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

ACTS AND RESOLVES 



MASSACHUSETTS. 



1802-1803. 



[Published by the Secretary of the Commonwealth, under 
Authority of Chapter 104, Kesolves of 1889.] , 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS 



BOSTON : 

Printed by YOUNG & MINNS, 
Printers to the Honorable the General Court of the Commonwealth. 

MDCCCII. 



Reprinted by Wright & Poiter Printing Company, State Printers. 

1898. 



ACTS AND LAWS, 

PASSED BY THE GENERAL COURT OF MASSACHUSETTS, AT 
THE SESSION BEGUN AND HELD AT BOSTON, IN THE 
COUNTY OF SUFFOLK, ON WEDNESDAY, THE TWENTY- 
SIXTH DAY OF MAY, ANNO DOMINI, 1802. 



1803. — Chapter 1. 

[May Session, ch. 1.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT AU- 
THORIZING THE COURTS OF GENERAL SESSIONS OF THE 
PEACE TO LIBERATE POOR CONVICTS FROM PRISON, AND TO 
DISPOSE OF THEM IN SERVICE FOR PAYMENT OF COSTS OF 
PROSECUTION." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same ; That the powers vested in the Courts of Gen- 
eral Sessions of the peace in the several Counties in this 
Commonwealth, by the Act to which this is an addition, 
be and hereby are extended to authorize the liberation of 
persons convicted before a Justice of the Peace, in the 
same manner, and upon the same conditions, as if the 
said persons had been convicted before either of the Courts 
mentioned in the Act to which this is in addition. 

Approved June 4, 1802. 

1803. — Chapter 2. 

[May Session, ch. 2.] 

AN ACT TO CHANGE THE NAME OF THE TOWN OF POWNAL- 
BOROUGH, IN THE COUNTY OF LINCOLN. 

W7iereas the toivn of PoivnalborougJt is more generally Preamble. 
known in foreign places by the name of Wiscasset, and is, 
by that name, in the federal laws, established as a port of 
entry, and all the commercial papers and transactions at 
the said place, done in conformity therewith; and it being 



Name cbanged 
to Wiscasaet. 



Provision 
respecting 
BeBslons of 
the Supreme 
Judicial Court. 



Acts, 1802. — Chapter 3. 

otherwise inconvenient to have two names for one corporate 
town ; 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court asse7Jibled, and by the 
authority of the same, That from and after the date of this 
Act, the name of the said town of Pownalborough shall 
cease, and the said town shall henceforth be called and 
known by the name of Wiscasset only, any law to the 
contrary notwithstanding : And nothing in this Act con- 
tained, shall be construed to impair any rights of the said 
Corporation, but the inhabitants of the said town shall 
have, enjoy and exercise all the powers, priviledges & 
immunities as a Corporation by the name of Wiscasset, in 
as full and ample a manner, as though the name of the 
said town had not been changed. 

Sec. 2d. And be it further enacted, That the sessions 
of the Supreme Judicial Court for the County of Lincoln, 
shall continue to be holden in the said town of Wiscasset, 
and that all the records and proceedings of the Courts of 
law, which have heretofore, or which may hereafter be 
had and done in the said place, shall be as valid & effect- 
ual as if no alteration of its name had been made. 

Approved June 10, 1802. 



Preamble. 



Cattle, &c. not 
to be turned in 
during certain 
months. 



1802 — Chapter 3. 

[May Session, ch. 3.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT TO PRE- 
VENT DAMAGE BEING DONE ON THE MEADOWS, LYING IN 
THE TOWNSHIP OF YARMOUTH," SINCE INCORPORATED BY 
THE NAME OF DENNIS, CALLED NOBSCUSSET MEADOWS, AND 
A SMALL COMMONAGE OF LAND AND BEACHES THERETO AD- 
JOINING. 

Wliereas the space of time tvithin which the turning in 
of cattle, horses, sheep, and swine, upon the meadows, 
beaches a7id shores aforesaid, prohibited by the act afore- 
said, is found to be too short: 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assetnbled, and by the 
authority of the same. That from and after the passing of 
this Act, no cattle, horses, sheep or swine shall be turned 
into the meadows, beaches & land, described in the Act 
aforesaid, from the first day of March to the last day of 
December annually. 



Acts, 1802. — Chapters 4, 5. 7 

Sec. 2d. And be it further enacted hy the authority 
aforesaid^ That all the fines, penalties, forfeitures and pro- 
visions of the Act aforesaid, shall be extended to and 
operate in the same manner as if the same were inserted 
in this act ; and that this act shall only be considered as an 
amendment of, and an addition to the act aforesaid. 

Approved June 12, 1802. 

1802. — Chapter 4. 

[Sfay SeBsion, ch. 4.] 

AN ACT TO EXPLAIN AND AMEND "AN ACT FOR INCORPO- 
RATING A NUMBER OF THE INHABITANTS OF BECKET, IN 
THE COUNTY OF BERKSHIRE, INTO A SOCIETY FOR RELIG- 
IOUS PURPOSES," PASSED FEBRUARY 17TH, 1798. 

Sec. 1. Be it enacted by the Senate, and House of Rep- 
resentatives, in General Court assembled, and by the au- 
thority of the same, That " the first congregational society society vested 
in the Town of Becket " are, and shall be considered to pHviieg^. &c. 
be, vested with all the priveleges, powers, and immuni- oX^'Kous 
ties, which are common to other religious societys. societies. 

Sec. 2. And be it further enacted, by the authority 
aforesaid. That the said society are, and shall be con- occasional 
sidered to be authorized, when destitute of a settled onncomf°" 
ordained minister, to apply the whole, or any part of the au'^o'^^^ed. 
annual interest or income of their capital stock or estate, 
to the support of any teacher, or teachers of piety, re- 
ligion, and morality of the Pedobaptist denomination, 
occasionally employed by them ; and all such applications 
of their interest or income as aforesaid, which have been 
or may be made by said society — shall be holden to be 
valid in law. Approved June 18, 1802. 

1803. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT TO ALTER AND AMEND AN ACT, ENTITLED, "AN ACT 
DIVIDING THE COMMONWEALTH INTO SEVENTEEN DISTRICTS, 
FOR THE CHOICE OF REPRESENTATIVES IN THE CONGRESS 
OF THE UNITED STATES, AND PRESCRIBING THE MODE OF 
ELECTION ; " PASSED THE TENTH DAY OF MARCH, ONE THOU- 
SAND EIGHT HUNDRED AND TWO. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That if, after a second trial, no Electors con. 
person shall be chosen by a majority of all the votes re- ca°ndidatll.° 



8 



Acts, 1802. — Chapter 5. 



after a second 
trial; with 
exceptions. 



In case of an 
equal number 
of votes for 
different can- 
didates. 



Selectmen 
and Sheriffs 
directed. 



The Governor 
to certify elec- 
tions. 



turned from any District in the manner prescribed by the 
Act passed on the tenth day of March, one thousand eight 
hundred and two, entitled, " An Act dividing the Com- 
monwealth into seventeen Districts for the choice of Rep- 
resentatives in the Congress of the United States, and 
prescribing the mode of election," the Governor shall 
cause precepts to issue to the Selectmen of the several 
towns and districts within such District, directing and 
requiring such Selectmen to cause the inhabitants of their 
respective towns and districts, legally qualified, to as- 
semble on a day in such precept to be appointed, to give 
in their votes for one of the two persons having the 
highest number of votes upon the second return, to serve 
as the Representative of the said District, in the Congress 
of the United States ; and if, upon the second return, 
three or more candidates shall have an equal number of 
votes, and all stand highest on the list, the votes, at the 
third trial, shall be given in for one of the said highest 
candidates; — And if, upon the second return, two or 
more persons standing on the list next to the highest 
candidate, shall have an equal number of votes, then the 
votes at the third trial shall be given in either for the said 
highest candidate, or for one of the said persons standing 
next highest on the list. And the precepts issued as 
aforesaid shall be accompanied with the names of the per- 
sons to be voted for at the third trial, and the number of 
votes given in for each of them at the second return. 
And the Selectmen shall, in open town meeting, sort and 
count the votes given in for each of said persons, and 
shall make public declai'ation of the number of votes 
given in for them respectively ; and the town Clerk shall 
record the same ; — And the Selectmen shall make return 
thereof to the Secretary of the Commonwealth, or to the 
Sheriff, in manner as prescribed for the first return, 
within fourteen days next after the time of holding such 
meetings, and the Sheriff shall make return thereof into 
the Secretary's Office, on or before such day as the Gov- 
ernor shall appoint in such precept, and the Selectmen 
of such towns and districts as lie within any County in 
which there may be no Sheriff, shall return such lists to 
the Secretary's Office within the same term of time as 
Sheriffs are required to do. And the Secretary shall lay 
the lists, so returned to his Office, before the Governor 
and Council, and the person who shall then have the 



Acts, 1802. — Chapter 6. 9 

greatest number of votes so returned for the persons to 
be voted for at such third trial, shall be duly elected to 
represent the said District in Congress ; and the Governor 
shall cause the person so elected to be served with a cer- 
tificate thereof, signed by the Governor & countersigned 
by the Secretary. And the same proceedings as are herein 
above directed, shall be had, in case no choice by a 
majority of all the votes returned, shall be made at the 
first trial to supply vacancies in the representation of this 
Commonwealth in Congress, according to the directions 
in the fifth section of the said Act to which this is an 
amendment. 

Sec. 2d. A7id be it further enacted, That if either of ^?aTandIcfate'^ 
the persons to be voted for upon the third trial should die, or declination or 

I- , *■,..., disquahncatioD. 

or decline being elected, or be otherwise disqualified, then 
the Governor shall cause precepts to issue as directed in 
the third section of the Act to which this is an amend- 
ment, in cases of a new election ; and if no person shall 
be chosen by a majority of all the votes returned, the 
same proceedings shall be had as are herein before 
directed. 

Sec. 3d. And be it further enacted, That if, upon the Further provi- 
returns of the third trial as aforesaid, the persons returned, Tnequarnum. 
or the two highest of them, shall have an equal number I'wo^lndidltM'! 
of votes, the Governor shall again cause like precepts to 
issue, and the proceedings herein before directed shall 
be repeated untill one of the said persons to be voted for 
at the third trial, shall have a majority of the votes so 
returned. 

Sec. 4. And be it further enacted. That so much of fo7merict 
the fourth and fifth sections of the said Act to which this repealed. 
is an amendment, as is herein differently provided for, 
shall be, and is hereby repealed. 

Approved June 18, 1802. 

1802. — Chapter 6. 

[May Session, ch. 6.J 

AN ACT AUTHORIZING THE ERECTION OF A DAM FOR CERTAIN 
PURPOSES, AND TO REGULATE THE TAKING OF SHAD AND 
ALEWIVES IN THE TOWN OF MIDDLETON. 

W7iereas the waters running from the great j^ond in the Preamble 
town of Middleton, in the County of Essex, to Ipsioich 
riverf become so low, during the summer season, that Shad 



10 



Acts, 1802. — Chapter 7. 



A dam, &c. 
allowed. 



Fish commit- 
tees to be 
choBen. 



(& Alewives cannot pass down to said river, but are de- 
tained in said pond, and great numbers of them p)erish 
during the ivinter season, to the great loss and damage of 
the inhabitants of said town: 

Sec. 1st. Be 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 
Middleton aforesaid, may erect and keep in repair a dam, 
sluice and gateway, in the brook, at the beginning thereof, 
near the pond leading from said pond to said river, for 
the purpose of keeping so much water in said pond as 
may be sufficient to fill the said brook, so that the young 
shad and alewives may pass down from said pond into 
said river ; provided, that the water shall not be kept in 
said pond by means of said dam, after the twentieth day 
of October in every year ; and provided also, that the gate 
in the sluice hereby authorized to be erected, shall not be 
shut down before the twentieth day of April in every year. 

Sec 2d. Be it farther enacted; that the inhabitants of 
the said town of Middleton be hereby empowered to 
choose, at any legal meeting of the inhabitants of said 
town. Committees for the purpose of regulating, as they 
may think proper, the taking of Shad and Alewives in the 
waters of the said pond, and the waters running into and 
from the same, and preventing obstructions to the said 
fish passing down said brook, with fines and penalties not 
exceeding three Dollars for each offence, to be recovered 
in any Court proper to try the same ; one moiety to the 
person w^ho may recover the same, and the other moiety 
to the use of the said town. Apjiroved June 18^ 1802. 



Selectmen 
to appoint 
Constables. 



1802. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT REGULATING THE COLLECTION OF TAXES IN THE TOWN 
OF BOSTON, AND PROVIDING FOR THE APPOINTMENT OF CON- 
STABLES IN THE SAID TOWN. 

Section 1. Be it Enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same, that the Selectmen of the town of 
Boston, be and they are hereby empowered, to appoint 
annually, such a number of persons as Constables, in the 
said town as the public Service may require, and the said 
Constables so appointed shall give bonds to the Treasurer 



Acts, 1802. — Chapter 7. 11 

of the town of Boston, in such sums, and on such condi- 
tions, as the said Selectmen, shall think proper, for the 
faithful performance of the duties of their Office. And 
the Constables so appointed by the Selectmen, shall have 
the same powers as are by law vested, in Constables chosen 
by the towns in this Commonwealth. 

Section 2. And be it further enacted, that the Inhab- igse^sw^Bto 
itants of the town of Boston shall assemble annually on be chosen. 
the first Wednesday in April, in their respective wards, 
and shall then choose and appoint two persons in each of 
their respective wards to assist the assessors in taking a 
list of the Polls, in estimating the value of their personal 
property, and in appraising the value of all real estates in 
their own Wards ; and the twenty four persons thus 
chosen shall meet and appoint three persons, whom they 
shall judge best qualified to serve the town in the Office 
of assessors the ensuing year, which assessors shall have 
the same powers, as are vested by law in assessors chosen 
by other towns in this Commonwealth. And in case of 
the death or resignation of any person so chosen in either 
of the Wards, the Clerk of such Ward is empowered and 
directed, to call a new meeting of the Ward, to choose a 
suitable person to supply the place of the person so dead, 
or declining to serve. 

Section 3. And be it further enacted, that the Treas- Town Treas- 

urcr to 1)6 

urer of the town of Boston, shall be the Collector of collector of 
taxes in the said town, and shall be and hereby is em- 
powered to substitute and appoint under him, such and so 
many Deputies or assistants, as the service may be found 
to require, who shall give bonds for the faithful discharge 
of their duty, in such sums, and with such sureties, as 
the Selectmen of said town shall think proper. And the 
said Collector, and his Deputy or Deputies, shall have the 
same powers, as are vested by law in Collectors of Taxes 
chosen by other towns in this Commonwealth. 

Section 4. And be it further enacted, that all such ^ariTpayme'^Dt 
Inhabitants of the said town of Boston, who shall volun- oftaxeB. 
tarily pay to the said town Collector or his Deputy, 
within thirty days, next after the delivery of their tax 
bills, the amount of their respective taxes, shall be enti- 
tled to an a1)atement of five per centum on the amount of 
their said taxes, and such Inhabitants of said town, who 
shall voluntarily pay their said taxes to the said Collector 
or his Deputy, within sixty days after the delivery of 



12 



Acts, 1802. — Chapter 8. 



their tax bills, shall be entitled, to an abatement of three 
per centum on the amount of their said taxes, and all such 
of the said Inhabitants, who shall so pay to the said Col- 
lector or his Deputy, within one hundred & twenty days, 
next after the delivery of their tax bills, shall be entitled 
to an abatement of two per centum on the amount of 
their said taxes. Approved June 18, 1802. 



Terms of 
the Supreme 
Judicial Court 
in and for 
Hampshire and 
Berkshire Cos. 
altered. 



Terms of 
Courts of Com- 
mon Pleas and 
Sessions of the 
Peace at North- 
ampton altered. 



Terms of 
Courts of Com- 
mon Pleas and 
Sessions of the 
Peace at Lenox 
altered. 



1803.— Chapter 8. 

[May Session, ch. 8.] 

AN ACT ALTERING THE TIMES OF HOLDING THE SUPREME 
JUDICIAL COURT, IN THE COUNTIES OF HAMPSHIRE & BERK- 
SHIRE, & ALSO THE COURT OF GENERAL SESSIONS OF THE 
PEACE & COURT OF COMMON PLEAS IN THE SAME COUNTIES. 

Section 1. Be it enacted by the /Senate and House of 
Representatives, in General Court assembled, & by the 
Authority of the same. That from & after the passing of 
this Act, the term of the Supreme Judicial Court, hereto- 
fore by law holden at North Hampton within and for the 
County of Hampshire, on the second Tuesday next after 
the fourth Tuesday of April annually, be holden at said 
Northampton, on the first Tuesday, next after the said 
fourth Tuesday of April annually ; and that the term of 
the Supreme Judicial Court, heretofore by law holden at 
Lenox, in & for the County of Berkshire, on the third 
Tuesday next after the fourth Tuesday of April annually, 
be holden at said Lenox on the second Tuesday next after 
the fourth Tuesday of April Annually, any Law to the 
contrary notwithstanding. 

Section 2. And be it further enacted. That from and 
after the passing of this Act, the several terms of the 
Court of General Sessions of the peace & Court of Com- 
mon Pleas, heretofore by law holden at North Hampton, 
within & for the County of Hampshire, on the third Mon- 
day of January, and the fourth Monday of May an- 
nually, be holden on the second Monday of January, and 
on the third Monday of May, annually, any law to the 
contrary notwithstanding. 

Section 3. And be it further enacted, that after the 
present year, the Courts of Common pleas, & General 
Sessions of the Peace shall be holden at Lenox within 
and for the County of Berkshire, on the fourth Monday of 
August annually, and not on the Second Monday of Oc- 
tober annually, any law to the Contrary notwithstanding. 

Approved June 21, 1802. 



Acts, 1802. — Chapters 9, 10, 11. 13 

1803. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT TO SETT OFF WARD NICHOLAS BOYLSTON OF ROXBURY 
WITH HIS ESTATE ON JAMAICA PLAIN, FROM THE FIRST 
TO THE THIRD PRECINCT, OR PARISH IN ROXBURY. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, arid hy the authority of 
the same, that Ward Nicholas Boylston of Roxbury in the 
County of Norfolk with his Estate there, consisting of a 
dwelling house and nine Acres of Land, more or less, be, 
and hereby is set off from the first, and annexed to the 
third parish in Roxbury on Jamaica plain : Provided the 
said Boylston shall pay his proportion of parish charges 
due from him to said first parish prior to the date of this 
Act. Approved June 21, 1802. 

1803. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO EMPOWER THE SELECTMEN OF THE TOWN OF 
ROXBURY TO INCREASE THE NUMBER OF ENGINE MEN IN 
SAID TOWN. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assemhled, and hy the authority 
of the same, that the selectmen of The Town of Roxbury 
be, and they hereby are authorized, and empowered (if 
they shall judge it expedient) to nominate and appoint, 
as soon as may be, after the passing of this Act, and ever 
after in the Month of January annually, any Number not 
exceeding six Men to each engine, in addition to the Num- 
ber of Men now authorized by Law. 

Approved June 21, 1802. 

1802. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT IN ADDITION TO AN ACT, PASSED IN THE YEAR OF 
OUR LORD EIGHTEEN HUNDRED, ENTITLED, "AN ACT IN 
ADDITION TO AN ACT TO PROVIDE FOR THE INSTRUCTION 
OF YOUTH, AND FOR THE PROMOTION OF GOOD EDUCATION." 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assemhled, and hy the authority of 
the same. That the inhabitants of the several School Dis- 



u 



Acts, 1802. — Chapter 12. 



Boundaries. 



Incorporated. 



First meeting. 



tricts, as mentioned in the Act to which this is in addi- 
tion, be empowered to raise money at any legal meeting 
called for that purpose, to purchase any house or building 
to be used as a School-house ; and also to purchase land 
for the School-house of the District to stand upon. 

Approved June 23, 1802. 

1803. — Chapter 13. 

[May Session, ch. 12.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED FLINTS- 
TOWN, IN THE COUNTY OF CUMBERLAND, INTO A TOWN 
BY THE NAME OF BALDWIN. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the plantation of Flintstown, 
in the County of Cumberland, bounded as follows, viz. 
Beginning on Saco river at the westerly corner of Stand- 
ish, thence northeasterly on said Standish to Sebago 
pond ; thence northerly on said pond to Muddy river- 
mouth ; thence north, thirty-six degrees east, five hun- 
dred and twenty two rods, to Kaymondtown plantation ; 
thence northwest, on said Raymondtown & Otisfield, to 
Bridgeton southeasterly line ; thence southwesterly by 
said Bridgeton to the line of Brownfield ; thence south, 
thirty degrees east, by said Brownfield, five hundred & 
sixteen rods, to the easterly corner of said Brownfield ; 
thence south sixty degrees west, on said Brownfield, 
three miles, to Prescott's grant, so called ; thence south, 
on said Prescott's grant, four hundred rods ; thence south 
sixty degrees west, still on said Prescott's grant, one mile, 
to Saco river ; thence down said river to the bound first 
mentioned; with the inhabitants thereon, be, and they 
hereby are incorporated into a town by the name of Bald- 
win ; and the said town is hereby vested with all the 
powers, priviledges & immunities, which other towns in 
this Commonwealth do, or may by law enjoy. 

Sec. 2d. And be it further enacted. That Josiah Peirce, 
Esqr. be, and he hereby is empowered to issue his War- 
rant, directed to some suitable inhabitant within said 
town, requiring him to warn a meeting of the inhabitants 
thereof, to meet at such time and place as shall be ex- 
pressed in said Warrant, for the purpose of choosing such 
town officers, as other towns are empowered to choose in 
the month of March or April annually. 

Approved June 23, 1802. 



Acts, 1802. — Chapter 13. 15 

1803. — Chapter 13. 

[May SeBsion, ch. 13.] 

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED "AN 
ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT AND DIRECTORS OF THE UNION BANK," 
PASSED THE TWENTY FIFTH DAY OF JUNE, ONE THOUSAND 
SEVEN HUNDRED & NINETY TWO. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the Corporation and Body Term of 
Politic, created by an Act, entitled "An Act to incor- 1°3°T""" 
porate sundry persons by the name and style of The Presi- 
dent and Directors of the Union Bank," may and shall 
continue to be a Corporation and Body Politic, until! the 
first Monday of October, which will be in the year of our 
Lord, one thousand eight hundred and twelve, in the 
same manner as if the said Corporation and Body Politic 
had been continued to that time, in and by the first section 
of the Act aforesaid; and that the said Act, and also an 
Act, entitled, " An Act in addition to an Act entitled. An 
Act to incorporate sundry persons by the name of The 
President and Directors of the Union Bank," passed on 
the ninth day of March in the year of our Lord, one thou- 
sand seven hundred and ninety three, together with all 
the priviledges and immunities granted to the said Cor- 
poration, in and by the said several acts ; and all duties, 
conditions & limitations therein imposed, shall be and 
continue in force, untill the said first Monday of October, 
which will be in the aforesaid year of our Lord, one thou- 
sand eight hundred and twelve. 

Sec 2d. Be it further enacted. That the Common- Right to sub. 
wealth reserve to themselves the right, whenever the aums^riserved 
Legislature shall see fit, at any time hereafter, during the 
existance of said Corporation, to subscribe a further sum 
or sums not exceeding Two hundred thousand Dollars, to 
be paid into said Bank by such installments as the Legis- 
lature shall direct, and which, when so paid, shall form a 
part of the capital stock of said Bank ; and from the time 
such payments shall be made, the Commonwealth shall be 
entitled to receive out of the interests and profits arising 
from the said Bank, a sum in proportion to their stock 
actually paid in. And they reserve to themselves at all 
times, the right of selling the whole or any part of their 



to the Common- 
wealth. 



16 



Acts, 1802. — Chapters 14, 15. 



stock, whenever the Legislature shall so direct. And the 
aforegoing reservations shall be considered a full equiva- 
lent for the payment of any part of the dividend of the 
private stockholders of said Bank, into the Treasury of 
the Commonwealth. Approved June 23, 1802. 

1803. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT TO ALTER THE NAMES OF CERTAIN PERSONS THEREIN 
MENTIONED. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asseinbled, and hy the Authority 
Names of Breck of the Same, That from and after the passing of this Act, — 
Ambouri'ain, Brcck Brigham, of Worcester, in the County of Worcester, 
wm".Gray°° shall bc allowed to take the Name of Robert Breck Brig- 
aitered. ^^.^ — ^^^ ^^isit John Ambourlain, of Roxbury, in the 

County of Norfolk, a Minor, and Ward of Martin Brim- 
mer, shall be allowed to take the name of John A. Brim- 
mer — and that William Orne, a Minor, son of William 
Orne, of Salem, in the County of Essex, be allowed to take 
the name of William Putnam Orne — And that William 
Gray, a Minor, son of William Gray, Junr. of Salem, be 
allowed to take the name of William Rufus Gray. — And 
said persons shall in future be respectively known & 
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 June 23, 1802. 



No deer to be 
killed from the 
Ist of Jan. to 
the let of Aug. 



1803, — Chapter 15. 

[May Session, ch. 15.] 
AN ACT REGULATING THE HUNTING OF DEER. 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That from and after the passing of 
this Act, if any person shall hunt or kill any Deer, ex- 
cept his own tame Deer, or Deer kept in his park or on 
his Island, between the first day of January and first day 
of August, in any year, he shall forfeit the sum of ten 
dollars for every Deer so killed ; to be recovered in any 
Court proper to try the same ; one moiety thereof to the 
use of the person sueing for the same, and the other moiety 



Acts, 1802. — Chapter 16. 17 

to the use of the town within which such offence shall be 
committed. 

Sec. 2d. And be it further enacted, That if any person, no deer to be 
from and after the passing of this Act, shall, with hounds stabieCo.*"*" 
or dogs, hunt, chace or kill any Deer within the County 
of Barnstable, he shall, for every 'such offence, forfeit and 
pay the sum of ten dollars, to be recovered in manner 
aforesaid, and to the uses aforesaid. 

Approved June 23, 1802. 

1803. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT TO INCORPORATE THE PLANTATIONS, CALLED DUCK 
TRAP AND CANAAN, INTO A TOWN BY THE NAME OF LIN- 
COLNVIL. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the plantations heretofore Boundaries. 
called Duck Trap and Canaan, lying partly in the County 
of Lincoln, and partly in the County of Hancock, as de- 
scribed within the following boundaries, with the inhabi- 
tants thereon, be, and they are hereby incorporated into 
a Town by the name of Lincolnvil ; beginning at a fir- 
tree standing on the Westerly bank of Penobscot bay, it 
being the North east corner of Camden ; thence runing 
Northwest by North, on said Camden line, one mile, to a 
Spruce tree marked for a Corner; thence North, eighty 
four degrees west, on Camden line, three miles, and about 
two hundred and forty rods, to a pine-tree standing on the 
South-west side of Smith's neck ; thence North, thirty -four 
degrees West, on Barretts-town line, or the line of the 
twenty associates, three miles and one hundred and sixty 
rods, to a stake and stones, making a corner ; thence 
North-east by east, about six miles, to the West corner 
of North port, marked Northport corner ; thence south- 
east on Northport line, one mile and two hundred and 
seventeen rods, to a black-ash-tree, standing at the 
North-west end of Duck Trap pond ; thence south, thirty- 
five degrees east, adjoining on Northport, down said 
pond two miles, and one hundred and thirty-seven rods, 
to a brook that falls into the South-east end of said pond ; 
thence south, fifty-six degrees east, adjoining on said 
Northport, up said brook, one hundred and forty-five 



18 



Acts, 1802. — Chapter 17. 



Annexed to 
Hancock Co. 



First meeting. 



rods, to a stake standing on the bank of said brook ; 
thence south, twelve degrees east, on Northport line, one 
mile and two hundred rods, to a stake and stones, stand- 
ing on the westerly bank of Penobscot bay, it being the 
south corner of Northport ; thence bounding on the said 
bay, to the corner first- mentioned : And the said town 
of Lincolnvil is hereby vested with all the powers, privi- 
leges, rights, and immunities, to which other towns are 
entitled by the constitution and laws of this Common- 
wealth. 

Sec. 2. And be it further enacted, That the whole of 
the said township is hereby annexed to, and shall in 
future be a part of the County of Hancock. 

Sec. 3. And be it further enacted, That George Ul- 
mer, Esq. be, and he is hereby authorized to issue a war- 
rant, directed to some suitable person, an inhabitant of 
the said town of Lincolnvil, requiring him to notify, and 
warn the inhabitants thereof to assemble, at some conven- 
ient time and place, as shall be expressed in the said 
warrant, for the choice of such officers, as towns are by 
Law empowered to choose in the months of March or 
April annually. Approved June 23, 1802. 



1803. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT TO ESTABLISH A SCHOOL IN THE SOUTH PARISH IN 
THE TOWN OF ATTLEBORO', BY THE NAME OF FRANKLIN 
SCHOOL, & FOR INCORPORATING THE TRUSTEES OF THE 
SAID SCHOOL INTO A BODY POLITIC. 

Preamble. WJiereas the education of Youth has ever been considered 

by the wise <& good as an object of the highest consequence 
to the safety & happiness of a free People: And Whereas 
Abijah Everett, of Attleboro', in the County of Bristol, 
Physician, and Abigail his wife, by their deed, made <& 
executed on the tenth day of April, in the Year of Our 
Lord, One thousand, & eight hundred, gave, granted, <& 
conveyed unto Peter Thacher S others herein named, and 
to their heirs forever, a certain peice of Land, situate in 
the second Parish or precinct in said Attleboro\ to be 
holden in fifty-four rights, or shares, to the use & upon the 
trust, that the rents & profits thereof, be forever appro- 
priated to the support of a School, in the said second 
precinct forever, for the instruction of Youth, in such Ian- 



Acts, 1802. — Chapter 17. 19 

guages, <& in such branches of science, as are usually 
taught in Schools. And tvhereas the execution of the gen- 
erous intentions of the Donors towards the said Institu- 
tion, may he attended loith embarrassments, unless by an 
Act of Incorporation, the Trustees & their successors, shall 
be authorised to commence & prosecute Actions at Law, 
and to transact such other matters in their corporate capac- 
ity, as the Interest of the said School may require: 

Section 1. Be it enacted by the Seriate & House of 
Representatives, in General Court assembled, and by the 
Authority of the same. That there be, and hereby is estab- fg'^^bHBhed. 
lished, in the South Parish or Precinct in Attleborough, 
in the County of Bristol, a School by the name of The 
Franklin School, for the promotion of virtue, and the in- 
struction of Youth of each Sex, in such languages, and 
in such branches of the Arts & sciences, as the said Trus- 
tees may from time to time think expedient, and within 
the income and funds of the said School to support. 

And Whereas the said Abijah & Abigail Everett, for the Grantees. 
benevolent purpose of endowing said School with a per- 
manent income, by the deed above mentioned, have given, 
granted, and conveyed, unto Peter Thacher, Yeoman, 
Abiather Kichardson, gentleman, Gideon Sweet, yeoman, 
Nathaniel Eobinson, Gentleman, Ebenezer Tyler the sec- 
ond, gentleman, Daniel Carpenter junr. yeoman, Elipha- 
let Wilmarth, gentleman, Daniel Carpenter, yeoman, Caleb 
Bichardson junr. yeoman, Benjamin Bolkom, Gentleman, 
Henry Sweet, jun. Gentleman, Elijah Ingraham, Yeoman, 
Dexter Sweet, yeoman, Gideon Sweet, junr. yeoman, 
John Wilmarth, yeoman, Noah Blandin, yeoman, Noah 
Tiffany, Gentleman, Jonathan Robinson, yeoman, Joshua 
Bassett, yeoman, Otis Capron, yeoman, Elijah Capron, 
gentleman, Abiather Richardson, Junr. yeoman, Nehe- 
miah Bourn, yeoman, and Jonathan Peck, yeoman, the 
said lot of land, on condition that the income thereof, be 
appropriated in educating the children of the said Peter 
Thacher, & others the grantees aforesaid, and their heirs 
and assigns forever. 

Section 2. Be it therefore enacted. That the said Peter corporate 
Thacher & others, the grantees befo renamed, be, & hereby °'"^* 
are constituted & made a Body Politic & Corporate, by 
the name of The Trustees of Franklin School, for the 
purposes expressed in the Deed of the said Abijah & 
Abigail Everett; and they are hereby vested with the 



20 



Acts, 1802. — Chapter 17. 



Grantees made 
Trustees, &c. 



Concerns of 
the school to 
be determined 
by vote of the 
Trustees. 



Trustees 
authorized to 
receive and 
hold real and 
personal estate. 



Proviso. 



powers, privileges, rights, and immunities, hereinafter 
granted. And the said Trustees & their Successors shall 
have perpetual succession, and by the same name, may 
sue and be sued, in all Actions real, personal, or mixed : 
and shall have a common Seal, which they may change, 
alter, and renew, at pleasure. 

Section 3. And be it further enacted, That the said 
Peter Thacher & others, the grantees beforenamed, & 
their heirs and assigns forever, shall be the true & sole 
visitors, trustees, and Governors of the said Franklin 
School, & may appoint a President, Secretary, Treas- 
urer, Preceptor, & such other officers, as they shall, from 
time to time, judge necessary for the interest, and conven- 
ient for the best regulation & support of the said School, 
and to make such rules, Oi:ders, & bye-laws, for the good 
government thereof, with adequate penalties for the breach 
of them, as the said Trustees, and their successors, shall 
think expedient; provided, that the said rules, orders, 
and bye laws, be in no wise repugnant to the Laws of 
this Commonwealth. 

Section 4. And be it further enacted, That at any 
legal meeting of the said Trustees, regularly notified, all 
the concerns of the said School, shall be regulated & de- 
termined upon, by the major part of the voters present, 
and the number of Votes shall be determined by the num- 
ber of rights or shares, each Voter holds or represents, 
excepting only that nothing contained in this Act shall 
prevent the said Grantees, from fixing the number of 
Trustees necessary to form a quorum, to transact the 
ordinary business of the said Corporation. 

Section 5. Arid be it further enacted, That the Trus- 
tees aforesaid, & their successors, be, and they are hereby 
rendered capable in law, to take & receive, by gift, grant, 
devise, bequest, or otherwise, any lands, tenements, or 
other estate, real & personal, provided the annual income 
of the said real Estate shall not exceed five hundred Dol- 
lars, and the annual income of the personal estate, shall 
not exceed five hundred dollars, to have and to hold the 
same to them the said Trustees, & their successors, on 
such terms, & under such provisions & limitations, as may 
be expressed in any deed or instrument of conveyance to 
them made. I^rovided always. That neither the said 
Trustees nor their successors, shall ever hereafter, receive 
any grant or donation, the condition whereof shall require 



Acts, 1802. — Chaptees 18, 19. 21 

them or any others concerned, to act in any respect 
counter to the design of the beforementioned Abijah & 
Abigail Everett, as expressed in the aforementioned deed ; 
& all Deeds & Instruments which the said Trustees may 
lawfully make, shall, when made in the name of the said 
Trustees, & signed & delivered by the Treasurer, and 
Sealed with their common Seal, bind the said Trustees & 
their Successors, & be valid in Law. 

Section 6. A7id be it further enacted, That Ebenezer First meeting. 
Tyler, Esqr. be, & he is hereby Authorized to issue his 
Warrant, directed to any three of the said Grantees, re- 
quiring them to notify & appoint a convenient time & 
place for the first meeting of the said Corporation. 

Approved June 23, 1802. 

1803. — Chapter 18. 

[May BeseioD, oh. 18.] 

AN ACT TO EXEMPT A CERTAIN STREAM ISSUING FROM PAT- 
TEE'S POND IN THE TOWN OF WINSLOW, INTO SABESTEKOOK 
RIVER, FROM THE OPERATION OF ALL LAWS FOR REGU- 
LATING THE FISHERIES IN THE COUNTIES OF LINCOLN & 
CUMBERLAND; AND FOR REPEALING ALL OTHER LAWS 
HERETOFORE MADE FOR THAT PURPOSE. 

Be it enacted by the Senate and House oj Representa- 
tives, in General Court assembled, and by the authority of 
the same. That all the laws heretofore made, which regu- 
late the taking of Salmon, Shad and Ale wives, or any 
other fish, in the said stream issuing from the said Pattee's 
pond in the town of Winslow, into Sabestekook river in 
the County of Kennebeck, be so far repealed, that from 
and after the passing of this Act they shall cease to 
operate, or have any etfect in the said stream issuing from 
Pattee's pond into the said Sabestekook river. 

Approved June 23, 1802. 

1802. — Chapter 19. 

[May Session, cli. 19.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME 
OF THE PRESIDENT & DIRECTORS AND COMPANY OF THE 
MAINE BANK. 

Whereas Samuel Freeman and others, have by their Preamble. 
petition to this Court set forth, that they have subscribed 
to a fund for the establishment of a Bank in the town of 



22 



Acts, 1802. — Chapter 19. 



Persons iacor- 
porated. 



Corporate 
name. 



May have a 
common seal 
and establish 
bye-laws. 



Capital Stock. 



Proviso. 



Portland; and have prayed to he incorporated for that 
purpose. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Samuel Freeman, Thomas 
Robinson, William Wedgery, Thatcher Goddard, Josiah 
Cox, Asa Clap, James Deering, Ralph Cross, James 
Jewett, Henry Titcomb, Joshua Rogers, William King, 
John Dean, Samuel Dean, Isaac Ilsley, Albert Newhall, 
Abraham Watson, and their associates, successors and 
assigns, shall be, and hereby are created & made a Cor- 
poration, by the name of The President, Directors and 
Company of the Maine Bank ; and shall so continue from 
the first day of April next, untill the first monday of 
October, eighteen hundred and twelve, and by that name 
shall be, & hereby are made capable in law, to sue and 
be sued, plead and be impleaded to, defend and be de- 
fended in any Court of Record, or any other place what- 
ever ; and also to make, have and use a common seal, and 
ordain, establish and put in execution such bye-laws, 
ordinances and regulations, as to them shall appear neces- 
sary and convenient for the government of the said Cor- 
poration, and the prudent management of their affairs — 
provided such bye laws, ordinances and regulations, shall 
in no wise be contrary to the Constitution and Laws of 
this Commonwealth ; and the said Corporation shall be 
always subject to the rules, restrictions, limitations and 
provisions herein prescribed. 

Sec. 2d. And he it further enacted. That the capital 
stock of said Corporation shall consist of a sum, not less 
than One hundred and fifty thousand Dollars, nor more 
than Three hundred thousand Dollars in specie, and shall 
be divided into shares of one hundred dollars each ; and 
the stockholders at their first meeting, shall by a majority 
of votes, determine the amount of the payments to be 
made on each share ; also the mode of transferring and 
disposing of the stock, and the profits thereof; which 
being entered on the books of said Corporation, shall be 
binding on the stockholders, their successors and assigns : 
provided, 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 specie in their vaults, shall amount 
to One hundred and fifty thousand Dollars. And the said 



Acts, 1802. — Chapter 19. 23 

Corporation are hereby made capable in law, to have, Amount of 
hold, purchase, receive, possess, enjoy and retain to them, beheld, 
their successors and assigns, lands, rents, tennements and 
hereditaments to an amount not exceeding twenty thou- 
sand Dollars, and no more, at any one time ; with power 
to bargain, sell and dispose of the same lands, tennements 
and hereditaments, and to loan and negotiate their monies 
and effects, by discounting on banking principles, on such 
securities as they shall think adviseable. 

Sec. 3d. And be it fur the?' enacted, That the follow- Rules, &c. 
ing rules, limitations, and provisions shall form, and be 
the fundamental articles of said Corporation. 

First. That the said Corporation shall not owe at any Not to owe 
one time, more than twice the amount of the gold and sil- the amount 
ver actually in their vaults, other than such as shall be suveron^hand. 
specially deposited therein for safe keeping only ; and in 
case of any excess, the Directors, under whose adminis- 
tration it shall happen, shall be liable for the same in their 
private capacity ; but this shall not be construed to ex- 
empt the said Corporation or any estate, real or personal 
which they may hold as a Body corporate, from being also 
liable for and chargeable with such excess. 

8eco7id. That the said Corporation shall not vest, use Monies, &c. 

f.,,. . -, liii cv ± not to be used 

or improve any oi their monies, goods, chatties or enects, in commerce. 
in trade or commerce, but may sell all kinds of personal 
pledges, lodged in their hands to an amount sufficient to 
reimburse the sums loaned. 

Third. That the lands, tennements and hereditaments Real estate. 
which said Corporation shall hold, shall be only such as 
shall be requisite for the convenient transaction of its 
business ; and such as shall have been bona fide mort- 
gaged to it by way of security, or conveyed to it by way 
of satisfaction of debts previously contracted. 

Fourth. None but a member of said Corporation, be- Persons eiigi- 
ing a citizen of this Commonwealth, and resident therein, orl"^ 
shall be eligible for a Director, or Cashier : And the Di- 
rectors shall choose one of their own members to act as 
President, and the Cashier before he enters on the duties 
of his office shall give bonds, with two sureties, to the 
satisfaction of the Board of Directors, in a sum not less 
than fifteen thousand Dollars, with conditions for the 
faithful discharge of the duties of his office. 

Fifth. No Director of any other Bank, shall be eligi- ^Ji^eTbanks 
ble to the office of Director of this Bank, although he not eligible, 



24: 



Acts, 1802. — Chapter 19. 



Annual meeting 
for the choice of 
Directors, &c. 



President to be 
compensated. 



Board of 
Directors. 



No bills less 
than five dollars 
to be issued. 



Semi annual 
dividends. 



Cashier &c. to 
be appointed. 



Shares liable 
to attachment 
and form of 
process. 



may be a stockholder herein ; and any Director accepting 
an office in any other Bank, shall be deemed to have va- 
cated his place in this Bank. 

Sixth. That for the well ordering of the affairs of the 
said Corporation, a meeting of the stockholders shall be 
held at such place as they shall direct, on the first Mon- 
day of June annually ; and at any other time during the 
continuance of said Corporation, at such place as shall be 
appointed by the President and Directors for the time be- 
ing, by public notification being given two weeks previous ; 
at which annual meeting, there shall be chosen by ballot 
nine Directors, to continue in office the year ensuing their 
election ; and the number of votes to which each stock- 
holder shall be entitled shall be according to the number 
of shares he shall hold, in the following proportion, that 
is to say — for one share one vote, and every two shares 
above one, shall give a right to one vote \nove , provided 
that no one member shall have more than ten votes ; and 
absent members may vote by proxy, authorized in writing. 

Seventh. Ko Director shall be entitled to any emolu- 
ment for his services, but the stockholders may make 
the President such compensation as may appear to them 
reasonable. 

Eighth. Not less than six Directors shall constitute a 
Board for the transaction of business, of whom the Presi- 
dent shall always be one, except in case of sickness or 
necessary absence, in which case the Directors present 
may choose a chairman, for the time being, in his stead. 

Ninth. All bills issued from the Bank aforesaid, and 
signed by the President, shall be binding on said Corpora- 
tion ; but it shall not be lawful for them to issue any bills 
of a less denomination than five dollars. 

Tenth. The Directors shall make half yearly dividends 
of all the profits, rents, premiums and the interest of the 
Bank aforesaid. 

Eleventh. The Directors shall have power to appoint 
a Cashier, Clerks, and such officers for carrying on th© 
business of the Bank, with such salaries, as to them shall 
seem meet. 

Sec. 4th. Be it further enacted. That the property 
of every individual member of said Corporation, vested 
in said corporate funds, shall be liable to attachment for 
the payment and satisfaction of his just debts, or to any 
of his bona fide creditors, in manner following : namely, 



Acts, 1802. — Chapter 19. 25 

in addition to the summons by law prescribed, to be left 
with the debtor, a like summons shall be left with the 
Cashier of said Bank ; and the debtor's share or shares in 
said corporate funds, together with the interests, rents, 
and profits due, or growing due thereon, shall thereby be 
held to respond said suit according to law ; and all trans- 
fers of the debtor's share in said corporate funds not 
noted in the Bank bocfks previous to the delivery of said 
summons, shall be barred thereby, and execution may be 
levied on the property of any such stockholder in said 
Bank, and his shares therein exposed to sale in the same 
manner as is by law provided, where personal estate is 
taken by execution ; and it shall be the duty of the Officer 
who extends such execution, to leave an attested copy 
thereof with his doings thereon, with the Cashier of said 
Bank, and the purchaser shall then be entitled to the re- 
ceipts of all dividends & stocks, and to the same privi- 
ledges as a member of said Corporation, that the debtor 
was previously entitled to. Upon any attachment being 
made, or execution being levied on any share in said 
Bank, it shall be the duty of the Cashier of said Bank to 
expose the Books of the said Corporation to the Officer, 
so far as respects the number of shares said debtor may 
own, and to furnish him with a certificate under his hand, 
in his official capacity, ascertaining the number of shares 
the debtor holds in said Bank, and the amount of divi- 
dends due thereon. 

Sec. 5th. And be it further enacted. That one eighth JJ°°|J^*°^® 
part of the whole funds of said Bank, shall always be ap- landed Becurity. 
propriated to loans to be made to citizens of this Com- 
monwealth, not resident in the town of Portland, and 
wherein the Directors shall wholly and exclusively regard 
the agricultural interest : which loans shall be made in 
sums of not less than one hundred Dollars, nor more than 
five hundred Dollars, and upon the personal bond of the 
borrower with collateral security, by a sufficient mortgage 
of real estate, for a term not less than one year, and on 
condition of paying the interest annually on such loans, 
subject to such forfeiture and right of redemption, as by 
law is provided. 

Sec. 6th. And be it further enacted. That any person Books, &c. to 
or persons, appointed by the Legislature for the purpose, iifspection. 
shall have a right to examine into the doings of said Cor- 
poration, and shall have free access to all their books and 



26 



Acts, 1802. — Chapter 19. 



First meeting of 
stockholders. 



Semi-annual 
abstracts of the 
affairs of the 
bank to be re- 
turned to the 
Governor and 
Council. 



Money to be 
loaned the Com- 
monwealth 
when required. 



vaults ; and if upon report of the persons so appointed, 
it shall be found, and after a full hearing of said Corpo- 
ration thereon, be determined by the Legislature, that the 
said Corporation have exceeded the powers herein granted 
to them, or failed to comply with any of the rules, restric- 
tions and conditions in this Act provided, their incorpora- 
tion shall thereupon be declared forfeited & void ; and the 
same shall be announced by proclamation from the Su- 
preme Executive Authority of this Commonwealth. 

Sec. 7th. And be it further enacted, That the persons 
before named, or any three of them, are hereby authorized 
to call a meeting of the members and stockholders of the 
said Corporation, as soon as may be, at such time and 
place as they may think fit, in Portland, by advertising 
the same for three weeks successively previous to said 
meeting, in the Portland newspapers, for the purpose of 
making, ordaining and establishing such bye laws, ordi- 
nances and regulations, for the orderly conducting the 
aflairs of said Corporation, as the said stockholders shall 
deem necessary, and for the choice of the first board of 
Directors, and such other officers as they shall see fit to 
choose. 

Sec. 8th. And be it further enacted, That it shall be 
the duty of the Directors of the Corporation aforesaid, on 
every first day of January and July in every year, to 
make out an abstract of the affairs of said Bank, particu- 
larly specifying the amount of the capital stock subscribed, 
and actually paid in, — the amount of gold and silver 
actually in the said Bank and belonging to the said Cor- 
poration, — the amount of bills or promissory notes in 
circulation, — the amount of monies loaned by the said 
Corporation ; and the amount of monies deposited in the 
said Bank by any person or persons, together with the 
amount of the last dividend declared or paid to the stock- 
holders of said Bank, which said abstract being subscribed 
by the major part of the Directors, and countersigned and 
sworn to by their Cashier, shall be semiannually as afore- 
said, transmitted to the Governor and Council, and shall 
be safely deposited in the office of the Secretary of this 
Commonwealth. 

Sec. 9th. And be it further enacted. That whenever 
the Legislature shall require it, the said Corporation shall 
loan to the Commonwealth any sum of money not exceed- 
ing thirty thousand dollars, reimburseable by five annual 



Acts, 1802. — Chapter 20. 27 

installments, or at any shorter period at the election of 
the Commonwealth, with the annual payment of interest 
at a rate not exceeding five per centum per annum — Pro- 
vided however, that the Commonwealth shall never at any 
one time stand indebted to said Corporation, without their 
consent, for a larger sum than thirty thousand dollars. 

Sec. 10th. And be it further enacted. That the Com- commonwealth 
monwealth shall have a right, whenever the Government toYapuarBtock. 
thereof shall make provision by law, to subscril)e to, and 
become interested in the capital stock of said Bank, in a 
sum not exceeding one third part thereof, subject to the 
rules, regulations and provisions to be by them made and 
established. 

Sec. 11th. And he it farther enacted, That the said ^tj;S'of 
Corporation shall be liable to pay to any bona fide holder, altered wiis 
the original amount of any note of said Bank, counterfeited 
or altered in the course of its circulation to a larger 
amount notwithstanding such alteration. 

Sec. 12th. Be it further enacted, That nothing con- Right to tax 
tained in this Act, shall be construed to prevent the Legis- 
lature from taxing said Bank at any time hereafter, when 
they shall judge it expedient. 

Approved June 23, 1802. 

1803. — Chapter 30. 

[May Session, ch. 20.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT IN ADDI- 
TION TO AN ACT PASSED THE NINETEENTH OF JUNE, ONE 
THOUSAND EIGHT HUNDRED & ONE, TO REGULATE THE IN- 
SPECTION OF BEEF, INTENDED TO BE EXPORTED FROM THIS 
COMMONWEALTH. 

Section 1st. Be it enacted hy the Senate <& House of 
Representatives, in General Court Assembled, & hy the 
Authority of the same. That whenever the Inspector Gen- inspectors to 
eral or his Deputies shall have Inspected & assorted Beef spected V" 
as the Law requires, the said Inspector or his Deputies, ^^^^' 
with their own laborers & Coopers, or such other Laborers 
& Coopers as they shall em})loy, & for whose conduct in 
said business they shall be accountable, shall cut, Aveigh, 
pack, salt & cooper the said Beef which they have thus 
Inspected. 

Section 2d. And he it ^further enac^ecZ, That the In- inspectors oniy 
spector General & his Deputies shall not, nor shall either ages'^they^have 
of them, brand any Packages of Provisions other than '°«P«<=t«''- 



28 Acts, 1802. — Chapter 21. 

those which they have Inspected, & have caused to be 
weighed & packed as tlie Law requires, under such penal- 
ties & forfeitures as are provided by the several acts to 
which this is an addition. Approved June 23, 1802. 

1803. — Chapter 31. 

[May Session, ch. 21.] 

AN ACT DIVIDING THE COMMONWEALTH INTO DISTRICTS FOR 
THE CHOICE OF COUNCELLORS AND SENATORS. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
DiBtrictsand of the Same, That from and after the passing of this Act, 
tieuators". the wliolc Commonwealth be, and hereby is formed and 

divided into fifteen districts, for the choice of Councellors 
and Senators, in manner following, and that each district 
be, and hereby is directed, and authorized to choose the 
number of Councellors and Senators thereto respectively 
affixed, in the manner directed by the Constitution and 
Laws of the Commonwealth : Vizt. 

The County of Suffolk shall form one District, and 
choose five Senators. 

The County of Essex shall form one District, and choose 
six Senators. 

The County of Middlesex shall form one District, and 
choose four Senators. 

The County of Hampshire shall form one District, and 
choose four Senators. 

The County of Plymouth shall form one District, and 
choose two Senators. 

The County of Barnstable shall form one District, and 
choose one Senator. 

The County of Dukes County and Nantucket, shall form 
one District, and choose one Senator. 

The County of Bristol shall form one District, and choose 
two Senators. 

The County of York shall form one District, and choose 
two Senators. 

The County of Worcester shall form one District, and 
choose four Senators. 

The County of Berkshire shall form one District, and 
choose two Senators. 

The County of Cumberland shall form one District, and 
choose two Senators. 



Acts, 1802.— Chapter 22. 29 

The County of Norfolk shall form one District, and 
choose two Senators. 

The County of Kennebeck, shall form one District, and 
choose one Senator. 

The Counties of Lincoln,, Hancock, and Washington 
shall form one District, and choose two Senators. 

Approved June 23, 1802. 

1803. — Chapter 33. 

[May Session, ch. 22.] 

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, "AN 
ACT FOR SUPPORTING AND PUNISHING ROGUES, VAGA- 
BONDS, COMMON BEGGARS, AND OTHER IDLE, DISORDERLY 
AND LEWD PERSONS." 

Sec. 1st. Be it enacted hy the Senate, and House of 
Representatives, in General Court assembled, and hy the 
authority of the same. That the Courts of General Ses- Materials for 
sions of the Peace, in their respective Counties, shall o^pe«o!i7c™ra-' 
provide, and cause to be kept, at the expence of their "/cor'l-ecti'o^n to* 
Counties, suitable materials, sufficient at all times to em- be provided. 
ploy and keep at work, such as are or may be committed 
to the house of correction, by force of any laws of this 
Commonwealth ; and shall from time to time make and 
establish all necessary rules and regulations touching the 
employment of persons so committed ; the procurement 
and preservation of said materials ; the keeping of ac- 
counts of the expense and cost of such materials, and the 
labor performed by the persons committed to the said 
house, and the settling of the same. And the keeper of 
the said house and the overseers, shall be allowed and 
entitled to such proportion of the neat earnings of persons 
committed as aforesaid, as is provided in the acts to which 
this is in further addition. And after the first day of 
September next, no town, parent or master, shall be al- 
lowed to furnish any such materials as aforesaid without 
the consent of the keeper or overseers aforesaid, any thing 
in the acts aforesaid to the contrary notwithstanding. 

Sec. 2d. And be it further enacted. That whenever Keeper to be 
there shall be due to any keeper of such house, for the andhow^he''' 
care, trouble & expense of keeping, supporting and em- hu^y!"^^'^ 
ploying any person committed as aforesaid, any sum or 
sums of money, and the same shall have been allowed and 
duly certified by said Court, or their Committee, he shall 



30 



Acts, 1802. — Chapter 22. 



Culprits -who 
are punishable 
by imprison- 
ment may be 
confined in the 
goal or house 
of correction. 



Culprits punish- 
able by fine, 
who neylect to 
pay, to be com 
milled to the 
house of cor- 
rection. 



have a right to demand and recover the same of such per- 
son, his parent, master or kindred, who may be liable by 
law to maintain him, or of the town wherein he is law- 
fully settled ; and if such person, parent, master, kindred 
or town shall refuse or neglect to pay such sum for the 
space of fourteen days after the same shall have been de- 
manded, in writing, of him or them respectively, or of one 
of the Selectmen of the town, the said keeper shall have, 
and be entitled to an action of the case to recover such 
sum, against the person so committed, or his parent or 
master, if any he have, liable by law to maintain him, or 
against the town in which he is legally settled, in case he 
has not sufScient estate nor kindred who are able and 
obliged by law to maintain him, and may declare therein, 
in a general indebitatus assumpsit, and recover judgment 
for such sum as shall be found due to him, with legal in- 
terest from the time the same was demanded, and costs : 
And if the person so committed have kindred who are 
able and obliged by law to maintain him, the said keeper 
may have like remedy for recovering such sums of them, 
as is provided for towns which have been at expense for 
the relief and support of paupers, by an Act, entitled, 
" An Act providing for the relief and support, employ- 
ment, and removal of the poor, and for repealing all 
former laws made for those purposes." 

Sec. 3d. JBe it further enacted, That any person, 
standing convicted before the Supreme Judicial Court, or 
Court of General Sessions of the Peace for any crime 
punishable in part or in whole by imprisonment, may be 
sentenced by either of said Courts to suffer his imprison- 
ment, either in the common Goal, or in the house of cor- 
rection, at their discretion, to be employed and kept to 
work therein, in the same manner as persons committed 
to said house, pursuant to the acts to which this is in fur- 
ther addition. 

Sec. 4th. Be it further enacted, That either of said 
Courts may sentence any person standing convicted be- 
fore them respectively, of an offence punishable in whole 
or in part by fine, to pay such fine, with the costs of pros- 
ecution ; and in case he does not pay the same within ten 
days, that he be immediately thereafter conveyed to the 
house of correction, therein to be safely held, employed 
and kept to work, in the same manner as persons com- 
mitted to said house pursuant to the acts to which this is 



Acts, 1802. — Chapter 23. 31 

in further addition, for any term of time not exceeding 
six months. And the expense of keeping, supporting and 
employing such otfender, after deducting the neat amount 
of his earnings, shall be allowed by the Justices of the 
Court of Sessions, and paid to the keeper out of the 
County Treasury, in the same manner and with the same 
right of reimbursement from the Treasury of the Com- 
monwealth, as the accounts of Gaolers for the prison 
charges of persons confined in gaol on charge or convic- 
tion of crimes and offences committed against the said 
Commonwealth. Approved June 23^ 1802. 



1803. — Chapter 23, 

[May Session, ch. 23.] 

AN ACT TO DIVIDE THE TOWN OF WINSLOW IN THE COUNTY 
OF KENNEBECK, & TO INCORPORATE THE WESTERLY PART 
THEREOF INTO A SEPERATE TOWN, BY THE NAME OF 
WATER VILLE. 

Section 1st. Be it enacted by the Senate & House of 
Representatives in General Court Assembled, <& by the 
Authority of the same, that all that part of the town of Boundaries. 
Winslow which lies on the west side of Kennebeck 
River, as known by its present bounds, & by a line 
drawn on the middle of Kennebeck River, as its future 
Eastern boundary, be & hereby is incorporated into a sep- 
arate town by the name of Waterville. And the Inhabi- 
tants of the said Town are hereby vested with all the 
powers, privileges rights & immunities with which other 
Towns are invested by the Constitution & Laws of this 
Commonwealth. 

Sect. 2d. And be it further enacted, that the said J,'°Jj-ng°ta''xe8, 
Town of Waterville shall pay all arrears of taxes, which debts, ngiits 
have been assessed upon them, together with their pro- houses, &c. 
portion of all debts owed by the said town of Winslow 
prior to the date of this Act, excepting such debts as con- 
cern the building of their meeting houses, which shall be 
due from the said Town when divided, or damages the 
Town may then be liable to pay shall be apportioned & 
paid by each Town in proportion according to the present 
Valuation ; & all dues & demands, other than those which 
include the expences of Meeting Houses belonging to the 
Town when divided shall hereafter be adjusted, divided 
& paid to each of the said Towns in proportion according 



32 



Acts, 1802. — Chapter 24. 



Apportionment 
of future taxes. 



Provision re- 
specting prop- 
erly not enum- 
erated. 



First meeting. 



to the present Valuation. And the proceeds of the Sales 
of ail the Pews on the lower floors in the two Meeting 
houses standing on the banks of the Kennebeck, as also 
the monies voted to complete the same shall be equally 
divided between the said Towns after a division ; & the 
monies assessed for the building a meetins; house in the 
West Pond Settlement, shall be paid & exclusively ap- 
propriated to that purpose, & subject to no demand of 
the said Town of Winslow. And the deficiences of monies 
which may be due to the several School districts in the 
said Town when divided shall be paid out of the com- 
mon Treasury of the present town of Winslow. 

Sect. 3d. And be it further enacted, that all future 
State taxes which may be levied on the two Towns afore- 
said, previous to a new valuation, shall be assessed & paid 
in the proportion of two fifths by the town of Winslow & 
of three fifths by the town of Waterville. 

Sect. 4th. And be it further enacted that all other 
property now belonging to ihe said town of Winslow, not 
mentioned in the foregoing Sections shall be divided be- 
tween the said Towns of Winslow & Waterville, in the 
same proportions as mentioned in the Second Section of 
this Act. 

Sect. 5th. And be it further enacted that any Jus- 
tice of the Peace of the said County of Kennebeck, be & 
he is hereby authorized upon application therefor to issue 
a warrant directed to some suitable person, an inhabitant 
of the said town of Waterville, requiring him to notify & 
warn the inhabitants thereof qualified by law to vote in 
Town afiairs, to assemble at such convenient time & place 
as shall be expressed in the said Warrant, to choose such 
oflicers, as Towns are by Law impowered to choose in the 
months of March or April annually. 

Approved June 23, 1802. 



Route of the 
road. 



1802. — Chapter 24. 

[May Session, ch. 24.] 

AN ACT AUTHORIZING DANIEL BARRETT TO MAKE A TURN- 
PIKE ROAD, OVER MEGUNTEKOOK MOUNTAIN, IN THE TOWN 
OF CAMDEN, IN THE COUNTY OF LINCOLN. 

Section 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, & by the 
authority of the same, that the said Daniel Barrett, be, 



Acts, 1802. — Chapter 24. 33 

and he is hereby authorised to make a Turnpike road, over 
Meguntakook mountain in the town of Camden, by the 
following route. Begining at a birch tree, the boundary 
line between the plantation of Canaan & the town of Cam- 
den ; thence runing south four degrees, east forty four 
rods, thence South six degrees, East forty rods, thence 
South seventeen degrees East fifty four rods, thence South 
twenty degrees. East One hundred & twenty six rods, 
thence South thirty two degrees, East fifty four rods, to 
the south easterly side of Smelt brook, so called, agree- 
ably to the plan & surve}'" of the said road, being about Dimensions, 
one Mile in length, and that the made way and path for 
travelling be in no place less than ten feet wide, and where 
the mountain & pond will admit, to be sixteen feet wide, 
with eleven places for turning out at proper distances, as 
marked in the plan & survey of said road, for the accom- 
odation of teams, in passing over the said Meguntecook 
mountain. 

And whereas the travel on the said road will be incon- 
siderable, and the expence of making the same great, and 
a consequent disproportion of profits compared with 
other Turnpikes, and it being reasonable that the said 
Barrett should be indemnified for his advances & dis- 
bursements. 

Section 2. Be it further enacted, that the said Barrett toii allowed. 
shall have liberty to erect One turnpike gate, at the south- 
erly end of the said road, and shall thereat be authorised, 
to demand & receive toll, at the following rates, vizt. 
For every foot passenger, three Cents, For every man & 
horse Eight Cents, For every Cart & two oxen twelve & 
a half Cents, for every additional yoke of Oxen four 
Cents, For every Waggon & team, twenty Cents, For 
every Single Sleigh & horse ten Cents, For every Sleigh 
& two horses twelve & a half Cents, For every Sled & one 
yoke of Oxen twelve & a half Cents, For every additional 
yoke of Oxen four Cents, and every additional horse in 
any conveyance, two Cents, For all neat Cattle or horses 
whether single or in droves one Cent for each head, For 
Sheep & Swine three Cents for each dozen. And there 
shall be constantly kept in a Conspicuous place & ex- 
posed to open view, a sign or board, with the rates of toll, 
of all the tollable articles, fairly & legibly written thereon, 
in large or capital characters. Provided however that Proviso, 
said toll may be commuted with any person or persons, 



34 



Acts, 1802. — Chapter 24. 



Penalty for 
injuring the 
gate or forcibly 
passing. 



Proviso. 



Penalty for 
delay and 
extortion. 



Statements of 
the expense, 
income & 



by taking of him or them, a certain sum annually, as may 
be mutually agreed on, in lieu of the toll aforesaid. 

Section 3. Be it further Enacted, that if any person 
shall cut, break down, or otherwise injure or destroy the 
said Turnpike gate, or the sign board of rates, or any 
other appurtenance of the said gate, or shall forcibly pass 
or attempt to pass the said gates, without having first paid 
the legal toll at such gate, such person shall forfeit & 
pay a fine not exceeding fifty dollars, nor less than ten 
dollars to be recovered by the said Barrett, in an Action 
of trespass or on the Case. And if any person with his 
team, cattle or horse, turn out of the said road, to pass 
the turnpike gate, and again enter on the said road, with 
intent to evade the toll, due by virtue of this Act, such 
person shall forfeit & pay three times so much, as the 
legal toll would have been, to be recovered by the Said 
Barrett in an Action of debt or on the Case. Provided 
that nothino; in this Act shall extend to entitle the said 
Barrett to demand or receive toll of any person, who shall 
be passing with his horse or carriage, to or from public 
worship on the Lords day, or with his horse, team or 
Cattle, to or from his common labour on his farm, or to 
or from any Grist Mill, or on the common & ordinary 
business of his family concerns, or from any person or 
persons passing on Military duty, or in going to, or re- 
turning from Schools, town Meetings &, funerals. 

Section 4. And be it further enacted, that if the said 
Barrett, or the toll gatherer, or others in their employ on 
the said Turnpike, shall unreasonably delay or hinder, 
any traveller or passenger, or shall demand or receive 
more toll than is by this Act established, the said Barrett 
shall forfeit & pay a sum not exceeding ten Dollars, nor 
less than five Dollars, to be recovered before any Justice 
of the Peace, of the County, where the ofience shall be 
committed, by any person so injured, delayed, or de- 
frauded, in a Special Action of the Case ; the writ in 
which shall be served on said Barrett, seven days before 
the trial. And the said Barrett shall be also liable, to 
pay all damages, that shall happen to any person, from 
whom toll is demandable, for any defect or want of re- 
pairs, on the said Turnpike, and shall also be liable to 
presentment of the grand Jury, for not keeping the same 
in good repair. 

Section 5. And he it further enacted, that the said 
Barrett shall within six months after the said road is com- 



Acts, 1802. — Chapter 25. 35 

pleted, deposit in the Secretary's Office, an account of fo^^emlde"**' 
the Expences thereof, and shall also annually exhibit to 
the Governor and Council, a true account of the income 
or dividend arising from the said toll, with the necessary 
annual disbursements on the said road, and that the books 
of the said Corporation, shall at all times, be subject to 
the inspection of a Committee to be appointed by the 
General Court, or to the inspection of the Governor & 
Council when called for. 

Section 6. And be it furthei' enacted, that whenever Road to be 
it shall appear to the satisfaction of the General Court, commonwealth 
that the income arising from the said toll, shall have fully propVe'tor is 
compensated the said Barrett for all his Expences in mak- indemnified. 
ing and keeping the said road in good repair, together 
with an interest thereon, at the rate of twelve per centum 
by the year, the property of the said road shall be there- 
upon vested in the Commonwealth, and be at the disposal 
of the Legislature. Provided that if the said Barrett 
shall neglect to make & complete the said Turnpike road 
for the space of four years from the passing of this Act, 
the same shall be void and of no effect. 

Approved June 23, 1802. 

1803. — Chapter 25. 

[May Session, ch. 25.] 

AN ACT TO ESTABLISH A PLACE FOR ERECTING A NEW GAOL 
IN THE COUNTY OF YORK, & FOR ALTERING THE PLACE 
FOR HOLDING ONE OF THE TERMS OF THE SUPREME JUDI- 
CIAL COURT IN THE SAID COUNTY. 

Section 1st. Be it enacted hy the Senate & House of 
Representatives in General Court Assembled, (& by the 
Authority of the same, that there shall be erected &, fin- Gaoi to be 
ished at the expence of the County of York, a new Gaol 
in the District of Alfred in the said County, on or before 
the first day of September, in the year of our Lord one 
thousand eight hundred & three. 

Section 2d. And be it further enacted, that so much Provision for 
of an act passed on the fourth day of March, one thou- p^/eme judicial 
sand eight hundred, entitled, "An Act making further f^'^pYaied.^^"" 
provision in the Judicial Department," as respects the 
holding one term of the Supreme Judicial Court, at Wells 
in the said County, on the second Tuesday of September, 
annually, be & the same is hereby repealed from & after 
the first day of September, one thousand eight hundred 
& three. 



36 



Acts, 1802. — Chapters 26, 27. 



Term of Su- 
preme Judicial 
Court to be 
held at Alfred. 



Section 3d. And be it further enacted, that from & 
after the said first day of September, one thousand eight 
hundred & three the said Term of the Supreme Judicial 
Court shall be holden at Alfred, in & for the said County 
of York, on the second Tuesday of September, annually, 
any thing in the said Act to the contrary notwithstanding. 

Approved June 23, 1802. 



1803. — Chapter 36. 

[May Session, ch. 26.] 

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE 
YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED & 
NINETY SIX, ENTITLED, "AN ACT ESTABLISHING & REGU- 
LATING THE FEES OF THE SEVERAL OFFICERS & OTHER 
PERSONS HEREAFTER MENTIONED & FOR REPEALING THE 
LAWS HERETOFORE MADE FOR THAT PURPOSE." 

Be it enacted hy the Senate <& House of Representa- 
tives, in General Court Assembled, & by the Authority 
of the same. That the said Act be, & hereby is continued 
in force until the last day of June, in the year of our 
Lord one thousand eight hundred & three, any thing in 
any act to the contrary notwithstanding. 

Approved June 23, 1802. 



Peisons 
Incorporated. 



1803. — Chapter 37. 

[May Session, ch. 27.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF READFIELD, WINTHROP, HALLOWELL, 
AND AUGUSTA, IN THE COUNTY OF KENNEBECK INTO A 
RELIGIOUS SOCIETY, BY THE NAME OF THE FIRST BAPTIST 
SOCIETY IN READFIELD. 

Sec 1. Be it enacted by the Senate, and House of 
Representatives in General Court assembled and by the 
Authority of the same, that Ebenezer Hewins, Daniel 
Day, Daniel Newman, Jacob Smith, Daniel Caldwell, 
Joseph Ham, Heman Winslow, Thomas Allen, Levi Mor- 
ril jun., David Hanan, Timothy Brainard, John Shed, 
Timothy Goldthwait, James Allen, David Daniels, Joseph 
Johnson John Gage, Francis Fuller, William Briggs, Levi 
Morrill, Joseph Rice, William Richards, Joel White, John 
Cummings, Lemuel Capon, Phinehas Wood, John Evans, 
John Bond, James Tayler, Shubael Gage, and John Lane, 
with their families and estates with such others belonging 



Acts, 1802. — Chapter 27. 37 

to either of the Towns aforesaid as have, or may hereafter 
associate themselves for the same purpose, in the manner 
hereafter described, be, and they are hereby incorporated 
into a religious Society by the Name of the First Baptist corporate 
Society in Readlield with all the powers, privileges, and ^^°^^' 
immunities, to which other parishes are intitled by the 
Constitution and Laws of this Commonwealth for relii?- 
ious purposes only. 

Sec. 2. Be it fwther enacted, that any person belong- Method of join- 
ing to either of the Towns aforesaid, who may, at any '°^* ^ ociey. 
time hereafter, actually become a member of, and unite in 
religious worship, with the society aforesaid, and give in 
his or her name to the Town, or Parish, to which he, or 
she belongs, with a certificate, signed by the minister or 
Clerk of said Society, that he, or she has actually become 
a member of, and united in religious worship with the 
aforesaid Baptist Society in Readfield, fourteen days, pre- 
vious to the Town, or Parish meetings therein to be held 
in the Month, of March, or April annually, shall from and 
after giving such Certificate, with his or her Polls, and 
Estates, be considered as part of said Society : Provided 
however, that such person shall be held to pay the propor- 
tion of all money assessed in the Town or Parish to which 
he or she belonged, previous to that time. 

Sec. 3. Be it enacted, that if any member of said Bap- Method of leav- 
tist Society, shall at any time see cause to leave the same, ^^^ ^ ocey. 
and unite in religious worship with the Town, or Parish, 
in which he or she may reside, and shall lodge a certificate 
of such his intention with the Clerk, or Minister of said 
Baptist Society, and also with the Clerk of the Town, or 
Parish, in which he, or she may reside fourteen days, at 
least before the annual Town or Parish meeting, to be held 
therein in the Month of March, or April, and shall pay 
his or her proportion of all Money assessed on said Society 
previous thereto, such person shall, from and after giving 
such Certificate, with his, or her polls, and estates, be 
considered as belonging to the Town, or Parish, or Society, 
in which he or she may reside, in the same manner, as if 
he, or she had never belonged to the said Baptist Society. 

Sec. 4th. And he it further enacted, that John Hub- First meeting, 
bard Esq : be, and he is hereby authorized to issue a 
warrant directed to some suitable member of said Baptist 
Society, requiring him to notify and warn the members 
thereof to meet at such time and place as shall be ap- 



38 



Acts, 1802. — Chapteks 28, 29. 



pointed in said warrant, to choose such OflScers as Parishes 
in this Commonwealth are by Law authorized to choose in 
the Month of March or April annually. 

Approved June 23, 1802. 

1802. — Chapter 28. 

[May Session, ch. 28.] 

AN ACT TO ALTER THE TIMES OF HOLDING THE COURT OF 
GENERAL SESSIONS OF THE PEACE & THE COURT OF COM- 
MON PLEAS IN THE COUNTY OF KENNEBECK. 

Be it eiuicted by the Senate & House of Representa- 
tives, in General Court Assembled, & by the Authority 
of the same. That the Courts of General Sessions of the 
Peace & Common Pleas in the County of Kennebeck, 
which now by Law are to be holden on the third Tuesday 
of March annually, shall in future be holden on the third 
Tuesday of May annually, any law to the contrary not- 
withstanding. Approved June 23, 1802. 



Proprietors of 
certain mills 
authorized to 
maintain booms, 



1802. — Chapter 29. 

[May Session, ch. 29.] 

AN ACT FOR AUTHORIZING THE PROPRIETORS OF MILLS ON 
PRESUMPSCOTT RIVER TO FORM AND KEEP BOOMS ACROSS 
THE SAME RIVER AT CERTAIN PLACES. 

Sect. 1st. Be it enacted by the Senate and House of 
Represeiitatives in General Court assembled and by the 
authority of the same that the proprietors and owners of 
the Mills on the River Presumpscott on saccarappa falls 
and presumpscott falls thereon shall respectively have 
authority to form and maintain Booms across the same 
River in the following manner, that is to say, that the 
proprietors and owners of the said Mills respectively shall 
and may form and keep Booms across the same River 
above their respective Mills and as near the same as it 
can conveniently and usefully be done, and that the said 
owners shall also have power to form above their respec- 
tive Booms near their said Mills one other Boom across 
the same River and at a distance from their said Booms 
near their Mills suitable for the following purpose that 
is to say, that their said upper Booms shall be so far from 
the others, that room may be had for forming side Booms 
to hold all the logs masts timber and lumber that is to be 



Acts, 1802. — Chapter 29. 39 

detained there above the several Booms near the Mills let 
the same be more or less. And the said proprietors and 
owners and any other persons who shall have logs timber 
masts, or any kind of lumber in the same River and 
stopped by the said Booms, shall be obliged to remove 
the same from such upper Boom to the side Booms or 
some other place as soon as the same can be done with all 
the force and labor that can be conveniently employed in 
effecting the same business, to the intent that those who 
are about to carry their logs lumber or other property in 
the same river further down may not be unnecessarily 
interrupted therein. And that the owners of the same Passageways 
Booms shall be holden and obliged to make a sufficient raftIf&c.*to 
passage way round or through their several Booms, which ^'^ provided. 
they shall open from time to time as often and whenever 
any rafts, logs or timber, boats or vessells shall want a 
passage up or down the said River. 

Sect. 2d. Be it further enacted that the owners and J^'DeSidere" 
proprietors of the Mills on saccarappa falls on said Pre- as tenants in 
sumpscott River and the proprietors and owners of the booms and may 
Mills on Presumpscott falls on the same River shall re- &c. &™r""^*' 
spectively that is to say, all the proprietors and owners 
of all the Mills on the falls first mentioned by themselves, 
and the proprietors of all the Mills on the falls last men- 
tioned by themselves, shall be considered as tenants in 
common of all the Booms by them respectively formed 
under this Act and ma}^ respectively unite in holding 
meetings for directing the establishment of such Booms 
and shall have authority at meetings duly notified accord- 
ino; to the laws for callinoj meetings of tenants in common 
to chuse agents and to raise taxes for defraying the ex- 
pences of forming and maintaining such Booms (and all 
other matters that concern them as tenants in common 
respectively in the aforesaid Mills). And if any owner 
or proprietor of such Mills shall neglect or refuse to pay 
his tax within fifteen days after he is notified of the same 
the Treasurer chosen by the said owners and prop[?*]ietors 
severally of the Mills on the respective falls above men- 
tioned shall have a right to recover the same by an action 
of debt. 

Sect. 3d. Be it further enacted that if any person shall puni°hed'fo^/ 
cut, break, or injure such Boom or Booms he shall be injuring the 
punished by fine or imprisonment on conviction thereof in 
the Supreme Judicial Court and by binding to his good 



40 



Acts, 1802. — Chapter 30. 



Other proprie- 
tors of saw- 
mills author- 
ized to form 
booms. 



behaviour at the discretion of the Court. And that the 
proprietors and owners of the Mills on each of the falls 
aforesaid shall be liable to a fine as a Corporation for not 
complying with this Act at the discretion of the Supreme 
Judicial Court before which conviction shall be had on 
presentment by the Grand jury. Provided nevertheless 
that such conviction shall not be construed to prevent any 
individual from recovering damages which he may have 
sustained either by a delay to make a passage round or 
through any of said Booms or by cutting breaking or 
destroying any of them without legal justification. 

Sect. 4th. And Be it farther enacted that the pro- 
prietors and owners of saw Mills on any of the falls on 
said Presumpscott River shall have power to form Booms 
across the said River for the use and benefit of their re- 
spective saw-Mills under the same restrictions rules and 
obligations as are granted and enjoined upon the proprie- 
tors and owners of saw-Mills on Saccarappa and presump- 
scott falls. Approved June 23, 1802. 



Persons incor- 
porated. 



Corporate 
name. 



Proviso. 



1802.— Chapter 30. 

[May Session, ch. 30.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT DIRECTORS & COMPANY OF THE BEVERLY 
BANK. 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in Genei^al Court assembled and by the 
authority of the same. That Israel Thorndike, Joseph Lee, 
John Cabot, Moses Brown, Joshua Fisher, Nathan Leach, 
and Benjamin Lovett junior, their associates, successors 
and assigns, shall be, and hereby are created and made a 
Corporation, by the name of the President, Directors & 
Company of the Beverly Bank, and shall so continue from 
the first day of October next, untill the expiration of ten 
years next following ; and by that name shall be, and 
hereby are made capable in law, to sue and be sued, plead 
and be impleaded, defend and be defended in any Courts 
of Record or any other place whatever ; and also to make, 
have and use a common seal, and the same again at pleas- 
ure to break, alter and renew — &also to ordain, establish 
and put in execution, such bye laws, ordinances and reg- 
ulations as to them shall appear necessary and convenient 
for the government of the said Corporation, and the pru- 
dent management of their afiaxrs : Provided such bye 



Acts, 1802. — Chapter 30. 41 

r 
laws, ordinances and regulations, shall in no wise be con- 
trary to the Laws and Constitution of this Commonwealth ; 
and the said Corporation shall be always subject to the 
rules, restrictions, limitations and provisions herein pre- 
scribed. 

Sec. 2. And he it further enacted, That the capital ^»p"^' ^^°'^''- 
stock of the said Corporation, shall consist of a sum not 
more than one hundred and sixty thousand dollars, nor 
less than eighty thousand dollars, in specie to be divided 
into shares of one hundred dollars each : and the said sum 
of eighty thousand dollars at least shall be paid in on or 
before the first Monday of October next; and the stock- Mode of trans. 
holders at their first meeting, shall by a majority of tobedeter- 
votes, determine the mode of transferring & disposing ™ "^ 
of the stock and profits thereof; which being entered 
in the books of the said Corporation shall be binding on 
the stockholders, their successors and assigns. Provided 
that no stockholder shall be allowed to borrow at the said 
Bank, untill he shall have paid in his full proportion 
of the said eighty thousand dollars at least. And s^d ^e hew'.^'^ ""^^ 
Corporation are hereby made capable in law, to have, 
hold, purchase, receive, possess, enjoy and retain to them, 
their successors and assigns, lands, rents tennements and 
hereditaments, to the amount of twenty thousand dollars, 
and no more, at any one time, with power to bargain, sell 
and dispose of the same lands, tennements and heredita- 
ments, and to loan and negociate their monies and efiects 
by discounting on banking principles, on such security as 
they shall think adviseable. Provided however that noth- 
ing herein contained shall restrain or prevent the said 
Corporation from taking and holding real estate in mort- 
gage to any amount as collateral security for the payment 
of any debt due to the said Corporation. 

Sec. 3d. And he it further enacted, That the following Ruiea. 
rules, limitations and provisions shall form and be the 
fundamental articles of the said Corporation. 

First. That the said Corporation shall not issue, and ^bTigauons 
have in circulation at any one time, bills, notes or obliga- limited. 
tions to a greater amount than twice their stock actually 
paid in ; and in case of any excess, the directors under 
whose administration it may happen shall be liable for the 
payment of the same in their private capacity ; but this 
shall not be construed to exempt the said Corporation, or 
any estate real or personal, which they may hold as a body 



42 



Acts, 1802. — Chapter 30. 



Capital not to be 
used in trade. 



Holding real es- 
tate restricted. 



Directors and 
President. 



Directors of 
other banks 
ineligible. 



Annual meeting 
of stockholders. 



Apportionment 
of votes. 



President to be 
paid. 



corporate from being also liable for, and chargeable with 
such excess. 

Second. That the said Corporation shall not vest, use 
or improve any of their monies, goods, chatties or eftects 
in trade or commerce ; but may sell all kinds of personal 
pledges lodged in their hands by way of security, to an 
amount sufficient to reimburse the sum loaned. 

JViird. That the lands, tennements and hereditaments 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. 

Fourth. None but a member of the said Corporation, 
being a Citizen of this Commonwealth, and resident 
therein, shall be eligible for a Director and the Directors 
shall chuse one of their own number to act as President, 
and the Cashier before he enters on the duties of his office, 
shall give bond with two sureties to the satisfaction of the 
Board of Directors, in a sum not less than Ten thousand 
Dollars, with conditions for the faithful discharge of the 
duties of his office. 

Fifth. No director of any other Bank, shall ])e eligible 
to the Office of Director of this Bank, although he may 
be a Stock holder therein And any director, accepting any 
office, in any other Bank, shall be deemed to have vacated 
his place in this Bank. 

Sixth. That for the well ordering the aifairs of the said 
Corporation, a meeting of the Stockholders shall be held 
at such places as they shall direct, on the first monday in 
October annually ; and at any other time during the con- 
tinuance of the said Corporation, and at such place as 
shall be appointed by the President and Directors, for the 
time being, by public notification, given one week pre- 
vious th[e]reto; at which annual meeting, there shall be 
chosen by ballot, Seven Directors, to continue in office, 
the year ensuing their election. And the number of votes 
to which each Stockholder shall be entitled, shall be ac- 
cording to the number of shares he shall hold, in the fol- 
lowing proportions, that is to say, for one share, one vote, 
and every two shares above one, shall give a right to one 
vote more. Provided no one member shall have more 
than Ten votes, and absent members may vote by proxy, 
being authorized in writing. 

Seventh. No Director shall be entitled to any emolu- 
ment for his services, but the Stock-holders may make 



Acts, 1802. — Chapter 30. 43 

the President such compensation, as to them shall appear 
reasonable. 

Eighth. Not less than four Directors shall constitute a Four Directors 
Board, for the transaction of business, of whom the Presi- Board! ' " ^ * 
dent shall always be one, except in the case of sickness, or 
necessary absence, in which case, the Directors present 
may chuse a Chairman, for the time being in his stead. 

Mnth. All bills issued from the Bank aforesaid, and Jl" ^l!'" '^''^, 

11111'T ^ /-^ than fave dollars 

Signed by the President, shall be binding on the Corpora- to be issued. 
tion ; but it shall not be lawful for them to issue any bills, 
of a less denomination than Five Dollars. 

Tenth. The Directors shall make half yearly dividends Haif yearly 
of all the profits, rents, premiums, and Interest of the 
Bank aforesaid. 

Eleventh. The Directors shall have power to appoint officers to be 
a Cashier, Clerks, & such other officers, for carrying on "pp"'" ® • 
the business of said Bank, with such Salaries as to them 
shall seem meet. 

Sect. 4th. And Be it further enacted^ that the said 
Bank shall be established, and kept in the town of Beverly 
aforesaid. 

Sect. 5th. Be it further ewac^e^Z, that whenever the Provision for 
Legislature shall require it, the said Corporation shall common- 
Loan to the Commonwealth any sum of Money not ex- '^^*^'^- 
ceeding Twenty thousand Dollars, reimbursable by five 
Annual Instalments or at any shorter period at the Elec- 
tion of the Commonwealth, with the Annual payment of 
Interest at a rate not exceeding five per centum per Annum 
provided however — That the Commonwealth shall never, 
at any one time stand indebted to said Corporation with- 
out their consent for a larger sum than Twenty thousand 
Dollars. 

Sect. 6th. Be it further enacted — That the Share or shares iiabie 
Shares of any member of said Corporation with the Divi- mode'*of ™roc-' 
dends due thereon, shall be liable to attachment and***'^*'' 
execution in favor of any bona fide creditor in manner 
following Vizt. whenever a proper Officer having a writ 
of attachment or execution against any such member, 
shall apply, with such writ or execution, to the Cashier of 
said Bank, it shall be the duty of said Cashier to expose 
the books of the Corporation to such officer and furnish 
him with a Certificate under his hand in his official capac- 
ity, ascertaining the number of shares the said member 
holds in said bank, and the amount of the dividends 



u 



Acts, 1802. — Chapter 30. 



A Legislative 
Committee 
may examine 
the books, &c. 



Provision 
for ttie lirst 
meeting. 



Beniiannual 
statements of 
amount of 
siocli, &c. to 
be made. 



thereon Due ; and when any such share or shares shall be 
attached on mesne process ; or taken in execution without 
previous attachment, an attested copy of such writ of at- 
tachment or execution, shall be left with the said Cashier 
and such share or shares may be sold on execution, after 
the 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 such officer making such sale 
within ten days thereafter, to leave an attested copy of 
the execution with his return thereon with the Cashier of 
the Bank ; and the vendee shall thereby become the pro- 
prietor of such share or shares and entitled to the same 
and to all the dividends which shall have accrued thereon 
after the taking in execution as aforesaid, or where there 
shall have been a previous attachment after such attach- 
ment, notwithstanding any intervening transfer. 

Section 7. And be it further enacted, that any Com- 
mittee, specially appointed by the Legislature for the 
purpose shall have a right to examine into the doings of 
said Corporation, and shall have free access to all their 
Books and Vaults ; and if upon such an examination it 
shall be found, and after a full hearing of the said Corpo- 
ration thereon, be determined by the Legislature, that 
said Corporation have exceeded the powers herein granted 
them, or failed to Comply with any of the rules restric- 
tions, and conditions in this Act provided, their incorpo- 
ration shall thereupon be declared forfeited and void. 

Section 8. Arid be it further enacted, that the per- 
sons herein before named, or any three of them are 
authorised 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 for three weeks successively in the Salem Gazette, 
for the purpose of making, ordaining, & establishing such 
bye laws, ordinances, & regulations, for the orderly con- 
ducting the affairs of the said Corporation, as the said 
Stockholders shall deem necessary, and for the Choice of 
the first Board of Directors, and such other Officers as 
they shall see fit to choose. 

Section 9. And be it further enacted, that it shall be 
the duty of the Directors of said Bank to transmit to the 
Governor & Council of this Commonwealth, for the time 
being, once in six months at least, & as much oftener 
as they may require, accurate & just statements of the 
Amount of the Capital Stock of said Corporation, and of 



Acts, 1802. — Chapter 31. 45 

debts due to the same, of the Monies deposited therein, 
of the Notes in circulation, and of the Cash on hand, 
which Statements shall be signed by the Directors, & at- 
tested by the Cashier. 

Section 10. And be it further enacted that the Com- commonwealth 
monwealth shall have a right, whenever the Government t^Yapuar"^ 
thereof shall make provision by law, to subscribe to & ^*"*'''" 
become interested in the Capital Stock of said Bank in 
a Sum not exceeding one third part thereof, subject to the 
rules, Regulations & provisions to be by them made and 
established. 

Section 11. And he it further enacted. That the said o/aue^iduot^B* 
Corporation shall be liable to pay to any bona fide holder to be paid. 
the original Amount of any Note of said Bank counter- 
feited or Altered in the Course of its circulation to a 
larger Amount, notwithstanding such alteration. 

Section 12. And he it further enacted that nothing The Bank 

o liable to be 

contained in this Act shall be construed to prevent the taxed. 
Legislature from taxing said Bank at any time hereafter 
whenever they shall judge it expedient. 

Section 13. And he it further enacted that one eisfhth Money to be 

, '' , O loaned on real 

part of the whole funds of said Bank shall always be estate. 
appropriated to loans to be made to Citizens of this 
Commonwealth not resident in the town of Beverly, & 
wherein the Directors shall wholly & exclusively regard 
the agrecultural interest ; which loans shall be made in 
sums of not less than One hundred dollars nor more than 
five hundred dollars, & upon the personal bond of the 
borrower, with collateral security by sufficient mortgage 
of real estate, for a term not less than One year, & on con- 
dition of paying the interest annually on such loans, sub- 
ject to such forfeiture & right of redemption as by law 
provided. Approved June 23, 1802. 

1803. — Chapter 31. 

[May Session, ch. 31.] 

AN act to incorporate SUNDRY PERSONS BY THE NAME OF 
the president, directors AND COMPANY OF THE LINCOLN 
AND KENNEBEC BANK. 

WJiereas John Dunlap and others have hy their Peti- Preamble. 
tion to this Court set forth that they have subscribed to a 
fund for the establishment of a Bank at Wiscasset and 
hove j^'rayed to be incorporated for that purpose: 

Sect. 1. Be it therefore enacted, by the Senate and 
House of Representatives in General Court assembled & 



46 



Acts, 1802. — Chapter 31. 



Persons incor- 
porated. 



Corporate 
name. 



Proviso. 



Capital stock. 



Mode of trans- 
ferring shares 
to be deter- 



by the authority of the same. That John Dunlap, Benjamin 
J. Porter, Peleg Tolman, Thomas Rice, Abiel Wood 
Junr. , Moses Charlton Moses Charlton Junr. John Ander- 
son, Silas Lee, David Peyson, Samuel Davis, William 
King, James Bridge, Samuel Howard, Daniel Cony, 
Thomas Agry, John Odlin Page, Peter Grant, David 
Agry, Jedediah Jewett, and Joseph Lampson, their Asso- 
ciates successors & assigns shall be and are hereby 
created & made a Corporation by the name of The Presi- 
dent, Directors and Company of the Lincoln & Kennebec 
Bank ; and shall so continue from the first Monday of 
October next until the expiration of Ten years, next fol- 
lowing ; & by that name shall be and are hereby made 
Capable in law to sue and be sued, plead & be impleaded 
defend and be defended in any Courts of Record or any 
other place whatever; and also to make, have and use a 
Common Seal, and the same again at pleasure to break 
alter and renew ; and also to ordain, establish and put into 
execution such bye laws ordinances and regulations as to 
them shall appear necessary and convenient for the Gov- 
ernment of said Corporation and the prudent management 
of their aflairs ; Provided such bye-laws ordinances & reg- 
ulations as to them shall appear necessary, shall in no 
wise be contrary to the laws and Constitution of this Com- 
monwealth ; and the said Corporation shall be always sub- 
ject to the rules, restrictions, limitations & provisions 
herein prescribed. 

Sect. 2. And he it further enacted that the Capital 
Stock of the said Corporation shall consist of a Sum not 
more than two hundred thousand dollars nor less than one 
hundred thousand dollars in Specie to be divided into 
Shares of one hundred dollars each, and the said sum of 
one hundred thousand dollars at least shall be paid in by 
the following installments : One third part on or before 
the first Monday of October next, One third part on or 
before the first Monday of April next, and the remaining 
third part on or before the first Monday of October One 
thousand eight hundred and three. Provided that no 
money shall be loaned or discounts made, nor shall any 
bills or promissary notes be issued from said bank until 
the capital Subscribed and actually paid in and existing 
in Specie in their Vaults shall amount to One hundred 
thousand dollars — And the Stock holders at their first 
meeting shall by a majority of Votes determine the mode 



Acts, 1802. — Chapter 31. 47 

of transferring and disposing of the Stock & profits ™|°temly'be 
thereof; which being entered in the books of said Corpo- tew. 
ration shall be binding on the Stock holders their succes- 
sors & assigns ; provided that no Stock holder shall be 
allowed to borrow at said Bank, until he shall have paid 
in his full proportion of sd. One hundred thousand dol- 
lars at least. And said Corporation are hereby made 
capable in Law, to have, hold, purchase and receive, pos- 
sess enjoy and retain to them their successors & assigns, 
lands, rents, tenements & hereditaments, to the amount 
of Fifteen thousand dollars & no more at any one time 
with power to bargain sell & dispose of the same lands 
tenements \_and'\ hereditaments, and to loan & negociate 
their monies and effects by discounting on banking prin- 
ciples on such security as they shall think adviseable. 
Provided however that nothing herein contained shall be 
construed to restrain or prevent said Corporation from 
taking & holding real Estate to any amount by Mortgage 
or Execution, when taken as Collateral security for the 
payment of any debt due, or in satisfaction for any 
judgment recovered by said Corporation, subject to 
such forfeiture and right of redemption as is by law 
provided. 

Sect. 3. And he it further enacted^ that the following Rules. 
rules limitations and provisions shall form and be the 
fundamental Articles of said Corporation. — 

First, That the said Corporation shall not issue and ^mo"?' of 

. , . ^ . 1 .,, ,1. obligations 

have m circulation at any one tmie, bills, notes, or obli- limited. 
gations, to a greater amount than twice their Stock, 
actually paid in, and in case of any excess the Directors 
under whose administration it may happen shall be liable 
for the payment of the same in their private capacity ; but 
this shall not be construed to exempt said Corporation, or 
any estate real or personal which they may hold as a body 
Corporate from being also liable for & chargeable with 
such excess. 

Second, That the said Corporation shall not Vest use capuai not to be 
or improve any of their Monies goods chattels or effects ^^^^ '° "^'^^' 
in trade or Commerce ; but may sell all kinds of personal 
pledges lodged in their hands, by way of security to an 
amount sufficient to reimburse the sum loaned. 

Third, That the lands tenements & hereditaments ^t^'^^'g^j^^g^g^*^" 
which said Corporation shall hold ishall be only such as 
shall be requisite for the convenient transaction of its 



48 



Acts, 1802. — Chapter 31. 



Directors and 
President. 



Directors of 
other banks 
ineligible. 



Annual meeting 
of stockholders. 



Apportionment 
of votes. 



President to be 
paid. 



Five Directors 
to constitute a 
Board. 



business ; excepting such real estate as shall be taken by 
morto;ao;e or execution as aforesaid. 

Fourth, None but a member of said Corporation, 
being a Citizen of this Commonwealth, and resident 
therein, shall be eligible for a Director; and the Directors 
shall choose one of their own number for a President. 
The Cashier of the Bank before he enters on the duties 
of his Office shall give bond with two sufficieot sureties 
to the satisfaction of the board of Directors in a sum not 
less than Fifteen thousand dollars, with condition for the 
faithful discharge of the duties of his Office. 

Fifth, No Director of any other Bank shall be eligible 
to the office of Director of this bank, although he may be 
a Stockholder herein ; and any Director accepting an 
office in any other Bank shall be deemed to have vacated 
his place in this Bank. 

Sixth, That for the well ordering of the affairs of said 
Corporation, a meeting of the Stockholders shall be held 
at Wiscasset on the first Monday of September annually : 
and at any other time during the continuence of the Cor- 
poration, at such place at Wiscasset as shall be appointed 
by the President & Directors, for the time being, by pub- 
lic notification given fifteen days previous thereto, or by 
any other way or manner that shall be agreed upon in the 
bye laws of said Corporation ; at which annual meeting 
there shall be chosen by ballot nine Directors, to continue 
in Office the year ensuing their election ; and the number 
of Votes to which each Stockholder shall be entitled, shall 
be according to the number of shares he shall hold in the 
following proportions, that is to say — For one share one 
Vote and every two Shares above one shall give a right to 
one Vote more, provided no one member shall have a 
right to more than ten Votes, and absent members shall 
and may Vote by proxy, being authorised in writing — 
And should any Vacancy happen in the office of any 
Director, the same may be filled at any meeting of the 
Stockholders called for that purpose. 

Seventh, No Director shall be entitled to any emolu- 
ment for his Services, but the Stockholders may make the 
President such compensation as to them shall appear 
reasonable. 

Eighth, Not less than five Directors shall constitute a 
Board for the transaction of business of whom the Presi- 
dent shall always be one except in case of sickness or 



Acts, 1802. — Chapter 31. 49 

necessary absence, in which case the Directors present 
may ciioose a chairman for the time being in his stead. 

Ninths All bills issued from the Bank aforesaid and ^anfilVdoliars 
signed by the President shall be binding on said Cor- to be issued. 
poration ; but it shall not be lawfuU for them to issue any 
bills of a less denomination than five dollars. 

Tenth, The Directors shall make half yearly Dividends Half yearly 
of all the profits rents premiums & interest of the Bank 
aforesaid. 

Eleventh, The Directors shall have power to appoint 0®°?" to be 
a Cashier, clerk and such other ofiicers for carrying on 
the business of the Bank with such Salaries as shall to 
them seem meet. 

Sect. 4. Be it further enacted, that whenever the Provision for 
Legislature shall require it, the said Corporation shall loan commonwealth, 
to the Commonwealth any sum of money not exceeding 
twenty thousand dollars, reimbursable by five annual in- 
stallments or at any shorter period at the election of the 
Commonwealth, with the annual payment of interest at a 
rate not exceeding five per Centum per Annum, provided 
however, that the Commonwealth shall never at any one 
time stand indebted to said Corporation, without their 
Consent, for a larger sum than twenty thousand Dollars. 

Sect. 5. Be it further enacted that the share or Shares shares iiabie 
of any member of said Corporation with the dividend or modeofproc' 
dividends due thereon shall be liable to attachment and *^^*'^^'=- 
execution in favor of any bone fide Creditor in manner 
following. Viz. Whenever a proper officer having a writ 
of attachment or execution against any such member shall 
apply with such writ or execution, to the cashier of said 
Bank, it shall be the duty of said cashier to expose the 
books of the corporation to such officer, and furnish him 
with a certificate under his hand in his official capacity 
ascertaining the number of shares the said member holds 
in said bank, and the amount of the dividend, or dividends 
thereon due, and when any such share or shares shall be 
attached on mesne process, or taken in execution without 
previous attachment, an attested Copy of such writ of at- 
tachment or execution shall be left with the said cashier 
and such share or shares may be sold on Execution, after 
the 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 Officer making such sale within 
ten days thereafter, to leave an Attested Copy of the 



50 



Acts, 1802. — Chapter '31. 



A Legislative 
Committee may 
examlDe the 
books, &c. 



Provision for 
the first meet- 
ing. 



Semi-annual 
statements of 
amount of 
stock, &c. to 
be made. 



Commonwealth 
may subscribe 
to capital stock, 



Execution with his return thereon, with the Cashier of the 
Bank ; and the Vendee shall thereby become the proprie- 
tor of such share, or shares and intitled to the same, and 
to all the dividends which shall have accrued thereon after 
the taking in Execution as aforesaid, or when there shall 
have been a previous attachment after such attachment 
notwithstanding any intervening transfer. 

Sect. 6. And be it further enacted, That any commit- 
tee specially appointed by the Legislature for the purpose, 
shall have a right to examine into the doings of said Cor- 
poration, and shall have free access to all their Books and 
Vaults ; and if upon such an Examination it shall be found, 
and after a full hearing of said Corporation thereon, 
be determined by the Legislature that said Corporation 
have exceeded the powers herein granted them, or failed 
to comply with any of the rules & regulations restrictions 
& Conditions, in this Act provided, their incorporation 
shall thereupon be declared forfeited & void. 

Sect. 7. And be it further enacted, That the persons 
herein before named, or any three of them are Authorised 
to call a meeting of the members and Stockholders of said 
Corporation as soon as may be at such time and place at 
Wiscasset as they may see fit by advertising the same in 
the paper printed by Edes " in the County of Kennebec 
and Jenks' Portland Gazette three weeks successively, for 
the purpose of making ordaining & establishing such regu- 
lations ordinances & Byelaws for the orderly conducting 
the afiairs of said Corporation as the said Stockholders 
shall deem necessary, and for the choice of the first Board 
of Directors and such other officers as they shall see fit 
to Choose. 

Sec. 8. A^id be it further enacted, That it shall be the 
duty of the Directors of said Bank to transmit to the 
Governor and Council of this Commonwealth for the time 
being, once in six months at least, and as much oftener as 
they may require, accurate and just statements of the 
amount of the capital stock of said Corporation, and of 
debts due to the same — of the monies deposited therein — 
of the notes in circulation, and of the cash on hand ; which 
statements shall be signed by the Directors, and attested 
by the Cashier. 

Sec. 9. And be it further enacted. That the Common- 
wealth shall have a right, whenever the Government 
thereof shall make provision by law, to subscribe to, and 



Acts, 1802. — Chapter 32. 51 

become interested in the capital stock of said Bank, in a 
sum not exceeding one third part thereof, subject to the 
rules, regulations and provisions to be by them made and 
established. 

Sec. 10. And be it further enacted, That the said Cor- original amount 
poration shall be liable to pay to any bona fide holder, the to be paid, 
original amount of any note of said Bank, counterfeited or 
altered in the course of its circulation to a larger amount, 
notwithstanding such alteration. 

Sec. 11. And be it further enacted, That nothing con- The Bank nabie 
tained in this Act, shall be construed to prevent the 
Legislature from taxing said Bank at any time hereafter, 
when they shall judge it expedient. 

Sec. 12. Ajid be it further enacted. That one eighth Money to be 
part of the whole funds of said Bank, shall always be ap- estate. 
propriated to loans to be made to citizens of this Com- 
monwealth, not resident in the town of Wiscasset, and 
wherein the Directors shall wholly and exclusively regard 
the agricultural interest ; which loans shall be made in 
sums of not less than one hundred, nor more than five 
hundred dollars, and upon the personal bond of the bor- 
rower, with collateral security by a sufficient mortgage of 
real estate, for a term not less than one year; and on 
condition of paying the interest annually on such loans, 
subject to such forfeiture and right of redemption, as by 
law^ is provided. Approved June 23, 1802. 



1803. — Chapter 3*^. 

[May Session, ch. 32.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF GREAT BARRINGTON IN THE COUNTY OF BERK- 
SHIRE INTO A DISTINCT RELIGIOUS SOCIETY BY THE NAME 
OF THE FIRST BAPTIST SOCIETY IN GREAT BARRINGTON. 

Sec 1. Be it enacted by the Senate and Houne of 
liepresentatives in General Court assembled and by the 
authority of the same, that John Nichols, Jonas Wick- Persons 
wire, Silas Lester, Israel Holdridge, Ebenezer Smith °°°'"p°''^'* • 
Isaac D. Lamattey, Josiah Baker, Miles Avery, Moses 
Smith, Ezra Chapman, Hugh Humphrey, William Blin, 
Jesse Smith. Elnathan Judd, Justus Deming, Festus Ray, 
Jeremiah liay, Artemas Ray, Samuel Billings, Seth 
Morse, Aaron Graham, Elijah Andrews, Lieb Chapman, 
Joseph Leard, Nathan Palmer, Nathaniel Porter, William 



52 



Acts, 1802. — Chapter 32. 



Corporate 
name. 



Method of join- 
ing the Society. 



Proviso. 



Method of leav- 
ing the Society. 



Patterson jun., Lancaster Comstock, Abiel Wedge, Ben- 
jamen Prichard, Richard Kilborn, Leman Kilbourn, Wil- 
liam Ross, Lodowick Gardner, Thomas Ross, Thomas 
Ross junr. Zachariah Dresser, Ezra Dresser, Jacob Cooley, 
Isaac Tooley, Joseph Rhoades, Elijah Kilburn, Abel 
Hall, Job Hall, Ezra Chapman, Jason Dobey, Phineas 
Atwood, Peregrine Comstock, John Lard, David Patter- 
son, Levi Humphrey, Hezekiah Atwood, William Ray, 
together with their families and estates together with such 
others as have, or may hereafter associate themselves for 
the same purpose, in the manner herein after described 
be, and they are hereby Incorporated into a religious 
Society by the name of the First Baptist Society in Great 
Barrington, with all the privileges, powers, & immuni- 
ties, to which other parishes are intitled by the Constitu- 
tion and Laws of this Commonwealth for religious purposes 
only. 

Sec. 2. Be it further enacted, that any person in the 
Town of Great Barrington aforesaid, being of the Baptist 
Denomination aforesaid, who may at any time hereafter 
actually become a Member of, and unite in religious 
Worship, with the said society, and give in his, or her 
name to the Clerk of the Town, or Parish, to which he or 
she belongs with a certificate signed by the Minister, or 
Clerk of said Society, that he or she has actually become 
a member of, and united in religious worship with the 
aforesaid Baptist Society in Barrington aforesaid fourteen 
days previous to the Town, or Parish meeting therein to 
be held in the Month of March or April annually, shall 
from, and after giving such certificate with his, or her 
polls, and estates, be considered as part of said Society : 
Provided however, that such person shall be held to pay 
the proportion of all Money assessed in the Town, or 
Parish, to which he, or she belonged previous to that time. 

Sec. 3. Be it further enacted, that if any member of 
said Baptist Society shall at any time see cause to leave 
the same and unite in religious worship with the Parish in 
which he may reside, and shall lodge a certificate of such 
his, or her intention, with the Clerk, or Minister of said 
Baptist Society, and also with the Clerk of the Town or 
Parish in which he may reside, fourteen days at least, 
before the annual Town, or Parish meeting to be held 
therein in the month of March or April, and shall pay his 
proportion of all money assessed on said society previous 



Acts, 1802. — Chapters 33, 34. 53 

thereto, such person shall, from and after giving such 
certificates with his polls and estates be considered as be- 
longing to the Town or Parish, in which he may reside in 
the same manner, as if he had never belonged to said Bap- 
tist Society. 

Sec. 4. And be it further enacted, that Barnabas Bid- First meeting. 
well Esq. be, and he is hereby authorized to issue a 
warrant directed to some suitable member of said Baptist 
Society requiring him to notify and warn the Members 
thereof, to meet at such time and place as shall be ap- 
pointed in said warrant to choose such officers as parishes • 
in this Commonwealth are by law authorized to choose in 
the month of March or April annually. 

Approved June 23, 1802. 

1803. — Chapter 33. 

[May Session, ch. 33.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, AN ACT DIRECTING 
THE MODE OF TRANSFERRING REAL ESTATES BY DEED, AND 
FOR PREVENTING FRAUDS THEREIN. 

Be it enacted by the Senate and Hous.e of Representa- 
tives, in General Court assembled, and by the authority 
of the same. That no title or Estate in fee Simple, fee 
tail, for term of life, or any lease for more than seven 
years from the making thereof, of any Lands, Tenements 
or Hereditaments within this Commonwealth, shall be 
defeated, or incumbered by any Bond or other deed or 
Instrument of Defeasance, hereafter to be made, in the 
hands, or possession of any person, but the Original Party 
to such Bond, Deed, or other Instrument or his heirs, 
unless such Bond, Deed, or other Instrument of Defea- 
zance be recorded at large in the Registry of Deeds, in 
which the Original Deed referred to, in the said Bond, 
Deed, or other Instrument of Defeazance, shall have been 
recorded. Approved June 23, 1802. 

1803.— Chapter 34. 

[May Session, ch. 34.] 

AN ACT FOR ESTABLISHING A TURNPIKE CORPORATION WITHIN 
THE TOWN OF SCARBOROUGH. 

Section 1. Be it enacted by the Senate & House of 
Representatives in General Court assembled, and by the 
authority of the same, that Robert Southgate Esqr. Wil- ?cor°p°orated. 



54: 



Acts, 1802. — Chapter 34. 



Corporate 
name. 



DimensioDS. 



Rates of toll. 



liam King,- Cyrus King, Benjamin Porter, Joseph Leland, 
Ebenezer Libby, Major Josiah Libby, William Thompson 
esqr. Reuben Fogg, James March, John Watson, Jonathan 
Libby, John M. Milliken, Samuel Milliken together with 
such others as may hereafter associate with them, & their 
successors, shall be a Corporation by the name of the First 
Cumberland turnpike Corporation, with all the privileges 
& powers incident to corporations, for the purpose of laying 
out, making & keeping in repair, a turnpike road in said 
Scarborough, to commence at a bridge near the dwelling 
House of Nathaniel Moses, from thence running a Cross 
the upland & Marsh, in a Southwesterly course between 
the dwelling houses of Edward & Jeremiah Milliken until 
it meets the present county road near the said Edward 
Milliken's dwelling house ; which turnpike road shall not 
be less than four rods Wide, and the part to be travelled 
on, not less than twenty two feet in width in any part 
thereof; and over the whole extent of the Marsh at least 
twenty four feet wide & secured with sufficient railing on 
each side, and when said road shall be sufficiently made, 
and shall be allowed & approved by the Justices of the 
Court of Sessions of the County of Cumberland, at any 
term thereof, then the said Corporation shall be au- 
thorised and impowered to erect a turnpike gate on the 
same, in such manner and place as shall be necessary 
& convenient, and shall be entitled to receive from 
each traveller & passenger the following rate of toll, 
vizi. For every Coach, phaeton, chariot, and other four 
wheel carriage twenty cents, and for every cart, waggon, 
or Sled, drawn by two Oxen, or horses, six Cents, and if 
drawn by more than two, a further sum of two cents for 
every such ox or horse ; for every Curricle seventeen 
Cents ; for every Sleigh drawn by two horses six Cents ; 
for every chaise Chair, or other carriage drawn by one 
horse six cents ; for every man & horse five cents ; for 
all Oxen, horses, or neat Cattle, led or driven other than 
those in teams or Carriages, one cent & an half each ; for 
all sheep & Swine, three Cents by the dozen, and in the 
same proportion for a greater, or lesser number ; Provided 
that said Corporation may, if they see cause, commute 
the rate of toll with any Corporation, person or persons, 
by taking of him or them, a certain sum annually, to be 
mutually agreed on in lieu of the toll aforesaid ; and the 
Justices of the Court of the General Sessions of the 



Acts, 1802. — Chapter 34. 55 

Peace, in the County of Cumberland, are hereby author- 
ised, on application from said Corporation, to lay out * 
such road accordingly ; and the said Corporation, shall be Persons whose 
holden to pay all damages which shall arise to any person, iThetuLm^^ 
by taking his land for such road, where it cannot be ob- ^^'^• 
tained by voluntary agreement, to be estimated by a Com- 
mittee appointed by the General Sessions of tho Peace, 
saving to the party the right of trial by jury, according 
to a law, providing for the recovery of damages, happen- 
ing by laying out high ways ; and said Corporation shall 
also be holden to keep open a sufficient number of sluices, 
or passage ways for the water above said turnpike to flow 
ofl", as will prevent the marsh above from being over- 
flowed in any degree more than the same was liable to 
before said turnpike took place. 

Section 2. And be it further enacted, that if the said Penalty for 
Corporation, their toll gatherers, & others in their em- sengers^or*' 
ploy, shall unreasonably delay, or hinder any traveller or ^^,^|=''°s iiiegai 
passenger, at said gates, or shall demand & receive more 
toll than is by this Act established, the Corporation shall 
forfeit & pay a sum not exceeding ten dollars, nor less 
than one dollar, to be recovered before any Justice of the 
peace in said County, by any person injured, delayed, or 
defrauded, in a special action on the Case, the writ in 
which Action shall be served on the Corporation, by leav- 
ing a Copy of the same with the Treasurer, or with two 
individual members of said Corporation, living within the 
County aforesaid, or reading the contents thereof to said 
Treasurer, or individual members at least seven days be- 
fore the trial, and the Treasurer of said Corporation, or 
individual members, shall be allowed to defend the same 
suit in behalf of said Corporation ; and the corporation corporation 
shall be liable to pay all damages, which shall happen to daraagl°s%rom 
any person from whom toll by this Act is demandable, Refects of road, 
for any damao;es which shall arise from defect of bridges 
or want of repairs to said road, & shall, also, be liable to a 
fine on presentment of the Grand Jury, for not keeping 
the said road or bridges thereon in due repair ; and if the 
said road, or any part thereof, shall be sufiered to be out 
of repair, the Justices of the Court of Common pleas, 
within and for said County, or a major part of them, or a 
Committee to be appointed for that purpose by said Jus- 
tices, are hereby authorised to order said gate to be set 
open, the said Justices or their Committee, having pre- 



56 



Acts, 1802. — Chapter 34. 



Gate may be 
ordered to be 
set open if road 
is suffered to 
remain out of 
repair. 



Penalty for 
injuring the 
gate or road. 



Exemptions 
from toll. 



Shares deemed 
personal estate. 



Mode of trans- 
fer, attachment, 
&c. 



viously notified the Clerk of said Corporation, of com- 
plaint having been made of the badness of the road at 
least ten days previously to the ordering said gate to be 
set open, and immediately upon leaving such Order in 
writing, under the hands of said Justices, or their Com- 
mittee, with the Clerk of the Corporation, the said gate 
shall be opened, & no toll shall be legally demandable, or 
taken thereat, until the said Justices, or their Committee 
shall grant a counter Order. 

