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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

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.°

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

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

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-

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.

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

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

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

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

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

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

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,

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.

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-

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

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

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

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 &

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

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

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

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-

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.

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

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

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

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.

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-

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

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.

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.

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

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

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-

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

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.

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

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

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

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

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.

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

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.

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.

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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.

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.

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

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,

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.

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

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 0

Resolves, 1802. — May Session. 383

To Doctor Samuel Adams for doctoring Joseph Penrise to

his death 26 0

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 0

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 0

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 0

To the town of Freetown, for boarding John Conolly to may

22, 1802 37 0

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 0

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 0

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 0
To the town of Milton for boarding Thomas Webster to

June 1, 1802 52 0

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 0
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 0

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 0

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 0

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 0

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 0

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 0

To Noah Ford, for money expended for horses to haul artil-
lery to June 1, 1802 4 0

Resolves, 1802. — May Session. 387

Dolls. Cts.

To John Guilbert, for money expended for horses to haul
artillery, to June 1, 1802 10 0

To Nathan Harrington, for money expended for horses to

haul artillery to June 3, 1802 7 0

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 0
62 0

101

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
land which, in his Opinion, shall be confirmed to the sev-
eral Settlers respectively — excepting the settlers of that
part of the sd. Town which was granted to Monsr. De
Gregore & Wife — And also the residuum of land (after
appropriating four lots of three hundred Acres each for
public uses, agreably to the original Grant) which shall
remain for the future order & disposal of the Legislature.

March 4, 1803.

Chapter 140.

RESOLVE FOR THE APPOINTMENT OF AN AGENT TO SUPER-
INTEND THE PUBLIC LANDS IN THE DISTRICT OF MAINE.

Whereas the provisions, which have been made to pre-
vent trespasses & intrusions on the public lands in the
district of Maine, have not answered the ends intended
and some other provision appears to be necessary :

Resolves, 1802. — January Session. 439

therefore Resolved that the Governor be & he hereby
is authorised & impowered to nominate & appoint by &
with the advice & consent of Council, some person to
act as Agent for and in behalf of this Commonwealth,
whose duty it shall be to inspect & taiie care of the
Public lands in the District of Maine, to ascertain their
bounds & situation where it shall be necessary, to super-
intend the preservation of all masts, timber & other trees
thereon, to inquire into all trespasses & intrusions on the
said lands, and to give information thereof to the Solic-
itor General, who is hereby authorized & directed to in-
stitute in behalf of the Commonwealth legal processes
against all offenders & maintain & pursue the same to
final Judgment, so far as he shall judge it for the interest
of the Commonwealth ; and the said agent shall make to
the Solicitor General a statement of the Evidence which
probably may be obtained against any Oflender &, if di-
rected by the Solicitor General, shall cause the same to
be had before the Court at the time & place of trial, and
said Agent is hereby authorized & empowered to seize
all masts or other timber which shall have been unlaw-
fully cut or taken from oif the said lands and to sell the
same for the benefit of the Commonwealth, and he may
appoint such Deputies under him as he shall judge nec-
essary efiectually to accomplish the purposes intended by
this resolve, who w^hen so appointed shall have full power
& a[i<]thority to do & perform all & every act which the
said Agent himself is empowered to do ; and the said Agent
shall be responsible for the doings of his Deputies under
such appointments.

And it is further Resolved that the Governor by & with
the advice & consent of Council is hereby impowered to
remove such Agent from his Agency & reappoint any other
person in the place when ever he shall Judge it for the
publick benefit.

And. it is further Resolved that said Agent shall be in-
titled to a reasonable reward for his services and for that
purpose shall from time to time lay his accounts before
the General Court for allowance & payment — And he
hereby is required to render a Statement of all his pro-
ceedings before the General Court annually and before
the Governor & Council at such other times as by them
required.

And be it further Resolved that so much of a Resolve

440 Resolves, 1802. — January Session.

of the 22d of June 1799 as respects the appointment of
Francis Le Barron Goodwin as Agent of this Common-
wealth and the Resolve of the 7th of March 1801 ap-
pointing Park Holland Esqr. in addition to said Francis
Le Barron Goodwin, be & hereby are repealed.

March 4, 1803.

Chapter 141,

RESOLVE MAKING COMPENSATION TO COMMISSIONERS FOR
PURCHASING THE PUBLIC DEBT, AND DIRECTING THE
TREASURER TO DISCHARGE THEM OF CERTAIN SUMS.

Whereas the Commissioners for the purchase of the Debt
of this Commonwealth, have requested that the Treasurer
may be directed to make an allowance in the adjustment
of their Accounts adequate to the services rendered and
expenses incurred in the discharge of the duties of their
Commission — and it appearing that the said duties have
been performed with ability and integrity, and have oper-
ated greatly to the Advantage of the Commonwealth :

Resolved, that the Treasurer be, and he hereby is, au-
thorized and directed to credit said Commissioners two
thirds of one per cent, on the amount in Specie by them
applied in the discharge of the duties of said Commission ;
and the same shall be retained by the individuals who
have acted as Commissioners, in proportion to the sums
which they have severally applied, as aforesaid and on the
payment of the balance, that may be due the Common-
wealth upon the adjustment of their Accounts as afore-
said — the Treasurer is hereby directed and empowered
to give a discharge in full for all monies received for the
purposes of said Commission — and the settlement so
made shall be in full of all demands on the Common-
wealth for services and expenditures in said business.

March 4, 1803.

Chapter 143.

RESOLVE FOR ESTABLISHING A COMPANY OF LIGHT INFAN-
TRY IN ABINGTON.

On the Petition of Nathaniel Goodwin, praying for
leave to raise a Company of Light Infantry, in the Town
of Abington, in the County of Plymouth.

Resolved, That his Excellency, the Governor with ad-
vice of Council, be authorized to raise a Company of

Resolves, 1802. — January Session. 441

Light Infantry, in the Town of Abington in the County
of Plymouth within the first Brigade & 5 Division of the
Militia of this Commonwealth, to be attached to the third
Regement, in the first Brigade and fifth Division afore-
said, and Subject to such rules & regulations as are, or
may be provided by Law, for the goverment of the Militia
of this Commonwealth. March 4, 1803.

Chapter 143.

RESOLVE ON THE PETITION OF JAMES ROBINSON, ADMINIS-
TRATOR DE BONIS NON ON THE ESTATE OF TIMOTHY GAY.

Upon the Petition of James Robinson, Administrator
de bonis non on the estate of Timothy Gay late of Boston
in the County of Suffolk, merchant, deceased.

Resolved, for reasons set forth in said Petition, that the
Judge of Probate within & for said County of Suffolk,
be, and he hereby is, authorised to grant a supplemental
Commission of Insolvency on the estate of Joseph Cy-
priano, late of Boston in said County of Suffolk, but
formerly of the Island of Madeira, merchant, deceased,
by virtue of which Commission the Commissioners on
said estate shall have full power to receive, examine and
allow all claims of the creditors of said estate, which
claims, when so allowed & duly reported, shall be consid-
ered by the Judge of Probate, in his decree of distribu-
tion of said estate to and among the creditors thereof, in
the same manner as if said claims had been exhibited
within the time limited by law for that purpose.

Provided that the Commissioners shall, make known
the times & places of their meeting to attend the credit-
ors for receiving and examining their claims, by causing
an advertisement thereof to be published three weeks suc-
cessively in the New England Palladium & the Independ-
ent Chronicle, the first publication to be within one
month after the date of said Commission, and shall make
their Report to the Judge of Probate, within three
months after the date of their said Commission.

March 4, 1803.

Chapter 144.

RESOLVE GRANTING ADDITIONAL PAY TO STEPHEN VOSE.

Resolved that there be allowed & paid out of the Pub-
lic Treasury to Stephen Vose — a State Pensioner, the

442 Resolves, 1802. — January Session.

sum of Four pounds annually, in addition to the sum of
Eight Pounds, heretofore allowed him, making in the
whole, the sum of forty dollars by the year.

March 4, 1803.

Chapter 145.

RESOLVE RESPECTING THE MILITARY AND ORDNANCE STORES
DELIVERED THE UNITED STATES.

Whereas it appears that an Act passed the 25th June
1798 providing for the Cession of Castle Island in the
Harbour of Boston, to the United States reserving the
Ordnance and all the Warlike Stores then on said Island
the property of this Commonwealth — And whereas it
further appears that an Appraisement as ^ Schedule
dated October 2d — 1798 was made of certain Stores
as aforesaid by persons agreed upon & Authorised by
the heads of the respective Gover[n]ment8 ; the receipt
whereof was Acknowledged by the Commanding Officer
of said Castle, and that the same were Appraised by his
Consent, as by his Certificate to said Schedule annexed,
amounting to $41,326 :37 cents :

And whereas it further appears that certain Cannon and
Balls were loaned to the United States for the use of their
Frigate Constitution, at the request of the Secretary at
War, with a promise to return them, or others equally
good, and that afterwards the Quarter Master General
of this Commonwealth by direction of the Governor
demanded the above Articles of the Navy Agent who
said he could not return them but would retain them at
the Appraised Value, which by the Schedule aforesaid,
amounted to the further sum of $5,681:41 cents which
sums aforesaid Amounting in the whole to $47,007:78
and deducting therefrom 5,328$ for Cannon having no
Trunions leave a Ballance of $41,679:78 cents: which
Ballance your Committee are of Opinion the United
States are holden to pay to this Commonwealth with the
Interest which has Accrued thereon :

And whereas by a Resolve passed the 23d day of June,
1802, His Excellency the Governor with advice of Coun-
cil was Authorised and requested to take such measures
as should effect an Ultimate Settlement for the Stores
aforesaid, and he having laid before the Legislature his
Correspondence on this subject it is found that that object

Resolves, 1802. — January Session. 443

so desirable, & highly interesting to this Commonwealth
has not been Accomplished — Therefore in case the prop-
ositions made by His Excellency the Governor and Coun-
cil shall not be Acceded to by the United States, in order
that the just, speedy, & Amicable Settlement may be had
in the premises :

Resolved that His Excellency the Governor with the
advice & consent of the Council be and he hereby is re-
quested to propose to the United States that the demand
of this Commonwealth against the United States for the
Ordnance & Warlike Stores aforesaid be referred to the
Judges of the Circuit Court of said United States within
& for the District of Massachusetts, their report thereon
to be made as soon as may be to the respective Gover[7i]-
ments, to be final.

And he it further Resolved that the Attorney General
be and hereby is appointed to appear before the refferees
which may be appointed as aforesaid to substantiate the
claim and demand of this Commonwealth against the
United States as aforesaid.

Be it further Resolved, that if the Government of the
United States shall refuse or decline acceding to the said
proposal of reference to the said Judges of the Circuit
Court His Excellency the Governor is hereby authorised
and requested by and with the advice and consent of
Council to accede on the part of this Commonwealth to
any reasonable proposal which the Government of the
United States may offer as a substitute, and to make and
conclude a final settlement of the Commonwealth's said
claim upon terms as advantageous as in their judgment
can be obtained. March 5, 1803.

Chapter 146.

RESOLVE ON THE PETITION OF TIMOTHY DANIELS AND

OTHERS.

On the Petition of Timothy Daniels & others praying
that they may receive their Just demands out of the Es-
tate of Hannah Thomas one of the Natick Indians.

Resolved for reasons set forth in said Petition, that the
Prayer thereof be granted and that the Guardian of said
Natick Indians be and he hereby is Authorized and em-
powerd, to take possession of the Real Estate referred to
in said Petition and to let out the same by lease from Year

444 Resolves, 1802. — January Session.

to Year, and to apply the Eents and Profits arising there-
from to the payment of such debts and demands against
the said Hannah as to him shall appear Just and equita-
ble, untill the whole of such demands shall be discharged.
After which the said Guardian shall be accountable for
the expenditure of the monies arising from such rents in
the same way and manner as he is chargeable for other
monies as Guardian for the said Natick Indians.

March 7, 1803.

Chapter 147.

RESOLVE ON THE PETITION OF HEPHZIBAH FITCH, OF MED-

FORD.

Upon the Petition of Hephzibah Fitch of Medford in
the County of Middlesex widow. Administratrix of the
Goods & Estate of John Browne Fitch late of said Med-
ford deceased.

Resolved, That, for reasons set forth in said Petition,
the said Hephzibah in her capacity aforesaid be, and She
hereby is, authorized and empowered to convey to Henry
Silsby and Jacob Collins junr. both of Lynn in the
County of Essex all the share & part of and interest &
Estate in the Tract of Land in said Lynn called Seldom
good Pasture which said John Browne Fitch owned &
held at his decease, upon their paying her therefor sixty
five Dollars & thirteen Cents, and to make & execute a
good & valid deed thereof. She first giving Bond with
sufficient Sureties to the Judge of Probate for the County
of Middlesex to account for the monies arising from ye
sale thereof accordg. to Law. March 7, 1803.

Chapter 148.

RESOLVE ON THE PETITION OF DANIEL AND JOSIAH GEGGER.

On the Petition of Daniel and Josiah Gegger sons and
Heirs, of Bulah Speer one of the Natick Indians, De-
ceased— praying for leave to sell and convey their land
for the purposes mentioned in their Petition.

Resolved that the prayer of their Petition be granted
and that the Guardian of the Natick Indians be, and he
hereby is Authorized to sell and convey, at Vendue or
private sale, (as he shall think best) the land referred to
in said Petition, and to make & execute a good deed

Kesolves, 1802. — Januaey Session. 445

or deeds to the purchaser or purchasers thereof, said
Guardian to be accountable for the expenditure of the
monies arising from the Sale thereof in the same way and
manner as he is chargeable for other monies as Guardian
for the said Natick Indians. March 7, 1803.

Chapter 149.

RESOLVE FOR ESTABLISHING A COMPANY OF ARTILLERY
IN THE 2ND REGIMENT, 1ST BRIGADE, lOTH DIVISION OF
MILITIA.

On the petition of Jona. Wilson praying for leave to
establish A company of Artillery in the Second regiment
of the first Brigade in the tenth Division of the Militia of
this Commonwealth.

Resolved that his Excellency the Governor, with Advice
of Council, be, and he is hereby Authoris'd to establish a
company of Artillery in the Second regt. of the first
Brigade in the tenth Division of the Militia of this Com-
mon wealth, which company shall be annexed to the bat-
talion of Artillery in the Said first Brigade — Subject
however to all such rules regulations and Restrictions as
are or may be provided by law, for regulateing and Gov-
erning the Militia of this Commonwealth.

March 7, 1803.

Chapter 150.

RESOLVE FOR PAY OF CHAPLAINS AND CLERKS OF THE
LEGISLATURE.

Resolved that there be allowed & paid out of the Pub-
lic Treasury, to the heirs of the Revd. Peter Thacher late
Chaplain to the Senate Twenty Dollars to the Revd. Wil-
liam Emerson Chaplain to the Senate Forty Dollars to the
Revd. John Thornton Kirkland Chaplain to the House
of Representatives, Sixty Dollars to Mr. George Elliot
Vaughan Clerk of the Senate Three hundred & fifty Dol-
lars to Henry Warren Esq. Clerk of the House of Rep-
resentatives, Three hundred & fifty Dollars in full for
their services, aforesaid respectively, the present year.
And his Excellency the Governor is requested to issue his
warrants on the Treasurer, for the payment of the said
several sums accordingly. March 7, 1803.

446 Resolves, 1802. — January Session.

Chapter 151.

RESOLVE DIRECTING THE SECRETARY AND TREASURER RE-
SPECTING SOLDIERS IN THE LATE CONTINENTAL ARMY.

Whereas it appears that conditional discharges, were
given to certain Soldiers, enlisted for the War, which dis-
charges were to operate only as Furloughs, until the proc-
lamation of the ratification of the definitive Treaty of
Peace, which did not take place, until the 14 January
1784:

Therefore Be it Resolved^ that the period between the
date of such conditional discharges, and the said 14 Jany.
1784 be considered as a portion of the three years service
required by the Resolves of the 5th March & the 19th of
June 1801, granting Lands to Soldiers of the said de-
scription, and that the Secretary and Treasurer of the
Commonwealth, govern themselves accordingly.

March 7, 1803.

Chapter 153.

RESOLVE ON THE PETITION OF JOSEPH BLANEY.

On the Petition of Joseph Blaney, of Boston in the
County of Sufiblk.

Resolved, for reasons set forth in said Petition, that the
Commissioners of Insolvency on the estate of Mungo
Mackey Junr. late of said Boston, merchant, deceased, be,
and they hereby are authorised, at any time within three
months after the passing of this Resolve, to review the
claim of the said Blaney heretofore exhibited against said
estate, and amend their decision on the same, in the same
manner as they might do, had the time limited by law for
their receiving claims against said estate not expired ; and
if upon such review the said Commissioners shall allow
to said Blaney any sum in addition to their former allow-
ance, the Judge of Probate within & for said County shall
decree to the said Blaney, on such additional allowance,
a sum in proportion to the dividend decreed in favour of
creditors on claims heretofore allowed, -provided there be
a residuum of said estate not yet distributed sufiicient for
that purpose. March 7, 1803.

Eesolves, 1802. — January Session. 447

Chapter 153 a.

RESOLVE GRANTING 156 DOLLARS TO EDWARD P. HAYMAN.

Resolved, that there be allowed and paid out of the
Treasury of this Commonwealth, to Edward P. Hayman,
the sum of One hundred & fifty six dollars, in full for his
services as Assistant Clerk of the Senate the present ses-
sion of the General Court. March 8, 1803.

Chapter 153.

RESOLVE GRANTING 156 DOLLARS TO THOMAS WALCUT.

Resolved that there be allowed & paid out of the Pub-
lic Treasury One hundred & fifty six Dollars to Thomas
Wallcut, in full for his services as Assistant Clerk to the
House of Representatives, the present Session, including
four days writing done previous to the Session.

March <§, 1803.

Chapter 154.

RESOLVE MAKING ADDITIONAL GRANTS TO THE JUSTICES OF
THE SUPREME JUDICIAL COURT.

Whereas the Salaries established by Law for the Jus-
tices of the Supreme Judicial Court, are insufficient for
their Honorable support at the present time :

Resolved, That for the Current Year Commencing on
the first day of January last there shall be allowed to each
of the Justices of the Supreme Judicial Court at the rate
of Six hundred Dollars in addition to his present salary
as by Law established and payable therewith.

March 8, 1803.

Chapter 155.

RESOLVE DIRECTING THE TREASURER NOT TO RECEIVE CER-
TAIN BANK BILLS FOR TAXES, ETC.

Resolved, that the Treasurer of this Common wealth,
be and he hereby is directed, from and after the first day
of June next, not to receive Bank Bills or Notes issued
by any Bank without this Common-wealth, (except the
Bank of the United States) in discharge of State Taxes,
or other debts, which are, or may become due at the
Treasury Office ; — and that the Secretary cause this Re-

448 Resolves, 1802. — January Session.

solve to be published, as soon as conveniently may be, in
all the news papers within this Common wealth wherein
the Acts of Government are published. March 8, 1803.

Chapter 156.

RESOLVE ON THE PETITION OF LEONARD JARVIS, DIRECTING
THE TREASURER IN THIS CASE.

Upon the petition of Leonard Jarvis praying that the
Treasurer of this Commonwealth may be directed to give
up to said Jarvis the bond of Oliver Phelps which had
been lodged and assigned by said Jarvis as security for
the said Jarvis's debt to this Commonwealth — For the
reasons set forth in said petition.

Resolved, that the Treasurer of this Commonwealth —
be and he hereby is authorized and directed to deliver to
the said Jarvis, the bond of Oliver Phelps given to said
Jarvis and by him assigned to this Commonwealth — Pro-
vided the Treasurer and the Attorney General shall be of
opinion that the delivery of said bond will not be inju-
rious to this Commonwealth. March 8, 1803.

Chapter 157.

RESOLVE ON THE PETITION OF HENRY JACKSON, AUTHORIZ-
ING THE ATTORNEY GENERAL IN THIS CASE.

Resolved that the Attorney General be, and he hereby
is Authorised in behalf of this Commonwealth to release
or Cancel the Contract made on the Eighteenth day of
April One thousand seven hundred & Ninety two between
Samuel Phillips, Leonard Jarvis & John Kead, a major
part of the Committee for the sale of unappropriated
Lands in the eastern parts of this Commonwealth in be-
half of the Commonwealth, of the first part, and Henry
Jackson & Royal Flint, of the second part, for the Sale
of a tract of Land therein described, on terms therein
expressed, provided the said Jackson & Flint, in person
or by their Attorney or Attorneys thereto Lawfully
Authorised, or their Executors or Administrators shall
within One hundred and Twenty days from the date of
this Resolve, on their part, mutually release or cancel the
said Contract, and release to this Commonwealth all claim
and demand on Account of any money paid on said
Contract.

Resolves, 1802. — January Session. 449

And it is further Resolved, that the said Attorney
General, be & he hereby is directed to discharge the said
Jackson <fe Flint from a suit instituted by him in behalf of
this Commonwealth (now pending in the Supreme Judi-
cial Court within & for the County of Suffolk, On a cer-
tain Bond given by the said Jackson & Flint) pursuant
to a Resolve passed 19th June 1801, — the Resolve tirst
aforesaid being carried into full effect. March 8, 1808.

Chapter 158.

ROLL, NO. 48.

The Committee on Accounts, having examined the sev-
eral accounts they now present :

Report, That there are due to the corporations and per-
sons hereafter mentioned, the sums set to their names
respectively, which, when paid & allowed, will be in full
discharge of the said accounts, to the several dates therein
mentioned. Which is respectfully submitted.

ISAAC THOMSON Per Order.

Pauper Accounts.

Uolls. Cts.

To the town of Alford, for boarding, cloathing, doctoring

and nursing William Maxfleld, including funeral charges 52 22

To the town of Abington, for boarding & cloathing Mar-
garet Benner, to Jany. 1st, 1803 42 75

To the town of Adams, for boarding & cloathing Catharine,

an Indian woman, to Jany. 25, 1803 79 33

To the town of Andover, for boarding, cloathing, nursing

& doctoring Partrick Kallehan to January 25th, 1803 . 80 78

To the town of Brookfield, for boarding & cloathing Cato
Kinn, Luke Phinney and Samuel Simpson, including Doc-
tor's bills, to Jany. 1st, 1803 90 0

To the town of Barrye, for boarding & cloathing John
Christian Dandrich, & also, Pierre Powars, the said John
to Jany. 1st, & the sd. Powars to february 3d, 1803 . . 49 98

To Doctor J. Bartlett, for doctoring sundry Pauf)ers in the
town of Charlestown, to deer. 31st, 1802 .... 3565

To the town of Belchertown, for boarding and cloathing

Betty Demmon, including funeral charges . . . 50 35

To the town of Boxford, for boarding & cloathing Catha-
rine Welch & Mehitabel Hall, to January 2d, 1803, in-
cluding Doctor's bill .... ... 129 13

To the town of Brimfield, for boarding John Wakely, to

Jany. 4th, 1803 . . . 47 59

To the town of Boston, for boarding, cloathing, doctoring
& nursing sundi'y paupers, including funeral charges, to
deer. 1st 1802 3,355 89

450 Resolves, 1802. — January Session.

Dolls. Cts.

To the town of Boxboro, for boarding & cloathing John

Kennedy to Jany. 5th 1803 41 23

To the town of Berwick, for boarding & cloathing Ambrose

Vickery, to feby. 1st, 1803 36 97

To the town of Blanford, for boarding & cloathing James

Carter, to Jany. 30th, 1803 9141

To the Board of health of the town of Boston, for board-
ing, doctoring & nursing sundry paupers on Rainsford's
island, including funeral charges, to feby. 1st, 1803 . . 553 8

To the town of Beverly, for boarding & cloathing Morris
Nash & Matthias Claxton, & supplies for James Wallace,
to feby. 1st, 1803 138 75

To the town of Brigewater, for boarding, cloathing & doc-
toring Henry Ash to sepr. 3d, 1802 48 92

To the town of Billeriea, for supplies to Michael Taylor to

Jany. 1st, 1803 40 0

To the town of Conway, for boarding, cloathing, & nursing
John Allen, including funei'al charges, & house rent, to
Jany. 16th 1803, & Doctor's bills 144 26

To the town of Cambridge, for boarding and cloathing

Peggy Condon, to Jany. 19th 1803 52 1

To the town of Charleton, for boarding and cloathing

Thomas Adams, including Doctor's bill, to Jany. 1st 1803 59 59

To the town of Charlemont, for boarding, cloathing, doc-
toring & nursing Dennis Kennedy & Abraham Bass, to
Jany. 1st 1803, including funeral charges . . . . 96 6

To the town of Cape-Elizabeth, for boarding & cloathing
James Ramsbottom & Betty Camel, to Jany. 18th, 1803 . 910

To the town of Charlestown, for boarding sundry paupers

to Jany. 1st, 1803 129 0

To the town of Chelmsford, for supplies for the Widow

McClenny & child to Jany. 8th, 18u3 . . . . 31 89

To the town of Carlisle, for boarding & cloathing Matthew

Jennison & Robert Barber to Jany. 29th, 1803 . . . 97 31

To the town of Concord, for boarding & cloathing William

Shaw, to Jany. 15th, 1803 41 60

To the town of Colerain, for boarding, cloathing & nursing
Wm. Wilson, Wm. Osborn, & Rachel Carr to January
5th 1803 154 8

To the town of Dartmouth, for boarding, & cloathing Mary
Prince & John Connewell to Jany. 1, 1803, & removing
Gamaliel Head to Rhodeisland 89 96

To the town of Douglas, for boarding & cloathing Benja-
min Bobbins, to Jany. 14th 1803 10 33

To the town of Danvers, for boarding & cloathing, doctor-
ing & nursing sundry pauj^ers, including funeral charges,
to Jany. 31st, 1803 163 93

To the town of Dedham, for supporting Elenor Carryl to

Jany. 1st 1803 33 25

To the town of Dover, for boarding & cloathing Partric

Cowen to feby. 15, 1803 64 75

To the town [o/J Durham, for boarding, cloathing & doctor-
ing sundr}"^ paupers, including funeral charges, to Jany.
1st 1803 171 52

To the town of Dunstable, for boarding, cloathing nursing

& doctoring, Margaret Lane to feby. 1, 1803 . . . 60 61

Resolves, 1802. — January Session. 451

To the town of Dorchester, for boarding, eloathing, doctorg.

& nnrsing sundry paupers to feby. 23, 1803 . . . 106 71
To the town of Egremont, for boarding and eloathing the

Widow Mary Dailey & her three children to January

12th, 1803 248 60

To Constant Freeman, keeper of the alms-house in Boston,

to deer. 1st, 1802 241 66

To the town of Framingham for boarding, eloathing, doctorg.

& nursing Daniel Cambell, John Eastwood & son, to feby.

16th, 1803 84 46

To Oliver Fish, in full for his services doctorg. a convict in

Worcester Goal to Jany. 20th,"] 803 6 0

To the town of Great-Barrington for boarding, eloathing &

doctoring sundry pau^jers to Jan3^ 16th, 1803 . . . 196 81
To the town of Goshen, for boarding & nursing Meriam

Lampheer to Jany. 10th, 1803 30 97

To the town of Greenfield, for boarding & eloathing James

Logan & Eunice Convess to Jany. 5th, 1803 . . . 163 31
To the town of Gill, for boarding & eloathing Peter Mange

to Jany. 25th, 1803 _ . 45 0

To the town of Glocester, for boarding, eloathing, nursing

& doctoring sundry paupers to Novr. 10th, 1802 . . 975 8
To the town of Georgetown, for Ijoarding & eloathing

Nicholas Hannabry, to Jany. 19th, 1803 . . . . 67 73
To the town of Granville, for boarding & eloathing Arche-

bald Stewart & his wife, & Thomas Williams & his wife,

including Doctor's bills to Jany. 17th, 1803 . . .128 79
To the town of Granby, for boarding, eloathing, doctoring &

nursingEbenzer Durvin& John Murray, to feby. 14th, 1803 90 43
To the town of Groton, for boarding, eloathing & nui'sing

John C. Wright, wife & child, John W. Benterodt, wife

& child, Edward McLaue & Richard Ferroll, including

Doctor's bill & funeral charges for sd Ferroll, to Jany.

10th, 1803 _ . 344 88

To the town of Gorham, for boarding, & eloathing Kezia

Witney, including funeral charges, & also, Robert Gilfill-

ing to Jany. 20th, 1803 175 54

To Joseph Hodgkins Keeper of the house of correction in

Ipswich in full for his bill to Jany. 18th, 1803 . . .366 25
To the town of Hawley, for boarding, nursing, & doctorg.

Thomas Oakes, including his funeral charges . . . 64 54
To the town of Hardwick, for boarding, eloathing, doctor-
ing & nursing David Chamberlain to deer. 28th, 1802 . 61 73
To the town of Holden, for boarding, doctoring & nursing

John Bartlett, to Jany. 1st, 1803 25 75

To the town of Hadley, for boai'ding & eloathing Mary

Battis to Jany 1st, 1803 45 57

To the town of llollistown, for boarding cloathg. doctoring

& nursing James Lewis, including his funeral charges . 35 15
To the town of Hopkinton, for supporting James Roach to

feby. 18th, 1803 52 0

To Doctor Joseph Hunt, in full for his services for doctor-
ing convicts in Concord Goal to feby. 7th, 1803 . . 55 50
To the town of Haverhill for boarding, & eloathing Philip

Shea, including the Doctor's bill to Jany. 19th 1803 &

also, funeral expences for Volentine Hickey . . . 66 0

452 Resolves, 1802. — Januaey Session.

To the town of Hallowell, for boarding & cloathing Rachel
Cummings, & George Frost, to Jnny. 1st, 18U3, & also,
doctorg. & nursing John Field, ineludg. luneral charges 207 40

To Doctor John Kiteridge in full for his doctoring State

paupers in Newburyport to Jany. 1, 1803 .... 250 0

To the town of Lansboro for boardg. & cloathg. Jno. Yong

to Jany. 1st, 1803 67 45

To the town of Littletown for supplies to Richd. Crouch to

feby. 12, 1803 34 67

To the town of Longmeadow, for supplies to John Pendler,

including Doctor Shelden's bill to Jany. 20th, 1803 . . 75 40

To the town of Leyden, for supplies to Jedidiah Fowler &

family, including the Doctors bill, to Jany. 7th, 1803 . 62 0

To the town of Lincolnville, for boarding & cloathing Isabel

Woodbury, including the Doctor's bill to Jany. 20th, 1803 74 20

To the town of IJncoln, for boarding & cloathing Thomas

Pocock, to feby. 1st, 1803 67 79

To Doctor John Long, for doctorg. Rachel Carr & Henry
Roger's Family in the Town of Coah'ane, to Jany. 5tli
1803 42 50

To the town of Lenox, for boai'ding & cloathing John
Howe, Christian Crow & Abraham Palmer & two children,
to Jany. 17th, 1803 172 63

To the Overseers of Marshpee Indian Plantation, for board-
ing & cloathing George Hoames & George George, to
Jany. 15th, 1803 113 90

To the town of Mendon, for boarding & cloathing Robert
Ellison, to Jany. 25th 1802, & also, for supplies to John
Hunt, to Jany. 10th, 1803 135 4

To the town of Methuen, for supplies to Thomas Pain, to

Jany. 1st, 1803 44 96

To the town of Marshfield, for supplies to Peggy Mitchell,

to Deer. 2d, 1802 13 0

To the town of Milford, for boarding & cloathing Ebenezor
Torrey, to Jany. 18th, 1803 67 59

To the town of Marlborough, for boarding & cloathing
Joseph Waters, to Jany. 8th, 1803 56 0

To the town of Manchester, for boarding, cloathing, doctor-
ing & nursing Thomas Douglas & Katy Grovely, to feby.
2d, 1803 133 3

To Thomas Manning, for doctorg. sundry paupers in the

town of Ipswich, to feby. 7, 1803 70 0

To the town of Northyarmouth, for boarding cloathing,

doctoring & nursing William Ellwell to Jany. 3d 1803 85 72

To the town of Norton, for boarding, cloathing, doctorg. &
nursing Clarissa Kelly, George R. Tucker, Joseph Pratt
& Pedro, a Negro, including funeral charges, to Jany.
18th 18i'3 170 4

To the town of New Bedford, for boarding, cloathing, doc-
toring & nursing, including funeral charges, Patience
Sydnal, Joseph Delonza & Nello Kane, to Jany. 10th,
1803 83 45

To the town of Newbury, for boarding, cloathing, doctor-
ing & nursing sundry paupers to Jany. 1st, 1803 . . 924 53

To the town of New Braintree, for boarding, cloathing,

doctoring & nursing Rhoda Lee to Jany. 1st, 1803 . . 11 12

Resolves, 1802. — January Session. 453

Dolls. Cts.

To the town of Newbury-port, for boarding, cloathing &
nursing sundry paupers, including funeral charges, to
Jany. 1st, 1803 960 2

To the town of Northhampton, for boarding, cloathing,
doctorg. & nursing sundry paupers, including funeral
charges, to feby. 1st, 1803 278 52

To the town of New-Salera, for boarding & cloathing a
child of Jesse Beddint, from Jany. 18th, 1802, to May
24th, 1802 7 92

To the town of Nantucket, for boarding & cloathing sundry

paupers, including Doctor's l)ills to deci*. 28th, 1802 . 126 3

To the town of Northfield, for boarding, cloathing, nursing

& doctoring Marthy Robly to Novr. 25th, 1802 . . .129 63

To the district of New-Ashford, for boarding, doctoring &

nursing Nathaniel Onxan, to feby. 1st, 1803 . . 31 37

To the town of Oxfoi-d, for boarding & cloathing Catha-
rine, an Indian Woman, to Jany. 1st, 1803 . . . 59 0

To the town of Palmer, for boarding & cloathing William
Rlendon, to Jany. 9th, 1803, & also, John Swany to April
20th, 1802 76 37

To the town of Pittsfield, for boarding & cloathing Mary

Welch, to Jany. 5th, 1803 55 5

To the town of Pepperellboro, for boarding & supporting
Elizabeth Cerew to May 1st 1802, & for the funeral
charges of Thomas Bailey 36 0

To the town of Pembroke, for boarding, cloathing John

Monmore, including funeral charges .... 70 0

To the town of Portland, for boarding, & cloathing sundry

paupers to Jany. 1st, 1803 377 61

To the town of Partridgefield, for boarding, cloathing,

doctg. & nursing Mary Lace, to feby. 16th, 1803 . . 62 34

To the town of Rohoboth, for boarding & cloathing Anna

Carll, & for supplies to Richard Bolton to Jany. 1st, 1803 59 65

To the town of Rowley, for boarding, cloathing & doctor-
ing Hannah Harris to Jany. 1, 1803 36 10

To the town of Raynham for boarding & cloathing Anthony

Briffin to Jany. 1st, 1803 27 0

To the town of Roxbury, for Ijoarding, cloathing, doctoring

& nursing sundry paupers to Jany. 1st 1803 . . . 603 25

To the town of Reading, for boarding, cloathing, doctoring

& nursing Saml. Bancroft to Jany. 25th, 1803 . . . 96 51

To the town of Scituate, for boarding, & cloathing Elizabeth
Breeding & Mary Carlow, & also, nursing sd. Elizabeth
including funeral charges to feby. 3d, 1803 . . . 68 83

To the town of Springfield, for boarding, cloathing & doc-
toring Daniel Prince, Harry a Negro, and Hendric Wil-
ner, to April 10th, 1802 42 50

To the town of Salisburv, for boarding & cloathing Henry

Minor, to Jany. loth, 1803 35 27

To the town of South hadley, for supplies to Peter Pender-

gi-ass, to Jany. 19th, 1803 30 0

To the town of Salem, for boarding, cloathing, doctoring
& nursing sundry paupers including funeral charges to
Jany. 3, 1803 - . . . . 970 15

To the town of Southwick, for boarding & cloathing George

Read, to Jany. 1st, 1803 57 0

454 Resolves, 1802. — January Session.

Dolls. Cts.

To the Town of Shirley, for boarding & cloathing Simon

Cox, to Jany. 24th, 1803 47 89

To the town of Sutton, for supplies to Christopher Ambuler,

nursing & doctor's bill, to deer. 15th, 1802 ... 53 0

To the town of Stockbridge, for boarding cloathing, doctor-
ing & nursing sundry paupers, including funeral charges
for Sarah Haney to the 1st day of deer. 1802 . . .245 34

To the town of Swansey, for boarding & cloathing sundry

paupers, to Jany. 16th, 1803 102 66

To the town of Tyringham, for boarding & cloathing sun-
dry paupers & removing Mary Jones out of the Com-
monwealth to Jany. 3, 1803 78 66

To the town of Taunton, for boarding & cloathing George

Hazard to deer. 8th, 1802 . . . . ■. . . 28 8

To the town of Uxbridge, for boarding, cloathing & sup-
porting sundry paupers to Jany. 12th, 1803 ... 93 75

To the town of VVeststockbridge, for boai'ding & cloathing

sundx'y paupers including Doctor's bills to Jany. 1st, 1803 146 16

To the town of Washington, for boarding & cloathing Wm.

Foster & Phebe Clark to Jany. 12th, 1803. . . . 104 31

To the town of Westboro', for boarding, cloathing doctoring

& nursing John Scudemore to feby. 14th 1803 . . . 76 23

To the town of Weston, for boarding, cloathing, & doctoring

Nancy Conwell to Jany. 3, 1803 104 45

To the town of Worcester, for boarding, cloathing, doctor-
ing & nursing sundiy paupers, including Doctor's bills to
feby. 1st, 1803 320 38

To the town of Wilmington, for boarding & cloathing Ro-

sanna, a Negro child to feby. 1st, 1803 . . . . 31 35

To the town of Westfield, for boarding, cloathing, doctor-
ing & nursing Wm. Davis & James Duell to Jany. 1st,
1803 81 49

To the town of Watertown, for boarding, & cloathing Wil-
liam Blaver, and Peg, a Mulatto woman, including funeral
charges 69 99

To the town of Wells, for supporting James Prophet, to
Jany. 26th, 1803 73 93

To the town of Westport, for boarding & cloathing Patience
Sydnal's daughter, & for removing Jonathan Davis & his
family to Little Comptou, to Jany. 23th, 1803 . . . 48 20

To the town of Wilbraham, for boarding & cloathing Jno.

Brown to Jany. 27th, 1803 39 0

To the town of Walpole, for boarding & cloathing Partric
Hancock, Sally Davis & Tabitha Harrington to Jany. 1,
1803, & removing sd. Tabitha to Connecticut . . . 300 64

To the town of Williamstown, for boaixling & cloathing
Rachel Salusha from the 15th of may 1802, to [to] Jany.
20th, 1803 50 64

To the town of Warren, for boarding & cloathing Wm.

Moarman to Jany. 4th, 1803 52 GO

To the town of Wareham, for boarding, cloathing, & nurs-
ing Alexander Frazier to Jany. 23d, 18o3 . . . . 113 50

To the town of Windsor, for supplies to Henry Smith &

wife, to Jany. 4th, 1803 50 0

To the town of Westspringfield, for boarding & cloathing

sundry paupers, to Jany. 7, 1803 106 61

Kesolves, 1802. — January Session.

455

Dolls. Cts.

To the town of Wrentham, for boarding & cloathing sundry

paupers, including Doetov Mann's bill to Jany. 19th, 1803 226 50

To the town of Westtbrd, foi" boarding, cloathing & nursing

Elizabeth Wilson to Jany. 1, 1803 51 80

To the town of York, for boarding, cloathing doctoring &
nursing sundry paupers, including funeral charges to
Jany. (jth, 1803 152 29

Total for paupers, 20,226 93

Militia Accounts.

Courts Martial ^ of Enquiry, <^c.

Dolls. Cts.

To a Court Martial, whereof Joel Doolittle, Colonel, was

President, held at Oakham feby. 7th 167 66

To a Court of Enquiry, whei-eof Ebenezer Baccon was Pres-
ident, held at Rainliani, 8th day of february 1802 . . 8 47

To George Blanchard, Brigade Major, for the expense of a
military Board of Officers, held at Boston feby. 14th, 1803,
by order of the Commander in Chief .... 89 8

To Major Elijah Crane, in full for his service with his Com-
pany of Calvary, [^Cavalry'] in attending the execution of
Jason Fairbanks 26 7

To a court of Enquiry, whereof Billy Messinger was Pres-
ident, in full for his service, to Jan. 10, 1803 . . . 82 3

To a court of Enquiry, whereof J. O'Brien was President,

in full for his services 29 13

To a court of Enquiry, whereof Thomas Fillebrown was

President, in full for his services to Jany. 20, 1803 . . 35 1

To a Court of Enquiry, whereof John Williams was Presi-
dent, in full for his service, to Jany. 10th, 1803 . . 15 70

Aid-de- Camps Sj Brigade Majors.

To James Ayres, Junr. in full for his services to March 1st,

1803 76 99

To Nathaniel C. Allen, in full for his services to deer. 10th,

1802 77 10

To George Blanchard, in full for his services to feby. 2d,

1803 28 75

To Liberty Bannister, in full for his services to Jany. 11th,

1803 28 58

To John Cooper, in full for his services to Jany. 1st, 1803 8 64

To Stephen Dewey, in full for his services, to Jany. 7th,

1803 47 75

To Medad Dickenson, for services to Jany. 1st, 1803 . . 49 0
To Jacob Fisher, in full for his services to Jany. 18th, 1803 37 0
To Josiah Harris, in full for his services to Novi*. 10, 1802 31 95
To Samuel Howard, in full for his services to feby. 1st,

1803 131 5

To William Jackson, for his services to the first of deer.

1802 52 18

To Barzillai Gannett in full for his services to deer. 10th,

1802 35 50

To Sylvester Osborn, in full for his services to feby. 1st,

1803 72 92

456

Resolves, 1802. — January Session.

To Wm. Sever, in full for his services to Jany. 22d, 1803 .
To John Taylor, in full for his services to Jany. 20th, 1803
To Wm. P. Kider, in full for his services to Octobr. 20th

1802

To Samuel M. Thayer in full for his services to feby. 25th

1803

To Sampson Wood, in full for his services to Jany. 1st

1803

DolU. Cts.

157 74
49 12

28 0
60 85

29 17

Adjutants Accounts

To Elijah Alvord 2d in full for his services to Jany. 1st,

1803 15 77

To Joseph Brigham, in full for his services to Jany. 31st,

1803

To Abner Burt, in full for his services to Sepr. 14th, 1802
To William Boyd, in full for his services to 3d of feby. 1803
To Matthias Blossom, in full for his services to deer. 10th,

1802

To Benjamin Blanchard in full for his services, to deer.

10th, 1802

To Wm. Bridge, in full for his services, to Jany. 22, 1803 .
To Nathaniel Cheaver, in full for his services to January

10th, 1803

To Elihu Cutter, in full for his services, to feby. 8 1803
To Esborn Carter, in full for his services to Feby. 19th, 1803
To Jesse Davenport, in full for his services to feby. 3, 1803
To Wm. Donnison, in full for his services to Jany. 1st, 1803
To Abraham Edwards, in full for his services to feby. 1st,

1803

To Lemuel French, in full for his services to feby. 1803
To Jos. Farley, in full for his services to Jany. 20th, 1803 .
To Seth Field, in full for his services to Octobr. 16th, 1802
To Levi Fairbanks, in full for his services to Novr. 8th, 1802
To Samuel Field, in full for his services to Jany. 1st, 1803
To Wm. Gould, in full for his services to deer. 13th, 1802 .
To Jacob Haskell, in full for his services to deer. 6th, 1802
To Ephi'as Hoit in full for his services to feby. 1st, 1803 .
To Christopher Hurleburt, in full for his services to Novr.

22d, 1802

To Walter Hatch, in full for his services to Jany. 12th, 1803
To Timothy Hopkins, in full for his services to Jany. 18th,

1803

To Cyrus Keith, in full for his services to Jany. 24th, 1803
To Benja. Lincoln, in full for his services to Jany. 8th, 1803
To Tilley Mead, in full for his services to Sepr. 23d, 1802 .
To Joseph Morse, in full for his services to feby. 24th, 1808
To Abel Morse, in full for his services to Octobr, 20th, 1802
To Ephraim Mead, in full for his services to feby. 17th, 1803
To Herbert Moors, in full for his services to Augt. 10th, 1802
To Jno. Nye, in full for his services to feby. 3, 1803 .
To Jeremiah OBrien Junr. in full for his services to deer.

26th, 1802

To Isaac Patten, in full for his services to Jany. 25th, 1803
To Daniel Philbrook, in full for his services to Jany. 16,

1803 ' . 19 90

24 50

633

8 87

15 84

13 54

10 74

Resolves, 1802. — January Session. 457

To Samuel Pingree, in full for his services to Jany. 13,

1803

To Hector Orr, in full for his services to Jany. 1st, 1803
To Esaias Preble Junr. in full for his services to Jany. 1st,

1803

To Abel Phelps, in full for his services to feby. 2cl, 1803
To Thomas Rice, in full for his services to Sepr. 4th, 1802 .
To George Russell, in full for his services to feby. 3d,

1803

To Erastus Smith, in full for his services to Sepr. 23d, 1802
To Festus Stebens, in full for his se[r] vices to Deer. 10th,

1802

To Quartus Stebbens, in full for his services, to deer. 10th,

1802

To Thomas Strongs, in full for his services to Jany. 3d, 1803
To Henry Sweet, in full for his services to Octobr. 21st, 1802
To William H. Stone, in full for his services to Septembr.

1802

To George Stanley, in full for his services to octobr. 20th,

1802

To John Toleman, in full for his services to Jany. 1st, 1803
To Joseph Tucker, in full for his services to Jany. 6th, 1803
To Hazelton Taft, in full for his services to Jany. 12th,

1803 ' . .

To Nathaniel Whittier, in full for his services, to feby. 10th,

1803

To David White, in full for his services to Jany. 2d, 1803 .
To Silas Winchester, in full for his services to deer. 31, 1803
To Asa Waters Junr. in full for his services to sepr. 28th,

1802

To Samuel D. Wai'd, in full for his services to octobr. 30th,

1802

To John Wasson, in full for his services to Jany. 1st, 1803

Expence for horses to haul Artillery, SjC.

To John Bray in full for money expended for horses to
haul artillery &c. to Jany. 1803 16 0

To John Carter, for money expended to haul artillery to

deer. 20th, 1802 12 50

To Cristojiher Gushing, for his expences for horses to haul

artillery to Jany. 1st, 1803 7 50

To Jeremiah Clark, for money exi^ended to haul artillery,

to deer. 10th, 1802 14 0

To John Dodge, for money expended for horses to haul

artillery to Jany. 1st, 1803 7 50

To Jesse Doggett, for money expended for horses to haul

artillery to March 1st, 1803 10 0

To William Eastman for money expended for horses to haul
artillery to deer. 23d, 1802 5 0

To Ethan Ely, for monej- expended for horses to haul artil-
lery to deer. 10th, 1802 1 50

To James Fales, for money expended for horses to haul

artillery to deer. 18tb, 1802 5 0

To Increase Hewins, for money expended for hauling artil-
lery, to deer. 20th, 1802 6 0

Dolls.

Cts.

25
50

15 78
19 86
12 6

17
14

18
37

37
68

13
20
12

0
98
46

17
51

64
87
60

20 49

13 13
22 50

458

Resolves, 1802. — January Session.

To David Hartshorn, for money expended to haul artillery

to Jany. 1803

Jedidiah Healy, for money expended to haul ai'tillery, to

Jany. 1st, 1803

To Oliver Johonnot, for monev expended to haul artillery,

to Jany. 1803 . . . ""

To John Ingersoll, for money expended to haul artillery, to

deer. 23d, 1803 .

To Elisha Livermore, for money expended to haul artillery,

to octobr. 7, 1802

To Nathaniel Jones, for money expended to drag artillery,

to deer. 23, 1802

To Ephraim Morrill, for horses to haul artillery to octobr.

15th, 1802 _. .

To Simeon Partridge, for money expended to haul artillery,

to Jany. 20th, 1803 .

To James Robinson, for money expended to haul artillery,

to feby 10th, 1803

To Ignatius Sargeant, for money expended to haul artil

lery, to feby. 24th, 1803,

To John Smith, for money expended to haul artillery, to

Jany. 1803

To Nathan Smith, for money expended to haul artillery, to

deer. 1802

To Nathaniel Shaw, for money expended to haul artillery

to sepr. 14th, 1802

Total for Militia,

Sheriffs' Accounts.

To Thomas Philips, in full for his services, to Novr. 3d,

1802

To Edmund Bridge, in full for his service to novr. 26th,

1802

To Bailey Bartlett, in full for his service to Novr. 1802
To Joseph Dimmick, in full for his services to novr. 1802
To John Cooper, in full for his services to decembr. 1802 .
To John Gardner, in full for his services, to novr. 1802
To Joseph Hosmer, in full for his services, to feby 24th
1803, including an allowance for Advertizing for escape
of Convicts by special oi-der of the Legislature
To Arthur Lithgow, in full for his services, to novr. 1802
To Simon Learnerd, in full for his services, to Jany. 17,

1803

To Zephaniah Leonard, for services to Novr. 1802
To John Wait, for his services to deer. 28th, 1802

)0ll8. <

3ts.

. 3,254 23

Dolls.

318.

. 249

.' 103

9 86

. 279

\ 129

110 82

! 28

Total for Sheriffs,

991 52

Printers'' Accounts.

Dolls. Cts.

To Adams & Rhoades, for publishing acts & resolves in

Boston, to feby. 20th, 1803 16 67

To William Butler, for publishing acts & resolves, to July

1802 33 33

Resolves, 1802. — January Session. 459

Dolls. Cts.

To Phineas Allen, for publishing acts & resolves, to Jany.

1st, 1803 16 67

To Allen & Bai-nard, for publishing acts & resolves, to augt.

4th. 1803 16 67

To William Carleton, for publishing acts & resolves, to

feby. 18th, 1803 33 33

To Galen H. Fay, for publishing acts & resolves, to deer.

29th, 1802 16 67

To Bewail Goodridge, for publishing acts & resolves, to

deer. 1st, 1802 16 67

To Herman Mann, for publishing acts & resolves, to Jany.

1st, 1803 16 67

To Russell & Cutter, for publishing acts & resolves, to feby.

28th, 1803 14 0

To Abraham Sherman, for publishing acts & resolves, to

June 1st, 1802 16 67

To Yong & Minns, for publishing acts & resolves, to march

1st, 1802 732 94 .

Total for Printers, 930 29

Convicts'' Accounts.

Dolls. Cts.

To Nathan Heard, Keeper of the Goal in Worcester, for

dieting Eli Page, to Jany. 14, 1803 61 54

To Rufus Hosmer, Keeper of the Goal at Concord, for board-
ing & Cloathing Gaius Proctor, Thomas Lamb, Isaac
Moore, Thomas Beals, Peter Francis, John P. Bancroft &
Isaac Williams to feby. 17th, 1803 426 91

To Oliver Hartshorn, Keeper of the Goal in Boston, for
boarding & cloathing Elisha Dillingham, Charles Blade,
George Horn & Peter Ransallaer, to february 23d, 1803 .

Total for Convicts,

236

725

Dolls.

cts.

101

Miscellaneous Accounts.

To John Boyle, for stationary to supply the Adjutant Gen-
eral's office to deer. 31st 1802

To the Honble. Elijah Brigham, Peleg Coffin & Thomas
Dwight Esquires, in full for their services & expences,
including the hire of carriages, Printer's bills &c. in car-
rying into effect a resolve of the Legislature, jjassed feby.
19th, 1802, for adjusting a settlement between the Pro-
pi'ietors of the Plymouth Company & the several descrip-
tions of settlers on the lands of the sd. Company . . 878 71

To Thomas Dawes & John C. Jones for examining & ad-
justing the accounts of the late Treasurer of this Com-
monwealth 70 0

To Timothy Goodwin, for sundry supplies for the use of

the State"house, to feby. 24th, 1803 43 30

To Jonathan Hunnewell, for labourdone on the old Province

house to Jany. 1803 18 83

To Joseph Howes, for work done on the State house, to feby.

19th, 1802 5 75

460

Resolves, 1802. — January Session.

To Jonathan Hastings for postage of letters to deer. 31st,
1802

To William Homer, for supplies for the Province house, to
Jany. 1st, 1803

To Joshua Holt, for boarding, & cloathing, & stationary,
for Levi Konkepot to feby. 4, 1803

To Jonathan Jackson, Treasurer in full for sundry expen-
ditures in his office, to feby. 23, 1803 ....

To Oliver Leonard, in full for his service in issuing a war-
rant in favor of the Commonwealth by direction of the
Governor

To E «& S Larkin, for stationary for the use of the Supreme
Court, to augt. 12th, 1802

To James White & Co. for stationary for public offices, to
Feby. 10th, 1803

To James Thompson, for work on the State house, to feby.
14th, 1803

To Isaac Pierce, in full for the balance due him upon his
acct. to Jany. 20th, 1803, after deducting one hundred
dollars granted him feby, 18th 1802

To Thomas Spear, in full for his services as Keeper of the
hospital at Rainsford Island to feby. 14th, 1802

To West and Greenleaf, for stationary to Feby. 29th, 1803 .

To Josiah Wheeler, for labour &c. for the use of the State
house, to deer. 1802

To Daniel Cowen, for assisting the Messenger of the Gen-
eral Court, fifty one days

To Sylvanus Lapham, for assisting the Messenger of the
General Court fifty four days

Dolls.

CtB.

68 74

16 69

68 41

124

214

108

76 2

44 44
100 1

145 3

89 26

94 50

Total for miscellaneous, ,

. 2,306 36

Aggregate'of Roll No. 48.

Expence of State Paupers,
Ditto of Militia, .
Ditto of Sheriffs, .
Ditto of Printers, .
Ditto of Convicts,
Ditto Miscellaneous, .

Dolls. Cts.

20,226 93

3,254 23

991 52

930 29

725 16

2,306 86

28,434 49

Read & accepted, & thereupon

Resolved., That there be allowed & paid out of the Pub-
lic Treasury, to the several corporations & persons men-
tioned in this Roll, the sums set against such corporations
and persons respectively, amounting in the whole, to
twenty eight thousand, four hundred & thirty four dol-
lars, and forty nine cents, the same being in full discharge
of the accounts & demands, to which they refer.

March 8, 1803.

ACTS

AND

LAWS

OF THE

COMMONWEALTH

MASSACHUSETTS

BOSTON :

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

MDCCCIII.

Reprinted by Wright & Potter 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-
FIFTH DAY OF MAT, ANNO DOMINI, 1803.

1803. — Chapter 1.

[May Session, ch. 1.]

AN ACT TO INCORPORATE THE BROOKFIELD FIRST PARISH
LIBRARY COMPANY.

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 Revd. Ephraim Ward, Persons incor-
Dwight Foster and Jabez Upham Esqrs., and their asso-
ciates, all of Brookfield in the County of Worcester,
proprietors of a social library in the first parish in said
town, be, and they are hereby incorporated into a body
politic by the name of The Brookfield First Parish Library corporate
Company; and that they and their successors shall be °*°'^'
and continue a body politic and corporate, and may have
and use a common seal, which they may at pleasure break,
alter and renew ; and may appear in any Courts, and
prosecute and defend in any actions or suits at law, by
the same name forever.

Sec. 2d. Be it further enacted. That all the monies, Donations
books or other property, or things already given, or confirmed.
which shall be hereafter given, granted, devised, be-
queathed, transferred or assigned to the proprietors of
said Library, shall be, and the same are hereby confirmed
to the said Corporation, and to their successors forever :
Provided, that the said Company shall hold no property
real or personal, by virtue of this Act, which shall at
any one time exceed in value the sum of five thousand
dollars.

464

Acts, 1803. — Chapter 2.

Power of the
corporation to
make rules,
elect ofScers,
&c.

First meeting.

Sec. 3d. And be it further enacted. That the said
Corporation shall have power to elect and appoint such
officers as they may judge necessary ; to fix the tenures
and prescribe the duties and powers of the respective
ofiices ; to raise such monies by assessments on the sev-
eral shares in said Library, as the said Corporation may
judge necessary for preserving and increasing the same ;
and for the management of the affairs of said Corporation,
to make bye laws, for the due regulation of its concerns,
not repugnant to the Constitution and Laws of this Com-
monwealth ; and to annex and recover penalties, for any
breach of said bye laws, not exceeding three dollars for
any one breach thereof.

Sec. 4th. And be it further enacted. That D wight
Foster esqr. be, and hereby is authorized to fix the time
and place for holding the first meeting of said Corpora-
tion, and to notify the members thereof.

Approved June 6, 1803.

Inhabitants
authorized to
sell certain
lands, to raise
a fund.

1803. — Chapter 3.

[May SeesioD, ch. 2.]

AN ACT TO AUTHORISE THE NORTH PARISH IN SCITUATE IN
THE COUNTY OF PLYMOUTH, TO SELL CERTAIN LANDS
GIVEN FOR THE USE OF THE MINISTRY IN SAID PARISH.
AND TO INCORPORATE CERTAIN PERSONS AS TRUSTEES TO
MANAGE THE FUNDS, THAT MAY BE RAISED BY SAID SALE
FOR THE PERMANENT SUPPORT OF THE GOSPEL MINISTRY
IN SAID PARISH.

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 Inhabitants of the said
North Parish in Scituate be, and they hereby are Author-
ised and empowered by their Agents chosen for that pur-
pose, to sell and pass deeds, to convey all the Lands &
buildings standing thereon which were originally laid out
or granted by the Proprietors of Conihasset alias Cohas-
set, to the Church & Society in the Northernmost part of
said Scituate for the use of the Ministry — and that Hay-
ward Peirce, James Little, Augustus Clapp, Calvin Peirce
and Seth Merritt all of said Scituate, be, and they are
hereby appointed and incorporated Trustees for the due
management of the Fund that shall arise from said sale,
to receive and hold the same in trust for the use and ben-
efit of said Parish, and the permanent support of a Gos-

Acts, 1803. — Chapter 2. 465

pel Minister therein, and shall constitute a body Politic
and Corporate to have perpetual succession consisting of
persons belonging to said Parish, for the due and faithful
management of said trust, and shall be vested with all
powers incident to Corporations necessary or requisite
for that purpose.

