore situated in the town of 
Maiden, in the county of Middlesex, with the inhabi- 
tants thereon, be set off from the isaid town of Maiden, New Botrndanes, 
and annexed to the town of Medford, in said county ; 
and shall hereafter be considered as a part of said town 
of Medford, viz. beginning; at the boundary line be- 
tween said towns, at the point where the creek running 
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 fifty degrees east, and distant from the place of be- 
ginning, in a straight line, about one hundred and twen- 
ty-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 Rich- 
ard 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 



388 LAND CEDED TO U. STATES. June 10, I8I7. 

# 

Tufts, about one hundred and thirty rods, to Mystic 
Kiver, at a stake ; thence westerly, by Mystic River, to 
the old dividing line between said towns, and thence 
Proviso, |3y gaid old line to the place of beginning : Provided 

however, that said lands, and the inhabitants thereon, 
shall be holden to pay all such taxes as have been law- 
fully 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. 

[Approved by the Governor, June 10, I8I7.] 



CHAP. II. 

An Act to cede to the United States the jurisdiction of 
a site for a Light House on the west chop of Holmes' 
Hole. 

JjE it enacted by the Senate and House of 

Representatives, in General Court assembled, and by 

the authority of the same, That the United States may 

Cession «r Land purchase any tract of land, not exceedins four acres, 

to united sutes. ^^j^.^j^ ^^^^^^ ^^ ^^^^^^ uccessary for the Light House, 

authorized by Congress to be built on the west chop of 
Holmes' Hole, on the island of Martha's Vineyard, 
and may hold the same during the continuance of the 
Proviso. use and appropriation aforesaid : Provided, That this 

Commonwealth shall retain, and does hereby retain 
concurrent jurisdiction with the United States, in and 
over said land, so far as that all civil and criminal pro- 
cesses, issued under the authority of this Common- 
wealth, or any officer thereof, may be executed on any 
part of said land, or in any building which may be 
erected thereon, and for the punishment of all crimes 
and misdemeanors against the laws of this Common- 
wealth, committed upon said land, in the same way and 
manner as if the jurisdiction had not been granted as 
aforesaid, 

[Approved by the Governor, June 11, 1817.} 



CESSION TO U. STATES. June 11, 1817. 389 



CHAP. III. 

An Act to cede to the United States pai*t of the island 
of Petit Manan, near ISaraguagus River, whereon to 
erect a Light House. 

JjE it enacted hy the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same. That so much of the soil of 
the island of Petit Manan as lies to the southward of 
the bar which connects the southern with the northern cession rs Land 

<>*i-iii« ,1 i»i-r^ **• t^nited States. 

part of said island, being the property oi this (jommon- 
wealth, be, and hereby is ceded to the United States 
of America, for the purpose of erecting a Light House 
on the same: Provided that this Commonwealth shall prawo, 
retain, and does hereby retain concurrent jurisdiction 
with the United States, in and over said land, so far as 
that all civil and criminal processes, issued under th& 
authority of this Commonwealth, or any officer thereof, 
may be executed on any part of said land, or in any 
building which may be erected thereon, and for the 
punishment of all crimes and misdemeanors against the 
laws of this Commonwealth, committed upon said land, 
in the same way and manner as if this grant had 6ot 
been made. 

[Approved by the Governor, June 11, 1817.] 



CHAP. IV. 

An Act to continue in force an act, entitled ^^ An act 
to incorporate Stephen Higginson and others, into a 
company, by the name of the Boston Marine Insur- 
ance Company." 

15 E it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same That the act, entitled, "An 
act to incorporate Stephen Higginson and others, into a 
company, by the name of the Boston Marine Insurance 



I 



^90 BUCKSPORT.— BOST. BANK. June 12, 1817- 

Company," passed ou the thirteenth day of February > 
in the year of our Lord one thousand seven hundred 
and ninety-nine, exceptiug the tenth section thereof, 
with all the powers and privileges granted by the said 

Eitensioncf Act.aet, shall be and remain in force for the term of twenty 
years from the thirteenth day of February, in the year 
of our Lord one thousand eight hundred and nineteen : 
Provided always, that the capital stock of the said com- 
pany shall continue to be three hundred thousand dol- 
lars ; and that the said company shall not be allowed 
to insure ou any one risk a greater amount than thirty 

Pw'iso. thousand dollars : and provided also, that no person 

being a Director of any other company, carrying on the 
business of Marine Insurance, shall be eligible as a Di. 
rector of this company. 

[Approved by the Governor, June 11, I8I7.] 



CHAP. V. 

An Act to alter the name of the town of Buckstown. 

UE it enacted by tlie Senate and House of 
JRfpresentatii'es, in General Court assembled, and by 
the authority of the same. That the name of the town of 
Buckstown, in the county of Hancock, be, and the same 
c^ge of wMis jg hereby altered to the name of Bucksport ; and the 
said town shall henceforth be known and called by the 
name of Bucksport. 

H [Approved by the Governor, June IS, I8I7.] 

CHAP. VL 

An Act in addition to an act, entitled ^^ An aet to re- 
duce the Capital Stock of the Boston Bank." 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That the number of shares iu the 



LIGHT HOUSES. June 12, 1817. 391 

Corporation, called and known by the name of the Pres- 
ident, Directors and Company of the Boston Bank, shall 
be twelve thousand ; any thing in the act entitled an act shares uimted. 
to reduce the Capital Stock of the Boston Bank, to the 
contrary notwithstanding. 

[Approved by the Grovernor, June 13, 1817.] 



n 



CHAP. vn. 

An Act in addition to an act, entitled ^' An act to cede to 
the United States the jurisdiction of scites for Light 
Houses on Race Point, Nashaun Island and Point 
Gammon.'^ I 

JBE it enacted hy the Senate and House of 
IlepresentativeSf in General Court assembled, and by the 
authority of the same, That if the Superintendant of 
Light Houses in Massachusetts, or persons employed 
for the United States, and the owner or owners, or his 
or their Agent or Agents, of such tract of land as shall 
be found necessary and convenient for such Light House 
as the United States may cause to be built near Tar- 
paulin Cove, on Nashaun Island, cannot agree in a sale E^ynt«^^t>« 
and purchase thereof, such Agent or person employed, p'leas. 
may apply to the Court of Common Pleas, which may 
at any time be holden within and for the county of Dukes' 
County, and the said Court is hereby authorized and em- 
powered to cause the value of said land, together with 
the said damages which the owner or owners thereof 
may sustain by the erection of said Light House, to be 
apprised by a jury to be summoned by the Sheriff of 
^aid county, or his deputy, for that purpose ; which jury- 
shall be sworn to the faithful discharge of their trust, 
and shall proceed to view and set off by metes and bounds 
said tract of land, or such part thereof as they shall find 
necessary and convenient for such Light House, and 
shall return their verdict to the said Court. And in 
case the said Court shall not then be in session, shall 
seal up their verdict and deliver the same to the said 
Sheriff or bis deputy, w ho shall make return thereof to 
the said Court, at the next term to be holden in, and for 



393 COURT OF SESSIONS, YORK. July 13, 1817. 

said county ; which verdict of the jury being accepted 
by the said Court, and the amount of such verdict being 
paid to the owner or owners of the land so apprised and 
set off" by the Jury, or if the owner or owners shall not 
appear, or shall refuse to receive such amount in money 
as the said Court shall order, (lien the amount of the 
appraisement aforesaid, shall be lodged in the office of 
the Treasurerof the county of Dukes' county, to be re- 
ceived by the owners, or any person legally authorized 
to receive the same ; and the tract of land so appraised 
and set off shall be vested in the United States, and 
shall be taken, possessed and appropriated for the pur- 
Proviso. poses aforesaid : Provided, that all charges of such 

application and appraisement shall be paid by the 
United States : and provided, that the land which may 
be set off for the purposes aforesaid shall not exceed 
the quantity of four acres in the whole : and provided, 
that this Commonwealth shall retain, and does hereby 
retain concurrent jurisdiction with the United States, 
in and over said land, so far as that all civil and crim- 
inal processes issued under the authority of this Com- 
monwealth, or any officer thereof, may be executed on 
any part of said land, or in any building which may be 
erected thereon, and for the punishment of all crimes 
and misdemeanors against the laws of this Common- 
wealtli, committed upon said land, in the same way and 
manner as before the passing of this act. 

[Approved by the Governor, June 12, 1817.] 



CHAP. VIII. 

An Act to alter and establish the times and places for 
holding the Courts having cognizance of Sessions 
business, in the county of York. 

Sec. 1. i5e 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 pass- 
ing of this act, the times and places for holding the 
Courts of Common Pleas, in the county of York, sit- 
sing in conjunction with the Session Justices of said 



CIRC. COURT COM. PLEAS. June 13, 1817. 393 

county, with cognizance of all the Session husiness 
therein, shall be as. follows, to wit : At ""York on the 
third Monday of April, and at Alfred on the second 
Monday of September, annually ; and all petitions, 
processes, matters and things, now pending in the 
Court of Sessions, or Court having cognizance of Ses- 
sion business in said county, and all parties and per- > 

sons interested therein, shall be heard, have day, acted 
upon and determined at said Alfred, on the second 
Monday of September next. 

Sec. 2. Be it further enacted. That all laws hereto- 
fore made for fixing the times and places for holding i-a^vsrppwied, 
the Courts of Sessions, or for holding Courts having 
cognizance of Session business within said county, in- 
consistent with the provisions of this act, be, and the 
same are hereby repealed. 

[Approved by the Governor, June 13, I8I7.] 



CHAP. IX. 

An Act fixing the terms at which the Circuit Court of 
Common Pleas for the Middle Circuit, may transact 
the business of a Court of Sessions. 

Sec. 1. JjE it enacted by the Senate and House of 
JlepresentativeSf in General Court assembled^ and by 
the authority of the sawe,Tbat the Circuit Court of Com- 
mon Pleas for the Middle Circuit, when duly orsranized j.urisdiction( 

v O Court. 

as a Court of Sessions, may and shall, at every term 
thereof, except the term thereof holden at Ipswich, 
within and foi the county of Essex, in December an- 
nually, hold jurisdiction as a Court of Sessions, and 
do and perform all things which by law they are au- 
thorized to do, any law to the contrary notwithstanding. 
Sec. S. Be it further enacted , That whenever it may 
be necessary to adjourn said Court, they may, if the 
public interest require it, adjourn to any other place in 
the county, where by law such Court may be holden, 

[Approved by the Governor, June 13, 1817.] 

01 



39* CIRC. COUET COM. PLEAS. 

CHAP. X. 



June 13, I8I7. 



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

Bec. 1. JjE it enacted by the Sanate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Circuit Court of 
Common Pleas, now holden at Wiscasset, within and 

Tei-jwofcourt for the county of Lincoln, on the second Monday in 
May annually, shall, from and after the passing of 
this act, he holden at said Wiscasset, on the fourth 
Monday of April annually, instead thereof; and the 
Justices of the said Court shall have jurisdiction of all 
Session business at the term of the said Court, by this 
act establitahed, in like manner as at the terms holden 
at Topsham and Warren, for the same county. 

Sec. 2. Be it further enacted, That all writs, re- 
cognizances, warrants, complaints and every other pro- 
cess, precept, matter and thing, and all parties or per- 
sons that have been or may be required or directed to 

Business return- appear and attend, and all actions, indictments, suits^ 
informations, appeals, matters and things, which shall 
or may be pending in the said Court, now holden at 
Wiscasset, on the second Monday in May as aforesaid, 
shall henceforth be returned to, entered, appear and 
attend, have day, be heard, tried and determined in 
said Court, at the term thereof by this act established, 
to be holden at Wiscasset, in said county, on the fourth 
Monday of April annually. 

[Approved by the Governor, June 13, I8I7.] 



CHAP. XL 

An Act to alter the times of holding the Circuit Court 
of Common Pleas, and Court of Sessions, within and 
for the county of Penobscot. 

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



CIRC. COURT COM. PLEAS. June 13, 1817. 395 

the authority of the same^ That the Circuit Court of 
Common Pleas, and Court of Sessions, within and for 
the county of Penobscot, shall, from and after the time 
this act shall be in force, be holden at Bangor, within Removal of 
and for the said county, on the first Monday of Janu- 
ary, on the second Monday of May, and on the third 
Monday of September annually, instead of the times 
now appointed by law, for holding said Courts. 

Sec. S. Be it further enacted. That this act shall 
have full force and effect, from and after the twentieth 
day of July next, and not before ; and all writs, recog- 
nizances, warrants, complaints and every other process, 
precept, matter and thing, returnable to said Courts on Transfer of rc 
the second Tuesday of November next, and all parties 
and persons that have been or may be required or di- 
rected to appear and attend at the time or term last 
mentioned, and all actions, indictments, suits, informa- 
tions, appeals, matters and things, which shall or may 
be pending in said Courts, or either of them in said 
county, on the said twentieth day of July next, shall 
be returned to, entered, appear and attend, have day, 
be heard, tried and determined in the said Courts, re- 
spectively, at the term thereof, appointed by this act, to 
be holden on the third Monday of September next. 

Sec. 3. Be it further enacted. That all acts and 
parts or clauses of acts, which are or may be repugnant Repeal of Acts, 
to, or inconsistent with the provisions of this act, be, and 
the same are hereby repealed, from and after the said 
twentieth day of July next: Provided however, that Proviso, 
any thing done pursuant to those acts or clauses thereof, 
prior to the day last mentioned, shall be as good and 
valid in law to all intents and purposes, as if this act 
were never passed : And provided moreover, that the 
Session business cognizable by said Court, in conjunc- 
tion with the Sessions Justices thereof, have day, be 
done, and performed, only at the aforementioned terms 
in January and September annually, and not at the 
May term before expressed. 

[Approved by the Governor, June 13; I8I7.3 



3i)6 BKOOKSVILLE. Jmmc 13, 181^ 

CHAP. xn. 

An Act to incorporate the town of 15 rooks ville. 

Sec. 1. JdE it enacted hy the Senate and House of 
Jlejiresentatives in General Court assembled, and by 
the authority of the same. That those parts of the 
towns of Castine, Penobscot, and Sedgwick, included 

Boundaiies. in thc following boundarics, viz. : beginning at the water 
on the line between Castine and Penobscot, there 
bounded by the waters of the harbour of Castine, and 
by Castine river, to land of John VValker, on the south- 
erly side of said river ; thence on the line of said lot, 
including the same to the water ; thence from the outlet 
of Walker's Pond, so called, south westerly, to the 
southerly line of Isaac Billings' land ; thence, on said 
southerly line, to the sea ; thence running by the sea 
shore round Cape Rosier, and by the shores of Castine 
harbour, to the first-mentioned bounds ; together with 
the inhabitants thereon, be, and are hereby incorpora- 
ted into a town, by the name of Brooksville ; and the 

Bights and prhi- said town is hereby vested with all the privileges and 
immunities which other towns do, or may enjoy by the 
Constitution and laws of this Commonwealth : Pro- 

rmiso. videdj that the inhabitants within the boundaries afore- 

said, shall be holden to pay to the several towns, to 
which they have heretofore belonged, their several 
proportions of all taxes voted by said towns, together 
with all state and county taxes, apportioned on said 
- towns, before the passing of this act. 

Sec. 2. Be it further enacted, That in all state 

r>^«posiuonof taxes, which shall hereafter be granted by the General 
Court of this Commonwealth, until a new valuatioa 
sliall be settled, one eighth part of the taxes which 
would have been set to the town of Sedgwick, one fifth 
part which would have been set to the town of Penob- 
scot, and one fifth part which would have been set to 
Castine, according to the last valuation, shall be taken 
from said towns and set to the said town of Brooksville. 
Sec. 3. Be it further enacted, That William Abbot, 
Esquire, be, and he is hereby authorized to issue a 



'I'axes, 



SHERIFFS, &c.— SCHOOLS. June 13, I8I7. 397 

warrant, directed to some suitable inhabitant of said 

town of Brooksville, requirins him to notify the inhabi- warrant for finx 

■* ^-^ ^ meeting* 

tants thereof, to meet at such time and place as shall 
be appointed in said warrant, for the election of all 
such officers as towns are entitled to choose la the 
months of March or April annually. 

[Approved by the Governor, June 13, I8I7.] 



CHAP. XIIl. 

An Act to extend the powers and duties of Sherijffs, 
Coroners, and Constables, in certain cases. 

JjE it enacted by the Senate and House of 
liepresentatives, in General Court assembled, and by 
the authority of the same. That Sheriffs, Deputy Sher- 
iffs, Coroners, and Constables be, and they hereby are 
authorized and empowered to make service and return Refnxn, 

of all writs and processes to them duly directed, in 
which towns or districts, of which they are inhabitants, 
are parties or interested, any law, usage or custom to 
the contrary notwithstanding. 

[Approved bj' the Governor, June 13, I8I7.] 



CHAP. XIV. 

An Act in addition to the several laws now in force 
respecting School Districts. 

Sec. 1. OE if enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That each and every School schTOisinwrpo. 
District in this Commonwealth, is hereby made a body * 
corporate, so far as to bring and maintain any action, 
on any agreement, made with any person or persons, 
for the non performance thereof, or for any damage 
done to their School Houses ; and be liable to have 
any action brought and maintained against them for 
the non performance of any contract by them made. 



398 GUILFORD FISHERY. June 14, I8I7. 

Sec. S. Be it further enacted. That the said corpor- 
ation shall have power to take and hold in fee simple, 
May hold eetatej. or otherwise, any estate, real or personal, which has 
been or may be given by any person or persons, for the 
purpose of supporting a school or schools in said dis- 
trict, and to apply the same for the purposes aforesaid, 
and may prosecute and defend any suit or suits relative 
to the same. 

[Approved by the Governor, June 13, I8I7.] 



CHAP. XV. 

An Act to set off the town of Guilford from the county 
of Somerset, and annex the same to the county of 
Penobscot. 

15 E it enacted hy the Senate and House of 
MepresentativeSf in General Court assembled, and by 
the authority of the same. That from and after the pas- 
sing of this act, the town of Guilford, in the county of 
Town set oft, Somerset, be, and the same is hereby set off from said 
county of Somerset, and annexed to the county of Pe- 
nobscot: Provided however f that the inhabitants of said 
Guilford shall be holden to pay their proportion of all 
legal taxes which have been assessed, or by the Gene- 
ral Court ordered 10 be laid on said Guilford, in the 
same manner as though this act had never been passed. 

[Approved by the Governor, June 14, I8I7.] 



CHAP. XVI. 

An Act further regulating the Fishery in Merrimack 

River, 

Sec. 1. JOE if enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same, That from and after the pass- 
ing of this act; any FisU Warden; Sheriff, Deputy 



MINISTERIAL FUND. Jttwe i% 1817. S9S) 

Sheriff, Grand Juror, or Constable^who may find a seine, 
net> pot, or any other machine for catching salmon, 
shad, or alewives, at any place between the banks of 
Merrimack river, in this Commonwealth, upon any day 
other than those on which said fish may be taken by law, 
shall have a right to take such seine, net, pot, or other Forfeitures, 
machine, and dispose of them in the same way and man- 
ner as is prescribed by the said act for unlawful fishing. 
Sec 2. He it further enacted. That if any person or 
persons shall be found at any place between the banks 
of said river with a seine, net, or other machine, for 
catching any of said fish, in his or their possession, up- 
on any day when it is not lawful to catch said fish, he 
or they shall forfeit and pay a fine of ten dollars, forpenaitiw 
each and every such offence, to be recovered and ap- 
propriated to the sole use of the Fish Warden, Sheriff, 
Deputy Sheriff, Grand Juror, or Constable, who shall 
prosecute for the same. 

[Approved by the Governor, June i% I8I7.] 



CHAP. XVII. 

An Act to establish a Ministerial Fund in the town of 

Sudbury. 

Sec. 1. 15 c it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That the Selectmen of the 
town of Sudbury, for the time being, and the Deacons 
of the Church, for the time being, in the said town of 
Sudbury, be, and they are hereby appointed and incor- 
porated as Trustees, by the name of the Trustees of the Trustees. 
Sudbury Ministerial Fund ; and by that name they 
and their successors in office shall be, and continue a 
body politic forever; and they shall have a common 
seal, subject to alteration; and they may sue and be May sue and i«f 
sued in all actions, real, personal, and mixed, and pro-'''^ ' 
secute and defend the same to final judgment and exe- 
cution, by the name aforesaid ; and shall have all other 
powers, which are incident to, and necessarily belong 
to the like corporations. And the said Trustees and 



400 MINISTERIAL FUND. June i% I8I7. 

their successors may annually elect one of their num- 
3^y elect other ber 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 provi- 
sions of this act. who shall give bond to the said Trus- 
tees 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, conform- 
ably to the true intent and meaning of this act, and for 
all neglect or misconduct in his ofRee. 

Sec. 2. Be it further enacted, That the said Trus- 
tees be, and they are hereby authorized and empower- 
MayjS^ii and con- ed to scU and convey the several lots of land belong- 
ing to the town of 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 laud 
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 mort- 
gage on real estate to twice the value of the money loan- 
ed, or secured by two or more sufficient 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 lands, which shall be subscribed by the 
Treasurer, with their seals thereto affixed, and by him 
duly acknowledged ; and when so executed and deliv- 
ered, shall be good and effectual in law to pass and con- 
vey all the rights of said town in and to said real estate, 
to the purchaser thereof. 

Sec. 3. Be it further enacted, That the said Trus- 
/ tees. Treasurer, Clerk or other officers or persons em- 

ployed by them, shall be entitled to receive no compen- 
compensatioD. sation for the services they may perform out of any mo- 
nies belonging to the said fund, but a reasonable com- 
pensation shall be paid them by the town ; and the said 
Trustees and each of them shall be responsible to the 



SOC/Y. YORK.— STEAM NAVIG. June 14, 1817. 401 

town for their personal neglect or misconduct, whether 
they be officers or not, and liable to prosecution for any ' 
loss or dama2;e resulting thereby to the fund ; and the 
debt or damage recovered in such suit shall be to the 
use and addition of the said fund ; and the said Trus- 
tees and Treasurer, and their successors in office, shall 
exiiibit to the town a report of their doings, and the 
state of the funds, at the annual meeting in March or 
April. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace, for the county of Middlesex, is hereby au- warrant for ant 
thorized, upon application therefor, to issue his warrant, 
directed to one of the Trustees named in this act, 
requiring him to notify and call a meeting of the said 
Trustees, to be holden at such convenient time and 
place as may be appointed in said warrant, to organize 
the said corporation by the appointment of its officers, 
[Approved by the Governor, June 14, I8I7.] 



CHAP. XVIII. 

An Act in addition to an act, entitled "An act to incor- 
porate the First Baptist Society in York." 

JlSE it enacted by the Senate and House of 
HepresentativeSf in General Court assembled, and by 
the authority of the same. That so much of the second Act repealed iu 
section of the act, entitled <^An act to incorporate the^"' 
First Baptist Society in York," as requires a certificate 
of admission to be approved of by the settled Minister 
of said society, be, and the same is hereby repealed. 
[Approved by the Governor, June 14, I8I7.] 



CHAP. XIX. 

An Act establishing the Massachusetts Steam Naviga- 
tion Company. 