Sec. 3d. And be it further enacted, that if any person 
shall cut, break down or otherwise injure or destroy the 
said turnpike gate, or shall dig up or carry away any 
earth from said road, or in any manner damage the same, 
or shall forcil)ly pass or attempt to pass the said gate by 
force, without having first paid the legal toll at such gate, 
such person shall forfeit & pay a fine not exceeding fifty 
dollars, nor less than ten dollars, to be recovered by the 
Treasurer of said corporation to their use, in an action of 
trespass, or on the case. And if any person with his 
team, cattle, or horse, turn out of said road to pass said 
Turnpike gate and again enter on said road with intent to 
evade the toll aforesaid such person shall forfeit & pay 
three times so much as the legal toll would have been to 
be recovered by the Treasurer of said corporation, to the 
use of the same, in an action of debt, or on the case. 
Provided, that nothing in this Act shall extend to entitle 
the said Corporation to demand and rec[e]ive toll of any 
person, who shall be passing with his horse, or carriage, 
to or from public Worship, or with his horse, team, or 
cattle to or from his common labour on his farm, or to or 
from any grist mill, or on the common and ordinary busi- 
ness of family concerns, or from any person or persons 
passing on Military duty. 

Section 4th. And he it further enacted, that the 
shares in said Turnpike road, shall be deemed and con- 
sidered to be personal estate, to all intents and purposes, 
and shall and may be transferable : And the mode of 
transfering said shares shall be by deed, acknowledged 
before any Justice of the Peace, and recorded by the 
Clerk of said Corporation in a Book for that purpose to 
be provided and kept. And when any share shall be at- 
tached on mesne process or taken in execution, an attested 
copy of such writ of attachment or execution shall , at the 
time of the attachment or taking in execution, be left with 



Acts, 1802. — Chapter 34. 57 

the Clerk of the Corporation, otherwise the attachment 
or taking in execution, shall be void ; and such shares 
may be sold on execution in the same manner, as is or 
may by law be provided for making sale of personal prop- 
erty on execution ; the oflSlcer making the sale, or the 
Judgment creditor, leaving a copy of the execution, & 
the officers return on the same, with the Clerk of said 
Corporation, within fourteen days after such sale, & pay- 
ing for the recording of the same, shall be deemed and 
considered as a sufficient transfer of such share or shares 
in the said Turnpike road. 

Section 5th. And be it further enacted, that the first First meeting, 
meeting of the said corporation shall be held at the house 
of John M. Milliken, Inn-holder in said Scarborough on 
the first Monday in August next, at two O'Clock in the 
afternoon, for the purpose of choosing a Clerk who shall 
be sworn to the faithful discharge of the Duties of his said 
office, and such other officers as may then and there be 
agreed upon by the said Corporation. And the said Cor- Rules to be 
poration may then establish such rules & regulations, as ^^ " 
shall be judged necessary for the better management of its 
affairs. Provided, such regulations shall not be repug- 
nant to the Constitution & laws of the Commonwealth ; 
and the said Corporation may agree upon a method for 
calling future meetings. 

Section 6th. And he it further enacted^ that the said ^eco^stTAhe' 
Corporation shall within six Months after the said road is road and annual 

iiiT'io m / returns of re- 

compleated, lodge in the Secretary's office, an account of ceipts and dis- 
the expences thereof ; and that the Corporation shall an- be made. 
nually exhibit to the Governor and Council, a true ac- 
count of the income or dividend arising from the said toll, 
with their necessary annual disbursements on said road ; 
& that the Books of the said Corporation, shall at all times 
be subject to the inspection of a Committee, to be ap- 
pointed by the General Court, or to the inspection of the 
Governor & Council, when called for. 

Section 7th. And he it further enacted, that when- shares of 

. . 1 11 1 . !> J. J. delinquent 

ever any proprietor shall neglect or refuse to pay any tax proprietors 

or assessment, duly voted & agreed upon by the corpora 

tion, to their Treasurer, within sixty days after the time 

set for the payment thereof, the Treasurer of the said 

Corporation is hereby authorized to sell at public vendue, 

the share or shares of such delinquent proprietor to such 

an amount as shall be sufficient to discharge said taxes, 



to be sold. 



58 



Acts, 1802. — Chapter 35. 



Sign board to 
be erected. 



Corporation 
may be dia- 
Bolved when 
Indemnified, 
with interest, 
&c. 



& necessary incidental charges ; after duly notifying in 
the newspapers printed in Portland, the sum due on any 
such shares, & the time & place of sale, at least thirty 
days previous to the time of sale ; & such sale shall be a 
sufficient transfer of the share or shares so sold, to the 
person purchasing the same ; & on producing a Certificate 
of such sale, from the Treasurer to the Clerk of the said 
Corporation, the name of such person with the number 
of shares so sold, shall be by the Clerk, entered on the 
Books of the said Corporation, & such person shall be 
considered, to all intents and purposes, the proprietor 
thereof, & the overplus, if any there be, shall be paid on 
demand, by the Treasurer, to the person whose shares 
were then sold. 

Section 8. And be it further enacted, that the said 
Corporation shall, at all places where the said toll shall 
be collected, erect and keep constantly exposed to view, 
a sign or board, with the rates of toll, of all the tollable 
articles, fairly and legibly written thereon, in large or 
capital letters. 

Section 9. And he it further enacted, that the Gen- 
eral Court may dissolve said Corporation, whenever it 
shall appear to their satisfaction, that the income arising 
from the said toll shall have fully compensated the said 
corporation for all monies they have expended in purchas- 
ing, repairing & taking care of the said road, together 
with an interest thereon, at the rate of twelve per centum, 
by the year, and thereupon the property of the said road, 
shall be vested in this Commonwealth, and be at their dis- 
posal. Provided, that if the said Corporation shall neglect 
to complete the said turnpike road, for the space of four 
years from the passing of this act, the same shall be void 
and of no efiect. Approved June 24, 1802. 



Preamble. 



1802. — Chapter 35. 

[May SesBioD, ch. 35.] 

AN ACT TO AUTHORIZE GEORGE ULMER TO BUILD A TOLL 
BRIDGE AT LINCOLNVILLE IN THE COUNTY OF HANCOCK. 

Whereas a bridge, over the place called Duck Tra2), in 
the Town of Lincolnville, in the County of Hancock, 
tvould be of great public utility, and requires Legislative 
encouragement to enable the projectors to prosecute their 
undertaking to effect. 



Acts, 1802. — Chapter 35. 59 

Sec. 1. Be il enacted by the Senate, and House of 
Representatives^ in General Court assembled, and by the 
authority of the same, that George Ulmer together with Persons incor- 
thoye, who have, or may hereafter associate with him, be, p"''^''''^" 
and they are hereby authorized, to build and maintain a 
bridge, over, and at a place called Duck Trap, in the 
Town of Lincolnville, in the County of Hancock, and for 
that purpose, shall have all the powers, and privileges 
incident to corporations for building bridges, by the name, Corponue 
and style of The Proprietors of the Duck Trap Bridge, "'""*'• 
and by that name may sue, and be sued, defend and be 
defended, prosecute, and be prosecuted to final judgment, 
and execution, and do and suffer all such matters and 
things as bodies politic may or ought to do and suffer. 

Sect. 2. And be it further enacted, that the said bridge DimenBions and 
shall be well built of suitable materials, at least twenty "ridgef&c^/ 
feet wide, with sufficient rails on each side, and with plank- 
ing, or boarding three feet high, from the floor of said 
bridge for the safety of passengers, and the whole shall be 
kept in good, safe, and passable repair: And if the said kJpunrepair 
proprietors shall unreasonably neglect to keep the said 
bridge in good repair, as aforesaid, on such neglect being- 
made to appear to the Court of General sessions of the 
peace for the County of Hancock, it shall be in the power 
of the said Court, to prohibit the proprietors aforesaid, 
from receiving toll from any person or persons, passing 
the said bridge, until it is by them put into such repair, 
as shall be deemed sufficient by the said Court : And the 
said proprietors, shall be liable to pay all damages, which 
may happen to any person, from whom the toll is demand- 
able, for any damage which shall come, from any defect, 
or want of repair in the said bridge, upon a presentment 
of the Grand Jury of the said County. 

Sec. 3. And be it further enacted, that for the reim- ToUestab- 
l)ursing to the said George Ulmer, and his associates, the 
monies they may expend in building the said bridge, and 
keeping the same in repair, a Toll is hereby granted, and 
established for the sole benefit of the said George Ulmer, 
and his associates according to the following rates, viz: 
For each foot passenger three cents ; for each Man and 
Horse ten cents, for each horse, and chaise, sulkey, or 
riding chair twenty cents ; for each sleigh, or sled, waggon, 
or cart, drawn by one beast twelve and an half cents, for 
each sleigh, sled, Avaggon, or cart drawn by two beasts 



60 



Acts, 1802. — Chapter 35. 



A statement of 
the cost of the 
bridge, and tri- 
ennial returns 
of the receipts & 
disbursements, 
to be made. 



Exemptions 
from toll. 



Act to be void 
if bridge is not 
built within 
4 years. 



fifteen cents, and if drawn by more than two beasts, an 
additional sum of three cents for each l)east ; for neat 
cattle, singly, or in droves two cents each, and for sheep, 
or swine one cent each, and to each team, one person and 
no more, shall be allowed as a driver, to pass free from 
toll, and at all times when the toll gatherer shall not at- 
tend his duty the passenger or carriage may pass free of 
toll : And the said toll shall commence on the day of 
opening the said bridge for passengers, and shall continue 
for and during the term of forty Years, at the end of 
which time, the said bridge shall be delivered up in good 
repair, to be at the disposal of the Legislature : Provided 
always, that at the time of opening the said bridge, the 
proprietors and their successors, shall cause a true and 
just Account of the expences thereof, and also at the end 
of every three years afterwards, a just and true account 
of their receipts and disbursments, to be deposited in the 
office of the Secretary of this Commonwealth, and that 
when ten Years have elapsed from the date of this act, the 
Legislature may regulate anew, the rates of toll receivable 
at the said Bridge : And the said proprietors shall con- 
stantly keep in a conspicuous place, and fairly exposed to 
view a sign or board with the rates of toll, of all the toll- 
able articles, legibly written thereon in large, or capital 
Characters : Provided however, that the said toll may be 
commuted with any corporation, person or persons, by 
taking of him or them, a certain sum annually, as may be 
mutually agreed on, in lieu of the toll aforesaid. 

Sec. 4. And be it further enacted, that nothing in this 
Act shall extend, to entitle the said proprietors to demand 
or receive toll of any person, who shall be passing with 
his horse or carriage, to or from public worship, on the 
Lords day ; or with his horse, team, or cattle, to or from 
his common labour on his farm, or to or from any Grist 
mill, or on the common, and ordinary business of his 
family concerns, or from any person or persons passing 
on military duty, or in going to, or returning from 
Schools, or town meetings. 

Sec. 5. And be it further enacted, that if the said 
George Ulmer and his associates, shall neglect or refuse, 
for the space of four Years, to build the said bridge, then 
this Act shall be void, and of no effect. 

Approved June 24, 1802. 



Acts, 1802. — Chapter 36. 61 



1803. — Chapter 36. 

[May SesBion, ch. 36.] 

AN ACT TO ESTABLISH THE KENNEBECK AND PENOBSCOT TURN- 
PIKE CORPORATION. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority/ of the same. That Henry Knox, David Cobb, Persons 
Jonathan H. Brown, John Lee, Caleb Brooks Hall, Daniel 
Buck, Jotham Moulton, Asa Peabody, Stephen Peabody, 
Thomas S. Sparhawk, John Benson, Stephen Badger, 
Joseph Lee, James Ginn, Daniel Ginn, Joshua Ginn, 
Samuel Keys junr., Jonathan Buck, Benjamin Buck and 
Samuel Lee, together with such others as may hereafter 
associate with them, and their successors be, and they are 
hereby constituted a Corporation, by the name of The first corporate 
Maine Turnpike Corporation ; and shall by that name sue 
and be sued, and shall have a common seal, and use and 
exercise all the powers and priviledges which are herein 



incorporated 



after mentioned for the purpose of laying out and mak- ^"d'^'cnmen! 
ing a turnpike road from Harriman's ferry in the town of sions, &c. 
Prospect on Penobscot river to the Kennebeck bridge in 
Augusta, and for making and keeping the same in repair 
which road shall not be less than four rods wide, and the 
path to be travelled in, not less than twenty two feet wide 
in any place ; and that when the said turnpike road shall 
be sufficient [Z]y made and approved of by a Committee 
appointed by the Court of General Sessions of the Peace 
for each of the Counties of Kennebeck and Hancock for 
that purpose, {jwovided that no member of either of said 
Committes shall have any share or interest in the said 
Turnpike, and shall judge only of the portion of said turn- 
pike in the Counties in which they reside) then the said 
Turnpike Corporation shall be authorized to erect turn- 
pike gates on the said road at such places as the said 
Committee of the said Court of Sessions, and the said 
Corporation shall judge necessary and convenient for col- 
lecting the toll; the said gates to be not less than ten f^g'/fl^^^jjo 
miles distance from each other ; and shall be entitled to miies diBtance 
receive of each traveller or passenger at each of the said other, 
gates, the following rates of toll, viz. For each coach, Jl"""^^^'"''' 
phaeton, chariot or other four wheeled carriage, drawn by 
two horses twenty five cents ; and if drawn by more than 



62 



Acts, 1802. — Chapter 36. 



Corporation 
allowed to 
hold land. 



Persons whose 
land may be 
taken to be 
compensated. 



Penalty for 
delaying pas- 
sengera or ex- 
acting illegal 
toll. 



two horses, an additional sum of four cents for each horse ; 
for every cart or waggon drawn by two horses or oxen 
ten cents, and if drawn by more than two oxen or horses 
an additional sum of three cents for each ox or horse ; for 
every curricle fifteen cents ; for every chaise, chair or 
other carriage, drawn by one horse, twelve cents ; for 
every man and horse six cents ; for every sled or sleigh 
drawn by two oxen or horses eight cents ; and if drawn by 
more than two oxen or horses, an additional sum of two 
cents for each ox or horse ; for every sled or sleigh drawn 
by one horse, four cents ; for all horses, mules, oxen or 
neat cattle led or driven, besides those in teams or car- 
riages, one cent each; for all sheep or swine at the rate 
of three cents for one dozen : Provided that said Corpo- 
ration may, if they see cause, commute the rate of toll with 
any Corporation, person or persons, by taking of him or 
them a certain sum annually, to be mutually agreed on in 
lieu of the toll aforesaid. 

Sec. 2d. And he it further enacted. That the said Cor- 
poration may purchase and hold land over which they may 
make said road ; and the Justices of the Court of General 
Sessions of the Peace in the Counties of Kennebeck and 
Hancock, are hereby authorized, on application of the said 
Corporation, to lay out the said road, or any part thereof, 
within the said Counties of Kennebeck and Hancock, as 
with the consent of the said Corporation, they shall think 
proper. And the said Corporation shall be liable to pay 
all damages, that shall arise to any person, by taking his 
land for such road, where the same cannot be ol)tained by 
voluntary agreement, to be estimated by a Committee ap- 
pointed by the Court of General Sessions of the Peace of 
the County wherein the said land lieth, saving to either 
party, the right of trial l)y Jury, according to the law 
which makes provision for the recovery of damages arising 
from the laying out of highways. 

Sec. 3d. And he it further enacted. That if the said 
Corporation, or their toll gatherers, or others in their em- 
ploy, shall unreasonably delay or hinder any traveller or 
passenger at either of the said gates, or shall demand or re- 
ceive more toll than is by this Act established, the Corpo- 
ration shall forfeit and pay, a sum not exceeding ten dol- 
lars, nor less than two dollars to be recovered before any 
Justice of the Peace of the County where the offence shall 
be committed, by any person injured, delayed or defrauded, 



Acts, 1802. ^ Chapter 36. 63 

in a special action of the case ; the writ in which shall be 
served on the said Corporation, by leaving a copy of the 
same with the Treasurer, or with some individual member 
living in the County where the action may be brought, or 
by reading the same to the said Treasurer or individual 
member, at least seven days before the trial. And the 
Treasurer of the said Corporation or individual member, 
shall be allowed to defend the same suit in behalf of the 
said Corporation. And the said Corporation shall be lia- corporation 
ble to pay all damages that shall happen to any person damales^by 
from whom the toll is demandable, for any damage which bridgls or 
shall arise from defect of bridges, or want of repairs in ^oad. 
said way ; and shall also be liable to presentment by the 
Grand Jury, for not keeping the same in good repair. 

Sec. 4th. And be it further enacted, That if any per- Penalty for 
son shall cut, break down, or otherwise injure or destroy ga''te"of rold, 
either of the said turnpike gates, or shall dig up or carry forclwy to'"^ 
away any earth from the said road, or in any manner ^ay^m^nt^""* 
damage the same or shall forceably pass, or attempt to pass 
the said gates by force, without having first paid the legal 
toll at such gate, such person shall forfeit and pay a fine, 
not exceeding ten Dollars nor less than five dollars, to be 
recovered by the Treasurer of the said Corporation, to their 
use, in an action of trespass or on the case. And if any 
person with his team, cattle or horse, turn out of said 
road, to pass any of the turnpike gates, and again enter 
on the said road, with intent to evade the toll due by vir- 
tue of this act, such person shall forfeit and pay three 
times so much as the legal toll would have been, to be re- 
covered by the Treasurer of the said Corporation, to the 
use of the same, in an action of debt, or on the case. 
Provided that nothing in this act shall extend to entitle Exemptions 
the said Corporation to demand and receive toll of any ^'■°™'° 
person, who shall be passing with his horse or carriage, 
to or from public worship, or with his horse, team or cat- 
tle, to or from his common labour on his farm, or to or 
from any grist mill, or on the common and ordinary busi- 
ness of family concerns ; or from any person or persons 
passing on military duty. 

Sec. 5tii. And he it further enacted. That the shares shares deemed 

• ,i , •! iiniii 1 1 1 personal estate: 

m the same turnpike road, shall be taken deemed and mode of trans- 
considered to be personal estate to all intents and pur- ^en^t"^ ""''*'^' 
poses, and shall and may be transferable ; and the mode 
of transfering said shares, shall be by deed acknowledged 



64 



Acts, 1802. — Chapter 36. 



First meeting; 
rules to be 
established. 



A statement of 
the cost of the 
bridge, and 
annual returns 
of the receipts 
and disburse- 
ments, to be 
made. 



Shares of de- 
linquent pro- 
prietors to be 
sold. 



before any Justice of the Peace, and recorded by the 
Clerk of the said Corporation, in a book for that purpose 
to be provided and kept. And when any share shall 
be attached on mesne process, or taken in execution, an 
attested copy of such writ of attachment, or execution, 
shall at the time of the attachment, or taking in execution 
be left with the Clerk of the Corporation, otherwise the 
attachment, or taking in execution shall be void ; and 
such shares may be sold on execution, in the same man- 
ner as is, or may by law be provided for making sale of 
personal property on execution. And the Officer making 
the sale, or the judgment creditor, leaving a copy of the 
execution and the officer's return on the same, with the 
Clerk of said Corporation within fourteen days after such 
sale, and paying for the recording of the same, shall be 
deemed and considered as a sufficient transfer of such 
share or shares in the said turnpike road. 

Sec. 6th. A7id be it further enacted, That the first 
meeting of the said Corporation shall be held at such time 
and place as shall be agreed on by the major part of the 
proprietors, for the purpose of choosing a Clerk, who shall 
l)e sworn to the faithful discharge of the duties of his said 
office, and such other officers as may then and there be 
agreed upon by the said Corporation. And the said Cor- 
poration may at the same time establish such rules and 
regulations as shall be judged necessary, for the well or- 
dering of its affiiirs ; and also to agree upon a method for 
calling future meetings. Provided however, that such 
rules and regulations shall in no case be repugnant to the 
Constitution and laws of this Commonwealth. 

Sec. 7th. And be it further enacted, That the said 
Corporation shall within six months after the said road is 
completed, lodge in the Secretary's office an account of 
the expenses thereof; and that the said Corporation shall 
annually exhibit to the Governor and Council, a true ac- 
count of the income or dividend arising from the said toll, 
with their necessary annual disbursements on said road ; 
and that the books of the said Corporation, shall at all 
times be subject to the inspection of a Committee to be 
appointed by the General Court, or to the inspection of 
the Governor and Council, when called for. 

Sec. Sth. And be it further enacted. That whenever 
any proprietor shall neglect or refuse to pay any tax or 
assessment duly voted and agreed upon by the Corpora- 



Acts, 1802. — Chapter 36. 65 

tion, to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of the said 
Corporation is hereby authorized to sell at public vendue 
the share or shares of such delinquent proprietor, one or 
more as shall be sufficient to defray the said taxes and 
necessary incidental charges, after duly notifying in the 
newspaper printed at Hallowell, and in that printed at 
Castine ; and in case there shall be no newspaper printed 
in those places at the time, then in the newspaper at such 
place as shall be the nighest to the said turnpike road, 
the sum due on any such shares, and the time and place 
of sale, at least thirty days previous to the time of sale, 
and such sale shall be a sufficient transfer of the share or 
shares so sold, to the person purchasing the same ; and on 
producing a certificate of such sale from the Treasurer, to 
the Clerk of the said Corporation, the name of such pur- 
chaser, with the number of shares so sold, shall be by the 
Clerk entered on the books of the said Corporation, and 
such person shall be considered to all intents and pur- 
poses the proprietor thereof; and the overplus, if any 
there be, shall be paid on demand, by the Treasurer, to 
the person whose shares were then sold. 

Sec. 9. A7id be it further enacted, That the said Cor- sign board to 
poration shall at all places where the said toll shall be 
collected, erect and keep constantly exposed to view, a 
sign or board, with the rates of toll of all the tollable 
articles fairly & legibly written thereon in large or cap- 
ital characters. 

Sec. 10. And he it further enacted. That the General ^"'Pbe^dls" 
Court may dissolve the said Corporation, whenever it solved when 
shall appear to their satisfaction, that the income arising with interest, 
from the said toll, shall have fully compensated the said **^' 
Corporation for all monies they may have expended in 
purchasing, repairing and taking care of the said road 
together with an interest thereon at the rate of twelve per 
cent by the year, and thereupon the property of the said 
road shall be vested in this Commonwealth, and be at 
their disposal. Provided, that if the said Corporation 
shall neglect to complete the said turnpike road for the 
space of seven years from the passing of this Act, the 
same shall be void and of no effect. 

Approved June 24, 1802. 



66 



Acts, 1802. — Chapter 37. 



Treasurer to 
pay one-flfth 
of the debt. 



New notes to 
be Issued for 
balance. 



Funds to be 

used. 



Money may be 
borrowed of the 
Union fiank. 



1803. — Chapter 37. 

[May Session, ch. 37.] 

AN ACT MAKING PROVISION FOR THE PAYMENT OF PART OF 
THE STATE DEBT. 

Sec. 1. Be it enacted hy the Senate <& House of 
Representatives in General Court assembled^ and by the 
authority of the same. That the Treasurer of this Com- 
monwealth be, and he hereby is directed and impowered 
to pay, on the first day of January next, one fifth part of 
the Debt due from this Commonwealth on Notes issued in 
conformity to an Act passed February first, 1794, entitled, 
" An Act to provide for the debt of the Commonwealth," 
in addition to the interest which shall then have accrued 
thereon. 

Sec. 2. Be it further enacted. That the Treasurer shall 
issue new Notes to the several holders of the Notes afore- 
said for the balance which shall be due to them, after de- 
ducting and paying oflT One fifth part as aforesaid. And 
the one fifth part of the State Debt as aforesaid, shall 
cease to bear interest after the first day of January 
next. 

Sec. 3. Be it further enacted, That all the money 
now in the hands of the Treasurer, or which may here- 
after come into his hands, be appropriated to the purposes 
aforesaid, excepting such sums as may be necessary for 
defraying the expences of Government, and such as have 
been, or may be otherwise appropriated by Law. 

Sec. 4. And be it further enacted, That the Treas- 
urer of the Commonwealth be, and he hereby is authorized 
and directed to borrow of the President and Directors 
of the Union Bank any sum not exceeding One hundred 
thousand Dollars, that may, at any time, be necessary for 
carrying into effect the purposes of this Act, and for en- 
abling the Commissioners of the sinking Fund, to perform 
the duties assigned them by Law, in regard to the Debt 
of this Commonwealth ; — And to repay the sum he may 
borrow as soon as money sufficient for that purpose shall 
be received into the Treasury and not otherwise appro- 
priated. 

Sec. 5. And be it further enacted. That the Note 
to be given by the Treasurer, — be of the form following, 
vizi. 



Acts, 1802. — Chapter 38. 67 



Commonwealth of Massachusetts. 

No.[ ] _ 18 ^oT"'"'" 

Be it known, that there is due from the Commonwealth 
of Massachusetts unto or Bearer, the sum of 

Dollars Cents, Bearing interest at five per 

Centum per annum, from the first day of January eighteen 
hundred and three, inclusively, payable half yearly, and 
subject to redemption by payment of said sum or any part 
thereof, whenever provision shall be made therefor by 
Law. 

Dollars Cents. 

Approved June 24, 1802. 

1803. — Chapter 38. 

[May Beseion, ch. 38.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO ES- 
TABLISH THE FOURTEENTH MASSACHUSETTS TURNPIKE COR- 
PORATION." 

Sec 1. Be it enacted by the Senate and House of Rep- 
1'esentatives in General Court assembled and by the au- 
thority of the same, That when the bridges across Deerfield Hg**hed*at^tiie 
river, which are mentioned in the Act aforesaid, shall be bridges. 
built and approved by the Committee provided by said 
Act to approve the road therein mentioned, then the 
said Turnpike Corporation may erect a gate at each of 
said bridges, for collecting toll, and shall be entitled to 
receive of each traveller or passenger, at each of said gates 
the following rates of toll, viz — For each coach, phaeton 
or charriot, or other four wheeled carriage drawn by two 
horses, sixteen cents, and if drawn by more than two 
horses, an additional sum of three cents for each horse ; 
for every cart or waggon drawn by two horses or oxen, 
eight cents, and if drawn by more than two horses or oxen, 
an additional sum of two cents for each ox or horse ; for 
every curricle ten cents ; for every chaise, chair or other 
carriage drawn by one horse eight cents, for every man 
and horse three cents ; for every sled or sleigh drawn by 
two horses or oxen six cents, and if drawn by more than 
two oxen or horses an additional sum of two cents for 
each horse or ox ; for every sled or sleigh drawn by one 
horse five cents ; for each foot passenger one cent ; for 
all horses, mules, oxen or neat cattle led or driven, be- 



68 



Acts, 1802. — Chapter 39. 



Provision 
respecling 
exemptions 



New direction 
respecting a 



sides those in teams and carriages, one cent each ; and for 
all sheep or swine at the rate of three cents for one dozen. 

Sec. 2d. Be it further' enacted, That the exemptions 
provided by the fourth section of the Act aforesaid, shall 
not extend to exempt any person from the payment of 
toll at the gates which may be erected at the bridges 
aforesaid. 

Sec. 3d. Be it further enacted. That so much of the 
part of the road, first scction of the Act aforcsaid, as requires that a part 
of said road shall be laid out and made in a direct line 
from Green river, so called, to the south side of the dwell- 
ing house of Solomon Smead esqr be, and hereby is re- 
pealed ; and that part of the road aforesaid, shall be laid 
out and made so as to pass by the most convenient rout 
from Green river aforesaid, between the barn and the 
aforesaid dwelling house of Solomon Smead esqr. 

Approved June 24, 1802. 



Times of liold- 
ing sessions 
altered. 



Reference of 
actions, suits, 
appeals, &c. 



1803. — Chapter 39. 

[January Session, oh. 1.] 

AN ACT FOR ALTERING THE TIMES OF HOLDING THE NEXT 
SESSIONS OF THE SUPREME JUDICIAL COURT FOR THE 
COUNTIES OF NORFOLK AND SUFFOLK. 

Sec 1st. Be it Enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the Same, That the next Session of the Su- 
preme Judicial Court, which by law is to be holden at 
Boston, within and for the County of Suffolk, on the sec- 
ond tuesday of February next, shall be holden at the same 
place on the last Tuesday of February next ; and that the 
Session of the Supreme Judicial Court which by Law is to 
be holden at Dedham, within & for the County of Nor- 
folk, on the first Tuesday of February next, shall be 
holden at the same place on the last tuesday of March 
next. 

Sec 2nd. Be it further Enacted That all actions, 
suits, processes, appeals and recognizances already com- 
menced, sued out or made, or that may hereafter be com- 
menced, sued out, or made returnable to either of the 
Courts aforesaid, on the said first Tuesday of february, 
and on the second tuesday of february, and all Actions, 
suits, processes, recognizances and prosecutions of every 
kind now pending, or that may be pending, before either 



Acts, 1802. — Chapter 40. 69 

of the said Courts, which before the passing of this Act 
were to have been holden on the said first tuesday of 
february and second tuesday of february, shall be re- 
turnable to, entered, made and proceeded upon, prose- 
cuted, tried and determined, agreeably to the true intent 
of such Actions, writs, suits, processes, appeals, recogni- 
zances & prosecutions, to be holden by Virtue of this Act 
at said Boston & Dedham respectively, on the days pro- 
vided in and by this Act. Approved January 28, 1803. 

1803. — Chapter 40. 

[January Session, ch. 2.] 

AN ACT IN ADDITION TO THE ACT, PASSED IN THE YEAR OF 
OUR LORD, ONE THOUSAND SEVEN HUNDRED AND NINETY- 
TWO, ENTITLED " AN ACT TO ESTABLISH A CORPORATION 
BY THE NAME OF THE TRUSTEES OF THE MARBLEHEAD 
ACADEMY." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same. That the corporation, called The Trustees of the Trustees may 
Marblehead Academy, may consist of twenty members, twenty mem- 
exclusive of the Preceptor of the Academy, any thing in ^^"• 
the Act to establish that Corporation notwithstanding ; and 
the said Trustees, and their successors, from time to time, 
as they shall see cause, in any meeting duly convened 
for the purpose, may elect other Trustees, not exceeding 
that number in the whole. 

And be it further enacted. That the said Trustees, and ?''''^*'/®f f^? 
their successors, in any meeting, duly convened for the 
purpose, may dismiss from their Corporation any mem- 
ber, who, by a change of residence or otherwise, shall 
become, in the opinion of the majority of the Trustees 
for the time being, disqualified for the trust, and shall 
thereupon elect in his place another Trustee. 

And be it further enacted. That the proceedings of the The election of 
Trustees of the Marblehead Academy in the election of confirmS"''""' 
the Revd. James Bowers, Revd. Samuel Dana, Doctor 
John Drury, Captain Joseph Wilson, Captain Robert 
Hooper, jun. and Captain William Hooper, to be Trustees 
and members of that Corporation, shall be, and are hereby 
confirmed and rendered valid, any thing which may be 
supposed to the contrary hereof in the act aforesaid not- 
withstanding. Approved January 31, 1803. 



70 Acts, 1802. — Chapters 41, 42. 



1803. — Chapter 41. 

[January Session, ch. 3.] 

AN ACT TO SET OFF A CERTAIN PARCEL OF LAND FROM THE 
TOWN OF PEPPERRELL, IN THE COUNTY OF MIDDLESEX, AND 
TO ANNEX THE SAME TO THE TOWN OF GROTON, IN THE 
SAME COUNTY. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the Authority 
of the same. That a certain Tract of Land, bounded, be- 
ginning at the end of a Wall by the road leading by Zacha- 
riah Fitch's, in said Groton ; thence running Easterly, by 
land of Jonas Fitch, to the Nashua River, (so called;) 
thence up said River to said road, near the bridge over 
the same River ; thence, bounding by the same Road, to 
the bounds first mentioned, containing Four Acres and 
twenty rods, be, and hereby is set off from said Town of 
Pepperrell and annexed to said Town of Groton forever. 

Approved February 3, 1803. 

1802. — Chapter 43. 

[January Session, ch. 4.] 

AN ACT TO INCORPORATE THE OWNERS OF CERTAIN LANDS 
IN THE TOWN OF LONGMEADOW, IN THE COUNTY OF HAMP- 
SHIRE, FOR THE PURPOSE OF MANAGING THE SAME AS A 
COMMON AND GENERAL FIELD. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Boundaries of authority of the same. That all that tract of land lying in 
rated .°*'°'^''° the towu of Lougmcadow, included within the following 
bounds, be, and hereby is made a common and general 
field, to wit, beginning on Connecticut river, near the 
north end of said town, at the mouth of the brook called 
Cooley's Brook ; from thence running eastwardly on said 
brook to the west end of the enclosures called The Ponds ; 
thence southwardly in the line of the fence on the west 
end of those enclosures called The Ponds, Muxmeadows 
and Necessities, to the foot of the hill on the south end 
of the general field ; thence westwardly by the foot of 
gaid hill to Connecticut river ; and the proprietors of the 
said lands, lying within the said bounds, their heirs and 
assigns be, and they are hereby incorporated, and in- 
vested with all the powers and priviledges with which the 
proprietors of common and general fields are invested. 



Acts, 1802. — Chapters 43, 44. 71 

Sec. 2d. And be it further enacted. That an Act Former act 
passed the twenty-third day of February, One thousand ^^^^^^ ' 
seven hundred and ninety eight, entitled " An Act for in- 
corporating the owners of certain lands in Longmeadow, 
in the County of Hampshire, for the purpose of managing 
the same as a common and general field," be, and the same 
is hereby repealed. Approved February 5, 1803. 

1803. — Chapter 43. 

[January Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT ENTITLED «'AN ACT TO IN- 
CORPORATE A NUMBER OF INHABITANTS OF THE TOWN OF 
SANDISFIELD, IN THE COUNTY OF BERKSHIRE, INTO AN 
EPISCOPAL SOCIETY." 

£e it Enacted by the Senate & House of Representa- 
tives, in General Court assembled, & by the authority of the 
same. That any person belonging to the Towns of New 
Marlborough and Tyringham, and the districts of South- 
field and Bethelehem, and the town of Loudon, in the 
County of Berkshire, being of the Episcopal Denomina- 
tion, and who shall unite in Religious Worship with said 
Society, and shall leave a Certificate signed by the Minis- 
ter or clerk thereof, with the Clerk of the Religious 
Society to which he belongs, fourteen days previous to 
the Annual Meeting of said Religious Society, to be holden 
in the months of March or April, that he or She has ac- 
tually become a Member of, and united with said Episco- 
pal Society, such person shall, from & after giving such 
Certificate, be considered, together with his or her polls 
& estate, as belonging to said Episcopal Society ; Pro- 
vided however. That such person shall pay his or her pro- 
portion of ail monies that shall have been previously Voted 
in the Society to which he or she belongs. 

Approved February 3, 1803. 



1803. — Chapter 44. 

[January Session, ch. 6.] 

AN ACT TO INCORPORATE OLIVER WENDELL AND OTHERS, 
TOGETHER WITH THE OVERSEERS OF THE POOR OF THE 
TOWN OF BOSTON, FOR THE TIME BEING, BY THE NAME AND 
TITLE OF THE TRUSTEES OF JOHN BOYLSTON'S CHARITABLE 
DONATIONS, FOR THE BENEFIT AND SUPPORT OF AGED POOR 
PERSONS AND OF ORPHANS AND DESERTED CHILDREN. 

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



72 



Acts, 1802. — Chapter 44. 



Persons incor- 
porated. 



Corporate 
name. 



This act, and 
the clauses of 
the will of John 
Boylston gov- 
erning the dona- 
tions, to form 
part of the cor- 
poration rec- 
ords. 



Amount of real 
and personal 
estate which 
may be held. 



authority of the same^ that Oliver Wendell, William 
Cooper, Ebenezer Storer and William Smith, all of Bos- 
ton, and John Pitts of Tyngsborough , in the County of 
Middlesex, Esqrs. and the survivers and surviver of them ; 
together with the Overseers of the poor of the town of 
Boston, for the time being, and their successors ; and 
after the decease of the said Oliver Wendell, William 
Cooper, Ebenezer Storer, William Smith and John Pitts, 
the said Overseers of the poor of the town of Boston, for 
the time being, and their successors forever be, and they 
hereby are incorporated into a body politic by the name 
and title of The Trustees of John Boylston's charitable 
donations for the benefit and support of aged poor per- 
sons, and of orphans & deserted children, and by that 
name and title shall have perpetual succession. 

Sec. 2d. And be it further enacted. That all the be- 
quests, devises and donations made and granted by John 
Boylston, late of Bath, in the kingdom of Great Britain, 
deceased, for the purposes above mentioned be, and they 
hereby are vested in the said Corporation, to be held and 
disposed of by them conformably to the directions of the 
said Will. And the said Corporation shall insert among 
their records a copy of this act ; and also of all the clauses 
of the said last will and testament which have relation to 
the said two several charitable donations for the benefit 
of aged poor persons, and for the support of orphans and 
deserted children ; and in the management and disposal 
of the funds granted in said Will, the said Corporation 
shall conform to and be governed by the directions therein 
contained. 

Sec. 3d. Andhe it further enacted, That the said Cor- 
poration shall have a perpetual succession, by the name 
and title aforesaid, to sue or be impleaded ; to purchase 
and hold lands or other real estate, not exceeding the 
value of three thousand dollars by the year ; to hold per- 
sonal estate not exceeding the value of sixty thousand 
dollars ; and to manage, lease, bargain and sell, or other- 
wise dispose of, all or any part thereof, subject to the 
directions of the said will ; and to do all acts as natural 
persons may do, as the said Corporation from time to 
time shall judge best to carry into effect the charitable in- 
tentions of the said will. And the real or personal estate 
which the said Corporation are hereby empowered to hold, 
shall not be considered as part of that which the Overseers 



Acts, 1802. — Chapter 45. 73 

of the poor of the town of Bo8ton are already empowered 
by their former act of incorporation to hold, bat as al- 
together distinct and separate from the same. 

Sec. 4. Be it further enacted. That the said Corpora- Byeiawemay 
tion shall have a common seal, with power to break and officers choeen. 
alter the same ; and said Corporation is hereby authorized 
to make bye-laws and private statutes and ordinances not 
repugnant to the laws of the land, for the better govern- 
ment of said Corporation and its finances ; to chuse a 
Treasurer, Clerk and other subordinate Officers, as from 
time to time shall be found necessary, and all or any of 
them again at pleasure to displace. 

Sec. 5. And he it further enacted, That all instru- corporate acts 
ments which said Corporation shall lawfully make by the in law. 
name aforesaid, and sealed with their common seal ; and 
all acts done, or matters passed upon by the consent of a 
major part of the members of said Corporation, shall bind 
the said Corporation, and be valid in law. 

Approved February 3, 1803. 

1803. — Chapter 45. 

[January SeBsion, ch. 7.] 

AN ACT TO AUTHORIZE THE JUSTICES OF THE COURT OF SES- 
SIONS FOR THE COUNTY OF SUFFOLK TO PURCHASE A LOT OF 
LAND WHEREON TO BUILD A NEW COURT HOUSE. 

Section 1 st. Be it enacted by the Senate & House of 
Representatives, in General Court Assembled, & by the 
Authority of the same, that the Justices of the Court of pu°g*i,a°g''j®. 
General Sessions of the Peace for the County of Suffolk, 
be, & they are hereby authorized & impowered to pur- 
chase, or cause to be purchased, a suitable spot of Land, 
contiguous to the Land now belonging to the said County 
in Boston, on which the County buildings now stand, con- 
venient to erect a new Court House thereon. 

Sect. 2d. And be it further enacted, that Shearjashub fg^^X"* 
Bourn, William Donnison, William Sherburne, & Charles 
Bulfinch, esquires, be, & hereby are appointed Agents, 
with full i)owers to make the said purchase in the name & 
behalf of the said County of Suffolk. 

Approved February 5, 1803. 



74 



Acts, 1802. — Chapter 46. 



1803.— Chapter 46. 

[January Session, ch. 8.] 

AN ACT TO DIRECT THE ASSESSMENT AND COLLECTION OF 
TAXES ON THE PEWS IN THE MEETING-HOUSE OF THE FIRST 
PARISH IN THE TOWN OF BIDDEFORD, FOR THE REPAIRS OF 
SAID HOUSE; AND ALSO FOR MAKING SALE OF THE VACANT 
SPACES FOR PEWS IN SAID HOUSE FOR THE SAME PURPOSE. 

Sec. 1st. Be it enacted hy the Senate, and House of 
Representatives, in General Court assembled, and by the 
Pewsmaybe authority of the same. That it shall and may be lawful for 
threxpences^Jf tliG Assessors of the first parish in Biddeford for the time 
mreUngioMe. being, who shall be duly sworn to the faithful discharge 
of their trust, and they are hereby empowered to assess 
the several pews which are now, or which may be here- 
after added in the meeting-house of the said first parish, 
and their several parts & proportions, according to the 
just value the said Assessors shall set the said pews at, of 
all such sums of money as the said parish shall vote to 
raise, and appropriate for the payment of the labour and 
materials that have been expended in repairing the said 
house since the first day of January, in the year of our 
Lord eighteen hundred ; and also for such further sums as 
the said parish shall vote, necessary to complete the re- 
pairs already commenced, after having expended what 
money they shall have raised from the sales of the spaces 
for the new ones aforesaid. And in case, at any future 
period, the said house shall want repairs, the Assessors 
aforesaid may assess all the pews in manner aforesaid, 
such sums of money, for the repairs thereof, as the said 
parish shall vote to be raised for that purpose ; and the 
assessments thus made, shall be committed to the Col- 
lector of the parish, with directions to collect and pay the 
same to the Treasurer of the parish, in ninety days after 
said assessment shall be committed to him. 

Sec 2d. And be it further enacted, That it shall and 
may be lawful for the freeholders of the said parish, at any 
parish meeting, duly warned for the purpose, to sell, at 
public vendue, to the highest bidder, any or all the vacant 
spaces for pews in the said meeting-house ; and the mon- 
ies, so raised upon the sales thereof, shall be paid into the 
Treasury of said parish for the purpose of repairing the 
said house, and incidental charges of sales. 



The vacant 
spaces for pews 
to be sold. 



Acts, 1802. — Chapter 46. ^ 75 

Sec. 3d. And be it further enacted, That the parish f^cc'^ounuo be 
Treasurer shall keep an account, seperate and distinct ^ept, 
from other parish money, of the sums thus received, and 
the manner in which they are expended ; and shall have 
the same power to enforce the payment of the sums from 
the said Collector as is by law provided for collecting 
other parish taxes. 

Sec. 4th. And be it further enacted, That if the owner Pews of deiin- 
or proprietor of a pew shall refuse or neglect to pay the soid!*^ *° ^^ 
sum assessed thereon, as aforesaid, for the space of thirty 
days after notice of the assessment shall have been posted 
up on the door of the said house, and at one other public 
place in each parish in the said town, it shall be lawful for 
the said Collector to sell said pew at public vendue, to 
the highest bidder, first giving fifteen days notice of the 
time and place of sale, by posting up notifications thereof 
at the said meeting-house door, & at one other public 
place in each parish in the said town ; and the overplus 
sum, besides the taxes and necessary charges of notifying 
and selling, he shall pay over to the former owner or pro- 
prietor, if known & residing in the said town, in ten days 
after the sale ; but if the proprietor be unknown, or a 
nonresident of said town, he may, within ten days next 
after the sale, pay over the overplus to the parish Treas- 
urer, for the use of the former proprietor of the pew. 

Sec. 5th. A7id be it further enacted, That the mode Transfer of 
of transfering pews sold by the Collector for the non- payment of"*^ 
payment of taxes, as aforesaid, shall be by deed, under '^^*'*" 
hand and seal, and acknowledged before a Justice of the 
Peace, and a record of the same deed thus made, in the 
records of the parish, by the Clerk thereof, within six 
months after passing the same, or a copy thereof, certified 
by the Clerk of the said parish, shall be evidence of the 
transfer as well as of the original thus recorded, ^ro- pcwb may be 
vided always, that if the former proprietor of a pew thus 
sold or transferred, shall, within one year from the time 
of sale at vendue as aforesaid, tender and pay to the pur- 
chaser, or to his assignee in case of assignment, the true 
sum said pew sold for, with an addition of twelve per 
cent, it shall be the duty of the purchaser or assignee to 
reconvey the same, and upon his refusing thus to do, said 
proprietor may have the like remedy for obtaining the 
title & possession of the same pew, as mortgagors of real- 
estate now have in the Courts of this Commonwealth. 



76 



Acts, 1802. — Chapter 47. 



Deeds of pews 
to be recorded. 



And the mode of selling the vacant spaces for pews in the 
said meeting house, shall be by vote by the parish, 
in any parish meeting duly warned for the purpose, and a 
record thereof made by the Clerk, shall be full evidence 
of the sale. And it shall be the duty of the Clerk of the 
said parish, upon payment of thirty-three Cents, to record, 
at large, in the said parish books, any deed of a pew in 
the said meeting-house, which may be brought to him for 
that purpose, and to note and certify thereon, as well as 
in the records, the time when the deed was received for 
that purpose. AjpTproved February 7, 1803. 



Preamble. 



Trustees ap- 
pointed. 



Corporate 
name. 



TrusteeB to re- 
ceive monies, 
securities, &c. 



1803. — Chapter 47. 

[January Session, oh. 9.] 

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES 
OF A FUND FOR THE SUPPORT OF A CONGREGATIONAL 
GOSPEL MINISTER, IN THE SOUTH PARISH IN BRIDG- 
WATER IN THE COUNTY OF PLYMOUTH. 

Whereas there are in the Treasury of the south parish 
in Bridgwater monies and securities amounting nearly to 
one thousand dollars, which the parish have appropriated 
as a fund for the support of a congregational gospel min- 
ister in said parish, and have petitioned the Legislature 
for an Act to incorporate certain persons for the due man- 
agement thereof 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Eliphalet Cary, Samuel Shaw, 
Joshua Alden, Thomas Washburn and Jason Dyer be, 
and hereby are appointed Trustees to manage such funds 
as are or shall be raised, and appropriated to the use 
aforesaid, and for that purpose they and their successors 
are hereby incorporated into a body corporate and politic 
forever, by the name of The Trustees of the Funds for 
the support of a Congregational Gospel Minister in the 
south parish in Bridgwater, shall have a common seal, 
subject to be altered at pleasure, may sue and be sued, 
and may prosecute and defend the same to final judg- 
ment and execution. 

Sec 2d. Be it further enacted. That said Trustees be, 
and hereby are vested with full power to receive into their 
hands all monies & securities for money already raised, 
and all monies, subscriptions, donations and securities for 



Acts, 1802. — Chapter 47. 77 

real or personal estate that may hereafter be given, raised 
or subscribed for the purpose aforesaid ; and may sell and 
convey by good and well authenticated deeds, lands and 
tenements whereof the fee may vest in them by virtue of 
mortgage or execution. 

Sec. 3d. Be it further enacted, That the aforesaid 1^^l:^li%^l 
fund shall be put to use or interest untill it shall accumu- the interest to 

, . . . J ii -ii , be appropriated 

late by the mterest arismg thereon, together with such to support the 
donations as hereafter may be made, to the sum of six '""*** ^'^' 
thousand dollars, and then the annual interest of said 
fund shall be applied to discharge the salary of the con- 
gregational gospel minister settled in said parish. Pro- 
vided however, that should said Trustees be possessed of 
a capital, the annual interest whereof shall be more than 
sufficient to discharge the salary aforesaid, the surplus 
sum may be applied to the payment of necessary parish 
charges, or for the support of Schools, as the parish from 
time to time shall direct ; or the same may be appropriated 
to augment said fund within the limitation hereafter 
expressed. 

Sec. 4th. Be it further enacted. That said Trustees ^«^\\"g°fj^P^ma 
are hereby made capable of holding as aforesaid, real beheid. 
and personal estate, the annual income of which shall not 
exceed six hundred dollars, and no part of the capital of 
said fund shall ever be expended. 

Sec. 5th. Be it further enacted. That the Trustees 
aforesaid, and their successors, shall hold their Offices un- 
till others shall be chosen in their stead, and they have 
declared their acceptance to the Clerk of said south Par- 
ish ; and said parish may, if they see cause choose Trus- 
tees annually in the month of March or April, and may 
at any legal meeting warned for that purpose choose a 
Trustee or Trustees to supply any vacancy or vacancies 
that may happen. 

Sec. 6th. Be it further enacted. That the trustees shall ^,°^i"«io b1^' 
each year in the month of March or April, at the annual made, &c, 
meeting of said parish, exhibit a fair statement of their 
proceedings, and of the state of the funds under their 
management, and are hereby severally made amenable to 
said parish, and liable in law to answer to said parish, out 
of their own estate, for any embezzelment neglect or will- 
ful mismanagement of said fund. 

Sec. 7th. Be it further enacted. That the number of S^e^eT."^ 
trustees may be augmented to ^QYQn, provided said parish 



78 



Acts, 1802. — Chapter 48. 



Officers to be 
chosen. 



shall chuse that number, but shall never be less than five, 
a majority of the whole number chosen to form a quorum 
for transacting business. 

Sec. 8th. Be it further enacted, That the trustees for 
the time being may elect a President, Clerk and Treas- 
urer, the Clerk & Treasurer to be under oath faithfully to 
perform their duty. And the Treasurer shall receive into 
his hands the monies from said trustees, and under their 
direction put the same to use or interest, with sufiicient 
security for the same, having previously himself given 
bonds to said trustees, with sufiicient sureties to their 
acceptance for the faithful performance of his duty. 

Approved February 7, 1803. 



Preamble. 



Situation of 
bridge. 



Privilege to 
inhabitants of 
Dorchester and 
Quincy. 



1803. — Chapter 48. 

[January Session, ch. 10.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR INCOR- 
PORATING CERTAIN PERSONS, FOR THE PURPOSE OF BUILD- 
ING A BRIDGE OVER NEPONSIT-RIVER, AND FOR SUPPORTING 
THE SAME." 

Whereas the President and Directors of JSfeponsit- 
Bi'idge have petitioned this Court, that the said Corpora- 
tion might he authorized to erect a Bridge over Neponsit- 
river at a place called Horse Hommock, instead of from 
Prest07i's point in Dorchester, to Billings Rocks in Quincy, 
as authorized by said Act, and it appearing for the Public 
interest that such alteration in the situation of said Bridge 
should be allowed: 

Sec. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, — That the proprietors of Neponsit- 
Bridge be, and they hereby are authorized to build a 
Bridge, across the Neponsit, at said place, called Horse 
Hommock, and to lay out, & make a road, from the Meet- 
ing-House in Quincy, leading to said Bridge, and from 
said Bridge to Dorchester lower-road, in the direction 
mentioned in the said petition of the President & Direct- 
ors of said Bridge, or in such other direction as the Jus- 
tices of the General Sessions of the Peace for the County 
of Norfolk may, upon application from said Proprietors, 
authorize ; And the inhabitants of the said towns of Dor- 
chester & Quincy shall pass and repass such part of said 
road as lies on their respective sides of said River, free of 



Acts, 1802. — Chapter 48. 79 

all burden & expence ; And the said Corporation shall ^^each^sirof 
keep the said road, on the Dorchester side, in repair, the bridge. 
during the continuence of this Act of incor[)oration ; and 
the said town of Quincy and the said corporation shall 
keep the said road, on the Quincy side of said river, in 
repair, in such proportions as they shall agree, or as, in 
case of dispute, the said Justices of the General Sessions 
of the Peace, in the County of Norfolk, shall, after hearing 
the parties, direct. 

Sec. 2. Be it further enacted, that the said corpora- corporation 
tion may purchase and hold any land, over which they "and.^&cfancT 
may make said road, and as much land as may be neces- d°amag4''wher'e 
sary for the use of said Bridge, not exceeding Four Thou- '^?,hout agree- 
sand dollars, in value ; And that the said proprietors shall ment. 
be holden to pay all damages, which shall arise to any 
person by takhig his land for said road and use, where it 
cannot be obtained by voluntary agreement, to be esti- 
mated by a Committee to be appointed by the said Court 
of General Sessions of the Peace ; saving to either party 
the right of trial by Jury, according to the Law which 
makes provision for the recovery of damages happening 
by laying out high ways. 

Sec. 3. Be it further enacted. That the said road shall width of road, 
not be more than four, nor less than three rods wide, on 
the upland; and five rods wide, at least, and not more 
than six rods, (including the Canals), on the Marsh ; and 
that the said Bridge shall be well built, of like width and 
materials, and in a like manner, with like draw and piers, 
and be subject to the same limitations, provisions, and 
restrictions, as are provided in and by the fifth Section of 
said Act, for building the Bridge therein Authorized. 

Sec. 4. Be it further enacted. That for the purpose Toiiestab- 
of reimbursing the said proprietors, the money by them 
expended, or to be expended, in building and supporting 
said Bridge and laying out and making said road, a toll 
be and hereby is granted for the sole benefit of said pro- 
prietors, according to the rates following : For each foot 
passenger One Cent, excepting all persons, who shall be 
on Military duty, and all such persons, with their Military 
baggage, shall pass and repass said Bridge free of toll ; — 
for each person and horse five Cents ; — for* each horse 
and Cart Eight Cents; — for each team drawn by more 
than One beast Ten Cents ; — for each horse and Chaise, 
Sulkey or Sleigh Ten Cents ; — for each Coach, Chariot, 



80 Acts, 1802. — Chapter 49. 

Phaeton or Curricle Twenty Cents ; — for each man & 
wheell)arrow Three Cents ; — for each horse and neat 
Cattle, exclusive of those in teams or rode on, Two Cents ; 
— for Sheep, per dozen. Two Cents ; And for swine, per 
dozen. Two Cents. The said toll to commence at the 
time & to continue during the term Specified in said Act 
of incorporation. And the said proprietors shall be sub- 
ject to all and every limitation, restriction, penalty and 
duty, provided and enacted in and by said Act. 
Partofaformer ^^^ 5^ Be it further Enacted, That the said Act of 

act repealed. •/ .' ii'it e 

incorporation, so far as it relates to the buildmg oi a 
Bridge from Preston's point in Dorchester, to Billings' 
Rocks in Quincy, and laying out the road therein men- 
tioned, and to the toll thereby granted, be, and hereby is, 
repealed. 
Bridge to be ggc. 6. Aiid be it fuHhei' JEnacted, That if the said 

three years. proprietors shall ncglcct or refuse, for the space of three 
years, after the passing of this Act, to build the Bridge 
herein authorised, then this Act, and also the said Act of 
Incorporation, shall be wholly void and of no effect. 

Approved February 7, 1803. 

1803. — Chapter 49. 

[January Session, cli. 11.] 

AN ACT TO AUTHORISE THE SELECTMEN OF THE TOWN OF 
PORTLAND, TO APPOINT AN ADDITIONAL NUMBER OF EN- 
GINE MEN. 

Be it Enacted hy the Senate and House of Representa- 
tives, in General Court assembled and by the Authority 
of the Same, That the Selectmen of the town of Portland, 
be and they are hereby authorised and impowered (when 
they shall judge it expedient) to nominate and appoint as 
soon as may be, after the passing of this Act, and ever 
after, in the month of January annually, an additional 
number, not exceeding eighteen men, to a new fire En- 
gine called the Cataract, lately procured by the said 
town, in addition to the number of Men now Authorized 
by Law ; and such an additional number, so appointed, 
shall be exempted from Military and other duties, in the 
same manner that other Engine Men, are by Law ex- 
empted. Approved February 7, 1803. 



Acts, 1802. — Chapters 50, 51. 81 



1803. — Chapter 50. 

[January SeBsion, ch. 12.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT EM- 
POWERING CHARLES BARRETT ESQR. TO ERECT LOCKS AND 
OPEN A NAVIGABLE CANAL, FROM THE UPPER PART OF 
BARRETTS-TOWN, (SO CALLED) IN THE COUNTY OF LINCOLN, 
WITH THE SEA, THROUGH ST. GEORGE'S RIVER, SO CALLED," 
PASSED THE 9th DAY OF MARCH SEVENTEEN HUNDRED 
AND NINETY THREE. 

Whereas it has been found, that the toll authorised by 
Laiv, at the Locks and Canals, at the great falls of St. 
George's River is insufficient to keep the same in repair. 
Therefore 

Be it Enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that it shall be Lawful for the proprietors of 
the said Locks and Canals to demand and receive, at the 
rate of Fifty Cents for each thousand feet of boards, and 
for each Ton of Timber and other Lumber in proportion, 
which shall be passed through said Locks and Canal, in 
lieu of the toll heretofore established. Provided however 
the said Proprietors shall give prompt attendance, and 
keep the said Locks & Canal in good repair, so that there 
be no unreasonable detention. 

Approved February 7, 1803. 

1803. — Chapter 51. 

[January Session, ch. 13.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
REGULATE THE CATCHING OF SALMON, SHAD, AND ALE- 
WIVES, IN MERRIMACK RIVER, AND THE STREAMS EMP- 
TYING INTO THE SAME. 

Whereas it is found by experience, that catching of Fish, 
at or near the mouth of Johnston's Brook, so called, emp- 
tying into the Merrimack River, ivithin the town of 
Bradford, in the County of Essex, greatly impede and 
obstruct the Fish from entering <& passing up the said 
Stream. 

Be it Enacted by the Senate <& House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, that from and after the passing of this Act, no 
person or persons shall be allowed to drag any Seine, or 



82 



Acts, 1802. — Chapter 52. 



set any net, pot, or other machine, for the purpose of 
Catching Salmon, sliad, or Alewives, or any other ways 
obstruct said Fish in their passage within thirty rods be- 
low, or twenty rods above the mouth of said Stream, in 
Merrimack River, on penalty of thirteen Dollars & thirty 
three Cents for each offence. And the seine, net, pot, or 
other Machine so used to be forfeited ; And the fine or 
fines aforesaid, shall be recovered and applied in the same 
manner as the fines, for breaches of the Act to which this 
is an addition. Approved February 7, 1803. 



Preamble. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road. 



1803. — Chapter 52. 

[January Bession, ch. 14.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
BELCHERTOWN & GREENWICH TURNPIKE CORPORATION. 

Whereas the highway leading from the Bay road so 
called in Belchertown, commences a. little south of Thomas 
Asa Gates' dwelling house, and running to the south par- 
ish meeting house in Greenwich, is rough, and the expense 
of making <& maintaining the said I'oad, so that it will he 
convenient for horses and carriages, is tnuch greater than 
can be reasonably required of the inhabitants of said Bel- 
chertown and Greenwich. 

Sec. 1st. Be it enacted by the Senate and House 
of Representatives in General Court assembled and by 
the authority of the same That Henry Dwight, Silva- 
nus Howe, William Stone, Benjamin Harrod, John Gil- 
bert Silvanus Howe Junr., Samuel Smith, Kingsley 
Underwood, Ebenezer Winslow, Eli Snow, Peleg Can- 
edy, Roger West, Asaph Newcomb, Israel Trask, Timo- 
thy Hinds, Isaac Boy den, Reuben Cooley, Robert Field, 
Benjamin Hooker, Luke Stone, Joseph Hooker Junr., 
Reuben Colton, Joshua N. Upham, Rufus Powers, Isaac 
Stevenson, Silas Newcomb, Bradford Newcomb Junr. 
and Nathan Cumings, together with such others as may 
hereafter associate with them and their successors be, and 
they are hereby constituted a Corporation by the name 
of The Belchertown and Greenwich Turnpike Corporation, 
for the purpose of laying out and making a turnpike road, 
commencing at said Bay road south of Thomas Asa Gates' 
dwelling house, runing eastwardly to the dwelling-house 
of Henry Dwight Esqr. from thence to the south parish 
meeting house in Greenwich, in as direct a line as the 



Acts, 1802. — Chapter 52. 83 

nature of the ground will admit, and for keeping the same 
in repair, which road or turnpike shall not be less than Dimensions, 
three rods wide, and the path for traveling not less than 
eighteen feet wide in any place. And when said turnpike 
road shall be sufficiently made, & so approved by a Com- 
mittee appointed by the Court of General Sessions of the 
Peace for the County of Hampshire, then the said Cor- 
poration may and shall be authorized to erect one turnpike 
gate on the said road, in such manner and place as the 
said Corporation shall judge necessary and convenient for 
collecting the toll. And said Gate shall be placed be- 
tween said Dwight's and said Gates', and shall be entitled 
to receive of each traveller or passenger at said gate, the 
following rates of toll viz. For each coach, chariot. Rates of ton. 
phieton or othei four wheel carriage, drawn by two horses 
sixteen and an half cents, and if drawn by more than two 
horses an additional sum of three cents for each horse. 
For every cart or waggon drawn by two oxen or horses 
eight cents, and if drawn by more than two oxen or horses 
an additional sum of two cents for each horse or ox ; — 
For every curricle eleven cents — For every chaise, chair 
or other carriage drawn by one horse, eight & an half 
cents, — For every man and horse three cents — For every 
sled or sleigh drawn by two oxen or horses six cents, and 
if drawn by more than two oxen or horses an additional 
sum of two cents for each horse or ox — For every sleigh 
or sled drawn by one horse, four cents — For all horses, 
mules, oxen or neat cattle led or driven, besides those in 
teams and carriages, two thirds of a cent each. Provided Proviso. 
however that said Corporation may, if they see fit, com- 
mute the rate of toll with any person or persons, by tak- 
ing of him or them a certain sum annually to be mutually 
agreed on, in lieu of the toll aforesaid. 

Sec. 2d. And be it further enacted, That the said c,?''p°'?"<'° ,^ 

r^ . IT1111T i-ii allowed to hold 

Corporation may purchase and hold land over which they land. 
may make said road, and the Justices of the Court of 
General Sessions of the Peace for the County of Hamp- 
shire are hereby authorized, on application of the said 
Corporation, to lay out such road or any part thereof, 
as with the consent of the said Corporation they shall 
think i)roper. And the said Corporation shall be liable Liable for 
to pay all damages which may arise to any person by fanTtrken"."^ 
taking his land for such road, where the same cannot be 
obtained by mutual agreement, to be estimated by a Com- 



84 



Acts, 1802. — Chapter 52. 



Penalty for 
unreasonably 
delaying pas- 
sengers. 



Corporation 
liable for 
damages by 
defects of the 
road. 



Penalty for 
injuring the 
road, passing 
by force, &c. 



Proviso. 



mittee appointed by the said Court of General Sessions 
of the Peace, saving to either party the right of having 
his damages estimated by a Jury according to the law 
which makes provision for the recovery of damages aris- 
ing from the laying out of highways. 

Sec. 3d. And be it further enacted, That if the said 
Corporation or their toll gatherer, or others by them em- 
ployed, shall unreasonably delay or hinder any traveller 
or passenger at the toll gate, or shall demand or receive 
more toll than is by this act established, the Corporation 
shall forfeit and pay a sum not exceeding ten dollars, nor 
less than two dollars to be recovered before any Justice 
of the Peace of the said County, by any person injured, 
delayed or defrauded in a special action of the case ; the 
writ in which shall be served on said Corporation, by leav- 
ing a copy of the same with the Treasurer or Clerk of 
said Corporation, at least seven days before the trial ; and 
the Treasurer of the said Corporation or Clerk or any 
individual member, shall be allowed to defend the same 
suit, in behalf of the said Corporation. And the said 
Corporation shall be liable to pay all damages that shall 
happen to any person from whom the toll is demandable, 
for any damage which shall arise from defect of bridges 
or want of repairs on said ways and shall also be liable to 
presentment by the Grand Jury for not keeping the same 
in good repair. 

Sec. 4th. And be it further enacted, That if any per- 
son shall cut or break down, or otherwise destroy the said 
gate, or shall dig up or carry away any earth from said 
road, or in any manner damage the same, or shall forcibly 
pass, or attempt to pass by force said gate, without having 
first paid the legal toll, such person shall forfeit and pay 
a fine not exceeding fifty dollars, nor less than fifteen 
dollars, to be recovered by the Treasurer of the said Cor- 
poration to their use, in an action of trespass, or of the 
case. And if any person with a team, cattle or horses 
turn out of said road to pass the turnpike gate aforesaid, 
and again enter on said road With an intent to avoid the 
toll established by this Act, such person shall forfeit and 
pay one dollar, to be recovered by the Treasurer afore- 
said, to the use aforesaid by an action of debt : Provided 
that nothing in this Act shall extend to entitle the said 
Corporation to demand or receive toll of any person who 
shall be passing with his horse or carriage to or from 
public worship, or with his horse, team or cattle to or 



Acts, 1802. — Chapter 52. 85 

from his common labour, or to or from any mill or on the 
common or ordinary business of family concerns, within 
the said town ; or from any person or persons passing on 
military duty. 

Sec. 5th. Be it further enacted that the shares in said shares consid- 

•^ .IT «jui gj,gj personal 

road, shall be taken and considered as personal estate to estate. 
all intents ; and shall be transferable by deed duly ac- 
knowledged before any Justice of the peace, and recorded 
by the Clerk of said Corporation in a book to be kept for 
that purpose, and when any such share shall be attached 
on mesne process, an attested copy of such process shall 
be left at the time of the attachment with the Clerk of 
said Corporation, otherwise the same shall be void, and 
such shares may be taken and sold by execution, in the 
same manner as other personal estate ; and the Officer or 
Judgment creditor leaving a copy of such execution with 
the return thereon, with such Clerk within fourteen days 
after such sale, and paying for the recording thereof shall 
be deemed a sufficient transfer of the same. 

Sec. 6th. Be it further enacted. That the first meet- First meeting of 
ing of said Corporation shall be holden at the house of 
Robert Field Esqr. in said Greenwich on the fourteenth 
day of March, at ten of the Clock in the forenoon, for the 
purpose of choosing all such Officers, and establishing 
such rules as said Corporation may think proper. 

Sec. 7th. Be it further enacted. That the said Cor- Account of ex- 
poration shall within six months after the said road is and^ln^'nuaT'' 
compleated, lodge in the Secretary's Office an account of gubmmed.'"^ 
the expenses thereof, and that the said Corporation shall 
anoually exhibit to the Governor & Council a true account 
of the income or dividend arising from said toll, with the 
necessary annual disbursements on said road ; and that the 
books of said Corporation, shall at all times be subject to 
the inspection of a Committee to be appointed by the 
General Court, or to the inspection of the Governor and 
Council when called for. 

Sec. 8. Be it further enacted, That whenever any shares of de- 

• iinii i?x j_ linquentB to be 

proprietor shall neglect or reiuse to pay any tax or assess- sold. 
ment, duly voted and agreed upon by the said Corpora- 
tion, to their Treasurer within sixty days after the time 
set for the payment thereof, the Treasurer of said Corpo- 
ration is hereby authorized to sell at public vendue the 
share or shares of such delinquent proprietor, one or more, 
as shall be sufficient to defray said taxes, and necessary 
incidental charges, after duly notifying in the Newspapers 



86 



Acts, 1802. — Chapter 53. 



printed at Northampton, the sum due on any such shares, 
and the time and place of sale, at least thirty days pre- 
vious to the time of sale, and such sale shall be a sufficient 
transfer of such share or shares so sold, to the person or 
persons purchasing the same ; And on producing a certifi- 
cate from the Treasurer to the Clerk of said Corporation 
the name of such purchaser, with the number of the shares 
so sold, shall be by the Clerk entered on the books of 
said Corporation, and such purchaser shall be considered 
to all intents the proprietor thereof; and the overplus 
arising from such sale (if any there be) shall be paid on 
demand by the Treasurer, to the person whose shares 
were so sold. 

Sec. 9th. And be it further enacted, That the said 
Corporation shall, at the place where said toll is to be 
collected, erect and keep constantly exposed to view a 
sign or board, with the rates of toll of all the tollable 
articles fairly written thereon in legible characters. 

Sec. 10th. And be it further enacted. That said Cor- 
poration may sue and be sued by their corporate name, 
indemnified for and may havc a common seal and enjoy all the powers and 
interest. pHviledgcs, and be subject to all the duties incident to 

such a corporation, and the Legislature may repeal said 
corporation, whenever it shall appear to their satisfaction, 
that the income arising from said toll shall have fully com- 
pensated them for all monies they may have expended in 
purchasing, making, repairing and taking care of said 
road, together with an interest thereon at the rate of 
twelve per centum per annum, computing from the time 
of the expenditure of the same ; and thereupon the 
interest and property in said road shall vest in this Com- 
monwealth. Provided nevertheless, that if the said Cor- 
poration shall neglect to complete said turnpike road for 
the space of four years from the passing this Act, the same 
shall be void and of no eflect. 

Approved February 7, 1803. 



Sign-board to be 
erected. 



Road to vest in 
Commonweal til 
wlien corpora- 
tion is fully 



1802. — Chapter 53. 

[January Session, ch. 15.] 

AN ACT TO DIVIDE THE TOWN OF GUSHING IN THE COUNTY OF 
LINCOLN, & TO INCORPORATE THE EASTERLY PART THEREOF 
INTO A SEPERATE TOWN BY THE NAME OF ST. GEORGE. 

Sec. 1. Be it Enacted by the Senate and House of Rep- 
resentatives in General Court Assembled and by the An- 



Acts, 1802. — Chapter 53. 87 

ihority of the Same — That all that part of the town of Boundariee. 
Cushingr which lies to the Eastward of a line drawn from 
the South west corner of Thomaston and passing South 
Westerly through the Middle of St. Georges Eiver by the 
Westerly Channel to the Sea, be and hereby is incorpo- 
rated into a Seperate town by the name of St. George. 
And the Inhabitants of said town are hereby Vested with 
all the Powers, privileges, rights and immunities with 
which other Towns are invested by the Constitution and 
Laws of this Commonwealth. 

Sec. 2. And he it further Enacted that the said Town Arrears of 
of St. George shall pay all arrears of Taxes, which have **^®** 
been assessed upon them, together with their proportion 
of all debts owed by the said town of Cushing prior to the 
date of this Act. 

Sec. 3. And be it further Enacted, That all monies Division of 
unappropriated, together with all other property (except- P''°P®'*y- 
ing the Meeting House lot) now belonging to the said 
town of Cushing shall be equally divided between the 
said towns of Cushing and St. George, and that the In- 
habitants of the said town of St. Georo-e shall be entitled 
to a Road, four rods wide on said lot, extending from the 
Shore, to the place where the town road in the town of 
Cushing crosses the said lot, together with the use of the 
burying ground on said lot in common with the Inhabi- 
tants of the town of Cushing. 

Sec. 4. And he it further Enacted, That of all future Proportion of 
taxes which may be levied on the two towns aforesaid, **^®^'®^""^- 
previous to a new Valuation, the town of Cushing shall 
pay fifty six cents, and the town of St. George shall pay 
sixty five cents upon the thousand as their respective 
proportion. 

Sect. 5. And he it further Enacted, That James First meeting. 
Malcom Esqr. One of the Justices of the Peace for the 
County of Lincoln, be, and he is hereby authorized, upon 
application therefor to issue a Warrant directed to some 
suitable person, an Inhabitant of the said town of St. 
George, requiring him to notify and warn the Inhabitants 
thereof, qualified by Law to Vote in town Afiairs, to 
assemble at such convenient time and place as shall be ex- 
pressed in the said Warrant, to Choose such Officers, as 
towns are by Law empowered to choose in the Month of 
March or April annually. Approved February 7, 1S03. 



88 



Acts, 1802. — Chaptek 54. 



AN ACT TO 
SEVERAL 



1802. — Chapter 54. 

[January Session, ch. 16.] 

REGULATE THE TAKING OF ALEWIVES, IN THE 
STREAMS LEADING FROM IPSWICH RIVER TO 



Privilege of 
the fishery may 
be disposed of. 



Penalty for 
taking fish at 



PRICHARD'S POND, IN TOPSFIELD. 

Sect. 1. Be it enacted hy the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, That it shall & may be lawfull for 
the town of Topsfield, annually, at any legal meeting of 
the Inhabitants of the said town, to sell, or otherwise dis- 
pose of the privilege of taking Alewives in the several 
streams leading from Ipswich River to Prichards Pond 
in said Topsfield, at such times, not exceeding three days, 
in a w^eek, and at such places, and under such regulations, 
as the said town shall direct ; and the emolument aris- 
ing from said priviledge shall be appropriated by the 
said town, to such purposes and uses as the Inhab- 
itants thereof, shall, in town meeting, from time to time, 
determine. 

Sect. 2. And be it further enacted, That if the Pur- 
mproper times chascr or purchascrs, manager or managers, or those em- 

&na pl&c6B. ^ ' o ~ ' 

ployed by them, shall presume to take any of the said 
Fish, at any other time, or place, in the said town, than 
shall be by said town determined ; and if any other per- 
son or persons whatever, except the purchaser or purchas- 
ers, manager or managers of the said privileges, or those 
employed by them, in either of the streams aforesaid, 
shall take any Alewives, said person or persons, so of- 
fending, shall, for each offence, forfeit and pay a sum not 
exceeding thirteen Dollars nor less than one dollar, at the 
discretion of the Justice, before whom the same shall be 
tried. 

Sect. 3. And be it further Enacted, That the said town 
of Topsfield shall, at their annual meeting in March or 
April, choose, by ballot, a Committee, not exceeding 
seven, nor less than three Freeholders of said town, who 
shall be sworn, or aflSrm to the faithful discharge of the 
duties enjoined upon them by this act ; and it shall be the 
duty of the said Committee to remove, or cause to be re- 
moved, all obstructions & impediments, out of the natural 
course of said streams or other passageways, as they, or 
the major part of them, shall judge obstruct & impede 



Fish committee 
to be chosen. 



Their duty. 



Acts, 1802. — Chapter 54. 89 

the passage of said Fish, during the time of their passing 
up and down in each year ; And the said Committee, 6r 
the major part of them, are empowered to open the nat- 
ural course of the said streams, by making them wider 
and deeper, as well as other passageways which they may 
judge necessary for the passage of the said Fish. And 
the said Committee, or any two of them, paying a reason- 
able compensation therefor, if demanded, shall have au- 
thority, in discharging the duty enjoined upon them by 
this act, to go on the lands and meadows of any person, 
through which said streams run, or into any building. 
Mill, or other water-works, on said stream, without being 
considered as trespassers ; and any person who shall mo- penalty for 
lest or hinder said Committee, or either of them, in the ^Ahfcommit- 
execution of the business of his or their Office, or shall '®^- 
obstruct any of the aforesaid streams or passageways, 
otherwise than may be allowed by the said Committee, or 
the major part of them, he or they, so offending, shall 
forfeit & pay, for every such offence, a sum not exceeding 
ten Dollars, nor less than one dollar, at the discretion of 
the Justice, before whom the same shall be tried. JPi^o- 
vided nevertheless^ That nothing in this Act shall be con- 
sidered, as authorizing the said Committee to injure the 
Proprietor of any Mill, or other water works, further than 
is necessary, in order to give the said Fish, a good & 
sufficient passage-way up the said stream. 

Sect. 4. And be it further Enacted. That if the pur- Price of the 

fish to be &8t&D- 

chaser or purchasers, manager or managers of the said ushed. 
privilege, shall, when in his or their power, neglect or re- 
fuse to supply any person or persons with said Fish, 
when Green, in any quantity, not exceeding one hundred 
to any one person, who may apply therefor, at such rates 
as shall be determined by the said town, not exceeding 
twenty-five Cents for one hundred of said fish, he or they, 
so offending, shall forfeit & pay the sum of one Dollar; 
and if any person or persons shall ask, demand, and re- 
ceive, more than twenty-five Cents, for one hundred of 
said fish, and in that pro[)ortion for a less number, at the 
])lace of taking said fish, he or they, so offending, shall, 
for each ottence, forfeit & pay the sum of one Dollar. 

Sect. 5. And he it further enacted, That it shall be The committee 
the duty of the said Committee to prosecute ail breaches bre'ac'hesof^twa 
of this Act, and for any two of them to seize & detain in "'='• 
their Custody, any net which may be found in the hands 



90 



Acts, 1802. — Chapter 55. 



Recovery and 
appropriation 
of tines. 



Clo8ing fish- 
ways. 



Repeal of 
former laws. 



of any person using the same, contrary to the true intent 
& meaning of this act, untill the person so offending 
makes satisfaction for his offence, or is legally acquitted 
therefrom ; and also to seize, to the use of the said town, 
all such fish as they shall suspect to have been taken con- 
trary to the provisions of this Act, unless the person or 
persons in possession thereof can give satisfactory evi- 
dence to such Committee, that said fish were lawfully 
taken. 

Sect. 6. And be it further enacted, That all penalties 
incurred by any breach of this act, shall be recovered by 
an action on the case, before any Justice of the Peace, 
within and for the County of Essex, allowing an appeal 
to the Court of Common Pleas for the same County. 
And all sums of money recovered as forfeited by this act, 
shall be for the support of the poor of the said town ; 
and no person, by reason of his being one of the said 
Committee, or an Inhabitant of the said Town, shall 
thereby be disqualified, from being a witness in any pros- 
ecution for a breach of this Act. 

Sect. 7. And be it further enacted, That the Fish 
Committee, or the major part of them, are hereby author- 
ised to give liberty to any owner of any grist-mill, stand- 
ing on either of the aforesaid streams, to close the fish 
ways, or either of them, after the first day of June an- 
nually, if they, or the major part of them, shall judge 
said fish have done passing up. 

Sect. 8. Ayid be it further Unacted, That all Laws 
heretofore made relative to taking Alewives in the afore- 
said Streams in said Topsfield, and relating to closing the 
fish ways after the first day of June annually, are hereby 
repealed. Approved February 9, 1803. 



Names of trus- 
tees. 



1803. — Chapter 55. 

[January Session, ch. 17.] 

AN ACT TO AUTHORIZE THE RAISING A FUND FOR THE SUP- 
PORT OF THE MINISTRY, AND A GRAMMAR SCHOOL IN THE 
TOWN OF TURNER IN THE COUNTY OF CUMBERLAND. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Ichabod Bonney esqr., William 
Bradford, Benjamin Evans, John Turner esqr. Daniel 
Carey, Luther Carey and John Loring be, & hereby are 



Acts, 1802. — Chapter 55. 91 

appointed trustees, to sell the ministerial and school land in 
said town of Turner, and to put out at interest the monies 
arising from such sale, in manner herein after mentioned ; 
and for that purpose. 

Sec. 2d. Be it further enacted^ That the said trustees corporate 
be, and they hereby are incorporated into a body politic °^'"^' 
by the name of The Trustees of the ministerial and Gram- 
mar School funds in the town of Turner in the County 
of Cumberland ; and they and their successors shall be 
and continue a body politic and corporate by that name 
forever ; and they 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 & execution, by the 
name aforesaid. 

Sec. 3d. Be it further enacted, That the said trustees officers to be 
and their successors, shall and may annually elect a ^ ^^ ^ " 
President, & Clerk to record the doings and transactions 
of the trustees at their meetings, and a Treasurer to re- 
ceive and apply the monies herein after mentioned, as 
herein after directed, and any other needful officers for 
the better managing of their business. 

Sec. 4th. Be it further enacted, That the number of Tr^t'e^e's."^ 
trustees shall not at any one time be more than seven, nor 
less than five, any five of their number to constitute a 
quorum for transacting business, and they shall and may 
from time to time fill up vacancies in their number, which 
may happen by death, resignation or otherwise, from the Empowered to 
members of said town; and shall also have power to re- fi'i vacancies &c. 
move any of their number who may become unfit and in- 
capable from age, infirmity, misconduct or any other 
cause, of discharging their duty ; and to supply a vacancy 
so made by a new choice from the town aforesaid. And 
the said trustees shall annually hold a meeting in March 
or April, and as much oftener as may be found necessary 
to transact their necessary business, which meetings, after 
the first, shall be called in such way and manner as the 
trustees shall hereafter direct. 

Sec. 5th. Beit further enacted That Ichabod Bonney First meeting. 
esqr. be, and he hereby is authorized to fix the time and 
place for holding the first meeting of the trustees and to 
notify each trustee thereof. 

Sec. 6th. And he it further enacted. That said Trus- 
tees be, and they hereby are authorized to sell and convey 



92 



Acts, 1802. — Chapter 55. 



Appropriation 
of interest. 



Treasurer to 
give bonds. 



in fee simple, all the ministerial and grammar school lands 
belonging to said town, and to make, execute and ac- 
knowledge a good and sufficient deed or deeds thereof, 
which deed or deeds, subscribed by the name of their 
treasurer, by direction of said trustees with their seal 
thereto affixed, shall be good and effectual in law to pass 
and convey the fee simple from said town to the purchaser 
to all intents and purposes whatever. 

Sec. 7th. Be it further enacted. That the monies 
arising from the sale of said lands shall be put at interest 
as soon as may be, and secured by mortgage of real estate 
to the full value of the estate sold, or by two or more 
sufficient sureties with the principal, unless the trustees 
shall think it best to invest the same in public funded 
securities or bank stock of this Commonwealth, which 
they may do. 

Sec. 8th. Be it further enacted. That the interest 
arising; from time to time on such monies, shall be an- 
nually, or oftener if practicable, put out at interest, and 
secured in manner aforesaid, unless invested in the funds 
or bank stock as aforesaid, and also the interest accruing 
from the interest, untill a fund shall be accumulated on 
the sale of the ministerial lands and the interest arising 
thereon, which shall yield yearly the sum of three hun- 
dred and fifty dollars, and untill a fund shall be accumu- 
lated on the sale of school lands, and the interest arising 
thereon which shall yield yearly the sum of two hundred 
dollars. 

Sec. 9th. Be it further enacted That as soon as an 
interest to that amount shall accrue, the trustees shall 
forthwith apply the same, or that part arising from the 
sale of the ministerial lands, towards the annual support 
of a learned protestant minister which may then be settled 
in said town, or which may thereafter be settled there, 
and so long as the said town shall remain without a set- 
tled minister, the annual interest aforesaid shall be put 
out at interest and secured as aforesaid to increase the 
said fund, untill there be a resettlement of a minister, and 
that part arising from the sale of the school lands as afore- 
said, towards the support of a Grammar School in said 
town ; and it shall never be in the power of said town to 
alienate, or anywise alter the funds aforesaid. 

Sec. 10th. Be it further enacted. That the Clerk of 
said Corporation shall be sworn previous to his entering 



Acts, 1802. — Chapter 56. 93 

on the duties of his Office ; and the Treasurer of the 
Trustees shall give bond faithfully to perform his duty, 
and to be at all times responsible for the faithful applica- 
tion and appropriation of the money which may come into 
his hands, conformably to the true intent and meaning of 
this act, and for all negligence or misconduct of any kind 
in his office. 

Sec. 11th. Be it farther enacted^ That the trustees compensation 
or their Officers for the services they may perform, 
shall be entitled to no compensation out of any money 
arising from the funds aforesaid, but if entitled to any, 
shall have and receive the same of said town, as may be 
mutually agreed on. 

Sec. 12th. Be it further enacted, That the said trus- Annual state- 
tees and their successors, shall exhibit to the town, at 
their annual meeting in March or April, a regular and 
fair statement of their doings. 

Sec. 13th. Be it further enacted. That the said trus- Trustees con- 
tees and each of them shall be responsible to the town for glbfe? ""^^p""' 
their personal negligence or misconduct, whether they be 
Officers or not, and liable to a suit for any loss or damage 
arising thereby, the debt or damage recovered in such 
suit to be for the uses aforesaid. 

Approved February 9, 1803. 

1803. — Chapter 56. 

[January Session, ch. 16.] 

AN ACT ANNEXING THE GORE OF LAND COMMONLY CALLED 
PHILLIPS' GORE IN THE COUNTY OF CUMBERLAND TO THE 
TOWN OF OTISFIELD. 

Sec 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Authority of the same, that the Gore of Land aforesaid, Boundaries, 
with the Inhabitants thereon, as described within the fol- 
lowing bounds Vizt. Beginning at the South East corner 
of Otisfield thence North twenty five degrees west on the 
Easterly line of Otisfield eight miles to the North East 
corner thereof, thence North Sixty degrees East four 
hundred and ten rods to a Stake & Stones standing in a 
certain line marked, by Captains Parker & Bracket in the 
Year one thousand seven hundred and Seventy One ; com- 
-monly known by the name of the Parker line, thence 
from said Stake and Stones South twenty five degrees 



94 



Acts, 1802. — Chapter 57. 



Inhabitants ex- 
empted from 
state tazeB. 



East on said Parker line, seven Miles and One hundred 
and eighty eight rods through Thompson Pond to a Stake 
and Stones, thence south west four hundred and twenty 
rods to the l)ounds first mentioned, — Be and they hereby 
are ann[e]xed to, and made a part of the town of Otisfield, 
To enjoy all such privileges as town Inhabitants do by 
law enjoy. 

Sec. 2. And be it further enacted, that the Inhabi- 
tants of said Phillips' Gore with their Estates shall be ex- 
empted from all State Taxes which may be assessed on 
said Town of Otisfield for the Space of ten Years from 
the fourteenth day of December One thousand Seven 
hundred and ninety eight agreeably to the Conditions of 
the purchase of said Lands which was made with the 
Committee for the Sale of Eastern Lands. 

Approved February 9, 1803. 



to be chosen. 



1803. — Chapter 57. 

[January SessioD, ch. 19.] 

AN ACT REGULATING THE TAKING THE FISH CALLED ALE- 
WIVES IN THE SEVERAL STREAMS EMPTYING INTO MER- 
RIMACK RIVER IN THE TOWN OF HAVERHILL. 

Sec. 1. Be it Enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
Fish committee authority of the same. That it shall and may be Lawfull 
for the inhabitants of said town of Haverhill, from time 
to time, at their annual meeting in the Month of March 
or April to choose by ballot a Committee of freeholders 
in said town, whose duty it shall be to determine and 
order by whom, and in what place or places, the said fish 
may be taken in the several Streams emptying into Mer- 
rimack River within the town aforesaid ; and shall cause 
a Copy of such Order signed by said Committee or any 
two of them, to be posted up in some public place in said 
town : And any person who shall Violate such Order, 
upon conviction thereof: shall forfeit and pay a sum not 
exceeding five dollars, nor less than two dollars, provided 
the quantity of fish so taken be less than one barrel ; but 
for every barrel of fish so taken contrary to this Law, 
any person convicted thereof shall forfeit and pay the 
sum of seven dollars, to be recovered before any Justice 
of the Peace in the County of Essex before whom the 
Complaint shall be made. 



Acts, 1802. — Chapter 57. 95 

Sec. 2. And be it further enacted, that the Commit- ^'"'^^be^o^lned 
tee aforesaid, or the major part of them, are hereby au- andoustruc- 

. 1 • 1 1 -I . 11' tlons removed. 

thorised and empowered to open such sluice or passage 
ways through or round any dams erected, or that shall be 
erected across said Streams as they shall judge necessary, 
for the free passage of said fish, and to remove lumber 
& every other obstruction to the free passage of said fish ; 
to erect racks or wooden frames as they shall judge nec- 
essary, in said streams through which said fish pass, they 
being restricted, in such opening & clearing, to do the 
same as little to the damage of the owner or owners as 
may be, and such passage so opened by the Committee 
aforesaid, shall continue open, if they judge it necessary, 
from the tenth day of April to the last day of May an- 
nually ; And if any person or persons shall unlawfully Penalty for 
obstruct the passage or passages for said Fish, remove paBsagfoTflsh, 
or injure any rack or racks that shall be erected by said ^*^' 
Committee on said Streams, such person or persons so 
ofiiending, upon conviction thereof, shall forfeit and pay 
a sum not exceeding one hundred dollars, nor less than 
forty dollars, to be recovered in any Court proper to try 
the same. 

Sec. 3. And be it further Enacted, that it shall and ^"""t^w^^" 
may be lawful for any of said Committee or their assist- Bidered tres- 
ants, while in the execution of their Office, to go upon p***®''** 
the land adjoining to said Streams, without being consid- 
ered as trespassers ; and any person or persons who shall 
attempt to hinder or molest said Committee or either of 
them in the execution of their Office, shall forfeit & pay 
a sum not exceeding twenty dollars nor less than Ten 
dollars to be recovered in any Court proper to try the 
same. 

Sec. 4. And be it further Enacted, that the said Com- Fish to be soid 
miltee be and hereby are Authorised and directed to distrib- H^u^d."^ 
ute or cause to be distributed the fish that may be taken 
by them, or any person or persons under them, as equally 
as circumstances will admit, to such persons as apply for 
the same, and for the fish so supplied, the Committee 
aforesaid or their Agent or Agents shall demand a sum 
not exceeding twenty five Cents for each hundred of fish 
so delivered, excepting of certain poor persons of said 
town of Haverhill who in the Opinion of the Selectmen 
of said town are unable to pay for the same, and such per- 
sons shall be supplied gratis with such quantities as the 



96 



Acts, 1802. — Chapter 57. 



Committee to 
be Bworn. 



Inhabitants of 
Haverhill may 
be witnessea. 



Catching fish 
at certain 
places for- 
bidden. 



Fish mny be 
taken at the 
times pre- 
scribed by a 
former act. 



Persons to ac- 
count for tish 
found in their 
possession. 



said Committee shall judge expedient, — And the said 
Committee shall on the first town Meeting after the 
Month of May annually, exhibit an Account of all the 
fish disposed of by them, and the ballance, if any remain, 
after paying them a reasonable compensation for their 
services, shall be paid into the treasury of said town for 
the benefit thereof. 

Sec. 5. And be it further Enacted, that the Commit- 
tee so chosen, shall, before they enter upon the duties of 
their office be sworn faithfully to discharge the duties re- 
quired of them by said town, agreeable to this Act. 

Sec. 6. And be it further enacted, that any of the in- 
habitants of said town of Haverhill not concerned in 
violating this Act, may be admitted as witnesses in any 
Action that may be brought for any penalties aforesaid, 
they being inhabitants of said town notwithstanding. 

Sec. 7. And be it further Enacted, that no person or 
persons shall, after passing this Act, be allowed to Catch 
Salmon, Shad or Alewives, or drag any sein or set any 
net, pot, or other Machine, for the purpose of taking or 
Catching said fish, or any otherwise obstruct said fish in 
their passage, within thirty rods below, or twenty rods 
above the [the] mouth of any Streams in the town of 
Haverhill emptying into Merrimack river, where said fish 
usually pass up on penalty of thirteen dollars, to be re- 
covered before any Court proper to try the same, and the 
Sein, net, pot, or other Machine, so used, to be forfeited. 

Sec. 8. And be it further enacted, that the times and 
manner prescribed for taking fish in an Act passed March 
4th, 1790, entitled "an Act to regulate the Catching of 
Salmon, shad & Alewives & to prevent obstructions in 
Merrimack River & in the other rivers & streams running 
into the same, within this Commonwealth, and for repeat- 
ing several Acts heretofore made for that purpose," shall 
be observed, as the times & manner for taking said fish, 
in the said Streams in the town of Haverhill, and if any 
person shall take any of said fish at any other time, or in 
any other Manner than is prescribed in the Act last re- 
cited, he shall for each ofience, be subject to such penalty, 
as is provided in the said Act, for the same ofience, to be 
appropriated in the same manner as the other forfeitures 
in this Act. 

Sec. 9. And be it further Enacted, that if any person 
is found attempting to take any of said fish at any time 



Acts, 1802. — Chapter 58. 97 

or place, otherwise than is provided by this Act, or if any 
of said lish shall be found in the possession of any person, 
such person or persons shall be deemed to have taken 
them unlawfully, and shall be subject to the penalties by 
this Act prescribed, unless he or they shall make it ap- 
pear upon trial, that they came by said fish lawfully. 

Sec. 10. And he it further Enacted, that all tines & flnT''""*"*** 
forfeitures incurred by breach of this Act shall enure, one 
Moiety thereof to him or them who shall complain, or 
make information of the same, and the other Moiety to 
the said town of Haverhill. 

A'p'proved February 9, 1803. 

1803. — Chapter 5S, 

[January Session, ch. 20.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO SE- 
• CURE THE TOWN OF BOSTON FROM DAMAGE BY FIRE," AND 
REPEALING CERTAIN PARTS THEREOF. 

Sect. 1st. Be it Eiiacted hy the Senate and House of 
Representatives, in General Court assembled, <& by the 
authority of the same, that from and after the passing of fn^jj^ndi of**^ 
this act, no building, of any kind whatsoever, which shall buildings to be 

o ' «/ .of brick or 

be more than ten feet hio;h from the o-round to the his^hest atone, &c. 
point in the roof thereof, shall be erected or built within 
the town of Boston, unless all the external sides and ends 
thereof shall be built or composed of brick or Stone, ex- 
cept so much as may be necessary for doors and windows ; 
and unless the roofs of all such buildings shall be entirely 
covered with slate, tile or some incombustible composition, 
and the gutters secured eflectually against fire ; — and no Dimensions of 
brick or stone wall shall be deemed sufficient within the ^""*' 
meaning of this act unless the same shall be at least twelve 
inches thick in the lower story and eight inches thick 
above the lower story, and all double houses shall have 
partition walls which shall be built of stone or brick, and 
of the thickness last mentioned, and shall rise in battle- 
ments at least three feet above the roof; & all additions Restrictions to 
which shall be made to buildings already erected, and all addiuons. 
buildings which shall be erected on old foundations, in 
part or in whole, shall be deemed and considered within 
the restrictions and regulations of this act; provided ^irewarda em- 
nevertheless, that upon any wharf, marsh or other place, aiiow wooden 
where no sufficient foundation can be obtained without whirvel^&c. 



98 



Acts, 1802. — Chapter 58. 



Removal of 
wooden build- 
ings. 



Persons violat- 
ing this act 
subject to pen- 
alties of 
former act. 



Kettles, cop- 
pers, &c. to be 
fixed in brick or 
stone &c. 



Part of former 
act repealed. 



Firewards 
allowed to per- 
mit the erection 



unreasonable expence, on permision of the Firewards of 
said town, or the major part of them, in writing, wooden 
buildings, of not more than two stories liigh, may be 
erected, which shall be covered, on all sides, with slate, 
tile or lirae-mortar, and filled in with bricks laid in mortar, 
and the roofs, eaves and gutters shall be secured as before 
directed. 

Sect. 2d. And be it further enacted by the authority 
aforesaid, that no wooden building more than ten feet 
high shall be removed from any part of the town of Boston 
to any other place within the same town, without the 
permission of the Firewards of said town, or the major 
part of them, under such restrictions & provisions as they 
shall prescribe ; nor shall any wooden building, hereto- 
fore erected within the said town, and not now used as a 
dwelling-house, be hereafter occupied as a dwelling-house, 
or for any other purpose than that to which it is now ap- 
plied, without the permission of the Firewards as afore- 
said. 

Sect. 3d. And be it further enacted. That every per- 
son who shall erect or add to, remove or alter, any build- 
ing within the town of Boston contrary to the provisions 
of this Act, and every building so erected, added to, 
altered or removed, shall be subject to the penalties, for- 
feitures, fines and impositions which are provided by the 
third and fourth sections of the act to which this is an 
addition. 

Sect. 4. And be it further enacted, that every Kettle, 
boiler, or Copper, for the use of any Caulker, graver. Ship- 
carpenter, tallow-chandler, Soapboiler, painter, chemist, 
druggist, or other like artificer, shall be so fixed in brick 
or stone laid in mortar as to prevent all communication 
between the fire and the substance or substances boil'd. 

Sect. 5. And be it further enacted, that the first and 
second sections of the Act to which this is an addition, 
be, and the same are hereby repealed, excepting that such 
parts thereof as may be necessary to recover all fines and 
penalties incured upon the act aforesaid, shall remain in 
full force ; and all penalties and forfeitures under this act 
shall accrue and enure, be prosecuted for and recovered 
in the way & manner provided by the act to which this is 
an addition. 

Sect. 6. Andbe it further enacted, that the Firewards 
of said town, or the major part of them, be, and they are 



Acts, 1802. — Chapter 59. 99 

hereby authorized and empowered, by writing under their ?^YJ'i°^|°Q 
hands, to licence any person or persons to erect or build certain cases. 
any house or other building more than fourteen feet high 
from the ground to the highest point thereof, conformable 
to the act to which this is an addition, where-ever it shall 
appear, to their satisfaction, that any such person or per- 
sons had on or before the twenty-first day of January last 
past actually incurred expeuce by procuring & fitting or 
preparing the materials for such building ; Provided never- 
theless, that all such buildings shall be actually erected 
on or before the first day of June next ; otherwise such 
licenses shall be void. 

Sect. 7. And he it further enacted, that it shall be Firewardsmay 
lawful I for the Fire wards of said town, to require and an^^atfireL?' 
compel the assistance of all or any of the Inhabitants of 
said Town, and any other persons who shall be present 
as spectators of any fire ; and in any suit or prosecution 
therefor it shall be lawfull for them to plead the general 
issue and give this act in evidence. 

Approved February 9, 1803. 

1803. — Chapter 59. 

[January Session, eh. 21.] 

AN ACT IN ADDITION TO AN ACT INTITLED, AN ACT ESTABLISH- 
ING THE NORFOLK AND BRISTOL TURNPIKE CORPORATION. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court Assembled, and by the 
authority of the same. That the Norfolk & Bristol Turn- Empowered to 
pike Corporation be and hereby is authorized and empow- road* and route 
ered, under the direction of the Committee appointed by prescribed. 
the General Court to locate the route of the Turnpike 
from the Court House in Dedham to Pawtucket Bridge, 
so called, to lay out and make a Turnpike Road Com- 
municating with the former, Begining at the said Court 
House, and thence passing by Pitts head, so called, to the 
post oflSce in said Dedham, and running thence nearly 
northeasterly to a high rock easterly of the Widow Mary 
Draper's in Roxbury and thence near and by the House 
of the late John Davis deceased in said Roxbury and also 
near and by the Wheelwright's shop of Chenery 

and also near and by the barn of Thomas Weld and also 
through the land of Captain Joseph Williams southerly of 
his dwelling house to the end of Mears's lane so called in 



100 



Acts, 1802. — Chapter 59. 



Empowered to 
erect a turn- 
pike gate. 



Rxemptiona 
from toll. 



Rights and 
duties same as 
in a former act. 



said Roxbury near the House of the late Governor Sum- 
ner, and thence to the southerly side of the pavement 
near to the Brick School House in said Town of Roxbury 
— Which said Turnpike Road shall be at least twenty four 
feet wide in the made or travelled part thereof and shall 
be laid out from the said post office in Dedham to the 
aforesaid end of Mears's lane of the wedth of four rods, 
except in such places as the said Committee may other- 
wise order, but in no part between said post oflSce and the 
aforesaid end of Mears's lane to be less than three rods 
wide. 

Sect. 2. And be it further enacted, That when the 
said Turnpike Road shall be sufficiently made and shall be 
allowed and approved by the abovesaid Committee, then 
the said Corporation shall be authorized to erect one 
Turnpike Gate in such place as shall be necessary and 
convenient, and as the said Committee shall direct, sub- 
ject however to the provision herein after made. And 
the said Corporation shall then be entitled to receive the 
like rates of toll as in and by a certain Act entitled an 
Act establishing the Norfolk and Bristol Turnpike Corpo- 
ration may be demanded at each of the Gates therein 
allowed to be erected. Provided nevertheless that the 
said Turnpike Gate shall not be erected at any place on 
the present travel'd road, but at some place betweien the 
said post office in Dedham and the said end of Mears's 
lane in Roxbury on the said proposed new rout. — Pi'o- 
vided also that nothing- in this Act shall extend to entitle 
the said Corporation to demand toll of any person who 
shall be passing with his horse or Carriage to or from 
Public Worship, or with his horse or team to or from any 
Mill, or with his horse, team or Cattle to or from his com- 
mon labor on his farm, or on the common and ordinary 
business of family concerns within the same town, or any 
person passing on military duty. 

Sect. 3. Aiid he it further enacted, that the said Cor- 
poration be and hereby is vested with all the powers 
rights and privileges, and subjected to the same duties 
requisitions and limitations in respect to the Turnpike 
Road which the said Corporation is hereby authorized to 
make, as if the same had been expressly included in the 
aforesaid Act of Incorporation. 

Approved February 10, 1803. 



Acts, 1802. — Chapter 60. 101 

1803. — Chapter 60. 

[January Session, ch. 22.] 

AN ACT TO INCORPORATE JOHN CODMAN AND OTHERS INTO A 
COMPANY BY THE NAME OF THE SUFFOLK INSURANCE COM- 
PANY. 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the said John Codman aud corporate 
others, and all such persons as have already, or shall here- 
after become stockholders in the said Company, be, and 
hereby are incorporated into a Company and body politic 
by the name of The Suffolk Insurance Company, for, and 
during the term of twenty years after the passing of this 
act; and by that name may sue or be sued, plead or be 
impleaded, appear, prosecute, and defend to final judgment 
and execution ; and have a common seal, which they may 
alter at pleasure, and may purchase, hold, and convey any 
estate real or personal, for the use of said Company, sub- 
ject to the restrictions herein after mentioned. 

Sec 2d. And be it further enacted, That the capital Amount and 

Q1V1610D of 

stock of the said Company shall be divided into shares of capuai stock. 
one hundred dollars each, which shall be paid into the 
said Company in manner provided in the ninth section of 
this act ; and the whole number of shares shall be three 
thousand, and the whole capital stock, estate and property, 
which the said Company shall be authorized to hold shall 
never exceed three hundred thousand dollars exclusive of 
premium notes, and profits arising from the business of 
said Company ; of which capital stock, not more than 
twenty thousand dollars shall at any time be invested in 
real estate. 

Sec. 3d. And be it further enacted, That the stock, Directors and a 
property, affairs and concerns of the said Company, shall chosen. 
be managed and conducted by seven Directors, one of 
whom shall be President thereof, who shall hold their 
offices for one year, and untill others are chosen, and no 
longer, and who shall at the times of their election be 
stockholders, and citizens of this Commonwealth, and 
shall be elected on the second Monday of January in each 
and every year at such time of the day, and in such a 
place in the town of Boston, as a majority of the Directors 
for the time being shall appoint, of which election public 
notice shall be given in at least two of the newspapers 



102 



Acts, 1802. — Chapter 60. 



Mode of 
election. 



Directors to 
choose the 
president. 



Board of 
Directors and 
their powers. 



Secretary and 
clerks to be 
appointed. 



printed in the town of Boston, and continued for the 
space of ten days immediately preceeding such election ; 
and the election shall be holden under the inspection of 
three stockholders, not being Directors, and the election 
shall be made by ballot by a majority of the votes of the 
stockholders present, allowing one vote to each share in 
the capital stock ; provided that no stockholder shall be 
allowed more than thirty votes ; and the stockholders not 
present may vote by proxy under such regulations as the 
Company shall prescribe. And if through any unavoid- 
able accident the said Directors should not be chosen on 
the second Monday of January as aforesaid, it shall be 
lawful to chuse them on any other day, in the nianner 
herein prescribed. 

Sect. 4th. And be it further enacted, That the Di- 
rectors 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 dis- 
charge the duties of his office, and who shall preside for 
one year; and in case of the death, resignation or inabil- 
ity to serve, of the President or any Director, such vacancy 
or vacancies shall be filled for the remainder of the year 
in which they happen, by a special election for that pur- 
pose to be held in the same manner as herein before 
directed respecting annual elections for Directors. 

Sec. 5. And be it further enacted. That the President, 
and three of the Directors, or four of the Directors in the 
absence of the President, shall be a board competent for 
the transaction of business ; and all questions before them 
shall be decided by a majority of votes, and they shall 
have power to make and prescribe such bye laws, rules and 
regulations as to them shall appear needful and proper 
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 con- 
duct of the several Officers, Clerks and Servants employed, 
and the election of Directors, and all such matters as ap- 
pertain to the business of insurance ; and shall also have 
power to appoint a Secretary, and so many Clerks and 
servants for carrying on the said business, and with such 
salaries and allowances to them, and to the President, as 
to the said board shall seem meet ; provided that such 
bye laws, rules and regulations, shall not be repugnant to 
the Constitution or laws of this Commonwealth. 



Acts, 1802. — Chapter 60. 103 



Sec. 6th. And be it further enacted, That there shall stated meet- 
be stated meetings of the Directors, at least once in every 
month, and as often within each month as the President 
and Board of Directors shall deem proper ; and the Presi- 
dent, and a Committee of two of the Directors to be by 
him appointed in rotation shall assemble daily if need be, 
for the dispatch of business ; and the said Board of Di- f "fined? 
rectors or the Committee aforesaid, at and during the 
pleasure of said Board, shall have power and authority on 
behalf of the Company to make insurances upon vessels, 
freight, money goods and effects and against captivity of 
persons, and on the life of any person during his absence 
by sea ; and in cases of money lent upon bottomry and 
respondentia, and to fix the premiums and terms of pay- 
ment. 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 Direc- 
tors, and countersigned by the Secretary, and shall be 
binding and obligatory upon the said Company, and have 
the like effect and force as if under the seal of the said 
Company ; and all losses duly arising under any policy so 
subscribed may be adjusted and settled by the President 
and Board of Directors, and the same shall be binding 
on the Company. 

Sec. 7th. And be it further enacted, That it shall be semi-annuai 
the duty of the Directors on the first Monday of July and be^ade.* ° 
January in every year, to make dividends of so much of 
the interest arising from their capital stock, and the profits 
of the said Company, as to them shall appear adviseable ; 
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 Company. And in case of any in case of 
loss or losses, whereby the capital stock of the Company may lessen the 
shall be lessened before all the installments are paid in, <="?'*'»' ^'o""^- 
each proprietor or stockholder's estate shall be held ac- 
countable for the installments that may remain unpaid on 
his share or shares at the time of such loss or losses taking 
place, & no subsequent dividend shall be made, untill a 
sum arising from the profits of the business of the Com- 
pany equal to such diminution, shall have been added to 
the capital ; and that once in every three years, and 
oftener if required by a majority of the votes of the stock- 
holders, the Directors shall lay before the stockholders at 



104 



Acts, 1802. — Chapter 60. 



Investment of 
capital stock. 



Payments for 
stock. 



Directors of 
other companies 
not eligible. 



Shares and 
dividends 
liable to 
attachment. 



Proceedings in 
case of 
attachments. 



a general meeting, an exact and particular statement of 
the profits, if any there be, after deducting losses and 
dividends. 

Sec. 8th. And be it fuHlier enacted^ That the said 
Company shall not directly nor indirectly deal or trade in 
buying or selling any goods, wares, merchandize or com- 
modities whatsoever ; and the capital stock of said Com- 
pany after being collected at each instalment, shall within 
six months be invested either in the funded debt of the 
United States, or of this Commonwealth, or in the stock 
of the United States Bank, or of any incorporated Bank 
in this Commonwealth, in either or all of them, and in 
such proportions 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. 9th. And he 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 Company, 
and the remaining sum of fifty dollars on each share shall 
be paid in money within one year afterwards at such equal 
instalments and under such penalties, as the said Company 
shall direct. 

Sec. 10th. And he it further enacted, That no person 
being a Director of any other Company carrying on the 
business of marine insurance, shall be eligible as a Direc- 
tor of the Company by this Act established. 

Sec. 1 1th. And he it further enacted. That the prop- 
erty 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 bona fide creditor, in manner following, viz. 
Whenever a proper ofiicer, having a Writ of attachment or 
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, ascertain- 
ing the number of shares the said member holds in said 
Company, and the amount 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 at- 
tested copy of such writ of attachment or execution shall 



Acts, 1802. — Chapter 60. 105 

be left with the said Secretary, and such share or shares 
may be sold on execution after the 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 
Officer making such sale, within ten days thereafter to 
leave an attested copy of the execution with his return 
thereon, with the Secretary of the Company, and the ven- 
dee shall thereby become the proprietor of such share or 
shares, & entitled to the same, and to all the dividends 
which shall have accrued thereon after the taking in exe- 
cution as aforesaid ; or when there shall have been a pre- 
vious attachment, after such attachment, notwithstanding 
any intervening transfer. 

Sec. 12th. " And be it further enacted, That in case of SSfaWe 
any loss or losses taking place, that shall be equal to the for insurance 

., -iir-i • -\ /-^ II made in certain 

amount oi the capital stock oi the said Company, and the cases. 
President or 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 
the amount'of any and every loss that shall take place 
under policies so subscribed. 

Sec. 13th. And be it further enacted, That the Presi- ^^^^c.^tobe 
dent and Directors of said Company shall previous to their published 
subscribing to any policy, and once in every year 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. 

Sec. 14th. And be it further enacted. That the Presi- faKFo^rVthe^ 
dent and Directors of said Company shall when, and as legislature 
often as required by the Legislature of this Commonwealth 
lay before them a statement of the affairs of said Company, 
and submit to an examination concerning the same, under 
oath. 

Sec. 15th. And be it further enacted. That John Cod- First meeting. 
man, Thomas Amory, and David Sears, or any two of 
them, are hereby authorized to call a meeting of the mem- 
bers of said Company as soon as may be, in Boston, by 
advertizing the same for three weeks successively in two 
of the Newspapers printed in said town, for the purpose 
of their electing a first Board of Directors, who shall con- 
tinue in office untill the second Monday of January, one 
thousand eight hundred and four. 

Approved February 12, 1803. 



106 



Acts, 1802. — Chapter 61. 



Names of per- 
sons iucorpo- 
rated. 



Corporate 
Dame. 



Course of the 
road. 



1803. — Chapter 61. 

[January Session, ch. 23.] 

AN ACT TO ESTABLISH THE FIFTEENTH MASSACHUSETTS TURN- 
PIKE CORPORATION. 

Sec. 1st. Be it enacted hy the Senate and. House of 
Re2^resentatives , in Genei'al Court assembled, and by the 
authority of the same. That David Tracy, Richard Stevens, 
Orson Smith, Seth Morse, Elisha Andrews, Solomon Hart, 
John Hyde, Devenport Adams, Noah Church, Elijah Catlin, 
Zenas Hyde, William P. Stevens, Amos King, Seth Shel- 
den, John D. Taylor, Elias Taylor, Stephen Sage, Joshua 
Emraes, Abel Sage, Daniel Herrick, Amos Hall, Jacob 
Webster, Abner Webster, Abel Wilcox, Junr., William 
Wilcox, Micah Goodrich, Solomon Smith, Junr., Joseph 
Paine, Junr. , Richard Chapil, Daniel Sears, and Josiah Har- 
mon, and all such persons as shall associate with them, and 
their successors, shall be a Corporation by the name of The 
fifteenth Massachusetts Turnpike Corporation, with all the 
powers and priviledges incident to Corporations, for the 
purpose of laying out and making a turnpike-road from 
the termination of the turnpike- road leading from New 
Haven tp Massachusetts line at Southfield, near Sandy 
Brook, so called ; from thence, in the most convenient and 
direct rout, near to the dwelling-house of Stephen Sage, 
in Sandisfield, to the dwelling-house of Eliphalet Phelps, 
in New-Marl borough ; from thence, in the most conveni- 
ent and direct route, to the north meeting-house in said 
New-Marlborough ; from thence, in the most convenient 
route, to Noah Church's dwelling-house; from thence, in 
the most convenient route, to the dwelling-house of Samuel 
Kingman ; from thence, in the most convenient and direct 
route, to the river at the lower end of the meadow, near 
the dwelling-house of Solomon Hart ; from thence, in the 
most convenient route, between the dwelling-houses of 
David Tracy and Richard Stevens, to the top of three-mile 
hill in Great Barrington, between the dwelling-house of 
Seth Morse and the guide-board on the top of said hill ; 
from thence, in the most convenient and direct route, 'to 
the south line of Stockbridge, near the dwelling-house of 
Elisha Andrews ; and for keeping the same in repair ; 
which shall not be less than four rods wide, and the path 
to be travelled on not less than twenty-two feet wide in 



Acts, 1802. — Chapter 61. 107 

any place ; and that when said turnpike-road shall be 
sufficiently made, and shall be so allowed and approved 
by the Justices of the Court of Common pleas for the 
County of Berkshire at any term thereof, then the said 
Corporation shall be authorized to erect two oates on said Two gates may 
road, in such places as the Justices of the Court of Com- 
mon pleas in said County of Berkshire shall determine : 
Provided, that said gates shall not be placed on any pres- 
ent public road; & shall be entitled to receive, for each 
traveller and passenger, at each of said gates, the follow- 
ing rates of toll, viz. For every coach, chariot, phaeton tou. 
or other four wheel carriage, drawn by two horses, twenty- 
five cents, and if drawn by more than two horses, an 
additional sum of four cents for each horse ; for every 
cart or waggon, drawn by two oxen or horses, ten cents, 
and if drawn by more than two oxen or horses, the 
additional sum of three cents for each ox or horse ; — for 
every curricle twelve cents and five milles ; — for every 
chaise, chair or other carriage, drawn by one horse, twelve 
cents and five milles ; — for every man and horse five cents ; 

— for every sled or sleigh, drawn by two oxen or horses, 
seven cents, if drawn by more than two oxen or horses, 
an additional sum of two cents for each ox or horse ; — 
for every sled or sleigh, drawn by one horse, five cents; 

— for all horses, mules, oxen or neat cattle, led or driven, 
besides those in teams and carriages, one cent each — ; for 
all sheep or swine at the rate of three cents per dozen. 
Provided also, that the said Corporation may, if they see Proviso. 
fit, commute the rate of toll with any person, or with the 
inhabitants of any town through which the said road 
passes, by taking of him or them a certain sum annually, 

to be mutually agreed upon, in lieu of the toll aforesaid ; 
provided, that no toll shall be taken of any person pass- Exemptions. 
ing said road on military duty, to or from public worship, 
to or from any mill, or about his common and ordinary 
business within the town wherein he resides. 