Sec. 2. Be it further enacted, That the Trustees be- Trustees may
fore mentioned, and their successors in OflSce, be, and tfons.
hereby are vested with sufficient power to receive any
donations of money or other property that may be made
to said Parish ; provided the whole annual income of said
fund shall not exceed One thousand Dollars, and place the
same at interest on good security at their discretion, and
apply the whole or so much as may be necessary, of the
interest arising therefrom to pay the salary of such min-
ister as aforesaid, as the Majority of the Church and Con-
gregation in said Parish have or may settle ; but not in
any case to lessen or make use of any part of the princi-
pal; and in case the whole of the annual income and i"'='»8eofin-

i ' 1 /T» 11 come being

mterest should be more than sufficient to pay the salary more than
of the Minister for the time being agreeably to the Con- the salary of
tract with him, then the surplus shall be added to the ^'^^ "^'n'*'*""-
principal untill the interest and income shall amount to
one thousand Dollars yearly ; unless said Parish, at a legal
meeting called for that purpose shall otherwise appro-
priate said surplus for the payment of other Parish
Charges, which they are hereby authorised to do. And
if it shall so happen that said Trustees shall become
Seized of lands or tenements by levying Executions for
the discharge of debts due to said Trustees or Parish, or
as Security for the payment of debts due to said Corpo-
ration, and the fee thereof shall, in due course of Law,
be vested in them, it shall be Lawful for the said Trus-
tees, for the time being, to make and execute good and
well authenticated deeds of the same ; Provided, the Sale
thereof be concluded on at any legal meeting of said
Parish.

Sec. 3. Be it further Enacted, That said Trustees Annual return
shall make annual return in Writing of their proceedings Trust^ea'?^ ^"^
and disbursements, and lay the same before said Parish
at their annual Meeting in March or April for their in-
spection.

Sec. 4. Be it further enacted. That when any vacancy in case of va-
happens among the said Trustees or their Successors, thexrul^teef.

466

Acts, 1803. — Chapter 3.

either by death, resignation or removal, the said North
Parish at any meeting legally warned for that purpose,
shall fill up said Vacancy within three months after it
shall happen, and if the said Parish neglect so to do
within that time, then the said Trustees, by a Major
Vote, shall have power to fill up such Vacancy.

Approved June 10, 1803.

Preamble.

Trustees.

Corporate
name.

Trustees to
receive monies,
securities, dona-
tions, &c.

1803. — Chapter 3.

[May Session, ch. 3.]

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES OF
A FUND FOR THE SUPPORT OF A CONGREGATIONAL TEACHER
OF PIETY, RELIGION & MORALITY IN THE FIRST PRECINCT
IN MIDDLEBOROUGH, IN THE COUNTY OF PLYMOUTH.

Whereas the Inhabitants of the first Precinct in Middle-
borough, having signified to this Court that they are pos-
sessed of about twenty Six hundred and fifty dollars,
which they wish to have appropriated for the purpose of
supporting a Congregational Teacher of Piety, lieligion
and Morality and for other Parochial purposes, and to
have Trustees Incorporated for the purpose of managing
said Fund :

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, That Isaac Thomson, Nathaniel
"Wilder, Ebenezer Cox, William Thomson and Noah
Cushman be, and hereby are appointed Trustees to man-
age such Funds as are or shall be raised & appropriated
to the uses aforesaid ; and for that purpose they and their
Successors are hereby Incorporated into a body Corpo-
rate, forever, by the name of The Trustees of the Funds
for the Support of a Congregational Teacher of Piety,
Religion and Morality in the first Pr[in] [elcinct in Mid-
dleborough ; and by that name shall be, and hereby are
made capable in Law to sue and be sued, plead and be im-
pleaded, defend and be defended, in any Courts of Record
or any other place whatever ; and also to make, have and
Use a Common Seal, and the same again at pleasure to
break, alter and renew.

Sec 2, Be it further enacted. That said Trustees be,
and hereby are vested with full power to receive into
their hands all monies and Securities for Monies already
raised, and all monies, subscriptions, donations and secu-

Acts, 1803. — Chapter 3. 467

rities for real and personal Estates that may hereafter be
given, raised or subscribed for the purpose aforesaid;
and may sell and convey, by good and well authenticated
deeds, any Lands and tenements whereof the fee may vest
in them by virtue of Mortgage or Execution.

Sec. 3. Be it further Enacted, That the aforesaid fj"°dj;.°^^« p"'
Fund shall be put to use or interest, or vested in any of
the Public Stocks, Funds or Banks in this Commonwealth,
until it shall accumulate, by interest or income thereon,
together with such donations as hereafter may be made,
to the sum of Six thousand dollars, and then the interest
or income arising from said Fund may be appropriated
and applied to pay the Salary of a Public Teacher before
described. Provided however, that should said Trustees in case of the
be possessed of a Capital, the annual income whereof mor°than°^
shall be more than sufficient to discharge the Salary afore- thrBaia^y^of^"^
said, the surplus may be applied to the payment of nee- ^^^ minister,
essary precinct charges, or for the support of Schools, as
said Precinct, from time to time, shall direct, or the same
may be appropriated to augment said Fund within the
Limitation hereafter expressed.

Sec. 4, Be it further Enacted, that said Trustees are Amount of in-
here by made Capable of holding as aforesd. Real and per- '^'^^'^ """^ '
sonal 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. 5. Be it further enacted, That the said Trustees TruBteesmay
and their successors shall hold their Offices until others annually.
shall be chosen in their stead, & they have declared their
acceptance to the Clerk of said Precinct ; — & said Pre-
cinct may (if they see cause) choose such number of
Trustees as they shall judge necessary, annually, in the
months of March or April, and may also, at any legal
meeting, of said precinct, duly warned for the purpose,
Choose a Trustee or Trustees to supply any vacancies
that may happen.

Sec. 6. Be it further enacted. That the said Trustees An annual
shall each year, in the month of March or April, at the be exhibited.
annual meeting of said Precinct, exhibit a ftiir Statement
of their proceedings, and of the State of their funds under
their management, and are hereby severally made amen-
able to said Precinct, & liable in Law to answer to said
Precinct out of their own Estates for any embezzlement,
neglect or wilful mismanag^ement of said Fund.

468

Acts, 1803. — Chapters 4, 5.

^ect apresi. ^EC. 7. Be it fuHhev euacted, That the Trustees for

dent, treasurer, the time being may elect a President, Clerk and Treasurer,
the Clerk and Treasurer to be under Oath, faithfully to
perform their duty ; — and the Treasurer shall receive
into his hands the Notes & Monies from said Trustees,
and under their directions shall put the same to use or
interest, or vest them in funds, stocks or banks as afore-
said ; always taking good and sufficient securities for the
same, and shall himself give bonds to said Trustees, with
sureties to their satisfaction, for the faithful performance
of his duty. Approved June 15, 1803.

1803. — Chapter 4,

[May Session, ch. 4.]

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

Be it enacted hy the Senate and House of Representa-
tives in General Court assembled, and hy the authority of
Name altered, the Same, That ft'om and after the passing of this Act,
the Berkshire Academy, established at Lenox in the
County of Berkshire, shall be called and known by the
name of Lenox Academy ; and the trustees thereof, by
the name of The Trustees of Lenox Academy, shall be
and continue a Corporation, vested with all the powers,
capacities and rights, and subject to all the duties hereto-
fore belonging to the trustees of Berkshire Academy.

Approved June 15, 1803.

1803. — Chapter 5.

[May Session, ch. 5.]

AN ACT TO INCORPORATE MARK LANGDON HILL AND OTHERS,
FOR THE PURPOSE OF BUILDING A BRIDGE ACROSS BACK
RIVER.

Whereas application has been made to this Court for
permission to build a bridge over Back River, in the town
of Georgetown, in the County of Lincoln ; and it appear-
ing that a bridge in said place will be of public utility :

Be it enacted by the /Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That Mark Langdon Hill and Denny McCobb,
esquires, together with their associates, and those who
shall hereafter associate with them, with their heirs and

Acts, 1803. — Chapter 6. 469

assigns, be, and hereby are constituted a Corporation and
Body Politic by the name of The Proprietors of the Back
River Bridge, for the purpose of erecting a bridge over
said Back River, at or near a place called Hell Gate : —
Provided that within the term of seven years from the
passing this Act, the said bridge shall be built, kept open,
free, and made convenient and safe for the accommodation
of travellers ; and that the said bridge be so constructed,
as that a Gondola, loaded with hay, may conveniently
pass under the same. Approved June 15, 1803.

1803. — Chapter 6.

[May Session, ch. 6.]

AN ACT TO INCORPORATE THE PLANTATION CALLED VAUGHAN-
TOWN IN THE COUNTY OF KENNEBECK INTO A TOVi^N BY
THE NAME OF HARMONY.

Sec. 1. Be it Enacted by the Senate and House of
Representatives in General Court asse^nbled, and by the
Authority of the Same, That the plantation called Vaughan- Boundaries.
town in the County of Kennebeck, bounded as follows,
Beginning at a Cedar tree marked S. W. 1790 Standing
on the Northwesterly banks of Moose or Pickerell pond,
the same pond being on the West branch of Sebastacook
river, thence running West three Miles & fifty six rods to
a Spruce tree marked, being the south-west corner of
Township, number two, in the second range north of the
Plymouth Claim ; thence north six Miles to a Beech tree
marked standing in the South line of the One Million
Acres sold to William Bingham Esqr., thence East six
miles on the south line to a Beech tree marked, and a
large heap of Stones, being the South east corner of said
Million Acres ; thence South six miles to a large spruce
tree marked ; thence west about one hundred rods to the
aforesaid Moose or Pickerell pond ; thence by said Pond
on the northerly side thereof to the first mentioned bounds ;
containing twenty three thousand, & forty Acres as by
the Survey and plan of the same made by Samuel Weston
Esqr. in the Year 1790, with the Inhabitants thereon, be,
and they hereby are incorporated into a town by the Harmony
name of Harmony, And the said town is hereby vested '°'=«'-p°'-«'^'1-
with all the powers, privileges, and immunities which other
towns in this Commonwealth, do or may by Law enjoy.

470

Acts, 1803. — Chapters 7, 8.

Eli Weston
empowered to
call lirst lueet-
ing.

Sec. 2. Be it further enacted, That Eli Weston Esqr.
be, and he hereby is impowered to issue his warrant, di-
rected to some suitable person within said town requiring
him to warn a meetins; of the Inhabitants thereof at such
time & place as shall be expressed in said warrant, for the
purpose of choosing such town Officers as other towns are
impoAvered to choose, in the months of March or April
annually. Approved June 15, 1803.

1803. — Chapter 7.

[May Session, cli. 7.]

AN ACT RESPECTING THE .COURT OF GENERAL SESSIONS OF
THE PEACE WITHIN AND FOR THE COUNTY OF BERKSHIRE.

Be it enacted, by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same, that all Writs, Processes, Recognizances and
other matters of whatever name or nature, which, before
and on the seventh day of March last past, were return-
» able or continued to the term of the Court of General
Sessions of the Peace theretofore by Law to be holden at
Lenox, within and for the County of Berkshire, on the
second monday of April then next and now last past,
which term of said Court was abolished by Law, shall be,
and hereby are, revived, continued and made returnable
to, and shall have day in, the term of said Court by Law
to be holden at said Lenox within and for said County
on the fourth Monday of August next.

Approved June 16, 1803.

Preamble.

Boundaries
establislied.

1803. — Chapter 8.

[May Session, ch. 8.]

AN ACT TO ASCERTAIN AND ESTABLISH THE BOUNDS OF THE
TOWN OF LYMAN, (LATE COXHALL) IN THE COUNTY OF
YORK.

Whereas by an Act passed April 24th 1 780 — incorpo-
rating the 2^lantation of Goxhall, in the County of York
into a toion by that name, the bounds therein mentioned
are vague and uncertain : for remedy ivhereof

Section 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and by
the authority of the same that the town of Lyman, (for-
merly Coxhall,) shall hereafter be bounded as follows,

Acts, 1803. — Chapter 9. 471

any thing in the Act aforesaid to the contrary notwith-
standing, vizt. Beginning on the Westerly side of Mou-
som River, at a Pitch pine stump, on the edge of the
Bank of the said River, and on the head line of the town
of Wells, from thence to run North East on the head
line of said Wells, & Arundel six miles, to the west line
of the town of Phillipsburgh, thence to run North, about
twenty four degrees, & one half West, joining on said
Phillipsburgh, six Miles, and one hundred & twenty rods
to a stake, thence from said stake, to run on a south
west course, which is parallel to the head line of Wells
& Arundel, six miles, or until it comes to the Easterly
side line of the District of Alfred, from thence south
about twenty one degrees East, joining on said Alfred
line, to the Pine stump, by said Mousom river first men-
tioned. Approved June 16, 1803.

1803. — Chapter 9.

[May Session, ch. 9.]

AN ACT AUTHORIZING THE SALE OF THE SCHOOL LANDS IN
THE TOWN OF NEW GLOUCESTER, TO RAISE A FUND FOR
THE SUPPORT OF SCHOOLS IN SAID TOWN, AND FOR AP-
POINTING TRUSTEES FOR THOSE PURPOSES.

Sec. 1st. Be it enacted hy the Senate and House of
Representatives in General Court assembled, and by the
authority of the same, That Nathaniel C. Allen and Peleg Trustees.
Chandler Junr. Esqrs., Colonel Moses Merrill, and Messrs.
John Woodman, David Nelson, Nathaniel Jenks and
Thomas Johnson, be, and hereby are appointed trustees
to sell the school lands in the said town of New Glouces-
ter, 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 New Gloucester Schools
in the County of Cumberland ; and they and their suc-
cessors shall be and continue a body politic and corporate,
by that name, forever : and they shall have a common
seal, subject to alteration at their pleasure ; and they may
sue and be sued in all actions, real, personal or mixed,
and prosecute and defend the same to final judgment and
execution, by the name aforesaid.

472

Acts, 1803. — Chapter 9.

Trustees may
elect a presi-
dent, treasurer,
&c.

Number of

Trustees

limited.

First meeting.

Trustees au-
thorized to
sell school
lands.

All monies
received to be
put at interest.

Sec. 3d. Be it further enacted, That the said trustees
and their successors shall, and may annually elect a Pres-
ident, and Clerk to record the doings and transactions of
the trustees at their meetings, and a Treasurer to receive
and apply the monies herein after mentioned, as herein
after directed, and any other needful officers, for the bet-
ter manao-ino; their business.

Sec. 4th. Be it further enacted. That the number of
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
inhabitants of said town ; & shall have power to remove
any of their number who may become unfit and incapable
from age, infirmity, misconduct, or any other cause, of
discharging their duty, and supply vacancies 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. Be it further enacted. That Isaac Parsons
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. Be it further enacted. That said trustees be,
and they hereby are authorized to sell and convey in fee
simple, all the school lands belonging to the said town,
and to make, execute & acknowledge 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 efiectual
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, together with all dona-
tions or grants that may hereafter be made to said Corpo-
ration for the use of schools in said town, shall be put to
use as soon as may be, and secured by mortgage of real
estate to the full value of the estate sold, or money loaned,
or by two or more sufficient sureties with the principal,
unless the trustees shall think it best to invest the same

Acts, 1803. — Chapter 10. 473

in public funded securities or bank stock, which they may
do.

Sec. 8th. Be it further enacted, That the interest ^fPiP'teJ'/Br""''
arising from said fund shall be annually appropriated for
the use of public schools in said town ; and it shall never
be in the power of said town to alter or alienate the
appropriation of the fund aforesaid.

Sec. 9th. Be it further enacted. That the Treasurer Treasurer to
of the Trustees shall give bond faithfully to perform his
duty, and to be at all times responsible for the faithful
application and appropriation of the monies which may
come into his hands, conformably to the true intent and
meaning of this Act, and for all negligence or misconduct
of any kind in his office.

Sec. 10th. Be it further enacted. That the trustees or compensation

of TrustC6B

their Officers for the services they may perform, shall be
entitled to no compensation out of any monies arising from
the fund aforesaid, but a reasonable compensation shall be
paid them by the town aforesaid.

Sec. 11th. Be it further enacted, That the said trus- Annual state
tees and their successors, shall exhibit to the town at their made,
annual meeting in March or April, a regular and fair
statement of their doings.

Sec. 12th. Be it further enacted. That the said trus- Trustees re-

1 p 1 1 n 1 '11 1 sponsible for

tees, and each or them, shall be responsible to the town misconciuct.
for their personal negligence or misconduct, whether they
be officers or not, and liable to a suit for any loss or dam-
age arising thereby, the debt or damage recovered in such
suit, to be for the use aforesaid.

Approved June 16, 1803.

1803. — Chapter lO.

[May Session, ch. 10.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR INCOR-
PORATING CERTAIN PERSONS FOR THE PURPOSE OF LAYING
OUT AND MAKING A TURNPIKE ROAD FROM SALEM, TO
CHARLES-RIVER BRIDGE, FOR BUILDING THE NECESSARY
BRIDGES IN SAID ROAD ; AND FOR SUPPORTING THE SAME."

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 power which is given to Power to
the Justices of the Supreme Judicial Court to authorize uansTerTef^to^"
the erection of Gates on said Road, be, and hereby is given commiBsioners.

474 Acts, 1803. — Chapter 11.

to three Commissioners, whom his Excellency the Gover-
nor of this Commonwealth, Avith advise of Council, is
hereby requested to appoint, for the purpose of authoriz-
ing the erection of said Gates on the same conditions, and
in the same manner, as are particularly mentioned, and
described in the third and fourth sections of an Act, en-
titled, an Act for incorporating certain persons for the
purpose of laying 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. 2d. Be it further enacted^ by the autlwrity afore-

ciauBesof Said, That the clauses in the third and fourth sections of

repealed. the Act, to which this is an addition, which vests the power

to authorize the erection of said turnpike Gates in the

Justices of the Supreme Judicial Court, be, and they

hereby are repealed. Approved June 18, 1803.

1803. — Chapter 11.

[May Session, ch. 11.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO EM-
POWER THE TOWN OF BOSTON TO CHOOSE A BOARD OF
HEALTH, AND FOR REMOVING AND PREVENTING NUISANCES."

Sect. 1st. Be it enacted hy the Senate and House of

Repi'esentatives, in General Court asse^nbled, and by the

In case of piis- authority of the satne, That whenever any Prisoner con-
oners m Boston ^ j ^ j

gaol having fined lu the Goal in Boston, shall be attacked with any
fever. contagious malignant Fever, &, in the opinion of any two

Reputable Physicians, endangers the Health of other Pris-
oners in said Goal or of the Inhabitants of the Neighbour-
hood, — it shall be the duty of the Sherift' or Goaler of the
County to make known the situation of such Prisoner to
the Board of Health for the Town of Boston, who shall
thereupon, if they see fit, assign an apartment for the re-
ception and accommodation of such sick person, upon
Rainsford's Island ; and the said Sheriff is hereby empow-
ered to remove such Prisoner, and to cause such appart-
ment to be effectually secured, so that such Prisoner may
not escape from his Custody, or to appoint some person
to guard him in his Confinement ; and the apartment in
which said Prisoner shall be, during this removal and con-
finement at Rainford's Island, shall be considered as the
Common Goal of the County ; and the whole Expence of
such removal and safe keeping, and also the Expence of

Acts, 1803. — Chapter 11. 475

such Physician as may attend him, and all other necessary
expences which may occur in Consequence thereof, shall
be paid by such Prisoner if able, otherwise in like man-
ner as such Expences have heretofore been usually paid.
— Provided hoioever. That if such Prisoner be confined o/alebtor?"*^
for Debt it shall be necessary to obtain the Consent of his
Creditor and also his own consent to such removal. — And
if such Prisoner has the liberty of the Goal Yard in Bos-
ton, then the consent to such removal shall be first had in
writing of the sureties of such Prisoner. And any Act
of a Prisoner for debt, removed as aforesaid, which would
have been an escape, had he remained in the Goal in Bos-
ton, shall be an escape, and may be assigned as a breach
of the condition of the bond given for the liberty of the
Yard.

Sect. 2d. And be it further enacted by the authority
aforesaid. That whenever any contagious Sickness shall ^venouceof
prevail in any part of the Town of Boston, and in the o^^contag'iout
opinion of any three respectable Physicians the Health of sickness.
the Inhabitants in the vicinity may be endangered by the
prevalence of such Contagious sickness. It shall be the
duty of the Board of Health to give notice to the Inhab-
itants in the vicinity that such Contagious Sickness is
Prevalent ; and the said Board of Health is hereby impow-
ered to cause all the Avenues, to such Infected Places,
to be shut up and Guards placed, so as to prevent all un-
necessary communication w^ith such Infected places.

Sect. 3d. And be it further enacted by the authority
aforesaid. That whenever Quarantine is imposed on any Penalty for any
Vessell coming from abroad, and the Owner, Consignee, of a vessel who
Master or other person Interested in such Vessell or her Lise dedar"-
Cargo, shall be Interrogated by any Member of the Board ^'°°'
of Health in his Official Capacity, or by the visiting Phy-
sician of said Board, respecting any Circumstance or
Event touching the Health of the Crew or passengers on
such Vessell, or any Infection suspected in the Cargo,
from the time of her first engaging upon the voyage she
may then be terminating, and the said Owner, consignee,
Master or other person Interested as aforesaid — shall
make any false or unfounded declaration respecting the
points under examination, every such Owner, Consignee,
Master or other interested Person, upon co[n]viction
thereof in manner as pointed out in the Eighth Section
of the Law to which this is an addition, shall forfiet and

476 Acts, 1803. — Chapters 12, 13, 14.

pay a fine not exceeding Five hundred dollars, suffer Six
Months imprisonment, either or both at the discretion of
the Court having Cognizance of such offence.

Sect. 4th. And be it further enacted by the authority
Appropriation aforesaid. That all Fines and Forfietures arising under this

of fuuds. ./ ' Cr

Act shall accrue to the Board of Health for the use of the
Town of Boston. Approved Jxme 18, 1803.

1803. —Chapter 13.

[May Session, ch. 12 ]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO
INCORPORATE SUNDRY PERSONS BY THE NAME OF THE
PRESIDENT, DIRECTORS & COMPANY OF THE NORTHAMP-
TON BANK."

Be it enacted by the Senate and House of Representa-
tives in General Court assembled, and by the authority of
the 8ame^ That from and after the passing of this Act,
the number of Directors to be annually chosen by the
Stockholders of said Bank shall be Eleven instead of
Seven, and to continue in Office the Year ensuing their
Election. Approved June 18, 1808.

1803. — Chapter 13.

[May SeBsion, ch. 13.]

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

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the time allowed to said Corporation for
completing the Turnpike road in said Act mentioned, be,
and the same is hereby lengthened out until the first day
of March next. Approved June 18, 1803.

1803. — Chapter 14.

[May Session, ch. 14.]

AN ACT TO SET OFF THE TOWNS OF HINGHAM & HULL,
FROM THE COUNTY OF SUFFOLK, & TO ANNEX THEM TO
THE COUNTY OF PLYMOUTH.

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

Acts, 1803. — Chapter 14. 477

Authority of the same, that the towns of Hiuoham and Hinghamand

^ xlull &Dn6X6Cl to

Hull, in the County of Suffolk, be, and they are hereby Plymouth
set oft' from the said County of Suffolk, and shall in
futuie be annexed to, and make a part of the County of
Plymouth.

Section 2. And he it further enacted, That all Writs, Provisions for

., T ci'TT !•• TT suits and pro-

suits, and processes, oi any kind, depending in any Judi- ceedingsin

cial Court ; and also all matters and proceedings in the ''°""'

Probate Court, already begun, and now pending within

the County of Suffolk, so far as the same may apply to,

or concern the Inhabitants of said towns of Hingham and

Hull, shall be heard, tried, proceeded in, determined

upon, and finally finished, in the County of Suffolk, in

the same way and manner, they would have been, if this

Act had not been made.

And whereas there appears to be debts now due and
owing from the said County of Suffolk to the amount of
Two thousand Nine hundred and twenty-five Dollars &
thirty one cents, which ought in equity to be discharged,
as well by the said towns of Hingham & Hull, as by the
other towns in the said County of Suffolk :

Section 3. Be it further enacted. That the said towns mnghamand
of Hingham and Hull, shall be liable and holden to pay to proportiM^of
the said County of Suffolk, their just proportion, (accord- *^®^'*'
ing to the last valuation) of the said sum of Two thousand
Nine hundred & twenty five Dollars, and thirty One Cents,
being Ninety five Dollars to the town of Hingham, and
ten Dollars to the town of Hull, in the same way and
manner as they would have been holden, if this Act had
never been made.

Section 4. And he it further enacted, that the said Suffolk co. dis-
County of Suffolk shall forever hereafter be discharged aii claims, etc.
from all claims or demands which the said towns of Hing-
ham and Hull may have to any estate real, personal, or
mixed, now the property of the said County.

Section 5. And he it further enacted. That for the congressional

<> I • -n i x- j_ J. J.1 • district not

purpose of choosing Kepresentatives to represent this altered.
Commonwealth in the Congress of the United States, the
said towns of Hingham and Hull, shall continue to con-
stitute a part of the District of Suffolk.

Approved June 18, 1803.

478

Acts, 1803. — Chapters 15, 16.

Treasurer to
collect taxes
outstandiDg at
the time of his
election.

Treasurer may
issue warrants
to deputies for
collection of
taxes, etc.

1803. — Chapter 15.

[May Session, ch. 15.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT, REGULAT-
ING THE COLLECTION OF TAXES, IN THE TOWN OF BOSTON,
AND PROVIDING FOR THE APPOINTMENT OF CONSTABLES IN
THE SAID TOWN."

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 Treasurer of said town
of Boston, his deputy or deputies, shall be empowered to
collect all such taxes as may be outstanding & uncollected
at the time of his being chosen to the Office of Treasurer,
such Treasurer & his deputies first giving bonds for the
faithfuU discharge of their duty, in such sums & with such
sureties, as the Selectmen of said town shall think proper.

Sec 2. And be it further Enacted, That the said
Treasurer, may issue his warrant to his deputy or deputies
for the collecting and gathering in, such part of the rates
or assessments, as in his discretion, he shall think proper
to commit to such deputy or deputies, which warrant shall
be in the same tenor with the Warrant, prescribed to be
issued, by the Selectmen or Assessors, for the collecting
and gathering in of the State rates or assessments, mutatis
mutandis. Approved June 18, 1803.

W. Robbins
annexed to
Dunstable.

Accountable for
taxes.

1803. — Chapter 16.

[May Session, ch. 16.]

AN ACT TO SET OFF WILLARD ROBBINS WITH HIS ESTATE FROM
THE TOWN OF GROTON IN THE COUNTY OF MIDDLESEX AND
TO ANNEX THE SAME, TO THE TOWN OF DUNSTABLE IN THE
SAME COUNTY.

Sec 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same,- That Willard Robbins of Groton
in the County of Middlesex, with his Estate, be and
hereby is set off from said town of Groton and annexed to
the town of Dunstable in said County, there to do duty
and receive privileges in the same manner as other inhabi-
tants of the said town of Dunstable.

Sec 2. And be it further enacted, That the said
Willard Robbins shall be holden to pay, and discharge all
legal assessments and Taxes, that have been assessed upon
him, by said town of Groton prior to the passing this Act.

Approved June 18, 1803.

Acts, 1803. — Chapters 17, 18. 479

1803. — Chapter 11,

[May Session, ch. 17.]

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION OF
A TRACT OF LAND ON WHITE-HEAD ISLAND, IN PENOBSCOT-
BAY, FOR A LIGHT-HOUSE.

Section 1st. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and hy
the authority of the same — That there be, and there Land ceded, on
hereby is ceded to the United States of America the juris- ''o°^i^'o°-
diction of ten acres of land, on such part of an Island
called White-head Island, at the entrance of Penobscot
Bay as may be most convenient and suitable for the pur-
pose of erecting a Light-house, and a discription thereof
in writing shall be entered in the Eegistry of deeds in the
County of Lincoln. — Provided however, that if the said
United States shall neglect for the term of four years from
the date of this cession, to erect a Light-house, on some
part of the said ten acres, and after the same shall be
erected shall neglect to keep the same in good repair, and
in a condition useful to navigation, then this cession shall
be void. Provided also, that this Commonwealth shall fu^HeXtion
retain and doth hereby retain a concurrent jurisdiction •"etained.
with the United States, in and over the same ten acres,
so far as that all civil and criminal processes issued under
the authority of this Commonwealth, or of any ofiicers
thereof, may be executed on any part of the same ten acres
ceded as aforesaid, or in any buildings that may be erected
thereon, in the same way and manner as if the jurisdic-
tion had not been ceded as aforesaid.

Approved June 18, 1803.

1803. — Chapter 18.

[May Session, ch, 18.]

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR
INCORPORATING CERTAIN PERSONS FOR THE PURPOSE OF
BUILDING A BRIDGE OVER CONNECTICUT RIVER IN THE
COUNTY OF HAMPSHIRE, AND FOR SUPPORTING THE SAME."

Be it enacted hy the Senate, and House of Representa-
tives in General Court assembled, and by the authority
of the same. That the toll for each waggon, cart, sled,
sleigh or other carriage of burthen, drawn by four beasts,

480 Acts, 1803. — Chapters 19, 20.

passing said bridge, shall be twenty five cents, any thing
in an Act, entitled, "An Act for incorporating certain
persons for the purpose of building a bridge over Con-
necticut River in the County of Hampshire, and for sup-
porting the same," or in an Act in addition to the said
Act, to the contrary notwithstanding.

Approved June 20, 1803.

1803. — Chapter 19.

[May Session, ch. 19.]

AN ACT IN ADDITION TO AN ACT, INTITLED, "AN ACT FOR
INCORPORATING CERTAIN PERSONS FOR THE PURPOSE OF
BUILDING A BRIDGE OVER CHARLES RIVER BETWEEN BOS-
TON, AND CHARL[£]ST0WN."

Be it enacted by the Senate, and House of jRepresenta-
tives, in General Court assembled, and by the authority
of the same, that it shall be law full for the Proprietors
of Charles River Bridge, and they hereby are authorized
and empowered to make the leaves of the Draw, directed
by An Act, entitled, "An Act for incorporating certain
persons for the purpose of building a bridge over Charles
River between Boston, and Charl[e]stown," to be erected,
and kept on said Bridge, thirty feet long, instead of forty-
two feet ; provided, that the wedth of said Draw shall at
no time be reduced. Approved June 20, 1803.

1803. — Chapter 30.

[May SesBlon, ch. 20.]

AN ACT TO INCORPORATE THE PLANTATION CALLED ABBOTS-
TOWN OR NUMBER ONE IN THE COUNTY OF KENNEBECK,
INTO A TOWN BY THE NAME OF TEMPLE.

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 plantation called Abbots-
town or Number One, in the County of Kennebeck,
described in the following bounds, together with the in-
habitants thereon, be, and hereby are incorporated into a
town by the name of Temple ; beginning at a hemlock
tree standing at the northwesterly corner of Farmington ;
thence running south by said Farmington two miles ;
thence south thirteen degrees east one mile and three
quarters of a mile, to a hemlock tree standing at the

Acts, 1803. — Chapter 21. 481

Northeasterly corner of Tyng's township ; thence run-
ning by Tyng's township, south seventy five degrees west,
five miles and one quarter of a mile to a hemlock tree
standing at the northwesterly corner thereof; thence
north ten degrees west, five miles, and one hundred and
fourteen rods to a beach tree ; thence north seventy-five
degrees east, five miles, and two hundred and fifty-eight
rods, to a beach tree standing in the west line of Reed's
township ; thence running south by Reed's township two
miles to the first mentioned bound. And the said town
is hereby vested with all the powers, priviledges and
immunities, which other towns in this Commonwealth
do, or may enjoy by the Constitution and Laws of this
Commonwealth.

Sec. 2d. And be it further enacted, That Benjamin b. whuier,
Whitier esquire, is hereby authorized to issue his War- to*cau"fir8t"^*
rant, directed to some suitable inhabitant of said town of ™'^^^'°^-
Temple, requiring him to notify and warn the inhabitants
thereof, qualified to vote in town aflairs to meet at such
time and place as shall be expressed in his said AVarrant,
to choose all such officers as towns are by law authorized
to choose in [in] the month of March or April annually.

Approved Jmie 20, 1S03.

1803. — Chapter 21.

[May Session, ch. 21.]

AN ACT TO INCORPORATE A PART OF THE PLANTATION
CALLED INDUSTRY IN THE COUNTY OF KENNEBECK, INTO
A TOWN BY THE NAME OF INDUSTRY.

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 part of the plantation Boundaries.
called Industry, in the County of Ivennebeck, contained
within the following l)oundaries, together with the inhab-
itants thereon, be, and hereby are incorporated into a
town by the name of Industry — beginning at the south-
west corner of Starks, thence running south one hundred
and sixty rods, to New Sharon ; thence northwest by New
Sharon five miles ; thence north three miles to New Vine-
yard, so called ; thence east by said New Vineyard four
miles to the northwest corner of Starks ; thence south by
the west line of Starks six miles to the first mentioned
bounds. And the said town is hereby vested with all the

482

Acts, 1803. — Chapter 22.

powers, priviledges and immunities which other towns in
this Commonwealth do or may enjoy by the Constitution
and laws of this Commonwealth.
First meeting. gj,^^ 2d. And be it further enacted, That Samuel
Prescot Esqr. is hereby authorized to issue his Warrant,
directed to some suitable inhabitant of said town of In-
dustry, requiring him to notify and warn the inhabitants
thereof, qualified to vote in town affairs, to meet at such
time and place as shall be expressed in said Warrant, to
choose all such officers as towns in this Commonwealth
are by law required to choose, in the month of March or
April annually. Approved June 20, 1803.

Boundaries.

First meeting.

1803. — Chapter 33.

[May Session, ch. 22.]

AN ACT TO INCORPORATE THE PLANTATION OF OXFORD IN
THE COUNTY OF YORK INTO A TOWN BY THE NAME OF
ALBANY.

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 heretofore
known by the name of Oxford, in the County of York,
as described within the following bounds, together with
the Inhabitants thereon, be, and hereby are incorporated
into a town by the Name of Albany ; beginning at a Pond
at the Northeasterly corner of Waterford, thence North
twenty degrees west, six Miles, and one hundred and
thirty rods to the South line of Bethel ; thence west
twenty degrees South on Bethel line aforesaid five and
half miles, thence South twenty degrees east about seven
Miles to Waterford line ; thence Northerly by said Water-
ford line, to the bounds, first mentioned : — And the said
Town, is hereby vested with all the Powers, priviledges,
and immunities, which other Towns do or may enjoy, by
the Constitution and Laws of this Commonwealth.

Sec. 2d. And be it further enacted, that Ezekiel Mer-
rell Esqr. of Waterford aforesaid, is hereby authorized
to issue his warrant directed to some suitable inhabitant
of said town of Albany, requiring him to notify, and warn
the Inhabitants thereof, qualified to vote in town affairs,
to meet at such time, and place, as shall be expressed in
his warrant, to choose all such town officers, as towns are
by Law required to choose, in the Months of March or
April annually. Approved June 20, 1803.

Acts, 1803. — Chapter 23, 483

1803. — Chapter 33.

[May Session, ch. 23.]

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR
ESTABLISHING A CORPORATION BY THE NAME OF THE
FIFTH MASSACHUSETTS 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 the Proprietors of the Fifth Turnpike au-
Massachusetts Turnpike Corporation be and they are winc^hestlr,™
hereby authorized and empowered to lay out and make a wick' Ma^.*"^'
Turnpike road from the line of the town of Winchester
in the State of New Hampshire to the Turnpike road
leading through Warwick, and the same proceedings shall
be had in laying out said road — where the land cannot
be obtained by voluntary consent as is provided in the
Act, entitled "An Act for establishing a Corporation by
the name of "The Fifth Massachusetts Turnpike Corpo-
ration."

Sec 2. Be it further enacted. That when the road ^TkeSetoiTe"
aforesaid shall be made and accepted by a Committee "^o^ed.
appointed for that purpose by the Court of General Ses-
sions of the peace for the County of Hampshire the pro-
prietors of said Corporation shall be allowed to move the
Gate which now stands in Warwick to Orange, east of
where the road from Winchester shall intersect the pres-
ent Turnpike road.

Sec 3. Be it further enacted. That if any person Penalty for
shall cut or fall any tree into the Turnpike road, or shall fnYuHngS!
lay any timber, boards, rails, sticks or stones whatever,
which shall be an obstruction to the Travellers, or an in-
jury to the Proprietors in maintaining or repairing the
road, he shall forfeit and pay to the use of the Corpora-
tion for every such oflence a sum not exceeding Ten Dol-
lars, nor less than One Dollar, to be recovered by an
Action of Trespass on the Case before any Justice of the
Peace in the County where the Offence is Committed.

Api^roved June 21, 1803.

484

Acts, 1803. — Chapters 24, 25.

Boundaries.

First meeting.

1803. — Chapter 24.

[May Session, ch. 24.]

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

Be it enacted by the Senate and House of Repi^esenta-
tives in General Court assembled and by the authority of
the same. That the Selectmen of the Town of Cambridge,
be, and they hereby are authorized and empowered, at
any time after the passing of this Act, to appoint, (if
they sliall judge it necessary) any number of Men, not
exceeding six to eacli Engine in addition to the Number
now allowed by Law, to be subject to the same rules, and
regulations, and entitled to the same privileges, and ex-
emptions, as other engine men.

Approved June 21, 1803.

1803. — Chapter 25.

[May Session, ch. 25.]

AN ACT TO INCORPORATE THE TOWNSHIP CALLED NUMBER
SIX, ON THE EASTERN SIDE OF PENOBSCOT RIVER, IN THE
COUNTY OF HANCOCK INTO A TOWN BY THE NAME OF
SURRY.

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 the township called number Six,
on the eastern Side of Penobscot River, in the County of
Hancock, bounded as follows, Vizt. on the West by the
town of Bluehill and Bluehill-bay ; on the North by the
towns of Penobscot and Elsworth ; and on the East &
South by Union River and Union River Bay ; with the
Inhabitants thereon, be, and they hereby are incorporated
into a town by the name of Surry, and the said town is
hereby Vested with all powers, privileges and immunities
which other Towns in this Commonwealth do, or may by
law enjoy.

Sec 2. And be it further enacted that Melatiah Jor-
dan Esqr. be and he hereby is empowered to issue his
Warrant, directed to some suitable Inhabitant within said
Town, requiring him to warn a meeting of the Inhabitants
thereof, to meet at such time and phice 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 months of March & April annually.

Approved June 21 y 1803.

Acts, 1803. — Chapter 26. 485

1803. — Chapter 36.

[May SeBsion, ch. 26.]

AN ACT TO INCORPORATE THE PROPRIETORS OF THE SALT
MARSH IN THE EASTERLY PART OF MEDFORD, TO MAKE
AND MAINTAIN A DYKE AND FENCE FOR THE BETTER IM-
PROVING THE SAME.

Sect. 1st. Be it enacted by the Senate & House of
Representatives^ in General Court assembled, and by the
authority of the same. That from and after the passing of fra°ct of ma^r^h *
this Act, all the Proprietors of a tract of Salt Marsh sit- incorporated.
uate in the easterly part of Medford aforesaid, Beginning
at Maiden line and running westerly by the land of An-
drew Hall, Joseph Wheelwright & Simeon Holt to the
Brick landing Place on Mistick Kiver, and otherways
bounded by said River, Comprising all the Marsh within
said bounds, Be and hereby are incorporated with all the
powers and priviledges incident to similar Corporations.

Sect. 2d. And be it further enacted, That the man- Manner of caii-
ner of calling meetings of the said proprietors shall be ofthepropri-
by an application in writing from five or more of said ^**"^*"
Proprietors to any Justice of the Peace in the County of
Middlesex, who is hereby impowered and directed, to
Issue his warrant to one of said proprietors to meet at
such time and place as he shall think most convenient,
and for the purposes to be expressed in said Warrant, and
Copies of said warrant with the notification thereon, shall
be posted up at the House of Public Worship in said
Medford, and at the Houses of Public Worship in each
Town where any of the said Proprietors may dwell, ten
days at least before the time of holding said meetings,
and the said proprietors, or the major part of such of
them as shall be assembled at any legal meeting called as
aforesaid, shall have power to choose a Clerk, Committee, officers which
assessors, collector or Collectors of Taxes, and Treas- mY their °*^
urer, who shall be sworn to the faithful discharge of the p*>^^"-
Trust reposed in them, and continue to serve until others
are chosen and sworn in their place, which may be an-
nually or as often as occasion may require, which officers
so chosen and sworn, shall have the same power to per-
form, execute, and carry any vote or order of said corpo-
ration into as full eftect as Town officers of like description
have by law to do and perform. And the said corporation

486

Acts, 1803. — Chapter 27.

A dyke may
be made and
monies raised.

Taxes may be
assessed and
the marsh of
delinquent
proprietors
sold.

shall have power to erect and make a Dyke of sufficent
highth and width on the North bounds of said Marsh be-
ginning at Maiden line and running westward by the land
of said Andrew Hall, and others, so far as a Dyke may
be found necessary, and to erect and keep in repair such
a fence as the said proprietors may at a legal meeting
agree to have, where a fence may be found necessary :
And at any legal meeting called for the purpose, may
vote and raise monies to defray the necessary expence of
such dyke & fence and 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 effect. And
all monies raised as aforesaid, shall be assessed upon
each proprietor in the Marsh aforesaid, in proportion to
the number of Acres he or she may own, and if any pro-
prietor shall refuse or neglect to pay the sum or sums
assessed upon him or her as aforesaid after Sixty days
notice, so much of his or her marsh shall be sold as will
be sufficient to pay the same with costs, notice of such
sale to be given by posting up advertisements thereof at
the houses of Public Worship in the Towns where such
delinquent proprietors dwell, three Weeks prior to the
Sale, with the names of the proprietors the amount of
the Taxes assessed on their Marsh respectively, and also
the time & place of sale, and if no person sliall appear
thereupon to discharge the said Taxes & all necessary in-
tervening charges, then the Collector shall proceed to sell
at auction, to the highest bidder so much only of said
Marsh as shall be sufficent to discharge said Taxes, and
the necessary intervening charges, and shall give and ex-
ecute a deed or deeds to the purchaser or purchasers, his
or her heirs or assigns, expressing therein the cause of
such sale. Approved June 21, 1803.

1803. — Chapter 27.

[May Session, ch. 27.]

AN ACT TO CHANGE THE FREE SCHOOL IN THE NORTH PAR-
ISH OF ANDOVER INTO AN ACADEMY BY THE NAME OF
FRANKLIN ACADEMY.

Whereas the Trustees of the Free School in the JVorth
Parish of Andover have petitioned this Court to change
the name of said Free-School and to erect the same into
an Academy:

Acts, 1803. — Chapters 28, 29. 487

Be it enacted hy the Senate & House of Representa-
tives in General Court assembled & hy the authority of the
same, that the said Free School, be, and the same hereby
is erected into an Academy by the name of Franklin
Academy, and that the Trustees of the said school shall be
hereafter stiled the Trustees of Franklin Academy in all
cases whatsoever. Approved June 21 , 1803.

1803. — Chapter 28.

[May Seesion, ch. 28.]

AN ACT TO SET OFF ONE MILE OF THE SOUTHERLY PART
OF THE TOWN OF HAWLEY IN THE COUNTY OF HAMP-
SHIRE AND TO ANNEX THE SAME TO THE DISTRICT OF
PLAINFIELD IN THE SAME COUNTY.

Sec. 1. Be it enacted hy the Senate <& House of Rep-
resentatives in General Court assetnhled, and hy the Au-
thority of the same, That One Mile of the Southerly part Boundaries of
of the town of Hawley as described by the following lines
& bounds, together with the Inhabitants thereon, be, and
hereby is set off from the said town of Hawley, and an-
nexed to the District of Plainfield, vizt. Beginning at the
Northwest corner of Plainfield aforesaid, thence running
westerly on the line between Hawley and Windsor, to the
Southwest corner of Hawley, thence northerly on the line
between Hawley and Savoy, One Mile, thence Easterly
by a line drawn parallel with the North line of Plainfield,
till it strikes the west line of Ashfield ; thence Southerly
on Ashfield line, to the Southeast corner of Hawley.

Sec 2. And Be it further enacted, That the land ge7th!rtax;8.
with the Inhabitants thereon, by this Act set ofi^" from the
town of Hawley, and annexed to the District of Plainfield,
shall be hold en to pay all such taxes, as are now due, or
which have been ordered to be assessed on them by the
Said town of Hawley, prior to the date of this Act, in the
same manner, as they would have been, if this Act had
not been passed. Approved June 21, 1803.

1803. — Chapter 39.

[May Session, ch. 29.]

AN ACT TO AUTHORISE THE RAISING OF A FUND FOR THE SUP-
PORT OF A SCHOOL IN THE TOWN OF LIVERMORE IN THE
COUNTY OF CUMBERLAND.

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

488

Acts, 1803. — Chapter 29.

Trustees.

Incorporating
clause.

President and
clerk may be
chosen.

Number of

trustees

limited.

Annual meet-
ings to be held.

FirBt meeting.

Authority of the same, That Elijah LivermoreEsqr., Major
David Learned, Ransom Norton, Capt. Jesse Stone, Gil-
bert Hathaway, Thomas Coolidge, and Isaac Livermore,
be and hereby are appointed Trustees to sell the School
land in said Town of Livermore and to put out at interest
the monies arising from such Sale in manner hereafter
mentioned.

Sec. 2. Be it further enacted, that the said Trustees
be and they hereby are incorporated into a body politic
by the name of The Trustees of the School Funds in the
town of Livermore 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, Per-
sonal, and mixed, and prosecute and defend the same to
final Judgment & Execution.

Sec. 3. Be it further enacted, that the said Trustees
and their successors shall and may at any legal meeting
annually elect a President, and Clerk to record the doings
and transactions of the Trustees, and also a Treasurer to
receive and apply the Monies of the said Corporation as
herein after directed ; and any other needfuU Officers for
the better managing their business.

Sec. 4. Be it further enacted, that the number of
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 numbers which
may happen by death, resignation, or otherwise, from the
Inhabitants of said town & shall also have power to remove
any of their number who may become unfit and incapable
from Age, infirmity, misconduct or any other cause, to
discharge his 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
for the Choice of Officers, and as much oftener as may be
found necessary to transact their business, which meeting,
after the first, shall be called in such way and manner as
the Trustees shall direct.

Sec. 5. Be it further enacted, that Elijah Livermore
Esqr. be and hereby is authorised to fix the time & place
for holding the first meeting of the Trustees, and to notify
each Trustee thereof accordingly.

Acts, 1803. — Chapter 29. 489

Sec. 6. Be it further enacted, that the said Trustees Trustees to sen
be, and they hereby are Authorised to sell & convey in fee lands'^. °°
simple all the School lands belonging to said Town, and to
make and execute a good & sufficient deed or deeds thereof,
which deed or deeds subscribed by 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 whatsoever.

Sec. Tth. Be it further enacted, that the monies aris- Monies to be
ing from the sale of said Lands shall be put at interest as ^"' *' 'nteres .
soon as may be, & secured by mortgage of Real Estate to
the full value of the Estate sold, or by two or more suffi-
cient securities with the Principal, unless the Trustees
shall think it best to invest the same in publick funded
securities or Bank stock of this Commonwealth, which
they may do at their Election.

Sec. 8. Be it further Enacted, that the interest arising The interest i
from time to time on such monies shall be annually, or Interest?"
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, until a fund shall be accumulated which shall yield
annually the sum of One hundred and fifty dollars.

Sec. 9. Be it further enacted, that as soon as an Appropriation
Interest to that amount shall accrue, the Trustees shall uamounu'to'a
annually apply the same towards the support of a School certain sum.
in said Town, and it shall never be in the power of said
Town to alienate, or anywise diminish the funds afore-
said.

Sec. 10. Be it further enacted, that the Clerk of said Treasurer to

. "^ , ' , give bonds.

Corporation shall be sworn previous to his entering on the
duties of his Office, and the Treasurer of the Trustees shall
give bonds faithfully to perform his duty, and to be at all
times responsible for the faithful application & appropri-
ation of the monies which may come into his hands, con-
formable to the true intent and meaning of this Act, and
for all negligence or misconduct of any kind in his Office.

Sec. 11. Be it further enacted, ^\2X the Trustees or officers not to
their Officers for the Services they may perform shall be fr^on°theTu*nds.
intitled to no compensation out of any monies arising
from the funds aforesaid, but if intitled to any, shall have
and receive the same from said Town as may be mutually
agreed on.

490

Acts, 1803. — Chapter 30.

Annual state-
ment to be
exhibited.

Trustees re-
Bpouhible for
negligence.

Sec. 12. Be it further enacted, that the said Trustees,
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. 13. ' Be it further enacted, that the said Trustees,
and each of them. Shall be responsible to the Town for
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 from such
suit to be for the use aforesaid.

Ajjproved June 21, 1803.

Part of former
act repealed.

Width of road.

Certain pro-
ceedings con-
firmed.

1803. — Chapter 30.

[May Session, ch. 30.]

AN ACT IN ADDITION TO AN ACT PASSED THE FIFTH DAY
OF MARCH IN THE YEAR OF OUR LORD ONE THOUSAND
EIGHT HUNDRED AND THREE, ESTABLISHING THE CHESTER
TURNPIKE CORPORATION, AND FOR REPEALING CERTAIN
CLAUSES THEREIN CONTAINED.

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 clause in the first Section
of the Act passed on the fifth day of March in the Year
of our Lord one thousand eisjht hundred and three enti-
tied an Act establishing the Chester Turnpike Corpora-
tion, requiring, that the path to be travelled on the said
Turnpike road shall not be less than twenty two feet in
width in any place, where it is practicable to make the
same, be and the same is hereby repealed.

Sec. 2d. And be it further enacted, that the path of
the aforesaid Turnpike road to be travelled on, shall not
be less than eighteen feet wide in any place or part
thereof.

Sec. 3d. And be it farther enacted, That ail the pro-
ceedings of the said Chester Turnpike Corporation here-
tofore had at any meeting of the same, be, and hereby
are ratified and Confirmed in the same manner as if the
first meeting of the said Corporation had been held on the
second Monday of April last in conformity to the sixth
Section of the said Act to w^hich this is an Addition, any
thing in the said Act to the Contrary notwithstanding.

Approved June 21, 1803.

Acts, 1803. — Chaptees 31, 32. 491

1803. — Chapter 31.

[May Session, ch. 31.]

AN ACT TO INCORPORATE THE PLANTATION, CALLED RAY-
MOND, IN THE COUNTY OF CUMBERLAND INTO A TOWN BY
THE NAME OF RAYMOND.

Sec. 1. Be it enacted by the Senate, and House of
Bejwesentatives, in General Court assembled, and by the
authority of the same, that the Plantation of Raymond, Boundaries,
in the County of Cumberland, bounded as follows ; vizt.
beginning at the Northwesterly corner bounds of Wind-
ham, and extending due North-East seven Miles, and one
half; thence on a Northwest course, seven, and an half
miles ; thence from the first mentioned bounds extending
up the North-east side of Sabago Pond, as the Pond runs,
until a North-east line shall terminate at the head of
seven, and half miles on the North-east side line ; with
the inhabitants thereon, be, and they hereby are incorpo-
rated into a Town by the Name of Raymond ; and the
said Town is hereby vested with all the Powers, Privi-
ledges, and Immunities which other Towns in this Com-
monwealth, do, or may by Law enjoy.

Sec. 2d. A7id be it further enacted, that John K. Smith ^*"* meeting.
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 Months of March and April annually.

Approved June 21, 1803.

1803. — Chapter 33.

[May Session, ch. 32. J

AN ACT TO ANNEX AN ISLAND, SITUATE IN CHARLES RIVER,
BETWEEN THE TOWNS OF NEEDHAM IN THE COUNTY OF
NORFOLK, AND NEWTON, IN THE COUNTY OF MIDDLESEX,
TO THE SAID TOWN OF NEWTON.

Be it enacted by the Senate and House of Bepresenta-
tives in General Court assembled, and by the Authority of
the same. That the Island situate in Charles River, be-
tween the towns of Needham in the County of Norfolk,

492

Acts, 1803. — Chapter 33.

and Newton in the County of Middlesex, about one quar-
ter of a Mile below the upper Falls so called in said
River, being the same Island, upon which the Newton
Iron Work Company have erected their Manufactory, be,
and hereby is annexed to said town of Newton, and incor-
porated therewith, and forever hereafter shall be consid-
ered as a part of the Same. Approved June 21, 1803.

Boundaries.

Certain minis-
terial and
school lands
to be divided.

First meeting.

1803. — Chapter 33.

[May Session, ch. 33.]

AN ACT TO INCORPORATE THE EASTERLY PART OF A TRACT
OF LAND IN THE COUNTY OF CUMBERLAND WHICH WAS
GRANTED TO JONATHAN HOLMAN AND OTHERS ON THE
NORTH SIDE OF ANDROSCOGGIN RIVER, WITH THE INHAB-
ITANTS THEREON, INTO A TOWN BY THE NAME OF DIXFIELD.

Sec 1st. Be it enacted by the Senate and House of
Representatives in Geiieral Qourt assembled, and by the
authority of the same That the hereafter described lands
within the following bounds viz, beginning at the westerly
line of Jay on the north bank of Androscoggin river,
thence running north forty degrees east by said Jay six
miles, to a beach tree ; thence running north sixty eight
degrees west, partly by Tyngtown, and partly by land
sold by this Commonwealth to Messrs. Phillips, Abbot
and others, eight miles, or untill it comes to the center
of Webb's River ; thence running southerly, through the
center of said Webb's River, about six miles, and untill it
comes to Androscoggin River ; thence running easterly
by said Androscoggin river about six miles, or untill it
comes to the west line of Jay, being the bounds first men-
tioned, with the inhabitants thereon, be, and the same
hereby are incorporated into a town by the name of
Dixfield.

Sec 2d. And be it further enacted, That the ministerial
and school lands which were granted by this Common-
wealth, and lie in the aforesaid grant of land, shall be
divided between said town of Dixfield, and the remaining
part of said tract, lying westerly of said town, in equal
proportions, according to the quantity of land contained
in said town, and in the remaining tract lying westerly
thereof.

Sec 3d. And be it further enacted. That any Justice of
the peace in the County of Cumberland, be, and he hereby
is empowered & required to issue his Warrant, directed

Acts, 1803.— Chapters 34, 35. 493

to some principal inhabitant of said town of Dixfield, re-
quiring him to notify and warn the inhabitants of said
town, qualified to vote in town affairs, to assemble at
such time and place in said town, as shall be expressed in
said Warrant, to chuse all such officers as other towns
within this Commonwealth are by law authorized and re-
quired to choose in the month of March or April annually.

Approved June 21, 1803.

1803. — Chapter 34.

[May Session, ch. 34.]

AN ACT TO ALTER THE LINE BETWEEN THE TOWNS OF LYNN
AND CHELSEA.

Whereas Abijah Boardman hath petitioned this Court,
that the line dividing the towns of Lynn in the County of
Essex, and Chelsea in the County of Suffolk, may be so
far altered as to include his dwelling house and the land
under the same, wholly in the said town of Chelsea.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That the limits of the said towns of Lynn and
Chelsea, and of the said Counties of Essex and Suffolk be,
and they hereby are so far changed and altered as to in-
clude the said land & building thereon, in the said town
of Chelsea in the said County of Suffolk ; and the same
land and building shall hereafter be subject to all duties
and taxes, and possess all the privileges and rights which
the other land and houses in said town of Chelsea are
subject to, and possess. Approved June 21, 1803.

1803. — Chapter 35.

[May Session, ch. 35.]

AN ACT IN ADDITION TO THE ACT, ENTITLED, "AN ACT FOR
INCORPORATING LUTHER EAMES AND OTHERS INTO A SO-
CIETY FOR THE PURPOSE OF BRINGING FRESH WATER INTO
THE TOWN OF BOSTON BY SUBTERRANEOUS PIPES."

Whereas in and by an Act, entitled, " an act for incor- Preamble.
porating Luther Eames and others into a Society for the
purpose of bringing fresh water into the Town of Boston
by subterraneous pipes, no authority is given to the said
Corporation to enter upon the corporate, or private Estate
of any person or persons^ without a free and voluntary

494

Acts, 1803. — Chapter 35.

Authorized to
enter upon
and improve
any estate
within certain
boundaries.

contract with the proprietor of such Estate ; by reason of
which restriction of Poiver, the said Corporation have been,
and still are exposed to many inconveniences^ and the im-
jwrtant pu7poses of the association, thereby greatly retarded
and embarrassed:

Be it therefore enacted by the Senate, and House of
Representatives, in General Court assembled, and by the
authority of the same, that the said corporation be, and
they are hereby authorized and empowered, for the pur-
pose of extending and accomodating their works, in order
to the bringing of fresli water into the town of Boston,
according to the original design of said incorporation,
to enter upon, and improve for the laying down of sub-
terraneous pipes, the corporate or private Estate of any
person, town or corporation whatsoever, within the fol-
lowing boundaries, to wit, at and from the road near a
bridge, which is a little to the EastAvard of the Punch
Bowl tavern in Brookline, and thence through the Marshes,
or in such direction, as may be deemed eligible, and con-
venient by said Corporation unto the lioad on Boston
Neck, near to Mr. Blaney's house, now so called ; and the
said Corporation are hereby empowered to take, hold,
purchase, or improve, for the purpose of laying dow^n sub-
terraneous pipes as aforesaid, any Land, not exceeding
Five-feet in width, through the whole distance before
mentioned ; and shall at all times have free ingress and
egress into and from the same ; in order to lay down, in-
Damagestobe spcct, rcucw and repair the said pipes; on condition,
however, that the said Corporation shall be holden to pay
all damages which shall arise to any person or Body poli-
tic by the taking, holding, and improving of the Land
aforesaid, for the purposes aforesaid ; and where the Land
aforesaid, or the improvement thereof as aforesaid, cannot
be obtained by voluntary agreement, then the said damages
to be estimated and settled by a Committee appointed by
the Court of General Sessions of the Peace for the County
wherein said Lands or Estate may be situated ; saving to
either party the right of tryal by Jury, according to the
Law which provides for the recovery of damages accruing
by laying out public highw^ays : Provided nevertheless,
that the said Corporation, after having opened any of the
ground aforesaid for the purposes aforesaid, shall be
holden to put the same again in repair, under the penalty
of being prosecuted for a nuisance ; — AmU provided also,

paid

Proviso.