Sec. 1. Be 
Representatives 
52 



it enacted hy the Senate and House of 
; in General Court assembled, and bv 



40^55 MASS. STEAM NAVIGATION. June 16, 18ir< 

the autlioriiij of the same, That John H. Andrews, with 
such other persons as have already associated with him, 
or may hereafter associate with him, and their success- 
ors, be, and they hereby are made and constituted a 
body politic and corporate, by the name of the Mas- 
■eachusetts Steam Navigation Company, for and during 

Term. thc temi of thirty years after the passing of this act ; 

and by that name may sue and be sued, in all actions, 

Powen. real, personal and mixed, to final judgment and execu- 

tion, and may do and suffer 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 

Proviso. may break and alter at pleasure : Provided hdweveVf 

that any proprietor alienating his share or shares in 
said corporation, shall thereafter, in respect thereto, 
cease to be a member of said corporation ; and the as- 
signee thereof shall be, with respect thereto, thencefor- 
ward a member of said corporation, with all the rights, 
and subject to all the duties, penalties and payments 
which the assigner thereof was or might have been 
vested with or liable to. 

Sec. S. Be it further enacted, That said corporation 
Anuioiized to sliall havc power, and is hereby authorized to erect and 

biiild steamboats. , .,-, V,, T»i* i c ii • r^ 

build any bteam lioats in any part oi this Common- 
wealth, where the individual proprietors in their private 
capacities might lawfully do tlie same ; and also navi- 
gate any Steam Boats in any waters where the indivi- 
dual proprietors might lawfully do the same, as shall 
appear to said corporation to be for the benefit of the 
same. 

Sec. 3. Be it farther enacted, That said corporation 
jiaj iioid estates, may bc lawfuUy seized and possessed of such real es- 
tate as may be necessary and convenient for establishing 
and carrying on the business of said corporation, and 
of as much personal estate as shall be actually employ- 
proviso, ed by said corpoiation ; provided, that such real estate 
shall not exceed the value of thirty thousand dollars, 
and the personal estate three hundred thousand dollars. 
Sec. 4. Be it further enacted, That the property of 
Kurnber of shares, said corporation shall be, and hereby is, divided into 
one hundred and forty-four shares, and shall be num- 
bered in progressive order, beginning at number one ; 
nnd every original member thereof shall have a ccrtifi- 



MASS. STEAM NAVIGATION. June 16, 18tr. 403 

cate under the seal of the corporation, and signed by 
the Treasurer, certifying his property in such shares 
as shall be expressed in said certificate. 

Sec. o lie it further enacted, That any two of the 
proprietors mav, and they hereby are empowered to call First raoetm=: «h- 

L' f n -I 1 t'G r 11-1 .choice; of uflicci-. 

a meeting ot the proprietors, by a notification published 
in the Salem Gazette and Essex Register, at least seven 
days previous to said meeting; at wliich meeting a Clerk 
shall be chosen, whose duty it shall be, fairly and truly 
to enter and record in a l)ook or books, for that purpose 
to be provided and kept, this act, and all the rules, by- 
laws, votes and proceedings of said corporation, v/hich 
book or books shall at all times be subject to the in- 
spection of any person for that purpose appointed by 
the Legislature ; and the said Clerk shall be sworn to omwiv ci.iii,s. 
the faithful discharge of the duties of liis office ; and 
at the same meeting, the proprietors shall elect a Trea- 
surer, and such number of Directors to manage the pru- 
dential business of said corporation as to them shall 
seem expedient ; and such Directors, as well as those 
which at any meetings hereafter may be chosen, shall 
have power, from time 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 re- 
fusal of any proprietor 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 Doston 
for the space of ten days at least, previous thereto, 
and the overplus, (if any there be) after the payment 
of the taxes and the charges of sale, to be paid to the 
owner of the share or shares, so sold ; and the propri- 
etors may at said meeting, or at any other meeting, 
elect any other officers, which to them may seem neces- 
sary, for carrying into efloct the object of their institu- 
tion ; and may agree upon a mode of calling future 
meetings of the proprietors, and also make any reason- 
able rules and by-laws, not repugnant to the constitu- 
tion and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That the Directors 
appointed, shall hold their offices for the term of one ?;Tem of office, 
year, and until others are elected in their room : Pro- 
vided, that if an-v Director ceases to be. a member of this 



404j MASS. STEAM NAVIGATION. June 16, 1817. 

corporation during the time for which he was elected, 
or resigns, the corporation at a legal meeting, may 
elect another person in his room. 

Sec. 7. f^e it further enacted, That any share may 
May auenatc be alienated by the proprietor thereof, by a deed ac- 
knowledged before some Justice of the Peace, and re- 
corded by the Clerk, in a book to be kept for that 
purpose, and not in any other way, except in the cases 
hereafter provided : And any person shewing to tlie 
Treasurer such deed, so recorded, and delivering up 
to him the former certificate, shall be entitled to a new 
certificate, executed in form aforesaid, certifying the 
property of such share to be in the purchaser. 

Sec. 8. Be it further enacted, That any share in 
sbaras maybe at- said corporatlou may be attached on original process, 
^'^'^^' or levied upon by execution, at the suit of any creditor 

of the proprietor of such share, by the officer having 
the process to execute, giving to the Treasurer or leav- 
ing at his place of abode, a certificate in writing, shew- 
ing that he hath attached or taken in execution, 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 or chattels of such 
proprietor, attached or levied upon, to satisfy the execu- 
tion of the creditor : And the officer may make and 
execute a deed of such proprietor's share to the highest 
bidder ; and the purchaser producing to the Treasurer 
a deed under the hand and seal of such officer, ac- 
knowledged and recorded as aforesaid, shall be entitled 
to a certificate from the Treasurer, executed as afore- 
said, 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 proprietor is owner, and 
the numbers annexed to such shares ; and such book 
shall be open to the inspeotion of any Sheriff, Deputy 
Sheriff, or Coroner, having a process to execute against 
any proprietor, or to the inspection of any other person 
when demanded, upon payment of twenty-five cents for 
each inspection : And in any action to be brought, or 
in any judgment to be rendered against said corpora- 
tion, the plaintiff not being able to find any property of 
the corporation to attach on mesne process, or whereon 



MASS. STEAM NAVIGATION. June 16, 1817. 405 

to levy his execution, shall have the right of attaching 
or levying his execution on any of the individual mem- 
bers of the corporation and their estate, real or person- 
al, in the same manner as if the action had been brought 
and the judgment rendered against them in their indi- 
vidual capacity. 

Sec. 9. Be it further enacted, That when any 
proprietor shall die possessed of any share or sh ares shares of prapn- 

f*^.. ,. *,. r^ , A ^ • • L 1 etors deceased. 

m said corporation, his Jl.xecutor or Administrator, 
upon producing to the Treasurer such deceased propri- 
etor's certificate or certificates, shall be entitled to re- 
ceive a new certificate, executed in form aforesaid, cer- 
tifying the property of such share or shares to belong 
to such Eixecutor or Administrator, who shall hold such 
share or shares as personal estate of such deceased pro- 
prietor, 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 dispose of any chattels of 
such deceased proprietor ; and such Kxecutor or Ad- 
ministrator shall and may execute and acknowleda* a 
deed or deeds of such share or shares, and the purcha- 
ser producing to the Treasurer the certificate or certifi- 
cates, executed in form aforesaid, certifying such share 
or shares to belong to such purchaser. And such Ex- 
ecutor or x\dministrator, who shall not have sold such 
share or shares, shall immediately after the settling the 
estate of such deceased proprietor, deliver the certifi- 
cate or certificates by him received, to the heir or lega- 
tee 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, certify- 
ing the property of such share or shares to be in such 
heir or legatee. 

Sec. 10. Be it further enacted^ That the time and 
place of all public sales of any share or shares, shall Advmisejnent «»f 
be made known at least seven days before such sale, 
by publishing the same in one of the public newspapers 
of Salem and Boston. 

Sec. 11. Be it further enacted^ That at all meet- 
ings of the corporation, each member shall be entitled votea 
to one vote for each share owned by him ; provided^ 
that no person shall be entitled ta more than fifteen 
votes. 

[Approved by the Governor. June 16, i817.] 



406 



FIRST BAP. SOC. IPSWICH. June 16, 1817. 



nttcd. 



Powers, 



CHAP. XX. 

An Act to iucorporate the First Baptist Society iu the 
town of Ipswich. 

Sec. 1. He it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Samuel Appleton, Sam- 

pe^ns incorpo-uel G. Applcton, Timothy Appleton, Charles Simonds, 
William Dennis, Frederick Mitchell, Jacob M. Farn- 
um, Joseph L. Ross, James Caldwell, Moses Graves, 
Josiah Syraonds, Daniel Ross, Jun. John Lord, Robert 
Stone, Daniel W. Low, Nathaniel Perkins, Major 
Woodbury, Samuel Stone, Simeon Spafford, Amos 
Jones, Francis Hovey, John Hovey, Levi Hovey, and 
Joseph Hovey, with their polls and estates, be, and they 
are hereby incorporated by the name of the First Bap- 
tist Society in Ipswich, with all the privileges, powers 
an**, immunities to which other religious societies are en- 
titled by the constitution and laws of thisCommonwealth, 
Sec. 2 Be it further enacted^ That any person 

Membership, iu the Said towu of Ipswich, or in the adjoining 
towns, who may at any time hereafter desire to become 
a member of said Baptist Society, 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 Minis- 
ter 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 pre- 
vious to the town or parish meeting, to be held in the 
month of March or April, annually, shall from and af- 
ter the date of such certificate, with his or her polls and 
estates, be considered as a member of said Baptist So- 
ciety: 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 
belonged previous to that time. 

Sec. 3. Be it further 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 wliich he or she may reside, and 
shall give in his or her name to the Clerk of said Bap- 



Pcoiisoi 



Sece« 4,011. 



SEC. MASS. TURNPIKE CORP. June 16, 1817. 



407 



tist 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 mem- 
ber of, and united in religious worship with such other 
parish or society fourteen days previous to their an- 
annual meeting in March or April, and shall pay his or 
her proportion of all monies voted or assessed in said 
Baptist Society previous thareto, shall from and after 
giving such certificate, with his or her polls and estates, 
be considered as a member of such other parish or soci- 
ety to which he or she may so unite. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace, in the town of Ipswich, upon application wamnt for erst, 
therefor, is hereby authorized to issue a warrant, Ji-"'^'"'^' 
rected 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 all such officers, and trans- 
act all such business as parishes are by law entitled to 
choose and transact in the month of March or April, 
annually. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXI. 

An Act in addition to an act, entitled " An act for es- 
tablishing the Second Massachusetts Turnpike Cor- 
poration." 

Sec. 1. i5e it enacted hy the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the Second Massachu- 
setts Turnpike Corporation 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. 

Sec. 3. Be it further enacted, That the said Corpo- 
ration be, and they are hereby authorized and empow- 
ered 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. 



Gaterejnor«d. 



Gat^cren'ed. 



40S 



GRAND LODGE OF MASS. 



June 1(3, 1817. 



Sec. 3. Be it further enacted^ That from and after 
Toreceiretoii. the pafesliig of thls act thc said corporation be, and 
they are hereby authorized and empowered to demand 
and receive from all persons travelling on said road, 
the follow^ing rates of toll, at each of said Gates, viz.: 
Bates of toll. For cvcry coach, phaeton or other 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 <ixen 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 
borse, seven cents ; for each man and horse, six and a 
quarter cents ; for all sheep or swine, three cents by 
the dozen ; for each foot passenger over the Bridge 
crossing Deerfield river, two cents. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXII. 



Powers. 



Proviso, 



An Act to incorporate the Master, Wardens and Mem» 
bers of the Grand Lodge of Massachusetts. 

Sec. 1. JdE it enacted by the Senate and House of 
Mejtresentatives, in General Court assembled, and by 
the authority of the same, That Francis J. Oliver and 
his associates, and their successors be, and they here- 
by are incorporated and made a body politic, by the 
name of the M aster. Wardens, and Members of the 
Grand Lodge 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 management of the corporation ; 
provided, the same be not repugnant to the constitu- 
tion and laws of this Commonwealth ; and that they 
have all the privileges usually given by acts of incor- 
poration to charitable societies. 



FIRST PARISH FREEPORT. June i% I8I7. 409 

Sec. S. Be it further enacted, That the said cor- 
poration may take by purchase, gift, grant, or other- Rfay hoid esmc. 
wise, and hold real estate, not exceeding the value of 
twenty thousand dollars, and personal estate, not ex- 
ceeding the value of sixty thousand dollars^ for charit- 
able uses. 

Sec. 3. Be it further enacted. That Francis J. Oli- 
ver be, and he is hereby authorized to call the first e»iifirstmee\iDB. 
meeting of said corporation, by advertisement, in two 
of the newspapers printed in Boston, three weeks pre- 
vious thereto, and appoint the time and place thereof, 
at wliich meeting the mode of calling future meetings 
shall be regulated. 

Sec. 4, Be it further enacted, That this act may be 
amended, revised, or terminated at the pleasure of the 
Legislature. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXIII. 

An Act authorizing the First Parish in Freeport to re= 
build or repair their Meeting House. 

Sec, 1. j5E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the First Parish in 
Freeport may, and hereby are authorized to choose May choose ap- 
and appoint three disinterested freeholders, neither of^'^'"'^' 
whom shall be inhabitants of said town of Freeport, to 
appraise, under oath, the value of said meeting house> 
and make a true estimate of the same in writing, with 
the value of each pew in the same ; and the same esti- 
mate or appraisal to deliver to the Clerk of said parish, 
to be by him recorded on the parish books, with the 
whole amount at which said meeting house shall be ap- 
praised, and the amount of each pew, or part of a pew, 
so appraised as aforesaid. 

Sec. 2. Be it further enacted. That said parish shall 
be, and hereby are authorized to take down said meeting 
house and rebuild the same, or repair said meeting bouse^ 
53 



41.0 MARBLEHEAD INS. CO. June 16, I8I7. 

as to them shall appear best ; and at the expirati(»n of 
eighteen months from the time they shall so take down, 
or commence the repair of said meeting house, they 
shall be holden to account with and pay to each indi- 
vidual to whom said Committee shall appraise or award 
the value of his or their pew, tlie full amount due him 
or them for the same, and on refusal, or neglect, shall 
be liable to an aetion by him or them for that amount. 
Sec. 3. Be it further enacted. That whenever said 
. parish shall repair or rebuild said meeting-house, they 
Dispose or pews, shall have full right and authority to dispose of the 
same, and the pews and room in the same, in such way 
and manner as they shall judge best for the interest of 
the parish ; and all agreements, covenants and contracts 
made by them to repair or rebuild said house, and to 
dispose of the same, when repaired or rebuilt, shall be 
good and effectual in law, to all intents and purposes 
whatever. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXIV. 

All Act in further addition to an act, entitled, "^^ An act 
to incorporate Isaac Story and others into a company, 
by the name of the Marblehead Insurance Company." 

JlSE it enacted h?f tJie Senate and House of 
Representatives, in General Court assembled^ and hy 
the authority of the same, That the further term of two 
years, from and after the seventeenth day of July next. 
Further time ai- be allowcd to thc Stockholders of the Marblehead 
sSnt".^"^ '"' Social Insurance Company, to pay in the residue of 
the capital stock of said company, amounting to fifty 
dollars on each share, and being the last moiety of 
their instalments of the capital stock of said company ; 
and that the said residue shall be paid in such propor- 
tions, and at such periods within the time mentioned, 
as the Directors of said company for the time being, 
shall order and appoint ; any thing in the act of incor- 
poration of said company to the contrary notwithstand- 
ing : Provided hoit'ever^ that nothing in this act shall 



LEXINGTON MINIS. FUND. June !«, ISir. 411 

be construed to exonerate or disciiargo the estates of 
the stockholders of said company from ])eing liable in 
the manner and for the purposes mentioned in said act, 
to which this is in addition. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXY. 

An Act to incorporate the Trustees of the Lexington 
Ministerial Fund. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the samCf That Joseph Fiske, Isaac persons incovpn- 
Hastings, Jonas Bridge, James Brown, and Abijah'**" ' 
Harrington, Esquires, be, and they are hereby consti- 
tuted a body politic and corporate, l^y the name of the 
Trustees of the Lexington Ministerial Fund, and they 
and their successors shall so continue a body politic 
and corporate, by that ndme forever ; and by the samq 
name may sue and be sued, in all actions, real, per- 
sonal 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 pro- 
per for the government of the Trustees, not repugnant 
to the laws of this Commonwealth ; and may always 
liave a common seal, and all deeds sealed with said 
seal, subscribed by the said Trustees, and duly ac- 
knowledged, shall be valid in law. 

Sec. 2. Be it further enacted. That the number of Number of Tms 
Trustees shall never be more than five, nor less than''^'" 
three, and a majority of them may be a quorum for do- 
ing business, and the seni(jr Trustee present shall act as 
Chairman; and the Trustees shall, at their annual 
meeting, which shall be in the month of March, ap- 
point a Treasurer and Clerk, who shall be sworn to the 
faithful pcrf(n-mance of their duty ; and the Treasurer 
shall give bonds with sufficient sureties, to the accept- 
ance of the said Trustees, faithfully to do and perform 
all the duties of his nfTico t and the said rov/n of T^ex- 



uz 



LEXINGTON MINIS. FUND. June 16, 1817. 



VaeanciM. 



ington. at any legal meeting thereof, shall have power 
to remove any of said Trustees, who may become unfit, 
from age, infirmity or misconduct, to discharge their 
duties, and to supply the vacancies so made ; and also 
such vacancies as may be occasioned by death, by a 
new Trustee, from the members of the Congregational 
society in said town, at any meeting called for that 
purpose ; and the said Trustees shall annually receive 
cempcnsation. sucli compensation out of the said fund, for any services 
they may perform, as the town may deem just and 
reasonable. 

Sec. 3. Be it further enacted, That all unimproved 
lands, tenements and hereditaments, all monies, chat- 
tels, rights or credits, 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 intent and purpose what- 
ever, as fully 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 gran- 
ted for the purposes aforesaid ; and upon such entry 
the said corporation shall be deemed and taken to be 
seized and possessed thereof, to every intent and pur- 
pose whatever ; and the said Trustees shall and may 
demand from any person whomsoever, all monies, se- 
curities or other property whatever, which have at any 
time heretofore been given for the purposes aforesaid ; 
and in their corporate name to have and maintain any 
action for the recovery thereof, apd also to receive any 
donation that may be hereafter given to the said Minis- 
terial fund ; and it shall be the duty of the said Trus- 
tees 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 thereof; and 
shall always loan upon interest the money belonging 
to the said fund, in such sums and for such term of 
time, not exceeding one year, as they may think 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, 
>vithout a mortgage on real estate to double the amount 



>Ione]r loaned. 



LEXINGTON MINIS. FUND. June 16, I8I7. 413 

of the sum loaned, as collateral security for the pay- 
ment thereof, with interest annually ; or they may vest vest numey in 
such 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. 

Sec; 4. Be it further enacted, That if said Trus- 
tees 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 be des- 
titute 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 report annually in the month of May, 
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 Forfeiture. 
thirty dollars, and the further sum of thirty dollars per 
month afterwards, until they shall make payment of 
such claims, when it is in their power to do so. 

Sec. 5. Be it further enacted, That when the in- 
come 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 des- 
titute 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 towu 
Treasurer ; and is hereby appropriated for the mainte- 
nance of schools in said town, as shall be annually 
agreed upon by them, in the month of May. 

Sec. 6. Be it further enacted, That said Trustees 
shall be amenable to said town, for negligence or mis- Trustees amena- 
conduct, in the management of said fund, whereby the '^^"^ ^ '"'"' 
same shall be impaired, or suffer loss, waste, or dimi- 
nution ; and the inhabitants of said town may have and 
maintaia a special action of the case against the proper 



414 LEXINGTON MINIS. FUND. June 16, 1817. 

persons of said Trustees, and goods and estates, jointly 
and severally, for such negligence or misconduct, and 
Recover damage, recover adequate damage therefor ; and any sum so re- 
covered, shall be deemed f^»r the benefit of said fund, 
and shall be paid to the said Trustees accordingly. 
Sec. 7. Be it further enacted ^ Tliat the Treasurer 
- of said Trustees shall be the receiver of all monies and 
effects which may be due, and coming to them in their 
official capacity : and in their name may demand, sue 
for, and recover the same, unless prohibited by them : 
And the said Treasurer shall have the care and custo- 
dy of all the monies and effects, obligations, and sure- 
• ties for the payment of money, and all evidences of 
property belonging to the said fund, and shall be ac- 
countable to the Trustees therefor ; and shall dispose 
of the same as they shall order and direct ; and shall 
Treasnrrr to rcn- render au account of his proceedings, together with a 
ei account. ^^.^ ^^^ TCgular Statement of the property and eviden- 
ces 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 ofBce, all the 
books and papers, property, and evidences of property 
in his hands, in good order and condition ; and if he 
shall fail so to do for the space of thirty days, after his 
successor shall have been duly appointed and qualified, 
he shall forfeit and paj^ a fine of fifty dollars, and a 
further sum of forty dollars per month, for such failure 
or neglect afterward. 

Sec. 8. Be it farther enacted^ That the Clerk of 
said corporation shall have the care and custody of all 
records and documents belonging to said Trustees ; and 
shall carefully and fairly record all their votes and 
proceedings ; also a statement of their funds and estate 
in their hands, in a book kept for that purpose, and 
Certify proceed- shall ccvtlfy all hls proceedings when thereunto requi- 
"'^" red ; and he shall call and notify meetings of the cor- 

poration, 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 in- 
cumbent 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 



DAMARISCOTTA-JSOCIETY. June 16, I8I7. 410 

dollars, and thirty dollars for every month's detention 
afterwards. 

Sec. 9. Be it further enacted, That any Justice of 
the Peace for the county of Middlesex, upon applica- 
tion therefor, is hereby authorized to issue a Avar rant, issue warrant, 
directed to either of the aforesaid Trustees, requiring 
hira to notify and Avarn a meeting of said Trustees, to 
meet at such time and place as shall be appointed in 
said warrant, to organize the said corporation, by the 
appointment of its officers. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXVI. 

An Act to incorporate the Damariscotta Congregational 
Society, in the town of Nobleboiough. 

Sec. 1. 15E zi enacted by the Senate and House of 
Ilepresentatives, in General Court assembled, and by 
the authority of the same, That George Barstow, Beu-p^^^onsincorpo^ 
jamin Barstow, Junior, James Barstow, Samuel Bal- 
lard, Nathaniel Bryant, Junior, Israel Chapman, Sd, 
Nathaniel Clapp, Stephen Coffin, Nathaniel Church, 
Daniel Day, Robert Day, David Dennis, Ebenezer 
Farley, Jesse Flint, Junior, John Glidden, Junior, 
Joseph Glidden, Simon Handley, Jacob Harrington, 
Harry Hazelton, Joel How, Junior, Job Hussey, Sol- . 
omon Hutchins, Richard Jennings, William Melcher, 
Junior, Joseph Merrill, William Metcalf, George 
Reid, Jacob Sleeper, Francis Tufts, James Turnbull, 
John Turnbull, William Tarnbull, Richard Wilkin- 
son, and William Worcester, with their families and 
estates, together with such others as may hereafter as- 
sociate with them, and their successors, be, and they are 
hereby incorporated for religious purposes onlj', as a re- 
ligious society, by the name of the Damariscotta Congre- 
gational Society ; and for this purpose shall have all tli© 
powers and fJiivileges, ilWd be subject to all the duties Po^t'^anu pHm- 
and disabilities of other religious societies, according 
to the Constitution and laws of this Commonwealth. 