Sec. 2d. Be it further enacted. That the said Corpo- corporation 
ration may purchase and hold lands over which they may TanT*^ 
make said road, and the Justices of the Court of General 
Sessions of the Peace for the County of Berkshire are 
hereby authorized, on application of said Corporation, to 
lay out said road or any part thereof, as, with the consent 
of said Corporation, they may think proper. And the 
said Corporation shall be liable to pay all damages that 



108 



Acts, 1802. — Chapter 61. 



Penalty for 

delaying 

passengers. 



Process for 
recovering 
penalty. 



The gates to be 
set open If road 
is not kept in 
repair. 



shall arise to any person by taking his land for such road, 
when the same cannot be obtained by voluntary agree- 
ment, to be estimated by a Committee of the Court of 
General Sessions of the Peace in the County of Berk- 
shire, saving to either party the right of trial by Jury, 
according to the law which makes provision for the re- 
covery of damages arising from the laying out of high- 
ways. 

Sec. 3d. Be it further enacted. That if said Corpora- 
tion, their toll-gatherers, or others in their employ, shall 
unreasonably delay or hinder any traveller or passenger at 
either of the said gates, or shall demand or receive more 
toll than is by this act established, the Corporation shall 
forfeit and pay a sum not exceeding ten dollars, nor less 
than one dollar, to be recovered before any Justice of the 
Peace of the County where the offence shall be committed, 
by any person injured, delayed or defrauded, in a special 
action on the case, the writ in which shall be served on 
the said Corporation, by leaving a copy of the same with 
their Treasurer, or with some individual member of the 
Corporation, living within the County wherein the action 
may be brought, or reading the contents thereof to said 
Treasurer or individual member, at least seven days be- 
fore the day of trial ; and the Treasurer of said Corpora- 
tion, or individual member, shall be allowed to defend the 
same suit in behalf of the Corporation ; & the said Cor- 
poration shall be liable to pay all damages which shall 
happen to any person, from whom toll is by this act de- 
mandable, for any injury which shall arise from defect of 
bridges or want of repairs within the same way ; and also 
be liable to a fine, on presentment of the Grand Jury, 
for not keeping the same, or the bridges thereon, in good 
repair. And if the said road, or any part thereof, shall 
be suffered to be out of repair, the Justices of the Court 
of Common Pleas, or a major part thereof, or a Commit- 
tee to be by them appointed for that purpose, may, after 
notice in writing served on the Clerk or Treasurer, or any 
other principal member of said Corporation, seven days 
before the time of hearing, order the said gates, or either 
of them to be set open, and immediately upon the service 
of such order, under the hands of said Justices or Com- 
mittee, on the Clerk of said Cor})oration, the said gate or 
gates shall be opened, and kept open, and no toll de- 
manded or taken thereat, until 1 the Justices of said 



Acts, 1802. — Chapter 61. 109 

Court, or said Committee, shall grant an order for put- 
ting up said gate or gates, and receiving the toll thereat. 

Sec. 4th. Be it further enacted, That if any person Penalty for 
shall cut, break down or destroy any of the said turnpike- o'r'forcfbiy'' 
gates, or shall forcibly pass, or attempt forcibly to pass gamT^'^^ 
the same, without having first paid the legal toll at such 
gate, such person shall forfeit and pay a fine not exceed- 
ing tifty dollars, nor less than two dollars, to be recov- 
ered by the Treasurer of said Corporation, to their use, 
in an action of trespass; and if any person shall, with Penalty for 
his cattle, team, carriage or horse, turn out of the said 
road to pass the said turnpike-gate on ground adjacent 
thereto, and again enter on said road, with intent to avoid 
the toll due by virtue of this Act, such person shall for- 
feit one dollar, to be recovered by the Treasurer of the 
said Corporation, to the use thereof, in an action of tres- 
pass on the case. 

Sec. 5th. Be it further enacted, That the shares in shares con- 
the same turnpike-road shall be taken, deemed and con- sonaTesute. 
sidered to be personal estate to all intents and purposes, 
and shall and may be transferable ; and the mode of 
transfering said shares, shall be by deed, acknowledged 
before any Justice of the Peace, and recorded by the 
Clerk of said Corporation in a book to be kept for that 
purpose. And when any of said shares shall be attached 
on mesne process, or taken in execution, an attested copy 
of such writ of attachment or execution shall be left with 
the Clerk of said Corporation, otherwise such attachment, 
or taking in execution, shall be void; and such shares 
may be sold on execution, in the same manner as is, or 
may by law be provided for the sale of personal property 
by execution ; the Officer making sale, or the Judgment- 
Creditor, leaving a copy of the execution, and the Offi- 
cer's return on the same, with the Clerk of the said Cor- 
poration within ten days after such sale, and paying for 
the recording of the same. 

Sec. 6th. Be it further enacted, That a meeting of First meeting. 
said Corporation shall be held at the house of Noah 
Church, Innholder in New-Marlborough, in the County 
of Berkshire, on the second Tuesday in April next, for 
the purpo!«e of choosing a Clerk, and such other Officers, 
as may then and there be agreed upon by the said Corpo- 
ration ; for regulating the concerns thereof ; & that the 
said Corporation may then and there agree upon such 



110 



Acts, 1802. — Chapter 61. 



Account of 
expense and 
annual returns 
to be submitted. 



Shares of 
delinquent 
proprietors may 
be sold. 



Signboard to 
be erected. 



Corporation 
may be dis- 
solved when 
Indemnified 
with interest. 



method of calling meetings in future as they may judge 
proper. 

Sec. 7th. Be it further enacted, That the said Corpo- 
ration shall, within six months after said road is completed, 
lodge in the Secretary's Office an account of the expenses 
thereof ; and that the said Corporation shall annually ex- 
hibit to the Governor & Council a true account of the 
income or dividend arising from the said toll, with their 
necessary annual disbursements on said road ; and that 
the books of said Corporation shall at all times be subject 
to the inspection of a Committee to be appointed by the 
General Court, or to the inspection of the Governor and 
Council when called for. 

Sec. 8th. Be it further enacted, That whenever any 
Proprietor shall neglect or refuse to pay any tax or as- 
sessment, duly voted and agreed upon by the Corpora- 
tion, to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of said Corpo- 
ration is hereby authorized to sell, at public vendue, the 
share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray said taxes and nec- 
essary incidental charges, after duly notifying, in some 
newspaper printed in the County of Berkshire, the sum 
due on any such shares, and time and place of sale, at 
least twenty days previous to the time of sale ; and such 
sale shall be a sufficient transfer of the share or shares so 
sold, to the person purchasing ; and on producing a cer- 
tificate of such sale from the Treasurer to the Clerk of 
said Corporation, the name of such purchaser, with the 
number of shares so sold, shall be by the Clerk entered 
on the book of the said Corporation, and such person 
shall be considered to all intents and purposes the pro- 
prietor thereof, and the overplus, if any there be, shall 
be paid, on demand, by the Treasurer, to the person 
whose shares were thus sold. 

Sec. 9th. Be it further enacted, That the said Cor- 
poration shall, at all places where the said toll shall be 
collected, erect & keep constantly exposed to view, a sign 
or board, with the rates of toll of all the tollable articles 
fairly and legibly written in large or capital characters. 

Sec. 10th. And be it further enacted. That the Gen- 
eral Court may dissolve said Corporation, whenever it 
shall appear to their satisfaction, that the income arising 
from the said toll, shall have fully compensated the said 



Acts, 1802. — Chapter 62. Ill 

Corporation for all monies they may have expended in 
purchasing, repairing and taking care of the said roads, 
together with an interest thereon at the rate of twelve per 
centum by the year, and thereupon the property of the 
said road shall be vested in this Commonwealth, and be at 
their disposal : Provided, that if the said Corporation 
shall neglect to compleat the said turnpike road for the 
space of three years from the passing of this act, the same 
shall become void and of no effect. 

Approved February 12, 1803. 

1803. — Chapter 63. 

[January Session, ch. 24.] 

AN ACT TO INCORPORATE WILLIAM KING AND OTHERS INTO A 
COMPANY BY THE NAME OF THE LINCOLN & KENNEBEC 
MARINE INSURANCE COMPANY. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, that William King and others, to- corporate 
gether with such persons as have already, or hereafter may °""^' 
become Stockholders in said Company, being Citizens of 
the United States, be, & hereby are Incorporated into a 
Company or body politic by the name of The Lincoln & 
Kennebec Marine Insurance Company, for and during 
the term of twenty years from the date of this Act ; and 
by that name may sue and be sued, plead or be impleaded, 
appear, prosecute and defend, to final Judgment and exe- 
cution, and have a common seal, which they may alter at 
pleasure, and may purchase, hold, & convey, any estate, 
real or personal, for the use of said company, subject to 
the restrictions herein after mentioned. 

Sect. 2. Be it further enacted, that a share in the Amount of 
Capital stock of the said Company shall be One hundred capital stock. 
Dollars, and the number of shares shall be Seven hundred 
and fifty, and if the said number of shares are not already 
filled, subscriptions shall be kept open, under the inspec- 
tion of the president and Directors of the said Company, 
until the same shall be filled ; and the whole capital 
Stock, estate or property, which the said Company shall 
be authorized to hold, shall never exceed Seventy-five 
thousand Dollars, exclusive of premium notes or profits 
arising from said business, of which Capital stock or prop- 
erty. Fifteen thousand Dollars only shall be invested in 
real estate. 



112 



Acts, 1802. — Chapter 62. 



Directors to be 
chosen. 



Mode of 
election. 



President to be 
chosen. 



Board of 
Directors. 



Sect. 3. Be it further enacted^ that the Stock, prop- 
erty, affairs, and concerns of the said Company, shall be 
managed & conducted by nine Directors, one of whom 
shall be the President thereof, who shall hold their Offices 
for one year, and until others shall be chosen, and no 
longer; which Directors shall, at the time of their elec- 
tion, be Stockholders & Citizens of this Commonwealth, 
and shall be elected on the first Tuesday in March, in 
each & every year, at such times of the day, & at such 
place in the town of Wiscasset, as a majority of the Di- 
rectors, for the time being, shall appoint, of which elec- 
tion, public notice shall be given, in at least two news- 
papers, one printed at Portland, & one printed at some 
Town adjoining Keunebeck River, and continued for the 
space of Fifteen days, immediately preceding such elec- 
tion ; — And such election shall be holden under the in- 
spection of three Stockholders, not being Directors, to be 
appointed previous to every election by the Directors, and 
shall be made by ballot, by a majority of Votes of the 
Stockholders present, allowing one Vote to each share in 
the Capital Stock ; Provided that no Stockholder shall be 
allowed more than twenty Votes ; And the Stockholders 
not present, may vote by proxy, under such regulations 
as the said company shall prescribe. And if in case of 
any unavoidable accident, the said Directors should, on the 
said first Tuesday in March, not be chosen as aforesaid, it 
shall be lawfull to choose them on another day, in manner 
herein prescribed. 

Sect. 4. Be it further enacted^ that the Directors, so 
chosen, shall meet as soon as may be after every election, 
& shall choose out of their body one person to be Presi- 
dent, who shall preside for one year, and be sworn faith- 
fully to discharge the duties of his office ; and in case of 
the death, resignation, or inability to serve, of the presi- 
dent or any Director, such vacancy or vacancies shall be 
filled, for the remainder of the year, in which they may 
happen, by a special election for that purpose to be held in 
the same manner as is herein before directed respecting 
annual elections for Directors and President. 

Sect. 5. Be it further enacted^ that the President and 
four of the Directors (or five of the Directors in the 
absence of the President) shall be a board competent to 
transact business, and all questions before them shall be 
decided by a majority of Votes ; and they shall have power 



Acts, 1802. — Chapter 62. 113 

to make & prescribe such bye-laws, rules, and regulations, 
as to them shall appear needful & proper, touching the 
management & disposition of the stock, property, estate, 
and effects of said company, and the transfer of the shares, 
and touching the duties & Conduct of the several officers, 
clerks, and servants employed, & the election of Directors, 
& all such matters as appertain to the business of Insur- 
ance ; and shall also have power to appoint a Secretary, & li^J^^^JhT^ 
so many clerks & servants, for carrying on the said busi- appointed, 
ness, & with such salaries and allowances to them, and to 
the President, as to the said Board shall seem meet : Pro- 
vided, that such bye-laws, rules & regulations, shall not 
be repugnant to the Constitution or laws of this Common- 
wealth. 

Sect. 6. Be it further enacted, that there shall be Meetings of 
stated meetings of the Directors, at least once in every 
month, & as often within each month as the President & 
Board of Directors shall deem proper ; and the President, 
and a Committee of three of the Directors to be by him 
appointed in rotation, shall assemble daily, if need be, for 
the dispatch of business ; and the said Board of Directors Business 
& the Committee aforesaid, at & during the pleasure of '^®'^°®''- 
the said Board, shall have power & authority, on behalf 
of the company, to make Insurance upon vessells, freight, 
money goods & effects, and against Captivity of persons, 
& on the life of any person during his absence by sea ; 
and in cases of money lent upon bottomry and respon- 
dentia ; and to fix the premiums and terms of payment ; 
& all polices of Insurance by them made, shall be sub- 
scribed by the President, or in case of his death, sickness, 
inability, or absence, by any two of the Directors, & 
Countersigned by the Secretary ; and shall be binding and 
obligatory upon the said company, and have the like effect 
and force, as if under the Seal of the said Company ; and 
the assured may thereupon maintain an action upon the 
case, against the said company ; and all losses, duly aris- 
ing under any Policy so subscribed, may be adjusted and 
settled by the President and Board of Directors, & the 
same shall be binding on the company. 

Sect. 7. Be it further enacted, that it shall be the semiannual 
duty of the Directors, on the first Tuesday of July & mlde!° 
January in every year, to make dividends of so much of 
the Interest arising from the Capital Stock, and the profits 
of the said company, as to them shall appear advisable ; 



114 



Acts, 1802. — Chapter 62. 



Ill case of re- 
duction of the 
capitnl Htock. 



Investment of 
capital stock 



Puyments for 

Btdck 



Shares liable to 
attachments. 



but the monies received & the notes taken for premiums 
on risques which shall be undetermined and outstanding 
at the time of making such dividends, shall not be con- 
sidered as part of the profits of the Company ; and in 
case of any loss or losses, whereby the Capital Stock 
of the Company shall be lessened, each Proprietor's or 
Stockholder's estate, shall be held accountable for the de- 
ficiency that may be due on his share or shares, at the 
time of said loss or losses taking place, to be paid into 
the said Company by assessments, or such other mode, 
and at such time or times, as the Directors shall order ; 
and no subsequent dividend shall be made, until a sum 
equal to such diminution shall have been added to the 
Capital ; & that once in every two years, and oftener if 
required by a Majority of Votes of the Stockholders, the 
Directors shall lay before the Stockholders, at a general 
meeting, an exact and particular statement of the profits, 
if any there be, after deducting losses & dividends. 

Sect. 8. Be it further enacted, that the said Company 
shall not directly or 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, within ninety 
Days, be invested either in the Funded Debt of the 
United States, or of this Commonwealth, or in the Stock 
of the United States Bank, or of any incorporated Bank 
in this Commonwealth, at the discretion of the President 
& Directors of said Company, or of other Ofiicers which 
the Proprietors shall for such purpose appoint. 

Sect. 9. Be it further enacted, that Fifty Dollars on 
each share in the said Company shall be paid within Sixty 
days after the first meeting of the said Company, and the 
remaining sum due on each share, within one year after- 
wards, at such equal instalments, and under such penal- 
ties, as the said Company shall direct, and no transfer of 
any share in said Company shall be permitted or be valid, 
until all the Instalments on such shares shall have been 
paid. 

Sect. 10. Be it further enacted, that the property of 
any member of said Company, vested in the Stock of said 
Company, shall be liable to attachment, & to the payment 
and satisfaction of his just debts, to any of his bona fide 
creditors, in manner following, to wit: in addition to the 
summons by Law prescribed to be left with the defend- 



Acts, 1802. — Chaptek 62. 115 

ant, a like summons shall be left with the Secretar_y of 
said Company, the Debtor's shares in the said Company's 
funds, together with the Interest and profits due, or grow- 
ing due thereon, or so much thereof as shall be sufficient, 
shall therby be held to respond said suit according to 
Law; and all transfers of the Debtors shares, not noted 
in the books of the Company previous to the delivery of 
such summons, shall be barred thereby; and execution PioceedingB in 
may be levied upon the Property of any Stockholder in mlnt?^ ""*"'''" 
said Company, and his share or shares therein exposed 
to sale, in the same manner as is by Law prescribed, 
where personal estate is taken in execution ; and it shall 
be the duty of the Officer who extends such execution, to 
leave an attested copy thereof, with his doings thereon, 
with the Secretary of said Company, & the purchasers 
shall thereupon be entitled to the reception of all divi- 
dends and Stocks which the debtor was previously enti- 
tled to. And upon any attachment being made, or 
execution levied, on any shares in said Company, it shall 
be the duty of the Secretary of said Company to expose 
the books of the Company to the Officer, and to furnish 
him with a certificate, under his hand in his Official ca- 
pacity, ascertaining the number of shares the debtor 
holds in the said Company, and the amount of the divi- 
dends due thereon. 

Sect. 11. Be it further enacted, that in case of any President and 
loss or losses taking place, that shall be equal to the f^Mnsuranci''*' 
amount of the Capital stock of the said company, and [|^fn ciees!'^ 
the President or Directors, after knowing of such loss or 
losses taking place, shall subscribe to any Policy of In- 
surance, their estates, jointly & severally, shall be ac- 
countable for the amount of any & every loss that shall 
take place under policies thus subscribed. And that no 
person, being a Director of any Company carrying on the 
business of Marine Insurance, shall be eligible as a Di- 
rector of the Company by this act established. And 
should a Majority of the Stockholders, at a meeting noti- 
fied for the purpose, determine that their interest will in 
their opinion be promoted by a removal to Bath, in said 
County of Lincoln, they are hereby authorised to remove 
to the said town of Bath, & at that place transact their 
concerns as is provided for by this act at Wiscasset. 

Sect. 12. Be it further enacted, that the President & ^"r&ctobe 
Directors of the said Comyjany shall, ijrevious to their pubusiied 

^ "^ ' ^ annually. 



116 



Acts, 1802. — Chapter 63. 



statement to 
be laid before 
the legislature 
when required. 



First meeting. 



subscribing to any Policy and once in every year after, 
publish, in two newspapers, one printed at Portland & one 
printed at some town adjoining on Kennebec River, the 
amount of their Stock, against what risque they mean to 
insure, and the largest sum they mean to take on any one 
risque. 

Sect. 13. Be it further enacted, that the President & 
Directors of the said Company shall, when and as often 
as required by the Legislature of this Commonwealth, lay 
before them a statement of the aifairs of said Company, 
& submit to an examination concerning the same under 
Oath. 

Sect. 14. And be it further enacted, that any four of 
the Stockholders are hereby authorised to call a meeting 
of the members of said Company, as soon as may be, in 
Wiscasset, by advertising the same, for three Weeks suc- 
cessively, in one news paper printed at Augusta & in 
Jencks's paper Printed at Portland. 

Approved February 12, 1803. 



1803. — Chapter 63. 

[January Session, eh. 25.] 

AN ACT TC^REGULATE THE TAKING OF THE FISH CALLED ALE- 
WIVES IN JOHNSTONS BROOK SO CALLED, EMPTYING INTO 
MERRIMACK RIVER, IN THE TOWN OF BRADFORD, AND FOR 
CLEARING THE PASSAGE WAY OF SAID FISH, FROM SAID 
MERRIMACK RIVER, TO JOHNSTON'S POND, & FROM THENCE 
TO LITTLE POND SO CALLED. 

Sect. 1. Be it Enacted by the Senate & House of Rep- 
resentatives, in General Court assembled, & by the au- 
where the fish (Jiority of the Same, that from and after the passing of 
this Act, the said Fish may be taken between where the 
said Johnston's brook, crosses the Road, near Benjamin 
Morse's & Carlton's Grist Mill dam, and in no other place 
in said brook or passage way, from Merrimack River to 
Little Pond so called, and on such days only, as are 
allowed by Law, for catching fish in Merrimack River ; and 
on such of those days, and in such place or places, within 
those limits, as a Committee, who may be appointed by 
the town, as is herein after provided, may direct. 

Sect. 2. And be it further enacted, that the Inhabi- 
tants of the town of Bradford, at their meeting for the 
choice of town officers in March or April annually, be & 



may be taken. 



Fish committee 
to be chosen. 



Acts, 1802. — Chapter 63. 117 

they are hereby authorized and empowered, to choose by 
ballot three or five persons, being freeholders in said 
Town, a Committee to oversee the taking of the said fish 
as aforesaid, which Committee shall be sworn to the 
faithful discharge of their Trust, and shall distribute the 
fish taken by them, or under their direction, as equally 
as circumstances will admit, to such of the Inhabitants of 
the said town, or other persons, as may apply for the 
same. And for Fish so supplied & delivered, the Com- 
mitee aforesaid shall demand and receive of the person 
or persons applying therefor, payment at such rate or 
rates, as the Inhabitants of said town, at their annual 
meeting in March or April may direct ; excepting of such certain poor 
poor persons, as shall be named in a list, to be annually fiah^gratu.^*'^ 
made out by the Selectmen of the town, and who in the 
opinion of said Selectmen, are unable to pay for the same, 
which list shall be given to the Committee, & the person 
or persons borne on said list shall be supplied, with such 
quantities of said Fish gratis, as the committee may think 
expedient. And the Committee aforesaid shall have such committee to 
allowance for their services, as the Inhabitants of said ^'^p*'**- 
town, in open town meeting may determine ; and shall 
annuall}^ in the month of September next after their ap- 
pointment, exhibit their Accounts, to the Selectmen for 
Settlement, and pay the ballance, if any there is, into the 
Town Treasury, for the benefit of the said town. 

Sect. 3. And be it further enacted^ that the Commit- committee may 
tee to be chosen as aforesaid, or the major part of them, way°.*""^^ 
be & they are hereby authorized to clear any obstructions, 
or open any dam, or the Sluice of any Mill, or other water 
works, that is or may be erected on, or over said brook 
or passage way, at the expence of the owner or owners 
of such dam or sluice way. Provided such owner or 
owners shall neglect to open the same, when thereto re- 
quired by said Committee, or the major part of them, as 
aforesaid ; and the dam or sluice way so opened, shall 
continue open to such width and depth, and for such 
length of time, (not exceeding Sixty days in one year) as 
said Committee, or the major part of them, may think 
necessary, with the least possible damage to the proprie- 
tor, or proprietors of such Mill or water works. And if Penalty for 
any person or persons shall obstruct the passage ways paesage-ways. 
allowed or ordered by the said Committee, or the major 
part of them, in any dam or sluice way, or shall obstruct 



118 



Acts, 1802. — Chapter 63. 



Penalty for 
illegally taking 
the fleb. 



Committee 
not to be con- 
sidered tres- 
passers. 



Persons to ac- 
count for fish 
found in their 
possession. 



Parents, &c. 
accountable 
for minors. 



Committee to 
prosecute. 



the passage of the said fish, in any other part of said 
brook or passage way, than is permitted by this act, such 
person or persons so offending, shall forfeit & pay a sum 
not exceeding One hundred & fifty Dollars, nor less than 
Thirty Dollars. 

Sect. 4. And be it further Enacted, that if any person 
or persons, other than the Committee, or such person or 
persons, as shall be by them employed, shall take any of 
said Fish, in said Brook or passage way, or any part of it, 
at any time, or by any ways or means whatsoever, each 
person so offending, shall forfeit & pay a sum not exceed- 
ing Seven Dollars, and not less than four Dollars, for each 
oflence. 

Sect. 5. And be it further Unacted, that the Commit- 
tee chosen as aforesaid or either of them, or any person 
employed by them, shall have authority for the purposes 
aforesaid, to go on the land or meadow of any person, 
through which such brook or passage way passes, without 
being considered as trespassers ; and any person who shall 
molest or hinder said Committee, or any of them, or any 
person employed by them in the execution of their duty, 
shall be subject to the same penalties as by this Act, is 
incurred, for placing obstructions on said Brook or pas- 
sage way. 

Sect. 6. And be it further enacted, that if the Com- 
mittee or either of them, shall detect any person or per- 
sons, in attempting to take any of said Fish, at any time 
or place, or in any manner, otherwise than is allowed by 
the said Committee, or shall find any such Fish with such 
person or persons, they shall be cbnsidered and deemed, 
to have taken such Fish unlawfully, & shall be subject to 
the penalties of this act accordingly, unless such person 
or persons, can make it appear (on trial) that they came 
by said Fish in some other way. 

Sect. 7. And be it further enacted, that if any minor 
or servant shall be found taking any of said Fish, in any 
wise contrary to this act, or contrary to the rules or regu- 
lations of said town of Bradford, or their Committee as 
aforesaid, the Parents, Guardians, or masters of such minors 
or servants, shall be held to pay all fines incured by them, 
for any breach of this act, or the rules & orders of the 
town aforesaid. 

Sect. 8. And be it firther enacted, that it shall be 
the duty of the Committee of the town, chosen as afore- 



Acts, 1802. — Chapter 64. 119 

said, and of the selectmen to prosecute for any breach of 
this Act, and all prosecutions on this act shall be brought 
in the name of the Town Treasurer for the time being, & 
all fines or forfeitures recovered thereby, shall accrue, 
one moiety to the complainant and the other moiety to 
the use of the Town. 

Sect. 9. And be it further enacted^ that no person wunceses. 
shall be considered as disqualified from being a witness 
on any trial that may be had pursuant to this act, on 
account of his belonging to the Town of Bradford. 

Approved February 12, 1803. 



1803. — Chapter 64. 

[January Seseion, ch. 26.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO IN- 
CORPORATE A NUMBER OF THE INHABITANTS OF THE SOUTH- 
WESTERLY PART OF PETERSHAM & THE NORTHWESTERLY 
PART OF HARD WICK IN THE COUNTY OF WORCESTER, AND 
THE NORTHEASTERLY PART OF GREENWICH IN THE COUNTY 
OF HAMPSHIRE, INTO A TOWN BY THE NAME OF DANA." 

Whereas it has been represented to the Legislature, by Preamble. 
the said Toivns of Petersham and Dana, that some part of 
the boundary line between said Towns, as described in 
said Act, is inaccurate, uncertain, and different from what 
the Parties intended, whereby difficidties and disputes may 
arise. Therefore 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, that from and after the passing of Boundmi.' 
this Act, the boundary line between said Towns of Peters- 
ham & Dana running westerly from three-penny Morris 
Hill, so called, shall run as follows Vizt. beginning at a 
Maple tree on the Eastern declivity of said Hill & run- 
ning North one hundred & twenty eight rods to the road 
leadino; from said Petersham to Dana, thence West 
thirty four degrees South on the South side of said 
Road twenty rods and an half, thence South thirty four 
degrees West ten rods, thence West nine degrees South 
eight rods, thence West four degrees south twenty five 
rods to a Walnut tree on the south side of said road, 
thence north crossing the road two rods to a large Rock, 
thence west sixteen degrees south eighteen rods, thence 
West twenty nine degrees South sixteen rods to an Oak- 



120 Acts, 1802. — Chapter 64. 

tree ; thence North, forty-two degrees West, twenty eight 
rods to the line of Seth Williams's land, thence north 
twenty seven degrees East two hundred & forty rods to 
the northeast corner of said Williams's land, thence West 
fourteen degrees North sixty four rods, thence north 
thirty two degrees West fifty eight rods to the road, 
thence south fourteen degrees West on the East side of 
said road thirty four rods, thence West twenty five de- 
grees south three rods across said road to a corner of 
Elijah Hildreths' land thence on the south line of said 
. Hildreths' land eighty seven rods, thence North thirty 
degrees West fourteen rods to a corner of said Williams's 
land, thence south twenty eight degrees West fifty two 
rods on the line of said Williams's land, thence North 
thirty One degrees West forty nine rods, thence North 
thirty two degrees East ten rods, thence north five de- 
grees West twenty two rods, thence South thirty four 
degrees West, Eighty four rods to a Corner of said Wil- 
liams's land, thence West thirty degrees north, eighty six 
rods to Jonathan Sanderson's land thence South thirty 
degrees West fifty six rods, thence West twenty two de- 
grees North One mile & Sixty eight rods to the east line 
of Joseph Hendrick's land, thence North four degrees 
West Seventy six rods on said Hendrick's line to the 
Northeast Corner of his land, thence West four degrees 
South twenty rods, thence north five degrees west 
sixty rods, thence West sixteen degrees North twenty 
three rods to George Hatstralls' land a corner, thence 
south fifty two rods to a White Oak tree, thence West 
three degrees north thirty rods to the east line of Daniel 
Bigelow's land, thence south six degrees West One hun- 
dred & forty six rods to a Corner of Daniel Gould's land, 
thence North thirty six degrees West, two hundred & 
four rods to a pine tree, thence west thirty seven degrees 
south, twenty eight rods to a corner of Alpheus Crowl's 
land, thence North thirty seven degrees west One hun- 
dred and fifty One rods to New Salem line, thence West 
thirty seven degrees south on New Salem line ninety 
rods to the original South-westerly corner of said Peters- 
ham, any thing in the aforesaid Act to the Contrary not- 
withstanding. Ajiproved February 12, 1803. 



Acts, 1802. — Chapteks 65^ 66. 121 

1802. — Chapter 65. 

[January Session, ch. 27.] 

AN ACT IN AMENDMENT OF AN ACT, ENTITLED "AN ACT TO 
PRESERVE AND REGULATE THE TAKING OF FISH CALLED 
ALEWIVES AT NEGUASSET FALLS, SO CALLED, WITHIN THE 
TOWN OF WOOLWICH IN THE COUNTY OF LINCOLN," PASSED 
THE FIRST DAY OF MARCH ONE THOUSAND EIGHT HUNDRED. 

Sec. 1st. Be it enacted hy the Senate and House of 
Rej)resentatives in General Court assembled, and by the 
authority of the same, That the fish committee in the town Fish committee 
of Woolwich provided in the Act to which this is in addi- iCmbTr7&o. 
tion, shall have full power, and it shall be their duty to 
remove all logs, boards, slabs or other lumber from the 
passage way of said Ale wives, from the waters at, above, 
or below the said Falls at Neguasset, if such lumber shall 
in the judgment of the said Committee, tend in any way 
to obstruct the free passage of said fish up or down the 
said Falls at Neguasset, & all such removals shall be at 
the expense of the said town of Woolwich. 

Sec. 2d. And be it further enacted, That if any per- Penalty for 
son whomsoever, except the purchaser or purchasers, or the^flshV" '°^ 
such other person as shall be duly authorized by the said 
town of Woolwich, at their annual meeting in the month 
of March or April, shall take any of said Alewives at 
Neguasset Falls, or within half a mile above or below 
the said Falls, or in the pond or stream leading thereto, 
he or they shall forfeit and pay for every fish so unlaw- 
fully taken, a fine not exceeding ten cents, nor less than 
three cents. Approved February 12, 1803. 

1802. — Chapter 66. 

[January Session, ch. 28.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT ESTAB- 
LISHING THE FIFTH MASSACHUSETTS TURNPIKE CORPO- 
RATION. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the proprietors of the fifth ^j.""^^*"^'"' 
Massachusetts Turnpike Corporation be, and they are 
hereby authorized and empowered to make and extend 
their road from Athol through the west part of Royalston 
to the line of the State of New Hampshire at Richmond, 
where the new County road is now laid out. 



122 



Acts, 1802. — Chapter 66. 



Toll estab- 
lished. 



Penalty for 
evading the 
toll. 



Corporation 
may vote 
moDiee for cer- 
tain purposes. 



Sec. 2d. And he it further enacted hy the authority 
aforesaid, That whenever the road as aforesaid from Athol 
to Richmond shall be made and accepted by a Committee 
to be appointed for that purpose by the Court of General 
Sessions of the peace in and for the County of Worcester, 
that then the proprietors of said Corporation shall be al- 
lowed to take and receive at the present erected gates, the 
following rates of toll, viz. For every coach, phaeton, or 
other four wheel carriage drawn by two horses, twenty 
five cents, and for each additional horse, six and one 
quarter of a cent — For each cart or waggon drawn by two 
oxen or horses, twelve and one half cents, and for each 
additional ox or horse six and one quarter of a cent — For 
each curricle sixteen cents — For each chaise chair or 
sulkey drawn by one horse, twelve and one half cents — 
For every sleigh or sled drawn by two oxen or horses, ten 
cents, for each additional horse or ox four cents — For 
each man and horse, six and one quarter of a cent, — For 
each sleigh sled or cart drawn by one horse seven cents 
— For all cattle, horses or mules led or driven, one cent 
each ; and for all sheep or swine three cents by the dozen : 
Provided nevertheless, that nothing in this Act, or the Act 
to which this is an addition, shall extend to entitle said 
Corporation to demand or receive at their gate in Athol, 
toll of any person traveling with his horse, team, carriage 
or cattle on the old road leading from Petersham to Royal- 
ston meeting house, nor of any person traveling as afore- 
said on said road, who shall not exceed the limits of the 
town of Athol : Provided also that said Corporation shall 
be under the same restrictions respecting all persons 
traveling as aforesaid on said new County road, untill the 
same is made into a turnpike and accepted as aforesaid. 

Sec. 3d. And he it further enacted. That if any person 
under pretence of traveling on the old road leading from 
Petersham to Royalston meeting house, or of not exceed- 
ing the limits of the town of Athol, or of traveling on the 
new County road according to the provision in this act, 
with an intent to avoid paying toll, and shall thereby 
evade paying the same, and travel on the turnpike road 
contrary to said provision, he shall forfeit and pay to the 
proprietors of said Corporation, the sum often dollars. 

Sec. 4th. And he it further enacted. That the pro- 
prietors of said Corporation, at any meeting notified for 
that purpose, may vote and appropriate such sum or sums 



Acts, 1802. — Chapter 67. 123 

of money as they may think necessary for making or re- 
pairing any road or bridge leading into the turnpike road. 

Approved February 12, 1803. 

1803. — Chapter 67. 

[January Session, ch. 29.] 

AN ACT TO ESTABLISH THE SIXTEENTH MASSACHUSETTS TURN- 
PIKE CORPORATION. 

Sec. 1. Be it enacted hy the Senate arid House of 
Representatives in General Court assembled, & hy the 
AutJiority of the same, That Timothy Robinson, Titus Names of per- 
Fowler, John Phelps, Natha. Bates, Enoch Bancroft, ?at°eV."'^°'^^° 
Oliver Dickinson, Moses Parsons, Israel Parsons, Ezra 
Baldwin, Peras Marshall Junr., Stephen Dodge, Chauncey 
B. Fowler, William Moore, Ephraim A. Judson, William 
Granger, Elihu Granger, Drake Mills, Elijah Deming, 
George W. Stores, Nicholas Ayrault, Sanford Brown, 
Samuel Chamberlin, Isaac Lee, William P. Stevens, Elia- 
kim Hull, Jonathan Kilborn, Jabes Bozworth, Freman 
Smith, John Manley, Asa Sheldon, Junr., Zenas Hyde, 
John Brigham, Elijah Catlin, John Dodge, Noah Church, 
James Sprague, & all such persons as shall associate with corporate 
them, and their successors, shall be a Corporation by the 
Name of The Sixteenth Massachusetts Turnpike Corpora- 
tion, with all the powers and privileges incident to Cor- 
porations, for the purpose of laying out and making a 
Turnpike-Road, from the West line of West-Springfield, ^^r''^'''** 
in the County of Hampshire, near a chesnut tree Marked, 
about seventy rods Eastward of Moses Hays, Junr's. 
dwelling-House, in Southwick ; thence Westward, in the 
most convenient route, to Edmund Barlow's Dwelling- 
House, in Granville ; thence Westward, in the most con- 
venient route, to the middle and West Parish Meeting- 
Houses in said Granville ; from thence, in the most 
convenient route, to the dwelling-House of Sanford Brown, 
in Sandisfield, in the County of Berkshire; from thence, 
in the most convenient route, to the Meeting-House in 
said Sandisfield ; from thence Westward, in the most con- 
venient route, to the West line of said Sandisfield, near a 
large Gate in front of Jabez Bosworth's dwelling-House ; 
from thence, in the most convenient route, to the Turn- 
pike-Road leading from Hartford to Hudson, near the 
Meeting-House in Sheffield ; and for keeping the same in 



124 Acts, 1802. — Chapter 67. 

repair ; which road shall not be less than four rods wide 
in any place, and the path to be travelled on not less than 
eighteen feet wide ; and that when said Turnpike-road shall 
be sufficiently made, and shall be secured with railing in 
dangerous places, and shall be so allowed & approved 
by the Justices of the Courts of Common Pleas for the 
County of Hampshire & Berkshire, at any term thereof, 
Four gates to be then the. Said Corporation shall be authorized to erect two 

erected* 

Gates in the County of Hampshire, and two Gates in the 
County of Berkshire, on the same, in such places as the 
Justices of the Courts of Common Pleas, in said Counties 
of Hampshire & Berkshire, shall determine, and shall be 
entitled to receive, for each traveller and passenger, at 
Toiieetab- each of Said gates, the following- rate of Toll, vizt. for 

liBxied.. o ■^ o ' 

every Coach, phaeton, chariot or other four-wheel car- 
riage, drawn by two horses, twenty-five Cents, and if 
drawn by more than two horses, an additional sum of 
four cents for each horse ; — for every Cart or Waggon, 
drawn by two Oxen or horses, ten Cents ; and if drawn 
by more than two Oxen or horses, the additional sum of 
three Cents for each Ox or horse ; — for every curricle 
twelve Cents & five Milles ; for every Chaise, Chair or 
other Carriage, drawn by One horse, twelve Cents & five 
Milles ; for every man & horse five Cents ; for every Sled 
or Sleigh, drawn by two Oxen or horses, seven Cents, & 
if drawn by more than two Oxen or horses, an Additional 
sum of two Cents for each Ox or horse ; for every Sled 
or Sleigh, drawn by one horse, five Cents ; for all 
horses. Mules, Oxen or neat Cattle, led or driven, besides 
those in teams and Carriages, One cent each ; for all 
Sheep or Swine at the rate of three Cents per dozen ; 
And whenever the said Turnpike-Road is made & com- 
pieated from the said West line of West Springfield to 
the Meeting-House in Sheffield, or any ten miles thereof, 
and approved by a Committee appointed by the Courts of 
General Sessions of the Peace for the respective Counties 
of Hampshire & Berkshire for that purpose, then the said 
Corporation shall be authorized to erect a Gate on the 
same, in such place as the said Committee shall judge 
necessary and convenient for collecting the toll, and shall 
be entitled to receive thereat, from each traveller or pas- 
senger, the same rate of Toll as heretofore expressed ; 
Provided, that if said Corporation shall neglect to finish 
and Compleat the whole of said road within the time 



Acts, 1802. — Chapter 67. 125 

herein after prescribed by this Act, then the said first 
mentioned Gates shall be removed ; Provided also, that Proviso. 
the Corporation may, if they see fit, commute the rate of 
Toll with any person or the Inhabitants of any town 
through which the said road passes, by taking of him or 
them a certain sum annually to be mutually agreed upon 
in lieu of the Toll aforesaid. 

Sec. 2. And be it further enacted, that the said Cor- corporation 

1 111111 1'ij.i liable for dam- 

poration may purchase and hold lands, over which they ages in taking 
may make said Road ; and the Justices of the Courts of 
General Sessions of the Peace in the Counties where the 
said road is, are hereby Authorized, on application of said 
Corporation, to lay out said Road or any part thereof, 
within their respective Jurisdictions, as, with the consent 
of said Corporation, they shall think proper: and the 
said Corporation shall be liable to pay all damages that 
shall arise to any person by taking his land for such road, 
when the same cannot be obtained by voluntary agree- 
ment, to be estimated by a Committee of the Court of 
General Sessions of the Peace in the County where such 
damage shall arise, saving to either party the right of 
trial by Jury, according to the Law, which makes provi- 
sion for the recovery of damages arising from the laying 
out of Highways. 

Sec. 3. And be it further enacted, that if the said deTay&^°'^ 
Corporation, their Toll-gatherers, or others in their em- passengers. 
ploy, shall unreasonably delay or hinder any traveller or 
passenger at either of said Gates, or shall demand or re- 
ceive more toll than is by this Act established, the Cor- 
poration shall forfeit & pay a sum not exceeding ten 
dollars, nor less than One dollar, to be recovered before 
any Justice of the Peace of the County where the ofience 
shall be committed, by any person injured, delayed or de- 
frauded, in a Special Action of the case, the writ in 
which case shall be served on said Corporation by leaving 
a Copy of the same with the Treasurer or any individual 
member, at least seven days before the day of trial ; and 
the Treasurer of said Corporation, or any individual 
member, shall be allowed to defend the same suit in be- 
half of said Corporation ; and the said Corporation shall 
be liable to pay all damages that shall happen to any per- 
son from whom the toll is demandable, from defect of 
Bridges, or want of repairs in said road, and shall also be 
liable to presentment by the Grand Jury for not keeping 



126 



Acts, 1802. — Chapter 67. 



Gates to be set 
open if the road 
is not kept in 
repair. 



Penalty for in- 
juring the road 
and for evading 
the toll. 



Shares con- 
sidered personal 
estate. Mode 
of transfer and 
of attachment. 



the same in Repair; And if the said road, or any part 
thereof, shall be suffered to be out of Repair, the Justices 
of the Court of Common Pleas, within and for the 
County wherein the same may lie, or a major part of 
them, or a Committee to be appointed for that purpose by 
said Justices, are hereby authorized to Order said Gates, 
or either of them, to be set open, said Justices or their 
Committee having previously notified the Clerk of said 
Corporation of complaint having been made of the bad- 
ness of said road at least ten days previously to the or- 
dering them to be set open ; and immediately upon the 
leaving such order, in Writing, under the hands of said 
Justices or their Committee, with the Clerk of the Corpo- 
ration, the said Gate or Gates shall be Opened, and no toll 
shall be legally demandable, or taken thereat, until the said 
Justices or their Committee shall grant a Counter order. 

Sec. 4. And be it further Enacted^ that if any person 
shall cut, break down, or otherwise destroy or injure 
either of the said Turnpike-Gates, or shall dig up, or 
carry away, any earth from said road, or any way dam- 
age the same, or shall forcibly pass, or attempt to pass, 
by force, either of said Gates, without having first paid 
the legal toll at such gate, such person shall forfeit & pay 
a fine not exceeding forty dollars, nor less than two dol- 
lars, to be recovered by the Treasurer of said Corporation 
to their Use, in an Action of trespass on the Case. And if 
any person, with his Team, Cart or horse, turn out of 
said road to pass either of the Gates, and again enter the 
said Road, with an intent to evade the toll due by virtue 
of this Act, such person shall forfeit and pay One dollar, 
to be recovered by the Treasurer of the Corporation to 
the use of the same in an action of trespass on the Case : 
Provided, that nothing in this Act shall extend to entitle 
the said Corporation to demand and receive toll from any 
person or persons, who shall be passing with his horse or 
Carriage to or from Public Worship, or with his horse, 
team or Cattle to or from his Common labour on his farni, 
or to or from any grist Mill, or on the common and ordi- 
nary business of family concerns within the same town, 
or from any person or persons passing on Military duty. 

Sec. 5. Be it further enacted. That the shares in the 
said Turnpike-road shall be taken, deemed & considered 
to be personal estate to all intents and purposes ; and 
shall and may be transferable ; and the mode of transfer- 



Acts, 1802. — Chapter 67. 127 

ing said Shares shall be by deed, acknowledged before 
any Justice of the Peace, and recorded by the Clerk of 
the Corporation in a book to be kept for that purpose ; 
And when any share shall be attached on mesne process, 
or taken on Execution, an attested copy of such Writ of 
Attachment or Execution, shall be left with the Clerk of 
the Corporation, otherwise the Attachment or taking in 
Execution shall be void ; and such shares may be sold on 
Execution in the same manner as is or may by Law be 
provided for making sale of personal property on Execu- 
tion, the Officer making the Sale, or the Judgment-Credi- 
tor leaving a Copy of the Execution and the Officers 
return on the same, with the Clerk of the said Corporation 
within fourteen days after such sale, and paying for the 
recording of the same, shall be deemed and considered as 
a sufficient transfer of such Share or Shares in the said 
Turnpike Road. 

Sec. 6. Be it further Enacted^ that the said Corpora- corporation to 
tion is hereby impowered to grant monies to such persons fen°a'irperIon°. 
as rendered services to the proprietors in exploring the 
route of the turnpike-road, or otherwise, previous to this 
Act of incorporation. 

Sec. 7. Be it further Enacted, that a meeting of said ^jJ^.'^'Skfo? 
Corporation shall be held at the House of Titus Fowler, officers, &c. 
Esqr. in Granville, on the second Monday in May next, 
for the purpose of chusing a Clerk and such other Officers 
as may then & there be agreed upon by the said Cor- 
poration, for regulating the concerns thereof; and that the 
said Corporation may then & there agree upon such method 
of calling meetings in future, as they may judge proper. 

Sec. 8. Be U further enacted. That the said Corpora- An account of 
tion shall, within six months after the said Road is Com- and annual 
pleted, lodge in the Secretary's Office an account of the gub"mmed. ^ 
cxpences thereof, and shall also annually exhibit to the 
Governour & Council a true account of the income or 
dividend arising from said toll, with their necessary an- 
nual disbursements on said road, and that the books of 
said Corporation shall at all times be subject to the in- 
spection of a Committee to be appointed by the General 
Court, or to the inspection of the Governour & Council 
when called for. 

Sec. 9. Be it further Enacted, That whenever any shares of 

. , 1 n 1 J c I j_ delinquent pro- 

proprietor shall neglect or refuse to pay any tax or assess- prietorstobe 

ment, duly voted and agreed upon by the corporation, to *°''*' 



128 



Acts, 1802. — Chapter 68. 



Signboard to 
be erected. 



Corporation 
may be die- 
solved when 
Indemnitted 
with interest. 



their Treasurer, within sixty days after the time set for 
the payment thereof, the Treasurer of said Corporation is 
hereby authorized to sell, at public vendue, the share or 
shares of such delinquent proprietor, one or more, as shall 
be sufficient to defray said taxes and necessary incidental 
charges, after duly notifying in the newspapers printed in 
Springfield and Stockbridge, the sum due on such shares, 
and the time and place of sale, at least twenty days pre- 
vious to the time of Sale, and such sale shall be a sufficient 
transfer of the share or shares so sold to the persons pur- 
chasing, and on producing a Certificate of such sale from 
the Treasurer to the Clerk of said Corporation, the name 
of such purchaser, with the number of shares so sold, shall 
be by the Clerk entered on the Books of the said Corpora- 
tion and such person shall be considered, to all intents, 
the proprietor thereof, and the overplus, if any there be, 
paid on demand by the Treasurer to the person whose 
share was thus sold. 

Sec. 10. Be it further Enacted, That the said Corpora- 
tion shall, at all the places where the said toll is collected, 
erect, and keep constantly exposed to view, a sign or 
board with the rates of toll of all the tollable articles 
fairly and legibly written or printed thereon in large or 
Capital Characters. 

Sec. 11. Be it further Enacted, That the General 
Court may dissolve said Corporation whenever it shall 
appear to their satisfaction that the income arising from 
said toll shall have fully compensated the said Corporation, 
for all monies they have expended in exploring purchasing 
taking care of, and repairing the said Road, together with 
an interest thereon of twelve per Centum by the year, and 
thereupon the property of the said road shall be vested 
in this Commonwealth, and be at their disposal ; Pro- 
vided, that if the said Corporation shall neglect to com- 
plete the said Turnpike road, for the space of five Years 
from the passing of this Act, the same shall become void 
and of no effect. Approved February 14, 1803. 



Preamble. 



1802. — Chapter 68. 

[January Session, ch. 30.] 

AN ACT AUTHORIZING THE TOWN OF DEERFIELD, TO LOAN 
THE INTEREST OF CERTAIN MONIES IN THE TREASURY OF 
SAID TOWN. 

Whereas the inhabitants of the town of Deerfield in the 
County of Hampshire, have petitioned this Court for 



Acts, 1802. — Chapter 68. 129 

liberty to put the interest of the obligations in their town 
Treasury, sequestered for the use of the ministry in said 
town, upon interest untill there shall be a sufficient sum 
funded, in addition to what is already sequestered for that 
purpose, to support the ministry therein. 

Sec. 1st. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled, and 
by the authority of the same. That the inhabitants of the The town em- 
town of Deerfield in their corporate capacity, are hereby cerTaTn rao"n?e"8* 
impowered to put the interest of the obligations in their "** '"'^•■««'- 
Treasury as aforesaid, on interest, untill there shall be a 
sufficient sum funded for the purpose aforesaid, in manner 
following. 

Sec. 2d. Be it further enacted by the atithority afore- 
said. That the said inhabitants at their annual meeting in a committee to 
March or April be, and they hereby are impowered to f'oMhe°pu*r^poBe. 
choose by ballot suitable persons, freeholders and inhabi- 
tants of said town, not exceeding seven, nor less than 
three, who shall be a Committee, whose duty it shall be, 
in behalf of said town, to put the monies arising from the 
interest of the obligations aforesaid at interest, as soon as 
may be, and secure the same by mortgage of real estate, 
or by one or more sufficient sureties with the principal, 
unless said Committee, or the major part of them, shall 
think it best to invest the same in public funded securities 
or bank stock, which they may do. 

Sec. 3d. Be it further enacted. That the interest aris- The interest to 
ing from time to time on such monies, shall be annually, af in^erest.^ ^"^ 
or oftener if practicable, put out at interest and secured 
in manner aforesaid, and also the interest accruing from 
the interest, untill a fund shall be accumulated which shall 
yield yearly a sum sufficient for the purpose aforesaid. 

Sec. 4th. And be it further enacted. That as soon as an The interest, 

.. , fv • J. 1} i.^ c 'Till when sntHcient, 

interest sufficient tor the purpose aioresaid, shall accrue, to be applied 
the said Committee, or the major part of them, shall ©"f the min^st'ry. 
forthwith apply the same for the annual support of the 
gospel ministry there, and so long as the said town at any 
time may be without a settled gospel minister, the annual 
interest aforesaid shall be put out at interest, and secured 
as aforesaid, to increase the said fund, untill there be a 
resettlement of a minister as aforesaid ; Sc it shall never 
be in the power of said town to alienate, or anywise alter 
the fund aforesaid. 

Sec. 5th. And be it further enacted. That the Com- committee not 
mittee, for the services they may perform, shall be enti- f?om the fund. 



130 



Acts, 1802. — Chapter 69. 



Annual state- 
ment to be 
exhibited. 



Committee re- 
sponsible for 
negligence. 



Bequests, &c. 
considered part 
of the fund. 



tied to no compensation out of any monies arising from 
the fund aforesaid, but if entitled to any, shall receive 
the same of said town, as may be mutually agreed on. 

Sec. 6th. And be it farther enacted, That the said 
Committee if required, shall exhibit to the town at their 
annual meeting in March or April, a regular and fair 
statement of their doings. 

Sec. 7th. Be it farther enacted, That the said Com- 
mittee, and each of them, shall l)e responsible to the town 
for their personal negligence or misconduct, and liable to 
a suit for any loss or damage arising thereby, the debt or 
damage recovered in such suit, to be for the use aforesaid. 

Sec. 8. And he it further enacted. That any sum or 
sums which may hereafter be bequeathed, given, or le- 
gally sequestered for the purpose of supporting the min- 
istry in said town, shall be considered as a part of the 
fund abovementioned, and be proceeded with in the same 
manner as is already provided. 

Approved February 14, 1803. 



Preamble. 



1803. — Chapter 69. 

[January SessioD, ch. 32.] 

AN ACT TO ESTABLISH A CORPORATION, BY THE NAME OF 
THE PORTLAND BENEVOLENT SOCIETY. 

WJiereas, The Reverend Samuel Dean D. D. together 
with a number of Persons in the town of Portland, have 
contemplated the establishment of a Society in the said 
Town, whose business shall be to releive and assist those 
objects of Compassion, whose circumstances may require 
relief in a Manner different from that which is by law 
provided for the support and employment of the Poor, 
comprehending therein the Widow, and the Fatherless, the 
destitute, and helpless Stranger, and all who by sickness, 
infirmity or misfortune, may be reduced to indigence, and 
regarding the Care of those fatherless Children, whom 
poverty may deprive of an opportunity to obtain Instruc- 
tion and Employment, and generally to exercise such Acts 
of Charity, Hospitality, and Benevolence, as the Funds of 
the Society shall allow, they having agreed to Subscribe to 
a fund, the Interest of which shall be applied to the pur- 
poses aforesaid — and have prayed to be incorporated: 

Sec. 1. Be it, therefore. Enacted by the Senate and 
House of Representatives in General Court asseinbled, 



Acts, 1802. — Chapter 69. 131 

and by the authority of the same, That Samuel Dean, Persons incor- 
Samuel Freeman, Timothy Hilliard, William Symmes, ^"'^''^ ' 
Robert Boyd, Joseph H. Ingraham, Daniel How, William 
Waterhouse, Peltiah Fernald, John Thrasher, Jonathan 
Dean, Edward Cobb, Joseph Pope, Daniel Taber, Simon 
Dearborn, Benjamin Gage, Isaac Parker, Daniel Johnson, 
John Tabor, Shirley Erving, Isaac Ilsley, Nathaniel F. 
Fosdick, Nathaniel Coffin, James D. Hopkins, Joshua 
Rogers, Lemuel Weeks, Elijah Kellogg, Salmon Chase, 
William Jenks, Benjamin Titcomb, Walter Simonton, 
Stephen Longfellow Junr. Peter Warren, John Hobart, 
Reuben Morton, John Thurlo, Hugh McLallan, Daniel 
Tucker, David Green, William Gorham, John Waite, 
Albert Newall, together with such as may hereafter be 
associated with them, be and they are hereby incorporated n^m'^e'"^^'^ 
into a Society by the name of The Portland Benevolent 
Society ; for the purposes above mentioned. 

Sec. 2. And be it further enacted, that the said Samuel Empowered to 

. receive grants 

Dean, and others above named, and their associates as and bequests. 
aforesaid, shall be and remain a body corporate by the 
said name and title forever ; and may have a Seal, which 
they may alter at their pleasure ; And the said Society 
shall be capable of receiving, and have power to receive, 
from any person or persons disposed to Aid the benevo- 
lent purposes of this Institution, any grants or devises of 
lands or tenements in fee Simple, or less estate, and dona- 
tions and bequests of money or other property, to be used 
& improved for the purposes aforesaid, or such other be- 
nevolent purposes as the donors may particularly direct. 

Sec. 3. And be it further Enacted, that the said Cor- Empowered to 
poration shall be and hereby are impowered to purchase 
and hold any real estate, other than what may be given as 
aforesaid, provided the value of the whole Estate real & 
personal of said Society shall not exceed the sum of 
Thirty thousand dollars. 

Sec. 4. And be it further Enacted, that the said So- May sue and be 
ciety may sue and be sued in their corporate capacity and *"^ 
may appoint an Agent or Agents to prosecute and defend 
suits, with power of Substitution. 

Sec. 5. And be it further Enacted, that the said So- officers to be 
ciety may choose a President, Vice President, Secretary, rules estab- 
Treasurer, Collector, Trustees or Managers, and such ''*''^^' 
other Officers, as they shall see fit ; and make and estab- 
lish such rules and Byelaws, for the Orderly conducting 



132 



Acts, 1802. — Chapter 70. 



Real estate 
may be sold. 



Persons em- 
powered to cull 
tirBt meeting. 



and Executing the business' of said Society, as to them 
shall appear necessary — Provided the same be not repug- 
nant to the constitution or laws of this Commonwealth. 

Sec. 6. And be it further Enacted, that the said So- 
ciety may make sale of any real Estate given or purchased 
as aforesaid (unless that which is given be otherwise ex- 
pressly Ordered or appropriated by the Donor) and con- 
vey the same by deed duly executed under the hand of 
the President and the Seal of the Society : Provided that 
all monies arising from such sale be applied to the same 
use to which the income thereof was before applicable. 

Sec. 7. And he it further Enacted, that Reverend 
Samuel Dean, Samuel Freeman Esqr. Revd. Timothy 
Hilliard or any two of them be and hereby are Author- 
ised by Notification in the Portland Newspapers, to call 
the first meeting of said Society, at such time and place 
as they shall judge proper ; at which meeting the Society 
r^iay agree upon a form or forms of Subscription for the 
fund aforesaid and upon a method of calling future meet- 
ings. And the said Society may meet annually, or oftener 



as they shall see fit. 



Approved February 15, 1803. 



Persons incor- 
porated. 



Corporate 
name. 



Amount of 
shares. 



1803. — Chapter 70. 

[January Session, cli. 33.] 
AN ACT TO INCORPORATE JOHN PEARSON AND OTHERS INTO 
A COMPANY BY THE NAME OF THE MERRIMACK MARINE 
AND FIRE INSURANCE COMPANY. 

Sect. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that John Pearson, and others, and 
such persons as have already, or hereafter shall become 
Stockholders in said Company being Citizens of the 
United States, be, and hereby are incorporated into a 
Company and body politic, by the name of the Merri- 
mack Marine and Fire Insurance Company for and dur- 
ing the term of Twenty years after the passing this Act ; 
and by that name may sue & be sued, plead or be im- 
pleaded, appear, prosecute and defend to final judgment 
and execution, and have a common Seal, which they may 
alter at pleasure and may purchase hold, & convey, any 
estate real or personal, for the use of said Company, sub- 
ject to the restrictions herein after mentioned. 

Sect. 2. Be it further enacted, That a share in the 
Capital Stock of the said Company shall be One hundred 



Acts, 1802. — Chapter 70. 133 

Dollars, and the number of shares shall not be less than 
one thousand, nor more than two thousand. And if the 
said number of Shares are not already filled, subscrip- 
tions shall be kept open, under the inspection of the 
President and Directors of the said Company, until the 
same shall be filled; and the whole Capital Stock, estate, Capuai stock. 
or property, which the said Company 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 thirty thousand dollars shall be invested in real 
estate. 

Sect. 3. Be it further enacted, that the Stock, prop- Election of 
erty, affairs, and concerns of said Company, shall be 
managed and conducted by thirteen directors, one of 
whom shall be the President thereof; who shall hold 
their offices for one year and until others shall be 
chosen, and no longer; which Directors shall, at the time 
of their election, be Stockholders and Citizens of this 
Commonwealth and not Directors in any other Company 
carrying on the business of Insurance, and shall be 
elected on the first Tuesday in January in each and every 
year, at such times of the day, and at such place in the 
town of Newburyport, as a majority of the Directors for 
the time l)eing, shall appoint, of which election public no- 
tice shall be given in all the newspapers, which are at 
the time, printed in Newburyport, and continued for the 
space of twenty days immediately preceeding such election, 
and such election shall be holden under the inspection of 
three Stockholders, not being Directors, to be appointed 
previous to every election by the Directors, and shall be 
made by ballot, by a majority of Votes of the Stock- 
holders present, allowing one vote to each share in the 
Capital Stock ; provided that no Stockholder shall be No stockholder 
allowed more than twenty Votes. And the Stockholders morethru'-Io 
not present may Vote by Proxy, under such regulations ^°*®*' 
as the said Company shall prescribe. 

Sect. 4. Be it further enacted. That the Directors so ^^^^'g'fjg^^ 
chosen shall meet as soon as may be after every election, 
and shall choose out of their body one person to l)e Presi- 
dent 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 the President, or any Director, 



134 



Acts, 1802. — Chapter 70. 



Board to trans- 
act busiDess. 



Secretary and 
clerks to be 
appointed. 



Compensation 
of president. 



Directors' 
meetings. 



Business 
defined. 



such vacancy^ or vacancies, shall be filled for the year in 
which they may happen, by a special election for that pur- 
pose, to be held in the same manner as is herein before 
directed, respecting annual elections for Directors and 
President. 

Sect. 5. Be it further enacted, That the President 
and Six of the Directors (or Seven of the Directors in the 
absence of the President) shall be a board competant to 
transact business, and all questions before them shall be 
decided l)y a majority of votes ; and they shall have power 
to make and prescribe such b^daws, rules, and regulations, 
as to them shall appear needfull and proper, touching the 
management and disposition of the Stock, property, es- 
tate and effects of said Company, and the transfer of 
Shares, and touching the duties and conduct of the several 
officers, Clerks and Servants employed, and the election of 
Directors, and all such matters as appertain to the business 
of Insurance ; and shall also have power to appoint a 
Secretary, and so many Clerks and Servants, for carry- 
ing on the said business and with such Salaries and al- 
lowances to them as to the said board shall seem meet : 
Provided such bye laws, rules and regulations, shall not 
be repugnant to the Constitution or laws of this Common- 
wealth. 

Sect. 6. Be it further enacted. That the President 
shall not receive any compensation for his services, unless 
by consent of a Majority of the Stockholders of said 
Company. 

Sect. 7. Be it further enacted, That there shall be 
stated meetings of the Directors, at least once in every 
month, and as often within each month as the President 
and Board of Directors shall deem proper ; and the Presi- 
dent and a Committee of three Directors, to be by him 
appointed in rotation, shall assemble daily, if need be, for 
the dispatch of business ; and the said Board of Directors, 
and the Committee aforesaid, at and during the pleasure 
of the said Board, shall have power and authority, on be- 
half of the Company, to make insurance upon vessels, 
freight, money, goods & Effects & against Captivity of 
persons, and on the life of any person during his absence 
by sea, & in Cases of money lent upon bottomry and re- 
spondentia ; and when the Capital Stock or fund of said 
Company shall amount to the Sum of two hundred thou- 
sand dollars, & not before ; shall also be authorized to make 



Acts, 1802.— Chapter 70. 135 

insurance on any mansion house or other building, and on 
the goods and property therein contained, against damage 
arising to the same by fire, originating in any cause, ex- 
cept that of design in the Insured ; and to fix the Pre- 
miums and terms of payment ; and all policies of insurance subscription of 
by them made, shall be subscribed by the President, or p°'"='®*- 
in case of his death, sickness, inability or absence, by any 
two of the Directors, and Countersigned by the Secretary, 
& !-hall be binding and obligatory upon the said Company, 
and have the like effect and force as if under the Seal of 
said Company ; and the assured may thereupon maintain 
an action upon the case against the said Company ; and 
all losses duly arising under any policy so subscribed, 
may be adjusted and settled by the President and board 
of Directors, and the same shall be binding on the Com- 
pany. 

Sect. 8. Be it further enacted, That it shall be the semiannual 
duty of the Directors, on the second Tuesday of June and be^made.^ 
December, 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 adviseable, 
but the monies received, and notes taken for premiums on 
risks which shall be outstanding, at the time of making 
such dividends, shall not be considered as part of the 
profits of the Company ; and in case of any loss or losses in case of losses 
whereby the Capital stock of the Company shall be les- the capital. 
sened, each Proprietor's or Stockholder's estate shall be 
held accountable for the deficiency that may be due on his 
share or shares, at the time of said loss, or losses taking 
place to be paid into the said Compaoy by assesments, or 
such other mode, and at such time or times as the Direc- 
tors shall order; and no subsequent dividend shall be 
made, until a sum equal to such diminution, shall have 
been added to the Capital ; and that once in every two 
years, and oftner if required by a majority of votes 
of the Stockholders, the Directors shall lay before the 
Stockholders, at a general meeting, an exact and particu- 
lar statement of the profits, if any there be, after deduct- 
ing losses and dividends. 

Sect. 9. Be it further Enacted, That the said Com- corporation 

. -^ ' , not to trade 

pany shall not directly, nor indirectly, deal or trade in in goods, &c. 
buying or selling any goods, wares, or merchandize or 
commodities whatso[e]ver ; and the Capital Stock of said 
Company, after being collected at each instalment shall 



136 Acts, 1802. — Chapter 70. 

within six months after payment of each instalment be in- 
vested, either in the funded debt of the United States, or 
of this Commonwealth, or in the Stock of the United 
States Bank, or of any incorporated Bank in this Com- 
monwealth, at the discretion of the President & Directors 
of said Company, or of other officers which the Proprie- 
tors shall for such purposes appoint. 

Mmer^tl ^p^CT. 10. Be it further enacted, That fifty dollars on 

each share in said Company shall be paid within sixty 
days after the first meeting of the said Company, and the 
remaining sum due on each share, within one year after- 
wards at such equal instalments, and under such pen- 
alties as the said Company shall direct ; and no transfer 
of any share shall be permited, or be valid, until the ex- 
piration of one year after the first instalment shall have 
been paid. 

auachmen^!' ^" Sect. 11. Be it further enacted That tliG property of 
any member of said Company, vested in the stock of said 
Company, shall be liable to attachment, and to the pay- 
ment and satisfaction of his just debts, to any of his bona 

menfan^d*"'^*'''" ^^^ Creditors, in manner following, to wit, in addition to 

execution. the summons by law prescribed to be left with the defend- 
ant, a like summons shall be left with the Secretary of 
said Company, and the debtors share or shares in the 
said Company's funds together with the interest and prof- 
its due or growing due thereon, or so much thereof, as 
shall be sufficient, shall thereby be held to respond said 
suit according to law, and all transfers of the debtors 
shares not noted in the books of the Company, previous to 
the delivery of such summons, shall be barred thereby ; 
and execution may be levied upon the property of any 
Stockholder in said Company, and his share or shares 
therein exposed to Sale, in the same manner as is by law 
prescribed, where personal estate is taken in execution ; 
and it shall l)e the duty of the officer, who extends such 
execution, to leave an attested Copy thereof with his do- 
ings thereon, with the Secretary of said Company ; and 
the purchasers shall thereupon be entitled to the recep- 
tion of all dividends and stocks which the debtor was 
previously entitled to, and upon any attachment being 
made, or execution levied on any shares in said Company, 
it shall be the duty of the Secretary of said Company to 
expose the books of the Company, to the officer and to 
furnish him with a certificate, under his hand, in his offi- 



Acts, 1802. — Chapter 71. 137 

cial capacity, ascertaining the number of shares the debtor 
holds in said Company and the amount of the dividends 
due thereon. 

Sect. 12. Be it further enacted^ That in case of any incaBeofiosBcs 
loss or losses taking place, that shall be equal to the capital. 
amount of the Capital Stock of the said Company, and the 
President or Directors, after knowing of such loss or 
losses taking place, shall subscribe to any Policy of insur- 
ance, their estates jointly and severally shall be account- 
able for the amount of any and every loss that shall take 
place under policies thus subscribed. 

Sect. 13. Be it further enacted, That the Pi'esident stiuement of ^^ 
and Directors of said Company shall previous to their pubiuhed 

1 .^ • T 1 • i\L annually. 

subscribing any policy, and once in every year alter, 
publish in all the newspapers printed, at the time, in New- 
buryport the amount of their Stock, against what risks 
they mean to insure, and the largest Sum they mean to 
take on any one risk. 

Sect. 14. Be it further enacted. That the President statementB to 

.•^ ^ be laid before 

and Directors of said Company shall, when and as oiten the legislature 
as required by the Legislature of this Commonwealth, lay ^^ ^'^'^i""''^ 
before them a statement of the affairs of said Company, 
and Submit to an examination concerning the same under 
oath. 

Sect. 15. & Be it further enacted. That John Pearson First meeting. 
& Josiah Smith are hereby authorized to call a meet- 
ing of the members of said Company as soon as may be 
in Newburyport by advertising the same for two weeks 
successively in the News Paper printed in said town, 
for the purpose of electing the first board of Directors, 
who shall continue in Office until the first Tuesday of Jan- 
uary next following, and until others are chosen in their 
room. Approved February 15, 1803. 



1803. — Chapter 71. 

[January Session, ch. 31.] 

AN ACT IN ADDITION TO THE SEVERAL LAWS HERETOFORE 
MADE FOR THE PRESERVATION OF THE FISH CALLED ALE- 
WIVES IN MATTAPOISET RIVER IN ROCHESTER IN THE 
COUNTY OF PLYMOUTH, & FOR REGULATING THE TAKING 
SAID FISH IN SAID RIVER. 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, (& by the au- 



138 



Acts, 1802. — Chapter 72. 



Penalty for 
illegally taking 
the fish. 



Pcualty for 
taking ihe flsh 
at improper 
tiraeB aud 
places. 



Opening of 
sluice-ways. 



Piissages for 
the tish to be 
opened. 



thority of the same. That if any person shall take any of 
said fish in said river or in the brook runing out of 
Little-Long-Pond, so called, into Snipticit pond in said 
Rochester, excepting the purchaser or purchasers of the 
exclusive right of taking said fish in said river, according 
to the laws now in force with regard to said river, and 
those who are employed by such purchaser or purchasers 
of said priviledge, shall forfeit and pay fourteen dollars 
for each oflence, to be recovered in the same manner, and 
to the same uses as are already provided in the laws now 
in force with regard to said river. 

Sec. 2d. And he it further enacted. That if any pur- 
chaser of said priviledge, or any person employed by such 
purchaser or purchasers, shall take any of said tish in said 
river, or in said brook, at any other place, or on any 
other day than the places or days contained in such priv- 
ledge, such purchaser or person shall for each such of- 
fence forfeit and pay the sum of fourteen dollars to be 
recovered as aforesaid, for the uses aforesaid. 

Sec. 3d. And he it further enacted. That the owners 
of dams on said river, shall continue their sluice ways 
open, when opened by the Selectmen, untill the twenty 
fifth day of May annually, under the same penalty as is 
provided in said laws for not keeping them open untill 
the twentieth day of May. 

Sec. 4Tn. And he it further enacted. That the Select- 
men of the said town of Rochester, are hereby authorized 
to open in each and every dam in said river, wherever 
they shall think proper, sufficient passages for the young 
fish to pass down said river ; and if any person shall 
obstruct any such passage so opened as aforesaid, Avithout 
the consent of the Selectmen, shall for each ofience forfeit 
and pay the sum of fourteen dollars, to be recovered as 
in said law is provided for taking fish contrary to law, 
and for the same use. Approved February 16, 1803. 



1802. — Chapter 73. 

[January Session, ch. 34.] 

AN ACT TO DIVIDE THE TOWN OF PITTSTON IN THE COUNTY 
OF KENNEBECK, AND TO INCORPORATE THE WEST PART 
THEREOF INTO A TOWN BY THE NAME OF GARDINER. 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and hy the 



Acts, 1802. — Chapter 72. 139 

axitliority of the same. That the town of Pittston in the Boundaries. 
County of Kennebeck be, and the same hereby is divided 
into seperate towns by Kennebeck river ; & that the west- 
ern part of said town, as described within the following 
bounds, to wit, beginning on Kennebeck river aforesaid 
at the northeasterly corner of the town of Bowdoinham, 
thence running up said river, on the middle thereof, to 
the south line of the town of Hallowell ; thence west 
north west on the aforesaid south line to Cobbossecontee 
stream, thence southerly by the easterly margin of said 
stream, to the northwest corner of Bowdoinham afore- 
said, which is on the southerly side of, and near the out- 
let of First or Pleasant Pond, thence east south east on 
the north line of said Bowdoinham to the first mentioned 
bounds, with the inhabitants thereon, be, and the same 
hereby are incorporated into a distinct town by the name 
of Gardiner. 

Sec. 2d. And be it further enacted. That in all State Direction 
taxes which shall be required of said towns untill a new [axes^^'"^ ^^^ 
general valuation shall be taken, the sum of one dollar 
and fifty three cents on one thousand dollars with which 
the town of Pittston is now charged, shall be divided 
equally between said towns of Pittston and Gardiner. 

Sec. 3d. And be it further enacted. That the inhabi- Provision reia. 
tants of said town of Gardmer, and the nonresident pro- debts, credits 
prietors of real or other estate therein, shall pay all 
arrears of taxes which have been legally assessed upon 
them by the town of Pittston prior to the passing of this 
act ; and in like manner shall they pay an equal propor- 
tion of all debts now due and owing from the said town 
of Pittston, and shall also be entitled to receive an equal 
dividend of all debts or monies now due to said Pittston 
from Collectors or other persons. 

Sec. 4Tir. And be it farther enacted. That the town Division of 
magazine of military stores shall be estimated and equally '^'''"*''>' *'°''^8- 
divided between the said towns of Pittston and Gardiner ; 
and in case there are any balances of money which has 
been raised by the town of Pittston, & apportioned to the 
school districts, for the education of children, now due to 
either of said districts in the town of Gardiner, the same 
shall be paid over by the Treasurer of said Pittston, to the 
Treasurer of said Gardiner. 

Sec. 5th. And be it further enacted. That the inhab- support of the 
itants of said towns of Pittston and Gardiner shall be 



140 



Acts, 1802. — Chapter 73. 



A certain act 
not to be 
affected. 



First meeting. 



chargeable in equal proportions with the expense of sup- 
porting the poor, who at the time of passing this act are 
the proper charge of the town of Pittston ; and if any 
person or persons heretofore belonging to the town of 
Pittston aforesaid and having removed thence, shall be 
returned thither again and become a public charge the 
same shall be paid equally by the said towns of Pittston 
and Gardiner. 

Whereas there is a religious society incorporated by the 
name of The episcopalian society in Pittston, consisting 
of members from various parts of said town ; and the 
house of public worship being on the west side of Kenne- 
beck river ; and whereas doubts and disputes may arise 
in regard to the operation of this Act on said society, 
therefore 

Sec. 6tii. Be it farther enacted. That this Act shall 
not extend, nor be construed to extend to the infringe- 
ment or annulling in any manner or degree whatsoever, 
an Act entitled "An Act to incorporate a number of the 
inhabitants of the town of Pittston in the County of Lin- 
coln, into a parish by the name of The episcopalian so- 
ciety in Pittston." 

Sec. 7th. And he it further enacted, That Jedediah 
Jewet esqr. be, and he hereby is empowered and required 
to issue his Warrant, directed to some principal inhabi- 
tant of said town of Gardiner, requiring him to notify and 
warn the inhabitants of said town qualified to vote in town 
afiairs, to assemble at such time and place in said town, 
as shall be expressed in said Warrant, to choose all such 
officers as other towns within this Commonwealth are by 
law authorized or required to choose in the months of 
March or April annually, and to transact such other mat- 
ters and things as may be necessary and lawful at said 
meeting ; and the Officers chosen as aforesaid, shall be 
qualified as other town Officers are. 

Approved February 17, 1803. 



1802. — Chapter 73. 

[January Session, ch. 35.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT FOR ESTAB- 
LISHING A TURNPIKE CORPORATION WITHIN THE TOWN OF 
SCARBOROUGH. 

Sec. 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled and by the au- 



Acts, 1802. — Chapter 73. 141 

thority of the smne, that the turnpike road heretofore course of the 
granted by the said Act, shall commence at a bridge near 
the dwelling House of Nathaniel Moses ; from thence to 
be continued across the upland and marsh in a South-west- 
erly course until it meets the present county road, near 
the dwelling house of John Alger Milliken. 

Sec. 2. Be it further enacted by the authority afore- 
said, that as soon as the said turnpike road is completed, Kat«8 of *<''•• 
then the said Corporation shall be Authorized & empow- 
ered to erect a turnpike gate on the same, in such manner 
and place, as shall be necessary and convenient, and shall 
be entitled to receive from each traveller and passenger 
the following rate of toll, vizt. For every Coach, phaeton, 
Chariot and other four wheel Carriage Twenty five Cents ; 
for every Curricle Seventeen Cents ; for every Cart, Wag- 
gon, Sled or other carriage of burthen, drawn by two 
Oxen or horses, Eight Cents, and if drawn by more than 
two, a further sum of two Cents, for every such Ox or 
horse ; for every Chaise, Chair, or other Carriage drawn 
by one horse, twelve Cents & an half and if drawn 
by more than One a further sum of two Cents for every 
such horse ; for every Man and Horse Six Cents ; for 
every Cart and Horse Eight Cents ; for every Sleigh 
drawn by One horse, Six Cents, and if drawn by more 
than One, a further sum of two Cents, for every such 
horse ; for all horses. Mules, Oxen or neat cattle, exclu- 
sive of those rode on, or in Carraiges, or Teams, two 
Cents each ; for each foot traveller, two Cents ; for all 
Sheep and Swine, at the rate of Six Cents for one dozen, 
and to each Team one person and no more shall be allowed ExemptionB 
as a driver to pass free of Toll — Provided, that nothing 
in this Act shall extend to entitle the said Corporation to 
demand and receive toll of any person, Inhabitant of the 
said town, who shall be passing with his horse or Carriage 
to or from publick Worship, or with his horse, team or 
Cattle, to or from his common labour on his farm, or to 
or from any grist Mill, or on the Common & ordinary 
business of family concerns, within the limits of said town, 
or from any person or persons passins; on Military duty. Parts of former 

-» lo J J j^gj repealed 

Sec. 3. Be it further Enacted, that so much of the 
first and third sections of the former Act aforesaid as are 
relative to the foregoing objects of the present Act, be and 
are hereby repealed. Approved February 18, 1803. 



142 Acts, 1802. — Chapters 74, 75, 76. 



1302. — Chapter 74. 

[January Session, ch. 36.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO INCOR- 
PORATE JOSHUA. SHAW AND OTHERS, FOR THE PURPOSE OF 
BUILDING A BRIDGE ACROSS NEW MEADOW RIVER." 

Be it enacted by the Senate a7id House of Representa- 
tives^ in General Court assembled, and by the Authority 
of the same, that the Proprietors of said Bridge shall make 
and keep a convenient and sufficient draw or passage 
Way, at least eight feet Wide, at some place in said 
Bridge proper for the passing and repassing of Vessels or 
boats by day and by night through the said Bridge ; and 
that any person passing the same with his Vessel or boat 
shall raise the said draw, and, immediately after the pass- 
ing of such Vessel or boat, let down the same, at his own 
expence. Approved February 19, 1803. 

1802. — Chapter 75. 

[January Session, cli. 37.] 

AN ACT TO SET OFF ROBERT HASTY FROM THE SECOND, AND 
TO ANNEX HIM, AND HIS ESTATE TO THE FIRST PARISH 
IN SCARBOROUGH, 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that Rol^ert Hasty of Scarborough in the 
County of Cumberland, with his estate, be and is hereby 
set off from the second Parish in Scarborough, and an- 
nexed to the first Parish in the said town : Provided the 
said Robert Hasty shall pay his proportion of Parish 
charges due from him to the said second Parish, prior to 
the date of this Act. Approved February 19, 1803. 

1802. -Chapter 76. 

[January Session, ch. 38.] 

AN ACT TO DIVIDE THE TOWN OF HARWICH, AND TO INCOR- 
PORATE THE NORTHERLY PART THEREOF INTO A SEPERATE 
TOWN BY THE NAME OF BREWSTER. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Boundaries. authority of the same. That the northerly part of Harwich 
in the County of Barnstable, as described within the fol- 
lowing bounds, with the inhabitants thereon, be, and they 



Acts, 1802. — Chapter 76. 143 

hereby are incorporated into a seperate town by the name 
of Brewster, beginning on the west, on the line of the 
town of Dennis, and at a point one mile south of a large 
oak tree, standing in or near said line of Dennis, which 
tree is on the southwest side of Pine Pond, so called ; 
thence on a strait line to the northwest corner of Hinkley's 
pond so called ; thence north northeast to Bangs Pond, so 
called, and to [to] the middle thereof; thence through the 
middle of said Bangs pond, crossing a narrow beach into 
Long Pond so called ; thence through the middle of said 
Long Pond crossing several narrow beaches or chains of 
ponds, through the middle and to the easterly end of the 
same ; thence on a strait line to a rock on Pleasant Bay 
so called, which rock is in the line between Harwich and 
Orleans ; thence in the line of Orleans to Barnstable Bay ; 
thence with the Bay to the line of Dennis ; thence in the 
line of Dennis to the bounds first mentioned ; and the said 
town of Brewster is hereby vested with all the powers and 
priviledges, rights and immunities, and subject to all the 
duties to which other towns are entitled & subjected by 
the Constitution or Laws of this Commonwealth. 

Sec. 2d. And be it further enacted, That the remon- certain inhabi- 
strants to this Act of incorporation, who live in the north remain't'^*'^ '° 
parish, together with such widows who live therein, and Harwich, 
who shall request it, shall have liberty to remain with their 
families and estates, to the town of Harwich, by leaving 
their names in the Secretary's Office at any time within 
two years from the date of this Act of incorporation cer- 
tifying that such is their intention, and any person shall 
be considered a remonstrant within the meaning of this 
Act, who has heretofore signed a written remonstrance or 
petition directed to the General Court at this or any 
former session, against the division of the town of Har- 
wich, and if the original paper so signed is not to be 
found, the affidavit of such remonstrant, that he or she 
did so sign the same, shall be sufficient evidence of the 
fact. Provided nevertJieless, that the Constables of the Proviso, 
town of Harwich and Brewster, shall have concurrent 
authority to serve any writ or process, to either of them 
directed on the lands within the limits of the town of 
Brewster, so remaining to the said town of Harwich afore- 
said. 

Sec. 3d. And he it further enacted, That State taxes Provision re- 
levied on the two towns aforesaid, previous to the expira- *p^"=**"s "»^^*- 



144 



Acts, 1802. — Chapter 77. 



Town lands 
&c. 



Debts and 
credits. 



First meeting. 



tion of the two years aforesaid, shall be assessed in equal 
portions between the two towns, and after the expiration 
of said term in such proportion as shall then result from 
the removal of polls and estates from the north parish to 
the south. 

Sec. 4th. And be it further enacted ^ That town lands, 
and ministerial property owned by said town, shall be 
equally divided between the two towns. 

Sec. 5th. And he it further enacted. That all debts 
due to or from said town, shall be divided between the 
two towns in proportion to the State valuation ; and the 
poor of said town, with which it is now chargeable, to- 
gether with such poor as have removed out of said town 
prior to this Act of incorporation, but who may hereafter 
be lawfully returned to said town of Harwich for support, 
shall be divided between the two towns in proportion as 
they pay in the State Valuation. 

Sec. 6. Ayid be it further enacted, That Ebenezer 
Bacon Esqr. be, and he is hereby authorized to issue his 
Warrant directed to some suitable inhabitant of the said 
town of Brewster, requiring him to notify and warn the 
inhabitants of the said town qualified by law to vote in 
town affairs, to meet at such time and place as shall be 
expressed in the said Warrant, to choose all such officers 
as other towns within this Commonwealth are required by 
law to choose in the months of March or April annually, 
and the Officers so chosen shall be qualified as other town 
Officers are. Approved February 19, 1803. 



Persons incor- 
porated. 



1803, — Chapter 77. 

[January Session, ch. 39. J 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
IN THE TOWN OF BUXTON, IN THE COUNTY OF YORK, INTO 
A DISTINCT SOCIETY BY THE NAME OF THE FIRST BAPTIST 
SOCIETY IN BUXTON. 

Sect. 1st. Be it enacted by the Senate and House of 
Hepresejitatives in General Court assembled, and by the 
authority of the same, That Nathan Elden, Jonathan Berry, 
Joseph Burnell, William Bangs, Josiah Harmon, Samuel 
Berry, Joseph Atkinson, John Atkinson Junior, Samuel 
Tibbets, Joshua Decker, Dominicus Harmon, Humphrey 
Atkinson, Chase Parker, Abner Woodsam, John Edgerley, 
Joseph Rankins, Jabish Sawyer, Thomas Berry Junior, 



Acts, 1802. — Chapter 77. 145 

Benjamiu Leavit, John Appleton, John Warren, Jacob 
Thompson, Joseph Thompson, John Atkinson, Ephraim 
Woodman, John Dennet, Moses Woodman, Theodore 
Atkinson, Clement Dennet, Stephen Prescot, Thomas 
Atkinson, Gibbeon Elden, Samuel Knight, Thomas Smith, 
Mark Rounds, William Merrill, Levi Cole, Joshua Hutch- 
inson, Jacob Derbon, John Chamberlain, Benjamin Brad- 
bury, Joseph Hobson, Brue Boothby, Thomas Merrill, 
John Thompson, Jabez Bradbury, Jonathan Martin, 
Theodore El well, Thomas Harman, Thomas P. Sawyer, 
Samuel Hobson, Nathan Elden Junr. John Rolf, John 
Came, Jabez Sawyer Junr. John Palmer, Jacob Palmer, 
Benjamin Elwell, Samuel Sands, David Libbey, Abel 
Knight, Nelson Fogg, John Rolf junior, Lemuel Nutter, 
Abraham Woodsum, Josiah Libbey, and Samuel Thomp- 
son, with their famalies & estates, together with such other 
of the Inhabitants of the said town of Buxton, as have or may 
hereafter at any time on or before the First Day of April 
in the year of our LORD, one thousand eight hundred and 
five, associate themselves for that purpose in the manner 
hereinafter discribed ; Be and hereby are Incorporated corporate 
into a Religious Society, by the name of the First Baptist 
Society in Buxton, with all the Powers, privileges & im- 
munities to which other parishes in this Commonwealth 
are by law intitled. 

Sect. 2d. Be it further enacted, hy the authority 
aforesaid That any person, or persons in the town afore- Method of 
said, being of the Baptist Denomination aforesaid, who iocletf.'^^ 
may actually become a member of, and unite in Religious 
worship with the Society aforesaid within the time limited 
in the first Section of this act, by giving in his or her 
name to the Clerk of said town, with a Certificate Signed 
by the minister or Clerk of said Society, that he or she 
has actually become a member of, and united in Religious 
worship with the Society aforesaid shall from and after 
giving in such Certificate with his or her Polls and Estate, 
be considered as a part of said Society — Provided how- 
ever that such person or persons shall be held to pay their 
proportion of all monies assesed in the said town previous 
to that time. 

Sect. 3d. Be it farther enacted. That John Wood- f'"' '^eei'-'g- 
man l^^squire or some other Justice of the Peace in said 
County of York, be and hereby is authorized and impow- 
ered to Issue his Warrent directed to some suitable member 



146 



Acts, 1802. — Chapter 78. 



of the said Society, requiring him to notify and warn the 
members of the said Society to meet at such time and place 
as shall be appointed in said warrant, to choose such officers 
as Parishes in this Commonwealth are by law intitled, in 
the months of March or April annually. 

Approved February 21, 1803. 



Authorized to 
sell the privilege 
of taking the 
fish. 



Penalty for 
taking the fish 
otherwise than 
the town 
directs. 



Fish committee 
to be chosen ; 
their powers 
and duties. 



1802. — Chapter 78. 

[January Session, oh. 40.] 

AN ACT TO ENABLE THE TOWN OF MEDFORD TO DISPOSE OF THE 
PRIVILEGE OF TAKING FISH, CALLED SHAD & ALEWIVES, IN 
MISTICK RIVER, WITHIN THE LIMITS OF SAID TOWN, AND TO 
REGULATE THE SAME. 

Sec. 1. Be it Enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy the 
Authority of the same, That it shall and may be lawful for 
the town of Medford, in the County of Middlesex, an- 
nually, at any legal meeting of the Inhabitants of said 
Town, to sell, or otherwise dispose of the Privilege of tak- 
ing fish in Mistick river, within the limits of said Town, 
so far as said town bounds on both sides of said river, at 
such times only as is already provided, by the law to pre- 
vent the destruction of Shad and Alewives in said river ; 
and the emolument arising from said privilege shall be 
appropriated by said Town, to such purposes and uses, as 
the Inhabitants thereof shall, in Town meeting, from time 
to time, determine. 

Sec. 2. And he it further Enacted, that if the pur- 
chaser or purchasers, Manager or Managers, or those em- 
plo3'ed by them, shall presume to take any of the said fish 
at any other place in said Town, than shall be by said town 
determined, and if any other person or persons whatever, 
except the purchaser or purchasers, manager or managers 
of said privilege, or those employed by them, shall pre- 
sume to take or catch any of the said fish in Mistick River, 
within the town of Medford, otherwise than may be by 
said town determined, he or they, so offending, shall, for 
each offence forfeit and pay a sum not exceeding thirteen 
dollars, nor less than two dollars, at the discretion of the 
Justice before whom the same shall be tried. 

Sec. 3. Andhe it further Enacted, that the said town 
of Medford, shall, at their annual meeting in March or 
April, choose a committee, not exceeding Seven, nor less 



Acts, 1802. — Chapter 78. 147 

than three freeholders of said Town, who shall be sworn 
to the faithful discharge of their duty, enjoined upon them 
by this Act, and also the Act to prevent the destruction 
of Shad and Alewives, in Mistick Eiver, within the towns 
of Cambridge, Charlestown and Medford. — And it shall 
be the duty of said Committee to cause the natural course 
of said river to be kept open, and without obstruction, 
during the whole time the said fish pass up or down said 
River, and remove any such as may be found therein ; and 
the said Committee, or any two of them, paying a reason- 
able compensation therefor, if demanded, shall have Au- 
thority, in discharging the duties enjoined upon them by 
this Act, to go on the lands of any person, bounding on 
said river, without being considered trespassers ; and any 
person who shall molest or hinder said Committee, or 
either of them, in the execution of their duty, he or they, 
so offending, shall forfeit and pay, for every such offence, 
a sum not exceeding ten dollars, nor less than two dollars, 
at the discretion of the Justice before whom the same 
shall be tried. 

Sec. 4. And he it further enacted, That it shall be the Fish committee 
duty of the said Committee to prosecute all breaches of ^^^p'"°^'''="'«'' 
this Act, and, for any two of them, to Seize and detain in 
their Custody any net or Seine 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 offend- 
ing make satisfaction for his offence, or is legally acquitted 
therefrom ; and also to seize, to the use of the town, all 
such fish as they shall suspect to have been taken contrary 
to the provisions of this Act, unless the person in posses- 
sion thereof can give satisfactory evidence to such Com- 
mittee, that said fish were lawfully taken. 

Sec. 5. And be it further Enacted, that the penalties Recovery and 
incurred by any breach of this Act, shall be recovered by of fines. 
an Action on the Case, before any Justice of peace within 
said County, allowing an appeal to the Court of Common 
pleas of said County ; And all sums of money recovered o/'^ne^""'*"°" 
as forfeited by this Act, shall be for the support of the 
poor of said town, & no person by reason of his being 
one of the said Committee, shall be thereby disqualified 
from being a Witness in any prosecution for a breach of 
this Act. Approved February 21, 1803. 



148 



Acts, 1802. — Chapter 79. 



Preamble. 



PerBODB incor- 
porated. 



Corporate 
name. 



First meeting. 



1803. — Chapter 79, 

[January Seseion, ch. 14.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER CONNECTICUT 
RIVER BETWEEN THE TOWNS OF SPRINGFIELD AND VS^EST 
SPRINGFIELD AND FOR SUPPORTING THE SAME. 

Whei'eas a Bridge over Connecticut River between the 
towns of Springfield and West Springfield in the County 
of Hampshire., would be of public convenience; And 
whereas John Hooker <& others have presented a Petition 
to this Court praying for liberty to build the same and to 
be incorporated for that purpose. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That John Hooker, George Bliss, 
Joseph Williams, Samuel Fowler, AVilliam Shelden, Jon- 
athan Dwight, Thomas Dwight, James Scutt Dwight, 
William Smith, William Pynchon, Jonathan Smith Jim. 
Jere Stebbins, Seth Lathrop, Samuel Lathrop, Justin 
ELly Jun. Solomon Stebbins, Peletiah Bliss, Reuben Sikes, 
Thaddeus Leavitt, Jacob Bliss, Alexander Bliss, Zebina 
Stebbins, George Blake, Justin Lumbard & Eleazer Wil- 
liams, with such other persons as already have associated 
or may hereafter associate with them be, and they are 
hereby made and constituted a corporation and Body pol- 
itic l)y the name of the Proprietors of the Springfield 
Bridge and by that name may sue and be sued to final 
Judgment & Execution and do & suffer all matters acts 
and things which Bodies politic may or ought to do & 
suffer ; and the said Corporation shall and may have & 
use a common seal & the same may break and alter at 
pleasure. 

Sect. 2d. And be it further enacted, by the authority 
aforesaid, That any three of the persons above named 
may warn & call a meeting of the proprietors aforesaid to 
be holden at any convenient time and place by publishing 
the same three weeks successively in the federal Spy 
published in Springfield aforesaid the last })ublication to 
be one week prior to such time of meeting, and the said 
proprietors by a vote of the majority of those present or 
represented at said meeting (allowing one vote to and for 
each single share in all cases ; provided liowever that no 
one proprietor shall be allowed more than twenty votes) 



Acts, 1802. — Chaptek 79. 149 

shall choose a Clerk who shall be sworn to the faithful 
discharge of said office, and shall also agree on a method 
of calling future meetings, and at the same or some sub- 
sequent meeting or meetings may elect such officers & 
make and establish such liye laws and rules as to them Byeiawstobe 
shall seem necessary or convenient for the regulation & "^^ ^' 
government of the said Corporation for the carrying into 
eft'ect the purposes aforesaid, and for collecting the toll 
herein after Granted and established and may annex pen- 
allies to the breach of any bye laws not exceeding five 
Dollars. And all representations at said meetings shall 
be filed with the Clerk of said Corporation, and this act 
and all rules, regulations & proceedings shall be fairly 
and truly recorded by said Clerk in a book or books to 
be provided & kept for that purpose. 

Sect. 3d. Be it furtlier enacted, that the said proprie- where and 
tors be and they hereby are authorized and impowered to is^to be\uiitf^ 
erect a Bridge over Connecticut River between the towns 
of Springfield & West Springfield in the County of Hamp- 
shire at any place between the mouth of Agawam River 
& the mouth of plain Brook so called, and said Bridge 
shall be well built with suitable materials at least twenty 
eight feet Avide and covered with planks with sufficient 
Rails on each side and boarded up sixteen inches high 
from the floor of said Bridge for the safety of passengers 
travelling thereon, and the same shall be kept in good re- 
pair at all times — provided And for the purpose of reim- 
bursing the proprietors the money by them expended in 
building and supporting said Bridge. 

Sect. 4tii. Be it furtlier enacted, that a toll be & hereby toii estab- 
is granted &, established for the sole benefit of the said pro- 
prietors according to the rates following [to] viz. for each 
foot passenger three Cents, for each horse & rider seven 
Cents, for each horse & Chaise, Chair or Sulkey sixteen 
Cents for each Coach, Chariot, Phaeton or other four 
wheeled Carriage for Passengers thirty three Cents, for 
each Curricle twenty five Cents, for each Sleigh drawn by 
one horse ten Cents, and if drawn by more than one horse 
twelve cents & five mills, for each Cart, Sled or other car- 
riage of Burden drawn by one beast, ten Cents, if drawn 
by two Beasts sixteen Cents & if by more than two Beasts 
twenty Cents, for each horse without a rider & for neat 
Cattle three Cents each, and for Sheep & Swine one Cent 
each and one person and no more shall be allowed to each 



150 



Acts, 1802. — Chapter 80. 



Proviso. 



Continuance 
of toll. 



Toll may be 
again regulated. 



Bridge to be 
built within 
6 years. 



team as a driver to pass free of toW, provided nevertheless 
that the toll to be received for Teams of two or more 
Beasts with Carts or other Carriages and loads not ex- 
ceeding thirty hundred weight belonging to inhabitants 
of either of said towns of Springfield or West Spring- 
field passing said Bridge to or from the lands of said in- 
habitants in either of said towns for transporting the 
produce of said lands or for cultivating the same Lands 
shall be only twelve Cents five mills Provided also that 
all embodied Companies of Militia who shall have occa- 
sion to pass said Bridge to perform military duty shall 
pass free of toll, And the toll shall commence on the day 
of the first opening of said Bridge and shall continue for 
the term of seventy years ; and at the place where the 
toll shall be received there shall be erected and constantly 
exposed to view a sign board with the rates of toll fairly 
& legibly written or printed thereon in large letters ; And 
the said Corporation at the time of the opening of said 
Bridge shall cause a true and just Account of the ex- 
pences thereof, and at the end of every three years there 
afterwards, a just and true account of all receipts and 
disbursments, to be returned into the Office of the Sec- 
retary of this Commonwealth. And after fifty years 
from the opening said Bridge the General Court may 
regulate the rates of toll receivable thereat. 

Sect. 5. And be it further enacted, that if the said 
Proprietors shall neglect for the space of Six years from 
the passing of this Act to build & erect said 
this Act to be void and of no efiect. 



Bridge then 



Approved February 22, 1803. 



Preamble. 



1803.— Chapter 80. 

[January Session, ch. 42.] 

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES OF 
A FREE GRAMMAR SCHOOL IN THE TOWN OF MONMOUTH 
& COUNTY OF KENNEBECK. 

W7ie7'eas Lady Elizabeth Temple and others have sub- 
scribed fifteen Mmdred dollars or more for the purpose of 
erecting & supporting a free Gra.mm.ar School in the town 
of Monmouth, and County of Kennebeck. And whereas 
it appears to this Court that the said town of Monmouth is 
a suitable place for such an Institution, therefore 

Sec. 1st. Be it enacted by the Senate, and House of 



Acts, 1802. — Chapter 80. 151 

Representatives, in General Court assembled, and by the 

authority of the same, That there be, and hereby is estab- Monmouth Free 

lished in the town of Monmouth aforesaid a free Grammar schooi estab- 



liBhed. 



School by the name of Monmouth Free Grammar School, 
for the purpose of promoting piety religion and morality, 
and for the education of youth in such languages, and such 
of the liberal arts and sciences as the trustees of said free 
grammar school, shall direct; and that the following per- 
sons viz. The revd. Jonathan Balden, Dudley Bradstreet 
Hobart Esqr. John Chandler esqr., Matthias Blossom, 
Ichabod Baker, Joseph Norris, Luther Bobbins, John 
Boles and Seth Howard, be, and hereby are incorporated Trustees 

.. ,T i'i-1 1 /» rni m /> i incorporated. 

into a body politic by the name oi Ihe irustees oi the 
Monmouth Free Grammar School, and that they and their 
Successors shall be, and continue a body politic and cor- 
porate by the same name forever. 

Sec. 2d. Be it further enacted That all monies, lands. Empowered to 
or other property and things already given or which shall tfo'^ns!*^ 
hereafter be given, granted, devised, bequeathed, trans- 
ferred or assigned to the said Trustees for the purpose 
aforesaid, shall be confirmed to the said trustees and their 
successors in that trust, forever, and that the said trustees 
may have and hold in fee simple by gift, grant, devise, 
bequest or otherwise, any lands, tenements, hereditaments 
or other estate real or personal. Provided the annual in- 
come thereof shall not exceed the sum of four thousand 
dollars, and may sell and dispose of the same and apply 
the rents and profits thereof, in such a manner as that the 
end and design of the institution may be promoted. 

Sec. 3d. Be it further enacted, That the said trustees Power and 
shall have jiower from time to time to elect such Officers 
of said Free Grammar School as they shall judge neces- 
sary ; and to fix the tenure of their respective offices — to 
remove any trustee from the Corporation, when in their 
opinion he shall be incapable by reason of age or other- 
wise of discharging the duties of this office — to fill all 
vacancies in the said Corporation by electing such persons 
for trustees as they shall think suitable — to determine the 
times and places of their meetings — the manner of noti- 
fying the trustees, and the method of electing and remov- 
ing trustees — to prescribe the powers and duties of their 
several Officers — to elect preceptors and teachers of said 
Free Grammar School ; and to determine their powers and 
duties — and to fix the tenure of their offices ; and to make 



152 



Acts, 1802. — Chapter 81. 



Common seal 
to be afQxed to 
deedB, &c. 



Number of 

Trustees 

limited. 



Land granted. 



First meeting. 



and ordain reasonable rules, orders and bye laws not re- 
pugnant to the laws of this Commonwealth, with reason- 
able penalties, for the good government of said Free 
Grammar School. 

Seo. 4th. Beit fiu-ther eiiacted, That the said trnsteea 
may have one common seal which they may at pleasure 
break alter and renew — & that all deeds signed, and 
sealed with their seal, and acknowledged by the Treasurer 
or Secretary of said Corporation, by order of the said 
trustees, shall be good and valid in law — and that the 
said trustees 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 of The Trustees 
of the Monmouth Free Grammar School. 

Sec. 5th. Be it further enacted, That the number of 
said Trustees shall not at any one time be more than 
eleven or less than seven, five of whom shall constitute a 
quorum to do business, and that a majority of said trustees 
shall consist of men who are not inhabitants of said town 
of Monmouth. 

Sec. 6th. Be it further enacted, That there be, and 
is hereby granted to the said Trustees, and their succes- 
sors forever, for the use of the said Free Grammar School 
in Monmouth, fifteen hundred acres of any of the unap- 
propriated lands of this Commonwealth in the District of 
Maine, excepting the ten townships on the Penobscot 
river purchased of the indians, to be laid out and assigned 
by the Agents who now are, or hereafter may be appointed 
to complete contracts for the sale of eastern lands. 

Sec. 7th. Be it further enacted, That the honorable 
Nathaniel Dummer Esqr. l)e, and hereby is authorized to 
fix the time and place for holding the first meeting of said 
trustees, and to notify them thereof accordingly. 

Approved February 22, 1803. 



1803. — Chapter 81. 

[January Session, ch. 43.] 

AN ACT TO AUTHORIZE THE RELIGIOUS SOCIETIES THEREIN 
MENTIONED TO INCREASE THE TAXES ON THEIR PEWS. 

Whereas the religious Society in Boston, called the 
First Church there, woi'shiping at a meeting house called 
the Old Brick; and the religious Society in Boston, called 
the Church in Brattle-square, worshiping at the meeting 



Acts, 1802. — Chaptek. 82. 153 

house in said Square, have petitioned for an increase of 
poiver in taxing their peivs: Therefore 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, That the religious Societies before herein AiineceBsary 
described, shall be, and hereby are authorized, severally ataeBBldon 
to assess on the pews in their respective meeting houses, *^® ^^^^' 
such taxes as they, from time to time, shall find necessary 
for the maintenance of pul)lic worship, and other paro- 
chial charges ; and that the said Societies shall have full 
power, on the nonpayment of the taxes so assessed, to sell 
the pews on which the same shall be assessed, for the pay- 
ment thereof, observing the rules and regulations of the 
laws in being for selling pews in Boston for the payment 
of taxes : And provided ahvays, that the assessment made 
by said Societies on pews shall be at meetings duly warned 
according to law, and all the proceedings touching such 
taxes shall be conformed to the laws in being for govern- 
ing taxes of that nature in the said town of Boston : 
Saving nevertheless to each of said Societies, and the 
proprietors of pews, any rights reserved to either regard- 
ing such pews, or any private contract subsisting between 
them. Approved February 22, 1803. 

1803. —Chapter 83. 

[January Session, ch. 44.] 

AN ACT TO ESTABLISH AN ACADEMY AT LENOX, IN THE COUNTY 
OF BERKSHIRE. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, that an Academy for the instruc- Berkshire 
tion of youth in Learning, virtue, & Eeligion, be and ushed™^ **'" 
hereby is, established at Lenox, in the County of Berk- 
shire, by the name of The Berkshire Academy. 

Sect. 2d. And be it further enacted, that the honour- Trustees 
able William Walker, the reverend Samuel Shepard, ""'°''p°''" "^ 
Azariah Egleston Esqr., Joseph Goodwin Esqr., Eldad 
Lewis Esqr., Captain Enos Stone, and Doctor Caleb H^^dc 
of Lenox, the reverend Ephraim Judson, of Sheffield, the 
reverend Jacob Catlin of New Marlborough, the honour- 
able Thomas Ives of Great Barrington, the honourable 
Barnabas Bidwell of Stockbridge, the honourable Nathaniel 
Bishop of Richmond, the reverend Thomas Allen, Simon 



154 



Acts, 1802. — Chapter 82. 



Corporate 
name. 



Clerk and 
treasurer to be 
appoiuted. 



Trustees may 
be elected. 



Number of 

Trustees 

limited. 



Land granted. 



Larned Esqr., & Joshua Danforth Esqr. of Pittsfield, & 
Joseph Whiton Esqr. of Lee, be & they hereby are, con- 
stituted a Body Corporate, by the name of The Trustees 
of Berkshire Academy ; and they and their successors, 
shall continue a corporation by that name forever, with 
power to have a common Seal, to contract, to sue or be 
sued, & prosecute or defend suits, by their Agent or 
Agents, appointed for that purpose, to take, hold, & im- 
prove, any estate, real or personal, & the same to lease, 
exchange, or sell and convey, for the benefit of the said 
Academy, by deed or Deeds, duly executed, by their 
Treasurer or other ofiicer or agent, being thereunto au- 
thorised by the said Corporation : Provided that the 
annual income of the whole estate of the said Corporation, 
shall not exceed Five thousand Dollars. 

Sect. 3d. And be it further enacted^ that the said 
Trustees shall have power from time to time to appoint a 
Clerk who shall be under oath, & a Treasurer who shall 
give bond, for the faithful discharge of his trust, & such 
other officers, & such instructors & governors of the 
said Academy, as the said Trustees may judge needful! 
and proper, and also to determine the times and places of 
their meetings, the mode of warning the same, of electing 
officers & Trustees, and of transacting all other business ; 
and to ordain necessary and reasonable orders, regula- 
tions, & bye Laws, for the instruction & government of 
the said Academy, not repugnant to the Constitution and 
Laws of this Commonwealth. 

Sect. 4. And he it further enacted^ that whenever any 
of the said Trustees shall die or resign, or by age, infirm- 
ity, or otherwise become incapable of discharging his said 
Trust, in the judgment of the major part of the said Trus- 
tees, the survivors may fill such vacancy by electing a 
successor. 

Sect. 5. And he it further enacted, that the number 
of the said Trustees, shall not at any time be more than 
Sixteen, nor less than Nine, five of whom, shall constitute 
a Quorum for the transaction of business, and all questions 
shall be decided, by the votes of a major part of the Trus- 
tees present, and in case of an equal division, by the cast- 
ins; vote of the Presiding Trustee. 

Sect. 6. And he it further enacted, that there be & 
hereby is granted to the said Trustees & their successors, 
for the use of the said Academy one half a township of 



Acts, 1802. — Chapter 83. 155 

six miles square, of any of tlie unappropriated lands of this 
Commonwealth, in the District of Maine, (except the ten 
townships on Penobscot River, purchased of the Indians) 
to be laid out and assigned by the Agents for the Com- 
monwealths Lands, under the usual restrictions and reg- 
ulations of Similar Grants : Provided that the said Com- 
mittee shall not proceed to lay out & assign said half 
Township of Land, until it shall be certified to them, by 
the Justices of the Court of common Pleas, within & for 
said County of Berkshire, or the major part thereof, that 
the estate vested in, & secured to, the said Trustees, is, 
at the time of such certificate, of the value of Three Thou- 
sand Dollars. 

Sect. 7. And be it further enacted, that the honour- First meeting, 
able William Walker be, & he hereby is, authorized to 
appoint the time & place, and purposes of the first meet- 
ing of the said Trustees, & give them notice thereof. 

Approved February 22, 1803. 

1803. — Chapter 83. 

[January Session, ch. 45.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
WISCASSET & AUGUSTA TURNPIKE CORPORATION. 

Sec 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, That John Anderson, Francis An- Persons incor- 
derson, Jeremiah Bailey, Thomas Bond, Thomas Boyd, ^°^^^ 
William M. Boyd, Alden Bradford, Edmund Bridge, 
Nathaniel Bridge, James Bridge, William Brooks, Moses 
Carlton Junr., Orchard Cook, Francis Cook, Joseph Chris- 
tophers, Daniel Cony, Samuel Cony 2d., George Crosby, 
John Davis, Robert Elwell, John Gage, Joshua Gage, 
Theophilus Hamlen, Henry Hodge, John Hodge, William 
Howard, Samuel Howard, John Jones, Silas Lee, Arthur 
Lithgow, Thomas McCrate, John Merrill Junr. Samuel 
Miller, William Nickels, Thomas Nickels, Joseph North, 
David Payson, David Payson Junr. , William Pike, William 
Pitt, William Robinson, Henry Sewall, Manasseh Smith, 
Nymphas Stacy, Samuel Titcomb, Peter Thacher Vose, 
Ebenezer Whittier, Benjamin Whitwell, Abiel Wood Junr. 
and Samuel Waters, together with such others as may 
hereafter associate with them, and their successors, shall 
be a Corporation by the name and style of The Wiscasset corporate 

At/ •/ namfi. 



156 Acts, 1802. — Chapter 83. 

and Augusta Turnpike Corporation, with all the powers 
and priviledges usually given and belonging to similar 
Corporations, for the i)urpo8e of laying out, making and 

?o°adT °^^^° keeping in repair a turnpike road, between the Court house 
in Wiscasset, at or near Smith's house at the ferry in 
Pittston, and from thence to the Bridge at Augusta, upon 
as strait a line as circumstances will admit ; which turn- 
pike road shall not be less than four rods wide, and the 
part to be travelled on, not less than twenty two feet in 
width, in any part thereof, and when said road shall be 
sufficiently made, and shall be allowed and approved by 
a Committee appointed by the Courts of General Sessions 
of the Peace, for each of the Counties of Lincoln and Ken- 
nebeck for that purpose : (Provided that no member of 
either of the said Committees shall have any share or in- 
terest in the said turnpike, and shall judge only of the 
portion of the said turnpike, in the Counties in which they 
reside) then the said Turnpike Corporation shall be au- 

t^o"be^i''ectld'r thorized to erect turnpike gates on the said road, at such 

with a proviso, pjaccs as the said Committee of the said Court of Sessions, 
and the said Corporation shall judge necessary and con- 
venient for collecting the toll : Provided that no turnpike 
gate be erected on, or any toll demanded on any part of 
the present travelled roads ; the said gates to be not less 
than ten miles distance from each other, and shall be en- 
titled to receive of each traveller or passenger at each of 

iTsher'*^ the said gates, the following rates of toll, viz. For each 
coach, phaeton, chariot or other four wheel carriage, drawn 
by two horses, twenty five cents, and if drawn by more 
than two horses an additional sum of four cents for each 
horse. For every cart or waggon drawn by two horses 
or oxen, ten cents, and if drawn by more than two oxen 
or horses, an additional sum of three cents for each ox or 
horse. For every curricle fifteen cents ; For every chaise, 
chair or other carriage drawn by one horse twelve cents. 
For every man and horse, six cents. For every sled or 
sleigh drawn by two oxen or horses eight cents, and if 
drawn by more than two oxen or horses, an additional 
sum of two cents for each ox or horse. For every sled 
or sleigh drawn by one horse six cents. For all horses, 
mules, oxen or neat cattle led or driven besides those in 
teams or carriages, one cent each. For all sheep or swine 
at the rate of three cents for one dozen. Provided, that 
said Corporation may, if they see cause, commute the rate 



Acts, 1802. — Chapter 83. 157 

of toll with any Corporation, person or persons, by taking 
of him or them a certain sum annually to be mutually 
aOTeed on, in lieu of the toll aforesaid. And the said S'gn-board to 

^5 .11 "® erected. 

Corporation at each place where the toll shall be collected, 
shall erect in a conspicuous place, & constantly keep ex- 
posed to open view a sign or board, with the rates of toll 
of all the tollable articles fairly and legibly written thereon 
in large or capital characters. 

Sec. 2d. And be it further enacted, That the said ^uoTeTiohoid 
Corporation may purchase and hold land over which they la^d. 
may make said road ; and the Justices of the Court of 
General Sessions of the Peace in the Counties of Lincoln 
and Kennebeck, are hereby authorized on application of 
the said Corporation to lay out the said road or any part 
thereof within the said Counties of Lincoln and Kenne- 
beck, as with the consent of the said Corporation, they 
shall think proper ; and the said Corporation shall be 
liable to pay all damages that may arise to any person by 
taking his land for such road, where the same cannot be 
obtained by voluntary agreement, to be estimated by a 
Committee appointed by the Court of General Sessions 
of the Peace of the County wherein the said land lieth, 
saving to either party the right of trial by Jury, accord- 
ing to the law which makes provision for the recovery of 
damages arising from the laying out of highways. 

Sec. 3d. And be it further enacted, That if the said Penalty for de- 
. I • n 1 1 • 1 • laying travel- 

Corporation, or their toll gatherers, or others in their leiB. 

employ, shall unreasonably delay or hinder any traveller 
or passenger at either of the said gates, or shall demand 
or receive more toll than is hy this act established, the 
Corporation shall forfeit and pay a sum not exceeding ten 
dollars, nor less than two dollars, to be recovered before 
any Justice of the Peace of the County where the offence 
shall be committed, by any person injured, delayed or 
defrauded, in a special action of the case, the writ in which 
shall be served on the Corporation, by leaving a copy of 
the same with the Treasurer, or with some individual 
meralier living in the County where the action may l)e 
brought, or by reading the same to the said Treasurer or 
individual member, at least seven days before the trial. 
And the Treasurer of the said Corporation or individual 
member, shall be allowed to defend the same suit in be- 
half of the said Corporation. And the said Corporation corporation 
shall be liable to pay all damages which may happen to age8'*by°defe"" 

of bridges, &c. 