Acts, 1803. — Chapter 36. 495

that nothing in this act shall be construed to give the said
corporation a right to pull down, dig under, or encroach
upon any building already erected, nor to break up or en-
croach upon any cellar already dug; and provided also. Claims for
that all complaints, claims, and demands for damages as exhlbueV"
aforesaid, to be estimated as aforesaid, shall be entered, months'!'^*''^^
made or prefered by the person or persons entitled to de-
mand the same, Avithin twelve months from the time when
the ground shall have been taken up, opened or first im-
proved in manner as herein before mentioned.

Approved June 22, 1803.

1803. — Chapter 36.

[May Session, ch. 36.]

AN ACT FOR INCORPORATING GIBBINS SHARP AND OTHERS,
INTO A SOCIETY, BY THE NAME OF "THE MEMBERS OF THE
NEW NORTH RELIGIOUS SOCIETY, IN THE TOWN OF BOSTON."

Sec. 1. Be it enacted by the Senate and House of
Reiwesentatives, in General Court assembled, and by the
authority of the same, That Gibbins Sharp, John Simpkins, society incorpo-
Joseph Kettle, and such others as were proprietors of auowedtohoid
Pews in the old Meeting House in said Boston, called the restrfctk.n!"*
New North Meeting House, lately taken down, together
with such others as may become proprietors of Pews in
the new Meeting House, now erecting on the same place,
be, and they hereby are incoi'porated and declared to be
a Body corporate and politic by the name of " The Mem-
bers of the New North religious Society in the Town of
Boston," and by that name shall be capable and liable to
purchase, to take, and to hold any Estate, real, personal
and Mixed, for the purpose of supporting public Worship
and a Teacher or teachers of Piety, religion and Morality,
and to sue and be sued in any Actions, real, personal or
Mixed, and otherwise to do and suffer as other bodies poli-
tic generally may; pr'ovided, that the whole Estate, real
and personal, of the said Corporation shall not exceed, in
its annual income, the sum of Three thousand Dollars,
exclusive of their House of Public Worship.

Sec. 2. Be it further enacted, that the said Society Authorized to
shall have power, and they are hereby authorised to make niiAeacherf *
Contracts with any teacher or teachers of piety, religion graml^to'thdr
and morality for his support and maintenance durino; his widows or

. A I \ 1 1 orphans.

contmuance as teacher, to make any permanent or annual

496 * Acts, 1803. — Chapter 36.

grant to any such teacher ot teachers, and to make any
grant to the Widow or Orphans of any such their deceased
teacher or teachers, at any time when they see cause so to
do, and shall have power to lay and assess such taxes from
time to time on the Pews in their House of Public Worship
as they shall think proper for the foregoing purposes, and
also for the building, finishing, and from time to time re-

Proviso. pairing their House of Public Worship — Provided, that

all, or any, & every such Act or thing shall be done at
their annual Meeting, which shall be on the first Wednes-
day of May in every year, or at a meeting specially called
for the purpose, of which notice shall be given on the two
Sabbaths immediately preceeding the meeting.

Treasurer, g^c. 3. And be it fuHlier enacted, that "the said So-

clerk, aBsessors, , , 'J ^ i n i m

&c. lobe ciety, at their annual meetmo;, shall choose a Treasurer,

Clerk, Assessors, Collectors and all such Officers as they
may think necessary for conducting and managing the
affairs of the Society, either by Ballot or otherwise as
they may think proper, and in case of a vacancy in any
Office by death resignation or otherwise, they shall have
power to fill said vacancy at any meeting called for the

Proviso. purpose according to this Act. — Provided, and it is

hereby declared, that no person, merely from attending
on public worship at said House and hireing a seat or pew
therein, shall be considered as a Member of said Society,
so as to be entitled to Vote at any meetings of said Society.

House of wor- Qec. 4. And he it further enacted, That the building

ship to be vested /• ti i t txf i • i • i • i i-i •

in fee; pews to or Housc ot Public Worship wuich said Society are now

be considered .. ijii i i !••• iii • ±

personal estate, crccting, and tfic land under, adjoining, and belonging to
the same shall be, and hereby is declared to be vested in
fee in the said Society, by the said name. — And the Pews
in the said House shall be personal Estate, and shall be
held liable to the payment of all taxes assessed on the
same by the said Society, and shall accordingly be seized,
taken and sold for the payment of the same, and all
charges incurred thereby, in such manner and on such
contingencies & conditions as the said Society shall agree
upon, which shall be summarily contained in the Deed or
conveyance of the Pews, and the taxes shall be considered
a Lien upon said Pews.
fxchange°^ai ^EC. 5. And bc it further enacted, that the said Society
estate. shall liavc powcr at any time to sell or exchange any Real

Estate, when they shall, at any meeting called for the pur-
pose, agree thereto, or may invest any personal gift or be-

Acts, 1803. — Chapter 37. 497

quest in Real Estate, Provided the income of the same be
appropriated accordiog to the Will of the Donor.

Sec. 6. And be it further enacted^ that the first meet- Time of holding
ing of the said Society shall be on the second Wednesday
of July next, and shall be notified after divine service on
the two Sabbaths immediately preceeding the meeting;
and at the said meeting they shall choose a Committee of
twelve persons (which Committee may be the Assessors)
the signatures of whom, or the majority of whom, to any
Acts, or Deeds of the Society shall be valid and binding on
the said Society, if previously agreed to at any legal meet-
ing of the Society. Approved June 22, 1803.

1803. — Chapter 37.

[May Session, chi. 37.]

AN ACT TO PROVIDE FOR THE PAYMENT OF PART OF THE
STATE DEBT.

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 Treasurer of this Common- a fifth part of
wealth be, and he hereby is directed and empowered to p^ald!^*"'"'^^
pay, on the first day of January next, one fifth part of the
debt due from this Commonwealth on notes issued in con-
formity to an Act passed the twenty-fourth day of June,
one thousand eight hundred and two, entitled, "An Act
making provision for the payment of part of the State
Debt," in addition to the interest which shall then have
accrued thereon.

Sec. 2d. And be it further enacted, That the Treas- New notes to be
urer shall issue new notes to the several holders of the '*^"^'*-
notes aforesaid, for the balance which shall be due to them
after deducting and paying ofl" 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. 3d. And be it further enacted. That all the Money
money now in the hands of the Treasurer, or which may ^pp'^op"^'^^-
hereafter come into his hands, be appropriated to the pur-
poses aforesaid, excepting such sums as may be necessary
for defraying the expenses of Government, and such as
have been, or may be otherwise apjoropriated by law.

Sec. 4th. And be it further enacted. That the Treas- The treasurer
urer of this Commonwealth be, and he is hereby author- borrow^'*'"
ized and directed to borrow of the President and Directors

498

Acts, 1803. — Chapter 38.

Form of note.

of the Union or Boston Bank, any sum not exceeding One
hundred thousand dollars, that may at any time be neces-
sary for carrying into eflect the purposes of this Act ;
and to repay the sum he may borrow, as soon as money
sufficient for that purpose shall be received into the Treas-
ury, and not otherwise appropriated.

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

No. [ ]. Commonwealth of Massachusetts, 18 .

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 four inclusively, pay-
able 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 22, 1803.

Persons Incor-
porated.

Corporate
name.

Course of the
road.

1803. — Chapter 38.

[May Session, ch. 38.]

AN ACT TO ESTABLISH A CORPORATION, BY THE NAME OF
THE BOSTON AND HAVERHILL TURNPIKE CORPORATION.

Sect. 1st. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that Bailey Bartlett, Nathaniel
Marsh, Francis Carr, Nathaniel Thurston, James Duncan,
David Hows Moody Spafford, and all such persons as are,
or may hereafter l)e associated with them, & interested in
said fund, and their successors, shall be a Corporation by
the name of The Boston and Haverhill Turnpike Corpo-
ration, & shall by that name sue & be sued, & shall have
a Common Seal, & enjoy all the powers and privileges,
which are by Law incident to corporations for laying out
and making Turnpike roads, & keeping the same in re-
pair ; that is to say Begining at Haverhill Bridge (so
called) and from thence to be continued in a course South
about three Degrees West, as nearly as possible, through
the towns of Bradford, Boxford, Andover, Reading, &
Lynnfield, to Maiden Bridge.

Acts, 1803. — Chapter 38. 499

Sec. 2d. And be it further enacted, that the above- First meeting;
mentioned persons, or any three of them, may by an ad- cho'sen'- rules
vertizement in the Newspaper, printed in Haverhill, and established.
in the Palladium printed in Boston, call a meeting of the
said Proprietors, to be holden at any suitable time &
place, after fifteen days from the publication of said ad-
vertisement ; and the said Proprietors, l)y Vote of the
majority of those present or represented at the said meet-
ing, (in all cases counting & allowing one Vote to each
single share,) shall choose a Clerk, who shall be sworn to
the feithful dischurge of his duty, and who shall agree on
a method lor calling future meetings; and at the same or
any subsequent meeting, may make and establish any
rules & regulations that shall be necessary & convenient
for regulating the said Corporation ; for effecting, com-
pleating, & executing the purposes aforesaid ; or for col-
lecting the Toll hereafter granted, & the same rules &
regulations may cause to be kept & executed, or for the
breach thereof may order and enjoin fines and penalties,
not exceeding Thirteen Dollars for any breach thereof:
Provided such rules & regulations are not repugnant to
the Constitution and Laws of this Commonwealth. And
the said Proprietors may also choose and appoint any
other officer or officers, 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 & recorded by the Clerk ; and this Act
and all rules, regulations &, votes of the said Corporation,
shall be fairly and truly recorded by the said Clerk, in a
book or books, for that purpose to be provided and kept:
Provided also, that no one proprietor in this Corporation
shall have more than ten votes.

Sect. 3u. And be it farther enacted, that said Corpo- oorporatiou
ration may purchase and hold any land, over which they "u7h'o'id''iin*d.
may make said road ; & the Justices of the Court, of
general sessions of the Peace, in the respective Counties,
thro' which it passes, are hereby authorised, on applica-
tion from the said Corporation to lay out such road, or
any part thereof, within their respective jurisdictions, as
wiih the consent of the said Corporation, they may think
proper. And the said Corporation shall be holden to pay Liable for
all damages, which may happen to any person by taking
his land for such road, where it cannot be obtained by
voluntary agreement, to be estimated by a Committee

500

Acts, 1803. — Chapter 38.

Width of road.

Three gates
allowed.

Toll estab-
lished.

Proviso.

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 tryal by Jury, according to the
Law which makes provision for the recovery of damages,
happening by laying out public highways.

Sect. 4th. And be it jiirtlier enacted, that the same
Turnpike road shall be laid out & made by the said Cor-
poration of sufficient width in every part thereof, for the
accommodation of the Public ; that is to say, four rods
wide, thro' the whole of said road ; 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
when the said Road shall be sufficiently made from said
Haverhill, to Maiden-Bridge, and shall be so allowed by
any three men, to be appointed by his Excellency the
Governor of this Commonwealth, & whom his Excellency
is hereby authorised to appoint for that purpose, then the
said Corporation shall be authorised to erect three Turn-
pike 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, hereto-
fore travelled, and shall be entitled to receive at each of
the said Gates, from each traveller or passenger the fol-
lowing rate of toll, to wit : For every Coach, Phaeton,
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 & 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 & an half cents, & if drawn by more than two, an
additional sum of three cents for each horse ; for every
sled or sleigh drawn by one horse ten 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 and carriages, one cent each ; for all sheep
& swine, three cents by the dozen, & in the same propor-
tion for a greater or less number ; Provided that the Gen-
eral Court may hereafter otherwise regulate the Tolls to

Acts, 1803. — Chaptek 38. 501

be paid by Carts and Waggons, according to the width of
the fillies of the wheels on which they shall run, and the
burdens which they shall carry.

Sect. 5. Ayid be it further enacted, that if the said dliayi'Jg^t*rav-
Corporation, or their toll gatherer, or others by them ^|,"e'j,"°r^g
employed, shall unreasonably delay or hinder, any passen- covery.
ger or traveller, at either of said gates, or shall demand
or receive, more toll than is by this Act established, the
corporation shall forfiet cfe 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 such oflence
may 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 said Corporation, by leaving a Copy of
the same with the Treasurer, or some individual member
of said Corporation, living in the County, where the said
action may be brought, or by reading the same 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 said Corporation, and the said
Corporation shall be liable to pay all damages, that may
happeh 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
keeping the same in good re})air.

Sect. 6. And he it further enacted, that if any Penalty for
person, shall cut, break down, or otherwise injure or de- or road,
stroy, either of said gates, or shall dig up, or carry away
anj earth, from the said Road, or in any manner damage
the same ; or shall forcibly pass, or attempt to pass said
gates by force, without first having paid the legal toll at
such gate, such person shall forfeit & pay a fine not ex-
ceeding Fifty Dollars, nor 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 Penalty for
person, with a team. Cattle or horses, turn out of said evade the tou.
road, to pass any of the turnpike gates aforesaid, & again
enter on said road, with an intent to avoid any toll estab-
lished as aforesaid, such person shall forfeit & pay the
sum of two dollars to be recovered by the Treasurer
aforesaid, to the use aforesaid, in an action of Debt : Pro- proviso.
vided, that nothing in this act, shall extend to entitle the

502

Acts, 1803. — Chapter 38.

Shares to be
deemed per-
sonal estate ;
mode of
attachment
prescribed.

Account of cost
and annual
etatemenis to
be exhibited.

Shares of delin-
quents may be
sold.

said Corporation, to demand or receive toll of any per-
son, 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, pass-
ing on Military duty.

Sect. 7. And be it further enacted, that the shares
in said road shall be deemed personal estate, to all in-
tents & purposes & shall be transferable by Deed, duly
acknowledged before any Justice of the Peace, & recorded
by the Clerk of the said Corporation, in a book, for that
purpose, to be provided & kept. And when any such
share shall be attached on mesne process, or taken in ex-
ecution, 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 judgment creditor, leaving a copy of such exe-
cution, with the return thereon, with such Clerk, within
fourteen days after such sale, & paying for the recording
thereof, shall be deemed a sufficient transfer of the same.

Sect. 8. And be it further enacted, that the said Cor-
poration shall within six months after the said turnpike
road shall be compleated, lodge in the Secretary's Office,
an account of all the expences of completing the said
road; and the said Corporation shall annually 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 ; & the books of the said
Corporation, shall at all times be subject, to the insi)ection
of a Committee, to be appointed by the General Court, or
to the inspection of the Governor & Council when called
for.

Sect. 9. And be it further enacted, that whenever any
proprietor shall neglect or refuse, to pay any tax or as-
sessment, duly voted & agreed upon, by the said Corpo-
ration, 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 pr6prietor,
one or more, as shall be sufficient to defray said taxes, &

Acts, 1803.— Chapter 38. 503

necessary incidental charges, after duly notifying, in one or
more public Newspapers, printed in the County of Essex,
& in the News paper printed in Boston by the Printers of
the General Court, the sum due on such shares & time
and place of sale, giving at least thirty days previous
notice thereof; and such sale shall be a sufficient transfer,
of such share or shares, so sold, to the person purchasing
the same. And on producing a Certifycate from the
Treasurer to the Clerk of the 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, & such person shall be considered to all in-
tents, the proprietor thereof, and the over plus, if any
there be, shall be paid on demand, by the Treasurer, to
the persons whose shares were then sold.

Sect. 10. And be it further enacted, that the Gen- The corporation
eral Court may disolve the said Corporation, whenever it ^tved\y the
shall appear to their satisfaction, that the said income ^^enerai^court.
arising from said toll, shall have fully compensated the
said Corporation, for all monies, they may have expended,
in purchasing, repairing, & taking care of said road, to-
gether with an Interest thereon, at the rate of twelve dol-
lars, on the hundred, for a year, from the time of the same, .
& thereupon the Interest in the said Turnpike road, shall
vest in the Commonwealth : Provided that if the said
Corporation shall neglect to Complete said turnpike road,
for the space of five years, from the passing of this Act,
the same shall be void, & of no effect.

Sect. 11. And be it further enacted, that the said Cor- Rateoftoii
poration be, and it is hereby empowered, to commute the Suted!""™'
rate of toll with any person or with the Inhabitants of
any town, thro' which their turnpike road is made, by tak-
ing 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 & by this act.

Sect. 12. And be it further enacted, that the said Cor- corporation
poration is hereby allowed to grant monies, to such per- grai^monieg
sons as rendered services to the proprietors in exploring p^'er's^Jns!"
the route of the Turnpike Eoad, or otherwise, previous to
this Act of incorporation. And the said Corporation is
hereby authorised, to purchase and hold, other real estate,
adjacent to, & for the accommodation of the said road, to
the amount of Twenty Thousand Dollars.

Approved June 22, 1803.

504

Acts, 1803. — Chapter 39.

Preamble.

CommiBsioners
appointed and
tneir duties
prescribed .

1803. — Chapter 39.

[May Session, ch. 39.]

AN ACT APPOINTING COMMISSIONERS ON THE PART OF THIS
COMMONWEALTH, TO COMPLETE THE RUNNING & DEMARK-
ATION OF THE BOUNDARY LINE BETWEEN THIS COMMON-
WEALTH AND THE STATE OF CONNECTICUT.

Whereas the late Cofiimissioners of this Commonwealth
and the State of Connecticut^ appointed to ascertain the
Boundary Line, between this Commonwealth & said State,
entered upon the busitiess of their appointment, and made
progress therein, hut did not complete the same, hy reason
of disagreement respecting the line between the town of
Southwich and the towns of Suffield and Granby ; and
whereas a Compromise has been heretofore proposed, by
this Commomvealth, of the differences respecting the line
between said town of Southiioick, in this Commomvealth,
& the toivns of Suffield and Granby, in the said State of
Connecticut, vizt., '■'•that the line should begin from a
Station eight rods South of the Southwest corner of West
Springfield, and thence run West to the large Ponds; and
thence Southerly, by those Ponds, to the ancient south line
of Westfield; and from thence, on said south line, to the
ancient southwest corner of Westfield; & from thence
Northerly in the Ancient West line of Westfield to the
Station in said West line, made by Commissioners in the
Year One thousand Seven hundred <& fourteen ; and from
thence to the South- West corner of Granville;" which
compromise is acceded to by said State of Connecticut ;
and Commissioners are appointed, on the part of 'said
State, for the purpose of completing the running and de-
markation of the boundary line betiveen the towns of Suf-
field, Granby, Hartland, ColebrooTc, Norfolk, Canaan,
and Salisbury in said State, and the Toivns adjoining
them in this Commomvealth:

Sec. 1. Be it, therefore, enacted hy the Senate and
House of Representatives, in General Court assembled,
and by the authority of the same, that the Honble. John
Hooker and Timothy Biglow, Esqrs. and Georo;e Bliss,
Esqr., be, and they hereby are appointed Commissioners,
on the part of this Commonwealth, for the purpose of
completing the running and demarkation of the Boundary
Line between the Towns of West Springfield, Southwick,

Acts, 1803. — Chapter 39. 505

Granville, Southfield, New Marlborough, Sheffield, and
Mount Washington, and any tract or tracts of unincorpo-
rated land in this Commonwealth, & the aforesaid Towns,
adjoining them in the State of Connecticut. And the said
Commissioners, or any two of them, are hereby author-
ised and empowered to meet the Commissioners appointed
& vested with similar powers by the Legislature of said
State of Connecticut ; and in Conjunction with them to
ascertain, run and mark such Boundary line through
the extent aforesaid ; and, at the joint & equal expence
of this Commonwealth, and said State of Connecticut, to
erect durable Monuments at such places in said line, as
they may judge proper and effectual to prevent future
mistakes and disputes respecting the same ; which line,
when so ascertained, shall forever afterwards be consid-
ered and held to be the just and true Boundary Line of
jurisdiction between this Commonwealth and said State of
Connecticut, but no variation, which shall be established
by said Commissioners, from the line heretofore existing,
shall effect the private rights and titles derived from said
Commonwealth and State respectively. And the said
Commissioners, on the part of this Commonwealth, or
any two of them, are hereby authorized and empowered
to agree upon such principles, respecting the running of
the said Line, as, from the best evidence they can obtain,
may appear to them just & reasonable ; and also to em-
ploy such Surveyor and Chainbearers, as they may think
proper, to assist in duly ascertaining the Line aforesaid ;
And the said Commissioners, prior to their entering on
the business herein assigned to them, shall receive a Com-
mission, from his Excellency the Governor, under the
Seal of this Commonwealth, conformably to the powers,
with which they are vested by this Act.

Sec. 2. Be it further enacted, by the Authority afore-
said, That there be paid, out of the Treasury of this Governor to
Commonwealth, to said Commissioners, such sum of amount tobe
money as His Excellency the Governor, with advice of expentes.'"^
Council, may think proper, not exceeding One thousand
Dollars, to enable them to defray the Expences of running
the lines and erecting the monuments aforesaid, the said
Commissioners to be accountable for the faithful a})plica-
tion thereof. Approved June 22, 1803.

506

Acts, 1803. — Chapter 40.

porated.

Corporate
name.

1803. — Chapter 40.

[May Session, ch. 40.]

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF
THE BECKET TURNPIKE CORPORATION.

Sect. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
Persons incor- authority of the same, that Azariah Eggleston, Joseph
Goodwin, Moses Bixbe, Nathan Dillmgham, Barnabas
Adams, James Birchard junr. Henry Veits, Abel Dewy,
Amos Kingsley, & Ebenezer Walker, together with their
associates, successors, & assigns, be and they are hereby
constituted a Corporation by the name of The Becket
Turnpike Corporation, for the purpose of laying out and
making, and keeping in repair, a Turnpike road, from the
Turnpike road, leading from Lenox Court house to Hart-
ford, near Greenwater pond in Becket, in the County of
Berkshire, in the most direct and convenient rout, to the
Turnpike road leading from Pittstield to Westfield, near
the dwelling house of Amos Kingsley, in said Becket,
which road shall not be less than four rods wide, & the
path of travel, not less than eighteen feet wide in any one
place. And when said Turnpike road shall be approved
& so certified by the Court of Common Pleas, within &
for the said County of Berkshire, or by a Committee ap-
pointed by said Court for that purpose, to be sufficiently
made, the said Corporation shall be authorised to erect
one turnpike Gate on the said road, at such place as shall
be directed by said Justices, or their Committee, and
shall be entitled to receive from passengers the follow^ing
rates of toll, vizt. For each coach, chariot, photon, 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 twenty cents, for every chaise, chair,
or other carriage, drawn by one horse, twelve cents &
five mills ; for every man & horse, six cents ; for every
Sled or Sleigh, drawn by two oxen or horses, ten Cents,
if drawn by more than two oxen or horses, an additional
sum of two Cents, for each ox or horse ; for every Sled

Toll estab
lished.

Acts, 1803. — Chapter 40. 507

or Sleigh drawn by one horse six cents; for all horses,
mules, oxen, or neat cattle, led or driven, besides those
in teams & carriages, one cent each; for all sheep or
swine at the rate of three cents per dozen. Provided ^ay bicom-
hoicever that the said Corporation may, if they see fit, muted,
commute the rate of Toll, with any person, or with the
inhabitants of any town, by taking of him or them a cer-
tain sum annually, to be mutually agreed upon, in lieu of
the toll aforesaid. And provided also, that no toll shall
be taken of any person, passing said road, when on Mil-
itary duty, or to or from Public Worship, to or from any
mill, or about his common & ordinary business, within
the town wherein he resides. And the said Corporation sign-board to
shall at the place where the said Toll shall be collected,
erect & keep constantly exposed to open view, a sign or
board, with the rates of Toll of all the tollable articles,
fairly & legibly written, in large or capital characters.

Sect. 2d. Arid be it further enacted, that the said Cor- corporation
poration, may purchase and hold lands, over which they "ndVowVc^ds.
may make the said road, and the Justices of the Court of
General Sessions of the Peace, for the County of Berk-
shire, are hereby authorised on application of said cor-
poration, to lay out said road, or any pait thereof, as
with the consent of the said Corporation they may think
proper. And the said Corporation shall be liable to pay
all damages, which may arise to any person, by taking
his land, for such road, when the same cannot be obtained
by voluntary agreement, to be estimated by a Committee
of the Court of General Sessions of the Peace in the
County of Berkshire, 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 high ways.

Sect. 3d. And be it further enacted, that if said Cor- Penalty for
poration, their toll gatherer or others in their employ, eengers^orX-
shall unreasonably delay or hinder any passenger or trav- sanding iiiegai
eller at said gate, or shall demand or receive more toll,
than is by this Act estal)lished, the Corporation shall for-
feit & pay a sum not exceeding Ten dollars, nor less than
one dollar, to l)e recovered before any Justice of the
Peace, of the county where the offence shall be commit-
ted, 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

508

Acts, 1803. — Chapter 40.

Corporation
liable for
damages by the
road being out
of repair.

Penalty for
injuring gate,
or attempting
to pass by
force.

Shares to be
deemed per-
sonal estate;
mode of at-
tachment pre-
scribed.

Same with their Treasurer, or with some individual mem-
ber of the said Corporation, living within the County
wherein the action may be brought, or by reading the
contents thereof, to the said Treasurer or individual mem-
ber, who shall be allowed to defend the same suit, in
behalf of the said Corporation. And the said Corpora-
tion, shall be liable to pay all damages, which shall happen
to any person from whom Toll is by this act demandable,
for any injury which shall arise from defect of bridges,
or want of repairs, within the same way, and shall 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
Committee to be by them appointed for that purpose,
may, after notice in writing, served on the Clerk, or
Treasurer, or any individual member of the said Corpo-
ration, Seven days, before the time of hearing, order the
said Gate to be set open ; and immediately upon the ser-
vice of such order, under the hands of said Justices, or
Committee, on the Clerk of the said Corporation, the
said Gate shall be opened, & kept open, and no toll de-
manded, or taken thereat, until the Justices of the said
Court, or their said Committee, shall grant an order, for
puting up the said gate & the receiving the Toll thereat.

Sect. 4th. Aiid be it further enacted, that if any
person shall cut, break down, or otherwise injure or de-
stroy, the said Turnpike Gate, or shall forcibly pass, or
attempt to pass the same 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 two
dollars, to be recovered by the Treasurer of the said Cor-
poration, to their use, in an action of trespass; and if
any person shall wilh his Cattle, team, carriage, or horse,
turn out of said road, to pass the said Turnpike-Gate on
ground adjacent thereto, and again enter on the said road,
with intent to avoid the toll due by virtue of this act, such
person shall forfeit one dollar, to be recovered by the
Treasurer of the said Corporation, to the use thereof, in
an action of trespass on the case.

Sect. 5. And be it further enacted, that the shares in
the same Turnpike road shall be taken, deemed, & consid-
ered to be personal estate, to all intents & Purposes &

Acts, 1803. — Chapter 40. 509

shall and may be transferable ; and the mode of transfer-
ing said shares, shall be by deed, acknowledged before
any Justice of the Peace, & recorded by the Clerk, of
the said Corporation, in a book to be kept for that pur-
pose. 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 the said Corporation, otherwise such attach-
ment 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 ; and the officer making the sale,
or the judgment creditor, shall leave a copy of the execu-
tion, and the officers return on the same, with the Clerk of
said Corporation, within ten days after such sale, & pay-
ing for the recording of the same

Sect. 6th. Aiid be it further enacted, that a meeting when and
of said Corporation shall be held at the house of Nathan meeting is to^be
Dillingham, inholder in the town of Lee, in the County ^®'^*
of Berkshire, on the first raonday of August next for the
purpose of choosing a Clerk & such other officers, as may
then and there be agreed upon by the said Corporation,
for regulating the concerns thereof; and that the said
Corporation may then and there, agree upon such method
of calling future meetings as they may think proper.

Sect. 7th. And be it further enacted. That the said Account of cost
Corporation, shall, within six months after the said road Btatementsto
is completed, lodge in the Secretary's office, an account
of the expences thereof, & 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 the books of
the said Corporation shall at all times, be subject to the
inspection of a committee to be a})pointed by the General
Court, or to the inspection of the Governor and Council,
when called for.

Sect. 8. And be it further enacted, that whenever any shares of deiin-
Proprietor shall refuse or neglect 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 the said Cor-
poration 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-

510 Acts, 1803. — Chapter 41.

sary incidental cliarges, after duly notifying, in some
newspaper printed in the County of Berlishire, the sum
due on any such shares, and the time & place of sale, at
least twenty 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. And on producing a cer-
tifycate 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 hy the Clerk, entered on the
book 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 shares
were thus sold.
Sayb^ma" Sect. 9. And be it further enacted, that the General

solved when Court may dissolve the said Corporation, whenever it shall
areindemnitied. appear to their Satisfaction, that the income arising from
the said Toll, shall have fully compensated the said Corpo-
ration, for all monies they may have expended, in purchas-
ing, repairing, & 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 dis-
posal. Provided, that if the said Corporation shall neg-
lect to complete the said turnpike-road, for the space of
three years from the passing of this Act, the same shall
become void & of no effect. Approved June 22, 1803.

1803. — Chapter 41.

[May Session, ch. 41.]

AN ACT TO INCORPORATE JOHN TABER AND OTHERS INTO A
COMPANY, BY THE NAME OF THE CUMBERLAND MARINE
AND FIRE INSURANCE COMPANY.

Sect. 1st. Be it enacted hy the Senate and House of
Representatives in General Court assembled, and by the
Persons incor- authority of the same, that John Taber, John Mussey,
Stephen McLellan, Thomas Motley, Thomas Webster,
James D. Hopkins, Nathaniel F. Fosdick, Enoch Islely,
Isaac Gage, Ebenezer Mayo, and all such persons as have
already, or hereafter shall become stockholders in said
Company, being Citizens of the United States, be, and
they hereby are incorporated by the name of The Cum-
berland Marine & Fire Insurance Company, for and dur-

porated.

Acts, 1803. — Chapter 41. 511

ing the term of Twenty years from and after the passing
of this act ; and by that name may sue and be sued, pros-
ecute and defend to final judgaient and execution ; and
they may 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.

Sect. 2nd. Be it further enacted by the authority
aforesaid, that a share in the Capital stock of the said Jnd^am^Junt'or
Company shall be one hundred dollars, and the number capital stock.
of shares shall be two thousand, and the Capital stock of
said Company shall never exceed Two hundred thousand
dollars, exclusive of premium Notes, and profits arising
from said business, of which Capital stock Twenty thou-
sand dollars only shall be invested in real estate.

Sect. 3d. Be it further enacted, by the authority
aforesaid, that the stock, property, aflTairs and concerns Directors to be
of the said Company shall be managed and conducted by *^ °^^^'
seven directors, one of whom they shall choose as Presi-
dent of the Stockholders and directors, and they shall
respectively hold their Ofiices for one year, and untill
others shall be chosen, and no longer; which directors at
the time of their election shall be stockholders and Citi-
zens of this Commonwealth and shall be elected on the
first monday of August in each and every year, at such
time of the day, and at such place in the Town of Port-
land as a majority of the directors for the time being shall
appoint, of which election public Notice shall be given in
the Newspapers printed in said Town, and continued four-
teen days immediately preceding 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 the Stockholders present, allow-
ing one vote to each share in the capital stock ; provided Pi^o^iso;
that no Stockholder shall be allowed more than ten votes ;
And the Stockholders not present may vote by proxy
under such regulations as the Company may prescribe.
And in case that by accident the said directors shall not
be chosen on the first monday of August aforesaid, it shall
be lawful to choose them on another day in manner afore-
said.

Sect. 4th. Be it further enacted, by the authority
aforesaid, that the directors so chosen shall meet as soon

512

Acts, 1803. — Chapter 41.

The directors
to choose a
president.

Board of
directors and
their power.

Meetings of
directors.

Business de-
fined.

as may be after their election, and choose, of their own
body, one person to be President, who sliall preside tor
one year, and be sworn faithfully to discharge the duties
of his office ; and in case of the death, resignation or dis-
ability of the President, or any director, such vacancy
shall be filled for the remainder of the year by a special
election to be conducted in the same manner as is herein
before directed in the case of annual elections.

Sect. 5th. Be it further enacted, that the President
and three directors, or four directors in the absence of the
President, shall be a board competent to transact business,
and they shall have power to make such bylaws, rules and
regulations as to them shall appear needfull and proper
touching the management and disposition of the stock,
property, estate and ^ects 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, clerks and servants for
carrying on the said business, and determine their com-
pensations, as also the compensation of the President —
provided that such bylaws, rules and regulations shall not
be inconsistent with the Constitution and Laws of this
Commonwealth.

Sect. 6. Be it further enacted, that there shall be
stated meetings of the directors at least once in every
month, and as much oftener as the President and directors
shall deem proper : & the President and two 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 President and any two of them appointed
as aforesaid at and during the pleasure of the said board,
shall have power and authority on behalf of the Company
to make insurance upon vessels, freight, money and
goods, and against captivity of persons, and on the life of
any person during his absence by sea, and in case of
money lent upon bottomry or respondentia, and are also
authorized to make 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 except design in the insured, and
to fix the premiums and terms of payment. And all
policies of insurance by them made shall be subscribed by

Acts, 1803. — Chapter 41. 513

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 obligatory upon the said
Company, and have the like effect and force as if under
the seal of said Company : and the insured may thereupon
maintain an action upon the case against the said Com-
pany ; and all losses duly arising under any policy so
subscribed may be adjusted and settled by the President
and directors, and such adjustment and settlement shall
be binding on the Company.

Sect. 7. Aiid be it further enacted, that it shall be semiannual
the duty of the directors on the first Mondays of August be^made * '°
and February in every year, to make dividends of so
much of the interest arising from the Capital stock and
the profits of said Company, as to them shall appear
advisable, but the monies received and notes taken for
premiums on risques 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 whereby the Capital stock of the in case of loss
Company shall be dhiiinished each stockholder's estate capital/
shall be held accountable for the deficiency which may be
due on his share or shares at the time of said loss to be
paid as the directors shall order, and no sul^sequent divi-
dend shall be made untill a sum equal to such diminution
shall have been added to the capital ; and once in every
two years, and oftener if required by a majority of the
Stockholders, the directors shall lay before the stock-
holders, at a general meeting, an exact and particular
statement of the profits, if any there be, after deducting
losses, dividends and expences.

Sect. 8. Be it further enacted, that the said Com- company not to
pany shall not directly nor indirectly deal or trade in 1°^"^®'° "''' ^'
buying or selling any goods, wares, merchandize or com-
modities whatsoever, other than such as may be almndoned
to the Company by the assured ; and the Capital stock of
said Company after being collected at each installment,
shall within one hundred and twenty days be invested in
the funded deljt of the United States, or of this Common-
wealth, or in the Stock of any of the incorporated banks
within this Commonwealth, or in the stock of the Bank
of the United States, at the discretion of the President
and directors of said Company.

Sect. 9tii. Be it further enacted, that no person be- Director of

f . n .1 r^ . .1 other companies

ing a director oi any other Company carrymg on the not eligible.

514

Acts, 1803. — Chapter 41.

Payment for
shares.

Shares may be
taken in execu-
tion and the
mode pre-
scribed.

In case of losses
equal to amount
of capital.

business of Marine and Fire Insurance, shall be eligible
as a director of the Company by this act established.

Sect. 10th. Be it further enacted, that fifty dollars
on each share in said Company shall be paid within sixty
days after the first meeting of said Company, and the
residue of each share within one year after the said first
payment, at such installments, and under such penalties
as the said company shall direct, and no transfer of any
share in said Company shall be permitted, or be valid
untill all the installments made on such share shall have
been paid.

Sect. 11. 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, and to the pay-
ment 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-
ant, a like summons shall be left with the secretary of
said Company, and the debtors shares in said Company's
funds, together with the interest and profits due or grow-
ing due thereon, or so much thereof as shall be suflScient,
shall thereby be held to respond said suit according to
law ; and all transfers of 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 Com-
pany, and his shares therein exposed to sale in the same
manner as is by law prescribed when 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 ; and the purchasers shall then be entitled to
the reception of all dividends and stocks which the debtor
was previously entitled to. And upon any attachment
being made or execution levied on any share in said Com-
pany, it shall be the duty of the secretary to expose the
books of the Comj;)any to the officer and to furnish him
with a certificate under his hand in his official capacity,
ascertaining the number of shares the debtor holds in said
Company, and the amount of the dividend due thereon.

Sect. 12. Be it further enacted that in case of any loss
or losses taking place that shall be equal to the amount of
the capital stock of the said Company, and the President
or directors after knowing of such loss or losses shall sub-

Acts, 1803. — Chapter 42. 515

scribe to any policy of insurance, tiieir estates jointly and
severally shall be accountable for the amount of any and
every loss that shall take place under policies thus sub-
scribed.

Sect. 13th. Beit further enacted that the President Amount of

T-v« f • -x /•\ 1 11 • 1 • Stock, nature or

and Directors of said Company shall, previous to their risks, &c. to be
subscribing to any policy, and once in every year after, ^"
publish in the Portland Newspapers the amount of their
stock, against what risques they mean to insure, and the
largest sum they mean to take on any one risque. Pro- Proviso.
vided that the said President and directors shall not be
allowed to insure on any one risque a larger sum than ten
per centum of the amount of the capital stock actually
paid in.

Sect. 14. Be it further enacted, that the President bSSe
and directors of said Company shall; when, and as often it-gisiature

Tt 1 T •! c X ' r^ ijii when required.

as required by the Legislature oi this Commonwealth, lay
before them a statement of the aflairs of said Company,
and submit to an examination concerning the same under
oath.

Sect. 15. Be it further enacted, that John Taber, First meeting.
John Mussey, and Stephen McLellan are hereby author-
ized to call a meeting of the members of said Company
as soon as may be in Portland, by advertising the same
two weeks in the Portland newspapers, previously to such
meeting, for the purpose of electing the first board of
directors, who shall continue in office until 1 the first mon-
day of August one thousand eight hundred and four.

Approved June 22, 1803.

1803. — Chapter 43.

[May Session, ch. 42.]

AN ACT TO INCORPORATE WILLIAM WIDGERY ESQR. AND
OTHERS, INTO A COMPANY BY THE NAME OF THE PORT-
LAND MARINE, AND FIRE INSURANCE COMPANY.

Sec 1. Be it enacted hy the Senate <& House of Rep-
resentatives, in General Court assembled, and by the Au-
thority of the same. That William Widgery, Josiah Cox, Persons incor-
Joshua Richardson, David Green, Walter Simonton,
Joshua Rogers, and all such persons as have already, or
hereafter shall become Stockholders in said Company,
being Citizens of the United States, be and hereby are
incorporated into a Company, and Body Politic, by the

porated.

516

Acts, 1803. — Chapter 42.

Corporate
name.

Amount of
shares and
capital stock.

Directors to
be chosen, and
manner of eleca
tion directed.

Proviso respect
ing votes.

name of The Portland Marine, and Fire Insurance Com-
pany, for and during the term, of twenty Years after
the passing of this Act ; and by that name may sue, and
be sued, plead or be impleaded, appear, prosecute and
defend, to final Judgment and execution, and have a Com-
mon Seal, which they may alter at pleasure, & may pur-
chase, hold, and convey, any estate real or personal, for
the use of said Company, subject to the restrictions here-
inafter mentioned.

Sec. 2. Be it further enacted^ that a share in the Cap-
ital Stock of the said Company, shall be one hundred
dollars, and the number of Shares shall be two thousand
and the Capital Stock of said Company shall never exceed
two hundred thousand dollars, exclusive of premium.
Notes, & profits, arising from said business ; of which
Capital Stock twenty thousand dollars only shall be in-
vested in real Estate.

Sec. 3. Be it further enacted, that the Stock, prop-
erty, afiiiirs, and concerns of the said Company, shall be
managed and conducted by seven directors ; one of whom
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 Tuesday of August, in
each and every year, at such times of the day, and at such
place in the Town of Portland, as a majority of the Direct-
ors, for the time being, shall appoint, of which election,
public notice shall be given in the Newspapers printed in
the Town of Portland, and continued for the space of
fourteen 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 the Votes of the Stock-
holders present, allowing one Vote to each share in the
Capital Stock ; provided that no Stockholder shall be al-
lowed more than thirty Votes. And the Stockholders not
present, may vote by proxy, under such regulations as
the Company may prescribe. And in case of any unavoid-
able accident, the said Directors shall not be chosen on
the said first Tuesday of August as aforesaid it shall be
lawful to choose them on another day, in manner herein
prescribed.

Acts, 1803. — Chapter 42. 517

Sect. 4. Be it further enacted that the Directors so Directors to
chosen shall meet as soon as may be after such election, president!
and 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 disability 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 held in the
same manner as is herein before directed respecting an-
nual elections, for directors and President.

Sect. 5. Be it further enacted, that the President and ?°'*''^°^ ,

^ ' , directors and

three Directors (or four directors in the absence of the their powers.
President) shall be a board competent to transact busi-
ness ; and they shall have power to make and prescribe
such bye-laws, rules and regulations, as to them shall
appear needfull and proper, touching the management and
disposition of the Stock, property, estate, and effects of
said company, and the transfer of the shares, and touch-
ing the duty 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 carrying on the said busi-
ness, and with such Salaries, and allowances to them, and
to the President, as to the said Board shall seem meet ;
provided that such bye laws, rules, and regulations, shall
not be repugnant to the Constitution, or laws of this Com-
monwealth.

Sect. 6. Be it further enacted, that there shall be Monthly and
stated meetings of the Directors, at least once in every of president
month, & as much oftener as the President and Directors *"
shall deem proper ; And the President and two 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 President, and any two of them,
appointed as aforesaid, at and during the pleasure of the
said board, shall have power and authority on l)ehalf of
the company, to make insurance, upon Vessells, Freight, ^^^^^^^^
money, goods, & effects, and against Captivity of Per-
sons, and on the life of any person during his absence by
sea, and in case of money lent upon bottomry and re-
spondentia, and are also authorized to make insurance on
any mansion House or other building, and on the Goods,

518 Acts, 1803. — Chapter 42.

and property therein contained within this Common-
wealth, against damage arising to the same by fire, origi-
nating in any cause except tliat of design in the insured ;
subBcription of and to fix the premium and terms of payment; and all
po ces. policies of insurance by them made, shall be subscribed

by the President, or in case of his Death, Sickness, in-
ability or absence, by any two of the Directors, & coun-
tersigned by the secretary, and shall be binding and
obligatory upon the said Company, and have the like
effect and force, as if under the seal of said company ; and
the insured may hereupon 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 company.
dfvTdenTro Sect. 7. Be it further enacted, that it shall be the

be made. duty of the dircctors, on the second Tuesday of February

and August, 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 ad-
visable ; but the monies received, and the Notes taken for
premiums on risques, which shall be undetermined, and
ou[<] standing at the time of making such dividends, shall
not be considered as part of the profits of the company ;
In case of losses and in casc of any loss, or losses, whereby the Capital
capUaT^ ^ Stock of the Company shall be lessened, each proprietors
or Stockholders estate shall be held accountable for the
deficiency that may be due on his share, or shares, at the
time of said loss, or losses taking place, to be paid into
the said Company, by assessments, or such other mode,
and at such time, and place, 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 two years, and oftener
if required by a majority of the Stockholders, the direct-
ors 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, and expences.
Company not Sect. 8. Be it further enacted , that the said Company
t?ader^^*° shall not directly, or indirectly, deal, or trade, in buying
or selling any goods, wares, merchandize, or commodities
whatsoever ; other than such as may be abandoned to the
Investment of Company by the assured; & the Capital Stock of said
capital stock. (Company, after being collected at each enstalment, shall
within one hundred & twenty days, be invested in the

Acts, 1803. — Chapter 42. 519

funded debt of the United States, or of this Common-
wealth, or in the Stock of any of the incorporated Banks,
within this Commonwealth, or in the Stock of the Bank
of the United States at the discretion of the President &
directors, of said Company.

Sect. 9. £e it further enacted, that no })erson being Directors of
a director of any other Company, carrying on the business not'e'il'^bie?"^'^^^
of Marine and fire insurance, shall be eligible as a Director,
of the Company by this Act established.

Sect. 10. Be it further enacted, that fifty dollars on Payment for
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
the said first payment, at such 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 until all the instalments made on such share,
shall have been paid.

Sect. 11. Be it further enacted, that the property of fo^atTachment
any member of said Company, vested in the Stock of said and mode
Company, shall be liable to attachment, and to the pay-
ment, 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 de-
fendant, a like summons shall be left with the Secretary,
of said company, the Debtors shares in said Company's
funds, together with the interest, and profits due, or
growing due thereon, or so much thereof as shall be suf-
ficient 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 shares therein exposed to sale in
the same manner as is by law prescribed, where per-
sonal estate is taken by execution, and it shall be the duty
of the officer, who extends such execution, to leave an at-
tested copy thereof, with his doings thereon, with the
Secretary of said Company ; and the purchasers shall
thereupon be intitled to, the reception of all dividends
and stocks, which the Debtor was previously entitled to,
and upon any attachment being made, or execution levied
on any share in said Company, it shall be the duty of the
Secretary to expose the Books of the Company, to the
oflficer, and to furnish him with a Certificate under his

520

Acts, 1803. — Chapter 43.

In case of losses
equal to amount
of capital stock.

Amount of
stock, nature of
risks, &c. to be
published.

Statement to
be made to leg-
islature when
required.

Persons au-
thorized to
call the first
meeting.

hand in his official capacity ascertaining the number of
shares, the debtor holds in said Company, and the amount
of the dividend due thereon.

Sect. 12. Be it further enacted, that in case of any
loss, or losses, taking place, that shall be equal to the
iimount of the Capital Stock of the said company, and the
President or Directors after knowing of such loss or losses
taking place, shall subscribe to any Policy of insurance,
their estates, jointly and severally, shall be accountable
for the amount of any, and every loss that shall take
place under policies thus Subscribed.

Sec. 13. Be it further enacted, that the President
and Directors of said Company shall, previous to their
subscribing to any Policy, and once in every year after,
publish in the Portland newspapers, the amount of their
Stock ; against what risques they mean to insure ; and the
largest sum they mean to take on any one risque. Pro-
vided Nevertheless, that the said President and Directors
shall not be allowed to insure on any one risque, a larger
sum than ten per Centum of the amount of the cai)ital
Stock of said Corporation actually paid in.

Sec. 14. Be it further enacted, that the President and
Directors of said Company, shall, when, and as often as
required by the Legislature of this Commonwealth, lay
before them a Statement of the affairs of said Company,
and submit to an examination concerning the same under
Oath.

Sec. 15. Be it further enacted, that Elias Thomas,
Josiah Cox, and Joshua Richardson are hereby authorised
to call a meeting of the members of said Company as soon
as may be, in Portland, by advertising the same for two
weeks in the Portland newspapers previous to such meet-
ing, for the purpose of electing the first Board of Direct-
ors, who shall continue in Office until the first Tuesday
of August one thousand eight hundred and four.

Approved June 22, IS 03.

1803. — Chapter 43.

[May Session, eh. 43.]

AN ACT TO INCORPORATE THE PLANTATION CALLED TYNGTOWN
INTO A TOWN BY THE NAME OF WILTON.

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

Acts, 1803. — Chapter 44. 521

authority of the same, that the plantation called Tyng- wiitonincor-
town, as described within the following limits, with the ^°'^*'^ '
inhabitants thereon be, and they are hereby incorporated
into a Town by the Name of Wilton — beginning at the
Southeasterly Corner of Temple, thence runing South-
westerly on the Southerly line of Temple to the South
Corner thereof, thence Southerly on the Easterly line of
Township Numl)er four, to the Northerly line of Dixfield,
thence Easterly on the Northerly line of Dixfield to the
westerly line of Jay, then Northerly on the Westerly line
of Jay, to the Northeasterly Corner thereof, then East-
erly on the Northerly line of Jay, to the Northeasterly
Corner of Chester ville, then Northeasterly on the North-
westerly line of Chesterville, to the Southwesterly line of
Farmington, then Northerly on said line of Farmington
to the first mentioned bounds : — And the said Town of
Wilton is hereby vested with all the powers privileges,
and immunities, to which other Towns are intitled by the
Constitution and Laws of this Commonwealth.

Sec. 2. And be it further Enacted, that Solomon s. Adams Esq.
Adams, Esqr, be and herel)y is authorized to issue his issue warrant.
warrant, directed to some suitable Inhabitant in said Wil-
ton, requiring him to notify, and warn the Inhabitants of
said Wilton qualified by Law to vote in Town affairs to
meet at such time and place, as shall be directed in said
warrant to choose all such oflScers, as Towns in this Com-
monwealth are by Law required to choose, in the Months
of March or April annually. Apjoroved June 22, 1803.

1803. — Chapter 44.

[May Session, ch. 44.]

AN ACT TO CHANGE THE NAMES OF ENOCH RUST RIDGWAY
GEORGE PARBURY, CATHARINE POWELL ARCHBALD, BRAD-
STREET STORY, SAMUEL BRADLEY, JUNR. AND SAMUEL,
GODDARD.

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of
the same. That Enoch Rust Ridgway of Boston, shall be
allowed to take the name of Enoch Henry Rust ; — that
George Parbury, son of George Parbury, late of Balti-
more, now resident in Boston, shall be allowed to take
the name of George Parbury Pollen; — that Catharine
Powell Archbald, of Boston, daughter of Francis Arch-
bald, of Penobscot, shall be allowed to take the name of

522

Acts, 1803. — Chapter 45.

Catharine Goldthwait Powell; — that Bradstreet Story,
of Boston, son of the Revd. Isaac Story, late of Marble-
head, shall be allowed to take the name of Dudley Story
Bradstreet; — that Samuel Bradley, Junr., now resident
in Boston, son of John Bradley, of Concord, in the State
of New Hampshire, shall be allowed to take the name of
Samuel Ayer Bradley ; — & that Samuel Goddard, of Bos-
ton, son of Samuel Goddard, of Roxbury, shall be allowed
to take the name of Samuel Brewer Goddard : And each
of the persons before named, shall in future be respec-
tively known and called by the names which they are sev-
erally allowed to take as aforesaid, and the same shall be
considered as their only proper names, to all intents and
purposes. Approved June 22, 1803.

I'ersons incor-
porated.

Pews may be
leased or sold.

1803. — Chapter 45.

[May Session, ch. 45.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWN OF PENOBSCOT IN THE COUNTY OF HAN-
COCK INTO A RELIGIOUS SOCIETY BY THE NAME OF THE
FIRST CONGREGATIONAL SOCIETY IN PENOBSCOT.

Sec. 1st. Be it enacted hy the Senate and House of
Representatives, iii Geiieral Court assembled, and hy the
authority of the same. That David Dunbar, David Hawes,
Benjamin Dodge, John Wasson, Jothara Stover, Peletiah
Leach, Caleb Bowdeu, Paul Bowden, Theodore Bowden,
Isaac Hatch, Eldad Heath, Jery Stover, John Hart, Jery
Stover Junr., Ralph Devereaux, Joseph Devereaux, John
Bridges, Henry Bridges, Isaac Bridges Junr., Theodore
Bowden, Daniel Clement, Isaac Clement, Rufus Bowden,
Isaac Bridges, Ebenezer Bowden the 3d, Thomas Bow-
den, Amos Bowden, Ebenezer Bowden, John Snowman,
David Dunbar Junr., John White, John Wescott, Giles
Johnson, David Wescott, Joseph Gray, .John Lord, Jery
Lord, Jacob Bowden, Peletiah Taplay, Samuel Nichols,
William Blodget, Nathaniel Veazey, James Veazey, John
Bowden, Merrill Heath, & George Roberts, together with
such others as shall hereafter associate with them, with
their polls and estates be, & they are hereby incorporated
into a religious society by the name of The first congre-
gational Society in Penobscot, with all the powers, privi-
leges and immunities to which parishes are by law entittled
in this Commonwealth.

Sec. 2d. Be it further enacted. That the said Society
be, and hereby is authorized and empowered to sell or

Acts, 1803. — Chapter 45. 523

lease the pews in the meeting House which is or may
hereafter be erected by said society, and to give deeds to
convey the same ; and the monies or other profits or emol-
uments arising therefrom, after payment of expenses for
building said House, shall be applied exclusively to the
support of religious worship in the said meeting House :
Provided hoicever that nothing herein contained shall be Proviso,
construed to deprive the inhabitants of said town of the
right to assemble in said meeting house in town meetings
for the transaction of town affairs.

Sec. .3d. And be it further enacted. That any other Method of join.

1 11 II 1 i* o 'j^ ing the society.

person who shall actually become a member oi, & unite
in religious worship with the said first congregational so-
ciety, by giving in his or her name to the town clerk of
said Penobscot, with a certificate signed by the minister
or clerk of said society, that he or she has actually be-
come a member of, and united in worship with said first
society in Penobscot, shall from and after giving in such
certificate, with his or her polls and estates be considered
as a member of the said society.

Sec. 4th. And be it further enacted That when any Method of leav-
member of the said first society in Penobscot, shall see
cause to leave the same and unite in religious worship
with any other religious society, and shall give in his or
her name to the Clerk of 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 annual meeting in
March or April ; and shall previously pay his or her pro-
portion of all monies assessed in said society, and also the
amount due from him or her respectively, on any agree-
ment signed by him or her, for the support of a minister,
such i)erson shall, from and after the date of such certifi-
cate, with his or her polls and estate, be considered as a
member of the society to which he or she has so united.

Sec. 5tii. And be it further enacted. That any Justice justice of the
of the Peace in said County of Hancock, upon applica- wtTrani. ^^"^
tion made to him in writing therefor, be and hereby is
authorized to issue his Warrant directed to some member
of the said First congregational society in Penobscot, re-
quiring him to notify the members thereof, qualified to
vote in parish afiairs, to assemble at such convenient time
and place, as shall be expressed in the said Warrant, to

524 Acts, 1803. — Chapter 46.

choose such oflScers 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 June 22, 1803.

1803. — Chapter 46.

[May Session, ch. 46.]

AN ACT TO CHANGE THE TIMES OF HOLDING THE COURTS
OF GENERAL SESSIONS OF THE PEACE, AND COMMON
PLEAS, WITHIN, AND FOR THE COUNTY OF HANCOCK, AND
FOR ESTABLISHING AN ADDITIONAL TERM OF THE COURT
OF COMMON PLEAS.

Sec 1st. Be it enacted by the Senate and House of
Representatives, in Genei^al Cowt assembled, and by the
Time Bxed for Autliovity of tJw Same, that from and after the passing
Courts^ ^ this Act, the Courts of General Sessions of the Peace,
and Common Pleas which by Law are holden at Castine,
within, and for the County of Hancock, on the first Tues-
day of May, and the last Tuesday of September, an-
nually, shall be holden at the same place on the said first
Tuesday in May, and the Second Tuesday in November,
and an additional Term of the Court of Common pleas
on the Second Monday in August annually.
Actions, &c. Sec 2d. Be it further enacted, that all actions, suits,

pending at the . "^ ^ o ' i

former terms, writs, proccsscs, prcccpts, appeals, <& recognizances, al-
on,^at'thosr ^ ready commenced, sued out, or made, or that may be
fixed by this hereafter commenced, sued out, or made returnable to
either of the Courts aforesaid, on the last Tuesday of
September next ; and all actions, suits, processes, recog-
nizances, and prosecutions of every kind, now pending, or
that may be pending before either of the Courts aforesaid,
which, before the passing of this Act, were to have been
holden on the last Tuesday of September next, shall be
returnable to, entered, made, proceeded upon, prose-
cuted, tried, and determined, agreeably to the true intent
of such actions, writs, processes, suits, appeals, recog-
nizances and prosecutions, before the Court of General
Sessions of the Peace to be holden by Virtue of this act,
at said Castine, on the Second Tuesday in November next,
and before the Court of Common pleas, to be holden at
the same place on the second Monday in August next.

Approved June 22, 1803.

Acts, 1803. — Chapter 47. 525

1803. — Chapter 47.

[May Session, ch. 47.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
IN THE TOWN OF STANDISH IN THE COUNTY OF CUMBER-
LAND INTO A DISTINCT RELIGIOUS SOCIETY BY THE NAME
OF THE FIRST BAPTIST SOCIETY IN STANDISH.

Sec. 1st. Be it Enacted by the Senate, and House of
Representatives in General Court assembled and by the
authority of the same. That Sarg-ent Shaw, Simon Moul- Persons incor-
ton, Samuel Rich, Enoch Shaw, David Sanbourn, Josiah
Harmon, Joseph Shaw, David Decker, Lydia Richardson,
Timothy Berry, William Hall jun. John Plaisted, Elliot
Hannon, Ebenezer Morton, Isaac Letherby, John Grun,
Jonathan Ward, Peter White, Jonathan Haskell, Eph-
raim Crocket, James Gray, John Sawyer, Josiah Moul-
ton, Samuel Shaw, Aaron Richardson, David Richardson,
Thomas Richardson, Zechariah Rich, Joseph Shaw jun.,
Jonathan Moulton, Daniel Thomas, Enoch Whitney and
James Smith, with their families and Estates, together
with such other of the inhabitants of said Town of
Standish, as have associated, or may hereafter at any
time, within two Years from the passing of this Act, as-
sociate themselves for that purpose in the manner herein
after described, be, and hereby are incorporated into a
religious Society, by the Name of the First Baptist So-
ciety in Standish, with all the powers, privileges and
immunities, to which other Parishes in this Common-
wealth, are by Law intitled.