^ii^ LAND ANNEXED TO DALTQK . Jmie IG, I8I7. 

Sec. 2. 'Be it further enacted^ That any person in 
the said town of Nobleborougli, being of any other re- 
ligious denomination, who may desire to join with the 
said Congregational society, shall declare such desire 
and intention in writing, to the Minister, Deacons, or 
Clerk of the said society, (for the time being,) and shall 
also give a copy of Ihe same declaration to the Clerk 
of the town, fifteen days before the annual town or so- 
ciety meeting, and shall receive a certificate of admis- 
sion, signed by the said Minister, Deacons, or Clerk, 
(for the time being,) that he or she has united with the 
said Congregational society, such person, with his or 
her polls and estate, shall be considered from the date 
of said certificate, as members of the said Congrega- 
tional society. 

Sec. 3. Be it further enacted, That when any mem- 
ber of the said Congregational society, may see cause 
to secede therefrom, and to unite with any other reli- 
gious society in the said town, the same forms and 
process, mutatis mutandis, shall be had and done as is 
prescribed in the second section of this act, and shall 

provLo. have the same effect ; provided however, that in every 

case of secession from one religious society, and join- 
ing another, every such person shall be holden to pay 
his or her proportion or assessment of all parish or so- 
ciety taxes and expenses remaining due, and unpaid at 
the time of such secession. 

Sec. 4. Be it further enacted. That any Justice 

Issue warrant, of the Pcacc for the couuty of Lincoln, is hereby em- 
powered, upon application therefor, to issue a warrant 
directed to a member of said Congregational society, 
requiring him to notify and warn the members thereof, 
to meet at such convenient time and place as shall be 
appointed in said warrant, to organize the said society, 
by the election of its officers. 

[Approved by the Governor, June IG, 1817.] 



CHAP. XXVIL 

An Act to annex a certain tract of land to the town 

of Dj i ftu. l^^n,^:!^^ 

JdE it enacted by the Senate and House of 
JRejpresentatives, in General Court assembled^ and by 



SECOND PAR. DORCHESTER. June 16, I8I7. 417 

the authority of the same, That all that tract, or gore 
of land, lyiug between the towns of Waldoborough and 
Union, in the county of Lincoln, and bounded by said 
Waldoborough on the south, and by said Union on the 
north and east, with the inhabitants living on the same, 
be, and it hereby is annexed to the said town of Union : 
And the said town of Union shall hereafter extend to, Boundaries. 
and be bounded by the said town of Waldoborough, 
the whole distance from the town of Warren to the 
town of Putnam. 

[Approved by the Governor, June 16, I8I7.] 



CHAP, xxvni. 

An Act in addition to an act, entitled, "An act to in- 
corporate a number of the inhabitants of the town of 
Dorchester, in the county of Norfolk, into a religious 
society, by the name of the Second Parish in Dor- 
chester. 

Sec. 1. JjE it enacted hy the Senate and House of 
llepresentativeSf in General Court assembled, and by 
the authority of the same, That the polls and estates 
and property of the present members of the said second 
parish in Dorchester, and all other persons who may 
hereafter become members of said second parish, and 
the property they shall respectively hold or occupy on 
the first day of May annually, in the town of Dorches- 
ter, shall be taxable in said second parish, and in that Property taxed. 
only, for parochial purposes. 

Sec. 3. Be it further enacted, That whenever any 
person, being an inhabitant of said Dorchester, shall 
desire to become a member of said second parish, such 
membership shall be certified by a Committee of said 
second parish, chosen for that purpose, and filed with 
the Clerk of the town or parish to which he or she be- 
longs, and the certificate of such Committee may be as Certificate. 
follows : We certify that of the 

town of Dorchester, is a member of the Second Parish 
in Dorchester ; dated this of A.D, 

18 Committee, The said 

54 



118 SECOND PxUl. DOIICHESTEII. June IG, 1S17 

certificate to be filetl as aforesaid, ou or before the fiist 
(lay of May, annually ; and sucli person or persons, 
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 considered as a member of said second 
parish. 

Sec. 3. Be it further enacted, That if any member 
of said second parish shall see cause, or be inclined to 
leave said parish, 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 mem- 
ber of, and united in religious worship in such other 
parish or other incorporated 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 polls and estate be considered as a 
member of the society to which he or she may so 
unite. 

Sec. 4. Be it further enacted, That the income of 
Income of land the ministerial land, so called, which was given and set 
twe'en parishes, off for the usc aud maintenance of the ministry, and the 
income of all other ministerial land and property which 
shall be used for the support and payment of the Minis- 
ters 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 
compared and ascertained by the assessors of the three 
parishes, and to be drawn from the town treasury ac- 
cordingly. 

Sec. 5. Be it further enacted, That all the ministe- 
rial taxes, assessed and collected within the town of 
Dorchester, on estates belonging to non-residents shall 
be divided between tlie first, second and third religious 



LYNN ACAD.—S. BOS. TURN. Jinie 16, 1817. 119 

societies, in tiie ratio established for the division of the 
income of tlie ministerial land and property. 

[Approved by the Governor, Jnne 16, I8I7.] 



CHAP. XXIX. 

An Act to repeal an act. cnitled ^* An act to incorporate 
certain persons as Trustees of an Academy, in tlie 
town of Lynn, in the county of Essex.'' 

XfE it enacted by the Senate and House of 
Mepresentatives^ in General Court assembled, and by 
the authority of the same, That the act, entitled »• An 
?.ct to incorporate certain persons as Trustees of an 
Academy, in Lynn, in the county of Essex, be, and 
the same is hereby repealed: Provided nevertheless, \x-x rei«:uied. 
that the said corporation shall be holden to pay and 
discharge all debts, which they, in their corporate ca- 
pacity, may have contracted ; and to fulfil all contracts, 
which they have made, as though this act had not 
passed. 

[Approyed by the Governor. June 16, 1317.] 



CHAP. XXX. 

An Act in addition to an act, entitled »'» An act to es- 
tablish the Taunton and South Boston Turnpike 
Corporation. 

15 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That if any person shall 
travel on the road of said Corporation, with any horse?, 
carriages, or any other thing liable to pay toll for pass- 
ing the gates on said road, and shall turn ofl* the same 
when coming near to either of the gates tliereon, with 
intent to avoid paying the toll, and tiien come on said 
road again, notwithstanding it mar have been where 



4S0 SIXTHTURN. LAND ANNEXED. June 16,1817. 

the turnpike was made on tlie old road, shall be liable 

Penalties for to all the penalties provided by law, for refusing or 

mentoftoiT avoiding the payment of toll: Provided, any part of 

said travelling on either side of the gate, be on that part 

of the turnpike not made on the old road. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXXI. 

An Act in further addition to an act, entitled, " An act 
for establishing a Corporation by the name of the 
Sixth Massachusetts Turnpike Corporation." 

' JDE if enacted by the Senate and House of 

Gate esiaWish- Representatives, in General Court assembled, and by 
the authority of the same, That the gate, erected on the 
Sixth Massachusetts Turnpike road in the town of 
Hutland, be, and hereby is established where the same 
is now placed ; and that the Sixth Massachusetts 
Turnpike Corporation have a right to receive thereat 
the same toll as established in the act, to which this is 
in addition : Provided, that the inhabitants of Barre 
and Petersham shall be compelled to pay but half toll 
in going to and returning from Worcester. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXXII. 

An^Act to set off a part of the town of Penobscot, and 
annex the same to the town of Castine. 

Sec. 1. JjE it enacted by the Senate and House of 
Fart of town Representatives, in General Court assembled, and by 
the authority of the same, That that part of the town 
of Penobscot, in the county of Hancock, hereafter des- 
cribed, and the inhabitants thereon, be annexed to the 
town of Castine, in said county, viz. : that part of said 
Penobscot lying between Penobscot and Castine rivers, 
and southerly and westerly of the following lines, viz.: 



J. MAN SET OFF. June 16, 1817. 4iSl 

beginning at the first narrows in Castine river, on the 
northerly line of Lot Number sixty, laid out to Pela- 
tiah Freeman, deceased, and surveyed by John Peters 
and John Peters., Juu. ; thence on the northerly line of 
said Lot Number sixty, north-westerly to the centre 
line ; thence northerly on the centre line, to the south- 
erly line of Lot Number twenty-two; thence westerly 
to the easterly end of Lot Number twenty-three ; thence, 
northerly on the head or easterly end of Lot Number 
twenty- three, and continuing the same course to the 
stream which empties into Morse's Cove, so called ; 
thence down said stream to said Cove. 

Sec. 2. Be it further enacted, That the inhabitants 
of the said part of the town of Penobscot, by this act 
annexed to the said town of Castine, shall be holden to 
pay such taxes as have been assessed, or ordered to be HoWen to pay 
assessed on them by the said town of Penobscot, pre-^*"^^' 
vious to passing of this act. 

Sec. 3. Be it further enacted, That in all state taxes, 
which shall hereafter be granted by the General Court 
of this Commonwealth, until a new valuation shall be 
settled, one quarter part of the taxes which would have 
been set to the town of Penobscot, according to the last 
valuation, shall be taken therefrom and set to the town 
of Castine. 

Sec. 4. Be it further enacted, That no person who 
is now supported wholly or in part, by any town in this 
Commonwealth, shall, by the passing of this act, there- 
by gain a settlement in said town of Castine. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXXIIl. 

An Act to annex Jacob Man, and his estate, to the 
First Parish in Wrentham. 

15 E it enacted by the Senate and House of 
Mepresentativps, 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 however, that the said 



423 SMOKED AND PICKLED FISH. June 16, 1817. 

Jacob Man shall be holden to pay his assessment of 
HoWentopay all parish or society taxes and expenses, legally as- 
sessed, and not paid prior to the date of this act. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXXIV. 

An Act in addition to the several acts concerning the 
curing, packing, and exportation of Smoked and' - 
Pickled Fish. 

Sec. 1. JKE it enacted hy the Senate and House of 
Representatives^ in General Court assembled, and hy 
the authority of the same, That if any smoked fish 
shall be put on board of any boat, vessel, or carriage 
of conveyance, within this Commonwealth, with intent 
to sell or export the same, unless said fish shall have 
Fish to be in- been inspected, and the casks and boxes containing the 
*^^*'^ ■ same, shall have been branded agreeably to the provis- 
ions of this act, and those to which this is in addition, 
it shall be lawful for any Justice of the Peace, in the 
same county, upon complaint made to him, to issue his 
Justice to issue Warrant to the Sheriff, or his Deputy, or to any Con- 
wanant. stable of the town, where such boat, vessel, or carriage 
of conveyance may be, requiring them respectively, to 
seize and secure said fish, and carry the same to the 
Inspector General, or one of his Deputies, which ever 
may be nearest the place where said boat, vessel, or 
carriage may be ; and said Inspector General, or Depu- 
ty Inspector, is hereby authorized and required, to open 
and inspect, and to pack and brand the same, in the 
same manner as is prescribed in the act to which this 
is in addition, passed the ninth day of February, in the 
year of our Lord one thousand eight hundred and eight. 
And it shall be lawful for said Inspector General, or 
Fish detained. Dcputy Inspector, to detain the said fish, until the ex- 
penses and charges of seizure, inspection, packing, and 
all other charges arising from such seizure, shall be 
paid. And it shall be the duty of every person, when 
required, to give necessary aid to the officer having 
such warrant, on pain of forfeiting five dollars for his 



FIRST CON. SOC. SxiLEM. June 16, I8I7. 433 

refusal, to be recovered by action of debt, or on the 
case, before any Court proper to try the same ; and by 
any person who will prosecute therefor. 

Sec. 2. Be it further enacted, That the fees for inspcetoi-'s fees, 
inspecting, packing, and branding smoked herrings 
and alewives, in the manner prescribed in the act pass- 
ed on the ninth day of February, in the year of our 
Lord one thousand eight hundred and eight, to which 
this is in addition, shall be five cents for each box, 
to be paid by the purchaser, one cent of which shall 
be allowed to the Inspector General. 

Sec. 3. Be it further enacted^ That no pickled or 
smoked fish, which shall be brought into this Common- 
wealth, from any other state or government, shall be 
sold, or ofl'ered for sale, before the same shall have 
been regularly inspected, according to the provisions 
of this act, or the acts to which this is in addition. And 
each and every person, who shall buy or sell, or offer 
for sale, any pickled or smoked fish, which shall be 
brought into this Commonwealth, from any other state 
or government, before the same is regularly inspected 
as aforesaid, shall severally forfeit and pay five dol- Foifeiture. 
lars for each and every hundred pounds weight, so 
bought or sold ; to be recovered by any person who 
shall prosecute for the same, by action of debt, or on the 
case, before any Court proper to try the same. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XXXV. 

An Act declaring and confirming the incorporation of 
the First Congregational Society, in Salem. 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives, 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 thepiopnetorsof 
pews, in the meeting-house, in Salem, in the county of {;^'|y' j]J|*,fj^^.* 
Essex, in which the reverend Jolin Prince officiates as ai^ii corporate 
Pastor, be, and they hereby are, declared and confirm- 
ed to be a body politic and corporate; by the name of 



i^ FIRS r CON. SOC. SALEM. Jane 16, ISir. 

the First Congregational 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 belonging to, 
and possessed and enjoyed by the said proprietors, to- 
gether with the privileges and appurtenances to the 
same belonging ; and the said corporation shall be, and 
they hereby are further authorized and empowered to 
May hold es- take and hold any other estate, as well real as personal, 
*"*®' the annual income whereof shall not exceed the sum of 

five thousand dollars. 

Sec. 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 Congrega- 
tional society, shall be under the care and management 
of tlie Committee hereinafter mentioned, or of such 
other Committee, or Trustees, as the said corporation 
shall appoint for that purpose ; and all such gifts, 
grants, devises, and bequests, shall be faithfully appro- 
priated, according to the intention of the donors there- 
of : And it shall never be in the power of said cor- 
poration to alienate or to alter the appropriation of such 
gifts, grants, devises, and legatees. 

Sec. 3. JBe it further enacted^ That the said cor- 

Meet annually, poration 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 maner 

hereinafter mentioned ; at such other times as shall be 

necessary : And at such annual meetings, after having 

Choose Mode- choscu a Moderator, shall choose a Clerk, who shall 

vator. Clerk, ^^ ^^^^^,^ ^^ ^^^^ 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 office during the year, and until 
others shall be chosen in their stead : Provided how- 
Proviso. ever, 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 affairs of said corporation, in 
like manner as the Committees of said proprietors have 
heretofore been used to manage the affairs of said soci- 



BLOOMFIELD MINIS. FUND. June 16, ISir. 42.1 

ety ; and shall further have tlie like power and autho- 
rity, as are by law vested in tlie Assessors and Com- 
mittees of precints or parishes. 

Sec. 4. Be it further enacted. That all sums of 
money for the settlement and maintenance of a Pastor, 
or Pastors, for the repairs cind alterations of tiie meet- 
ing-house, for defraying the expenses of public wor- Expenses, 
ship, and for other uses of said corporation, 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 remedies 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 other manner of as- 
sessing and collecting such monies, as they maj' think 
advisable. 

Sec 5. Be it further enacted, That the said corpo- 
ration shall be entitled to all the privileges heretofore Pmiiegoi. 
in fact enjoyed by said proprietors, and shall be bound 
by all contracts heretofore in fact made by said pro- 
prietors, as well with their present Pastor as with other 
persons, and shall be subject to all the duties to which 
the said proprietors have heretofore in fact been subject. 

Sec. 6. Be it further enacted, That the meetings of Meeting?. 
said corporation shall be warned in such manner as 
said corporation shall at any annual meeting determine, 
and the first meeting of said corporation whicii shall be 
Ijolden 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. 

[Approved by the Governor, June 16, 1817.] 



CHAP. XXXVI. 

An Act to establish a Ministerial Fund in the town of 
Bloomfield, and to incorporate the Trustees, for the 
management thereof. 

Sec. i. JjE it enacted hydhe Senate and House of 
Representatives, in General Court assembled, and hij 
55 



426 BLOOMFIELD MINIS. FUND. June 16, I8I7. 

the anihor'ity of the same, That Bryce M'Lellan, John 
Kimball, Piekarrl Jewitt, Seth Wyman, .Junior, John 
Weston, Solomon Stewart, and Brooks Dascomb, be, 
and they are hereby constituted and made a body poli- 
tic and corporate, by the name of tlie Trustees of tlie 
Ministerial Fund, in the town of Bloomiield, with all 
the powers and privilei^es incident, and usually given 
to corporations, of a like nature and purpose. 

Sec. 3. Be it farther enacted^ That the said Trustees 
shall, forever hereafter, in the month of March or April, 
Annual racet- aunually, and at such other times as may be found ne- 
ofofficeis"''^^ cessary for the regular doing of their business, Iiold 
meetings in the said town of Bloomiield, at such time 
and place, as a majority of the said Trustees, for the 
time being, shall appoint and direct, by advertisement, 
posted up in some public place in said town, seven 
days at least, before such meeting ; and at the said 
annual meeting, the said Trustees shall appoint a Pre- 
sident to preside in their meetings ; a Clerk to record 
their votes and proceedings, in a book or books, for 
that purpose to be provided and kept ; and a Treasurer 
to receive and apply the monies, as is herein directed : 
Yacancj sup. And whcn any vacancy shall happen, by the death, 
resignation, or remov.al out of the town, of any Trustee, 
such vacancy shall be supplied by an election from the 
freeholders, at the next annual town meeting which 
may be held thereafter. And the said Trustees, for 
Tower of Trus- the time being, shall have power to remove any one of 
their number, who may from age, infirmity, miscon. 
duet, or other cause, have become incapable of dis- 
charging the duties of a Trustee. 

Sec. 3. Be it further enacted, Tliat it shall be the 
nntyofTnis- dutj of the Said Trustees, and their buccessors in 
office, to receive and manage all monies now raised and 
appropriated as a fund, for the support of the ministry, 
in the said town of Bloomfield ; and also to receive, 
manage, and improve all such estate, real, personal, 
and mixed, as may be hereafter added to the said fund, 
for the purpose aforesaid, by gift, grant, devise, or 
otherwise, by operation of law, not exceeding in the 
whole, the amount or value of ten thousand dollars, in 
such w ay and manner, as in their judgment will best 



plied. 



tees. 



tees 



BLOOMFIELD MINIS. FUND. June 16, 1817. 427 

obtain and secure the end of the investments of the 
said funds, and this act of incorporation. 

Sec. 4. Be it further enacted, That all monies 
coming to the said Trustees, in their corporate capaei- 
tjj shall be loaned on interest, and secured by the MoiRy loanea. 
bond or note of the borrower, with sufficient surety or 
sureties, or by his bond or note, with mortgage on real 
estate, to the satisfaction of the said Trustees ; or they 
may invest all, or any part of said monies in public 
funded securities, or bank stock, as they may judge 
best ; and the interest only of the said fund, shall be 
applied to, and for the support of the Congregational 
Minister, (for the time being,) settled in the said town ; 
or the said annual interest, or income, may remain for 
a longer time in the hands of the said Trustees, to in- 
crease the principal of the said fund, as the inhabitants 
of the said tow n, at a legal meeting, to be called for 
that purpose, may by a major vote determine and di- 
rect ; 'provided, that the principal of the said fund, shall Piom5«>. 
at no time exceed the amount or value of ten thousand 
dollars : And the said town shall not have power to 
alienate or change the appropriation of the said fund, 
for the support of such Congregational Ministers, as 
aforesaid, or to alter, or diminish the principal thereof ; 
if by such alienation, alteration, or diminution, the said 
principal shall be reduced to a less sum than ten thou- 
sand dollars. 

Sec. 5. Be it further enacted, That the said Trea- 
surer, before entering on the duties of his said office, 
shall give his bond to the said Trustees, and their sue- Treasurer to 
cessors in office, with sureties to the satisfaction of the s'^'^ ''""J- 
said Trustees, for the faithful discharge of the duties of 
Ids office ; and the said Treasurer shall be the receiver of Duties of Trea- 
all monies and effects, due, owing, or coming to the^"'"- 
said Trustees, and shall have the care and custody of 
all monies, effects, obligations, securities, and eviden- 
ces of property, belonging to the said fund, to be ac- 
countable therefor; and shall annually render a fair 
and regular account of all his doings, and of the pro- 
perty and effects in his hands, whenever thereto requi- 
red by the said Trustees, and shall dispose tliercof as 
they shall order and direct : and shall deliver over to 
his successor in the same office, all the books, papers, 



428 BLOOMFIELD MINIS. FUND. June 16, I8I7. 

property, and evidences of property, in liis Lands, in 
good order and condition ; and the said Trustees shall 
every year, at the annual town meeting, in March or 
April, exhibit to the town a statement of their accounts 
with the Treasurer, expressing the receipts and pay- 
ments, with the state of the funds ; and the said town 
may, at their discretion, appoint Auditors to examine 
said accounts and vouchers, and report to the town 
the state of said funds. 

Sec. 6. Be it farther enacted, That the said Trus- 
;\ftouritHbiiity tecs, and their successors, shall be accountable to the 
01 iiustees. g^jj town of Bloomficld, for the faithful use and appli- 
cation of the said fund, and shall be liable, each one in 
bis own private property and person respectively, for any 
gmbezzlement, negligence, or misconduct in his said 
capacity as a Trustee ; and the said town of Bloom- 
ileld may commence and prosecute to final judgment 
and execution, on action of trespass on the case, against 
the said Trustees, or any of them, or their successors, 
for any such embezzlement, negligence, or misconduct ; 
and all damages recovered in such actions, shall be ap- 
plied to increase the said ministerial fund ; and when- 
ever judgment shall be rendered against any one or more 
of said Trustees, in such action, such Trustee, or Trus- 
tees shall be held and considered thereby to be remo- 
ved from his or their said trust, and the vacancy or 
vacancies so happening, shall be supplied in the same 
manner as is before provided, in the second section of 
this act. 

Sec. 7« Be it further enacted, That the Trustees and 
the other officers, for any services they may perform, 
Cornijensation. shall be entitled to no compensation out of any money 
arising from the said fund ; but a reasonable compensa- 
tion may be made to them by the said town as they 
may think just ; and the said Trustees and their suc- 
cessors, and each of them, whether they be officers or 
not, shall be responsible to the said tow n of Bloomficld, 
for their personal neglect and misconduct, and shall 
be liable to prosecution for any loss or damage result- 
ing thereby to the funds aforesaid, and the debt or 
damage recovered in such suit, shall be added to the 
said fund. 

Sec. 8. And he itfiirtlien enacted, That any Justice 



METHODIST SOC. DRESDEN. June 16, 1817. 429 

of the Peace, for the county of Somerset, upon applica- 
tion tlierefor, is hereby empowered to issue a warrant, Justice to issue 
directed to one of the Trustees named in this act, le-^^'^''"*- 
quiring him to notify and warn the first meeting, at such 
convenient time and place as shall be appointed in the 
said warrant, to organize the said Corporation, by the 
election and appointment of its ofi&cers ; and being so 
met, may agree upon and settle the mode of calling fu- 
ture meetings, and also to do any other business which 
may then properly come before them. 