158 



Acts, 1802. — Chapter 83. 



Penalty for in- 
juring the road 
or evading toll. 



any person from whom toll is demandable, for any damage 
which shall arise from defect of bridges or want of repairs 
in the said way ; and shall also be liable to presentment 
by the Grand Jury for not keeping the same in good 
repair. 

Sec. 4th. And be it further enacted, That if any per- 
son shall cut, break down, or otherwise injure or destroy 
either of the said turnpike gates, or shall dig up or carry 
away any earth from the said road, or in any manner 
damage the same, or shall forcibly pass, or attempt to 
pass the said gates by force without having first paid 
the legal toll at such gate, such person shall forfeit and 
pay a fine not exceeding ten dollars nor less than five 
dollars, to be recovered by the Treasurer of the said Cor- 
poration to their use, in an action of trespass, or on the 
case. And if any person with his team, cattle, or horse 
turn out of the said road to pass any of the turnpike gates, 
and ao;ain enter on the said road with intent to evade the 
toll due by virtue of this act, such person shall forfeit and 
pay three times so much as the legal toll would have been, 
to be recovered by the Treasurer of the said Corporation, 
to the use of the same, in an action of debt or on the case. 
Provided that nothing in this act shall extend to entitle 
the said Corporation to demand and receive toll, of any 
person who shall be passing with his horse or carriage to 
or from public worship, or with his horse, team or cattle, 
to or from his common labour on his farm, or to or from 
any grist mill, or on the common and ordinary business 
of family concerns, or from any person or persons pass- 
ing on military duty. 

Sec. 5th. And be it further enacted. That the shares 
in the same turnpike road shall be taken deemed and con- 
sidered to be personal estate to all intents and purposes, 
and shall and may be transferrable ; and the mode of 
transferring the said shares shall be by deed, acknowl- 
edged before any Justice of the peace, and recorded by 
the Clerk of the said Corporation in a book for that pur- 
Mode of attach- posc to be provided and kept. And when any share shall 
be attached on mesne process, or taken in execution, an 
attested copy of such writ of attachment or execution, 
shall at the time of the attachment or taking in execution 
be left with the Clerk of the said Corporation otherwise 
the attachment or taking in execution, shall be void, and 
such shares may be sold on execution, in the same man- 



Shares consid- 
ered personal 
property ; mode 
of transfer, &c. 



ment, &c. 



Acts, 1802. — Chapter 83. 159 

ner as is or may be by law provided for making sale of 
personal property on execution ; and the ^Officer making 
the sale, or the judgment creditor leaving a copy of the 
execution, and the OflScer's return on the same with the 
Clerk of said Corporation within fourteen days after such 
sale, and paying for the recording of the same, shall be 
deemed and considered as a sufficient transfer of such 
share or shares in the said turnpike road. 

Sec. 6th. And be it further enacted That the first meet- First meeting; 
ing of the said Corporation shall be held at such time and chosen, &c. 
place as shall be agreed on by the major part of the pro- 
prietors, for the purpose of choosing a Clerk, who shall 
be sworn to the faithful discharge of the duties of his 
said Office, and such other Officers as may then and there 
be agreed upon by the said Corporation. And the said 
Corporation may at the same time establish such rules and 
regulations as shall be judged necessary for the well or- 
dering of its affairs ; and also upon a method for calling 
future meetings : Provided hoioever that such rules and 
regulations shall in no case be repugnant to the Constitu- 
tion and laws of this Commonwealth. 

Sec. 7th. And be it further enacted. That the said Cor- statement of 
poration shall within six months after the said road is anranmrai re* 
compleated, lodge in the Secretary's Office an account of Mbued? ^^ ''^ 
the expenses thereof; and that the said Corporation shall 
annually exhibit to the Governor and Council a true ac- 
count of the income or dividend arising from the said toll, 
with their necessary annual disbursements on the said 
road ; and that the books of the said Corporation shall at 
all times be subject to the inspection of a Committee to 
be appointed by the General Court, or to the inspection 
of the Governor and Council when called for. 

Sec. 8th. And be it further enacted. That whenever shares of de- 

.,111 1, pj_ a linquents to 

any proprietor shall neglect or reiuse to pay any tax or besoid. 
assessment duly voted and agreed upon by the Corpora- 
tion, to their Treasurer, within sixty days after the time 
set for the payment thereof, the Treasurer of the said 
Corporation is hereby authorized to sell at public vendue 
the share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray the said taxes, and 
necessary incidental charges, after having given public 
notice of such sale in the newspapers printed in the 
Counties of Lincoln and Kennebeck, and in case there 
shall be no newspaper printed in either County at the 



160 



Acts, 1802. — Chapter 84. 



Corporation 
may be dis- 
solved when 
iDdemnified 
with interest. 



time, then in the newspaper at such place as shall be the 
nighest to the. said turnpike road, the sum due on any 
such shares, & the time and place of sale ; at least thirty 
days previous to the time of sale ; and such sale shall be a 
sufficient transfer of the share or shares so sold, to the per- 
son purchasing the same ; and on producing a certificate of 
such sale from the Treasurer, to the Clerk of the said Cor- 
poration, the name of such purchaser, with the number of 
shares so sold, shall be by the Clerk entered on the books 
of the said Corporation, and such person shall be con- 
sidered, to all intents and purposes, the proprietor thereof; 
and the overplus, if any there be, shall be paid on de- 
mand by the Treasurer, to the person whose shares were 
then sold. 

Sec. 9th. And be it further e?iacted, That the Gen- 
eral Court may dissolve the said Corporation, whenever 
it shall appear to their satisfaction, that the income aris- 
ing from the said toll, shall have fully compensated the 
said Corporation for all monies they may have expended, 
in purchasing, repairing and taking care of the said road, 
together with an interest thereon at the rate of twelve per 
cent, by the year ; & thereupon the property of the 
said road shall be vested in this Commonwealth, and be 
at their disposal. Provided however that if the said Cor- 
poration shall neglect to complete the said turnpike road, 
for the space of seven years from the passing of this Act, 
the same shall be void and of no effect. 

Approved February 22, 1803. 



Keeping open 
of the passage- 
ways. 



1803. — Chapter 84. 

[January Session, ch. 46.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT TO REG- 
ULATE THE ALEWIVE FISHERY IN THE BROOK RUNNING 
OUT OF WAKEPEE POND INTO THE SEA, IN THE INDIAN 
PLANTATION CALLED MARSHPEE IN THE COUNTY OF BARN- 
STABLE PASSED JUNE THE THIRTEENTH A. D. 1801. 

Whereas the provision in the first section of the above 
recited Act, designating the time for the passage ^vays to 
be opened for said fish to pass and rejjass is found incon- 
venient, therefore 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that from and after the passing of 
this Act, the time for the passage way or ways to be kept 



Acts, 1802. — Chapter 85. 161 

open for the said fish to pass and repass through any mill 
dam or dams mentioned in said Act, shall be from the 
twentieth day of April to the fifteenth day of June an- 
nually, instead of from the first day of April to the 
twenty fifth of May. 

Sec. 2d. Be it further enacted^ That any person or Penalty for 
persons who shall take any such fish in the brook afore- rnVthe^fiBh. 
said without permission from the person or persons that 
shall be appointed ])y the said Board of Overseers as in 
said act is provided, shall for every such oflence forfeit 
and pay one dollar for every hundred of fish so taken, so 
in proportion for a greater or lesser quantity, to be recov- 
ered and applied in manner provided by the fourth section 
of the above recited act ; any thing in the above recited 
Act to the contrary notwithstanding. 

Ajyproved February 22, 1803. 

1803.— Chapter S5, 

[January Session, ch. 47.] 

AN ACT, TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF BRUNSWICK IN THE COUNTY OF CUMBERLAND, 
INTO A RELIGIOUS SOCIETY, BY THE NAME OF THE BAPTIST 
SOCIETY IN BRUNSWICK. 

Sec 1. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled <& hy the 
Authority of the same, that Philip Owen, William Dun- Persons scor- 
ing, Daniel Brown, Samuel Stanwood, William Woodside, ^""^"'^ ' 
Andrew Blake, Abraham Toothaker, Judah Chase, Wil- 
liam Starbird, David Curtis, Samuel Dunlap, James 
Stanwood, Adam Woodside, David Duning, Josiah Simp- 
son, William Ross, Frederick French, Nathaniel Chase, 
James Chase, William Swett, Shimuel Owen, Abner 
Melcher, William Low, Charles Ryan, Ephraim Hunt, 
Anthony Woodside, William Lunt, Andrew Duning, 
William Hunt, Michael Grows, Joseph Ross, Anthony 
Chase, Gideon Toothaker, John Given, David Given, and 
Uriah Ellet, together with their families and Estates, to- 
gether with such others l)eing inhal)itants of the Town of 
Brunswick as have or may within two years after the 
passing of this Act, associate themselves for the same pur- 
pose, in the manner herein after described, be, and they 
are hereby incorporated into a religious Society ])y the corporate 
name of The Ba})tist Society in Brunswick, with all the °*"®- 
powers priviledges & immunities to which other Parishes 



162 



Acts, 1802. — Chapter 85. 



Method of 
joining the 
society. 



Method of 
leaving the 
society. 



First meeting. 



are intitled by the Constitution and Laws of this Com- 
monwealth, for religious purposes only. 

Sec 2. Be it further Enacted, that any person in 
the town of Brunswick aforesaid, being of the Baptist 
denomination aforesaid who may at any time within two 
years from the passing of this Act, actually become a 
member of and unite in religious worship with the Soci- 
ety aforesaid, and give in his or her name to the clerk of 
the town or parish, to which he or she belongs, with a 
Certificate, signed by the minister or clerk of said Soci- 
ety, that he or she has actually become a member of, and 
united in religious Worship with the aforesaid Baptist 
Society in Brunswick, fourteen days previous to the town 
or Parish meeting therein to be holden in the Month of 
March or April annually, shall from and after giving such 
certificate, with his or her Polls and Estates, be consid- 
ered as part of said Society. Provided however, that such 
person shall be holden 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 meml)er 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 Certifi- 
cate of such his or her intention with the Clerk or-Minister 
of said Baptist Society, and also with the Clerk of the 
town or parish in which he may reside, fourteen days, at 
least, before the annual town or parish meeting to be 
holden therein in the Month of March or April until the 
Year one thousand, eight hundred and five, and shall pay 
his proportion of all money assessed on said Society pre- 
vious thereto, such person shall, from and after giving 
such certificate within the time aforesaid, with his polls 
and Estate, be considered as belonging to the town or 
parish in which he may reside, in the same manner as if 
he had never belonged to said Baptist Society. 

Sec. 4. And be it further enacted. That Nathaniel 
Larrebee be, and he is hereby Authorised to issue a war- 
rant, directed to some suitable Member of said Baptist 
Society, requiring him to notify and warn the members 
thereof to meet at such time and place as shall be ap- 
pointed in said warrant, to choose such officers as parishes 
in this Commonwealth are by law Authorised to choose in 
the Month of March or A])ril annually. 

Ap'proved February 22, 1803. 



Acts, 1802. — Chapter 86. 163 

1802. — Chapter 86. 

[January Seseion, ch. 48.] 

AN ACT EMPOWERING AARON PORTER AND OTHERS TO CON- 
STRUCT LOCKS, AND TO OPEN A NAVIGABLE CANAL BY SACO 
FALLS ON SACO RIVER. 

Sect. 1. Be it enacted by the Senate and House of 
Iiej)resentatwes, in General Court assembled, and by the 
authority of the same, that Edmund Coffin, Ichabod Fair- Persons incor. 
field, Jeremiah Hill, Prentiss Mellen, Benjamin Nason, p'"""'*'^- 
Samuel Pierson, Aaron Porter, and George Thatcher, to- 
gether with such as may hereafter associate with them, 
and their heirs and assigns, be and they are hereby em- 
powered, within the term of Six years from the passing 
of this Act, to open a navigable Canal, from or near 
Gooch's Island so called, above the falls in Saco River, 
to the waters below the said falls, to the most convenient 
place, and in the most convenient direction, for shipping 
or delivering the Lumber, timber, spars, wood, boats, 
and all other commodities, which they may from time to 
time want to convey through the said Canal, and that they 
may erect such a number of Locks as may be necessary 
for the purposes of conveying all the materials aforesaid, 
in the most safe and convenient manner, and for the pur- 
poses aforesaid, to take, use, occupy, possess and enjoy, 
in fee simple any lands or waters necessary to carry into 
effect, and to compleat the same, they paying therefor, in 
manner hereafter prescribed. 

Sect. 2d. And be it further enacted, that to enable 
the Proprietors aforesaid, more effectually to carry into 
execution, the purposes of this act, they shall be and corporate 
hereby are made a Corporation and body Politic, by the 
name of The Proprietors of The Saco Falls Canal, and by 
that name may sue and be sued, defend and be defended, 
prosecute and be prosecuted to final judgment & execu- 
tion, & shall have a common Seal, and do & suffer all 
other matters and things, & be vested with all the powers 
& priviledges, which are usually incident to similar cor- 
porations. 

Sect. 3. And be it firther enacted, that if any Corpo- in case of dam- 
ration, or individual person shall sufler any damage, by b|^h"ca!^a°!^ 
means of the said Locks & Canals, and the parties cannot 
agree upon the amount or the value of the damages thus 
occasioned, nor upon some suitable person or persons to 



164 



Acts, 1802. — Chapter 86. 



Provision for 
trial by jury. 



Penalty for 
injuring the 
canal &c. 



estimate the same, then & in such case, some disinterested 
person or persons, shall be appointed by the Court of 
General Sessions of the Peace, or by two Justices of the 
Quorum for the County of York, and the determination 
of the referrees so appointed shall be the measure of such 
damage. Provided nevertheless, that if either party shall 
be dissatisiied with the award of the referrees aforesaid, 
and shall at the same Session at which the Report shall be 
made, apply to the Court, for a trial ])y Jury, the said 
Court shall have power to determine the same by Jury, in 
the same manner other causes are determined ; and if the 
Verdict of the Jury shall not give to the party applying, 
a larger sum than the Referrees have awarded as afore- 
said, then the Court shall award costs against the party 
applying : — but if the last decision shall be more favora- 
ble to the party applying, than the decision of the Refer- 
ees, then the Court shall award costs against the party 
not applying, & the Court shall render judgment & direct 
execution to issue thereon accordingly. 

Sect. 4. A7id be it further enacted, that if any person 
or persons shall wilfully & maliciously, take up, remove, 
break down, dig under, or in any other manner destroy 
or injure any of the Works, or any part thereof, of any 
Canal or lock, or any dam made use of, for enclosing 
water for the uses & purposes of the said Canal, or shall 
divert or obstruct the waters of any stream runing to, 
or from any pond or reservoir, used, adapted and de- 
signed for the ymrposes aforesaid, or shall cut down, 
damage, or carry away, or set on float to be carried 
away, any boards, plank, joist, or other timber, or ma- 
terials used or to be used, in or about any of said works, 
or shall be aiding or assisting, in any of the trespasses 
or damages aforesaid, he shall for every such oft'ence for- 
fiet & pay, to the Proprietors aforesaid, treble the value 
of such damages as the Proprietors aforesaid shall, to 
the Justice, or Court and Jury, before whom the trial 
shall be, make appear that they have sustained, by means 
of the same trespass to be sued for & recovered, in any 
Court proper to try the same, and such offender or of- 
fenders shall be liable to presentment by the Grand In- 
quest of the County of York, for any offence or offences 
against this Law, and on conviction thereof, on such pre- 
sentment, before the Court of General Sessions of the 
Peace for the said County, or before the Supreme Judi- 



Acts, 1802. — Chapter 86. 165 

cial Court, shall be liable to pay a fine to the use of the 
Commonwealth, of not more than fifty Dollars, nor less 
than five Dollars, or be imprisoned for a term, not more 
than two months, nor less than ten days at the discretion 
of the Court, before whom the Conviction shall he. 

Sect. 5. Atid be it further enacted, that for the pur- Toiiestab- 

. lished 

pose of reimbursing to the said Proprietors, the monies 
by them expended or to be expended, in building & sup- 
porting the said Dams, canals & locks, a Toll shall be and 
hereby is granted & established for the benefit of the said 
Proprietors, and their heirs & assigns, according to the 
rates following, vizt. For every thousand feet of boards & 
])lanks, conveyed through the same fifty cents, and for 
timber of every description, in the same proportion, and 
at the same rate. For hogshead staves seventy five cents. 
Barrel staves fifty cents, per thousand and other kinds in 
proportion. Clapboards fifty cents. Shingles ten cents 
per thousand and all other Slit work in proportion thereto. 
Boats & other craft passing thro' the same, for every 
Ton weight fifty cents. For every Cord of wood fifty 
cents. 

Sect. 6. And be it further enacted, that as soon as the canai author. 
said Canal &, Locks are compleated, the proprietors, shall Bidtotthefaiis. 
have power to lay the toll as aforesaid, on all the several 
articles as they pass, and to retain them, or a part of 
them for the payment thereof, if payment should be re- 
fused ; and the said Proprietors their heirs & assigns, 
shall have a right of making Locks & Canals as aforesaid, 
on the western side of the said Saco falls. 

Sect. 7. And be it further enacted, that upon applica- First meeting. 
tion of the said Proprietors, or any three of them, to a 
Justice of the Peace for the County of York, requesting 
him to call a meeting of the said Proprietors, to be liolden 
at some convenient place, within the town of Biddeford, 
in the same County ; such Justice is hereby empowered to 
issue his Warrant, directed to one of the said Proprietors, 
requiring him to notify & warn his associates, to meet at 
such time and place in the said town of Biddeford, as 
shall be directed in the said Warrant, who when met, 
may agree upon a Method for calling future meetings of 
the Said Proprietors, and to consult upon and do such 
other afiairs of the said Propriety as shall be expressed 
in the said warrant. Apjjroved February 22, 1803. 



166 



Acts, 1802. — Chapter 87. 



Preamble. 



Incorporating 
clause. 



Corporate 
name. 



Bstate to be 
held free from 
taxes. 



Husbands of 
members to be 
accountable. 



1803. — Chapter 87. 

[January Session, ch. 49.] 

AN ACT TO INCORPORATE HANNAH STILLMAN AND OTHERS 
INTO A SOCIETY BY THE NAME OF THE BOSTON FEMALE 
ASYLUM. 

Whereas Hannah 8tilhnan and a Number of other Ladies 
of the Town of Boston, have associated for the charitable 
purpose of relieving, instructing , employing and assisting 
female orphan children; and, to carry their association 
into effect, have petitioned to be incorporated: 

Sect. 1st. Be it enacted, by the Senate and House of 
Representatives, in General Gourt assembled, and by the 
authority of the same. That the said Hannah Stillman and 
her associates, together with such others, as may become 
Subscribers to the same institution in the manner herein- 
after provided, be, and they hereby are, incorporated into 
a Society, by the name of The Boston Female Assylum, 
and by that name shall be a corporation forever, with 
power to have a Common Seal ; to make contracts, rel- 
ative to the objects of their institution ; to sue and be 
sued ; to establish bye-laws and orders for the regulation 
of the said Society, & the preservation & application of 
the funds thereof, provided the same be not repugnant to 
the constitution or laws of this Commonwealth ; to take, 
hold and possess any estate, real or personal, by subscrip- 
tion, gift, grant, purchase, devise or otherwise, free from 
taxes, and the same to improve, lease, exchange, or sell and 
convey, for the sole benefit of said institution ; provided 
the value of the real estate of said Society shall never ex- 
ceed Fifty thousand dollars, and the annual income of the 
whole estate of said Society shall not exceed Twenty 
thousand dollars. 

Sect. 2d. And be it further enacted, that every mar- 
ried Woman, belonging to said Society, who shall, with 
the consent of her husband, recieve any of the money or 
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 the sum of three Dol- 
lars annually, shall, by such subscription and payment, 
become a member of said Society, liable, however, to be 
removed, whenever she shall refuse or neglect to pay her 
said annual Subscription. 



Acts, 1802. — Chapter 87. 167 

Sect. 3d. A7id be it further enacted, that the said Annual meeting 

lor clioicc or 

Society shall meet in Boston on the last tuesday of Sep- officers. 
teuiber annually, for the purpose of electing, l)y ballot, 
from their members, a First and Second Directress, a 
Treasurer, a Secj'etary, and a Board of not less than Six 
nor more than twelve managers ; all which officers shall 
hold their said offices for one year, and until others shall 
be elected to succeed them. And the managers for the 
time being shall publish a notification of the time and 
place of each annual meeting, in two of the Newspapers 
printed in Boston, at least seven days before the time of 
holding the same. Upon any urgent occasion, the First caiungof 
or Second Directress, or, in their absence, the Secretary, fngB!" 
or, whenever requested in writing by fifty members of 
said Society, any five of the managers, may appoint a 
special meeting of said' society, to be notified in the same 
manner as annual meetings. And at any regular meeting 
the Society may remove any manager from office, and by 
ballot fill any vacancy in the board of managers or any 
other corporate office, provided that, in case of removal, 
two thirds of the members present, being a majority of 
the whole corporation, shall concur. 

Sect. 4th. And he it further enacted, that the Treas- Treasurer to be 
urer of said Society shall always be a Single Woman of the "^'"^'^ woman. 
age of twenty one years or upwards, and shall give bond, 
with sufficient surety or sureties, to account annually, or 
oftner if required by said Society, or the board of man- 
agers, for all money and other property of said society 
coming to her hands, and in general to discharge the 
duties of her said Office with fidelity. 

Sect. 5Tir. And be it farther enacted, that the board Managers to 

,.,.,''. , have the care of 

oi managers tor the time bemg shall have the managfement the property. 

and application of the Subscriptions, funds and estate of 

the Society, solely for the purpose of this institution ; and 

no sale or transfer of any real or personal estate of said 

Society shall be valid, unless approved by them ; and no 

money shall be paid out of the treasury of said Society, 

exce})t by their order. They shall likewise have authority, Empowered to 

at their discretion, to take into their asylum such female orphans!*™*'^ 

orphan children, as they may judge suitable objects of 

Charity, to enjoy the benefits of the institution ; and also 

to accept a Surrender in writing, by the father, or where 

there is no father, by the mother, of any female child or 

children, to the cai'e and direction of said Society ; and to 



168 



Acts, 1802. — Chapter 87. 



Parents may 
receive their 
children again 
on condition. 



Service of proc- 
eeiHagniDBt said 
corporation. 



Signing of in- 
struments of 
conveyance, &c, 



Present officers 
recognized. 



bind out, in virtuous families, until the age of eighteen 
years, or marriage within that age, any such orphans, or 
children thus surrendered, or any female child or children, 
who, being destitute of parents within this Commonwealth, 
shall have been relieved & supported by said Society ; 
provided, that any parent, whose child or children, dur- 
ing the absence of their said parent out of this common- 
wealth, shall have received relief and support or been 
bound out as aforesaid, shall have liberty, on his or her 
return, to recieve such child or children, upon paying to 
the treasurer of said Society the expence incurred in her 
or their relief and support as aforesaid, and the managers 
shall have authority to establish any rules & bye laws for 
the regulation of the proceedings of said board, and the 
concerns of said Society, not repugnant to the Laws of the 
Commonwealth, or the bye-laws and orders of said Society. 
Not less than three managers shall constitute a quorum for 
transacting business ; and all questions shall be decided 
by the Votes of a majority of the managers present. 

Sect. 6th. And be it further enacted, that any writ or 
process against said corporation may be served by the 
officers leaving an attested copy thereof with the treasurer 
of said Society, or at her usual place of residence thirty 
days before the return day thereof, and the said Treasurer, 
or any agent appointed for that purpose by the Society, or 
by the managers may appear, by attorney, and defend or 
prosecute any suit in behalf of said Society. 

Sect. 7th. And he it further enacted, that all instru- 
ments of conveyance or contract, which may lawfully be 
made by said Society, if approved by the board of man- 
agers, shall be signed by the first or Second Directress, 
and countersigned by the Secretary, and, if necessary, 
sealed with the Common Seal of said Society ; and, when 
so executed, shall bind the said society and be valid in 
law. 

Sect. 8th. And he it further enacted, that Hannah 
Stillman shall continue First Directress ; Sarah Bowdoin, 
Second Directress ; Elizabeth Perkins, Treasurer ; Eliza- 
beth Thurston, Secretary; Mary Hubl)ard, Sarah Park- 
man, Hannah Smith, Mary Gray, Abigail May, Margaret 
Whitwell, Elizabeth Dorr, Mary Grew, Ann Green, Mar- 
garet Cooper, and Elizabeth Goodwin, managers, until the 
last tuesday of September next, and until a new election 
shall be made as aforesaid ; and shall be, and they hereby 



Acts, 1802. — Chapters 88, 89. 169 

are invested, during said time, with all the powers, which 
are herein given to the managers to be annually elected 
by the Society. Approved February 26, 1803. 

1803. — Chapter HS, 

[January Seeeion, ch. 50.] 

AN ACT TO CHANGE THE NAME OF THE TOWN OF COXHALL IN 

THE COUNTY OF YORK. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same, That from and after the date of this Act, the 
name of the said town of Coxhall shall cease, and the said 
town shall be henceforth called and known by the name 
of Lyman, any law to the contrary notwithstanding. 

Approved February 26, 1803. 

1803. — Chapter 89. 

[January Session, ch. 51.] 
AN ACT TO DIVIDE THE TOWN OF FREETOWN AND TO INCORPO- 
RATE THE SOUTHERLY PART THEREOF INTO A SEPERATE 
TOWN BY THE NAME OF FALLRIVER. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled & by the au' 
thority of the same. That the Southerly part of Freetown BoundarieH. 
in the County of Bristol, as discribed within the following 
bounds, with the inhabitants thereon, be, and they are 
hereby incorporated into a seperate Town by the name of 
Fallriver ; vizt. begining in Taunton great River, so called, 
and thence running South seventy degrees East on the line 
dividing the lands belonging to the heirs of Samuel Volen- 
tine, from the lands of the hiers of William Volentine, and 
so continuing the same course about eighteen hundred 
and sixty rods till it intersects a line running from the 
Town of Dartmouth North twelve degrees East by the 
easterly end of the twentieth great Lot owned by Thomas 
Borden and Richard Borden, thence on the line last men- 
tioned to Dartmouth line, thence by the lines of the towns 
of Dartmouth and Westport to the State of Rhodeisland 
— thence on the line of said state into said River — thence 
by the channel of said river to the bounds first mentioned. 
And the said Town of Fallriver is hereby vested with all 
the powers and privileges, rights, & imnmnities to which 
other towns are intitled by the constitution and laws of 
this Commonwealth. 



170 



Acts, 1802. — Chapter 90. 



Payment of 
debts and 
division of 
property. 



Support of 
poor. 



Taxes. 



First meeting. 



Sect. 2d. Be it further enacted^ that the said Town 
of Fallriver shall pay all arrears of taxes, which have been 
assessed upon them, together with their proportion of all 
debts owed by said Town of Freetown prior to the date 
of this act ; and that all questions relative to property al- 
ready existing shall be adjusted and settled in the same 
manner as if this act had not been made ; and that all 
property rights and credits of said Town of Freetown be 
received and enjoyed by the said Town of Fallriver ac- 
cording to their proportion of the taxes of said Freetown, 
as assessed in the last tax bills. 

Sect. 3d. Be it further enacted^ that the said Town of 
Fallriver shall take upon themselves and support one half 
of all the poor now actually chargeable to said Town of 
Freetown ; and shall also bear and pay one half the ex- 
pence of supporting such poor persons as may be sent 
back upon said town of Freetown from other Towns, who 
removed from said Town of Freetown, prior to the pass- 
ing of this act. 

Sect. 4th. Be it further enacted, that of all State & 
County taxes which shall be levied and required of said 
Towns, previous to a new valuation, the said Town of 
Fallriver shall pay four tenths. 

Sect. 5th. And he it further enacted, that Charles 
Durfee Esqr. be and he hereby is authorized to issue his 
warrant, directed to some suitable inhabitant of the said 
town of Fallriver, requiring him to notify and warn the 
inhabitants of the said town, qualified by law to vote in 
Town aifairs to meet at such time and place as shall be 
expressed in the said Warrant to choose all such officers 
as other towns within this Commonwealth are required by 
law to choose in the Months of March or April annually 
and the ofiicers so chosen shall be qualified as other town 
OflScers are. Approved February 26, 1803. 



1803. — Chapter 90. 

[January Session, ch. 52.] 

AN ACT IN ADDITION TO THE ACT, ENTITLED, "AN ACT FOR IN- 
CORPORATING CERTAIN PERSONS FOR THE PURPOSE OF LAY- 
ING OUT AND MAKING A TURNPIKE ROAD, FROM SALEM TO 
CHARLES RIVER BRIDGE, FOR BUILDING THE NECESSARY 
BRIDGES ON SAID ROAD AND FOR SUPPORTING THE SAME." 

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



Acts, 1802. — Chapter 90. 171 

Authority of the same, that the said Corporation be, and it ^JiXnJ^eal''^ 
is hereby authorised to purchase and hold real estate, to the estate. 
Amount of Thirty thousand Dollars, instead of the Twelve 
thousand mentioned in the said Act, to which this is in 
addition; and that the said Corporation, and the Court 
of General Sessions of the Peace, within and for the 
County of Middlesex, with the consent of the said Corpo- 
ration, be & they are hereby authorised on the proprie- 
tors petition, now pending in said Court, or on any other 
petition, for the purpose, to lay out the said Road, in the width of mad 
said town of Charlestown, instead of four rods wide, as pla^jfes!"" 
mentioned in the aforesaid Act, not less than fifty feet 
wide from Mystick River to Gorham's Ropewalk, and not 
less than forty feet wide from thence, to the Main Street 
in Charlestown, leading to Charles River Bridge, except 
where the same shall be laid out, through and upon any 
Street, at present used and travelled, and which cannot 
by reason of buildings, be made forty feet wide. — And 
the said Road shall extend, to the said Main Street, in 
Charlestown, leading to Charles River Bridge only, and 
not to said Bridge, as is expressed in the said Act. 

Sec. 2. And be it further Enacted, that it shall and fiSTn""' 
may be lawful, for the said Corporation to demand & re- 
ceive at said Chelsea Bridge, and at each gate on the said 
Turnpike road, over and above the Toll already granted, 
the sura of twenty five cents for every hundred weight, 
w^hich every w^ieel carriage, (not having the sole or bot- 
tom of the Fellies of the Wheels of the breadth of nine 
inches) together with the loading thereof, shall weigh 
over and above the weight of Forty hundred. Provided 
always, that the regulation aforesaid shall not extend, or 
be construed to extend to any four wheel carriages having 
the Axle trees thereof of such different lengths, that the 
distance from wheel to w^heel of the narrower pair of said 
Wheels, or those on the Shortest Axletree, be so much 
less than the distance from wheel to wheel of the other 
pair thereof, that the fore and hind wheels of such car- 
riages, shall roll only one single surface or path of ten 
inches wide at the least, on each side of said carriages, 
and havino- the Fellies of the wheels of the breadth of six 
inches at the least from side to side, at the bottom or Sole 
thereof. Approved February 26, 1803. 



certain cases. 



172 Acts, 1802. — Chapteks 91, 92. 



1803. — Chapter 91. 

[January Session, ch. 53.] 

AN ACT TO SETT OFF PART OF THE TOWN OF MONTAGUE, 
AND A GORE OF LAND LYING BETWEEN SAID MONTAGUE 
AND WENDELL, AND TO ANNEX BOTH SAID TRACTS TO THE 
TOWN OF WENDELL. 

Sec. 1. Be it enacted hy the Senate and House of 
Hepresentatives in Genet^al Court assembled, and by the 

Boundaries. authority of the same, that all the Lands lying within the 
bounds herein described together with the inhabitants 
thereon, and their Polls, and estates, be, and hereby are 
annexed to the town of Wendell, viz. Beginning at the 
South East corner of Montague at Wendell line, thence 
running westerly one mile on the south line of said town 
of Montague ; thence North thirteen degrees, thirty min- 
utes East, untill it shall intersect the Great Brook, (so 
called), thence by, and with the said brook to Millers 
River, including a gore of Land lying between the said 
Towns of Montague and Wendell : Provided, that the in- 
habitants living on said tract of land, shall be holden, to 
pay their proportion of all legal taxes, which have been 
assessed, ordered, or voted, to be laid on said Montague, 
by the inhabitants thereof, or by the General Court, in 
the same manner as though this act had never passed. 

Division of Sy.g. 2. And 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 Sixth part of the taxes, which would have 
been set to the said Town of Montague, according to the 
last valuation, shall be taken therefrom, and set to the 
said Town of Wendell. Approved February 28, 1803. 

1803.— Chapter 93. 

[January Session, ch. 54.] 

AN ACT IN ADDITION TO AN ACT ENTITLED, "AN ACT FOR 
REGULATING THE CHOICE & SERVICES OF PETIT JURORS," 
AND FOR REPEALING PART THEREOF; AND FOR REPEAL- 
ING THE THIRD SECTION OF AN ACT ENTITLED, "AN ACT 
IN ADDITION TO AND FOR THE AMENDMENT OF AN ACT 
ENTITLED "AN ACT FOR REGULATING THE APPOINTMENT 
& SERVICES OF GRAND JURORS." 

Sec. 1. Be it enacted by the Senate (& House of Rep- 
resentatives, in General Court assembled, and by the Au- 



Acts, 1802. — Chapter 92. 173 

thority of the same, That the Selectmen of each town in Aiistofper- 
this Commonwealth shall provide, and from time to time as jurors to be 
cause to be kept in their respective towns, two Jury [^rennuuiy. 
Boxes ; and once, at least, in every three years, shall lay 
before their town a list of such persons, in their respec- 
tive towns, as are of good Moral Character, & qualified, 
as the Constitution directs, to vote in the choice of Repre- 
sentatives, and not exempted by the Act to which this is 
in Addition, and such as the Selectmen shall judge well 
qualified to serve as Jurors, and the town shall select out 
of the list one third part of the number laid before them, 
and such as they shall judge best qualified to serve at the 
Supreme Judicial Court, and have their names written by 
the Town Clerk on Separate pieces of paper and put into 
one of the Boxes, liable to be drawn out to serve on the 
Petit Jury at the Supreme Judicial Court, and also on the 
Grand Jury at that Court and the Court of General Ses- 
sions of the Peace ; and the town shall then select one 
half part of the remainder of said list, and such as they 
shall Judge best qualified, to serve on the Petit Jury at 
the Courts of Common Pleas & General Sessions of the 
Peace, and have their names written by the Town Clerk 
on separate pieces of paper, and put into the other Box, 
liable to be drawn out, to serve on the Petit Jury at the 
Courts last mentioned ; and if any person, whose name 
shall be put into either Box, shall be convicted of any 
Scandalous crime, or be guilty of any gross immorality, 
his name shall be withdrawn from the Box, by the Select- 
men of his town. 

Sp:c. 2. And be it further enacted, That the manner in now constables 
which Constables upon the receipt of venires for Grand \ll^°o^^^^^^^' 
or Petit Jurors, shall notify the freeholders and inhabi- ["rorT""^ °^ 
tants of their respective Towns to assemble and be present 
at the appointment of such Jurors, shall, unless otherwise 
ordered by said Towns respectively, be the same as has 
been, or shall be, established therein for notifying and 
warning their annual Town Meetings ; but every town 
may, at a legal meeting holden for that purpose, order 
that notice given by the Constable to the Selectmen, or 
the major part of them, & the Town Clerk, or such other 
notification as said town may appoint, shall be suffi- 
cient. 

Sec. 3. And he it further enacted, That if any per- Penalty for a 
son, appointed and returned to serve on the Petit Jury at ing°to*aitend? 



174 



Acts, 1802. — Chapter 93. 



Parts of former 
acts repealed. 



Persons liable 
to sei've once 
iu three years. 



Part of former 
law repealed. 



either of the Courts aforesaid, shall unnecessarily fail of 
attending, the Court shall grant an attachment against 
such person and bring him into Court, and fine him, at 
their discretion, not less than seventeen dollars, nor more 
than fifty dollars, if he be an inhabitant of Boston, Salem or 
Newbury port ; and not less than seven dollars, nor more 
than twenty dollars, if he be an inhabitant of any other 
town ; and they shall order him to pay the cost of such 
attachment, and the fine they shall have imposed on him 
to be divided equally among the Jurors who shall attend 
their duty. 

Sec. 4. A7id be it further enacted. That the second 
Section of the Act, to which this is an addition, and also 
so much of the seventh section thereof as relates to the 
fining of Petit Jurors for unnecessarily failing to attend 
Court, shall be, and the same hereby are repealed, from 
and after the first day of July next, and that from and 
after that day this Act shall be in force. 

Sec. 5. And be it further enacted, That the Clerk or 
Selectmen, who shall draw the ticket or name of any per- 
son, returned to serve as a Grand Juror, shall enter upon 
the back thereof the date of the draft, and return the 
same into the box again ; and no person shall be obliged 
to serve as Juror oftener than once in three years. 

Sec. 6. And be it further enacted, That the third sec- 
tion of an Act entitled " An Act in addition to and for 
the amendment of an Act entitled an Act regulating the 
appointment and services of Grand Jurors," be, and 
hereby is repealed. Approved February 28, 1803. 



Preamble. 



1803. — Chapter 93. 

[January Session, ch. 55.] 

AN ACT FOR GRANTING ADDITIONAL POWER TO THE JUDGE 
OF PROBATE TO MAKE ALLOWANCE TO THE WIDOWS OF 
INTESTATE PERSONS. 

Whereas it sometimes happens that the personal estate of 
deceased persons intestate is sufficient for the payment of 
their Debts and but little or no surplus left, in which case 
it has been doubted whether upon the Act entitled an Act 
directing the descent of intestate estates, &c. which passed 
June 8th, 1789, any allowance can be made to the Widow 
of such Deceased person excepting her portion of such 
surplus : 



Acts, 1802. — Chapter 94. 175 

Be it therefore enacted hy the Senate and House of 
Representatives, in Gener'al Court assembled, & by the 
authority of the same. That in all such cases the widow widow en- 
shall be entitled to her apparel, and such other allowance apparei, &c. 
out of the personal estate as the Judge of Probate shall 
determine necessary, according to her quality and degree, 
in like manner as the Widow is entitled by virtue of the 
said act in cases where the personal estate is insufficient 
to pay the Debts. Approved February 28, 1803. 

1803. — Chapter 94. 

[January Session, ch. 56.] 

AN ACT TO INCORPORATE, AND ESTABLISH A SOCIETY BY 
THE NAME OF THE WESTERN SOCIETY OF MIDDLESEX 
HUSBANDMEN. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that Ebenezer Bridge, Joseph B. Persons incor- 
Varnum, Phineas Whitney, Jonathan Newell, Solomon 
Aiken, John Bullard, Daniel Chaflin, Edmund Foster, 
John Pitts, Parker Varnum, Samuel Pitts, Henry Woods, 
Timothy Bigelow, Abel Fletcher, Oliver Crosby, Thomas 
Clarke, Joshua Longley, Ebenezer Bancroft, Timothy 
Jones, Oliver Prescot junr., Sampson Tuttle, Zacheus 
Wright, Abijah Wyman, Jonathan Fletcher, John Far- 
well, Francis Kidder, Cornelius Waters, William Tuttle, 
Benjamen Osgood, Benjamen Fletcher, Benjamen Bow- 
ers, Paul Howard, John Wood, John Egerton, Samuel 
Stone, David Lawrence, Samuel Fletcher, Samuel Law- 
rence, Jonathan Bancroft, Ephraim Russell, Jonathan 
Lawrence, Ebenezer Bancroft jun. and Thomas Russell, 
together with such others who shall become members 
thereof, be, and they are hereby incorporated into, and corporate 
made a Body Politic & Corporate by the name of the 
Western Society of Middlesex Husbandmen. 

Sec. 2d. Be it further enacted, that the said Corpo- Allowed to hold 
ration shall be capable of taking and holding in fee sim- 
ple, or any less estate by gift, grant, devise or otherwise, 
an}'^ estate, real, or personal, the annual income whereof 
shall not exceed one thousand Dollars, and they may sell, 
or dispose thereof at pleasure, not using the same in trade. 

Sec 3d. Be it further enacted, that the said Corpora- Liable to be 
tion may have and use a common Seal, and the same may ""*''' ^"' 



176 



Acts, 1802. — Chapter 95. 



Laws and regu- 
lations may be 
established. 



Design of the 
institution. 



First meeting. 



alter or change at pleasure, and shall be capable of sueing, 
or being sued in any actions real, personal or mixed in 
any court proper to try the same. 

Sec. 4th. Be it further enacted, that said Corporation 
may establish and put in execution such bye laws and 
rules for the Government thereof, as they may think 
proper, not repugnant to the laws of this Commonwealth : 
And they may appoint such officers, as they think proper, 
who shall be capable of exercising such power for the 
well governing of said Corporation as shall be authorized 
by the bye laws thereof: And furthermore said Corpora- 
tion may from time to time admit new Members there- 
unto when, and in what manner, they may think best: 
Provided however, that every person being a Member of 
the Massachusetts Society for promoting Agriculture shall 
be considered as an honorary member of the Western So- 
ciety of Middlesex Husbandmen, and shall have a right 
to assemble and vote at all meetings thereof. 

Sec. 5. Be it further enacted, that the end and design 
of the institution hereby incorporated is to promote use- 
full improvements in Agriculture. 

Sec. Gtii. Be it further enacted, that Ebenezer Bridge 
Esqr. be, and he hereby is authorized to appoint the time 
and place for holding the first meeting of said Society, 
and to notify the Members thereof, by publishing the 
same in one or more Newspapers printed in Boston, four- 
teen days at least before the time of such meeting. 

Approved Febi-uary 28, 1803. 



Persons incor- 
porated. 



1803. —Chapter 95. 

[January Session, ch. 57.] 

AN ACT TO INCORPOIIATE SUNDRY PERSONS BY THE NAME 
OF THE PRESIDENT, DIRECTORS AND COMPANY OF THE 
NORTHAMPTON BANK. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Levi Shepard, Ebenezer Hunt, 
Jonathan D wight, Quartus Pomeroy, Ebenezer Lane, 
Asahel Pomeroy, Jotham Cushman, Edward Upham, 
John Breck, Oliver Wilkinson, Ebenezer Parsons, Oli- 
ver Smith, Samuel Ware junr., Benjamin Smith, Edward 
Houghton, Thomas Sanderson, Lemuel Dickinson, Charles 
Phelps, William Porter, Lemuel Pomeroy, Samuel Porter, 
Jonathan Edwards Porter, Benjamin Prescott, Benjamin 



Acts, 1802. — Chapter 95. 177 

Parsons, Rufus Smith, Asa White, Jonathan Woodbridge, 
Daniel Stebbins, Ruggles Woodbridge, Chileab Smith 
and Joseph White, and their associates, successors and 
assigns, shall ])e and hereby are created and made a corporate 
Corporation by the name and style of The President Di- °''™^' 
rectors and Company of the Northampton Bank, and 
shall so continue from the first Monday of October next, 
untill the expiration of ten years next following, and by 
that name shall be, and hereby are made capable in law 
to sue and be sued, plead and be impleaded, defend and 
be defended in any Courts of record, or anj'^ other place 
whatever ; and also to make have and use a common seal, 
and the same again at pleasure to break alter and renew ; 
and also to ordain establish and put in execution such bye 
laws, ordinances and regulations as to them shall appear 
necessary and convenient for the government of the said 
Corporation and the prudent management of their affairs : 
Provided such bye laws, ordinances and regulations, shall 
in no wise be contrary to the Constitution and Laws of 
this Commonwealth ; and the said Corporation shall be 
always subject to the rules, restrictions, limitations and 
provisions herein prescribed. 

Sec. 2d. And he it further enacted, That the capital amount or^' 
stock of the said Corporation shall consist of a sum not share?. 
more than One hundred and fifty thousand dollars, nor 
less than Seventy five thousand dollars in gold or silver 
to be divided into shares of one hundred dollars each ; 
and the sum of Seventy five thousand dollars, at least, 
shall be paid in on or before the first Monday of October 
next, and no discount shall be made at said Bank, untill 
the said sum of Seventy five thousand dollars shall be 
actually paid in ; and the stockholders at their first meet- 
ing, shall by a majority of votes, determine the mode of 
transferring and disposing of the stock and the profits 
thereof, which being entered in the books of the said Cor- 
poration shall be binding on the stockholders, their suc- 
cessors and assigns. Provided that no stockholder shall 
be allowed to borrow at the said Bank, untill he shall 
have paid in his full proportion of the said Seventy five 
thousand dollars at least. And the said Corporation are Allowed to 

I 1 1 ii'i j^i iiTi hold real estate. 

hereby made capable m law to have, hold, purchase, re- 
ceive, possess, enjoy and retain to them, their successors 
and Assigns, lands, rents, tennements and hereditaments 
to the amount of Twenty thousand dollars, and no more 



178 



Acts, 1802. — Chapter 95. 



Proviso. 



Rules, limita- 
tions and pro- 
visions. 



Amount of 
obligations 
limited. 



Corporation not 
to trade, &c. 



Restriction as 
to real estate. 



Directors to 
choose a presi- 
dent; cashier to 
give bonds. 



Annual meet- 
ing of stock- 
holders to be 
held. 



at any one time with power to bargain, sell and dispose 
of the same lands, tennements and hereditaments, and to 
loan and negociate their monies and effects by discounting 
on banking principles on such security as they shall think 
adviseable. Provided however, that nothing herein con- 
tained, shall restrain or prevent the said Corporation from 
taking and holding real estate in mortgage, to any amount, 
as colateral security, for the payment of any debt due to 
the said Corporation. 

Sec. 3d. And he it further enacted. That the follow- 
ing rules, limitations and provisions, shall form, and be 
the fundamental articles of the said Corporation. 

First. — That the said Corporation shall not issue and 
have in circulation at any one time, bills, notes or obliga- 
tions to a greater amount than twice their stock actually 
paid in, neither shall there be due to the said Corporation, 
at any one time more than twice their capital stock paid 
in as aforesaid, and in case of any excess, the Directors 
under whose administration it may happen, shall be liable 
for the payment of the same in their private capacity ; 
but this shall not be construed to exempt the said Corpo- 
ration, or any estate real or personal, which they may 
hold as a body corporate, from being also liable for, and 
chargeable with such excess. 

Second. — That the said Corporation shall not vest, use 
or improve any of their monies, goods, chatties or effects 
in trade or commerce ; but may sell all kinds of personal 
pledges, lodged in their hands by way of security, to an 
amount sufficient to reimburse the sum loaned. 

Third. — That the lands tennements and hereditaments 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of 
their business. 

Fourth. — None but a member of the said Corpora- 
tion, being a citizen of this Commonwealth and resident 
therein, shall be eligible for a Director; and the Directors 
shall choose one of their own number to act as President ; 
and the Cashier before he enters on the duties of his of- 
fice shall give bond with two sureties to the satisfaction 
of the Board of Directors in a sum not less than Ten 
thousand dollars, with conditions for the faithful discharge 
of the duties of his office. 

Fifth. — That for the well ordering the affairs of the 
said Corporation, a meeting of the stockholders shall be 



I 



Acts, 1802. — Chapter 95. 179 

held at such places as they shall direct, on the first 
Wednesday in October annually, and at any other time 
during the continuance of the said Corporation and at 
such i)lace, as shall be appointed by the President and 
Directors, for the time being, by public notification 
o^iven two weeks previous thereto, at which annual meet- Directors to be 

Cn086Il 

ing, there shall be chosen by ballot seven Directors, to 
continue in office the year ensuing their election ; and 
the number of votes to which each stockholder shall be 
entitled, shall be according to the number of shares he 
shall hold, in the following proportions, that is to say : 
For one share one vote, and every two shares above one 
shall give a right to one vote more. Provided however, 
that no one member shall have more than ten votes ; and 
absent members may vote by proxy, being authorized in 
writing. 

Sixth. — No Director shall be entitled to any emolu- President to 
ment for his services, but the stockholders may make the ^^"* 
President such compensation as to them shall appear 
reasonable. 

Seventh. — Not less than four Directors shall constitute Board of 
a Board for the transaction of business, of whom the Presi- 
dent shall always be one, except in case of sickness or 
necessary absence, in which case the Directors present 
may choose a chairman for the time being in his stead. 

Eighth. — All bills issued from the Bank aforesaid and u°n''fived°Jiiftrs 
signed by the President, shall be binding on the Corpora- to be issued. 
tion ; but it shall not be lawful for them to issue any bills 
of a less denomination than five dollars. 

Ninth. — The Directors shall make half yearly divi- i^'^'<^«°^«- 
dends of all the profits, rents, premiums and interests of 
the Bank aforesaid. 

Tenth. — The Directors shall have power to appoint a cashier and 
Cashier, Clerks, and such other OflScers for carrying on appointed. 
the business of said Bank, with such salaries, as to them 
shall seem meet. 

Eleventh. — No Director of any other Bank shall be Directors of 
eligible to the oflSce of Director of this Bank, although he notdigibie. 
may be a stockholder herein. And any Director accept- 
ing an office in any other Bank shall be deemed to have 
vacated his place in this Bank. 

Sec. 4th. And be it further enacted. That the said keptVt°North. 
Bank shall be established and kept in the town of North- ampton. 
ampton aforesaid. 



180 



Acts, 1802. — Chapter 95. 



Shares liable to 
attachment for 
debt. 



Legislative 
committee 
may examine 
books, &c. 



First meeting. 



Sec. 5th. And be it further enacted^ That the share 
or shares of any member of the said Corporation , with the 
dividends due thereon, shall be liable to attachment and 
execution in favor of any bona fide creditor, in the man- 
ner following, to wit. Whenever a proper Ofiicer, having 
a Writ of attachment or execution against any such mem- 
ber, shall apply with such Writ or execution to the Cashier 
of said Bank, it shall be the duty of the said Cashier to 
expose the books of the Corporation to such Officer, and 
furnish him with a certificate under his hand, in his official 
capacity, ascertaining the number of shares the said mem- 
ber holds in the said Bank, and the amount of the divi- 
dends thereon due, 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 execution, 
shall be left with the said Cashier, and such share or shares 
may be sold on execution after the same notification of 
the time and place of sale & in the same mode of sale as 
other personal property ; and it shall be the duty of such 
Officer making such sale, within ten days thereafter to 
leave an attested copy of the execution, with his return 
thereon, with the Cashier of the Bank, 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 the taking in exe- 
cution as aforesaid, or where there shall have been a pre- 
vious attachment, after such attachment, notwithstanding 
any intervening transfer. 

Sec. 6th. And he it further enacted^ That any com- 
mittee specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of the 
said Corporation, and shall have free access to all their 
books & vaults ; and if upon such examination it shall be 
found, and after a full hearing of the said Corporation 
thereon, be determined by the Legislature that the said 
Corporation have exceeded the powers herein granted 
them, or failed to comply with any of the rules, restric- 
tions and conditions in this Act provided, their incorpora- 
tion shall thereupon be declared forfeited and void. 

Sec. 7th. And he it further enacted. That the persons 
herein before named, or any three of them, are authorized 
to call a meeting of the members and stockholders of the 
said Corporation, as soon as may be, at such time and 
place as they may see fit, by advertising the same for 



Acts, 1802. — Chapter 95. 181 

three weeks successively in the Hampshire Gazette, the 
Springfield Federal Spy, and in the Greenfield Gazette, 
for the purpose of making, ordaining and establishing such 
bye laws, ordinances and regulations, for the orderly con- 
ducting the affairs of the said Corporation as the said 
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. 8th. And be it further enacted^ That it shall be Annual state- 
the duty of the Directors of the said Bank, to transmit to Txhlbited^of 
the Governor and Council of this Commonwealth, for the <^^bt, &c. 
time being, once in every year at least, & as much oftener 
as they may require, accurate and just statements of the 
amount of the capital stock of the said Corporation, and 
of debts due to the same ; of the monies deposited therein ; 
of the notes in circulation, Notes of other Banks, and of 
the cash on hand ; which statements shall be signed Ijy 
the Directors, and attested by the Cashier. 

Sec. 9th. And he it further enacted ^ That the said ^^/'fl^^g^not""* 
Corporation shall be liable to pay any bona fide holder, to be paid. 
the original amount of any note of said Bank, which may 
be altered in the course of its circulation to a larger 
amount, notwithstanding such alteration. 

Sec. 10th. And he it further enacted, That nothing Bank uabie to 
contained in this Act, shall be construed to prevent the 
Legislature from taxing the said Bank at any time here- 
after, when they shall judge it expedient. 

Sec. 11th. And he it further enacted, That the Com- commonwealth 
monwealth shall have a right, whenever the Goverment to capital 
thereof shall make provision by law, to subscribe to, and *'°'''^' 
become interested in the capital stock of the said Bank, 
in a sum not exceeding one third part thereof, subject to 
the rules, regulations and provisions to be by them made 
and established. 

Sec. 12th. And be it further enacted. That one eighth a part of cap- 
part of the whole funds of the said Bank shall always be voted" to^he" 
appropriated to loans, to be made to the citizens of this fnterest."'^"' 
Commonwealth, and wherein the Directors shall wholly 
and exclusively regard the agricultural interest, which 
loans shall be made in sums of not less than one hundred 
dollars, nor more than five hundred dollars : and upon the 
personal bond of the borrower with colateral security by 
sufficient mortgage of real estate, for a term not less than 
one year, and on condition of paying the interest annually 



182 



Acts, 1802. — CHArTEii 96. 



Corporation 
to lOUD 

money to Com- 
monwealth if 
required. 



on such loans, subject to such forfeiture, and right of re- 
demption, as is by law provided. 

Sec. 13th. And he it further enacted. That whenever 
the Legislature shall require it, the said Corporation shall 
loan to the Commonwealth any sum of money not exceed- 
ino^ fifteen thousand dollars reimburseable at five annual 
instalments, or at any shorter period, at the election of 
the Commonwealth, with the annual payment of interest, 
al a rate not exceeding five per centum per annum. Pro- 
vided however, that the Commonwealth shall never, at any 
one time, stand indebted to the said Corporation, without 
their consent, for a larger sum than fifteen thousand 
dollars. Approved March 1, 1803. 



Persons incor- 
porated. 



Corporate 
name. 



1803. — Chapter 96. 

[January Session, ch. 58.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWN OF DIGHTON IN THE COUNTY OF BRISTOL, 
INTO A RELIGIOUS SOCIETY BY THE NAME OF THE FIRST 
CONGREGATIONAL SOCIETY IN DIGHTON. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That Gideon Babbit, Thomas S. 
Baylies, Edward Briggs, Mathew Briggs, Abner Briggs, 
James Briggs, Zebedee Briggs, the widow Sarah Briggs, 
Eliakim Briggs, Eliakim Briggs the second, Samuel Briggs 
the second, Samuel Briggs the third, John Butler, John 
Davis, Isaac Hathaway, Nathan Ide, Jonathan Jones, 
Thomas Pierce, Ephraim Phillips, Darius Phillips, Abiezer 
Phillips, Abiezer Phillips Junr., Seth Read, Z. Leonard 
Read, Ebenezer Reed, Simeon Reed, Simeon Reed Junr., 
Josiah Richmond, Abraham Shaw, John Stephens, John 
Stephens Junr., Josiah Talbut, Snow Trafton, Benjamin 
Trafton, Benjamin Trafton Junr., Ebenezer Walker, Elijah 
Walker, Nathaniel Walker, William Walker junr., Jona- 
than Walker junr., Jonathan Williams, Simeon Williams, 
Joshua Williams, George Williams, Gershom Williams, 
Zebedee Williams, Jared Williams, David Williams and 
David Williams Junr., together with their polls and estates 
be, and they are hereby incorporated into a Society l)y 
the name of The first congregational Society in Dighton ; 
with all the powers, privileges and immunities to which 
parishes are by law entitled, in this Commonwealth. 



Acts, 1802. — Chapter 96. 183 

Sec. 2d. Be it further enacted, That the said Society Pews to be 

, T, I'ji'i 1 1, 11 sold or leased. 

be, and hereby is authorized and empowered to sell or 
lease the pews in the meeting house in said Dighton, 
known by the name of The Buck plain meeting house, 
and to give valid titles to the same ; And the monies or 
other profits or emoluments arising therefrom, shall be 
applied exclusively to the support of religious worship in 
the said meeting house : provided however, that nothing 
herein contained, shall be construed to deprive the inhabi- 
tants of said town of the right to assemble in said meeting 
house, in town meetings for the transaction of town affairs. 

Sec. 3d. And he it further enacted, that any other Method of joiu- 
person in the said town of Dighton, who shall actually '°^' e society. 
become a member of and unite in religious worship with 
the said First congregational Society, by giving in his or 
her name to the town clerk of said Dighton with a certifi- 
cate 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 said First Society in Dighton, 
fourteen days previous to the town meeting therein, to 
be held in the month of March or April annually, untill 
the year one thousand eight hundred and five, shall from 
and after giving such certificate, with his or her polls and 
estates, be considered as a member of the said Society. 

Sec. 4th. And he it further enacted. That when any Method of leav- 
member of the said First Society in Dighton, shall see '°^' esowey. 
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 such other Society and obtain a 
certificate signed by the minister or clerk of such other 
religious Society with which he or she may so unite, that 
he or she has actually become a member of, and united 
in religious worship with such other parish or religious 
Society, fourteen days previous to their meeting in March 
or April, within the time aforementioned, and shall pre- 
viously pay his or her proportion of all money assessed 
in said Society ; and also the amount due from him or her 
respectively, on any agreement signed by him or her for 
the support of a minister, such person shall from and after 
the date of such certificate, with his or her polls and es- 
tates be considered as a member of the Society to which 
he or she. has so united. 

Sec. 5th. And he it further enacted, That Thomas First meeting. 
Baylies Richmond Esqr. be, and hereby is authorized to 



184 



Acts, 1802. — Chapter 97. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road. 



issue his Warrant directed to some member of the said 
First congregational Society in Dighton, requiring him 
to notify the members thereof, qualified to vote in parish 
affairs, to assemble at such convenient time and place as 
shall be expressed in the said Warrant, to choose such 
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 for the 
well being of the said Society. 

Approved March 1, 1803. 



1803. — Chapter 97. 

[January Session, ch. 59.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF LAYING OUT AND MAKING A TURNPIKE ROAD 
FROM BEVERLY TO NEWBURYPORT; FOR BUILDING THE 
NECESSARY BRIDGES ON THE SAID ROAD, AND FOR SUP- 
PORTING THE SAME. 

Whereas the making the said road and bridges vnll he 
of great public utility, and John Heard Esqr. and others 
have -petitioned this Court for an Act of incorporation to 
empower them to lay out and make said Road and erect 
said Bridges, and have subscribed to a fund, for that pur- 
pose — Therefore — 

Sec 1. Be it enacted by the Senate and House of Rep- 
resentatives in General Court assembled, and by the author- 
ity of the same, that John Heard, Stephen Choate, William 
GrayJunr., Jacob A shton, Asa Andrews, Joseph Swasey, 
Israel Thorndike, Nathan Dane, William Bartlet and 
James Prince Esquires, and all such persons as are, or 
shall be, associated with them, and interested in said 
fund, and their successors shall be a corporation, by the 
name of The Ipswich Turnpike — And by that name shall 
sue, and be sued ; and shall have a common Seal, and en- 
joy all the privileges and powers which are by law inci- 
dent to a Corporation, for the purpose of laying out and 
making a Turnpike road from said Beverly over Ipswich 
Stone Bridge to Newbury port, and for building the 
bridges aforesaid, and keeping the same in repair, that is 
to say, a road beginning near the Blacksmith's Shop in 
Beverly of Nathaniel Batchelder, and from thence to be 
continued on a Strait line as near as the ground will 
allow to the highway in Hamilton near Nathan Brown's 
— thence keeping the Old Road to said Ipswich bridge 



Acts, 1802. — Chapter 97. 185 

making such Straitenings and improvements as the ground 
will bear, thence to Newbury port as near a strait line 
as they shall find the ground, marshes, waters and other 
circumstances will permit. 

Sec. 2. Be it further enacted that the said John Mode of calling 
Heard, Stephen Choate, William Gray Junr., Jacob Ash- ofl.ropri"rors"^ 
ton, Asa Andrews, Joseph Swasey, Israel Thorndike, 
Nathan Dane, William Bartlet & James Prince or any 
three of them may by advertisement in the Salem Ga- 
zette, or in any other news paper printed in Salem, Bos- 
ton, or Newbury port, call a meeting of ye said proprietors 
to be holden at any suitable time or place after fifteen 
days from the publication of the said advertisement, and 
the said proprietors, by a Vote of the Majority of those 
present, or represented, at the said Meeting in all cases 
accounting & allowing a Vote to each single share, shall 
chuse a Clerk, who shall be sworn to the faithful discharge 
of his duty ; And also shall agree on a method for calling 
future meetings ; And at the same, or at any subsequent 
meeting, may make and establish any rules and regula- 
tions that shall be necessary or convenient for regulating 
the said Corporation, for effecting, completing & execut- 
ing the purposes aforesaid, or for collecting the toll here- 
after granted ; and the same rules and regulations may 
cause to be kept and executed, or for the breach thereof, 
may order and enjoin fines & penalties, not exceeding thir- 
teen dollars & thirty three cents for any breach thereof: 
Provided, such rules & regulations be not repugnant to 
the laws & constitution of this Commonwealth — And the 
said proprietors may also chuse and appoint any other 
Oflacer or Ofiicers of the Corporation that they may deem 
necessary : And all representations, at any meeting, shall 
be proved in writing. Signed by the person making the 
same, which shall be filed with, and recorded by the clerk : 
And this Act and all rules & regulations & votes of the This act, and aii 
said Corporation, shall be fairly & truely recorded by the ution9°u)'brre. 
said Clerk, in a book or books for that purpose provided l°lfl^ ^"^ '*^^ 
and kept. 

Sec. 3. Be it further enacted, that the same Turnpike width of the 
road shall be laid out and made by the said Corporation ^°^^' 
of a suflScient width, in every part thereof, for the accom- 
modation of the Public ; And that the open unenclosed 
ground shall be at least four rods wide on the upland 
(except the said old road) and eight rods wide at least 



186 



Acts, 1802. — Chapter 97. 



Toll estab- 
iJHhed, after 
the road is 
approved. 



Turnpike gate 
may be erected 
between Ips- 
wich bridge and 
Newburyport. 



(including the Canal) on the Marsh, and on the Islands 
in the Marsh — And the made way or path for travelling 
shall be of sufficient width and not less than twenty four 
feet Wide in any part thereof, and over the Marsh not less 
than thirty feet Wide within the railings, except such parts 
of the said Old road as shall remain and be a part of this 
new road which parts of said Old road the towns are re- 
spectively to keep in repair — And Avhen the said Turn- 
pike road shall be sufficiently made from said Shop in 
Beverly to said Old Road in Hamilton, and shall be so al- 
lowed by the Justices of the Supreme Judicial Court, at 
any term thereof, in any County of this Commonwealth, 
then the said Corporation shall be authorised to erect a 
Turnpike Gate on the same, in such manner as shall be 
necessary & convenient ; and shall be entitled to receive 
from each Traveller & passenger the following rate of 
Toll, to wit — for every Coach, Ph;\?ton, Chariot or other 
four wheel Carriage, for the conveyance of persons, drawn 
by two horses twenty five Cents, and if drawn by more 
than two horses, an Additional sum of four Cents for each 
horse — for every Cart, Waggon, Sleigh or Sled, or other 
Carriage of burden, drawn by two Oxen or horses, 
twelve and an half Cents, and if by more than two, an 
additional sum of three Cents for every such Ox or horse 
— for every Curricle Sixteen Cents, for every Sleigh for 
the conveyance of passengers, drawn by two horses ten 
Cents, and if drawn by more than two, an Additional sum 
of three Cents for each horse, for every Sled or Sleigh, 
drawn by one horse Six Cents, for every Chaise, Chair or 
other Carriage, drawn by one horse, twelve & an half Cents, 
for every man & horse five Cents, for all Oxen, horses, & 
Neat Cattle, led or driven, besides those in teams & car- 
riages one Cent each ; for all Sheep & Swine three Cents 
by the dozen, and in the same proportion for a greater or 
less number. 

Sec. 4. Be it further enacted^ that when the said road 
shall be sufficiently made from said Ipswich Bridge to 
Newbury port and the Bridge over parkers river and the 
lower end of Kents Island shall be sufficiently built, and 
the said road shall be so allowed by the said Justices as 
aforesaid, then the said Corporation shall be authorised 
to Erect a Turnpike Gate on the same between said Ips- 
wich Bridge and said Newbury port (but not on any part 
of the road at present travelled) in such place as shall 



Acts, 1802. — Chapter 97. 187 

be necessary & convenient & shall be entitled to receive 
of each traveller & passenger the rates of Toll aforesaid. 

Sec. 5. £e it further Enacted that the said bridge DirecUoDB re- 
over Parker river shall be well built, at least thirty two butidlng of the 
feet wide, of good & suitable Materials and be well cov- ^'""se. 
ered with plank or timber on the top suitable for such a 
bridge, with sufficient rails on each side, boarded eighteen 
inches from the bottom for the safety of passengers ; 
And that one Arch for the convenience of the boat nav- 
igation shall be made one foot higher above the tide than 
the highest Arch in the present bridge, & equal in width 
to the widest Arch in said bridge And the same shall be 
kept in good, safe & passable repair for the term of sev- 
enty years from the opening of the same, & at the end of 
said term the said bridge shall be left in like repair : And aB°hed1or the 
that for the purpose of reimbursing the said proprietors bridge. 
the monies by them expended, & to be expended in 
building & supporting the said Bridge, a Toll be, & 
hereby is granted & established for the sole benefit of 
the said proprietors according to the rates following, to 
wit — for each foot passenger One Cent, for each person 
& horse three Cents, for each Chaise, Chair, Sulkey or 
Sleigh drawn by one horse ten Cents, for each horse & 
Cart Six Cents, for each team drawn by more than one 
beast ten Cents, for each Coach, Chariot, Waggon, Phfcton 
& Curricle twenty Cents, for each man & wheelbarrow, 
handcart, or other vehicle, capable of carrying a like 
weight two Cents, for each horse & neat Cattle, exclusive 
of those in teams or rode on two Cents, for each sheep & 
swine One Cent, and for each team one person & no more 
shall be allowed as a driver, to pass toll free — and at all 
times when the toll gatherer shall not attend his duty, the 
Gate or Gates shall be left open ; And the said toll shall 
commence on the day of the first opening the said Bridge 
for passengers ; and shall continue for the term of seventy 
years, at the end of which time, the said Bridge shall be 
delivered up in good repair to, and for the Use of the 
Government — And also, at the several places where the sign board to be 
toll shall be received on said Bridge or road, the said pro- *"'®*^'^''- 
prietors shall erect & constantly expose to open view, a 
sign or board, with the rates of toll on the tollable 
Articles, fairly & legibly written thereon, in large capital 
letters — Provided however that at the time of opening said 
bridge, the said Corporation shall cause a true & just ac- 



188 



Acts, 1802. — Chapter 97. 



Court of Sea- 
BioDB author- 
ized to lay out 
the road. 



Penalty for 
delaying pas- 
Beugers. 



Corporation 
liable for dam- 
ages by defect 
of bridges, &c. 



count of the expences thereof, and at the end of every 
three years thereafterwards, a just & true account of their 
receipts & disbursements to be returned into the office of 
the Secretary of this Commonwealth ; and that after twenty 
years from the opening of said Bridge, the General Court 
may regulate the rates of toll receivable at the said Gate. 

Sec. 6. Be it further Enacted, that the said Cor- 
poration may purchase & hold any land, over which they 
may make said road ; and the Justices of the Court of 
General Sessions of the peace in the County of Essex, are 
hereby authorised on application from the said Corpora- 
tion, to lay out such road or any part thereof, as with 
the consent of the said Corporation, they may think 
proper; and the said Corporation, shall be holden to pay 
all damages which shall arise to any person, by taking his 
land for such road, where it cannot be obtained by vol- 
untary agreement, to be estimated by a committee ap- 
pointed by said last mentioned Court, saving to either 
party a right of trial by Jury, according to the law which 
makes provision for the recovery of damages happening 
by laying out public highways. 

Sec. 7. Be it further enacted, that if the said Corpo- 
ration, or their toll gatherer, or others by them employed, 
shall unreasonably delay or hinder any passenger or 
traveller at either of said Gates ; or shall demand or re- 
ceive more toll than is by this Act established, the Cor- 
poration shall forfeit & pay a sum not exceeding ten 
dollars nor less than two dollars, to be recovered before 
any Justice of the peace in said County, by any person 
injured, delayed, or defrauded, in a special action of the 
Case, the writ in which shall be served on the said Cor- 
poration, by leaving a copy of the same with the treasurer 
or some individual member of said Corporation living in 
said County, or by reading the same to the said Treasurer, 
or individual member, at least seven days before the day 
of trial — And the Treasurer of the said Corporation or 
individual Member, shall be allowed to defend the same 
suit in behalf of the said Corporation — And the said Cor- 
poration shall be liable to pay all damages that shall 
happen to any person from whom the toll is demandable 
for any damage which shall arise from the defect of 
Bridges, or want of repairing said ways, and shall also 
be liable to presentment by the Grand Jury for not keep- 
ing the same in good repair. 



Acts, 1802. — Chapter 97. 189 

Sec. 8. Be it further enacted, that if any person shall ^"^ujln^^he 
cut, or break down, or otherwise destroy any of said road and for 
Gates, or shall dig up, or carry away any earth from the evaX^thefou. 
said road, or in any manner damage the same, or shall 
forcibly pass, or attempt to pass by force, said Gates, 
without first having paid the legal toll, at each gate, such 
person shall forfeit & pay a fine not exceeding fifty dollars, 
nor less than ten dollars to be recovered by the Treasurer 
of the said Corporation, to their Use, in an action of tres- 
pass on the Case ; and if any person with a team. Cattle 
or horses, turn out of said road to pass any of the Turn- 
pike Gates aforesaid, and again enter said road, with an 
intent to avoid any toll established as aforesaid, such per- 
son shall forfeit & pay three times as much as the legal 
toll at each gate or gates established as aforesaid, to be 
recovered by the Treasurer aforesaid to the use aforesaid, 
by an action of debt — Provided, that nothing in this Act 
shall extend to entitle the said Corporation to demand or 
receive toll of any person, who shall be passing with his 
horse or carriage, to or from Public Worship, or with his 
horse, team or cattle, to or from his common labour, 
or to or from any Mill, or on the Common or Ordinary 
business of family concerns, within the said town, or from 
any person or persons passing on military duty. 

Sec. 9. Be it further enacted, that the Shares in said shares to be 

11111 1 1 ii» deemed per- 

road & brido;e shall be deemed personal estate, to all m- sonai estate; 

mode of 

tents & purposes, and shall be transferable by deed, duly transfer and 
acknowledged before any Justice of the peace, and recorded *"«'=^™''°'- 
by the Clerk of said Corporation, in a book to be kept 
for that purpose ; and when any such share shall be at- 
tached on mesne process, or taken in Execution, an 
attested Copy of such writ of attachment or execution 
shall at the time of the attachment or taking in execution, 
be left with the Clerk of said Corporation, otherwise the 
attachment or taking in execution shall be void : And such 
shares may be taken & sold by execution in the same 
manner as other personal estate, and the Officer or Judg- 
ment Creditor, leaving a Copy of such execution, with 
the return thereon, with such Clerk, within fourteen days 
after such sale, and paying for the recording thereof shall 
be deemed a sufficient transfer for the same. 

Sec. 10. Be it further enacted, that the said Cor- statement of 
poration shall, within six months after their toll shall com- tobe'whujued. 
mence, at any of said Gates lodge in the Secretarys 



190 Acts, 1802. — Chapter 97. 

Office an account of all expences incurred in making said 
road, previous to taking toll at such Gate, and within six 
months after said turnpike road shall be completed, lodge 
in said OiEfice an account of the expences of the whole of 
said road (the said bridge over the two branches of Par- 
ker's river excepted) And that the said Corporation shall 
annually exhibit, to the Governour & Council, a true 
Account of the income or dividend arising from said toll 
with the necessary Annual disbursements on the said road ; 
and that the said books of the Corporation both as to 
the bridge and road, shall at all times, be subject to the 
inspection of a committee to be appointed by the General 
Court, or to the inspection of the Governour & Council, 
when called for. 
Shares of deiin- gg^. 11. Be it further enacted, that whenever any 

quent propne- in 

tore to be sold, proprietor shall neglect or refuse to pay any tax or as- 
sessment, duly voted & agreed upon by the said Corpora- 
tion, to their Treasurer within thirty days after the time 
set for the payment thereof, the Treasurer of the said 
Corporation is hereby authorised to sell at public vendue 
the share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray said taxes and neces- 
sary incidental charges after duly notifying in one news 
paper printed in Salem or Newbury port and the one 
printed in Boston by the printers of the General Court, 
the sum due on such shares, and the time & place of sale, 
at least thirty days previous to the time of sale ; and such 
sale shall be a sufficient transfer of such share or Shares 
so sold to the person purchasing the same ; And on pro- 
ducing a Certificate from the Treasurer to the Clerk of 
said Corporation, the name of such purchaser, with the 
number of shares so sold, shall be by the Clerk entered 
on the books of the said Corporation, and such person 
shall be considered to all intents the projmetor thereof; 
and the overplus if any there be, shall be paid on demand 
by the Treasurer to the person or persons whose shares 
were then sold. 

The corporation Seq. 12. Be it further enacted, that the General Court 

may be dis- \ • r^ n 

Boived when niay disFs |olve the said Corporation, so far as may respect 
with interest. tliB Said tumpikc road whenever it shall appear to their 
satisfaction that the said income, arising from said toll, 
shall have fully compensated the said Corporation for all 
monies they may have expended in purchasing, repairing 
& taking care of the said road, together with an interest 



Acts, 1802.— Chapter 97. 191 

thereon at the nite of twelve dollars on the hundred for a 
year, from the time of the same. And thereupon the in- 
terest in the said Turnpike road shall vest in the Com- 
monwealth — but the said Corporation shall remain to all 
intents & purposes in respect to said bridge over Parker's 
river for and during the said term of Seventy years upon 
the conditions aforesaid ; all the other bridges on said 
turnpike road shall be well built, the bridge over Rowley 
river shall have one Arch of thirty two feet in width, & 
of seven feet in heighth above high water mark in a mid- 
dling tide, and the said bridges as well as the said road 
over Marshes shall be secured with sufficient railing — 
Provided, that if the said Corporation shall neglect to 
complete the said turnpike road & bridge for the space of 
five years from the passing of this Act, the same shall be 
void and of no effect. 

Sec. 13. Be it further enacted, that the said Corpo- The rate of tofl 
ration be, and it is hereby empowered to commute the mmed^''"™ 
rate of toll, with any person, or with the inhabitants of 
any town^ through which their turnpike road is made by 
taking of him or them, any certain sum annually, or for a 
less time, to be mutually agreed on, in lieu of the toll es- 
tablished in and by this Act — Provided however, that the 
sum to be allowed for the turnpike gates, shall always be 
kei)t distinct from the sum allowed for the bridge gate. 

Sec. 14. Be it further Enacted, that the said Corpora- Money may be 
tion is hereby allowed to grant monies to such persons as faTn^pereon?'^ 
rendered services to the proprietors in exploring the route ^o"" services. 
of the turnpike road, or otherwise, previous to the Act of in- 
corporation — And the said Corporation is hereby Author- 
ized to purchase and hold other real estate, adjacent to, and 
for the Accommodation of the said road, to the amount of 
ten thousand dollars — And no one proprietor in the said 
Corporation shall have more than twenty Votes. 

Sec. 15. And be it further enacted, that Jonathan The privileges 
Poor and others named in the fifth Section of an Act and others""^ ^"^ 
passed February the thirteenth One thousand seven hun- p"'"^''''^'' ^°''- 
dred & ninety eight, entitled " An Act for establishing a 
toll for the purpose of repairing & maintaining the great 
Bridge over the River Parker, in the town of Newbury, 
& County of Essex " — shall on the old bridge becoming- 
impassable have & enjoy all the privileges in the Bridge 
provided by this Act, as is provided by the Act aforesaid. 

Ap-proved March 1, 1803. 



192 



Acts, 1802. — Chapter 98. 



Canal to be 
completed to 
Charles River. 



Time allowed 
for cutting 
other canals. 



Bye-laws &c. 
allowed to be 
made. 



Copies of the 
bye-laws to be 
posted in cer- 
tain places. 



1803. — Chapter 98. 

[January Session, ch. 60.] 

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED «' AN 
ACT FOR INCORPORATING JAMES SULLIVAN ESQR. AND 
OTHERS BY THE NAME AND STYLE OF THE PROPRIETORS 
OF THE MIDDLESEX CANAL." 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives in General Coiirt assembled, and hy the 
authority of the same. That the said proprietors shall be 
allowed the term of three years from and after the twenty 
second day of June next, to complete the same Canal to 
Charles river and to effectuate the means of a communi- 
cation between the said Canal and the town of Boston 
across said Charles river by boats. 

Sec. 2d. And be it further enacted. That the said 
Corporation shall be further allowed the term of six 
years from the twenty second day of June next, to ren- 
der Concord river boatable and navigable, and for cut- 
ting other Canals in the County of Middlesex, pursuant, 
and according to the tenor of the acts heretofore passed 
on that subject. 

Sec. 3d. And be it further enacted. That the said Cor- 
poration shall have power to make and ordain such bye 
laws, rules and regulations, as they shall from time to 
time find to be expedient and proper for regulating the 
navigation of the said Canal, and which bye laws shall be 
extended to the form and dimensions of boats, rafts, and 
floats to be used thereon, and to the regulating such land- 
ing places on the same Canal, as they shall establish 
thereon ; provided that the penalties by such bye laws 
established shall not exceed the sum of ten dollars, to be 
sued for and recovered by the Treasurer of said Corpora- 
tion, to the use of said Corporation, by an action of the 
case before any Justice of the peace, or in any Court 
proper to try the same ; and the said President and Di- 
rectors shall cause all such bye laws to be printed in a 
fair type, and a copy thereof to be placed up at every 
suit of Locks on the same Canal, and at Locks on the 
branches thereof, and shall constantly keep the same up, 
excepting where they or any of them shall be removed by 
accident, or taken down wantonly or maliciously : And 
the said President and Directors shall have power in their 
bye laws to provide annually against any person who 



Acts, 1802. — Chapter 99. 193 

shall wantonly or maliciously pull down such printed copy 
of their laws, not exceeding ten dollars, to be recovered 
in manner and for the use aforesaid. 

Sec. 4th. And be it further enacted. That if any per- Penalty for 
son shall wantonly or maliciously cut, break, injure or &c!'""^ *'"°* ' 
destroy any towing path formed or made by the said Cor- 
poration pursuant to this Act, or any gates, sluice ways, 
drains or reservoirs connected with said Canal or any 
part thereof, such person shall be liable to the same penal- 
ties as are provided by law against persons who shall 
break or injure the said Middlesex Canal, to be recovered 
in the manner and to the use for which the penalties for 
so breaking and injuring the same Canal are to be recov- 
ered and applied. 

Sec. 5th. And be it further enacted by the authority 
aforesaid, That when any boat, float or raft shall rise or Toiiatthe 
fall any of the locks of the said Middlesex Canal, there ''"^^*" 
shall be paid thereon for every ton a toll or lockage not 
exceeding one sixteenth of a dollar for each lock, and 
where the rise or fall is only through one lock, there shall 
be no toll demanded for the next mile previous to the 
coming to, or after having passed such lock ; and so in 
proportion for any number of locks so passed ; and that 
all boats navigating said Canal or its branches, shall be 
subject to pay the same toll for every ton burthen they 
are capable of conveying, whether loaded or not. 

Approved March 2, 1803. 

1803. — Chapter 99. 

[January Session, ch. 61.] 
AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER CONNECTICUT RIVER 
IN THE COUNTY OF HAMPSHIRE, BETWEEN THE TOWNS OF 
NORTHAMPTON AND HADLEY, AND FOR SUPPORTING THE 
SAME. 

Whereas a Bridge over Connecticut river between the Preamble. 
towns of Nbrthanvpt07i and Hadley in the County of 
Hampshire woidd be of public convenience; and whereas 
Ebenezer Hunt and others have presented a petition to this 
Court, praying for liberty to build the same and to be 
incorporated for that piupose. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Ebenezer Hunt, Levi Shep- Persons incor 
ard, Joseph Lyman Junr., Asahel Pomeroy, John Taylor, p'"'""''^- 



194 



Acts, 1802. — - Chapter 99. 



Corporate 
name. 



First meeting. 



Samuel Porter, Benjamin Parsons, Eleazer Clark, Samuel 
Henshaw, Ebenezer Lane, Samuel Hinckley, .Tosiah Dick- 
inson, Jolin Breck, Benjamin Prescott, Benjamin Tappan, 
Enos Smith, Elisha Dickinson, John Smith, 2d., Lemuel 
Warner, Jonathan E. Porter, Eleazer Porter, John Hop- 
kins, William Porter and Windsor Smith, with such other 
persons as already have, or may hereafter associate with 
them, be and hereby are made and constituted a Corpora- 
tion and body politic, by the name of The proprietors of 
the Northampton Bridge ; and by that name may sue and 
be sued to final judgment and execution, and to do and 
suffer all matters acts and things, which bodies politic 
may or ought to do and suffer. And the said Corporation 
shall and may have and use a common seal, and the same 
may break and alter at pleasure. 

Sec. 2d. And be it further enacted by the authority 
aforesaid, that any three of the persons above named may 
warn and call a meeting of the proprietors aforesaid, to be 
holden at any convenient time and place by publishing 
the same three weeks successively in the Hampshire 
Gazette, published in Northampton aforesaid, the last 
publication to be six days at least before the time of such 
meeting ; — and the said proprietors, by a vote of the 
majority of those present or represented at said meeting, 
allowing one vote to, and for each single share in all 
cases ; (provided however that no one proprietor shall be 
allowed more than twenty votes,) shall choose a Clerk, 
who shall be sworn to the faithful discharge of said Office ; 
and shall also agree on a method of calling future meet- 
ings ; and at the same, or at some subsequent meeting or 
meetings, may elect such Officers, and make and establish 
such rules and bye laws, as to them shall seem necessary 
or convenient for the regulation and government of the 
said Corporation, for the carrying into effect the purposes 
aforesaid, and for collecting the toll herein after granted and 
established and may annex penalties to the breach of any 
bye laws, not exceeding five dollars : And all representa- 
tions at said meetings shall be filed with the Clerk of said 
Corporation. And this Act, and all rules, regulations and 
proceedings shall be fairly and truly recorded by said Clerk 
in a book or books to be provided and kept for that purpose. 

Sec. 3. Be it further enacted. That the said pro- 

dime^nsions, &c. prictors bc, and they hereby are authorized and empower- 

ered to erect a bridge over Connecticut river in some 



Clerk to be 
choBen and 
ruleB estab- 
lished. 



Location of 
bridge; its 



Acts, 1802. — Chapter 99. 195 

convenient place between Goodman's ferry so called in 
Hadley, and the turn of the river, so called, in North- 
ampton in the County of Hampshire ; And said bridge 
shall be well built with suitable materials at least twenty 
eight feet wide, and covered with planks, with sufficient 
rails on each side and boarded up twelve inches high from 
the floor of said bridge, for the safety of passengers travel- 
ling thereon ; and the same shall be kept in good repair 
at all times. 

And for the purpose of reimbursing the said proprietors 
the money by them expended in building & supporting 
said bridge ; — 

Sec. 4th. Be it further enacted. That a toll be and Toiiestab- 

liSD6Q> 

hereby is granted and established for the sole benefit of 
the said proprietors, according to the rates following, to 
wit, for each foot passenger three cents — For each horse 
and rider seven cents — For each horse and chaise, chair 
or sulkey sixteen cents, — For each coach, chariot, phaeton 
or other four wheeled carriage for passengers, thirty three 
cents — For each curricle twenty five cents — For each 
sleigh drawn by one horse, ten cents, and if drawn by 
more than one horse twelve & an half cents — For each 
cart sled or other carriage of burden, drawn by one beast, 
ten cents, if drawn by two beasts sixteen cents, and if 
drawn by more than two beasts twenty cents — For each 
horse without a rider and for neat cattle three cents each, 
and for sheep and swine one cent each, and one person 
and no more shall be allowed to each team as a driver to 
pass free of toll. And all persons who shall have occa- 
sion to pass said bridge to perform military duty shall 
pass free of toll. And the toll shall commence on the day 
of the first opening of said bridge, and shall continue for 
the term of seventy years : And at the place where the 
toll shall be received, there shall be erected and constantly 
exposed to view a sign board, with the rates of toll fairly 
and legibly written or printed thereon in large letters. 
And the said Corporation, at the time of opening said Amount of ex. 
bridge, shall cause a just and true account of the expences and disburse- 
thereof and at the end of every three years thereafter- ^tSrnedtri. 
wards a just and true account of all receipts and disburse- ^°°*""y- 
ments, to be returned into the office of the Secretary of 
this Commonwealth ; and after fifty years from the open- 
ing said bridge, the General Court may regulate the rates 
of toll receiveable thereat. 



196 



Acts, 1802. — Chapter 100. 



Time for build- 
iug bridge 
limited. 



Sec. 5th. And be it further enacted, That if the said 
proprietors shall neglect for the space of six years from 
the passing of this Act to build and erect said bridge, 
then this Act to be void and of no effect. 

Approved March 2, 1803. 



Persons Incor- 
porated. 



Corporate 
name. 



Proviso renpect- 
ing Middlesex 
Canal. 



First meeting. 



1803. — Chapter 100. 

[January Session, ch. 62.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF LAYING OUT & MAKING A TURNPIKE-ROAD FROM 
MEDFORD TO CHARLESTOWN NECK, AND FOR SUPPORTING 
THE SAME. 

Sect. 1st. Be it enacted by the Senate and house 
of Representatives, in general Court assembled, & by the 
authority of the same, that Benjamin Hall, John Brooks, 
Fitch Hall, Ebenezer Hall, 2d, and Samuel Buel, and all 
such persons as are or shall be associated with them & 
their successors, shall be a corporation by the name of 
the Medford Turnpike Corporation, & shall by that name, 
sue & be sued, & enjoy all the privileges & powers 
which are by law incident to corporations, for the pur- 
pose of laying out and making a turnpike-road from the 
Easterly side of the road nearly opposite to Doctor Luther 
Stearns's house in Medford, & running easterly of winter- 
hill & plowed-hill, to the east side of the road, opposite to 
Page's tavern, near the neck in Charlestown, and for 
keeping the same in repair. Provided, that if the said 
corporation shall neglect to compleat the said turnpike- 
road for the space of three years after the passing of this 
Act, the same shall be void. Provided hoivever, that if 
the said road should be laid out across any grounds, the 
privileges of which have been heretofore granted by Law 
to the Proprietors of the Middlesex Canal, for the purpose 
of cutting a Canal, the proprietors of the said Medford 
Turnpike road, shall be obliged to make any extra bridge 
or bridges across the said Canal, or extra Sluices, which 
shall be rendered necessary by the formation of said Turn- 
pike-road, and to keep the same in repair. 

Sect. 2d. A7id be it further enacted, that the said 
Benjamin Hall, John Brooks, Fitch Hall, Ebenezer Hall, 
2d, and Samuel Buel, or any three of them, may, by an 
advertisement in the Columbian Centinel, call a meeting of 
the said proprietors, to be holden at any suitable time and 



Acts, 1802. — Chapter 100. 197 

place, after fifteen days from the publication of the adver- 
tisement ; and the said proprietors, by vote of the majority 
of those present, shall choose a Clerk, who shall be sworn to cieru to be 
the faithful performance of his duty ; and shall also agree eBUbUshedr&c. 
on a method of calling future meetings, & at the same or 
any subsequent meeting, may make & establish any rules & 
regulations, that shall be necessary or convenient for reg- 
ulating the said corporation, for effecting, compleating, & 
executing the purposes aforesaid, or for collecting the toll 
hereafter granted ; & the same rules & regulations may 
cause to be kept & executed, or for the breach thereof 
may order & enjoin fines not exceeding thirteen dollars 
and thirty three cents for any breach thereof. Provided 
such rules & regulations are not repugnant to the laws 
or constitution of this Commonwealth. And the said 
proprietors may also choose and appoint any other 
officer or officers of the Corporation, that they may deem 
necessary ; and all representations at any meeting shall be 
proved in writing signed by the person making the same, 
which shall be filed with, and recorded by the Clerk ; and 
this act, & all rules, regulations & votes of the said cor- 
poration, shall be fairly & truly recorded by the said clerk 
in a book or books for that purpose to be provided and 
kept. 

Sect. 3d. And he it further enacted, that the said Dimensions of 
turnpike-road shall be laid out not less than three rods scribed and 
wide on the upland, nor more than Six rods wide on the estabUshed. ° 
marsh, & the path to be travelled in not less than twenty- 
four feet wide in any place ; & when the said road shall 
be sufficiently made, & approved of by a committee of the 
Court of General Sessions of the peace for the county of 
Middlesex, to be appointed for that purpose, then the said 
turnpike corporation shall be, & hereby is authorised to 
erect a turnpike-Gate or Gates, in some convenient place 
or places, on said road, for collecting the toll, such as 
shall be determined on by said corporation & approved by 
the aforesaid committee, & shall be entitled to receive, 
from each traveller or passenger, the following rate of 
toll, to wit, for every Coach, Chariot, pha3ton or other 
four-wheeled carriage for the conveyance of persons, 
drawn b}'^ not more than two horses, ten cents ; and if 
drawn by more than two horses, an additional sum of two 
cents for each horse ; for every cart, waggon, sley or sled 
or other carriage of burden, drawn by not more than three 



198 



Acts, 1802. — Chapter 100. 



Exemptions 
from toll. 



Signboard to 
be erected. 



Court of Ses- 
Blons to lay out 
the road. 



cattle, six cents, & if by more than three an additional 
sum of two cents for every additional ox or horse ; for 
every curricle eight cents ; for every cart, drawn by one 
horse, four cents ; for every slay for the conveyance of 
persons drawn by two horses six cents, & if drawn by 
more than two horses an additional sum of two Cents for 
each horse ; for every sled or slay drawn by one horse 
four cents ; for every chaise, chair, or other two wheeled 
carriage, drawn by one horse, six cents ; for every man & 
horse two cents, for all oxen, horses, & neat cattle,^ led 
or driven, besides those in carriages & teams, five mills ; 
for all sheep & swine two cents by the dozen, & in the 
same proportion for a greater or less number ; Provided, 
that nothing in this act shall authorize said corporation to 
demand toll of any person who shall be passing with their 
horse or carriage to or from his usual place of Public 
worship, or with his horse, team or cattle to or from the 
common labours of his farm ; & that when no toll-gatherer 
shall be present at said gate, to receive the tolls the said 
gate shall be left open & travellers be permitted to pass 
freely. 

Sect. 4th. And be it farther enacted, That the said 
cori)oration shall, at the place where the toll is collected, 
erect and keep constantly exposed to view, a sign or 
board, with the rates of toll of all the tollable articles, 
fairly and legibly written thereon. 

Sect. 5th. And be it further enacted, that said cor- 
poration may purchase & hold any land over which they 
may make said roads, and the Justices of the Court of 
General Sessions of the peace in the county of Middlesex, 
are hereby authorised on application from the said cor- 
poration, to lay out such road, or any part thereof, as, 
with the consent of said corporation, they may think 
proper; & the said Corporation shall be holden to pay all 



Penalty for 
delaying pas- 
eengers. 



damages, which shall arise to any person, by 



taking 



his 



_,_.,, _-_-.- ^ J j^ -^ _^- ^ _ - 

land for such road, where it cannot be obtained by volun- 
tary agreement ; to be estimated by a committee appointed 
by the Court of General Sessions of the Peace in the 
County of Middlesex, saving to either party a right of 
tryal by Jury, according to the law which makes pro- 
vision for the recovery of damages happening by laying 
out public highways. 

Sect. 6. And be it further enacted, that if the said 
Corporation or their toll-gatherer, or others by them em- 



Acts, 1802. — Chapter 100. 199 

ployed, shall unreasonably delay or hinder any passenger 
or traveller at the said gate, or shall demand or recieve 
more toll than is by this act established, the corporation 
shall forfiet & pay a sum not exceeding ten dollars, nor 
less than two dollars, to be recovered before any justice 
of the peace of the said County of Middlesex, ))y any per- 
son injured, delayed, or defrauded, in a special action of 
the case, the writ in which shall be served on said cor- 
poration by leaving a copy of the same with the Treasurer, 
or some individual member of said corporation living in 
said County, or by reading the same to the said Treas- 
urer, or member, at least seven days before the day of 
trial; & the Treasurer of said Corporation or individual 
member shall be allowed to defend the same suit in behalf 
of the said corporation ; and the said corporation shall be 
liable to pay all damages that shall happen to any person 
from whom the toll is demanded for any damage which 
shall arise from the defect of bridges or want of repairing 
said road, & shall also be liable to presentment by the 
grand jury for not keeping the same in good repair. 

Sect. 7th. And be it further enacted, that if any Penalty for 
person shall cut, or break down, or otherwise distroy rol'd/sfc.^*'^ 
said gate, or shall dig up or carry away any earth from 
the said road, or in any manner damage the same, or shall 
forcibly pass. or attempt to pass by force the said gate 
without having first paid the legal toll at such gate, such 
person shall forfeit and pay a fine not exceeding fifty dol- 
lars and not less than ten dollars, to be recovered by the 
Treasurer of said Corporation, to their use, in an action 
of trespass on the case; & if any person with a team. Penalty for 
cattle or horses, shall turn out of said road to pass the ^^^^'^g'^*''""- 
turnpike- gate aforsaid, & again enter said road, with an 
attempt to avoid any toll established as aforesaid, such 
person shall forfiet and pay three times as much as the 
legal toll at such gate established aforesaid, to be recov- 
ered by the Treasurer aforesaid to the use of said Cor- 
poration, by an action of debt. 

Sect. 8th. And he it further enacted, that the shares shares tobe 
in said road shall be deemed personal estate to all intents sona'i entile';*'" 
and purposes, & shall be transferable by deed duly ac- menf.&c'!"*''^' 
knowledged before any Justice of the peace & recorded 
by the Clerk of said Corporation in a book to be kept for 
that purpose ; & when any share shall be attached on 
mesne process or taken in execution, an attested copy of 



200 



Acts, 1802. — Chapter 100. 



Shares of de- 
liuquent pro- 
prietors to 
be sold. 



Right of voting, 



Corporation 
may be dis- 
solved when 
indeniDified 
with interest. 



such writ of attachment or execution, shall, at the time 
of the attachment or taking in execution, be left with the 
clerk of said corporation, otherwise the attachment or 
taking in execution to be void ; & such shares may be 
taken & sold by execution in the same manner as other 
personal estate, and the officer or Judgment-creditor 
leaving a Copy of such execution, with the return thereon, 
with the Clerk of said corporation, within fourteen days 
after such sale, & paying for the recording thereof, shall 
be deemed a sufficient transfer of the same. 

Sect. 9th. And be it further enacted, that whenever 
any proprietor shall neglect or refuse to pay any tax or 
assessment, duly voted & agreed upon by the said cor- 
poration, to their Treasurer, within thirty days after the 
time set for the payment thereof, the Treasurer of the 
said corporation is hereby authorized to sell, at public 
vendue, the share or shares of such delinquent proprietor 
one or more as shall be sufficient to defray said tax & 
necessary incidental charges after duly notifying in one 
newspaper printed in Boston, the sum due on such shares, 
and the time & place of sale, at least thirty days previous 
to the time of sale, & such sale shall be a sufficient trans- 
fer of such share or shares so sold to the person purchas- 
ing the same, and on producing a certificate from the 
Treasurer with the number of shares so sold, shall be by 
the Clerk entered on the books of the said corporation, & 
such person shall be considered to all intents the proprie- 
tor thereof & the overplus, if any there be, shall be paid 
by the Treasurer to the person whose shares were then 
sold. 

Sect. 10th. And be it further enacted, that every 
proprietor in the said turnpike road, or his agent duly 
authorized in writing, shall have a right to vote in all 
meetings of the said proprietors according to his number 
of shares in the same ; provided that no proprietor shall 
be entitled to more than ten votes. 

Sect. 1 1th. And be it further enacted, that the General 
Court may dissolve said Corporation whenever it shall 
appear to their satisfaction that the income arising from 
the toll shall have fully compensated the said corporation 
for all monies they may have expended in purchasing, lay- 
ing out, making, repairing, & taking care of said road 
together with an Interest thereon at the rate of twelve per 
Centum by the year ; & thereupon the property of the 



Acts, 1802. — Chapter 101. 201 

said road shall be vested in this commonwealth & be at 
their disposiil ; & that the books of the said corporation, 
shall at all times be subject to the inspection of a commit- 
tee to be appointed by the General Court when called for. 

Sect. 12th. And be it further enacted, that the said ^^^'y^j^^^^"'^ 
corporation be & is hereby empowered to commute the muted. 
rate of toll with any person or persons by taking of him 
or them any certain sum annually or for a less time, to be 
mutually agreed on, in lieu of the toll established in and 
by this act. 

Sect. 13th. And be it further enacted, that the said f^'^^^fto bV'" 
corporation be & hereby is authorised to purchase & hold ^leid. 
other real estate, adjacent or near to & for the accomo- 
dation of the said road to the amount of Six thousand 
dollars. Approved March 2, 1803. 



1803. — Chapter 101. 

[January SesBion, ch. 63.] 

AN ACT TO AUTHORISE THE INHABITANTS OF THE SECOND 
PARISH IN PORTLAND TO TAX THE PEWS & SEATS IN THEIR 
MEETING HOUSE; AND TO MAKE VALID, CERTAIN FORMER 
PROCEEDINGS OF SAID PARISH & FOR OTHER PURPOSES IN 
SAID ACT MENTIONED. 

Whereas the Inhabitants of the second Parish in Port- Preamble. 
land have petitioned the Legislature to establish <& make 
valid in Law, their Parish Meetings heretofore held in 
pursuance of Notifications and Warrants made by the Com- 
mittees or Assessors of the same Parish which are consid- 
ered to be informal & not such Warrants to call meetings 
as the law requires more especially to establish the annual 
meeting held in April last. — And also to establish <& make 
valid the several Assessments heretofore made on the pews 
in their Meeting House in said Portland, by virtue of a 
Law passed the fourteenth day of February Anno Domini 
1789 vjhich Laiv is found in-sufficient for the purpose. — 
And to authorize the said Inhabitants to Tax the Peios & 
Seats in their said Meeting House. And also further to 
Authorize, Lemuel Weeks, John Bagley, Joseph H. In- 
graham, John Thrasher, Joseph McLellan, Abner Lowell, 
William Bond and Thomas Sandford ivho together with 
Joseph Jewett & John Fox, noiv deceased, v^ere appointed 
a Committee by said Parish in the Year of Our Lord 1 788 
to purchase Land to build the Meeting House of said Par- 



202 



Acts, 1802. — Chapter 101. 



Proceedings of 
certain meet- 
ings made 
valid. 



AscBBments 
confirmed and 
collectors 
authorized. 



Pews may be 
wholly or 
partly taxed. 



ish upon, and who hy mistake took the land to the^nselves 
<& their heirs, together with liuth Jewett the Administra- 
trix of said Joseph Jewett, and Sarah Fox, the Adminis- 
tratrix of said John Fox to convey or release said Land 
so purchased by them the said Inhabitants, so that said 
Inhabitants may hold the same land, <& the present respec- 
tive owners of the pews may hold the same Pews in asfidl 
<& ample a manner as though the said Deed had been 
originally conveyed to the Parish. 

Sec. 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled <& 
by the authority of the same, that the several Parish 
Meetings aforesaid, heretofore held by the said Inhabitants 
called by the said Committee or Assessors in manner 
aforesaid be considered as duly called, and the same meet- 
ings and the proceedings therein be made valid & effectual 
in Law so far as it respects the manner of calling the same, 
notwithstanding any informality in said Notifications or 
Warrants, or in summoning said Inhabitants. And that 
the summoning or warning said Inhabitants to hold their 
annual Meeting in April last ; And the warrant for that 
purpose by the Assessors of said Parish, be and is hereby 
made good & valid in Law notwithstanding the Meeting 
at which said Assessors were chosen might not have been 
called as the law requires. 

Sec. 2. And be it further enacted, that the several 
Assessments made by the assessors of said Parish on the 
Pews in their said Meeting House, or partly on the said 
Pews & partly on the Polls and estates of said Inhabitants 
as aforesaid, be considered as duly assessed ; & that the 
several collectors duly chosen to Collect the same, be and 
they are hereby fully authorised to collect the respective 
bills to them Committed & in default of payment thereof, 
to sell the said pews as other real Estate is sold for Taxes, 
& if need be other Estate as the law directs, 

Sec. 3. And be it further enacted, that the inhabi- 
tants of said Parish, have full power, & they are hereby 
authorised to tax the Pews & Seats in said Meeting House, 
or the said Pews in part, & the Polls & Estate of the In- 
habitants of said Parish in part as they may deem proper, 
to defray the ministerial & other parish Charges, whether 
the pews to be taxed wholly or the Pews in part & the 
polls & Estates in part, to be determined by said Inhabi- 
tants at their annual Meeting in March or April. 



Acts, 1802. — Chapter 102. 203 

Sec. 4. Arid be it further enacted, that Ruth Jewett ^ed irconley'" 
as she is administratrix on the Estate of Joseph Jewett, certain land. 
deceased, — And Sarah Fox as she is administratrix on the 
Estate of John Fox, deceased, be and they are hereby fully 
authorised together with the said Weeks, Bagley, Ingra- 
ham, Thrasher, McLellan, Lowell, Bond & Sandford to 
convey & release the Land purchased by them as afore- 
said to the Inhabitants, so that said Inhabitants may hold 
the land, and the owners of the pews in their said Meeting 
House may hold their respective Pews, in as full & ample 
a manner as tho' the said land had been given to said 
Inhabitants at the first. 

Sec. 5. And be it further enacted, that the Assessors choice of 
& the Other Officers of said Parish, chosen, at their said firmed^.''*"'' 
annual Meeting in April last, be and they are hereby de- 
clared duly chosen ; and that the meetings that have been 
and shall in future be called by said Assessors agreeably 
to law, shall be considered duly called. 

Approved March 3, 1803. 

1803. — Chapter 103. 

[January Beision, ch. 64.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF LAYING OUT AND MAKING A TURNPIKE ROAD 
FROM QUINCY MEETING HOUSE TO A PLACE CALLED QUEEN 
ANNS CORNER ON THE BORDERS OF HINGHAM AND SCIT- 
UATE, FOR BUILDING THE NECESSARY BRIDGES ON SAID 
ROAD AND FOR SUPPORTING THE SAME. 

Whereas the making of the said road and Bridges will Preamble. 
be of great public convenience and utility , and Cotton Tufts 
Esqr. and others have petitioned this Court for an Act of 
incorporatil^o^n to empower them to lay out & make said 
road and erect and build said Bridges, and have siibscribed 
to a fund for that purpose. Therefore 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, hi General Court assembled, and by the 
authority of the same. That Cotton Tufts, Ebenezer PerBons incor- 
Thayer, Eliphalet Loud, Minott Thayer, Cotton Tufts p""'"''''- 
junr. Gideon L. Thayer, John Tirrel, John White, Ezra 
Pratt, Asa White, David P. Hay ward, and all such per- 
sons, as are or shall be associated with them and interested 
in said fund, and their successors, shall be a Corporation, corporate 
by the name of the Braintree and Weymouth Turnpike 
Corporation and shall by that name sue and be sued, and 



204 



Acts, 1802. — Chapter 102. 



Course of the 
road. 



Dimension of 
the road. 



Toll estab- 
lished. 



shall have a Common Seal and enjoy all the previliges, and 
powers which are by law incident to a corporation for the 
purpose of laying out and making a Turnpike road and 
building the Bridge or Bridges, aforesaid, and keeping the 
same in repair ; That is to say a road begining at Brack- 
etts Corner, in Quincy, (so called) thence to be contin- 
ued to or near the head of Hay wards Creek in Braintree 
thence to the west end of Minott Thayers wharf opposite 
to Thomas point in said Braintree, thence to or near the 
west end of Cotton Tufts Junr. Store, in Weymouth, 
from said west end of said store, to or near the West end 
of Whitmans pond, (so called) in said Weymouth, from 
thence to or near the Northeast end of Accord pond (so , 
called) from thence to or near the aforesaid Queen Anns 
Corner, on the borders of Hingham and Situate. And of 
building a Bridge over said Haywards Creek, aforesaid, 
if such should be found necessary. And also of building 
a Bridge over the river from the said west-end of said 
Minott Thayer's wharf to said Thomas point (so called). 
Sect. 2d. And be it furthei'- enacted that the same 
Turnpike road shall be laid out and made by the said 
Corporation of sufficient width in every part thereof for 
the accommodation of the public, that is to say, said road 
shall not be more than four rods wide nor less than three 
rods wide, and the part to be travelled on not less than 
twenty four feet in width, in any place, and when the 
said Turnpike Road shall be sufficiently made from said 
Bracketts corner, to said Tufts' Store, and the Bridge or 
Bridges, within said route, shall be sufficiently built, & 
made, and shall be so allowed, by the Justices of the Su- 
preme Judicial Court, at any term thereof in any County 
of this Commonwealth, then the said Corporation, shall 
be authorized to erect a Turnpike gate on the same, be- 
tween said Bracketts Corner, and said Tufts Store, in 
such manner and place, as shall be thought necessary, & 
convenient so that said gate be not erected on any old 
travelled road and shall be entitled to receive from each 
passenger & traveller, the following rate of Toll Vizt. 
For every Coach, Pha?ton, Chariot or other four wheel 
carriage, for the conveyance of persons drawn by two or 
more horses, twenty five cents, for every Curricle seven- 
teen cents ; for every Cart, Waggon, Sled or Sleigh 
drawn by two oxen or horses, ten cents, and if drawn by 
more than two, an additional Sum, of two & one half 



Acts, 1802. — Chapter 102. 205 

cents, for each additional horse or ox, for every Chaise, 
Chair or other carriage drawn by one horse, ten cents, 
and for every additional horse two & one half cents, for 
every Sled or Sleigh drawn by one horse, six and one 
quarter cents and for every additional horse, two cents & 
one half, for every man & horse five cents, for every man 
& wheelbarrow, hand cart, or other vehicle, capable of 
carrying a like weight, three cents, and for all horses, 
Mules, or Cattle led or driven, besides those in carriages, 
one cent each, for all Sheep & Swine, three cents f? dozen, 
and in that proportion for a greater or less number. 

Sect. 3d. And be it further enacted that when said ^,{|;3^'^°""' g"**^ 
road shall be sufficiently made, from said Tufts Store, to 
or near said Queen Anns Corner, and shall be so allowed, 
and accepted by the said Justices as aforesaid, then the 
said corporation, shall be authorised, to erect another 
Turnpike gate, on the same, between, said Tufts Store & 
said Queen Anns corner, in such place and manner, as 
shall be necessary, and convenient, so that said gate be not 
erected on any old travelled road and shall be entitled to 
receive from each passenger and traveller, the rates of 
Toll established at the other gate as aforesaid. — Pro- Location and 
vided also and be it further enacted, that said Bridge to bridge*'°°^° 
be erected from said West end of said Minott Thayer's 
wharf, to said Thomas point, shall be well built at least 
Twenty eight feet wide, of good and suitable materials 
and be well covered with plank or timber, on the top suit- 
able for such a Bridge, with sufiicient rails on each side 
for the safety of passengers and the same shall be kept, 
in good safe, and passable repair. And the said Bridge 
shall have at a suitable place, a good draw or passage 
way thirty feet wide, which shall be constantly attended, 
and at all times be opened, by the proprietors of said cor- 
poration, when required, through which vessels may pass, 
both by day & by night, without Toll. And the said 
corporation, shall keep Six Lamps, properly placed, on 
said Bridge, which, shall be constantly supplied with Oil 
and kept burning from night fall, till twelve of the Clock, 
and those at the draw, during the whole night excepting 
at such times when the river shall be frozen over, or the 
tide so low that vessels cannot pass in the channel. 

Sect. 4tii. And be it further enacted, that if said je,"*''^^*"" 
corporation, or their Toll gatherer, or others in their em- pasBengers. 
ploy, shall unreasonably delay or hinder, any traveller or 



206 



Acts, 1802, — Chapter 102. 



Corporation 
liable for dam- 
ages by the 
road not being 
in repair. 



Penalty for in- 
juring the 
rood. 



Exemptions 
from toll. 



passenger, at either of said gates, or shall demand or re- 
ceive more Toll than is by this act established, the said 
corporation shall forfeit and pay a sum not exceeding ten 
dollars, nor less than two dollars, to be recover'd, before 
any Justice of the peace, of the County, where the of- 
fence, shall be committed by any person injured, delayed, 
or defrauded in a special action of the case, the writ in 
which shall be served on said corporation by leaving a 
copy of the same, with the Treasurer, or with some in- 
dividual member, seven days, at the least, before the trial, 
and the treasurer of said corporation, or individual shall 
be allowed to defend the same suit in behalf of the said 
corporation, and the corporation shall be liable to pay all 
damages, that shall happen to any person from whom the 
toll is demandable, for any damage which shall arise from 
defect of Bridges, or want of repairs, in said way, and 
shall also be liable, to presentment by the Grand Jury, 
for not keeping the same in good repair. 

Sect. 5th. And be it further enacted, that if any per- 
son, shall cut, break down, or otherways injure or di- 
stroy, either of said Turnpike gates, or shall dig up or 
carry away any earth from said road, or in any manner 
damage the same, or shall forcibly, pass or attempt to 
pass, the said gates, or Bridges by force, v^ithout, having 
first paid the legal toll at such gate or shall carry on said 
road any load of Stones of a greater weight than two Tons, 
Cart or waggon included, upon wheels less than nine 
inches wide, such person shall forfeit, and pay a fine not 
exceeding fifty dollars nor less than two dollars to be re- 
covered by the Treasurer, of said Corporation, to their 
use in an Action of trespass, or a special action on the 
case, and if any person, with his team, Cattle or horse 
shall turn out of said road, to pass any of the Turnpike 
gates and again enter on the said road, with intent to 
evade the toll due by virtue of this act, such persons shall 
forfeit and pay, three times so much as the legal toll, 
would have been, to be recovered by the Treasurer of the 
said Corporation, to the use of the same in an Action of 
debt or a special action on the case, provided that nothing 
in this act shall extend to entitle the said Corporation, to 
demand & receive toll of any person, who shall be pass- 
ing, with his horse or carriage, to or from Public worship, 
or with his horse, team or Cattle to or from his common 
labour on his farm, or to and from any Grist mill or on 



Acts, 1802. — Chapter 102. 207 

the common and ordinary business of family concerns, or 
from any person or persons passing on Military duty. 

Sect. 6th. And be it fartJier enacted, that the shares shares to be 
in the same Turnpike road, shall be taken, deemed, and gonai^'eTate^*'^ 
considered to be personal estate, to all intents and pur- 
poses, and shall and may be transferable, and the mode 
of transferring said shares, shall be by deed, acknowledged 
before any Justice of the peace, and recorded by the clerk 
of said Corporation, in a book for that purpose, to be pro- 
vided, and kept. And when any share shall be attached ^"nf ^^g"""''''' 
on mesne process, or taken in execution an attested copy 
of such writ of attachment or execution shall at the same 
time of the attachment or taking in Execution, be left 
with the Clerk of the Corporation otherwise the attach- 
ment or taking in execution shall be void ; and shares 
may be sold on execution, in the same manner, as is or 
may by Law be provided for making sale of personal 
property, on execution, the oflScers making the sale, or 
the judgment Creditor, leaving a copy of the execution, 
and the officers return on the same, with the Clerk of said 
Corporation, within fourteen days after such sale, and 
paying for the recording of the same, shall be deemed & 
considered as a sufficient transfer of such share or shares, 
in the same Turnpike road. 

Sect. 7th. And he it further enacted, that the first First meeting. 
meeting of the said Corporation, shall be held at the 
House of John Newcomb in Quincy on the second Tues- 
day of March next, for the purpose of choosing a Clerk, cierktobe 
who shall be sworn to the faithful! discharge of the duties Jui^e^B^estab- 
of his said office, and such other officers as may then and "*''<'<^- 
there be agreed upon by the said Corporation ; and the 
said corporation may then establish such rules and regula- 
tions, as shall be judged necessary for the better manage- 
ment of its affairs ; Provided, such regulations shall not 
be repugnant to the constitution and Laws of this Com- 
monwealth ; and the said Corporation may at the same 
time agree upon a method for calling future meetings. 

Sect. 8th. And he it further enacted, That the said f^tf«™«°t«°^ 



whole ex- 



Corporation shall, within six months after their Toll shall pence, and of 

• 1 /» 1 • 1 1 1 • 1 f 1 ^^^ annual re- 

commence at either of the said gates lodgre in the Secre- ceipis and cUb. 