Sec. 2d. Be it further enacted by the authoritij afore-
said, that any person, or persons in the Town aforesaid, Method of join-
being of the Baptist Denomination aforesaid, who may
actually become a member of, and unite in religious wor-
ship 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
hoivever, that such person, or persons shall be held to
pay their proportion of all monies assessed in said Town
previous to that time.

526

Acts, 1803. — Chapter 48.

John Deane,
Esq. to issue
warrant.

Sec. 3d. A7id be it further Enacted, that John Deane
Esq. or some other Justice of the Peace in said County
of Cumberland, be, and hereby is authorized, and em-
powered to issue his warrant, directed to some suitable
member of said Society, requiring him to notify, and
warn the Members of 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 entitled to choose in the Months of March or April
annually. Approved June 22, 1803.

Preamble.

Persons incor-
porated.

Corporate
name.

1803. — Chapter 48.

[May Session, ch. 48.]

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF
THE ESSEX TURNPIKE CORPORATION.

Whereas turnpihe I'oads are noiv opened and about to
be opened from the JSForthern part of the State of JSfew
Hampshire towards Boston and Salem in Massachusetts,
and also from the upper part of the State of Vermont
through the Western part of JSfeiv Hampshire directed
likewise towards Boston and Salein, till they shall meet
the line of Massachusetts, which said roads are expected
to unite near said line with a view of crossing Merrimack
river at Andover bridge; and whereas the continuing of
said turnpike roads from the place, ivhere they shall enter
this Commonwealth towards the towns of Boston and
Salem, so far as the roads are now circuitous and bad,
will be of great public utility ; and Zebadiah Holt and
others have petitioned this Court for an Act of Incorpora-
tion, to empoioer them to lay out and make said roads:
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 Zebadiah Holt, Stephen
Barker, George D. Herrick, Benjamin Osgood, Isaac
Bodwell, Nehemiah Abbot, John Abbot, Saml. Farrar,
John L. Abbot and Benjamin Ames, and all such persons,
as are or shall be associated with them and their succes-
sors, shall be a Corporation by the name of The Essex
Turnpike Corporation, and shall by that name sue and
be sued, and shall have a common seal, and enjoy all the
privileges and powers, which are by law incident to a cor-
poration for the purpose of laying out and making a turn-
pike road, and keeping the same in repair ; that is to say,

Acts, 1803. — Chapter 48. 527

a road beginning at the line of the State of New Hamp- com-seof the
shire when the aforesaid road shall enter this Common-
wealth to be continued in a course south twenty-four and
an half degrees east as nearly as possible to Andover
Bridge so called ; thence south about thirteen degrees
East continuins: the Boston road till it intersects the
Haverhill post road to Boston, near the south meeting
house in Andover ; thence south thirteen degrees East or
nearly so, till it meets the line of the County of Middle-
sex near the dwelling house of Mr. Joseph Holt, in Read-
ing. The Salem road to proceed from Andover Bridge in
as straight a line as is found practicable to the Store of
Cap. Nathan Felton, in Danvers.

Sec. 2d. And be it further enacted. That the above First meeting
mentioned persons, or any three of them, may, by an be transacted.
advertisement in the Salem Gazette, printed in Salem,
and in the New England Palladium, printed in Boston,
call a meeting of the said proprietors, to be holden at any
suitable time and place after fifteen days from the publica-
tion of said advertisement ; and the said proprietors, by
vote of the majority of those present or represented 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 meetings ; and at the
same, or at any subsequent meeting, may make and estab-
lish any rules and regulations, that shall be necessary or
convenient for regulating the said Corporation ; for eflect-
ing, 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 and enjoin fines and penal-
ties, not exceeding thirteen dollars and thirty three cents,
for any breach thereof: Provided such rules and regula-
tions are not repugnant to the laws or constitution of this
Commonwealth. And the said proprietors may also Records to be
choose and appoint any other officer or officers, that they
may deem necessary ; and all representations at any meet-
ing shall be proved in writing signed by the person mak-
ing the same, which shall be filed with, and recorded by
the Clerk ; and this Act and all rules, regulations, and
votes of the said Corporation shall be fairly and truly
recorded by the said clerk in a Book or Books to bo
provided and kept for that purpose : provided also^ That

528

Acts, 1803. — CiiAPTER 48.

Width of the
road.

Three gates to
be erected.

Toll estab-
lished.

Corporation
may purchase
and hold
land.

no one proprietor in this corporation shall have in his own
right more than twenty votes.

Sec. 3d. And be it further enacted, That the same turn-
pike road shall be laid out and made by the said corporation
of sufficient width in every part thereof for the accommo-
dation 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. And when the
said road shall be sufficiently made, and shall be so al-
lowed by any three men to be appointed by His Excel-
lency the Governor of this Commonwealth for that purpose,
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 entiteled to receive at
each one of the said gates, from each traveller and passen-
ger the following rate of toll, to wit ; For every coach,
phaeton chariot or other four-wheeled carriage for the con-
vevance 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 hor[s]e ; 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, 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 ; Pro-
vided, that the General Court may hereafter otherwise
regulate the tolls to be paid l)y carts and waggons accord-
ing 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 Corpo-
ration may purchase and hold any land, over which they
may make said road ; and the Justices of the Court of

Acts, 1803. — Chapter 48. 529

General Sessions of the Peace in the County of Essex are Justices of the
hereby authorized, on application from the said Corpora- siona authorized
tion, to lay out such road, or any part thereof within the road! ""''''*
said County, as with the consent of the corporation, they
may think proper. And the said corporation shall be
holden to pay all damages, which shall arise to any per-
son 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 in said County, saving to either party a right
of trial by Jury according to the law, which makes pro-
vision for the recovery of damages happening by laying
out public highways.

Sec. 5th. And be it further enacted, That if the said Penalty for
Corporation, or their toll-gatherer, or others by them em- Jngers^o^tak-
ployed shall unreasonably delay or hinder any passenger ""^ '"''^'*' '""'
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 said County of Essex, by any
person 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 said treasurer or
individual member, at least seven days before the day of
trial ; and 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 per-
son, 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 present-
ment by the grand jury for not keeping the same in good
repair.

Sec. 6th. And he it further enacted, T\\?it\^ 2iny ])ev~ vena\ty tor
son shall cut, break down, or otherwise destroy any of i^'gUieVa"!"'
said gates, or shall dig up or carry away any earth from '"''"°"'^-
the said roads 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 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

530 Acts, 1803. — Chapter 48.

Forattemptto trcspass On the case. And if any person, with a team,

evade the toll. ^f , , . i- ' ^ i j /»ii

cattle, or horses, turn out of said road, to pass any oi 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 two dollars to be recovered
by the treasurer aforesaid to the use aforesaid, in action
Exemptions of debt ; Provided, that nothing in this Act shall extend

from toll. .11 . 1 /-, • -, ^ • J 1 1

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 labor, 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.
Shares to be gj^^. 7th. And be it fuHker enacted, That the shares

deemed per- ^ ^ '

Bonai estate, and jn said roads sliall be deemed personal estate to all intents
and attachment and purposcs, aud sliall bc transferable by deed duly ac-
prescribed. knowlcdgcd bcforc 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 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 and sold by execution in the same manner, as
other personal estate ; and the officer, or judgment-credi-
tor leaving a copy of such execution, with the return
thereon, with the clerk, within fourteen days after such
sale, and paying for the recording thereof, shall be deemed
a sufficient transfer of the same.
f^ost^orroad and Sec. 8th. And be it further enacted, That the said
t'o"be''ixhibued. corporatiou shall, within six months after said turnpike-
road shall have been 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 aris-
ing 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 and Council, when called for.
^uenfropli"" S^^* ^'^^^- "^'^^ ^^ it further enacted, That whenever
tors to be sold, any proprietor shall neglect or refuse to pay any tax or

Acts, 1803. — Chapter 48. 531

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, and 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. IOtii. And be it further enacted, That the Gen- corporation
eral Court may dissolve the said corporation, whenever it Bo?v^e/whe"n
shall appear to their satisfaction that the said income wiiMntere^t,
arising from said toll shall have fully compensated the said
corporation for all monies they may have expended in pur-
chasing, repairing, and taking care of 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 on the said turnpike-road shall vest
in the Commonwealth ; Provided, that if the said Corpo-
ration shall neglect to complete said turnpike-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 ^jjy 'tTe^co^*""
corporation be, and it is hereby empowered to commute muted.
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 J^ranKe?.^^
corporation is hereby allowed to grant monies to such per- 'ai" persons.
sous, as rendered services to the proprietors in exploring

532

Acts, 1803. — Chapter 49.

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 said road, to
the amount of twenty thousand dollars.

Approved June 22 ^ 1803.

Persons Incor-
porated.

Corporate name.

Corporation to
choose officers,
raise money,
&c.

In case of mem
bers neglecting
or refusing to
pay assess-
ments.

1803. — Chapter 49.

[May Session, ch. 49.]

AN ACT TO INCORPORATE JONATHAN SAWYER, ZEBULON
TRICKEY, EZEKIEL JORDAN & OTHERS, PROPRIETORS OF A
MEETING HOUSE IN THE TOWN OF CAPE ELIZABETH, IN
THE COUNTY OF CUMBERLAND FOR THE PURPOSE OF RE-
PAIRING AND FINISHING SAID HOUSE.

Sec. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same, that Jonathan Sawyer, Zebulon
Trickey, Ezekiel Jordan ; their associates and assigns,
proprietors of the Meeting House in Cape Elizabeth
aforesaid, be and hereby are incorporated into a Body
Politic, by the name of the Proprietors of the Meeting
House in Cape Elizabeth, and by that name may sue &
be sued, plead, & be impleaded, defend, & be defended
in all causes whatsoever.

Sec 2. And be it further enacted, that said Corpora-
tion shall have power to choose all such Officers, as par-
ishes are by Law intitled to choose, and such Officers so
chosen shall have the same power as Parish Officers, so
far as to enable them to manage the prudential concerns
of said Corporation as provided in this Act — Also to
raise money for the maintenance and repairs of said
Meeting House, and expend the same according to the
Vote of said Corporation, for the purposes aforesaid —
Provided, that in assessing taxes, each Proprietor's right
in said House, shall be appraised by the assessors, and
the taxes apportioned according to each Proprietors right
therein.

Sec 3. And be it further enacted that if any mem-
ber of said Corporation, shall neglect for the space of
sixty days to pay such sum, or sums of money, as shall
be assessed on him to pay on any right or Pew in said
House, the said right or pew, may by the collector be
sold at Public Vendue, and the money arising from said

Acts, 1803. — Chapters 50, 51. 533

Sale, applied to the discharge of said taxes, and the resi-
due (if any) returned to the Debtor, — Provided that
the said Collector shall give notice of said Sale, fourteen
days at least, previous thereto, by posting u[) Advertise-
ments at said Meeting House, and at two of the Public
Taverns in said town, of the time and place, and cause
of Sale.

Sec. 4. And be it further enacted, that Ebenezer First meeting.
Thrasher Esquire, be impowered to call the first Meeting
of said Proprietors, and said Proprietors shall then agree
upon the manner of calling future meetings.

Approved June 22, 1803.

1803. — Chapter 50.

[May Session, ch. 50.]

AN ACT TO SET OFF CALEB STIMPSON WITH HIS DWELLING
HOUSE AND TWO ACRES OF LAND FROM THE PARISH IN
DORCHESTER TO THE THIRD PARISH IN ROXBURY.

Sec 1. Be it Enacted by the Senate and House of
Itepresentatives in General Court assembled, and by tJie
authority of the same, that Caleb Stimpson of Dorchester in
the County of Norfolk, his dwelling house, and two Acres
of land, adjoining, be, and hereby are set ofi' from the Par-
ish in Dorchester, and annexed to the third Parish in Kox-
bury in said County. Ajyproved June 22, 1803.

1803. — Chapter 51.

[May Session, ch. 51.]

AN ACT TO INCORPORATE JOHN SOMES AND OTHERS BY THE
NAME OF THE GLOUCESTER MARINE INSURANCE COMPANY.

Sect. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled and by the
authority of the same, that John Somes, William Pearson, Persons incor-
William Pearce, Fitzwilliam Sargent, and Ignatius Sar- p"'"""'''-
gent, and all others their associates, being Citizens of the
I'^nited States, who have or shall become Stockholders in a
Capital Stock to be paid and employed in the manner and
for the purposes herein after 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 this Act, a corporatename.
Body Politic and Corporate, by the name of the Glouces-

534

Acts, 1803. — Chapter 51.

ter Marine Insurance Company, and by that name the
said Stockholders may sue and be sued, implead and be
impleaded, and shall and may appear, prosecute and de-
fend in all actions and suits for or against them, until final
Judgment, 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
purchase or otherwise, and to hold and convey, real
estate, provided that the whole real estate, which the said
company shall at any one time hold or possess, in their
corporate capacity shall not exceed Four thousand dollars
in value.
Amount of cap- Sect. 2. And be it furthei' enacted, that the Capital
value of Bharea. Stock of the Said couipauy, including their real estate,
and exclusive of their accruing profits, premiums and div-
idends shall be One hundred thousand Dollars, and shall
be divided into one thousand shares, of which Fifty Dol-
lars on each share, shall be paid within thirty days after
the first meeting of the said company and the remainder
of each share shall be paid within twelve months after the
said first meeting of said company, 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 de-
manded, 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 permitted, or shall be valid, until the instalments
thereof shall be fully paid as aforesaid.

Sect. 3d. And he it further enacted, that the said
company shall have their first meeting on the first Mon-
day of July next at such hour and place in Gloucester
aforesaid, as the said John Somes, William Pearson, Wil-
liam Pearce, Fitzwilliam Sargent and Ignatius Sargent or
any three of them shall appoint ; and of Avhich they shall
give ten days previous notice, by an advertisement in the
Salem Gazette. And at the said first meeting, or some
adjournment thereof, the said company, or those of them
who shall be then and there assembled, shall agree and
determine, by what instalments, conformably to the terms
herein before limited, and under what penalties for any

Time and place
of first mcetiug,

Acts, 1803. — Chapter 51. 535

failure therein, the Shares of said Capital Stock shall be
paid ; and shall elect by ballot seven Directors, who being
sworn to the faithful discharge of their trust before some
Justice of the peace for the county of Essex, shall continue
in office until the first Monday in May next and until
another election of Directors : And on the said first mon- choice of ai-
day in May next, and afterwards on the like day annually, ^^°^°^^'
during the continuance of this Incorporation, 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 person shall be Proviso.
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 be it further enacted, that the seven Directors to
Directors, who shall be first elected as aforesaid, and their p'Jegi'dent.
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. 5. A)id be it fartlier enacted, that the Stock- Meetings of
holders may be convened by the President, or l)y a * "'^
majority 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, The President of the
Directors and in case of his absence, one of the Stock-
holders chosen for that purpose shall preside and the Sec-
retary shall record the proceedings of such meeting. —
Elections and other questions shall be determined by a
majority of votes, reckoning one Vote to each share ; pro-

536

Acts, 1803. — Chapter 51.

Proviso respect-
ing votes.

Payment of

instalments;
investment of
capital directed.

When business
may be entered
upon and its
nature defined.

The president
and directors
to conduct the
affairs of the
company and
their powers
defined.

vided that no Stockholder shall have more than ten votes ;
and 2)rovided that in the election of Directors, Stock-
holders not present may vote by proxy, under such regu-
lations as the Directors shall prescribe.

Sect. 6. And be it further enacted^ that the first, and
other inetalments, of the shares aforesaid, in the said Cap-
ital Stock, shall be paid to the said President and Direct-
ors, or at such place, as they shall prescribe and notify.
— And it shall be the duty of the said President and Direct-
ors to invest, within six months after payment of each
instalment the whole amount of their receipts for the Cap-
ital Stock of the said 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 incor-
porated Bank within this Commonwealth, at their discre-
tion.

Sect. 7. Ai^d he it further enacted, that after the Sum
of Fifty thousand Dollars shall be paid and received as
aforesaid, upon the Capital Stock of the said Company, and
not before, the President and Directors of the said Com-
pany shall have authority, in the behalf and for the ac-
count of the said company, to engage and undertake
Marine Insurances of every kind ; more especially, insur-
ances upon vessells, their lading and freight, and against
the captivity, and upon the life of any person during his
absence by sea, and upon Bottomry and Respondentia
Bonds and Contracts ; provided, that the said Company, or
their Directors shall not directly, or indirectly deal or trade
in buying or selling any goods, wares, merchandize or
commodities whatsoever.

Sect, 8. And be itfurtJier enacted, that the President
and Directors of said Company shall manage the Stock,
and property, and conduct the aflairs, undertakings and
concerns of said company, conformably to the purposes of
their association, and the authorities and privileges hereby
granted them. — The said President and Directors shall
hold stated meetings, once at the least in every month,
and 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 husi-
all questions before them shall be decided by a

ness.

majority of the votes present, — They shall have power to
establish annually a reasonable Salary for their President,
to appoint and employ a Secretary, a Clerk, and such

Acts, 1803. — Chapter 51. 537

other agents and servants, as they shall find necessary,
and to grant them reasonable Salaries and compensations.
They shall have authority to make and prescribe reason-
able bye laws and regulations for the goverment of their
officers, Agents and Servants ; and respecting the meet-
ings of the Stockholders, and of the Directors, and the
mode of establishing proxy's, and of voting in such meet-
ings respectively, and respecting the transfer of shares,
the transaction of the ordinary business of the company,
and the disposition, and management of their estate, stock
& eflects — Provided, that such bye-laws and regulations
shall not be repugnant to the constitution, and laws of
this Commonwealth.

Sect. 9. And be it further enacted, that the President President and

. ^ .,. ., two directors to

and two other Directors, to be appomted in rotation by meet daily.
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, and countersigned by
their Secretary, or Clerk, shall be valid and effectual
against the said company — and every adjustment, or set-
tlement, which shall l)e made by the President and Direct-
ors, of losses and Claims arising under such policies,
shall be conclusive against the said Company.

Sect. 10. And be it further enacted, that in the event incase ofiosses

./ ' affecting the

of any lo-s or losses from the Capital Stock of said Com- capital stock.
pany, and equal to the amount, which shall be at the time
actually paid and received as aforesaid, the President and
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 and
severally, in their own persons and estates, for the defi-
ciency of the said Ca[)ital Stock to discharge the loss or
losses, if any, which shall arise thereon.

Sect. 11. And be it further enacted, that the Pi'esi- ^c^'j^a^j^^'^^'j,^
dent and Directors of the said Company, on the last made.
monday in April next, and afterwards, half yearly, on the
last monday of April and October in every year, shall and
may divide, at an equal rate to each share in said Ca})ital
Stock, so much of the interest and nett profits, which shall
have accrued thereon, other than monies and demands

538

Acts, 1803. — Chapter 51.

Shares liable to
attachment
and mode
preBcribed.

paid or payable upon risks outstanding and undetermined,
as to them shall appear reasonable ; and such dividends
shall be declared, and shall be payable at the 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 other-
wise, re-established at the original amount.
Particular state- Sect. 12. And be it further enacted, that once in

ment to be i i i i • • c

made trieniaiiy evcrv thrcc ycars at the least and whenever a maiority oi

or oftencr •/ »/ ^ ^ »/ »/ ^

the Stockholders shall require it the Directors for the tune
being, shall lay before the Stockholders at their annual
meeting, or at an especial meeting to be called for the
purpose, a particular statement of the affairs of the Com-
pany, and of their estate and effects, and of the remain-
ing profits, if any, which shall have accrued on their
Capital Stock, with the losses, and dividends on hand, if
any, chargeable against the same.

Sect. 13. Andheit farther enacted, i\\£iiihQ shaves, imdi
property of every Stockholder in the said Capital Stock
shall be liable for his just Debts, and may be attached
therefor, and levied in Execution at the suit, or for the
satisfaction, of his Creditors; and the officer making such
attachment, or levying such Execution shall notify the
same to the President, or to the Secretary, or Clerk of
said Company, and shall leave a Copy of the process,
whereby the attachment or levy shall be made, at the
office of the said Company ; and no transfer of such
Debtors 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 levy. — And
it shall 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 an Execution, or so much thereof as shall be requisite
to satisfy the demands of the Creditor therein and all
fees, shall be exposed to sale as other personal estate ;
and the purchaser, who shall become intitled thereto un-
der such Execution, shall succeed to such Debtor as his
lawful assignee, and shall have a Certificate of such trans-
fer accordingly from the Clerk of the said company.

Acts, 1803. — Chapter 52. 539

Sect. 14. And be it further enacted, that the Presi- it7°^c.'t°o^"e^"

iiy-

dent and Directors of the said Company, previous to their pJJ^,','**''''' ""'

subscril)ing any policy of insurance, and once in every
year afterwards, shall publish in some Newspaper printed
at Salem aforesaid, the amount of their Capital Stock,
and upon what risque, and to what amount in any one
risque, they propose to insure, — Provided nevertheless,
that the said President & Directors, shall not be allowed
to insure on any one risque, a larger sum, than ten per
centum of the amount of the capital stock of said corpo-
ration, actually paid in.

Sect. 15. And be it further enacted, that the President ^'rde"^o°the° ''"
and Directors of the said Company, whenever it shall be |,X*n^required.
required by the Legislature of this Commonwealth, shall
lay before them a true statement of the affairs of the said
Company, & shall submit themselves to an examination
under oath concerning the same.

Approved June 22, 1803.

1803. — Chapter 52.

[May Session, ch. 52.]

AN ACT TO CONTINUE IN FORCE AN ACT PASSED IN THE
YEAH OF OUR LORD "ONE THOUSAND SEVEN HUNDRED
AND NINETY SIX, INTITLED, "AN ACT ESTABLISHING, AND
REGULATING THE FEES OF THE SEVERAL OFFICERS AND
OTHER PERSONS HEREAFTER MENTIONED, AND FOR RE-
PEALING THE LAWS HERETOFORE MADE FOR THAT PUR-
POSE."

Be it Enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
of the same. That the Act, entitled, " An Act establishing,
and regulating the fees of the several Officers and other
persons hereafter mentioned, and for repealing the Laws
heretofore made for that purpose," be, and hereby is con-
tinued in force untill the last day of June, in the Year of
our Lord one thousand, eight hundred and four; any
thing in any Act to the contrary notwithstanding.

Approved June 22, 1803.

540

Acts, 1803. — Chapter 53.

PerBODB incor
porated.

1803. — Chapter 53.

[May Session, ch. 53.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF WARREN, GUSHING AND ST. GEORGE IN THE COUNTY
OF LINCOLN INTO A DISTINCT AND SEPERATE RELIGIOUS
SOCIETY BY THE NAME OF THE BAPTIST RELIGIOUS SO-
CIETY IN WARREN, CUSHING, AND ST. GEORGE.

Sec. 1st. Be it enacted by the Senate, and House of
Representatives in General Court assembled, and by the
authority of the same, that Ephraim Hall, Love Alford,
James Fisher, Nathan Bucklen, Archibald Crawford, Na-
than Bucklen Jun. Reuben Tolman, Daniel Snow, John
Mclntyer, Nathan Peabody, Robert Mclntyer, Alexander
Kullock jun. Marlbore Packard, David Vose, Reuben
Hall, Hatevil Libbey, Jacob Caunce, John Payson, Isaac
Libbey, John Caunce, John Smith, David Libbey, Palmer
Mclntyer, Thomas Kellock, Philip Eajstman, Alexander
Kellock, James Hatch, Caleb Stover, Elijah Hall, James
Carney, John Curtis, John Madden, Isaac Hall, Peter
Hall, Caleb Hall, Michael Long, Madden Long, Christo-
pher Stover, David Lamson, David Pierson, Joseph Sea-
vey jun. Barnabas Fountain, Nathaniel Vickery, Samuel
Hart, Isaac Hall jun. Francis Foster, Thomas Hooper,
Daniel Howard, James Fuller, Moses Barter, Thomas
Matin, Jabez Henderson, James Teel, Isaac Norwood,
John Barter, John Andrews, Nathan Foster, Avery Hart,
Jesse Hart, William Linneken, David Wheeler, John
Harrinton, James Mathews, Hezekiah Prince, John
Lowell, John Gillchrest, John Miller, Samuel Gillchrest,
William Wheeler, Michael Shays, Dennis Fogerty jun.
Joseph Seavey, Michael Rowley, Alexander Hauthorn,
William Hart, James Hart, Benjamen Cook, Sedate Beck-
more, John Beckmore, Samuel Davis, Nathan Foster jun.
Israel Lovett, David Covel, Joseph Coombs, Henry K.
Dunbar, Timothy Parson, and Asa Dunbar, Members of
the said religious Society, with their Polls, and Estates
Corporate name, j^g^ ^^^ \\^Qy ^y^ hereV)y iucorporatcd by the Name of the
Baptist Religious Society in Warren, Cushing, and St.
George, with all the privileges, powers, and immunities,
which other Parishes, or religious Societies in this Com-
monwealth are by Law entitled to.

Sec. 2d. And be it further enacted, that any person,
who may hereafter actually become a member of, and

Method of join-
ing tiie society.

Acts, 1803. — Chapter 53. 541

unite in religious worship with the said Baptist Society,
and give in his, or her name to the Clerk of either of the
Towns or Parishes, of said towns of Warren, Gushing, or
St. George, to which he, or she may belong for Parochial
purposes with a Certificate signed by the Mini^ster, or
Clerk of the said Baptist Society, that he or she hath
actually become a Member of, and united in religious
worship with the said Baptist Society fourteen days pre-
vious to the Town or Parish meeting to be holden in the
Month of March or April annually, shall, from and after
giving such certificate be considered with his or her Polls
and estates as belonging to said Baptist Society : Provided
however^ that all such persons shall be holden to pay their
proportion of Monies assessed in the Town, or Parish to
which they belonged previous to that time.

Sec. 3d. Be it furtJier enacted, that when any Mem- Method of leav.
ber of said Baptist Society shall see cause, or be inclined '°^ esociey.
to leave said Society and join in religious worship with
that Society in either of the said Towns of Warren, Cash-
ing or St. George within whose limits, they may reside,
or dwell, and shall leave a Certificate with the Clerk of
said Baptist Society signed by the Minister or Clerk of the
Town, or Parish where such person shall so reside, that
he, or she hath actually become a Member of, and united
in religious worship with such Town, or Parish lourteen
days previous to their annual meeting holden in the Month
of March, or April, and shall pay his or her proportion of
all Monies voted in said Baptist Society, to be raised pre-
vious thereto ; such person shall from, and after giving
such Certificate with his, or her Polls, and Estates be con-
sidered as belonging to the Society to which he or she
hath so united.

Sec. 4th. Be it further enacted, that James Malcolm james Maicoim,
Esq. and Samuel Brown Esq. or either of them, be and he ueTi^rownf™
is hereby authorized to issue his warrant directed to some ^^[ggue w°u-^^'^
principal Member of the said Baptist Society, requiring "-"n'-
him to notify all the Members thereof qualified to vote in
parish aflairs to assemble at some suitable time and place
mentioned in said warrant to choose all such officers, as
parishes by Law are authorized, or required to choose in
the Month of March or April annually.

Approved June 22, 1803.

542 Acts, 1803. — Chapter 54.

1803. - Chapter 54.

[May Session, ch. 54.]

AN ACT TO REGULATE THE MANUFACTURE OF CHOCOLATE IN
THIS COMMONWEALTH, TO PREVENT DECEPTION IN THE
QUALITY AND EXPORTATION THEREOF, AND TO REPEAL A
LAW FOR THAT PURPOSE, PASSED MARCH THE EIGHTH, ONE
THOUSAND EIGHT HUNDRED & THREE.

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

Chocolate pans authority of the same. That all manufacturers of Chocolate
within this Commonwealth, shall make each and every
cake of chocolate in pans, in which shall 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.

brandB^e"'^ Sec. 2d. Bc it further enacted. That number one

scribed. chocolate shall be made of cocoa of the first quality, and

number two chocolate shall be made of the second quality
of cocoa, both of which shall be free from adulteration ;
number three may be made of the inferior kinds and
quality of cocoa ; and all the boxes containing chocolate
shall be branded on the end thereof with the word choco-
late, the name of the manufacturer, the town, and the
quality as described and directed for the pans, in the first
section of this Act.

Chocolate not Sec. 3d. Bc it further enacted. That all chocolate

made according I'liiii ^ I'l-Vi

lotiiisactto which shall be manutactured in this Commonwealth, and
which shall be offered for sale or found within the same,
without being marked in all respects as directed in the
foregoing sections of this Act, and also of the quality
therein described, the same shall be forfeited and liable to
seizure ; and if any person shall put on board, or receive
on board any vessel or carriage of conveyance, chocolate
not marked or branded as aforesaid, with an apparent in-
tent to transport the same out of this Commonwealth, he
or they shall forfeit the same, and shall pay a fine equal
to the amount and value thereof.
peac'e'to'ifsue^ Seo. 4tii. Bq it furthcr euacted. That it shall be the
warrants for dutv of any Justicc of the Peace, upon any information

seizure. .i?ii ii ^

given of any chocolate put on board any vessel or carriage
of conveyance, not marked and branded as required by
this Act, to issue his Warrant directed to the Sheriff or

Acts, 1803. — Chapter 55. 543

his deputy, or to a Constable, requiring them respectively
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 & em-
powered to execute the same ; and all penalties and for-
feitures arising by force and virtue of this Act, one
moiety thereof shall be for the use of the town where the
offence shall be committed, and the other moiety thereof,
to him or them who shall inform or sue for the same.
This Act to operate, and be in full force, from and after
the first day of October next : And the Act passed March Former act
the eighth, one thousand eight hundred and three, enti- '■^p'^*''^'*-
tied, "An Act to regulate the manufacture of chocolate
in this Commonwealth, and to prevent deception in the
quality and exportation thereof, be, and is hereby re-
pealed. Apjyroved June 22, 1803.

1803. — Chapter 55.

[May SeBsion, ch. 55.]

AN ACT TO PREVENT FRAUD AND DECEPTION IN PACKING OF
PICKLED FISH, AND TO REGULATE THE SIZE AND QUALITY
OF THE CASKS, AND THE EXPORTATION THEREOF, FROM THIS
COMMONWEALTH, AND TO REPEAL ALL LAWS HERETOFORE
MADE FOR THIS 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 from and after the tirst day of style and ma-
April next, all Barrels which shall be made or used for prescribed, &c.
the purpose of packing or containing pickled fish, shall
be made of sound seasoned white oak, or ash staves, with
heading of the same kind, & quality, or white pine
heads, sound and well seasoned, and the pine free from
sap ; the barrels to be well hooped, with at least three
hoops on each bilge, and three hoops on each chime, all
of which shall be good hoops, of sufficient substance ; the
barrel staves to be twenty-eight inches in length, and the
heads to be seventeen inches between the chimes ; and to
contain not less than twenty-nine, nor more than thirty
Gallons ; and all barrels, half barrels and Tierces for
packing fish, shall be branded on the side of the Cask
with the owner or maker's name ; and shall be made in a
workmanlike manner, to hold pickle ; the half barrels to
contain not less than fifteen and half gallons, and the

544

Acts, 1803. — Chapter 55.

An lufipector-
Geiieral to be
appointed who
shall give bonds,
be Bworn, and
appoint depu-
ties.

The Hsh to be
packed in
tierces, barrels,
or half barrels,
nod the weight
in each pre-
scribed and
the quantity of
salt to be used.

Tierces to contain not less than forty-five, nor more than
forty six gallons ; and not a less number of good hoops
on Tierces and half barrels, than is prescribed for barrels.
Provided Jiowever, that nothing contained in this act shall
extend to Fish packed in kegs under eight gallons.

Sect. 2nd. Be it further enacted^ that there shall be
an Inspector-General of all pickled fish which shall be ex-
ported from this Commonwealth, who shall be well skilled
in the knowledge and quality of the same, to be appointed
by the Governor, with the advice and consent of the
Council, and to be by them removable at pleasure, who,
before he shall enter on the duties of his Office, shall
give bonds, with suflficient sureties, to the Treasury of
this Commonwealth, in the penal sum of Two Thousand
Dollars, for the faithful discharge of his duty, and shall
also be sworn faithfully to perform the same. And such
Inspector shall have power, when so qualified, to appoint
Deputy-Inspectors (who shall be removable by him at
pleasure) in every Seaport town, or other Town within
this Commonwealth, where it shall be deemed necessary
to pack such fish for exportation, for whom he shall be
answerable, and shall take bonds from them to himself,
and successor in Ofiice, with sufiicient sureties, in a sum
not exceeding One Thousand Dollars, and the said depu-
ties shall also be sworn for the faithful discharge of their
duty.

Sect. 3d. Be it further Enacted^ that it shall be the
duty of the Inspector-General, or his deputies, or some
one of them, to see that Salmon, Mack[e]rel, Shad, and all
other kinds of split pickled fish, or fish for barreling, have
been well struck with Salt, or pickle in the first instance,
and preserved sweet, free from rust, taint or damage ;
and such fish as are in good order, and of a good quality,
shall be packed in Tierces, Barrels, or half barrels ; the
Teii'ces shall contain three hundred pounds, the barrels
shall contain two hundred pounds, and the half barrels
one hundred pounds of fish each ; and the same shall be
packed with clean salt of a good quality suitable for the
purpose. In half barrels there shall be not less than
thirty pounds of salt; in the barrels, not less than sixty
pounds ; in Teirces, ninety pounds of salt ; and said
Casks, after being packed and headed up with the fish
and salt as aforesaid, shall be filled up with a clear
strong pickle, and shall be branded, Salmon, Mack[e]rel,

Acts, 1803. — Chapter 55. 545

Shad, as the case may be. And those of the best quality,
caught in the right season, to be most approved (the
poorest having been seperated) being free from any dam-
age, shall be branded, Cargo No. 1, all those caught at
other seasons, and which have been selected from the
best, being sweet, and free from damage shall be branded
Cargo No. 2. And the Inspector shall also brand on
the head of each and every Cask, in which inspected
merchantable pickled fish, or whole fish are packed, or
repacked, the initials of his christian name, with his sur-
name at large, the name of the Town for which he is
appointed, also the words for County, and Mass. for
Massachusetts, in plain legible letters ; each Cask shall
be filled with fish of one and the same kind ; and if any Penalty for
person shall intermix, take out or shift any inspected fish, and'fJfr export-
which are packed and branded as aforesaid, or put in mfy be'dlm°^
other fish for sale or exportation, contrary to the true "s^*^-
intent and meaning of this act, he, or they shall forfeit
and pay fifteen Dollars for each and every package so
altered : Provided however, if any casualty shall render
it necessary to repack a Cask of inspected fish, it may in
all cases be done by an inspector of such fish ; and if any
person or persons, shall export, or cause to be exported
from this Commonwealth any tainted or damaged fish, he
shall forfeit and pay ten dollars, for each and every hun-
dred weight that shall be thus exported.

Sect. 4th. Be it further enacted, that all small fish. Directions reia-

tiVG to llBU

which are usually packed Avhole with dry salt, shall be packed with

• • drv suit

put in good Casks of the size described in the first sec-
tion of this Act ; these Casks may be made of good
sound red-oak or pine timber well seasoned, to be hooped
with not less than twelve good & sufficient hoops on each
Cask ; the whole fish shall be packed close, edgewise in
the Cask, and well salted, the Cask shall be filled lull with
the fish and salt, putting no more salt with the fish than
is necessary for the preservation of such fish ; and the
Inspector shall brand all Casks containing such inspected
whole fish, with the name of the fish, and the quality, as
directed in the third Section of this Act.

Sect. 5th. Be it further enacted, that no pickled fish pickicd fish not
shall be exported from this Commonwealth in Casks by 1°, JfesauYnf'^
water, unless the master or owner of the vessel shall pro- spfction certifl-

' 1 cate IS exniblted

duce to the Collector, or any other Officer authorized by and oath taken
the laws of the United States to clear vessels out, a cer-

54G

Acts, 1803. — Chapter 55.

Penalty for put-
ting or receiving
ou board any
vessel casks of
tish not in-
spected.

Fees for certifi-
cates and for
inspection.

tificate from the Inspector General or his deputy, that the
same has been inspected, packed and branded, according
to the directions in this act ; and the certiticate shall ex-
press the number of Teirces, Barrels, and half barrels,
thus shiped, the kind and quality of the fish they contain,
with the Name of the Master or owner, and the name of
the vessel in which such fish are received for exportation.
And such Master or owner of every vessel shall take and
subscribe the following oath before the Oflacer authorized
as aforesaid :

I, A. B. do swear, according to the l^est of my knowl-
edge and belief, the Certificate hereunto annexed con-
tains the whole quantity of pickled and barreled fish on
board the , Master, and that no fish

is shiped on board said vessel, for the ship's company, or
on freight or Cargo, but what is inspected and branded
according to the law of this Commonwealth : — So help
me God.

Sect. 6th. Be it farther Enacted, that if any master
of a vessel or other person, shall put or receive on board
any vessel or other Carriage of conveyance, to transport
the same from this Commonwealth, any pickled or whole
fish, packed in Casks, which are not inspected and branded
as directed and required by this act, he or they, on con-
viction, shall forfeit and pay not less than five Dollars, nor
more than ten DolUirs, for each and every hundred pounds
of such uninspected fish.

Sect. 7th. Be it further Enacted, that the Inspector-
General and his deputies, appointed by virtue of this act,
shall be paid for each Certificate for Exportation twenty
five Cents ; and for inspecting and branding each and
every Cask offish as directed by this act, for each Teirce,
fourteen Cents; for each Barrel, eleven Cents; for each
half barrel eight Cents, exclusive of the labor and expence
of packing and Coopering; — the charge for certificates,
inspecting and branding shall be paid by the exporter, in
addition to the purchase or Cost of said fish : — And the
Inspector General shall be entitled to receive from each
and every deputy he shall appoint, four Cents, for each
Teirce ; three Cents for each Barrel ; and one and half
Cent for each half Barrel, which said deputies shall inspect
and brand agreeably to the directions in this act ; and it
shall be the duty of each and every deputy-Inspector, to
make return to the Inspector General, once in six months,
of all the Teirces, Barrels, and half Barrels of fish, which

Acts, 1803. — Chapter 55. 547

they have inspected and branded agreeably to this act.

And it shall be the duty of the Inspector General, annually, An annual re-

,1 ii i- T J. I i. X xi r^ turn to be made.

in the month oi January, to make return to the Gov-
ernor and Council, of all the fish which have been in-
spected by him, and his deputies the past year.

Sect. 8th. J3e it further Enacted, that if any In- Penalty for
spector, or his Deputy, appointed by virtue of this act, branding Ash
shall brand any fish which he has not inspected, weighed, ^°' i"«i'«<"«d,
packed, salted and Coopered, according to the true intent
and meaning of this Act, or if he shall permit other per-
sons to use his brands, in violation or evasion thereof, he
shall forfeit and pay the sum of twenty dollars, for each
and every Cask so Ijranded, and be liable to removal from
the Ofiice of Inspector.

Sect. 9th. Be it further Enacted, that if any pickled wan'anufo'/the
or barreled fish shall be put on board any Boat, Vessel, or p^ctfedof bar
carriage of Conveyance with an intent to export the same reiiedflshat-

r I • /^ Til j^ J. ii • • 1 tempted to be

trom this Commonwealth, contrary to the provisions and exported con-
true intent of this act, it shall be lawful for any Justice of proTis'ons of
the peace in the same County, upon information given ^'''*'*<^'-
him thereof, to issue his Warrant to the Sheriff or his
deputy, or to any Constable of the Town in which said
Boat, Vessel, or Carriage may be, requiring them respec-
tively to seize such fish and secure the same, and carry
the same to some Inspector or Deputy, within the same
Town or District in which such Boat, vessel or carriage
shall be, who is hereby authorized to open and inspect the
eame, and to pack and brand the same, as is before pro-
vided by this act, and detain the same, until the expence
and charges of seizure. Inspection, packing and all other
charges arising from such seizure shall be paid, and it
shall be the duty of every person, when required, to give
his necessary aid for that purpose, on pain of forfeiting
five Dollars, for his refusal. And all penalties and for- Recovery of

. . . ^ . nnes.

feitures arising by force and virtue of this Act, shall be
recovered by action of Debt, or information, in any Court
proper to try the same ; one moiety thereof for the use
of the Town wherein the offence shall be committed, and
the other moiety, to him or them who shall inform or sue
for the same.

Sect. 10th. Be it further Enacted, that all laws here- Former uwb

, f, , . , i»i • r- repealed.

totore made respecting the packing and exporting of
barreled pickled fish, from the Commonwealth, Be, and
the same are hereby repealed, from and after the first day
of April next. Approved June 23, 1803.

548

Acts, 1803. — Chapter 56.

Pew proprie-
tors incor-
porated.

Corporate
narae.

Annual meet-
lugs to beheld.

Officers to be
chosen.

Duty of clerk.

Power of the
committee.

1803. — Chapter 56.

[May Session, ch. 56.]

AN ACT DECLARING AND CONFIRMING THE INCORPORATION OF
THE PROPRIETORS OF THE NEW SOUTH MEETING-HOUSE IN
BOSTON.

Sect. 1. Be it enacted by the Senate and House of
Representatives , in General Court Assembled, and by the
authority of the same, — That all persons, who now are,
or who may hereafter be the proprietors of the pews in
the Congregational Meeting-house situate in Summer
Street, in Boston, be, and they are hereby declared and
confirmed to be a body politic and corporate, by the name
of The Proprietors of the New South Meeting-house in
Boston, and the said Corporation shall be, and hereby are
deemed in law, to be seized of the same Meeting-house,
with all the land under, adjoining, and belonging to the
same, with the priviledges and appurtenances, excepting,
however, to the several proprietors of the pews in said
Meeting-house, their right to, and interest in the said
pews respectively.

Sect. 2. And be it further enacted by the authority
aforesaid, that the said proprietors shall meet annually
at the said Meeting house on the first Wednesday in May,
and at such other times there as they may be duly notified
in manner hereafter mentioned, and at said Annual meet-
ing, after having chosen a moderator, shall choose a
Clerk, Treasurer, and a Committee consisting of seven
persons and assessors, not exceeding six persons, who
shall all continue in office during the year & untill others
are chosen in their room. Provided, however, if, for any
cause, the said annual meeting should not be holden, then
the said officers may be chosen at any other meeting, duly
notified for that purpose.

Sect. 3. And be it further enacted, that the said Clerk
shall be sworn to the faithful discharge of the duties of
his office, and it shall be his duty to record all the votes
and all the proceedings of the said Proprietors, and of the
said Committee, and of the assessors aforesaid, in seperate
books, to be kept by him for that purpose ; And the said
Committee, or a major part of them, shall have full power
to manage all the prudential afi^airs of the said proprie-
tors in the same and in as ample a manner as parish Com-

Acts, 1803. — Chapter 56. 549

mittees are authorized by law to manage the prudential
aflairs of parishes, and to notify any proprietors' meeting
by posting up a notification at the door of said meeting-
house three days, at least, before the time of holding the
same, and shall also be, ex officio, assessors of the said
proprietors, in conjunction with such other assessors as
may be chosen.

Sect. 4. And be it further enacted, that the said pro- Proprietors
prietors shall be entitled, to all the priviledges they have uegL^ound''
heretofore in fiict enjoyed, and shall lie bound by all the empoweTedt'o
contracts they have heretofore in fact entered into, as ^n^rac'jr^&c
well with their present minister as with others, and sub-
ject to all the duties, they have heretofore in fact been sub-
ject to. — And the said proprietors are also empowered,
from time to time, to make such further contracts and
raise such sums of money annually, as they shall judge
necessary for the maintenance and support of the public
worship of God, for the repairs or alteration of said Meet-
ing house, and making any reasonable addition to the sal-
ary of their present or any future Minister, and for other
parochial and incidental charges, and all monies, so raised
by the said proprietors, shall be paid annually, or by in-
stallments, at such times and in such proportions as said
proprietors shall direct.

Sect. 5. And he it further enacted, that all monies. Method of lay-
raised by the said proprietors for the i)urposes aforesaid, mentHand mode
shall be assessed by the said Committee and Assessors,
jointly, or by the major part of them, upon the several
proprietors of the pews in said Meeting house, one half of
such assessments according to the relative value of the
said pews, regard being had to their situation and conven-
ience, and the other half according to the relative values
of the rateable estates, real and personal, of the said pro-
prietors, according to the best judgment and discretion of
said Committee and Assessors, and shall make out a list
of such assessment, stating the names of the proprietors
and the numbers of the pews and times of payment, and of
the installments by which the payments are to be made,
if any, certified by the clerk, and deliver the same to the
Treasurer, for the time being, who shall thereupon make
out under his hand, a bill of each proprietors assessment,
and of the time or times of payment, and cause the same
to be left in his pew, of which fact the oath of the Treas-
urer shall, in all cases, be sufficient evidence. And if any

of collection.

550

Acts, 1803. — Chapter 56.

Pews of delin-
quent proprie-
tore to be sold
and the disposal
of the proceeds
directed.

In case of the
decease of an
officer.

Committee to
have the pref-
erence when
pews are to
be sold.

proi)rietor shall be in arrear in the payment of said tax,
or of any part thereof, to the Treasurer, for the space of
three months, the Treasurer shall certify the same, in
writing, to the said Committee, who are hereby author-
ized to sell the said pew at public auction, to the highest
bidder, and to execute to him a good deed thereof, pro-
vided the time and place of sale be published in one of
the Boston Newspapers, three weeks successively pre-
vious to the sale, and provided the tax, or so much as
shall be in arrear, together with the charges of publica-
tion, be not paid before the time of sale. And the Com-
mittee, after deducting from the proceeds of the sale, in
case they do not exceed the sum originally paid by the
said Proprietor, his ancestor or devisor, for said pew, and
in case they do exceed that sum, then from the amount of
the original consideration money, the charges of said sale,
and the tax in arrear, and all other sums before that time
assessed on such delinquent proprietor and not paid, in-
cluding any future installments assessed, but not due,
shall pay the remainder, if any, to such proprietor or his
order. Provided ahvays, that the excess of the proceeds
of such sale above the sum originally paid by said pro-
prietor, his ancestor or devisor, for said pew, shall be the
property of the proprietors of said meeting-house, sub-
ject to no deduction whatsoever.

Sect. 6. And be it further enacted by the authority
aforesaid, that if any of the officers aforesaid shall die or
resign during the year for which they were chosen, other
persons may be elected, in their room, for the remainder
of the year at any Meeting of the proprietors to be noti-
fied by a major part of the Committee, but in all cases
where there is but one of the Committee in office he shall
have sufficient authority to call any meeting of the pro-
prietors.

Sect. 7. Ayid be it further enacted by the authority
aforesaid, that no proprietor of any pew shall have lib-
erty to sell the same unless he first give notice of his
intention to the Committee, or some one of them, in
writing, and if the Committee, or some one of them, shall,
within thirty days after such notice, pay or tender to such
proprietor the full sum originally paid by such proprietor,
or by his ancestor or devisor, under whom he claims, de-
ducting therefrom all such sums of money as shall have
been assessed on said proprietor and are unpaid, then

Acts, 1803. — Chapter 57. 551

such pew, from the time of such payment or tender, shall
become the property of the proprietors ; but if no such
payment or tender shall be made within thirty days, then
such proprietor may sell and dispose of his pew at his
pleasure. — And all pews which now are, or at any time
hereafter may be, the property of the said proprietors,
may be conveyed by the major part of said Committee,
by their deed, for the benefit of said proprietors, sul)ject,
however, to such regulations as may be made, from time
to time, by said proprietors. And all deeds, executed by
said Committee, shall express the condition aforesaid, on
which the purchaser shall take such pew. And all deeds Deeds to be
of the several pews in the said Meeting house shall be recorded, &c.
recorded by the Clerk of said proprietors in a book to be
kept by him, particularly for that purpose, for which he
shall receive twenty-five cents and no more.

Sect. 8. And be it furtJier enacted by the authority
aforesaid, that Henry Hill, Daniel Bates and Joseph First meeting.
Field, or any two of them, may cause the first meeting
of said proprietors to be called for the purpose of choos-
ing the officers of said proprietors for the year ensuing,
and for any other purpose specified in a notification, by
them to be posted up at the door of said Meeting house,
giving notice of the time and place of said meeting, and
also by causing the same to be notified to said proprie-
tors, after divine service, on the Sabbath preceding the
day appointed for said Meeting.

Approved June 23, 1803.

1803. — Chapter 57.

[May Session, ch. 57.]

AN ACT TO ESTABLISH A CORPORATION FOR TEIE PURPOSE
OF DYKING A CERTAIN TRACT OF MARSH IN THE TOWN
OF SCARBOROUGH.

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same. That Robert Southgate, John M. Persons incor-
Milliken, Nathaniel Seavy, Simeon Fitts, Isaac Dearing,
Jeremiah Dearing, Isaac Dearing Junr., John Deariiig,
Thomas Seavy, William Seavy and Joseph Milliken, being
the sole Owners of the aforesaid tract of Marsh, together
with their Associates, and such others as may hereafter
associate with them, and their successors shall be a Corpo-

porated.

552

Acts, 1803. — Chapter 57.

Corporate
name.

Money to be
raised to make,
repair and
maintain the
dyke, &c.

The parts of the
marsh belong-
ing to delin-
quent proprie-
tors may be
sold.

ration, hy the name of The Second Scarboro' Dyke Cor-
poration, with all the powers & privileges incident to
Similar Corporations, for the purpose of making and
keeping in repair a Dyke wall on said Marsh, to commence
at the Northwest corner of Nathaniel Seavy's dyked
Marsh, near the new river (so called) and from thence
running up said New River, on its southern bank, and on
the Southern bank of the Main river to the landing point-
marsh, thence crossing over said point and the main River
by a Dam and Gates, about six rods above the Bridge, to
the west bank of said river, thence running down the
river on the Western bank, to the upland now used as a
common landing place.

Sec. 2. A7id be it further Enacted^ that the said Rob-
ert Southgate & others, proprietors of the Marsh afore-
said their heirs and assigns, be, and they hereby are
authorised and impowered, to raise by an Assessment or
tax, to be made and levied on all the proprietors of said
Marsh, lying with[m] the Dyke to be made as aforesaid
according to the proportion of interest they severally hold
therein, such sums or sum of money, for defraying the
charges of making, repairing & maintaining the said
Dyke wall, dam & gates as aforesaid, as shall be agreed
upon by said proprietors their heirs and assigns, or a
major part of them as shall be assembled at any legal
meeting to be called for that purpose, and said proprie-
tors shall be subject to compensate the Owners of any
Marsh on which said Wall shall be built, or wdiich shall
be cut up for the purpose of building or keeping the same
in repair. And if any of the Proprietors of said Marsh,
shall neglect or refuse to pay the sum or sums of money
duly assessed on him therefor[e], 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 sheAvn him, or a copy thereof left at his usual place
of abode, then the said proprietors are hereby fully au-
thorised and impowered from time to time, to sell and
convey at public Vendue, to the highest bidder so much
of such delinquent proprietors part of said Marsh, as
will be sufBcient to satisfy and pay the sum or sums as-
sessed as aforesaid, and all reasonable charges attending
said Sale ; notice of such sale, and of the time and place
thereof being given, by posting an advertisement thereof,
in some public place, in the town aforesaid, and by ad-

Acts, 1803. — Chapter 58. 553

vertising the same in one of the newspapers printed in
Porthmd six weel?s at least before the time of such sale ;
and the said Proprietors may, by their Clerk, execute a
good Deed or Deeds of conveyance of the said marsh so
sold, unto the purchaser thereof: Provided nevertheless^
that the proprietor or proi)rietors, 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 at the
rate of six dollars per annum for every hundred dollars
produced by such sale, and so in proportion for a greater
or less sum.

Sec. 3. And be it further enacted, That the first Meet- f*"* meeting.
ing of said Proprietors shall be held at the house of John
M. Milliken, Inn-holder in said Scarboro', on the third
Monday of July next, at two oClock, in the afternoon
for the purpose of Choosing a Clerk and such other Ofii-
cers, as may then & there be agreed upon, who shall be
sworn to the ftiithful discharge of the duties of their re-
spective offices. And the said Corporation may then &
there establish other necessary rules & regulations for the
better management of its afi'airs, for which purpose they
are hereby invested with all the powers appertaining to
proprietors of general fields. And the said Corporation
may then and there agree upon a Method for calling future
Meetings. Ax)2oroved June 23, 1803.

1803. — Chapter 58.

[May Session, eh. 58.]

AN ACT TO INCORrORATE CERTAIN PROPRIETORS OF MEADOW-
LAND LYING ON NEPONSET RIVER WITHIN THE TOWN OF
CANTON FOR THE PURPOSE OF FENCING IMPROVING AND
BETTER MANAGING THE SAME.

Sec 1st. Be it enacted by the Senate and house of
Representatives in General Court assetiibled, and by the
authority of the same — That from and after the passing Boundaries.
of this Act all the proprietors of certain meadow Land,
lying in Canton bounded as follows beijininir at the
south east corner of Elijah Dunbar's meadow at Musha-
pog River thence down said River till it comes to the
meadow of John Ellis thence by said Ellis' meadow on
the line that runs between said Ellis and Lemuel Bent
to a great ditch, thence northerly by said ditch till it

554

Acts, 1803. — Chapter 58.

Corporate
name.

Justice of the
Peace to issua
warrant for
first meetiug.

comes to the ditch north of the meadow owned by Cap.
William Bent, thence easterly on said ditch till it comes
to the ditch by White's swamp so called thence southerly
by a ditch in the westerly side of Jacob Shepperd's
meadow to the end of said ditch thence easterly between
the medow of Lewis Morse and land formerly owned by
Henry Morse deceased to the upland, thence by the up-
land as the fence now stands to the River first mentioned
be and they hereby are incorporated into a body politic
by the name of the proprietors of the common meadow
in Canton and by that name may sue and be sued and do
and suffer all matters acts or things which bodies politic
may or ought to do and suffer.

Sec. 2d. And be it further enacted, that any Justice
of the Peace in the county of Norfolk be and he hereby
is impowered and directed upon application in writing,
from five or more of said proprietors to issue his warrant
to one of the proprietors aforesaid requiring him to notify
and warn a meeting of said proprietors at such time and
place as he shall judge most convenient and for the pur-
poses to be expressed in said warrant by posting up copies
of said warrant with the notification thereon at the several
houses of public worship in the towns wherein said pro-
prietors reside, fourteen days at least before the time for
holding said meeting and the said proprietors when legally
Officers maybe asscmblcd as aforcsaid shall have power to choose a Clerk,
c osen. Committee, Assessors, Collector, or Collectors of taxes

and treasurer who shall be sworn to the faithful discharge
of the trust reposed in them and continue to serve until!
others are chosen and sworn in their room which may be
as often as said Corporation shall judge necessary which
officers chosen and sworn as aforesaid shall have the same
power to perform, execute and carry any vote or order of
said Corporation into full effect as town officers of like
description have by law to do and perform in their re-
spective offices and said corporation shall at their first
meeting agree and determine upon a method for calling
^?°J|f ™"y^® future meetings — and said Corporation shall at their first
meeting or at any future meeting legally called for that
purpose have power to vote and raise monies for the pur-
pose of fencing, improving and better managing their said
common property, and for carrying the votes and orders
of said Corporation into effect and all monies which may
be voted to be raised as aforesaid shall be assessed upon

Acts, 1803. — Chapter 59. 555

each proprietor in the meadows aforesaid in proportion
to the number of acres he or she owns thereof — And if
any })roprietor shall refuse or neglect to pay the sum or
sums assessed upon him or her as aforesaid after sixty
days notice so much of his or her meadow land shall be
sold as will be sufficient to pay the same together with
legal costs, in the same way and manner as non resident
proprietors lands in this Commonwealth are sold to pay
taxes.

Sect. 3d. Be it furllier enacted, that any person or Members may

h* I 1 . . . • :\ r\ T?- ij be admitted.

o own meadows adjommg said Common iield

may be admitted by a majority of the votes of said Cor-
poration as members & be subject to all the duties and
enjoy all the priviledges of this Corporation.

Approved June 23, 1803.

1803. — Chapter 59.

[May Session, cli. 59.]

AN ACT TO ESTABLISH A CORPORATION, BY THE NAME OF
THE WISCASET AND WOOLWICH TURNPIKE CORPORATION.

Sect. 1st. Be it enacted hy the Senate, <& Hoia^e of
Representatives, in General Court assembled, and hy the
authority of the same, that Samuel Adams, Jeremiah Persona incor-
Baily, Jonathan Bowman junior, Alden Bradford, Joseph ^""^"'^
Christophers, John Glidden, Silas Lee, Thomas Nickels,
David Payson Junr., William Pike, Henry Koby, Samuel
Sevey, and Abiel Wood, together with such others as
may hereafter associate with them, & their successors or
assigns, shall be a Corporation by the name & style of The corporate
Wiscaset and Woolwich Turnpike Corporation, with all "'""*•
the powers & privileges usually given and incident to
similar Corporations for making Turnpike Koads, for the
purpose of laying out, making, & keeping in repair a
Turnpike Road from the Court House in Wiscaset to the
place called Day's Ferry in Woolwich, upon as strait a
line as circumstances will admit. And the said Turnpike
Road shall not be less than four rods wide, and the part
to be travelled on, not less than twenty four feet wide in
any part thereof; and when the said road shall be suffi-
ciently made, and shall be so allowed & approved by a
Committee, appointed by the Court of General Sessions
of the Peace, for the County of Lincoln for that jMirpose
(provided that no member of said Committee, shall have

556

Acts, 1803. — Chapter 59.

One gate al-
lowed whea
the road Is
approved.

Justices of the
Court of Gen-
eral Sessions
to lay out the
road.

Rates of toll
established.

any share or interest, in the said Turnpike,) then the said
Turnpike Corporation shall be authorized to erect one
turnpilve gate on the said road, in such place and manner
as the said Corporation may judge necessary & conven-
ient for collecting the Toll.