[Approved by the Governor, June 16, 1817.] 

CHAP. XXXVII. 

An Act to incorporate a number of persons, by the 
name of the Methodist Society in Dresden. 

Sec. 1. JdE 2^ enacted by the Senate and House of 
RejJresentatives, in General Court assembled, and by 
the authority of the same, That Turner Barker, Hen- Persons mcoi- 
ry Barrett, Samuel Bishop, Gilmore Blen, Harrison p^^'^'^'^ 
Bleu, Edmund Bridge, Charles Call, Obadiah Call, 
Obiidiah Call, Junior, James H. Clancy, John Goud, 
.Tames Goud, William Goud, Louis Houdlette, Louis 
Hondlette, Jun. George Houdlette, Francis Houdlette, 
Philip Houdlette, William Lewis, Charles Mayer, 
Charles Mayer, Jun. Gideon Meserve, Reuben Me- 
serve, Daniel Palmer, Samuel Patterson, James H. 
Patterson, .Tohn Polereezky, Joshua Pray, James Pu- 
shore, Jacob Reed, Jonathan Reed, David Reed, John 
Rittal, James Rittal, Francis Stilphen, George Stil- 
phen, Charles Thayer, George Theobold, John Turn- 
er, John Turner, Jun. James Turner, Clarkson Turn- 
er, Levi Woodward, and Samuel Woodward, with 
their families and estates, together with such others as 
may hereafter associate with them and their successors, 
in the manner provided by this act, be, and they are 
hereby incorporated as a religious society, by the name 
of the Methodist Society in Dresden, with all the pow- Powcrandpri. 
ers and privileges which are exercised and enjoyed, '''^^sfs 
and subject to all the duties and disabilities of other 



430 



METHODIST SOC. DRESDEN. June 16, 1817. 



Certificate. 



Secession. 



"Warrant for 
tr&t meeting. 



religious societies, according to the Constitution and 
laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any person be- 
longing to any other religious society in the said town 
of Dresden, who may desire to become a member of 
the said Methodist society, shall declare his or her 
intention in writing to the Minister or other senior pre- 
siding officer of the said society, for the time being, and 
shall also deliver a copy of the same declaration to the 
Town Clerk, fifteen days before the annual town meet- 
ing ; and if such person doth receive and can produce a 
certificate of admission to membership, signed by the 
Minister, or other senior presiding officer of the said 
Methodist society, for the time being, such person, 
with his or her polls and estate, from the date of such 
certificate, shall be considered as members of the said 
Methodist society ; and the said certificate shall oper- 
ate and have the effect to exonerate such person from 
taxation for the support of the ministry of any other 
religious denomination, in the said town. 

Sec. 3. Be it further enacted, That when any mem- 
ber of the said Methodist society in Dresden, may see 
cause to leave the same, and to unite with any other 
religious society in the said town, the same form and 
process shall be had and done, mutatis mutandis, as 
is prescribed in the second section of this act, and 
shall have the same effect : Provided however, that in 
every case of secession from one society and joining 
another, every such person shall be holden in law to 
pay his or her proportion of all parish or society taxes 
and expenses, legally assessed or remaining due and 
unpaid at the time of such secession. 

Sec. 4. And be it further enacted. That any Justice of 
the Peace, for the county of Lincoln, is hereby empow- 
ered, upon application therefor, to issue a warrant, di- 
rected to a member of the said Methodist society, re- 
quiring him to notify and warn the members thereof to 
meet at such convenient time and place as may be ap- 
pointed in the said warrant, to organize the said socie- 
ty, by the election and appointment of its officers. 

[Approved by the Governor, June 16^ 1817-] 



PUB. WORSHIP PITTSFIELT). Jnm 10, 1817. 431 



CHAP. XXXVIII. 

An Act respecting tlie support of Public Worship in 
the town of Pittsfield. 

Sec. 1. JdE it enacted hy the Senate and House of 
Jlepresentatives^ in General Court assembled^ and by 
the auihority of the same, That all laws heretofore luadcLaT^s rc^jeaied. 
and passed, by force of which 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 nev- Proviso. 
ertheless, that said Union Parish, and also the First 
Parish, so called, in said town, shall still continue to 
exist so far as to enable either of them to carry any le- 
gal contract by either of them respectively, 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. 

Sec. 2. Be it further enacted. That for the future, 
the inhabitants of said Union Parish and said First 
Parish, so called, therein shall and may unite, and 
shall have power, and be lield as a town or parish to 
choose settle, and make provision for the support of a 
public teacher^ or teachers of piety, religion, and mo- PuWic teauii- 
rality, and of the public worship of God in said town,*^^ 
in the same way and manner as other towns are author- 
ized and held by law to do, and as the said town of Pitts- 
field was authorized and held to do previous to its di- 
vision into parishes, any law, usage or custom to the 
contrary notwithstanding. 

Sec. 3. Be it further enacted^ That the articles of Articles con- 
agreement entered into by said parishes, as the founda-^""'^''' 
lion of their union, be, and the same are hereby ratified 
and confirmed, and declared to be binding upon said 
town : Provided however, that the said articles of agree- Proviso, 
ment are not contrary to the Constitution and laws of 
this Commonwealth. 

[Approved by tbe Governor; June 16, 18 17.] 



432 



NORSET COVE CANAL. 



June 16, 1817. 



CHAP. XXXIX. 

An Act to incorporate certain persons for the purpose 
of opening a Canal from the head of Norset Cove to 
Boat Meadow Creek. 



porated. 



May sue and 
be sued. 



Sec. 1. OE it enacted by the Senate and House of 
Mejpresentaiives, in General Court assembled, and by 
the authority of the same, That Michael Collins, Ne- 
persons incor- hcHiiah Smith, Asa Higgins, Freeman Hopkins, Rich- 
ard Sherman, Barnahas Doane, Edward C. Clark, and 
their associates and successors, shall he a corporation 
and body politic, for the purpose of opening and keep- 
ing open a canal from Norset Cove to Boat Meadov/ 
Creek, under the name of the Proprietors of the East- 
ham and Orleans Canal ; and by that name may sue 
and prosecute, and be sued and prosecuted, to final 
judgment and execution, and do and suffer all other 
matters and things which bodies politic may or ought 
to do and suffer. And the said Corporation may and 
shall have full power and authority to make, have and 
use a common seal, and the same to break and renew 
at pleasure. 

Sec. 3. Be it further enacted, That if it shall so hap- 
pen that any individual or body corporate shall be dam- 
aged in his or their lands or marsh adjoining said ca- 
nal, by cutting and keeping open the same, the dama- 
ges so done shall be recompensed by the proprietors 
thereof, in such sums or proportions 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 proprietors of said canal, if any damage shall be 
assessed by said jury. 

Sec 3. Be it further enacted, That it shall be the 
duty of said proprietors to make and keep in goo J re- 
pair, at all times, good and suflBcient bridges over said 
canal, where 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 necessary for the 
public convenience. 



Damages. 



Siidjjes. 



PENOBSCOT IlIVEll FISH. June 16, I8I7. 433 

Sec. 4. Be it farther enacted^ That the said pro. 
prietors shall have full power to build any wharf orMaybuiid 
wharves which may be necessary to facilitate the trans- "'""^'^ 
portation through the same. 

Sec. 5. Be it further enacted^ That if the said pro- 
prietors 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. 

Sec. 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 proprie- 
tors the following toll, viz: Every boat, of the bur- Rates of mi. 
then of one ton, ten cents ; and the same proportion for 
vessels of a larger size ; lumber twenty-five cents per 
thousand 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. 

Sec. 7' Be it further enacted, That Jonathan Bas- 
com, Esq. be, and he is hereby empowered and direct- 
ed to issue his warrant to one of the proprietors afore- 
said, requiring him to notify a meeting of the proprie- 
tors in manner as the law directs ; and the pro- 
prietors, at said meeting, shall choose a Clerk, whoPropiieforsjo 
shall be sworn to the faithful discharge of his duty,'^°°'"°^'^*^''- 
and all other needful officers, for managing the busi- 
ness of said proprietory, which they shall have power 
to choose from time to time, afterwards, as necessary ; 
and said proprietors shall agree on a method for call- 
ing future meetings. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XL. 

An Act repealing in part, an act in addition to an act, 
entitled, " An act for the preservation of Fish in Pe- 
nobscot river and bay, and the several streams emp^ 
tying into the same. 

JbE it enacted hy the Senate ami House of 
liepresentatives, in General Court assembled^ and hy 
56 



484! FIRST CON. SOC. HAMPDEN. June 16, I8I7. 

ihe authority of the same, That the first section of an 
act in addition to an act, entitled, ^' An act for the 
preservation of fish in Penobscot river and bay, and the 
several streams emptying into the same," so far as it 
relates to any wear or wears which are or may be erect- 
ed in Penobscot river or bay, southerly of Sandy Point, 
so called, on the westerly side of said river, and the 
northerly line of Penobscot, on the easterly side of said 
Act repealed. livcr, be, and the same is hereby repealed. 

[Approved by the Governor, June 16, I8I7.] 



CHAP. XLI. 

An Act to incorporate the First Congregational Soci- 
ety in Hampden, in the county of Penobscot. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That John Crosby, Jededi- 
ivrsons incor- all Herrick, John Godfrey, Reuben Young, Jonathan 
i,orated. Haskius, Ebenczcr Crosby, William Crosby, Charles 
Godfrey, Abel Hardy, Samuel Hardy, Amos Hardy, 
Robert Wheeler, Benjamin Crosby, John Wheeler, 
Elias Dudley, Daniel Wheeler, John Crosby, Junior, 
John Wallace, and Levi Holt, with their families and 
estates, together with such others as may hereafter as- 
sociate with them, and their successors, be, and they 
hereby are incorporated, as the First Congregational 
Society in Hampden, in the county of Penobscot, for 
religious purposes only, with all the powers and privi- 
leges, and subject to all the duties of other religious 
societies, according to the Constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That any person 
who may be desirous of becoming a member of the 
said first Congregational society, and shall declare 
such intention in writing, given to the Cleik of said 
society, ten days prior to the annual parish meeting, in 
Ceitiacate. March or April, and shall receive a certificate thereof, 
signed by the said Clerk, that he or she has actually 
become a member of, and united in religious worship 



FIRST CON. SOC. HAMPDEN. June 16, 1817. 4-35 

with the said first Congregational society, such person 
shall be considered, with his or her polls and estate, 
as a member of said society : And when any member 
of said first Congregational society, shall desire to 
leave the same, and unite in religious worship with 
any other religious society in said town, and shall 
give notice of such intention, in writing, to the Clerk 
of said society, and shall also give in his or her name 
to the Clerk of such other society, ten days previous 
to the annual meeting of said society, in March or 
April, sucli person shall have from the Clerk of said 
society, a certificate thereof, and be considered as re- 
leased fiom the society, from the date of said certifi- 
cate: Provided lioicever, that every such person shall Proviso. 
always he holden to pay his or her proportion of all 
parish charges in the said society, as may be voted or 
assessed thereby, and not paid previous to leaving 
the same. 

Sec. 3. Be it further enacted, That the said soci- 
ety may purchase, receive by gift, or otherwise, and 
hold real and personal estate, the annual income of 
which, shall not exceed two thousand dollars, for the 
purpose of building a meeting-house, and supporting 
public worship therein 5 and may also ordain and es- 
tablish such by-laws and regulations as to them shall May establish 
seem necessary and convenient for the goverment ofl'^Sons'! 
the said society, and the management of their ministe- 
rial fund ; provided, such by-laws and regulations 
shall be in nowise contrary to the laws and Constitu- 
tion of this Commonwealth. 

Sec. 4. Be it further enacted, That any Justice 
of the Peace for the county of Penobscot, upon appli- 
cation therefor, be, and hereby is authorized and 
empowered to issue his warrant to some member of justice to issue 
said first Congregational society, requiring him to no-'^'*"^"'" 
tify and warn the members thereof, to meet at such 
convenient time and place as shall be appointed in said 
warrant, for the election of such officers as parishes 
arc by law required to choose, at their annual parish 
meetings ; and to transact such other parochial business 
as may be authorized in said warrant. 

[Approved by the Gxjvernor, June 16, 181 7.] 



436 PAYMENT OF STATE DEBT. Jmie 16, 1817. 



CHAP. XLIL 

All Act making provision for the payment of the re- 
maining two fifth parts of the balance of the debt 
due from the Commonwealth, for loans for defence 
in the late war. 

Sec. 1. IjE z7 enacted hy the Senate and House of 
IlejjresentativeSf in General Court assemhled, and hy 
the authority of the same. That the Treasurer of this 
Commonwealth be, and he hereby is directed and em- 
powered to pay, on, and at any time after the tenth day 
of September next, two fifth parts of the balance of the 
debt which may remain due from this Commonwealth, 
on notes issued in conformity to an act passed the 
twenty-eighth day of February, in the year of our 
Lord one thousand eight hundred and fifteen, entitled, 
^^ An act relating to loans, made to defray expenses 
incurred by the Commonwealth, during the late war, 
and for other purposes ;"' in addition to the interest 

Twsho. which then shall have accrued thereon : Provided^ a 
certain resolve, passed on the seventh day of Decem- 
ber, in the year of our Lord one thousand eight hun- 
dred and sixteen, authorizing the sale of the public 
stocks belonging to this Commonwealth, in the Union 
Bank, shall have been carried into effect, and so much 
of the money as may arise from said sale, is hereby 
appropriated to this purpose. 

Sec. 2. Be it. further enacted^ That the Treasurer 
of this Commonwealth be, and he hereby is authorized 

iicasttrerem- and empowered to pay, on, or after the said tenth day 
eredtopay^^ September next, out of any monies in the Treasury, 
not otherwise appropriated, the balance which may 
remain of said debt for defence in the late war, after 
applying the monies to be received at the Union Bank 
as aforesaid : and the two fifth parts of tlie debt afore- 
said, shall cease to bear interest from the said tenth 
day of September next. 

[Approved by the Governor, June 16, 1817.] 



■pow 

tUOIl 



SACO BANK. June 17, I8I7. 437 

CHAP. XLIir. 

An Act to reduce the Capital Stock of the Saco Bank, 

Sec. 1. IjE 2^ enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That from and after the first 
Monday of July next, the capital stock of the corpora- 
tion created by an act of the Legislature, passed on the 
twenty-third day of June, in the year of our Lord one 
thousand eight hundred and twelve, by the name of the 
President, Directors and Company of the Saco Bank, 
be, and the same is hereby reduced to the sum of one stock reduced, 
hundred thousand dollars. 

Sec. 2. Be it further enacted, That the number of 
shares in said bank, shall, from and after the said first 
Monday of July next, be one thousand, and that each 
share shall be of the estimated or nominal value of one 
hundred dollars. 

Sec. 3. Be it further enacted, That no dividend of 
the capital stock of said bank, as now existing, shall be 
made, until proof shall have been made to the satisfac- 
tion of the Grovernor and Council, or of Commissioners Commissionera 
by them appointed at the expense of said corporation, ^°^^"^^°'"^^'^' 
that there now exists in said bank, funds belonging to 
said corporation sufficient to pay all notes in circulation, 
and all deposits and other demands, existing against the 
same, beyond the sum then to be reduced ; and that 
nothing contained in this act shall be construed to effect 
the liability of the corporation, or the individual stock- 
holders, as established by the original act incorporating 
said bank, or any other existing law ; and the said cor- 
poration shall be holden to pay into the treasury of this HoWen to Pay 
Commonwealth their proportion of the tax now required '^^^^' 
by law to be paid upon the existing capital of said bank, 
until the same shall be actually reduced as aforesaid^ 
and all arrearages of taxes unpaid. 

Sec. 4. Be it further enacted. That the liability of 
the President, Directors and Company of the Saco 
Bank, to loan to the Commonwealth, shall be ip-^ro*- 
portion to the sum of the capital of said corporation, 
when reduced as aforesaid. 

[Approved by the Governor, June 17? 1817.] 



438 LAND ANNEXED. Jme 17, 1817* 

# CHAP. XLIV. 

All Act to annex certain land to Mount Washington, 
and certain land to Egremont. 

Sec. 1. OE zi enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That the section of 
land lying within the incorporation of Egremont, 
at the south west corner thereof, including the 
lands of Jesse Coe and Nathan Soles, and the lands of 
others, with their families and estates, be, and they are 
hereby set off from the said town of Egremont, and an- 
nexed to the said town of Mount Washington, by the 
metes and bounds here described, viz. : beginning at 

Boundaries, the south wcst comcr of Egrcmont, thence north twen- 
ty 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 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 mention- 
ed ; containing nine hundred and twenty- nine acres and 
one fourth of an acre. 

Sec. 2, Be it further enacted, That the section of 
land lying witliin the said town of Mount Washington, 
commonly called Willard's Hollow, by the metes and 
bounds here described, 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 and two 
rods, to a heap of stones in the south line of said Egre- 
mont ; thence south thirty-four degrees east, four hun- 
dred rodsjto 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 place of beginning ; containing three 
hundred and eighty-six acres and an half acre, be, and 
hereby is set off from the said town of Mount Wash- 
ington, and annexed to the said town of Egremont : 

Proviso Provided however^ that the lands hereby annexed to 



OFFICERS OF MILITIA. Jane 17, I8I7. 439 

the towns of Egremont and Mount Washington, and 
the inhabitants dwelling thereon, and all non-residents, Houien to pay 
shall be holden to pay all taxes assessed upon them*'^^^* 
respectively, in the respective towns to which they 
formerly belonged, prior to the passing of this act. 

[Approved by the Governor, June 17? I8I7.] 



CHAP. XLV. 

An Act establishing the compensation of certain Officers 
of the Militia. 

Sec. 1. JdE it enacted by the Senate and House of 
jRepresentatives in General Court assembled, and by 
the authority of the same, That from and after the pass- 
ing of this act, the Aids de Camp of Major Generals, 
the Brigade Majors and Adjutants of the Militia shall 
severally receive compensations for their services from 
the treasury of this Commonwealth, according to the 
following rates, viz. : each Aid de Camp, for recording compensation, 
any general or division order, twelve and an half cents; 
for each copy of the same which it may be his duty to 
make, twelve and an half cents ; and for conveying 
said copies to the commanding officers of the brigades 
composing his division, five cents for every mile which 
he must necessarily travel for that purpose. Each Brig- 
ade Major, for recording each general, division or 
brigade order, twelve and an half cents ; for eacli copy 
of the same which it may be his duty to make, twelve 
and an half cents ; for inspecting a regiment, seventy- 
five cents ; for making a brigade return, one dollar and 
fifty cents ; and five cents for every mile which lie must 
necessarily travel for the purpose of inspecting the 
several regiments or corps composing his brigade, and 
of distributing the copies aforesaid, and blanks among 
the commanding officers of such regiments or corps. 
Each Adjutant, for recording each general, division, 
brigade or regimental order, twelve and an half cents ; 
for each copy of the same which it may be his duty to 
make, twelve and an half cents ; for every mile which 
he must necessarily travel to distribute blanks and co- 
pies of orders among the captains or commanding offi- 



440 TIME S. J. C. ALTERED. June 17, 1817. 

cers of the companies composing his regiment, four 
cents ; for making the annual regimental return, oue 
dollar ; and for making a roster, one dollar. 

Sec. 2. Be it further enacted, That all accounts for 
the military services referred to in this act shall be prc- 
Accounts to be scutcd for examination and allowance to the General 
esammed. Court, and uo such account shall be by them allowed, 
unless it shall be accompanied by a certificate of the 
commanding oflBcer of the division, brigade, regiment or 
battalion, fas the case may require) stating the distance 
which the officer, presenting his account, must neces- 
sarily travel for the purpose or purposes mentioned in 
his account, and also that the services therein charged 
have been performed. 

[Approved by the Governor, June 17, 1817.] 



CHAP. XLIV. 

An Act in addition to an act making provision for the 
holding of a term of the Supreme Judicial Court in 
the counties of Franklin and Hampden, and for al- 
tering the time of holding the same in the counties 
of Hampshire and Berkshire. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Supreme Judicial 
Court now by law to be holden by three or more Jus- 
tices thereof, at Northampton, in the county of Hamp- 
shire, and for the counties of Hampshire, Franklin and 
Hampden, shall have cognizance of all offences com- 
mitted, as well in the counties of Franklin and Hamp- 
den, as in the county of Hampshire, when the person 
or persons charged therewith are confined in goal, in 
either of the counties of Franklin or Hampden, in the 
same way and manner as though the act to which this 
is in an addition, had not been passed ; and Jurors to 
attend said Court shall be summoned also in like man- 
ProTiso. ner : Provided however, that whenever a continuance 
shall be had on an indictment found for an offence com- 
mitted in either of the counties of Franklin or Hamp- 
den, such continuance shall be had to the term of said 



EXTENSION' STATE PRISON. June 17, IS17. 441 

Court next to be liolden in the county where such of- 
fence is alle^^ed to have been committed ; and such in- 
dictment shall be remitted to the office of the Clerk of 
that county accordingly. 

Sec. 2. Be it further enacted^ That the expenses of 
Jurors, and other expenses incident to said Court, to be 
holden as aforesaid, shall be borne equally by each ofE?cpeii-»esai[- 
said three counties ; and the respective Treasurers of^'^"'^'' 
the counties of Franklin and Hampden, are directed to 
pay to the Treasurer of the county of Hampshire, their 
respective proportions thereof, accordingly. 

[Approved by the Governor^ June 17; I8I7.] 



CHAP. XLVII. 

An Act to authorize an extension of the limits of the 
State Prison, 

Sec. 1. JjE it enacted hy the Senate and House of 
Jlepresentatives, in General Court assembled, and hij 
the authority of the same, That his Excellency the 
Governor, with the advice of Council, be, and he here- 
by is authorized to purchase, or take for the uss of the Limits extend- 
Commonwealth, as is hereinafter provided, for the pur- ^'^' 
pose of extending the limits of the State Prison, the 
whole or any part of the lands lying between the pre- 
sent boundaries of the State Prison, and a road to be 
laid out from the abutment of the Prison Point Bridge, 
or dam, to the street in Charlestown ; and when said 
lands shall be so purchased or taken, the limits of the 
State Prison shall extend all over such land. 

Sec. S. Be it further enacted, That if the Directors 
of the State Prison, under the direction of the Governor 
and Council, who are hereby authorized for this pur- 
pose, and the owner or owners of the land herein pro- 
vided to be taken for the use of the Commonwealth, 
cannot agree on the sum which the Commonwealth 
shall pay for the lands so taken, then, in that case, the 
value of the land shall be ascertained and determined 
by a Traverse Jury, within and for the county of Mid- 
dlesex, under the direction of the Justices of the Circuit 
57 



MS BENJ. SHAW ANNEXED. June 17, 18ir, 

Court of Common Pleas, within and for said county of 
Middlesex, at any term thereof holden within six 
months after the said land shall be taken for the use of 
the Commonwealth, as aforesaid, and the Jury that 
Value to be as may bc empaunelled to ascertain the value of said 
cemmcj. lands, shall be under oath, truly and justly to appraise 
the value thereof; and shall, under the direction of the 
Sheriff of said county of Middlesex, go on the premises 
and view the same, and return their verdict into the 
said Court. And his Excellency the Governor, with 
the advice and consent of Council, is hereby authorized 
to draw his warrant on the treasury for such sum as 
may be necessary to pay the value of said lands pur- 
chased, or taken as aforesaid, as the same may be mu- 
tually agreed on by the parties, or determined by a ver- 
dict of a Jury, as herein before described. 