. n^ . f ^^ ' t • ^ ' bursenients, to 

tarys oince an account oi all expence incurred in making be returned. 
said road and Bridges previous to the taking toll at such 
gate and within six months after said Turnpike road and 
Bridges shall be compleated lodge in said office an ac- 



208 



Acts, 1802. — Chapter 102. 



Shares of 
delinquent pro- 
prietors to be 
sold. 



Sign-board to 
be erected. 



Corporation 
may be dis- 
solved when 
indemnified 
with interest. 



count of the expences of the whole of said road and 
Bridges & that the said corporation shall annually exhibit 
to the Governor and Council, a true account of the income, 
or dividend arising from the said toll, with their necessary 
annual disbursements, on said road, and that the books of 
the said Corporation, shall at all times be subject to the 
inspection of a Committe to be appointed by the General 
Court, or to the inspection of the Governor and Council 
when called for. 

Sect. 9th. And be it furtlier enacted, that whenever 
any proprietor shall neglect or refuse to pay, any Tax or 
assessment duly voted and agreed upon by the said Cor- 
poration, to their Treasurer within thirty days, after the 
time set for the payment thereof the treasurer of the said 
corporation is hereby authorised to sell at public Vendue 
the share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray said taxes, and neces- 
sary incidental Charges, after duly notifying in one News 
paper, printed in Boston by the printers of the General 
Court, the sum due on such shares, and the time and 
place of sale, at least thirty days previous to the time of 
sale ; and such sale shall be a sufficient transfer of the 
share or shares sold, to the person purchasing the same, 
and on producing a certificate of such sale from the treas- 
urer to the Clerk of said corporation the name of such 
purchaser, with the number of shares sold, shall be by the 
Clerk, entered on the Books of the said corporation, and 
such person shall be considered to all intents and pur- 
poses, the proprietor, thereof, and the over-plus if any 
there be, shall be paid on demand by the Treasurer to the 
person whose share or shares were sold. 

Sect. IOtii. And he it further enacted, that the said 
corporation shall at all places, where the said Toll shall 
be collected erect and keep constantly, exposed to view, 
a sign or board with the rates of Toll, of all the tollable 
articles, fairly and legibly written thereon, in large or 
Capital Letters. 

Sect. 11th. And be it further enacted, that the Gen- 
eral Court may dissolve said Corporation, whenever it 
shall appear to their satisfaction, that the income arising 
from said Toll shall have fully compensated the said Cor- 
poration for all Monies they may have expended in pur- 
chasing, repairing and taking care of the said road to- 
gether with an interest thereon at the rate of twelve per 



Acts, 1802. — Chapter 102. 209 

Centum, by the year, and thereupon the property of the 
said road shall be vested in this commonwealth and be at 
their disposal. 

Sect. 12th. Arid be it farther enacted, that every pro- Right of voting, 
prietor in the said Turnpike road or his agent duly 
authorised in writing, shall have a right to Vote in all 
meetings of the said Corporation, and be intitled to as 
many votes as the proprietor has shares in the same ; 
Provided, his number of shares, do not exceed ten ; but 
no proprietor shall be entitled to more than ten votes, for 
any greater number of shares he may possess. 

Sect. 13th. And be it further enacted, that said cor- corporation 

. , Till 11 I'lji may purcriage 

poration may purchase and hold, any land over which they onaiie land but 

1 •T T 1,1 ■! ,• to be liable for 

may make said road, and the said corporation are empow- damages. 
ered and authorised to employ a sworn surveyor, to lay 
out said road, or any part thereof; and the said corpora- 
tion shall be holden to pay all damages which shall arise 
to any person, by taking his land for such road where it 
cannot be obtained by voluntary agreement, to be esti- 
mated by a Committee appointed by the Court of General 
Sessions of the peace, in the County in which said damage 
shall arise, saving to either party a right of trial by Jury, 
according to the law which makes provision for the recovery 
of Damages happening by laying out public highways. 

Sect. 14th. And be it further enacted, that the said ^||^^''J^°^*°" 
corporation be and it is hereby impowerd to commute the muted. 
rate of Toll with any person or with the inhabitants of any 
Town, through which their Turnpike road is made by 
taking of him or them any certain sum annually or for a 
less time, to be mutually agreed on, in lieu of the toll 
established in and by this Act. 

Sect. 15th. Ayid be it further enacted, that the said corporation 

r^ -"iiiii • 1 ""owed to 

Corporation is hereby allowed to grant monies to such grant monies 
persons as rendered services to the proprietors, in explor- person's. 
ing the rout of the Turnpike road or otherwise, previous 
to the act of incorporation. And the said Corporation is 
hereby authorised to purchase, and hold other real estate, 
adjacent to, and for the accommodation of the said road, 
to the amount of Six Thousand dollars. 

Sect. 16th. And be it further enacted, that if the said Time for mak- 

•J ' ing road 

proprietors shall neglect or refuse, for the space of four limited, 
years after the passing of this Act to build the said Bridge 
or Bridges and to make the said Turnpike road, then this 
Act shall be void and of no effect. 

A'p'proved March 4, 1803. 



210 Acts, 1802. — Chapter 103. 



1802. — Chapter 103. 

[January Session, ch. 65.] 

AN ACT IN ADDITION TO, AND FOR THE AMENDMENT OF AN ACT 
ENTITLED, "AN ACT TO REGULATE THE MANUFACTURE OF 
NAILS WITHIN THIS COMMONWEALTH," PASSED THE TWENTY- 
EIGHTH DAY OF FEBRUARY, ONE THOUSAND, EIGHT HUN- 
DRED. 

Sec. 1. Be it Enacted by the Senate, and House of 
Iieprese7itatives , in General Court assembled, and by the 

A third sort of authovity of the same. That the Inspector of wrought Nails, 

noted." ^ be, and he hereby is directed and empowered to note & 
distinguish a third sort of nails, beside the refuse nails, in 
the manner the other sorts are noted, Mutatis mutandis, 
in the said Act to which this is in addition. 

bl given?"^*'" ^° Sec. 2d. Be it further Enacted, That the Inspector 
shall give a Certificate, or weight note, expressing the 
number of the cask, the whole weight, the weight of tare, 
and the numl)er of Nails in a pound, agreeable to his 
marks of Inspection with the quality of the nails in said 

maii'''auered!°^ Casks ; and that the practice of selling seven, ten, thir- 
teen, or twenty pounds for a thousand, be, and hereby is 
abolished, and that all wrought nails shall hereafter be 
sold by the pound, or by real thousands, delivering and 
receiving so many pounds for a thousand as will produce 
ten nett hundreds, agreeable to the marks of Inspection. 
And all nail Casks shall be made of seasoned timber. 

Fees for inspec gj,^_ ^^ ^^ ^^ further enttcted. That the Inspector 
General, or either of his Deputies, for inspecting each and 
every Cask of wrought nails, according to the Act,^to 
which this is in addition, shall be entitled to ask and re- 
ceive the Sum of thirty Cents for each cask, and shall not 
be obligated to deliver any Cask of Nails, thus inspected, 
without receiving the fees for inspection ; and the manu- 
facturer or Vender of inspected nails shall have a right in 
all cases to charge the purchaser with the fees for inspec- 
tion in addition to the amount of the Nails sold. 

^?dorexior^ed ^EC. 4th. Be it further enacted. That any Package 

until inspected, or Cask of wrouo;ht uails manufactured in this Common- 
wealth or in any other of the United States, which shall 
be brought into this Commonwealth for sale, and shall be 
put on board any Vessel, Waggon, or Carriage for trans- 
portation, or conveyance by Land, or Water from this 
Commonwealth, or shall be offered for sale in any Store, 



Acts, 1802. — Chapter 103. 211 

Street, or els where without being first inspected, and 
branded, agreeable to the Act, to which this is in addition, 
all such nails shall be forfeited. And it shall be lawfull 
for any Justice of Peace, on information given of any such 
Nails not inspected and marked as aforesaid, to issue his 
warrant, directed to the Sherrif or his Deputy or Consta- 
ble, requiring them respectively to make seizure of all 
such nails, not marked, and to secure the same in order 
for trial ; and such officers are hereby respectively em- 
powered and required to execute the same. 

And whereas the cutting of nails, and brads has become 
an important and usefull branch of manufacture, and re- 
quires legislative encouragement and regulation : 

Sec. 5th. Be it furtJier enacted, That cut nails and weight of cut 

d&iIb to VL 

brads of all sizes, shall be packed in good, strong, and suf- cask. 
ficient Casks, made of seasoned Timber, and well hooped, 
and shall not contain more than three hundred nett pounds 
in a Cask ; the Nails and brads to be well made, and 
packed free from waste pieces of Iron, (unless refuse nails, 
or brads), or any fraudulent mixture increasing the 
weight : The Manufacturer (who shall also be the owner 
of such nails, or brads) shall brand the initial of his Chris- 
tian Name and his surname at large, on the side of each 
Cask ; also the Name of the Town where the manufacturer 
resides, in plain legible letters ; and shall also mark the 
true and just weight of the tare of said cask, with a brand, 
or marking Iron, under the name of the Town. 

Sec. 6th. Be it further enacted, That if any Cask, 
Package, or Quantity of cutt nails, or brads, not branded 
or marked as aforesaid, shall be offered for sale, or shall be 
put on board any vessel or carriage of transport to be con- 
veyed out of this Commonwealth, the same shall be forfeited 
and liable to seizure. And the manufacturer, and owner, Penalty for 
as aforesaid, shall, for each and every pound of Tare, more *''''''* ''""^' ^''• 
than is marked on the cask, and for each and every pound 
of refuse scraps or waste, which shall be mixed with said 
Nails or Brads forfeit, and pay one dollar for each and 
every pound of extra tare or waste. 

Sec. 7th. Be it further enacted. That if any person Penalty for 
shall counterfeit any brand used or intended to be used Thmfd!^'""^ 
for the purpose aforesaid, or shall destroy or alter any 
mark or impression made by another person's brand on 
any Cask of cut nails or brads, and cause a different im- 
pression by such counterfeit Brand to be marked or im- 



212 



Acts, 1802. — Chapter 104. 



Penalty for re- 
ceiving on board 
a vessel, &e. 
casks of nails 
not branded. 



Recovery of 
penallies. 



pressed thereon, or shall shift any cut Nails or Brads from 
one branded Cask to another, and thereby avail himself 
of another person's brand, every person so offending shall 
forfeit the Sum of twenty dollars. 

Sec. 8th. Be it further Enacted, That if any master, 
mate, owner, or other person, shall receive on board any 
vessel or carriage of conveyance, any cask, or other 
quantity of cut nails or brads, which are apparently in- 
tended to be transported out of this Commonwealth, and 
are not branded and marked as provided and directed by 
this Act, he or they shall forfeit and pay a sum equal to 
the full amount of such Nails. 

Sec. 9th. Be it farther enacted, That all penalties 
and forfeitures, arising by force and virtue of this act, 
shall be recovered and applied in the same way and man- 
ner, as is provided for the recovery and application of 
Penalties and forfeitures under the Act to which this is an 
addition. — And the operation of this act, so far as it shall 
respect cut nails and brads, shall commence and be in full 
force from and after the first day of July next. 

Approved March 4, 1803. 



Persons Incor- 
porated. 



Corporate 
name. 



1803. — Chapter 104. 

[January Session, ch. 66.] 

AN ACT TO INCORPORATE THE PRESIDENT, DIRECTORS AND 
COMPANY, OF THE BOSTON BANK. 

Sec 1st. Be it enacted by the Senate and House of 
Representatives in General Oourt assembled, and by tlie 
authority of the same, That John Codman, Theodore 
Lyman, James Lloyd Junior, Thomas H. Perkins and 
Thomas C. Amory, their associates, successors and as- 
signs, shall be and hereby are created a Corporation by 
the name of The President, Directors & Company of the 
Boston Bank, and shall so continue from the first day of 
June next untill the first Monday of October in the year 
of our Lord one thousand eight hundred and twelve ; and 
by that name shall be and hereby are made capable in law 
to sue and be sued, plead and be impleaded, defend and 
be defended in any Courts of Record or any other place 
whatever; and also to make, have and use a common 
seal, and the same at pleasure again to break alter and 
renew ; and also to ordain, establish and put in execution 
such bye laws ordinances and regulations, as to them shall 



Acts, 1802. — Chapter 104. 213 

appear necessary and convenient for the government of 

the said Corporation, and the prudent management of 

their aflairs : Provided such bye laws, ordinances and fJco^Zl'i^to 

regulations, shall in no wise be contrary to the Constitu- the constitution 

»— ' ' «/ and Iaws 

tion and Laws of this Counnonwealth ; and the said Cor- 
poration shall be always subject to the rules restrictions, 
limitations and provisions herein prescribed. 

Sec. 2d. And be it further enacted, That the capital uaT8t'o"ck''LT" 
stock of the said Corporation shall consist of a sum not of each siiare. 
more than twelve hundred thousand dollars in gold or sil- 
ver, to be, besides such part as this Commonwealth shall 
subscribe in manner hereafter mentioned, divided into 
shares of one hundred dollars each, which shall be paid 
in, in three instalments, to wdt ; fifty dollars on each share 
on or before the first day of June next — twenty five dol- 
lars on each share on or before the first day of September 
next — and twenty five dollars on each share on or before 
the first day of December next ; and the stockholders at 
their first meeting shall by a majority of votes deter- 
mine the mode of transfering and disposing of said stock 
and the profits thereof, which being entered in the books of 
the said Corporation, shall be binding on the stockholders 
their successors and assigns. And the said Corporation Amount of real 
are hereby made capable in law to have, hold, purchase, to beVeid"^'^'^ 
receive, possess enjoy and retain to them their successors 
and assigns, lands, rents, tenements & hereditaments to 
the amount of fifty thousand dollars, and no more at any 
one time, with power to bargain sell and dispose of the 
same ; and to loan and negociate their monies and effects 
by discounting on banking principles, on such security as 
they shall think adviseable : provided hoivever, that noth- 
ing herein contained shall restrain or prevent the said 
Corporation from taking and holding real estate in mort- 
gage or on execution to any amount as security for, or in 
paj'ment of any debts due to the said Cor})oration. And 
provided further that no money shall be loaned, or dis- 
counts made, nor shall any bills or promissary notes be 
issued from said Bank, untill the capital sul)scribed, and 
actually paid in, and existing in gold and silver in their 
vaults, shall amount to six hundred thousand dollars. 

Sec. 3d. And be it farther enacted. That the follow- Rules, &c. 
ing rules, limitations and provisions shall form, and be the 
fundamental articles of the said Corporation. 

First. That the total amount of all the debts due by or 



214 



Acts, 1802. — Chapter 104. 



The debts not to 
exceed double 
the amount of 
the capital. 



The monies not 
to be improved 
in trade, Sec. 



Directors to 
choose a 
president. 



Directors of 
other banks 
not eligible. 



Annual meeting 
of stockholders 
to be held. 



from the said Corporation, shall not at any one time exceed 
double the amount of their capital stock actually paid in, 
neither shall there be due to the said Corporation, at any 
one time, more than double the amount of their capital 
actually paid in as aforesaid, and in case of any excess, 
the Directors under whose administration it may happen, 
shall be liable to the payment of the same in their private 
capacity ; but this shall not be construed to exempt the 
said Corporation, or any estate real or personal, which 
they may hold as a Body Corporate, from being also liable 
for, and chargeable with such excess. 

Second. That the said Corporation shall not vest use 
or improve any of their monies, goods, chatties or eflTects 
in trade or commerce, but may sell all kinds of personal 
pledges lodged in their hands by way of security to an 
amount sufficient to reimburse the sum loaned. 

Third. That the lands, tenements and hereditaments 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. 

Fourth. None but a member of the said Corporation, 
being a citizen of this Commonwealth, and resident therein, 
shall be eligible for a Director; and the Directors shall 
choose one of their own number to act as President ; and 
the Cashier before he enters on the duties of his office, 
shall give bond with two sureties to the satisfaction of 
the Board of Directors, in a sum not less than twenty 
thousand dollars, with conditions for the faithful discharge 
of the duties of his Office. 

Fifth. No Director of any other Bank shall be eligible 
to the Office of Director of this Bank, although he may be 
a stockholder therein ; and any Director accepting any 
Office in any other Bank shall be deemed to have vacated 
his place in this Bank. 

Sixth. That for the well ordering the affairs of the 
said Corporation a meeting of the stockholders shall be 
held at such places as they shall direct on the first Mon- 
day in June annually, and at any other time during the 
continuance of the said Corporation, and at such place as 
shall be appointed by the President and Directors for the 
time being, by public notification given one week previous 
thereto ; at which annual meeting there shall be chosen 
by ballot, twelve Directors to continue in Office the year 
ensuing their election and the number of votes to which 



Acts, 1802. — Chapter 104. 215 

each stockholder shall be entitled, shall be according to 
the number of shares he shall hold, in the following pro- 
portions, that is to say, for one share one vote, and every 
two shares above one, shall give a right to one vote more : 
Provided no one member shall have more than ten votes ; 
and absent members may vote by proxy being authorized 
in writing. 

Seventh. The stockholders may make the President j^e^^^fd °' """^ 
such compensation as to them shall appear reasonable. 

Eighth. No less than four Directors shall constitute Board of di- 
a Board for the transaction of business, of whom the ^^'^^°^^- 
President shall always be one, except in. the case of sick- 
ness or necessary absence, in which case the Directors 
present may choose a chairman for the time being, in his 
stead. 

Mnth. All bills issued from the Bank aforesaid, and fhan^H'^'d" 
siojned by the President, shall be bindinsj on the Cor])ora- la^s to be 

^ •-' o i issued* 

tion, but it shall not be lawful for them to issue any bills 
of a less denomination than live dollars. 

Tenth. The Directors shall make half yearly dividends semi-anmiai 

dividends 

of all the profits, rents, premiums and interest of the 
Bank aforesaid. 

Eleventh. The Directors shall have power to appoint &c*^o®bet*''-''^' 
a Cashier, Clerks, and such other Officers for carrying on poinud. 
the business of said Bank, with such salaries as to them 
shall seem meet. 

Sec. 4th. And he it further enacted. That the said b°nk"°°°^ 
Bank shall be established and kept in the town of Boston 
aforesaid. 

Sec. 5tii. Be it further enacted That whenever the Money to be 
Legislature shall require it, the said Corporation shall monweaitb 
loan to the Commonwealth any sum of money which may ^ "^^ require . 
be required not exceeding one hundred and fifty thousand 
dollars at any one time reimburseable by five annual in- 
stalments, or at any shorter period, at the election of the 
Commonwealth, with the annual payment of interest at a 
rate not exceeding five per centum per annum : Provided 
however that the Commonwealth shall never, at any one 
time stand indebted to said Corporation WMthout their con- 
sent for a larger sum than three hundred thousand 
dollars. 

Sec. 6th. Be it further enacted. That the share or shares Mode of attach- 

c 1 /• • 1 AN . . 1 1 T • 1 1 mg shares, 

of any member of said Corporatum, with the dividends 
due thereon, shall be liable to attachment and execution 



216 



Acts, 1802. — Chapter 104. 



A legislative 
committee may 
examine the 
books, &c. 



First meeting. 



in fiivor of any bona fide creditor, in manner following, 
viz. Whenever a proper OflBcer, having a writ of attach- 
ment or execution against any such member, shall apply 
with such writ or execution to the Cashier of said Bank, 
it shall be the duty of said Cashier to expose the books 
of the Corporation to such OflScer, and furnish him with 
a certificate under his hand, in his official capacity, ascer- 
taining the number of shares the said member holds in 
said Bank, & the amount of the dividends thereon due ; 
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 execution shall be left with the 
said Cashier, and such share or shares may be sold on 
execution after the 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 such officer making 
such sale, within ten days thereafter, to leave an attested 
copy of the execution with his return thereon, with the 
Cashier of the Bank, 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 the taking in execution as aforesaid, or where 
there shall have been a previous attachment, after such 
attachment, notwithstanding any intervening transfer. 

Sec. 7th. And be it further enacted. That any Com- 
mittee specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of said 
Corporation, and shall have free access to all their books 
and vaults ; and if upon such an examination it shall be 
found, and after a full hearing of said Corporation thereon, 
be determined by the Legislature, that said Corporation 
have exceeded the powers herein granted them, or failed 
to comply with any of the rules, restrictions and condi- 
tions, in this Act provided, their incorporation shall there- 
upon be declared forfeited and void. 

Sec. Stii. And he it further enacted. That the persons 
herein before named, or any three of them are authorized 
to call a meeting of the members and stockholders of said 
Corporation as soon as may be, at such time and place as 
they may see fit, by advertising the same for three weeks 
successively in the New England Palladium for the pur- 
pose of making, ordaining and establishing such bye laws, 
ordinances and regulations for the orderly conducting the 
atfairs of the said Corporation as the said stockholders 



Acts, 1802. — Chapter 104. 217 

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. 9tii. And be it further enacted^ That it shall be statements of 
the duty of the Directors of said Bank, to transmit to the transmitted'to'' 
Governor and Council of this Commonwealth for the time aDd^orud?."^ 
being, once in six months at least, and as much oftner as 
they may require, accurate and just statements of the 
amount of the capital stock of said Corporation and of 
debts due to the same ; of the monies deposited therein ; 
of the notes in circulation, and of the gold, silver and 
copper coin, and the bills of other Banks on hand ; which 
statements shall be signed by the Directors, and attested 
by the Cashier. 

And to the end that the property and revenues of this 
Commonwealth may be indemnified for such loss or injury 
as they might sustain in consequence of this Act of incor- 
poration. 

Sect. 10th. Be it further enacted hy the authority 
aforesaid, That in addition to the said capital of twelve The common- 
hundred thousand dollars, the Commonwealth shall be po'eu'stocki^'to 
interested in the said Corporation to the amount of six afx h^nXed"* 
hundred thousand dollars in manner followino; : The thoueand doi- 

m r y r^ iiiii !• -\ • lars and be en- 

Treasureror the Commonwealth shall at the times, and in tuiedtoone 
the proportions at which the several instalments are to be stock." ''''^' ' 
paid in by the private and individual stockholders, deposit 
with the said Corporation, six per cent stocks of the 
United States belonging to the Commonwealth, to the 
amount of six hundred thousand dollars, reckoning 
the said stocks at par, subject to the deduction of the 
payments of principal already made thereon — which said 
stocks shall be redeemable in whole or in part at the pleas- 
ure of the Legislature, by the payment of money instead 
thereof, always reckoning the said stocks at par, with al- 
lowance for the deduction of principal paid. And the said 
Corporation shall receive all the payments whether of 
interest or of principal which shall be made by the United 
States upon the said stock, so long as it shall remain thus 
deposited, — and from the time when such deposit shall 
be made, the Commonwealth shall be entitled to one third 
part of the whole capital stock of said Bank paid in, and 
to the same proportion of all the profits and dividends 
thereon; provided that the dividends or profits arising Proviso, 
from the stock vested by the Commonwealth be approj)ri- 



218 



Acts, 1802. — Chapter 104. 



Original amount 
of altered bills 
to be paid. 



The bank liable 
10 taxation. 



Specie not to be 
drawn from 
other banks. 



LoauB to be 
made persons 
out of Boston. 



The state treas- 
urer to be a 
director 
ex officio. 



ated as is provided by the Act passed on the first day ot 
February in the year of our Lord, one thousand seven 
hundred and ninety four, making provision for the public 
debt. 

Sec. 1 Itii. And he it further enacted. That the said Cor- 
poration shall be liable to pay to any bona fide holder, the 
original amount of any note of said Bank counterfeited, 
or altered in the course of its circulation to a larger 
amount, notwithstanding such alteration. 

Sec. 12x11. And be it further enacted That nothing 
contained in this Act shall be construed to prevent the 
Legislature from taxing said Bank at any time hereafter, 
whenever they shall judge it expedient. 

Sec. 13th. And be it farther enacted. That the specie 
of which the capital of said Bank shall consist, shall not 
be drawn or taken from the vaults of any Bank which now 
is, or which may be incorporated Avithin this Common- 
wealth. 

Sec. 14tii. And he it further enacted. That one eighth 
part of the whole funds of said Bank, shall always be ap- 
propriated to loans to be made to citizens of this Com- 
monwealth not resident in the town of Boston, and wherein 
the Directors shall wholly and exclusively regard the 
agricultural interest, which loans shall be made in sums 
of not less than one hundred dollars nor more than five 
hundred dollars, and upon the personal bond of the 
borrower with collateral security by a mortgage of real 
estate to the satisfaction of the Directors of said Bank, for 
a term not less than one year ; and on condition of paying 
the interest annually on such loans, subject to such for-" 
feiture and right of redemption as is by law provided in 
other cases. 

Sec. 15tii. And he it further enacted. That the Treas- 
urer of the Commonwealth for the time being, shall ex 
officio be a Director of the said Bank, in addition to the 
Directors by law to be chosen by the stockholders. And 
that the Legislature shall have a right from time to time 
to appoint a number of Directors of the said Bank in })ro- 
portion as the sums paid or deposited from the Treasury 
of the Commonwealth shall bear to the whole amount of 
the stock actual]}' paid into the said Bank, if at any time 
hereafter they shall judge fit to exercise that right. 

Approved March 4, 1803. 



Acts, 1802. — Chapter 105. 219 

1803. — Chapter 105. 

[January Session, ch. 67.] 
AN ACT ESTABLISHING THE CHESTER TURNPIKE CORPORATION. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the same, that David Mack, William Sizer Persons incor. 
& Charles Plumb, and all such persons as shall be associ- ^°""^ ' 
ated with them and their successors be and they hereby 
are constituted a Corporation by the Name of The Chester corporate 
Massachusetts Turnpike Corporation for the purpose of °"™^' 
laying out & making a Turnpike road from the forks of 
the road in Partridgefield west Parish a few rods West 
of the New Meeting House there, leading to Middlefield 
Meeting House, thence to Chester Meeting House & 
thence to Parley Cooks in said Chester near the West 
branch of Westfield river, and for keeping the same in 
repair in such place or places as are laid down in a plan 
of the said proposed turnpike road, which road shall not 
be less than four rods wide, and the path to be travelled 
on not less than twenty two feet in width in any place 
where it is practicable, and well guarded with railings in 
dangerous places, and when the said Turnpike road shall 
be sufficiently made, and shall be so allowed and approved 
by a Committee to be appointed by the Justices of the 
Court of Common Pleas for the County of Hampshire, 
then the said Corporation shall be authorised to erect one 
turnpike Gate on the same in such place as shall be neces- 
sary & convenient, and shall be intitled to receive from 
each traveller & passenger at said gate the following rates 
of toll, to wit — for every Coach, Phivton, Chariot or other tou esuu 
four wheel carriage drawn by two horses, twenty live 
cents, and if drawn by more than two horses an additional 
sum of three cents, for each horse ; for every Cart, Wag- 
gon, Sled or Sleigh drawn by two horses, ten Cents, and if 
drawn by more than two an additional sum of, three cents, 
for every such Ox or horse, for every Curricle, Fifteen 
Cents ; for every Chaise, Chair or other Carriage or Cart 
drawn by one horse twelve Cents & five milles ; for every 
man & horse, five Cents, for all Oxen, horses & neat 
Cattle led or driven besides those in teams & Carriages, 
One Cent, each ; for all sheep and swine three Cents by 
the dozen & in that proportion for any number : Pro- 



lished. 



220 



Acts, 1802. — Chapter 105. 



toll allowed. 



Corporation 
may purchase 
or take land, 
but to be liable 
for damages. 



Exemptions videcl that nothing in this act shall extend to entitle 
the said Corporation to demand & receive toll of any 
person who shall be passing with his horse ; team, or 
Carriage to or from Public Worship, or with his horse, 
team or Cattle to or from his common labour, on his 
farm, or to or from any Grist Mill, or on the common 
or ordinary business of Family concerns within the same 
town, or from any person or persons passing on Military 

Commutation of dutv, or to or froui anv funeral. Provided also, that the 
said Corporation may if they see fit commute the rate of 
toll with any of the Inhabitants of any town through 
which the said road passes by taking of him or them any 
certain sum annually, to be mutually agreed on in lieu of 
the toll established in & by this Act. 

Sec. 2. And he it further enacted that the said Cor- 
poration may purchase and hold any land over which they 
may make the said road, and the Justices of the Court of 
General Sessions of the Peace in the County where the 
land lies, are hereby authorised, on application from the 
said Corporation to lay out such road or any part thereof, 
within their respective Jurisdictions as with the consent 
of the said Corporation they may deem proper, and the 
said Corporation shall be holden to pay all damages which 
shall arise to any person by taking his land for such road, 
where it cannot be obtained by voluntary agreement to 
be estimated by a Committee to be appointed by the said 
Court, saving to either party the right of trial by Jury 
according to the Law which makes provision for the re- 
covery of damages happening by the laying out public 
high- ways. 

Sec. 3. And he it further enacted, that if the said Cor- 
poration, their toll gatherers or others in their employ shall 
unreasonably delay or hinder any traveller or passenger 
at the said gate, or shall demand or receive more toll than 
is by this Act established the Corporation shall forfeit & 
pay a sum not exceeding ten dollars nor less than one dol- 
lar to be recovered before anj Justice of the Peace of the 
County wherein the offence shall be committed, by any 
person hindered, delayed or defrauded in a Special action 
on the Case, the Writ in which shall be served on the 
Corporation by leaving a Copy of the same with the 
Treasurer or with some member of the Corporation living 
in the County wherein the Action may be brought, at 
least seven days before the day of trial, & the Treasurer 



Penalty for de 
laying trav- 
ellers. 



Acts, 1802. — Chapter 105. 221 

or such member shall be allowed to defend the same suit 
in behalf of the Corporation : and the Corporation shall 
be liable to pay all damages which shall happen to any 
person from whom toll is by this Act demandable for any 
damages which arise from defect of bridges, or Avant of 
repairs with in the same way, and shall also be liable to a 
fine on presentment of the Grand Jury for not keeping the 
same way, or the bridges thereon in good repair. 

Sec. 4, And be it further enacted, that if any person Penalty for in- 
shall cut, break down or destroy, the said Turnpike Gate, ©"Vaes'ing^'*'^ 
or shall forcibly pass, or attempt by force to pass the same, ^^ ^°^'^^' 
without having first paid the legal toll at said Gate, such 
person shall forfeit and pay a fine not exceeding fifty dol- 
lars, nor less than two dollars, to be recovered by the 
Treasurer of the said Corporation, to their Use, in an 
Action of Trespass. And if any person shall, with his 
Cattle, team, carriage or horse, turn out of the said road, 
to pass the said Turnpike gate, on ground adjacent thereto, 
and again enter on said road, with intent to avoid the toll 
due by virtue of this Act, such person shall forfeit and 
pay One Dollar, to be recovered by the Treasurer of the 
said Corporation to the use thereof, in an Action of debt 
or on the Case. 

Sec. 5. And he it further enacted, that the shares in shares to be 
the same turnpike road, shall be taken, deemed, and con- son^^est^te. 
sidered to be personal estate, to all intents & purposes, 
and shall and may be transferable, and the mode of trans- Modeoftrans- 
fering said shares, shall be by deed acknowledged before ^^l^t^ ""'"'''■ 
any Justice of the Peace, and recorded by the Clerk of 
the said Corporation in a book kept for that purpose ; 
and when any of said Shares shall be attached on mesne 
process, an Attested Copy of such process, shall at the 
time of the attachment, be left with the Clerk of the said 
Corporation, otherwise such attachment shall be void. 
And such shares may be sold on execution, in the same 
manner as is or may by law be provided for the sale of 
personal property by execution ; the Oflicer making Sale, 
or the Judgment Creditor leaving a Copy of the Execu- 
tion and of the Officers return on the same, with the 
Clerk of the said Corporation, within ten days after such 
sale, and paying for the recording of the Same. 

Sec. 6. And be it further enacted, that a meeting of First meeting. 
the said Corporation shall be held at the house of Daniel 
Blush, Innholder in Middlefield aforesaid, on the Second 



222 



Acts, 1802. — Chapter 105. 



An account of 
cost of road and 
annual returns 
to be exhibited. 



Sharps of de- 
linquent pro- 
prietors to 
be sold. 



Sign-board to 
be erected. 



Monday of April for the purpose of choosing a Clerk & 
such other Officers, as may then & there be agreed upon 
by the said Corporation, for regulating the concerns 
thereof, and that the said Corporation may then & there 
agree upon such method, of calling meetings in future, as 
they may judge proper. 

Sec. 7. And be it further enacted, thsit the said Cor- 
poration shall, within six months after the said road is 
completed, lodge in the Secretary's Office an Account of 
the Expences thereof; and that the said Corporation shall 
annually exhibit to the Governour & Council a true ac- 
count of the income or dividend arising from the said toll, 
with their necessary annual disbursements on said road, 
and that the books of the said Corporation shall at all times 
be subject to the inspection of a Committee to be ap- 
pointed by the General Court or to the inspection of the 
Governour & Council when called for. 

Sec. 8. A^id be it further enacted, that when-ever any 
proprietor shall neglect or refuse to pay any tax or as- 
sessment, duly voted & agreed upon hy the Corporation, 
to their Treasurer, within sixty days after the time set for 
the payment thereof, the Treasurer of said Corporation is 
hereby Authorised to sell, at public vendue, the share or 
shares of such delinquent proprietor, one or more, as shall 
be Sufficient to defray said taxes and necessary incidental 
Charges, after duly notifying in the Newspaper printed at 
Northampton the sum due on any such shares, and the 
time & place of Sale, at least twenty days previous to the 
time of sale ; and such sale, shall be a sufficient transfer of 
the share or shares, so sold to the person purchasing ; and 
on producing a Certificate of such Sale from the Treasurer, 
to the Clerk of said Corporation, the name of Such pur- 
chaser, with the number of shares so sold, shall be by the 
clerk entered on the books of the said Corporation, and 
such person shall be considered to all intents & purposes 
the proprietor thereof; and the overplus, if any there be, 
shall be paid on demand, by the Treasurer, to the person 
whose shares were thus sold. 

Sec. 9. And be it further enacted that the said Cor- 
poration shall at the place where the said toll shall be 
collected, erect & keep constantly exposed to view, a sign 
or board with the rates of toll of all the tollable articles 
fairly and legibly written thereon, in large or Capital 
Characters. 



Acts, 1802. — Chapter 105. 223 

Sec. 10. And be it further enacted, that the General ^^^•=Ke.''"°° 
Court may dissolve said Con)oration whenever it shall soivedwhen 
appear to their satisfaction that the income arising irom wuh interest. 
the said toll, shall have fully compensated the said Cor- 
poration for all monies they may have expended in pur- 
chasing, repairing & taking care of the said road, together 
with an interest thereon at the rate of twelve per centum 
by the year, & thereupon the property of said road shall 
be vested in this Commonwealth, and be at their disposal. 
Provided that if the said Corporation shall neglect to 
Complete the said turnpike road for the space of three 
years from the passing this Act, the same shall become 
void, & of no e fleet. 

Sec. 11. And Whereas the directors of the Third ^X[°°°Vi°;,' 
Massachusetts Turnpike Corporation have certified their mubb. Turnpike 

-,. . . p 1, •T->i'i d ^ -y Corporalion. 

consent to a division of toll at the gate in rartridgeheld 
(on the condition mentioned in their Certificate) with the 
Corporation hereby established : 

Be it therefore enacted in pursuance of such consent that 
for the term of three years from and after the day on 
which the Said Chester Massachusetts Turnpike Corpora- 
tion shall be authorised to set up their gate, & until a 
new arrangement shall be made, the toll collected at the 
gate near the meeting house in said Partridgefield shall 
be divided in manner following, to wit, two third parts 
thereof shall be retained to the use of the Third Massa- 
chusetts Turnpike Corporation ; & the other third part 
thereof shall by their Directors be paid over to the 
Treasurer of the said Chester Turnpike Corporation, for 
their Use, after a deduction shall have been made from 
the whole toll collected at said gate, of the expence of 
the toll gate, fence & toll gatherers & of the expence of 
keeping the said Turnpike road, & bridges thereon, in 
good repair, from the forks of the road near said Meeting 
house in Partridgefield to the eastwardly line of the town 
of Pittsfield — & if at the end of the said three years, incaseofdis- 
either of the said Corporations shall be dissatisfied with with t^he'dwi- 
the foregoing mode of division of toll & of expences, & onheVe'l-m^'"^ 
cannot agree on any other, then it shall be lawful for the stated. 
Justices of the Supreme Judicial Court, at any Term 
thereof, on a petition of the major part of the Directors 
of either of the said Corporations, due notice of making 
such petition having been given to any Director of the 
other Corporation, thirty days at least before the first day 



224 



Acts, 1802. — Chapter 106. 



of the term of holding such Court, to appoint a Commit- 
tee of three disinterested & discreet men, unless the par- 
ties can agree to name & appoint them, who are hereby 
authorised to determine on a Mode of such division of toll 
J^f,"^ ''["'fi'V *'^ & expence, & the determination of the Maior part of such 

toll to hold for ^ . ' . , ,. . . i 1 1 i i • 

five years. Committee respectmg such division, shall be made in 
writing & delivered to each of the Parties, and shall be 
binding for the term of five years & until another appoint- 
ment shall be made in manner as is before provided, and 
so from time to time at the end or within three months of 
the end of every five years when either party may request 
it, and the Costs & charges of such appointment & deter- 
mination shall be paid in Moieties by the said Corpora- 
tions — Provided however, that as the mode of division 
for the first three Years has been agreed on from uncer- 
tain Data, and as it is the intention of those concerned in 
said Corporations, to have such division made from lime 
to time, as will enable the said Chester Massachusetts 
Turnpike Corporation to receive their proportion of toll 
at the said Gate in Partridgefield, in proportion to the 
sum collected of those travellers & passengers, who shall 
have passed over the Turnpike road to be made in virtue 
of this Act, it shall be the duty of such Committee in 
making their determination to govern themselves by such 
proportion, as far as the same can it be ascertained. 

Approved March 5, 1803. 



rersons incor- 
porated. 



Corporate 
name. 



1802. — Chapter 106. 

[January SeBsion, ch. 68.] 

AN ACT TO INCORPORATE WILLIAM PHILLIPS JUNR. AND 
OTHERS INTO A COMPANY, BY THE NAME OF THE NEW 
ENGLAND MARINE INSURANCE COMPANY. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the said William Phillips 
Junior and others, and all such persons as have already 
or shall become stockholders in said Company, being citi- 
zens of the United States be, and they hereby are incor- 
porated into a Company and body politic by the name 
of The New England Marine Insurance Company, for and 
during the term of twenty years after the passing of this 
Act, and by that name may sue or be sued, plead or be 
impleaded, appear, prosecute and defend to final judgment 



Acts, 1802. — Chapter 106. 225 

and execution, and have a common seal which they may 
alter at pleasure ; and may purchase, hold and convey 
any estate real or personal for the use of said Company, 
subject to the restrictions herein after mentioned. 

Sec. 2d. And be it further enacted, That a share in vaiues:Dum. 
the capital stock of said Company shall be one hundred 
dollars, and the number of shares shall be three thousand ; 
and if the said number of shares are not already tilled, 
subscriptions shall be kept open under the inspection of 
the President and Directors of the said Company until the 
same shall be filled, and the whole capital stock, estate or 
property which the said Company shall be authorized to 
hold, shall never exceed three hundred thousand dollars 
exclusive of premium notes, or profits arising from their 
business ; of which capital stock or property, not more 
than thirty thousand dollars shall be invested in real estate. 

Sec. 3d. And he it further enacted. That the stock, 12 Directors to 
property afiiairs and concerns of the said Company shall 
be managed and conducted by twelve Directors, one of 
w^hom shall be the President thereof, who shall hold their 
offices for one year, and untill others shall be chosen, and 
no longer ; which Directors shall at the time of their elec- 
tion be stockholders, and citizens of this Commonwealth, 
and shall be elected on the first Monday in January, in 
each and every year, at such times of the day, and at such 
place in the town of Boston, as a majority of the Directors 
for the time being, shall appoint ; of which election pub- 
lic notice shall be given in at least two of the News papers 
printed in the town of Boston, and continued for the space 
of ten days immediately preceding such election ; and such 
election shall be holden under the inspection of three 
stockholders not being Directors, to be appointed previous 
to every election, by the Directors, & shall be made by 
ballot by a majority of votes of the stockholders present, 
allowing one vote to each share in the capital stock; pro- Each share en- 
vided no stockholder shall be allowed more than thirty with a provieo.* 
votes ; and the stockholders not present may vote by 
proxy, under such regulations as the Company shall pre- 
scribe : And if in case of any unavoidable accident the 
said Directors shall not be chosen on the first Monday of 
January as aforesaid, it shall be lawful to choose them on 
another day, in manner herein prescribed. 

Sec. 4x11. And be it further enacted. That the Direc- Apresidentto 
tors, so chosen, shall meet as soon as may be after every 



226 Acts, 1802. — Chapter 106. 

election, and shall choose out of their body one person to 
be President, who shall preside untill his Successor 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 the President or any Director, 
such vacancy or vacancies shall be filled for the remainder 
of the year in which they shall happen, by a special elec- 
tion for that purpose, to be held in the same manner as is 
herein before directed respecting annual elections for 
Directors and President. 

mrectowand Sec. 5th. And be it fuvther enacted, That the Presi- 

their powers. ^^Q^l q^^^ glx of the Dircctors, or seven of them in his ab- 
sence, shall be a Board competent to the transacting of 
business, and all questions before them shall be decided 
by a majority of votes, and they shall have power to make 
and prescribe such bye laws rules and regulations, as to 
them shall appear needfid and proper touching the man- 
agement 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 Direc- 
tors, and all such matters as appertain to the business of 
insurance, and shall also have power to appoint a Secre- 
tary, and so many clerks and servants for the carrying on 
of said business, and with such salaries and allowances to 
them and to the President, as to the said Board shall seem 
meet : provided that such bye laws, rules and regulations 
shall not be repugnant to the laws of this Commonwealth. 

of dfreS.'"^* Sec. 6th. And he it further enacted, That there shall 
be stated meetings of the Directors, at least once in every 
month, and as often within each month, as the President 
and Board of Directors shall deem proper ; and the Presi- 
dent, and a Committee of three of the Directors to be by 
him appointed in rotation, shall assemble daily, if need 

defined!* bc, for the dispatch of business. And the said Board of 

Directors, and the Committee aforesaid, at and during the 
pleasure of the Board, shall have power and authority on 
behalf of the Company to make insurances upon vessels, 
freights, money goods and effects, and against the captivity 
of persons, and on the life of any person during his ab- 
sence by sea, and in cases of money lent upon bottomry 
and respondentia, and to fix the premiums and terms of 
payment ; and all policies of insurance by them made, 
shall be subscribed by the President, and in case of his 



Acts, 1802. — Chapter 106. 227 

death, sickness, inability or absence by any two of the 
Directors and countersigned by the Secretary, and shall 
be binding and obligatory upon the said Company and 
have the like effect and force, as if made under the seal of 
said Company, and the assured may thereupon maintain 
an action of the case against the said Company ; and all 
losses duly arising under any policy so subscribed may 
be adjusted and settled by the President and Board of 
Directors, and the same shall be binding on the Company. 

Sec. 7th. And be it further enacted, That it shall be semiannual 
the duty of the Directors, on the second Monday of June brmadef 
and December in every year, to make dividends of so 
much of the interest arising from their capital stock, and 
the profits of said Company, as to them shall appear ad- 
viseable ; but the monies received, and the notes taken 
for premiums on risks, which shall be undetermined and 
outstanding at the time of making such dividends, shall 
not be considered as part of the profits of the Company : 
And in case of any loss or losses, whereby the capital affectlngtbe*^^^ 
stock of the Company shall be lessened, each proprietor capital stock. 
or stockholder's estate shall be held accountable for the 
deficiency that shall be due on his share or shares at the 
time of said loss or losses taking place, to be paid unto 
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, untill a sum 
equal to such diminution shall have been added to the 
capital ; and that once in every three years and oftener if 
required by a majority of the votes of the stockholders, 
the Directors shall lay before the stockholders, at a gen- 
eral meeting an exact and particular statement of the 
profits, if any there be, after deducting losses and divi- 
dends. 

Sec. 8th. And be it further enacted, That the said company not 

, . . .to engage in 

Company shall not directly nor indirectly deal or trade in trade and 

• c&Dittil to be 

buying or selling any goods, wares, merchandize or com- invested in 
modities whatever ; and the capital stock of said Com- orloank slock. 
pany after being collected at each instalment, shall within 
six months be invested either in the funded debt of the 
United States or of this Commonwealth, or in the stock 
of the United States Bank, or of any incorporated Bank 
of this Commonwealth, at the discreetion of the President 
and Directors of said Company, or of other Officers which 
the stock holders shall for such purpose appoint. 



228 



Acts, 1802. — Chapter 106. 



Payment of 
instalments 
on shares. 



Directors of 
other compa- 
nies not eligible, 



Shares, &c. may 
be attached. 



Process of an 
execution, &c. 
when shares 
are attached. 



In case of losses 
affecting the 
capital stock. 



Sec. 9th. And be it further enacted^ That fifty dol- 
lars on each share in said Company shall be paid within 
twenty days after the first meeting of said Company ; and 
the remaining sum due on each share, within one year 
afterwards, at such equal instalments, and under such 
penalties as the said Company shall direct ; and no trans- 
fer of any share in said Company shall be permitted or be 
valid, untill all the instalments on such share shall have 
been paid. 

Sec. 10th. And be it farther enacted. That no per- 
son being a Director of any other Company carrying on 
the business of marine insurance shall be eligible as a 
Director of the Company by this Act established. 

Sec. 11th. And be it further enacted, That the prop- 
erty 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 bona fide creditor in manner following viz. 
Whenever a proper Officer having a writ of attachment or 
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, ascer- 
taining the number of shares the said member holds in 
said Company ; and the amount of the dividend or divi- 
dends 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 execution 
shall be left with the said Secretary, and such share or 
shares may be sold on execution after the same notifica- 
tion 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 Officer making such sale, within ten days 
thereafter, to leave an attested copy of the execution 
with his return thereon, with the Secretary of the Com- 
pany, 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 
the taking in execution as aforesaid, or when there shall 
have been a previous attachment, after such attachment, 
notwithstanding any intervening transfer. 

Sec. 12th. And be it further enacted, That in case of 
any loss or losses taking place, that shall be equal to the 



Acts, 1802. — Chapter 107. 229 

amount of the capital stock of said Company, and the 
President and Directors after knowing of such loss or 
losses taking place, shall subscribe to any policy of in- 
surance, their estates jointly and severally shall be ac- 
countable for the amount of any and every loss which 
shall take place under policies thus subscribed. 

Sec. loTH. And be it further enacted. That the Presi- Amount of 
dent and Directors of said Company shall, previous to an°nuaiiy%ln)- " 
their subscribing to any policy, and once in every year ''^''®'^" 
after, publish in two of the News papers 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. 

Sec. 14Tn. And he it further enacted. That the Presi- statement of 
dent and Directors of said Comjvany shall, when and as faid'before^the 
often as required by the Legislature of this Common- i^s'*'*'"'"'^- 
wealth, lay before them a statement of the afiairs of said 
Company, and submit to an examination under oath, con- 
cerning the same. 

Sec. 15th. And he it further enacted, That William First meeting. 
Phillips Junr., Aaron Dexter and Daniel Dennison Rogers 
Esquires, or any two of them, are hereby authorized to 
call a meeting of the members of said Company as soon 
as may be in Boston, by advertising the same for three 
weeks sucessively in two of the News papers printed in 
said town, for the purpose of electing their first Board 
of Directors, who shall continue in Office untill the first 
Monday in January, one thousand eight hundred and 
four, and untill others are chosen in their stead. 

Approved March 5, 1803. 

1803. — Chapter 107. 

[January Seasion, oh. 69.] 

AN ACT TO INCORPORATE A RELIGIOUS SOCIETY BY THE NAME 
OF THE FIRST PARISH IN THE TOWN OF CHARLESTOWN. 

Sec. 1st. Be it enacted by the Senate aiid House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the proprietors of the a[)pro- Persons incor- 
priated pews in the meeting House in Charlestown, situate ^'^'"^^^ ' 
on the Westerly side of the Main street, in said town, and 
all those who shall become proprietors of pews in said 
House, and such of the inhabitants of the said Town as 
do now usually attend the public worship of God, and the 



230 



Acts, 1802. — Chapter 107. 



Corporate 
name. 



Method of 
joiniug the 
corporation. 



Method of 
leaving the 
corporation. 



In case of the 
right of a per- 
son to be a 
member being 
disputed. 



instructions of Dr. Jedidiah Morse, their minister, in said 
house, be, and they liereby are made and declared to be 
a body corporate and politic by the name of The First 
Parish in the Town of Charlestown, subject to all the 
duties, and with all the powers, privileges, and immuni- 
ties, to which parishes are by law entitled : And the said 
corporation shall be deemed and taken to be successor to the 
parish which, before the passing of this act, was called the 
first parish in said town, in all its rights, and subject to all 
the contracts and engagements into which, it has entered. 
Sec. 2. Be it further enacted^ That any inhabitant 
of said Town, who will not, in virtue of the first section 
of this act, become a member of the corporation created 
by this act, and who wishes and consents to become a 
member of said corporation, and shall give in a certificate 
thereof to the clerk of said corporation, and shall unite 
in public worship with the members of said corporation, 
for the term of one year, from the time of his or her giv- 
ing in his or her certificate as aforesaid, shall, at the 
expiration of said term, become and be considered a 
member of said Corporation. 

Sec. 3d. Be it further enacted^ That when any mem- 
ber of said corporation shall be disposed to leave the same 
and unite in public worship with any other religious so- 
ciety, and shall give in a certificate thereof to the clerk 
of said corporation, together with a certificate signed by 
the minister of the parish, or religious society with which 
he or she may unite, that he or she has become a member 
of, and united in religious worship with such other parish 
or religious society, and shall pay, his or her proportion of 
all monies granted by said corporation previously thereto, 
such person, from and after the giving in of such certificates, 
shall not be considered a member of said Corporation. 

Sec. 4th. Be it further enacted. That in case any 
person shall claim to be a member of said corporation in 
virtue of his having been an usual attendant on the publick 
worship of God, in the meeting house aforesaid, at the 
time of the passing of this act, or in virtue of his having 
given in a certificate of his desire to become a member 
of said corporation, as aforesaid, and united with the 
members of said corporation in public worship in the 
house aforesaid for the term of one year after the giving 
in of such certificate, and the fact, that such person was 
an usual attendant on public worship in said house at 



Acts, 1802. — Chapter 108. 231 

the time of the passing of this act, or that he or she 
has united with the members of said corporation in pub- 
lic worship for the term of one year from the time of his 
or her giving in his or her certificate, as aforesaid, shall 
be disputed by any ten members of said corporation, the 
holders of the appropriated pews in said house, who may 
be present at any legal meeting of said corporation, are 
hereby authorized and empowered to hear and determine 
whether or not such person is a member of said corpora- 
tion according to the true intent and meaning of this Act : 
And in determining such question two votes, and no 
more, may be given in right of each pew. 

Sec. 5th. Be it further enacted. That whenever said Assessment of 

1 11 f taxes. 

corporation shall vote and grant any sum of Money for 
the defreying of necessary parochial charges, no uninten- 
tional error, in assessing the same, by the enumeration of 
persons not members of said corporation, or the omission 
of those who are, shall vitiate or annul such assessment 
with respect to those who shall be otherwise duly assessed. 

Sec. 6th. Be it further enacted, That the said corpo- Pan of the 
ration shall forever hereafter, be holden to reserve as ""be'l-'IserTed^. 
much of said Meeting-house as now is unappropriated, 
for the accomodation of the inhabitants of said town who 
may, from time to time, wish to unite with the members 
of said corporation in public worship in said House. 

Sec. 7th. Be it fur thtr enacted. That the first meet- First meeting. 
ing of the said corporation may be convened by virtue of 
the warrant of any Justice of the Peace in said County, 
directed to any principal member of said corporation, and 
appointing a suitable time when said meeting shall be 
holden at said Meeting-house: — And the same meeting 
shall be notified by posting an attested copy of the said 
warrant at one of the doors of said house, seven days, at 
least, previously to the time appointed in said warrant for 
the holding of said meeting. Approved March 5, 1803. 

1803. — Chapter 108. 

[January Session, ch. 70.] 

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF GOR- 
HAM BY THE NAME OF GORHAM ACADEMY, AND TO CRE- 
ATE A CORPORATION OF TRUSTEES FOR THE SAME. 

Whereas th.e encouragement of literature in the rising preamble. 
Generation, has ever been considered by the loise and good 



232 



Acts, 1802. — Chapter 108. 



Academy estab- 
lished, and its 
purposes. 



Trustees ap- 
pointed. 



Corporate 
name. 



Trustees may 
have a seal, 



Empowered to 
appoint oflicers 
of the academy 



as the basts upon which the seifety, and happiness of a free 
people ultimately depend; and lohereas Stephen Longfel- 
low Esq. and others, have petitioned this Court for the 
establishment of an Academy in Gorham, in the County 
of Cumberland, for that purpose. 

Sec. 1st. Be it enacted by the Senate arid House of 
liepresentatives in General Court assembled, and by the 
authority of the same, that there be, and hereby is estab- 
lished in the Town of Gorham in the County of Cumber- 
land, an Academy by the Name of Gorham Academy, for 
the purpose of promoting Piety & Virtue, and for the 
Education of Youth, in such Languages, and in such of 
the liberal Arts and Sciences, as the Trustees herein after 
provided, shall order, and direct. 

Sec. 2d. And be it further Enacted by the Authority 
aforesaid, that the Revd. Thomas Lancaster, the Honor- 
able William Gorham Esq. Hon'ble Stephen Longfel- 
low, Revd. Elijah Kellogg, Revd. Daniel Merrit, Revd. 
Caleb Bradley, Capt. David Harding jun., John P. Little 
Esqr., Mr. Mathew Cobb, Hon'ble Woodbury Storer, 
Doctor Dudley Folsom, Mr. William McLellao, Mr. 
James Phinney, Mr. Samuel Elder, and Capt. Samuel 
Whitmore, be, and they are hereby nominated, and ap- 
pointed Trustees of the said Academy, and they are 
hereby incorporated into a body politic, by the name of 
the Trustees of Gorham Academy in the County of Cum- 
berland, and they, and their Successors shall be, and con- 
tinue a body politic and corporate by the same name 
forever. 

Sec. 3. And be it further enacted by the authority 
aforesaid, that the said Trustees, and their Successors 
shall have one common Seal, which they may break, 
change, and renew from time to time, as they shall see 
tit, 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 of the trustees 
of Gorham Academy, in the County of Cumberland, and 
may appoint an Agent, or agents, to prosecute or defend 
such suits. 

Sec. 4. And be it further Enacted by the authority 
aforesaid, that the said Thomas Lancaster, and others, 
the Trustees aforesaid, and their successors be, and they 
are hereby made the visitors, trustees, and Governors of 
the said Academy, in perpetual succession forever, to be 



Acts, 1802. — Chapter 108. 233 

continued in the way, and manner hereafter specified, 
with full power and authority to elect such officers of the 
said Academy, as they shall judge necessary and conven- 
ient, and to make, and ordain such Laws, Orders, and 
Kules, not repugnant to the laws of this Commonwealth 
for the good Government of said Academy, as to them 
shall seem fit and requisite. 

Sec. 5. And be it further enacted by the autliority 
aforesaid, that the number of the Trustees aforesaid, shall JJu^eeY."^ 
not at any one time be more than fifteen, nor less than 
nine. Five of whom, at least shall be necessary to consti- 
tute a quorum, for transacting business. 

Sec. 6. And be it further enacted by the authority 
aforesaid, that as often as one or more of the trustees in case of dei.th 
aforesaid, shall die, or resign, or in the Judgment of the ofuusfee^^""' 
major part of the trustees, shall be rendered incapable by 
age, or otherwise, of discharging the Duties of his Office, 
the trustees then surviving, shall elect one or more per- 
sons to fill up the vacancy, or va[n]cancies. 

Sec. 7. And be it further enacted by the authority 
aforesaid, that the Trustees aforesaid, and their succes- Trustees em- 
sors be, and they hereby are rendered capable in law, to re°aTeItnte! wuh 
take, and hold by Gift, Grant, Devise, Bequest, or other- ''p^"^'*"- 
Avise, any Lands, Tenements, or other estate, real or per- 
sonal ; which have heretofore been given, or subscribed, 
or which may hereafter be given, or subscribed for the 
purpose aforesaid : Provided, that the annual income of 
the said real estate shall not exceed the Sum of two 
thousand dollars, and the annual income of the said per- 
sonal Estate, shall not exceed the Sum of five thousand 
dollars : — And all deeds, and instruments, which the said 
Trustees may lawfully make, shall be sealed with their 
Seal, and shall bind the Trustees, and their Successors, 
and be valid in Law. 

Sec. 8th. And be it further Enacted, that William First meiting. 
Gorham Esqr. be, and hereby is authorized, and empow- 
ered to appoint the time and place for holding the first 
meeting of said Trustees, and notify them thereof. 

Approved March 5, 1S03. 



234 



Acts, 1802. — Chapter 109. 



BouDcliiriee. 



Manner of call- 
ing proprietors' 
meetings. 



Clerk, collec- 
tors, &c. to be 
chosen. 



1803. — Chapter 109. 

[January Session, ch. 71.] 

AN ACT TO INCORPORATE CERTAIN PROPRIETORS OF SALT 
MARSH LYING IN SALISBURY IN THE COUNTY OF ESSEX, TO 
MAKE AND MAINTAIN A DIKE, AND DRAINS, FOR THE BETTER 
IMPROVING THE SAME. 

Sect. 1st. Be it enacted by the Senate and House of 
Representati[y^es in General Court assembled, and by the 
authority of the same, That from and after the passing of 
this act, all the Proprietors of a tract of Salt Marsh sit- 
uate in Salisbury aforesaid, and contained within the fol- 
lowing bounds, vizt. begining at the Great Neck so called, 
adjoining on Land of Nicholas French, thence running on 
a line No[?']therly across said Marsh to land of Samuel 
Eaton, compriseing all the Marsh lying westerly of said 
line. Be, and they are hereby incorporated into a Body 
Politic, by the name of the Proprietors of the Great 
Meadows in Salisbury, and by that name may sue & be 
sued, and do and suifer all matters Acts or things which 
bodies Politic may or ought to do & suffer. 

Sect. 2d. And be it further enacted. That the man- 
ner of calling the meetings of the said Proprietors, shall 
be by an application in writing from five or more of said 
Proprietors to any Justice of the peace in the County of 
Essex, who is hereby impowered & directed to issue his 
Warrant to one of the said Proprietors, to meet at such 
time and place as he shall think most convenient & for 
the purposes to be expressed in said Warrant, by posting 
up copies of said Warrant with the notification thereon, 
at the Houses of Public Worship in said Salisbury & at 
the House of Public worship in the East Parish in Ames- 
bury, ten days at least before the time for holding the said 
meetings, and the said proprietors when legally assembled, 
as aforesaid, shall have power to chuse a Clerk, Commit- 
tees, assessors, collector, or collectors of taxes, and Treas- 
urer, who shall be sworn to the faithful discharge of the 
trust reposed in them, and continue to serve until others 
are chosen & sworn in their places, which may be annually 
or as often as occasion may require, which Officers so 
chosen and sworn as aforesaid shall have the same power, 
to perform, execute, and carry any vote or orders of said 
Corporation into as full efiect as town Officers of like de- 
scription have by Law to do and perform — and the said 



Acts, 1802. — Chapter 109. 235 

Corporation, shall have power to erect and make a Dike ^"'■P^eri^d to 
of sufficient height and width from land of Nicholas French, make a dike 
to land of Samuel Eaton aforesaid, also to make Drains ' 
sufficient to draw off the Stagnant waters from the Marsh 
lying westerly of the line mentioned in the first section 
of this Act, And at any meeting legally called for the pur- 
pose to vote and raise monies to defray the necessary ex- 
pence of such Dike and making said Drain, & keeping the 
same in repair, and to pay all other expences which shall 
be found necessary for the better management thereof, 
and for carrying the Votes and orders of said Corporation 
into efiect — And all monies raised as aforesaid, shall be 
assessed upon each proprietor in the Marsh aforesaid, in 
proportion to the number of Acres, or the value thereof, 
he or she owns, except the Marsh laid out as Parsonage 
for the use of the ministry of the East & west Parishes in 
said Salisbury. And if any Proprietor shall refuse or in case of a pro- 

■,..,, J 1 • prietor neglect- 

neglect, to pay the sum or sums assessed, upon nim or ing or refusing 
her as aforesaid, after Sixty days notice, so much of his ass^sBment. 
or her Marsh, shall be sold, as will be sufficient to pay the 
same with Costs, notice of such Sale to be published in 
some Newspaper, printed in Newburyport, and by posting 
up advertisements thereof at the Houses of Public Worship 
aforesaid, three weeks prior to said Sale, with the names 
of the Proprietors, the amount of the taxes assessed on 
their marsh respectively, and also the time and place of 
sale — And if no person shall appear, thereupon to dis- 
charge the said taxes, and all necessary interveneing 
charges, then the Collector, shall proceed to sell at Pub- 
lic Auction, to the highest bidder, so much only of said 
marsh, as shall be sufficient to discharge said taxes, and 
the necessaiy intervening charges, and shall give and ex- 
ecute a deed or deeds to the purchaser or purchasers, his 
or their heirs or assigns expressing therein the cause of 
such Sale, — saving to the aforesaid Proprietor or Pro- 
prietors, the right of redemption of any marsh so sold, 
within two years from the time of such Sale, and the same 
shall be reconveyed to him or them, the said Proprietor 
or Proprietors, on paying within two years as aforesaid 
the sum such marsh sold for with interest at the rate of 
ten per Cent per annum on such sum, together with all 
other intervening; charo^es. 

Sect. 3d. And be it further enacted, That the Proprie- a cennin ditch 
tors aforesaid, be and they hereby are, authorised and im- open. 



236 



Acts, 1802. — Chapter 110. 



powered, to keep open and in good repair a Ditcli which 
now runs Easterly from the line drawn from land of 
Nicholas French, to land of Samuel Eaton aforesaid to a 
Creek of sufficient width and depth, to drain off the stag- 
nant waters as aforesaid. Provided nevertheless that the 
owners of the marsh, through which the said Ditch shall 
pass, shall be intitled to damages, for any Injury they 
may sustain by means of keeping the same open. 

Approved March 5, 1803. 



Persons incor- 
porated. 



Corporate 
name. 



Amount of cap- 
ital stock. 



Number of di- 
rectors, and 
manner of 
choice. 



1803. — Chapter 110. 

[January Session, ch. 72.] 

AN ACT TO INCORPORATE WILLIAM GRAY JUNIOR ESQUIRE AND 
OTHERS INTO A COMPANY BY THE NAME OF THE ESSEX FIRE 
& MARINE INSURANCE COMPANY. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that the said William Gray junr., 
and others, and all such persons as have already, or here- 
after shall become Stockholders in the said company, being 
citizens of the United States, be, and they are hereby in- 
corporated into a company, or Body Politic, by the name 
of The Essex Fire & Marine Insurance Company, for and 
during the term of Twenty Years, after the passing of 
this Act; and by that name may sue, or be sued, plead, 
or be impleaded, appear, prosecute, and defend, to final 
judgment & execution, and have a common Seal, which 
they may alter at pleasure; & may purchase, hold, and 
convey any Estate, real or personal, for the use of the 
said Company, subject to the restrictions, herein after 
mentioned. 

Sect. 2d. And be it further enacted, that the Capital 
stock of said Company, exclusive of premium, Notes, or 
profits, arising from said business, shall be Three hun- 
dred thousand Dollars, and shall be divided into Three 
thousand shares, of which Capital Stock not more than 
Thirty thousand Dollars shall be invested in real estate. 

Sect. 3d. And be it further enacted, that the Stock, 
property, affairs, and concerns of the said Company, shall 
be managed and conducted by nine Directors, one of 
whom shall be president thereof, who shall hold their of- 
fices for one year, and until others shall be chosen, and 
no longer; which Directors, shall, at the time of their 



Acts, 1802. — Chapter 110. 237 

election be stockholders, and citizens of this Common- 
wealth, and shall be elected on the first Monday in July 
in each & every year, at such times of the day, & at such 
place in the town of Salem, as a majority of the Directors' 
for the time being shall appoint ; of which election pub- 
lic notice shall be given in one of the News papers printed 
in the town of Salem, and continued for the space of ten 
days, immediately preceeding such election : And such 
election shall be holden under the inspection of three 
Stockholders, not being Directors, to be appointed pre- 
vious to every election, by the Directors, and shall be 
made by ballot, by a majority of votes of the Stock hold- 
ers present, allowing one vote to each share in the Ca[)ital 
stock; Provided that no Stock holder shall be allowed 
more than ten votes ; and the stock holders not present 
may vote by proxy, under such regulations, as the said 
Company shall prescribe : and if through any unavoid- 
able accident, the said Directors should not be chosen on 
the first monday in July as aforesaid, it shall be lawfuU to 
choose them on another day, in manner herein prescribed. 

Sec. 4. A7i.d be it further enacted, that the Directors Directors to 
so chosen shall meet as soon as may be, after every elec- pre^^fem. 
tion, and shall choose out of their body, one person to be 
President, who shall preside for one year, and be sworn 
faithfully to discharge the duties of his oflice : and in case 
of the death, resignation, or inability to serve, of the 
President, or any Director, such vacancy or vacancies 
shall be filled, for the remainder of the year, in which they 
may happen, by a special election for that purpose, to be 
holden in the same manner, as herein before directed, re- 
specting annual elections for Directors & President. 

Sect. 5th. And be it further enacted, that the Presi- Board of dsrec 

• • tors 

dent & four of the Directors (or five of the Directors m 
the absence of the President,) shall be a Board compe- 
tent for the transaction of business, and all questions be- 
fore them shall be decided by a Majority of votes, and 
they shall have power to make & prescribe such bye Byeiaws, &c. 
Laws, rules, and regulations as to them shall ap]iear {fghed^.*''''' 
needful and proper, for the orderly conducting the affairs 
of the said Corporation, and for calling meetings of the 
stockholders, & touching the management, disposition or 
exchange of the Stock, property, estate, & effects of the 
said Company, and the transfer of the shares, and touch- 
ing the duties and conduct of the several Officers, Clerks 



238 



Acts, 1802. — Chapter 110. 



Meetings of di- 
rectors. 



Business de- 
tined. 



Sorai-annual 
dividends to 
be made. 



ing houses, & all 
goods, wares, & 



& Servants employed, and the election of Directors, and 
all such matters as appertain, to the business of Insur- 
ance ; and shall also have power to appoint a Secretary 
and so many Clerks, & servants, for carrying on said 
business, and with such Salaries & allowances to them 
and to the President, as to the said Board shall seem 
meet : Provided that such bye-Laws, rules, and regula- 
tions, shall not be repugnant to the Constitution, or laws 
of this Commonwealth. 

Sect. 6th. And he it farther enacted^ thaii\\eve shaW 
be stated meetings of the Directors, at least once in every 
month, and as often within each month, as the President 
& Board of Directors shall deem proper : and the Presi- 
dent, and a Commitee of two of the Directors, to be by 
him appointed in rotation, shall assemble daily if need 
be, for the dispatch of business: and the said Board of 
Directors, or the Committee aforesaid, at & during the 
pleasure of said Board, shall have power and authority, 
in behalf of the Company, to make Insurance on Dwell- 
other buildings whatsoever, and on all 
merchandize on land, against damage 
arising & happening to the same by fire : and also upon 
Vessels, Freights, goods, & effects, and money, & against 
captivity of persons, and on the life of any person during 
his absence by sea, & in cases of money lent upon Bot- 
tomry, and Respondentia, & 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 & obligatory upon the said Company, 
and have the like effect & force, as if under the seal of 
the said company ; and all losses duly arising under any 
such Policies so subscribed, may be adjusted and settled 
by the President & Board of Directors, and the same 
shall be binding on the Company. 

Sect. 7th. And he it farther enacted^ that it shall be 
the duty of the Directors, on the first Monday of June 
and December in every year, to make dividends, of so 
much of the Interest arising from their Capital Stock, & 
the profits of the said Company, as to them shall appear 
adviseable ; but the monies received & notes taken for 
premiums on risques, which shall be undetermined & out- 
standing, at the time of making such dividends, shall not 



Acts, 1802. — Chapter 110. 239 

be considered as part of the profits of the Company ; and BgecUng cip*-*^^ 
in case of any loss or losses, whereby the Capital Stock itai stock. 
of the Company shall be lessened, each proprietor or 
Stockholders estate, shall be held accountable for the 
Instalments that may be due & unpaid on his share or 
shares, at the time of such loss or losses taking place, to 
be paid into the said Company by assessments, or such 
other mode, and at such time or times as the Directors 
shall order; and no subsequent dividend shall be made, 
until a sum equal to such diminution shall have been 
added to the Capital ; & that once in every three years, 
and oftener if required by a Majority of the Votes of the 
Stockholders the Directors shall lay before the Stock- 
holders at a general meeting, an exact & particular state- 
ment of the profits, if any there be, after deducting losses 
& dividends. 

Sect. 8th. And be it further enacted, that the said corapanynotto 

•^ . ' trade, &c. 

Company 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 
be invested either in the funded debt of the United States, 
or of this Commonwealth, or in the Stock of the United 
States bank, or of some incorporated Bank in this Com- 
monwealth, at the discretion of the President and Di- 
rectors of the said Company. 

Sect. 9th. And he it further enacted, that fifty Dol- Payment of in- 

, , . , i^ ' "^ . stalraents on 

lars on each share in said Company, shall be paid within Bhares. 
twenty days after the first meeting of said Company, & 
the remaining sum, within one year after said first meet- 
ing, at such equal instalments, and under such penalties, 
as the said Company shall direct ; and no transfer of any 
share in said Company shall be permited, or be valid until 
all the Instalments on such share shall have been paid. 

Sect. 10th. Be it further enacted, that no person. Directors of 
being a Director of any other Company, carrying on the nie^not'e'iig'ibie. 
business of Marine Insurance, shall be eligible as a Direc- 
tor of the Company, by this Act established. 

Sect. 11th. Beit further enacted, that the property shares nabie to 

- f ' t /-^ 1 • ^ r\ ^ I' attacriment and 

ot any member oi said Company, vested in the Stock ot process pre- 
said Company, with the dividend or dividends due thereon *" 
shall be liable to attachment & Execution in favor of any 
bona fide creditor in manner following Vizt. Whenever a 
proper ofiicer having a AYrit of attachment or execution 



240 Acts, 1802. — Chapter 110. 

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 Cer- 
tificate under his hand in his official capacity, ascertaining 
the number of shares the said member holds in said Com- 
pany, and the amount of the dividend or dividends due 
thereon ; and when any such share or shares shall be at- 
tached on mesne process or taken in [in] execution, an at- 
tested copy of such Writ of attachment or execution shall be 
left with the said Secretary, and such share or shares may 
be sold on execution after the 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 officer 
making such sale, within ten days thereafter to leave an 
attested Copy of the execution, with his return thereon, 
with the Secretary of the Company ; and the vendee shall 
thereby become the proprietor of such share or shares, 
and entitled to the same and to all the dividends which 
shall have accrued thereon after the taking in execution 
as aforesaid, or when there shall have been a previous 
attachment, after such attachment, notwithstanding any 
intervening transfer. 
Iffect^ingUe^^^^ Sect. 12th. And be it further enacted, that in case 
capital stock, of any loss or losses taking place, that shall be equal to 
the amount of the Capital Stock of the said Company, and 
the President & Directors, after knowing of such loss or 
losses taking place, shall subscribe to any policy of In- 
surance, their estates jointly & severally shall be account- 
able for the amount of any and every loss that shall take 
place, under policies thus subscribed. 
Amountof Sect. 13th. And be it further enacted, that the Presi- 

BtOCcC cCO • to DG 

published an- dcut & Dircctors of said Company, shall previous to their 
"""^ ^' subscribing to any policy, and once every year after, pub- 

lish in one of the news papers printed in the Town of Salem, 
the amount of their Stock, against what risques they mean 
to insure, and the largest sum they mean to take on any 
one risque. 
affiars1o*be^ Sect. 14x11. And be it further enacted, that the Pres- 

isiluure '''^" ident & Directors of said Company shall, when, & as often 
as required by the Legislature of this Commonwealth, lay 
before them a Statement of the affairs of said Company, 
& submit to an examination concerning the same under 
oath. 



Acts, 1802. — Chapter 111. 241 

Sect. IStii. And be it further enacted, that William First meeting. 
Gray junior, John Norris, and William Orne or any two 
of them, are hereby authorised, to call a meeting of the 
Members of the said Company, as soon as may be, in 
Salem, by advertizing the same, for two weeks in the 
Salem Gazette, for the purpose of their electing a first 
Board of Directors, who shall continue in Office, until the 
first Monday in July in the year of our Lord one thousand 
eight hundred & four. Approved March 7, 1803. 

1803. — Chapter 111. 

[January ScBslon, ch. 73.] 

AN ACT IN ADDITION TO AN ACT, PASSED ON THE TWENTY-FIRST 
DAY OF JUNE, IN THE YEAR OF OUR LORD ONE THOUSAND 
EIGHT HUNDRED AND TWO, ENTITLED "AN ACT, ALTERING 
THE TIMES OF HOLDING THE SUPREME JUDICIAL COURT, IN 
THE COUNTIES OF HAMPSHIRE & BERKSHIRE, AND ALSO THE 
COURT OF GENERAL SESSIONS OF THE PEACE & COURT OF 
COMMON PLEAS IN THE SAME COUNTIES." 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, <& by the 
authointy of the same, that from and after the passing of cJ^^t* ofX"^ 
this Act, there shall be two terms only of the Court of sionatobeheid 
General Sessions of the Peace within and for the County oo. annually. 
of Hampshire, to be holden at Northampton, on the second 
Monday of January, & the fourth Monday of August, 
annually ; & all Writs, processes & recognizances of what- 
ever nature, returnable or continued to the term of said 
Court heretofore by Law to be holden on the third Mon- 
day of May next, shall be returnable, continued to & have 
day in said Court, to be holden on the fourth Monday of 
August next. 

Sect. 2d. And be it further enacted by the authority 
aforesaid, that from and after the passing of this Act there two terms of 
shall be two terms only of the Court of General Sessions ^lons'to^bt^hew 
of the Peace, within and for said County of Berkshire ; to co^annu'lny. 
be holden at Lenox, on the fourth Monday of August, & 
the first Monday of January, annually ; and all Writs, 
Processes, and recognizances, and other matters of what- 
ever name, or nature, returnable or continued, to the term 
of said Court, heretofore by law to be holden, in, and for 
said County of Berkshire on the third Monday of April 
next, shall be returnable, and continued to, and have day 
in said Court which is hereby, to be holden in, and for 



242 



Acts, 1802.— Chapter 112. 



said County on the fourth Monday of August next. And 
also that the Court of Common Pleas, heretofore by Law 
holden, in and for said County of Berkshire, on the second 
Monday of January, annually, shall hereafter be holden 
at Lenox in and for said County of Berkshire, on the first 
Monday of January, annually — any Law to the Contrary 
notwith-standing. Approved March 7, 1803. 



Persons incor- 
porated. 



Corporate 
name. 



Location of 
dike-wall. 



Expence to be 
asseiised on 
proprietors. 



1803. — Chapter 113. 

[January Session, ch. 74.] 

AN ACT TO ESTABLISH A CORPORATION, FOR THE PURPOSE 
OF DIKING A CERTAIN TRACT OF MARSH, IN THE TOWN OF 
SCARBOROUGH. 

Sect. 1st. Be it enacted hy the Senate & House of 
Representatives, in General Court assembled, & by the 
authority of the same, that Robert Southgate, Richard 
King, Simeon Fitts, Eunice Fitts, Joshua Milliken, Ben- 
jamin Milliken, John Alger Milliken, Jonathan Milliken, 
John Mulbery Mi-Uiken, James Foss, Daniel Merrill, and 
Cornelius Durant, being the principal part of the owners 
of the aforesaid tract of Marsh, together with their asso- 
ciates, & such others as may hereafter associate with 
them, and their successors, shall be a corporation, by the 
name of The first Scarborough Dike Corporation, with 
all the powers &, privileges incident to similar corpora- 
tions, for the purpose of making and keeping in repair a 
Dike Wall on said Marsh, to commence at or near Har- 
mon's landing, (so called) & from thence to run up the 
main river to the Long Reach, and from thence crossing 
over the marsh, to the parting of the River, &from thence 
by a dam & gates, to pass over the Northern branch of 
the same River, and from thence to continue the said 
Dike Wall, up the western branch of the river, on its 
Northern bank, to the West boundary line of Robert 
Southgate's marsh, & from thence to the upland now im- 
proved by Joseph Milliken. 

Sect. 2d. And be it further enacted, that the said 
Robert Southgate, and others, proprietors of the marsh 
aforesaid, their hiers & assigns, be and they are hereby 
authorised & empowerd. to raise by an assessment, or 
tax, to be made and levied, on all the Proprietors of the 
said Marsh, lying within the Dike to be made as afore- 
said, according to the proportion of interest they severally 
hold therein, such sum or sums of money, for defraying 



Acts, 1802. — Chapter 112. 243 

the charges of making, repairing, & maintaining the said 
Dike Wall, Dam & Gates as aforesaid, as shall be agreed 
upon by the said Proprietors, their heirs, & assigns, or 
the major part of such of them, as shall be assembled at 
any legal meeting to be called for that purpose. And if Jhe property of 

•'p f^ -inr 1 in 1 delinquent 

any oi the Proprietors ot the said Marsh, shall neglect or proprietors to 
refuse, to pay the sum or sums of money duly a8[s]essed ^^^^^^- 
on him therefor, for the space of three months, after such 
Money shall have been voted, and for the space of one 
month, after his assessment shall have been shewn him, 
or a Copy thereof left at his usual place of abode, then 
the said Proprietors, are hereby fully authorised and im- 
powered from time to time, to sell & convey at public 
vendue to the highest bidder, so much of such delinquent 
proprietors part of said marsh, as will be sufficient to 
satisfy and pay the sum or sums assessed as aforesaid, & 
all reasonable charges attending such sale ; notice of such 
sale & of the time & place thereof being given, by post- 
ing an advertisement thereof, in some public place, in the 
town aforesaid & by advertising the same, in one of the 
newspapers printed in Portland, six weeks at least before 
the time of such sale ; and the said proprietors may by 
their Clerk, or a Committee chosen for that purpose, exe- 
cute a good deed or deeds of conveyance of the part of 
the said Marsh so sold, unto the purchaser thereof, to 
hold in fee simple. Provided nevertheless, that the pro- proviso, 
prietor or proprietors, whose share or part of said marsh 
shall be sold as aforesaid, shall have liberty to redeem the 
same, at any time within one year, after such sale, by 
paying the sum such share or part of said marsh sold for, 
and charges together with a further sum of Six Dollars 
for every hundred Dollars produced by such Sale, and so 
in the same proportion for a greater or less sum. 

Sect. 3d. And he it further enacted, that the first First meeting. 
meeting of the said Corporation, shall be held at the 
house of John Mulbery Milliken, inholder in said Scar- 
borough, on the second Monday of April next, at two 
o Clock in the afternoon, for the purpose of choosing a 
Clerk, & such other officers, as may then & there be 
agreed upon, by the said Corporation, who shall be sworn 
to the faithfull discharge of the duties of their respective 
offices. And the said Corporation may then and their 
establish such rules and regulations, as shall be judged 
necessary for the better management of its affairs ; for 



244 



Acts, 1802. — Chapter 113. 



Restriction In 
favour of 
Messrs. Moul- 
ton, Harmon, 
and Carter. 



which purpose they shall be, and hereby are invested, 
with all the powers, appertaining to Proprietors of gen- 
eral or common fields. And the said Corporation may 
then & there agree upon a method for calling future meet- 
ings. Provided nevertheless, that whereas Jonathan Moul- 
ton junr., James Harmon junr., and Benjamin & Eichard 
Carter Owners of eighteen acres of the aforesaid tract [of] 
of Marsh, have refused to join in the petition for an Act 
of incorporation for the purpose of Diking the said Tract, 
the said Corporation shall be, and hereby are, so far re- 
stricted, in the power and authority, by this Act given 
them, as not to be at liberty to raise by an assessment or 
otherwise, to be levied on any of the proprietors, of the 
aforesaid eighteen acres of Marsh, any sum or sums of 
money, to defray part of the expenditures necessary to 
carry this Act into operation & effect, unless by Special 
covenant they shall hereafter obligate themselves so to do. 

Approved March 7, 1803. 



A diini author- 
ized. 



A passage for 
vessels to be 
made. 



1803. — Chapter 113. 

[January Session, ch. 75.] 

AN ACT TO AUTHORIZE JESSE DUNBAR AND OTHERS, OWNERS 
OF THE MILL AT SCITUATE HARBOUR, IN THE COUNTY OP 
PLYMOUTH, TO ERECT DAMS ACROSS MILL CREEK, AND 
MAINE CREEK, SO CALLED, AT SAID HARBOUR. 

Sec 1. Be it Enacted by the Senate, and House of 
Hepresentatives in General Court assembled, and by the 
authority of the saine, that Jesse Dunbar, and others, 
owners of the Grist Mill at Scituate harbour in the County 
of Plymouth, their heirs, and assigns, are hereby author- 
ized, and empowered, to erect, and maintain a dam across 
Mill Creek, and Maine Creek, at the said Scituate har- 
bour, at the places, and in the manner following, viz. 
At Mill Creek, Southward of a Line running south, 
seventy degrees east, from the Southwest corner of Lem- 
uel Vinal's dwelling house ; and at Maine Creek, South- 
ward of the place, where a line, runing south, sixteen 
degrees East from the east end of the present Mill Dam, 
will strike said Maine Creek ; which said Dams, the said 
Jesse Dunbar and others, their heirs and assigns, may 
continue, and maintain, so long as they shall see fit to oc- 
cupy, and use the said Mill as a Grist Mill. 

Sec 2d. And be it further enacted, that the said Jesse 
Dunbar, and others, their heirs, and assigns, shall forever 



Acts, 1802. — Chapter 114. 245 

make, and open a sufficient passage, through the said Dam 
at Mill Creek, and from thence into Maine Creek, at least 
twenty feet wide, in the deepest water, and where most 
convenient for the passage of Vessels at all times, when 
requested by any person, or persons, who shall desire to 
pass through said Dam, or Dams, with their Vessels, free 
of all Expence to the owners of such Vessels : And upon 
the refusal or neglect so to make, and open such passage 
as aforesaid, they shall forfeit, and pay for each offence to 
the person or persons so requesting the same, the Sum 
of two hundred Dollars : — Provided always, that noth- 
ing in this Act shall be construed to prevent owners of 
Meadows, or Marshes, which shall be flowed in conse- 
quence of said Dam or Dams from recovering any Dam- 
ages sustained thereby. 

Sec. 3d. And he it further enacted. That whenever incaseofdis. 
any dispute, shall arise respecting the suitableness or con- suitabfeoMs of 
venience of the place, or passage for Vessels, to be opened '•^^P^^^^se. 
as aforesaid, the Selectmen of the said town of Scituate, 
for the time being, shall upon application of either of 
the parties, be and they are hereby authorized to deter- 
mine said dispute, and to designate, and direct, how, and 
in what manner, such passage shall be made. 

Ax>i:)Toved March 7, 1803. 

1803. — Chapter 114. 

[January Session, ch. 76.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME 
OF THE PRESIDENT & DIRECTORS OF THE BEDFORD BANK. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
Authority of the saine. That William Rotch Junr. Samuel porTd.'"""'"" 
Rodman, and Edward Pope, their associates, successors 
& assigns, shall be, and hereby are made a Corporation, 
by the name of The President, Directors and Company corporate' 
of the Bedford Bank ; and shall so continue from the first ^^""'' 
Monday of June next untill the first Monday of October, 
in the 3^ear of Our LORD One thousand eight hundred 
and twelve, and by that name shall be, and hereby are 
made capable in Law, to sue, and be sued, plead, and be 
impleaded, defend and be defended, in any Courts of Rec- 
ord or any other place whatsoever, and also to make have 
and use, a Common Seal, and the same again at pleasure 



246 



Acts, 1802. — Chapter 114. 



Amount of 
capital stock 



to break, alter & renew, and also to ordain, establish and 
put in execution such bye-laws ordinances and regulations, 
as to them shall appear necessary and convenient for the 
government of said Corporation, and the prudent man- 
agement of their Affairs — Provided, such bye-laws, or- 
dinances and regulations shall in nowise be contrary to 
the Laws and Constitution of this Commonwealth, and 
the said Corporation shall be always subject to the rules, 
restrictions, limitations, and provisions herein after pre- 
scribed. 

Sec. 2. And he it further enacted, that the Capital 
Stock of the said Corporation shall consist of Sixty thou- 
sand Dollars, to be paid in by installments in Gold or 
Silver, one half on or before the first Monday of June 
next, and the other half within one year thereafter, and 
the Stockholders at their first meeting, shall by a major- 
ity of Votes, determine the mode of transfering and dis- 
posing of the Stock & profits thereof, which being entered 
in the books of the said Corporation, shall be binding on 
the Stockholders, their Successors and assigns. Provided, 
that no Stockholder shall be allowed to l3orrow at the 
said Bank, until he shall have paid in his full proportion 
of the said Thirty thousand Dollars at least, and said Cor- 
poration are hereby made capable in Law, to have, hold, 
purchase, receive, possess, enjoy and retain to them, their 
Successors and assigns, lands, rents, tenements and here- 
Amount of real ditamcuts, to the amouut of Ten thousand dollars, and no 

estate allowea ' . . ' 

to be held. morc, at any one time, with power to bargain, sell, and 
dispose of the same lands, tenements and hereditaments, 
and to loan and negociate their monies and effects, by 
discounting on banking principles, on such security as 
they shall think advisable. Provided however, that noth- 
ing herein contained shall restrain or prevent the said 
Corporation from taking and holding real Estate in mort- 
gage, to any amount, as collateral security for the pay- 
ment of any debt due to the said Corporation. 

Sec. 3. And he it further enacted, that the following 
rules, limitations and provisions shall form and be the 
fundamental articles of the said Corporation 

First, that the said Corporation shall not issue and 

more than twice havc iu circulatiou at any one time, bills, Notes or obliga- 

the amount of ,• . , , • i • r>i i ii 

stock paid In. tions to a greater amount than twice their Stock actually 
paid in, nor shall there be due to the said Bank at any 
one time more than twice the amount of their Stock paid 



Bills, &c. not to 
be issued for 



Acts, 1802. — Ch after 114. 247 

in as aforesaid, and in case of any excess, the Directors 
under whose administration it may happen, shall l)e liable, 
and held for the payment of the same in their private 
capacity ; but this shall not be construed to exempt the 
said Corporation, or any Estate real or personal which 
they may hold as a body corporate, from being also liable 
for, and chargeable with such excess. 

Second, that the said Corporation shall not vest, use The monicB not 

/. , 1 • • T 1 ill a' J. to be used In 

or improve any oi their monies, goods, chatties or eiiects trade, &c. 
in trade or commerce, but may take all kinds of personal 
pledges, lodged in their hands by way of Security to an 
amount sufficient to reimburse the sum loaned. 

Third, that the lands, tenements and hereditaments Restriction as 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of 
their business. 

Fourth. None but a member of the said Corpora- Directors to 
tion, being a Citizen of this Commonwealth, and resident ide°nt? ** ^"^^^ 
therein, shall be eligible for a Director, and the Directors 
shall choose one of their number to Act as President, and 
the Cashier, before he enters on the duties of his Office, 
shall give bond, with two sureties, to the satisfaction of 
the Board of Directors in a sum of five thousand dollars, 
with conditions for the faithful discharge of the duties of 
his Office. 

Fifth. No Director of any other Bank shall be eligible Directors of 
to the office of director of this Bank, although he may be eligible. 
a Stockholder therein. And any director accepting any 
office in any other Bank shall be deemed to have vacated 
his place in this Bank. 

Sixth. That for the well ordering the Affiiirs of the Meetings of 
said Corporation, a meeting of the Stockholders shall be 
held, at such place as they shall direct on the first Monday 
in October annually, and at any other time during the 
continuance of the Corporation, and at such place as shall 
be appointed by the President & Directors for the time 
being, by public notice being given one week previous 
thereto, in the Newspaper printed at New Bedford at 
which annual meeting, there shall be chosen by ballot 
seven directors, to continue in Office the year ensuing 
their election; and the number of votes to which each Right of voting. 
Stockholder shall be entitled shall be according to the 
number of Shares he shall hold, in the following propor- 
tions, that is to say, for one share one vote, and for every 



218 



Acts, 1802. — Chapter 114. 



President to be 
paid. 



Board of di- 
rectors. 



No bills less 
than five dollars 
to be issued. 



Dividends. 



Casliier, &c. to 
be appointed. 



Banii to be kept 
at New Bed- 
ford. 



Shares liable to 
attachment. 



two Shares above one, shall give a right to one vote more, 
Provided no one member shall have more than ten votes, 
and absent members may vote by proxy, being author- 
ized in writing. 

Seventh. No Director shall be entitled to any emolu- 
ment for his services, but the Stockholders, may make the 
President such compensation as to them shall appear 
reasonable. 

Eighth. Not less than four directors shall constitute a 
board for the transaction of business, of whom the Presi- 
dent shall always be one, except in the case of Sickness, 
or necessary absence, in which case the Directors present 
may choose a chairman, for the time being in his stead. 

JSTinth. All bills issued from the Bank aforesaid, and 
signed by the President, shall be binding on the corpora- 
tion ; but it shall not be lawful for them to issue any bills 
of a less denomination than five dollars. 

Tenth. The Directors shall make half yearly dividends 
of all the profits, Rents, premiums, and Interests of the 
Bank aforesaid. 

Eleventh, The Directors shall have power to appoint 
a Cashier, Clerk and such other Officers, for carrying on 
the business of said Bank, with such Salaries, as to them 
shall seem meet. 

Sec. 4. And be it further enacted, that the said Bank, 
shall be established and kept in the Town of New Bed- 
ford. 

Sec. 5. Be it further enacted, that the share or shares 
of any member of said Corporation, with the dividends 
due theiron, shall be liable to attachment & Execution, in 
favor of any bona fide Creditor, in manner following, vizt. 
Whenever a proper Officer, having a writ of attachment, 
or execution against any such member, shall apply with 
such writ, or execution, to the Cashier of said Bank, it 
shall be the duty of such Cashier, to expose the books of 
the said Corporation to such Officer, and furnish him with 
a Certificate under his hand, in his Official Capacity ascer- 
taining the number of shares the said member holds in said 
Bank and the amount of the 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 execution, shall be left with the 
Cashier of the said Bank, and such share or shares, may 
be sold on execution the same being advertised, and the 



Acts, 1802. — Chapter 114. 249 

time and place of such sale, and the same mode of Sale, is 
to be observed, as in the sale of other personal Estate 
taken in execution, and it shall be the duty of such Officer 
making such sale, within ten days thereafter, to leave an 
attested copy of the Execution, with his return thereon, 
with the cashier of said Bank, and the vendee shall thereby 
become the proprietor of such share or shares, and be 
entitled to the same, and all the dividends which shall 
have accrued thereon, after the taking in Execution as 
aforesaid, or, where there shall have been a previous 
attachment, after such attachment, notwithstanding any 
intervening transfer being made. 

Sec. 6. And be it further enacted. That any commit- Legisintivecom- 

. "^ iT-1 c ^ • r^ mittee may ex- 

tee, specially appomted by the Legislature of this Com- amine books, 
mon wealth, for the purpose, shall have a right to examine 
into the doings of the said Corporation, and shall have 
free access to all the books and Vaults of said Corporation, 
and if upon such examination it shall be found, and after 
a full hearing of the said Corporation thereon, be deter- 
mined by the Legislature, that the said Corporation, have 
exceeded the powers herein granted them, or failed to 
comply with any of the rules, restrictions, and conditions 
in this Act provided, their incorporation shall thereupon 
be declared forfieted and void. 

Sec. 7. And he it further enacted, That William First meeting. 
Rotch, Samuel Rodman & Edward Pope, herein before 
named are authorised to call a meeting of the members, & 
Stockholders of said Corporation as soon as may be, at 
such time and place as they shall see fit, by advertizing 
the same three weeks successively in the Columbian 
Courier printed at New Bedford for the purpose of mak- 
ing, ordaining and establishing such bye-Laws, ordinances, 
and regulations, for the Orderly conducting the affairs of 
the said Corporation, as the Stockholders shall deem 
necessary, and for the Choice of the first board of Direc- 
tors, and such other Officers as they shall deem fit to 
choose. 

Sec. 8. And he it further enacted, That it shall be the semiannual 
duty of the Directors of said Bank, to transmit to the be"made°to'the 
Governour & Council of this Commonwealth, for the time ^ouncir ""'' 
being, once in six months at least, and as much oftener as 
they may require, accurate and just statements of the 
amount of the Capital Stock of said Corporation, and of the 
debts due to the same, of the monies deposited therein, 



250 Acts, 1802. — Chapter 115. 

of the notes in Circulation, of the Gold, Silver and other 
coined Metals, and of the bills of other Banks on hand, 
which statement shall be signed by the Directors and 
attested by the Cashier. 
The ron.mon. g^,.^ 9^ ^,^^ jg ^'^ further enacted, That the Common- 
subscribe to wealth shall have a right, Avhenever the Government thereof 
shall make provision by law, to subscribe to, and become 
Interested in the Capital Stock of said Bank by adding 
thereto, in a Sum not exceeding thirty thousand dollars, 
subject to the rules, regulations and provisions to be by 
them made and established. 
ofl'lel-'d mT' Sec. 10. And be it further enacted, that the said Cor- 
to be paid. poration shall be liable to pay to any bona fide holder, the 
original amount of any Note of said Bank, counterfeited 
or altered in the Course of its circulation to, a larger 
amount, notwithstanding such Alteration. 
S.'"'''^' ^"^ Sec. 11 . And he itjurther Enacted, That nothing con- 
tained in this Act shall be construed to prevent the Legis- 
lature from taxing said Bank, at any time hereafter, 
whenever they shall judge it expedient. 
wpuSbe^ Sec. 12. And he it further enacted, That one eighth 
[T'^romoiT P^^'t of ^^1^ whole Stock or funds of said Bank, shall 
tiic !.!<iicuiiurai always be ai:)propriated to loans to be made to Citizens 

iulGI'tJHt 1. J. 1. 

of this Commonwealth, and wherein the Directors shall 
wholly and exclusively regard the Agricultural interest ; 
which loans shall be made in Sums not less, than one hun- 
dred dollars, nor more than five hundred dollars, and 
upon the personal bond of the borrower, with Collateral 
security by suflicient mortgage of real Estate, for a term 
not less than one Year, and on condition of paying the 
Interest annually on such loans, subject to such forfeiture 
and right of redemption as is by Law provided. 

Approved March 7, 1803. 

1803. — Chapter 115. 

[January Session, ch. 77.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE FIRST PARISH IN THE TOWN OF BEVERLY, INTO 
A SEPERATE PARISH. 

rieumbie. Whercas a numher of the inhabitants of the Town of 

Beverly belonging to the first Parish in the said Town, 
have petitioned this Court to be set off, from the said first 
Parish, and to he iiicorporated, into a seperate Society for 



Acts, 1802. — Chapter 115. 251 

the reasons exjjressed in tJteir petition, and it appearing 
reasonable to this Court, that the prayer thereof he granted. 
Sec. 1. Be it therefore enacted by the Senate, and 
House of Rep)resentatives, in General Court assembled, 
and by the authority of the same, that Thomas Appleton, persons incor- 
Jaines Smith, Ephraim Prichard, John Dike, John Low, p'"^'*'®'^- 
William Barley, William Herrick Lovett, Jonathan Lar- 
com, Asa Cole, John Hatch, John Pickett, Gamaliel 
Hatch, Mark Knowlton, Josiah Woodbury junr., Ben- 
jamen Carico, William Fornis, Ambrose Cleaves, Nehe- 
miah Smith junr., George McLellan, Peter Woodberry, 
Timoth}' Wyer, Jeremiah Trask, Jonathan Smith, Nehe- 
miah Smith, Isaac Haskell, Ebenezer Wallace, Dudley 
Abbot, John Fornis, Caleb Wallis, Benjamen Brown junr., 
Jacob Anderson, John Lovett, David Larcom, Joseph 
Gouldsbury, Peter Hill, Nathaniel Wallis, Benjamen 
Larctim, Jonathan Herrick Lovett, Benjamin Standley, 
Ebenezer Wallis 2d, Josiah Foster, Benjamen Bryant, 
Thomas Herrick, Josiah F. Chapman, Joseph Woodberry 
2d, William Dodge, William Lovett 2d, Thomas Carico, 
Dimon C. Twist, William C. Woodberry, Philip Ham- 
mond, Josiah Foster 2d, Edward Foster, John Elling- 
wood, David Fornis jun., Samuel Foster, George Cross 
jun., Timothy Standley, George D. Chapman, Hezekiah 
Lovett, Joseph Lovett 3d, Daniel Allen, Joseph Pedrick, 
Daniel W. Gowing, Jonathan Griffin, William T. Man- 
ning, Andrew Larcom, Ezra Cleaves, Ebenezer Smith 
jun., Robert Standley 2d, Daniel Herrick, Joseph Stick- 
ney, Nathaniel Batchelder, Zachariah Morgan, John Brad- 
shaw, Abner Chapman, Nehemiah Roundy 2d, Richard 
Ober 2d, Moses Howard, Israel Conant, Joseph Ober, 
Abner C. Stone, Elizabeth Lovett, widow, Elizabeth 
Ives, Hannah Batchelder, Anna Meacom, Sarah Endicot 
Ford, Rebeccah Bowles, Hannah Cleaves, ]Mark Wood- 
bury, Samuel Smith, John West, Jonathan P. Ober, 
Daniel Porter, Daniel Appleton, Issachar O. Foster, 
Anna Corning, Mary Foster, Lydia Thissel, Hannah 
Fornis, Judith Lovett, Hannah Chapman, Abigail Haskell, 
Priscilla Chapman, Joanna Stone, Abigail Turkin, Sarah 
Smith, Elizabeth Pickard, Elizabeth Lovett, Joanna Green, 
Mary Herrick, Anna Woodberry, Mary Prince, Eliza 
Herrick, Nabby Glidden, Mary Adams, Sarah Elling- 
wood, Hannah Clark, Sarah Ives, William Patch, Josiah 
Woodberry, Obed Woodberry, Isaac Miller, Joseph Wood- 



252 Acts, 1802. — Chapter 115. 

berry 3d, Oliver Ober, Cornelius Dodge, William Good- 
ridge, David Wales, Joseph Smith, Alexander Carico, 
and David Standley jun., the petitioners for the said 
Society, together with their Polls, and Estates, be, and 
naraT."''*' hereby are incorporated a Society, by the name of The 
third Congregational Society, in Beverly, with all the 
Powers, privileges, and immunities, which other Parishes 
in this Commonwealth, are entitled to by Law. 
lirTaMowed to^ Sec. 2d. And be it further enacted, that any of the 
i**aHBhf&c'/'^ Members belonging to the first, or third Parishes, desiring 
to change their relation from one Parish to the other, shall 
have full right, and liberty to do it, at any time previous 
to the first day of March, one thousand, eight hundred 
and five : Provided, they signify in writting under their 
hands, to the Clerk of the Parish, which they wish to join ; 
their wish and determination of being considered as Mem- 
bers of said Parish, and they shall accordingly be recorded 
as such by the Clerk of the said Parish. 
belli'ng'iolhe" ^EC. 3d. And be it further Unacted, that if any per- 
pari-^h to vvhich son, who may hereafter settle within the limits of the first 

they ptiy tneir , *^ 

tuxes. Parish, shall neglect for the space of twelve Months to 

join either Parish, by signifying his determination of the 
same, in the manner pointed out in the second section of 
this Act, it may, and shall be lawfull and right for both 
the Parishes aforesaid, to tax all such persons for the 
support of public worship, and other Parochial charges ; 
& any person so taxed shall have the liberty of choosing 
which of the taxes, he will pay, and to that Parish to 
which he pays his tax, he shall with his family, and Estate 
always in future be considered as belonging, and shall 
accordingly be recorded as such by the Clerk of said 
Parish. 

ofage°raayToiJf ^EC. 4th. And be it further enacted, that all young 

either parish, persons, withiu the limits aforesaid, when they become 
twenty one years old, shall have full liberty at any time 
within twelve Months, after they become twenty one years 
of Age to join with their Polls, and Estates, either the 
first, or the third Parish, by signifying their determina- 
tion in writting, to the Clerk of the Parish, they may 
desire to join. 

First meeting. ^^^^ 5^^^^ ^^^ j^ ^-^ further euacted, that Joseph 

Wood Esqr. or any other Justice of the Peace, in the 
County of Essex be, and he is hereby authorized to issue 
his warrant directed to some Member of the said third 



Acts, 1802. — Chapter 116. 253 

Congregational Society, requiring him to warn the Mem- 
bers of the said Society, qualified to vote in Parish affairs, 
to assemble at some suitable time and place, as shall be 
expressed in the said Warrant, to choose such 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 for the well being of the 
said Society. Approved March 7, 1803. 

1803. — Chapter 116. 

[January Session, ch. 78.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT IN 
ADDITION TO THE SEVERAL ACTS FOR REGULATING ELEC- 
TIONS," AND FOR REPEALING THE FIRST SECTION OF SAID 
ACT. 

Sec. 1st. £e it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same, That it shall be the duty of the Assessors to 
Assessors of each town and district within this Common- "f^quaHfied 
wealth, on or before the first day of March, annually, to """*"• 
make out and deliver to the Selectmen thereof, a correct 
and alphabetical list of all such inhabitants of their re- 
spective towns or districts, as shall appear to them qual- 
ified by the Constitution of this Commonwealth, or of • 
the United States, respectively, to vote for Governor, 
Lieutenant Governor, Senators, Representatives in the 
General Court or in Congress ; which list it shall be the 
duty of the Selectmen of such town or district, at some 
time within ten days then next following, to revise and 
correct, as to them shall appear necessary, so that the 
same shall, in their opinion, be a complete list of such 
of the inhabitants within their respective towns or dis- 
tricts, as shall be constitutionally qualified to vote in the 
elections aforesaid. And the Assessors of every plan- 
tation are alike required to furnish themselves with like 
lists, on or before the tenth day of March annually ; and 
it shall be the duty of the Selectmen of the several towns The list to be 
and districts, and the Assessors of Plantations aforesaid, p"''''^^^''- 
respectively, to publish the said lists within their respec- 
tive towns, districts or plantations, by causing true copies 
thereof to be posted up at two or more public places in 
such towns, districts or plantations, fourteen days, at 
least, before the first Monday in April annually ; And it 



254 



Acts, 1802. — Chapter 117. 



shall also be the duty of the Selectmen of such towns or 
districts, and the assessors of such plantations to be pro- 
vided with, and have a complete list as aforesaid at every 
meeting for the choice of Governor, Lieutenant Gov- 
ernor, Senators, Representatives in the General Court or 
in Congress ; which list shall be so corrected previous to 
the opening of any such meeting, as to contain all the 
qualified voters for the particular election then to be 
made ; and no such meeting shall be opened at an earlier 
hour than eleven of the clock of the forenoon of the day 
Selectmen or of clectiou ; and it shall be the duty of such Selectmen or 

Assessors to be. ji- • j •j_i 

in session pre- Asscssors, to DC in scssion at some convenient place 
uoT to'oompiefe' immediately preceding such meeting, for so long time as 
the lists. they shall judge necessary, to receive evidence of the 

qualifications of persons whose names have not been en- 
tered on the list published as aforesaid, and to give public 
notice of the time and place of such meeting, when they 
publish the said lists as before directed. 

Sec. 2d. And be it further enacted, That the first sec- 
tion of the Act to which this is an addition, be, and the 
same hereby is repealed. Ap2)roved March 7, 1803. 



Academy 
established. 



Trustees ap- 
pointed. 



1803. — Chapter 117. 

[January Session, cb. 79.] 

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF HAMP- 
DEN WITHIN THE COUNTY OF HANCOCK BY THE NAME OF 
THE HAMPDEN ACADEMY. 

Whereas John Crosby and others have Subscribed the 
Sum of three thousand four hundred dollars for the pur- 
pose of Erecting and supporting an Academy in the town 
of Hampden in the County of Hancock. 

Sec 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the Same, that there be and hereby is estab- 
lished in the said town of Hampden an Academy by the 
name of The Hampden Academy, for the purpose of pro- 
moting Piety, Morality, and Religion, and for the Educa- 
tion of Youth in such languages and such of the liberal 
Arts & Sciences, as the Trustees herein named and their 
successors shall from time to time direct. And that the 
Honourable David Cobb, Daniel Neal, John Crosby, 
Martin Kinsley, Robert Treat, Oliver Leonard & Thomas 
Phillips Esqrs., the Reverend Mr. Mason of Castine, the 



Acts, 1802. — Chapter 117. 255 

Reverend Mr. Fisher of Blue-hill, the Reverend Mr. 
Powers of Penobscot and the Reverend Mr. Mudge of 
Orrington, Captain Andrew Patterson, Captain James 
Dudley, Andrew Grant and Josiah Kidder, be, and 
hereby are incorporated into a body politic by the name corporate 
of The Trustees of Hampden Academy, and that they "^"*'" 
and their successors shall be & continue a body politic & 
corporate by the same name for-ever. 

Sec. 2. Be it further enacted^ That all the monies, Trustees to 
lands or other property already subscribed & given, or age'^property" 
which shall hereafter in any way be assigned or trans- 
ferred to the said Trustees for the purposes aforesaid or 
either of them shall be confirmed to the said Trustees and 
their Successors forever : And that the said Trustees may 
have and hold in fee simple by gift, grant or otherwise 
any lands or other Estate, real or personal, provided the 
annual income thereof shall not exceed the sum of Five 
thousand dollars; & may sell and dispose of the same, & 
apply the rents and proceeds of the same in such way and 
manner as they shall deem most conducive to the promo- 
tion of the interest of the said institution. 

Sec. 3. Be it further enacted^ That the said Trustees TrusiecBtoap. 
shall have power from time to time to Elect such Officers {he°academy, ''^ 
of the said Academy as they shall judge necessary, and ^^'=- 
to fix the tenures of their respective Offices ; To remove 
any Trustee from the Corporation, when in their opinion 
he shall be incapable by reason of age or otherwise of 
discharo-ino; the duties of his Office : To fill all vacancies 
in the said Corporation : to determine the times & places 
of the meetings of the said Corporation : the manner of 
notifying them : and the manner of Electing and remov- 
ing Trustees : to Elect & prescribe the powers & duties 
of the Officers of said Corporation : and to make and 
ordain reasonable rules and bye-laws, not repugnant to 
the Laws of this Commonwealth, with reasonal)le penal- 
ties, for the good Government of the said Academy. 

Sec. 4. Be it further enacted^ that the said Trustees inBtruments to 
may have a Common Seal : which they may renew or alter commin'^seui.^ 
at pleasure, and that all instruments signed & sealed with 
such Seal, delivered and acknowledged by the Secretary 
of the said Corporation by order of the said Trustees 
shall be good and valid in Law. And that the said Trus- 
tees may sue and ])e sued in all actions, real, personal 
and mixed : and prosecute & defend the same to final 



256 



Acts, 1802. — Chapter 118. 



Number of 
trustees. 



First meeling 



Judgment and Execution, by and in the name of the 
said Corporation. 

Sec. 5. Be it further enacted, That the number of 
Trustees shall never exceed the number herein incorpo- 
rated as aforesaid, nor be less than Nine, five of whom 
shall be necessary to constitute a quorum for transacting 
business. 

Sec. 6. Be it further enacted, That Daniel Neal Es- 
quire be and hereby is authorised and impowered to fix 
the time and place for holding the first meeting of said 
Trustees and to notify them Accordingly. 

Approved March 7, 1803. 



BoinularieB. 



Division of 
taxes. 



1803. — Chapter 118. 

[January Session, ch. 80.] 

AN ACT TO SET OFF PART OF THE TOWN OF ATHOL, AND TO 
ANNEX THE SAME TO THE TOWN OF ROYALSTON. 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that all the lands lying within the 
lines herein described, with the Inhabitants thereon, be, 
and hereby are sett off from the town of Athol in the 
County of Worcester, and annexed to the town of Royal- 
ston in the same County, vizt. Beginning at the North 
East corner of Athol, on Royalston line, thence running 
South five degrees West, on the town line of said Royal- 
ston, One Mile, One quarter, & five poles, to Millers 
River ; thence Westerly & Southerly by said River, about 
three hundred rods ; thence West thirty eight rods to 
Seth Twitchell's land, thence North two hundred & six 
rods ; thence West, one hundred rods ; thence North three 
hundred & sixteen rods to Royalston line, thence East 
four degrees North by Royalston line, three hundred and 
ten rods to the bound first mentioned. Provided how- 
ever that the Inhabitants on the aforesaid lands, & their 
estates, shall be holden to pay their proportion of all State, 
County, town & parochial taxes assessed upon them, prior 
to the date of this Act. 

Sec. 2. And be it further enacted, that in all future 
State and County Taxes, until a new valuation shall be 
taken & settled. One fifteenth part of the taxes which 
would have been set to the town of Athol, according to 
the last valuation, shall be taken therefrom, and set to the 
town of Royalston. Approved March 7, 1803. 



Acts, 1802. — Chapter 119. 257 



1803. — Chapter 119. 

[January Session, ch. 81.] 

AN ACT TO INCORPORATE SUNDRY PERSONS, BY THE NAME 
OF THE PRESIDENT, DIRECTORS AND COMPANY OF THE 
SALEM BANK. 

Sect. 1. Be it enacted by the Senate & House of 
Representatives^ in General Court assembled & by the 
authority of the same, That Elias Hasket Derby, Benjamin Persons incor 
Hodges, Nathaniel West, George Crowninshield & Sons, ^""^"'^ ' 
Joseph Peabody, Ichabod Nichols, Joshua Ward, Simon 
Forrester, Nathaniel Silsbee, Clifford Crowninshield, & 
John Hathorne, their Associates, Successors and Assigns, 
shall be, and hereby are created and made a Corporation corporate 
by the name of the President, Directors and Company of °'""®' 
the Salem Bank, and shall so continue from the first mon- 
day of June next, untill the first monday of October, in 
the year of our Lord, one thousand eight hundred and 
twelve, and by that name shall be, and hereby are made 
capable in Law to sue and be sued, plead and be impleaded, 
defend and be defended, in any Courts of Record or any 
other place Avhatever ; and also to make, have and use a 
common seal, and the same again at pleasure to break, 
alter and renew : and to ordain, establish and put in 
execution such Bye-laws, ordinances and regulations as 
to them shall appear necessary and convenient for the 
government of said Corporation, and the prudent man- 
agement of their afiairs, Provided such Bye-laws, ordi- 
nances and regulations shall in no wise be contrary to the 
Laws and Constitution of this Commonwealth : and the 
said Corporation shall always be subject to the Rules, 
restrictions, limitations and provisions herein prescribed. 

Sect. 2. And be it further enacted. That the capital cnpuai stock 
stock of the said Corporation shall consist of a sum not shares. 
more than Two hundred thousand dollars in Gold or 
Silver, to be divided into shares of one hundred dollars 
each : and the sum of one hundred thousand dollars at 
least, shall be paid in Gold or Silver on or before the first 
monday of June next, and the remaining sum within one 
year thereafter, and no discount shall be made at said 
Bank 'till the aforesaid sum of one hundred thousand dol- 
lars shall be actually paid in. And the Stockholders 
shall at their first meeting by a majority of votes, deter- 



258 



AoTS, 1802. — Chapter 119. 



Value of real 
estate allowed 
to be held. 



Obligations, &c. 
not to exceed 
twice the 
amount of stock 
paid in. 



Corporation 
not to trade. 



ReBtrictione as 
to real estate. 



mine the mode of transfering and disposing of the Stock 
and profits thereof, which being entered in the Books of 
the said Corporation, shall be binding on the Stockhold- 
ers, their Successors and Assigns, Provided that no Stock- 
holder shall be allowed to borrow at the said Bank untill 
he shall have paid in his full proportion of the said one 
hundred thousand dollars at least. And the said Corpo- 
ration are hereby made capable in Law to have, hold, 
purchase, receive, possess, enjoy and retain to them, their 
Successors and Assigns, Lands, Rents, Tenements and 
Hereditaments to the amount of Forty thousand dollars 
and no more, at any one time, with power to bargain, sell 
and dispose of the same lands, tenements and heredita- 
ments, and to loan and negociate their monies and effects, 
by discounting on banking principles on such security as 
they shall think advisable — Provided hoiuever, that noth- 
ing herein contained shall restrain or prevent the said 
Corporation from taking and holding Real Estate in mort- 
gage to any amount, as collateral Security for the payment 
of any Debt due to the said Corporation. 