Sect. 2d. And be it further enacted, that the said Cor-
poration may purchase and hold land, over which they
may make the said road ; and the Justices of the Court
of general Sessions of the Peace, in the County of Lincoln,
are hereby authorized on the application of the said Cor-
poration, to lay out the said road, or any part thereof, as
they, with the consent of the said Corporation shall think
proper ; and the said Corporation shall be liable to pay all
damages which 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, ap-
pointed by the Court of General Sessions of the Peace,
for the said County of Lincoln, saving to either party
the right of trial by Jury, according to the Law, which
makes provision for the recovery of damages, arising
from the laying out of highways.

Sect. 3d. A^id be it further enacted, that it shall be
lawful for the said Corporation to demand & receive of
each traveller or passenger, the following rates of Toll,
Viz. For every coach, chariot, pha?ton, 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 an aditional 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 & a half cents, for every man and horse
Six Cents and a quarter, 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 and a half, for all horses, mules, oxen,
or neat cattle, led or driven, beside those in teams or car-
riages one cent each, & for all sheep & swine, at the rate
of three cents by the dozen, and in that proportion for a
greater or lesser number. Provided however that the said
Corporation may, if they see cause, commute the rate of
toll with any person or persons, or with any Corporation

Acts, 1803. — Chapter 59. 557

by taking of him or them a certain sum annually, to be
mutually agreed on, in lieu of the toll aforesaid. And the a signboard to
said Corporation shall at each place where the toll shall
be collected, erect in some conspicuous place, & con-
stantly keep exposed 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.

Sect. 4th. And be it further enacted, that if any per- penalty for
son shall cut, break down, or otherwise injure or destroy, g°i"eso?Jond
either of the said turnpike gates, or shall dig up, or carry f^g/on*'^"'*'
away any earth from the said road, or in any other man-
ner damage the same, or shall forcibly pass, or attempt to
pass the said gate by force, with an intent to avoid the
payment of the legal toll at such gate, such person shall
forfeit & 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 the said road, to pass the said Turn-
pike 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 Two Dollars, 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 hoiuever, Exemptions
that nothing in this act shall extend, to entitle the said ^'■°'"'°"-
Corporation to demand or receive toll, of any person, who
shall be passing on foot, or with his horse or carriage, to
or from public worship, or with his horse, team, or cattle,
to or from his common labor on his farm, or to or from
any grist mill, or on the common & ordinary business of
family concerns, or from any person or persons passing on
military duty.

Sect. 5th. And he it further enacted, that if the said deiay'i'n/pas-
Coriioration, or their Toll gatherer, or others in their em- Benders or

1 u n 1111 u- 1 X n exacting Illegal

ploy, shall unreasonably delay or hmder, any traveller or toil,
passenger, or shall demand or receive more Toll, than is
by this act established, the said Corporation shall forfeit
& 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
said Corporation, by leaving a copy of the same, with the
Treasurer, or with some individual member, living in

558

Acts, 1803. — Chapter 59.

Corporation
liiiblc for dam-
ages by defect
of bridges.

Shares to be
deemed per-
Boual estate
and mode of
transfer and
attachment
prescribed.

An account of
cost of road and
annual returns
to be exhibited.

the County of Lincoln, or by reading the same to the said
Treasurer, or individual member, at least seven days be-
fore the day of trial. And the said Treasurer or indi-
vidual member, shall be allowed to defend the same suit,
in behalf of the said Corporation. And the said Corpo-
ration shall be liable to pay all damages, which may
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 the said way, and shall also be liable
to presentment by the Grand Jury, for not keeping the
same ia good repair.

Sect. 6th. And be it further enacted, that the shares
in the same Turnpike road shall be taken, deemed, & con-
sidered to be personal estate, to all intents &, purposes,
& shall & may be transferable, and the mode of transfering
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 pro-
vided & 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 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
judgement creditor, leaving a copy of the execution, and
the officer's return on the same, with the Clerk of the said
Corporation, within fourteen days after such sale, & pay-
ing for the recording of the same, shall be deemed & con-
sidered as a sufficient transfer, of such share or shares, in
the said Turnpike road.

Sect. 7th. And he it further enacted that the said
Corporation shall within six months after the said road is
compleated, lodge in the Secretary's office, an account of
the expences thereof; & that the said Corporation shall
annually exhibit, to the Governor & Council, a true ac-
count of the income or dividend arising from the said toll,
with their necessary annual disbursements on the said
road ; & 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.

Acts, 1803. — Chapter 59. 559

Sect. 8th. And be it further enacted, that whenever shares of deiin-
any Proprietor shall neglect or refuse, to pay any tax or to"rt°raayTe"oid
assessment, duly voted and agreed upon by the Corpora- prescrfb^cT.''''
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 newspaper printed at Wiscaset,
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, and on
producing a certificate of audi 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, &
such person shall be considered, to all intents & purposes
the Proprietor thereof, & the overplus, if any there be,
shall be paid on demand, by the Treasurer, to the person
whose shares were so sold.

Sect. 9th. Ayid be it further enacted, that the General ^ay^be^'diB-''
Court may dissolve the said Corporation, whenever it shall fo'^^d when

"^ , . . f, , II' . • I' indemnified

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
purchasing, repairing, & 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 the disposal of the Legislature thereof. Provided
however, that if the said Corporation shall neglect to com-
plete the said Turnpike road for the space of seven years
from the passing of this act, the same shall be void & of
no effect.

Sect. 10. And be it further etiacfed, that the first ^/='«''V°''
meeting of the said Corporation shall be held at such time to be chosen.
& place, as shall be agreed on, by the major part of the
proprietors, for the purpose of choosing a Clerk, who shall
be sworn to the faithful discharge of the duties of his said
Office, & such other officers, as may then & there be
agreed on, by the said Cor{)oration ; and the said Corpo-
ration, may at the same time establish such rules & regu-

560

Acts, 1803. — Chapter 60.

lations, as shall be judged necessary for the well ordering
of its aflairs ; and also upon a method for calling future
meetings ; provided that such rules & regulations shall in
no case be repugnant to the Constitution & Laws of this
Commonwealth. Approved June 23, 1803.

Times of hold-
ing the courtB
altered.

Actions, &c.
commenced,
&c. for the
former terms.

1803. — Chapter 60.

[May Session, ch. 60.]

AN ACT FOR ALTERING THE TIMES OF HOLDING THE SU-
PREME JUDICIAL COURT, IN THE COUNTIES OF SUFFOLK
AND ESSEX.

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 Supreme Judicial Court, which by law is
provided to be holden at Boston, for the Count [^]es of
Suffolk and Nantucket, on the second Tuesday of August
annually, shall be holden at the same place on the second
Tuesday of November annually ; and that the session of
the same Court, which by law is now to be holden at
Boston, for the same Counties, on the second tuesday of
February annually, shall be holden at the same place, on
the second tuesday of March annually ; and that the ses-
sion of the Supreme Judicial Court, which is provided l)y
law to be holden at Salem, within and for the County of
Essex, on the second tuesday of November annually.,
shall be holden at the same place on the last tuesday of
October annually.

Sec. 2d. And be it further enacted, that all actions,
suits, processes, appeals, and recognizances, already com-

toTe%roc"eded mcnccd, sucd out, or made returnable, or that hereafter
leimtnf-^^^ may be commenced, sued out, or made returnable, to
established. either of the Courts aforesaid, which were to have been
holden at Boston on the said second tuesday of August,
and at Salem on the said second tuesday of November ;
and all actions, suits, processes, recognizances, and pros-
ecutions of every kind, now pending, or that may be
pending before either of said Courts, which, before the
passing of this act, were to be holden in the said County
of Suttblk, on the second tuesday of August, and in the
said County of Essex, on the said second tuesday of No-
vember next, shall be returnable to, entered, made, and
proceeded upon, prosecuted, tried, and determined, agre-

Acts, 1803. — Chapter 61. 561

ably to the true intent of such actions, writs, suits, proc-
esses, ap})eals, recognizances, and prosecutions in the
Courts to be holden by virtue of this Act, at said Boston
and Salem, on the days provided in and by this Act.

Sec. 3d. And be it further enacted, that the Act, en- Part of former
titled, " An Act making further provision in the Judicial ^^''^p''^®
Department," so far as it respects the holding of the said
supreme Judicial Court, at Boston, for the Counties of
Suifolk and Nantucket on the second tuesday of February
& on the Second Tuesday of August annually ; and also
so far as it respects the holding of said supreme Judicial
Court at Salem, within and for the County of Essex, on
the second tuesday of November annually, be, and hereby
is repealed. Approved June 23, 1803.

1803. — Chapter 61.

[May SeesioD, ch. 61.]

AN ACT TO INCORPORATE SAMUEL PAGE AND OTHERS FOR
THE PURPOSE OF ESTABLISHING AN IRON MANUFACTORY
AND OTHER PURPOSES THEREIN MENTIONED.

Whereas Samuel Page, Thomas Putnam, Caleb Oakes, Preamble.
Samuel Indecott, John Page, Hezekiah Flint, and others
have associated themselves together for the purposes of
building and keeping in repair a Stone Bridge over Por-
ter's river (so called) between Beverly and Danvers in the
County of Essex in the high way there lately laid out —
And of erecting and using Iron, or other ivorks there for-
ever— have subscribed to a fund for the said purposes and
have petitioned this Legislature for an act of Incorpora-
tion. And lohereas the said bridge on a public high ivay
leading to Salem, to be connected with said works ivill be
of public utility — Therefore

Sec. 1st. Be it enacted, by the Senate and House of
Representatives in General Court assembled and by the
authority of the same thai the said Samuel Page, Thomas pereons incor-
Putnam, Caleb Oakes, Samuel Indecott, John Page and pof^'ed.
Hezekieh Flint 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 corporate
Danvers and Beverly Iron Works Company " and shall by °""®'
that name sue and be sued plead and be impleaded, pros-
ecute and defend to final Judgment and execution in all
actions and processes as other bodies politic may do —

562

Acts, 1803. — Chapter 61.

Persons author-
ized to call
first meeting of
proprietors.

The necessary
officers to be
chosen.

Amount of real
estate allowed
to be held.

and shall have a common seal with power to alter the same
at pleasure.

Sec. 2d. Be it furtlier enacted that the said Samuel
Page, Thomas Putnam, Caleb Oakes, Hezekieh Flint or
any three of them may by advertisement in the Salem
Gazettee or in any other news-paper printed in Salem
call a meeting of the said proprietors to be holden at any
suitable time and place after seven days from the Publicka-
tion 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 and allowing a
vote to each single share) shall choose a clerk who shall
be sworn to the faithful discharge of his duty and also
shall agree on a method for calling future meetino^s and at
the same, or at any subsequent meeting may make and
establish any rules and regulations that shall be necessary
and convenient for regulating the said corporation and for
executing the purposes aforesaid — And the same rules
and regulations may cause to be kept and executed, or
for the breach thereof may order and enjoin fines and
penalties not exceeding ten dollars for the breach thereof,
provided such rules and regulations are not repugnant to
the Constitution and laws of this Commonwealth — And
the said proprietors may also choose and appoint any
other officer or officers, Agents or Factors of the said
Corporation that they may deem necessary — And all rep-
resentations 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 and votes of the said corporation
shall be fairly and truly recorded by the said clerk in a
book or books for that purpose provided and kept — but
no one proprietor in the said corporation shall have more
than fifteen votes.

Sec. 3d. Be it further enacted, that the said corpora-
tion is hereby authorized to purchase and hold real estate
under and adjacent to said bridge to the amount of thirty
thousand dollars — to build a Bridge of Stone, thirty two
feet wide at least, with railing on each side four feet high
and keep the same in repair, and to erect and use forever
an Iron Manufactory and any other mill or mills, works or
buildings on the said river and near thereto convenient for
such Iron Manufactory or for carrying on any other useful
man[ej[w]facture which shall appear to the said proprie-

Acts, 1803. — Chapter 61. 563

tors to be for their benefit — and to hold such personal Amount of per-

estate as shall be actually employed therein provided the

same shall not exceed the value of three hundred thousand

dollars, and the property of the said Corporation shall be

divided into two hundred shares and shall be numb [e] red

as the said Corporation shall direct, the said shares shall

be 'deemed personal estate, and each proprietor shall have

a certificate or certificates as evidence of his said share or

shares under the seal of the Corporation and signed by

the treasurer.

Sec. 4th. Be it further enacted, that the shares in Mode of transfer
said Corporation shall be transferrable by deed duly ac- of shares.
knowledged 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 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 the said corporation otherwise
the attachment or taking in execution 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 four-
teen days after such sale, and paying for the record-
ing thereof shall be deemed a sufficient transfer of the
same and the name of the purchaser shall be entered by
the clerk in the books of the Corporation.

Sec. 5th. Be it further enacted that whenever any The shares of

. , ,, -^ „ *' delinquents to

proprietor shall neglect or reiuse to pay any tax or as- be soid and
sessment duly voted and agreed upon by the said Corpo- directed!
ration to their treasurer within thirty days after the time
set for the payment thereof the treasurer of the said Cor-
poration is hereby authorized to sell at public vendue one
or more share or shares of such delinquent proprietor, as
shall be sufficient to defray said taxes and necessary inci-
dental charges, after duly notifying in one news-paper
printed in Salem and the one 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 suffi-
cient transfer of such share or shar[e]s so sold to the per-
son purchasing the same. And on producing a certificate
from the treasurer to the clerk of the said Corporation

564

Acts, 1803. — Chapter 62.

When new cer-
tiflcates are to
be iBsued.

Property of
individual mem-
bers may be
attaclied in
certain cases.

Tliis act may
be given in
evidence.

the name of such purchaser, with the number of shares
so sold shall be by the clerk entered on the books of the
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 — And whenever any
share or shares shall be transferred by execution or sale
for taxes as aforesaid the purchaser shall be intitled to
certificates in the form aforesaid — and whenever on the
death of any proprietor his or her share or shares shall
by law be transferred to his executors or administrators
or by the settlement of his or her estate in the probate
oflSce to his or her heirs or legatees the names of the per-
sons thus becoming proprietors with their number of
shares shall be entered as aforesaid by the said clerk and
they be entitled to their certificates in the form aforesaid
on their filing with him such evidence as shall satisfy the
Directors of the said Corporation of such transfer.

Sec. 6th. And he it further enacted — that in any ac-
tion to be brought or in any judgment to be rendered
against said Corporation, if the said Corporation after
seven days notice and request to the president, secretary,
or any two of the Proprietors, shall neglect or refuse to
expose any estate or property which may be attached on
mesne process, or whereon any such Execution may be
levied the plaintiff in such action shall have a right to
levy his execution upon or to attach any of the property
of the individual members of the corporation in the same
manner as if the action had been brought or judgment
entered against them in their individual Capacity.

Sec. 7th. Be it further enacted that this Act shall
so far be deemed a public Act that the same may be given
in evidence in any trial or judicial proceedings without
specially pleading the same. Approved June 23, 1803.

1803. — Chapter 63.

[May Session, cli. 62.]

AN ACT EMPOWERING ROBERT HOUSTON AND OTHERS TO
BUILD A SLUICE ON GOGS RIVER, IN THE TOWN OF BEL-
FAST.

Sect. 1st. Be it enacted hy the Senate and House of

Represen\t']atives in General Court Assembled and by the

Persons incor- authority of the same, that Robert Houston, Caleb Smith,

Solon Stephenson, Tolford Durham, John Haskell, Ap-

porated.

Acts, 1803. — Chapter 62. 565

poles Alden, Ashel Godderd, Jonathan Wilson, Thomas
Tufts, William Tufts, Jesse Sturtevant, James Nesmith,
Thomas Knowlton, James Moor, Charles Curtis, Together
with such others as may hereafter associate with them and
their heirs and assigns ; be and they are hereby empowered
within the term of three years from the passing of this
act. To build a Sluice from or near Stimson's Mills so siuicetobe
called in Goos River to the tide waters in the mouth of m"o8t convenient
the same ; to the most convenient place, and on the most p'*'^'^"
convenient direction for shipping or delivering the lum-
ber, timber, spars and all other commodities ; which they
may from time to time, want to convey through the said
Sluice ; To clear the pond and river above Stimson's mills
as aforesaid of every obstruction that may any ways im-
pede the passage of boats or rafts ; to build Locks where
necessary, so as to render the whole river navigable, to
take, use, occupy, possess and enjoy in fee simple any
lands or waters necessary to carry into effect and to com-
pleat the same ; they paying therefor in manner hereafter
prescribed.

Sect. 2d. And be it fiiriher enacted, that to enable corporate name
the proprietors aforesaid more effectually to carry into *° p'^'^^''^-
execution the purposes of this act, they shall be, and
hereby are made a Corporation and body politic, by the
name of the Proprietors of the Belfast Sluice ; and by
that name may sue, and be sued, defend and be defended,
prosecute and be prosecuted, to final Judgment and Exe-
cution ; and shall have a common seal, and do and suffer
all other matters and things — and be vested with all
powers and priviledges which are usually incident to sim-
ilar corporations.

Sect. 3d. And be it furtJier enacted, if any person or incaseofper-
persons shall suffer any damage by means of the said damage b"°^
locks or sluices, and the parties cannot agree upon the ^ckro^'sfufcea.
amount of the damage thus occasioned, nor upon some
suitable person or persons to estimate the same ; then
and 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 Hancock, and the determination of the referees so ap-
pointed shall be the measure of such damage. Provided
nevertheless, that if either party shall be dissatisfied with
the award of the referees aforesaid, and shall at the same
session at which the report shall be made, apply to the

566

Acts, 1803. — Chapter 62.

In case of per-
Bons wilfully de-
stroying any of
the works, &c.

A toll estab-
Ushed.

Toll demand-
able on the
completion of
the sluice.

Justice of the
peace author-
ized to call
first meeting of
proprietors.

Court for a trial by 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
referees have awarded as aforesaid, then the Court shall
award cost against the party applying — but if the last
decision shall be more favourable to the party applying,
than the decision of the referees, then the Court shall
render Judgment, and direct Execution to issue thereon
accordingly.

Sect. 4th. And be it further enacted, that if any per-
son or persons shall wilfully and maliciously take up, re-
move, brake down, dig under, or in any way or manner
destroy any of the works in any way belonging to the
Sluice or Locks or shall divert or obstruct the waters, to
the damage of the Proprietors aforesaid the person or
persons, so offending shall pay treble the value of such
damage as the Proprietors aforesaid shall, to the Justices
or Court and Jury before whom the trial shall be held,
make to appear that they have sustained, by the means of
the same trespass, to be sued for and recovered in any
Court proper to try the same.

Sect. 5. And he it further enacted, i\\?ii for the pur-
pose of Reimbursing to the said proprietors the moneys
by them to be expended in building and supporting the
same Sluice and Locks, a toll be and hereby is granted
and established for the benefit of the said Proprietors and
their heirs and assigns according to the rates following (to
wit) for every thousand feet of boards conveyed through
the same fifty cents, for every ton of timber twenty cents,
for all other timber in the same proportion and at the same
rate, for clapboards fifty cents per thousand, for shingles
per thousand six cents, for hogshead staves sixty six cents
per thousand, and all other lumber in the same proportion.

Sect. 6. And he it further enacted, that as soon as
the said Sluice is compleated the Proprietors shall have
power to recover the toll as aforesaid on all the several
articles as they pass, and to retain them or any part of
them, if payment should be refused.

Sect. 7th. And he it further enacted, that upon the
application of the said Proprietors, or any three of them
to a Justice of the Peace of the County of Hancock re-
questing him to call a meeting of the said Proprietors, to
be holden at some convenient place in the Town of Belfast

Acts, 1803. — Chapter 63. 567

in the same County, such Justice is hereby irapowered
to issue his warrant directed to one of said Proprietors
requesting him to notify and warn his Associates to meet
at such time and place in said Town of Belfast as shall be
described in said warrant, who when met may agree upon
a method for calling future meetings of the said Proprie-
tors, and consult upon and do such other affairs of the
propriety as shall be expressed in the said warrant.

Sect. 8. Be it further enacted by the authority afore-
said, that this act shall continue in force for the term of Duration of
thirt}'" years — and no longer — unless it shall appear to
the General Court that the Proprietors of said Sluice way
have not received a reasonable indemnity for erecting and
taking care of the same. Approved June 23, 1803.

1803. — Chapter 63.

[May Session, ch. 63.]

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

Sect. 1st. Be it enacted hy the Senate <& House of
Representatives in General Court assembled & by the au-
thority of the same, that Nathaniel Goodwin, William persons incor-
Davis, Barnabas Hedge junr. their associates, successors p**''*'®*^-
& assigns shall be, and hereby are made a Corporation, by
the name of the President, Directors & Company of the corporate
Plymouth Bank & shall so continue from the first day of "°™®'
January next until the first day of July in the year of
our Lord One thousand eight hundred & twelve, & by
that name shall be & hereby are made capable in law to
sue & be sued, plead & be impleaded, defend & be de-
fended in any Court of record, or any other place what-
soever— And also to make and use a common seal &
the same to break alter & renew : also to make & ordain Authorized to
such bye laws ordinances & regulations, as to them shall ™^^®^y^^"^''
appear necessary and convenient for the Government of
said Corporation & management of their affairs. Pro-
vided that such bye laws ordinances and regulations shall
not be contrary to the laws & Constitution of this Com-
monwealth ; and said Corporation shall always be subject
to the restrictions & limitations herein after enacted.

Sect. 2. Be it further enacted, that the Capital Stock Amount of
of the said Corporation shall consist of One hundred ''"p"''' *'°*' •
thousand dollars, said sum of One hundred thousand dol-

568

Acts, 1803. — Chapter 63.

Amount of real
estate allowed
to be held.

Rules, &c.

Obligations not
to exceed twice
the amount of
capital stock.

Corporation
not to engage
In trade.

Directors.

lars to be paid by instalments in Gold or Silver, one
half thereof on or before the first day of January next,
and the other half thereof in one year from the passing of
this act ; The stockholders at their first meeting, shall by
a majority of votes, determine the mode of transfering &
disposing of the stock and profits thereof which being
entered in the Books of said corporation shall be binding
on the stockholders, their successors and assigns — Pro-
vided that no stockholder shall be allowed to borrow at
the said Bank until he shall have paid in his full propor-
tion of the said Fifty thousand Dollars — & said corpo-
ration are made capable in law to have, hold, purchase,
enjoy & retain to them their successors & assigns lands,
rents, tenements & hereditaments to the amount of ten
thousand Dollars & no more at any one time with power
to bargain, sell & dispose of the same Lands, tenements
& hereditaments & to loan & negociate their monies &
efiects by discounting on banking Principles on such se-
curities as they shall think advisable — Provided that
nothing herein contained shall prevent said Corporation
from taking & holding real estate in mortgage to any
amount, as collateral security for the payment of any
Debt due to said Corporation.

Sect. 3. Be it further enacted. That the following
rules limitations & provisions, shall form and be the fun-
damental articles of said Corporation.

First. That said Corporation shall not issue & have
in circulation at any one time, bills, notes, or obliga-
tions to a greater amount than twice their stock actually
paid in, nor shall there be due to said Bank at any one
time more than twice the amount of their stock paid as
aforesaid & in case of any excess the Directors under
whose administration it may happen shall be liable & held
for the payment of the same in their private capacity ;
but this shall not be construed to exempt the said Corpo-
ration or any real or personal estate which they may
hold as a body corporate from being also liable for, &
chargable with such excess.

Second. That said Corporation shall not vest, use or
improve any of their monies, goods or chatties 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. None but a member of the said Corporation
being a Citizen of this Commonwealth, and resident

Acts, 1803. — Chapter 63. 569

therein, shall be eligible for a Director. The Directors President and

shall choose one of their number to act as President ; &

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 the sum of five thousand

Dollars, for the faithful discharge of the duties of his

office.

Fourth. No Director of any other Bank shall be eligi- Eligibility of
ble to the office of Director in this Bank ; & any director
who shall accept an office in any other Bank shall vacate
his place in this.

Fifth. A meetino; of the Stockholders shall be held at Meetings of

11 iiiT Ai n 1 -Kx 1 CI stockholders

such place as they shall direct on the farst Monday oi Jan- and mode of
uary annualy ; — and at such other time & place as the rec°tor8°.*
President & Directors shall direct by public notice be-
ing given one week previous thereto in the Newspaper
printed by Benjamin Russell at Boston — At said annual
meeting there shall be chosen by ballot seven Directors to
continue in office one year ensuing their election, — in
balloting & voting each share shall have one vote, pro-
vided no one member shall have more than ten votes ; &
absent members may vote by Proxy authorized in writing.

Sixth. No Director shall have any emolument for his The president
services but the Stockholders may make the President sated.*'"™^^''
such compensation as they shall think reasonable.

Seventh. Not less than four Directors shall constitute Board of di-
a Board for doing business the President being one — if '"^
the President shall be necessarily absent the Directors
may choose a Chairman for the time being Avho shall serve
in his stead.

Eighth. All Bills issued from the Bank & signed by Biiis to be wnd-
the President shall be binding on the corporation. pTrat^on.^ *'**'

Ninth. The Directors shall make dividends of all the Bemi-annuai
profits, rents premiums and interest of said Bank half
yearly

Ten
and o1
Bank with such Salaries as they shall deem meet

Sect. 4. Be it further enacted, that said Bank shall ^°n'k"°°°^
be established & kept in the Town of Plymouth.

Sect. 5. Be itfiirtlier enacted. The share or shares of at'tachmlnVand
any member of said Corporation & the Dividends due mode pre-

8CriD6Ct>

thereon shall be liable to be attached & to be taken in Ex-
ecution by any bona fide Creditor in manner following.
Whenever any proper officer having a writ of attachment

Tenth. The Directors shall appoint a Cashier Clerk officers to be
and other officers for carrying on the business of said

570

Acts, 1803. — Chapter 63.

Power to exam-
ine books, &c.
reserved to the
legislature.

First meeting.

Semi-annual
statements to
be made to the
Governor and
Council.

Commonwealth
may hold an
interest.

or Execution against any such member shall apply to the
Cashier of said Banli it shall be the duty of said 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 said
member holds in said Bank & the dividends due thereon,
& when such share or shares, shall be attached on mesne
process or Execution, an attested Copy of such writ or
execution shall be left with the Cashier of said Bank and
such share or shares may be sold on execution in the same
manner as other personal property 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
such execution with his doings thereon with the Cashier
of said Bank : and the property of such shares thus sold
shall be vested in the Vendee with the dividends arising
on the same after attachment.

Sect. 6. Be it further enacted, that the Legislature
of this Commonwealth shall have power at all times ; by
their Committees, to examine the doings of said Corpo-
ration, shall have free access to their books and Vaults,
& after a full hearing to determine whether said Corpora-
tion have exceeded their powers or have not complied
with the restrictions of this Act and on breach of said
rules to declare their incorporation forfeited.

Sect. 7. Be it further enacted, that Nathaniel Good-
win is authorised to call the first meeting of said Corpo-
ration by advertisement as before directed to meet at such
time & place as he shall think best to choose a Board of
Directors & other Officers and ordain rules & bye-laws
for said Corporation.

Sect. 8. Be it further enacted, that the directors of
said bank shall once in six months transmit to the Gov-
ernor & Council of this Commonwealth for the time being,
& as much oftener as they shall require, a true statement
of the capital stock of said Corporation, of the debts due
& monies deposited, of the notes in circulation & of the
Gold & Silver & Bills of other Banks on hand, which
statement shall be subscribed by the Directors & attested
by the Cashier.

Sect. 9. Be it further enacted, that the Common-
wealth shall have a right to become interested in said
Bank by adding thereto a sum not exceeding thirty thou-
sand Dollars under such regulations as they shall establish.

Acts, 1803. — Chapter 64. 571

Sect. 10. Be it further enacted. That said Corpora- Original amount
tion shall be liable to pay any bona fide holder, the orig- tobepa'id."" ^*
inal amount of any note of said Bank, counterfeited or
altered to a larger amount notwithstanding such alteration.

Sect. 11. Be it further enacted, that "this act shall not The corporation

1 T iT'i f '• !• may be taxed.

be construed to prevent the l^egislature from taxmg this
Corporation when they shall judge expedient.

Sect. 12. The Directors shall appropriate one eighth ftjf.'^'^j'^^'d^e^.
part of said stock with exclusive reg-ard to the ag-ricult- voted to the

IX r> 1 11 1 1 -I • agricultural

ural Interest & shall loan the same when requested in sums interest.
not less than one hundred Dollars nor greater than five
hundred dollars & for a term not less than one year to be
secured by sufficient mortgage.

Sect. 13. Be it further enacted, that said Corpora- No bins for less
tion shall not issue any Bill under the sum of five Dollars farTto^bV"^'
and no intermediate Bills between five & ten dollars and '^«"^'*-
said Corporation shall not discount until the first instal-
ment is paid in, in Gold & Silver nor shall said Corpora-
tion loan any monies previous to that time.

Approved June 23, 1803.

1803. — Chapter 64.

[May Session, eh. 64.]

AN ACT IN ADDITION TO THE ACT ENTITLED "AN ACT TO
ESTABLISH THE TWELFTH MASSACHUSETTS TURNPIKE COR-
PORATION."

Sectn. 1. Be it enacted by the senate and house of
Representatives in General Court assembled and by the
authority of the same. That the twelfth Massachusetts Route of the
Turnpike Corporation be and they are hereby authorised '■°'*^ p"^^*"***^ •
and empowered to lay out and make a Turnpike road on
the rout hereinafter described, begining at a point, upon
the Twelfth Massachusetts Turnpike road, East of and
contiguous to the dwelling house of Gideon Post, thence
running in a direct line to the county road, where it passes
the dwelling house of Allen Peas, thence on the county
road to the line dividing the states of Connecticut &
Massachusetts and to keep the same in repair, which road
shall be not less than Four rods wide and the path to be
travelled on not less than Twenty feet wide. And the
said Corporation may purchase and hold Land over which
said road shall be made. — And the Justices of the Court

572 Acts, 1803. — Chapter 64.

of General Sessions of the Peace within and for the
County of Berkshire, are hereby authorised on applica-
tion of said Corporation to lay out such road or any part
thereof as with the consent of said Corporation they shall
corporation^to think proper — and the said Corporation shall be liable to
for land taken, pay all Dauiagcs that shall arise to any person by taking
his Land for such road, when the same cannot be obtained
by voluntary agreement, to be estimated by a Committe
of the Court [o/"] General Sessions of the Peace in said
County 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.
est^Hshed!" ^^ Sectn. 2. Be it Juvtlier enacted that when said Turn-
pike road shall be sufficiently made and allowed — and
approved by the Justices of the Court of Common Pleas
for said county of Berkshire or by a Committe by them
appointed for that purpose — The said Corporation in lieu
of the rates of toll specified in the act to establish the
Twelfth Massachusetts Turnpike Corporation, shall be
entitled to receive at the Turnpike Gate established at
the lower Bennet Bridge place, for each travellor and
passenger the following rates of Toll Vizt. For every
Coach, Chariot Phajton or other four wheel carriage drawn
by two Horses Twenty five Cents, and if drawn by more
th[e] [a]n two Horses an additional sum of four cents for
each additional Horse ; For every cart or waggon drawn
by two Oxen or Horses, Ten cents, and if drawn by more
th[e][a]n 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 drawn by one horse Twelve
cents and five mills ; for every man and Horse four 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 every such 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, three cents pr. dozen, and
in that proportion for a greater or less number, provided
that no Toll shall be taken from any who are exempted
therefrom by an Act entitled an act to establish the
Twelfth Massachusetts Turnpike Corporation to which
this act is an addition.

Acts, 1803. — Chapter 64. 573

Sectn. 3d. And be it further enacted, that the rout The new route
herein described and established as a Turnpike road, be of "the tweinh*^'
deemed and taken to all intents and purposes as annexed turnpike-road.
to and part of the Twelfth Massachusetts Turnpike road
and that the said Corporation shall within six months
after the said road shall be compleated lodge in the Sec-
retary s Office an account of the Expences of the same,
and that all the duties, liabilities and penalties specified
or contemplated by the act to establish the Twelfth Mas-
sachusetts Turnpike corporation have relation to the Turn-
pike road herein established as fully, completely and to
every intent and purpose, as tho' the same had been orig-
inally part of the said Twelfth Massachusetts Turnpike
road, and included in the act aforesaid to which this act is
an addition.

Sectn. 4th. And be it further enacted that the said bedTscominVed
Corporation be and they are hereby authorised and em- and a new one
power'd at any time after the expiration of six months
from the time that the said Turnpike road shall be al-
lowed and approved with the approbation and consent of
the court' of common pleas for said County, to discon-
tinue the Turnpike gate at the lower Bennet Bridge place,
and to erect a Turnpike gate at such place on the said
twelfth Massachusetts Turnpike road, between the dwell-
ing house of Aaron Root and Joseph Goodrich, as shall
be designated by the said Court and the court of common
pleas within and for said County are hereby authorized
by themselves or by a Committe to be by them appointed
for that purpose, upon application to them made .by said
Corporation, after the Expiration of six months as afore-
said to give their consent and approbation for said pur-
poses, and to designate the place within the Limits
aforesaid for the fixing the said Turnpike gate. And in
case the said Turnpike gate at the Lower Bennett Bridge
Place shall be so discontinued as aforesaid and a Turnpike
Gate with the consent and approbation of the said Court
of Common Pleas shall be erected at any place designated
by said Court within the Limits aforesaid — The said cor-
poration shall and may be entitled to receive of all pas-
sengers and Travellers at said Turnpike gate the same
rates of toll as are herein before specified and enumerated.

Approved June 23, 1803.

574

Acts, 1803. — Chapters 65, 66.

Land ceded.

Concurrent
jurisdiction
reserved.

Persons incor-
porated .

1803. — Chapter 65.

[May Session, ch. 65.]

AN ACT TO CEDE TO THE UNITED STATES THE JURISDICTION
OF A TRACT OF LAND ON MARTHA'S VINEYARD, AND THE
BUILDING ERECTED THEREON BY THIS COMMONWEALTH
AS AN HOSPITAL.

Sect. 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, aud there hereby is
ceded to the United States of America the Jurisdiction of
Ten Acres of Land on such part of Martha's Vineyard, on
which the said Hospital is now Erected, and which is most
convenient for the purpose of said Hospital, and of which
a Description in writing shall be entered in the Registry
of Deeds in the County of Dukes County — Provided,
however. That if the said United States shall neglect, for
the term of three years from the date of this cession, to
accept & improve the same for the purpose by this Act
intended, or neglect to keep the same in good repair, and
in a Condition useful and suitable for an Hospital, then
this Cession shall be void : And Provided Also, That this
Commonwealth shall retain, and doth hereby retain a con-
current Jurisdiction with the United States in and over
the same Ten Acres, so far as that all civil and criminal
Processes issued under the Authority of this Common-
wealth or of any Officers thereof may be executed on any
Part of the same Ten Acres ceded as aforesaid, or in any
Buildings that now are or may be erected thereon, in the
same way and manner as if the Jurisdiction had not been
ceded as aforesaid. Approved June 23, 1803.

1803. — Chapter 66.

[May Session, ch. 66.]

AN ACT FOR ESTABLISHING A CORPORATION BY THE NAME
OF THE NORTH BRANCH TURNPIKE CORPORATION.

Sectn. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same That Merick Rice, Moses Hale,
Oliver Chapin Zacheriah Whitman Nathaniel Holmen Jr.
Calvin Hale John Stone Metapher Chase Samuel Ward
John Prentiss and Phineas AVhitney and all such persons
as shall associate with them and their successors shall be

Acts, 1803. — Chapter 66. 575

a Corporation by the name of the North Branch Turnpike corporate
Corporation, and shall by that name sue and be sued and °*™^'
enjoy all the privileges and powers which by law are in-
cident to Corporations for the purpose of laying out and
making a Turnpike road from the line of the state of
New Hampshire, between Fitzwilliam and Winchendon
to the fifth Massachusetts Turnpike road in Fitchburgh
which road shall not be less than four rods wide, and the
travelled way not less than Eighteen feet in any place —
and that when the 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 Worcester for that purpose, then the said Turnpike a tumpike-gate
Cor})oration shall be authorised to erect one Turnpike *° ^^ erected.
Gate on said road and at such place as the said Com-
mitte of the Court of General sessions of the peace shall
Judge convenient for collecting the Toll and shall be en-
titled to demand and receive of each Traveller or Passen-
ger at said Gate the following rates of Toll Vizt : For toii eetab-
each Coach Pha?ton 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 6^ Cents
for each horse, for every cart or Waggon drawn by Two
Oxen or Horses twelve and one half Cents each, and if
drawn by more than Two Oxen or Horses an additional
sum of 6\ Cents for each Horse or Ox : for every curri-
cle, 20 Cents for every chaise chair or sulky drawn by
one Horse twelve and one half Cents Each : and if drawn
by more than one Horse, 6|~ Cents each. For every man
and Horse 6i Cents each, for every sled or Sley drawn
by Two Oxen or Horses, Ten cents each, and if drawn by
more than Two Oxen or Horses an additional sum of four
Cents for each Ox or Horse, for every sley sled or Cart
drawn by one horse 6i Cents each : for all Horses Mules
or neat cattle led or driven besides those in Teems or
Carriages one cent each for all Sheep or Swine at the rate
of three cents by the dozen. — Provided also that whenever
it shall be made to appear to the Committe appointed as
aforesaid, the said Corporation have Liberty and are au-
thorised and do extend and make their road to the north
line of the Town of Fitzwilliam in the State of New
Hampshire without any Gate or Toll in said State they
shall then be authorized to erect one or more Gate on the
road in this Commonwealth at such place as said Com-

576

Acts, 1803. — Chapter 66.

Corporation
allowed to hold
land and per-
sons whose
lands are taken
are to be indem-
nified.

Penalty for de-
laying passen-
gers or taking
illegal toll.

Penalty for
wilfully injur-
ing the gates
or road or
evading toll.

mitte shall think proper, and receive the rate of Toll
aforesaid.

Sectn. 2d. And be it further enacted that the said
Corporation may purchase and hold Land over which
they may make the said road — And the Justices of the
Court of General Sessions of the Peace in the County of
Worcester are hereby authorised on application of said
Corporation to lay out the said road where the said Cor-
poration shall think proper, and the said Corporation
shall be liable to pay all damage that shall arise to any
person by taking his land for such road where the same
cannot be obtained by voluntary agreement to be esti-
mated by a Committe to be appointed by the Court of
General Sessions of the Peace for the County of Worces-
ter saving to either party the right of Trial by Jury, ac-
cording to the law which makes provision for the recovery
of damages arising from the laying out of highways.

Sectn. 3d. And be it further enacted that if the said
Corporation or their Toll gatherer or others in their em-
ploy shall unreasonably delay or hinder any Traveller or
passenger at 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 Five Dollars — to be recovered before any Justice
of the Peace in the same 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 Corporation by
leaving an attested Copy of the same with the Treasurer
or with some individual member living in the same county
or by reading the same to the said Treasurer or Individ-
ual member at least seven days before the Trial and 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 shall be demandable for any Damage
which shall arise from default of Bridges or want of re-
pairs in said way, and shall also be liable to presentment
of the Grand Jury for not keeping the same in repair.

Sectn. 4th. And he it further enacted that if any
person shall cut break down or otherwise injure or de-
stroy either of the said Turnpike Gates, or shall dig up
or carry away any earth from the said road or otherwise
damage the same in any manner or shall forcibly pass or

Acts, 1803. — Chapter 66. 577

attempt to pass the Gate by force, without having first
paid the legal Toll, shall forfeit and pay a sum not ex-
ceeding Fifty Dollars nor less than Five 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 his Team Cattle or Horse shall 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 said Corporation
to the use of the same in an action of Debt on the
case — Provided nothing in this act shall extend to en- Exemptions.
title 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 busi-
ness of family concerns or on Military duty.

Sectn. 5th. And be it further enacted that the shares sbarestobe
in the said Turnpike road shall be taken deemed and con- son^^e^state"
sidered to be personal Estate to all intent and purposes f°ansTr^an*d
and shall and may be transferable, and the mode of trans- attachment
fering said share shall be by Deed acknowledged before
any Justice of the Peace and recorded by the Clerk of
said Corporation in a Book kept for that purpose — and
when any share shall be attached on mesne process or
taken in Execution, an attested Copy of such writ of at-
tachment or execution shall at the time of the attachment
or taking in execution be left with the Clerk of the Cor-
poration or otherwise the attachment or taking in Execu-
tion shall be void — and such share may be sold on
execution in the same manner as is or may be by law
provided for making sale of personal property by execu-
tion and the officer making the sale or the Judgment
Creditor leaving a Copy of the execution with the officers
return on the same with the Clerk of said Corporation
within fourteen days after such sale and paying for the
recording the same shall be deemed and considered a
sufficient transfer of such share or shares in the said
Turnpike road.

Sectn. 6th. And be it further enacted that the first Firet meeting.
meeting of said Corporation shall be at the House of
Stephen Hoars Innholder in Westminster on the Sixth

578

Acts, 1803. — Chapter 66.

An account of
cost of road and
annual returns
to be exhibited.

Shares of delin-
quents may be
sold and mode
prescribed

day of July next for the purpose of choosing a Clerk who
shall be sworn to the faithfull discharge of the duties of
his office — and such other officer as may then and there
be agreed on by the said Corporation — and the said
Corporation may then establish such rules and regulations
as shall be judged necessary for the well ordering its' af-
fairs, and also agree upon the method of calling future
meetings, provided however that such rules and regula-
tions are not in any wise repugnent to the Constitution
and laws of this Commonwealth.

Sectn, Tth. And he it further enacted that the said
Corporation shall within six months after the road is com-
pleted lodge in the secretarys office an account of the
expences thereof, and that the said Corporation shall an-
nually exhibit to the Governor and Council a true account
of the income or dividends arising from the said Toll
with the necessary anual Disbursements on said Road,
and that the books of said Corporation shall at all times
be subject to an Inspection of a Committe to be appointed
by the General Court or of the Governor and Council
when called for.

Sectn. 8th. And be it further enacted that whenever
any proprietor shall neglect or refuse to pay any Tax or
assesment duly Voted or 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 Cor-
poration is hereby authorised to sell at public auction the
share or shares of such delinquent proprietor one or more
as shall be sufficient to defray the said Taxes and neces-
sary incidental charges after duely notifying in the news-
paper printed at such place as shall be nighest to the said
Turnpike road — the sum due on any such share 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 purchaser with the number of shares so sold shall
be entered on the books of said Corporation by the Clerk,
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 shares were so sold.

Acts, 1803. — Chapters 67, 68. 579

Secn. 9th. And be it further enacted that the said f,^^l°^^^ '° ^^
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 ledgibly written thereon in large cap-
ital characters.

Sectn. IOth. And be it further enacted that the Gen- corporation
eral court may dissolve the said corporation whenever it ^?ve/when
shall appear to their sattisfaction that the income from i^^«'e°i°'fied,
said Toll shall have fully compensated the Corporation
for all money they may have expended in purchasing
making repairing and taking care of said road together
with an interest of twelve per Cent by the year and
thereupon the property of said road shall be vested in
the Commonwealth and be at their disposal, provided that
if said Corporation shall neglect to compleat said road
for the space of seven years from the passing of this act
the same shall be nul and void.

Approved June 23, 1803.

1803. — Chapter 67.

[January Session, ch. 1.]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT, TO
INCORPORATE JOHN CODMAN & OTHERS, INTO A COMPANY,
BY THE NAME OF THE SUFFOLK INSURANCE COMPANY.

Be it Enacted by the Senate, and House of Representa-
tives, in General Court assembled, and by the authority
of the same, That The Suffolk Insurance Company shall be,
and hereby are authorized to invest of their Capital Stock
in real Estate, and to hold the same to any amount not
exceeding Fifty thousand Dollars, any thing in the Act,
to which this is an Addition, to the Contrary notwith-
standing. Approved January 24, 1804.

1803. — Chapter 68.

[January Session, ch. 2.]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR
INCORPORATING WOODBURY STORER AND OTHERS, BY THE
NAME AND STILE OF THE PROPRIETORS OF THE CUMBER-
LAND CANAL."

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 last Section of an Act ran of former

•^ "^ act repealed.

680

Acts, 1803. — Chapters 69, 70.

Time for com-
pletion of
canal.

' * entitled an Act for incorporating Woodbury Storer and
others, by the name and Stile of the Proprietors of the
Cumberland Canal" be, and the same hereby is repealed.
Sect. 2d. And be it further enacted, That if the said
Proprietors shall refuse or Neglect, for the space of Fifteen
Years from the time of passing the said Act to which this
is in addition, to build and Complete the Canal authorized
by said Act, so as to be passable in the manner therein
provided, then the said Act shall be Void and of no eifect.

Approved Jamiary 24, 1804.

Part of former
act repealed.

Time for com-
pletion of
canal.

1803. — Chapter 69.

[January Seasion, ch. 3.]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR
INCORPORATING JOSEPH NOYES & OTHERS BY THE NAME
AND STILE OF THE PROPRIETORS OF THE FALMOUTH
CANAL."

Sec 1st. Be it enacted by the Senate & House of
Representatives, in General Court assembled, and by the
authority of the same. That the last section of an Act
entitled "An Act for incorporating Joseph Noyes and
others by the name and stile of the proprietors of the
Falmouth Canal," be, and the same hereby is repealed.

Sec. 2d. Be it further enacted. That if the said pro-
prietors shall refuse or neglect, for the space of fifteen
years from the time of passing the said Act to which this
is an addition, to build and complete the Canal author-
ized by said Act, so as to be passable, in the manner
therein provided, then the said Act shall be void and of
no effect. Approved January 24, 1804.

Directions re-
specting flood-
gates and pas-
sage way.

1803. — Chapter 70.

[January Session, ch. 4.]

AN ACT IN ADDITION TO, AND FOR REPEALING THE SECOND
SECTION OF AN ACT ENTITLED "AN ACT TO AUTHORIZE
JESSE DUNBAR AND OTHERS, OWNERS OF THE MILL AT
SCITUATE HARBOUR, IN THE COUNTY OF PLYMOUTH, TO
ERECT DAMMS ACROSS MILL CREEK, AND MAIN CREEK, SO
CALLED, AT SAID HARBOUR."

Section 1st. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and by the
authority of the same. That Jesse Dunbar and the other
owners of the Mill at Scituate harbour, in the County of
Plymouth, their heirs and assigns, shall make the flood

Acts, 1803. — Chapter 71. 581

Gates in the Damm across Mill-Creek and Main Creek,
so called, in said harbour, upon such construction as to
admit Vessels passing through them at and near high-
water, the passage to be twenty feet wide, and of suffi-
cient width, at Mill Creek, and shall open as large and as
deep a passage between Mill and Main-Creeks, above said
Damms ; said Floodgates to be in the deepest water and
Avhere most convenient for the passage of Vessels, and
shall open said Floodgates, on Floodtide, from the time
the Waters above and below said Damm are level, until
highwater, when requested by any person or persons de-
siring to pass through said Damm with their Vessels, and
upon refusal or neglect to open as aforesaid they shall for-
feit and pay for each offence to the person or persons so
requesting the same, the sum of two hundred dollars ;
provided, hoivever, that the Owners of the Mill Damm proviso,
shall not be obliged to build new Flood-Gates for seven
years, if they shall remove the string pieces from above
the present floodgates and make them passable at high-
water, and dig and remove the banks below, so as to ad-
admit Vessels up that can pass through said floodgates,
and if it should be necessary for larger Vessels to pass
through the Damm than the present floodgates will ad-
mit, the owners of the damm shall, at their own expence,
open a sufficient passage through said damm, and it is
further provided, that nothing in this Act or the Act to
which this is an addition shall be construed to bar the
owners of Meadows from recovering their full damaijes
sustained by the erection of said Damm.

Section 2d. And he it further enacted, That the Sec- Pan of former
ond Section of the act entitled, " An Act to authorize
Jesse Dunbar and others, owners of the Mill at Scituate
harbour, in the County of Plymouth, to erect damms
across Mill Creek, and Main Creek, so called, at said har-
bour," be, and hereby is repealed.

Approved January 30, 1804.

1803. — Chapter 71.

[January BessioD, ch. 5.]

AN ACT FOR ESTABLISHING A CORPORATION BY THE NAME
OF THE WARWICK & IRVIN'S GORE TURNPIKE CORPORA-
TION.

Whereafi the highicay leading from the line of the State Preamble.
of Neio Hampsliire, thro' Warwick and unincorporated

582

Acts, 1803. — Chapter 71.

Persona incor-
porated.

Corporate
name.

Course of the
road.

First meeting.

Land, to the South branch of the '•''fifth Massachusetts
Turnpike,'''' is circuitous and rough, and the expence of
making, straightening and keeping the same in good re-
pair, is much greater than can reasonably be required of
said Toion:

Section 1st. Be it Enacted by the Senate and House
of Representatives, in General Court assembled, and by
authority of the same. That Israel Trask, Josiah Cobb,
Jacob Rich, Oliver Chapin, Benjamin Tuel, Zachariah
Barber, Mark Moore, Andrew Burnet, Ebenezer Willson,
William Cobb jmir., Elias Knowlton, Josiah Pomeroy,
Junr., Justus Russell, Joshua Burnet, Joseph Williams,
Bunyan Penniman, Samuel Melendy, and James Blake,
together with such others as may hereafter associate with
them, and their successors, be, and they hereby are consti-
tuted a Corporation, by the name of the Warwick and
Irvins Gore Turnpike Corporation, and by that name
shall sue and be sued, and shall have a common Seal,
which they may alter at pleasure, and enjoy all the privi-
ledges and powers which are by Law incident to similar
corporations, for the purpose of laying out, making and
keeping in repair a Turnpike Road ; beginning at the line
of the State of New Hampshire, near the House of Eb-
enezer Bancroft in said Warwick ; thence Southerly in
the most direct and eligible way to the Meeting-house in
said Warwick ; from thence in as straight a line as the
ground will admit to 'Benjamin Tuel's Mills ; from thence
in the most direct and commodious way thro' Irvin's Gore
(so called) to intersect the South Branch of the ** Fifth
Massachusetts Turnpike Road " at or near the House of
Lemuel Rawson.

Section 2d. And he it further enacted. That a meet-
ing of the said Corporation shall be held at the House of
Ebenezer Willson inholder in Warwick aforesaid, on the
second Tuesday in April next, at one O'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, at the same, or
any subsequent meetings, may make and establish any
rules and regulations that shall be necessary or conven-
ient for regulating the said Corporation, for effecting,

Acts, 1803. — Chapter 71. 583

compleating and executing the purpose 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 and enjoin fines not ex-
ceeding Thirteen Dollars & thirty-three Cents, for any
breach thereof, provided, such rules and regulations are
not repugnant to the Laws or Constitution of this Com-
monwealth: And each proprietor in said Turnpike lload, ^yesfo^vo^e
or by his Agent duly authorised in writing shall have a wuh a proviso*.
right to Vote in all meetings of the said Corporation, and
shall be entitled to as many Votes as the said proprietor
has shares in the same : provided hoivever, that no one
proprietor shall in any case be intitled to more than ten
Votes, for any number of shares he may hold.

Section 3d. And be it further enacted, that the said corporation

• 1 1111TT I'l allowed to hold

Corporation may purchase and hold Lands, over which lands. -court
they may make said Road: And the Justices of the layout the
Court of General Sessions of the Peace in the County of ^°^^'
Hampshire are hereby authorized on application of said
Corporation, to lay out said Road, or any part thereof,
within their Jurisdiction, as, with the consent of said
corporation they shall think p[r]oper ; And the said Cor-
poration shall be liable to i)ay all damages that shall arise
to any person, by taking his or her 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 said County of Hamp-
shire, saving to either party the right of Trial by Jury,
according to the law which makes provision for the recov-
ery of damage arising from the laying out of highways.
provided nevertheless, that in all cases, wherein the dam-
age shall be encreased by a Jury, the Corporation shall ])e
held to pay the Costs.

Section 4th. And he it further enacted, That the width of road
said Turnpike road shall be laid out and made by said
Corporation, not less than four rods wide, and the path
to be travelled on not less than twenty one 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 apf)ointed
by the Justices of the Court of Common Pleas for the
County of Hampshire, then the said Corporation shall be Gate to be
authorised to erect one Turnpike Gate on the same, in ^^*"^^^^- -

584

Acts, 1803. — Chapter 71.

Toll.

Exemption
from toll.

Toll of carts
and waggons
may be other-
wise regulated.

Penalty for
delaying pas-
sengers, and
for demanding
illegal toll.

such place as shall be necessary & convenient, between
the House of Ebenezer Willson inholder in said Warwick
and the South Branch of the Fifth Massachusetts Turn-
pike Road & shall be intitled to receive from each pas-
senger and traveller, the following rate of toll vizt. for
each Coach, Phaeton, Chariot or other four wheeled car-
riage, drawn by two Horses twenty five Cents, & for each
additional hor[s]e four cents; for each Cart or Waggon
drawn by two Oxen or horses, twelve and an half Cents,
and for each additional Ox or horse four Cents ; for each
Curricle, sixteen Cents ; for each Chaise, Chair or sulky
drawn by one horse, twelve & an half Cents ; for each
Sleigh or [or] Sled, drawn by two Oxen or horses, ten
Cents, and for each additional Ox or horse, three Cents ;
for each Man & horse. Six and one fourth 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 ^ the
dozen ; provided, that nothing in this Act shall authorise
said Corporation to demand toll of any person who shall
be passing with his Horse or Carriage to or from his
usual place of Public Worship, or with his Horse, team
or Cattle, to or from the common labour on his farm, or
to or from any Grist-Mill, or the Common and ordianary
business of family concerns, or from any person or per-
sons passing on Military duty. Pi'ovided also that the
General Court may hereafter otherwise regulate the Tolls
to be paid by Carts and Waggons according to the width
of the fellies of the wheels on which they shall run &
the burthens which the}' shall carry & said corporation
may if they see Cause, commute the rate of toll with any
town, person or persons, by taking from him or them a
Certain sum annually to be mutually agreed upon in lieu
of the toll aforesaid. And the said corporation at the
gate where the Toll shall be collected, shall erect in a
conspicuous place, & constantly keep 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 c[7i]aracters.

Section Sth. And he it further enacted, That if the
said corporation, their tollgatherers, 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

Acts, 1803. — Chapter 71. 585

shall forfeit & pay a sum not exceeding ten Dollars, nor
less than one dollar, to be recovered before any Justice
of the peace in the County, wherein the Oftence shall be
committed, by any person hindred, 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 Avith some member of the Corpo-
ration living in the County wherein the action may be
brought, at least seven days before the day of trial, & the
Treasurer or such member shall be allowed to defend the
same suit in behalf of the Corporation ; And the 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 damage which shall arise 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 the same in good repair.

Section 6th. And be it further enacted, That if any Penalty for
person shall cut, or break down, or otherwise destroy said i^g the^gaTor
Gate, or shall dig up or carry away any earth from the evadltl^gtou/
said road, or in any manner damage the same, or shall
bring into, and leave in the travelled way any stones, or
shall by any incumbrance obstruct a free passage, or shall
forcibly pass or attempt to pass by force the 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 said Corporation, to their use in an action of trespass
on the Case ; And if any person with a team. Cattle or
Horse, shall turn out of said road to pass the turnpike
gate aforesaid, & again enter said road, with an attempt
to avoid any toll established as aforesaid, such person
shall forfeit and pay two Dollars, to be recovered by the
Treasurer aforesaid, to the use of said Corporation by an
action of Debt.

Section Ttii. And be it further enacted^ That the shares to be
shares in said road shall be deemed personal Estate to all 8onS*'eBt^a*te.
intents & purposes, & shall be transferable by deed duly uan^er'l^auach-
acknowledged before any Justice of the peace, and re- ""/"cVi^ed
corded by the Clerk of said Corporation in a book to be
kept for that purpose ; & 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 Execu-

586

Acts, 1803. — Chapter 71.

Shares of delin-
quents to be
sold and the
manner
directed.

Grant of
monies to cer-
tain persons
allowed.

An account of
cost of road and
annual returns
to be exhibited.

tion, be left with the Clerk of said Corporation, other-
wise the attachment or taking in Execution to 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 Officers return thereon with the Clerk of said
Corporation, within fourteen days after such sale, & pay-
ing for the recording thereof, shall be deemed a sufficient
transfer of the same.

Section 8th. And be it further enacted, That when-
ever any proprietors shall neglect or refuse to pay any
tax or assesment, duly Voted & agreed upon by the
Corporation, to 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 proprie-
tor, one or more as shall be sufficient to defray said taxes
& necessary incidental charges, after duly notifying in the
Newspaper printed at Worcester, the sums due on any
such share, & 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, & on producing a Certificate of such
sale from the Treasurer, to the Clerk of said Corporation,
and the name of such Purchaser with the number of shares
so sold, shall be by the Clerk entered on the Books of
said Corporation, & such person shall be considered to all
intents & purposes the proprietor thereof; & the overplus
if any there be, shall be paid on demand, by the Treas-
urer to the person whose shares are thus sold.

Section 9th. Aiid be it further enacted, That the said
Corporation is hereby allowed to grant monies to such
persons as have rendered services to the proprietors, in
exploring the rout of the Turnpike Road, or otherwise,
previous to the act of incorporation. And the said Cor-
poration is hereby authorized to purchase and hold other
Real Estate, adjacent to, & for the accommodation of the
said Road to the amount of Two thousand Dollars.

Section 10th. And be it further enacted. That the
said corporation shall within Six months after said road
is compleated, lodge in the Secretary's Office an account
of the expence thereof. And the said Corporation shall
annually exhibit to the Governor & Council a true account
of the income or dividend arising from the said toll, with

Acts, 1803. — Chapter 72. 587

their necessary annual disbursments on the said road ; and
that the Books of the corporation shall at all times be
Subject to the inspection of the Governor and Council
when called for.