[Approved by the Governor, June 17? I8I7.] 



CHAP. XLVIII. 

An Act to annex Benjamin Shaw and others, with their 
families and estates, to the town of Bowdoinham. 

Sec. 1. ijE it enacted by tJie Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Benjamin Shaw, Loring 
Persons set off, Webber, William Webber, Gideon Perry, David Per- 
ry, John Mitchell, Samuel Webber, Joseph Webber, 
Dummer Mitchell, Stephen Webber, George Webber 
and Stephen Webber, Jun. with their families and es- 
tates, together with all other persons living within that 
part of the town of Litchfield, which lies on the east- 
wardly side of Cabosa Pond, shall be, and they are 
hereby set off from the town of Litchfield, and annexed 
to the said town of Bowdoinham, and shall forever 
hereafter be subject to all the duties, and entitled to all 
the privileges of citizens and inhabitants of Bowdoin- 
ham : Provided however, that until a new valuation of 
polls and estates shall be taken and made, the said 
town of Bowdoinham shall be liable to pay over to the 
said town of Litchfield one fifteenth part of the state 



U. S. TO MAKE A DRAW. June 17, 1817. 443 

tax, which hereafter maybe assessed on the same town, 
and also one fifteenth part of all debts which have al- 
ready accrued for the support of paupers in the same 
town, or which hereafter may accrue for the support ofskaiisnppoit 
any persons whoare now paupers, and for whose suppotr ^'*''^""' 
the said town now is, and hereafter may be chargeable. 
Sec. S. Be it farther enacted, That the dividing line 
between the towns of Litchfield and Bowdoinham, shall 
in future extead from the south easterly corner of Litch- 
field, near the southerly end of Caljosa Pond, and 
thence north eastwardly along the eastern shore of said 
Pond, to the north easterly line of the said town of 
Litchfield. 

[Approved by the Governor, June 17j 1817.] 



CHAP. XLIX. 

An Act authorizing the United States to make a Draw 
in the Old Bridge, between Cambridge and Brighton, 
in the county of Middlesex, 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the United States of 
America be, and they hereby are authorized and em- 
powered to make, at their own expense, a good and 
sufficient draw and passage way in the old bridge over 
Charles River, between Cambridge and Brighton, 
in the county of Middlesex; and also to erect such May ereet 
piers on either, or both sides of said bridge, as may be ''""'* 
necessary to secure the bridge, and to facilitate the 
passage of vessels through the same. 

Sec. S. Be it further enacted, That said draw shall 
not be less than twenty feet wide, with a leaf. or leaves 
of suflBcient 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 accommodation of travel over the same, 
shall always be maintained and kept in repair by the 
towns of Cambridge, West Cambridge, Lexington and 
Brighton, which now have to support said bridge; but 



kept in repair. 



444 WEIGHTS AND MEASURES. June 17, 1817. 

all the maeliinery necessary for raising the draw, and 
also the piers on the sides of the bridge, as aforesaid 
Bridge to be shall be fumlshed and kept in repair by the said U- 
nited States, so long as they shall have occasion for a 
draw in said bridge. 

[Approved by the Governor, June 17? 1817-] 



CHAP. L. 

An Act in further addition to an act, entitled, " An 
act for the due regulation of vs^eights and measures/.^ 
and for the more easy recovery of fines and penalties, 
within the town of Boston, in the county of Suffolk?^ 

Sfx. 1. llE z^ enacted by the Senate and House of 
Mepresentatives, in General Court assembled^ and by 
the authority of the same^ That it shall be the duty of 
the Scaler of weights and measures v/ithin 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 of Boston, in 
trade, for the purpose of buying or selling any article, 
shall be required, after notice thereof shall have been 
Notice to be givcn iu two or more of the newspapers published 
given. within the said town, to send annually their scale 

beams, steelyards, weights and measures, for the pur- 
pose 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. 

Sec. S. Be it further enacted, That the said Sealer 
Sealer author- is hereby authorized and required to go to the houses, 
weightsln™ stores and shops of all such merchants, innholders, 
measures. traders, retailers, and of all other persons living or re- 
siding within the said town of Boston, using beams, 
steelyards, weights or measures, for the purpose of 
buying and selling, as shall neglect to bring or send 
tlie 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 occu- 



WEIGHTS AND MEASURES. JitK^ 17, 18iy, 443 

pant 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 en- douMc fees. 
titled to demand and receive for the same, if such 
beams, steelyards, weights and measures had been 
sent to his said house or office, with all expenses at- 
tending the removal and transportation of the same ; 
and if any such person or persons shall refuse to have 
his, her, or their beams, steelyards, weights, or meas- 
ures so tried, proved and sealed, the same not having 
been tried, proved, and sealed, within one year preced- 
ing such refusal, he, she, or they, shall forfeit and 
pay ten dollars for each offence ; the one moiety to the 
use of the said town of Boston, and the other moietv 
of the same, to the Scaler. And if any such person, 
or persons, shall use any beam, steelyard, weight, or 
measure, which shall not conform to the public stand- 
ard, the same not having been tried, proved and seal- 
ed within one year preceding such use of the same, he, 
she or they shall forfeit and pay ten dollars for each of- rorfeitores; 
fence, the one moiety to the use of said town of Boston, 
and the other moiety of the same to the informer. And 
if any such person 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 fraudently make use of the 
same, he, she, or ihey 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. 

Sec. 3. JBe it further enacted, That all fines, for- 
feitures 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 enacted and made, may be recovered Forfeitures and 
by indictment, information or complaint, in the name of^e"otS^J^ 
the Commonwealth, in any Court competent to try the'^'^ 
same ; and all fines so recovered and paid shall be ap- 
propriated 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 aad prosecuted^ the 



4^6 WEIGHTS AND MEASURES. June 17, 1817. 

right of appeal to the next Municipal Court, in the town 
of Boston from the judgment and sentence of any Jus- 
tice 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 holdeu within the county 
of Suflblk, and for the counties of Suffolk and Nan- 
tucket, from the judgment of the Municipal Court 
where the indictment or information originated in the 
same, such party recognizing with sufficient surety or 
sureties, to the satisfaction of the Court, to enter and 
prosecute his, her, or their said appeal, and to abide 
the final judgment thereon. 

Sec. 4i. Be it further enacted. That when any 
person^ who upon a conviction before a Justice of the 
Peace, for any offence 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 appeal from said 
Shall not appeal judgment, or if upon claiming an appeal, shall fail to 
romju s™^"^ rg(.og^i2e as aforcsaid, ^nd upon not paying the fines 
and costs so assessed upon him, shall be committed 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 liolden 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. 

Sec. 5. Be it further enacted, That all fines and 
penalties, which shall be hereafter recovered for any 
offences, which shall hereafter be committed against 
the act of this Commonw^ealth, which was made and 
passed on the fourteenth day of Decembw, in the year 
of our Lord one thousand eight hundred and sixteen, 
entitled, " An act in addition to an act, entitled, an act 
for the due regulation of licensed houses,'* shall be ap. 
propriated, the one moiety to the town of Boston, and 
the other moiety of the same to the informer, any thin^ 
to the contrary in that act notwithstanding. 

Sec. 6. Be it further enacted. That the seventh 
section of the act aforesaid, to which this is in addition, 
Actrepeaied. be, and the same is hereby repealed, so far as respects 
the said town of Boston. 

[Approved by the Governor; June 17; 1S17.] 



NAMES ALTERED. June 17, I8I7. 447 



CHAP. LI. 

An Act to alter and change the names of certain per- 
sons therein mentioned. 

-DE it enacted by the Senate and House of 
Jiepresentatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, Dudley Atkins Tyng, Junior, of 
Cambridge, in the county of Middlesex, shall be allow- 
ed to take the name of Dudley Atkins: James Che- 
ver, the third, of Salem, in the county of Essex, shall 
be allowed 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 county of Barnstable, shall be al- 
lowed 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 Leom- 
inster, in the county of Worcester, shall be allowed to 
take the name of Crowninsliield Van Jerome Smith: Xai^es altered. 
John Platts Palmer, of Rowley, in the county of Es- 
sex, shall be allowed iq take the name of John Platts : 
Luther Platts, of said Rowley, shall be allowed to take ^ 

the name of Luther Platts Palmer : William Gree- 
nough, of Boston aforesaid, shall be allowed to take 
the name of William Hardy Greenough : Catharine 
Hay Weld, of the same Boston, shall be allowed to 
take the name of Catharine Weld Hay : John Frost, 
of said Cambridge, shall be allowed to take the name 
of John Henry Augustus Frost : Oliver Blackman Evr 
erelt, of Dedham, in the county of Norfolk, shall be 
allowed to take the name of Oliver B. Everett : Eliza 
Rider, of said Salem, shall be allow ed to take the name 
of Eliza Rider Atkinson : Mary Fuller, of said Boston, 
shall be allow ed to take the name of Ann Mary Fuller 
Weld : Thomas Weld, of said Boston, shall be allow- 
ed to take the name of Thomas Greenleaf Weld : Sam- 
uel Hey vvood^ of said Boston, shall be allowed to take 



448 PENOBSCOT CANAL CORP. June 17, I8I7. 

the name of Samuel P. Heywood : William Ward, of 
said Boston, merchant, shall be allowed to take the 
name of William Haven Ward : Cliarles Tread well, 
Junior, of said Salem, shall be allowed to take the 
name of Francis Charles Treadwell : Nathan Web- 
ber, of Gloucester, shall be allowed to take the name 
of Edward Webber : Francis Fay, Junior, of South- 
borough, shall be allowed to take the name of Francis 
Ball Fay : Barnabas Blankinship, of Rochester, shall 
be allowed to take the name of Barnabas B. Nye : 
liaurens Bascom, of Southampton, shall be allowed to 
take the name of Henry Laurens Bascom : John Grif- 
ford, of Westport, in the county of Bristol, shall be al- 
lowed to take the name of John Winslow Gifford : 
Naiaes altered. Harriot Bowers, of Billcrica, shall be allowed to take 
the name of Silence Bowers : Samuel Tenney, Junior, 
of Newburyport, shall be allowed to take the name of 
Samuel N ewell Tenney : Harriot Swett, of Dracut, 
shall be allowed to take the name of Harriet Swett 
Varnum : 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 intents and 
purposes. 

[Approved by the Governor, June 17? I8I7.] 



CHAP. LII. 

An Act to establish the Penobscot Canal Corporation, 

Sec. 1. JjE i^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That John Barker, James 

Persons inoor- Bartlctt, Joscph Carr, Stephen S. Crosby, Thomas A. 

porated. jjj^^^ Luthcr H. HiUs, Stephen Kimbal, Jacob Mc 
Gaw, and Joseph Treat, and such other persons as 
may hereafter associate with them, be, and hereby are 
created a body politic and corporate, by the name 
and style of the Penobscot Canal Corporation, 



PENOBSCOT CANAL CORP. June 17, I8I7. 449 

Sec. S. Be it further enacted^ That the said cor- 
poration shall be governed by a Board of Directors, sh^ii be gov. 
not exceeding five, any three of whom shall make ag^jf^dof di- 
quorum to transact business ; and by such other officers i-»;«tor3. 
and agents as the said corporation, by their by-laws 
shall designate and appoint ; and at their first meeting, 
they may elect the Board of Directors, who shall re- 
main in office until the annual meeting of said corpora- 
tion, which shall be in the month of June or July, on 
such day, and at such place, as may be ordered by 
said corporation. 

Sec. 3. Be it further enacted. That the said cor- 
poration shall have power to survey, lay out, and make 
a Canal from the waters of Pushaw Pond, in the county 
of Penobscot, to the Penobscot River, with a suitable 
number of locks, to commence at such point on said 
Pond, pass in such direction, and terminate at such 
place on said river, as they may designate ; and for 
the purpose aforesaid, they shall have power to pur- 
chase, and take in fee simple, a parcel of land, not Have power to 
more than twenty rods wide, wherever the said Canal p""'''*^^ **"'^ 
may pass ; and any other lands and buildings, not ex- 
ceeding one hundred thousand dollars in value ; and of 
holding any personal estate, not exceeding fifty thou- 
sand dollars 5 and the said real estate, or any part 
thereof, they may sell and transfer, and they may sue 
and be sued, in all proper Courts, and may prosecute 
and defend any action to final judgment and execution ; 
may have and use a common seal ; and may have and 
exercise all such corporate powers as may be neces- 
sary and proper for a Canal corporation. And wher- 
ever the said Canal may pass over the land of said 
Commonwealth, the same is hereby given and granted 
to the said corporation, to hold to them in fee simple : 
And where the said corporation cannot agree with, and 
purchase of any other corporation, or individual, over ' 

and through whose lands the said Canal may pass, 
then they may apply by petition to the Court of Com- 
mon Pleas for the third Eastern Circuit, when holden 
within and for the county of Penobscot, therein setting 
forth, by a proper description, the quantity of land 
ihey want ; and that they are unable to purchase the 
same by agreement, and requesting the said Court to 
58 



450 PENOBSCOT CANAL COUP. June 17, ISir. 

have the same valued ; and may file the same petition 
May file peti. in the office of the Clerk of the Judicial Courts for said 
^"'"" county, and may take out a summons from him, under 

the seal of said Court, with a copy of said petition an- 
nexed thereto, returnable at the next term of said 
Court ; which summons shall be served at least thirty 
days before the setting 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 in said Court ; and the 
said Court shall thereupon proceed to inquire, and by 
the verdict of a jury, at the bar of said Court, to aseer. 
tain the value of the laud taken from any individual, 
or corporation, for the purposes aforesaid ; and the 
same verdict, being allowed and recorded, shall be 
conclusive on all parties ; and the amount so ascertain- 
ed, being paid or tendered to said corporation, and if 
not accepted, left with the said Clerk, for the use of 
the party entitled, or his, or their legal representative, 
shall operate a transfer of the estate so taken, and vest 
the same in said corporation, in fee simple ; and there- 
upon, they may enter upon, use, occupy, and enjoy 
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 
said application, any one or more individuals, whose 
lands may be taken, and the said jury shall, in each 
case, return separate verdicts for each several respond- 
ent ; and if in the opinion of the said Court, it may be 
v"'3™^LuZc iiccessary, they may, upon the motion of any party, 
r, .n.w^ direct a view of the premises by the jury. 

Sec. 4. Be it further enacted, That for the pur- 
poses of completing the saitl Canal, and making the 
same useful to said corporation, and beneficial to the 
public, they shall have power to take and use the 
waters of said Pond, and any streams that may run in 
the direction of said Canal, by erecting dams, locks, 
mills, sluices, or any manufactories, to the working of 
which, water may be necessary, and to make and main- 
tain a dam on the stream, called Pashaw stream, below 
the confluence of Dead Kiver with said stream, which 
runs from said Pashaw Pond; at such place or places. 



view premises. 



PENOBSCOT CANAL CORP. June I7, 1817. 451 

as the said corporation may find convenient and neces- 
sary, for the purpose of flowing the waters of said 
Pond, for the use of said Canal, mills, or factories ; 
subject however, to payment of damages to the party 
injured, by the erection of said mills and dams, and by 
the flowing of any waters, to be ascertained by a jury, 
under oath, in case the parties cannot agree upon the 
amount and payment of damages. 

Sec. 5. Be it farther enacted, That said corpora- 
tion may at any legal meeting, to be holden within one 
year from the passing this act, divide their capital May divide 
stock, grant or franchise, into as many shares as they*^"*^'' 
may see fit ; and the same shares shall be deemed and 
taken to be personal estate, and transferable in such 
manner as said corporation, by their by-laws may de- 
termine and fix ; and the same shall be subject to at- 
tachment and sale, in such manner as the law provides : 
And at all meetings after such division, the votes shall 
be taken by shares, in the scale following, viz : From 
one to five shares inclusive, one vote for each share ; 
from five to ten, one vote for every two shares ; from 
ten to twenty, one vote for every five shares ; from 
twenty to forty, one vote for every ten shares ; from 
forty to one hundred, one vote for every twenty shares ; 
and one vote for every fifty shares over and above the 
first hundred. And the said corporation shall have 
power to make such rules, regulations, and by-laws, shaii have powi 
(not repugnant to the laws of tlie Commonwealth,) as ^^,2, "^^afa. 
they may see fit ; and any deeds, sealed with the sealt'onsancfh). 
of said corporation, executed in such manner as the '^^^^' 
said by-laws may ordain, and duly acknowledged and 
recorded, shall be valid in law. 

Sec. 6. Be it further enactedf That a toll shall 
be, and hereby is granted and established, for the ben- 
efit of said corporation, according to the rates follow- 
ing, viz : For all planks, boards, joists, or other sawed Raics of toi). 
stuff, floated on rafts or otherv/ise, through said Canal, 
ten cents a mile for each thousand feet, board measure ; 
for clapboards, ten cents a thousand ; for shingles, two 
cents a thousand ; for staves, ten cents a thousand ; for 
cord wood and bark, ten cents a cord for each mile ; 
for all timber, masts, and lo{j;s, five cents a ton for each 



453 PENOBSCOT CANAL CORP. June 17, 1817. 

mile ; and for other lumber in proportion to the above 
rates ; for all kinds of goods, or provision carried in 
boatS;, or on rafts, ten cents a ton for each mile ; for all 
boats or rafts, ten cents for each lock the same may 
pass, in addition to the toll aforesaid ; which toll shall 
commence, and be payable, when any three miles of 
said Canal shall be passable for any of the articles 
aforesaid ; and the said corporation shall have a lien 
upon the same articles, and shall have power to detain 
tlie same for the payment of the toll aforesaid, until 
payment is made; and at the expiration of twenty 
. days from the time said toll became due, may raise the 
same by public or private sale of so much of said arti- 
cle or articles, as is sufficient therefor ; or the said cor- 
poration may sue for and collect said toll by action, in 
Proviso, any Court proper to try the same : Provided Jwwever^ 
that the Legislature may at any time regulate the toll 
on said Canal. 

Sec. 7« Be it further enacted, That this act in all 
legal proceedings, shall be deemed and taken to be a 
public act: And if said corporation shall not make 
and complete said Canal in all parts thereof, within ten 
years from the passing of this act, and so make the 
same appear to the Governor and Council of this Com- 
monwealth, for the time being, then this act, and all 
grants and immunities thereby given, shall be void. 

Sec. 8. Be it Jurther enacted. That said corpora- 
tion shall be held at all times, to make and keep open 
shaiimakeandat such dams Hs they may erect on any stream, suffi- 
^eep open (.^gjit slulcc ways for the passage of fish, pursuant to 
the existing laws, under the penalties therein pro- 
vided. 

Sec 9. Be it further enacted, That any five or 
more, of the persons named in this act, may call and 
order the first meeting of those incorporated, by causing 
notice to be given of the time, place, and purposes 
thereof, in any newspaper printed within the county of 
Penobscot, ten days previous to said meeting ; and at 
said meeting, may proceed to organize said corpora- 
tion, who may then make its by-laws, designate and 
choose its officers, determine their qualifications, define 
their powers and duties, and fix on the mode of call- 



SPRINGFIELD BANK. June 17, I8I7. 453 

ing future meetings^ and all other matters and things 
that may be necessary for the management of the con- 
cerns of said corporation. 

[Approved by the Governor, June 17, I8I7.] 



CHAP. LIII. 

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

JDE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the act, entitled ^* An 
act to incorporate the President, Directors and Com- 
pany of the Bangor Bank,'* passed in the year of our 
Lord one thousand eight hundred and fourteen, shall 
be, and the same is hereby declared to be in full force 
and operation, excepting, that whereas the time fixed 
by the said act, for paying in the capital stock has 
elapsed, the same may, and shall be paid in, one quar- 
ter part thereof, on or before the first day of January Extension of 
next ; one quarter part thereof, on or before the first Mj^^^^^jP^^y^^s 
day of April next ; one quarter part thereof, on or before 
the first day of July, which will be in the year of our 
Lord one thousand eight hundred and eighteen, and 
the remaining quarter part thereof, on or before the first 
day of October, then next following. 

[Approved by the Governor, June 17? I8I7.3 



CHAP. LIV. 

An Act authorizing the President, Directors and Com- 
pany of the Springfield Bank to increase the amount 
of their Capital Stock. 

JjE i* enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 



454. 



HAMPSHIRE BANK. 



June 17, 1817. 



Capital stock 
increased, 



Proviso. 



the authoritif 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 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 neces- 
sary to complete the said capital, 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 sev- 
eral acts to which this is in addition, to the contrary 
notwithstanding. Provided nevevthelepis, that before 
the said corporation shall proceed to do business upon 
the additional capital, a certificate signed by the Pre- 
sident and Directors of said corporation, verified by 
the oath 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 filed in the office of the 
Secretary of this Commonwealth. 

[Approved by the Governor, June 17, 1817.] 



CHAP. LV. 



Fnrther {ime 
allowed. 



An Act, in further addition to an act, entitled '^ An act 
to incorporate the President, Directors and Compa- 
ny of Hampshire Bank." 

13 El it enacted by the Senate and House of 
JRepresentativeSf in General Court assembled, and by 
the authority of the same. That the further time of one 
year from and after the first day of March last past, be 
allowed to the President, Directors and Company of 
the Hampshire Bank, for the payment into the said 
bank, of the fourth instalment of the capital stock there- 
of; any law to the contrary notwithstanding. 

[Approved by the Governor, June 17; I8I7.] 



CHARLES RIVER MILLS. June 17, 1817. 455 

CHAP. LVI. 

An Act, in addition to the several acts relating to the 
proprietors of Mills, on Charles River. 

Sec. 1. JjE it enacted hij the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same. That the Clerk of the pro- 
prietors of mills, on Charles River, or in case of his ab- 
sence, 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 >f»y <^aii meet- 
said corporation, (upon application therefor, by any'"^' 
one or more of the said proprietors,) by publishing no- 
lice 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 ap- 
pointed for such meeting ; and all meetings of the said 
proprietors, which have been had in pursuance of no- 
tice from the Clerk of the said corporation, are hereby 
made valid ; and all the doings of the said proprietors, 
at any such meeting, are hereby confirmed ; provided^ PinvHe. 
the making valid the proceedings of such meetings, 
and confirming the doings of the said proprietors there- 
at, shall not affect 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 per- 
son 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, con- 
cerning the manner and time of calling and notifying 
the meeting of the said proprietors, to which such affi- 
davit may relate. 

Sec. 2. Be it further enacted, That any corpora- 
tion which is, or may become owner of any mills, on 
Charles River, may be admitted a member of the cor- 
poration of the proprietors of mills on Charles River, 



456 DESTRUCTION OF FISH. June 18, 1817. 

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. 

[Approved by the Governor, June iVy 1817.] 



CHAP. LVII. 

An Act to extend the provisions of an act, entitled, 
" An act to prevent the destruction of fish in the town 
of Pittsfield." 

x5e it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and by 
the authority of the same, That all the provisions of an 
act, entitled, '^ an act to prevent the destruction of iish 
Act extended, in the town of Pittsfield," be, and the same are hereby 
extended to the towns of Lanesborough and Richmond. 