Sect. 3. And be it further enacted, that the follow- 
ing rules, limitations and provisions shall form and be the 
fundamental articles of the said Corporation. 

First — That the said Corporation shall not issue and 
have in circulation at any one time. Bills, Notes or Obli- 
gations to a greater amount than twice their Stock actually 
paid in, nor shall there be due to the said Bank at any one 
time more than twice the amount of their Stock paid in 
as aforesaid — and in case of any excess the Directors 
under whose administration it may happen, shall be liable 
for the payment of the same in their private capacity — 
but this shall not be construed to exempt the said Corpo- 
ration, or any Estate real or personal which they may 
hold as a Body Corporate from being liable for and charge- 
able with such Excess. 

Second — The said Corporation shall not vest, use or 
improve any of their monies, goods, chattels or effects in 
Trade or Commerce, but may sell all kinds of personal 
pledges lodged in their hands by way of security, to an 
amount sufficient to reimburse the sum loaned. 

Third — That the Lands, Tenements and Hereditaments 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. 



Acts, 1802. — Chapter 119. 259 

Fourth — None but a member of said Corporation, be- Directors to 
ing a Citizen of this Commonwealth and resident therein, ide°iu.^ * ^'^^^* 
shall be eligible for a Director — and the Directors shall 
choose one of their own number to act as President — 
and the Cashier before he enters on the duties of his 
Office, shall give Bond, with two Sureties to the satisfac- 
tion of the Board of Directors in a sum not less than 
Fifteen thousand dollars, with conditions for the faithful 
discharge of the duties of his Office. 

Fifth — No Director of any other Bank shall be eligi- ^ij^^fban^g^ 
ble to the Office of Director of this Bank, although he ineligible. 
may be a Stockholder therein — and any Director accept- 
ing any Office in any other Bank shall be deemed to have 
vacated his place in this Bank. 

Sixth — That for the well ordering the affiiirs of said tt'ZclhoxAev^ 
Corporation a meeting of the Stockholders shall be held directors to be ' 

CI10S6D &C 

at such places as they shall direct on the first monday in 
June annually, and at any other time during the contin- 
uance of the said Corporation, and at such place as shall 
be appointed by the President & Directors for the time 
being by public notification thereof by advertising the 
same in. one or both papers printed in Salem one week 
previous thereto — at which annual meeting there shall 
be chosen by ballot seven Directors to continue in Office 
the year ensuing their election, and untill another choice 
of Directors shall be made. And the number of Votes to 
which each Stockholder shall be entitled shall be accord- 
ing to the number of shares he shall hold, in the follow- 
ing proportions — that is to say for one share, one vote, 
and every two shares above one, shall give a right to one 
vote more — Provided no one member shall have more 
than ten votes, and absent members may vote by proxy 
being authorized in writing. 

Seventh — No Director shall be entitled to any emolu- President to be 
ment for his services, but the Stockholders may make 
the President such Compensation as to them shall appear 
reasonable. 

Eighth — Not less than four Directors shall constitute Board of 
a Board for the transaction of business, of whom the 
President shall always be one, except in the case of sickness 
or necessary absense, in which case the Directors present 
may choose a Chairman for the time being in his stead. 

JSrinth — All Bills issued from the Bank aforesaid and t^an''five doiiarn 
signed by the President shall be binding on the Corpora- to be issued. 



260 



Acts, 1802. — Chapter 119. 



Dividends. 



Cashier, &c. to 
be appointed. 



Location of 
bank. 



Money to be 
loaned the 
Commonweallh 
when required. 



Shares liable 
to attachraent 
and process 
prescribed. 



tion — but it shall not be lawful for them to issue any 
Bills of a less denomination than live dollars. 

Tenth — The Directors shall make half yearly dividends 
of all the Rents, Profits, Premiums & Interest of the Bank 
aforesaid. 

Eleventh — The Directors shall have power to appoint 
a Cashier, Clerks and such other Officers for carrying on 
the business of said Bank, with such Salaries as to them 
shall seem meet. 

Sect. 4. A.nd be it further enacted, that the said Bank 
shall be established and kept in the Town of Salem in the 
County of Essex. 

Sect. 5. Be it further enacted, that whenever the 
Legislature shall require it, the said Corporation shall 
loan to the Commonwealth any sum of money not exceed- 
ing thirty thousand dollars, reimbursable at five annual 
instalments, or at any shorter period at the election of 
the Commonwealth with the annual payment of Interest 
at a Rate not exceeding five per centum per annum : Pro- 
vided however that the Commonwealth shall never at any 
one time stand indebted to said Corporation without their 
consent for a larger sum than Sixty thousand dollars. 

Sect. 6. Be it further enacted that the Share or 
Shares of any member of said Corporation, with the Div- 
idends due thereon shall be liable to attachment and exe- 
cution in favor of any bona fide Creditor in manner 
following — viz. Whenever a proper Officer having a 
writ of Attachment or Execution against any such mem- 
ber, shall apply with such writ or Execution to the 
Cashier of said Bank, it shall be the duty of such Cashier 
to expose the Books of said Corporation to such Officer, 
and furnish him with a Certificate under his hand in his 
official Capacity, ascertaining the number of shares the 
said member holds in said Bank and the amount of the 
Dividends due thereon : And when any such share or 
shares shall be attached on mesne process or taken in exe- 
cution an attested copy of such writ of attachment or 
execution shall be left with the said Cashier, and such 
share or shares may be sold on Execution after the 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 such Officer making such sale within ten 
days thereafter, to leave an attested Copy of the Execu- 
tion with his return thereon with the Cashier of the Bank, 



Acts, 1802. — Chapter 119. 261 

and the Vendee shall thereby become a proprietor of such 
share or shares, and entitled to the same and to all the 
Dividends which shall have accrued thereon after the tak- 
ing in Execution as aforesaid, or where there shall have 
been a previous attachment, after such attachment, not- 
withstanding any intervening transfer. 

Sect. 7. And be it furtJier enacted that any Commit- Legislative 

• 11 • T 1 I T • 1 i ^ j^i committee 

tee specially apijointed by the Legislature lor the pur- may examine 

1111 TTii-l --J. 4.U A • C books, &c. 

pose, shall have a iiight to examine into the doings or 
said Corporation, and shall have free access to all their 
Books and Vaults, and if upon such an examination it 
shall be found, and after a full hearing of the said Corpo- 
ration thereon, be determined by the Le^rislature that the 
said Corporation have exceeded the Powers herein granted 
them, or failed to comply with any of the Rules, restric- 
tions and Conditions, in this Act provided, their Incorpo- 
ration shall thereupon be declared forfeited & void. 

Sec. 8. And be it further enacted that the persons First meeting. 
herein before named or any three of them, are authorised 
to call a meeting of the members & Stockholders of said 
Corporation as soon as may be, at such time & place as 
they may see fit by advertizing the same three weeks suc- 
cessively in the Salem Gazette or any other paper })rinted 
at Salem for the purpose of making, ordaining & estab- 
lishing such bye-laws ordinances & regulations for the 
orderly conducting the Affairs of said Corporation as the 
said Stockholders shall deem necessary, & for the choice 
of the first Board of Directors, and such other Officers as 
they shall see fit to choose. 

Sect. 9th. Ajid be it further enacted that it shall be the semi annual 
duty of the Directors of the said Bank, to transmit to the bif mTde"to the 
Governor & Council of this Commonwealth for the time g"^^^!',?' """^ 
being, once in six months at least and as much oltner as 
they may require, accurate & just statements of the 
amount of the Capital Stock of said Corporation and of 
the Debts due to the same, of the monies deposited therein, 
of the notes in circulation, and of the Gold & Silver, and 
other coined metals, and the Bills of other Banks on hand, 
which Statements shall be signed by the Directors and 
attested by the Cashier. 

Sect. 10th. And be it further enacted, that the Com- ^°™'X^,Tbe'' 
monwealth shall have a right, whenever the Government to capital 
thereof shall make })rovision by law, to subscribe to and 
become interested in the Capital Stock of said Bank in a 



262 



Acts, 1802. — Chapter 120. 



Original amount 
of altered bills 
to be paid. 



Bank liable to 
taxation. 



Part of capital 
to be devoted 
to agricultural 
interest. 



Capital may be 
Increased for 
accommodation 
of applicants 
for *' Mechanic 
Bank." 



sum not exceeding one third part thereof, in such way and 
manner as the Government may judge most for the inter- 
est and honor of the Commonwelth, subject to the rules, 
regulations and provisions to be by them made and estab- 
lished. 

Sect. 11th. And be it further enacted^ That the said 
Corporation shall be liable to pay to any bona fide holder 
the original amount of any note of said Bank, Counter- 
fited or altered in the Course of its circulation to a larger 
amount, notwithstanding such alteration. 

Sect. 12th. And be it further enacted, that nothing 
contained in this Act shall be construed to prevent the 
Legislature from taxing the said Bank at any time here- 
after whenever they shall judge it expedient. 

Sect. 13th. And be it further enacted. That one eighth 
part of the whole funds of said Bank shall always be ap- 
propriated to loans to be made to Citizens of this Com- 
monwealth and wherein the Directors shall wholly and 
exclusively regard the agricult[e] [wjral Interest which 
loans shall be made in sums of not less than one hundred 
dollars nor more than five hundred Dollars, and upon the 
personal Bond of the Borrower with collatteral security 
by sufficient Mortgage of Real Estate for a Term not less 
than one year, and on Condition of paying the Interest 
annually on such loans, subject to such forfieture and 
right of redemption as by law provided. 

Sect. 14th. And be it further enacted, that the Stock- 
holders of this Bank may increase the Capital of said 
Bank Sixty thousand dollars, payable at such times, and 
in the same manner as the aforesaid Capital of two hun- 
dred thousand dollars, and subject to the same conditions. 
Provided however thai the said sum of Sixty thousand dol- 
lars shall be reserved for such of the applicants for the 
Mechanic Bank, in the town of Salem as are not inter- 
ested in the Essex Bank, nor otherwise interested in this 
Bank. Approved March 8, 1803. 



Preamble. 



1803. — Chapter 130. 

[January Session, ch. 82.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF LAYING OUT AND MAKING A TURNPIKE ROAD FROM 
NEWBURY PORT TO CHELSEA BRIDGE. 

Whereas the laying out and mahing of the said road 
will be of great public utility, and Micajah Sawyer <& 



Acts, 1802. — Chapter 120. 263 

others have j)eiitioned this Court for an Act of incorpora- 
tion, to empo2ver them to lay out and tnake said road, and 
have subscribed to a fund for that pmpose ; Therefore, 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same That Micajah Sawyer, William Persons incor- 
Coombs, Nicholas Pike, Arnold Welles, William Bartlett, ^°'"^^ ' 
John Pettingell, William Smith, John Codman and James 
Prince, and all such persons as are or shall be associated 
with them, and interested in said fund, and their Succes- 
sors, shall be a Corporation by the name of The Newbury- corporate 
port Turnpike Corporation ; and shall by that name sue °^™^' 
& be sued, and shall have a common seal, and enjoy all 
the privileges and powers which are by law incident to a 
Corporation, for the purpose of laying out and making a 
turnpike road, and keeping the same in repair; that is to course of the 
say, a road beginning at the head of State Street, so called, 
in Newburyport, and from thence to be continued in a 
course south twenty four degrees west as nearly as possi- 
ble, through the towns of Newbury, Rowley, Ipswich, 
Topsfield, Danvers, Lynnfield, Lynn, Maiden, and 
Chelsea, to the Chelsea Bridge, so called ; the said road 
to be as nearly in a strait line as practicable, from the 
head of State Street in Newburyport to Chelsea Bridge. 

Sec. 2d. And be it further enacted. That the above First meetiug. 
mentioned persons, or any three of them, may by an ad- 
vertisement in the Newburyport Herald printed in New- 
])uryport, and in the New England Palladium printed in 
Boston, call a meeting of the said proprietors, to be liolden 
at any suitable time and place after fifteen days from the 
publication of said advertisement ; and the said proprie- 
tors, by a vote of the majority of those present or repre- 
sented at the said meeting, (in all cases accounting and 
allowing a vote to each single share) shall choose a Clerk, 
who shall be sworn to the faithful discharge of his duty, 
and who shall agree on a method for calling future meet- 
ings ; and at the same, or at any subsequent meeting, may ^"' u*,'ig^gj*° *'® 
make and establish any rules and regulations that shall be 
necessary or convenient for regulating the said Corpora- 
tion ; for eflecting, completing and executing the purposes 
aforesaid ; or for collecting the toll hereafter granted, and 
the same rules and regulations may cause to be kept and 
executed, or for the breach thereof may order & enjoin 
fines and penalties, not exceeding thirteen dollars and 



264 Acts, 1802. — Chapter 120. 

thirty three cents, for any breach thereof. Provided such 
rules and regulations are not repugnant to the laws or 
Constitution of this Commonwealth. And the said pro- 
prietors may also choose and appoint any other OflScer or 
Officers, that they may deem necessary ; and all represen- 
tations at any meeting shall be proved in writing signed by 
the person making the same, which shall be filed with, and 
recorded by the Clerk ; and this Act and all rules, regu- 
lations and votes of the said Corporation, shall be fairly 
and truely recorded by the said Clerk in a book or books 
to be provided and kept for that purpose. Pi'ovided also, 
that no one proprietor in this Corporation, shall have 
more than twenty votes. 
Width of road gj:c. 3d. And be it further enacted, That the same 

prescribed. iiiii i-i n ii i ' t 

turnpike road shall be laid out and made by the said 
Corporation, of sufficient width in every part thereof for 
the accommodation of the public, that is to say, four 
rods wide through the whole of said road, and the made 
way, or path for travelling, shall be of sufficient width, 
and not less than thirty two feet wide in any part thereof. 
be^erected^wiTen -^^^ whcu the Said road shall be sufficiently made from 
the road is said Ncwbuiypoi't to Said Chelsea Bridge, and shall be so 
approve . allowcd by any three men to be appointed by His Excel- 
lency the Governor of this Commonwealth, for that pur- 
pose, then the said Corporation shall be authorized to 
erect three turnpike gates, at such convenient distances 
within the said road, as a majority of the proprietors by 
them or their Officers, shall direct : Provided that neither 
of the gates aforesaid, shall be placed on any part of the 
roads heretofore travelled ; and shall be entitled to receive 
at each one of the said gates, from each traveller and pas- 
Rates of ton. senger, the following rate of toll, to wit. For every coach, 
phaeton, chariot or other four wheel carriage for the con- 
veyance of persons, drawn by two horses, twenty five 
cents, and if drawn by more than two horses, an addi- 
tional sum of four cents for each horse. For every cart, 
waggon, sleigh or sled, or other carriage of burthen, drawn 
by two oxen or horses, twelve and an half cents, and if 
by more than two, an additional sum of three cents for 
every such ox or horse. For every curricle sixteen cents. 
For every sleigh for the conveyance of passengers drawn 
by two horses, twelve and an half cents, and if drawn by 
more than two, an additional sum of three cents for each 
horse. For every sled or sleigh drawn by one horse, 



Acts, 1802. — Chaptek 120. 265 

ten cents. For every chaise, chair or other carriage 
drawn by one horse, twelve and an half cents. For every 
man and horse five cents. For all oxen, horses and neat 
cattle led or driven, besides those in teams and carriages, 
one cent each. For all sheep and swine three cents by 
the dozen ; and in the same proportion for a greater or 
less number. Provided that the General Court may here- 
after otherwise regulate the tolls to be paid by carts and 
was^ons accordino; to the width of the fellies of the wheels 
on which they shall run, and the burdens which they shall 
carry. 

Sec. 4th. And be it further enacted. That said Cor- corporation ai. 

, Till 11 I'lii lowed to hold 

poration may purchase and hold any land, over which they the necessary 
may make said road ; and the Justices of the Court of ^^^^' 
General Sessions of the Peace in the respective Counties 
through which it passes, are hereby authorized on appli- 
cation from the said Corporation to lay out such road, or 
any part thereof within their respective jurisdictions, as 
with the consent of the said Corporation, they may think 
j)roper. And the said Corporation shall be holden to pay 
all damages which shall arise to any person, by taking his 
land for such road, where it cannot be obtained by volun- 
tary agreement, to be estimated by a Committee appointed 
by the Court of General Sessions of the Peace in the 
County in which such damage shall arise ; saving to either 
party a right of trial by Jury according to the law which 
makes provision for the recovery of damages happening 
by laying out public highways. 

Sec. 5th. And be it farther enacted, That if the said ll'^l^H^'^^l^. 
Corporation or their tollgatherer, or others by them em- sengerBand 
ployed shall unreasonably delay or hinder any, passenger iiiegaitoii. 
or traveller at either of said gates, or shall demand or 
receive more toll than is by this Act established, the Cor- 
poration shall forfeit and pay a sum not exceeding ten 
dollars nor less than two dollars, to be recovered before 
any Justice of the Peace, of the County where the offence 
may be committed ])y any person injured, delayed or de- 
frauded, in a special action of the case, the writ in which 
shall be served on said Corporation by leaving a copy of 
the same with the Treasurer or some individual member 
of said Cor)>oration, living in the County where the said 
action may be l)rought, or by reading the same to said 
Treasurer or individual member, at least seven days before 
the day of trial ; and the Treasurer of said Corporation or 



266 



Acts, 1802. — Chapter 120. 



Penalty for 
injuring the 
gates or road. 



Exemptions 
from the toll. 



Shares to be 
deemed per- 
sonal estate 
and may be 
attached, &c. 



individual member, shall be allowed to defend the same 
suit in behalf of the said Corporation ; and the said Cor- 
poration shall be liable to pay all damages that shall 
happen to any person from Avhom the toll is demandable 
for any damage which shall arise from the defect of 
bridges or want of repairing said ways ; and shall also be 
liable to presentment by the Grand Jury for not keeping 
the same in good repair. 

Sec. 6th. And he it further enacted^ that if any per- 
son shall cut, break down, or otherwise destroy any of 
said gates, or shall dig up or carry away any earth from 
the said road, or in any manner damage the same; or 
shall forcibly pass, or attempt to pass by force said gates, 
without iirst having paid the legal toll at such gate, such 
person shall forfeit and pay a fine not exceeding fifty 
dollars, and not less than ten dollars, to be recovered by 
the Treasurer of said Corporation to their use, in an 
action of trespass on the case. And if any person with 
a team, cattle or horses, turn out of said road to pass any 
of the turnpike gates aforesaid, and again enter said road, 
with an intent to avoid any toll established as aforesaid, 
such person shall forfeit and pay three times as much as 
the legal toll at such gate or gates established as afore- 
said, to be recovered by the Treasurer aforesaid to the 
use aforesaid, in action of debt. Provided that nothing in 
this Act shall extend to entitle the said Corporation to 
demand or receive toll of any person who shall be passing 
with his horse or carriage to or from public worship, or 
with his horse team or cattle to or from his common 
labour, or to or from any mill, or on the common or 
ordinary business of family concerns within the said town, 
or from any person or persons passing on military duty. 

Sec. 7th. And he it further enacted. That the shares 
in said road, shall be deemed personal estate, to all in- 
tents & purposes, and shall be transferable by deed duly 
acknowledged before any Justice of the peace, and re- 
corded by the Clerk of the said Corporation in a book to 
be kept tor that purpose ; and when any such share shall 
be attached on mesne process or taken in execution, an 
attested copy of such writ of attachment or execution, 
shall at the time of the attachment or taking in execution, 
be left with the Clerk of said Cor[)oration, otherwise the 
attachment or taking in execution shall be void ; and such 
shares may be taken and sold by execution in the same 



Acts, 1802. — Chapter 120. 267 

manner as other personal estate ; and the Officer or judg- 
ment creditor leaving a copy of such execution, with the 
return thereon, with such Clerk, within fourteen days 
after such sale, and paying for the recording thereof, shall 
be deemed, a sufficient transfer of the same. 

Sec. 8th. And be it further enacted. That the said Account of cost 
Corporation shall withm six months alter said turnpike annual returns 
road shall be completed, lodge in the Secretary's Office 
an account of all the expenses of said road, and the said 
Corporation shall annually exhibit to the Governor and 
Council a true account of the income or dividend arising 
from said toll, with the necessary annual disbursements 
on said road ; and the books of the said Corporation shall 
at all times be subject to the inspection of a Committee to 
be appointed by the General Court, or to the inspection 
of the Governor & Council, when called for. 

Sec. 9th. And be it further enacted That whenever shares of deiin- 
any proprietor shall neglect or refuse to pay any tax or ?oTB°raay°br^ 
assessment duly voted and agreed upon by the said Cor- ^°^^' 
poration, to their Treasurer, within thirty days after the 
time set for the payment thereof, the Treasurer of said 
Corporation is hereby authorized to sell at public vendue 
the share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray said taxes and neces- 
sary incidental charges, after duly notifying in one or more 
public Newspapers printed in the County of Essex, and 
the Newspaper printed in Boston, by the printers of the 
General Court, the sum due on such shares, and the time 
and place of sale, at least thirty days previous to the time 
of sale, & such sale shall be a sufficient transfer of such 
share or shares so sold, to the person purchasing the same ; 
and on producing a certificate from the Treasurer to the 
Clerk of said Corporation, the name of such purchaser, 
with the number of shares so sold, shall be by the Clerk 
entered on the books of the said Corporation, and such 
person shall be considered to all intents, the proprietor 
thereof, and the overplus, if any there be, shall be paid 
on demand by the Treasurer, to the persons whose shares 
were then sold. 

Sec. IOth. And be it further enacted, That the Gen- corporation 
eral Court may dissolve the said Corporation, whenever it "wed when 
shall appear to their satisfaction, that the said income wunntrr*elt. 
arising from said toll shall have fully compensated the 
said Corporation, for all monies they may have expended 



268 



Acts, 1802. — Chapter 121. 



The toll may be 
com muled. 



Monies may be 
gruDled certain 
persons. 



in purchasing, repairing and taking care of the said road, 
together with an interest thereon at the rate of twelve 
dollars on the hundred for a year from the time of the 
same ; and thereupon the interest in the said turnpike 
road shall vest in the Commonwealth. Provided that if 
the said Corporation shall neglect to complete said turn- 
pike road for the space of five years from the passing of 
this Act, the same shall be void and of no effect. 

Sec. 11th. And be it further enacted, That the said 
Corporation be, and it is hereby empowered to commute 
the rate of toll with any person, or with the inhabitants 
of any town through which their turnpike road is made, 
by taking of him or them any certain sum annually, or for 
a less time, to be mutually agreed on, in lieu of the toll 
established in and by this Act. 

Sec. 12th. And be it further enacted. That the said 
Corporation is hereby allowed to grant monies to such 
persons as rendered services to the proprietors in explor- 
ing the route of the turnpike road, or otherwise, previous 
to the Act of incorporation. And the said Corporation is 
hereby authorized to purchase and hold other real estate 
adjacent to, and for the accommodation of the said road, 
to the amount of twenty thousand dollars. 

Approved March 8, 1803. 



Preamble. 



Lime to be 
packed in new 
casks. 



1803. — Chapter 131. 

[January Session, ch. 83.] 

AN ACT FOR THE FURTHER PROTECTION OF THE MANUFACT- 
URES OF STONE LIME WITHIN THIS COMMONWEALTH. 

Whei^eas Lime Casks, whicJi have been filled at various 
Lime-Jvilns, and have been branded as the Law requires, 
after being brought to market, sold, and einptied, are gen- 
erally a perquisite of labourers or apprentices, and are sold 
by them promiscuously to other manufactures, at a loiv 
price, unthout defacing the first brands, and are again 
filed with lime at other Kilns, greatly to the detriment 
and injury of those whose name they bear, 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That all Stone Lime shall be packed 
into New Casks, and brought to Market in the same, in- 
spected and branded as the Law provides. 



Acts, 1802. — Chapter 122. 269 

Sec. 2d. And be it further enacted. That each and Pe^^^tie^- 
every person, who shall violate or evade the true intent 
and meaning- of this Act, on conviction thereof shall be 
liable to all the penalties, and forfeitures, provided by the 
second section of an Act, entitled, "An Act ascertain- 
ing the quality of Stone Lime, and the size of Lime 
Casks, and for repealing all laws heretofore made relative 
thereto," passed the twenty-seventh of February, one 
thousand seven hundred and ninety-four. And this act 
shall be in force and operation from and after the first day 
of May next. Approved March 8, 1S03. 

1802. — Chapter 133. 

[January Session, ch. 84.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
THE PRESIDENT DIRECTORS & COMPANY OF THE SACO BANK. 

Whereas Thomas Cutts & others, have by their petition Preamble. 
to this Court setfortJi, that they have subscribed to a fund 
for the establisliment of a Bank in the town of Pepper el- 
borowjh, and have prayed to be incorporated for that pur- 
pose — Titer ef ore 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That Thomas Cutts, Thomas G. p^^^^°°^^ '°''°'"- 
Thornton, Seth Storer, Jeremiah Hill, Foxwell Cutts, 
Daniel Cleves, Ichabod Fairfield, Asa Stephens, Amos 
Gordon, Daniel Granger, Joseph Leland, Phinehas 
Kelley, Jonathan Cleves, Ephraim Lock, Richard Cutts, 
Dominicus Cutts, Jonathan Tucker, Samuel Peirson, Jere- 
miah Hill, Samuel Colyer, David Warren, Cyrus King, 
John Chad wick, George Thatcher, Prentiss Mellen, Aaron 
Porter, Thomas Cutts Junr., William Freeman, Samuel 
Hartley, James B. Thornton, Edmund Coffin and their 
associates, successors and assigns, shall be, and hereby corporate 
are erected and made a Corporation by the name of The °"™''* 
President, Directors-and Company of the Saco Bank, and 
shall so continue untill the first Monday of October, one 
thousand eight hundred and twelve ; and by that name 
shall be, and hereby are made capable in law to sue and 
be sued, plead and l)e impleaded to, defend and be de- 
fended in any Court of Record, or any other place what- 
ever, and also to make, have and use a common seal, and 
the same again at pleasure to break, alter and renew ; 



270 



Acts, 1802. — Chapter 122. 



Capital stock, 
and value of 
Bbares. 



and also to ordain, establish and put in execution such 
bye laws, ordinances and regulations as to them shall 
appear necessary and convenient for the government of 
the said Corporation, and the prudent management of 
their affairs, provided such bye laws ordinances and regu- 
lations shall in no wise be contrary to the Constitution & 
Laws of this Commonwealth ; and the said Corporation 
shall be always subject to the rules, restrictions, limita- 
tions and provisions herein prescribed. 

Sec. 2d. And be it further enacted. That the capital 
stock of said Corporation shall consist of a sum, not more 
than One hundred thousand dollars in gold and silver, and 
shall be divided into shares of one hundred dollars each ; 
& the stockholders at their first meeting, shall, by a ma- 
jority of votes determine the amount of the payments to 
be made on each share, also the mode of transfering and 
disposing of the stock, and profits thereof, which being 
entered on the books of said Corporation, shall be bind- 
ing on the stockholders, their successors and assigns — pro- 
vided that no money shall be loaned or discounts made, 
nor shall any bills or promisory notes be issued from said 
Bank, untill the capital subscribed & actually paid in, and 
existing in gold and silver, in their vaults, shall amount 
to fifty thousand dollars, and the remaining moiety shall 
be paid in gold and silver, in two annual instalments, the 
first of which shall be on or before the first day of Octo- 
ber One thousand eight hundred and four, and the other 
on or before the first day of October, One thousand eight 
fsut^aiiowed"' hundred and five. And the said Corporation are hereby 
made capable in law, to have, hold, purchase, receive, 
possess, enjoy and retain to them, their successors and 
assigns, lands, tenements and hereditaments to an amount 
not exceeding fifteen 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, & 
effects by discounting on banking principles, on such se- 
curity as they shall think adviseable. Provided however 
that nothing herein contained shall restrain or prevent the 
said Corporation from taking and holding real estate in 
mortgage to any amount as collateral security for the pay- 
ment of any debt due to the said Corporation. 

Sec. 3d. And he it further enacted, That the follow- 
ing rules, limitations and provisions, shall form, and be 
the fundamental articles of the said Corporation. — 



to be held. 



Acts, 1802. — Chapter 122. 271 

First. That the said Corporation shall not issue & obligations &c. 

... i , 1 . 1 ^°^ t° exceed 

have in circulation at any one time, bills, notes, or obhga- twice tiie 
tious, to a greater amount than twice the stock actually paid in. 
paid in, neither shall there be due to the said Bank at any 
one time, more than twice the amount of the capital act- 
ually paid in as aforesaid. And in case of any excess the 
Directors under whose administration it may happen, 
shall be liable for the payment of the same in their pri- 
vate capacities, but this shall not be construed to exempt 
the Corporation or any estate real or personal which they 
may hold as a body corporate from being also liable for 
and chargeable with said excess. 

Second. The said Corporation shall not vest, use or corporation not 
improve any of their monies, goods, chatties or eflects in 
trade or commerce, but may sell all kinds of personal 
pledges lodged in their hands by way of security, to an 
amount sufficient to reimburse the sum loaned. 

Third. That the lands, tenements and hereditaments, Restrictions as 
which said Corporation shall hold, shall be only such as 
shall be requisite for the convenient transaction of its bus- 
iness, and such as have been bona fide mortgaged to it by 
way of security, or conveyed to it by way of satisfaction 
of debts previously contracted. 

Fourth. None but a member of said Corporation, be- President to be 
iag a citizen of this Commonwealth, and resident therein, toglve'bon^d's?'^ 
shall be eligible for a Director or Cashier, and the Direc- 
tors shall choose one of their own members to act as Pres- 
ident ; and the Cashier before he enters on the duties of 
his Office, shall give bonds with two sureties, to the satis- 
faction of the Board of Directors, in a sum not less than 
eight thousand dollars, with conditions for the faithful 
discharge of his Office. 

Fifth. No Director of any other Bank, shall be eligible Directors of 
to the office of Director of this Bank, although he may eligible. 
be a stockholder therein ; and any director accepting an 
Office in any other Bank, shall be deemed to have vacated 
his place in this Bank. 

Sixth. That for the well ordering of the affiiirs of said Annual meeting 

r^ • • r- 1 111! 1111111 or stockholders. 

Corporation, a meeting oi the stockholders shall be held 
at such place as they shall direct on the first Monday of 
October annually ; and at any other time during the con- 
tinuance of said Corporation, at such place as shall be 
appointed by the President and Directors for the time 
being, by public notification being given two weeks pre- 



272 



Acts, 1802. — Chapter 122. 



Number of 
directors. 



President may 
be paid. 



Board of 
directors. 



No bills less 
than five dolls, 
to be issued. 



Dividends. 



Cashier and 
clerks to be 
appointed. 



Location of 
bank. 



Money to be 
loaned the 
Commonwealth 
when required. 



viously thereto, at which annual meeting there shall be 
chosen b}^ ballot, five Directors, to continue in Office the 
year ensuing their election, and the number of votes to 
which each stockholder shall be entitled, shall be accord- 
ing to the number of shares he shall hold in the following 
proportions, that is to say, for one share one vote, and 
every two shares above one, shall give a right to one vote 
more : provided no one member shall have more than ten 
votes, and absent members may vote by proxy, being 
authorized in writing. 

Seventh. No Director shall be entitled to any emolu- 
ment for his services, but the stockholders may make the 
President such compensation as to them shall appear 
reasonable. 

Eighth. Not less than three Directors shall constitute 
a Board for the transaction of business, of whom the 
President shall always be one, except in case of sickness 
or necessary absence, in which case the Directors pres- 
ent may choose a chairman for the time being in his 
stead. 

Ninth. All bills issued from the Bank aforesaid, and 
signed by the President, shall be binding on the Corpora- 
tion ; but it shall not be lawful for them to issue bills of a 
less denomination than five dollars. 

Tenth. The Directors shall make half yearly dividends 
of all the profits, rents, premiums and interests of the 
Bank aforesaid. 

Eleventh. The Directors shall have power to appoint 
a Cashier, Clerks and such other officers for carrying on 
the business of said Bank, with such salaries as to them 
shall seem meet. 

Sec. 4th. And he it further enacted^ That the said 
Bank shall be established and kept in the town of Pep- 
perelborough aforesaid. 

Sec. 5th. Be it further enacted That whenever the 
Legislature shall require it, the said Corporation shall 
loan to the Commonwealth ten thousand dollars reimburse- 
able by five annual instalments or any shorter period, at 
the election of the Commonwealth, with the annual pay- 
ment 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 Corpora- 
tion, without their consent, for a larger sum than twenty 
thousand dollars. 



Acts, 1802. — Chapter 122. 273 

Sec. 6th. Be it further enacted, That the share or shares and div- 
shares ot any member ot said Corporation, with the divi- attachment. 
dends due thereon, shall be liable to attachment and exe- 
cution in favour of any bona fide creditor in manner 
following vizt. Whenever a proper Officer having a writ 
of attachment or execution against any such member, shall 
apply with such writ or execution to the Cashier of said 
Bank it shall be the duty of such Cashier to expose the 
books of the Corporation to such Officer, & furnish him 
with a Certificate under his hand, in his official capacity, 
ascertaining the number of shares said member holds in 
said Bank, and the amount of the 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 execution shall be left with the 
said Cashier Sc such share or shares may be sold on exe- 
cution, after the same notification of time and place of 
sale, and in the same mode of sale as other personal prop- 
erty, and it shall be the duty of such Officer making 
such sale, within ten days thereafter, to leave an attested 
copy of the execution with his return thereon with the 
Cashier of the Bank, and the vendee shall thereby become 
the proprietor of such share or shares, and entitled to the 
same, and to all the dividends which have accrued thereon 
afier the taking in execution as aforesaid, or where there 
shall have been a prior attachment, after such attachment, 
notwithstanding any intervening transfer. 

Sec. 7tii. Be it further enacted. That any Committee LegiBiative 
specially appointed by the Legislature for that purpose, ml^'^ximine 
shall have a right to examine into the doings of said Cor- '^°°'^*' ^'^• 
poration, and shall have free access to all their books and 
vaults; and if upon such an examination it shall be found, 
and after a full hearing of said Corporation thereon, be 
determined by the Legislature that said Corporation have 
exceeded the powers herein granted them, or failed to 
comply with any of the restrictions and conditions in this 
Act provided, their incorporation may thereupon be de- 
clared forfeited and void. 

Sec. 8. And he it further enacted, that the persons First meeting, 
herein before named or any three of them, are authorised 
to call a meeting of the members and Stockholders of said 
Corporation as soon as may be, at such time & place as 
they may see fit by giving public notice thereof two weeks 
at least previous to said meeting, for the purpose of mak- 



274 



Acts, 1802. — Chapter 122. 



Serai. annual 
stateiuentB to 
be made to the 
Governor and 
Council. 



The Common- 
wealth may 
subscribe to 
capital stock. 



Original amount 
of altered bills 
to be paid. 



Bank may be 
taxed. 



Part of capital 
to be devoted 
to agricultural 
interest. 



ing, ordaining & establishing such bye- laws, Ordinances 
& regulations for the orderly conducting the afl'airs of the 
said Corporation, as the said Stockholders shall deem 
necessary, and for the choice of the first board of Direc- 
tors, and such other Officers as they shall see fit to choose. 

Sec. 9. Be it further enacted, That it shall be the 
duty of the Directors of said Bank to transmit to the 
Governour & Council for the time being once in every 
six months at least, and as much oftener as they may re- 
quire, accurate and just Statements of the amount of the 
Capital Stock of said Corporation, & of the Debts due to 
the same, of the monies deposited therein, of the Notes 
in circulation, of the Gold and Silver & other coined 
Metals on hand, and of the Notes of other Banks, which 
Statement shall be signed by the President and Directors, 
and attested by the Cashier. 

Sec. 10. Be it further enacted, That the Commonwealth 
shall have a right whenever the Government thereof shall 
make provision by Law, to Subscribe to and be interested 
in the Capital Stock of said Bank in a sum not exceeding 
one third part thereof, subject to the rules, regulations 
& provisions to be by them made and established. 

Sec. 11. Be it further enacted. That the said Cor- 
poration shall be liable to pay any bona fide holder the 
original amount of any Note of said Bank counterfeited or 
altered in the course of its circulation to a larofer amount, 
notwithstandmg such alteration. 

Sec. 12. Be it further enacted, That nothing con- 
tained in this Act, shall be construed to prevent the 
Legislature from taxing said Bank at any time hereafter 
whenever they shall judge it expedient. 

Sec. 13. Be it further enacted. That one eighth part 
of the funds of said Bank shall always be appropriated to 
Loans to be made to Citizens of this Commonwealth, and 
wherein the Directors shall wholly and exclusively regard 
the Agricultural interest, which Loans shall be made in 
sums not less than One hundred Dollars nor more than 
Five Hundred Dollars, and upon the personal bond of 
the Borrower, with collateral security by sufficient Mort- 
gage of Real Estate, for a term not less than one Year, 
and on condition of paying the Interest annually on 
such Loans, subject to such forfeiture and right of re- 
demption as by law provided. 

Approved March 8, 1803. 



Acts, 1802. — Chapter 123. 275 



1803. — Chapter 133. 

[January Session, ch. 85.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO IN- 
CORPORATE CERTAIN PHYSICIANS BY THE NAME OF THE 
MASSACHUSETTS MEDICAL SOCIETY." 

Whe7'eas the Act, entitled, '■^ An Act to incorporate cer- preamble. 
tain Phyfiicians, by the name of The Massachusetts Medi- 
cal Society," has been found, in its operation, insufficient 
to effect the important and desireable pwposesfor which it 
was designed: 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that the Fellows for the time being society may 
of the said Massachusetts Medical Society, in any meeting |eno\vl ^"they 
or meetings, to be called and holden for the purpose, shaiiBeem. 
before the next annual meeting, shall have authority to 
elect into that Corporation, and to be Fellows thereof, 
such, and so many suitable persons, being Physicians or 
Surgeons, resident within this Commonwealth, as they 
shall see fit, any thing in the Act, to which this is in addi- 
tion, to the contrary notwithstanding. Provided, that all 
persons, so elected, shall, within one year after such elec- 
tion, subscribe the Bye-Laws of the said Society, or other- 
wise declare, in writing, their assent thereto, or such 
election shall be void. 

Sect. 2d. And be it further enacted, that at the next counseiiorB to 
annual meeting of the Fellows of the said Society, and 
afterwards at every annual meeting thereof, there shall be 
chosen, by ballot, in which any absent member may vote 
by his proxy, duly authorized in writing, so many Coun- 
sellors as the said Society shall, from time to time, judge 
necessary and expedient, who shall hold their OfBces for 
the year next ensuing their election, and until another 
election of Counsellors in their place ; and the Fellows, 
at their annual meetings, whenever such a number shall be 
present as the regulations of the Society may require, may 
revise, alter, enlarge, and repeal the Bye-Laws of the said 
Society, as the major part of the Fellows present may see 
fit, and not otherwise. 

Sect. 3d. And be it farther enacted, that the Counsel- Meetings of 
lors 01 the said Corporation, and their successors after 
them, shall assemble and convene, three times in the year, 



276 



Acts, 1802. — Chapter 123. 



Examiners to 
be appointed. 



Honorary 
mem berg may 
be elected. 



Meetings of 
examiners. 



at such times and places, as the bye laws of the said Cor- 
poration shall hereafter direct: — Provided, that the first 
meeting be within thirty days after the annual meeting of 
the said Society, and the said Counsellors shall assemble 
and convene at any other times, as the bye-laws of the 
said Corporation shall hereafter direct, and whenever 
notified to convene by their presiding ofiicer ; and the 
meetings of the said Counsellors shall be held in the town 
of Boston, or as near thereto as may be, and at the said 
first meeting of the Councellors, after the annual meeting 
of the said Society, the said Councellors shall proceed to 
appoint, from among themselves, a President, and such 
other Ofiicers of the said Corporation as are and shall 
be required in the Rules and Bye Laws thereof, to be so 
appointed ; likewise five examiners or Censors, for the 
examination of all persons, who, having been Students in 
medicine and surgery, agreably to the regulations of the 
said Society, shall offer themselves to be approved and 
licenced, as practising Physicians and Surgeons ; and the 
said Counsellors, at any of the three stated meetings of 
the same, and only at those meetings, and after three 
months nomination of every candidate, and not otherwise, 
by a major vote of those present, may elect any suitable 
person or })ersons, to be a Fellow or Fellows of the said 
Society : Provided, that all practising Physicians and 
Surgeons, resident Avithin this Commonwealth, who shall 
be so elected, shall, within one year after such election, 
subscribe the Bye-Laws of the said Society, or otherwise 
declare, in writing, their assent to the same, or such 
election shall be void ; and all persons, not practising 
Physicians or Surgeons or not resident within this Com- 
monwealth, who shall be so elected, may be deemed hon- 
orary members of the said society ; and at any meeting 
of the said Counsellors, they may fill any vacant office, 
and perform any other duties, as the Bye-Laws of the said 
Corporation shall direct. 

Sect. 4tii. And he it further enacted, that for the 
purpose of examining Candidates as aforesaid, three, at 
least, of the Examiners or Censors, who shall be appointed 
as aforesaid, shall be convened in the town of Boston, on 
the Thursday next preceeding the annual meetings of the 
said Society, and at such other times and places as the 
Bye-laws of the said Society shall direct ; and every can- 
didate who, upon examination, shall be approved by a 



Acts, 1802. — Chapter 123. 277 

majority of the said Examiners, shall be entitled to Letters Letters tesu. 
estimonial of their approbation, and of their licence, to ^ven%proved 
such candidate, to become a practitioner in medicine or «=^°«*i<i»'^^- 
surgery, under the hands of the Examiners consenting 
thereto; and to such letters testimonial, the Seal of the 
said Corporation, shall be affixed by the President or 
Secretary, if any there shall be, with the signature of the 
same ; and every person, who shall receive the said letters 
Testimonial, and such also as hereafter may be admitted 
to the Degree of Bachelor in Medicine at Harvard Uni- 
versity, shall be entitled to the use of the Libraries of the 
Society, under such restrictions as the Councellors may 
direct ; and after three years approved practice in Medi- 
cine and Surgery, and being of good moral character, and 
not otherwise, shall, u})on application and subscribing the 
Bye Laws as aforesaid, be admitted a member of the said 
Corporation while a resident Practitioner of medicine or 
surgery within this Commonwealth. 

Sect. 5th. And be it further enacted, that the said subordinate 

/• n /» societies may 

Counsellors, upon the application of any five members of be established. 
the said Society, may estal)lish, within such Districts and 
portions of this Commonwealth, as they shall think ex- 
pedient, Subordinate Societies, and meetings, to consist 
of the Fellows of the said Corporation residing within 
such Districts respectively, wherein the communication of 
cases and experiments may be made, and the diffusion of 
knowledge in Medicine and Surgery may be encouraged 
and promoted; and the Counsillors aforesaid, upon appli- be^appofmed'ou 
cation from such subordinate societies, may appoint five '^P^or^jiQ^te"^ 
examiners or Censors, within such Districts, who shall be societies. 
authorised and impowered to examine such candidates for 
the practice of Physic and Surgery, as shall present them- 
selves for such examination. And every candidate who, 
upon examination, shall be approved by a majority of the 
examiners or Censors aforesaid, shall be entitled to Letters 
Testimonial, in the same manner, as is provided in the 
fouith section of this Act. And the members of such 
Subordinate societies shall be holden to report to the 
Counsillors of the general Society, all such cases as may 
be selected for their importance and utility ; and the said 
subordinate Societies shall be subject to the regulations 
of the general Society, in all matters, wherein the general 
Society, shall bo concerned ; and the said Subordinate 
Societies may appoint their own officers, and estal)lish 



278 



Acts, 1802. — Chapter 124. 



Parts of former 
law repealed. 



The Fellows 
exempted from 
military duty. 



regulations for their particular government, not repugnant 
to the bye-laws of the general society ; and shall be capa- 
ble to purchase, and receive by donation, Books, Philo- 
sophical, and Chirurgical Instruments, or other personal 
property, and may hold and dispose of the same exclu- 
sively of any authority of the general Society. 

Sect. 6th. And be it furtJier enacted, th-dt all msitters 
and clauses, contained in the Act aforesaid, to incorporate 
certain Physicians by the name of the Massachusetts 
Medical Society, which are contrary to the purview of 
this act, shall be, and they hereby are repealed. 

Sect. 7. And be it further enacted, That the Fellows 
of the said Corporation shall not be liable to be enrolled 
or mustered in the militia of this Commonwealth. 

Api')roved March 8, 1803. 



Preamble. 



Persons incor- 
porated. 



Corporate 
Dame. 



Course of the 
road. 



1802. — Chapter 124. 

[January Session, ch. 86.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE CAMBRIDGE AND CONCORD TURNPIKE CORPORATION. 

Whereas the highway leading from Cambridge, thro' 
Lexington, to Concord is circuitous, and the expence, of 
making, straitening and keeping the same in good repair 
is much greater than can be reasonably required of the said 
towns — 

Sect. 1st. Be it enacted by the Senate and House oj 
Representatives, in General Court assembled, and by the 
authority of the same, that Jeduthun Willington, John 
Kichardson, Thomas Heald, Francis Jarvis, Charles 
Wheeler, William Wheeler, Jonas Lee, Richard Richard- 
son, John Stearns, Benjamin Kendall, Thomas Clark, 
Peter Clark, Ephraim Flint, Ephraim Flint junr. Daniel 
Brooks, Leonard Hoar and Abiel Abbot, together with 
such others as may hereafter associate with them and 
their successors, be and they hereby are made a Corpora- 
tion, by the name and style of The Caml)ridge & Concord 
Turnpike Corporation and by that name may sue and 
prosecute, and be sued and prosecuted, unto tinal judg- 
ment and execution, and shall have a common Seal, and 
exercise and enjoy all powers and privileges, which are 
usually given, and incident to similar corporations for 
making Turnpike roads : Begining at or near the dwelling 
house of Jonas Wyeth in Cambridge and from thence to 



Acts, 1802. — Chapter 124. 279 

continue a westerly course, south of Doctor Andrew 
Craige's summer house, and on said course to the Bridge 
over the river runing out of Fresh Pond so called, thence 
on said rout about thirty feet south of the dwelling house 
of Richard Richardson, thence on said rout, south of the 
dwelling hou«e of Joshua Kendal in said Cambridge thence 
on the said course, as near as the nature of the ground 
will admit near the dwelling house of Joseph Underwood 
in Lexington, thence on the said course near the dwelling 
houses of Benjamin Phinney and Thomas Tufts in said 
Lexington, thence on said course, near the dwelling houses 
of Abiel Abbot, Leonard Hoar, Timothy Brooks, and 
Daniel Brooks, in the town of Lincoln, thence on said 
course near the dwelling house of Thaddeus Hunt in the 
town of Concord, thence on said course on as strait a line 
as circumstances will admit, to the meeting house in Con- 
cord. And the said road shall not be less than four rods 
wide, and the Path to be travelled in, not less than twenty 
two feet wide in any part thereof; and when the said 
Turnpike road shall be sufficiently made, and approved 
of by a Committe appointed by the Court of General 
sessions of the Peace for the County of Middlesex, then 
the said Corporation shall be authorised to erect two Two gates to be 
Turnpike Gates on the said Road, in such manner as the "*^*'''"^- 
said Committee shall judge necessary and convenient for 
collecting the Toll. Provided that the said Gates, or 
either of them shall not l)e erected on any present trav- 
elled road. 

Sect. 2d. And be it farther enacted, that it shall be Rates of ton 
lawful for the said Corporation to demand and receive of '^'"* 
eatih traveller or passenger, at each of the said Gates, the 
following rates of Toll, Vizt. — For every coach, chariot, 
phaeton, or other four wheel carriage, drawn by two 
horses twenty five cents — , and if drawn by more than two 
horses, an additional sum of four cents for each horse ; 
for every cart or waggon, drawni by two oxen or horses 
ten cents ; and if drawn by more than two Oxen or horses, 
an additional sum of three cents for each ox or horse ; for 
every curricle sixteen cents ; for every chaise, chair, or 
other carriage drawn by one horse ten Cents ; — for every 
man and horse five Cents ; for every sled or sleigh, drawn 
by two Oxen or horses seven Cents, and if drawn by 
more than two oxen or horses, an additional sum of two 
Cents for each ox or horse ; for every sled or sleigh drawn 



280 Acts, 1802. — Chapter 124. 

by one horse five Cents, for all horses, mules, oxen or 
neat cattle, led or driven, besides those in teams and 
carriages, one cent each ; and for all sheep and swine at 
the rate of three Cents by the Dozen, and in that propor- 
tion for a greater or lesser number. And the said Cor- 
poration shall at each place, where the said Toll shall be 
collected, erect and keep constantly exposed to open view, 
a sign or board, with the rates of Toll, of all the tollable 
articles, fairly and legibly written thereon, in large or 
capital characters. Provided however that the said Cor- 
poration may when they see fit commute the rate of Toll, 
with any person or corporation, or with the inhabitants 
of any towu, thro' which the said road passes, by taking 
of him or them, a certain sum annually, to be mutually 
agreed on, in lieu of the toll aforesaid. 
Land may be Sect. 3d. Aiid be it further enacted, that the said 

purchased and i 

held. Damages Corporatiou may purchase and hold land, over which they 
land^rken."*^ may make the said road. And the said Corporation shall 
be holden to pay all damages, which shall arise to any 
person by taking his land for such road, where it cannot 
be obtained by voluntary agreement, to be estimated by 
a Committee, appointed by the Court of General Sessions 
of the Peace, of the County of Middlesex, saving to either 
party the right of trial by Jury, according to the Law, 
which makes provision, for the recovery of damages, aris- 
ing from the laying out of Highways. And no town, or 
private road or way, shall be opened into, or connected 
with the aforesaid Turn])ike road, without the consent of 
the said Corporation first had and obtained, excepting such 
town, or private road or way, as may be laid out crossing 
the said Turnpike road, and leading in diflerent directions 
therefrom. 
?njuHng g^a'tes ^Sect. 4th. And be it further enacted, that if any per- 
evadin'' "ton ^""^ ^^^" ^^^'^'^ wilfully Or maliciously cut, break down, or 
otherwise injure or destroy, either of the said Turnpike 
Gates, or Sign board, or shall dig up or carry away, any 
earth fi'om the said Koad, or in any manner damage the 
same, or shall forcibly pass, or attempt to pass the said 
gates by force, without having first paid the legal toll at 
such gale, such person shall forfeit and pay a fine not 
exceeding forty Dollars, nor less than two Dollars, to be 
recovered by the Treasurer of the said Corporation, to 
their use, in an action of trespass, or on the case ; and 
if any person with his team, cart, or horse, turn out of 



Acts, 1802. — Chapter 124. 281 

the said road, to pass any of the Turnpike gates, and 
again enter on the said road, with intent to evade the 
Toll, due by virtue of this Act, such person shall forfeit 
and pay, Three times so much as the legal toll would 
have been, to be recovered by the Treasurer of the said 
Corporation, to their use, in an action of debt, or on the 
case. Provided that nothing in this Act, shall extend to Exemptions 
entitle the said Corporation, to demand or receive toll of '^°™ 
any person, who shall be passing with his horse or car- 
riage to or from Public worship, or with his horse, team, 
or cattle, to or from his common labour on his farm, or to 
or from any grist mill, or on the common, or ordinary 
business of family concerns, within the same town, or 
from any person or persons passing on military duty. 

Sect. 5th. And be it further enacted, that if the said dliayi'ng^pas- 
Corporation, their Toll-gatherer, or others in their em- ^^ig^"' ^^c. 
ploy shall unreasonably delay or hinder any traveller or 
passenger, at either of the said gates, or shall demand 
and receive more toll than is by this act established, the 
said Corporation shall forfeit and pay a sum not exceed- 
ing Ten Dollars, nor less than one Dollar, to be recovered 
before any Justice of the Peace, (not being a Proprietor 
in said Corporation) of the County of Middlesex, by any 
person injured, delayed, or defrauded, in a special action 
of the case ; and the Writ in such action shall be served 
on the Corporation, by leaving a copy of the writ with 
the Treasurer, or with some individual member of the 
Corporation, at least seven days before the day of Trial ; 
and the said Treasurer or individual member, shall be 
allowed to defend the same suit in behalf of the Cor- 
poration. 

Sect. 6th. And be it further enacted, that the Shares in shares to be 
the same Turnpike Road, shall be taken, deemed, and con- Bonarestai^f- 
sidered to be personal Estate, to all intents and purposes, ^tlYched, &c. 
and may and shall be transferable ; and the mode of trans- 
fpring the said shares, shall be by Deed, acknowledged 
before any Justice of the Peace, and recorded by the 
Clerk of the said Corporation, in a Book to be kept for 
that purpose ; and when any of the said shares shall be 
attached on mesne process, or taken in execution, an at- 
tested copy of such writ of attachment or execution, shall 
at the time of the attachment, or taking in execution, be 
left with the Clerk of the said Corporation, otherwise such 
attachment or taking in execution, shall be void; and 



282 



Acts, 1802. — CuArTEK 124. 



Shares of delin- 
quent proprie- 
tors may be 
sold. 



First meeting 
of corporation ; 
oHlcers to be 
chosen, &c. 



such shares may be sold on execution, in the same man- 
ner, as is or may by Law be provided for the sale of per- 
sonal property by execution, the officer making the sale, 
or the judgment creditor, leaving a Copy of the execu- 
tion, and of the officers return on the same, with the 
clerk of the said Corporation, within fourteen days after 
such sale, and paying for recording the same. 

Sect. 7th. And be it furtlier enacted that whenever 
any proprietor shall neglect or refuse to pay any tax or 
assessment, duly voted and agreed upon by the said Cor- 
poration, to their Treasurer, within Sixty days after the 
set time for the payment thereof, the Treasurer of the 
said Corporation is hereby authorised to sell at public 
vendue the share or shares of such delinquent proprietor, 
one or more as shall be sufficient to defray said taxes, and 
necessary incidental charges, after duly notifying in two 
newspapers, printed in Boston, the sum due on any such 
shares, and the time and place of sale, at least twenty 
days previous to the time of sale ; and such sale shall be 
a transfer of the share or shares sold, to the person pur- 
chasing the same, and on producing a certificate of such 
sale from the Treasurer to the Clerk of the said Corpora- 
tion, the name of such purchaser, with the number of 
shares so sold, shall be by the said Clerk, entered on the 
books of the said Corporation, and such person shall be 
considered, to all intents and purposes the proprietor 
thereof, and the overplus, if any there be, shall be paid 
on demand, by the Treasurer to the person whose share 
or shares were thus sold. 

Sect. 8th. And he it further enacted that the first 
meeting of the said Corporation shall be held at the house 
of Phinehas Paine inholder in Concord, on the fourth 
Tuesday in March inst. at two of the Clock in the after- 
noon, for the purpose of choosing a Clerk, who shall be 
sworn to the faithful discharge of his trust, and such other 
officers, as shall then and there be agreed upon by the said 
Corporation, for regulating the concerns thereof; and may 
also agree upon such mode of calling future meetings as 
they shall judge proper. And each Proprietor in the said 
Turnpike road, or 1)y his agent duly authorised in writ- 
ing, shall have a right to vote in all meetings of the said 
Corporation, and shall be entitled to as many votes, as 
the said Proi)rietor has shares in the same : Provided his 
number in said shares do not exceed ten ; but no pro- 



Acts, 1802. — Chapter 124. 283 

prietor shall be entitled to more than ten votes, for any 
greater number of shares he may possess. 

Sect. 9th. And be it further enacted, that the said ^ost^orroadand 
Corporation shall, within six months after the said road tobe'ex'hiwt°d. 
is compleated, lodge in the Secretary's Office an account 
of the expences thereof; and that the said Corporation 
shall annually exhibit to the Governor and Council, a true 
account of the income or dividends arising from the Toll, 
with their necessary annual disbursements on the said 
road ; and that the books of the said Corporation, shall 
at all times be subject to the inspection of a Committee 
to be appointed by the General Court, or to the inspec- 
tion of the Governor and Council when called for. 

Sect. 10th. And be it further enacted, that the Gen- corporation 
eral Court may dissolve the said Corporation, whenever ^uxd^when in. 
it shall appear to their satisfaction, that the income aris- fntereBU^ ^'"^ 
ing from the Toll, shall have fully compensated the said 
Corporation, for all monies they may have expended, in 
purchasing, repairing, and taking care of the said road, 
together with an Interest thereon, at the rate of twelve 
per centum by the year, and thereupon the property of 
the said road shall be vested in this Commonwealth, and 
be at their disposal. Provided however, that if the said 
Corporation shall neglect to complete the said Turnpike 
Road, for the space of three years from the date of this 
act, the same shall be void and of no effect. 

Sect. 11th. And be it further enacted, that the said I^'p."''")!!""'" 
Corporation shall be liable to pay all damag-es which shall on account of 

roftu DGiDtj out 

happen to any person from whom toll is demandable by of repair, 
this Act, for any damage which shall arise from any de- 
fect of Bridges, or want of repairs within the same way ; 
and shall also be liable to a fine, on the presentment of the 
Grand Jury, for not keeping the same way, or the Bridges 
thereon in good repair ; and the towns thro' which the 
said Turnpike road may be made and laid out, shall be 
and hereby are discharged and exonerated, for and during 
the term of twenty Years from the time of the acceptance 
of the said road as aforesaid, of all costs and charges for 
the support amendment and repairs of said road, that 
might accrue against said towns, by reason of any laying 
out, or acceptance of said road by said Court of Sessions 
as a County Road, within the term aforesaid ; and also 
shall be acquitted, and saved harmless, from any actions, 
presentments, damages, and fines, on account of any defect 



284 



Acts, 1802. — Chapters 125, 126. 



in any part of said road ; and may give this Act in evi- 
dence to the jury, on the general issue pleaded, which 
shall be as evailable, as if plead in bar or discharge of 
such actions, or presentments. 

Approved March 8, 1803. 

1803. — Chapter 135. 

[January Session, ch. 87.] 

AN ACT PROVIDING FOR HOLDING THE COURT OF COMMON 
PLEAS IN THE COUNTY OF HANCOCK. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority 
of the same, That the Court of Common Pleas, next to be 
holden at Castine, in the County of Hancock, on the first 
tuesday of May next, may be holden by any two of the 
Justices of the same Court, together with the Senior 
Special Justice of said County, then present, and the said 
Court so constituted, may exercise all the powers vested 
in the Courts of Common Pleas by the Constitution and 
Laws of this Commonwealth. 

Approved March 7, 1803. 



Persons incor- 
porated. 



Corporate 
name. 



1803, — Chapter 136. 

[January Session, ch. 88.] 

AN ACT TO INCORPORATE ROBERT HOOPER AND OTHERS BY 
' THE NAME OF THE MARBLEHEAD INSURANCE COMPANY. 

Sect. 1st. Be it Enacted by the Senate and House 
of Representatives in General Court assembled and by the 
authority/ of the same, that Robert Hooper, Joseph Bar- 
ker, Henry Gallison, William Reed, Isaac Story, and all 
others their associates, being Citizens of the United States, 
who have or shall become, Stockholders in a Cap[i]tal 
Stock to be paid and employed in the manner and for the 
purposes hereinafter mentioned, shall be and they hereby 
are incorporated, and they and their successors and assigns 
shall be and continue, not exceeding the term of twenty 
years from and after the passing of this Act, a body Poli- 
tic and Corporate, by the name of the Marblehead Marine 
Insurance Company, and by that name the said Stock- 
holders may sue and be sued, implead and be impleaded, 
and shall and may appear, prosecute, and defend, in all 
actions and suits for or against them, until final judgment, 



Acts, 1802. — Chapter 126. 285 

execution, and satisfaction : and they shall have a common 
Seal, which they may make, alter, and renew, at their 
pleasure ; and shall be capable in Law, to take by pur- 
chase or otherwise, and to hold and convey, real estate, 
provided that the whole real estate, which the said Com- Amount of reai 
pany shall at any one time hold or possess, in their cor- ^*'''*®- 
porate Capacity, shall not exceed five thousand dollars in 
value. 

Sect. 2d. And be it further enacted^ that the Capital fapuafand 
Stock of the said Company, including their real estate, value of shans. 
and exclusive of their accruing profits, premiums, and 
dividends, shall be one hundred thousand dollars, and 
shall be divided into one thousand Shares of one hundred 
dollars each, of which fifty dollars at the least on each 
share, shall be paid within thirty days after the first meet- 
ing of the said Company ; and the remainder of each share 
shall be paid within One hundred and twenty days after 
the said first meeting, at such instalments, and under such 
penalties for any failure therein, as the said Company 
shall direct. Provided that in the event of any loss or 
losses, from the part which shall be first paid of the said 
Capital Stock, every Stockholder shall be liable for the 
remainder of his share and shares, to be demanded, and 
after ten days public notice thereof to be sued for and 
recovered against him by the said Company to the uses 
of this institution ; and provided, that no transfer of any 
share or shares in the said Capital Stock, shall be per- 
mitted, or shall be, valid, until the instalments thereof 
shall be fully paid as aforesaid. 

Sect. 3d. And he it further enacted, that the said ^i''«' meeting. 
Company shall have their first meeting on the second 
monday of April next at such hour and place in Marble- 
head aforesaid, as the said Robert Hooper, Joseph Barker, 
Henry Gallison, William Reed, and Isaac Story, or any 
three of them shall appoint ; and of which they shall give 
ten days previous notice, by an advertisement in the Salem 
Gazette. And at the said first meeting, or some adjourn- 
ment thereof, the said Company, or those of them who 
shall be then and there assembled, shall agree and deter- 
mine, by what instalments, conformably to the terms 
herein before limited, and under what penalties for any 
failure therein, the shares of their said Capital Stock shall 
be paid: & shall elect by ballot. Seven Directors, who Directorate be 
being sworn to the faithful discharge of their trust before '='^°^^°> ^''- 



286 



Acts, 1802. — Chapter 126. 



A preBident to 
be chosen. 



Meetings of 
stockholders. 



Restriction as 
to votes. 



some Justice of the Peace for the County of Essex, shall 
continue in oflSce until the first Monday in January next, 
and until another election of Directors. And on the said 
first monday in January next, and afterwards on the like 
day annually, during the continuance of this Incorpora- 
tion, the said Company shall be convened in such manner 
as they shall direct : And at such annual meeting seven 
directors shall be elected in the like manner as aforesaid, 
and being sworn as aforesaid, shall continue in office for 
the year then next ensuing, and until others shall be 
chosen, and sworn in their place. Provided that no per- 
son shall be capable of being elected, or of continuing a 
Director in the said Company, who is not a Stockholder 
therein, or who is a Director in any other Insurance 
Company. 

Sect. 4th. And he it farther enacted, that the seven 
directors, who shall be first elected as aforesaid, and their 
successors afterwards annually, or the majority of them, 
shall, as soon as may be after every election convene at 
the place of the meeting of the said Company, or as near 
thereto as may be, and shall choose one of their number 
to be president : and in any vacancy of the President, or 
other Director, a meeting of the Stockholders shall be 
called for the appointment of a director, and by a like 
election or elections, as aforesaid, such vacancy shall be 
supplied until the next ensuing annual election. 

Sect. 5tii. And be it further enacted, that the Stock- 
holders may be convened by the President, or by a major- 
ity of the Directors, whenever he, or they shall think fit : 
and it shall be the duty of the President, and of the other 
Directors to call a meeting of the Stockholders, whenever 
seven Stockholders other than the Directors shall require 
it. Meetings of the Stockholders may be notified by an 
advertisement in some Gazette printed at Salem ten days 
at the least previous thereto, or in such other manner, as 
the Stockholders shall prescribe. At every meeting of 
the Stockholders, they shall chuse one or more Stock- 
holders, not exceeding three, to preside therein, & whose 
duty it shall be to collect the Votes, & record the trans- 
actions of the meeting. Elections and other questions 
shall be determined by a Majority of Votes, reckoning 
one vote to five shares ; provided that no Stockholder 
shall have more than ten votes ; & provided that in the 
election of Directors, Stockholders not present may vote 



Acts, 1802. — Chapter 126. 287 

by Proxy, under such regulations as the Directors shall 
prescribe. 

Sect. Gth. A7id be it furtJiei^ enacted that the first, faTiarstock!*^ 
and other instalments, of the shares aforesaid, in the said 
Capital Stock, shall be paid to the said President & Di- 
rectors, or at such place, as they shall prescribe & notify. 
And it shall l>e the duty of the said President & Directors 
to invest, within Six months after payment of each instal- 
ment, the whole amount of their receipts for the Capital 
Stock, of the eaid Company, either in the funded Debt of 
the United States, or of this Commonwealth, or in the 
Stock of the Bank of the United States or of some incorpo- 
rated Bank wathin this Commonwealth, at their discretion. 

Sect. 7th. And he it further enacted, that after the Business 
sum of Fifty thousand Dollars shall be paid & received as 
aforesaid, upon the Capital Stock of the Said Company, 
& not before, the President and Directors of the said 
Company shall have authority, in the behalf and for the 
Account of the said Company, to engage and undertake 
Marine Insurances of every kind ; more especially, insur- 
ances upon vessels, their lading & freight, and against 
the captivity, & upon the life of any person during his 
absence by sea, and upon Bottomry & Respondentia 
Bonds & Contracts ; provided, that the said Company, 
or their Directors shall not directly, or indirectly deal or 
trade in buying or selling any goods, wares, merchandise 
or Commodities whatsoever. 

Sect. 8th. And he it further enacted. That the Presi- for^'toapSnt 
dent & Directors of said Company shall manage the Stock °^'''^" ?°.'* , ^ 
and })roperty & Conduct the affairs, undertakings, & con- 
cerns of said Company conformably to the purposes of 
their association, and the authoritys and priviledges hereby 
granted them. The said President & Directors shall hold 
Stated meetings, once at the least in every month, & shall 
be convened by the President, or by any two Directors, 
whenever they shall think fit. Any four of the Directors 
shall be a quorum for the transaction of business ; all 
questions before them shall be decided by a majority of 
the votes present. They shall have power to establish 
annually a reasonable Salary for their President, to ap- 
point and employ a Secretary, a Clerk, and such other 
agents & servants, as they shall find necessary, cS: to grant 
them reasonable Salaries & compensations. They shall 
have authority to make & prescribe reasonable bye laws 



& 



288 



Acts, 1802. — Chapter 126. 



President and 
connmittee of 
directors to 
transact busi- 
ness. 



In case of losses 
affecting the 
capital. 



Serai-annual 
dividends to be 
made. 



and regulations for the goverment of their Officers, 
Agents and Servants ; and respecting the meetings of the 
Stockholders, & of the Directors, & the mode of establish- 
ing proxies, and of voting in such meetings respectively, 
and respecting the Transfer of shares, the transaction of 
the ordinary business of the Company, and the disposi- 
tion, and'^manaojement, of their estate. Stock and effects. 
Provided, that such bye-Laws and regulations shall not be 
repugnant to the Constitution, and Laws of this Common- 
wealth. 

Sect. 9tii. And be it further' enacted, that the President 
and two other Directors, to be appointed in rotation by 
the President, shall be a committee to convene daily for 
the transaction of business, and shall, during the pleasure 
of the Directors, have authority to make contracts of in- 
surance. And all Policies of Marine insurance, which 
shall be Subscribed by the President, or, in any vacancy 
of that office, or in the case of his sickness, disability, or 
absence, by any four Directors, & countersigned by their 
Secretary, or Clerk, shall be valid and effectual against 
the said Company : & every adjustment or settlement, 
which shall be made by the President & Directors, of 
los[s]es and Claims arising under such Policies, shall be 
conclusive against the said Company. 

Sect. 10th. And be it further enacted, that in the 
event of any loss or losses from the Capital Stock of said 
Company and equal to the amount, which shall be at the 
time actually paid & received as aforesaid, the President 
& Directors of the said Company, who after notice of 
such loss or losses, shall undertake for the said Company 
in any other Policy of insurance, shall be liable, jointly & 
severally, in their own persons & estates, for the deficiency 
of the said Capital Stock to discharge the loss or losses, 
if any, which shall arise thereon. 

Sect. IItii. And be it further enacted, that the Pres- 
ident & Directors of the said Company, on the last Mon- 
day of December next and afterwards, half yearly, on the 
last Monday of June & December in every year, shall 
and may divide, at an equal rate to each share in said 
Capital Stock, so much of the interest and nett profits, 
which shall have accrued thereon, other than monies and 
demands paid or payable upon risks outstanding & unde- 
termined, as to them shall appear reasonable ; and such 
dividends shall be declared, & shall be payable at the 



Acts, 1802. — CnArTER 126. 289 

office of the Company : provided that no dividend shall 
be made after any diminution of the said Capital Stock 
until the same shall have been, from the said accruing 
profits, or otherwise, reestablished at the original amount. 

Sect. 12tii. And be it further enacted, that once in a triennial 
every three years at the least & whenever a Majority of affa?Mto'be 
the Stockholders shall require it, the Directors for the ™*''^- 
time being, shall lay before the Stockholders at their an- 
nual meeting, or at an especial meeting to be called for 
the purpose, a particular statement of the affairs of the 
Company, and of their estate & effects, & of the remain- 
ing profits, if any, which shall have accrued on their Cap- 
ital Stock, with the losses, & dividends on hand, if any, 
chargeable ao;ainst the same. 

Sect. ISth. And he it further enacted , that the shares shares iiawe to 
& property of every Stockholder in the said Capital »""'=^'"''"'- 
Stock shall be liable for his just debts, & may be at- 
tached therefor, & levied in execution at the suit, or for 
the satisfaction, of his Creditor : and the officer making 
such attachment, or levying such execution shall notify 
the same to the President, or to the Secretary, or Clerk 
of the said Company, and shall leave a Copy of the proc- 
ess, whereby the attachment or levy shall be made, at 
the office of the said Company ; and no transfer of such 
Debtor's shares or property in the said Capital Stock, not 
before noted in the books of the said Company, shall be 
valid or effectual against such attachment or levey. And 
it shull be the duty of the said President, Secretary, or 
Clerk, to cause the Officer making such attachment or 
levy, to be furnished, if he require it, with a Certificate 
of the number of Shares such Debtor holds in the said 
Capital Stock, and of the dividends, if any, due thereon. 
And such shares and property, when taken by virtue of goid'^as mh^ 
an execution, or so much thereof as shall be requisite to personal prop- 

J, ertv* uuclcr an 

satisfy the demands of the Creditor, therein and all fees, execution. 
shall be exposed to sale as other personal estate ; & the 
purchaser, who shall become entitled thereto under such 
execution, shall succeed to such Debtor as his lawful as- 
signee, and shall have a certificate of such transfer accord- 
ingly from the Clerk of said company. 

Sect. 14tii. And he it further enacted, that the Presi- ^iys:"°\oVe^'"' 
dent and Directors of the said Company, previous to their published an- 

, ., . T „ . 1 J ' 1 . nually. 

subscribmg any policy oi insurance, and once in every 
year afterwards, shall publish in some News-paper printed 



290 



Acts, 1802. — Chapter 127. 



statement of 
affairs to be 
laid before 
legiBlature. 



at Salem aforesaid, the amount of their Capital Stock, & 
upon what risks, and to what amount in any one risk they 
propose to insure. 

Sect. 15th. And be it further enacted, that the Presi- 
dent & Directors of the said Company, whenever it shall 
be required by the Legislature of this Commonwealth, 
shall lay before them a true Statement of the affairs of 
the said Company, and shall submit themselves to an ex- 
amination under oath concerning the same. 

Ap2:)roved March 8, 1803. 



Preamble. 



Persons incor- 
porated. 



1802. — Chapter 127. 

[January Session, ch. 89. J 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER CONNECTICUT RIVER 
IN THE CENTER OF THE COUNTY OF HAMPSHIRE, BETWEEN 
THE TOWNS OF HADLEY & HATFIELD, & FOR SUPPORTING 
THE SAME. 

Whereas a Bridge over Connecticut River between the 
Towns of Hadley & Hatfield in the County of Hampshire , 
would be of great Publich convenience: And whereas 
Letnuel Dickinson & others have presented a Petition to 
this Court, praying for liberty to build the same, & to be 
incorporated for that purpose. 

Sect. 1st. Be it enacted, by the /Seriate & House of 
Representatives in General Court Assembled & by the 
Authority of the same, that Lemuel Dickinson, David 
Billings, Silas Billings, Samuel Partridge, Isaac Maltby, 
Moses Warner, Israel Parsons, Daniel White, junior, 
Colton Partridge, Elijah Nash, Ebenezer White, John 
Allis, Joseph Billings, Perez Hastings, Cotton White, 
William Bodman, Elisha Nash, Jacob Williams, Joshua 
Warner, Guy C. Warner, Amasa Cleveland, Seth Kings- 
ley, John Wait, Gross Williams, Joseph Williams, Moses 
Nash, John Nash, Mark Warner, Elisha Nash, junior, 
Oliver Nash, Zebina Montague, Isaac Abercrombie, John 
Billingy, Medad Dickinson, Ebenezer Bliss, Daniel Kel- 
log, Elijah Dickinson, Ebenezer Boltwood, Martin Kellog, 
Perez Dickinson, Solomon Boltwood, Enos Baker, Ralph 
Snow, Calvin Merrill, Samuel F. Dickinson, Abia South- 
worth, Harris Hatch, Freedom Chamberlain junior, Eli 
Bates, John Gay, Joseph Hamilton, Matthew Gray, Nehe- 
miah Hinds, John Conkey, David Childs, John Hoar, 



Acts, 1802. — Chapter 127. 291 

Nathan Felton, Benjamin Feltou, Thomas Powars, Jona- 
than Danforth, Seth Hinkley, Lemuel Willis, Thomas 
Wheeler, junior, Nathaniel Foster, James Conant, William 
Dean, William Henry, John Brigham, Thomas Read, Jonas 
Howe, junior, Nathaniel H. White, Lemuel Abbot, Samuel 
Andrews, & George Slocum, with such persons as already 
have associated, or that may hereafter associate with them, 
be & they are hereby made & constituted a Cor})oration corporate 
& Body-Politic by the name of — The Proprietors of the °''™'^' 
Hatfield Bridge, — & by that name may Sue & be sued 
to final Judgment & Execution, & do & suffer all matters, 
acts & things which bodies Politic may or ought to do 
& sufler. And the said Corporation shall & may have & 
use a common Seal, & the same may break & alter at 
pleasure. 

Sect. 2d. And be it further enacted by the Authority 
aforesaid^ that any three of the Persons above named may First meeting; 
warn & call a meeting of the Proprietors aforesaid to be 01108^0 and ^ 
holden at any convenient time & place, by publishing the [^hed!*'"''" 
same three weeks successively, in the Hampshire Gazette, 
published in Northampton, the last publication to be four- 
teen days before the time of such Meeting, & the said 
Proprietors by a vote of the Majority of those present, 
or represented at said Meeting allowing one vote to & for 
each single Share in all cases ; provided however, that no 
one Proprietor shall be allowed more than twenty Votes, 
shall choose a Clerk, who shall be sworn to the faithful 
discharge of his OflSce & shall also agree on a method of 
calling future meetings & at the same, or some subsequent 
meeting, or meetings may elect such Officers, & make & 
establish such rules & by laws as to them shall seem nec- 
essary or convenient for the regulation & government of 
the said Corporation for the carrying into eflect the pur- 
poses aforesaid, & for collecting the toll herein after 
granted & established, & may annex penalties to the 
breach of any by-La ws, not exceeding Five dollars — 
And all representations at said meetings, shall be filed 
with the Clerk of said Corporation, & this act & all rules, 
regulations & proceedings shall be fairly & truly recorded 
by said Clerk in a book or Books to be provided & kept 
for that purpose. 

Sect. 3d. Be it further enacted, that the said Pro- Location of 
prietors, be, & they are hereby authorized & empowered " ^^' 
to erect a Bridge over Connecticut River, between the 



292 



Acts, 1802. — Chapter 127. 



Toll estab- 
lished. 



Account of 
cost of bridge 
and triennial 
returns to be 
exhibited. 



towns of Hadley & Hatfield, in the County of Hampshire, 
about Eighty rods south of the Meeting House in Hat- 
field, abutting on lands of the Honble. John Hastings, 
Esquire, & to strike the Eastern Bank of said River about 
eighty rods South of the dwelling House of Charles 
Phelps, esquire, in Hadley — And said Bridge shall be 
well built with suitable matterials, at least twenty eight 
feet wide & covered with planks with sufiicient rails on 
each side & boarded up twelve inches high from the floor 
of said Bridge, for the safety of passengers travelling 
thereon & the same shall be kept in good repair at all 
times. And for the purpose of re-imbursing the said pro- 
prietors the money to be expended by them in building 
& supporting said Bridge 

Sect. 4th. Be it further enacted, by the Authority 
aforesaid, that a Toll be & hereby is granted & established 
for the sole benefit of the said Proprietors according to 
the rates following vizt.. For each foot passenger, three 
cents — For each horse & rider, seven cents — For each 
horse & chaise, chair or Sulkey, sixteen cents — For each 
Coach, Chariot or Phaeton, or other four wheel carriage 
for passengers, thirty three cents & for each Curricle, 
twenty five cents — For each Sleigh drawn by one horse, 
ten cents, & if drawn by more than one horse, twelve & 
one half cents — For each Cart, Sled or other carriage of 
burden drawn by one beast, ten cents, — if drawn by two 
beasts, sixteen cents, if drawn by more than two beasts, 
twenty cents — For each Horse without a rider, & for neat 
cattle, three cents each — For Sheep & swine, one cent 
each — &, one person & no more shall be allowed to each 
Team as a driver to pass free of Toll — and all persons 
who shall have occasion to pass said Bridge to perform 
Military duty shall pass free of Toll ; & the Toll shall 
commence on the day of the first opening of said Bridge, 
& shall continue for the term of Seventy years — & at the 
place where the Toll shall be received, there shall be 
erected & constantly exposed a Signboard, with the rates 
of Toll fairly & legibly written, or printed thereon, in 
large letters. 

Sect. 5th. And be it further enacted, that the said 
Corporation, at the time of opening said Bridge, shall 
cause a true & just account of the expences thereof; & at 
the end of every three years thereafterwards a just & true 
account of the receipts & disbursements to be returned 



Acts, 1802. — Chapter 128. 293 

into the Office of the Secretary of this Commonwealth ; — 
And after fifty years from the opening of said Bridge the 
General Court may regulate the rates of Toll receivable 
thereat. 

Sect. 6tii. And be it further Unacted, That if the said i^ngTrldge^"'"'" 
Proprietors shall neglect for the space of Six years from ''"ited. 
the passing this Act to build & erect said Bridge, then 
this act shall be void & of no effect. 

A2jp7'oved March 8, 1803. 

1802. — Chapter 138. 

[January Session, ch. 90.] 
AN ACT FOR THE PREVENTION OF HORSE-RACING. 

Sec. 1. Be it enacted by the Senate and House of 
liepi'esentatives, in General Couj^t assembled, and by the 
authority of the same. That from and after the first day Penalty for 
of June next, no plate, purse, sum of Money, or other concerned in a 
thing of Value, shall be run for, by any horse, mare, or 
gelding : And if any person shall run, or cause, or pro- 
cure to be run, or aid and abet in running, or, being the 
owner, shall sufler to be run, any horse mare, or gelding, 
for any plate, purse, sum of Money, or other thing of 
value ; or shall bet or stake any plate, purse, sum of 
Money, or other thing of Value, on the event of any such 
Race ; or shall hold any such betts or stakes ; or publish 
or distribute any written or printed advertizement of such 
race, he shall forfeit and pay a sum not exceeding one 
hundred Dollars nor less than ten Dollars ; to be recov- 
ered, by indictment, in the Supreme Judicial Court, to 
the use of the Commonwealth, or in the Court of General 
Sessions of the Peace to the use of the County ; or by an 
action of trespass on the case, in favour of any person, 
who shall first sue therefor, to effect, in the Court of Com- 
mon Pleas ; or, if the suit be for not more than thirteen 
Dollars, and thirty three cents, before a Justice of the 
Peace ; one moiety thereof to the use of the Plaintiff, and 
the other moiety to the use of the Poor of the Town 
wherein the Offence shall have been commited. 

Sec. 2d. And be it further enacted, by the Authority 
aforesaid. That it shall be the duty of every Sheriff', ^^Irlf^s^^';'"'- 
Deputy Sheriff, Coroner, Constable, and Grand Juror, to directed to 
give information, to the proper authority, of any trans- uonofany 
gression of this Law, occurring within his proper district, "'^"^ereBaion. 



294 



Acts, 1802. — Chapter 129. 



Duration of 
act. 



and coming to his knowledge ; and it shall be the duty of 
every Justice of the Peace, upon complaint duly made to 
him, by an informing officer or other person, to issue his 
warrant, to apprehend any person or persons transgress- 
ing this Act, within the County of said Justice, and to 
hold him or them to appear, and answer therefor, at the 
Supreme Judicial Court, or Court of General Sessions of 
the Peace, next to be hoi den in, and for the same County. 
Sec. 3d. Be it further enacted. That this Act shall con- 
tinue in force for four Years after passing the same, and 
no longer. Approved March 8, 1803. 



Form of cer- 
tificate to be 
exhibited by 
Quakers. 



1803. — Chapter 139. 

[January SesBion, ch. 91.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT TO EXEMPT 
THE PEOPLE CALLED QUAKERS FROM PAYING TAXES FOR 
THE SUPPORT OF PUBLIC WORSHIP, PASSED THE TWENTY 
THIRD DAY OF JUNE IN THE YEAR OF OUR LORD ONE THOU- 
SAND SEVEN HUNDRED AND NINETY SEVEN. 

Section 1. Be it enacted by the Senate and House of 
Rejjresentatives in General Court assembled, and by the 
authority of the same. That whenever any person who hath 
been assessed in any Tax which has been made for the 
support of Public worship shall procure and exhibit to the 
assessors for the time being of the Town, Parish, Precinct, 
District or other Religious Society in which such Tax was 
assessed, a certificate signed by two of the Overseers and 
Countersigned by the Clerk of the meeting where he at- 
tends for worship, in Substance as follows : — 

"We the Subscribers Overseers of the Meeting or 
Society of Friends called Quakers in the Town of 
in the County of do hereby Certify that 

is a member of our Society, or usually attends with us in 
our Stated Meetings for Worship, and we verily beleive 
is of our Religious persuasion." 

It shall be the duty of such assessors to abate such Tax, 
and such person shall not be further holden to pay the 
same. 

Section 2. Be it further Enacted, That the Assessors 
of each Parish or Religious Society within this Common- 
wealth, shall omit in the Tax voted to be assessed on the 
Polls and Estates, within such Parish or Society, such 



Acts, 1802. — Chapter 130. 295 

persons living within the limits of the same, as belong to, 
& usually attend Public worship in the Religious Society 
of the people called Quakers. Approved March 8, 1803. 

1803. — Chapter 130. 

[January SeBsion, ch. 92.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THK TOWN OF NEW GLOCESTER INTO A SEPERATE 
RELIGIOUS SOCIETY, BY THE NAME OF THE BAPTIST SO- 
CIETY IN NEW GLOCESTER. 

WJiereas by an Act passed the twenty third day of June Preamble. 
Ao. Di. 1790^ the persons of the Religious Denomination 
called Baptists, in the towns of Neio Glocester S Gray, 
were incorjjorated into one Society: And Whereas from 
the increased numbers and ability of said Society, it lias 
become necessary, that they should be divided, and here- 
after become distinct Societies. 

Sec. 1. Be it enacted by the Senate (& House of Rep- 
resentatives in General Court assembled, and by the Au- 
thority of the same, that James Allen, John Everton, persons incor. 
Richard Tobie, Richard Tobie Junr., William Grocer, p"^**^"^- 
Isaac Gross, Bela Hammond, Eliphalet Haskell, Gedion 
Haskell, Robert Herring, Levi Harsey, Robert Hunne- 
ford, David Lincoln, Robert Martin, John Martin, David 
Nelson, Thomas Penney, Robert Penney, Josiali Smith, 
James Stanchfield, Jonathan Somes, Samuel Tyler, Dan- 
iel Warren, John Warren, Stephen Washburn, Thomas 
Wharft', Thomas Wharfl* Junr., Amos Woodman, Joseph 
Woodman, John Woodman and David Woodman, with 
their families & estates, together with such others as may 
hereafter associate with them, & their successors, be and 
they are hereby incorporated into a distinct Religious corporate 
Society, by the name of The Baptist Society in New "'""''• 
Gloucester, with all the Powers and privileges, rights and 
immunities to which other Religious Societies are entitled 
by the Constitution & Laws of this Commonwealth. 

Sec 2. And be it further enacted, that any person Method of sepa. 
belonging to the said town of New Gloucester, who may Joining thrreHg. 
at any time hereafter, see cause to leave the Society, with Jn'New'^'*'^" 
which he or She has been connected, and shall desire to Gloucester, 
join with another Religious Society in the said town, and 
shall give in his or her name, to the Clerk of each of the 
said Religious Societies, that he or she has united with 
and actually become a member of such other Religious 



296 



Acts, 1802. — Chapter 131. 



Part of former 
act repealed. 



First meeting. 



Society twenty days at least, previous to the annual meet- 
ing of each of the said Societies, and shall pay his or her 
proportion, of all monies assessed in the Society, previous 
thereto, such person shall thereafter, with his or her Polls 
and Estate, be considered, as a member of the Society, 
with which he or she has so united. 

Sec. 3. Aiid be it further enacted, that so much of 
the aforesaid Act, passed the twenty fourth day of June 
One thousand seven hundred and Ninety, as is inconsist- 
ant with the intention of the present Act, and as far as 
concerns the town of New Glocester, be and the same 
is hereby repealed. 

Sec. 4. And be it further enacted, that Isaac Parsons 
Esquire or any other Justice of the Peace in the County 
of Cumberland, be and hereby is authorised to issue a 
warrant directed to some member of the said Society, re- 
quiring him to notify and warn the members of the said 
Baptist Society in New Glocester, to meet at such con- 
venient time and place, as shall be expressed in the said 
Warrant, to choose all such Officers as Parishes are by 
Law entitled to choose, in the month of March or April 
annually. Approved March S, 1803. 



Preamble. 



1803. — Chapter 131. 

[January Session, ch. 93.] 

AN ACT TO INCORPORATE AN ACADEMY IN THE TOWN OF 
BLUEHILL, BY THE NAME OF BLUEHILL ACADEMY. 



Whereas the encouragement of literature in the r'ising 
generation, has ever been considered by the wise and good, 
as an object worthy of the most serious attention, as the 
safety & happiness of a free people, ultimately dep>end upon 
the advantages arising from a pious, virtuous, <& liberal 
education. 

Whereas it appears that John Peters Esqr. <& several 
other Gentlemen, residing chiefiy in the town of Bluehill 
have subscribed to build & suj^port an Academy for the 
term of ten Years from the time of incorporation. 

Sec. 1. Be it therefore enacted, by the Senate & House 
of Representatives in General Court assembled & by the 
-^^cademy to be authority of the same. That there be, and hereby is estab- 
lis[/!]ed in the town of Bluehill, in the County of Hancock, 
an Academy by the name of Bluehill Academy, for the 
purpose of promoting true piety & virtue, & for the Edu- 



Acts, 1802. — Chapter 131. 297 

cation of Youth in such liberal Arts, Sciences & Lan- 
guages as opportunity may permit, and the Trustees 
herein after provided shall direct. 

Sec. 2. Be it farther enacted, That David Cobb, John Trueteis. 
Peters, David Thurston, Jonathan Buck & Thomas Cobb 
Esqrs. Reverend Jonathan Fisher, Reverend William 
Mason, Reverend Jonathan Powers, Messrs. Robert Par- 
ker, Theodore Stevens, Donald Ross, & John Peters 
Junr., be, and they hereby are, nominated and appointed 
Trustees of the said Academy ; and they are hereby in- corporate 
corporate d into a body politic by the name of The Trus- 
tees of Bluehill Academy, and they and their successors 
shall be & continue a body politic & corporate, by the 
same name forever. 

Sec. 3. And be it furtlier enacted. That the said Trus- Trustees to 

^ 1111 o 1 nave a common 

tees and their Successors, shall have one common Seal, aeai. 
which they may make use of, in any cause or business 
that relates to the said office of Trustees of said Academy, 
& they shall have power &, authority to break, change & 
renew the said Seal, from time to time as they shall see 
fit, and they may sue and be sued in all Actions real, per- 
sonal & mixed, and prosecute & defend the same unto 
final Judgment & execution, by the name of The Trustees 
of Bluehill Academy. 

Sec. 4. A7id he it further enacted, that the said David ^ecfofflcr°Bof 
Cobb, & others the Trustees aforesaid, and their success- the academy. 
ors be the true & sole Visitors, Trustees & Governors 
of the said Academy in perpetual Succession forever, to 
be continued in the manner hereafter specified, with full 
power & authority to Elect such Officers of said Academy 
as they shall judge necessary and convenient, and to make 
and Ordain such Laws, Orders & rules, for the good 
Government of said Academy, as to them the said Trustees 
& their Successors, shall from time to time seem fit & 
requisite ; Provided notwithstanding, that the said rules, 
Laws & Orders, be no way contrary to the Laws of this 
Commonwealth. 

Sec. 5. And be it further enacted. That the number Number of 

• T 1 • in trustees. 

of Trustees aforesaid & their successors shall not at any 
one time be more than Thirteen, nor less than seven, five 
of whom shall constitute a quorum for transacting business, 
and a major part of the members present at any legal meet- 
ing shall decide all questions that shall come before them. 
And to perpetuate the Succession of the said Trustees — 



298 



Acts, 1802. — Chapter 132. 



TruBteeB to fill 
vacancieB. 



TruBtees may 
receive & hold 
property. 



First meeting. 



Sec. 6. Be it further enacted^ That as often as one or 
more of the Trustees of the said Bhiehill Academy shall 
die or resign, or in the judgment of the major part of the 
other Trustees be rendered by age or otherwise incapable 
of discharging the duties of said Office, then & so often, 
the Trustees then surviving & remaining, shall elect one 
or more persons to supply the vacancy or vacancies. 

Sec. 7. Be it further enacted. That the Trustees afore- 
said, and their successors, be, & hereby are rendered 
capable in Law, to take & receive by gift, grant, devise, 
bequest or otherwise, any lands, tenements, or other 
estate real and personal — Provided, that the annual 
income of the said real estate shall not exceed the sum 
of Two Thousand Dollars, and the annual income of the 
personal estate shall not exceed the sum of Three Thou- 
sand Dollars. To have and to hold the same to the said 
Trustees & their Successors, on such terms, & under such 
provisions & limitations as may be expressed in any deed 
or instrument of conveyance to them made, and all deeds 
& instruments which the said Trustees may lawfully make, 
shall when made in the name of the said Trustees, & 
signed & delivered by the Treasurer, and sealed with the 
Common Seal, bind the said Trustees & their Successors, 
and be valid in Law. 

Sec. 8. Be it further enacted. That John Peters 
Esquire, one of the Trustees aforenamed, be, and he 
hereby is authorised and empowered to appoint the time 
and place for holding the first meeting of said Trustees, 
and notify them thereof. Approved March 8, 1803. 



Semi-annual 
BtatementB to 
be made. 



1803. — Chapter 133. 

[January SesBion, ch. 94.] 

AN ACT DIRECTING THE RETURN OF STATEMENTS TWICE 
EVERY YEAR, FROM THE SEVERAL BANKS INCORPORATED 
BY THE LEGISLATURE OF THIS COMMONWEALTH, TO HIS 
EXCELLENCY THE GOVERNOR AND THE COUNCIL. 

Sec. 1st, 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 the 
Directors of the several Banks incorporated by the Legis- 
lature of this Commonwealth, excepting the Maine Bank, 
to make, on the first Mondays of January and June every 
year, and to transmit as soon thereafter as may be, to His 



Acts, 1802. — Chapter 133. 299 

Excellency the Governor and the Council of this Com- 
monwealth, accurate and just statements of the amount 
of their capital stock actually paid in, of debts due to the 
Corporation, of their deposits, of the notes in circulation, 
of the gold, silver, and other coined metals on hand, and 
of the notes of other Banks, specifying the amount of 
such notes issued by the Banks of this Commonwealth, 
and that of the notes of Banks incorporated elsewhere ; 
which statements shall be signed by a majority of the 
Directors, and attested by the Cashier of each Bank re- 
spectively ; and shall be laid before the Legislature when- 
ever they shall so request. 

Sec. 2d. And be it further enacted, That whenever Respecting the 
the Directors of the Maine Bank shall conform to the 
prescriptions herein above contained, with regard to the 
other Banks incorporated by the Legislature of this Com- 
monwealth, and shall duly return statements made on the 
first Monda^'^s of January and June annually, they shall 
not be required to make the statements prescribed by 
their Act of incorporation on the first days of January 
and July, but shall be excused therefrom, so far as may 
respect the same year in which their statements shall be 
made on the first Mondays of January and June. 

Sec. 3d. And be it further enacted, That it shall be ?°p'*'* °^ "^'y*° 
the duty of the Secretary of the Commonwealth, to trans- banks. 
mit a copy of this Act, to the Presidents and Directors of 
the several incorporated Banks within this Commonwealth. 

Approved. March 8, 1803. 

1802. — Chapter 133. 

[January Session, ch. 95.] 

AN ACT TO REGULATE THE MANUFACTURE OF CHOCOLATE 
IN THIS COMMONWEALTH, AND TO PREVENT DECEPTION 
IN THE QUALITY, AND EXPORTATION THEREOF. 

Sec. 1. Be it enacted by the Senate, and House of Rep- 
resentatives in General Court assembled and by the Au- 
thority of the same, that all Manufacturers of Chocolate Names of man. 
within this Commonwealth, shall make each and every lo''be"tampfd' 
cake of Chocolate in pans, in the bottom of which shall J" the pans. 
be stamped the first letter of their Christian Name, and 
their surname at large, the name of the Town where they 
reside, with the quality of the Chocolate in figures No. 1, 
No. 2, No. 3, as the case may be, with the letters Mass. 
for Massachusetts. 



300 Acts, 1802. — Chapter 133. 



Of what cocoa 
the different 



Sec. 2. Be it farther enacted, that the first quality of 
qualities shall Chocolate shall be made of Surrinam, Cayanne, or good 
Carraccas-Cocoa, free from any adulteration ; the second 
quality shall be made of good Island Cocoa, and free from 
any adulteration ; the third quality may be made of the 
inferiour qualities of either of the foregoing kinds of Cocoa ; 
and all the boxes containing Chocolate shall be branded 
on the end thereof with the word Chocolate, the name of 
the manufacturer, the Town, and the quality, as described 
and directed for the pans, in the first section of this Act. 
made^or marked ^^^- ^^' ^^ it farther oiacted, that all Chocolate, which 
as herein shall be manufactured in this Comonwealth, and which 

to seizure. shall bc otfcrcd for sale without being marked in all re- 
spects as directed in the foregoing sections of this Act, 
and also of the quality therein described, the same shall 
be forfeit, and liable to seizure : And if any person shall 
put on board, or shall receive on board any Vessel or 
Carriage of Conveyance, Chocolate not marked or branded 
as aforesaid, with an apparent intent to transport the same 
out of this Commonwealtb, he, or they shall forfeit the 
same, and shall pay a fine equal to the amount, and value 
thereof. 
warran?s°for'"' Sec. 4th. Be it further Enacted, That it shall be the 
choc^olttf. duty of any Justice of the Peace, upon any information 
given of any Chocolate put on board any Vessel, or Car- 
riage of Conveyance, not marked and branded, as required 
by this Act, to issue his warrant, directed to the Sheriff', 
or his Deputy, or to a Constable, requiring them respec- 
tively to make seizure of such Chocolate, not marked and 
branded as aforesaid, and to secure the same in order for 
trial ; and said Officers are hereby respectively required 
and empowered to execute the same : And all penalties, 
and forfeitures arising by force and virtue of this Act, one 
moiety thereof shall be for the use of the Town, where the 
oftence shall be committed, and the other moiety thereof, 
to him or them, who shall inform or sue for the same. 

This Act to operate & be in full force from and after 
the first day of September next. 

Approved March 8, 1803. 



Acts, 1802. — Chapters 134, 135. 301 

1802. — Chapter 134. 

[January Session, ch. 96.] 

AN ACT TO CHANGE THE NAMES OF THOMAS PAINE, JOSEPH 
POPE, DAVID CHILD, ABIJAH BOND, JOSEPH JOHNSON, HABI- 
JAH SAVAGE JUN., JONATHAN BARNEY, SHUBAEL SOWLE, 
AND JAMES JEWETT JUNR. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that Thomas Paine, attorney at Law, shall be 
allowed to take the name of Kobert Treat Paine ; That 
Joseph Pope, Merchant, shall be allowed to take the Name 
of Joseph Henry Pope ; that David Child, Merchant, shall 
be allowed to take the Name of David Weld Child ; that 
Abijah Bond, a minor, shall be allowed to take the Name 
of William A. Bond ; that Joseph Johnson, Merchant, 
shall be allowed to take the Name of Joseph Joy Johnson ; 
that Abijah Savage, junr. a minor, shall be allowed to take 
the name of Henry Savage ; all of Boston, in the County of 
Suffolk ; that Jonathan Barney, of the town and County 
of Nantucket, mariner, shall be allowed to take the Name 
of Jonathan Jenkins Barney ; that Shubael Sowle, of 
Brookfield, in the County of Worcester, shall be allowed 
to take the Name of Shubael Lyman ; and that James 
Jewett, jun. of Portland, in the County of Cumberland, 
Gentleman, shall be allowed to take the Name of James 
Charles Jewett ; and each of the persons before named, 
shall, in future, be respectively known and called by the 
Names, which they are severally allowed to take as afore- 
said ; and the same shall be considered as their only proper 
Names, to all intents and purposes. 

Approved March 8, 1803. 

1803. — Chapter 135. 

[January Session, ch. 97.] 

AN ACT IN ADDITION TO AND AMENDMENT OF AN ACT, EN- 
TITLED " AN ACT DIRECTING THE METHOD FOR LAYING OUT 
HIGH WAYS." 

Sec. 1. Be it Enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Authority of the same, that whenever a Jury may be Method of 
ordered by the Court of General Sessions of the Peace, in tohearind" 
any County, to hear & determine the complaint of any pS'f'oV"'"" 

damages. 



302 



Acts, 1802. — Chapter 135. 



The jury to 
determine cer- 
tain rights to 
properly, so far 
ae respects 
assessing 
damages. 



Two persons 
may join in one 
complaint. 



Time to be 
j;iven for 
removal of 
wood, &c. 



Officer's fees. 



person or persons, agreived by the doings of a Committee 
of said Court in locating a highway, or by the doings of 
the Selectmen of any town in locating any private way, 
or estimating damages occasioned by such locations in 
pursuance of said Act, such Jury shall be summoned and 
attended by the Sheriif of such County or his Deputy ; or 
if he, or either of his Deputies, be a party or interested, 
by a Coroner of said County ; which Jury shall be selected 
in manner following Vizt. the Officer who shall be duly 
Authorised by said Court, shall make application to the 
Selectmen of two or more disinterested towns in said 
County, who shall draw out of the Jury box of the 
Supreme Judicial Court of their respective Towns, so 
many Jurors as such officer shall require, not exceeding 
nine from any one town ; and if, by accident or challenge, 
there should happen not to be a full Jury, said Officer 
shall fill the pannel de talibus circumstantibus, as in other 
cases. 

Sec. 2. And be it further Enacted, that if the right or 
interest of any complainant in or to the real Estate alledged 
to be damaged by the laying out of such way, shall be 
denied by the town, district or Corporation complained 
against, the Jury summoned as aforesaid shall have Au- 
thority to consider and determine such question of right 
or interest so far only as respects the damages of said 
Complainant. 

Sec. 3. And be it further enacted, that when two or 
more persons have occasion to apply to any Court of Ses- 
sions, at the same time, for joint or several damages 
occasioned by the laying of the same highway, they may 
join in the same complaint, and their respective claims of 
damages shall, in that Case, be considered & determined 
by the same Jury, and the Costs shall be taxed jointly or 
severally as the Court, in their discretion, may deter- 
mine to be equitable. 

Sec. 4. Be it further enacted, that Committees & 
Jurors, that shall assess damages occasioned by laying 
out any road, shall give the owner of said land a reason- 
able time to take off the wood, timber or trees, and if the 
owner of such land shall neglect to take off said Wood, 
Timber or trees, within the time set by said Committee 
or Jury, it shall be forfeited for the benefit of the Road. 

Sec. 5. A^id be it further Enacted, that the Officer 
summoning & attending such Jury, shall be entitled to 



Acts, 1802. — Chapter 136. 303 

four cents a Mile for all necessary travel in performing the 

same, & one dollar & fifty cents a day for each day he 

shall attend them ; and each Juror to one dollar for each Juror's pay. 

day's attendance, and four cents a Mile for travel each 

way. And said Officer shall make a return of his own 

travel & attendance, and that of each Juror. 

Sec. 6th. And be it further enacted, that if any town, in case of a 

. y-i • iiir»i.i 1 '11 town or corpo- 

or other Corporation, shall nnd themselves aggrieved by ration conBid- 
the doings of a Committee of the Court of Sessions in aggrfeVed. 
any County, in locating a Way, or in estimating damages, 
by Virtue of the Act, to which this is an addition, such 
Town or Corporation, may apply to said Court, and be 
allowed a Jury or Committee to hear, and finally deter- 
mine their complaint, in the same manner, and under the 
same limitations and conditions, as are provided in this 
Act and that to which it is in addition, in the case of an 
individual Person. Approved March 8, 1803. 

1803. — Chapter 136. 

[January SeSBion, ch. 98.] 

AN ACT TO PREVENT THE WILFUL DESTRUCTION AND CAST- 
ING AWAY OF SHIPS AND CARGOES. 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that if any Owner of, Captain, Penalty for 
Master, Ofiicer or other Mariner, belonging to any Ship ^royin^a^" 
or Vessel, shall, within the body of any County of this Llu'to^be'"'" 
Commonwealth, wilfully cast away, burn, sink or other- *^°°®- 
wise destroy, the Ship or Vessel of which he is owner, or 
to which he belongeth, or in any wise direct or procure 
the same to be done, with intent or design to prejudice 
any person or persons that hath or shall underwrite any 
policy or policies of insurance thereon, or of any Mer- 
chant or Merchants that shall load goods thereon, or 
of any Owner or Owners of such Ship or Vessel, every 
person, so Oflending, being thereof lawfully convicted 
before the Supreme Judicial Court of this Commonwealth, 
shall be deemed and adjudged a Felon, and shall be sen- 
tenced to imprisonment for life or for a term not less than 
Five years at the discretion of the Court : — Provided ^^^^^^^ ^°'' 
nevertJieless, that nothing herein contained shall be con- allowed, 
strued to bar or prevent the party injured from having and 
maintaining his Action for the dtimages sustained thereby. 



304 



Acts, 1802. — Chapter 136. 



Penalty for 
fitting out a 
vessel with in- 
tent to destroy 
her. 



Penalty for 
making out 
false invoices, 
to defraud 
underwriters. 



Penalty for 
making false 
aflidavit or 
protest. 



Sec. 2. Aiid be it furlhev enacted, that if any owner 
of any Ship or Vessel shall equip or tit out such Ship or 
Vessel within this Commonwealth, with intent that the 
same should be wilfully cast away, burnt or otherwise 
destroyed, to the prejudice of any Owner of any goods 
laden on board said Ship or Vessel, or of any underwriter 
upon any policy or policies of Insurance upon such Ship 
or Vessel, or upon any Goods laden thereon; and shall 
be thereof convicted before the Supreme Judicial Court 
of this Commonwealth, such offenders shall be sentenced 
to pay a fine not exceeding five Thousand dollars, to be 
set in the pillory one hour, and be imprisoned for a term 
not less than two years nor more than ten years, at the 
discretion of said Court. 

Sec. 3. And he it further enacted^ that if any owner 
of any Ship or Vessel, or of any goods laden on board 
such Ship or vessel, shall make out and exhibit, or cause 
to be made and exhibited, any false or fraudulent, bills of 
parcels, invoices, or estimates of any such goods laden or 
pretended to be laden on board such Ship or Vessel, with 
intent to defraud any underwriter upon any policy or 
policies of Insurance upon such Ship or Vessel, or upon 
any goods laden thereon, every person so offending and 
being thereof lawfully convicted, shall be sentenced to 
pay a fine not exceeding five thousand dollars, to be set in 
the pillory one hour, and to be imprisoned for a term not 
exceeding ten Years, at the discretion of the Court. 

Sec. 4. And be it further enacted^ that if any Captain, 
Mate or Mariner, of any Ship or Vessel, shall make out 
and swear to any false affidavit or protest, or if any owner 
of any such Ship or Vessel, or of any goods laden thereon, 
shall procure such false affidavit or protest, or knowing 
the same to be false, shall exhibit the same with intent to 
deceive and defraud any underwriter upon any policy of 
insurance upon any such Ship or Vessel, or any goods 
laden thereon, every person convicted thereof before the 
Supreme Judicial Court aforesaid, shall be sentenced to 
pay a fine not exceeding five thousand dollars, to be set 
in the pillory for one hour, and to be imprisoned for a 
term not exceeding ten years, at the discretion of the 
Court before which the Conviction may be. 

Approved March 5, 1803. 



Acts, 1802. — Chapter 137. 305 

1803. — Chapter 137. 

[January Session, ch. 99.] 

AN ACT TO INCORPORATE A NUMBER OF INHABITANTS IN 
THE TOWN OF NEW SALEM, INTO A SEPERATE RELIGIOUS 
SOCIETY BY THE NAME OF THE BAPTIST SOCIETY IN NEW- 
SALEM. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, a7id by the 
authority of the same. That Caleb Pearce, Jesse Aldrich, Persons incor- 
Nathaniel Fisk, Shadrich Haskins, George Haskins, Wil- 
liam Walker, James Shaw, William Berry, Gregory Ellis, 
Henry Haskins, Shadrich Hoar Junr., Joseph Childs, Peter 
Atkins, Chipman Shaw, Shadrich Hoar, Abe Fisk, Sam- 
uel Upton, Simeon Pearce, Elihu Hoar, David Hunt, 
Ebenezer Vaughan, Abiether Walker, John Eddy, Tim- 
othy Upton Junr., Luke Haskins, Amos Thomas, Amos 
Thomas Junr. Peleg Aldrich, Jesse Pearce, Thomas 
Vaughan, Isaac Upton, John Lawless, Joshua Wyart, Hab 
Lyndsey, Barnabas Sears and James Ashley, together 
with their polls and estates be, and they hereby are incor- corporate 
porated by the name of The Baptist Societ}' in New '"""^* 
Salem, with all the priviledges powers and immunities 
which parishes in this Commonwealth by law enjoy. 

Sec 2d. Be it further enacted. That any person in Method of join- 
said town of New Salem who may at any time hereafter °^ ^ *°*' ^ ^" 
actually become a member of and unite in religious wor- 
ship with said baptist Society, and give in his or her name 
to the Clerk of the parish to which he or she did hereto- 
fore belong, with a certificate signed by the minister or 
Clerk of said Society that he or she hath actually become 
a member of and united in religious worship with said 
baptist society fourteen days previous to the parish meet- 
ing therein to be held in the month of March or April 
annually, shall from and after giving such certificate, with 
his or her polls and estate be considered as a member of 
said Society. Provided however. That such person shall 
be held to pay his or her proportion of all monies assessed 
or voted in the parish to which he or she belonged pre- 
vious to that time. 

Sec. 3d. Be it further enacted. That when any mem- Method of leav- 
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 



First meeting. 



306 Acts, 1802. — Chapter 138. 

shall give in his or her name to the Clerk of the baptist 
Society aforesaid, signed by the minister or clerk of the 
parish or other incorporate Society with which he or she 
may unite, that he or she hath actually become a member 
of and united in religious worship with such other parish, 
or other incorporate 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. 4th. Aiid be it further enacted, That Varney 
Pearce Esqr. be and and he is hereby authorized to issue 
his Warrant, directed to some suitable member of said 
Society, requiring him to warn the members of said So- 
ciety qualified to vote in parish afiairs, to assemble at 
some suitable time and place in said town of New Salem, 
to choose such parish Officers as are by law required to be 
chosen in the months of March or April annually, and to 
transact all other matters and things necessary to be done 
in said Society. Approved March 8, 1803. 

1803. — Chapter 138. 

[January Seesioii, cb. 100.] 

AN ACT FOR FIXING THE TIMES & PLACES OF HOLDING THE 
COURTS OF PROBATE WITHIN AND FOR THE COUNTY OF 
MIDDLESEX. 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That the Courts of Probate within 
and for the County of Middlesex, shall, from and after 
the first day of April next, be holden at the several times 
and places hereafter mentioned, that is to say — at Cam- 
bridge on the first Tuesdays of January, March, May, 
July and September, and on the fourth Tuesday of Octo- 
ber annually; — at Concord, on the first Tuesdays in 
February, June August, October and December, and on 
the Second Tuesday in April annually ; — at Framingham, 
on the third Tuesday in January, and the second Tuesday 
in June annually ; — at Woburn, on the third Tuesday 
in September, and the fourth Tuesday in April annually ; 
— and at Groton, on the third Tuesday in April and the 
third Tuesday in October annually. 



Acts, 1802.— Chapter 139. 307 

Sec. 2. And be it further enacted by the authority 
aforesaid, That no Courts of Probate shall be holden 
within or for said County of Middlesex, except those 
commencing on the days, and at the places aforesaid, any 
usage or Custom to the Contrary notwithstanding. 

Approved March 8, 1803. 

180S. — Chapter 139. 

[January SesBion, ch. 101.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE MAINE TURNPIKE ASSOCIATION. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Samuel Freeman, Woodbury persons incor- 
Storer, Isaac Parker, William Symmes, Daniel Tucker, p"''"'*''- 
Isaac Ilsley, Peter Warren, Stephen Waite, Stephen 
Patten, J. D. Hopkins, Jos. Holt Ingraham, Mattw. 
Cobb, John Mussey, Samuel F. Hussey, Thomas Sandford, 
Thomas Webster, Robert Boyd, John Deane, James Neal, 
John Quinby, Abner Bagley, John Alden and Robert 
Southgate, together with such others as may hereafter 
associate with them, and their successors shall be a Cor- corporate 
poration by the name and [and] style of The Maine Turn- °'"°^* 
pike Association, with all the powers and privileges 
usually given and belonging to similar Corporations, for 
the purpose of laying out, making & keeping in repair a 
turnpike road from the line of the State of New-Ham p- conrseofthe 
shire to Portland, and from thence to Augusta Bridge, 
upon as straight a line as circumstances will admit ; and 
erecting and keeping in repair such Bridge or Bridges as 
may be necessary on said route, which turnpike road shall 
not be less than four rods wide, and the part to be trav- 
elled on not less than twenty four feet in width, in any 
part thereof; and when said Road or any ten miles 
thereof shall be sujfficiently made, and shall be allowed 
and approved by a Committee appointed by each of the 
Courts of General Sessions of the Peace, for each of the 
Counties of York, Cumberland, Lincoln and Kennebec 
for that purpose, (provided that no member of either of 
said Committees shall have any share or interest in the 
said turnpike, and shall judge only of the portion of the 
said turnpike, in the Counties in which they reside) then 
the said Turnpike Corporation shall be authorized to e'rect Turnpike gates 
turnpike Gate or Gates on the said Road, at such place 



308 



Acts, 1802. — Chapter 139. 



Toll estab- 
lished. 



Sign-boards to 
be erected. 



Corporation 
allowed to hold 
the necessary 
land. 



or places as the said Committee, of the said Court of Ses- 
sions, and the said Corporation shall judge necessary and 
convenient, for collecting the Toll, Provided that no turn- 
pike Gate be erected on, or any Toll demanded on any 
part of the present travelled Roads ; the said Gates to be 
not less than ten miles distant from each other, and shall 
be entitled to receive of each traveller or passenger at 
each of the said Gates, the following rates of Toll, Vizt. 
For each Coach, Phaeton, Chariot or other four wheel 
carriage, drawn by two Horses twenty five cents ; and if 
drawn by more than two horses, an additional sum of four 
cents for each Horse ; for every Cart or Waggon drawn 
by two Horses or oxen ten cents, and if drawn by more 
than two horses or oxen, an additional sum of three cents 
for each Horse or Ox, for every curricle fifteen cents ; for 
every chaise, chair or other carriage drawn by one horse 
twelve cents ; for every man and horse six cents ; for 
every Sled or Sleigh drawn by two oxen or horses nine 
cents, and if drawn by more than two oxen or horses, an 
additional sum of two cents for each ox or horse ; for every 
sled or sleigh drawn by one horse eight cents ; - for all 
horses, mules, oxen, or neat cattle, led or driven, besides 
those in teams or carriages one cent each ; for all sheep 
or swine at the rate of six cents, for one dozen. — Pro- 
vided that said Corporation may, if they see cause com- 
mute the rate of Toll, with any Corporation, person or 
persons, by taking of him or them, a certain sum annually, 
to be mutually agreed on, in lue of the toll aforesaid. 
And the said Corporation, at each place where the toll 
shall be collected, shall erect in a conspicuous place, and 
constantly keep exposed to open view a sign or board, 
with the rates of Toll, of all the Tollable articles fairly and 
legibly written thereon, in large or Capital Characters. 