Section 11th. And be it further enacted. That the ^"•'p^^"^*;""
General Court may dis[s]olve the said Corporation, when- solved when
ever it shall appear to their satisfaction, that the income arefndemni°"
arising from the Toll shall have fully compensated the ^^^•^''■
said corporation for all Monies they have expended, in
purchasing, repairing and taking care of the said road,
together with all interest thereon at the rate of twelve pr.
Centum by the Year, and thereupon the property of the
said Road shall be Vested in this Commonwealth, and be
at their disposal : Provided liowever, that if the said Cor-
poration shall neglect to Complete the said Turnpike-Road
for the space of four years from the date of this Act, the
same shall be void and of no effect.

Approved January 30, 1804.

1803. — Chapter 73.

[January Session, ch. 6.]

AN ACT IN ADDITION TO AND TO AMEND AN ACT, ENTITLED
"AN ACT TO ESTABLISH A SCHOOL IN THE SOUTH PARISH
IN THE TOWN OF ATTLEBOROUGH, BY THE NAME OF THE
FRANKLIN SCHOOL, AND FOR INCORPORATING THE TRUS-
TEES OF THE SAID SCHOOL INTO A BODY POLITIC."

Be it enacted by the Senate and House of Representa-
tives in Genei'al Court assembled, and by the authority of
the same, That the Act entitled, "An Act to establish a
School in the South Parish in the town of Attleborough,
by the name of the Franklin School, and for incorporat-
ing The Trustees of said School into a Body Politic,"
shall be amended, deemed, taken and considered, to all
intents and purposes as if the words " East Parish" had
been inserted in said Act, in all places, where the words
" South Parish" occur, any thing in the aforesaid Act to
the Contrary notwithstanding.

Approved February 10, 1S04.

588

Acts, 1803. — Chapter 73.

1803. — Chapter 73.

[January Session, ch. 7.]

AN ACT TO INCORPORATE A NUMBER OF INHABITANTS OF
THE TOWNS OF TEMPLETON & WINCHENDON IN THE COUNTY
OF WORCESTER INTO A DISTINCT RELIGIOUS SOCIETY BY
THE NAME OF THE BAPTIST SOCIETY IN TEMPLETON.

Sect. 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled & by the au-
Persons incor- iliority of the Same That Silas Cutler, Shubael Johnson,
Joel Fletcher, Stephen Haskell, Joshua Tucker, Jairus
Partridge, Jacob Wales, Samuel Simonds, Isaac Grout,
Gideon Bacon, Job Frye, Benjamin Brown, Nathan Bry-
ant, Oliver Farnsworth, James Simonds, Samuel Beal,
Oliver Haskell, Cyrus Brown, Timothy Parker, Josiah
Bruce, Cyrus Cook, Samuel Fisher, William Fletcher,
Abel Thomson, Aaron Hyde, Suel Whitcomb, Ephraim
Cutler, Thomas Bryant, Jeremiah Slocomb, John Chace,
Daniel Norcross junr., Samuel Brown, Levi Norcross,
James Johnson, Ziba Simonds, 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 discribed, be, and they are hereby incorpo-
rated into a religious Society by the name of the Baptist
Society in Templeton with all the powers, priviledges and
immunities to which other parishes are entitled by the
Constitution and Laws of this Commonwealth for the ex-
press purpose of conducting and transacting their Relig-
ious concerns and for that purpose only.

Sect. 2d. Be it further enacted^ That any person in
either of the said Towns of Templeton or Winchendon
aforesaid, being of the Baptist denomination aforesaid
who may at any time hereafter, actually become a mem-
ber of and unite in religious worship with the Society
aforesaid and give in his or her name to the Clerk of the
Town 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 Templeton
fourteen days previous to the Town 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 &
estate be considered as part of said Society. Provided
hotvever That such person shall be held to pay the propor-

Corporate
name.

Method of join-
ing the society.

Acts, 1803. — Chapter 74. 589

tion of all money assessed in the Town to which he or she
belonged previous to that time.

Sect. 3d. Be it further enacted, That if any member Method of leav-
of Said Baptist Society shall at any time see cause to leave '"^ eeocie y.
the same and unite in religious worship with the town in
which he or she may reside and shall lodge a certificate of
such their intention with the Clerk or Minister of said
Baptist Society and also with the Clerk of the town in
which he or she may reside fourteen days at least before
the annual Town 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 or persons shall from and after giving such Certifi-
cates with his or her polls and estates, be considered aa
belonging to the Town in which he or she may reside in
the same manner as if he or she had never belonged to
said Baptist Society.

Sect. 4th. And he it further enacted. That Thomas Thomas Fisher,
Fisher Esqr., be, and he hereby is authorised to issue a wlrlant.**"^
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 Ofiicers as Par-
ishes in this Commonwealth are by law authorised to
choose in the month of March or April annually to con-
duct the religious concerns of said Society.

Approved February 10, 1S04.

1803. — Chapter 74.

[January Session, ch. 8.]

AN ACT TO ESTABLISH AN ACADEMY IN THE WEST PARISH,
IN THE TOWN OF BRADFORD, BY THE NAME OF BRADFORD
ACADEMY.

Whereas the reverend Jonathan Allen, Benjamin Carl- Preamble.
ton, Daniel Carlton, Joseph Chadwick, Jonathan Chad-
wick, Asa Gage, Uriah Gage, Jeremiah Gage, Peter
Gage, John Griffin, John Haseltine, Moses Kimbal,
James Kimbal, Edmund Kimbal, Edward Kimbal, John
Smiley, Nathaniel TJiurston, Ezra Trask, Benjamin
Walker, and Samuel Webster, have built a good and con-
venient house for the purpose of an Academy, for the Ed-
ucation of Youth of both sexes, in the West JParish of
Bradford, in the County of Essex, and have given Fif-

590

Acts, 1803. — Chapter 74.

Academy estab-
lished.

Trustees Incor-
porated.

Number of trus'
tees limited.

Property con-
firmed to the
trustees and
they are em-
powered to
receive be-
quests, &c.

teen hundred Dollars, the Interest of which is to he applied,
to the support of said Academy :

Sect. 1st. Be it enacted hy the Senate <& House of
liepreseiitatives, in General Court assembled, & by the
authority of the same, that there be, and hereby is estab-
lished in the West Parish of Bradford, in the County of
Essex, an Academy by the name of Bradford Academy,
for the purpose of promoting piety, religion, and moral-
ity, and for the education of Youth in such languages,
and in such of the liberal arts and sciences, as the Trus-
tees herein after named shall direct, and that the reverend
Jonathan Allen, the reverend Ebenezer Dutch, the rever-
end Isaac Braman, the Honorable Nathaniel Marsh Esqr.,
the honorable Bailey Bartlett Esqr., Nathaniel Thurston
Esqr., James Kimbal Esqr., Benjamin Walker, Physician,
Joseph Chadwick, Edward Kimbal, & Samuel Webster,
Gentlemen, be, and they are hereby incorporated into a
Body Politic and Corporate, by that name forever. And
the said Trustees shall have and keep a common Seal,
which they may break, alter, or renew, whenever they
may think necessary or convenient; and that all Deeds
signed and sealed with such Seal, and delivered and ac-
knowledged by the Secretary of the said Corporation, by
order of the said Trustees, shall be good and Valid in
Law; & that the said Trustees may sue and be sued, in
all actions, real, personal, & mixed, and prosecute and
defend the same to final Judgment & execution, by the
name of The Trustees of Bradford Academy. And the
number of Trustees of the said Academy shall never ex-
ceed Eleven, nor be less than Seven, & six, shall form a
Quorum for doing business.

Sect. 2d. And be it further enacted, that all the
Monies, lands, or other property, and things already sub-
scribed and given, or which shall be hereafter given,
granted, devised, bequeathed, transferred, or assigned, to
the said Trustees, for the purposes aforesaid, or either of
them, shall be confirmed to the said Trustees, & their suc-
cessors in that Trust forever ; and that the said Trustees
may have and hold in fee simple, by gift, grant, devise,
bequest, or otherwise, any or all Lands, tennements, her-
editaments, and other estate, real or personal. Provided,
the annual income thereof shall not exceed the sum of
Five thousand Dollars, and may sell and dispose of the
same, and apply the rents, issues, and profits thereof, in

Acts, 1803. — Chapter 75. 591

such manner, as the end and design of the said In-
sti[s]t[a] [wjtion, in their discretion may require.

Sect. 3d. And be it further enacted, that the said ll^Tnelll,lTy
Trustees shall have power, from time to time, to elect °®'^*"'a'iV*/g
such Officers of the said Academy, as they shall judge nee- tee, &c.
essary, 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 other incapacity, of discharging the duties of his
Office ; to fill all vacancies in the said Corporation to de-
termine the time & places of the meetings of said Cor-
poration ; the manner of notifying, and the method of
electing and removing Trustees ; to elect and prescribe
the powers and duties of the Officers of the said Corpo-
ration, and also to prescribe the powers and duties of the
Preceptor, Preceptress, Teachers, and all other Officers of
the Academy, and to make and ordain reasonable rules,
orders, and bye Laws, not repugnant, to the LaAvs of
this Commonwealth, with reasonable penalties, for the
good government of the said Academy.

Sect. 4th. And be it further enacted, that the rever- Firsi meeting.
end Jonathan Allen be, & he is hereby authorised, to fix
the time and place, for holding the first meeting, of the
said Trustees, and to notify them thereof.

Sect. 5th. And be it further enacted. That this Act corporation not
shall not be construed to entitle said Academy to any public landg.
Donation of the public Lands.

Approved February 10, 1804.

1803. — Chapter 75.

[January Session, ch. 9.]

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF
HEBRON, BY THE NAME OF HEBRON ACADEMY, AND TO
CREATE A CORPORATION OF TRUSTEES FOR THE SAME.

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- Hebron Acad-
lished in the town of Hebron, in the County of Cumber- fiTh^ed!"
land, an Academy, by the name of Hebron Academy, for
the purpose of promoting piety and virtue, and for the
education of Youth, in such languages, and in such of the
liberal arts and sciences, as the Trustees hereinafter pro-
vided, shall order and direct.

592

Acts, 1803. — Chapter 75.

Trustees ap-
pointed.

Corporate
name.

Trustees to
have a eomaion
seal.

Trustees to be
the visitors,
governors, &c.
of the academy.

Number of trus-
tees limited.

Vacancies iu
the board of
triistees to be
filled.

Sec. 2. A.nd be it further Enacted hy the authority
aforesaid. That the Revd. John Tripp, Revd. James
Hooper, Samuel Paris, Ezekiel Whitman, Cyrus Hamlin,
John Greenwood, Luther Gary, and Jesse Rice, Esquires,
and Mr. William Burrows, be, and they hereby are nom-
inated and appointed Trustees of the said Academy, and
they are hereby incorporated into a Body Politic, by the
name of The Trustees of Hebron Academy, in the County
of Cumberland — and they and their successors, shall be
and continue a body politic and corporate by the same
name forever.

Sec. 3. And he it farther Enacted, 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 fit, and they may sue and
be sued, in all actions, real, personal, and mixed, and
prosecute and defend the same to final Judgment & exe-
cution, by the name of The Trustees of Hebron Academy,
and may appoint an Agent or Agents, to prosecute and
defend such Suits.

Sec. 4. And he it further Enacted, That the said John
Greenwood and others the Trustees aforesaid, and their
successors, be, and they are hereby made the Visitors,
Trustees, and Governors, of the said Academy, in per-
petual succession forever, to be 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 convenient, and to make and ordain
such Laws, orders and rules 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 he it further enacted. That the number
of the Trustees aforesaid, shall not at any one time be
more than nine nor less than seven, five of whom, at
least, shall be necessary to constitute a quorum for trans-
acting business.

Sec. 6. And he it further enacted, That as often as
one or more of the Trustees aforesaid shall die or resign,
or, in the judgment of the major part of the Trustees,
shall be rendered in-capable, by age or otherwise, of dis-
charging the duties of his Oflice the Trustees then surviv-
ing, shall elect one or more persons to fill such vacancy
or vacancies.

Acts, 1803. — Chapter 76. 593

Sec. 7. And be it further enacted. That the Trustees Trustees ai-
aforesaid, and their successors, be, and they hereby are property to a
rendered Capable in Law, to take, and hold by gift, "'''"'^ '"^''''''''
grant or devise, bequest or otherwise, any lands, tene-
ments, or other Estate, real or personal, which hath here-
tofore been given, or subscribed, or which may hereafter
be given or subscribed for the purpose aforesaid ; Pro-
vided, that the annual income of the said real Estate shall
not exceed the sum of One thousand Dollars, and the an-
nual income of the said personal estate, shall not exceed
the sum of three thousand Dollars ; and all deeds and in-
struments, 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. 8. Aiid be it further Enacted, That John Green- First meeting.
wood Esqr. , be, and hereby is authorised & impowered to
appoint the time and place for holding the first meeting
of said Trustees and notify them thereof.

Apinoved February 10, 1804.

1803. - Chapter 76.

[January Session, ch. 10.]

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES
OF A FUND FOR THE SUPPORT OF A CONGREGATIONAL
GOSPEL MINISTER IN THE FIRST PARISH IN BRADFORD, IN
THE COUNTY OF ESSEX.

WJiereas Jonathan Chadtuick of Bradford in the County Preamble.
of Essex, hath given unto the first Congregational Society
in said Bradford, a State Note of Eleven hundred and
tiventy five Dollars, principal and Interest, the Interest of
which is to be applied towards the support of a Congrega-
tional minister, in the said Society forever hereafter:

Sec. 1. Be it enacted by the Senate and House [of]
Hepresentatives in General Court assembled, and by the
Authority of the same, That Nathaniel Thurston, James Trustees ap-
Kimball, Asa Gage, Joseph Chad wick, Richard Walker, ^*"°
Samuel Webster, Edward Kimball, Benjamin Walker,
Peter Gage, Francis Kimball, John Griffin, Edmund
Kimball, Uriah Gage, Richard Woodman, Jesse Kimball,
Daniel Carleton and Timothy Phillips, be and they are
hereby 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

594

Acts, 1803. — Chapter 76.

Corporate
name.

Trustees em-
powered to
receive monies.

Fund to be put
at interest.

Proviso.

Officers to be
elected. Treas-
urer to give
bonds.

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
first Parish in Bradford ; " and the said Trustees shall
have and keep a common seal, subject to be changed or
altered at pleasure, and may sue and be sued, and prose-
cute and defend to final judgement & execution. And
the number of Trustees shall never be less than seven,
and five shall form a Quorum for doing business.

Sec. 2. And be it further enacted. That the said
Trustees, be and hereby are vested with full power to re-
ceive into their hands all monies & securities, for money
already raised, and all monies, subscriptions, donations,
and Securities, for real or personal estate, that may here-
after be given, raised, or subscribed, for the purpose
aforesaid, and may sell and convey by good & well au-
thenticated Deeds, lands & tenements, whereof the fee
may vest in them, by virtue of Mortgage, or execution,
or otherwise.

Sec. 3. And be it further enacted. That the aforesaid
fund shall be put to Use or interest, and the Annual In-
terest of said fund shall be applied to discharge the Sal-
ary, of the Congregational Gospel Minister now settled
or that may hereafter be settled in the said first Parish.
Provided however, that should the said Trustees be pos-
sessed of a Capital, the annual Interest whereof, shall be
more than suflScient to discharge the Salary aforesaid, the
surplus sum may be applied to the payment of the other
necessary expences arising from supporting said Congre-
gational Worship, or for the support of Schools as the
said Trustees, from time to time shall direct ; or the same
may be appropriated to augment said Fund, within the
limitation hereafter expressed. And the said Trustees
are hereby made capable of holding as aforesaid real and
personal estate, the annual income of which, shall not ex-
ceed nine hundred Dollars, and no part of the Capital of
said Fund shall ever be expended.

Sec. 4. And be it further enacted, That the Trustees
for the time being, may elect a President, Clerk, & Treas-
urer ; and the Clerk & Treasurer shall 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
sufficient security for the same, having previously himself

Acts, 1803. — Chapter 77. 595

given bonds to said Trustees, with sufficient sureties to
their acceptance, for the faithful performance of his duty
— And said Trustees shall have power to fill all vacancies
that shall happen from Death, resignation, or removal out
of said Society, and the said Trustees & their successors
shall remain a body corporate to perpetuate the appro-
priation of said Fund according to the intentions of the
Donor or Donors within the provisions of this Act. And
said Trustees shall annually in the month of January
make a full and fair statement of the situation of the
Funds aforesaid and deliver a Copy of the same to the
Clerk of said Congregational Society.

Sec. 5. And 6e it further enacted, That Nathaniel f*'-'" ■"^^""g-
Thurston Esqr., is hereby authorised to call the first
meeting of said Trustees, and said Trustees shall deter-
mine the mode of calling future meetings.

Approved February 10, 1804.

1803. — Chapter 77.

[January Session, ch. 11.]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO
PREVENT DAMAGES BEING DONE UPON THE IMPROVED
LANDS ADJOINING CONNECTICUT-RIVER, BY REASON OF
TIMBER BEING LEFT THEREON BY THE SPRING FLOODS,
& FOR FIXING A TIME FOR THE OWNERS TO REMOVE IT,"
MADE IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN
HUNDRED & EIGHTY ONE.

Whereas Levi Shepherd hath represented to this Court
that he sustains great damage by timber which is brought
on to his land in an Island in Connecticut- River, lying be-
tween Hadley <& JSforth-ampton, in the County of Hamp-
shire, called and known by the name of Stoddard's Island:

Be it therefore enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that an Act entitled '* An Act to
prevent damages being done upon the improved Lands
adjoining Connecticut-River, by reason of timber being
left thereon by the spring floods ; and for fixing a time for
the owners to remove it, be, and the same hereby is ex-
tended to the aforesaid Island, the owners thereof observ-
ing the injunctions contained in said Act, and causing the
marks on the timber to be recorded in the book of records
of the town of Northampton.

Approved February 10, 1804.

596

Acts, 1803. — Chapters 78, 79.

MeetlDgB may
be called at
any time.

Continuation
of present
officers.

1803. — Chapter 78.

[January SesBion, ch. 12.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
INCORPORATE SIMON LARNED & OTHERS FOR THE PUR-
POSE OF CONVEYING WATER BY PIPES INTO THE CENTRE
OF THE TOWN OF PITTSFIELD, BY THE NAME OF THE PRO-
PRIETORS OF THE WATERWORKS, IN THE MIDDLE OF THE
TOWN OF PITTSFIELD."

Sec. 1. Be it Enacted by the Senate and House of
Representatives, in General Cour't assembled, and by the
authority of the same. That the said Proprietors, or any
three of them, may at any time, by advertisement posted
up, at any two public houses in said Pittsfield, or pub-
lished in a news paper printed in said Pittsfield, warn
a meeting of said Proprietors, to be holden at such place
in said Pittsfield, and at such time, not less than seven
days from the posting up or publishing such advertise-
ment, as shall be appointed and notified in the said adver-
tisement ; at which meeting so appointed & warned, any
business expressed in such notification, and proper to be
transacted by the said Proprietors, pursuant to the Act,
entitled, "An Act to incorporate Simon Larned, and
others for the purpose of conveying water by pipes, into
the centre of the town of Pittsfield, by the name of The
Proprietors of the Waterworks in the middle of the town
of Pittsfield," may be transacted.

Sec. 2. And be it further enacted, That the Corporate
Officers of the said Proprietors last appointed, shall be
and continue in their respective Offices, until a meeting
for the appointment of Officers shall be warned and
holden, in the manner authorised by this Act.

Approved February 10, 1804.

1803. — Chapter 79.

[January Session, ch. 13.]

AN ACT TO INCORPORATE DUMMER SEWALL, AND OTHERS,
PROPRIETORS OF THE NEW MEETING HOUSE, IN THE TOWN
OF BATH, INTO A RELIGIOUS SOCIETY, BY THE NAME OF
THE CONGREGATIONAL SOCIETY IN THE TOWN OF BATH.

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

Acts, 1803. — Chapter 79. 597

Authority/ of the same, that Dummer Sewall, David Tru-
fant, Samuel Davis, and the persons who now are, and
such as shall hereafter be Proprietors of the new Meeting
house, in the town of Bath, and of the land under and
adjoining the same, be, and they are hereby incorporated,
and made a Body Politic, and religious Society, by the
name of the Congregational Society in the town of Bath, corporate
and in that name, may sue and be sued, and shall be in- °*'"^'
vested, with all the powers, privileges, and immunities,
to which other Religious Societies in this Commonwealth
are entitled by Law, and shall be capable of purchasing
and holding estate, real or personal, over and above said
Meeting house, to any amount, the annual Income of which
shall not exceed Three thousand Dollars.

Sect. 2d. And be it further enacted, that the said ^ayTe^iardf
Society be, and they hereby are authorised and empow- andtheprop-

t . , ^ , 1 erty of those

ered, to raise by an assesment on the pews and seats, who refuse to
in said Meeting house, such sum or sums of Money, for 80*^.°"^^
the settlement & maintaina[n]ce of a Minister, repair-
ing the meeting-house, & defraying the other expences
of Public Worship, with incidental charges, as they shall
agree on, and the same may assess, or cause to be as-
sesed, upon such pews or seats, in such manner as the
Society shall determine, and the sums so assessed, shall be
paid by the Proprietors of such pews and seats, or the
occupants thereof. And if any Proprietor of a pew or
Seat, or the occupant thereof shall neglect to pay any
assessment, which shall be legally made thereon, for one
Year after the same shall have been made, the Treasurer
of said Society, shall be authorised and empowered to
sell and convey all the estate and interest, of any such
delinquent proprietor in the said Corporation at Public
auction, first giving notice thereof fourteen days at least
previous to the sale, by posting up notifications, at two of
the doors of said meeting house, and upon such sale, to
execute a good and sufficient deed or deeds thereof, and
after deducting the amount of said delinquent's tax to-
gether with the legal Interest thereon, from the time, the
same was made, and all incidental charges, the said Treas-
urer shall pay the Surplus, if any there be, to such delin-
quent Proprietor,

Sect. 3d. Be it further enacted, that all persons Membership,
belonging to the said town of Bath, who shall be desirous
of belonging to the said Society, shall so long as they

598

Acts, 1808. — Chapter 79.

continue to pay an equal proportion of the expences of
Public Worship, & usually attend therein with said So-
ciety be considered to all religious purposes as members
of said Society, and shall be exempt from any ministerial
tax elsewhere. And any such person who shall pay an
annual Tax, towards the maintenance and support of
jireaching in the said Meeting house, equal to one half of
the Tax of the lowest floor pew, shall have a right to vote
on all occasions, in the meetiogs of said Society, except
in such votes, as shall relate to the disposition of the
property of said Proprietors.
Method of leav- Sect. 4th. Be it fuvthev enacted, that whenever any
Proprietor, or other person who shall join the said So-
ciety, shall in writing to be delivered to the Clerk of
said Society, notify that he withdraws from the said So-
ciety, such Proprietor or person shall no longer be con-
sidered personally liable for any assessment afterwards
made, but any person leaving the Society shall be held
to pay any assesment, made on them, previous thereto,
and said Society may sue for the same.
Sfore^mad^'to" Sect. 5. Be it further enacted, that all contracts
be considered heretofore made, by the said Proprietors, shall be binding
^^ "*^' upon them in their Corporate capacity, and the Deeds for

the pews, in said Meeting house given by David Trufant
as agent for said Proprietors, and all Deeds and Trans-
fers of said pews in future made, when the same shall be
recorded in the Book kept by the Clerk of said Society,
shall be good and Valid in Law.

Sect. 6. Be it further enacted, that the said Society,
at their annual meeting which shall be holden on the
fourth Monday of April in every year shall choose a
Treasurer, Clerk, assessors, and Collector, and all such
Officers, as they may think necessary for conducting and
managing the affairs of the Society, either by ballot or
otherwise, as they may think proper, and shall at such
meeting determine on the Compensation to be allowed to
any of the said Officers, for their services ; and in case of
a vacancy in any Office, by death, resignation, or other-
wise, they shall have power to till said vacancy, at any
meeting, called for the purpose, of which notice shall be
given by the Clerk, on the two Sabbaths, immediately
preceeding the meeting, by posting the same in the Porch
of said meeting house. And all and every act or thing
to be done by this act, shall be done, at the said annual

Officers to be
chosen, etc.

Acts, 1803. — Chapter 80. 599

meeting, or meeting specially called for the purpose, as
aforesaid.

Sect. 7th. And be it further enacted, that the first ^>'''""«^"°8.
meeting of the said Society, shall be on the fourth Mon-
day of April next, and shall be notified to the Society,
by a Notice posted by the said Dummer Sewall Esqr., in
the manner aforesaid ; And at said first meeting the said
Society, may if they think proper choose three judicious
men, not Inhabitants of the town to make a valuation of
the pews, in order to fix the ratio, by which the money's
to be assessed shall be apportioned. And the said Valua-
tion when made, shall be recorded by the Clerk, and be
ever after binding on said Society as a rule to apportion
the Taxes. Approved February 13, 1804.

1803. — Chapter 80.

[January Session, ch. 14.]

AN ACT TO SET OFF JOHN DAVIS, EBENEZER BOYNTON, NA-
THAN HARRINGTON, SAMUEL HARRINGTON, MICAH HAR-
RINGTON AND EPHRAIM HARRINGTON, FROM THE TOWN
OF HOLDEN IN THE COUNTY OF WORCESTER, AND ANNEX
THEM TO THE TOWN OF PAXTON IN SAID COUNTY.

Sec. 1. Be it enacted by the Senate & House of Repre-
sentatives in General Court assembled, and by the author-
ity of the same, That John Davis and Ebenezer Boynton Boundaries of
with their Polls and Estates, bounded as follows vizt. be- Davi8\nd'^°'^°
ginning at the south westerly corner of the town of Holden, foySto"
being also a Corner of the town of Worcester on Leices-
ter line, thence running North fifty four degrees east, one
hundred and eighty six rods, to Joseph Howard's land
and bounded on Worcester line, thence North thirty eight
degrees West one hundred and fifty nine rods, to a heap
of Stones, at the corner of said Howard's farm, thence
North fifty three degrees East, sixty one rods, to a town
road, thence North thirteen degrees East, fifty rods,
thence North thirty two degrees West, twenty three rods
to a Stake and Stones, thence south sixty degrees West
thirty two rods to a heap of stones, thence west six de-
grees south, one hundred and sixty three rods to said
Paxton line, thence southerly on said Paxton & Leices-
ter line to the bounds first mentioned — Also Nathan Boundaries
Harrington, Samuel Harrington, Micah Harrington, and NathaVnar-
Ephraim Harrington, with their Polls & Estates, bounded othl^?*"**

600

Acts, 1803. — Chapter 80.

Provision re-
specting taxes.

Alteration of
valuation.

as follows vizt. beginning at the South west corner of
Ephraim Harrington's land on the line between Paxton
and Holden, being also a Corner of Ebenezer Waits land,
thence East thirteen degrees North, One hundred & forty-
four rods to Elisha Mirick's land, thence North fourteen
degrees West, One hundred and Seventeen rods to a cor-
ner of said Mirick's land, thence East thirteen degrees
North seventy One rods by said Mirick's land, to a heap
of stones a corner of said Nathan and Samuel Harring-
ton's land, thence North fourteen degrees West, two hun-
dred & one rods to a heap of stones, a corner of said
Nathan & Samuel Harrington's land, by Joseph Hubbard's
land, thence West ten and an half degrees South eighty
rods to a stake & Stones, a corner of Israel Davis' land,
thence South thirteen degrees east, twenty rods, to a
heap of stones a corner of said Davis' land, thence West
ten and an half degrees south eighty rods by said Davis'
land to a corner on Stephen Sweetser's line, thence South
thirteen degrees East thirty five rods on said Sweetsers
line to a corner of his land, thence west eleven degrees
South forty four rods to a heap of Stones, a corner on
said Paxton line, thence southerly on said Paxton line to
the bounds first mentioned — be, and they are hereby set
off from the town of Holden, and annexed to the town of
Paxton, there to do duty & receive privileges equal to
other inhabitants in said town of Paxton — Provided
Nevertheless — that the said John Davis, Ebenezer Boyn-
ton, Nathan Harrington, Samuel Harrington, Micah Har-
rington, and Ephraim Harrington, respectively be held
to pay all Taxes already assessed on them by the said town
of Holden — Provided Also, that every person having
heretofore gained Inhabitancy on either of the aforesaid
Farms, and becoming chargeable, shall receive their sup-
port in, and from the said town of Paxton.

Sec. 2. A7id be it further enacted, by the authority
aforesaid, that there shall be taken nine Cents from the
State Valuation of the town of Holden, and added to the
town of Paxton, which shall be the rule for assessing
the said Towns for State and County Taxes, until there
shall be a new State Valuation taken.

Approved February 13, 1804.

Acts, 1803. — Chapter 81. 601

1803. — Chapter 81.

[January Session, ch. 15.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWN OF HEBRON IN THE COUNTY OF CUMBER-
LAND INTO A RELIGIOUS SOCIETY, BY THE NAME & STYLE
OF THE CONGREGATIONAL SOCIETY IN HEBRON.

Sect. 1. Be it enacted hy the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that the following persons, vizt., ^^^^1 "a '°''°'^
Asa Bearce, Charles Bearce, Cornelius Bearce, Job Bearce,
Levi Bearce, Asa Bearce Junr., Thomas Carman, Sam-
uel Crafts, William Churchill, Isaac Cushman, Ashley
Curtis, Oliver Curtis, Ashley Curtis junr., Simeon Dave,
Samuel Decoster, Isaiah Fuller, Alexander Greenwood,
John Greenwood, John Greenwood jun., Jacob Gurney,
Elisha Gurney, Micah Gurney, Ebenezer Harlow, Jabez
Merrill, Joseph Morse, Thomas Morton, Huldah Myrick,
Abiel Packard, Ichabod Packard, Ruben Packard, Zacheus
Rowe, William Stedman, John Stedman, Alven Turner,
Adam Turner, Adam Turner junr., Southworth Turner,
Peleg Washburn, Isaac Whittemore, and Samuel Whit-
temore, together with their families and estates and such
others as may hereafter associate with them be & they
are hereby incorporated into a Society by the name &
style of the Congregational Society in Hebron ; with all
the powers, privileges, & immunities, to which other re-
ligious Societies, are intitled, by the Constitution and
Laws of this Commonwealth.

Sect. 2d. And he it further enacted, that upon ap- Justice of the
plication to any Justice of the Peace in the County of warrant.
Cumberland, such Justice shall issue a Warrant directed
to some suitable inhabitant of the said town of Hebron,
requiring him to Notify and warn the members of the said
Congregational Society, to meet at such convenient time
and place, as shall be expressed in said Warrant, for the
purpose of choosing such Officers, as Parishes are by Law
empowered to choose at their annual Meetings in the
Month of March or April. Approved February 13, 1804.

602

Acts, 1803. — Chapter 82.

Preamble.

Court to be
held on the
first Tuesday
of March.

1803. — Chapter 83,

[January Session, eh. 16.]
AN ACT FOR HOLDING A SPECIAL SESSION OF THE SUPREME

Executions and
attachments
made return-
able to this
court.

JUDICIAL COURT AT
COUNTY OF NORFOLK.

DEDHAM WITHIN AND FOR THE

Whei^eas hy some accident the Supreme Judicial Court
which was to have been holden at Dedhani within and for
the County of JVbrfolk on the first Tuesday of February
instant has not been opened and holden; a7id a special
interposition of the Legislature has become necessary, in
order to have a due and regular administration of Justice
in that County :

Sec. 1. Be it therefore enacted by the Senate and
House of Representatives in Gene^nl Court assembled
and by the authority of the same. That there shall be a
Supreme Judicial Court holden at Dedham within and for
the County of Norfolk according to the established forms
of Law, on the first Tuesday of March next, and that all
writs and processes which were by law returnable at the
Supreme Judicial Court which was by law to have been
holden at Dedham within and for the County of Norfolk
on the first Tuesday of February instant, shall be return-
able to the said Court to be holden there on the first
Tuesday of March next ; any thing in their forms to the
contrary notwithstanding. And that all Actions which
were continued, and all appeals which were made to the
said Court which was so to have been holden at Dedham
on the first Tuesday of February aforesaid shall be en-
tered and acted upon at the said Supreme Judicial Court
to be holden there on the first Tuesday in March, in the
same manner as the same might have been done at the
Court aforesaid, on the first Tuesday of February if the
same Court had been holden.

Sec. 2. Be it firther enacted. That all Levies of exe-
cutions, all attachments made, and all services of process
done on precepts which were made returnable to the
said Court which was to have been holden on the first
Tuesday of February shall be held as good and valid at
the said Supreme Judicial Court to be holden there on the
said first Tuesday of March as the same would have been
at a Supreme Judicial Court holden there on the first
Tuesday of said February, and that all recognizances
taken for and which were returnable at the said Supreme
Judicial Court which was to have been holden there on

Acts, 1803. — Chapter ,83. 603

the said first Tuesday of February shall be good and valid
at the said Court to be so holden there on the first Tues-
day of March aforesaid, as if the same were taken for a
Court then to be holden, any thing in their form to the
contrary notwithstanding.

Sec. 3. Be it further enacted. That the Grand Jurors Jurors to serve

,__._ ^ ,- , ,at this court,

and Fetit Jurors who were drawn and were to have been wuh a proviso.
returned to serve at the Supreme Judicial Court which
was to have been holden at Dedham aforesaid on the said
first Tuesday of February shall be holden to appear and
serve at the said Court to be holden there on the first
Tuesday of March next, under the same penalties as if
they were regularly drawn and returned to serve at the
Court last mentioned. Provided nevertheless, that where
it shall appear to the Judges who shall hold the said
Court that any of said Jurors have not had due informa-
tion of this Act such Jurors shall not be liable to a fine
for nonappearance and the said Jurors and Parties, and
Witnesses shall be allowed for all their travel and attend-
ence as shall be just and equitable.

Sec. 4. Be it further enacted. That the Secretary copies of this

£ict to i)(3

cause a competent number of Copies of this Act to be primed and
printed, and shall send them to the Sheriff of the County
of Norfolk who shall cause the same to be published in
the news papers printed in said Dedham and shall imme-
diately send one to the Town Clerk of each Town in the
said County, which Town Clerk shall post the same up in
some public place in the Town of which he is Clerk, and
shall cause the grand & petit Jurors who shall have been
drawn there-in as aforesaid to be notified thereof seven
days before the first Tuesday of March next. The Sec-
retary shall also send one copy to the Circuit Clerk of
the Supreme Judicial Court, and one to the Clerk of the
Court of Common pleas in the said County, and one to
each Judge of said Supreme Judicial Court, and shall
cause this Act to be published in two of the News papers
printed in Boston. Approved February 20, 1804.

1803. — Chapter 83.

[January Session, ch. 17.]

AN ACT TO INCORPORATE THE HAMPSHIRE MISSIONARY

SOCIETY.

Whereas a number of the Congregational and Presbyte- Preamble.
rian Ministers together with a number of other persons in

604

Acts, 1803. — Chapter 83.

Object of the
society.

Membership.

Annual meet-
ing, choice of
ofBcerB, etc.

the Gounty of Hampshire convened at Northampton on the
fifth day of January in the year of our Lord One thou-
sand eight hundred and two, and formed themselves into a
Missionary Society under a Constitution containing the
following Articles :

Art. 1. The name and style of the Missionary So-
ciety shall be the Hampshire Missionary Society.

Art. 2d. The great object and Business of the So-
ciety shall be to promote the preaching and propagation
of the Gosple of Jesus Christ among the Inhabitants of
the new settlements of the United States, and the aborig-
inal Natives of the Continent.

Art. 3d. The Society in future shall or may consist
of members of the following descriptions and qualifica-
tions that is to say — Of all the Congregational & Presby-
terian Ministers of Churches in the County of Hampshire,
of one Deligate from each Church of the Congregational
and Presbyterian Denominations in the County to be an-
nually chosen for the purpose : of each and every person
residing either in or out of the County who hath sub-
scribed, or shall subscribe & pay to the use of the Society
Ten Dollars, and he shall continue a Member during the
term of Seven Years, and ever after so long as he shall
annually in the Month of January pay the Sum of two
Dollars to the use of the Society : of each and every
person residing in or out of the County who hath sub-
scribed or shall subscribe and make himself accountable
to the Society for the sum of two Dollars to be paid an-
nually, in the month of January for Seven Years ; and
he shall continue a member during the Term of seven
years and ever after so long as he shall annually in the
Month of January pay to the use of the Society the sum
of two dollars. The Claim of Subscribers to be consid-
ered as members shall be ascertained from the Books of
the recording Secretary kept in such manner as the Trus-
tees shall direct and exhibited at each meeting of the
society. And any person who may be of peculiar advan-
tage to the Society may be made a member by a Major
Vote at any meeting after having his name entered as a
candidate for admission at a previous meeting.

Art. 4. There shall be holden annually at Northamp-
ton in said County a meeting of the Society on the Thurs-
day of the week appointed by Law for the holding of the
Court of Common Pleas in the month of August, at two

Acts, 1803. — Chapter 83. 605

oClock P.M. for the purpose of choosing by ballot a
President, a Vice President, a Treasurer, a recording
Secretary, a Corresponding Secretary, and Twelve Trus-
tees ; of whom the President, and Vice President shall be
two, and Six of them shall be Ministers of the Gospel,
and Six Laymen, and of choosing any other necessary
Officer : — Keceiving the reports of the Trustees, and
other OflScers : forming rules and giving directions to
their Officers and transacting all other matters advanta-
geous to the Interest of the Society. The society shall
have power to alter the time and place of holding the an-
nual Meeting. All the annual Officers shall continue in
office until others shall be chosen to succeed them,
and the Trustees at least fourteen days previous to any
meeting of the Society, shall give Public Notice of the
time and place of holding such meeting — and the mem-
bers who shall convene, one of the Trustees, or the
Treasurer or either of the Secretary's being present, shall
constitute a quorum for doing business.

Art. 5th. The Business and powers of the Trustees Business and
shall be to appoint for themselves a President ^?-o tempore fruTtees"
in the absence of the President and Vice President — To
form rules for the Goverment of their Meetings and pro-
ceedings, to appoint a Treasurer, a Recording Secretary,
or Corresponding Secretary in case of the nonacceptance.
Death, removal or incapacity of such Officer, to serve
until the next Meeting of the Society — To call for the
attendance of the Secretaries, who shall Officially, Act for
the board of Trustees, To call for the attendance of the
Treasurer who when required shall exhibit to them his
Books and Accounts, shall receive of them such directions
as they shall give & shall receipt and account for all the
sums of Money committed to him by the Trustees and
pay the same to them or their order — to manage and
economically improve and apply the monies and other
property and estate of the society — To appoint contract
with, send out, direct, recall and pay Missionaries, Cate-
chists and School masters as shall best answer the design
of the Institution To purchase and disperse among the
Indians, and Inhabitants of the new settlements Copies
of the Holy Bible, and other Pious, and Christian writ-
ings, and necessary 8[c]hool Books — To appoint such
subordinate Officers and Agents as shall be necessary in
managing the interest & property of the Society — To

606

Acts, 1803. — Chapter 83.

Annual report
to be made.

Treasurer's
accounts to be
exaraiued.

Amendments
may be made.

First officers.

Persons incor-
porated.

maintain a diligent and friendly correspondence with
other missionary societies — To call special meetings of
the society upon emergent occasions and, to do every
other thing conformably to the general directions of the
Society and the first principles of the Institution as ex-
pressed in the second article of this Constitution which
shall be advantageous to the propagation of the Gospel
of Christ. The Trustees shall meet twice in each Year
and as much oftner as they find necessary, and seven
members at any meeting shall be a quorum for doing
business.

Art. 6. The Trustees shall report to the Society at
every annual Meeting their doings the preceeding Year —
and i)ropose such Measures as they shall Judge to be use-
full to the Society.

Art. 7th. The Society shall annually appoint a Com-
mittee to examine the accounts of the Treasurer and
make a report of the State of the Treasury at the next
annual meeting.

Art. 8th. Any amendment may be made to this
constitution provided it be proposed in writing at an an-
nual Meeting of the Society and adopted at a Subsequent
Meeting by two thirds of the members present.

Art. 9. The Officers of the Society in the first In-
stance shall be chosen by the convention by whom this
Constitution is ratified.

And whereas said Society have raised considerable
funds out of which they have from time to time contrib-
uted to the benevolent purposes of the Institution, and
said society finding difficulties and embarrassments for
want of an Incorporation, and having petitioned this
Court for an Act remedial of said difficulties and embar-
rassments & their intentions and designs appearing laud-
able and Avorthy of encouragement :

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 Constitution afore-
said and the doings of said Society in conformity thereto,
are hereby ratified confirmed & established, and that His
Excellency Caleb Strong Esqr. of Northampton, Revd.
Samuel Hopkins, D.D. of Hadley, Hon. John Hastings
Esqr. of Hatfield, Revd. Joseph Lathrop D.D. of West
Springfield, Hon. Ebenezer Hunt Esqr. of Northamp-
ton, Revd. Joseph Lyman D.D. of Hatfield, Justin Ely

Acts, 1803. — Chapter 83. 607

Esqr. of West Springfield, Eevd. Solomon Williams, of
Northampton, William Billings Esq. of Conway, Revd.
David Parsons D.D. of Amherst, Charles Phelps Esq. of
Hadley, Revd. Richard S. Stoors of Longmeadow, &
their associates members of said Society, be & they
hereby are incorporated & made a Body Politic for the
purposes aforesaid, by the name & stile of the Hamp- corporate
shire Missionary Society : and the Society aforesaid shall "*™^*
have perpetual succession, & may have a Common Seal,
which it shall be lawful for them to Change, break, alter,
and make new at pleasure, and said Society is hereby corporation
made Capable in law of receiving from any person or "ramt! IT
persons charitably disposed to aid the benevolent pur- quests, etc.
poses of this Institution, any Grants or devises of Lands
or Tenemehts in fee Simple or for a lesser estate, & all
subscriptions, donations & bequests of money or any
other personal Estate to any amount not exceeding twenty
thousand Dollars and that all Grants, donations. Subscrip-
tions, devises & bequests made to the Society aforesaid
shall be improved in such a manner as the Trustees of
said Society shall judge most conducive to answer the
designs of the Institution.

Sec. 2d. Be it further enacted, that the Society corporation
aforesaid, shall at all times have power to sue & may be bTeued! convey
sued, and may defend, & shall be held to answer by the '''°''*' '^''•
Name, Style & title aforesaid — and if it should so happen
that said Society shall become Seized of Lands & Tenne-
ments, it shall be lawful by Deed under the hand and Seal
of their President for the time being to sell and convey
the same ; provided such sale shall be made and concluded
on by the Trustees aforesaid.

Sec. 3d. A7id be it further enacted that the Trustees case of the
aforesaid upon the Death of the President or Vice Presi- presfdentVr'^^
dent, be and hereby are empowered if they Judge it es- vice-president
sential to the interests of the Institution, to appoint a
successor, the person so appointed to continue in Office
until the next annual meeting of said Society for the
choice of Officers.

And to the end that the members of said society & all
contributors to said design may know the state of the
Funds of said Society and the disposition thereof, and of
all the donations made to said Society.

Sec. 4. Be it enacted that particular accounts of such Accounts of
funds and the dispositions thereof shall be exhibited by be'ex^hibued

annually.

608

Acts, 1803. — Chapter 84.

Records to be
kept of dona-
tions, etc.

Alterations in
the society's
constitution to
be submitted to
the General
Court.

the Treasurer and recording Secretary at the stated an-
nual Meeting of said Society — a Committee of said So-
ciety having first examined and Certified the same to be
true ; and fair entries shall be made in proper Books pro-
vided for that purpose, of all donations made to said
Society, and of all the estate both real and personal be-
longing to the same, and said Books shall be brought to
the general Stated Meetings and be there open for the
perusal and examination of the members.

Sec. 5. And Be it further enacted, That it shall be the
duty of said Society to lay before the General Court any
alterations and amendments that may be made by said
Society in the Constitution aforesaid, that said General
Court may disalow or confirm the same at their discretion.

Approved February 21, 1804.

Preamble.

Academy es
tablished.

Trustees incor-
porated.

1803. — Chapter 84.

[January Session, oh. 18.]

AN[D] ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF
SANDWICH, IN THE COUNTY OF BARNSTABLE, AND TO
CREATE A CORPORATION OF TRUSTEES FOR THE SAME.

Whereas the encouragement of literatu7'e in the rising
generation has ever been considered hy the wise and good^
as the basis upon which the safety and happiness of a free
people ultimately depend; And whereas the Revd. Jona-
than Burr and others have petitioned this Court for the
establishment of an Academy in Sandwich in the County
of Barnstable, for that purpose:

Sec 1. Be it enacted by the Senate and House of
Representatives, in General Court a.ssem6[l]ecZ, and by the
authority of the same, That there be, and hereby is estab-
lished, in the town of Sandwich, in the County of Barn-
stable, an Academy, by the name of Sandwich Academy,
for the purpose of promoting piety and Virtue, and for
the education of youth, in such languages, and in such
liberal Arts and Sciences, as the Trustees herein after
provided shall order and direct.

Sec 2. And be it further enacted. That the Eevd.
Jonathan Burr, Honble. Nathaniel Freeman, Esqr., Doct.
Jonathan Leonard, Wendell Davis, Esqr., James Free-
man, Esqr., Mr. William Fessenden, Revd. Henry Lin-
coln, Eevd. Cakes Shaw, Mr. William Bodfish, Revd.
Levi Whitman, Revd. John Simpkins, Richard Sears,

Acts, 1803. — Chapter 84. 609

Esqr. David Scudder, Esqr., Kevd. Nathan Stone, Thomas
Thacher, Esqr., Revd. Jude Damon, Mr. Stephen Bas-
sett, and Thomas Jones, Esqr., be, and hereby are nom-
inated and appointed Trustees of said Academy, and they
are hereby incorporated into a body politic, by the name corporate
of The Trustees of Sandwich Academy, in The County °'*™^"
of Barnstable, and They, and Their successors shall be and
Continue a body politic and corporate by the same name
forever.

Sec. 3. And be it further enacted, That the said Trus- Trustees may
tees and their successors shall have one common Seal, stJf'^^'^^'
which they may break, change and renew, from time to
time, as they shall see fit, and they may sue and be sued,
in all Actions, real, personal and mixed, and prosecute
and defend the same to final Judgment & execution, by
the name of the Trustees of Sandwich Academy, in the
County of Barnstable, and may appoint an Agent, or
Agents to prosecute or defend such suit or suits.

Sec. 4. And be it further enacted, That the said Jon- Trustees to be
athan Burr & Others, the Trustees aforesaid, and their governors of
successors be, and they are hereby made the visitors, trus- ' '"^^"' ^"^"
tees & Governors of the said Academy in perpetual suc-
cession forever, to be continued in the way and manner
hereafter specified, with full power and authority to elect
such Ofiicers of the said Academy as they shall judge nec-
essary and convenient, and to make and ordain such laws,
orders & rules, not repugnant to the laws of this Com-
monwealth, for the good government of said Academy,
as to them shall seem fit and requisite.

Sec. 5. And be it fur/ her enacted, That the number Number of
of the Trustees aforesaid shall not at any time be more
than eighteen, nor less than nine, five of whom, at least,
shall be necessary to constitute a quorum for transacting
business.

Sec. 6. And be it further enacted, That as often as vacancies may
one or more of the trustees aforesaid shall die or resign, or
in the judgment of the Major part of the trustees, shall be
rendered incapable, by age or otherwise, of discharging
the duties of his Office, the trustees then surviving may
elect one or more persons to fill the vacancy or vacancies.

Sec. 7. And be it further Enacted, That the Trustees Property may
aforesaid and their successors, be, and they hereby are
rendered capable in Law, to take and hold by gift, grant,
devise, bequest or otherwise, any lands, tenements, or

610

Acts, 1803. — Chapter 85.

other estate, real or personal, 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, & the annual income of
the said personal 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 succes-
sors, and be valid in law.

Land granted. gj,^, g ^^^^ ^g -^ f^^ij^^r^ enacted. That there be, and
hereby is granted to the said Trustees and to their suc-
cessors forever, for the use of the said Academy, one
half township of six miles square of the unappropriated
lands belonging to this Commonwealth in the District of
Maine (excepting the ten townships on Penobscot river,
and a township North of the Waldo patent reserved for
public purposes) to be laid out and assigned by the
Commissioners for the sale of Eastern lands, under the
restrictions & reservations made in similar cases — on
condition that the Treasurer of said Trustees shall certify
to said Commissioners, that the sum of three thousand
dollars, has been actually raised & secured for the en-
dowment of said Academy and appropriated to the use
thereof forever.

Sec. 9. And he it further enacted, by the authority

First meeting, aforesaid, That Nathaniel Freeman, Esqr. be, and he
hereby is authorized and empowered to appoint the time
and place of holding the first meeting of said Trustees
and notify them thereof. Approved February 21, 1804.

Corporate
name.

1803. — Chapter 85,

[January Session, ch. 19.]

AN ACT TO INCORPORATE JOSEPH RUSSELL AND OTHERS
INTO A COMPANY BY THE NAME OF THE NORTH AMERI-
CAN INSURANCE COMPANY.

Sect. 1st. Be it enacted by the Senate and House of
Representati[on'][yvQ]s in General Court assembled, and
by the authority of the same. That the said Joseph Russell
and others, and all such persons as have already or shall
hereafter become Stockholders in the said Company, be,
and hereby are incorporated into a Company and Body
Politic, by the name of The North American Insurance
Company for and during the Term of Twenty years after

Acts, 1803. — Chapter 85. 611

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, subject to the restrictions herein after
mentioned.

Sect. 2d. And be it further enacted, That the Capital J^^^'^^^ol
Stock of the said Company shall be divided into shares shares.
of 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 &
property which the said Company shall be authorised 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 Fifty thousand Dollars shall at any time be in-
vested in real Estate.

Sect. 3d. And he it further enacted, That, the stock. Directors to be
Property, Affairs and concerns of the said Company, shall
be managed and conducted by Seven Directors ; One of
whom shall be President thereof, who shall hold their
Offices for one year, and until 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 Direct-
ors for the time being shall appoint, of which election
public 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 preceeding such elec-
tion ; and the election shall be holden under the inspection
of three Stockholders, not being Directors, and the elec-
tion 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 Stockholders
shall be allowed more than ten Votes ; and the Stock- stockholders
holders not present may Vote by Proxy, under such reg- "ro^xy f''' ''^
ulations as the Company shall prescribe. And if thro'
any unavoidable accident the said Directors shall not be
chosen on the second Monday of January as aforesaid, it
shall be lawful to choose them on any other day, in the

612

Acts, 1803. — Chapter 85.

A president to
be chosen.

Board to trans-
act business.

A secretary
and clerks to
be appointed.

Meetings of
directors; their
powers, &c.

manner herein prescrib'd Provided That no person being
a Director of any other Company carrying on the busi-
ness of Marine Insurance, shall be eligible as a Director
of the Company by this Act established.

Sect. 4th. And be it further enacted^ That the Direct-
ors when chosen shall meet as soon as may be after every
election, and shall choose out of their body one person to
be President, who shall be sworn faithfully to discharge
the Duties of his Office ; and who shall preside for one
year ; and in case of the death, resignation, or inability to
serve, of the President or any Director, such vacancy or
Vacancies shall be filled 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.

Sect. 5th. And he it further enacted That the Pres-
ident and three of the Directors or four of the Directors
in the absence of the President, shall be a board compe-
tent 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 dispo-
sition of the stock, property, estate and efl'ects of said
Company, and the transfer of the shares, and touching
the duties and conduct of the several Officers, Clerks and
Servants employed, and the election of Directors, and all
such matters as appertain to the 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 regula-
tions shall not be repugnant to the Constitution or laws
of this Commonwealth.

Sect. 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 Pres-
ident and Boai'd of Directors shall deem proper, and the
President, 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 Directors or the Committee aforesaid at and during
the pleasure of said board, shall have power and authority,
on behalf of the Company, to make Insurance on Ves-

Acts, 1803. — Chaptek 85. 613

sells, Freight, Money, Goods and Effects and against
Captivity of persons during their absence at Sea, and
on the life of any person and in Cases of money lent
on 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, or
in case of his death, sickness, inability or absence, by
any two of the Directors, and countersigned by the Sec-
retary, and shall be binding and obligatory upon the said
Company, and have the like effect and force as if under
the Seal of said Company ; & all losses duly arising
under any policy so subscribed may be adjusted and set-
tled by the President and board of Directors and the
same shall be binding on the Company.

Sect. 7th. And be it further' enacted, That it shall SenTtobe
be the duty of the Directors on the first Monday of July ^ade.
and January 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 advise-
able ; but the Monies received and Notes taken for
premiums on risks, which shall be undetermined and out-
standing at the time of making such dividends shall not
be considered as part of the profits of the Company. —
And in case of any loss or losses, whereby the Capital capltafbiing
Stock of the Company shall be lessened before all the in- fj^'^^"'"''^'^ ^^
stalments are paid in, each Proprietor or Stockholders'
Estate shall be held accountable for the instalments that
may remain unpaid on his share or shares at the time
of such loss or losses taking place, and no subsequent
dividend shall be made, until a sum arising from the
profits of the business of the Company equal to such
dim[uni] [mwjtion shall have been added to the Capital ;
and that once in every three years, and oftner if requir'd
by a majority of the votes of the Stockholders, the Direct-
ors shall lay before the Stockholders at a General meet-
ing, an exact and particular statement of the profits, if
any there be, after deducting losses and dividends.

Sect. 8th. And be it further- enacted, That the said ^e Z'c'ern" a '"
Company shall not directly nor indirectly deal or trade in in 'rade.
buying or selling any goods, wares, merchandize or Com-
modities whatever ; 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

Acts, 1803. — Chapter 85.

Payments for
Block.

Shares liable
to attachment.

Bank in this Commonwealth, in either or all of them, and
in such projiortion 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.

Sect. 9. And be it furthei' enacted, That Fifty Dol-
lars on each share in said Company shall be paid in money
within twenty days after the first meeting of said Com-
pany and the remaining sum of Fifty Dollars on each
share shall be paid in money within one year afterwards
by such equal instalments and under such penalties as the
said Company shall direct, and no transfer of any share
in said Company, shall be permitted, or valid, until all
the instalments made on such share shall have been paid.

Sect. 10th. 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,
Vizt. — whenever a proper officer, having a Writ of at-
tachment 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, ascertaining 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 mean process, or taken
in execution, an attested Copy of such Writ of attach-
ment 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, & 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.

Acts, 1803. — Chapter 86. 615

Sect. 11. A7id be it furtlier enacted. That in case of dfrectora ulbie
any loss or losses taking place that shall be equal to the '^J;®/**^°
amount of the Capital Stock of the said Company, and
the President or Directors after knowing of such loss,
or losses taking place, shall subscribe to any Policy of
Insurance, their Estates jointly and severally shall be
accountable for the amount of any and every loss that
shall take place under policies so subscribed.

Sect. 12. And be it further enacted, That the Presi- ^^„^';°[<.°to be
dent and Directors of said Company shall previous to published
their 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. Provided nevertheless that the
said President and Directors shall not be allowed to in-
sure on any one risk, a larger sum than ten per Centum
of the amount of the Capital stock of said Corporation
actually paid in.

Sect. 13. And be it further enacted. That the Presi- KSo*"
dent and Directors of said Company shall when and as legislature

. , r 1 • i"i when required.

often as required by the Legislature oi this Common-
wealth lay before them a Statement of the afiairs of said
Company, and submit to an examination concerning the
same, under Oath.

Sect. 14. And be it further enacted. That Joseph First meeting.
Russell, John May and Thomas Perkins, or any two of
them, are hereby authorised to call a meeting of the mem-
bers of said Company as soon as may be, in Boston, by
advertising the same for three weeks successively in
two of the newspapers printed in said Town, for the pur-
pose of their electing a first board of Directors, who shall
continue in Office until the second Monday of January,
One thousand eight hundred and five.

Approved February 21, 1804.

1803. — Chapter 86.

[January Session, ch. 20.]

AN ACT TO ESTABLISH A FUND FOR THE SUPPORT OF THE
GOSPEL MINISTRY, IN THE FIRST PARISH OF THE TOWN
OF GROTON, IN THE COUNTY OF MIDDLESEX, AND TO AP-
POINT TRUSTEES FOR THE MANAGEMENT THEREOF.

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

616

Acts, 1803. — Chapter 86.

Trustees.

Corporate
name.

Proviso.

Amount of
estate limited ;
appropriation
of income.

Provision re-
specting the
existing con-
tract.

the Authority of the same, That the three senior Select-
men of said town, for the time being, the Treasurer of
said Parish, and the junior Deacon by age, of the Church
in said Parish, both for the time being, be and they are
hereby constituted, a body politic and corporate, by the
name of "The Trustees of Groton Ministerial Fund,"
and they and their several successors, in their respective
offices, shall continue a body politic and corporate by that
name forever ; and by the same name may sue and be
sued in all Actions, and pursue and defend the same to
final judgment and execution. Provided always, that
whenever either of said Selectmen, or said Deacon shall
be Treasurer as aforesaid, or whenever said Treasurer,
shall be the said Deacon, and also one of said Selectmen,
then the next senior Selectman by choice, and the next
junior Deacon by Age, or one of them as the case may
require, shall belong to said Corporation ; or whenever
such Deacon shall be a Selectman as aforesaid, in that
case the next junior Deacon as aforesaid, shall be one of
said Trustees, to the end that the said Corporation, may
always consist of Five members.