[Approved by the Governor, June 18, I8I7.] 



COMMONWEALTH OF MASSAC HU^TTS. 

Secretary's Office, August 15th, 1817. 

The Laws printed in this pamphlet, passed by the Legislature, 
at their session beginning May 28th, and ending June 18th, 1817, 
have been compared with the originals in this office, and appear to 
be correct, — excepting the word " Dalton,^^ near the bottom of the 
4lQth page, which should be Union. 

ALDEN BRADFORD, Secretary of the Commonweatth. 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON THE 14th DAY OF 
JANUARY, AND ENDED ON THE 24th OF FEBRUARY, 1818. 



CHAP. LVIII. 

An Act regulating the hunting of Deer. 

Sec. 1, JjE it enacted by the Senate and House of 
MepresentativeHf in General Court assembled, and by 
the authority of the same, That from and after the pass- 
ing of this act, if any person shall hunt or kill any deer, 
except his own tame deer, or deer kept in his park, or 
on his island, between the first day of January and the 
first day of August in any year, he shall forfeit the sum 
of twenty-one dollars for every deer so killed ; to be 
recovered by action of debt in any Court proper to try 
the same ; one moiety thereof to the use of the person 
suing for the same, and the other moiety to the use of 
the town within which such offence shall be com- 
mitted. 

Sec. 2. Beit further enacted, That all former acts 
on this subject be, and they hereby are repealed. 

[Approved by the Governor, January 27? 1818.] 



4.58 BANGOR ACADEMY. Jan. S7, 1818. 

CHAP. LIX. 

An Act to establish an Academy in the town of Ban- 
gor, by the name of the Young Ladies' Academy. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That there be, and hereby 

Ideation. is established, in the town of Bangor, in the county of 
Penobscot, an A.cademy, by the name of the Young 
Ladies' Academy, for the purpose of promoting the 
education of youth, particularly females, in the Eng- 
lish and other languages, together with writing, arith- 
metic, needle-work and geography, rhetoric, history, 
music, and the art of speaking, and such other of the 
liberal arts and sciences as the Trustees hereinafter pro- 
vided, shall order and direct. 

Sec. 2. Be it further enacted, That the Reverend 
Harvey Loomis, Reverend Thomas Williams, Honora- 
ble Samuel E. Button, and William D. Williamson, 

tiusiees, Jacob McGaw, Joseph Carr, and Moses Patten, Es- 
quires, Joshua P. Dickinson, M. D. and Captain Eli- 
ashib Adams, be, and they hereby are nominated and 
appointed Trustees of said Academy, and they are here- 
by incorporated into a body politic, by the name of the 
Trustees of the Young Ladies' Academy in Bangor ; 
and they and their successors shall be and continue a 
body politic and corporate, by the same name forever. 
Sec. 3. Be it further enacted, Thdit the said Trus- 
tees and their successors, shall have one common seal, 
which they may break, change and renew from time to 

Powers. time, as they shall see fit, and they may sue and be 
sued in all actions, real, personal and mixed ; and 
may prosecute and defend the same to final judgment 
and execution, by their name aforesaid, either by them- 
selves or their agents. 

Sec. 4. Be it further enacted, That the said Trus- 
tees and their successors be, and they hereby are made 

Dutie*. the Governors and Visitors, as well as the Trustees of 

said Academy, in perpetual succession forever, to be 
continued in the way and manner hereafter specified, 
with full power and authority to elect such preceptors, 



HAMP. EDUCA. SOCIETY. Jan, 27, 1818. 459 

instructresses and teachers of the said institution, as 
they shall judge necessary and convenient, and to make 
and ordain such laws, orders and rules, not repugnant 
to the laws of the Commonwealth, for the good govern- 
ment of said Academy, as to them shall seem lit and 
requisite. 

Sec. 5. Be it further enacted. That the number of 
the Trustees aforesaid shall not, at any one time, be Limitatioa of 
more than fifteen, five of whom, at least, shall be neces- 
sary to constitute a quorum for transacting business. 

Sec. 6. Be it further enacted, That as often as the 
number of the Trustees of said Academy shall be less 
than fifteen, the Trustees for the time being shall have Vacancies to be 
power, and it shall be their duty to nominate, elect and^^'^*^"^' 
appoint other suitable persons as Trustees, until that 
number shall be complete. 

Sec. 7. Be it further enacted^ That the Trustees 
aforesaid and their successors be, and they hereby are 
rendered capable in law, to take and hold by gift, grant, 
devise, bequest, or otherwise, any lands, tenements, or May hold real 
other estate, real or personal : Provided, the annual in- °^jp^'^"''^' ^*- 
come thereof doth not exceed five thousand dollars : 
and all deeds and instruments, which the said trustees 
may lawfully make, shall be sealed with their corpo- 
rate seal, and shall bind the said Trustees, and their 
successors, and be valid in law. 

Sec. 8. Be it further enacted. That any one of the 
said Trustees, being a Justice of the Peace, be, and he F'^'^t meeting. 
is hereby authorized and empowered to appoint the 
time and place for holding the first meeting of said Trus- 
tees, and notify them thereof. 

[Approved by the Governor, January S7^ 1818.] 



CHAP. LX. 

An Act to incorporate the Hampshire Education 

Society. 

Sec 1. JjE ?f enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That Joseph Lyman, Enoch 



460 



HAMP. EDUCA. SOCIETY. 



Jan, 27, 1818. 



Powers, 



llcgulatlon of 



^oraTed'"*'°'^" Hale, Nathaniel Smith, Josiah D wight, William Por- 
ter, 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 
Society ; and the society aforesaid shall have perpet- 
ual 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 receive subscriptions of charitably disposed per- 
sons, and may take any personal estate in succession : 
and all donations to the society, either by subscription, 
legacy or otherwise, (excepting such as shall be differ- 
ently 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 in- 
come or profits applied to the purpose of aiding indigent 
young men of talents and hopeful piety, in acquiring a 
learned and competent education for the gospel min- 
istry. 

Sec. 2. Be it further enacted, That the said soci- 

officerschosenety may choose a President, Vice President, Clerk, 
Treasurer, and such other officers as they shall see fit ; 
and may at their first meeting, under this incorporation, 
by the vote of two tliirds of their members present at 
said meeting, adopt such constitution, or system of rules 

r.v-iav,s. and' by-laws, as they shall think necessary for the or- 
derly conducting and executing the business of said so- 
ciety, and for the most effectually securing the object of 
their institution ; wliich constitution, or system of rules 
and by-laws, shall be for the government of said soci- 
ety, and shall not be altered at any subsequent meet- 
ing, but in the manner therein pointed out : provided 
such rules and by-laws be not repugnant to the consti- 
tution and laws of this Commonwealth. 

Sec. 3. Jh it farther enacted^ That the society 
aforesaid may, at all times, under the name, style and 



Marriages. Jaw. 37, isis. lei 

title aforesaid, sue and be sued, plead and be implead- JJ^^y^^^^^=*"'' 
ed, appear, prosecute and defend to final judgment and 
execution, and may appoint an agent or agents to pros- 
ecute and defend suits with power of substitution ; and 
it shall be lawful for the said society to make sale ofMayseiiveai 
any estate or personal property, given or purchased as *"''"*'• 
aforesaid, or in any other way, or right accruing to them, 
in their corpovate capacity, (unless that which is given 
be otherwise expressly ordered or appropriated by the do- 
nor) and convey the same by deed or other legal instru- 
ment duly executed ; and when the property to be con- 
veyed is real estate, under the hand of the Treasurer 
and the seal of the society : Provided, that all monies Piovisc, 
arising from such sale be applied to the same use to 
which the income thereof was before applied. 

Sec. 4. Be it further ewacfe^Z, That Josiah Dwight, 
Esquire, be, and he hereby is authorized, by notifica- 
tion in the Hampshire Gazette, printed in Northamp- 
ton> to appoint the time and place of the first meeting of 
said society. 

[Approved by the Governor, January 27^ 1818.] 



CHAP. LXI. 

An Act explanatory of an act, entitled '• An act for 
the orderly solemnization of Marriages." 

JjE it enacted by the Senate and House of 
JRepresentatives, in General Court assembled, and by 
the authority of the same, That any marriage which has 
been, or which shall hereafter be solemnized by any 
Minister or Justice of the Peace, agreeably to the pro- 
visions of the act, entitled ^^ An act for the orderly so- 
lemnization of Marriages,'' in any plantation, which at 
the time of passing said act, was included within the 
counties of Cumberland or Lincoln, shall be deemed 
and taken to be legal to all intents and purposes, as if 
the said counties, or either of them, had not been di- 
vided. And every Justice of the Peace, or Minister, 
who shall hereafter solemnize any such marriage, shall 
transmit a certificate thereof to the Clerk of the Circuit 



463 INSTRUCTERS OF YOUTH. Ja7U 27, 1818. 

Court of Common Pleas for the county in which said 
plantation is situated, to be recorded by said Clerk,^in a 
book to be by hira kept for that purpose. 

[Approved by the Governor, January S7, J 818.] 



CHAP. LXII. 



porated. 



Powers. 



An Act to incorporate certain persons by the name of 
The Associated Instructers of Youth, in the town of 
Boston, and elsewhere. 

Sfc. 1. IjE it enacted btf the Senate and House of 
Represpntafives, in General Court assembled, and by 
the authority of the same, That Ebenezer Pemberton, 

Persons mcor- Daniel Stauiford, Jonathan Snelling, Thomas Payson, 
Joseph MuUiken, Iiawson Lyon, Jonathan Hunting- 
ton, Benjamin Gleason, Benjamin Holt, John Haskell, 
Proctor Pierce, Ephraim H. Farrar, John R. Cotting, 
Amos Clarke, Benjamin Chamberlain, their associates, 
and such others as may hereafter join them, be, and 
they hereby are incorporated into a body politic, by 
the name of The Asssociated Instructers 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 

Sec. 2. Be it further enacted, That the said corpo.- 

May hold real ration shall have power to receive, and take by grant, 
gift, or otherwise, property, real, personal, and mixed, 
not exceeding in amount or value, the sum of fifty thou- 
sand dollars, and to hold and manage the same at their 
pleasure, as a fund, towards the relief and support of 
superannuated and other indigent instructers of youth, 
their widows, and children ; for instituting and grant- 
ing premiums to excite and reward emulation and im- 
provement among instructers and scholars ; and for any 
other similar purposes of charity, to which the said 
corporation may apply the same. 



estate. - 



May bestow 
premiums. 



SUP. JUDICIAL COURT. Jan. 29, 1818. 463 

Sec. 3. Be it further enacted, That the said corpo- 
ration shall have power, at any regular meeting of the 
same, to make such constitution and by-laws for the Powers. 
government of the same, as they may find necessary ; 
2)rovidedf that nothing in such constitution, or by-laws, 
shall be repugnant to the constitution or laws of the 
Commonwealth. 

Sec. 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 Choice of ofii. 
government and orderly conducting the affairs of the *'''"'• 
same, according to the constitution and laws of said 
corporation ; and that Thomas Payson, Esquire, be, 
and he is hereby empowered and directed to call the 
first meeting of the same, within twenty days after the Fust meeting. 
passing of this act, by giving notice of the time and 
place of holding the same, 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. 

[Approved by the Governor, January 27tli, 1818.] 



CHAP. LXIII. 

An Act vesting further powers in the Supreme Judicial 
Court, respecting amendments on review, and the 
return of writs of venire facias. 

Sec. 1. Jl>E it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That in any action of review, 
pending in the Supreme Judicial Court, the Justices 
thereof shall have power to order any amendment of AmLndment of 
the original writ, record or proceedings, in any part ^'^"^^" 
thereof, upon such terms and conditions as they may 
consider just and reasonable, any law to the contrary 
notwithstanding. 

Sec. 2. Be it further enacted, That any one, or 
more, of the said Justices, shall hereafter hold a Court, Justices Court. 
and be competent to the trial by jury, of any real or 
feigned iss^ue, which may arise upon any appeal, which 
may be made^ or taken, from the decree of any Court 
(30 



nii'e Facias 



464 SAVING INSTITUTION. Jan, 29, 1818. 

of Probate, and such Justice or Justices sliall have the 
same power over any such appeal, antl may proceed to 
make a final decree therein, and exercise the same ju- 
risdiction over any appeal depending upon such issue, 
as all the Justices of said Court may now do ; any law 
to the contrary notwithstanding ; subject however to 
all such exceptions and such proceedino;s thereon, as 
are now provided by law, in the trial of issues in fact 
before said Court, when holden by one, or two of the 
Justices thereof. 

Sec. 3. Be it further enacted. That the Justices of 
the Supreme Judicial Court shall have power to order 
Writs of Ve- the Writ of Venire Facias, which ihay be issued either 
for the Grand or Traverse Jurors to attend the same 
Court, to be returiied on such day of the term of said 
Court, when holden for any county, as they may judge 
will best serve the purposes of justice, and facilitate 
the business of said Court. 

[Approved by the Governor, January 29, 1818.] 



CHAP. LXIV. 

An Act to incorporate the Institution for Savings, iu 
the town of Salem and its vicinity. 

Sec. 1. IjE it enacted by the Senate and House of 
MejiresputativeSn in General Court assembled, and by 
the authority of the same. That Edward Augustus Hol- 
Persons incoi- yokc, Joscph Story, Benjamin Pickman, Jacob Ash- 
poraied. ^^^^^ Joseph White, Moses Townsend, Jonathan Neal, 
Joseph Peabody, Benjamin Pickman, junior, Nathan 
Kobinson, Nathaniel Howditch, David Cummins, Wil- 
liam Silsbee. Gideon Barstow, John Osgood, Willard 
Peele, Dudley L. Pickman, William Fettyplace, John 
W. Treadwell, Stephen Wliite, and Leverett Saiton- 
stall. together with such as have associated with them, 
be, and they hereby are incorporated into a society, by 
tiie name of the Institution for Savings, in the town of 
Salem, and its vicinity ; and that they and such oth- 
ers, as shall be duly elected members of tlie said cor- 
poration, as is in this act provided, shall be, and re- 



SAVING INSTITUTION. Jan. %% 1818. 46.^ 

main a body politic and corporate, by the same name 
forever. 

S c. 2. Be it farther enacted^ That the said soci- 
ety and corporation shall be capable of receiving from 
any person or persons disposed to obtain and enjoy the 
advMiitages of said institution, any deposit or deposits Deposits. 
of money, and to use and improve the same for the pur- 
poses, and accordini; to the directions herein mentioned 
and provided. 

Sec. 3. Be it further enacted, That all deposits of 
money received by tlie 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 Dividends, 
said deposits, their executors or administrators, in just 
proportion ; and the principal of such deposits may be 
withUrawn at such reasonable times, and in such man- 
ner, as the said society shall direct and appoint. 

Sec. 4. Be it further enacted. That the said soci- 
ety and corporation shall, at their first meeting, and at 
their annual meetings in January, have power to elect, EUcimn of 
by ballot, any person or persons, as members of the '"*^"^'^*^^*- 
said society. 

Sec. 5. Be it further enacted, That the said soci- 
ety may have a common seal, which they may change 
and renew at pleasure ; and that all deeds, conveyan- 
ces and grants, covenants and agreements made by their 
Treasurer, 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, 
have power to sue and be sued, and may defend, and \Taysueami 
shall be held to answer by the name aforesaid. be sued. 

Sec. 6. Be it farther enacted, That the said soci- 
ety shall hereafter meet at Salem, at such time in the 
month of January annually, and at such other times as 
the society or the President thereof may direct, and 
any seven members of the said corporation, the Presi- 
dent, a Vice President, Treasurer or Secretary being 
one, shall be a quorum ; and the said society, at their 
meeting in January, annually, shall have power to elect ci.oicc of oTi- 
and choose a President, and all other snch officers as*^*^"^' 
to them shall appear necessary; which officers, so ''ho- 
«en, shall euntiuue in office one year, and until others 



466 NANTUCKET PACIF. BANK. Jan. 29, 1818. 

are chosen in their stead ; anrl the Treasurer and Sec- 
retary, so chosen, shall he under oath to the faithful 
performance of the duties of tlieir offices respectively. 

Sec. 7» J^e it further enacted, That tlie said soci- 
ety lierehy are, and forever shall he vested vsitli the 

Bylaws, powcr of making hy-laws for the more orderly manag- 
ing the business of the corporation ; jirovided tlie same 
are not repugnant to the constitution or laws of this 
Commonw^ealtli. ■.. 

Sec 8. B& it further enacted, That John Osgood, 
Willard Peele, and Stephen White, or any two of 
them, he, and they hereby are autliorized, by public 
notiiication, in tlie two newspapers printed in Salem, 

First meeiiog. to call the first meeting of the said society, at such time 
and place as they shall judge proper. 

[Approved by the Governor, January 29, 1818.] 



CHAP. LXV. 

An Act authorizing the President, Directors and Com- 
pany of the Nantucket Pacific Bank to increase the 
amount of their Capital Stock. 



Sec. 1. JtlE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That the Piesident, Direc- 
tors and Company of the Nantucket Pacific Bank be, 
and they arc hereby allowed to increase the capital 
Right of Stock- stock of said bank, one hundred thousand dollars, in 
holders. addition to the sum allowed by their act of incorpora- 

tion ; 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 stock- 
holders of said bank, for the time being, shall have a 
prior right to subscribe said sum, in proportion to the 
several shares held by them respectively, at the time 
of said subscription. 

Sec. 2. Be it further enacted, That fifty thousand 

dollars, of the above named additional sum, shall be paid 

Time of pay. iuto thc Said Bank, in ninety days after the passing of 

ing in stock, ^jj-g ^^^^ ^^^ ^jj^ remaining sum of fifty thousand doU 



METHODIST SOCIETY. Jan. S9, 1818. 467 

lars, on or before the first Monday of October next : 
Provided nevertheless^ that before the said corporation Provisn. 
shall proceed to do business upon the said additional 
capital, a certificate, signed by the President and Direc- 
tors of said Corporation, verified by the oath or affirm- 
ation 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 filed in the office of the 
Secretary of this Commonwealth. 

[Approved by the Grovernor, January S9^ 1818.] 



CHAP. LXVI. 

An Act in addition to an act, entitled, " An act to in- 
corporate a number of persons, by the name of the 
Methodist Society in Dresden." 

Sec. 1. JdE it enacted by the Senate and House of 
RepretSentativeSf in General Court assembled, and by 
the authority of the same, That the first section of an 
act, entitled *' An act to incorporate a number of per- 
sons, by the name of the Methodist Society in Dres- Section re. 
den," be, and the same is hereby repealed. 

Sec. 2. Be it further enacted, That George Good- 
win, Samuel G. Johnson, Stephen Twycross, Row- 
land Johnson, Solomon Blanchard, Edward Austin, Persons inco" 
Isaac Lilly, Benjamin Prescott, James Carney, Benjamin p"*"^'^^ 
Goodwin, rv]oses Call, John Kidder, Edward Kidder, 
Stephen Marson, junior, Daniel Cate, Benjamin Cate, 
•Tolin Hathorn, junior, John Bickford, Samuel Allen, 
.lohn Hathorn, John Alexander, James Stone, William 
Mayers, George Mayers, junior, John M'Gown, Eben- 
ezer Parker, Amos Allen, Nathaniel Benson, Thomas 
Lines, Benjamin Kidder, William O'Brien, junior, 
William O'Brien, .Tames O'Brien, Charles O'Brien. 
Samuel Allen, William Blair, John Blair, Ebenezer 
Hatch, William Hinckley, Reuben Hatch, Peter Allen, 
James White, John Webb, William Costolow, Amos 
Reed, junior, Benjamin Webb, Robert Lilly, Zebadi- 
ah Perkins, Jethro Hatch, Benjamin Bobbins, Francis 
White, John White, Simeon Hatch, William Barker, 



468 JOHN COOPER. Feb. S, 1818. 

Benjamin Gray, Converse Reed, George Allen, John 
Allen, Daniel Robbins, John Siegars, James Bugn'm, 
Samuel Alley, Aaron Bickford, George Bickford, Asa 
Dinsmore, Robert Bickford, John W. Barker, James 
Call, Richard Kidder, Joseph Fogg, Joseph McGown, 
David Call, Philip Call, and James T. btilphen. with 
their families and estates, together with such others as 
may hereafter associate with them and their successors, 
in the manner provided by this act, and the act to 
which this is in addition, be, and they are hereby in- 
corporated as a religious society, by the name of the 
Methodist Society in Dresden, with all the powers and 
privileges, which are exercised and enjoyed, and sub- 
ject to all the duties and disabilities of other religious 
societies, according to the constitution and laws of this 

Commonwealth. 

« 

[Approved by the Governor, January 29, 1818.] 



CHAP. LXVII. 

An Act to annex John Cooper to the Second Parish 
in West Springfield, 

JjE it enacted hy the Senate avd House of 
Representatives, in General Court assembled, and by 
the authority of the same^ That from and after the pass- 
ing of this act, John Cooper, of West Springfield, in 
the county of Hampden, with his polls and estate, be, 
and is hereby set off from the First Parish, and annex- 
ed to the Second Parish in said town : Provided never- 
theless, that the said John Cooper shall be holden to 

Condition of pay all taxes legally assessed on him, by the First 

recession Parish, prior to the passing of this act. 

[Approved by the Governor, February S, 1818.] 



PAWTUCKET BANK.— TAXES. Feb, », 1818. 469 

CHAP. LXVIII. 

An Act in addition to an act, entitled ^^ An act to 
incorporate the President, Directors, and Company 
of the Pawtucket Bank," and of the several acts in 
addition thereto. 

JdE it enacted hy the Senate and House of 
Keprpsentatives^ 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 Pavvtucket Bank, in lieu of being Payment of 
paid in, at the time by law now prescribed, may, fg_ stock extended 
spectiveiy, be pnid in at the discretion of the stock- 
holders 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 notwith- 
standing. 

[Approved by the Governor, February S, 1818.] 

CHAP. LXIX. 

An A.ct in addition to an act, entitled " An act in addi- 
tion to the several laws now in force, providing for 
the collection of Taxes.*' 

JjE it enacted by the Senate and Rouse of 
Bepresentatives, in General Court assembled, and by 
the authority of the same, That from and aftei the 
passing of this act, it may be lawful for any Town, 
Treasurer, who may also have been chosen a Collector, 
as well as Treasurer, as is provided for in the act to 
which this is in addition, to issue his warrant to the 
8heiiif of the county, or his Deputy, or to any Consta- 
ble of the same town, directing them to distrain the Der.nquents ©f 
person or property of any person or persons, who niay Jj^J^^^^'^" 
be delinquent in the payment of taxes, after the expira- 
tion of the time fixed for the payment thereof, by any 
vote of such town, subject to the same provisions as 
ar^ directed by the act regulating the colleetion of taxes 



470 PICKLED FISH.— MER. BANK. Feb. 2, 1818. 

in the town of Boston, passed on the twelfth day of 
March, in the year of our Lord one" thousand eight 
hundred and eight. 

[Approved by the Governor, February 3, 1818.] 



CHAP. LXX. 

An Act respecting the packing of Pickled Fish. 