Sect. 2d. Be it further enacted^ that said Corpora- 
tion may purchase and hold land, over which they may 
make said road, and the Justices of the Court of General 
Sessions of the Peace, in the Counties of York, Cumber- 
land, Lincoln and Kennebec as with the consent of the 
said Corporation, they shall think proper, and the said 
Corporation shall be liable to pay all damages, that may 
arise to any Person, by taking his land for such road, 
where the same cannot be obtained by voluntary agree- 
ment, to be estimated by a Committe, appointed by the 
Court of General Sessions of the Peace, of the County 



Acts, 1802. — Chapter 139. 309 

wherein the land lieth, saving to either party the right of 
trial by Jury, according to the Law, which makes pro[v]i- 
sion for the recovery of damages, arising from the laying 
out of Highways. 

Sect. 3d. Be it further enacted^ that if said Corpo- Penalty for 
ration, or their toll gatherers, or others in their employ, senger^fo*^' 
shall unreasonably delay or hinder any traveller or pas- exacting uiegai 
senger, at either of said Gates, or shall demand or receive 
more toll than is by this Act established, the Corporation 
shall forfeit and pay a sum, not exceeding ten Dollars, 
nor less than two Dollars, to be recovered before any 
Justice of the Peace of the County where the offence shall 
be committed by any Person injured, delayed, or de- 
frauded, in a special action of the case ; the writ in which 
shall be served on the said Corporation, by leaving a Copy 
of the same with the Treasurer, or with some individual 
Member, living in the County, where the action may be 
brought, or by reading the same to the said Treasurer, or 
individual Member, at least seven days before the Trial — 
And the Treasurer of the said Corporation, or individual 
Member, shall be allowed to defend the same suit, in be- 
half of the said Corporation — And the said Corporation corporation 
shall be liable to pay all damages, which may happen ages occasioned 
to any Person, from whom Toll is demandable, for any beingVuTof 
damage which shall arise from defect of Bridoes, or want "■«?»•«■• 
of repairs in the said way ; and shall also be liable to pre- 
sentment by the Grand Jury for not keeping the same in 
repair. 

Sect. 4th. Be it further enacted, that if any Person Penalty for in. 
shall cut, break down, or otherwise injure, or destroy i^gafes.^ "^"^ 
either of the said turnpike Gates, or shall dig up, or carry 
away any earth from the said road, or in any manner 
damage the same, or shall forcibly pass or attempt to pass 
the said gates by force, without first having paid the legal 
Toll at such gate, such person shall forfeit and pay a fine, 
not exceeding fifty Dollars, nor less than five Dollars, to 
be recovered by the Treasurer of the said Corporation, to 
their use, in an action of trespass, or on the case. And ^va"d/o^[on. 
if any Person with his team, cattle or horse, turn out of 
the said road, to pass any of the turnpike gates, and again 
enter on the said road, with intent to evade the Toll, due 
by virtue of this Act, such Person shall forfeit and pay 
three times so much as the legal Toll would have been, to 
be recovered by the Treasurer of the said Corporation, to 



310 Acts, 1802. — Chapter 139. 

the use of the same in an action of debt, or on the case. — 
Provided that nothing in this Act shall extend to entitle 
the said Corporation to demand and receive toll of any 
person, who shall be passing with his Horse, or Carriage, 
to or from public Worship, or witn his Horse, team, or 
cattle, to or from his common labor on his farm, or to or 
from any grist mill, or on the ordinary & common busi- 
ness of family concerns, or from any person or persons 
passing on Military Duty. 
de^meV per- Sect. 5th. Be it fuHlier enacted, that the shares in 

Bonai estate, ^hc samc tumpikc road shall be taken, deemed and con- 
ana may be .-,-,■, -, ^^ • t 

attached. sidcrcd to be personal estate to all mtents and purposes, 

and shall and may be transferred ; and the mode of trans- 
fering the said shares, shall be by Deed, acknowledged 
before any Justice of the Peace, and recorded by the Clerk 
of the said Corporation, in a Book for that purpose to be 
provided and k[ejei;)t. And when any share shall be at- 
tached on mesne process, or taken in Execution, an at- 
tested Copy of such writ of attachment, or Execution, shall 
at the time of the attachment, or taking in Execution, be 
left with the Clerk of the said Corporation, otherwise the 
attachment or taking in Execution shall be void, and such 
shares may be sold on Execution, in the same manner as 
is, or may by law be provided, for making sale of Personal 
Property on Execution. And the Officer making the sale, 
or the judgment Creditor leaving a Copy of the Execution 
and the Officers return on the same with the Clerk of said 
Corporation, within fourteen days after such sale, and 
paying for the recording of the same, shall be deemed and 
considered as a sufficient transfer of such share or shares 
in the said turnpike Road. 

First meeting. Sect. 6th. Be it further enacted, ihsit the first meet- 
ing of the said Corporation, shall be held at such time and 
place, as shall be agreed on by the major part of the Pro- 
prietors, for the purpose of choosing a Clerk, who shall 
be sworn to the faithful discharge of the duties of his said 
office and such other officers, as may then and there be 
agreed on by the said Corporation. And the said Corpo- 
ration may at the same time establish such rules and reg- 
ulations, as shall be judged necessary, for the well ordering 
of its affairs ; and also upon a method for calling future 
meetings. Provided however, that such rules and regu- 
lations shall in no case be repugnant to the Constitution 
and Laws of this Commonwealth, 



Acts, 1802. — Chapter 139. 311 

Sect. 7th. Be it farther enacted that the said Cor- An account of 

,' 1 II •,! • . ,1 /"i i 1 • 1 1 ' cost of road and 

poration, shall within six months after the said road is annual returns 
completed, lodge in the Secretary's office, an account of '° ^.e exhibited. 
the expences thereof, and that the said Corporation shall 
annually exhibit to the Governor & Council, a true account 
of the income or dividend arising from the said Toll, with 
their necessary annual disbursements on the said Road, 
and that the books of the Corporation, shall at all times 
be subject to the inspection of a Committee to be appointed 
by the General Court, or to the inspection of the Gov- 
ernor & Council, when called for. 

Sec. 8th. Be it further enacted^ That whenever any shares of 
proprietor shall neglect or refuse to pay any tax or assess- propdetors may 
ment duly voted and agreed upon by the Corporation, to ner^of'l'ai^'&c. 
their Treasurer, within sixty days after the time set for 
the payment thereof, the Treasurer of the said Corpora- 
tion is hereby authorized to sell at public vendue the 
share or shares of such delinquent proprietor, one or 
more, as shall be sufficient to defray the said taxes and 
necessary incidental charges, after having given public 
notice of such sale in the New^spapers printed in the 
Counties of York, Cumberland, Lincoln and Kennebeck ; 
and in case there shall be no newspaper printed in either 
County at the time, then in the newspaper at such place 
as shall be the nighest to the said turnpike road, the sum 
due on any such shares, and the time and place of sale, 
at least thirty days previous to the time of sale ; & such 
sale shall be a sufficient transfer of the share or shares 
so sold to the person purchasing the same ; and on pro- 
ducing a certificate of such sale from the Treasurer, to 
the Clerk of the said Corporation, the name of such pur- 
chaser with the number of shares so sold, shall be by the 
Clerk entered on the books of the said Corporation, and 
such person shall be considered to all intents and pur- 
poses the proprietor thereof, and the overplus, if any 
there be, shall be paid on demand by the Treasurer, to 
the person whose shares were then sold. 

Sec. 9th. And be it further enacted. That the General corporation 
Court may dissolve the said Corporation whenever it shall soued when 
appear to their satisfaction, that the income arising from with interest. 
the said toll shall have fully compensated the said Corpo- 
ration for all monies they may have expended in purchas- 
ing, repairing and taking care of the said road, together 
with an interest thereon at the rate of twelve per cent, by 



312 



Acts, 1802. — Chapter 140. 



the year; and thereupon the property of the said road 
shall be vested in this Commonwealth, and be at their 
disposal. Provided however, that if the said Corporation 
shall neglect to complete the said turnpike road for the 
space of ten years from the passing of this Act, the same 
shall be void and of no effect. Approved March 8, 1S03. 



Persong incor- 
porated. 



Corporate 
name. 



Amount of 
stock, and value 
of Bhares. 



1802. — Chapter 140. 

[January Session, ch. 102.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME 
OF THE PRESIDENT, DIRECTORS AND COMPANY OF THE 
NEWBURY PORT BANK. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Micajah Sawyer, Michael 
Hodge, John Greenleaf, Johua Carter, Israel Young, 
Thomas Cary Junr., Charles Jackson, Samuel Allyne 
Otis and Dudley Atkins Tyng, their associates successors 
and assigns, shall be and hereby are created and made a 
Corporation by the name of The President Directors and 
Company of the Newbury Port Bank, and shall so con- 
tinue from and after the first day of June next, until the 
first Monday in October, in the year of Our Lord one 
thousand Eight hundred and twelve, and by that name 
shall be and hereby are made capable in Law to sue and 
be sued, plead and be impleaded, defend and be defended, 
in any Courts of Record, or any other place whatever, 
and also to make have and use a Common Seal, and the 
same again at pleasure to break, alter and renew ; and 
also to ordain establish and put in execution such bye 
laws, ordinances and regulations, as to them shall appear 
necessary and convenient for the Government of the said 
Corporation, and the prudent management of their affairs. 
Provided, such bye laws, ordinances and regulations shall 
in no wise be contrary to the Laws and Constitution of 
this Commonwealth ; and the said Corporation shall be 
always subject to the rules, restrictions limitations and 
provisions herein prescribed. 

Sect. 2d. And be it further enacted, that the Cap- 
ital Stock of the said Corporation, shall consist of a sum 
not more than Two hundred thousand dollars, nor less 
than one hundred thousand dollars in Gold or Silver to 
be divided into shares of one hundred dollars each ; and 



Acts, 1802. — Chapter 140. 313 

the sum of One hundred thousand dollars at least, shall 
be paid in in Gold and Silver, on or before the first Mon- 
day in June next ; Provided, that no money shall be 
loaned or discounts made, nor shall any bills or promissary 
Notes be issued from said Bank, until the Capital Stock 
subscribed, and actually paid in, and existing in Gold or 
Silver in their Vaults shall amount to one hundred thou- 
sand Dollars, and one half the residue of said Capital 
Stock shall be paid in on or before the first Monday in 
December next, and the remainder of said Capital Stock 
shall be paid in on or before the first Monday of June 
one thousand eight hundred & four. — which payments 
shall be made in Gold & Silver. And the Stockholders 
at their first meeting shall by a majority of votes, deter- 
mine the mode of transferring and disposing of the stock 
and the profits thereof ; which being entered in the books 
of the said Corporation shall be binding on the Stock- 
holders, their successors and assigns. Provided, that no 
Stockholder, shall be allowed to borrow at the said Bank 
until he shall have paid in his full proportion of the said 
one hundred thousand dollars at least. And said Corpo- Amount of real 
ration are hereby made capable in law, to have, hold, fo^beVeidr*^^ 
purchase, recieve, possess enjoy and retain to them, their ^ifi » p»"ovi8o. 
successors and assigns, lands rents tenements and here- 
ditaments to the amount of twenty thousand dollars and no 
more at any one time, with power to bargain sell and dis- 
pose of the same lands tenements & hereditaments, and 
to loan and negociate their monies and efiects, by dis- 
counting on banking principles, on such security as they 
shall think adviseable. Provided however that nothing 
herein contained shall restrain or prevent the said Corpo- 
ration from taking and holding real Estate in Mortgage, 
to any amount, as collateral security for the payment of 
any debts due to the said Corporation. 

Sect. 3d. And be it further enacted, that the following ruics, nmita- 
rules, limitations and provisions shall form and be the ''°"*'^''- 
fundamental articles of the said Corporation. 

First, That the said Corporation shall not issue and obligations 

1 ..,. . i-n -IT not to exceofl 

have in circulation, at any one time, bills notes or obliga- more tiian twice 
tions to a greater amount than twice their Stock actually stock'paid in. 
paid in, neither shall there be due to said Bank at any one 
time more than double the amount of their Capital paid in 
as aforesaid and in case of any excess, the directors, under 
whose administration it may happen, shall be liable for 



314 



Acts, 1802. — Chapter 140. 



Coiporation 
not to liugage 
iu trade. 



Restrictions as 
to real estate. 



President to be 
chosen. 



Cashier to give 
bond. 



Directors of 
other banks 
not eligible. 



Annual meeting 
of Btocliholders 
to be held for 
choice of direc- 
tors, &o. 



the same in their private capacity ; but this shall not be 
construed to exempt the said Corporation or any estate 
real or personal, which they may hold as a body corporate 
from being also liable for, and chargeable with such excess. 

Second. That the said Corporation shall not vest use 
nor improve any of their monies, goods, chatties or eifects 
in trade or Commerce ; but may sell all kinds of personal 
pledges lodged in their hands by way of security to an 
amount sufficient to reimburse the sura loaned. 

Third. That the lands, tenements and hereditaments 
which the said Corporation shall hold, shall be only such 
as shall be requisite for the convenient transaction of their 
business. 

Fourth^ None but a member of the said Corporation 
being a Citizen of this Commonwealth and resident therein, 
shall be eligible for a Director ; and the Directors shall 
choose one of their own number to act as President ; and 
the Cashier before he enters on the duties of his Office 
shall give bond with two sureties, to the satisfaction of 
the board of Directors, in a Sum not less than ten thou- 
sand dollars, with conditions for the faithful discharge of 
the duties of his office. 

Fifth. No Director of any other Bank shall be eligible 
to the office of Director of this Bank, although he may be 
a Stockholder therein ; and any Director, accepting any 
Office in any other Bank, shall be deemed to have vacated 
his place in this Bank. 

Sixth. That for the well ordering the affairs of the 
said Corporation, a meeting of the Stockholders shall be 
held at such place as they shall direct, on the first Mon- 
day of October annually, and at any other time during 
the continuance of the said Corporation, and at such place 
as shall be appointed by the President and Directors, for 
the time being, by Public notification given one week pre- 
vious thereto ; at which annual meeting, there shall be 
chosen by ballot seven Directors, to continue in office the 
year ensuing their election ; and the number of Votes to 
which each Stockholder shall be entitled, shall be accord- 
ing to the number of shares he shall hold in the following 
proportions, that is to say, for one share one vote, and 
every two shares above one shall give a right to one Vote 
more ; Provided, no one member shall have more than ten 
votes and absent members may vote by [by] Proxy, be- 
ing authorised in writing. 



i 



Acts, 1802. — Chapter 140. 315 

Seventh. No Director shall be entitled to any emolu- President to be 
ment for his services, but the Stockholders may make the 
President such compensation as to them shall appear 
reasonable. 

Eighth Not less than four Directors shall constitute Board of 
a l)oard for the transaction of business, of whom the Pres- 
ident shall always be one, except in the case of Sickness, 
or necessary absence, in which case the Directors present 
may choose a chairman, for the time being, in his stead. 

Ninth. All bills issued from the Bank aforesaid, and ^s"ed*foi"irr,. 
signed by the President, shall be binding on the Corpo- than five doi- 
ration ; but it sliall not be lawful for them to issue bills 
of a less denomination than five dollars 

Tenth, The Directors shall make half yearly dividends Dividends, 
of all the profits, rents, premiums and interest of the Bank 
aforesaid. 

Eleventh. The Directors shall have power to appoint g^*'"'"- '=''"''''• 
a Cashier, Clerks, and such other Officers, for carrying on 
the business of said Bank, with such Salaries as to them 
shall seem meet. 

Sect. 4th. And be it further enacted, that the said New^lTrypon. 
Bank shall be established and kept in the town of New- 
bury port aforesaid. 

Sect. 5th. Be it further enacted. That whenever Money to be 

• •! • t r^ • in 'of'ne'' the 

the Legislature shall require it the said Corporation shall commonwealth 
loan to the commonwealth any sum of money not exceed- ^ 
ing Forty thousand dollars, reimburseable by four annual 
instalments or at any shorter period, at the election of the 
Commonwealth, with the annual payment of interest at a 
rate not exceeding five per centum per annum. Provided 
hoivever, That the Commonwealth shall never, at any one 
time, staod indebted to said Corporation, without their 
consent, for a larger sum than Forty thousand dollars. 

Sect. 6. Be it further enacted, that the share or shares shares muy w. 

n • t /^ • •iiT*ii attached; and 

of any member oi said Corporation, ^ith the dividends the manner 
due thereon, shall be liable to attachment and execution in ^^^^^^ 
favor of any bona fide creditor, in manner following vizt. 
Whenever a proper officer, leaving a writ of attachment 
or execution against any such member, shall apply with 
such writ or execution to the Cashier of said Bank, it shall 
be the duty of said Cashier to expose the books of the 
Corporation to such Officer, and furnish him with a Cer- 
tificate under his hand, in his Official Capacity, ascertain- 
ing the number of shares, the said Member holds in said 



316 



Acts, 1802. — Chapter 140. 



Legislative 
coramiltee may 
examine booke, 
&c. 



First meeting. 



Serai-annual 
statementB to 
be made to the 
Governor and 
Council. 



Bank, and the amount of the dividends thereon due ; 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 execution shall be left with the 
said Cashier, and such share or Shares, may be sold on 
execution after the 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 such officer, making 
such Sale, within ten days thereafter to leave an attested 
copy, of the execution, with his return thereon, with the 
Cashier of the Bank, 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 taking in execution as aforesaid, or where 
there shall have been a previous attachment, after such 
attachment notwithstanding any intervening transfer. 

Sect. 7. And be it further enacted, That any Com- 
mittee, specially appointed by the Legislature for the pur- 
pose, shall have a right to examine into the doings of the 
said Corporation, and shall have free access to all their 
books and Vaults ; and if upon such examination it shall 
be found, and after a full hearing of the said Corporation 
thereon, be determined by the Legislature, that said Cor- 
poration have exceeded the powers herein granted them, 
or failed to comply with any of the rules, restrictions and 
Conditions in this Act provided, their incorporation shall 
thereupon be declared forfeited & void. 

Sec. 8. And he it further enacted, that the persons 
herein before named, or any three of them, are authorised 
to call a Meeting of the members and Stockholders of 
said Corporation, as soon as may be, at such time and 
place as they may see fit, by advertising the Same for 
three weeks successively in the Newbury port Newspaper, 
for the purpose of making, ordaining, and establishing 
such bye-laws, ordinances and regulations for the Orderly 
conducting the anairs of the said Corporation, as the said 
Stockholders shall deem necessary, and for the choice of 
the first board of Directors, and such other officers, as 
they shall see fit to choose. 

Sec. 9. And be it further Enacted, That it shall be 
the duty of the Directors of said Bank to transmit to the 
Governour and Council of this Commonwealth, for the 
time being, once in six months at least, and as much 
oftener as they may require, accurate and just Statements 



Acts, 1802. — Chapter 140. 317 

of the Amount of the Capital Stock of said Corporation, 
and of debts due to the same of the monies deposited 
therein, of the Notes in circulation, and of the Gold, 
Silver, and other coined metals and of the bills of other 
Banks on hand, which Statements shall be signed by the 
Directors and attested by the Cashier. 

Sec. 10th. And be it further enacted^ That the Com- commonwealth 
monwealth shall have a right, whenever the Government to^apuarstock. 
thereof shall make provision by law to subscribe to and 
become interested in the capital stock of said Bank, in a 
sum not exceeding one third part thereof, subject to the 
rules, regulations and provisions to be by them made and 
established. 

Sec. 11th. And he it further enacted That the said original 

. iiiiTii; 1 r>iiii amount of 

Corporation shall be liable to pay to any bona hde holder, altered notes to 
the original amount of any note of said Bank counter- ^^" 
feited or altered in the course of its circulation to a larger 
amount, notwithstanding such alteration. 

Sec. 12th. And be it further enacted. That nothing Bank may be 
contained in this Act, shall be construed to prevent the 
Legislature from taxing said Bank at any time hereafter, 
whenever they shall judge it expedient. 

Sec. 13th. And he it further enacted. That one eighth Part of capital 
part of the whole funds of said Bank shall always be ap- agri!iuitu«i 
propriated to loans to be made to citizens of this Com- '°'^''^8'«- 
monwealth, not resident in the town of Newburyport, and 
wherein the Directors shall wholly and exclusively regard 
the agricultural interest ; which loans shall be made in 
sums of not less than one hundred dollars, nor more than 
five hundred dollars, and upon the personal bond of the 
borrower, with collateral security by suflScient mortgage 
of real estate, for a term not less than one year, and on 
condition of paying the interest annually on such loans, 
subject to such forfeiture and right of redemption as by 
law provided, if application be made for such appropria- 
tion. 

Sec. 14th. Be it further enacted, That the Stock- [^f^Peased^n ^^ 
holders of this Bank may increase the capital stock of said certain case. 
Bank, one hundred thousand dollars, payable in gold or 
silver at such times, and in such manner and proportions, 
and subject to the same conditions as the aforesaid capital 
of two hundred thousand dollars — provided, that the 
said sum of one hundred thousand dollars, shall be ex- 
pressly reserved for Josiah Smith and others, who are 



318 Acts, 1802. — Chapter 141. 

petitioners for another Bank in the town of Newburyport. 
AnA provided also that said Josiah Smith and otliers, shall 
within forty days from the time of passing this Act have 
a right to offer and actually subscribe and become stock- 
holders in said Newburyport Bank, in proportion as afore- 
said ; but if they shall not subscribe within the time, and 
for their proportions as aforesaid, then, in such case, the 
capital stock of this Bank shall not exceed the sum of Two 
hundred thousand dollars. Approved March 8, 1803. 

1803. — Chapter 141.* 

[January Session.] 

AN ACT TO APPORTION & ASSESS A TAX OF ONE HUNDRED & 
THIRTY THREE THOUSAND, THREE HUNDRED AND THIRTY 
ONE DOLLARS & EIGHTY FIVE CENTS, & PROVIDING FOR THE 
REIMBURSEMENT OF TWENTY SEVEN THOUSAND THREE 
HUNDRED & NINETY TWO DOLLARS PAID OUT OF THE PUB- 
LIC TREASURY TO THE MEMBERS OF THE HOUSE OF REP- 
RESENTATIVES FOR THEIR ATTENDANCE, THE TWO LAST 
SESSIONS OF THE GENERAL COURT. 

Sect. 1st. Be it enacted by the Senate <& House of 
Representatives in General Court Assembled <& by the 
Authority of the same That each Town, District, planta- 
tion & other place hereinafter named, within this Com- ■ 
monwealth, shall be assessed & pay the several sums with 
which they stand respectively charged in the following 
Schedule Vizt. 

* Not printed in session pamphlet. 



Acts, 1802. — Chapter 141. 



319 





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338 Acts, 1802. — Chaptek 141. 

Sec. 2. And be it further enacted, That the Treasurer 
of this Commonwealth, do forthwith send his Warrant, 
directed to the Selectmen or Assessors of each town, dis- 
trict, plantation or other phice within this Commonwealth, 
the inhabitants whereof are taxed as aforesaid, requiring 
such Selectmen or Assessors respectively to assess in dol- 
lars and cents the sum hereby set upon such town, district, 
plantation or other place in manner following, that is to 
say ; all the male polls above the age of sixteen years, 
within their respective towns, districts, plantations or other 
places adjoining them, belonging to no other town, district 
or plantation, (^provided such places were returned or 
included in the last valuation,) all the polls aforesaid, 
being minors, apprentices, or servants, under the immedi- 
ate government of a parent master or mistress, living in 
the same town, district or plantation, to be taxed to such 
parent, master or mistress, respectively, otherwise to be 
personally taxed at twenty seven cents each ; and the 
remainder of such sum so set to each town, district, plan- 
tation or other place respectively, as aforesaid, (after 
deducting the sums assessed on the polls as aforesaid) to 
assess on the inhabitants of such town, district, plantation, 
or other place as aforesaid according to the just value of 
the real estate possessed by each inhabitant of such town, 
district, plantation or other place respect [tjvely, on the 
first day of May next, in his, her, or their own right, or 
in the right of others, lying within the said town, district, 
plantation or other place, improved or not improved, ex- 
cepting pews in houses for public worship, or upon the 
owners of real estate in such town, district, plantation or 
other place, whether such owners reside within the same 
or not, upon the said first day of May, according to the 
just value of such real estate ; & on the nonresident pro- 
prietors of real estate lying within such town, district, 
plantation or other place, in their own right, or in the 
right of others improved, or not improved ; saving all 
agreements between landlords and tenants ; and where no 
agreement is, the landlord to reimburse such tenant, one 
half of such tax ; and also on the inhabitants of such town, 
district, plantation or other place, and all other persons 
possessing estates within the same, according to the pro- 
portion of the amount of the just value of their respec- 
tive personal estates, including monies at interest, more 
than they pay interest for, although the same be secured 



Acts, 1802. — Chapter 141. 339 

by an absolute conveyance of real estate, if a bond of 
defeasance, or promise of conveyance has been given, and 
all other debts due, more than they are indebted for — 
money of all kinds on hand, public securities of all 
kinds, and Bank stock held in any Bank, and shares or 
property held in any incorporate Bridges, or Turnpike 
roads, according to the just value thereof; and also the 
just amount of the value of all goods, wares and mer- 
chandize, or any other stock in trade ; vessels of all sorts 
at home or abroad, with all their stores and appurte- 
nances, mules horses and neat cattle, each of one year 
old & upwards, {provided however, that mules, horses 
and neat cattle belonging to the inhabitants of any town, 
and sent out of said town for pasturage only, previous to 
or on the first day of May, shall be in all cases taxed in 
the town where the owner lives ;) and swine of six months 
old and upwards ; and all other property of the several 
kinds returned in the last valuation, except sheep, house- 
hold furniture, wearing apparel, farming utensils and tools 
of mechanics on the said first day of May. And the As- 
sessors of the respective towns, districts, plantations and 
other places as aforesaid, shall estimate all the before enu- 
merated articles at six per centum upon the real value 
thereof, in the places where they are, (excepting unim- 
proved lands, which shall be estimated at two per centum, 
where they are situated ;) and on the amount of the incomes 
of the inhabitants within their respective precincts as afore- 
said, from any profession, handicraft, trade or employ- 
ment, or gained by trading on sea or on land. And the 
Treasurer in his said Warrant, shall likewise require the 
said Assessors respectively, to make a fair list of such 
.assessments, setting forth in distinct columns, against each 
person's name, how much he or she is assessed for polls, 
how much for real estate, and how much for personal 
estate and income as aforesaid; & if as guardian, or for 
any estate in his or her possession in trust, to be distinctly 
expressed, and also to insert in their rate bills, the num- 
ber of acres of unimproved laud, which they have taxed 
to each of the nonresident proprietors of lands within 
their respective towns, districts, plantations or other 
places, and also the real value at which they have esti- 
mated the same ; and the list or lists so compleated and 
signed by them in manner aforesaid, or by the major part of 
them, to commit to the Collector or Collectors, Constable 



340 Acts, 1802. ~ Chapter 141. 

or Constables, of such town, district, plantation or other 
place respectively, with a Warrant or Warrants in due 
form of law for collecting and paying the same to the 
Treasurer of this Commonwealth, on or before the first 
day of April, in the year of our LORD one thousand 
eight hundred and four ; and also to return a certificate 
of the name or names of such Collector or Collectors, 
Constable or Constables, with the sum total committed to 
them respectively to collect, to the said Treasurer, some- 
time before the first day of December next. 

And whereas there are many persons within this Com- 
monwealth, who are engaged in trade, and who almost 
entirely negociate their business, and hire shops, stores 
and wharves in other towns than where they dwell or re- 
side, and whose property & ability in this regard cannot 
be so well known to the assessors of the several towns, 
districts, or plantations wherein such persons dwell or 
reside, as to the Assessors of the several towns wherein 
their business is transacted as aforesaid. 

Sec. 3d. Be it therefore enacted^ That all such per- 
sons within the description aforesaid, shall be assessed by 
the Assessors thereof, and pay taxes for such of their 
goods wares and merchandize, or other stock in trade, 
ships and vessels as are sold, used and improved in such 
towns, other than where they reside, and not in the towns 
where such persons dwell or reside ; and they shall accord- 
ingly give in on oath, if required a list of their whole 
estate respectively, to the Assessors of their respective 
towns or places of residence, distinguishing what part 
thereof is rateable in other towns ; and in default thereof 
shall be doomed by the Assessors of such towns and 
places where they respectively reside, or have their home. 
Provided always, that this clause be not in any case so 
construed, as to enable any town to tax any inhabitant of 
any other town for any estate for which such other town 
was charged in the last valuation. 

Sec. 4th. Provided nevertheless, and be it further en- 
acted. That the President, Professors, Tutors, Librarian, 
and Students of Harvard College, Williams College and 
Bowdoin College, who have their usual residence there, 
and who enjoy no other pecuniary office or employment ; 
also Ministers of the Gospel, Preceptors of Academies 
by law established, and Latin (grammar School Masters, 
are not to be assessed for their polls and estates under 



Acts, 1802. — Chapter 141. 341 

their own actual management or improvement, lying in 
the towns, districts or parishes where they are settled ; 
and also all persons who have the management of the 
estates of Harvard College, Williams College, and Bow- 
doin College, and Academies aforesaid, in this Common- 
wealth, are not to be assessed for the same, nor Indians 
for their polls and estates ; and if there be any others, 
who by reason of age, infirmity or })overty, are unable to 
pay towards the public charges, and in the judgment of 
the Assessors ought to be relieved in their taxes, in any 
such case the Assessors respectively may exempt the polls 
and estates of such persons, or abate any part of what 
they are set at, as they on their oaths shall deem just and 
equitable. 

Sec. 5th. And be it further enacted. That the Jus- 
tices of the Peace at their several sessions in their respec- 
tive Counties, when duly authorized for the assessment of 
a County tax, shall apportion the same on the several 
towns, districts plantations, and other places, in their 
respective Counties as aforesaid, in the respective pro- 
portions of this tax. And the Assessors of each town, 
parish, district, or other place within this Commonwealth, 
in making County, town, parish or society taxes shall 
govern themselves by the same rules, and assess the polls 
in their respective towns, parishes or societies, in the 
same proportions as the said polls pay towards the several 
sums with which the said towns or other places, by this 
Act respectively stand charged, having regard to all such 
alterations of polls or property as may happen within the 
same subsequent to assessing the tax laid by this Act, 
excepting such parishes and societies for which different 
provision is made by law, for assessing their taxes. Pro- 
vided aliuays, that it shall and may be lawful for any 
town, district or plantation to levy, make and collect 
any County, town, parish or society tax, and for that 
purpose to cause a valuation to be taken at any time of the 
year, which the said town or other place, shall determine 
to be expedient, at a legal meeting warned for that pur- 
pose. And the Assessors of the several towns, which by 
this Act are charged with the pay of Representatives, 
shall assess such additional sum on the polls and estates 
as aforesaid, within their respective towns, and shall ap- 
portion the same in the same proportion, at which such 
polls and estates shall be respectively set for raising the 



842 



Acts, 1802. — Chapter 141. 



I 



sum of One hundred & thirty three thousand, three hun- 
dred and thirty one dollars and eighty five cents. 

Sec. 6th. And he it further enacted. That twenty thou- 
sand dollars of the sum ordered to be assessed and paid 
by this Act, be, and hereby is appropriated towards pay- 
ing the interest on the public debt ; and the residue for 
defreying the expences of Government. 

Sec. 7th. And be it further enacted, That no order 
shall be drawn by the Treasurer of this Commonwealth, 
on any Constable or Collector of this tax, for any part 
of the same. 

Sec. 8th. And he it further enacted. That the Select- 
men or Assessors of each town, district plantation or 
other place within this Commonwealth, the inhabitants 
whereof are to be taxed as required in this Act, be, and 
hereby are directed to make their several rate lists, to [to] 
be committed to Collectors or Constables in the forms 
prescribed at the foot of this Act. 

Form of Rate lists to be made by Assessors & committed to Collectors 
or Constables. 



STATE TAX. 



Names of persons 
to be taxed 



Number 
of polls 



Dollars Cents, 



Dollars. Cents. 



Personal estate 
and income 



Dollars. Cents. 



Dollars. Cents. 



Form of Bate lists of nonresident proprietors of unimproved lands. 



STATE TAX. 



Names of 

persons to 

be taxed 

(If known) 



No. of 

each lot 

(ifknown) 



Number of 
Division or 
description of 
the range 
(ifknown) 



Number 
of acres 



i 

1 



Dollars. Cents. 



Dollars. Cents. 



Dollars. Cents. 



Approved February 26, 1803. 



RESOLVES 



MASSACHUSETTS. 



1802. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY, THE TWENTY-SIXTH DAY OF 

MAY, ANNO DOMINI, 1802. 



BOSTON : 

PRINTED BY YOUNG & MINNS, 

Printers to the Honorable the General Court. 

Reprinted by Wright & Potter Printing Company, State Printers. 



RESOLVES 



GENERAL COURT OF THE COMMONWEALTH 
OF MASSACHUSETTS. 

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF 
SUFFOLK, ON WEDNESDAY THE TWENTY-SIXTH DAY 
OF MAT, A.D. 1802. 

His Excellency CALEB STRONG, Esquire. 
Governor. 

His Honor EDWARD H. ROBBINS, Esquiie. 
Lieutenant Governor. 



COUNSELLORS. 



Honorable Nathan Gushing, 
John Hastings, 
Oliver Wendell, 
Stephen Choate, 
Fisher Ames, 



Honorable Alexander Campbell, 
Salem Town, 
Beza Haywai'd, 
Timothy Bigelow, 
Esqrs. 



SENATORS. 
Hon. DAVID COBB, Esq. President. 



Suffolk. 
Hon. Peleg CoflBn, 
William Tudor, 
John Q. Adams, Esqrs. 

Essex. 
Hon. John Treadwell, 
Nathaniel Marsh, 
Enoch Titcomb, 
Benjamin Pickman, jun. 
Esqrs. 

Middlesex. 
Hon. Jonathan Maynard, 
Aaron Hill, 
William Hildreth, 
William Hull, Esqi's. 



Worcester. 
Hon. Elijah Brigham, 
Bezaleel Taft, 
Thomas Hale, 
Daniel Bigelow, Esqrs. 



Hampshire. 
Hon. Samuel Fowler, 
Thomas Dwight, 
Ebenezer Hunt, 
Hugh McLellan, Esqrs. 



Berkshire. 
Hon. Thomson J. Skinner, 

Barnabas Bidwell, Esqrs. 



348 



Eesolvbs, 1802. — May Session. 



York. 
Hon. Simon Frye, 

John Woodman, Esqrs 



SENATORS— Concluded. 

Barnstable. 
Hon. John Dillingham, Esq. 



Bristol. 
Hon. Elisha May, 

Alden Sj^ooner, Esqrs. 



Plymouth. 
Hon. Isaac Thomson, Esq. 

Dukes County & Nantucket. 
Hon. Isaac Coflfin, Esq. 



Cumberland. 
Hon. Woodbury Storer, 

John Cushing, Esqrs. 

Lincoln, Hancock, Washing- 
ton & Kennebec. 
Hon. Nathaniel Dummer, 
David Cobb, Esqrs. 

Norfolk. 
Hon. Benjamin Hichborn, 
William Aspinwall, 
John Ellis, Esqrs. 



Rev. PETER THACHER, D.D. Chaplain. 
Mr. GEORGE E. VAUGHAN, Clerk. 

HOUSE OF REPRESENTATIVES. 

Hon. JOHN C. JONES, Esq. Speaker. 

County of Suffolk. 

Boston, John Coffin Jones, Boston, John Lowell, 
Harrison G. Otis, William Brown, 

Joseph Russell, Jonathan Hunnewell. 

Samuel Parkman, Hingham, Nathan Rice. 



County of Essex. 



Salem, Ebenezer Beckford, 

William Prescott, 

John Gardner, jun. 
Danvers, Gideon Foster, 
Ipswich, Nathaniel Wade, 

Joseph Swasey, 

Jona. Cogswell, jun. 
Newbury, Josiah Little, 

Joseph Newell, 
Neiobury Port, William Coombs, 

Jonathan Marsh, 

William Bartlett, 

George Bradbury, 
Marblehead, Joshua Prentiss, 

Richard James, 



Lynn and Lynnfield, James Rob- 
inson, 
Andover, Thomas Kittridge, 
Beverly, Israel Thorndike, 

Joseph Wood, 
Rowley, Moody Spafford, 
Salisbury, Jacob Brown, 
Haverhill, Francis Carr, 
Gloucester, John Rowe, 
Topsfield, Sylvanus Wildes, 
Amesbury, Joseph Hoyt, 
Bradford, Peter Russell, 
Methuen, William Russ, 
Boxford, Thomas Perley, 
Hamilton, Robert Dodge. 



County of Middlesex. 
Cambridge, Jeduthan Willington, Woburn, Loammi Baldwin, 



Watertown, Amos Bond, 
Charlestown, Thomas Harris, 



Concord, Joseph Chandler, 
Newton, Timothy Jackson, 



1 



Resolves, 1802. — Mat Session. 



349 



REPRESENTATIVES— Continued. 



County of Middlesex — Concluded. 

Reading, James Bancroft, Weston, John Slack 

Marlborough, Daniel Brigham, 

Billerica, Jonathan Bowers, 

Framingham, Jona. Maynard, 

Lexington, Joseph Simonds. 

Chelmsford, William Adams, 

Sudbury, Jonathan Rice, 

Maiden, Jonathan Cakes, 



Medford, Nathaniel Hall, 
Waltham, Jonathan Coolidge, 
Qroton, Timothy Bigelow, 

Samuel Dana, 
Dracut, Israel Hildreth, 
Acton and Carlisle, Jonas Brooks, 
East-Sudbury, Jacob Reeves. 



County of Hampshire. 



Springfield, William Ely, 

West Spririgf eld, Jonathan Smith, 

jun. ■ 
Wilbraham, John Bliss, 
Northampton and } j^^^^ ^ j^ 
Easthampton, ^ •' 

South-Hadley, Ruggles Wood- 
bridge, 
Amherst, Zebina Montague. 
Qranby, David Smith, 
Westfield, John Ingersoll, 
Deerfield, David Hoit, 
Brimfield, Clark Brown, 
New Salem, Edward Upham, 
Ashfield, Ephraim Williams, 
Worthington, Ezra Starkweather, 
Chesterfield, Benjamin Bonney, 
Monson, Abner Brown, 
Pelham, Isaac Abercrombie, 
Eadley, Samuel Porter, 
Palmer, James Smith, 
Montague, Israel Gunn, 
Northfield, Solomon Vose, 



Belcherton, Eleazer Clark, 
Colrain, Hugh McLellan, 
Charlemont, Stephen Bates, 
Stanford, William Knox, 2d. 
Shelburne, John Long, 
Southivick, Joseph Forward, 
Oranville, John Pheli^s, 

Israel Parsons, 
Greenfield, and QUI, Jonathan 

Leavitt, 
Oreenwich, Robert Field, 
Southampton, Lemuel Pomeroy, 
Warivick and Orange, Josiah 

Cobb, 
Ware, William Bowdoin, 
Chester, Elijah Blackman, 
Plainfield and Cummington, Eb- 

enezer Snell, 
Longmeadow, Nathaniel Ely, 
Middlefield, Matthew Smith, 
Eawley, Edmund Longly, 
Hatfield, John Hastings. 



County of Plymouth. 



Plymouth, Nathaniel Goodwin, 
Scituate, Elijah Turner, 
Duxbury, Seth Sprague, 
Marshfield, Elisha PhilliiJS, 
Bridgewater, Nahum Mitchell, 



Middleborough, John Tinkham, 
Rochester, Elisha Ruggles, 
Kingston, Jedediah Holmes, 
Abington, Aaron Hobart, 
Hanover, Albert Smith. 



County of Bristol. 



Taunton, Nicholas Tillinghast, 
Rehoboth, Frederick Drown, 
Swanzey, Christopher Mason, 
Dartmouth, Holder Slocum, 
Norton, George Leonard, 
Atlleborough, Ebenezer Tyler, 
Dighton, George Walker, 



Freetown, Nathaniel Morton, jun. 
Raynham, Abraham Hathaway, 
Easton, Abiel Mitchell, 
Berkley, Apollos Tobey, 
New Bedford, Seth Spooner, 
Westport, Abner Brownell, 
Somerset, Francis Borland. 



350 



Resolves, 1802. — May Session. 



REPRESENTATIVES— Continued. 
County of Barnstable. 



Barnstable, Jonas Whitman, 
Sandwich, William Bodfish, 
Yarmouth, Elisha Doane, 
Harwich, Ebeni'. Broadbrooks, 



Wellfleet, Reuben Rich, 
Falmouth, David Nye, 
Chatham, Richard Sears, 
Orleans, Richard Sparrow. 



County of Nantucket. 
Nantucket, Micajah Coffin. 

County of Worcester. 



Worcester, Samuel Curtis, 

Edward Bangs, 
Lancaster, William Stedman, 
Mendon, Joseph Adams, 
Brookfield, John Cutler, 
Charlton, Salem Town, 
Sutton, Stephen Monro, 
Spencer, Benjamin Drury, 
Rutland, Daniel Walker, 
Westborough, Nathan Fisher, 
Northborough, James Keyes, 
Shrewsbury, Jonah Howe, 
Uxbridge, Bezaleel Taft, 
Harvard, Benjamin Kimball, 



Bolton and Berlin, Jonathan Mer- 

iam, 
Sturbridge, Thomas Upham, 
Hardwick, John Hastings, 
Holden, William Drury, 
Douglas, Aaron Marsh, 
Petersham, Daniel Bigelow, 
Boylston, James Longley, 
Westminster, Jonas Whitney, 
Athol, Eleazer Graves, 
Prificeton, David Rice, 
Dudley, Thomas Larned, 
Barre, Joel Bent, 
Milford, Samuel Jones, 
Sterling, Israel Allen. 



Coimty of Berkshire. 



Sheffield and ) 



Moses Hub- 
Mt. Washington, ^ bard, 
Oreat Barrington, Thomas Ives, 
New Marlborough, Benjamin 

Wheeler, 
Williamstown, William Young, 
Lanesborough and ) Gideon 
New Alford, \ Wheeler, 

Pitts field, Joshua Danforth, 
Partridgefield, William Frissell, 
Lenox, Enos Stone, 
Stockbridge, Jonathan Patten, 



Egremont, Francis Heare, 
Tyringham, Adonijah Bidwell, 
Sandisfield and Southfield, John 

Canfield, 
Windsor, Joshua Beals, 
Richmond, Zachai'iah Pierson, 
West-Stockbridge, Grove Pome- 

roy, 
Adams, Abraham Howland, 
Lee, Joseph Whitton, 
Cheshire, Elisha Wells. 



County of Norfolk. 



Roxbury, Ebenezer Seaver, 
Joseph Heath, 
William Brewer, 
Dorchester, John Howe, 

Perez Morton, 
Weymouth, Asa White, 
Dedham, Ebenezer Fisher, 
Brookline, Stephen Sharp, 



Medfield and Dover, John Bax- 
ter, 
Medway, Moses Richardson, 
Walpole, Oliver Clap, 
Wrentham, Nathan Comstock, 
Franklin, Jolin Boyd, 
Quincy, Moses Black, 
Canton, Josej^h Bemis. 



Resolves, 1 802. — May Session. 351 



REPRESENTATIVES— Concluded. 

Cotmty of YoKK. 

York, Samuel Darby, Buxton, John Woodman, 

Zi^iery, Mark Adams, Lebanon, Thomas M. VVent- 
Wells, Joseph Moody, worth, 

Berwick, Richd. F. Cutts, Sanford, John Holmes, 

Arundel, Robert Towne, Fryeburg, William Fessenden, 

Biddeford, Aaron Porter, Coxhall, John Low, 
Pepperelborough, Samuel Scam- Shaj)leigh, John Leighton. 
mon, 

County of Cumberland, 

Falmouth, Archelaus Lewis, Oorham, Lothrop Lewis, 

Portland, Joseph Titcomb, Brunswick, John Dunlap, 

No. Yarmotith, James Prince, Lewiston, John Herrick. 
Scarborotcgh, Joseph Emerson, 

County of Lincoln. 

Pownalborough, David Payson, Thomaston, Henry Knox, 

Newcastle, John Farley, Cushing, John McKellar, 

Woohvich, Peleg Tallman, Bath, Joshua Shaw, 

Topsham, Jonathan Ellis, Belfast, Jonathan Wilson, 

Bristol, Thomas McClure, Camdeti, Samuel Jacobs. 
Waldoborough, Waterman 
' Thomas, 

County of Kennebeck. 

Augusta, Samuel Howard, Winthrop, William Richards, 

Eallowell, Thomas Fillebrown, Monmouth, John Chandler, 
Winslow, Elnathan Sherwin, Mount Vernon, Nathaniel Dud- 

ley. 

County of Hancock. 

Penobscot, Jeremiah Wardwell, Hampden, Martin Kinsley, 
Frankfort, Abner Bicknell, Castine, Oliver Mann. 

Orrington, Joseph Carr, 

JOHN T, KIRKLAND, Chaplain. 
HENRY WARREN, Clerk. 



Chapter 1. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC IN THE COUNTY 
OF LINCOLN, TO RESIDE AT NEWCASTLE. 

Resolved that there shall in future be appointed an addi- 
tional Notary Public in the County of Lincoln, to reside 
at New Castle. May 31, 1802. 



352 Resolves, 1802. — May Session. 



Chapter 2. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC IN THE COUNTY 
OF BERKSHIRE, TO RESIDE IN SANDISFIELD. 

Resolved, that an additional Notary Public be appointed 
for the County of Berkshire, to reside in the Town of 
Sandisfield in said County. June i, 1802. 

Chapter 3. 

RESOLVE ON THE PETITION OF ISRAEL LOVETT AND BAR- 
THOLOMEW LOVETT, REMITTING THE DEFAULT OF ONE 
JOSEPH LOVETT, WITH DIRECTION TO THE SHERIFF OF 
LINCOLN COUNTY IN THIS CASE. 

On the Petition of Israel Lovett & Bartholomew Lovett. 

Resolved that the Judgment rendered in favour of this 
Commonwea[ZJth against the said Israel Lovett & Bar- 
tholomew Lovett for the default of one Joseph Lovett 
for Whom they were bail, be and the same is hereby 
remitted ; and the Sheriff of the County of Lincoln is 
hereby directed to discharge the Execution issued on said 
Judgment, on Condition the said Israel & Bartholomew, 
pay the Legal Costs. June i, 1802. 

Chapter 4. 

RESOLVE FOR AN ADDITIONAL NOTARY PUBLIC FOR THE 
COUNTY OF HANCOCK, TO RESIDE AT BELFAST. 

Resolved that an additional notary public be appointed 
for the County of Hancock to reside at Belfast. 

June 2, 1802. 

Chapter 5. 

RESOLVE ON THE PETITION OF JOSEPH MORRILL AND OTHERS, 
CONFIRMING THE DOINGS OF A MEETING OF THE INHAB- 
ITANTS OF BIDDEFORD, ON THE 29th MARCH LAST. 

On the petition of Joseph Morrill & others in behalf 
of the town of Biddeford, setting forth, that the usual 
meeting of the inhabitants of said town, for the purpose 
of choosing town Officers, on the first day of March last, 
was prevented from being legally holden by reason of the 
great depth of snow — and that by the direction of the 
Selectmen of said town, a meeting of the inhabitants 



Resolves, 1802. -— Mat Session. 353 

thereof took place on the twenty ninth day of March last 
for the purpose aforesaid ; & praying that the doings of 
the last mentioned meeting should be confirmed. 

Resolved — for reasons set forth in said petition, that 
the meeting of the inhabitants of Biddeford, held on the 
twenty ninth day of March last, be, & the same is hereby 
established & rendered valid, & the doings of the said 
Meeting confirmed, so far as they were conformable to 
law. June 5, 1802. 

Chapter 6. 

RESOLVE ON THE PETITION OF ISAIAH THOMAS AND OTHERS. 

On the petition of Isaiah Thomas & others praying that 
the doings of the second parish in Worcester at their 
parish Meeting held on the twelfth day of April in the 
Year of our Lord Eighteen hundred and two, & all sub- 
sequent doing thereon May be Confirmed. 

Resolved that all the doings of said parish at said Meet- 
ing and all subsequent doings thereon which would have 
been legal if the Clerk pro tempore chosen at said Meet- 
ing had been sworn, be & hereby are made valid & Con- 
firmed as if the said Clerk had been legally sworn. 

June 5, 1802. 

Chapter 7. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
GENERAL COURT. 

Resolved, that there be allow'd and paid out of the 
Treasury of this Commonwealth, to each Member of the 
Council, Senate, and House of Representatives, Two dol- 
lars ^ Day, for each day's attendance the present Session, 
and the like sum for every ten miles Travel from their 
respective places of abode, to the place of the sitting of 
the General Court. 

And it is further Resolved , that there be paid to the 
President of the Senate, and Speaker of the House of 
Representatives, each two dollars ^ day, for each and 
every day's attendance, over and above their pay as 
Members. Jxme 5, 1802. 



354 Resolves, 1802. — May Session. 



ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SESSION. 

May it please your Excellency^ 

The House of Representatives receive with pleasure & 
respect, the Address of your Excellency, to both branches 
of the Legislature, and offer, in return, their sincere con- 
gratulations, upon the recent instance of the high esteem 
& increasing confidence of the Citizens, manifested in the 
late election. 

We are fully aware of the delicate nature, of that portion 
of your Excellency's duties, which regard appointments to 
office, and firmly believe, that in the selection of Candi- 
dates, your Excellency has been uniformly actuated by the 
most impartial views to the interest and convenience of 
the People. Competition for offices, of necessity, gives 
rise to personal disappointment, and the difficulty of 
deciding upon pretensions apparently equal, must some- 
times occasion embarrassment. But no material detri- 
ment to the public interest will arise from these sources, 
while the power of appointment is exercised with a sincere 
desire to select able and upright men. It is only when 
subjected to the influence of passion, intolerance, or party 
projects, that this power becomes a scourge to the People. 
The sound & pertinent sentiments advanced by your Ex- 
cellency, upon the general importance of government to 
the peace of society, its tendency to promote the public 
happiness, & induce a compliance with the Laws of the 
Supreme Being, demand our most cordial assent and ap- 
probation . 

We rejoice in the existence of that National Constitu- 
tion, which unites the People of the several States, in the 
bonds of interest, and entitles them to the common privi- 
lege of citizens. Nothing shall be wanting, on our part, 
to continue & extend its advantages to our Fellow Citi- 
zens, by the performance of such duties, as, on the part 
of this Commonwealth, is now incumbent upon us. 

The importance of the union of the States, and of the 
National Government, to our safety and tranquility, can- 
not be too frequently inculcated. We regard the preser- 
vation of both as the most sacred of our public duties. In 
an extensive Confederacy, composed of various States, 
mutual jealousies and violent collisions of opinion are 
naturally expected, and it may sometimes happen, that 



Resolves, 1802. — May Session. 855 

local politics and predilections may acquire a dangerous 
ascendancy in the public Councils. In such seasons, 
patience, moderation, and a reliance upon constitutional 
redress, would become all good Citizens. If, instead of 
this temper, the public mind should be actuated by des- 
perate resolutions to abandon the Union, or a premature 
diffidence of our means to maintain it, the disorder & 
weakness incident to small and jarring Confederacies 
would expose us to the loss of national importance, and 
individual liberty. 

We unite with your Excellency, in deprecating the per- 
nicious effects of that party spirit which has proved the 
bane of every other Eepublic, and which is the principal, 
if not the only source, of the Calamities which threaten a 
free and independent People. The evils arising from the 
excessive indulgence of this intolerant and unsocial spirit, 
among those who are not the immediate agents of public 
aflairs, are serious obstacles to general prosperity and pri- 
vate happiness. But if, in any elective government, not 
merely the People, but their Rulers shall become infected 
with this malignant spirit of party ; if bursting from the 
confines of private circles, it shall shed its fatal influence 
over Magistrates and Legislators, then indeed will the 
public interest be sacrificed, to private attachments ; then 
will merit languish in obscurity and disgrace, while honors 
& promotion await the selfish and unworthy ; then will 
such a Nation realize that paper Constitutions are feeble 
barriers against the devices of sophistry, or the assaults 
of violence. We trust, however, with your Excellency, 
that the mild character of our fellow citizens, and their 
general information, will save us from those excesses of 
party zeal, by which other Nations have been disgraced. 
This salutary object is naturally promoted by the moderate 
and conciliatory sentiments of a Chief Magistrate, when 
sanctioned by his conduct & example ; and it is a tribute 
of justice due to your Excellency to declare, that your 
disposition to assuage the acrimony of party, is not left to 
be inferred from your declarations only, but is apparent 
in the whole tenor of your Excellency's public conduct. 

The particular subjects detailed in your Excellency's 
address, are entitled to, and shall receive our diligent at- 
tention, and we shall assiduously co-operate in affording 
that dispatch to the business of the Ses'sion, which the 
public convenience, at this season of the year, peculiarly 
requires. June 5, 1802. 



356 Resolves, 1802. — Mat Session. 



ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT THE 
OPENING OF THE SESSION. 

May it please your Excellency^ 

The Senate sincerely congratulate your Excellency upon 
your re-election to the first office of this Commonwealth, 
& however delicate or arduous may be the duties which 
you are called to perform we doubt not they will be dis- 
charged with that wisdom, impartiality, and regard to the 
best interests of your constituents, which have hitherto 
marked your public conduct, and secured to you their 
esteem and approbation. 

In all our deliberations we shall endeavour to keep our 
excellent Constitution steadyly in view, to make it the 
rule and guide of our conduct, and we hope that all our 
measures will tend to promote the invaluable objects for 
which it was ordained & established. We are sensible 
that government is necessary, for man ; without it he 
cannot enjoy the blessings of Society. And it is with 
gratitude we reflect that the citizens of the United States 
are blessed with the freest governments on earth, which 
emanated from themselves, and are administered by men 
of their own appointment. To prove the superiority of 
these governments to preserve and perpetuate them to 
transmit them unimpaired to the latest posterity must be 
the highest ambition of every honest citizen. 

With your Excellency we feel the necessity and im- 
portance of preserving the Union of these States ; on it 
under Divine Providence depend our respectability and 
safety as a Nation, and our happiness as individuals. In- 
calculable are the evils which might flow from their dis- 
union. It is therefore the duty of all, but more especially 
of those who are placed in public office, to cultivate and 
cherish such a spirit as will best tend to avert an event so 
justly to be deprecated. As the best mean however of 
perpetuating our union, the citizens of the United States 
should be impressed with a due sense of the importance 
of preserving the Federal Constitution inviolate. 

To strengthen our national union, to give stability to 
the Constitutions which we have in the most solemn man- 
ner engaged to support, to promote a generous confidence 
in those who are called to administer our governments, 
and at the same time a vigilant attention to their measures 
of administration, are not less the dictates of interest than 



Resolves, 1802. — May Session. 357 

of duty. We trust that the good sense and patriotism of 
the people will forever preserve the principles of our Con- 
stitutions from violation ; and if under the influence of 
party zeal, or a mistaken desire to promote the public 
good, any acts should ever be passed inconsistent with 
those principles, that they will not obtain the sanction of 
time. And we deem it proper on this occasion to declare, 
that we consider an Independent Judiciary as one of the 
best supports and most essential attributes of a free gov- 
ernment. 

The experience of all ages has proved, that there is no 
evil to which free nations are more exposed than the prev- 
alence of party spirit. It is perhaps the necessary ofl- 
spring of free governments ; but it frequently proves their 
bane and destruction. It is incumbent, therefore, on 
every good citizen carefully to watch over & suppress such 
a spirit in himself, and frown upon and discountenance it 
in others. They who, to promote party purposes, or to 
raise themselves to office invent and give circulation to 
tales of calumny respecting public characters, whatever 
may be their professions, must have hearts totally devoid 
of every truly virtuous and patriotic principle. They not 
only injure the persons whom they calumniate but they do 
an irreparable injury to the community. They discourage 
good men from accepting offices of trust and responsibil- 
ity. They introduce men unprincipled and regardless of 
character, in their stead ; they thereby pave the way for 
the destruction of our present free governments, and will 
enable some popular and successful usurper to establish 
his empire on their ruins. We flatter ourselves that the 
mildness of the american character, and the good sense of 
the people will preserve them from these evils ; but it 
ought to be deeply impressed on their minds, that the 
only way to avoid the calamities which have befallen other 
free nations, is to avoid their errors. 

The several subjects which your Excellency has pointed 
out for our consideration, and any subsequent communica- 
tions which you may be pleased to make shall meet a 
prompt and respectful attention. We shall endeavour to 
expedite the public business by an assiduous attention to 
it. We doubt not your Excellency's disposition to render 
the session agreeable to the members of the Government, 
nor of your ready concurrence in every measure calculated 
to promote the public good. June 4, 1802. 



358 Resolves, 1802. — May Session. 



Chapter 8. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF PLYMOUTH AND GRANTING A TAX. 

Whereas the Treasurer of the County of Plymouth has 
hiid his Accounts before the General Court, in manner 
prescribed by law, which Accounts are hereby allowed : 
And Whereas the Court of General Sessions of the Peace 
for the said County of Plymouth has exhibited an esti- 
mate made by the said Court of the necessary charges 
likely to arise within the said County for the Year ensu- 
ing amounting to One thousand five hundred Dollars : 
And Whereas it appears from a Report of a Committee 
of Accounts respecting the state of the Treasury of said 
County, which was accepted by said Court that the Sum 
of One thousand Dollars in addition to the Money now 
in said Treasury will be sufficient to defray the expences 
of said County for said Year : 

Resolved^ That the Sum of One Thousand Dollars be, & 
hereby is granted as a Tax for the said County of Plym- 
outh, to be apportioned, assessed, collected paid & ap- 
plied for the purposes aforesaid, according to law. 

June 4, 1802. 



Chapter 9. 

RESOLVE APPOINTING YOUNG & MINNS PRINTERS FOR THE YEAR 
ENSUING, AND ESTABLISHING THE RATES FOR PRINTING. 

On the petition of Young and Minns, praying to be 
employed as Printers to the Commonwealth the ensuing 
year. 

Resolved, That the said Young & Minns be, and hereby 
are appointed the Printers of this Commonwealth for one 
year from the first day of July next ; and that they fur- 
nish the paper and do and perform the Printing in a 
workman like manner, on as good paper as was used the 
last year, and to the acceptance of the officers for whom 
the work may be done. 

Be it further resolved. That there shall be allowed and 
paid out of the Treasury of this Commonwealth to the 
said Young & Minns, for Paper and their services, at the 
rates following, to wit, for 800 copies of laws passed in 
the year, sixteen dollars, for every four pages in one pam- 



Resolves, 1802. — May Session. 359 

phlet, folio foolscap, stitched in blue paper ; for 800 copies 
of the Resolves, including an Index, sixteen dollars for 
every four pages in one pamphlet, sti[e]tched, &c. as 
aforesaid. These Books to be ready to be delivered as 
soon after each session as they can be completed ; and 
those not delivered by the said Printers, to persons enti- 
tled to them, in the course of the year, are to be returned 
to the Secretary's-Office ; for Thanksgiving and Fast Proc- 
lamations 25 dollars for 900 ; Regimental Returns ruled 3 
cents each ; Captains Muster Rolls, & Returns, Infantry 
and Cavalry Returns one and a half cent each ; Govern- 
ors' Warrants, Officers' Commissions, Sargents' Warrants, 
Officers' Resignations, General Orders, Treasurers' Exe- 
cutions, and Receipts, one cent each ; for Tax Acts ten 
cents each ; Tax Warrants three cents each ; Certificates 
of Leave of Absence one cent each ; Election Sermons 
8^ cents each ; Federal Representative Precepts, 4 cents 
each ; — All Printing not herein enumerated which may 
be performed, is to be compensated for by comparison 
with the before mentioned articles and rates, to be deter- 
mined by the Committee on accounts. 

And it is further resolved, That the said Young & 
Minns shall not be held to deliver the whole number of 
books of the Acts and Resolves of January Session, 1803, 
within the year for which this contract is made, unless the 
Secretary shall furnish the copies, on or before the 15th 
of April of the same year, and a form of the Index in 
four days after the last sheet of the Resolves of said Ses- 
sion shall be presented to him. June 5, 1802. 

Chapter 10. 

RESOLVE MAKING VALID ALL APPEALS, WRITS, &c. IN THE 
COURTS OF GENERAL SESSIONS OF THE PEACE, AND COURT 
OF COMMON PLEAS, WITHIN AND FOR THE COUNTY OF 
ESSEX, ON THE LAST TUESDAY OF JUNE INSTANT, ANY 
LAW TO THE CONTRARY NOTWITHSTANDING. 

Whereas by a Law of the Legislature passed Feby. 2d, 
1802, an alteration was made of the time for holding the 
Courts of General Sessions of the Peace, & Court of Com- 
mon Pleas within & for the County of Essex, from the 
second tuesday of July to the last tuesday of June an- 
nually — & whereas writs may have been issued, return- 
able to said Court of Common pleas, which was to have 
been holden on the second tuesday of July next, before 



360 Resolves, 1802. — May Session. 

the alteration of the time of holding said Court was gen- 
erally known in said County : 

Resolved^ that all appeals, writs, recognizances, war- 
rants & other processes which may have been issued, 
taken & are depending in, & made returnable into the 
said Courts or either of them, & all matters & things 
which might have been proceeded upon, have day in, be 
heard & determined by the said Courts or either of them, 
on the second tuesday of July next, shall be returned to, 
have day in, be proceeded upon, heard & determined by 
the said Courts or either of them, to be holden on the 
last tuesday of June instt. any Law to the contrary not- 
withstanding. June 5, 1802. 

Chapter 11. 

RESOLVE ON THE PETITION OF JAMES WISER, OF WARD. 

On the petition of James Wiser of Ward in the County 
of Worcester one of the Native Indians. 

Resolved That the said James Wiser be, & hereby is, 
licenced to sell & Convey, to any purchacer, twenty five 
acres of land, in said Ward, which he lately purchaced of 
Ebenezer Burnap. Provided it be done with the Consent 
of Benjamin Heywood Esqr. of Worcester, Expressed in 
writing, on the back of the deed. And provided the pur- 
chace money be paid into the hands of the said Benjamin 
Heywood, in trust, for the payment of the present debts 
of the said James Wiser ; he to be accountable for, & 
pay over the surplus, if any, to the said James, after six 
months from the time of Conveying said land. 

June 5, 1802. 

Chapter 12. 

RESOLVE ON THE PETITION OF ELEAZER GRAVES, DIRECTING 
THE TREASURER TO CREDIT THE TOWN OF ATHOL. 

On the Petition of Eleazar Graves, in behalf of the 
Town of Athol, abating a fine laid upon said Town for 
not sending a representative to the General Court in the 
year 1801. 

Resolved, That the prayer of said Petition be granted, 
and that the Treasurer be, and he hereby is directed to 
Credit the Town of Athol the sum of Seventy four dol- 
lars in the Tax granted by the General Court in March, 
1802. June 5, 1802. 



I 



Resolves, 1802. — May Session. 361 



Chapter 13. 

RESOLVE ON THE PETITION OF DAVID JORDAN, AUTHORIZING 
WILLIAM JAMES TO MAKE AND EXECUTE A DEED OF THE 
LAND MENTIONED. 

On the Petition of David Jordan, Son of John Joiirdan 
late of Scituate in the County of Plymouth deceased, set- 
ting forth that the said John Jourdan, in the year 1761) 
bought, and paid a full consideration for, about three quar- 
ters of an acre of land, of one Benjamin Randall late of 
said Scituate deceased, and thereupon agreed with Na- 
thaniel Clapp Esqr. to make a deed thereof and procure 
the same to be executed & recorded : whereupon the said 
John entered upon the premises and built a house thereon 
& afterwards conveyed the same land & house to his Son 
Nathaniel Jourdan, who entered upon the same, and who 
afterwards conveyed the same to the said David, who 
entered upon the premises, and is now in possession of 
the same : and upon enquiry has now learnt that the said 
Nathaniel Clapp never did in fact procure a deed of the 
premises from the said Benjamin Randall to the said John 
Jourdan as was agreed. 

Resolved, that William James, Administrator on the 
Estate of the said Benjamin Randall, & sou in law of the 
said Benjamin, be and he hereby is fully authorized and 
empowered to make and execute a good and sufficient 
deed of the said tract of land, with warranty, to the said 
David Jourdan, his heirs and assigns, which deed shall be 
considered as valid and efl'ectual in law to convey and se- 
cure the premises to the said David Jourdan, as if said 
Deed had been made and executed by the said Benjamin 
Randall to the said John Jourdan as was agreed and in- 
tended between them. June 5, 1802. 

Chapter 14. 

RESOLVE ON THE PETITION OF JOHN PATTEN AND OTHERS, 
ALLOWING THEM A FURTHER TIME FOR PAYMENT. 

On the Petition of John Patten & others praying for a 
further time for the payment of fifteen Dollars cash for 
their Lots of Land in the township N[o]. two in the sec- 
ond range north of the Waldo Patent. 

Resolved for reasons set forth in the said Petition that 
the said Petitioners & others who were actually settlers 



362 Resolves, 1802. — May Session. 

within the said township No. two in the second range, & 
who were included within the provisions of the Resolve 
of March 10th 1797 shall be allowed one Year from & 
after the passing this Resolve, to compleat the said pay- 
ments ; & the Treasurer of the Commonwealth is directed 
to govern himself accordingly. June S, 1802. 

Chapter 16.* 

RESOLVE ON THE PETITION OF FRANCIS BORLAND, AUTHORIZ- 
ING HIM TO SELL AND CONVEY THE MINOR'S RIGHT MEN- 
TIONED. 

On the petition of Francis Borland, of Somerset in the 
County of Bristol, Guardian to John Borland of said 
Somerset, a minor, praying, for reasons therein set forth, 
that he may be empowered, in his said capacity, to dis- 
pose of the real estate of the said minor, which was set 
off to him to Satisfy an execution in his favour, against 
John Smith of Dighton in said County, the title to which 
estate has become absolute in said minor, by lapse of 
time. 

Resolved, That the said Francis Borland, in his said 
Capacity, be, & he is hereby authorised & empowered to 
sell & convey all the right, title & interest of the said 
minor, in & to the real estate aforesaid & to make and 
execute good & valid deeds thereof ; the said Francis first 
giving bond to the judge of Probate for the County of 
Bristol, to account for the money arising from the Sale 
according to law. June 10, 1802. 

Chapter IS.f 

RESOLVE ON THE PETITION OF ELIAS LEE AND OTHERS, RE- 
QUESTING THE GOVERNOR, WITH ADVICE OF COUNCIL, TO 
ORDER A COMPANY OF CAVALRY TO BE RAISED WITHIN THE 
LIMITS OF THE 3d REGIMENT, 1st BRIGADE, AND 9th DIVI- 
SION OF THE MILITIA. 

On the petition of Elias Lee & others praying for leave 
to raise a company of cavalry, within the limits of the 
third Regiment, in the first Brigade, in the ninth Division 
of the Militia. 

* Chapter 15 is a message from the Governor relative to the boundary line be- 
tween Massachusetts and Connecticut, and will be found among the messages. 

t Chapter 17 is a message from the Governor coiuauiuicating the statement 
of the late Treasurer, and is to be found among the messages. 



Kesolves, 1802. — May Session. 363 

' Resolved that his Excellency the Governor with advice 
of Council, be requested to order a company of Cavalry 
to be raised in the said third Regiment, to be annexed to 
the Squadron of Cavalry in the said first Brigade, and to 
be subject to all the rules & regulations of other compa- 
nies of Cavalry, according to the Militia Law of this Com- 
monwealth. June 10, 1802. 

Chapter 19. 

RESOLVE REPEALING A RESOLVE PASSED JUNE 5, INSTANT, ON 
THE PETITION OF ELEAZER GRAVES, IN BEHALF OF THE 
TOWN OF ATHOL, REMITTING A FINE LAID ON SAID TOWN FOR 
NOT SENDING A REPRESENTATIVE. 

Whereas upon the petition of Eleazer Graves in behalf 
of the Town of Athol praying that a fine laid upon said 
Town for not sending a Representative to the General 
Court in the year 1801, might be abated, a Resolution 
was passed granting the prayer of said Petition, and 
directing the Treasurer to credit the Town of Athol the 
sum of seventy four dollars in the tax granted by the Gen- 
eral Court in March 1802. And it now appearing that 
no fine was ever laid upon said Town for not sending a 
Representative to the General Court in the year 1801, 
and that said Resolve was passed under a misapprehen- 
sion of the Fact, and the same being confessed & acknowl- 
edged by the said Graves as Agent for said Town : 

Therefore he it resolved. That the Resolve aforesaid be, 
and the same hereby is repealed. June 11, 1802. 

Chapter 20. 

RESOLVE DIRECTING THE SECRETARY TO DELIVER TO THE 
TRUSTEES OF THE DIFFERENT ACADEMIES IN THIS COMMON- 
WEALTH, A SET OF MAPS FOR THE USE OF SAID ACADEMIES, 
WITH A PROVISO. 

Resolved, That the Secretary be, and he is hereby 
directed to deliver, to the Trustees of the different Acade- 
mies in this Commonwealth, or either of them, for the use 
of their respective Academies, one set of the Maps of 
this Commonwealth for each Academy : provided applica- 
tion be made by said Trustees or either of them to the 
Secretaries Office, before the Maps aforesaid, now remain- 
ing, are otherwise appropriated. June 14, 1802. 



364 Resolves, 1802. — May Session. 



Chapter 31. 

RESOLVE ON THE PETITION OF SAMUEL PERLEY, AUTHORIZING 
THE COMMITTEE ON EASTERN LANDS TO CONTRACT AND SELL 
THE LAND MENTIONED, 

On the Petition of Samuel Perley praying he may be 
priviledged with purchasing a Narrow piece of Land be- 
longing to this Commonwealth, lying between the Town 
of Gray, and the Plantation of Raymondtown, in the 
County of Cumberland, as Set forth in Said Petition. 

Resolved that the Hon. John Read & Peleg Coffin 
Esqrs. Agents for the sale of eastern Lands are hereby 
authorised To contract & Sell the aforesaid Land To Said 
Samuel Perley, or to any other person or person's that 
may apply for the same, for so much money, as said 
John Read & Peleg Coffin Esqrs. Agents shall Judge the 
same to be reasonably worth, and to Execute a Deed of 
the same in behalf of this Commonwealth ; and the money 
arising from said sale, shall be paid into the Treasury. 

June 14, 1802. 



Chapter 33. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE AND ADJUST 
THE LATE TREASURER'S ACCOUNTS, AND TO REPORT AT THE 
NEXT SESSION OF THE GENERAL COURT. 

Resolved, that the Honble. John C. Jones & Thomas 
Dawes Esqrs. be a Committee to examine and adjust the 
Accounts of Peleg Coffin esqr. late Treasurer of this Com- 
monwealth, from the thirtieth day of June eighteen hun- 
dred & one to the day on which he ceased to act in said 
office. And the said Committee are directed &, impow- 
ered to deface all Notes & due Bills orders & other obli- 
gations issued under the authority of this Commonwealth, 
by any Officer thereof that have been redeemed by the 
Treasurer during the time aforesaid : And to report an 
account of their proceedings at the next Session of the 
General Court. June 15, 1802. 



Resolves, 1802. — Mat Session. 365 



Chapter 34.* 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE SEC- 
RETARY'S AND TREASURER'S OFFICES. 

Resolved that there be allowed & paid out of the 
Treasury to Joseph Laughton, Fh'st Clerk in the Treasury 
Office & William Harris, First Clerk in the Secretary's 
Office Two DoUars seventy tive cents per day each; to 
James Foster, Clerk in the Treasury Office & Edward 
McLane, Clerk in the Secretary's Office, Two Dollars 
seventy five cents each per day, & to Edward Cazneau, 
Clerk in the last mentioned Office, Two Dollars twenty 
five cents per day during the time they have been, or may 
be employed in said Service, from the first day of the 
present Session of the General Court until the first day 
of the Session of the next General Court. 

June 15, 1802. 

Chapter 35. 

RESOLVE ESTABLISHING THE PAY OF THE LIEUTENANT GOV- 
ERNOR, SECRETARY AND TREASURER. 

Resolved, That for one year from the last day of Ma}^ 
last, the sum of five hundred and thirty three Dollars and 
thirty three Cents shall be the pay of the Lieutenant Gov- 
ernor, to be paid out of the Treasury of this Common- 
wealth, in quarterly payments, as the same shall become 
due. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth to John Avery esqr.. Sec- 
retary of this Commonwealth twelve hundred thirteen 
Dollars & thirty two Cents, which with two hundred 
eighty six Dollars & sixty eight Cents which he received 
in fees before the thirty first day of May last, shall be in 
full for his services as Secretary as aforesaid, for one year 
from the first day of June 1802, being at the rate of fif- 
teen hundred Dollars per year, to be paid in quarterly 
payments. 

That from the second day of June current, there be 
allowed & paid out of the public Treasury the sum of 
fifteen hundred Dollars to the Treasurer and Receiver 

• Chapter 23 is a message from the Governor respecting the powder house in 
Boston, and will be found among the messages. 



366 Resolves, 1802. — Mat Session. 

General of this Commonwealth, for his pay as Treasurer 
the present year, to be paid in quarterly payments as the 
same shall become due. June 16, 1802. 

Chapter 36. 

RESOLVE GRANTING A TAX FOR THE COUNTY OF NORFOLK. 

Whereas the Clerk of the Court of General Sessions of 
the Peace for the County of Norfolk has exhibited an 
Estimate made by the said Court for the said County to 
defray the first Years installment of Debt on Interest due 
from said County of Norfolk to the County of Suffolk 
being Four thousand Dollars, estimated to meet such in- 
stallment for the current Year : 

Resolved^ That the Sum of Four thousand Dollars be, 
& hereby is granted as a Tax for the said County of Nor- 
folk to be apportioned, assessed, collected, paid & applied 
for the purposes aforesaid, any law to the contrary not- 
withstanding. June 16, 1802. 

Chapter 21. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS FOR 
THE COUNTY OF MIDDLESEX AND GRANTING A TAX. 

Whereas the Treasurer of the County of Middlesex has 
laid his Accounts before the General Court, in manner 
prescribed by Law, which Accounts are hereby allowed : 
And Whereas the Clerk of General Sessions of the Peace 
for the said County has laid before the General Court an 
estimate made by the said Court of General Sessions of 
the Peace for the said County of the necessary charges 
likely to arise within the said County for the Year ensu- 
ing, amounting to Six thousand three hundred & eighteen 
Dollars : 

Resolved, That the Sum of Six thousand three hundred 
& eighteen Dollars be, & hereby is granted as a Tax for 
the said County of Middlesex, to be apportioned, assessed, 
collected paid & applied for the purposes aforesaid, ac- 
cording to Law. June 17, 1802. 

Chapter 38. 

RESOLVE ON THE PETITION OF JOHN LOWELL, ESQ. 

Upon the petition of John Lowell Esqr. praying liberty 
to sell the shares of Charles Lowell and Elizabeth Cutts 



Resolves, 1802. — Mat Session. 367 

Lowell in sundry real Estates which descended to them as 
heirs of the Hon. John Lowell Esqr. deceased. 

Resolved that John Lowell of Boston in the County of 
Suffolk Esqr. be and he hereby is authorized to sell and 
convey by deed in fee simple all the right title interest 
estate & share of the said Charles Lowell & Elizabeth 
Cutts Lowell of in unto and out of any lands tenements 
and hereditaments lying in the Counties of Suffolk, Mid- 
dlesex Kennebec, Lincoln Hancock & Washington, to 
any person or persons & upon such terms & conditions as 
the other heirs of the said John Lowell Esqr. shall agree to 
sell their own shares upon, and provided also that the said 
John Lowell shall first give bond with sufficient sureties 
to the Judge of Probate for the County of Norfolk, con- 
ditioned that he will account for the proceeds of such sales 
to the said minors or their Guardians, and provided also, 
that he shall first obtain the consent of said minors as well 
as of their guardians legally appointed. June 17, 1802. 

Chapter 29. 

RESOLVE CONFIRMING THE PROCEEDINGS OF THE TOWN OF 
ANDOVER AT THEIR MEETING IN MARCH LAST. 

Whereas by reason of the great depth of the Snow, in 
March last, the Constables of the town of Andover, were 
prevented from giving due notice to all the Inhabitants, 
of the day of the annual March meeting, according to the 
invariable practice of the said town ; notwithstanding 
which, a part of the Inhabitants assembled & proceeded 
to the choice of town officers, but doubts have arisen as 
to the legality of the said meeting : 

Resolved that the proceedings of the said town meeting 
held in Andover, on the first monday of March of the 
present year, be and hereby are confirmed, and made as 
valid and effectual, as they would have been, had the In- 
habitants of said town been duly and legally notified and 
warned to attend on said Meeting. June 17, 1802. 

Chapter 30. 

RESOLVE ON THE PETITION OF JOSEPH AND ANDREW TITCOMB. 

On the Petition of Joseph & Andrew Titcomb of Port- 
land, in the County of Cumberland. 

Resolved, for reasons set forth in said Petition, that the 



368 Resolves, 1802. — May Session. 

Executors of the last will and testament of Benjamin Tit- 
comb, late of Portland in said County deceased be, and 
they hereby are authorised, and impoward to execute a 
deed of conveyance, of the westerly half, of a lot of Land 
in the Town of Standish in the County aforesaid, being 
Lot No. forty eight, in the second division, to John Green 
Junr. of Goreham his heirs and assigns, which Deed shall 
be as good and effectual in Law, to convey said Lot of 
Land, as if made and executed by the said Benjamin. 

June 18, 1802. 

Chapter 31. 

RESOLVE GRANTING JACOB KUHN 200 DOLLARS IN ADDITION 
TO HIS FORMER GRANT. 

Resolved That there be allowed & paid out of the Treas- 
ury of this Commonwealth, to Jacob Kuhn Two hundred 
Dollars for the present year, commencing the thirtieth of 
May last to be in addition to the sum allowed him by a 
Resolve March 26, 1793, establishing the pay of the Mes- 
senger of the Genl. Court. June 19, 1802. 

Chapter 33. 

RESOLVE ON THE PETITION OF ALEXANDER DUNLAP AND 
JOHN GRANT, OWNERS OF TOWNSHIP NO. 4, IN THE THIRD 
RANGE, LYING IN THE DISTRICT OF MAINE. 

On the petition of Alexander Dunlap and John Grant 
owners of Township Number four in third Range lying 
in the District of Maine, westerly of Binghams purchase, 
and Easterly of the line of New Hampshire. 

Resolved, for the reasons set forth in said petition, that 
the prayer thereof be granted, and that the said Dunlap 
& Grant, & their heirs and assigns, have the further term 
of Two years from the first day of April next, within 
which to perform the settlement Duties, in the deed to 
them executed by the Committee for the sale of Eastern 
Lands, mentioned and provided ; And that the non per- 
formance heretofore by the said Dunlap & Grant of the 
Settlement Duties refered to, shall in no respect impair or 
affect their title to the Lands aforesaid. June 19, 1802. 



Resolves, 1802. — May Session. 369 



Chapter 33. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF BRISTOL AND GRANTING A TAX. 

Whereas the Treasurer for the County of Bristol has 
laid his accounts before the Legislature, in the manner 
prescribed by Law, which accounts are hereby allowed ; 
And Whereas the Clerk of the Court of General Ses- 
sions of the Peace, for the said County of Bristol, has 
exhibited an estimate of the said Court of the necessary 
charges likely to arise within the said County for the 
year ensuing, amounting to One Thousand Dollars : 

Resolved that the sum of One Thousand Dollars be and 
hereby is granted as a tax for the said County of Bristol 
for the year ensuing, to be apportioned, assessed, col- 
lected, paid & applied for the purposes aforesaid accord- 
ing to Law. June 19, 1802. 

Chapter 34. 

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE 
TOWN OF NEWTON, REPEALING THAT PART OF A RESOLVE 
PASSED MARCH 25, 1781, PROHIBITING THE TAKING OF FISH 
WITH SEINE OR NET. 

On the Petition of the Inhabitants of the Town of 
Newton, praying for the repeal of certa-in restrictions laid 
upon the taking of Fish in Charles River, in & by a Re- 
solve passed on the twenty fifth day of March in the year 
of our Lord one thousand seven hundred & eighty one, 
on the Petition of David Bemis. 

Resolved, that so much of said Resolve as prohibits the 
taking of Fish with sein or net in the said river between 
said Bemis' dam and the old Dam which is about three 
quarters of a mile below, be and the same hereby is 
repealed. 

Provided always and be it further resolved that the 
said Inhabitants of the Town of Newton shall be subject 
to the same regulations, restrictions and penalties, as to 
the time and manner of fishing in their part of said river 
between said two Dams, as the inhabitants of Watertown 
are or shall be subject to, by virtue of an Act passed 
March 2nd 1798, entitled " An act authorising the inhal)- 
itants of the towns of Watertown, Weston & Waltham, 
in the County of Middlesex, to regulate the taking of 
Fish, called Shad & Alewives, within the limits of the said 
Towns." Ju7ie 21, 1S02. 



370 Eesolves, 1802. — May Session. 



Chapter 35. 

RESOLVE ON THE PETITION OF NATHANIEL GOODWIN, AU- 
THORIZING THE GOVERNOR WITH ADVICE OF COUNCIL, TO 
ESTABLISH A COMPANY OF LIGHT INFANTRY IN THE TOWN 
OF KINGSTON. 

On the Petition of Nathaniel Goodwin, Major General 
of the 5th division of the Militia of this Comon wealth, — 
praying — That, John Thomas, Colonel of the 1st Rege- 
ment 1st Brigade of said division may be permited & 
authorised to raise a Company of Light Infantry within 
the Town of Kingston. 

liesolved — That the Governor, by & with the advice 
of the Council, be, & he hereby is, authorised & empow- 
ered to establish a Company of Light Infantry, in the 
Town of Kingston, in the 1st Regement 1st Brigade & 
5th Division of the Militia of this Commonwealth — 
which Compy. when raised is to be annexed to said 1st 
Regiment, & subject to such rules, & regulations, as are, 
or may be, prescribed by Law, for regulating the Militia 
of this Comonwealth ; — Provided the forming of said 
Company, shall not in its operation, reduce the present 
established militia company in said Town of Kingston, 
below the numbers prescribed by Law. June 21, 1802. 

Chapter 36. 

RESOLVE ON THE PETITION OF SILVANUS LAZELL, COL. COM- 
MANDANT 3d REGIMENT, 1st BRIGADE AND 5th DIVISION 
MASS. MILITIA, AUTHORIZING THE GOVERNOR, WITH ADVICE 
OF COUNCIL, TO ESTABLISH A COMPANY OF LIGHT INFANTRY 
IN THE TOWN OF BRIDGWATER. 

On the Petition of Silvanus Lazell Colonel Comandt. 
of the 3d Regt. 1st Brigade & 5th Division of the militia 
of this Commonwealth — praying that he may be per- 
mited to raise a Light infantry Company in the Town of 
Bridgwater. 

Resolved — That the Governor, by & with the advice 
of the Council, be, & he hereby is, authorised & empow- 
ered, to establish a company of Light infantry in the 
Town of Bridgwater, which Company when raised is to be 
annexed to the 3d Regt. 1st Brigade & 5th division of the 
Militia of this Comonwealth — provided the forming of 
said Company shall not, in its operation, reduce the estab- 
lished militia Companies in said Town of Bridgwater — 
below the numbers prescribed by Law. June 21, 1802. 



Kesolves, 1802. — May Session. 371 



Chapter 31, 

RESOLVE GRANTING A TAX TO COMPLETE THE BUILDING OF A 
NEW COURT HOUSE IN THE TOWN OF WORCESTER. 

Whereas, the Sum of Money heretofore granted by the 
Legislature as a Tax for the building of a New Court 
House in Worcester in the County of Worcester is insuffi- 
cient for that purpose — And Whereas, the Clerk of the 
Court of General Sessions of the Peace for the said County 
has exhibited to said Legis[Za]ture an estimate made by 
the said Court necessary to complete the same amounting 
to Six thousand Dollars : 

Resolved, That the Sum of Six thousand Dollars be & 
hereby is granted as a Tax for the said County of Worces- 
ter for the Year ensuing, to be apportioned, assessed, col- 
lected, paid & applied for the purpose aforesaid any law 
to the contrary notwithstanding. June 21, 1802. 

Chapter 38. 

RESOLVE APPOINTING A COMMITTEE TO LAY OUT A ROAD LEAD- 
ING FROM AUGUSTA BRIDGE, ON KENNEBEC RIVER, TO THE 
TOWN OF BANGOR, ON THE PENOBSCOT RIVER, AND TO PRE- 
SENT AN ESTIMATE OF THE EXPENSE AT THE NEXT SESSION 
OF THE GENERAL COURT. 

Resolved that the Hon. Jona. Maynard & Lathrop 
Lewis esqr. be and they are hereby appointed at the ex- 
pence of the Commonwealth, to explore and lay out a road 
four rods wide, in the most direct rout, the nature of the 
ground, and the accommodation of the Public will admit 
from the Bridge at Augusta on the Kennebeck, to the 
town of Bangor, near the head of the tide on Penobscot 
River, and to form an estimate of the expence of cutting 
clearing, & making the said road, including the necessary 
bridges, and causeways, and present the said estimate at 
the next Session of the General Court, for their consider- 
ation and order thereon. June 21, 1802. 

Chapter 39. 

RESOLVE GRANTING TO JACOB KUHN, MESSENGER TO THE GEN_ 
ERAL COURT, 500 DOLLARS TO BUY FUEL AND OTHER NECES- 
SARIES. 

Resolved that there be allowed & paid out of the Treas- 
ury of this Commonwealth, to Jacob Kuhn Messenger of 
the General Court, the sum of Five hundred Dollars, to 



372 Resolves, 1802. — Mat Session. 

enable him to purchase fuel & such other articles as may 
be necessary for the use of said Court, he to be account- 
able for the expenditure of the same. June 21, 1802. 

Chapter 40. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF DUKES COUNTY AND GRANTING A TAX. 

Whereas the Treasurer of the County of Dukes County 
has laid his accounts before the General Court in the man- 
ner prescribed by Law, which accounts are hereby allowed : 
And whereas the Clerk of the Court of General Sessions 
of the Peace for the said County of Dukes County, has ex- 
hibited an estimate made by the said Court, of the neces- 
sary charges likely to arise within the said County for the 
year ensuing amounting to Three hundred Dollars : 

Resolved that the sum of Three hundred Dollars be and 
hereby is granted as a tax for the said Count}' of Dukes 
County, to be apportioned, assessed, collected paid & 
applied, for the purposes aforesaid, according to Law. 

June 21, 1S02. 

Chapter 41. 

RESOLVE ON THE PETITION OF DAVID DICKINSON AND OTHERS, 
CONFIRMING THE DOINGS OF THE PROPRIETORS OF A TRACT 
OF LAND CALLED BERNARDSTON GRANT. 

On the Petition of David Dickinson and others, Pro- 
prietors of a tract of Land called Bernardston-Grant on 
Hoosuck-mountain ; praying that the doings of the Pro- 
prietors at their three several Meetings therein mentioned 
may be ratified and confirmed. 

Resolved that all the doings of the Proprietors afore- 
said ; at their several meetings, viz. one on the fifteenth 
day of March in the year of our Lord one thousand seven 
hundred and eighty five : one on the 29th day of April 
1793: and one on the 16th day of August 1794, Be and 
they hereby Are, ratified and confirmed as fully as if an 
article to choose a Proprietors Clerk had been inserted in 
the warrant for the meeting first mentioned. 

June 22, 1802. 



Kksolves, 1802. — May Session. 373 



Chapter 42. 

RESOLVE ON THE PETITION OF JESSE SEVERANCE, OF CONWAY, 
DIRECTING THE TREASURER TO STAY HIS EXECUTION. 

On the petition of Jesse Severance of Conway in the 
County of Hampshire, praying a remission of the Ballance 
due from him on Execution, as a Collector of the said 
Town of Conway. 

Resolved That the prayer thereof be so far granted, that 
the Treasurer of this Commonwealth, be and he hereby is 
directed to Stay Execution, for the ballance aforesaid, 
untill the fourth day of February next. June 22, 1802. 



Chapter 43. 

RESOLVE ON THE PETITION OF JONATHAN WARE, DIRECTING 
THE TREASURER TO FORBEAR TO COMMENCE OR PROSECUTE 
ANY SUIT AGAINST SAID WARE FOR THE TERM OF EIGHTEEN 
MONTHS. 

On the Petition of Jonathan Ware wherein he prays 
that no compulsory process shall issue against him, for 
the Term of eighteen months, on his Bond made to the 
Treasurer of this Commonwealth — for the sum of four 
hundred dollars with interest. 

Resolved, That the Treasurer of this Commonwealth, 
be, and he is hereby directed to forbear to commence or 
prosecute, for the Term of eighteen months, from the pass- 
ing this Resolve, any suit or process against the said 
Jonathan Ware, for the recovery of the money due from 
him, by force of his Bond dated on the twenty fourth day 
of April in the year of Our Lord One thousand seven 
hundred and ninety six given to secure the payment of 
four hundred dollars, to said Commonwealth, with the 
interest. June 22, 1802. 



Chapter 44. 

RESOLVE FOR PAYING THE COMMITTEE ON ACCOUNTS. 

Resolved that there be paid out of the Public Treasury 
of this Commonwealth, to the several members of the 
Committee, appointed to examine & pass on accounts pre- 
sented against the State, for their attendance on that ser- 
vice, during the present session, the suras annexed to 



374 Resolves, 1802. — May Session. 

their names respectively, in addition to their pay as mem- 
bers of the Legislature, viz. 

To the hon. Isaac Thomson for twenty one days attend- 
ance, at fifty cents per day, ten Dollars & fifty cents. 

To the hon. Thomas Hale for twenty one days, ten 
Dollars & fifty cents. 

To John Long Esq. for twenty one days, ten Dollars & 
fifty cents. 

To Samuel Porter Esq. for sixteen days, Eight Dol- 
lars. 

To Joseph Emerson Esq. for fourteen days, Seven 
Dollars, which sums shall be in full for their services 
aforesaid. June 22, 1802. 

Chai>ter 45. 

RESOLVE ON THE PETITION OF SAMUEL BLODGET, JUN. AUTHOR- 
IZING THE JUDGES OF THE SUPREME JUDICIAL COURT TO 
GRANT A WRIT OF REVIEW ON A CERTAIN ACTION, WITH A 
PROVISO. 

Upon the Petition of Samuel Blodget Junior, praying 
to be permitted to commence an action of Review of an 
Action, on which Judgment was rendered by the Court of 
Common Pleas in & for the County of Essex at July 
Term in the year of our Lord one thousand seven hun- 
dred & ninet}^ five, in favour of Francis Swan, of Haver- 
hill in said County of Essex, against him the said Blodget 
for the sum of five hundred & sixty eight pounds, nine- 
teen shillings & four pence. Debt or Damage, & the sum 
of six pounds, two shillings and four pence costs of suit. 

Ifesolved, that the Justices of the Supreme Judicial 
Court be & they hereby are authorized, at their Term 
next to be holden within & for said County of Essex, to 
grant a Writ of Review of said Action, notwithstanding 
the term of three years has already passed since the ren- 
dition of said Judgment, provided the said Blodget shall, 
before said Writ of Review shall be granted, pay to said 
Swan the Costs of said original action and of any Peti- 
tion or Petitions for Review thereof, which have been 
commenced & entered in the Supreme Judicial Court, 
taxed or to be taxed by said Court, and also give the said 
Swan a Bond in the penal sum of one thousand Dollars, 
with a sufficient surety to be approved of by said Court, 
in the like sum of one thousand Dollars, conditioned to 
prosecute said Action of Review to final judgment, & to 
pay to said Swan, immediately upon the rendition of such 



Resolves, 1802. — May Session. 375 

final judgment, the excess, if any, of the amou[7i]t of the 
debt & cost of such judgment, beyond the principal & 
interest of a note of hand given by said Swan to the house 
of Blodget & Gilman (of which said Blodget is the sur- 
viving partner) on the third day of November in the year 
of our Lord one thousand seven hundred & eighty six, 
for one hundred & fifty nine pounds four shillings pay- 
able on demand. June 22, 1802. 

Chapter 46. 

RESOLVE GRANTING HALF A TOWNSHIP OF LAND FOR THE 
USE OF LINCOLN ACADEMY, WITH THE USUAL RESERVA- 
TIONS BY THE COMMITTEE APPOINTED FOR ASSIGNING AND 
LAYING OUT SUCH UNAPPROPRIATED LANDS. 

Whereas the Trustees of The Lincoln Academy — have 
exhibited to this Court a subscription whereby it appears 
that the sum of three thousand dollars and upwards is 
secured as a fund to the use of said Academy, and have 
lodged a copy of said Subscription with this Court : 

Resolved that said Trustees are entitled to a grant of 
half a Township of land from this Commonwealth for the 
use of said Academy, and that the same be and is hereby 
granted to them for that purpose, to be laid out and as- 
signed to them in the unappropriated lands in the District 
of Maine, (with the usual reservations) by the Commit- 
tee appointed, or that may be appointed, for assigning 
and laying out such unappropriated lands. 

June 23, 1802. 

Chapter 47. 

RESOLVE ON THE PETITION OF ABIGAIL GALLUP, IN BEHALF 
OF JOHN GALLUP, A PRISONER IN THE GAOL AT LENOX. 

Upon the Petition of Abigail Gallup, in behalf of John 
Gallop otherwise call'd John P. Gallup, now confined in 
the Commonwealth's Gaol at Lenox, under a sentence of 
the Supreme Judicial Court, passed at their late Term 
held at Lenox within & for the County of Berkshire on 
the third Tuesday of May last past, that said Gallup be 
set in the pillory one hour, & be confined to hard labour 
for three years, commencing on the twenty first day of 
May A D 1802, pay a fine of fifty Dollars to the use of 
the Commonwealth, & costs of })rosecution ; the corporal 
part of which sentence, to wit, the setting in the pillory, 
has been suifered. 



376 Kesolves, 1802. — May Session. 

Resolved^ for reasons set forth in said Petition, that 
the residue of said Gallup's term of confinement to hard 
labour be commuted to service in the House of Correction 
in said County of Berkshire during the same tQvm, provided 
the said Gallup shall give to the Treasurer of said County 
a Bond, in the penal sum of five hundred Dollars, with 
two sufiicient sureties, to be approved by said Treasurer, 
in the sum of two hundred & fifty Dollars each, condi- 
tioned that he the said Gallup shall continue within the 
limits of the said House of Correction as allowed by the 
Justices of the Court of Sessions, in service under the di- 
rection of the master of said House & subject to the rules 
thereof, during the residue of said Term of three years 
from the twenty first day of May last past ; and, also that 
during said Term he shall pay the fine & cost set against 
him as aforesaid ; and the Sherift' of said County, upon 
receiving a Certificate from the Treasurer of said County, 
that the said Gallup has given Bond as aforesaid, shall lib- 
erate the said Gallup from custody in said Gaol on the 
sentence aforesaid. June 23, 1802. 



Chapter 48. 

RESOLVE AUTHORIZING THE GOVERNOR TO SELL AND DIS- 
POSE OF THE POWDER MAGAZINE IN THE TOWN OF BOS- 
TON, AND FOR ERECTING TWO OTHERS OUTSIDE THE SAID 
TOWN, AND FOR OTHER PURPOSES. 

Whereas the Powder Magazine, situated in the town 
of Boston, from the increasing population of its neighbour- 
hood, the proximity of a number of wooden dwelling 
houses, ropewalks & workshops, & from the large quanti- 
ties of Gun powder which are continually passing to & 
from it & are deposited therein, has become very haz- 
adous & it is absolutely necessary for the public safety, 
that the same be removed : 

Therefore, Resolved, that the Quarter Master General 
be & he hereby is authorised & impowered by & under 
the direction of His Excellency the Governor, to sell & 
dispose of the said Magazine in a manner, which shall be 
in his discretion, most for the interest of this Common- 
wealth, & account with the Treasurer for the net proceeds 
of the same. And to purchase, for the use of this Common- 
Avealth, two suitable plats of ground, out of the town of. 
Boston, but within a convenient distance of the same — and 



Resolves, 1802. — May Session. 377 

cause to be erected thereon two secure Magazines for the 
safe deposit & keeping of the powder belonging to the 
Commonwealth, and of all such quantities of powder, as 
from time to time may be imported & landed or brought 
into the town of Boston, & which by Law is to be kept 
in a public Magazine — And His Excellency the Governor 
with the advice of Council is hereby authorized and re- 
quested to issue his warrants on the public Treasury for 
such sum or sums of money as may be necessary to carry 
the foreo:oino; Resolve into effect. 

And it is further Resolved that His Excellency the 
Governor & Council be, & they are hereby authorised & 
impowered to appoint Keepers of the said Magazine, 
under such rules & regulations, as to them shall seem fit 
& proper, & the same remove at pleasure. 

And he it further Resolved, that the Quarter Master 
General be & he is hereby authorised to remove from the 
said Magazine in Boston all the powder therein, as soon 
as other suitable Magazines shall be provided for its 
reception. June 23, 1802. 

Chapter 49. 

RESOLVE ON THE QUARTER MASTER GENERAL'S MEMORIAL, 
GRANTING HIM 100 DOLLARS FOR REPAIRS OF THE GUN- 
HOUSE AT CHARLESTOWN, AND 135 DOLLARS FOR THE 
BUILDINGS ON HOSPITAL ISLAND. 

Resolved that there be allowed & paid out of the Pub- 
lic Treasury to Amasa Davis Esq. Quarter Master Gen- 
eral the sum of one hundred Dollars, to be exclusively 
applied to the repairs of the Gun house in the town of 
Charlestown in the County of Middlesex, and also the sum 
of One hundred & thirty five Dollars, to be exclusively 
applied to the repairs of the buildings on Hospital Island, 
the property of the Commonwealth. June 23, 1S02. 

Chapter 50. 

RESOLVE REQUESTING THE GOVERNOR TO TRANSMIT TO THE 
PRESIDENT OF THE UNITED STATES, A STATEMENT OF THE 
PROCEEDINGS RESPECTING THE ORDNANCE AND MILITARY 
STORES, &C. BELONGING TO THIS COMMONWEALTH TAKEN 
TO THE USE OF THE UNITED STATES. 

The Committee of both Houses to whom was referred 
that part of His Excellency's speech, which refers to the 



378 Resolves, 1*802. — May Session. 



answer of the Secretary of War on the appraisment of the 
Ordinance & Military Stores &c. belonging to this Com- 
monwealth, & taken to the use of the United States, sub- 
mit the following statement of facts — And Resolution 
thereon — which is submitted. 

pr. order. 

That by the Act of Cession made in June 1798, by this 
Commonwealth to the United States of Castle Island, the 
Ordnance and all the Warlike Stores then on said Island 
were Expressly reserved to the Commonwealth, the Ces- 
sion was received by the Cover [7i]ment of the United 
States subject to that reservation ; that afterwards at the 
time the United States took possession of the Island, the 
Commanding Officer Major Daniel Jackson by express 
Authority from the President of the United States, agreed 
with Amasa Davis Esqr. Quarter master General of this 
Commonwealth, to Receive all the Ordnance and Military 
Stores belonging to the Commonwealth (then on said 
Island) the Appraisment whereof being made by said 
Quarter Master General and Colonel William Perkins — 
In which were included Sixteen Eighteen Pound Cannon 
with Shott &c. previously loaned to the United States, 
and received by Henry Jackson Esqr. Naval Agent thereof 
for the use of their Eris-ate Constitution and taken from 
said Castle Island ; The whole of which Articles Amounted 
to Forty seven thousand & seven Dollars & seventy Eight 
cents, from which sum the Appraisers deducted for Can- 
non having no Trunnions five thousand three hundred 
twenty eight Dollars — leaving a ballance of Forty One 
thousand, six hundred seventy Nine Dollars, and Seventy 
eight cents, which Estimate (except for the sixteen Can- 
non & Shot loaned as aforesaid) was acceeded to by the 
aforesaid Daniel Jackson on behalf of the United States, 
and confirmed by the Legislature of this Commonwealth 
by their Resolution passed March 1st 1799 — from which 
state of facts your Committee are of Opinion that the 
United States are holden to pay the full Amount of the 
Ballance aforesaid with Interest — And that when the 
facts on this subject are regularly laid before the proper 
Authority of the United States, speedy measures will be 
taken for the payment of the Monies due this Common- 
wealth for the Articles aforesaid with Interest in a reason- 
able time after their Appraisement & delivery as aforesaid 



I 



Eesolves, 1802. — May Session. 379 

— And in ordei' thereto your Committee recommend the 
following Resolutions to be passed. 

Resolved that His Excellency the Governor, be, and he 
hereby is requested to transmit to the President of the 
United States a Statement of the proceedings on the sub- 
ject aforesaid ; and to Request payment of the Monies due 
this Commonwealth for the Ordnance & Military Stores 
as aforesaid, with the Interest which has Accrued thereon 
as soon as it may be Convenient to the Gover[n]ment of 
the United States. 

Be it further Resolved, that his Excellency the Gover- 
nor, by and with the advice of Council be and hereby is 
Authorised to take such further measures as may be found 
proper to Eflect an Ultimate settlement for the Ordnance 
& Military Stores aforesaid. June 23, 1802. 

Chapter 51. 

RESOLVE ON THE PETITION OF JERATHMEEL COLBURN AND 

OTHERS. 

On the Petition of Jerathmeel Colburn, Joshua Besse 
Jr., Ebenezer Hutchinson, Charles Keneff, Abraham Wal- 
ton, Benjamin Fobes, & Jonathan Walton Settlers in the 
township number three adjoining the town of Paris in the 
County of Cumberland, praying to be quieted in their 
respective settlements within the said township. 

Resolved for reasons set forth in said Petition that the 
Honourable John Read and Peleg Coffin Esqrs. as agents 
for the Commonwealth be and they are hereby authorised 
and empowered to cause the lots now in the actual pos- 
session and occupation of the said Petitioners to be sur- 
veyed and laid out so as not to exceed one hundred acres 
each in such manner as best to include the improvements 
of said Petitioners and be least injurious to the adjoining 
lands, and that the surveyor return a plan of the lots so 
laid out to the said Agents with the names of the settlers 
on each lot respectively and the value thereof in the opinion 
of the surveyor so appointed, estimating the same as if it 
were in a state of nature the petitioners paying all the ex- 
pence that may arise in the prosecution of the business. 
And w^hen the return of the said plan shall be made in 
manner as aforesaid the said Agents shall affix the vahie 
of the said lots respectively ; And provided the said peti- 
tioners or either of them shall within two years after the 



380 Eesolves, 1802. — Mat Session. 

passing this resolve pay or cause to be paid to the agents 
aforesaid for the use of this Commonwealth the price so 
aflSxed upon said lots respectively with interest therefor 
from the said date then the said Agents are directed to 
give good and sufficient deeds of the several lots so paid 
for. June 23, 1802. 

Chapter 52. 

RESOLVE GRANTING TO THE CLERKS OF THE SENATE AND HOUSE 
OF REPRESENTATIVES 150 DOLLARS EACH. 

Resolved that there be allowed & paid out of the public 
Treasury to Mr. George E. Vaughan Clerk of the Senate 
One hundred & fifty Dollars ; & to Henry Warren Esq. 
Clerk of the House of Kepresentatives One hundred & fifty 
Dollars ; on account of their services as Clerks aforesaid 
for the present year, they to be accountable for the same 
respectively. June 23, 1802. 

Chapter 53.* 

ORDER REQUESTING HIS EXCELLENCY TO LAY BEFORE THE 
LEGISLATURE AT THE NEXT SESSION, THE MOST RECENT 
STATEMENTS OF THE BANKS OF THIS COMMONWEALTH. 

Ordered that His Excellency the Governor be requested 
to lay before this Legislature at their next session the 
statements which he shall have most recently received 
from the several Banks in this Commonwealth of their 
respective capital stocks, of the debts due to them, of the 
monies deposited in them ; their notes in circulation, and 
cash on hand. June 23, 1802. 

Chapter 54. 

RESOLVE APPOINTING A COMMITTEE TO CARRY INTO EFFECT A 
RESOLUTION PASSED THE GENERAL COURT 22d JANUARY, 
1800, FOR THE ERECTION OF A STATE PRISON ON THE LAND 
PURCHASED IN CHARLESTOWN, AND GRANTING 70,000 DOLLARS 
FOR THAT PURPOSE. 

Resolved that His Honor Edward H. Robbins esqr. the 
Honble. Peleg Coffin Esqr. & Jonathan Hunnewell esqr. 
be a Committee or agents for the purpose of carrying into 
effect, a Resolution, which passed the General Court the 
22d of January A. D. 1800, for procuring a piece of Land 
in Charleston, & erecting a State prison thereon, & that 

* Taken from court record. 



Resolves, 1802. — May Session. 381 

they be & they hereby are authorised & directed to pro- 
ceed, at the period they shall judge most coodusive to the 
interest of the Commonwealth, in erecting the said Prison 
on the piece of Land already purchased for that purpose 
in the town of Charleston, any limitation in said Resolve 
to the contrary notwithstanding. And the said agents 
are hereby directed to construct the outside walls of the 
principal building or prison of stone materials, and on a 
plan sufficient to contain at present one hundred Convicts, 
but in such a manner, as to admit of future enlargment, 
without useless expence, & to enclose, by a substantial 
stone wall, an area sufficiently extensive, in their judg- 
ment, to include the principal building or prison in its 
finished state, with the different workshops, & other neces- 
sary buildings : And to construct the partition walls of 
such materials, & the Rooms of such dimensions, and in 
such situations, as will in their judgment, be best adapted 
to the purposes of safe confinement & penitentiary refor- 
mation. And the said Agents are further directed to 
erect within the area aforesaid, a number of work shops 
of stone or brick, sufficient for the use & employment of 
the different kinds of mechanics. And further that the 
said Agents be directed to use all suitable economy, in 
the purchase of materials & the employment of the work- 
men. And that there be & hereby is granted out of the 
unappropriated monies in the Public Treasury, the sum of 
Seventy thousand Dollars, to be appropriated to their use, 
in which sum is included the unexpended balance of the 
thirty thousand Dollars, granted by the said Resolve of 
the twenty second of January 1800 ; & his Excellency the 
Governor, with the advise of Counsil, is hereby author- 
ized, occasionally to issue warrants on the Treasury in 
favor of the said agents, for such parts of the aforesaid 
grant, as shall in the judgment of the Governor & Coun- 
cil from time to time be thought necessary. 

June 23, 1802. 

Chapter 55, 

RESOLVE GRANTING 54 DOLLARS TO THOMAS WALLCUT, ASSIST- 
ANT CLERK OF THE HOUSE. 

Resolved that there be allowed & paid out of the Pub- 
lic Treasury Fifty four Dollars, to Thomas Wallcut, in 
full for his service as Assistant Clerk of the House of 
Representatives for the present session. June 23, 1802. 



382 Resolves, 1802. — May Session. 



Chapter 56. 

RESOLVE GRANTING 86 DOLLARS TO MANASSEH SMITH, ASSIST- 
ANT CLERK OF THE SENATE. 

Resolved, that there be paid out of the public Treasury 
of this Commonwealth to Manasseh Smith, assistant Clerk 
of the Senate, the sum of Eighty six Dollars for his ser- 
vices the present session of the General Court. 

June 24, 1802. 

Chapter 57. 

RESOLVE GRANTING PARK HOLLAND, ESQ. 75 DOLLARS AND 

25 CENTS. 

Whereas Park Holland Esqr. has laid his account before 
this Court agreable to a resolve passed on the Seventh day 
of March One Thousand Eight Hundred and One : 

Resolved, That the said Acct. be, and hereby is allowed ; 
and that the sum of Seventy five Dollars & Twenty five 
Cents the ballance thereof, be paid out of the Treasury of 
this Commonwealth to the said Park Holland Esqr. and 
his Excellency the Govenor with advice of Council, is re- 
quested to issue his Warrant on the Treasury accordingly. 

June 24, 1802. 

Chapter 58. 

PAY ROLL NO. 47. 

The Committee on accounts, having examined the sev- 
eral accounts they now present : 

Report, that there are due to the corporations & per- 
sons hereafter mentioned, the sums set to their names 
respectively, which, when allowed & paid, will be in full 
discharge of the said accounts, to the several dates therein 
mentioned. 

Which is respectfully submitted, 

ISAAC THOMPSON, per order. 

Pauper accounts. 

Dolls. Cts. 

To the Town of Adams, for boarding and supplying Cath- 
arine, an Indian, & John Blackley, to may 20, 1802 . . 23 10 

To Doctor Joseph Allen lor doctoring John Wilkee, to may 

20, 18U2 15 



Resolves, 1802. — May Session. 383 



To Doctor Samuel Adams for doctoring Joseph Penrise to 

his death 26 

To the town of Amesbury for boarding & cloathing Jonathan 

Sedwell, to may 18, 1802 59 12 

To Samuel Brown for doctoring the State's jDoor in the 

alms-house, & in the town of Boston, to may 15, 1802 . 400 

To the town of Barre for bokrding & cloathing John Chris- 
tian Dandrick to may 28, 1802 24 34 

To* the town of Belchertown for boarding, cloathing, & nurs- 
ing Betty Demmon to may 26, 1802, & Thomas Crainfield, 
including the Doctor's bill & funeral charges to the time 
of his death 59 47 

To the town of Boston, for boarding, cloathing & nursing 
sundry paupers, including funeral charges, to June 1st 
1802 3792 38 

To the town of Brooktield, for boai'ding & cloathing Luke 
& Cato Kinn, & also, John Smith & Mary Park with her 
children, including the Doctor's bill 88 21 

To the town of Boothb[a]y, for boarding & cloathing John 

Hodskins to June 8th, 1802 143 

To the town of Boxborough for boarding John Kennedy to 

June 1, 1802 27 27 

To the town of Cheshire for boarding & cloathing Ephraim 

Richardson, & supplies for Rachel Graham to may 23, 1802 100 98 

To the town of Colerain for boarding, cloathing & nursing 

William VVillson & William Osborn, to may 21, 1802 . 54 42 

To the town of Chai'lemont, for boarding & cloathing Abra- 
ham Bass, & Dennis Kennedy to may 22, 1802 . . . 36 44 

To the town of Caj^e-Elizabeth, for boarding, cloathing & 
nursing Betty Carl, & James Ramsbottom, to may 12th, 
1802 136 12 

To the town of Carlisle, for boarding & cloathing Robert 
Barker & Matthew Jemisson to June 6, 1802 . , . 41 60 

To the town of Concoi'd, for boarding & cloathing William 
Shaw to June 5, 1802 ; also, for boarding, nursing & doc- 
toring John Thorning including funeral charges . . 49 80 

To the town of Deei'field, for supplies to Jenny Mather & 
family to may 20, 1802 ; also, for Doctor Williams for 
doctoring Samuel Rey to his death 24 92 

To the town of Daitmouth, for cloathing, boarding & doctor- 
ing, sundry paupers to May 21, 1802 190 80 

To the Town of Dover for Boarding Clothing and Nursing 

Patrick Cowen to June 1, 1802, 89 25 

To the town of Franklin, for boarding and cloathing Alex- 
ander Reed to May 26, 1802 101 

To the town of Freetown, for boarding John Conolly to may 

22, 1802 37 

To Constant Freeman, Keeper of the alms-house in Boston 

to June 1, 1802 289 57 

To the town of Framingham, for boarding, nursing & doctor- 
ing Daniel Campbell to may 25, 1802, & also, Betsy 
Stephen's child to the same date 112 65 

To the town of Gi'anvill, for houserent to Archable Stewart 

to may 17th 1802 16 

To the town of Greenwich, for paying William Stone's acct. 
for doctoring John Harrington to January 10, 1802 . . 9 68 



384 Kesolves, 1802. — May Session. 

Dolls. Cts. 

To the town of Greenfield, for boarding & supplies to Eunice 

Convas to may 26, 1802 20 29 

To the town of Gill, for boarding & supporting Peter Mange 

to may 25, 1802 16 

To the town of Gorham, for boarding, cloathing & nursing 

Robert Gilfllling to may 20th, 1802 . . . . . 26 42 
To the town of Glocester, for boai'ding, cloathing & nursing 

sundry paupers, including Doctoi-'s bill to may 10, 1802 . 984 32 
To Ezra Gibbs for supporting sundry paupers in the house 

of correction to March 24, 1802 17 72 

To the town of Granby, for boarding & cloathing Ebenezer 

Darvin & John Murry including Doctor's bill . . . 46 97 
To the town of Hamilton, for boarding, cloathing, & nursing 

Mary Monci'ieff including the Doctor's bill to may 1, 1802 51 91 
To Joseph Hodgkin, keeper of the house of correction in 

Ipswich in the County of Essex, for boarding & cloathing 

sundry paupers to June 7, 1802, including the allowance 

made by the Court of Sessions to march 7, 1802 , . . 507 64 
To the town of Holliston, for boarding & cloathing James 

Lewis, to may 10, 1802 14 46 

To the town of Littleton for boarding & nursing Richard 

Crouch, including the Doctor's bill 95 71 

To the town of Leyden, for supplies to Jedidiah Fuller & 

his family, including the Doctor's bill for the sd. Fuller & 

William Lewis to May 20, 1802 58 26 

To the town of Lunenburg for boarding & cloathing John 

Kelly to June 1, 1802 64 84 

To William Lyman for doctoring Jonathan Yong Jr. to deer. 