Section 2. And be it further enacted, T\i2ii any gift,
grant, bequest, or devise, hereafter made to said Trustees,
shall be valid and efiectual, to all intents and purposes
whatever; and they & their successors as aforesaid, are
hereby impowered, by purchase, or operation of Law, to
take, have, hold, use, improve, and manage any estate,
real or personal, the annual income whereof shall not ex-
ceed the sum of Two thousand Dollars in trust, for the
support and maintenance of the Gospel Ministry in said
Parish ; and whenever the net annual income or interest
of such fund or estate, shall amount to the sum of Six
hundred Dollars, and not before, the said Trustees shall
proceed to pay the same quarterly, to such teacher or
teachers of Religion, as shall be regularly ordained and
settled in said Parish, by the joint concurrence of the In-
habitants and Church thereof, and such teacher or teach-
ers of Religion, shall be entitled to recover the same by
Action of Debt, against said Trustees : and during any
vacancy in said Parish, of a regular ordained and settled
minister, they shall appropriate such income or interest,
to the increase of the principal fund, any thing herein to
the contrary notwithstanding.

Section 3. And be it further enacted. That nothing
herein contained, shall be construed to alter, impair,

Acts, 1803. — Chapter 86. 617

vacate, or in any wise affect the contract now existing, be-
tween said Parish, and their present Minister but the pro-
ceeds of said fund, whenever the same shall be paid to
him, in Manner aforesaid, shall be deemed to be in satis-
fection of his Salary, for the time being, so far as the same
will apply to the discharge thereof.

Section 4. And be it further enacted, That the said Duties and
Trustees may assemble & meet together, as often as they trustees.
may think necessary for the promotion of their Trust,
any three of whom shall constitute a Board for doing
business, but the concurrence of three at least, shall be
requisite to every Act & proceeding whatever ; they may
determine the manner of calling meetings ; they may
appoint a Clerk, an Agent, or Agents, and other needful
Officers & Committees ; they may make reasonable rules,
regulations, & bye laws, and annex penalties for the breach
thereof, not repugnant to the Laws of this Common-
wealth ; they may have a common seal and change the
same at pleasure, and they may alienate by good and suf-
ficient deeds in Law, hny real estate, the title whereof
shall be vested in them by way of Mortgage, or by oper-
ation of Law.

Section 5. A7id be it further enacted. That the Clerk cierktobe

n • T /~t J • 11111 t 1 f n sworn; his du-

01 said Corporation, who shall be a member thereof, & ties prescribed.
shall be sworn in the same manner, as town Officers are,
to the faithful performance of the duties of his office,
shall have the care & custody of all papers and docu-
ments, belonging to said Trustees, and shall carefully &
fairly record all their votes and proceedings in a book
kept for that purpose, and shall certify the same, when
thereunto required, and he shall call meetings, when he
may think the same necessary, or when thereto directed
by said Trustees, and do whatever else may be incident
to said Office. And he shall deliver up to his successor in
Office, as soon as may be, all the records, papers, & doc-
uments, in his hands, in good order & condition, and if
he shall neglect so to do for the space of thirty days,
next after such successor shall be duly appointed, he shall
forfeit and pay a fine of fifty dollars, and the further sum
of thirty dollars per month, for such neglect afterwards.

Section 6. And be it further enacted. That the said Duties and

. 1111 1 irr\ f • t powrs of the

1 arish ireasurer, shall always be the Treasurer oi said treasurer.
Trustees, & the receiver of all money & effects, due,
owing, and coming to them, and may demand, sue for, and
recover the same, in their name, unless prohibited by

618

Acts, 1803. — Chapter 86.

Trustees
to be amenable
to the inbabi-
tants for their
coDdnct.

A statement of
funds and do-
nations to be
recorded and
reported
annually.

them, and he shall have the care & custody of all the
money & effects, obligations, & securities for the pay-
ment of money or other things, and all evidences of prop-
erty, belonging to said Trustees, and be accountable
to them therefor, and shall dispose of the same, as they
shall order and direct, and shall render an Account of his
doings, and exhibit a fair & regular statement of the prop-
erty, & evidences of property, in his hands, whenever they
shall require the same to be done ; and he shall deliver
up to his successor in Office, as soon as may be, all the
books and papers, property, and evidences of property in
his hands, in good Order & condition, and shall give
bond to said Trustees, and their successors with sufficient
sureties, to be approved by them, in the penal sum of
Twenty thousand Dollars, at least, condition [ecZ] to do &
perform, all the duties incumbent on him as their Treas-
urer, and if he shall fail to deliver up the same as afore-
said, or neglect to give bond as aforesaid, for the space
of thirty days, next after such Treasurer shall be duly
chosen, he shall forfeit and pay a fine of fifty Dollars, and
the further sum of thirty dollars per month, for such fail-
ure or neglect afterwards.

Section 7. And be it further enacted, That it shall be
the duty of said Trustees to use and improve such fund
or estate, as shall be vested in them by virtue of this Act,
with care and vigilence, so as best to promote the design
thereof, and they shall be amenable to the inhabitants of
said Parish for neo:lio:ence or misconduct, in the manage-
ment or disposition thereof, whereby the same shall be
impaired or sufier loss, waste, or diminution, and the in-
habitants of said Parish may have & maintain a special
Action of the Case, against the proper persons of said
Trustees, and their goods & estate, jointly & severally
for such negligence or misconduct, and recover adequate
damages therefor, and any sum so recovered, shall be
deemed to be for the benefit of said fund, and shall be
paid to said Trustees, who may have an Action of debt
therefor accordingly.

Section 8. And be it further enacted, That the said
Trustees, shall cause to be recorded, & kept in their book
of Records by their Clerk a Statement of the funds &
estate in their hands, wherein shall be particularly desig-
nated, the nature & amount, of each original grant or
donation, the period when made, the design thereof, and

Acts, 1803. — Chapter 86. 619

the donor's or grantor's name & place of abode at large,
with such other circumstances, as they may think useful
or proper, to distinguish the same, and perpetuate the re-
membrance thereof; and they shall make report of such
statement to the inhabitants of said Parish, at their meet-
ing in the month of March or April annually, where the
same shall be publicly read, or to a Select committee, if
said Parish shall choose one for that purpose, together
with a specific estimate of what estate they actually hold,
and by what tenure, what money and effects are due to
them, and how the same are secured and what receipts
have been obtained, and disbursements made by them the
preceeding year.

Section 9. And be it further enacted. That the said Trustees to loan

•^ ' the money

Trustees shall always loan upon Interest, all the money belonging to

• . s&id funds.

belonging to said funds, in sums pf not less than two
hundred dollars each, and for the term of One Year, upon
the bond or note of the borrower, with a mortgage of real
estate, to three times the value, of the sum loaned, as
collateral security for the repayment of the principal sum,
with interest annually till paid ; and if any debtor to said
Corporation, shall fail to pay the interest due on his bond
or note, for the space of ten days, after the same shall
become due, it shall be the duty of said Treasurer to
cause such bond or note, and mortgage to be put in suit,
& prosecuted until it shall be obtained.

Section 10. And [be] it further enacted, That if said ^IgieK"^
Trustees shall fail to pay the annual income of said fund duties.
to the settled Minister, as herein before provided, for the
space of thirty days, after the same shall become payable
as aforesaid, or if they shall neglect to make report to
said Parish in the Month of March or April, annually, or
to a Select Committee, as in this Act directed, they shall
severally forfeit for each offence, the sum of Fifty dollars,
and the further sum of thirty dollars per month after-
wards, until they shall make payment of said income as
aforesaid ; saving always, that the said Trustees shall not
be liable to the forfeiture aforesaid, for non payment of
said income, if they shall prosecute as before in this Act
provided, within thirty days after the same shall become
due, for the recovery thereof.

Section 11. And he it further enacted. That the said Jj'^^'eneVted^
Trustees, shall be entitled to receive a reasonable compen-
sation, to be paid by said parish, for their services, in

620

Acts, 1803. — Chapters 87, 88.

Recovery of

fines, &c.

First meeting.

managing and taking care of said funds & Estate, but no
part of such funds or estate, or the income thereof, shall
ever be appropriated to that purpose.

Section 12. And be it further enacted^ That all fines
& forfeitures, incurred for any breach of this Act, shall
and may be recovered by Action of debt, by the inhabi-
tants of said Parish, if they shall sue for the same, within
six months, after the same shall be incurred, to the use
and benefit of said fund, to be paid to said Trustees ac-
cordingly, otherwise by any person who shall sue there-
for, one moiety thereof to his own use, and the other
moiety thereof to the use and benefit of said fund, & shall
be paid to said Trustees accordingly, & they may have an
Action of debt to recover the same.

Section 13. Ajid he it further enacted, That the said
Treasurer is hereby authorised & directed to appoint the
time and place for holding the first meeting of said Trus-
tees, and to warn such meeting accordingly.

Approved February 21, 1804.

1803. — Chapter 87.

[January Session, cli. 21.]

AN ACT TO SET OFF EBENEZER BAKER, WITH THAT PART
OF HIS FARM WHICH LIES IN THE TOWN OF SHARON, AND
TO ANNEX THE SAME TO THE TOWN OF WALPOLE.

Be it enacted by the Senate and House of Representa-
tives in General Court Assembled, and by the Authority of
the Same, That Ebenezer Baker, with his family and all
that part of his farm, which lies in the town of Sharon,
be and hereby is set ofi" from the said town of Sharon,
and annexed to the town of Walpole : Provided that the
said Baker shall be held to pay his proportion of all town
or parish charges, assessed upon him prior to the date of
this Act. Approved February 28, 1804.

1803. — Chapter SS.

[January Session, cli. 22.]

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT EM-
POWERING AARON PORTER AND OTHERS TO CONSTRUCT
LOCKS AND OPEN A NAVIGABLE CANAL BY SACO FALLS
ON SACO RIVER."

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

Acts, 1803. — Chapter 88. 621

authority of the same that the Proprietors incorporated ^uThorfzed^o
in and by an act entitled "An act empowering Aaron make byeiawe,
Porter and others to construct Locks and open a naviga-
ble Canal by Saco Falls on Saco Eiver," at any legal
meeting may make and agree upon all such Rules, Regu-
lations and by laws (not repugnant with the Laws of said
Commonwealth) as they may deem necessary or expe-
dient for the management of their concerns and the com-
pletion of the object of their Incorporation ; which rules,
Regulations and By-laws so made shall be binding on said
Corporation.

Sec. 2d. And he it further enacted by the authority
aforesaid that when ever any of said proprietors shall neg- shares of de-
lect or refuse to pay any Tax or assessment duly voted be sold.
and agreed upon by said Corporation to their Treasurer
on or before the day set for payment thereof, the said
Treasurer is hereby authorised to sell at public Vendue
the share or shares of such delinquent proprietor, one or
more as shall be sufficient to raise and pay the sum or
sums due on said shares as aforesaid and incidental
Charges after duly notifying such intended sale fourteen
days before hand by posting one notification thereof in
Biddeford and one in Pepperelborough at a public place
in each Town, and such additional notice as the Directors
may order, and such Sale shall be a suffic[i]ent Transfer
of such share or shares and the purchaser on producing a
Certificate of the sale of such share or shares as aforesaid
from the Treasurer or Clerk of said corporation shall have
his name with the share or shares so sold entered on the
Book of the Corporation, and such purchaser shall be
considered to all intents the Owner of such share or
shares — and the overplus (if any) arising from such sale,
shall be returned by the Treasurer to the person who
owned such share or shares at the time of such sale.

Sec. 3d. And be it further enacted by the authority
aforesaid that all rules regulations and Bj'-Laws already Rules, &c. con.
agreed on, and all Votes passed by said proprietors, be
and the same are hereby fully confirmed and established
provided they are not repugnant to the Laws of said
Commonwealth. Approved February 28, 1804.

622

Acts, 1803. — Chapter 89.

Corporate
Dame,

Value and num-
ber of shares.

Directors to be
chosen.

1803. — Chapter 89.

[January Session, ch. 23.]

AN ACT, TO INCORPORATE NATHANIEL FELLOWES AND
OTHERS INTO A COMPANY BY THE NAME OF THE UNION
INSURANCE COMPANY.

Sect. 1st. Be it enacted by the /Senate and House of
Representatives in General Oourt assembled, and by the
authority of the same, that the said Nathaniel Fellowes
and others, and all such persons as have already or shall
hereafter become Stockholders in the said Company, be,
and hereby are incorporated into a Company and Body
Politic, by the name of The Union 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, subject to the restrictions herein after
mentioned.

Sect. 2d. And be it further enacted, That the Capital
Stock of the said Company shall be divided into shares
of one hundred Dollars each which shall be paid into the
said Company in 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 prop-
erty, which the said Company shall be authorised to hold
shall never exceed Three hundred thousand Dollars — ex-
clusive of premium notes, and profits arising from the
business of said Company ; of which Capital Stock, not
more than Fifty thousand Dollars shall at any time be in-
vested 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 Seven Directors ;
one of whom shall be President thereof, who shall hold
their Offices, for one year, and until others are chosen,
and no longer ; and who shall at the times of their elec-
tion 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 elec-

Acts, 1803. — Chapter 89. 623

tion public Notice shall be given in at least two of the
newspapers 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 in-
spection of three Stockholders not being Directors, & 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 Stockholders stockholders
shall be allowed more than ten Votes ; and the Stock- proxy? ^ ^
holders, not present may vote by proxy, under such reg-
ulations as the Company shall prescribe, And if through
any unavoidable accident the said Directors should not be
chosen on the second Monday of January, as aforesaid, it
shall be lawful to choose them on any other day, in the
manner herein prescribed.

Sect. 4. A7id be it further e?iac^ecZ, That the Direct- a president to
ors when chosen shall meet as soon as may be after every
election, and shall choose out of their body one person to
be President, who shall be sworn faithfully to discharge
the duties of his Office, and who shall preside for one
year; and in case of the death, resignation, or inability
to serve, of the President or any Director, such vacancy
or Vacancies shall be filled for the remainder of the year
in which they happen by a special election for that pur-
pose, to be held in the same maoner as herein before
directed respecting annual elections for Directors.

Sect. 5. And be it further enacted., that the Presi- Board to trans-
dent, and three of the Directors or four of the Directors ^'^
in 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 and prescribe such bye
laws rules and regulations, as to them shall appear need-
ful and proper touching the management and disposition
of the stock, property, estate and effects, of said Com-
pany, and the transfer of the shares and touching the
duties and conduct of the several Officers, Clerks & Ser-
vants employed, and the election of Directors, and all
such matters as appertain to the business of Insurance ;
and shall also have power to appoint a Secretary, and so a secretary

% • &ud clerts to

many Clerks and servants for carrying on the said busi- be appointed.
ness, and with such Salaries, and allowances to them
and to the President, as to the said board shall seem
meet ; provided that such bye laws, rules and regulations

624

Acts, 1803. — Chapter 89.

Meetings of
directors; their
powers, &c.

Semi-annual
dividends to be
made.

In case of
capital stock
being dimin-
ished by losses.

shall not be repugnant to the Constitution or Laws of this
Commonwealth.

Sect. 6. And be it further enacted, Thdit 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 Pres-
ident 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
Directors 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 on Ves-
sels, Freight, Money, Goods and Effects, and against Cap-
tivity of persons and on the life of any person during his
absence by sea, and in cases of moneys lent upon bot-
tomry 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, or in
case of his Death, sickness, inability or absence, by any
two of the Directors, and countersigned by the Secretary,
and shall be binding and obligatory upon the said Com-
pany, and have the like effect &, 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.

Sect. 7. And he it further enacted. That it shall be
the duty of the Directors on the first monday of July &
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 out-
standing at the time of making such dividends shall not
be considered as part of the profits of the Company, and
in case of any loss or losses, whereby the Capital Stock of
the Company shall be lessened before all the instalments
are paid in, each proprietor or Stockholders estate shall
be held accountable for the instalments that may remain
unpaid on his share or shares at the time of such loss, or
losses taking place, and no subsequent dividend shall be
made untill a sum arising from the profits of the business
of the Company, equal to such diminution shall have been
added to the Capital ; and that once in every three years

Acts, 1803. — Chapter 89. 625

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 and particular
statement of the profits, if any there be, after deducting
losses and dividends.

Sect. 8. And be it farther enacted. That the said company not
Company shall not directly nor indirectly deal or trade in trtde"*'^'^"^
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 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 of all of them,
and in such proportions, as may be most for the interest
of said Compan}'^, 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.

Sect. 9th. And he it further enacted. That Fifty shares payable
Dollars on each share in said Company shall l)e paid in '"^ '"^'""^^"t^-
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 and no transfer of any
share in said Company, shall be permitted or be Valid,
untill the whole Capital Stock shall have been paid in.

Sect. 10th. And be it further enacted. That no i)er- Eligibility of

1 . T^* J c i-\ /-\ ' ciirectore.

son bemg a Du'ector or any other Company carry mg on
the business of Marine Insurance shall be elijrible as a
Dn-ector of the Company by this act established.

Sect. 11th. And he it further enacted, that the prop- shares iiawe to
erty of any member of said Company vested in the Stock exe^cvnufn"' ^""^
of said Company with the dividend or dividends due "^fb'^d!''
thereon shall be liable to attachment and execution in
favor of any bona fide creditor, in manner following Vizt.
whenever a proper OflScer having a Writ of attachment
or execution against any such member, shall apply with
such Writ or execution to the Secretary of said Com-
pany, it shall be the duty of said Secretary to expose the
books of the corporation to such ofiicer, and furnish him
with a Certificate under his hand in his Official Capacity,
ascertaining the number of shares the said member holds

626

Acts, 180B. — Chapter 89.

Property of
directors liable
in certain cases.

Amount of
stock, etc. to
be published
annually.

Statement of
affairs to be
made to legis-
lature when
required.

First meeting.

in said Company and the amount of ttie dividend or divi-
dends due thereon, and when any such share or shares
shall be attached on mense 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 & 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
taken in execution aforesaid ; or when there shall have
been a previous attachment, after such attachment, not-
withstanding any intervening transfer.

Sect. 12. And be it further enacted^ that in case of
any loss or losses taking place that shall be equal to the
amount of the Capital Stock of the said Company and the
President or Directors after knowing of such loss or
losses taking place, shall subscribe to any policy of 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 so subscribed.

Sect. 13. And he it further enacted yW^aX the presi-
ident and Directors of said Company shall previous to
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, but in no case shall they be al-
lowed to take a greater sum than Ten ^ Centum on their
Capital Stock actually paid in.

Sect. 14. And he U further enacted, that the President
and Directors of said Company shall when, and as often
as required by the Legislature of this Commonwealth, lay
before them a Statement of the afi'airs of said Company,
and submit to an examination concer[w]ing the same,
under oath.

Sect. 15. And he it ftrther enacted, that Nathaniel
Fellowes, Thomas K. Jones and James Prince or any two
of them are hereby authorised to call a meeting of the
members of said company as soon as may be in Boston,

Acts, 1803. — Chapters 90, 91. 627

by advertising the same for tiiree weeks successively in
two of the newspapers printed in said town for the pur-
pose of their electing a First board of Directors, who
shall continue in OflSce until the second monday of eTan-
uary, One thousand eight hundred and five.

Ajjproved February 28 ^ 1804.

1803. — Chapter 90.

[January Session, ch. 28.]

AN ACT IN FURTHER ADDITION TO AN ACT ENTITLED, " AN
ACT ESTABLISHING THE WILLIAMSTOWN TURNPIKE CORPO-
RATION."

Be it enacted by the Senate <& House of Representa-
tives, in General Court assembled, and by the authority
of the same. That a further time of one year from the
first day of March next be, & hereby is allowed to said
Corporation, to complete their said Turnpike Road.

Approved February 28, 1804.

1803. — Chapter 91.

[January Session, ch. 24.]

AN ACT TO INCORPORATE CERTAIN PERSONS, TO LAY OUT
AND BUILD A TURNPIKE ROAD AND BRIDGES, FROM THE
POST OFFICE, NEAR THE GREAT PONDS IN THE TOWN OF
MIDDLEBOROUGH, TO THE BRAINTREE AND WEYMOUTH
TURNPIKE, LEADING FROM WEYMOUTH LANDING TO QUEEN
ANN'S CORNER IN HINGHAM.

Sec 1st. Be it enacted by the Senate and House of
Representatives in General Court assembled and by the
authority of the same, that William Rotch, Junr., Edward Persons incor-
Pope, Samuel Rodman & Thomas Hazard jr., & all such
persons as are or shall be associated with them, and in-
terested in the fund raised to build said Turnpike and
Bridges, and their successors, shall be a Corporation by corporate
the name of the New-Bedford and Bridgwater Turnpike °''"^'
Corporation, and shall by that name sue and be sued,
and shall have a common Seal and enjoy all the privi-
ledges and })ovvers, which are by law incident to a Cor-
poration for the purpose of laying out and making a
Turnpike Road and Bridges, and keeping the same in re-
pair, from the said Post Ofiice in Middleborough, })y or as
near the several meeting houses in Titicut, the South and

628

Acts, 1803. — Chapter 91.

First meeting.

Officers to be
chosen, and
rules estab-
lished.

Width of the
road, etc.

East Parishes in Bridgwater, Abington, and tlie upper
Parish in Weymouth, to the Braintree and Weymouth
Turnpike, leading from Weymouth Landing to Queen
Ann's Corner in Hingham, as the same may be practicable.

Sec. 2i>. And be it farther enacted, that the above-
mentioned persons, or any three of them, may by ad-
vertisement in the New England Palladium, printed in
Boston, and in the Columbian Courier, printed in New-
Bedford call a meeting of the said proprietors, to be
holden at any suitable time and place, after fifteen days
from the publication of said advertisement ; and the said
proprietors by Vote of the Majority of those present, or
represented 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 faithfull discharge of his
duty, & said proprietors shall then & there agree, on a
method for calling future meetings ; and at the same time,
or at any subsequent meeting may make and establish any
rules and regulations that shall be necessary or convenient
for regulating the said Corporation ; for eflecting, com-
pleting and executing the purposes aforesaid ; or for col-
lecting the Toll hereafter granted, and the same rules and
regulations may cause to be kept, & executed, or for the
breach thereof may order and enjoin fines and penalties,
not exceeding thirteen Dollars and 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 proprietors may also choose
and appoint any other oflScer or Officers, 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 and Votes
of the said corporation, shall be truly and fairly recorded
by the said Clerk, in a book or books to be provided and
kept for that purpose ; provided also, that no one proprie-
tor in this Corporation, shall have more than Ten Votes.

Sect. 3d. And he it further enacted, that the same
Turnpike Road and Bridges, shall be laid out erected and
made by the said Corporation, of sufficient width in every
part thereof for the accomodation of the pul)lic, that is
to say, four Rods wide through the whole of said Road ;
and the made way or path for travelling, shall be of suffi-
cient width, and not less than twenty four feet wide in
any part thereof. And when the said Road and Bridges

Acts, 1803. — Chapter 91. 629

shall be sufficiently made from the said post office in Mid- ^J^^fa'*'^
dleborough, to the said Weymouth and Brantree Turnpike
aforesaid, and shall be so allowed by any three men, to be
appointed by the Governor and Council for that purpose,
then the said Corporation shall be authorised to erect two
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 passen-
ger the following rate of Toll, to Vizt. For every Coach, Rates of ton.
Phaeton, 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 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 & one half cents
and if by more than two, an additional sum of three
Cents for every such ox or horse ; for every Curricle six-
teen Cents ; for every sleigh for the conveyance of pas-
sengers, drawn by two horses twelve & one half Cents,
and if drawn by more than two, an additional sum of
three Cents for each horse ; for every sleigh or sled
drawn by one horse ten cents ; for every chaise, chair, or
other carriage, drawn by one horse twelve & an half
Cents ; for every man and horse five Cents ; for all
horses oxen 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 propor-
tion for a greater or less number ; Provided that there Provieo respect-
shall not be but one half of the toll demanded or received ©"^whleil '^*
for the passing of Carts or Waggons at each of said Gates
that shall have the fellies thereof at least six inches in
width, and provided also that the General Court may
hereafter otherwise regulate the tolls to be paid, by Carts,
and Waggons, according to the width of fellies of the
wheels on which they shall run, and the burthens which
thev shall carry. — and the said Corporation shall, at signboard to be

• erected

each place, where the said toll shall be collected, erect
and keep constantly exposed to open view a sign or board
with the rate of toll of all the tollable articles fairly and
legibly written thereon, in large or Ca})ital letters.

Sect. 4. And he it further enacted, that said Corpo- corporation
ration may purchase and hold any land over which they and hold land

630

Acts, 1803. — Chapter 91.

and to be liable
for damages
where land 1b
taken without
agreement.

Penalty for
delaying
travellers and
for excessive
toll.

Penalties for
Injuring road,
forcibly pass-

may make said road ; and the justices of the Court of
General Sessions of the peace, in the respective Counties
through wliich it passes, are hereby authorised, on appli-
cation from the said Corporation, to lay out said Road
or any part thereof, within their respective jurisdictions,
as with the consent of 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
voluntary agreement, to be estimated by a Committe ap-
pointed by the Court of General Sessions of the Peace,
in the County in which such damage shall aris-e ; 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 high ways. Provided al-
ways that in case of an increase of damages given by the
verdict of any jury that may be called on said Road the
expence of said Jury shall be paid by the said Corporation.

Sect. 5. And be it further enacted^ that if the said
Corporation or their Toll getherer, or others by them em-
ployed, shall unreasonably delay or hinder any passenger
or traveller, at either of said Gates, or shall demand or
recieve more toll than is by this act established, the cor-
poration shall forfeit and pay a sura, 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, 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 some individual
member of said corporation, living in the County where
the said Action may be brought, 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 said
Corporation or individual member, 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 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.

Sect. 6. And he it further enacted, ihsitM siny \)QYQon
shall cut, break down, or otherwise destroy, any of said

Acts, 1803. — Chapter 91. 631

Gates; or shall dig up, or carry away, any earth from ing gates, or
the 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 such
Gate, such person shall forfiet and pay a fine, not exceed-
ing fifty Dolhirs and not less than Ten dollars, to be re-
covered by the Treasurer of said Corporation, to their
use, in an action of Trespass, and if any person, with a
Team, Cattle, or horses, turn out of said road, to pass any
of the Turnpike-gates aforesaid & again enter said road,
with an intent to avoid any toll established as aforesaid,
such person shall forfiet and pay a fine not exceeding
three dollars nor less than one dollar to be recovered by
the Treasurer aforesaid, to the use aforesaid, in an action
of the case. Provided that nothing in this act shall ex-
tend, to intitle 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 Town of which they are
Inhabitants or from any person, or persons, passing on
Military duty.

Sect. 7. And be it further enacted, that the shares in shares to be
said road, shall be deemed personal estate to all intents sooai etuter"^
and purposes, and shall be transferable by Deed, duly "erlndViuch".
acknowledged before any justice of the peace, and re- "jf^'ed'®
corded by the Clerk of the said Corporation, in a book
to be kept for that purpose ; and when any such shares
shall be attached on mense process, or taken in Execu-
tion, an attested copy of such writ of attachment or ex-
ecution, 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 l)e
void. And such shares may be taken, & sold, by execu-
tion 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, & paying for the re-
cording thereof, shall be deemed a sufficient transfer of
the same.

Sect. 8. And he it further enacted, that the said Cor- statement of

1 II -jt • • 1 /• • 1 m •! coHt of road and

poration shall, withm six months after said lurnj^ike annual returns
Road shall be compleated, lodge in the Secretarys office.

632

Acts, 1803. — Chapter 91.

Shares of delin-
quents may be
sold.

Corporation
may be dis-
solved when
indemnified
with interest.

an account of all the expences of said Road & Bridges ;
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
disbursments 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 and Council, when
called for.

Sect. 9. 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 said Cor-
poration, to their Treasurer within thirty days, after the
time set for payment thereof, the Treasurer of said Corpo-
ration, 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 nec-
essary incidental charges ; after duly notifying in one or
more Public News papers, printed in the Counties of
Suflblk and Bristol 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 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 said Corpo-
ration, 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 per-
sons whose shares were then sold.

Sect. 10. Aiid be it further enacted^ that the General
Court may disolve the said Corporation, whenever it shall
appear, to their satisfaction, that the said 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 &
Bridges ; together with an interest thereon, at the rate of
twelve dollars on the hundred, for a year, from the time
of completing the same ; and thereupon the interest in
the said Turnpike Road & Bridges shall vest, in the com-
monwealth. Provided that if the said Corporation shall
neglect, to complete said Turnpike Road & Bridges for
the space of three years, from the passing of this Act, the
same shall be void and of no effect.

Acts, 1803. — Chaptee 92. 633

Sect. 11. And be it further enacted, that the said ThemteoMoii
corporation be and it is liereby empowered to commute muted,
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.

Sect. 12. And be it further enacted, that the said Money may be

-' ' granted to cer-

Corporation is hereby allowed, to grant monies to such tain persons.
persons as rendered services to the Proprietors, in ex-
ploring the rout of the Turnpike Road, or otherwise,
previous to the Act of incorporation ; and the said Cor-
poration is hereby authorised, to purchase and hold, other
real estate adjacent to, and for the accommodation of said
Road, to the amount of twenty thousand dollars.

Approved February 29, 1804.

1803. — Chapter 93.

[January Session, ch. 25.]

AN ACT TO INCORPORATE JONATHAN MASON AND OTHERS
INTO A COMPANY BY THE NAME OF THE UNION MARINE
INSURANCE COMPANY.

Sec. 1. Be it enacted by the Senate and House of
Rejjresentativefi in General Court assembled and by the
authority of the same, That the said Jonathan Mason and Persons incor.
others and all such persons as have already or hereafter
shall become Stockholders in said Company, being Citi-
zens of the United States, be, and hereby are, incorpo-
rated into a Company, or Body Politic by the name of corporate
The Union 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 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 hereafter mentioned.

Sec. 2. Be it further enacted. That the Capital Stock vaiue and num.
of said Company, exclusive of premium notes, or profits
arising from said business, shall consist of Two hundred
and fifty thousand dollars, and shall be divided into Two
thousand five hundred Shares ; of which capital Stock
twenty thousand dollars only shall be invested in real
estate.

634

Acts, 1803. — Chapter 92.

Directors to be
chosen.

Stockholders
may vote by
proxy.

A president
to be chosen.

Board to trans-
act business.

Sec. 3. Be it further enacted. That the Stock, prop-
erty, aft'airs- and concerns of said Company shall be man-
aged and conducted by nine Directors, one of whom shall
be the President thereof, who shall hold their offices for
one year, and until others shall be chosen, and no longer ;
which Directors shall, at the time of their election, be
Stockholders, and Citizens of this Commonwealth ; and
shall be elected on the second Monday of April in each
and every year, at such time of the day, and at such
place in the town of Salem, as a majority of the Directors
for the time being shall appoint ; of which election public
notice shall be given in 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 elec-
tion shall be holden under the inspection of three Stock-
holders, 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
ten votes ; and the Stockholders not present may vote by
proxy, under such regulations as the said Company shall
prescribe : And if through any unavoidable accident,
the said Directors should not be chosen on the [the] second
Monday of April as aforesaid, it shall be lawful to choose
them on another day in the manner herein prescribed.

Sec. 4. Be it further enacted. That the Directors so
chosen shall meet as soon as may be after every election,
and shall choose out of their body one person to be Pres-
ident, 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 of the President or
any directors to serve, 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 and President.

Sec. 5. Be it further enacted. That the President and
four of the Directors, or five of the Directors in the ab-
sence of the President, shall be a board competent 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

Acts, 1803. — Chapter 92. 635

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
conduct of the several Officers, Clerks and servants em-
ployed, and the election of Directors, and all such mat-
ters as appertain to the business of Insurance ; and shall ^erks'^to'^be ap-*^
also have power to appoint a Secretary, and so many pointed,
clerks and servants for carrying on the said business, and
with such salaries and allowances to them and to the Pres-
ident, as to the said board shall seem meet : Provided,
that such by-laws, rules & regulations shall not be repug-
nant to the Constitution and Laws of this Commonwealth.

Sec. 6. Be it further enacted, That there shall be Meetings of
stated meetings of the Directors at least once in every power°8"&c. "^"^
month, and as often within each month as the President
and board of Directors shall deem proper ; and the Pres-
ident 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 Direc-
tors, or the Committee aforesaid, at and during the })leas-
ure of said board, shall have power and authority, on
behalf of the Company, to make Insurance upon Vessels,
freight, money, goods and eftects, and against 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 premium 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 al)sence, by any two of the
Directors, and countersigned by the Secretary, and shall
be binding & obligatory upon the said Company, and have
the like eftect and force as if under the seal of said Com-
pany. And all losses duly arising under any such Poli-
cies so subscribed, may be adjusted and settled by the
President and board of Directors, and the same shall be
binding on the Company.

Sec. 7. Be it further enacted. That it shall be the semiannual
duty of the Directors on the second monday of March & be^made*
September 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 api)ear ad-
visable ; but the monies received, and notes taken for
premiums on risks which shall be undetermined and out-
standing at the time of making such dividends, shall not

636

Acts, 1803. — Chapter 92.

In case of capi-
tal being dimin-
islied by losBes.

Company not to
be concerned
in trade.

Shares payable
in inBtalments.

Eligibility of
directors.

Shares liable
to attachment
and execution ;
mode pre-
scribed.

be considered as part of the profits of the Company ; and
in case of any loss or losses, whereby the Capital Stock of
the Company, shall be lessened each proprietor's or Stock-
holder's estate shall he held accountable for the installment
that may be due and unpaid 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 sura equal to
such diminution shall have been added to the Capital ; and
that once in every year, and oftener if required by a ma-
jority of the Votes of the Stockholders, the Directors
shall lay before the Stockholders, at a general meeting,
an exact and particular Statement of the profits, if any
there be, after deducting losses and dividends.

Sec. 8. Be it further enacted y 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
within Six months after being collected at each install-
ment 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 any incorporated bank
in this Commonwealth, at the discretion of the President
and Directors of said Company, or of other OflScers
which the proprietors shall for such purpose appoint.

Sec. 9. Be it farther enacted, That fifty dollars on
each share in said Company shall be paid within thirty
days after the first meeting of said Company, and the re-
maining sum within one year after said first meeting, in
such equal installments, and under such penalties, as the
said Company shall direct, and no transfer of any share
in said Company shall be permitted, or be valid until all
the installments which shall have been assessed on such
share shall have been paid.

Sec. 10. Be it further enacted, That no person being
a Director of any other Company carrying on the busi-
ness of Marine Insurance, shall be eligible as a Director
of the Company by this Act established.

Sec. 11. Be it further enacted, That the property of
any member of said Company vested in the Stock of said
Company, with the dividend or dividends due thereon,
shall be liable to attachment & execution in favour of any
bona fide Creditor, in manner following, vizt. Whenever
a proper Officer, having a Writ of attachment or execu-

Acts, 1803. — Chapter 92. 637

tion 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, 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
be left with the said Secretary, and such share or shares
may be sold in 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 re-
turn 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
divi[n]dends which shall have accrued thereon after the
taking in execution as aforesaid, or when there shall have
been a previous attachment, after such attachment, not-
withstanding any intervening transfer.

Sec. 12. Be it further enacted, That in case of any Property of di-
loss or losses taking place, that shall be equal to the in certain
amount of the Capital Stock of the said Company, and *'^*®*'
the President and Directors, after knowing of such loss
or losses taking place, shall subscribe to any Policy of
Insurance, their estates jointly and severally, shall be ac-
countable for the amounts of any and every loss, that shall
take place under Policies thus subscribed.

Sec. 13. Be it further enacted. That the President ^^^""{J'^jo
and Directors of said Company shall previous to their be published
subscribing to any Policy, and once in every year after, """"^ ^'
publish in one of the Newspapers printed in the town of
Salem, the amount of their Stock, against what risks they
mean to insure, and the largest sum they mean to take on
any one risk: — Provided, That the said President and
Directors shall not be allowed to insure on any one risk,
a larger sum than ten per centum of the amount of the
Capital Stock, actually paid in.

Sec. 14. Be it further enacted. That the President statementof

. .-^ , 11' auairs to be

and Directors of said Company shall when and as often madetoiegia-
as required by the Legislature of this Commonwealth, req'Jire^.
lay before them a Statement of the affairs of said Com-

638

Acts, 1803. — Chapter 93.

First meeting.

pany, and submit to an examination concerning the same,
under oath.

Sec. 15. Be it further enacted. That Jonathan Mason,
Jonathan Neal and Joshua Ward, or any two of them,
are hereby authorised to call a meeting of the members
of said Company, as soon as may be, in Salem, by adver-
tising the same for two successive weeks in the Salem
Register, for the purpose of their electing a first board
of Directors, who shall continue in office until the second
Monday of April One thousand eight hundred and five.

Approved February 29, 1804.

Court to be
hield in May.

BuBiness trans-
ferred to the
new term.

1803. — Chapter 93.

[January BesBion, ch. 26.]

AN ACT TO ALTER ONE OF THE TERMS OF THE COURT OF
COMMON PLEAS, AND GENERAL SESSIONS OF THE PEACE
IN THE COUNTY OF DUKES COUNTY.

Section 1 . Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, That the Court of General Ses-
sions of the Peace, and Court of Common Pleas, now by
law appointed to be holden annually at Edgartown, within
and for the County of Dukes County, on the third tuesday
of April, shall, in future, be annually holden at the same
place, on the third tuesday of May, any law to the con-
trary notwithstanding.

Section 2. And be it further enacted, That all actions,
suits, writs, processes, precepts, appeals, recognizances,
and all matters whatsoever, already commenced, sued out,
or pending in said Courts, or that hereafter may be com-
menced, sued out, or returnable to either of the Courts
aforesaid on the third tuesday of April ; and all Actions,
suits, processes, recognizances, and prosecutions of every
kind, now pending, or that may be pending, before either
of the Courts aforesaid, which before the passing of this
Act, were to have been holden on the said third tuesday
of April, shall be returnable to, entered, made, pro-
ceeded upon, prosecuted, and determined, agreeably to
the true intent of such Actions, writs, suits, processes,
appeals, recognizances, and prosecutions, before the said
Court, to be holden by virtue of this Act, at said Edgar-
town, on the said third tuesday of May.

Approved February 29, 1804.

Acts, 1803. — Chapter 94. 639

1803. — Chapter 94.

[January SesBion, ch. 27.]

AN ACT MAKING FURTHER PROVISION IN THE JUDICIAL DE-
PARTMENT.

Sect. 1. Be it enacted by the Senate and House of
Representatives , in General Court assembled^ and by the
authority of the saine, That from and after the passing of ^^^^^^^
this Act the Supreme Judicial Court of this Common-
wealth shall consist of one Chief Justice and of four
other Justices, and no more.

Sect. 2d. Be it further enacted^ by the authority
aforesaid, that from and after the passing of this Act, the Times of annual
Supreme Judicial Court shall be holden, annually, at Bos- ^^*"''°*'
ton, in the County of Suffolk, for the Counties of Suffolk
and Nantucket, on the second Tuesday of March ; at
Lenox, in and for the County of Berkshire, on the sec-
ond tuesday of September ; at Northampton, in and for
the County of Hampshire, on the third tuesday of Sep-
tember ; at Worcester, in & for the County of Worcester,
on the fourth tuesday of September; at Dedhara, in and
for the County of Norfolk, on the first tuesday of Octo-
ber ; at Taunton, in and for the County of Bristol, on the
second tuesday of October ; at Plymouth, in and for the
County of Plymouth, on the third tuesday of October ;
at Barnstable, in the County of Barnstable, for the
Counties of Barnstable and Dukes County, on the fourth
tuesday of October : at Cambridge, in and for the County
of Middlesex, on the first tuesday of November ; at Sa-
lem, in and for the County of Essex, on the third tuesday
of November ; at York in and for the County of York, on
the second tuesday of May ; at Portland, in and for the
County of Cumberland, on the fourth tuesday of May;
at Augusta, in & for the County of Kennebec, on the sec-
ond tuesday, next after the fourth tuesday in May ; at
Wiscasset, in <fe for the County of Lincoln, on the fourth
tuesday next after the fourth tuesday in May ; at Castine,
in the County of Hancock, for the Counties of Hancock
& Washington, on the sixth tuesday next after the fourth
tuesday in May ; by all the Justices of said Supreme Ju-
dicial Court ; and it shall be the duty of all the Justices
of said Court, to attend at the terms aforesaid ; but any
four of the said Justices may constitute a Quorum for

640

Acts, 1803. — Chapter 94.

Three Justices
may hold the
courts in cer-
tain cases.

Sessions of
courts which
may be holden
by one or
more Justices.

All writs, &c.
to be returned
at the new
terms.

holding the same and discharging all the duties thereof,
and if, by reason of sickness or other personal disability,
two of the said five Justices shall be unable to attend at
any of said terms, that, in such case, three of said Jus-
tices may constitute a Quorum for holding the same and
discharo-ino; all the duties thereof.

Sect. 3d. Arid be it enacted^ by the authority afore-
said, that from and after the passing of this act, the
Supreme Judicial Court shall be holden, annually, at
Boston, in the County of Suft'olk, for the Counties of Suf-
folk and Nantucket, on the third tuesday of August ; at
Dedham, in and for the County of Norfolk, on the first
tuesday of March ; at Concord, in and for the County of
Middlesex, on the second tuesday of April ; at Ipswich,
in and for the County of Essex, on the fourth tuesday of
April ; at Worcester, in and for the County of Worces-
ter, on the third tuesday of April ; at Northampton, in
and for the County of Hampshire, on the fourth tues-
day of April ; at Lenox, in and for the County of Berk-
shire, on the first Tuesday next after the fourth tuesday
of April ; at Alfred, in and for the County of York, on
the second tuesday of December ; at Portland, in and for
the County of Cuml)erland, on the third tuesday of De-
ceml)er ; at Augusta, in and for the County of Kennebec,
on the fourth tuesday of December ; at Wiscasset, in and
for the County of Lincoln, on the first tuesday next after
the fourth tuesday of December ; by any two or more of
the Justices of the said Court ; but any one of said Jus-
tices may hold the said Courts, and discharge all the
duties which the said two Justices may perform, except
as hereinafter provided : provided nevertheless, that the
tuesday of the month in which said Courts are respec-
tively to be holden, at the said several times and places,
may, in all judicial proceedings, from time to time, be
expressed and designated by such tuesday of the month
as will be the tuesday on which the said Court is to be
holden pursuant to the foregoing arangements.

Sect. 4. And be it further enacted, that all writs,
recognizances. Warrants, Complaints and every other
matter and thing, that should, after the passing of this
Act, be returned to, or entered at the Court aforesaid, at
the times and places heretofore appointed ; and all parteis
and persons that may be required or directed to appear
and attend, after that time, at the aforesaid times and

Acts, 1803. — Chapter 94. 641

places, and all actions, suits, and matters that may be
pending in the same Court on the day of the passing of
this Act, shall be returned to, entered, appear and attend,
have day, be tried and determined in the said Court, at
the respective times and places established by this Act,
pursuant to the true intent and meaning thereof.

Sect. 5. And be it fiu'ther enacted, that whenever Exceptions to
said Court shall be holden by any two or one of the Jus- may be"?-" '''
tices thereof, it shall be lawful for any party, thinking '''^'''^•
himself aggreived by any opinion, direction or Judgment
of the said Justices or either of them, in any action or
process of a Civil nature, to alledge exceptions to the
same, at the term of said Court when such opinion, direc-
tion or Judgment shall be given or pronounced ; and such
exceptions being reduced to writing, in a summary mode,
and presented to the Court before the adjournment thereof
without day, and found conformable to the truth of the
case, shall be allowed and signed by the presiding Justice
of the said Court, and thereupon all such actions or proc-
ess, in or upon which Judgment shall not have been ren-
dered at the time of allowing such exceptions, shall be
continued to the next term of the said Court in the same
County, to be holded pursuant to the second section of
this act, subject to the provision herein after contained,
and such actions or process wherein exceptions shall be
alledged to the final Judgment of Court thereon, shall
likewise be continued in the same manner, and execution
thereon shall be stayed, but without prejudice to any at-
tachment, made on the original writ in any civil action :
provided hoioever, that no trial by Jury shall be delayed Proviso.
or prevented, by the making or filing of exceptions to the
opinion or judgment of the Court, upon any dilatory
plea, or upon any question of law arising during the trial ;
and whenever it shall appear to the Court that the excep-
tions made, in the trial of any civil cause, are frivolous,
immaterial or intended for delay, Judgment may be en-
tered and execution awarded or stayed on such conditions
as the Court may deem reasonable, notwithstanding the
allowance of the proceedings ; and the Courts to which
actions may be continued upon exceptions filed and al-
lowed, shall have cognizance thereof, and do therein what
to law and Justice shall appertain.

Sect. 6. And be it further enacted, that all Indict- indictments
ments found for any Capital offence, and all motions and fenc'e's^ motions

642

Acts, 1803. — Chapter 95.

for new trials, petitions foi* HGW trials, & all appeals from Judgments
tinuedincer- ov deci'ees of Judges of Pi'obate, depending before the
tain cases. ^^j^^ ^^^^^ ^^ 1^^ hoiden in Virtue of the third Section of
this act, shall be continued of course, unless three of said
Justices shall be present, and that all other Indictments,
informations or proceedings of a Criminal nature may be
heard, tried and Judgment thereon rendered, at those
terms of said Court to be hoiden in Virtue of the third
Section of this Act, whenever any two or more of said
Justices shall be present, otherwise such Indictments, in-
formations and proceedings shall, of course, be continued.
J^'s^plcung iioid- Sect. 7. And be it further enacted, that it shall be
ing the Courts, the duty of the Justices of said Court from time to time
to make such arrangements for holding said Court, pur-
suant to the third Section of this act, as will insure as
far as may be the attendance of two of said Justices in
rotation, unless prevented by sickness or accident, and
give oppertunity to transact all the business, at the sev-
eral times & places at which said Court is to be hoiden
pursuant to said third Section.

Sect. 8. Be it further enacted, That this act shall
continue and be in force for the term of three years from
the passing thereof, & no longer.

Approved February 29, 1804.

Limitation of
the act.

Persons incor-
porated.

Corporate
name.

1803. — Chapter 95.

[January Session, ch. 29.]

AN ACT TO ESTABLISH THE PETERSHAM AND MONSON TURN-
PIKE 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 James Humphrey, Oliver
Chapin, James Calhoon, Aaron Merick, Joseph Kendrick,
Justin Ketchum, Oliver Harris, Aaron Johnson, Solomon
Strong, John Humphrey, William Bigelow, Roger West,
John Patrick, Thomas Patrick, Abijah Powers, John
Shaw, William Bowdoin, Joel Norcross, John King and
Thomas Powers, together with such others as shall asso-
ciate with them, and their successors and assigns shall be
a Corporation, by the name and stile of The Petersham
and Monson Turnpike Corporation — with all the powers
and privileges usually given and incident to similar Cor-
porations for making Turnpike Roads, for the purpose of

Acts, 1803. — Chapter 95. 643

making and keeping in repair a Turnpike road from the
fifth Turnpike in Athol through the towns of Athol,
Petersham, Dana, Greenwich, Ware, Palmer and Mon-
son, to connect with the turnpike in Staflbrd, in the most
convenient direction through said towns : And the said course of the
turnpike road shall not be less than four rods wide, and eions, &c.
the part to be travelled on not less than twenty feet wide,
in any part thereof; and when the said road shall be suf-
ficiently made, and shall be so allowed and approved of
by the Committee hereafter named for laying out and
locating said road, then the Corporation shall be author-
ised to erect three turnpike gates on said road, in such
places, and in such manner, as shall be directed by said
Committee — Pi'ovided, that no turnpike gate be erected
or any toll demanded, on any part of the present travelled
road, and the said gates not to be erected less than ten
miles distant from each other.

Sec. 2. And be it further enacted. That the said Cor- committee to
poration may purchase and hold lands over which they road."'
may make said road ; and the Honorable Thomas Hale,
Zabina Montague and John Cutler Esqrs., are hereby ap-
pointed and authorised, on application of said Corpora-
tion to locate and lay out said road or any part thereof,
in such direction as they or a majority of them shall think
most convenient and proper ; and the said Corporation corporation to
shall be liable to pay all damages which may arise to any damages wLre
individual b}'^ taking his land for such road, where the wuhdut'agree-
same cannot be obtained by voluntary agreement, to be ^^J*'-
estimated by the Committee aforesaid, 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 : Provided, that in
all cases where the Jury determine an excess of damages,
the expence shall be paid by the Corporation.

Sec. 3. And he it further enacted. That it shall be ToUestab-
lawfull for the said Corporation to demand & receive of "*''^*^"
each person, traveller, or passenger the following rates of
Toll at each gate, vizt. for every Coach, Chariot, Phaeton
or other four wheeled carriage, drawn by two horses,
twenty 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 ten Cents,
and if drawn by more than two Oxen or horses the addi-
tional sum of three Cents for each additional ox or horse ;

644 Acts, 1803. — Chapter 95.

for every Curricle fifteen Cents ; for every Chaise Chair
or Carriage drawn by one horse ten Cents ; for every man
and horse four Cents ; for every Sled or Sleigh drawn by
two Oxen or horses eight Cents, and if drawn by more
than two, the 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 eight Cents by the dozen,
and in that proportion for a greater or less number ;
and for all sheep or swine at the rate of three Cents
by the dozen, and for a greater or lesser number the
The rate of toll samc sum in proportion ; Provided however^ that the said
muted! *'°'° Corporation may, if they see cause commute the rate of
toll with any persons or Corporations, by taking of them
a certain sum annually to be mutually agreed on, in lieu
of the toll aforesaid — And Provided also, that not more
than half the rate of Toll before mentioned shall be de-
manded for any Cart or Waggon the fellies of the Wheels
of which shall be not less than six inches broad, and that
the General Court may hereafter otherwise regulate the
tolls on Carts and Waggons according to the width of the
fellies of the wheels on which they shall run and the bur-
sjgnboard to be then they shall carry — And the said Corporation shall, at
each place where the toll shall be collected, erect in some
conspicuous place, and constantly keep exposed to view,
a sign or board with the rate of toll of all the tollable
articles fairly written thereon in large or capital letters.
i^ludDg road, Sec. 4. And be it further enacted. That if any person
inglates^oT ^^^11 cut, break down or otherwise injure or destroy,
evading toll. either of the said turnpike gates, or shall dig up, or carry
away any earth from the said road, or in any other man-
ner injure the same, or shall forcibly pass or attempt to
pass the said gates by force, with intent to avoid the pay-
ment of the legal toll at such gate, such person shall for-
feit and pay a fine not exceeding ten dollars, nor less
than five dollars, to be recovered by the Treasurer of the
Corporation, in an Action of trespass, and if any person
with his team Cattle or horse, turn out of the said road,
to pass the said Turnpike gate, and again enter on said
road, with intent to evade the toll due by virtue of this
Act, such person shall forfeit and pay two dollars, to be
recovered by the Corporation to the use of the same, in
an action on the case. Provided however, that nothing in
this Act shall extend to entitle the said Corporation to

Acts, 1803. — Chapter 95. 645

demand or receive toll of any person who shall be pass-
ing on foot, or with his horse or Carriage to or from pub-
lic 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 passing on Mil-
itary duty, or from any person passing on any part of
said Turnpike road that may be made on any road now
travelled.

Sec. 5. And be it further enacted. That if the said f^*"^^"/^^.
Corporation or their Tollgatherer, or others in their em- eiiersandfor
ploy, shall unreasonably delay, or hinder any traveller or ®^*'®*"^® **
passenger, or shall demand or receive 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 recovered before any Justice of the Peace
of the County where the offence is committed, by any
person injured, delayed or defrauded, in a Special Action
on the Case ; the Writ in which case shall be served on
the Corporation by leaving a Copy of the same with the
Treasurer or with some other member of the Corporation
living in the County where the offence is committed, at
least seven days before the day of trial, and the said
Treasurer or other member with whom the said Copy
shall be left, shall be allowed to defend the same suit in
behalf of the said Corporation, and the Corporation shall {^"brfor dam-
be liable to pay all damao;es which may happen to any per- ages arising

o •/li^ »/i^ from defects in

son from whom the toll is demandable, which shall arise bridges, etc.
from defect of bridges, or want of repairs in the said
road ; and shall also be liable to presentment by the
Grand Jury for not keeping 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 Common pleas within
and for the County wherein the same may lie, or the
major part of them, or a Committee to be appointed by
said Justices for that purpose, are hereby authorised 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 badness of said road, at least ten days pre-
vious to their ordering them to be set open ; and imme-
diately upon such order in writing under the hands of
said Justices, or their Committee being left with the
Clerk of the Corporation, the said gate or gates shall be

646

Acts, 1803. — Chapter 95.

Shares to be
considered per-
sonal estate ;
mode of trans-
fer and attach-
ment pre-
scribed.

Statement of
cost of road and
annual returns
to be exhibited.

Shares of de-
linquents may
be sold.

opened, and no toll shall be demandable or taken thereat,
iintill the said Justices or their Committee shall order.

Sec. 6. And be it furlher enacted^ That the shares in
said Turnpike shall be taken and deemed to be personal
Estate to all intents and purposes, and shall and may be
transferable, and the mode of transfering the said shares,
shall be by deed acknowledged before any Justice of the
Peace & 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 said Writ of at-
tachment or Execution, shall at the time of the Attach-
ment 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 makiog sale of personal property on execu-
tion, 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 the said Corpora-
tion, within fourteen days, after said sale, and paying for
the recording of the same, shall be deemed and consid-
ered, as a sufficient transfer of such share or shares in the
said Turnpike road.

Sec. 7. And he it further enacted. That the said Cor-
poration, shall within six months after the said road 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 dividend arising from 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 inspec-
tion of the Governor & Council when called for.

Sec. 8. ^n[cZ] he 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-
tion, to their Treasurer within sixty 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 the said Taxes and
necessary incidental charges, after having given public

Acts, 1803. — CnArTER 95. 647

notice of such sale in one of the news papers printed at
Worcester and Northampton, 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 suffi-
cient 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 said Corpo-
ration, the name of such purchaser, with the number of
shares so sold, shall be by the Clerk entered on the books
of 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 shares were so sold.

Sec. 9. And be it enacted, That the General Court corporation
may disolve the said Corporation whenever it shall appear ^?ve/when
to their satisfaction that the income arising from the said wUMnter^e'it.
toll shall have fully compensated the said Corporation for
all monies they may have expended in purchasing, repair-
ing and taking care of the said road, together with an in-
terest thereon at the rate of twelve per Cent by the year ;
and thereupon the property of the said road shall be
vested in the Commonwealth ; and be at the disposal of
the Legislature thereof. Provided however. That if the
said Corporation shall neglect to complete the said road
for the space of three years from the passing of this Act,
the same shall be void \and'\ of no eflect.

Sec. 10. And he it further enacted. That Thomas First meeting.
Powers, Asaph Newcomb and Roger West are hereby
authorised to call the first meeting of the said Corpora-
tion, at such time and place as they shall think most
proper & convenient, for the purpose of Choosing a Clerk,
who shall be sworn to the faithful discharoe of the duties
of his said Office, and such other Officers as may then l)e
agreed on by said Corporation ; and the said Corporation
may at the same time establish such rules & regulations
as shall be judged necessary for the well ordering of its
affairs ; and also upon a method for calling future meet-
ings— Provided, that such rules and regulations shall in
no case be repugnant to the Constitution and laws of this
Commonwealth. Approved February 29, 1804.

648

Acts, 1803. — Chapter 96.

Persons incor-
porated.

Corporate
name.

E. Root, Esq.
to issue war-
rant.

1803. —Chapter 96.

[January Session, ch. 30.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWNS OF PITTSFIELD, HANCOCK, DALTON, AND
WASHINGTON, IN THE COUNTY OF BERKSHIRE, INTO A
RELIGIOUS SOCIETY, BY THE NAME OF THE METHODIST
RELIGIOUS SOCIETY, IN PITTSFIELD, HANCOCK, DALTON, &
WASHINGTON.

Sect. 1. Be it enacted by the Senate and House of
Representatives, iri General Court assembled, and by the
authority of the same, that Gideon Allen, Loyal W.
Allen, David Ashley junr., Allen Barnes, Solomon Clark,
John Clark, Seth Coe, John Dighton, Oliver Fuller, Ira
Gay lord, Robert Green, Leonard Goflf, Enoch Hubbard,
Elisha Hubbard, Zadock Hubbard, Thomas Hubbard,
Malcom Henry, Nathaniel Kellogg junr., Joshua Luce,
Richard Osborn, William Pomroy, William Roberts, Ed-
ward Roberts Senr., Edward Roberts junr., Aaron Rob-
erts, Aaron Root, Anna Smith, Samuel Stanton, Nicholas
Stanton, Eliphalet Stevens, Jonathan Stow, Lebbeus
Webb, Nathan Webb, Nathan Webb jun., John Ward,
Joshua Whitney, Joseph Wood, & Josiah Wright, mem-
bers of the said religious society, with their families and
estates, be & they are hereby incorporated by the name
of The Methodist Religious Society, in Pittsfield, Han-
cock, Dalton, & Washington, with all the powers, privi-
ledges, and immunities to which Parishes are intitled, by
the constitution and Laws of this Commonwealth, pro-
vided however, that all such persons shall be holden to
pay their proportion of monies assessed in the town or
parish, to which they respectively belonged, previous to
that time.

Sect. 2. And be it further enacted, that Eli Root, Es-
quire, be, and he is hereby authorized to issue a warrant,
directed to some suitable member of said Methodist So-
ciety, 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 Par-
ishes in this Commonwealth, are by law empowered to
choose in the month of March or April annually.

Afyproved March 1, 1804.

Acts, 1803. — Chapter 97. 649

1803. — Chapter 97.

[January Session, ch. 31.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF THE TOWNS OF GORHAM AND STANDISH, IN THE COUNTY
OF CUMBERLAND, AND THE TOWN OF BUXTON IN THE
COUNTY OF YORK, INTO A DISTINCT AND SEPERATE RE-
LIGIOUS SOCIETY, BY THE NAME OF THE METHODIST SO-
CIETY, IN GORHAM, BUXTON AND STANDISH.