JJ E it enacted by the Senate and House of 

liepresentatives, in General Court assembled, and by 

the authority of the same. That so much of the fourth 

section of an act, entitled " An Act to prevent fraud 

and deception in the packing of pickled fish, and to 

regulate the size and quality of the casks, and the sale 

Act repealed and exportation thereof, within and from this Common- 

ui part. wealth, and to repeal all laws heretofore made on this 

subject," passed on the sixth day of March, in the year 

of our Lord one thousand eight hundred and ten, as 

requires small fish to be packed edgewise in casks, be, 

« and the same is hereby repealed. 

[Approved by the Governor,, February 2, 1818.] 

^_* 1 . ■ :; I 

CHAP. LXXL 

An Act authorizing the President, Directors, and 
Company of the Merrimack Bank to increase the 
amount of their Capital Stock. 

Sec. 1. jSE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the President, Direct- 
ors, 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 ad- 
ditional sum to be subject to the same rules, restrictions 
and limitations as stated in tlie original act, to which 
this is in addition : And the stockholders of said bank, 



PARIS SET OFF. Feb. % 1818. 471 

for the time being, shall have the exclusive riajht to sub- 
scribe said- sura, in proportion to the sfcveral shares 
held by them respectively, at the time of said subscrip- 
tion. 

Sec. 2. Be it further enacted. That tyi^enty-five 
thousand dollars of the above named sum shall be paid 
into the said bank, on or before the first Monday of ^i^^e of paying 
April next; and twenty-five thousand dollars on or 
before the first Monday of October next: Providedrroym 
nevertheless, that before the said corporation shall pro- 
ceed to do business upon the said additional capital, a 
certificate, signed by the President and Directors of 
said corporation, verified by the oath 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 filed in the office of the Secretary of this 
Commonwealth. 

[Approved by the Governor, February 2, 1818.] 



CHAP. Lxxn. 

An Act to set oif part of the town of Paris, and to 
annex the same to Hebron. 

Sec. 1. JjE if enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the following described 
tract of land, with the inhabitants thereon, be set off 
-from the town of Paris, in the county of Oxford, and 
annexed to the town of Hebron, in the same county, by 
the following lines, to wit :— beginning at the south-east Boumiariea. 
corner of Paris, thence running northerly the breadth 
of lot number one, and seventy rods on number two, to 
a ledge of rocks, being the bound of Amos Bryant's 
land, both in the ninth range of lots in said town ; 
thence westerly on the line of said Bryant's land, 
which is a ledge, to the most westerly corner, whicli is 
a pile of stones standing on the said ledge ; thence due 
west to the end of said lot ; thence southerly on the 
line of said lot to its south-west corner ; thence westerly 
between number one and number two, in rangs number 
61 



47S LICENSED HOUSES. Fch. 2, 1818. 

eight, the length of those lots, and thirty-six rods be- 
tween number one and number two. in range number 
seven ; thenee by a right angle to Hebron line : And 
the said tract of land, w ith the inhabitants there<»n, is 
liereby set oft' from the town of Paris, and annexed to 
the tow n of Hebron : and the said inhabitants shall 
hereafter be considered inhabitants of the said town of 
i«p;hts K- pi ivi- Hebron, and shall tliere enjoy all the civil rights and 
i^b I imt pj.jyj]j.o|es, and shall be subject to all their civil duties 
and requisitions, in like manner >vith the other inhab- 
itants of said town. 

Sec. 3. He it further enacted. That the said inhab* 

Taxes to be itauts shall bc holdcu to pay all taxes heretofore legally 

p:ud. a^ssessed the present year, on them by said town of 

Paris, in the same manner as if this act had not passed. 

[Approved by the Governor, February 2, 1818.] 



CHAP. LXXIII. 

An Act for the due regulation of Jaceused Houses ia 
the town of J3ath. 

JjE it eviacted hij the Senate and House of 
Jiepreseyitatives. in General Court assembled, and by 
the authoritif of the same. That from and after the iirst 
day of JVIarch next, the act, entitled *• An act in addi- 
tion to an act, entitled an act for the due regulation of 
licensed houses,*' passed on the fourteenth day of De- 
cember, in the year of our Lord one thousand eight 
Regulation of hundred and sixteen, shall have the same force and 
Liceuses. eftVct, to all intcuts and purposes. Avitiiin the limits of 
the town of Bath, as it now has within the toM n of Bos- 
ton ; and the same proceedings shall in all respects be 
Lad within the limits of the said town of Bath, as are 
enjoined and authorized by said act. within the town 
of Boston, any law heretofore passed to the contrary 
Proviso. notwithstanding: Frovided however, that all fines and 
forfeitures incurred by any breach of this act. shall be 
prosecuted before any Court -within and for the county 
of Lincoln, proper to try the same ; and all fines and 



N. ENG. MUSEUM. Feb, 3, iSiS. 4^7'i 

forfeitures so paid and received, shall be for the use of 
said county, and be paid over to its Treasurer ac- 
cordini^ly. 

[Approved by the Governor, February S, 1818.] 



CHAP. LXXIV. 

An Act to incorporate the Proprietors of the New-Eng- 
land Museum and Gallery of Fine Arts. 

Sec. 1. 1>E z7 enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That Bthan A Greenwood, persons incop- 
Peter ^. bazin, John Dwight, and Samuel Jackson, ''^'''*^'''^- 
with their associates, successors and assigns, 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 town 
of Boston ; and by that name shall be and hereby are 
made capable in law to sue and be sued, plead and be May sue and 
impleaded, defend and be defended in any Ccmrt of*^^^"^^' 
Ilect)rd, or any other place whatsoever ; 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 ^^y^2'^^^hy\sy.%, 
think expedient ; and also to establish and put into ex- 
ecution such by-laws and regulations as to them shall 
appear necessary and convenient for the governraont of 
said corporation and the prudent management of their 
affairs : Provided the same be not repugnant to the laws 
of tills Commonwealth. 

Sec. 3. Be it further enacted, That said corpora- 
tion are hereby made capable in law to hold and pos- 
sess, for the purposes aforesaid, real estate to the amount M»y i.oi.i real 
of fifteen thousand dollars, and personal estate to thej^/^^'^"'^ ^^* 
amount of twenty.five thousand dollars. 

[Approved by the Governor, February 3, 1818.1 



4^4 BANKS.— BANK NOTES. Feb. 3, 1818. 

CHAP. Lx:?^v. 

An Act concerning the Union and Boston Banks. 

JjE it enacted by the Seriate and House of 
Representatives^ in General Court assemMed, and by 
the authority of the same, That the seventh section of 
an act, entitled ^'An act to incorpoirate the President, 
Directors and Company of the Union Bank," passed on 
the twenty-third day of June, in the year of our Lord 
Partsofacts One thousand eight hundred and twelve, and also the 
seventh section of an act, entitled ^' An act to incorpo- 
rate the President, Directors and Company of the Bos- 
ton Bank,'' passed on the twenty-third day of June, in 
the year of our Lord one thousand eight hundred and 
twelve, be, and the same hereby are repealed. 

[Approved by the Governor, February 3, 1818.] 



repealed. 



CHAP. LXXVI. 

An Act to repeal certain acts prohibiting the passing of 
Bank Notes in certain cases. 

Sec. 1. IjE if enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the pas- 
sing of this act, the fourth section of an act, entitled 
Acts repealed. « An act requiring the several incorporated banks in 
this Commonwealth, to adopt the Stereotype Steel 
Plate, in certain cases, and for other purposes." passed 
on the fourth day of March, in tlie year of our Lord one 
thousand eight hundred and nine, and also an act, enti- 
tled ^'An act in addition to an act requiring the several 
incorporated banks in this Commonwealth to adopt the 
Stereotype Steel Plate, in certain cases, and for other 
•.purposes," passed on the twenty-eighth day of June, in 
the year of our Lord one thousand eight hundred and 
nine, be, and the same are hereby repealed. 

Sec. 2. Be it further enacted, That the President 
and Directors of all the banks, which now are or may 
be hereafter incorporated under the authority of the Le- 



TOWN OFFICERS.— CHINA. Feb. S, 1818. 475 

gislature of this Comraonwealtb, shall have the power 

to issue and emit bills of the denomination of one, two, Emission of 

and three dollars, to the amount of twenty-five per cen-*"**'^ ^'"''* 

turn of their capital stock actually paid in, any thing in 

their respective acts of incorporation to the contrary 

notwithstanding. 

Sec. 3. Be it further enacted^ That no bank or 
banking company whatever, within this Common- 
Wealth, shall, at any time, make or issue any bill or bills 
whatever, wherein a fractional part of a dollar is expres- 
sed, under a penalty of one hundred dollars for every Penalty for 
bill so m-ide and passed, to be recovered by action oflf^'J^^^'jfgjP^'^*^ 
debt in any Court proper to try the same, to the use of 
the person who shall sue therefor. 

[Approved by the Governor, February 3, 1S18.] 



CHAP. LXXVIT. 

An Act explanatory of an act, entitled ^"^An act 
regulating the choice of Towu Officers and Town 
Meetings.'^ 

JdE it enacted hy the Senate and House of 
Mepreseniatives, in General Court assembled, and by 
thp authority of the same, That whenever the inhabit- Qualification of 
ants of any town or district are legally assembled to^°''^'^* 
act on any subject relating exclusively to parishes, no 
person who is not a member of said parish, and liable 
to be assessed for parochial charges, shall be permitted 
to vote Li such meetings, 

[Approved by the Governor, February 3, 1818.] 



CHAP. Lxxvm. 

An Act to incorporate the town of China. . 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the northerly part of 



476 CHINA. Veh, 5, 1818. 

the town of Harlem, in the county of Kennebec, to- 
Separate town. gethcT with a pai't of the towns of Fairfax and VV ins- 
low, in said county, as described within the following 
Boundaries, bouuds, with the inhabitants thereon, be, and they are 
hereby incorporated into a separate town, by the name 
of China : beginning at the north-west corner of the 
town of Harlem, thence southerly on the line between 
the towns of Harlem and Vassalborough, to tlie centre 
of Twelve Mile Pond, thence south-easterly to the 
south-west corner of lot numbered tliirty-five, in said 
town of Harlem, thence east south-east to the east line 
of the said town of Harlem, thence northerly on said 
cast line to the north-east corner of said town of Har- 
lem, thence west north-west on the dividing line be- 
tween said towns of Harlem and Fairfax, to the south- 
west corner of a lot of land in said Fairfax, numbered 
thirty, thence northerly to the north-east corner of lot 
numbered eighty- eight, in said Fairfax, thence west 
north-west to the south-west corner of lot numbered 
eighteen, thence northerly to the south east corner of 
lot numbered seven, thence west north-west to the out- 
let of Mud Pond in Winslow, thence southerly, by said 
stream and Mud Pond, to the original north line of said 
Harlem, thence west north-west to the bounds first men- 
tioned. 

Sec. 2. Be it further enacted, That the said town 
Arrears of tax- of China shall pay all arrears of taxes which have been 
es must be asscssed upou them, together with their proportion of 
all debts owed said towns of Harlem, Fairfax and 
Winslow, prior to the date of this act ; and that all 
q^uestions relative to property already existing shall be 
adjusted and settled in the same manner as if ibis act 
had not been passed ; and that the military stores of 
said towns of Harlem and Fairfax shall be estimated 
and divided in the same proportion that each town paid 
Paupers. at the time of the purchase thereof ; and that no pau- 
per shall be sent from one town to another of said 
towns for support, after the passing of this act, but each 
town shall support its own poor. 

Sec. 3. Be itjurther enacted, That all future state 

Division of ^^ county taxes, levied on said towns of Harlem and 

taxes. China, previous to a new valuation, shall be assessed 

iu the proportion of three eighths to Harlem and five 



WHEEL FACTORY. Feh. % 1818. 477 

eighths to China ; and also that one twentieth part shall 
be taken from the valuation of Fairfax, and added to 
said town of China. 

Sec. 1'. Be it further enacted, That any Justice of 
the Peace for the county of Kennebec be, and he here- 
by is empowered, to issue his warrant, directed to a 
freehold inhabitant of said town of China, requiring Election of 
him to notify and warn the inhabitants thereof qualified '^^^"o^^^'^s 
to vote in the choice of town oilicers, to meet at such 
time and place as shall be expressed in the said war- 
rant, to choose all such officers as other towns within 
this Commonwealth are by law required to choose at 
their annual town meetings. 

[Approved by the Governor, February 5, 1818.] 



CHAP. LXXIX. 

An Act to establish the Union Wheel Factory Company. 

Sec. 1. 15 E 2^ enacted by the Senate and House of 
MepresentativeSf in General Court assembled, and by 
the authority of the same. That Mellen Battle, Benj a- Persons incor 
min Bass, Warren White, and Benjamin White, to- P^^ated. 
gether with such other persons as now are, 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 of making wheels, pumps, blocks, 
screws, shives, and for the turning of wood and iron 
generally, in the town of Natick, in the county of Mid- 
dlesex, and Boston, in the county of Suffolk ; and for 
that purpose, shall have all the powers and privileges, Powers ami 
and be sul)jeet to all the duties and requirements con- ^""'^ses. 
tained 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. 

Sec. 2. Be it further enacted, That the said cor- 
poration may lawfully hold and possess such real es- 
tate, not exceeding the value of thirty thousand dollars, capital stoc\ 
and^ personal estate not exceeding the value of fifty 



f^ MANUFACTURING COMP. Feb. 7, iSiS, 

tliousaad dollars, as may be convenient and necessary 
for the carrying on of the manufactures aforesaid. 

[Approved by the Governor, February 7> 1818.] 



CHAP. LXXX. 

An Act to incorporate the Attleborough City Manufac* 
turing Company. 

Sec. 1. JtlE if enacted hy the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same. That Joel Read, Lemuel 
Persons iiKor- May, Carlos Barrows, Squire French, Ebenezer Dra- 
poraied. p^j.^ ^^^ Nathaniel Allen, with such other persons as 
already have, or may hereafter associate with them, 
their successors and assigns, be, and they hereby are 
made a corporation, by the name of the Attleborough 
City Manufacturiug Company, for the purpose of 
manufacturing cotton yarn, on the Seven Mile River, 
(so called) in the town of Attleborough, in the county 
of Bristol ; and for this purpose shall have all the pow- 
Powersand ©rs and privileges, and be subject to all the duties and 
privileges. requirements, contained in an act passed on the third 
day of March, in the year of our Lord one thousand 
eight hundred and nine, entitled ^' An act defining the 
general powers and duties of manufacturing corpo- 
rations." 

Sec. S. Be it further enacted, That said corpora- 
tion may be lawfully seized and possessed of such real 
May hold real estate, not exceeding the value of thirty thousand dol- 
estate. |g^j,g^ ^^^ siich pcrsoual estate, not exceeding the value 

of forty thousand dollars, as may be necessary and con- 
venient for carrying on the manufactory of cotton yarn 
in said town of Attleborough. 

[Approved by the Governor^ February 7^ 1818.] 



CONGREGA. SOCIETY. Feb, 7, 1818. 479 

CHAP. LXXXL 

An Act incorporating the South Congregational Soci- 
ety in Barnstable. 

Sec. 1. llE it enacted by the Senate and House of 
Mpp^e^pntativeSj in General Court assembled, and by 
the authority of the same. That Joseph Phinney, Paul 
Phinney, \V illiam Phiriney, Solomon Phinney, Alvan 
Phiiiuey, James Crosby, Job Childs, Ephraim Lewis, Persons incor- 
Levi Kelley, Thomas Lewis, Joseph Lewis, James p°'"^^''" 
Lewis. Edvvard Lewis, Freeman Kelley, Benjamin 
Jacob Childs, Eleazer Bearse, Ebenezer Case, Ger- 
shom Bearse, John Bearse, Moses H. Bearse, Eli 
Hinckley, Allen G. Drody, Silvanus Alexander, Mo- 
ses Stuigess, Timothy Crocker, Lot Bearse, Benajali 
Berry, Timothy Bearse, Josiah Beafse, Allen Hallet, 
Ebenezer P. Bearse, Freeman Bearse, Samuel Pitch- 
er, Peter Norris, Elisha Hall, Luther Hall, Ebenezer 
Case, junior, Lot Case, James Hathaway, junior, Seth 
Bassett, Henry Bassett, Samuel Sturgess, John Stur- 
s;!'ss, John Sturgess, junior, Lot Sturgess, David Lin- 
nell, 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 in- 
corporated 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. 

Sec. 2. Be it further enacted, That any inhabitant 
of tl:a town of Barnstable, who may wish to become a 
member of said South Congregational Society, may, 
on or before the first day of xVlarch, in the year of our 
Lord one thousand eight hundred and twenty, join said secession. 
society, and become a member thereof, he applying to 
the Clerk of said South Congregational Suciety, 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 
Coiigregational Society, who may wish to join either 
of the other congregational societies in Barnstable, on 
or before the first day of March, in the vear of our 
6^ 



480 CONGREGA. SOCIETY. Feb. 7, 1818. 

Lord one thousand eight hundred and twenty, may 
become a member of either of said societies, by the 
like proceedings. 

Sec. 3. Be it further enacted, That all persons, 
who may hereafter settle in the said town of Barnsta- 
ble, and purchase the estates of members of said Scuith 
Membeiship, Cougretional Society, shall thereby become members 
of said South Congregational Society, and shall have 
the liberty of joining either of the other congr- gational 
societies in said town, within one year next afterward, 
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 jojn said South Congregational Soci- 
ety, within one year next afterwards, by a similar 
proceeding. 

Sec. 4. Be it further enacted, That when any per- 
son, an inhabitant of said town of Barnstable, shall 
arrive at the age of twenty-one years, nnd may wish to 
May join join Said South Congregational Society, of which he 
year'^*"°"^ or she is not a member, he or she shall be allowed one 
year next afterward, to join said South Congregational 
Society, in the same way and manner as is provided 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 allowed one year next afterwards, to join 
either of the other congregational societies, in the same 
manner. 

Sec. 5. Be it further enacted, That David Scud- 
May can meet- der, Esquire, or any other Justice of the Peace for the 
iTfSeTs!' *'''''""' county of Barnstable, be, and hereby is authorized, 
(upon application made for that purpose.) to issue his 
warrant, directed to some member of said South Con- 
gregational Society, requiring him to warn the mem- 
bers of said society, qualified by law to vote in parish 
affairs, to assemble at some suitable time and place, as 
shall be expressed in said warrant, to choose such offi- 
cers as parishes by law are required to choose, in the 
month of March or April annually, and to transact all 
other matters and things necessary to the well being of 
said society. 

[Approved by the Governor, February 7? 1818.] 



MARBLE MANUFACTORY. Feb. 9, 1818. 481 



CHAP. LXXXII. 

All Act to establish the Thomaston Marble Manufac- 
turing Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Sullivan Dwight and Persons incor. 
John Dwight, with such others as already have ormay ^^^^''^*^' 
hereafter associate with them, their successors and as- 
signs be, and they are hereby made a corporation, by 
the name of the Thomaston Marble Manufacturing 
Company, for the purpose of manufacturing marble on 
new and improved plans, in all its various forms and 
branches, from marble or lime quarries, in said town 
of Thomaston ; and for the purpose aforesaid, shall 
have all the powers and privileg«s, and shall also be Powers. 
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 one thousand eight hundred 
and nine, entitled ^^ An act defining the general pow- 
ers and duties of manufacturing corporations." 

Sec. 2. Be it further enacted. That said corpora- 
tion shall have power to build and erect suitable mills May erect 
and other works for the manufacturing of marble or^'*'^''^* 
lime rock as aforesaid, and to purchase and to hold 
marble and lime quarries for the purpose aforesaid, 
within said town of Thomaston. 

Sec. 3. Be it further enacted, That said corpora- 
tion may be lawfully seized and possessed of such real May hoia real 
estate within said town, necessary for said business, ^^^^^^• 
not exceeding the value of seventy thousand dollars, 
and personal estate, not exceeding thirty thousand dol- 
lars, as may be necessary and convenient for carrying 
on the manufacturing aforesaid. 

[Approved by the Governor, February 9, 1818,] 



48S SCHOOL FUND.— LOGS, &c. Feb. % 1818. 

CHAP. LXXXIII. 

An Act in addition to an act, entitled " An art to in- 
corporate tlip Trustees of tlie Standish Scliool Fund." 

Sec. 1. JlE it enacted by the Sevate avd House of 
Representatives, in General Court assembled^ and by 

.Tiifiticeto sv^vn^be authority of the same^ That any Justice of the Peace 

first meeting, fyr the county of Cumberland, upon application there- 
for, is lierebj'^ authorized to issue his warrant, directed 
to one of the Trustees named in the act, entitled " An 
act to incorporate the Trustees of the Standish School 
Fund,'* requiring him to notify and call the first meet- 
ing of said Trustees, at such convenient time and place 
as shall be appointed in the said warrant, for tlie pur- 
pose of organizing the said corporation, by the elec- 
tion and apiM)intment of its officers. 

Sec. S. Be it further enacted. That the fourth sec- 

Sfction re. ^^^^ ^^ ^^^^ ^^^^ ^^ which this act is in addition, be, and 

pealed. the samc hereby is repealed. 

[Approved by the Governor, February 9, 1818 ] 

CHAP. LXXXIV. 

An Act in' addition to the several laws now in force, to 
secure to owners their property in logs, masts, spars, 
and other timber. 



Extension of 
timber act. 



Seetion of act 
repealed. 



Sec. 1. JDFi it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the same provisions, 
contained in the first section of the act, entitled *' An 
act in addition to an act, entitled An act to secure to 
owners their property in logs, masts, spars, and other 
timber," which is applied to Saco river, shall, after 
the passing of this act, be also extended to Presumscot 
river. 

Sec. S. Be it further enacted, That the third sec- 
tion of the said act, to which this is in addition, be, and 
the game is hereby repealed. 



REV. OF CIVIL ACTIONS. Feb. 9, 1818. 483 

Skc. 3. Be if further enacted, That the owner or 
owners of any logs, or other timber, or their agents, 
shall have liberty at all times, in a peaceable manner, 
to enter any mill, or any mill brow, boom, or raft of Ma) search 
logs or other timber, in search of any logs or other "^'"^' ^"^ 
timber, which they may suspect to be there ; and 
any person or persons who shall prevent such search, 
shall forfeit and pay for each and every such offence, 
a fine not less than twenty-five dollars, nor more 
than one hundred dollars, to be recovered by ac- 
tion of debt ill any court proper to try the same, in the 
name of the person who thus sustains the damage, and 
to be for his use. 

Skc. 4. Be it further enacted, That if any person 
shall be found to have in his saw mill or on his mill 
brow, lying on said Presumscot river, or on the rivers, 
stieams or ponds emptying into the same, any mill log, 
or mast marked with the mark of the proper owner, 
and which does not belong to the person who shall thus 
be found to have the same in possession as aforesaid, 
shall, for each and every log or mast so found, forfeit 
and pay the sum of twenty dollars, to be recovered by Fines for de- 
actiiui of debt before any Justice of the Peace in the'^"^'°"*^f'"s« 
county where the offence is committed, for the use of 
the proper owner of said log or mast who shall sue for 
the same. 

[Approved by the Governor, February 9, 1818.] 



CHAP. LXXXV. 

An Act to repeal the act granting the privilege of Re- 
view in Ci>il Actions. 

IjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the act passed the twen- Act repealed. 
ty sixth day of February, in the year of our Lord one 
thousand seven hundred and eighty-seven, entitled "An 
act granting tlie privilege of review in civil actions," 
be, and the same is hereby repealed : Provided how- Fro\iso. 
ever^ that the said act, and all the provisions thereof, 



484 BAPTIST SOCIETY. Feb. 9, 1818. 

shall be and remain in force, as to all actions in which 
an ap|)eal has already been entered from the judgment 
of any Court of Common Pleas. 

[Approved by the Governor, February 9, 1818.] 



CHAP. LXXXVI. 

An Act to incorporate the First Baptist Society in the 
town of Bath. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Elijah Low, George 
W. Barton, VVilliam Bourk, John Blake, John Clifford, 
Ebenezer Colson, George Coombs, Isaac Crocker, 
Persons incoi-- Joshua B. Cushiiig, Uavid Dexter, Jonathan Dresser, 
porated. Joscph Dycr, Cobum Emerson, Ebenezer Emery, Jo. 
seph Hayes, James Foster, James Haley, Thomas Ha- 
ley, David Haynes, Philip Higgins, Simeon Higgins, 
Noah Innis, John Lane, Daniel Allen, William Low, 
John Lemont, William Lemont, James McLellan, 
George Marston, John Matthews, Joseph Mitchel, 1st, 
Joseph Mitchel, 2d, John Mitchel, Edmund Mores, 
Stephen Morse, William Morse, Samuel Noble, Ed- 
Avard H. Page, junior, Joseph Parsley, David Percy, 
Daniel Peterson, John Ranks, Benjamin Riggs, George 
Riker, Thomas D. Robinson, William Rouse, Joseph 
Sewall, Oliver Snowman, Samuel Slanwood, Thomas 
P. Stetson, Jolin B. S wanton, Joshua 'I'hornton, Johu 
Todd, Fobes Turner, junior, James Wakefield, Tim- 
othy W. Waldron, David Walker, Edmund Warren, 
Benjamin White, Joseph White, William Whitney, 
Gamaliel Whittemore, Joshua W^iiigate, junior, Dun- 
ham VVhitham, Henry Wyer, and Hezekiah Wyman, 
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 
are hereby incorporated as a religious society, for the 
purposes of social Worship, according to the faith and 
order of the reli2;ious denomifiation of baptists, by the 
name of the First Baptist Society in Bath, with all the 



BAPTIST SOCIETY. Feb, 9, 1818. 48.^) 

corporate po^^'ers and privileges of other religious so- 
cieties, according to the constitntion and laws of this 
Commonwealth. 

Sec. 2. Be it further enacted. That any inhabitant 
living in either of the adjacent towns, who may here, 
after desire to join in religious fellowship with the said 
Baptist Society in Bath, shall have a right so to do, by 
declaring such desire and intention in writing, and de- 
livering the same to the Minister, or Clerk of the said Regulations for 
Baptist Society, fifteen days before the annual meeting, ^^^"iJe"! 
thereof, and shall also deliver a copy of the same to the 
Town Clerk, or to the Clerk of any other religious so- 
ciety, with which such person has been before connect- 
ed, fifteen days before the annual meeting thereof : and 
if such person can produce a certificate of admission, •* 

signed by the Minister and Clerk of said society, pur- 
porting that he or she has united with and become a 
member of said Baptist Society, such person, from the 
date of said certificate, with his or her polls and estate, 
shall be held and considered members of the said First 
Baptist Society in Bath, and shall be exempted from 
taxation, towards the support of any other religious so- 
ciety, in the town or parish where such person may 
dwell. 

Sec. 3. Be it further enacted. That when any mem- 
ber of said First Baptist Society in Bath, may see cause 
to secede therefrom, and to unite with any other reli- Secession. 
gious society in the town of Bath, or in either of the 
adjoining towns, the same forms and process of a writ- 
ten declaration and certificate shall be made, required, 
and given, mutatis mutandis, as is prescribed and re- 
quired in tlie second section of this act : Provided al- Proviso. 
ivaySf that in every 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 as- 
sessment of all parochial or society debts and expenses, 
which have beeft voted and assessed, and not paid pri- 
or to such secession. 

Sec. 4. Be it further enacted, That any Justice 
of the Peace for the county of lancoln be, and he is Meeting called 
hereby empowered, upon application therefor, to issue ^"^^^^1^°"'^*^* 
a warrant, directed to a freehold inhabitant of the said 
town of Bath, belonging to said society, requiring him 



486 REMEDIES IN EQUITY. Feh, 10, 1818. 

to notify and warn the members of the said First Bap- 
tist Society, 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. 

[Approved by the Governor, February 9, 1818.] 



CHAP. LXXXVII. 

An Act for giving further remedies in Equity. 

Sec. 1. JJE i7 enacted by the Senate and House of 
Hepresentativea, in General Court assembled, and by 
the authority of the same, That from and after the pass- 
ing of this act, the Justices of the Supreme Judicial 
Court shall have power and autliority to hear and de- 
Elquity oases, termiuc in equity, all cases of trust arising under deeds, 
wills, or in the settlement of estates ; and all cases of 
contract in writing, where a party claims the specific 
performance of the same, and in which there may not 
be a plain, adequate, and complete remedy at law ; and 
the bill or complaint in such cases may be inserted in 
a writ of attachment or original summons, returnable to 
the same court, and such writ be served on the ad- 
verse party as other writs of attachment, or original 
summons are by law to be served, or the same may be 
otherwise brought according to the course of proceed- 
ings in the Courts of Chancery. And the said Justices 
s.j.CouitmayOf the Suprcmc Judicial Court shall have authority to 
issue writs, &c iggue all such writs and processes, as may be necessa- 
ry, or proper to carry into effect the powers hereby 
granted : and to make, from time to time, all necessary 
rules and orders for the convenient and orderly con- 
ducting of the said business, provided the same be not 
repugnant to the constitution and lavi^s of this Common- 
wealth ; and provided also that the cases of contract, to 
which this act shall apply, shall be to such only as 
shall be hereafter made in writing. 

[Approved by the Governor, February 10, 1818.] 



WITNESSES— CONSTABLES. Feb. 10, 1818. 487 

CHAP. LXXXVIII. 

An Aet establishing the Compensation of Witnesses. 

15 E it enacted by the Senate and Hause of 
B,epresentativeSf in General Court assembled^ and by 
the authority of the same, That from and after the pass- 
ing of this act, each and every witness duly summoned 
to attend at the Supreme Judicial Court, or any Court 
of Common Pleas or Sessions, shall be entitled to one 
dollar for each and every day's attendance at either of 
said courts as a witness. 

[Approved by the Governor, February 10, 1818,] 

CHAP. LXXXIX. 

An Act concerning Constables. 

15 E it enacted by the Senate and House of 
MeprespMtativeSf in General Court assembled, and by 
the authority of the same, That all unincorporated 
plantations, which shall from time to time, be ordered 
by the General Court to pay any part or proportion of 
the public taxes, shall be and they hereby are fully 
vested with the same rights and powers of choosing 
Constables, as towns by law possess ; and the powers, 
duties, oath and responsibilities of such Constables iu 
plantations, shall be the same as of those in towns, 

[Approved by the Governor, February 10, 1818.] 

CHAP. XC. 

An Act to authorize the town of Hingham to sell cer- 
tain real estate. 

Sec. 1. JDE j^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
63 



488 REAL ESTATE.— ALEX. RICE. Feb. 10, 1818. 

town of Hingham. at any legal meeting or meetings, by 
them to be held, may, from time to time, appoint a com- 
mittee of three discreet freeholders, inhabitants of said 
town, who shall have power, during their cojrtinuance 
May sell land In officB, to scll and pass decds of any or all such pieces 
and pass deeds, g^jj J parccls of land, held by the said inhabitants as 
aforesaid, to any person or persons, his, her or t eir 
heirs and assigns, for such consideration as shall be 
agreed upon ; which deed and deeds, duly executed, 
acknowledged and recorded, shall pass good titles to 
the purchaser or purchasers, his, her or 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. 

Sec. 2. Be it further enacted, That the money which 
shall be received for the sale of said lands, after de- 
ducting therefrom all expenses which shall be incurred 
in the transaction of the business, shall constitute a 
fund, the interest of which shall be applied, exclusive- 
Apprepriation ly, to the support of pubUc schools, and the maintenance 
slhooi? &c. ^^ ^^® PO'^'* ^^ ®^^^ 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 interest, as received, to the purposes afore- 
said. 

[Approved by the Governor, February 10, 1818.] 



CHAP. XCL 

Au Act to annex Alexander Rice to the second parish 
in the town of Kittery. 

JBE if enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the aafhority of the same^ That Alexander Rice, of 
the town of Kitrery, in the county of York, with his 
Conditional polls and estate, be, and they hereby are set off from 
setoff. {jjg ^j.g(. pai-isii, and annexed to the second parish in 

said town : Provided the said Alexander Kice shall 



SUFFOLK BANK. Feb, 10; 1818. 489 

pay his full proportion of all parish charges due from 
hitn to the said first parish, prior to the passing of this 
act 

[Approved by the Governor, February 10, 1818.] 



CHAP. XCII. 

An Act to incorporate the President, Directors and 
Company of the Suffolk bank. 

Sec. 1. JDE it enacted hy the Senate and House of 
Ilppresentatives, in General Court assembled, and hy 
the authority of the same, That Samuel R. Miller, Pat- Persons incor. 
rick T. Jackson, Eliphalet Williams, William Law- 1'"'^"'^''- 
renee, Daniel P. Parker, George Bond, Edmund Mun- 
roe, 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 Wednesday 
in x\pril next, until the first Monday in October, which 
will be in the year of our Lord one thousand eight hun- 
dred and thirty-one ; and the said corporation shall al- 
ways be subject to the rules, restrictions, limitations, 
taxes and provisions, and be entitled to the same rights, Rights, See 
privileges and immunities, which are contained in an 
act, entitled " An act to incorporate the President, Di- 
rectors and Company of the State Bank," except in so 
far as the same are modified or altered by this act, as 
fully and effectually as if the several sections of said 
act vv^ere herein specially recited and enacted. 

Skc. 2. Be it further enacted. That the capital stock 
of said corporation shall consist of the sum of five hun- capUai stock 
dred thousand dollars in gold or silver, to be, besides such 
part as this Commonwealth may subscribe, in manner 
hereinafter mentioned, divided into shares of one hun- 
dred dollars each, which shall be paid in manner fol- 
lowing, that is to say ; one fourth part thereof on or be- Time of pay- 
fore the fifteenth day of April next; one fourth part™^"'- 
thereof on or before the fifteenth day of July next ; one 
fourth part thereof on or before the fifteenth day of Oc- 
tober next ; and the residue ou or before the fifteenth 



490 



SUFFOLK BANK. 



iFeb. 10, 1818. 



day of January next. And the Stockholders, at their 
first meeting, shall by a majority of votes, determine 
the mode of transferring and disposing of said stock 
and the profits thereof; which, being entered in the 
books of said corporation, shall be binding on the 
stockholders, their successors and assigns, until they 
shall otherwise determine. And the said corporation 
are hereby made capabje in law, to have, hold, pur- 

Msy hold real chasc, reccivc. possess, enjoy and retain to them, their 

estate. succcssors and assigns, lands, tenements, and heredit- 

aments, to the amount of fifty thousand dollars, and no 
more, at any one time ; with power to bargain, sell and 
dispose of the same, and to loan and negociate their 
monies and effects, by discounting on banking princi- 
ples, on such security as they shall think advisable : 

Prcniso. JProvlded however, 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 : And provided further, that 

BisposUioaof MO mouies shall be loaned, or discounts made, nor shall 
any bills or promissory notes be issued from said bank, 
until the capital subscribed and paid in, and existing 
in gold or silver in their vaults, shall amount to one 
fourth part of the whole capital stock, nor until said 
capital stock, actually in said vaults, shall have been 
inspected and examined by three commissioners, to be 
appointed by the Governor for that purpose, whose du- 
ty it shall be, at the expense of said corporation, to ex- 
amine and count the monies actually existing in said 
vaults, and to ascertain, by the oath of the Directors of 
said bank, or a majority of them, that said capital stock 
liath been bona fide paid in by the stockholders of 
said bank, and towards payment of their respective 
shares, and not for any other purpose ; and that it is 
intended therein to remain as part of said capital, and 
to return a certificate thereof to the Governor. 

Sfc. 3. Be it further enacted. That the said bank 
shall be established and kept in the town of Boston. 

Sec. 4. Be it further enacted, That whenever the 
Legislature shall require it, the said corporation shall 

Loans tostate. loan to the Commouwealth any sum of money, which 
may be required, not exceeding ten per centum of the 



Stock. 



Inspection of 
vaults. 



Location. 



SUFFOLK BANK. . Feb. 10, 1818. 491 

capital stock, then actually paid in, at any one time, 
reimbursable by five annual instalments, or at any short- 
er 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 said cor- 
poration, without their consent, for a larger sum than 
twenty per centum of their capital then paid in. 

Sec. 5. Be it further enacted, That the persons 
herein before named, or any three of them, are author- 
ized to call a meeting of the members and stockholders Meeting fm- 
of said corporation as soon as may be, at such time and;;[;°^'^^°^''*^' 
place as they may see fit to appoint, by advertising the 
same in any two of the newspapers printed in the town 
of Boston, for the purpose of making, ordaining and es- 
tablishing such by laws and regulations for the order- 
ly conducting of the affairs 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. 

Sec. 6. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
shall make provision therefor by law, to subscribe, on state subscrip- 
account of the Commonwealth, a sum not exceeding t'°n- 
two hundred and fifty thousand dollars, to be added to 
the capital stock of said corporation, subject to such 
rules, regulations and provisions, as to the manage- 
ment thereof, as shall be by the Legislature made and 
established. 

Sec. 7' T^e it further enacted. That whenever the 
Commonwealth shall subscribe to the capital stock of 
said corporation, 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 state Directors. 
said bank, in proportion as the sums paid from the 
treasury of the Commonwealth shall bear to the whole 
amount of stock actually paid into the said bank, if at 
any time hereafter, they shall judge fit to exercise that 
right. 

Sec. 8. Be it further enacted, That the said bank 
shall not receive and issue as currency, or take by way shaii not traf. 
of general deposit, or trade or traffic in, or in any man- bliis" ""^'^ 



4f9S 



FEMALE ACADEMY. 



Feb. 10, 1818. 



ner receive or purchascj any bills, promissory notes, or 
other iiegoeiable paper of any incorporated or unincor- 
porated bank of any state, territory, colony or province, 
whatsoever, except such as may be issued by the bank 
of the United States or some of its branches, or by some 
of the banks within this Commonwealth. 

8ec. 9. Be it further enacted. That should the 
said bank offend against the provisions of the preceding 
Penalties. scction, It shall forfeit and pay a sum equal to the whole 
amount of the bills so received, taken and issued as 
aforesaid, to be recovered in any court of competent ju- 
risdiction, by bill, complaint or information, the one 
half for the benefit of the Commonwealth, and the other 
for the benefit of him or them who shall sue or prose- 
cute for the same. 

[Approved by the Governor^ February 10, 1818.] 



CHAP. XCIII. 



Location. 



Trustees. 



May sue anJ 
be suet!. 



A»i Act to establish the Cony Female Academy. 

Sec. 1. JjE if enacted by the Senate and House of 
MepresentativeSf in General Court assembled, and bij 
the authority of the same, That there be, and hereby 
is established in the tow n of Augusta, in the county of 
Kennebec, an Academy, by the name of the Cony 
Female Academy, for the purpose of promoting the 
education of youth, and more especially females. 

Sec. 3. Be it further enacted, That the Honorable 
Samuel S. Wilde, the Honorable Nathan Weston, 
junior, Samuel Cony, Ruel Williams, and Daniel 
Stone, Esquires, be, and they are hereby incorporated 
into a body politic, by the name of the Trustees of the 
Cony Female Academy ; and they and their successors 
shall be and continue a body politic and corporate, 
by the same name forever. 

Sec. 3. Be it further enacted, That the said Trus- 
tees and their successors, shall have a common seal, 
which they may break, change, and renew from time 
to time, as they shall see fit; and they may sue and be 
sued, in all actions, real, personal and mixed, and pro- 



FEMALE ACADEMY. Feb. 10, 18t8. 193 

secute and defend the same to final juds;raerit and ex- 
ecu tiun, by the name of the Trustees of the Cony 
Female Academy ; and may appoint an agent or agents, 
to prosecute and defend such suits. 

Seq. 4. Be it further enacted, That the said Sam- 
uel S. Wilde and others, the Trustees aforesaid, and 
their successors be, and they are hereby made the Vis- 
itors, Trustees and Governors of the said academy, in 
perpetual succession, to be continued in the way and 
manner hereafter specified, with full power and author- cmeraipow 
ity to elect all such officers of the said academy, as^^*- 
they shall judge necessary and convenient, and to make 
and ordain such laws, orders, and rules, not repugnant 
to the laws of the Commonwealth, for the good govern- 
ment of said academy, as to them shall seem fit and 
requisite. 

Sec. 5. lie it further enacted, That the number of 
Trustees aforesaid, shall not, at any one time, be morexumberof 
than five, nor .less than three, a majority of whom shall ^'"^^*^*^* 
be necessary to constitute a quorum for transacting bu- 
siness. 

Sec. 6. Be it further enacted, That as often as one 
or more of the Trustees of said academy shall die or 
resign, or, in the judgment of the major part of the 
Trustees, shall be rendered incapable by age, or other- 
wise, of discharging the duties of his office, the Trus- Vacancies to be 
tees then surviving, shall elect one or more persons to^'"''*"^ 
fill up the vacancy or vacancies. 

Sec. 7. Be it further enacted, That the Trustees 
aforesaid shall be deemed and taken in law to be and Donations 
stand seized in fee simple and in possession of all the 
estate which was conveyed to them on the twenty- fifth 
day of December, one thousand eight hundred and 
fifteen, by the Honorable Daniel Cony, of Augusta, 
in trust for the use and support of a female acade- 
my ; and they and their successors shall be, and they 
are hereby rendered capable in law to take and hold 
by gift, grant, devise, bequest or otherwise, any oth- 
er lands, tenements or estates, real or personal: Pro- 
vided, that the annual income of the said real es- 
tate shall not exceed one thousand dollars, and the an- J;;f^j!;^['°" ''^ 
nual income of the said personal estate shall not ex- 
ceed the sum of three thousand dollars. And all deeds 



49^ 



HOWE'S WHARF. 



Feh. 10, 1818. 



First meetitio 



and instruments which the said Trustees, or a major 
part of them may lawfully make and subscribe, shall 
be sealed with the seal of said corporation, and shall 
be valid in law to pass the estate therein conveyed. 

Sec. 8. Be it further enacted, That the Honorable 
Samuel 8. Wilde be, 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. 

[Approved by the Governor, February 10, 1818.] 



CHAP. XCIV. 

An Act to incorporate the Proprieters of Rowers 
Wharf, in the town of Boston. 

Sec. 1. JjE zf enacted ly the Senate and House of 
Representatives, In General Court assembled, and by 
the authority of the samo, That Israel Munson, John 
French, John Perry, all of Boston aforesaid, and their 
associates, successors and assigns, be, and they here- 
by are constituted a body politic and corporate, by the 
name of the Proprietors of Rowe's Wharf; and the 
said corporation, by the same name, are hereby declar- 
ed and made capable in law to sue and be sued, to 
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 hereinafter described, consistent with the laws 
of the Commonwealth, and generally to do and execute 
whatever by law shall appertain to bodies politic. 

Sec. 3. Be it further enacted, That the said cor- 
poration be, and hereby is declared capable to have, 
hold and possess certain real estate, situate in said Bos- 
ton, bounded and described as follows, to wit : wester- 
May hold real ly on Battery March Street, there measuring two hun- 
estate. ^1^,^^ g^^j twcuty feet, more or less, northerly by India 

Wharf and by the flats before the same, easterly on the 
channel, there measuring two hundred and fifty-four 
feet, more or less, and southerly by a thirteen fiet 
high. way leading from the water to Fort Hill, or how- 



Persons incbr 
poraied. 



May sue and 
be sut^d. 



ROWERS WHARF. Feb, 10, 1818. 495 

ever otherwise bounded, together with all the rights, 
privileges and appurtenances thereof ; provided the Proviso. 
lawful proprietors thereof shall legally convey 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 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 meet- 
ing : Provided always, 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 as- 
sociates or corporation, or into any authority to extend 
the dimensions of said wharf beyond the title and au- 
thority, which the present proprietors thereof now have 
and possess in this behalf. 

Sec. 3. Be it further enacted, That the said corpo- 
rate property shall be divided into shares, not exceed- 
ing two hundred in number, as the said corporation may Division of 
find to be most expedient ; and said shares shall be di. shares- 
vided 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 corpora- 
tion, and issued to the proprietors accordingly; and 
the shares in said corporation shall be transferable by shares trans 
endorsement on the back of said certificates ; and the^erabie. 
property 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 accordingly ; and such shares shall in 
all respects be considered as personal estate. 

Sec. 4. Be it further enacted, That the said cor- 
poration shall have power, from time to time, to assess Assessments. 
such sums of money as may be deemed necessary for 
rebuilding or repairing any buildings whatever, or other 
property of said corporation, or necessary for the build- 
ing of any new wharves, or tenements, within the afore- 
said limits, or for the improvement and good manage- 
ment of the corporate estate agreeably to the true intent 
and meaning of this act. And in case any proprietor 
shall refuse or neglect to pay any assessment, the said 
corporation may cause such of the shares of such pro- 
64 



49G 



HOWE'S WHARF. 



Feh. 10, 1818. 



Sule of ilelin- 
quent ^ares. 



Limifation of 
coi'porate pro- 
pertj. 



Regulation of 
voles HiicI as- 
sessments. 



First meetlns 



pvietor, as may be sufficient therefor, to be sold at pub- 
lic auction, after ten days notice, to tlie highest bidder ; 
and after deducting the amount assessed and unpaid, 
together with the charges of sale, tlie surplus, if any, 
shall be paid over to such proprietor ; and the purcha- 
ser of such share or shares, so sold, shall be entitled to 
and receive a certificate of the share or shares by him 
purchased accordingly. 

Sec. 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 sura of two hundred 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 always, that no one mem- 
ber shall ever be entitled to more votes than sliall be 
equal to one third part in value of the corporate prop- 
erty ; 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 pub- 
lie notice shall have been given, at least ten days pre- 
vious to such meeting, of the purpose of such meeting, 
by publicat'on thereof in one or more newspapers print- 
ed in Boston. Proprietors may appear and act at any 
meeting by proxy in writing. 

Sec. 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 newspapers printed in Boston, ten days at least be- 
fore 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. 

[Approved by the Grovernor, February 10, 1818.] 



CHARITY FUND. Feh. 10, 1818. 497 

CHAP. XCV. 

All Act to incorporate the Trustees of the Charity Fund 
in the First Parish in Portland. 

Sec. 1. JjE it enacted by the Senate and House of 
Representative's, in General Court assembled, and by 
the authority of the same^. That the Reverend Tcha- Persons incor- 
bod Nichols, Honorable Samuel Freeman, Honorable p"*^^^*^'^ 
Woodbury Story, Honorable Mat