1797 20 15 

To the town of Lenox for boarding John How, Christian 

Crow, Abraham Palmer, & two children, to May 26, 1802 86 45 
To Doctor Mann for doctoring James Butler, to his death . 28 
To the town of Milton for boarding Thomas Webster to 

June 1, 1802 52 

To the town of Nantucket for boarding & nursing John 

Wilbor, wife & children, & Nony Hide, & removing sd. 

Nony to New York, to June 8, 1802 180 65 

To the town of Norwich for boarding & doctoring James 

Bolton, including funeral charges to the time of his death 76 
To the town of Norton, for boarding & cloathing Joseph 

Pratt, Pero a negro man, & Catharine Jones, a black woman 

to may 31st 1802 202 50 

To the town of Northfield for boarding, nursing, & doctoring 

Matthew Robly to may 26, 1802 65 47 

To the town of Northamjiton, for boarding, cloathing & 

nursing sundry paupers, including Doctor's bill to June 

1802 105 91 

To the town of Newbury, for boarding, cloathing, nursing & 

doctoring sundry j^aupers to June 1, 1802 .... 406 10 
To the town of Newburypoi't for boarding sundry paupers 

to June 1, 1802 652 6 

To the town of New Marlborough for removing Nathaniel 

Curtis, wife & son to Connecticut 44 14 

To the town of Pembrook, for boarding and cloathing John 

Monder, to Jany. 1, 1802 69 

To the town of Plymton for supporting Simon Brow, «& Han- 
nah Mitchel to March, 1, 1802 112 30 



Resolves, 1802. — May Session. 385 



To the town of Reiidfiekl for boarding & nursing Scipio 
Dace, a negro man, including the doctor's bill »& funeral 
charges to his death 60 

To the town of llainham, for boarding & sup^Dorting An- 
thony Briflin, to Jany. 1, 1802 12 58 

To the town of Standish, for boarding & cloathing Alice 

Noble to may 19, 1802 74 60 

To the town of Southhadley, for supporting Peter Pender- 
grass to may 19, 1802 18 52 

To the town of Stei'ling, for boarding & nursing Benjamin 
Johnson, including the Doctor's bill, & removing sd. John- 
son out of this Commonwealth 38 44 

To the town of Swansey, for boarding, & cloathing, Esther 
Church, Deborah Blancher, & three illegitimate children, 
&, also, boarding & nursing Benoni Streeter, including 
Doctor's bill to may 22, 1802 62 90 

To the town of Sandwich, for boarding, cloathing, nursing 
& doctoring James Hawden, including funeral charges to 
June 7, 1802 58 50 

To the town of Salem, for boarding and nursing sundry pau- 
pers to June 7, 1802 838 65 

To the town of Tyringham, for supplying John Dishill, in- 
cluding Doctor's bill to Jany. 1, 1802 17 33 

To the town of Taunton, for boarding & nursing Samuel 
Pierce, including the Doctor's bill to June 1, 1802 . . 76 45 

To the town of Uxbridge, for boarding & cloathing David 
Mitchel & Betty Trifle to may 20, 1802; also. Patience 
Hazard to may 17, 1802 57 50 

To the town of Westspringfield for boarding & cloathing the 
wife of Thomas Pettey & John Howe to may 20, 1802 . 41 44 

To the town of Windsor, for boarding & supplying the 
Widow Stills, & Henry Smith & his wife, to may 29, 1802 24 69 

To the town of Wolwich, for boarding & nursing, including 

Doctor's bill & funeral charges 10 

To the town of Western for boarding & cloathing William 

Johnson to may o, 1802 . . . . . . . 26 5 

To the town of Wilbraham, for boarding John Brown to may 

26, 1802 17 41 

To the town of Williamstown, for boarding & cloathing 
Rachel Galucia to may 15, 1802 ; also, for boarding & nurs- 
ing Henry James including Doctor's bill and funeral 
charges 189 

To the town of Westborough, for boarding, nursing & doc- 
toring John Scudmore to June 7, 1802 . . . . 32 75 

To the town of Worcester for boarding, cloathing nursing & 
doctoring Joseph King to June 2, 1802, Peter Willard to 
June 6, 1802, Stephen Semple to april 21, 1802, & i-emov- 
ing sd. Semple & his family to Newhampshire, Andrew 
Marin to may 27, 1802, & supplies to Jack Melvin to June 
2, 1802 110 13 

To the town of York, for boarding, cloathing & nursing sun- 
dry paupers to may 24, 1802, including Doctor's bill & 
funeral charges 149 83 

11870 6 



386 Resolves, 1802. — May Session. 



Militia Accounts. 

Courts Martial and of Enquiry, S^c. 

Dolls. Cts. 
To a Court Martial, whereof Gideon Foster Major General 

was President, held at Bridgewater march 24, & 25, 1802 . 181 97 
To a Court Martial, whereof Marshal Jones was pi'esident, 
held at Hancock in the County of Berkshire deeember 22, 
1801 67 41 

Aid de Camps &^ Brigade Majors. 

To Nathan Hay ward, for his services to May, 1802 . . 60 60 
To James Ayer Junr., Brigade Major in full for his services 

to June 6, 1802 98 35 

To Jeremiah Clap, Brigade Major, in full for his services 

to June, 1802 . . . " 97 47 

To Barzillai Gannett, Aid de camp, for his services to June 

3, 1802 36 75 

To William Jackson, Brigade Major, in full for his services 

to May 1, 1802 51 82 

To William Jeffers, Brigade Major, for his services to June 

1802 106 99 

To Seth Tinkham, Brigade Major, for his services to febru- 

ary 10, 1802 90 2 

To William Towner, in full for his services to June, 1802 . 40 10 

Adjutants Accounts. 

To Aaron Brooks, Adjutant, in full for his services to april, 

1802 

To Henry Brown, for his services to march 1, 1802 

To Joseph Brigham, Adjutant, for his services to May 25, 1802 

To David Dana, for his services to May 25, 1802 . 

To Jesse Davenport, Adjutant, for his services to January 6, 

1802 

To Lawson Dench, Adjutant, for his services to June, 1, 1802 
To Cyrus Hosmor, Adjutant, for his services to June 2, 1802 
To Joseph Kellogg, Adjutant, for his services to May 19, 1802 
To Cyrus Keith, Adjutant, for his services to June 4, 1802 . 
To Tilly Mead, Adjutant, for his services to January 1, 1802 
To Daniel Philbrook, Adjutant, for his services to .June 1, 1802 
To Samuel Thacher, Adjutant, for his services to May 25, 1802 
To John Ware, Adjutant for his services to May 25, 1802 
To Jason Ware, Adjutant, for his services to May 1, 1802 

Expence for Horses to haul artillery, 4"C. 

To Christopher Cushing, for money expended for horses to 

haul artillery to May, 20, 1802 13 75 

To Benjamin Comee, for money expended foi* horses to haul 

artillery to septembr. 21, 1802 10 

To John Dodge, for money expended for horses to haul ar- 
tillery to June 1, 1802 6 67 

To Ethan Ely, for money expended for horses to haul artil- 
lery, to June 1, 18U2 3 33 

To Robert Elwell, for money exi^ended for horses to haul 

artillery, to June, 1, 1802 12 

To Noah Ford, for money expended for horses to haul artil- 
lery to June 1, 1802 4 



9 


15 


11 


60 


13 


25 


35 


7 


25 


72 


45 


63 


11 





10 


34 


12 


76 


4 


68 


39 


55 


30 


25 


27 


93 


9 


3 



Resolves, 1802. — May Session. 387 

Dolls. Cts. 

To John Guilbert, for money expended for horses to haul 
artillery, to June 1, 1802 10 

To Nathan Harrington, for money expended for horses to 

haul artillery to June 3, 1802 7 

To Ephraim Willard, for money expended for horses to haul 

artillery to June 1, 1802 3 33 



Sheriffs' Accoimts. 



1817 52 

Dolls. Cts. 

To Edmund Bridge, for dispersing precej^ts & returning 

votes for Govenor &c. to June 9, 1802 81 30 

To Joseph Demmick, for returning votes for Governour &c. 

to June 1, 1802 12 48 

To John Gardner, for returning votes for Governor to May 

16, 1802 10 80 

To Joseph Hosmer, for returning votes for Governor &c. to 

June 11, 1802 3 42 

To Arthur Lithgoe, for returning votes for Governor &c. to 

June 1, 1802 121 27 

To Simon Learned, for returning votes for Governor to June, 

1802 11 20 

To George Partridge, for returning votes for Governor to 

June 1, 1802 6 40 

246 87 
Printers Accounts. 

Dolls, cts. 

To Thomas Dickman, for publishing the laws to June, 1802 16 66 
To Anger March, for printing for the Government to August 

4, 1801 18 44 

To Isaiah Thomas Junr. for printing for the Government to 

feby., 1802 , . . 16 67 

To Yo[?/]ng and Minns for printing for Goverment to June 

12, 1802 819 48 

871 25 

Convicts'' Accounts. 

Dolls, cts. 

To Nathan Heard, for dieting Eli Page, to May 23, 1802 . 30 59 

To Rufus Hosmor, for dieting sundry convicts in Concord 

gaol to June 17, 1802 118 57 

To Oliver Hartshorn, for dieting sundry State prisoners to 

June 9, 1802 96 45 

To John Richardson, for dieting sundry State prisoners to 

april 1, 1802 66 85 

312 46 

Dolls. Cts. 



Miscellaneous Accounts. 



To Norton Brailsford & Green, for cleaning windows & pur- 
chasing glass &c. to June 14, 1802 42 64 

To the Commissioners appointed by the General Court to 

settle the line between the State & the State of Connecticut 168 30 
which sum being paid to Timothy Bigelow together with 
the sum of five hundred dollars which they have received 
agreeable to a resolve of the General Court, passed June 
15, 1801, is in full for their services & all money by them 
advanced respecting the sd. business. 



388 



Kesolves, 1802. — May Session. 



To Peleg Coffin for sundry expenditures to May 25, 1802 

To Joseph Edmund for tolling the bell at the funeral of the 
Lieutenant Governor 

To Francis L. B. Goodwin, as Agent for the Penobscut tribe 
of Indians to June 1, 1802 

To the Guardians of the Dudley Indians, for a balance which 
is due to them, in full to May 25, 1802, which sum the 
Treasurer is directed to charge sd. Indians with, & to be 
deducted out of the sum due to them from the Common- 
wealth 

To Jonathan Hastings, for postage of papers, letters &c. to 
to June 14, 1802 

To Joshua Holt, for boarding, cloathing, nursing, doctoring 
Levi Conkepot, & for supplying him with books &c. to 
June 10, 1802 

To Allen Lauchlen, for tolling the bell . 

To Henry Lane for tolling the bell 

To John Low for ditto .... 

To Lemuel Luden, for ditto .... 

To Jacob Kuhn, for a balance due to him for money expended 
over & above the amount of two grants made him, June 
19, 1801, & february 18, 1802 

To Sylvanus La^jpam, for his services as an assistant to the 
Messenger of the General Court 

To Robert Newton, for tolling the bell 

To James Rogers, for ditto 

To Eder Vanneur, for ditto 

To West & Greenleaf, for books & stationai-y to June 8, 1802 

To Joshua Whitney, for taking an inquisition uj^on the body 
of Silas Metcalf 

To John Whiting, for blank books for the Adjutant General's 
office, to May 27, 1802 



Aggregnle of Boll No. 47. 



Dolls. Cts. 

15 24 

2 
62 



56 


51 


51 


30 


101 


95 


2 





2 





2 





2 






55 10 



818 96 





Dolls. Cts. 


Expence of State Paupers, 


. 11870 6 


Ditto, of Militia, . 


. 1817 52 


Ditto, of Sherifts, . 


. 246 87 


Ditto, of Printers, . 


. 871 25 


Ditto, of Convicts, 


. 312 46 


Ditto, of Miscellanies, . 


. 818 96 




15937 12 



Resolved, That there be allowed and paid out of the 
public treasury, to the several corporations & persons 
mentioned in this roll, the sums set against such corpora- 
tions and persons respectively, amounting in the whole to 
fifteen thousand, nine hundred, thirty seven dollars, and 
twelve cents. June 23, 1802. 



RESOLVES, ETC. 



GENERAL COURT OF MASSACHUSETTS. 

BEGUN AND HELD AT BOSTON, ON WEDNESDAY, THE 
TWENTY-SIXTH DAY OF 3IAY, ANNO DOMINI, 1802, AND 
CONTINUED BY ADJOURNMENT TO TUESDAY, MARCH 8, 
1803. 



1802. — January Session. 

answer of the senate to the governor's speech at the 
opening of the session. 

May it please your Excellency, 

It is with the most o;rateful sensations, that the Senate 
hasten to reciprocate your Excellency's Sentiments on the 
peaceful and prosperous situation of this Commonwealth 
— And in finding themselves enabled to discharge their 
ordinary legislative duties, without any public embarrass- 
ments, fiscal necessities or contrariant Interests to divert 
their attention from the provisions necessary for promot- 
ing the individual and general happiness of their Constit- 
uents. 

The late European War has given a most extensive cir- 
culation to the natural products of our Country, and ex- 
perimentally taught us the sound results of Industry and 
good Husbandry, in the advancement of commerce, the 
vast increase of the commodities produced by our soil, 
and with them, of those comforts which unite to render us 
a flourishing people. 

If in a Government free as ours, the liberties of the 
press, and our very frequent electioneering contests, tend 
to provoke party rancour, and keep the public pulse in a 
febrile state, we can only regret them as the drawbacks 
of freedom, attendant on unconfined discussion; and of a 



390 Resolves, 1802. — January Session. 

nature which a more enlarged experience, and a more im- 
proved state of Society, we hope will correct. 

The papers refer'd to in your Excellency's communi- 
cation shall meet all the attention which their circum- 
stances require — And we trust that a spirit of candour 
and concord will so pervade the different branches of the 
Legislature, during the whole Session, as to promote the 
real interests of that Community who have confided to us 
the sacred trust of guarding their rights, and extending 
the general prosperity. January 18, 1803. 

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SESSION. 

May it please your Excellency, 

The House of Representatives partake with great sin- 
cerity, in the satisfaction expressed by your Excellency, 
in contemplating the peaceful and prosperous condition of 
the State. We rejoice that the spirit of competition, in 
the late elections, has not transgressed the bounds of 
decency and moderation. A regard to these principles in 
' the exercise of the right of suffrage, will preserve us from 

the influence of passions, which in elective governments, 
so often injure the cause of freedom, by expelling from 
the seivice of their country, its best and most approved 
friends, & confiding power to the hands of unprincipled & 
capricious leaders, who disguise in the specious garb of 
Reform, delusive innovations, which flatter while they ruin 
a Nation. The intimate connection and mutual depend- 
ence of agriculture, commerce, and manufactures, so justly 
delineated by your Excellency, cannot fail to attract the 
attention of every wise Government. — It is by aflbrding 
an inijiartial patronage to all these Interests, that each is 
rendered caj)able of extending itself to the full scope of 
its natural limits, and of producing a beneficial re-action 
upon the others, by which the joint efforts & industry of 
the Community are rendered productive of the greatest 
possible results. In legislating upon these important sub- 
jects, we shall keep in view the principles advanced by 
your Excellency, and endeavour to apply them with suc- 
cess. We perfectly assent to the position that no just 
cause of Jealousy exists between them, and we disclaim 
all visionary systems, which would represent any one class 
of Citizens, as the peculiar favourites of divine or human 
Legislation. 



Resolves, 1802. — Januaky Session. 391 

The advantages of an extensive & prosperous commerce, 
have been eminently realized, during the late European 
War, by ready markets and high prices afforded to our 
produce ; by improvements in the science and practice of 
Agriculture, and by the great increase of commercial 
Capital. From the sudden termination of hostilities much 
embarrassment & inconvenience were naturally appre- 
hended by the Farmer and the Merchant. But although 
the rapid accumulation of wealth has been checked, and 
new modes of employment must be devised for a portion 
of that already acquired ; yet experience thus far has 
demonstrated that no inconvenience has resulted from the 
Peace, sufficient to damp the consolations of Humanity, 
or the pleasure arising from the consciousness of security. 
The People of this Commonwealth have retained their 
moral habits, their Religious Institutions, and their politi- 
cal Integrity. General plenty, competence, and unex- 
ampled prosperity, have also justified the wisdom of that 
policy, which preserved to us Peace with all Nations, 
filled the Coffers of our National Treasury, enabled this 
Commonwealth to reduce its debt, and augmented our 
Population and resources beyond the most sanguine cal- 
culations. 

We sincerely unite with your Excellency in the benev- 
olent hope, that the business of the Session, so auspi- 
ciously commenced may be conducted in a spirit of har- 
mony, and that all our measures may indicate an anxious 
desire to prove ourselves worthy of the confidence of our 
Fellow-Citizens, and to secure to them all the advantages 
which they are entitled to expect. January IS, 1S03. 

Chapter 59. 

RESOLVE GRANTING JACOB KUHN, MESSENGER TO THE GEN- 
ERAL COURT, SEVEN HUNDRED AND FIFTY DOLLARS. 

Resolved That there be allowed & paid out of the Treas- 
ury of this Commonwealth, to Jacob Kuhn Messenger of 
the General Court, the sum of Seven hundred & fifty Dol- 
lars to pay for the laying the stone foot walk ordered by 
the General Court, & for the purchase of necessary articles 
for the use of the said Court, he to be accountable for the 
expenditure of the same. Jarmary 18, 1803. 



392 Resolves, 1802. — January Session. 



Chapter 60. 

RESOLVE ON THE PETITION OF MOSES BARNES, AUTHORIZING 
HIM TO SELL AND EXECUTE A DEED OF THE LAND MEN- 
TIONED. 

On the petition of Moses Barnes of Brookfield in the 
County of Worcester, Executor of the last Will and 
Testament of Moses Barnes, of said Brookfield, yeoman, 
deceas'd. 

Resolved^ for reasons set forth in said petition, that the 
said Moses Barnes, Executor of the said Will, be and he 
hereby is authorized and empowered, to sell at public 
Auction, after advertising the sale in manner prescribed 
by Law, and execute any Deed or Deeds of conveyance of, 
the real Estate of the said testator, directed in his said 
last Will to be sold. 

Provided, that the said Moses Barnes, shall first give 
bond, with sufficient sureties to the Judge of Probate for 
the County of Worcester, conditioned that he will account 
for the proceeds of such sales, to the devisees interested 
therein, conformably to the directions in the said last 
Will and Testament contained. January 18, 1803. 



Chapter 61. 

RESOLVE ON THE PETITION OF JONATHAN HOMER, OF NEWTON. 

On the petition of Jonathan Homer as Guardian of 
Gibbs Wadsworth Eddy, Sarah Jaffrey Eddy, and John 
Eddy — minors. 

Resolved for the reasons set forth in said petition. That 
the said Jonathan Homer as Guardian aforesaid be, and 
he hereby is authorised and empowered to sell and dis- 
pose of certain real estate situate in the Town of Boston 
in the County of Suffolk and belonging to the minors 
above-mentiond, in fee simple, and to execute good and 
sufficient deeds thereof. Conditioned, however, that the 
said Jonathan Homer shall dispose of the same at public 
auction, after advertising the same two weeks successively 
in the New-England Palladium, the Massachusetts Cen- 
tinel, and Independent Chronicle ; that he shall not dis- 
pose of said estate under the sum of eight thousand 
dollars ; that the Purchaser shall pay at lea^t one third of 
the purchase money on the delivery of the deed ; that he 



Resolves, 1802. — January Session. 393 

shall give bonds with a mortgage of said estate as col- 
lateral security to Jonathan Homer as Guardian aforesaid 
or to his successor in office for the remaining two thirds 
to pay one half thereof on or before the tenth day of June 
A. D. 1806, and the other half on the fifth day of March 
A. D. 1808 with the legal interest thereon quarterly, the 
above being the periods at which the two last mention'd 
minors will arrive at full age ; and That the said Jonathan 
Homer shall give bonds with sufficient security to the 
Judge of Probate for the County of Suffolk that he will 
faithfully account to the said minors, or their legal repre- 
sentatives, for the proceeds of the estate aforesaid. 

January 18, 1803. 



Chapter 61a.* 

ORDER REQUESTING HIS EXCELLENCY TO OBTAIN A STATE- 
MENT FROM ALL BANKS WITHIN THE COMMONWEALTH. 

Ordered that His Excellency be requested to obtain as 
soon as may be, and lay the same before the Legislature, 
a statement from the President and Directors of the Union 
Bank of the debts due to said Corporation, of the monies 
deposited in said Bank, of the notes in circulation, of the 
gold and silver in their vaults, and of the notes on hand 
issued by other Banks, and a similar statement from all 
the other Banks within the Commonwealth mentioned in 
His Excellency's message of the 19th instant as not hav- 
ing returned any statement of their afiairs to the Gov- 
ernor and Council. January 19, 1803. 



Chapter 63. t 

RESOLVE ON THE PETITION OF AARON BURNHAM, AUTHORIZING 
HIM TO EXECUTE A DEED MENTIONED. 

Whereas, by the petition of Aaron Burnham, Adminis- 
trator de bonis non on the estate of Job Burnham, late of 
Scarborough in the County of Cumberland, deceased, it 
appears, that John Burnham late of sd. Scarborough, 
decsd. beino[ the former Administrator on sd. Job Burn- 



* Not printed in previous editions. Taken from court record. 

t Chapter 62 is a message from the Governor relative to returns from banks 
— return of militia and ordnance — and letter from Mr. Romagne; and is to be 
found among the messages. 



394 Resolves, 1802. — Januaky Session. 

ham's estate, having obtained license to sell the real estate 
of sd. Job for the payment of his just debts, did, at a pub- 
lie vendue, duly notified & held at the house of Samuel 
Harmon, Innholder in sd. Scarborough, on the 13th day 
of October A. D. 1794, sell to Abraham Leavitt of sd. 
Scarborough sundry parcels or lots of land & marsh in sd. 
town, & also, two thirds of a pew in the meeting house 
in the second Parish in sd. Scarborough, & whereas sd. 
John Burnham died before any deed of the land, marsh & 
pew aforesd. had been executed, therefore 

Resolved, that the sd. Aaron Burnham in his aforesd. 
capacity be, & he hereby is authorized & impowerd to 
execute to sd. Abraham Leavitt a good & sufiicient deed 
or deeds of the several parcels of land, marsh &two thirds 
of a pew sold as aforesd. January 22, 1803. 

Chapter 64. 

RESOLVE ON THE REV. JAMES RENATUS ROMAGNE'S LETTER, 
MAKING HIM AN ADDITIONAL GRANT. 

On the petition of James Renatus Romagne a Teacher 
of Morality and Religion among the Penobscot and Passa- 
maquoddy Tribes of Indians. 

Resolved that there be and hereby is Appropriated a 
further sum of seventy five Dollars pr. annum, in Addi- 
tion to Two hundred Dollars Appropriated by a Resolve 
of the Legislature of June 28, 1798 for the support of 
said Romagne a Teacher of Morality and Religion among 
the said Tribes of Indians until the further order of the 
Genl. Court. January 22, 1803. 

Chapter 65. 

RESOLVE ON THE PETITION OF NATHANIEL CONANT, GRANTING 
AN ADDITION TO HIS PENSION ALLOWED BY GOVERNMENT. 

On the Petition of Nathaniel Conant, praying for an 
additional allowance to a former Grant. 

Resolved, for reasons set forth in said Petition, that 
there be allowed and paid out of the Treasury of this 
Commonwealth, to the said Nathaniel Conant, a further 
sum of ten dollars as a pension, in addition to ten dollars 
already established upon him for life by a former law of 
this Commonwealth. January 24. 1803. 



Resolves, 1802. — January Session. 395 



Chapter 66. 

RESOLVE ON THE PETITION OF THE TOWN OF HARTFORD, 
IN THE COUNTY OF CUMBERLAND, REMITTING AN ASSESS- 
MENT, WITH A PROVISO. 

On the Petition of the town of Hartford, in the County 
of Cumberland, Praying that the sum Assessed on that 
town as their Proportion of the State Tax, in the Year 
1802, may be remitted, that the same may be appropriated 
to the mending & repairing the Public Roads through the 
said town — For reasons set forth in said Petition — 

Resolved — That the sum of Forty six dollars, & sixty 
six cents the tax assessed on the said town of Hartford 
as aforesaid, be remitted, Provided that the Select Men of 
said town for the time being shall cause to be returned to 
the treasurer of this Commonwealth, a certificate from the 
Surveyors of town ways under Oath to their fidelity in 
the same, that the said Sum of forty six dollars sixty 
six cents, taxed to said town as aforesaid, has been faith- 
fully laid out & expended in repairing the public Roads 
through the said town, within one Year from the date of 
this Resolve — And the treasurer is to govern himself 
Accordingly. January 24, 1803. 

Chapter 67. 

RESOLVE GRANTING ISAAC PEIRCE 150 DOLLARS TO PUR- 
CHASE FUEL AND OTHER NECESSARIES FOR THE COUNCIL 
CHAMBER AND SECRETARY'S OFFICE. 

Resolved, that there be allowed and paid out of the 
public Treasury to Isaac Peirce Messenger to the Gov- 
ernor and Council, the sum of One hundred and fifty dol- 
lars, to enable him to purchase fuel and other necessaries 
for the Council Chamber and Secretary's Office, he to be 
accountable for the same. January 25, 1803. 

Chapter 68. 

RESOLVE ON THE ACCOUNT OF THE HON. DAVID SEWALL, 
RESPECTING THE RECEIPT OF RENTS AND SALES OF CON- 
FISCATED LANDS IN THE DISTRICT OF MAINE, DISCHARG- 
ING HIM OF A SUM OF MONEY PAID INTO THE TREASURY, 
AND DIRECTING THE SECRETARY TO DELIVER HIM ONE 
SET OF LAWS AND ONE SET OF MAPS, AS A TOKEN OF 
THE APPROBATION OF THE LEGISLATURE. 

Whereas it appears that the Account of David Sewall 
Esqr. respecting the Receipt of Rents, and Sales of Con- 



396 Resolves, 1802. — January Session. 

fiscated Lands in the District of Maine formerly belong- 
ing to Sir William Pepperell Baronett now of London, 
amounting to Nine Thousand, seven Hundred Ninety five 
Dollars and sixty four cents, are well vouched and right 
cast : 

Resolved that the said Accounts be allowed & Accepted 
and that the said David Sewall be and hereby is dis- 
charged of said sum by him paid into the Treasury in- 
cluding his charges with the sum of Five Hundred Eighty 
seven Dollars & seventy three cents now in his hands, 
and is in full compensation for his Services. 

be it further Resolved, that the Secretary of this Com- 
monwealth be and hereby is directed to deliver to David 
Sewall Esqr., one sett of Laws (the last Edition) and one 
sett of Maps of this Commonwealth, as a token of the 
Approbation of the Legislature in his negotiations & set- 
tlement of the Estate aforesaid. January 26, 1803, 



Chapter 69. 

RESOLVE ON THE PETITION OF MICAH HOLBROOK, AUTHOR- 
IZING HIM TO MAKE SALE AT VENDUE OF THE WHOLE 
OF THE RIGHT OR SHARE OF ELIZABETH DARLING IN THE 
ESTATE OF HER FATHER, WITH A PROVISO. 

On the Petition of Micah Holbrook Guardian of Eliz- 
abeth Darling of Smithfield in the County of Providence 
& State of Ehod Island and Providence Plantation, an 
Insane Person, seting forth that the said Elizabeth is the 
owner of one fifth part of about Fifty Acres of land 
scituate part in Mendon and part in Uxbridge in the 
County of Worcester in this Commonwealth, which de- 
scended to her from her Father John Goldthwait of the 
aforesaid Smithfield late deceased, and lyeth in Common 
& Undivided betwixt the said Elizabeth and others. 
Heirs to the estate of the said Goldthwait, and praying 
for leave to make sale thereof. 

Resolved for reasons set forth in said Petition that the 
Prayer thereof be and the same is hereby granted ; and 
that the said Micah Holbrook be, and he hereby is author- 
ized & impowered in behalf of the said Elizabeth Darling, 
to make sale at Public Auction of the whole of the right 
or share of the said Elizabeth in and unto the aforesaid 
lands, and to give a Deed or Deeds of conveyance thereof, 
which Deed or Deeds, when duly Acknowledged & Ke- 



Resolves, 1802. — January Session. 397 

corded in the Registry of Deeds Office in said County of 
Worcester, sliall make a complete & legal title in fee to 
the Purchaser thereof, Provided that the said Micah Hol- 
brook shall first lodge a certifcate in the Register of Pro- 
bate's Office in said County of Worcester, of his have[2;tp'] 
made Oath that he will faithfully execute the trust hereby 
reposed in him — And Provided also, that he give Bond 
to the Judge of Probate for the aforesaid County of 
Worcester, with two sufficient sureties living in this 
Commonwealth, conditioned, that he will well and truly 
observe all the rules and regulations relative to the sale 
aforesaid, in the same way and manner, as is Provided by 
the laws of this Commonwealth in cases where Guardians 
shall have been impowerd by the Supreme Judicial Court, 
or by any Court of Common Pleas, to make sale of the 
real estate of. Idiot's, Lunatic's, Non Compos or distracted 
persons, for their support. January 27, 1S03. 



Chapter 70. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWN OF COLUMBIA, ABATING A TAX IMPOSED ON SAID 
TOWN, AND EXEMPTING THEM FROM FURTHER IMPOSITION 
OF TAXES UNTIL MARCH 1, 1804. 

On the Petition of the Selectmen of the town of Co- 
lumbia, praying that the State tax imposed on said town 
for the year 1802 might be abated. 

Whereas it appears that two townships No. 12 & No. 
13 which were sold by the Committee for the Sale of 
Eastern lands, the former on the 28th day of January 
1793 the latter on the 1st day of March 1794, now com- 
pose said town of Columbia, and by a Resolve of the 26th 
of March 1788 all lands which should be sold by said 
Committee pursuant to said Resolve were exempted from 
taxes for the space of ten years : 

Therefore Resolved that the State tax of forty Six dol- 
lars & Sixty Six Cents imposed on said town of Columbia 
by an Act passed the 10th day of March 1802 be & the 
same is hereby abated and that said town be exempted 
from all further imposition of state taxes until the first 
day of March 1804. January 27, 1803, 



398 Kesolves, 1802. — January Session. 



Chapter 71. 

RESOLVE ON THE PETITION OF PEARLEY HUNT AND OTHERS, 
REQUESTING THE GOVERNOR TO ESTABLISH A COMPANY 
OF ARTILLERY. 

On the Petition of Pear ley Hunt and others, praying for 
leave to establish a Company of Artillery in the Second 
Regiment of the first Brigade, in the Seventh Division of 
the militia of this Commonwealth. 

Resolved, That His Excellency the Governor, with ad- 
vice of Council, be, and he is hereby requested to estab- 
lish a Company of Artillery in the Second Regiment of 
the first Brigade, in the Seventh Division of the Militia 
of this Commonwealth, which Company shall be annexed 
to the Battalion of Artillery in the Said first Brigade, 
Subject however, to all Such rules, regulations and restric- 
tions, as are or may be provided by law, for regulating 
and governing the Militia of this Commonwealth. 

January 28, 1803. 

Chapter 73. 

RESOLVE ON THE PETITION OF JONATHAN YOUNG, JUN., FIX- 
ING THE TERM OF HIS ANNUAL ALLOWANCE, AND MAKING 
HIM AN ADDITIONAL GRANT AS A COMPENSATION FOR HIS 
EXPENCES AND SUFFERINGS DURING HIS CONFINEMENT. 

On the Petition of Jona. Young Jr. of York in the 
County of Y^ork praying that the annual allowance granted 
him by a resolve of the Legislature of this Comon wealth, 
passed March 1st 1800, in consideration of the loss of 
an arm while doing military duty on the 18th day of 
Octr. 1797 — for reasons set forth in his Petition, may 
be increased ; and made to commence from the time the 
misfortune befell him. 

Resolved, that the prayer of the petitioner be so far 
granted, as that the annual allowance made him by the 
resolve aforesaid, should commence from the time that 
his misfortune happened — 

And be it further resolved That there be paid to the 
said Jona. Y'oung Jr. out of the Treasury of the Com- 
monwealth fifty dollars, as compensation for his expences 
& sufierengs during his confinement. January 28, 1803. 



Resolves, 1802. — January Session. 399 



Chapter 73. 

RESOLVE ON THE PETITION OF DEMUS COLTON. 

On the petition of Demus Colton collector of the town 
of Longmeadow, in the County of Hampshire, stating 
that in the month of June 1802 he sent two hundred & 
forty Dollrs. & fifty two cents to the Treasury of this 
Commonwealth — that there was then no Treasurer chosen 
to recieve the money, & that he had assurances that no 
execution would suddenly issue, but by a mistake in the 
oflSce an Execution issued in the July following, & that 
he has thereby been subjected to cost. 

Resolved for reasons set forth in sd. petition that there 
be allowed & paid out of the Treasury of this Common- 
wealth to sd. Colton, the sum of seven dollars, the same 
being the cost which he has been compelled to pay on sd. 
Execution. January 28, 1803. 

Chapter 74. 

RESOLVE FOR PAY OF MEMBERS OF THE GENERAL COURT, ETC. 

Resolved, That there be allowed and paid out of the 
Treasury of this Commonwealth, to each Member of the 
Council, Senate and House of Representatives, two dol- 
lars pr. day for each day's attendance the present session, 
and the like sum for every ten Miles distance from their 
respective places of abode, to the place of seting of the 
General Court. 

A7id be it further Resolved, That thier be paid to the 
President of the Senate, and Speaker of the House of 
Representitives, each two dollars per day, for each and 
every day's attendance, over and above their pay as 
Members. January 28, 1803. 

Chapter 75. 

RESOLVE ON THE PETITION OF JAMES T. LORINQ AND MAR- 
TIN BLAKE. 

On the petition of James T. Loring and Martin Blake. 

Resolved that the said James T. Loring and Martin 
Blake be and they hereby are severally authorized & em- 
powered to convey the undivided shares or parts of the 
minors in behalf of whom they made application, to wit 



400 Resolves, 1802. — January Session. 

of John Loring & Mary Blake, of in unto or out of the 
estates mentioned in their said petition and to give good 
& sufficient deeds tliereof in fee simple provided they can 
obtain the same price for which the other eight ninths of 
the said Estates were sold, and provided also that they 
severally give bond to the Judge of Probate for the 
County of Suffolk to account with the said Minors or 
their Guardians for the proceeds of such sale or sales. 

January 28^ 1803. 

Chapter 76. 

RESOLVE ON THE PETITION OF ROBERT FIELD, ESQ. 

On the Petition of Robert Field, Esqr. stating that he 
was robbed of his Pocket Book, Containing a State note 
of this Common Wealth, No. 4158 — payable to one John 
Gibbs, for the sum of one hundred & Seventy three Dollars 
& 32 Cents, dated November 22d A.D. 1796, and praying 
relief. 

Resolved for reasons set forth in said Petition, that pro- 
vided, said Robert become bound to the Treasurer of this 
Common Wealth, in the Sum of three hundred Dollars, 
with a Sufficient Surety in the like Sum, Conditioned to 
Indemnify said Common Wealth against any Just demand, 
which may be made by virtue of said Stolen Note, that 
the Treasurer aforesaid be directed to pay to said Robert 
the Interest due on said Note, up to the first day of Jany. 
Current and twenty per Cent, of the Principal of said Note, 
and also to Issue to said Robert a new Note for the resi- 
due of said Sum, in the same manner, as he would have 
done if said first note, had now been presented by said 
Robert for that purpose. January 31, 1803. 

Chapter 77. 

RESOLVE ON THE PETITION OF EBENEZER GILMAN, AUTHOR- 
IZING THE EXECUTORS OF BENJAMIN TITCOMB'S WILL TO 
EXECUTE A DEED OF LAND MENTIONED. 

On the petition of Ebenezer Gilman of Standish in the 
County of Cumberland, praying that the Executors to 
the estate of Benjamin Titcomb, late of Portland in said 
County deceased, may be authorised to give & execute 
a Deed of part of a certain lot of land in said Standish. 

Resolved for reasons set forth in said petition, that the 



Resolves, 1802. — January Session. 401 

Executors of the last will & testament of Benjamin Tit- 
comb, late of Portland in said County, deceased, be & 
they hereby are authorised & impowered, to execute a 
Deed of conveyance, of one quarter part, of the hundred 
acre lot of land, in said Standish, numbered twenty eight 
in the second Division, to Ebenezer Gilman of Standish 
aforesaid, his heirs & assigns, which Deed shall be as good 
and effectual in Law, to convey the said land, as if made 
and executed by the said Benjamin, in his life time. 

January 31, 1803. 

Chapter 78. 

RESOLVE ON THE PETITION OF SAMUEL SKILLIN, JUN., SIMEON 
SKILLIN, AND OTHERS. 

On the petition of Samuel Skillin Junr. & Simeon 
Skillin both of Cape Elizabeth & David Trickey of Fal- 
mouth all in the County of Cumberland, praying that 
Sarah Tyng Waldo, Administratrix on the Estate of [of] 
Samuel Waldo deceased, son of Col. Saml. Waldo also 
deceased may be enabled to join with the other heirs of 
the said Col. Waldo in making & executing a deed of a 
tract of Land in said Cape-Elizabeth, which had been 
sold to the petitioners by Sarah Waldo widow of the 
said Col. Waldo, & of which the said Samuel in his life- 
time had received part of the price ; but died before he 
& the other heirs had given a deed. 

Resolved for the reasons set forth in said petition that 
the said Sarah Tyng Waldo, Administratrix as aforesaid, 
be & she is hereby authorised and empowered, in conjunc- 
tion with the other heirs of the Late Col. Saml. Waldo to 
make & execute to the petitioners aforesaid a deed & 
thereby to conve}'^ in fee the said Samuel's share of a cer- 
tain tract of Land in said Cape Elizabeth bounded begin- 
ning at the most southwardly corner of a hundred acre 
lot whereon Thomas Cummings now lives, thence north- 
west one hundred & sixty rods, thence northeast one hun- 
dred rods, thence Northwest forty rods, thence North 
east one hundred rods, thence north-west seventy rods, 
thence southwest about two hundred & seventeen rods, to 
the dividing line between Scarborough and Cape Eliza- 
beth, thence southeast by said dividing line, two hundred 
and seventy rods, thence north East about seventeen rods 
to the first bounds ; upon payment by the petitioners, of 



402 Resolves, 1802. — January Session. 



all that remains due to make up the full sum for which 
the said land was bargained & sold as aforesaid ; she the 
said Sarah Tyng Waldo being accountable to the Judge 
of probate as administratrix for so much of the price &, 
proceeds thereof falling to the share of the said Samuel 
as he the said Samuel in his lifetime did not receive. 

January 31^ 1803. 

Chapter 79. 

RESOLVE ON THE PETITION OF JOHN HOOKER, ADMINISTRA- 
TOR ON THE ESTATE OF SAMUEL LYMAN, LATE OF SPRING- 
FIELD, DECEASED, AND OTHERS. 

On the Petition of John Hooker Esq. administrator on 
the estate of Samuel Lyman late of Springfield Esqr. 
deceasd. and Guardian of Charles Pynchon Lyman, and 
Bezaleel Howard Clerk, Guardian of Mary Lyman and 
Samuel Lyman, which said Charles, Mary and Samuel 
are Children and only heirs of said Samuel Lyman Esqr. 
deceasd. and also of Mary Lyman late Wife of said Sam- 
uel and who has lately deceasd., praying that the said John 
and Bezaleel in their said Capacity as Guardians of said 
Children as aforesaid may be authorized to give deeds of 
certain Lots and tracts of Land which the said Samuel 
Lyman Esqr. in his life time bargained to sell to divers 
persons and gave obligations for conveying or his procur- 
ing a conveyance thereof, on their paying such sums as 
they respectively contracted to pay for such lands and 
which lands were the proper estate of the said Mary Ly- 
man deceasd. for reasons set forth in said Petition. 

Resolved That the said Guardians of said Children of 
said Samuel and Mary Lyman deed, be and hereby are 
authorized and empowered to make and execute good and 
suflScient deeds of the Lots of Land hereafter described, 
to the persons hereafter named to wit to Pascall Marvel, 
Lot No. 53 in Shutesb[w]ry in said County of Hampshire 
— to Peter Sampson Lot No. 33 in said Shutesbury — to 
Benjamin Upton lot No. 51 in said Shutesbury — to Amos 
Crittenden Lot No. 38 in Hawley in said County — to 
Simeon Crittenden Lot No. 49 in said Hawley — or to the 
Assigns of each or either of them, and according to the 
terms of the several and respective contracts with them 
made by said Samuel in right of his said Wife Mary the 
grantees fulfilling their part of the respective contracts so 



Resolves, 1802. — January Session. 403 

made as aforesaid with the said Samuel Lyman in his life 
time relating to the Lots or tracts of Land aforesaid. 

And whereas the said Petitioners have set forth in their 
said Petition that there are other instances in which simi- 
lar contracts were entered into by said Samuel in his life 
time respecting Lands which were the proper estate of his 
said Wife Mary deceasd. — therefore 

Resolved, That in all other cases wherein it shall appear 
that the said Samuel Lyman Esqr. in his life time did 
contract in writing to sell Lands which were the proper 
estate of his said Wife Mary, and that the persons respec- 
tively contracted with have already paid, or shall hereafter 
be ready to pay the several sums by them respectively 
engaged to be paid therefor to the Administrator on the 
Estate of the said Samuel, the said John and Bezaleel in 
their said Capacity of Guardians of the said Children of 
the said Samuel & Mary Lyman deed, be and hereby 
\_are'] authorized and empowered to give good and suffi- 
cient deeds of such Lands or any of them to the persons 
with whom such contracts were made or their respective 
Assigns — provided that a full representation being made 
of all the circumstances to the Judge of Probate for said 
County, he shall adjudge that it is equitable and just that 
such contracts should be compleated and conveyances 
made, and shall give his assent thereto accordingly, pre- 
vious to the said Guardians making any such deeds — 
provided also that the said Guardians first give bonds to 
the Judge of Probate in & for said County faithfully to 
account for all such monies as Shall be received by them 
on any of the contracts aforesaid. February 5, 1803. 

Chapter 80. 

RESOLVE ON THE PETITION OF ABNER IIOLDEN, AUTHORIZING 
THE EXECUTORS OF THE LAST WILL AND TESTAMENT OF 
THOMAS BRATTLE, ESQ. DECEASED, TO CONVEY THE LAND 
MENTIONED. 

On the petition of Abner Holden, praying that the ex- 
ecutors of the last will & testament of Thomas Brattle late 
of Cambridge in the county of Middlesex esqr. deceased, 
may be authorized to convey to him certain lands in Gard- 
ner & Westminster in the county of Worcester, agreeable 
to a parol contract made with the testator in his life time ; 
the said executors in that capacity, and also as guardians 



404 Resolves, 1802. — January Session. 

of their respective children, who are the devisees named 
in the said will, having certified their consent thereto. 

Resolved, That Caleb Gannett esqr. and John Mellen, 
Clerk, both of Cambridge aforesaid Executors of the last 
will & testament of Thomas Brattle esqr. deceased, and 
Guardians of their respective children, who are the devisees 
named in the said will, on the payment of the purchase 
money by the said Abncr Holden according to his con- 
tract with their testator, together with the interest thereof, 
be and they are hereby authorized to convey to the said 
Abner Holden & his heirs, by a good & sufficient deed, 
two small parcels of land in Gardner aforesaid, lying in 
common with one third thereof belonging to Mrs. Cathe- 
rine Wendell, being parts of lots Number nineteen in the 
fourth division, and Number seventy six containing eigh- 
teen acres in the whole, with about half an acre of land 
lying in Westminster aforesaid, being part of lot Number 
thirteen ; They the said Executors and Guardians first 
giving bonds with security to the acceptance of the Judge 
of Probate for the county of Middlesex, conditioned to 
account for & distribute such purchase money together 
with the interest thereof, to and among the several devisees 
aforesaid, according to their respective rights and inter- 
ests in the same lands. February 4, 1803. 

Chapter 81. 

RESOLVE ON THE PETITION OF WILLIAM BOWDOIN, IN BEHALF 
OF THE TOWN OF WARE, REMITTING TAXES ON SAID TOWN. 

Whereas on the petition of William Bowdoin in behalf 
of the Town of Ware Feby. 27th 1802 it was Resolved 
for reasons set forth in said Petition that the sum of three 
hundred Dollars of the taxes assessed upon said Town of 
Ware in the state tax for the years Eighteen Hundred one 
and two exclusive of the Representatives pay be remitted 
to the Inhabitants of the Town of Ware. Provided the 
said sum of Three Hundred Dollars and another sum of 
Three Hundred Dollars to be raised by private Subscrip- 
tion should be faithfully expended upon the Road Lead- 
ing from Belchertown to Western through said Ware 
before the first day of January then Next — And whereas 
it appears that the several sums mentioned in the aforesaid 
resolve have been faithfully and properly expended upon 
the said Road : 



Eesolves, 1802. — January Session. 405 

Be it therefore Resolved that the said sum of Three 
Hundred Dollars be and the same is hereby remitted to the 
Inhabitants of the said Town of Ware. 

February 5, 1803. 

Chapter 82. 

RESOLVE ON THE PETITION OF GILBERT WATKINS. 

On the Petition of Gilbert Watkins, shewing that Joshua 
Legg, of Pittsfield, in the County of Berkshire, was rec- 
ognized as Principal, and Gershom Legg and Mark Wat- 
kins, both of Partridgefield in said County, as sureties, in 
the sum of two hundred dollars each, for the appearance 
of the said Joshua at the Supreme Judicial Court holden 
at Lenox within & for said County, in October A. D. 
1798, to answer to a charge for Forgery; at which Term 
of said Court, the said Joshua was indicted, but did not 
appear, & his said sureties were defaulted, and judgments 
afterwards rendered aojainst them on their said recogni- 
zances, at the October Term of said Court A. D. 1800 — 
that at the date of said recognizance, the said Gershom 
Legg was seized of seventy five acres of land in said 
Partridgefield, which, after said recognizance, and before 
the said judgment thereon, was sold and conveyed by said 
Gershom, & the Petitioner, not knowing the lien of the 
Commonwealth by viitue of the recognizance &, judgment 
aforesaid, became interested in the said conveyance, by 
becoming bound for a further conveyance of said land free 
from incumbrances ; whereupon the said Petitioner, at 
his own expence, brought his Principal, the said Joshua 
Legg, from a great distance, and surrendered him to said 
Court, at their May Term A. D. 1801, at which term the 
said Joshua Legg was convicted & sentenced on his said 
indictment, & has since performed & suffered his said 
sentence. 

It is Resolved, that, upon the said Gilbert's paying, to 
the Treasurer of said County, the costs taxed against the 
said Gershom Legg and Mark Watkins, in the said judg- 
ments against them as sureties of said «Toshua Leffo;, the 
aforesaid seventy five acres of land shall be released & 
freed from the lien, right & claim of the Commonwealth, 
by virtue of the Recognizances & judgment aforesaid 
against the said Gershom Legg. February 5, 1803. 



406 Eesolvbs, 1802. — January Session. 



Chapter 83. 

RESOLVE ON THE PETITION OF OLIVER MAN, IN BEHALF OF THE 
INHABITANTS OF THE TOWN OF CASTINE, DIRECTING THE 
TREASURER TO DEDUCT FROM THE STATE TAX ASSESSED ON 
SAID TOWN FOUR CENTS UPON EACH THOUSAND DOLLARS. 

On the Petition of Oliver Man, in behalf of the Inhabi- 
tants of the Town of Castine, stating that in makincr up 
the last valuation of the Polls and Estates of this Com- 
monwealth there was Charged to the said Town of Cas- 
tine twenty Polls — (by mistake) more than the Number 
of Polls returned by the Assessors of said Town, and 
praying relieff. 

Resolved for reasons set fourth in said Petition, that the 
Treasurer of this Common Wealth, be required to deduct 
from the State Tax which may be Assessed on said Town 
of Castine, the sum of four Cents, upon each thousand 
Dollars — laid and Ordered to be Assessed upon the Polls 
& Estates within the Common Wealth and give Credit to 
said Town on each Tax which may be hereafter Charged 
against said Town, at the Rate of four Cents upon each 
thousand Dollars — granted as aforesaid, during the Con- 
tinuance of the present valuation. February 5, 1803. 



Chapter 84. 

RESOLVE ON THE PETITION OF JOSIAH QUINCY, IN BEHALF 
OF HIMSELF AND THOSE INTERESTED IN TOWNSHIP NO. 4, 
IN THE FOURTH RANGE, LYING IN THE COUNTY OF YORK, 
ALLOWING THEM A FURTHER TIME 'TO COMPLETE THE 
SETTLEMENT. 

On the petition of Josiah Quincy in behalf of himself 
& those interested in township Number four in the fourth 
Range lying in the County of York, west of Bingham's 
purchase and East of the line of Newhampshire, praying 
for the extension of the term for performing settling 
duties in said township. 

Besolved for Reasons set forth in said petition that a 
further term of Three years from the first day of February 
1803 be and hereby is allowed to the said Josiah Quincy, 
his heirs and assigns to compleat the settlements in said 
township. February 5, 1803. 



Eesolves, 1802. — January Session. 407 



Chapter 85. 

RESOLVE ON THE PETITION OF SILAS HEMENWAY, SARAH 
STONE, AND OTHERS. 

On the petition of Silas Hemenway, Sarah Stone & 
others, praying that they as Administrators on the estate 
of Jonas Stone junr., late of Shrewsbury, in the County 
of Worcester, deceased may be authorised to dispose of 
the real estate of said deceased, at an appraised value. 

Resolved for reasons set forth in the said petition, 
that the said Sihis Hemenway & Sarah Stone, be and they 
are hereby impowered in their said capacity as administra- 
tors, to make & execute an effectual deed of the real estate 
of the said deceased, situate in the said town of Shrews- 
bury at private sale, at the appraisement of three indiffer- 
ent discreet men of the said County, which shall be agreed 
on by the said Administrators, the widow, and guardian 
of the children of the said deceased, & the proposed pur- 
chaser, being the parties concerned. And in case the 
said parties cannot agree to an appraisement, then on the 
appraisement of three persons appointed by the Judge of 
Probate for the said County. Provided the said Admin- 
istrators first give bond with sufficient sureties to the 
Judge aforesaid, conditioned to account for and to make 
payment of the proceeds of said sale, agreable to the 
rights and interests which the respective parties have in 
and to the premises, in the same way & manner, as is pro- 
vided by Law for Executors, Guardians or Administra- 
tors, conveying real estate, in their respective capacities, 
under a licence from the Supreme Judicial Court. 

February 5, 1803. 



Chapter 86. 

RESOLVE ON THE PETITION OF ABEL TUTTLE AND OTHERS, 
IN BEHALF OF THE TOWN OF RUSSELL. 

On the Petition of Abel Tuttle &c. praying the Aid of 
Government in behalf of the Town of Russell. 

Resolved for lleasons set forth in said Petition, that 
provided said Town of Russell shall by Tax or otherwise 
raise and Actually lay out & expend the sum of three 
hundred dollars within nine Months after thi^ date upon 
the Bridge & Road up Westfield Mountain so called, in 



408 Resolves, 1802. — January Session. 



said Town of Russell, and shall procure the Certificate of 
the Honr. Samuel Fowler and Mr. William Knox Jr. to 
the Genl, Court that said Sum has been well and faith- 
fully expended on said Bridge & Road, that in such 
Case, the Treasurer of the Commonwealth shall allow, 
and discount to said Town the sum of one hundred & fifty 
dollars out of the present, and the subsequent years Taxes 
laid and Charged by Government on said Town. 

February 7, 1803. 

Chapter 87. 

RESOLVE AUTHORIZING THE GOVERNOR TO ISSUE HIS OR- 
DERS FOR RAISING A COMPANY OF LIGHT INFANTRY IN 
PORTLAND. 

On the Petition of Ezekiel Day and others. 

Resolved, that the Governor be and he hereby is author- 
ized and empowered, if he shall Judge it expedient, to 
raise, commission and equip a Company of Light In- 
fantry, in the Town of Portland, and annex the same to 
the first Regement in the second Brigade of the sixth 
division of Militia of this Commonwealth, to be called by 
the Name of the Portland Federal Volunteers. 

February 9, 1803. 

Chapter SS, 

RESOLVE APPOINTING THE HON. PELEG COFFIN AND JOHN 
DAVIS, ESQRS. TO CONTRACT FOR THE PRINTING OF A NEW 
EDITION OF THE TEMPORARY LAWS. 

Resolved that the Honble. Peleg Coffin and John Davis, 
Esqrs. be and they are hereby appointed and authorized 
in behalf of this Common wealth, to contract for the 
printing of a new Edition of such of the private and 
special Acts of this Common wealth, passed or to be 
passed previous to the end of the present Session, as they 
shall judge necessary and convenient, and to be selected 
by them for publication, together with the Titles and 
dates of all such private and special Acts, as they shall 
judge unnecessary to be printed entire, and to form and 
annex to each Volume, a complete Index to the whole, 
and also such marginal references as said Committee may 
approve — the publication thereof, they are also directed 
to superintend — the volume or volumes to be of the same 



Kesolves, 1802. — Januakt Session. 409 

size of the Octavo Volumes of the laws of this Common 
wealth, lately published — and to be on good paper. 

And it is further Resolved, that the Committee afore- 
said, are hereby authorized to agree with the person or 
persons who may undertake to print the Laws aforesaid 
for one thousand volumes or setts of said Edition, for the 
use of this Common wealth, for such price as shall appear 
reasonable to said Committee — which Volumes when 
completed, to be disposed of, as the Legislature shall 
hereafter direct. February 9, 1803. 

Chapter 89. 

RESOLVE ON THE ACCOUNTS OF PELEG COFFIN, ESQ. LATE 
TREASURER OF THIS COMMONWEALTH. 

Resolved, that the Report of the seventh day of Sep- 
tember, one thousand, eight hundred and two made by 
John Coffin Jones and Thomas Dawes, Esqrs. a Committee 
appointed by a Resolve of the fifteenth day of June, one 
thousand, eight hundred and two, to examine and adjust 
the accounts of Peleg Coffin, Esq. late Treasurer of the 
Commonwealth, from the date of the last settlement of 
his accounts to the time of his leaving that Office, be and 
hereby is accepted. And the Secretary is hereby directed 
to keep in his Office the said Report with the former ac- 
counts settled with the said late Treasurer Coffin. 

February 10, 1803. 

Chapter 90. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF WORCESTER AND GRANTING A TAX. 

Whereas the Treasurer of the County of Worcester 
has laid his accounts before the General Court, in manner 
prescribed by law, which accounts are hereby allowed ; 
And whereas the Clerk of the Court of General Sessions 
of the peace for the said County has exhibited an esti- 
mate, made by the said Court, of the necessary charges 
which may arise within the said county for the year ensu- 
ing amounting to Three thousand dollars : 

Resolved, That the sum of Three Thousand dollars be 
and hereby is granted as a Tax for the said County, to be 
apportioned, assessed, collected paid, and applied for the 
purposes aforesaid according to law. 

February 11, 1803. ^ 



410 Resolves, 1802. — January Session. 



Chapter 91. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF HAMPSHIRE AND GRANTING A TAX. 

Whereas the Treasurer of the County of Hampshire has 
laid his accounts before the General Court, in manner 
prescribed by Law, which accounts are hereby allowed ; 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County, has exhibited an esti- 
mate, made by the said Court, of the necessary charges, 
which may arise within the said county for the year ensu- 
ing, amounting to Three Thousand dollars : 

Resolved, That the sum of Three Thousand dollars be 
and hereby is granted as a Tax for the said County to be 
apportioned, assessed, paid, collected, and applied for the 
purposes aforesaid according to Law. 

February 11, 1803. 

Chapter 92. 

RESOLVE ON THE PETITION OF DAVID DENNIS AND OTHERS, A 
COMMITTEE OF THE TRUSTEES OF THE LINCOLN ACADEMY. 

On the petition of David Dennis, and others, a Com- 
mittee of the Trustees of the Lincoln Acadamy, praying 
that a Gore of land lying at the head of Damascotta Pond, 
between the Plymouth and Waldo claims, may be granted 
to said Trustees for the use of said Acadamy, in lieu of 
half a Township of land granted them for that purpose, 
by a Resolve of the twenty third day of June last, to be 
laid out and assigned to them in the unappropriated lands 
in the District of Maine. 

Resolved, for reasons set forth in said Petition, that the 
Gore of land, lying at the head of Damascotta Pond, be- 
tween the Plymouth and Waldo claims, be and hereby 
is granted to the said Trustees of the said Acadamy for 
the use thereof, in lieu of the said half a township of land, 
granted to them as aforesaid ; provided the said Gore of 
land is the property of this Commonwealth ; and the 
Agents of said Commonwealth are hereby Authorised to 
cause the same to be laid out and Assigned to said Acad- 
emy accordingly — the expence whereof to be paid by 
said Trustees. — the said grant subject to all the Condi- 
tions of Settlement as to the Settlers thereon and the 
Usual reservations made in Similar Grants for like pur- 
poses. February 12, 1803. 



Resolves, 1802. — January Session. 411 



Chapter 93. 

RESOLVE ON THE PETITION OF JOHN BREWER AND SIMEON 

FOWLER. 

On the Petition of John Brewer and Simeon Fowler 
Praying that the Treasurer may be directed to allow the 
sum of £269 : 1 : 6 on an Obligation now in the Treas- 
ure [r]'s ofBce Holden against them, it being an Allowance 
to which they are entitled by a Report of a Comtee. ap- 
pointed by a Resolve of the Genl. Court passed in March 
A. D. 1799, for the purpose of setling a dispute then sub- 
sisting betwixt the said Petitioners and sundry Persons 
settlers on lands purchased by the said Petitioners of the 
Committee for the sale of Eastern lands, which Committee 
first Named was directed by said Resolve to make report 
to the last named Committee, and when accepted by the 
said last named Committee, was by the said Resolve to be 
a full and compleat settlement betwixt the said contend- 
ing Parties ; and also to entitle the said Petitioners to 
such sum in damages as should be found due to them in 
consequence of the conditions of sale in their purchase 
aforesaid, being alfected by such settlement ; which sum 
aforesaid has been ascertained by said Report — but doubts 
having arrisen in the mind of the Treasurer as to the Pro- 
priety of his making such allowance without a special 
resolve for that purpose Therefore — Resolved that the 
Treasurer of this Commonwealth be, and he hereby is 
directed, to allow to the said John Brewer and Simeon 
Fowler the aforesaid sum of Two Hundred Sixty Nine 
Pounds One shilling and sixpence with Interest for the 
same, from the date of the Obligation aforesaid, on their 
settlement thereof. February 15, 1803. 

Chapter 94. 

RESOLVE GRANTING 350 DOLLARS TO HON. PELEG COFFIN, ESQ. 
IN FULL COMPENSATION FOR HIS SERVICES IN THE TREASURY 
OFFICE. 

Resolved That there be allowed and paid out of the 
Treasury of this Commonwealth to Peleg Coffin Esqr. 
Late Treasurer of said Commonwealth three hundred and 
fifty dollars in full Compensation for his services in the 
Treasury-office and in settleing his accounts as Treasurer 
since be has Left said office. February 15, 1803. 



412 Resolves, 1802. — January Session. 



Chapter 95. 

RESOLVE RESPECTING THE OLD STATE HOUSE, AUTHORIZING 
ENOCH TITCOMB, AARON HILL AND NICHOLAS TILLINGHAST, 
ESQRS. TO MAKE SALE OF THE COMMONWEALTH'S RIGHT, 
TITLE AND INTEREST IN THE SAME, ON SUCH TERMS AS 
THEY SHALL JUDGE MOST FOR THE INTEREST OF THE 
COMMONWEALTH. 

Resolved thf\t Enoch Titcomb, Aaron Hill and Nicholas 
Tillinghast Esqrs. be a Committee, who are hereby ap- 
pointed & authorized with full power, to make sale of all 
the Common wealth's estate right, title and Interest in and 
to the old State house, to the Town of Boston, or such per- 
son or persons, and on such terms as said Committee shall 
judge will be most for the interest and honor of the Com- 
mon-wealth, and to execute good and sufficient Deed or 
Deeds of Release thereof, and to pay the proceeds or 
deliver the securities which they may receive therefor, 
into the Treasury of this Common wealth. 

February 15, 1803. 



Chapter 96. 

RESOLVE ON THE REPORT OF THE COMMISSIONERS TO ADJUST 
THE DISPUTES EXISTING BETWEEN THIS COMMONWEALTH 
AND THE STATE OF CONNECTICUT, AUTHORIZING THE GOV- 
ERNOR IN THIS CASE. 

Whereas by a Resolve of the Legislature of the Com- 
monwealth of Massachusetts passed January 27th 1801 
the Hon. Timothy Bigelow Esquire George Bliss & John 
Hooker Esquires were appointed Commissioners on the 
part of the Commonwealth for carrying into Elfect the pur- 
poses of an Act of this Commonwealth passed in the year 
of our Lord 1791 entitled An Act appointing Commis- 
sioners on the part of this Commonwealth for ascertaining 
the boundary line between this Commonwealth & the 
State of Connecticut — And whereas it appears by a report 
of said Commissioners made May 31st 1802 that they were 
met by Commissioners on the part of the State of Connec- 
ticut & that the sd. Commissoners from the two Cov- 
er [wjments explored the line between the said State of 
Connecticut & this Commonwealth from the East line of 
the Town of Southwick to the West Line of New Marl- 
boro' — And whereas it appears by said Report that no 



Resolves, 1802. — January Session. 413 

material difference or disagreement existed between the 
said Commissioners of the said two Gover[7i]ments relat- 
ing to the Settlement of said line excepting between the 
Towns of Southwick on the part of this Commonwealth & 
the Towns of Siiffield & Granby on the part of Connecti- 
cut — And whereas the Commissioners on the part of this 
Commonwealth did make proposals to the Commissioners 
on the part of Connecticut to compromise the differences 
existing between the two Gover[?i]ments relative to the 
boundary line between the Towns aforementioned, which 
proposals are as follows viz. " that the line should begin 
from a station eight Rods South of the South west Corner 
of West Springfield & thence run west to the large Ponds, 
and from thence Southerly by those Ponds to the ancient 
South line of Westfield and from thence on said south 
line to the ancient south west Corner of Westfield and 
from thence Northerly in the ancient west line of West- 
field to the Station in said west line made by Commis- 
sioners in 1714 & from thence to the South west Corner 
of Granville " — which proposals in the opinion of this 
Legislature are both honorable & highly conciliatory on 
the part of this Commonwealth, altho' not acceded to by 
the Commissioners on the part of the State of Connecticut ; 
whereby the salutary purposes of sd. appointment are 
likely to be wholly defeated, & their labors for an amicable 
settlement entirely fail — And whereas the maintaining of 
peace & harmony between adjacent independent States, 
as also between the Inhabitants settled near the boundary 
lines of such States is highly beneficial & desirable : 

Be it Resolved that the Governor of this Common- 
wealth be & he is hereby authorized & requested to 
propose to the Governor of the State of Connecticut a 
Compromise of the existing disputes agreably to the 
proposals made by the Commissioners above stated — and 
if the same should not be acceded to on the part of the 
said State of Connecticut, to propose a Reference of the 
said dispute, concerning the dividing line between the two 
States, from the East line of Southwick, to the west line 
of New Marlborough in the Commonwealth of Massa- 
chusetts, to three Referrees to be appointed by the Gov- 
ernors of the two States, which sd. Referrees if mutually 
authorized, shall have power to decide upon the said line, 
& designate the same by permanent metes & bounds, & 
their decision shall be final & conclusive as to the Juris- 



414 Resolves, 1802. — January Session. 

diction of the two States — And if the said dispute can- 
not be compromised, or settled by Referrees, in Manner 
as aforesaid, his Excellency the Governor is hereby au- 
thorized & requested, to take such constitutional & legal 
Measures for the determination thereof as, with the Ad- 
vice of the Council he may judge most expedient & 
effectual. ' February 15, 1803. 

Chapter 97. 

RESOLVE GRANTING THE ATTORNEY GENERAL SIXTY-NINE 
DOLLARS AND SIXTY-SIX CENTS, AND DISCHARGING HIM 
OF 400 DOLLARS. 

liesolved, that there be paid out of the public Treasury 
to the Attorney General of this Common wealth, Sixty 
nine Dollars sixty six Cents, which will be in full of the 
balance of his Account of the cost of the late Reference 
between the Common wealth and the Town of Boston, for 
partition of the old State house. 

And be it further Resolved, that said Attorney General 
be and he hereby is discharged of the sum of four hun- 
dred Dollars, paid him by virtue of a Resolve of the elev- 
enth March last, to defray the Expences of the Reference 
aforesaid — he having accounted for the same. 

February 16, 1803. 

Chapter 98. 

RESOLVE DISCHARGING AMASA DAVIS, ESQ. QUARTER-MASTER- 
GENERAL, OF A SUM OF MONEY, AND GRANT TO. 

Resolved that Amasa Davis Esqr. the Quarter-Master 
General, be, & he hereby is discharged from the Sum of 
twelve thousand four hundred ninety nine dollars thirty 
seven cents, which he has expended out of the Sums 
with which he stands charged ; and that there be allowed 
& paid out of the Treasury to the said Amasa Davis Esqr. 
the Sum of eight thousand seven hundred sixty four dol- 
lars thirty seven cents, (which with the Sum of twelve 
hundred thirty five dollars sixty three cents now in his 
hands will amount to ten thousand dollars) for defraying 
the charges & expences of the Quarter-Master-Generals 
Department, the current year, he to be accountable for the 
same. February 16, 1803. 



Resolves, 1802. — January Session. 415 



Chapter 99. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF BERKSHIRE AND GRANTING A TAX. 

Whereas the Treasurer of the County of Berkshire, 
has laid his accounts before the General Court, in the 
manner prescribed by Law, which accounts are hereby 
allowed : And Whereas the Clerk of the Court of General 
Sessions of the Peace, for the said County of Berkshire, 
has exhibited an estimate, made by the said Court, of the 
necessary charges which may arise, within the said County, 
for the year ensuing, amounting to One thousand & Seven 
hundred dollars : 

Resolved that the said sum of One thousand and Seven 
hundred Dollars, be & hereby is granted as a Tax for the 
said County of Berkshire for the ensuing year, to be ap- 
portioned & assessed, collected, paid, & applied, for the 
purposes aforesaid according to Law. 

February 18, 1803. 

Chapter 100. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF LINCOLN AND GRANTING A TAX. 

Whereas the Treasurer of the County of Lincoln, has 
laid his accounts before the General Court, in the manner 
prescribed by Law, which accounts are hereby allowed : 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County of Lincoln, has exhib- 
ited an estimate made by the said Court of the necessary 
charges which may arise within the said County for the 
year ensuing amounting to Three Thousand, Seven hun- 
dred & sixty eight Dollars & forty cents : 

Resolved that the said sum of Three thousand Seven 
hundred & Sixty eight Dollars & forty cents be & hereby 
is granted as a Tax for the said County of Lincoln for 
the ensuing year, to be apportioned and assessed, col- 
lected, paid, & applied for the purposes aforesaid accord- 
ing to Law. February 18, 1803. 



416 Resolves, 1802. — January Session. 



Chapter 101. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF NORFOLK AND GRANTING A TAX. 

Whereas the Treasurer of the County of Norfolk has 
laid his accounts before the General Court for examina- 
tion, in the manner prescribed by Law, which accounts 
are hereby allowed : And Whereas the Clerk of the Court 
of General Sessions of the Peace, for the said County of 
Norfolk, has exhibited an estimate made by the said 
Court, of the necessary charges, which may arise within 
the said County for the year ensuing, amounting to Five 
thousand Six hundred & fourteen Dollars : 

Resolved that the said sum of Five thousand, six hun- 
dred, & fourteen Dollars, be & hereby is granted as a 
Tax for the said County of Norfolk for the ensuing year, 
to be apportioned assessed, collected, paid, & applied for 
the purposes aforesaid, according to Law. 

February 18, 1803. 

Chapter 103. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF YORK AND GRANTING A TAX. 

Whereas the Treasurer of the County of York has laid 
his accounts before the General Court in the manner pre- 
scribed by Law, which accounts are hereby allowed : And 
Whereas the Clerk of the Court of General Sessions of 
the Peace, for the said County of York, has exhibited an 
estimate, made by the said Court of the necessary charges 
which may arise, within the said County for the year en- 
suing, amounting to Two thousand Dollars : 

Resolved that the said sum of Two thousand Dollars 
be and hereby is granted as a Tax for the said County 
of York, for the ensuing year, to be apportioned and as- 
sessed, paid, collected & applied for the purposes afore- 
said according to Law. February 18, 1808. 

Chapter 103. 

RESOLVE ON THE PETITION OF REBECCA PARKS, JAMES TAY- 
LOR, AND JOHN INGERSOLL, EXECUTORS OF THE LAST WILL 
AND TESTAMENT OF WARHAM PARKS, ESQ. DECEASED. 

On the Petition of Rebecca Parks James Taylor and 
John Ingersoll Executors of the Last Will & Testament 



Resolves, 1802. — January SESSioiir. 417 

of Warham Parks Esqr. Late of Westfield in the County 
of Hampshire deceased praying Liberty to sell Sundry 
tracts of real estate the use of which was given to the 
said Rebecca Parks by the Will of the said Warham 
Parks so long as she remained his Widow. 

Resolved for reasons set forth in said petition that the 
said Rebecca Parks James Taylor and John Ingersoll all 
of Westfield in the County of Hampshire & Executors of 
the last Will & Testament of the said Warham Parks as 
aforesaid be and they hereby are authorised & empow- 
ered to sell &, Convey by Deed in fee Simple all the 
right title Interest & estate of the said Warham Parks of 
in & unto the aforesaid Real Estate or any part thereof to 
any person or persons who shall wish to become pur- 
chasers & for such sum and upon such terms & Conditions 
as the said Rebecca Parks James Ta3dor & John Ingersoll 
shall deem fit & reasonable & the most advantageous to 
the heirs — Provided that the said Rebecca Parks James 
Taylor & John Ingersoll shall first give bond with suffi- 
cient sureties to the Judge of Probate for the County of 
Hampshire Conditioned that they will Account for the 
proceeds of such sales by vesting the same in the same 
manner the Will of the said Warham Parks provides that 
the proceeds of the sales of his other real estate shall be 
vested — And provided also the said Rebecca Parks James 
Taylor & John Ingersoll shall first obtain the free Consent 
of John Houghton & Julia his wife late Julia Parks & 
Daughter of the said Warham Parks — And the Interest 
of all monies arising from such sales to be at the sole dis- 
posal of the said Rebecca Parks so long as she shall re- 
main the widow of the said Warham Parks — & whenever 
the said Rebecca shall cease to be the widow of the said 
Warham Parks — the stock & Interest arising from the 
sales made by the said Executors be applied in such man- 
ner as it is directed b}' the Will of the said Warham Parks 
the stock & Interest arising from the sales of his other es- 
tate shall be applied. February 18, 1803. 

Chapter 104. 

RESOLVE ON THE PETITION OF GUSTAVUS SWAN AND OTHERS. 

On the Petition of Gustavus Swan & others praying for 
an extension of the time allowed for certain settlers within 
the town of Hampden & the township No. two in the sec- 



418 Resolves, 1802. — January Session. 

ond range north of the Waldo Patent, for paying for their 
Lots of land lying within the said Townships respectively. 
Resolved for reasons set forth in the said Petition that 
the Petitioners & others within the said townships in- 
debted as aforesaid hereby are allow^ed one year, from & 
after the fifteenth day of June next to pay for their re- 
spective Lots as aforesaid, computing the Interest on the 
sums so due from each of the said settlers. 

February IS, 1803. 

Chapter 105. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF HANCOCK AND GRANTING A TAX. 

Whereas the Treasurer of the County of Hancock has 
exhibited his accounts to the General Court in the manner 
prescribed by Law, which accounts are hereby allowed : 
And Whereas the Clerk of the Court of General Sessions 
of the Peace, for the said County of Hancock, has ex- 
hibited an estimate, made by the said Court, of the neces- 
sary charges which may arise within the said County for 
the ensuing year, amounting to Three thousand Dollars : 

Resolved that the said sum of Three Thousand Dollars, 
be and hereby is granted as a Tax for the said County of 
Hancock, for the year ensuing to be apportioned, assessed, 
paid, collected, & applied, for the purposes aforesaid, 
according to Law. February 18, 1803. 

Chapter 106. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF ESSEX AND GRANTING A TAX. 

Whereas the Treasurer of the County of Essex, has 
laid his accounts before the General Court for examina- 
tion, in the manner prescribed by Law — which accounts 
are hereby allowed : And Whereas the Clerk of the Court 
of General Sessions of the Peace, for the said County of 
Essex, has exhibited an estimate made by the said Court, 
of the necessary charges, which may arise, within the said 
County for the present year, including Three thousand 
Dollars for the expence of completing the Court House 
at Newbury Port amounting to Seven thousand & two 
hundred Dollars : 

Resolved that the said sum of Seven thousand & two 



Eesolves, 1802. — January Session. 419 

hundred Dollars, be & hereby is granted as a Tax, for the 
said County of Essex for the year ensuing, to be appor- 
tioned, assessed, collected, paid, & applied for the purposes 
aforesaid according to Law. February 18, 1803. 

Chapter 107. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF CUMBERLAND AND GRANTING A TAX. 

Whereas the Treasurer of the County of Cumberland 
has laid his accounts before the General Court in the 
manner prescribed by Law, which accounts are hereby 
allowed : And Whereas the Clerk of the Court of General 
Sessions of the Peace for the said County of Cumberland 
has exhibited an estimate, made by the said Court of the 
necessary charges, which may arise within the said County 
for the year ensuing, amounting to Two thousand & two 
hundred Dollars : 

Resolved that the said sum of Two thousand & two 
hundred Dollars, he and hereby is granted as a Tax for 
the said County of Cumberland for the ensuing year to be 
apportioned & assessed, paid, collected, and applied for 
the purposes aforesaid according to Law. 

February 18, 1803. 

Chapter 108. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF KENNEBECK AND GRANTING A TAX. 

Whereas the Treasurer of the County of Kennebeck has 
laid his accounts before the General Court for examination 
in the manner prescribed by Law, which accounts are 
hereby allowed : — And Whereas the Clerk of the Court 
of General Sessions of the Peace for the said County of 
Kennebeck, has exhibited an estimate made by the said 
Court, of the necessary charges, which may arise within 
the said County for the Year ensuing amounting to Three 
thousand, Six hundred, & ninety five Dollars, & ninety 
seven cents : 

Resolved that the said sum of Three thousand. Six 
hundred & ninety five Dollars & ninety seven cents, be 
and hereby is granted as a Tax for the said County of 
Kennebeck for the ensuing year, to be apportioned, 
assessed, paid, collected, & applied, for the purposes 
aforesaid according to Law. February 18, 1803. 



420 Resolves, 1802. — January Session. 



Chapter 109. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF BARNSTABLE AND GRANTING A TAX. 

Whereas the Treasurer of the County of Barnstable, has 
laid his accounts before the General Court, in the manner 
prescribed by Law, which accounts are hereby allowed : 
And Whereas the Clerk of the Court of General Sessions 
of the Peace for the said County of Barnstable, has ex- 
hibited an estimate, made by the said Court, of the neces- 
sary charges which may arise, within the said County, for 
the year ensuing, amounting to One thousand & ninety 
seven Dollars : 

Resolved that the sum of One thousand & ninety seven 
Dollars, be & hereby is granted as a Tax for the said 
County of Barnstable for the ensuing year, to be appor- 
tioned assessed, collected, paid, & applied, for the pur- 
poses aforesaid according to Law. February 18, 1803. 

Chapter llO. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF WASHINGTON AND GRANTING A TAX. 

Whereas the Treasurer of the County of Washington, 
has laid his accounts before the General Court in the 
manner prescribed by Law, which accounts are hereby 
allowed : And Whereas the Clerk of the Court of General 
Sessions of the Peace, for the said County of Washington, 
has exhibited an estimate made by the said Court, of the 
necessary charges, which may arise within the said County 
for the year ensuing, amounting to One thousand & ninety 
five Dollars : 

Resolved that the sum of One thousand & ninety five 
Dollars, be & hereby is granted as a Tax for the said 
County of Washington for the ensuing year, to be appor- 
tioned, assessed, collected, paid, & applied, for the pur- 
poses aforesaid according to Law. February 18, 1803. 

Chapter 111. 

RESOLVE ON THE PETITION OF DAVID FRAZIER, AND GRANT TO. 

On the petition of David Frazier of Southwick in the 
County of Hampshire praying for an allowance for an 



Kesolves, 1802. — January Session. 421 

injury sustained in the Militia service in the month of 
September 1801. 

Resolved, That there be allowed & paid out of the 
Treasury of this Commonwealth, the sum of one hundred 
dollars to the sd. David Frazier, which shall be in full for 
his suffering as aforsd. Fehriiary 18, 1803. 



Chapter 113. 

RESOLVE ON THE PETITION OF JACOB ABBOT. 

On the Petition of Jacob Abbot praying to exempt 
Township N[o]. 4 from settling duties. 

Whereas on the 15th day of Feby. 1794 the Commit- 
tee for the sales of eastern land sold to the said Abbot & 
others four Townships of land situated northerly of An- 
druoscogin river in the District of Maine viz. number one, 
two, four & five & provission was made for settling thirty 
families in each of said Townships in the deed Executed 
by said Committee : 

And whereas the said Abbot has exhibited a list of 
One hundred & thirty two Settlers settled in said town- 
ships No. one two & five : 

Ther[e]for Resolved that the said proprietors of town- 
ship number four be and they hereby are released from 
the condition in their Deed of Settling thirty families in 
said township. February 19, 1803. 

Chapter 113. 

RESOLVE ON THE REPORT OF THE COMMITTEE FOR THE SALE 
OF EASTERN LANDS IN THE DISTRICT OF MAINE, DISCHARG- 
ING THEM OF A CERTAIN SUM, WITH DIRECTIONS TO SAID 
COMMITTEE TO EFFECT A SETTLEMENT OF CERTAIN CON- 
TRACTS, AND ALSO TO THE SECRETARY TO PUBLISH THREE 
HUNDRED COPIES OF THE TRANSCRIPTS OF THE SEVERAL 
RESOLVES RELATING TO SAID LANDS. 

Whereas the Agents for the Commonwealth's lands in 
the District of Maine have exhibited an account of their 
proceedings bearing date the fourth day of February, one 
thousand eight hundred and three, amounting to twenty 
four thousand, eight hundred and eighty two dollars, and 
eighty eight cents, which on examination appears to be 
well vouched and right cast ; and by which it also appears 
that they have accounted for the sum of twenty four thou- 



422 Resolves, 1802. — January Session. 

sand, seven hundred and forty four dollars and eighty 
three cents and that there remains in their hands the sum 
of one hundred and thirty eight dollars and five ceots, to 
be accounted for in a new account : Therefore, 

Resolved, that the said Agents be and hereby are dis- 
charged of the said sum of twenty four thousand, seven 
hundred and forty four dollars, and eighty three cents. 
And whereas several resokitions have been passed by the 
Legislature for quieting settlers in the District of Maine, 
and under said Resolutions Surveyors have been appointed, 
returns made and certificates issued by said Surveyors to 
entitle said settlers to one hundred acres of land on pay- 
ing such sums of money as are therein provided : There- 
fore, 

It is further Resolved, that the Agents aforesaid, are 
hereby directed to give public notice to all settlers of the 
aforesaid description, by publishing such notice in the 
Palladium printed in Boston, & in all the Newspapers 
printed in the District of Maine, that unless they, within 
two years from the time of passing this Resolve, pay said 
sums with interest to the said Agents, they will be pre- 
cluded from the benefits provided in the Resolves afore- 
said. 

It is further Resolved, that the Secretary of this Com- 
monwealth be and hereby is directed to re-examine the 
transcript of the several Resolves and other documents 
respecting the Commonwealths lands in the District of 
Maine, now in the Office of the said Agents, and cause to 
be published Three hundred copies thereof for the use of 
the Government, including all the Resolves on the same 
subject that may be passed at the present Session of the 
Legislature. 

And whereas there are certain contracts for eastern 
lands, on which partial payments have been made, and 
considerable ballances remain due : Therefore, 

It is further Resolved, that the Agents aforesaid, as 
well as the Treasurer of this Commonwealth, be and they 
hereby are directed to use all proper means to eflect a 
settlement thereof as soon as may be. 

February 19, 1803. 



Kesolves, 1802. — January Session. 423 



Chapter 114. 

RESOLVE ON THE PETITION OF THOMAS POOR, ADMINISTRATOR 
ON THE ESTATE OF OLIVER PEABODY, LATE OF SHELBURNE, 
N. H. 

On the Petition of Thomas Poor administrator on the 
Estate of Oliver Peabody late of Shelburn in the County 
of Grafton and State of New Hampshire gent, deceased. 

liesolved for reasons set forth in said petition that The 
aforesaid Thomas Poor as administrator aforesaid may 
locate and lay out four hundred acres of land granted to 
John & Kuth Dennis the 14th October 1778. 

Provided said location shall not contain any part of the 
ten Townships purchased of the Indians at Penbbscott 
river, and shall be laid out under the directions of the 
Agents for the Commonwealth's land at the expenc[e] of 
the petitioners, and a plan returned of said four hundred 
acres within one year from the passing of this resolve. 

February 19, 1803. 

Chapter 115. 

RESOLVE ON THE PETITION OF ROBERT HALLOWELL AND 
THOMAS L. WINTHROP, A COMMITTEE OF THE PROPRIETORS 
OF THE KENNEBECK PURCHASE FROM THE LATE COLONY OF 
NEW PLYMOUTH. 

Whereas the time limited in and by a Resolve passed by 
the General Court on the nineteenth day of February last 
on the Petition of Arodi Thayer in behalf of the Proprie- 
tors of the Kennebec purchase from the Colony of New 
Plymouth, for the parties therein interested to enter their 
submissions agreably to the provision of said Resolve, has 
elapsed ; and sundry persons, entitled to the benefits of 
said Resolve, have already made submissions, on which 
said Commissioners have not yet decided, and other per- 
sons may hereafter be disposed to submit, if permitted so 
to do : 

It is therefore Resolved that the power of the Commis- 
sioners appointed in pursuance of said Resolve, to receive 
submissions, and deside thereon, and the right of any 
settler or settlers on the common & undivided land of said 
Plymouth company to make such submissions and take the 
benefit thereof agreably to said Resolve, be prolonged & 
continued until the first day of November next ; and that 
said Commissioners shall have authority to take or cause 



424 Resolves, 1802. — Januaky Session. 

to be taken all such surveys as they may Judge necessary 
for the performance of their duties, by virtue of said 
Resolve. 

Provided that the said Plymouth company shall within 
twenty days next after the passing of this Resolve signify 
to the said Commissioners, in writeing their acquiescence 
in this additional resolve. 

And provided also that nothing in this Resolve con- 
tained shall be construed to the prejudice of any person 
or persons claiming the land in question or any part thereof 
under any title adverse to that of the said Plymouth 
Company. February 22, 1803. 

Chapter 116. 

RESOLVE ON THE PETITION OF OLIVER LEONARD, AUTHORIZING 
SALEM TOWN, ESQ. TOGETHER WITH THE AGENTS OF THIS 
COMMONWEALTH, TO DISPOSE OF THE LAND MENTIONED. 

On the petition of Oliver Leonard, representing, that 
he is desirous of purchasing about two thousand acres of 
land, adjoining the plantation of Eddington, on the East 
side of Penobscot river, & back of the Land sold to a 
part of the thirty two settlers, on the Indian purchase 
together with a gore of about one hundred acres between 
the said settlers lots, & joining on the Eastern bank of 
the aforesaid River. 

Resolved for reasons set forth in said petition, that the 
prayer thereof be granted, & that Salem Town Esq. to- 
gether with the Agents of this Commonwealth, be and 
they hereby are authorised to sell to the said Oliver 
Leonard, or to any other person or persons, who may 
apply for the same, the tract of land aforesaid, at such 
adequate price as they may judge reasonable, having par- 
ticular regard to the soil, and growth of timber thereon, 
situation, Mill Seats, Streams & Ponds of water. 

February 22, 1803. 

Chapter 117. 

RESOLVE ON THE PETITION OF JOHN BREWER AND SIMEON 

FOWLER. 

Whereas, by a Resolve passed the first day of March 
1799 Appointing a Committee to repair to the Town of 
Orrington on the subject of Settlers therein, and report 



Resolves, 1802. — January Session. 



425 



the sums which each Settler ought to pay to John Brewer 
& Simeon Fowler, which report was Accepted ; and by 
the same Resolve said Brewer & Fowler were directed to 
inform the General Court " in case any Settler shall not 
make payment accordingly within the space of Six months 
after he shall receive notice of the sum to be by him paid 
for his part or proportion of the Lands in said Orrington 
in order that such further proceedings may be liad as 
Justice may require." — And Whereas the said Brewer & 
Fowler have made a Representation to this Court that 



Moses Wentworth, 
Ebenezer Whelding, 
The heirs of Simeon Smith, 
Nye and Wentworth, 
Barzilla Rich, 
Timothy Freeman, 
Betsy Snow, 
Samuel Brown, 
Archelaus Dean, 
Solomon Swett, 
Natlianiel Gould, 
Joseph Baker, 
Amos Dole, 
Elias Dupee, 
Daniel Robinson, 



Robei't Treat, 

John Holyoak, 

Benjamin Snow, 

John Rider, Junr. 

Thomas Campbell, 

Emerson Orcutt, 

Elijah Smith, 

Solomon Hathorn, 

JosejDh Mansell, 

Samuel & Moses Knap, 

Gardner & Treat, 

Widow of John Mansell Junr. 

Peter Robishaw & Turner, 

Lott Rider, 



have not complied with the terms required of them by the 
report and Resolve aforesaid : 

In furtherance of Justice, Be it therefore Resolved that 
the said John Brewer & Simeon Fowler after the exi)ira- 
tion of One year from the passing this Resolve may 
proceed to Eject the Settlers aforenamed who shall not 
pay the full sum as Specified by the Report of the Com- 
mittee aforesaid with Interest until paid ; the Resolve 
aforesaid limitino; the time to six months notwithstandinor. 

he it further Resolved that the said John Brewer & 
Simeon Fowler be and they hereby are Allowed the 
further time of Eighteen months from and after the pass- 
ing this Resolve for the payment of their Obligation now 
in the Treasur}^ Office — the Treasurer & Attorney Gen- 
eral to govern themselves Accordingly. 

February 22, 1803. 



426 Resolves, 1802. — January Session. 



Chapter 118. 

RESOLVE ON THE PETITION OF JAMES SULLIVAN, ESQ. AT- 
TORNEY GENERAL, GRANTING HIM TWO HUNDRED DOLLARS 
PER ANNUM, IN ADDITION TO HIS SALARY. 

Resolved, That there be allowed and paid out of the 
Public Treasury, to James Sullivan Esqr. Attorney- 
General, the sum of Four hundred Dollars in addition to 
his established salary, being at the rate of two hundred 
dollars ^ annum, from the first day of March 1801 — to 
the first day of March 1803, and also the further sum of 
Two hundred Dollars, for his services in attending to the 
the Commonwealths Inter [e]st in the old state House. 

February 22, 1803. 

Chapter 119. 

ORDER TO THE SECRETARY TO PROCURE THE EXISTING LAWS 
OF THE STATES OF NEW HAMPSHIRE, RHODE ISLAND, CON- 
NECTICUT, VERMONT AND NEW YORK, ON THE SUBJECT OF 
STATE PAUPERS, 

Ordered that the Secretary of this Commonwealth be, 
and he hereby is directed to procure the existing Laws 
of the States of New Hampshire Rhode Island, Con- 
necticut, Vermont, & New York, on the Subject of State 
Paupers and lay the same before the General Court at the 
next Sessions thereof. February 22, 1803. 

Chapter 130. 

RESOLVE PROVIDING AN ALLOWANCE FOR THE NEXT ELEC- 
TION SERMON. 

Resolved That there be allowed and paid out of the 
Treasury of this Commonwealth the sum of fifty dollars to 
the Gentleman who shall preach the Election sermon on 
the Last Wednesday of May next. February 23, 1803. 

Chapter 131. 

RESOLVE ON THE PETITION OF THOMAS GOLD, IN THE CASE 
OF PHINEAS WATKINS. 

Whereas by a Decree of the Court of Probate holden at 
Lenox within & for the County of Berkshire, on the 
eighteenth day of November in the year of our Lord 
one thousand eight hundred & one, the sum of eight hun- 



Eesolves, 1802. — January Session. 427 

dred & forty three Dollars, fifty nine cents & five mills, 
was allowed to Alexander McMechan, as a creditor of 
Phineas Watkins, late of Partridgefield in said County 
of Berkshire, deceased, being an average dividend on the 
sum reported in his favour by the Commissioners of in- 
solvency on said Watkins's estate, on a promissory note 
given to said McMechan by said Watkins in his life time, 
jointly & severally with William Fletcher & Oliver 
Tinney, on which note a suit was commenced by said 
McMechan against said Watkins, Fletcher & Tinney, in 
the life time of said Watkins, and after his death was pros- 
ecuted to final judgment & execution against the surviv- 
ing promissors Fletcher & Tinney, and the execution in 
part satisfied by being levied on estate of said Fletcher & 
Tinney, which part satisfaction, not being proved, was not 
taken into consideration by the Judge of Probate in de- 
creeinof the averao:e aforesaid in favour of said McMechan 
upon his whole debt proved as aforesaid. But withm the 
time allowed by law for appealing from said Decree of 
average, the said McMechan agreed with the then admin- 
istrator on said estate, that if the said administrator would , 
not appeal from the said decree, he would agree on a state 
of facts, and submit the same to the judgment of the 
Honble. Simeon Strong Esq. — which submission was ac- 
cordingly made ; but the said Referree declined a determi- 
nation thereof: 

It is, therefore. Resolved, that Thomas Gold, the pres- 
ent administrator on said estate, may, at any time before 
the twentieth day of April next, enter an appeal from 
the decree aforesaid of said Probate Court, to the Su- 
preme Court of Probate, which appeal shall have the 
same efiect, as if claimed & entered within one month 
from the time of making said decree ; provided the appel- 
lant shall give bond, file the reasons of his appeal & no- 
tify the adverse party or his attorney, as required, by law 
in cases of appeal in the Probate Court. 

February 23, 1803. 

Chapter 122. 

RESOLVE ON THE PETITION OF SARAH APPLETON, GUARDIAN 
OF CERTAIN MINORS. 

On the petition of Sarah Appleton guardian of certain 
minors children of the late Doctor Nathaniel Walker 



428 Resolves, 1802. — January Session. 

Appleton praying for authority to sell at private sale cer- 
tain real estate in Boston & in the District of Maine 
which was devised to said minors by their late grand- 
father Nathaniel Appleton Esquire deceased. 

Resolved That, for reasons set forth in said petition, the 
prayer thereof be & is hereby granted ; and the said 
guardian is hereby authorized and impowered to make 
sale of all or any parts of the said real estate as the Judge 
of Probate for the county of Suffolk may direct, upon 
such terms and conditions and for such considerations as 
he may judge best for the Interest of the said minors and 
to make and deliver as good & sufficient deeds in Law of 
said estates as said minors could make, if of full age to 
one or more purchasers thereof, Provided however That 
said Guardian shall before the delivery of such deeds or 
any of them, give bonds to the said Judge with security 
to his acceptance, conditioned to put out on Interest on 
good security the proceeds of sale of said real estates & to 
appropriate the same from time to time to the necessary 
support of the said minors in such manner & degree as 
he [the'] said Judge shall allow & approve in the settle- 
ment of the guardian accounts of said minors respectively. 

February 25, 1803. 



Chapter 133. 

RESOLVE ON THE PETITION OF WATERMAN THOMAS AND 
OTHERS, RESPECTING THE SETTLERS OF THAT PART OF THE 
TOWNSHIP OF WALDOBOROUGH, WITHIN THE BOUNDARIES 
OF THE PATENT TO BEAUCHAMP AND LEVERETT. 

Whereas it appears that a certain class of settlers on 
that part of the Township of Waldoborough within the 
patent to Beauchamp & Leverett granted by the Council 
of Plymouth in the year 1629, and which Patent was 
defined & confirmed on the 4th of July 1785 — declined 
to avail themselves of the provision made by the Legis- 
lature in february 1797 for the purpose of quieting them 
on certain conditions. — But as the legislature have ever 
been desirous of quieting all disputes respecting settlers 
in the district of Maine, so far as they have a constitu- 
tional right so to do. Therefore 

Be it Resolved, That such of the inhabitants of the 
Town of Waldoborough within the patent of Beauchamp 
and Leverett as adjusted on the 4th of July 1785, together 



Resolves, 1802. — January Session. 429 

with the proprietor or proprietors of the Lands in the said 
Patent, cause a list of the said inhabitants of Waldo- 
borough who were seated down as settlers on lots, and im- 
proved the same, prior to the 19th of April 1775, or their 
legal successors of such Lots shall be made out and trans- 
raitted to his Excellency the Governor on or before the 
first day of June next, and if it shall appear that said 
discription of settlers amount to the number of fifty then 
His Excellency is hereby requested to cause the Commis- 
sioners appointed for the purpose of quieting the Settlers 
on the lands of the plymouth Company to repair to the 
said Town of Waldoborough and hear the aforesaid de- 
scription of settlers and to decide upon their Claims re- 
spectively. Provided however, that the said Settlers, at 
the time of transmitting the aforesaid list, authenticate 
their desire of submitting their Claims to the aforesaid 
Commissioners. February 25, 1803. 

Chapter 124. 

RESOLVE ON THE PETITION OF SAMUEL BROWN, OF ORRINGTON. 

On the Petition of Samuel Brown of Orrington stating 
that he moved into the said town with his family in the 
year 1778 ; And that his name ought to have been returned 
in the list of settlers previous to the year 1784. 

Resolved that the prayer of the said petition be granted ; 
And the said Brown on paying to John Brewer & Simeon 
Fowler Esqrs. five dollars with the Interest thereon from 
the 26th day of February 1786 to the time he shall pay 
the same, he shall be entitled to receive from the said 
Brewer & Fowler, the title to his lot of land as afore said 
in the same manner as he would have done provided he 
had originally been placed on the List of Settlers previous 
to the year 1784 : & the Treasurer of the Common- 
wealth is hereby directed to endorse on the said Brewer 
& Fowlers Obligation the sum of Forty dollars & fifty 
eight Cents & the interest of the same : being the difi^er- 
ence in the sums due from the two Classes of settlers as 
afore said : any law or Resolve to the Contrary Notwith- 
standing. February 25, 1803. 



430 Resolves, 1802. — Januaet Session^. 



Chapter 125. 

RESOLVE ON THE PETITION OF JOHN HOOKER AND BEZALEEL 

HOWARD. 

On the petition of John Hooker & Bezaleel Howard 
Stating that the said John is Guardian of Charles Pynchon 
Lyman & that the said Bezaleel is Guardian of Mary 
Lyman & Samuel Lyman which said Charles, Mary & 
Samuel are minors & the only children & heirs at law of 
Mary Lyman Widow late of Springfield in the County 
of Hampshire deceased — that the said Minors are owners 
of and possessed of the following tracts of unimproved 
Land to wit of a moiety in common & undivided with 
Jonathan Dwight Esqr. of Lots number 43, 72, 73, 74, 97, 
104 & 110, lying in the town of Hawley in the same 
County & of the whole of some other Lots in the same 
town & of two other lots lying in Shutesbury in the 
Same County & praying for liberty to sell & convey the 
same. 

Resolved for reasons set forth in said petition that the 
[the] said Guardians be & they are hereby authorized to 
sell & convey the right & intrest of the said Heirs in & to 
said Lands or any part of them at private sale — the said 
Guardians severally first giving bonds to the Judge of 
probate for the County of Hampshire for their faithfully 
performing such trust and accounting to said minors re- 
spectively for their several intrests & shares in the pro- 
ceeds of the sales of said Lands or any part of them. 

February 26, 1803. 

Chapter 126. 

RESOLVE GRANTING AN ALLOWANCE TO JONATHAN MAYNARD 
AND LOTHROP LEWIS. 

Resolved That there be allowed and paid out of the 
Treasury of this Commonwealth, to Jonathan Maynard 
and Lothrop Lewis, Esqrs. the Committee appointed by a 
Resolve of the General Court of the twenty first day of 
June last to lay out a road from Augusta Bridge on Ken- 
nebec River, to the town of Bangor on the Penobscot, and 
to present an estimate of the expence of making the same 
the sum of six hundred and ten dollars and four cents, 
which shall be in full for their services, provisions sup- 
plyed, and money advanced in executing the same. 

February 26, 1803. 



Resolves, 1802. — January Session. 431 



Chapter 137. 

RESOLVE ON THE PETITION OF JOHN L. SULLIVAN, ADMINISTRA- 
TOR DE BONIS NON OF THOMAS RUSSELL, ESQ. DECEASED. 

Upon the petition of John L. Sullivan administrator de 
bonis non of Thomas Russell deceased stating that John 
Lowell Esqr. the former administrator had been author- 
ized to convey certain real Estate but had died before the 
same was corapleated. 

Resolved that the said John L. Sullivan Administrator 
de bonis non of Thomas Russell Esquire late of Boston 
deceased be and he hereby is authorized, and empoAvered 
to convey by Deed or Deeds duly executed, all such real 
Estate within this Commonwealth as the said Russell held 
in trust for John Lane & Thomas Eraser, and all such as 
he held as Security for Debts due to him, from said Lane 
& Eraser unto any Person or Persons to whom the said 
Lane & Eraser or the survivor of them or their Assigns 
shall direct the same to be conveyed. 

February 26, 1803. 



Chapter 128. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE DIS- 
TRICT OF NEW ASHFORD. 

On the petition of the Selectmen of the district of New- 
ashford representing that the records of the meetings of 
Said District from the twenty sixth day of March in the 
Year of our Lord one Thousand Seven Hundred & ninety 
four to the present time have been irregular That the 
warrants authorising Said meetings have not been in the 
Clerks office but are mislaid & lost. 

Resolved That all the Votes & Transactions of the In- 
habitants of the District of Newashford in the County of 
Berkshire at their several meetings from the twenty sixth 
day of March aforesaid shall be considered as valid & 
effectual as if the warrants authorising said meetings & 
the officers' returns thereon were legally & regu[/]arly re- 
corded & the officers chosen at such meetings shall have 
the same powers & be liable to the same duties as if no 
omission in said records had been made any omission of 
the Clerk or law to the contrary notwithstanding. 

February 28, 1803. 



432 Resolves, 1802. — January Session. 



Chapter 139. 

RESOLVE ON THE PETITION OF THE COMMANDING OFFICER 
OF THE INDEPENDENT CADETS IN BOSTON, REQUESTING 
THE GOVERNOR TO APPOINT A SURGEON TO SAID COMPANY. 

On the petition of Arnold Welles Lieut. Colonel Com- 
mandant of the Independent Cadets in Boston. 

Resolved for the reasons set forth in the said Petition 
that his Excellency the Governor be authorised, to com- 
mission a Surgeon for the said Independent Cadets, under 
the same regulations as other Surgeons in the Militia of 
this Commonwealth. February 2S, 1803. 

Chapter 130.* 

ORDER TO THE SECRETARY TO TRANSMIT AN ORDER TO THE 
COMMITTEE FOR THE SALE OF LANDS IN THE COUNTIES 
OF HAMPSHIRE AND BERKSHIRE, TO REPORT AN ACCOUNT 
OF THEIR PROCEEDINGS AT THE NEXT MEETING OF THE 
GENERAL COURT. 

Ordered that the committee for the Sale of lands in the 
Counties of Hampshire & Berkshire belonging to this 
Commonwealth, be and they hereby are ordered & di- 
rected to report an account of their proceedings had on 
the subject of said lands committed to them pursuant to 
their appointment at the first sessions of the next General 
Court — And that the Secretary of this Commonwealth 
transmit this Order to the Committees aforesaid as soon 
as may be. February 28, 1803. 

Chapter 131. 

RESOLVE ON THE PETITION OF JOHN TRACY, OF NEWBURY- 

PORT. 

On the Petition of John Tracy of Newburyport in the 
County of Essex Esquire, setting forth that his Children 
are seized of certain real estate in said Newburyport and 
in Newbury in said County, and for reasons set forth in 
said Petition praying that the same may be sold for the 
benefit of the said Children. 

Resolved, That the Reverend Samuel Parker of Boston 
in the County of Suffolk and William Faris of Newbury- 
port aforesaid Merchant, be and they are hereby author- 
ized to make sale of, and by good Deed or Deeds duly 

* Taken from court records. 



Resolves, 1802. — January Session. 433 

acknowledged and recorded convey the said real estate or 
any part thereof to any person or persons, as they shall 
think for the best interest of the said Children ; and to 
put out the Proceeds of such sales at Interest on good 
security or in the Public Funds of this Commonwealth, 
or otherwise as may be most for the benefit of the said 
Children. Provided, that they the said Samuel Parker 
and William Paris first give Bond to the Judge of Probate 
for the said County of Essex for the time being and his 
Successors in said OflSce, in a sum and with Sureties to the 
satisfaction of the said Judge, with condition to pay over 
and deliver from time to time, all the Interest and profits 
of the monies or securities they may become possessed 
of by virtue of this Kesolve to the said John Tracy and 
his Wife Margaret and the Survivor of them as long as 
they or either of them shall live, to be used and accounted 
for by the said John and Margaret and the Survivor of 
them at such times, in such manner, and on such condi- 
tions as they are now by law obliged to account for the 
issues and profits of the real estate hereby ordered to be 
sold, and with further condition that they the said Sam- 
uel Parker, and William Paris or their respective Execu- 
tors or Administrators shall within six Months after the 
Death of the longest liver of the said John and Margaret, 
deliver over to the said Children or their Guardians or 
other legal Representatives, all such Principal sum and 
sums of money. Bonds, Mortgages and Securities what- 
ever, as they shall be possessed of by virtue of this Re- 
solve and which shall be the property of the said Children. 

March i, 1803. 



Chapter 133. 

RESOLVE ON THE PETITION OF ISRAEL MORGAN, GRANTING 
200 DOLLARS FOR A WOUND HE MET WITH IN THE MILI- 
TIA SERVICE. 

On the Petition of Israel Morgan of Beverly praying 
to be compensated for the loss of his foot while in the 
Militia service. 

Resolved for reasons set forth in said petition that 
there be paid out of the Treasury of this Commonwealth 
to Israel Morgan the sum of Two hundred — dollars in 
full of all claims on the Commonwealth for the injury 
aforesaid. March 5, 1803. 



434 Resolves, 1802. — January Session. 



Chapter 133. 

RESOLVE GRANTING 105 DOLLARS 94 CENTS TO PARK HOLLAND, 

ESQ. 

Whereas Park Holland Esqr. One of the Agents Ap- 
pointed to superintend the preservation of Masts, Tim- 
ber, Trees &c. on the public lands in the Destrict Maine 
has laid his Account before this Court Agreeably to a 
Eesolve passed March 7th 1801 : 

Resolved that the said Account be & hereby is allowed, 
and that the sum of One hundred & five dollars & Ninety 
four cents, be paid out of the Treasury of this Common- 
wealth to the said Park Holland, and His Excellency the 
Governor with advice of Council is requested to Issue his 
Warrant accordingly. March 2, 1803. 

Chapter 134. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWN OF MINOT, CORRECTING AN ERROR IN THE LAST VAL- 
UATION AND ADDING THE SUM OF 8 DOLLARS TO THE STATE 
TAX SET TO THE TOWN OF MINOT AND DIRECTING THE 
TREASURER IN THE CASE. 

Whereas it appears by the Petition of the selectmen 
of Minot that Jno. Gardner, Daniel Buckman, Edward 
Hawk, Eobert Hilburn, Jno. Bridgham, Jno. Bridgham 
Jr. Joseph Bridgham, Willard Bridgham, Calvin Buck- 
man & James Murdock Inhabitants of said Minot with 
their polls &, estates were eroneously returned by the as- 
sessors of Hebron in the last Valuation & they and their 
Estates are a part of said Town of Minot & ought there 
to be Taxed & therefore they pray that the persons afore- 
said with their Estates may be transfered from the Valua- 
tion of Hebron and anexed to the town of Minot where 
they belong : 

Therefore Resolved that the prayer of said petition be 
Granted & that the sum of six cents be & hereby is de- 
ducted from the sum now charged to said Town of Hebron 
and that the same be added to the Valuation of the Town 
of Minot, & the Treasurer is Directed to deduct eight 
dollars from the State Tax set to the town of Hebron, in 
the County of Cumberland in the tax act passed the pres- 
ent session of the General Court, for the year 1803, and 
add the same sum of eight dollars to the State tax set to 
the town of Minot, in said County. March 2, 1803. 



Resolves, 1802. — January Session. 435 



Chapter 135. 

RESOLVE FOR APPOINTMENT OF AN AGENT TO RE-EXAMINE 
THE CLAIMS OF SETTLERS IN TOWNSHIP NO. 2. 

Whereas Ephraim Ballard, was appointed by the Com- 
mittee of Sales of Eastern land in conformity to a Resolve 
of the General Court of the 4th of March 1800 to Survey 
& lay out the Lots of land, to the Settlers in the town- 
ship No. two in the first range north of the Waldo Pat- 
ent, & was directed to give seasonable notice to the Hon. 
General Knox of the time & place of attending the said 
service but unfortunately the information was not duly 
Received by the said Knox ; & the survey was made 
exparie; and.it being suggested that some irregularities 
took place in the course of the said business : 

Therefore Resolved, That his Excellency the Governour 
with the advice of Council be & they hereby are author- 
ized & requested to appoint some suitable person to repair 
to the said Township, & make a reexamination of the 
claims of the respective Settlers within the same ; And 
the person so appointed as aforesaid shall be duly sworn 
to the faithfuU & impartial discharge of his duty : & all 
evidence touching the validity of the said claims shall be 
by persons under oath or depositions duly sworn to : & 
the said Knox or his Agent or Attorney shall be duly no- 
tifyed of the time & place of attending the said service. 
And the person so appointed after due examination as 
aforesaid, shall enter the names of such persons as he 
shall find to be properly entitled to their Respective Lots 
of land, on the plan & survey of the sd. Ballard ; & shall 
return the same to the Honble. John Read & Peleg Coffin 
Esqrs. Agents for the Commonwealth — And the said per- 
son appointed as afore said, shall give a certificate to each 
settler as aforesaid under his hand, containing the number 
& discription of his Lot ; which Certificate shall be con- 
sidered as evidence of the said settlers title ; & the said 
settlers so certified shall within two years, pay to the 
Agents of this Commonwealth the sums respectively at 
which their several Lots were appraised by the said Bal- 
lard, with Interest from the date of sd. survey and shall 
be entitled to Receive of the said John Read & Peleg 
Coffin Esqrs. good & sufficient deeds of their respective 
Lots as aforesaid : The expence of the person making 



436 Resolves, 1802. — January Session. 

the said reexamination & other incidental expences to be 
borne equally by & between the said Knox & the said 
settlers. March 5, 1803. 

Chapter 136. 

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS 
FOR THE COUNTY OF SUFFOLK AND GRANTING A TAX. 

Whereas the Treasurer of the County of Suffolk, has 
laid his accounts before the General Court for examina- 
tion, which accounts are hereby allowed : And Whereas 
the Clerk of the Court of General Sessions of the Peace 
for the said County, has exhibited an estimate made by 
the said Court of the debts owed by, & of the necessary 
charges, which may arise, within the said County for the 
current year, viz. Nine Thousand Dollars : To provide 
for the payment of the Debts due from the said County, 
and the Interest accumulated thereon Seven Thousand 
Dollars; — To purchase land for a new Court House, 
(pursuant to a Law passed the present Session) Five 
Thousand Dollars ; amounting in the whole to Twenty 
one Thousand Dollars : 

Resolved that the said sum of Twenty one thousand 
Dollars, be and hereby is granted as a Tax for the said 
County of Suffolk for the ensuing year, to be apportioned 
and assessed, collected, paid and applied for the purposes 
aforesaid, according to Law. March 3, 1803. 

Chapter 137. 

RESOLVE GRANTING EXTRA PAY TO THE COMMITTEE ON 

ACCOUNTS. 

Resolved that there be allowed & paid out of the public 
Treasury of this Commonwealth to the Committee, ap- 
pointed to examine & pass on Accounts for their attend- 
ance on that service the present session the sums severally 
annexed to their names in addition to their pay as Mem- 
bers of the Legislature : Honble. Isaac Tomson forty 
four days attendance twenty six dollars & forty cents : 
Hon. Thomas Hale forty four days attendance twenty six 
Dollars and forty cents : John Long Esq. forty days at- 
tendance twenty four dollars : Samuel Porter Esq. thirty 
seven days' attendance twenty two dollars & twenty 
cents : & Joseph Emerson Esq. fifteen days nine dollars : 
which sums shall be in full for their services aforesaid. 

March 4, 1803. 



Kesolves, 1802. — January Session. 437 



Chapter 138. 

RESOLVE ON PETITION OF SUSANNAH WRIGHT ADMINISTRA- 
TRIX ON THE ESTATE OF THE REV. PHINEHAS WRIGHT, 
LATE OF BOSTON, DECEASED. 

On the petition of Susannah Wright widow, and ad- 
ministratrix of the estate of the Revd. Phinehas Wright 
late of Bolton in the county of Worcester deceased, stat- 
ing, that the said Phinehas Wright in his life-time con- 
tracted to sell to Asa Rice, a part of the Willard farm (so 
called) situated partly in Townshend & partly in Ashby 
in the county of Middlesex, being lots Number one, three, 
& four, containing one hundred & fifty acres in the 
whole ; and had received a part of the purchase money 
therefor ; and that the said Phinehas had also contracted 
to convey to Silas Holman esqr. his right and interest in 
& unto about eight acres of land in Berlin in said county 
of Worcester lying in common with Nathaniel Longley 
junr. and the said Holman, on condition that they should 
convey to the said Phinehas one acre thereof, which ad- 
joined his other land, & lay between that & land belong- 
ing to William Hastings ; that conveyances of the said 
lands have not been made ; and praying that she may be 
empowered to convey said lands agreeable to the con- 
tracts aforesaid. 

Resolved, that the said Susannah Wright in her said 
capacity, be, and she is hereby empowered to make & 
execute a good & suflScient deed conveying the right 
which the said Phinehas had in the said three lots of land 
to the said Asa Rice his heirs & assigns ; he paying the 
remainder of the purchase money agreed to be paid for 
the same, together with the interest thereof — The said 
Susannah first giving bonds to the Judge of Probate for 
the county of Worcester with sufficient sureties, to his 
acceptance ; conditioned to account for, pay & distribute 
the remainder of the said purchase money to & among 
the heirs at law of the said Phinehas Wright according to 
their respective rights in the same lands ; subject however 
to the payment of the said intestate's debts, in case of a 
deficiency of personal estate. 

And he it farther Resolved^ that the said Susannah 
Wright in her said capacity, be, and she is hereby em- 
powered, upon the execution of a good & sufficient con- 



438 Resolves, 1802. — January Session. 

veyance by the said Longley & Holman to the said 
Susannah Wright to and for the use of the heirs at law of 
the said Phinehas and their heirs, of the one acre of land 
aforesaid, to ruake & execute a good & sufficient convey- 
ance to the said Silas Holman & his heirs, of the right & 
estate which the said intestate had to the residue of the 
said eight acres. March 4, 1803. 

Chapter 139. 

RESOLVE ON THE PETITION OF JABEZ SIMPSON AND OTHERS, 
AUTHORIZING DAVID COBB, ESQ. TO REPAIR TO THE TOWN 
OF SULLIVAN AND MAKE A REPORT THEREON. 

Whereas it appears to this Court, that the Settlers, In- 
habitants of the Town of Sullivan hold their lands by an 
uncertain Tenure, by which means they are subject to 
many Disputes & Inconveniences — therefore to remedy 
the Evils complained of, & to quiet the Settlers in the 
possession of their lands, in a just & equitable manner : 

Be it Resolved that David Cobb Esq. be, & he hereby 
is authorised and empowered, to repair to the sd. Town 
of Sullivan, & cause a Survey of sd. Town to be made, 
. at the Expence of the petitioners &, to report to the next 
General Court, the number of Settlers, who are original 
proprietors, or their Heirs & assigns — those who are not 
original proprietors, & settled previous to the first of Jan- 
uary 1784 — And also those who have settled thereon, 
since that period to the present time — the Quantity of 
la