Sec 1st. Be it enacted hy the Senate <& House of
Representatives in General Court assembled, and by the
A.uthority of the same. That Hugh Moore Jonathan Persons incor-
Moore, James Waterhouse, James Cochran, Josiah Payne, ^"^
Thomas Irish, James Davis, Daniel Hill, Ebenezer Lom-
bard, Isaac York, Amos Thombs, Samuel Files, Moses
Fogg, Josiah Berry, James Lewis, Richard Lombard,
Nathaniel Bracket, Elkanah Harding, Abraham Webb,
John Whitmore, Lot Nason, Uriah Nason, Simeon
Libby, Samuel Dennet, Philip Ayer, Richard Lamb,
Thomas Thombs, Daniel Kimball, Sylvanus Bangs, Dan-
iel Lowell, Richard Willis, Joseph Bryant, Timothy
Ayer, Stephen Hopkinson, John Whitney, John McGill,
Joshua Moody, Asa Whitney, and Colman Phinney, mem-
bers of said Religious Society with their families and es-
tates be, and hereby are Incorporated into a Religious
Society, by the name of the Methodist Society, in Gor- corporate
ham, Buxton & Standish, with all the powers, privileges
& immunities to which other Parishes in this Common-
wealth are by law intitled — Provided however that the
Persons set off as aforesaid, shall be held to pay their
proportion of all monies Assessed in each of said towns,
for parochiel purposes previous to the pass[a]ing of this
Act.

Sec 2d. And be it further enacted, by tJie authority justice to iBnue
aforesaid, that any Justice of the Peace in the County of ^'^'■'■''»"'-
York, be, and is hereby authorised and impowered to is-
sue his warrant, directed to some suitable Member of said
Society to meet at such time & place as shall be appointed
in said Warrant, to Chuse all such officers as Parishes in
this Commonwealth, are by law intitled to choose in the
months of March or April Annually.

Approved March 1, 1S04.

650

Acts, 1803. — Chapter 98.

Persons incor-
porated.

Corporate
name.

Committee to
lay out the
road.

Corporation
may purchase
and hold land,

1803. —Chapter 98.

[January Session, ch. 32.]

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF
THE UNION TURNPIKE CORPORATION.

Sec. 1st. Be it enacted hy the Senate and House of
Representatives in General Court assembled and hy the
Authority of the same That Henry Bromfield, Metaphor
Chase, William Nichols, Benjamin Kimball, Leonard Far-
well, Oliver Taylor John L. Tuttle, Joel Hosmer, Jonas
Lee, Flint Davis, John Egarton, Ivory Longley, John
Kelsey, Thomas Parker, Abraham Peirce, Josiah Hart-
well, Luke Joslyn, Abel Phelps, Enoch Kendall and
Samuel Chase and such other persons as shall associate
with them their successors and assigns, shall be and they
hereby are made a Corporation by the name of the Union
Turnpike Corporation, and by that name shall be and
hereby are 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 in execution, such rules regulations and
bye laws as to them shall appear necessary and conven-
ient for the government of said Corporation and the pru-
dent management of their Affairs, for the purpose of
making and keeping in repair a Turnpike road from
where the Cambridge and Concord Turnpike road termi-
nates in Concord, in the most convenient and direct rout
to the place where the fifth Massachusetts Turnpike road
terminates in Leominster — Provided such rules regula-
tions and bye laws shall not be repugnant to the Consti-
tution and Laws of this Commonwealth and that said
Corporation shall always be subject to the rules regula-
tions limitations and restrictions herein after provided —
and Hugh McLellan Esqr., of Colerain, Isaac Gregory
Esquire of Royalston and William Hildreth Esqr. of
Dracut are hereby constituted and appointed a Committee
to locate and establish the same, which locating Commit-
tee shall assign the places on said road where the Gates
shall be erected.

Sec 2d. Be it further enacted that said Corporation
may purchase and hold any land over which said road

Acts, 1803. — Chapter 98. 651

shall be located and the Justices of the Courts of Gen- fofdtmlglf'^''
eral Sessions of the Peace of the several Counties thro' j^'aken^ without
which said road shall pass are hereby authorised on appli- agreement.
cation from said Corporation to lay out said road or any
part thereof within their respective jurisdictions in the
same rout where said Committee shall locate and estab-
lish the same and said Corporation shall be holden to pay
all damages which may arise to any person by taking his
or her land for such road where the same cannot be ob-
tained by mutual agreement, to be estimated by a Com-
mittee appointed by said Court in the county where such
damages shall arise, upon application of the party who
may sustain such damage, for that purpose ; saving to
either party the right of having the damage estimated by
a jury according to the law which makes provision for the
recovery of damages arising from laying out public high-
ways— Provided that whenever an excess of damages
shall be assessed the expences shall be paid by said Cor-
poration.

Sec. 3d. Be it further enacted that said Turnpike width of the
Koad shall be laid out of sufficient width in every part '^°*^' ^*°'
thereof for the accommodation of the public not less in
any part thereof than four rods wide, and the path for
travelling shall be made by aaid Corporation not less than
twenty four feet wide in any place, and when said Turn-
pike Road shall be sufficiently made and so approved and
accepted by a Committee appointed by the Court of Gen-
eral sessions of the peace in the several Counties thro'
which said road shall pass, each Committee to accept that
part of said road which shall be within their own County ;
then said Corporation may, and are hereby authorised to
erect two Turnpike gates on said road in such manner and
place as the said Committee shall judge necessary and
convenient for collecting the toll, so that said gates be
not erected on any old travelled Road, and shall be enti-
tled to receive of each traveller or passenger at each of
said gates the following rates of toll Vizt. for every Rates of ton.
Coach, Chariot Phaeton or other four wheel carri[rt]ge for
the conveyance of persons, drawn by two horses twenty
five cents, and for each additional horse three cents ; for
every Curricle twenty Cents ; for every Chaise Chair
Sulky or other two wheel carriage for the conveyance
of persons twelve and an half cents ; for every waggon or
cart drawn by two oxen or horses twelve and an half

652 Acts, 1803. — Chapter 98.

cents and for every additional horse or ox three Cents ;
for every Cart or other wheel carriage drawn by one
horse eight Cents ; for every sled or sleigh drawn by two
Oxen or horses ten Cents ; and for every additional Horse
or Ox two Cents ; for every Sled or Sleigh drawn by one
horse six Cents ; for every man and horse six Cents, for
every horse, mule, or Ass led or driven besides those in
teams and carriages, three cents each ; for every Ox be-
sides those in teams and other neat cattle one cent each ;
for all sheep or swine three Cents by the dozen and in
that proportion for a greater or less number, Provided
that nothing in this Act shall extend to entitle said Cor-
poration to demand or receive toll of any person who
shall be passing with his horse or carriage to or from his
usual place of Public Worship, or with his horse team or
cattle to or from his common labor on his farm, or to
or from any grist mill, or on the common or ordinary
bussiness of family concerns within the same town in
which he lives or resides, or from any person passing on
Eh "feufer*' Military duty — Provided also that not more than half
of wheels. ^hc toU bcforc mentioned shall be paid for any Cart or
Waggon the fellies of the Wheels of which shall be not
less than six inches broad and that the General Court may
hereafter regulate the toll onX!arts and Waggons accord-
ing to the width of the fellies of the Wheels on which
they shall run and the Burthens they shall carry.
Penalty for de- ^Y.G. 4th. Be it further enacted that, if said Corpo-
eiiers and for ration or their tollgatherer or others by them employed
shall unreasonably delay or hinder any traveller or pas-
senger 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 in the County where such injury shall happen by
any person so injured or defrauded in a special action on
the case, the writ in which shall be served on said Cor-
poration by leaving an attested Copy of the same with
the Treasurer or Clerk of said Corporation at least seven
days before the trial, and the Treasurer or Clerk of said
Corporation or any individual member shall be allowed to
be^ifabiS '° defend the same suit in behalf of said Corporation, and
damages arising the sald Corporation shall be liable to pay all damages
bridges, etc. that shall happen to any person from whom toll is de-
mandable, which shall arise from defect of bridges or

AcTS,^1803. — Chapter 98. 653

want of repairs on said road ; and shall also be liable to
be presented by the Grand Jury for not keeping the same
in good repair.

Sec. 5th. Be it further enacted that if any person Penalties for
shall cut or break down or otherwise destroy or injure foiciwf pass-'
said gate or gates or shall dig up or carry away any earth evllingtou'!
or other materials from said road or shall place or leave
any obstruction in said road or in any other manner
unreasonably damage the same, or shall forcebly pass, or
attempt to pass by force said gate or gates without first
having paid the legal toll, such person shall forfeit and
pay a fine not exceeding fifty dollars nor less than five
dollars to be recovered by the Treasurer of said Corpora-
tion to their use in an action of trespass, if any person
with a carriage team horses cattle or other tollable arti-
cles shall turn out of said road to pass the turnpike gate
or gates aforesaid and again enter on said road, with an
intent to avoid the toll established by this Act, such per-
son shall forfeit and pay a sum not exceeding ten dollars
nor less than two dollars to be recovered by the Treas-
urer of this Corporation for their use in an action of tres-
pass on the Case — Provided that no person shall be liable
to pay damage as aforesaid for travelling on the present
road, notwithstanding some part of the same road may be
taken for the Turnpike road aforesaid. And if the said
Turnpike 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 of them, or a Committee by them ap-
pointed for that purpose in the County where such want
of repairs shall be, may upon complaint being made to
them in writing, cause the Clerk or Treasurer of said Cor-
poration or any principal member thereof to be served,
with a written notification thereof at least seven days
before the time of hearing, by such Justices or Commit-
tee who may upon such hearing order such gate or gates
to be set open, and no toll demanded or taken thereat
untill said Justices or Committee shall grant liberty
therefor.

Sec. 6th. Be it further enacted that the shares in ^^^H^l^^^^^^^
said Turnpike Road shall be considered as personal estate sonai estate;
to all intents and purposes, and shall be transferable by ™n*d atuchmenT
deed duly acknowledged before any Justice of the peace prescribed.
and recorded by the Clerk of said Corporation in a book
to be kept for that purpose ; and whenever such share

654

Acts, 1803. — Chapter 98.

Shares of de-
linquentB may
be sold.

First meeting.

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 said Clerk
within fourteen days after such sale and paying for re-
cordingr thereof shall be deemed a sufficient transfer of
the same.

Sec. 7th. Be it further enacted that whenever any
proprietor shall neglect or refuse to pay any tax or assess-
ment duly voted and agreed upon by said Corporation to
their Treasurer within sixty days after the time fixed 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 said delinquent proprietor
or proprietors in such manner as said Corporation shall
agree upon, of the sum due on such share or shares and
of the time and place of sale, said notice to be at least
thirty days before the time of sale, and such sale shall
be a sufficient transfer of such share or shares to the per-
son or persons who shall purchase the same ; and on pro-
ducing a certificate from the Treasurer to the Clerk of
said Corporation the name of said purchaser with the num-
ber of shares so purchased shall be by the Clerk entered
on the books of said Corporation and such purchaser
shall be considered to all intents and purposes the Pro-
prietor 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. Sth. Be it further enacted^ that John L. Tuttle,
Metaphor Chase, and John Egarton or a majority of them
be and they hereby are authorised to call a meeting of
said Corporation at such time and place as they may think
proper, by giving notice thereof in the Independent
Chronicle published in Boston, at least ten days previous
to the time appointed for said meeting for the purpose of
choosing a Clerk who shall be sworn to the faithful dis-
charge of his trust and such other officers as shall be then
and there agreed upon by said Corporation for the regu-
lar conducting the concerns thereof, and may also agree

Acts, 1803. — Chapter 98. 655

upon such mode of calling future meetings as they shall
judge proper and each proprietor in said Turnpike road
by himself or his Agent duly authorised in writing shall
have a right to vote in all meetings of said Corporation,
and shall be entitled to as many votes as the said Proprie-
tor has shares in the same ; Provided that no individual
Proprietor shall be entitled in any case to more than ten
votes.

Sec. 9th. ^e i7ywr^Ae?'ewac<ec^ that said Corporation statement of
shall within six months after said road is completed, annual returns
lodge in the office of the Secretary of this Common- '" ^" '^"'^'"'^''•
wealth an account of the expences thereof, and that said
Corporation shall once in three years exhibit to the Gov-
ernor and Council a true account of the income or divi-
dend arising from said toll with the necessary annual
expences of keeping said road in repair ; 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. 10th. Be it further enacted — that said Corpora- The rate of tou
tion be and it hereby is impowered to commute the rate Suted!''"™"
of toll with any person or with the inhabitants of any
town through which said road may pass by taking of him
or them any certain sum annually or for a less time to be
mutually agreed upon in lieu of the toll established in and
by this Act.

Sec. 11th. Be it further enacted that said Corpora- signboard to
tion shall at the places 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 tollable articles, fairly
written thereon in legible characters.

Sec. 12th. Be it further enacted that said Corpora- Money maybe

, T'jii- ^ • ^ • granted to cer-

tion be and it hereby is authorised to grant monies to tain persons.
such persons as have rendered services to the Proprietors
in exploring the rout of said Turnpike road or other-
wise, previous to the Act of incorporation ; and said Cor-
poration is hereby authorised to purchase and hold other
real estate adjacent to, and for the accomodation of the
said road, to the amount of fifteen thousand dollars.

Sec. 13th. Be it further enacted that the General S^/Se^du"
Court may disolve said Corporation whenever it shall ap- indemnYg^'eT
pear to their satisfaction that the income arising from the with interest.
toll shall have fully compensated the Proprietors for all

656

Acts, 1803. — Chapter 99.

monies they may have expended in purchasing making
keeping in repair and taking care of said road, together
with an interest of twelve percentum by the year and
thereupon the property of said road shall be vested in
this Commonwealth and be at their disposal — Provided
however, that if said Corporation sliall neglect to com-
plete said Turnpike road for the space of four years from
the date of this Act, the same shall be void and of no
effect.

Sec. 14th. Be it further enacted, That the Gates
which may be erected on the said Turnpike, shall not be
within ten miles of each other.

Approved March 2, 1804.

Persona incor-
porated.

Corporate
name.

President,
clerk, and treas-
urer, to be
elected.

Number of
trustees lim-
ited.

1803. — Chapter 99.

[January Session , ch. 33.]

AN ACT ESTABLISHING A FUND FOR THE SUPPORT OF THE
CONGREGATIONAL MINISTER IN THE TOWN OF WINDHAM,
IN THE COUNTY OF CUMBERLAND, AND APPOINTING TRUS-
TEES FOR THE MANAGEMENT THEREOF.

Sect. 1. Be it enacted hy the Senate and House of
Representatives in General Court assembled and by the
authority of the sa7ne. That Paul Little Esqr,, Doctor
James Paine, Josiah Chute, Thomas Craigue, Abraham
Anderson, Paul Little Junr., and Josiah Webb, be, and
they are hereby constituted a body politic and Corporate,
by the name of " The Trustees of Windham Ministerial
Fund," and they and their successors, sliall be and con-
tinue 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 de-
fend the same to final Judgment and Execution, by the
name aforesaid.

Sect. 2. And he it further enacted. That said Trus-
tees and their successors, shall and may annually elect a
President, and clerk to record the doings and transac-
tions of the Trustees at their meetings, and a Treasurer
to receive and apply the monies hereinafter mentioned,
as hereinafter directed, and any other needful officers for
the better managing of their business.

Sect. 3. And be it further enacted. That the number
of Trustees shall not at any one time, be more than seven,

Acts, 1803. — Chapter 99. 657

nor less than five, any five of their number to constitu[t]e
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,
and also have power to remove any of their number who
may become unfit and incapable from age, infirmity, mis-
conduct or any other cause, of discharging their duty,
and to supply a vacancy so made, by a new choice, from
the Members — of said Congregational Society, and said
Trustees shall annually hold a meeting in March or April,
and as much oftener as may be found necessary, to trans-
act their necessary business, which meetings after the
first, shall be called in such way and manner as the Trus-
tees shall hereafter direct.

Sect. 4. And be it further enacted, That the Clerk of ^^^JrV;°hu
said Corporation who shall be a member thereof, and shall duties pre-

• 1 /r- j^ j^i scnbed.

be sworn in the same manner as town otncers are, to the
faithful performance of the duties of his Office, shall have
the care and custody of all papers and documents belong-
ing to said Trustees, and shall carefully and fairly record
all their Votes and proceedings, in a book kept for that
purpose, and shall certify the same, when thereunto re-
quired, and he shall call meetings when thereto directed
by said Trustees, and do whatever else may be incident to
said Office, and he shall deliver up to his successor in
office, as soon as may be, all the records, papers, and doc-
uments in his hands in good order and condition ; and if
he shall neglect so to do for the space of thirty days next
after such successor shall be duly appointed, he shall for-
feit and pay a fine of fifty dollars, and the further sum of
thirty dollars per month, for such neglect afterwards.

Sect. 5. And be it further enacted, That the Treas- T'-eaBurer to

•/ , ' ^ give bond ;

urer of said Trustees shall be the receiver of all monies wa duties
and effects, due, owing, and coming to them, and may
demand, sue for, and recover the same in their name, un-
less prohibited by them ; and he shall have the care and
custody of all the money and efiects, obligations and se-
curities for the payment of money, and other things, and
all evidences of property belonging to said Trustees, and
be accountable to them therefor, and shall dispose of the
same as they shall order and direct ; and shall render an
account of his doings, together with a fair and regular
statement of the property, and evidences of property in
his hands, whenever they shall require the same to be

658

AoTS, 1803. — Chapter 99.

Fund to be put
at interest, etc.

Trustees to
give deeds.

Trustees not to
be paid from
the fund.

Annual state-
ment to be
made.

done ; and he shall deliver up to his successor in office, as
soon as may be, all the books and papers, property, and
evidences of property, in his hands, in good order and
condition ; and shall give bond to said Trustees and their
successors, with sufficient sureties to be approved by
them, in the penal sum of Five thousand Dollars, condi-
tioned to do and perform all the duties incumbent on him
as their Treasurer, and if he shall fail to deliver up the
same as aforesaid, for the space of thirty days, next after
such successor shall be duly chosen, he shall forfeit and
pay a fine of Fifty dollars, and the further sum of Thirty
dollars per month for such failure or neglect afterwards.

Sect. 6. And be it further enacted ^ That it shall be
the duty of said Trustees to use and improve such fund or
estate, as shall be vested in them by this Act, with care
and vigilance, so as best to promote the design thereof,
and shall always loan upon interest all the money belong-
ing to said Funds, in such sums, and for such term of
time, not exceeding one year, as they shall think proper,
upon the bond or note of the borrower, with a mortgage
of real estate, to three times the value of the sum loaned,
as collaterral security for the repayment of the principal
sum, with interest annually till paid ; and said Trustees
shall annually pay over the interest arising from said
Fund, to the settled Congregational Minister in said town
for his salary ; and so long as said Congregational Society
shall remain without a regular Ordained Minister, the
annual interest aforesaid shall be put out at interest and
secured as aforesaid, to increase the said Fund, until
there be a resettlement of a Minister ; and it shall never
be in the power of said Congregational Society to alien-
ate, or in any-wise alter the Fund aforesaid.

Sect. 7. And he it further enacted. That said Trus-
tees, may alienate by good and sufficient deeds in Law,
any real estate, the title whereof shall be vested in them
hy way of mortgage, or by operation of Law.

Sect. 8. And be it further enacted, That the Trus-
tees, or their Officers, for the services they may perform,
shall be entitled to no compensation out of any monies
arising from the fund aforesaid : But if entitled to any,
shall have and receive the same of said Congregational
Society as may be mutually agreed on.

Sect. 9. And be it further enacted. That said Trus-
tees and their successors, shall exhibit to said Congrega-

Acts, 1803. — Chapters 100, 101. 659

tional Society, at their annual meeting in Marcli or April,
a regular and fair Statement of their doings.

Sect. 10. And be it further enacted, That said Trus- Trustees to be
tees, and each of them, shall be responsible to said eibie.
Congregational Society for their personal negligence or
misconduct, whether they be officers of said Society or
not, and liable to a suit for any loss or damage arising
thereby, the debt or damage recovered in such suit, to be
for the use aforesaid.

Sect. 11. And be it further enacted, That Paul Little First meeting.
Esqr., be, and, he, hereby is authorised and empowered
to fix the time and place for holding the first meeting of
said Trustees, and to notify each Trustee thereof.

Approved March 2, 1804.

1803. — Chapter 100.

[January Session, ch. 34.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR
INCORPORATING CERTAIN PERSONS, FOR THE PURPOSE OF
BUILDING A BRIDGE OVER CHARLES RIVER, FROM THE
WESTERLY PART OF BOSTON TO CAMBRIDGE, AND FOR
EXTENDING THE INTEREST OF THE PROPRIETORS OF
CHARLES RIVER BRIDGE FOR A TERM OF YEARS."

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 lawfull for the Proprietors of
the West Boston Bridge, and they hereby are authorized
and empowered to make the leaves of the draw, directed
by an Act, entitled, " An Act for incorporating certain
persons, for the purpose of building a Bridge over Charles
River, from the Westerly part of Boston to Cambridge,
and for extending the Interest of the Proprietors of
Charles River Bridge for a term of years," to be erected
and kept on said Bridge, twenty-eight feet long, instead
of forty feet : Provided — that the width of said draw,
shall at no time be reduced. Apinoved Marcli 2, 1S04.

1803. — Chapter 101.

[January Session, ch. 35.]

AN ACT TO AUTHORISE THE SALE OF THE LANDS RESERVED
FOR THE USE OF THE MINISTRY, IN THE TOWN OF NEW
GLOCESTER, AND TO APPOINT TRUSTEES TO MANAGE THE
FUNDS, WHICH MAY BE RAISED THEREFROM.

Whereas the Congregational Society, in the toiun of New Preamble.
Glocester, have petitioned for leave to sell the lands in said

660

Acts, 1803. — Chapter 101.

Ministerial
lands to be sold
and a fund
formed.

Trustees ap-
pointed.

Corporate
name.

President, treas-
urer, and
clerk, to be
chosen.

Number of
trustees.

tovjn, which were in the origi\_a]nal grant of the said town^
apiwopj'iated for the siqjport of the Ministry, and to vest
the proceeds of the sale in funds to be appropriated and
applied to 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 the first Congregational So-
ciety, in the town of New Glocester, in tlie County of
Cumberland, be and iiereby are authorised to sell the
lands which were in the original Grant of the said town-
ship, being a sixty third part, reserved for the support of
the Ministry, in the said town, and to invest the proceeds
of the sale of said lands in funds, which shall be exclu-
sively appropriated and applied, to the support of a Min-
ister, in the said first Congregational Society forever.
And the monies arising from the said sale shall be put
out on Interest, and the Interest accruing thereby applied
in the manner herein after directed.

Sec. 2d. And be it further enacted, that Isaac Par-
sons, Nathaniel Coit Allen, and Ezekiel Whitman Esqrs.,
Messieurs Andrew Campbell, Jabez Cushman, Enoch
Fogg, and Isaac Parsons Junr. be, and they are hereby
appointed Trustees, for the prudent care and management
of the said Fund, and for that purpose, shall be a body
corporate and politic, by the name of the Trustees of the
Congregational Fund in New Glocester, and they and
their successors, by the same name, may sue and be sued,
in all actions, real, personal, or mixed, and may prose-
cute and defend the same, to final judgment and execu-
tion, and shall have and keep a common seal, subject to
be changed or altered at their pleasure. And the said
Trustees & their successors, may and shall annually elect
a President, and a Treasurer to receive and apply the
monies herein mentioned, as is hereafter directed, and
also a Clerk to record the doings of the said Trustees,
and for which purpose, a book or books, shall be from
time to time, provided & kept.

Sec. 3d. And be it further enacted, that the number of
said Trustees, shall never, at any one time exceed seven,
nor be less than five, and any five of their number, shall
be a quorum for transacting business, and they shall have
power from time to time, to fill up vacancies, in their
number, which may happen by death, resignation, re-
moval, or otherwise, from the members of the said Con-
gregational Society, and shall also have power to remove

Acts, 1803. — Chapter 101. 661

any of their number, who, through age, infirmity, mis-
conduct, or from any other cause, shall become unfit or
incapable of discharging their duty, and to sup[)ly any
vacancy so made, by a new choice from the Society afore-
said. And the said Trustees shall appoint a day in the Annual meet-
month of April for the annual meeting, and may call
other meetings as often as may be found necessary, to
transact their business, which meetings after the first,
shall be called in such way and manner as the said Trus-
tees shall direct.

Sec. 4th. And be it further enacted, that the said i^nd'an^d treas"
Trustees be, and they are hereby authorised to sell and ^ygd!"^'"^^
convey in fee simple, all the said lands, appropriated for
the use of the Ministry, belonging to the said Congrega-
tional Society, and the Treasurer of the said Corporation,
by the direction of the said Trustees, is hereby authorised,
to make, execute, and acknowledge, a good & sufficient
Deed or Deeds, with the Seal of the said Corporation
affixed thereto, and any deed or deeds so made, shall be
binding on the said Trustees & their successors, and shall
be valid and effectual in Law, to convey the fee simple
from said Society, to the purchaser, to all intents and
purposes whatsoever.

Sec. 5th. And he it further enacted, that the monies Money to be
arising from the sale of the said lands, shall be put at in- ^'" * '"*"■"'* •
terest, as soon as may be, and secured by mortgage on
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, w-hich they shall have
power to do, when ever in their opinion, it will be most
for the Interest of the said Society. And a sum equal to
one half of the Interest arising from the said capital, for
the first year, shall be annually appropriated out of the
same, towards the discharge of the salary of the minister
in the said Congregational Society, and the residue
thereof with the principal, put at interest, whereby to
produce an accumulating fund, and the same shall con-
tinue so accumulating, until the interest annually arising
on the principal, shall be equal to four hundred dollars,
when the Interest shall be annually applied to the dis-
charge of the salary of the said minister.

Sec. 6th. And be it further enacted, that the said ^fPS'I^d''"
fund shall always be held and deemed to be unalienable, of^r^g^ees!""

662

Acts, 1803. — Chapter 101.

Amount of
property al-
lowed to be
held.

Proviso.

Treasurer to
give bond.

In case of in-
come exceeding
minister's
salary.

and shall never be used or applied to any other purpose
than the support of a minister, in the said Congregational
Society. And the said Trustees, their officers, Agents,
Or Attornies, shall never receive any compensation, for
any services performed by virtue of this Act, from any
part of said fund, but if entitled to any, shall receive the
same, by a special grant, voted by the said Society for
such services, or as may be mutually agreed on, by such
persons so employed, and the said Trustees.

Sec. 7th. Arid be it further enacted, that it shall be
lawful for the said society to possess and hold in fee sim-
ple, real or personal estate, to the amount of twenty
thousand dollars, and for that purpose may receive and
hold donations and legacies, by gift, grant, devise, be-
quest or otherwise, monies, public securities, lands, tene-
ments, or other estate, real or personal, which shall be
added to the capital of the fund aforesaid, and shall
always be secured, held, and applied to the sole and ex-
clusive support of the ministry, in the said Congrega-
tional Society, in the same way and manner, and subject
to the same regulations, limitations, and security, as is
provided in the sixth section of this Act. Provided how-
ever that the annual income, arising from the whole accu-
mulated property of the said Congregational Society shall
never exceed Twelve hundred dollars.

Sec. 8th. And be it further enacted, that the said
Treasurer shall give bond to the said Trustees, for the
faithful performance of his duty, and shall be at all times
responsible for the security, and for the true & faithful
application of the monies, which may come into his
hands, conformably to the true intent and spirit of this
act, and for all negligence or misconduct in his office.
And the said Treasurer, and the Trustees, and their suc-
cessors shall exhibit to the said Society at their annual
meeting in the month of April, a fair and regular state-
ment, of all their doings.

Sec. 9th. Arid be it further enacted, that in case the
whole of the annual income & interest should be more
than sufficient to pay the salary of the Minister, for the
time being, agreably to the contract with him, then the
surplus shall be added to the principal, until the Inter-
est and income shall amount to twelve hundred dollars
yearly ; unless said society, at a legal meeting called for
that purpose, shall otherwise appropriate said surplus for

Acts, 1803. — Chapter 102. 663

the payment of other Parish charges, which they are
hereby authorised to do.

Sec. IOtii. A7id be it further enacted, that Pelcg First meetiug.
Chandler junr. Esqr. is hereby authorised to appoint the
time and phice for the first meeting of the said Trustees,
and to notify them accordingly.

Approved March 5, 1804.

1803. — Chapter 103.

[January Session, ch. 36.]

AN ACT FOR INCREASING THE RATES OF TOLL AT THE PA-
TUCKETT CANAL.

Sec. 1st. Be it enacted by the /Senate and House of
Represe7itat{ves in General Court assembled, and by the
Authority of the saine, that from and after the passing of ^g^h^d°" *'**"^'
this Act, the following toll be and hereby is granted to
the Proprietors of the locks and Canals on Merrimack
River, for passing the locks. Canals and Passage-ways at
Wickasic and Patucket Falls, to be received at Patucket,
vizt. — For every thousand feet of Pine Boards, seventy
five cents ; for every thousand feet of two and an half
Inch Pine Plank, two dollars, and other Pine Plank in
proportion thereto ; for every thousand feet of two and
an half inch Oak Plank four dollars, and other Oak Plank
in propor[ta]tion thereto; for every cord of Pine wood,
thirty cents ; for every cord of other wood thirty seven
and an half cents ; for every thousand of Barrel Staves,
seventy five cents ; for every thousand of Hogshead Staves,
one dollar and thirty Cents ; for every thousand of Pipe
Staves, two dollars ; for every ton of Oak Timber, fifty
cents ; for every ton of Pine Timber thirty cents ; for
every boat or other Vessel, at the rate of thirty seven and
an half cents ; for every ton burthen it is capable of con-
veying, whether loaded or not ; for every Mast, at the
rate of twenty-five cents for every inch of the diameter
thereof, at one third of the length from the largest end ;
and for all articles not enumerated in proportion to the
rates aforesaid : Provided nevertheless. That the Kates of
toll aforesaid shall be subject to the direction of the Leg-
islature after the expiration of thirty Years from the pass-
ing of this Act.

Sec. 2d. Be it further enacted by the Authority afore-
said that all Laws heretofore passed regulating the rates Former ton
of toll at the Patucket Canal be and they hereby are '^ °' " •
repealed. Approved March 3, 1804.

Acts, 1803. -- Chapter 103.

Persona incor-
porated.

Corporate
name.

Value and
number of
shares .

Directors.

Mode of elec-
tion.

1803. — Chapter 103.

[January Session, ch. 37.]

AN ACT TO INCORPORATE WALTER FOLGER JUNR., AND
OTHERS INTO A COMPANY, BY THE NAME OF THE NAN-
TUCKET MARINE INSURANCE COMPANY.

Sect. 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 Walter Folger jun.
and others, and all such persons as have already, or shall
become Stockholders in said Company, being Citizens of
the United States, be, and they hereby are Incorporated
into a Company and body politic, by the name of the
Nantucket 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 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 and convey any
estate, real or personal, for the use of said Company, sub-
ject to the restrictions herein after mentioned.

Sect. 2d. And he it further enacted, that a share in
the Capital Stock of said Company shall be One hundred
Dollars and the number of shares shall be one Thousand ;
and if the said number of shares are not already filled.
Subscriptions shall be kept open, under the Inspection of
the President and directors of the said Company, untill
the same shall be filled ; and the whole Capital Stock,
estate or property, which the said Company shall be au-
thorised to hold, shall be one hundred thousand Dollars,
exclusive of Premium Notes or profits arising from their
business, of which Capital Stock or property, not more
than Ten thousand dollars shall be invested in real Estate.

Sect. 3d. And he it further enacted, that the stock
property, affairs and concerns of the said Company shall
be managed and conducted by seven Directors, one of
whom 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
election be Stockholders, and Citizens of this Common-
wealth ; and shall be elected on the second Monday in
January, in each and every Year, at such times of the
day, and at such place in the town of Nantucket, as a

Acts, 1803. — Chapter 103. 665

majority of the Directors, for the time being, shall ap-
point ; of which election, public notice shall be given by
advertising at two of the most pul)]ic places in the Town
of Nantucket for the sjjace of ten days Immediately pre-
ceeding such election ; and such election shall be holden
under the Inspection of three Stockholders, not being di-
rectors, 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, no stock- Proviso,
holder shall be allowed more than Ten Votes ; and the
Stockholders not present may vote by proxy, under such
regulations as the Company shall prescribe ; and if, in
case of any unavoidable accident, the said directors shall
not be chosen on the second monday of January as afore-
said, it shall be Lawfull to choose them on another day,
in manner herein prescribed.

Sect. 4. And be it further enacted^ that the Directors PreBident to be

1 1 n A 1 iv 1 choBen and

SO chosen, shall meet as soon as may be after every elec- sworn.
tion, and shall choose out of their number one person to
be President, who shall preside until 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 vacancies shall be filled, for the remainder of the
year in which they shall 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
& President.

Sect. 5. And he it further enacted, that the presi- ^"gftheiJ"'^'''
dent and three of the directors or four of them in his powers.
absence, 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 &, regulations,
as to them shall appear needful and proj^er, touching the
management and disposition of the stock, property, es-
tate and eflfects of said Company, and the transfer of the
shares ; and touching the duties and conduct of the sev-
eral Officers, Clerks and Servants employed, and the elec-
tion of Directors, & all such matters as appertain to the
business of Insurance, and shall have power to appoint a
Secretary, and so many Clerks and Servants for carrying
on of said business, and with such Salaries and allow-

666

Acts, 1803. — Chapter 103.

Mouthlj meet-
ings prescribed

Bueiness
defioed.

ances to them, and to the President, as to the said board
shall seem meet ; Provided, that such bye-Laws, rules &
regulations shall not be repugnant to the Laws of this
Commonwealth.

Sect. 6. 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
& board of directors shall deem proper ; and the presi-
dent & 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, & the said board of di-
rectors, and the Committee aforesaid, at and during the
pleasure of the board, shall have power & authority on
behalf of the Company to make Insurance upon Vessells,
freights, money, goods and effects, & against the Captiv-
ity of persons, & on the life of any person during his
absence by Sea, and in cases of money lent upon bot-
tomry and respondentia, and to fix premiums and terms
of payment ; and all policies of Insurance by them made
shall be subscribed by the President, and in Case of his
death, sickness, inability, or absence, by any two of the
Directors, and countersigned by the secretary, & shall
be binding and obligatory upon the said Company, and
have the like effect & 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 Di-
rectors, and the same shall be binding on the Company.

Sect. 7. And be it further enacted, that it shall be
the duty of the Directors on the second Monday of Jan-
uary and June in every Year, to make dividends of so
much of the Interest arising from their Capital Stock,
and the profits of said Company, as to them shall appear
adviseable ; but the monies received, & 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.
In case of loases and ill case of any loss or losses, whereby the Capital
Stock of the Company shall be lessened, each proprietor
or Stockholders 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 assesments, or such other mode,

Semi-atinual
dividends to be
made.

affecting the
capital.

Acts, 1803. — Chapter 103. 667

and at such time or times, as the Directors shall order,
and no Subsequent dividend shall be made, until a sum
equal to such dimunition shall have been added to the
Capital ; and that once in every two years, and oftner of
[ifl required by a majority of the Votes of the Stock-
holders, the Directors shall lay before the Stockholders, at
a General meeting an exact & particular statement of the
profits, if any there be, after deducting losses and divi-
dends.

Sect. 8. And be it further enacted, that the said fJ'^P^^I'j^n ""'
company shall not directly nor indirectly deal or trade in *'^'*^®-
buying or selling any goods, wares or merchandize or
commodities whatever ; and the capital stock of said
Company, after being collected at each instalment, shall
within Six months ])e 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 of this Commonwealth, at the discretion of tiie
President & Directors of said Company, or of other officers
which the Stockholders shall for such purpose appoint.

Sect. 9. And be it further enacted, that fifty Dollars shares payable
on each share in said Company shall be paid within Ninety '"
days after the first meeting of said Company, and the
remaining sum due on each share within one year after-
wards by such equal instalments, and under such pen-
alties, as the said Company shall direct ; and no transfer
of any share in said Company, shall be permitted or be
valid untill all the Instalments on such share shall have
been paid.

Sect. 10. And be it further enacted, that no person Eligibility of

,. -r>.. n ^ r^ -xi directors.

bemg a Director ot any other Company carrying on the
business of Marine Insurance, shall be eligible as a Di-
rector of the company l)y this act established.

Sect. 11. And be it further enacted, that the prop- fj^^^^f„||fJi''' ^°
erty of any member of said Company vested in the stock and the mode
of said Company, with the dividend or dividends due ^^^^'^^
thereon, shall be liable to atta[c]hment and execution in
favor of any bona fide Creditor in manner following,
Vizt. whenever a proper Officer having a Writ of attach-
ment or execution against any such member, shall api)ly
with such writ or execution to the Secretary of said Com-
pany, 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,

668

Acts, 1803. — Chapter 103.

BBtates of
president and
directors liable
in certain cases.

Amount of
capital, etc. to
be published
annually.

Statement to
be made to
legislature
when required.

First meeting.

ascertaining 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.

Sect. 12. And be it further enacted, That in case of
any loss or losses taking place, that shall be equal to the
amount of the Capital Stock of said Company, & the
President & Directors, after knowing of such loss or
losses taking place, shall subscribe to any policy of Insur-
ance, their estates jointly & severally shall be accountable
for the amount of any & every loss which shall take place
under Policies thus subscribed.

Sect. 13. A7id be it further enacted, That the Pres-
ident & Directors of said Company shall previous to their
subscribing to any policy, and once in every year after
publish in tAvo of the most public places in the town of
Nantucket, the amount of their Stock, against what risks
they mean to Insure, & the largest sum they mean to take
on any one risk.

Sect. 14. And be it firther enacted, That the Presi-
dent and Directors of said Company shall, when, and as
often as required by the Legislature of this Common-
wealth, lay before them a Statement of the afiairs of said
Company, and submit to an examination under oath, con-
cerning the same.

Sect. 15. And be it further enacted, That Isaac CojQSn
Esqr. be and is hereby authorised to call a meeting of the
members of said Company by advertising the same in two
of the most public places, in the town of Nantucket for
ten days successively for the purpose of electing their

Acts, 1803. — Chapter 104. 669

first board of directors, who shall continue in office until
the second monday in January One thousand eight hun-
dred and five, and untill others are chosen in their Stead.

Sect. 16. And be it further enacted, That the said Jr„'gieTsr°
President and Directors shall not be allowed to Insure on restricted
any one risk, a larger sum then Ten per Centum of the
amount of the Capital Stock of said corporation actually
paid in. Approved March 5, 1S04.

1803. -Chapter 104.

[January Session, ch. 38.]

AN ACT TO ESTABLISH THE TAUNTON AND NEW BEDFORD
TURNPIKE CORPORATION.

Sec. 1. Be it enacted by the Senate and House of
Represe7itatives in General Court assembled, and by the
nuthority of the same. That William Rotch, Samuel Leon- persons incor-
ard, Edward Pope, William Rotch Junior, Samuel Fales, ^"''^'^^•
Seth Padelford, Thomas Hazard, Samuel Rodman, Abra-
ham Russell, Samuel Tobey, Nicholas Tillinghast, James
Sproat, Samuel Crocker, Thomas Weatherby, Joseph
Ricketson, John Rowland Junior, William Crocker and
Apollos Tobey, their associates, with such others as shall
hereafter associate with them, and their successors be, and
they are hereby constituted a corporation by the name of corporate
The Taunton and New Bedford Turnpike Corporation,
and shall by that name sue and be sued, plead and be
impleaded, and shall have a Common seal, and use and
exercise all the powers and privileges which are herein-
after mentioned, for laying out a Turnpike road from course of the
Taunton Green, so called, to New Bedford, so as to meet ''°'"''
the road leading from New Bedford villag-e to the head
of Acushnet River, in the most convenient place, in the
opinion of said Corporation ; and to run through Berkley
and the village of Assonet in Freetown, and to make and
keep 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 when the said Gates to be
Turnpike road shall l)e sufficiently made, and approved road is'
of by a Committee appointed by the Court of the Gen- ^pp"""^^ *
eral Sessions of the peace of the County of Bristol for
that purpose. Provided, that no member of said Commit-
tee shall have any share or interest in said Turnpike, then
the said Turnpike Corporation shall be authorised to erect

670

Acts, 1803. — Chapter 104.

Gates may be
laid open and
toll prohibited
in case road ie
out of repair,
etc.

turnpike gates on said road at such places as the said
Committee of said Court of Sessions and the said Cor-
poration shall judge necessary and Convenient for col-
lecting the toll, the said gates to be not less than ten
miles distant from each other, Provided^ that neither of
the gates aforesaid shall be placed on any part of the road
now travelled — And Provided ahvai/s, that on any com-
plaint made to the Court of the General Sessions of the
peace of the said County of Bristol, that said road or
any part thereof is out of repair, or the said gates are im-
properly situated, it shall be the duty of the said Court to
appoint a Committee to repair to and view the said road,
and hear the parties, and if it shall appear to the said
Committee that the Complaint is well founded, they are
hereby authorised and directed to lay open the said gates
or to remove the same to any other part of said road,
as in either case it shall appear to them necessary, and
that said gates whenever they shall be laid open as afore-
said, shall so remain and no toll shall be demanded of any
passenger until the said road shall be so amended as in
the opinion of said Court or a Committee to be by them ap-
pointed for that purpose shall be satisfied that the said road
is put again in suitable repair, and said Corporation shall
be entitled to receive of each traveller or passenger, at
each of said gates the following rates of toll vizt. — for
each Coach, Chariot, Phaeton or other four wheel Carraige
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 twelve and an half Cents, and if drawn by
more than two horses or Oxen an additional sum of three
Cents for each ox or horse ; for every Curricle seventeen
Cents, for every Chaise, Chair, or other Carraige drawn
by one horse ten Cents, for every man & horse six Cents,
for every Sled or Sleigh drawn by two oxen or horses ten
Cents, if drawn by more than two Oxen or horses, and
additional sum of three 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 be-
sides those in teams or Carriages one Cent each, for all
Sheep or swine at the rate of three cents for one dozen —
may be* co°m!"" 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 annu-

ToU estab-
liBhed.

muted.

Acts, 1803. — Chapter 104. 671

ally to be mutually agreed on in lieu of the toll afore-
mentioned.

Sec. 2. And be it further enacted, that the said Cor- corporation
poration may purchase and hold land, over which they riT/h'ow'^iand^
may make said road, and the Justices of the Court of fo^damages^'"
General Sessions of the Peace in the County of Bristol t^^g^^^^^thVut
are hereby authorised on application of the said Corpora- agreement.
tion, to lay out the said road or any part thereof within
the said County of Bristol as with the consent of the said
Corporation they shall think proper ; and the said Corpo-
ration 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 obtained by voluntary agreement to be
estimated by a Committee to be 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 according to the law which makes provision for
the recovery of damages arising from the laying out of
highways — Provided always, that whenever a Jury may
be requested by either party by virtue of this Act, in case
of a Verdict for excess of damages, that the expence of
the Jury & all other lawfull charges shall at all times be
paid by said Corporation.

Sect. 3. And be it further enacted. That if the said dliay^ng^*"^
Corporation or their toll gatherers or others in their em- Jor^'e^xIfZ/gfy"''
ploy shall unreasonably delay or hinder any traveller or 'o'l-
passenger at either of the said gates, or shall demand or
receive any 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 Oii'once
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 said Corporation by leaving an
Attested Copy of the same with the Treasurer or some
individual member living in the County where the Action
may be brought or by reading the same to said Treasurer
or individual member at least seven days before the trial,
and the said Treasurer or individual member shall be
allowed to defend the same suit in l)ehalf of the said Cor-
poration, and the said Corporation shall be liable to pay
all damages that shall hapjien to any person from whom
the toll is demandable for any damage which shall arise
from the defect of bridges or the want of repairs in said

672 Acts, 1803. — Chapter 104.

way, and shall also be liable to presentment by the grand
Jury for not keeping the same in good repair.
k.lu?ing road, Sect. 4. And be it further enacted^ That if any person
gatei'''or''eTad°^ shall cut l^reak down or otherwise injure or destroy either
ingtoii. 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 either
of 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 fifteen dol-
lars, to be recovered by the Treasurer of said Corpora-
tion to the use thereof in an action of trespass, and 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 said road to evade the toll due by virtue of this Act,
such person shall forfeit and pay three dollars to be re-
covered by the Treasurer of said Corporation to the use
of the same in an Action on the case — Provided, that
nothing in this Act shall extend to entitle the said Corpo-
ration to demand and receive toll of any person who shall
be passing with his horse or Carraige 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 con-
cerns, within the town of which they are Inhabitants, or
from any person or persons passing on Military duty.
Shares to be Sect. 5. And be it further enacted, That the shares

personal estate; in the sauic Tumpikc road shall be taken, deemed and
"nd^at*tIchmenT Considered to be personal estate to all intents and pur-
prescribed. poscs, 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 shares shall be attached
on mesne process or taken iu execution an attested copy
of such writ of attachment or execution shall at the time
of 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 manner as is or may by
law be provided for making sale of personal property
on execution, and the OflScer making the sale or the
Judgment Creditor leaving a Copy of the Execution
with the Officers return on the same, with the Clerk of

Acts, 1803. — Chapter 104. 673

said Corporation within fourteen days after such sale &
paying for the recording of the same, shall be deemed
and considered as a sufficient transfer of such share or
shares in said Turnpike road.

Sect. 6. And be it /wither enacted, That the above First meeting.
named William Rotch, Samuel Leonard, and Edward
Pope, or any two of them may fix the time and place
of the fiirst meeting of the said proprietors by publish-
ing the same in the Newspapers printed at New Bed-
ford three weeks at least previous to the time therein
named for said Meeting, for the purpose of choosing a
clerk, who shall be sworn to the faithful discharge
of the duties of his said Office, & such other Officers as
shall then and there be agreed upon by a majority of said
proprietors, allowing One Vote to each share — Provided,
That no proprietor shall have more than ten Votes, and
the said Corporation may at the same time establish such
rules and regulations as shall be judged necessary for the
well ordering its aft'airs, and also agree upon a method of
calling future Meetings — Provided liowever that such
rules and regulations shall in no case be repugnant to the
constitution and laws of this Commonwealth.

Sect. 7. And he it further enacted. That the said cosJ^oTro'adand
Corporation shall within six Months after said road is annual returns
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 toll with
their necessary annual disbursements on said road, and
the books of said Corporation shall at all times be sul)-
ject to the inspection of a Committee to be appointed by
the General Court and subject to the inspection of the
Governor & Council when called for.

Sect. 8. And he it further enacted. That whenever any shares of
proprietor shall neglect or refuse to pay any tax or assess- niVbesoid.
ment duly voted and agreed upon by 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 as shall be sufficient
to pay the said taxes and necessary incidental Charges
after duly notifying in the Newspaper printed at New
Bedford, the sum due on such shares, and the time and
place of sale, at least thirty days previous to the time of

674

Acts, 1803. — Chapter 105.

Signboard to
be erected.

Corporation
may be dis-
solved when
indemnified
with interest.

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 certilScate 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 said Corpo-
ration, and such person shall be considered to all intents
and purposes the proprietor thereof; and the overplus, if
any, shall be paid on demand by the Treasurer to the
person whose shares were thus sold.

Sect. 9. Aiid 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 and
capital Characters.

Sect. 10. And be it further enacted^ That the Gen-
eral Court may disolve the said Corporation whenever it
shall appear to their satisfaction that the income arising
from the said toll shall have fully compensated said Cor-
poration for all monies they may have expended in pur-
chasing, repairing and taking care of said road, together
with an interest thereon at the rate of twelve per Cent by
the year — and thereupon the property of said road shall
be vested in this Commonwealth — and be at their dis-
posal— Provided, that if the said Corporation shall neg-
lect 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 effect. A^yproved March 3, 1804.

Corporate
name.

1803. — Chapter 105.

[January Session, ch. 39.]

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME
OF THE PRESIDENT AND DIRECTORS OF THE NANTUCKET
PACIFIC BANK.

Sect. 1st. Be it enacted by the Senate and House of
Representatives, in General Court Assembled, and by the
authority of the same, that Josiah Barker, Peter Chase
and Gideon Gardner, their associates successors and as-
signs, shall be and hereby are made a Corporation, by the
name of the President, Directors and Company of the
Nantucket Pacific Bank, and shall so continue from the
first Monday of July next, untill the first Monday of
October in the year of our Lord one thousand eight hun-

Amount of
capital.

Acts, 1803. — Chapter 105. G75

dred 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 pleas-
ure to break, alter and renew, and 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 said Corporation, and the prudent
management of their aftairs, provided such bye laws, or-
dinances 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, re-
striction, limitations and provisions herein after provided.

Sect. 2nd. And be it further enacted, that the Capital
Stock of the said Corporation shall consist of One hun-
dred thousand Dollars to be paid in, in Gold or Silver
on or before the first Monday of October next ; and the
Stockholders at their first meeting, shall by a majority of
votes, determine 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
Stockholders, their successors and assigns ; jwovided that
no Stockholder shall be allowed to borrow at the said
Bank, untill he or she shall have paid in his or her full
proportion of the said One hundred thousand Dollars ;
and the said Corporation are hereby made Capable in law, Real estate
to have, hold, purchase, receive, possess, enjoy and re- heid.
tain to them, their successors and assigns, lands, rents,
tenements, and hereditaments, to the amount of Ten
thousand dollars, and no more, at any one time, with
power to bargain, sell and dispose of the same lands, ten-
ements and hereditaments, and to loan and negotiate their
monies and eftects by discounting on banking principles
on such security as the}'^ shall think advisable, provided
however that nothing herein contained shall restrain or
prevent the said Corporation from taking and holding real
estate in mortgages, to any amount, as collateral security
for the payment of any debts due to the said Corporation.

Sect. 3rd. And he it further 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 said Corporation shall not issue and ^auon" iimi^o.L
have in circulation at any one time Bills, Notes or Obliga-

676

Acts, 1803. — Chapter 105.

Corporation not
to trade.

Real estate
limited.

President and
cashier.

Kligibility of
directora.

Meetings of
stockholderB.

tions to a greater amount than twice their Stock actually
paid in, nor shall there l)e 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
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 liable for and
chargeable with such excess.

Second. That the said Corporation shall not vest, use
or improve any of their monies, goods, chattels, or ef-
fects, in Trade or Commerce, but may sell all kinds of
personal pledges lodged in their hands by way of security
to any 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 Directors 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 of Ten 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 altho' 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 regulating the affairs of the
said Corporation, a meeting of the Stockholders shall be
held at such place as they shall direct on the first Monday
in July annually and at any other time during the contin-
uance of the Corporation, and at such place as shall be
appointed by the President and Directors for the time be-
ing, by posting up in the most public parts of the Town
notifications for that purpose, 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

Acts, 1803. — Chapter 105. 677

be according to the number of shares he shall hold, in the
following proportions, that is to say, for one share one
vote, and every two shares above one, shall give a right to
one vote more, provided no one member shall have more
than ten votes ; and absent members may vote by proxy
being authorized in writing.

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

Eighth. No less than five Directors shall constitute a Board of direct.
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 Nobiiutobe

issued for less

signed by the President shall be binding on the said Cor- thantivedoiiars.
poration, 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 divi- Di^dends.
dends of all the profits, rents, premiums and interests of
the Bank aforesaid.

Eleventh. The Directors shall have power to appoint officers.
a Cashier, Clerk and such other OflScers 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 bank!'°°°^
Bank shall be established and kept in the Town of Nan-
tucket.

Sect. 5th. And he it further enacted, that the share shares liabie to
or shares of any member of said Corporation with the u"de''x™cut\ou;
dividends due thereon shall be liable to attachment and gc^ibTd.'"^^'
execution in favour of any honafide 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 fur-
nish him with a Certificate, under his hand in his official
capacity ascertaining the number of shares the said mem-
ber holds in said Bank and the amounts of the 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

678

Acts, 1803. — Chapter 105.

be left with the Cashier of said Bank, and such share or
shares may be sold on execution the same being adver-
tised, and the time and place of such sale, and the same
mode of sale is to be observed, as in the sale of other per-
sonal estate taken in execution ; and it shall be the duty
of the officer, making such sale within ten days there-
after, 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 divi-
dends which shall have accrued thereon, after the taking
in execution as aforesaid or where there shall have been a
previous attachment, after such attachment notwithstand-
ing any intervening transfer.
^o^mmruermay Sect. 6th. And be it further enacted^ that any Com-
examine books, mjttee. Specially appointed by the Legislature of this Com-
monwealth 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 & 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 forfeited & void.

Sect. 7th. And he it further enacted ^ that Josiah
Barker, Peter Chase and Gideon Gardner herein before
named 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 shall see fit by advertising
the same in different parts of the town as before men-
tioned, three weeks successively for the purpose of mak-
ing ordaining and establishing such bye laws, ordinances
and regulations for the orderly conducting the affairs of
said Corporation as the Stockholders shall deem neces-
sary, and for the choice of the first board of Directors
and such other officers as they shall deem fit to choose.

Sect. 8th. And he it further enacted, that it shall be
the duty of the Directors of the said Bank to transmit to
the Governor and Council of this Commonwealth on the
first Mondays of June and January annually, and as much
oftener as they may require, accurate and just statements
of the amount of the Capital Stock of said Corporation,

First meeting.

Semiannual
statements to
be made to
governor and
council.

Acts, 1803. — Chapter 106. 679

and of the debts due to the same, of the monies deposited
therein, 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.

Sect. 9th. And be it further enacted that the Com- commonwealth
monwealth shall have a right whenever the Government t'oYapUau'toc\.
thereof shall make provision by law, to subscribe to and
become interested in the Capital Stock of said Bank by
adding thereto a sum not exceeding thirty thousand dol-
lars subject to the rules regulations and provisions to be
by them established.

Sect. 10th. And be it further enacted, that the said amount of
Corporation shall be liable to pay any bonafide holder, the ^e p'aid.'''"' '°
original amount of any note of said Bank, altered in the
course of its Circulation to a larger amount, notwithstand-
ing such alteration.

Sect. 11th. And be it firther enacted, that nothing f^^/.^.'^-'y ''^
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.

Sect. 12th. And be it further enacted that the Offi- Kle"""^'
cers of said Bank shall not issue any intermediate Bills
between Five and Ten Dollars.

Approved March o, 1804.

1803. — Chapter 106.

[January Session, ch. 40.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT TO
INCORPORATE SUNDRY PERSONS BY THE NAME OF THE
PRESIDENT AND DIRECTORS OF THE BEDFORD 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 the capital Stock of " The {^"pj^^^^^'^^j
President and Directors of the Bedford Bank" shall l)e
increased the sum of ninety thousand Dollars, in addition
to the sum of sixty thousand dollars, which the said Cor-
poration is directed to hold by the Act to which this is in
addition ; so that the whole Capital Stock thereof shall
consist of one hundred and fifty thousand dollars ; and
shall be divided into shares of two hundred and fifty dol-
lars each, any thing in the said Act, to which this is in
addition, to the contrary notwithstanding.

680 Acts, 1803. — Chapter 107.

fapitaiTobe Sec. 2d. And be it further enacted, That the sum

r'ear" "^'^'''" ^^hich shall 1)6 added to the capital stock of said Corpora-
tion, under the authority of this Act, shall be subscribed
and paid in, in Gold and Silver under the controul of the
Directors thereof, for the time being within one year from
the first monday in June next. — JPt^ovided, that the said
Corporation of the Bedford Bank shall in no wise loan
any monies, or discount any bills on the additional cap-
ital hereby authorised, untill they shall have produced
sattisfactory evidence to the Governor and Council, that
the said additional sum of ninety thousand dollars has
been paid in and actually exists in Gold and Silver in
their vaults, — and Provided also, that all the provisions,
rules, and regulations of the Act incorporating the said
Bedford Bank shall extend proportionably to the addi-
tional capital hereby established.

Approved March 3, 1804.

1803. — Chapter 107.

[January Session, ch. 41.]

AN ACT TO REGULATE THE TAKING OF ALEWIVES WITHIN THE
TOWN OF BOXFORD AND FOR OTHER PURPOSES THEREIN
MENTIONED.

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

Representatives in Gen[Q,']ral Court assembled, and by the

Times of taking authorit'ii of the stt^ne, that it shall and may be lawful for

tiie fish . . .

the town of Boxford to take alewives within the limits of
said town in the streams leading from Rush Pond, Little
pond and Johnsons Pond to Merrimack River, on such
days as are allowed by Law for taking said fish in Merri-
mack River and streams emptying into the same, and on
such of those days and in such place or places within their
Limits as the town, or a Committee who may be appointed,
as by this Act is provided, may direct.
Fish committee Sect. 2d. And be it further enacted, that the Inhabi-

to DG CuOB6D*

tants of the town of Boxford, at their meeting for the
choice of town Officers in March or April annually, be,
and they are hereby authorised and empowered to choose
by ballot not less than three nor more than seven persons
being freeholders in said town, a Committee to direct and
oversee the taking the said fish as aforesaid, which com-
mittee shall be sworn to the faithful discharge of their
trust, and shall distribute the fish taken by them, or

Acts, 1803. — Chapter 107. (381

under their direction, as equally as circumstances will
admit, to such of the inhabitants of said town, or other
persons as may apply for the same. And for fish so sup-
plyed and delivered, the Committee aforesaid shall de-
mand 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 poor persons which shall
be named in a list to be annually made out by the select-
men of the town, & who, in the opinion of the Selectmen
are unable to pay for the same, which list shall be given
to the Committee, and the person or persons borne on
said list shall be supplied with such quantities of said fish
gratis as the Committee may consider expedient. And
the Committee aforesaid shall have such allowance for
their services, as the inhabitants of said town in open
town meeting may determine, and shall, annually, in the
month of September next after their appointment, exhibit
their accounts to the Selectmen for settlement, and pay
the balance, if any remains, into the town Treasury for
the benefit of said town.

Sect. 3d. And be it further enacted, that the town of fud gateway*'
Boxford may erect, and keep in repair a Dam, Sluice and to to erected
Gateway in the stream below Rush pond and raise the
water in said pond six inches above the usual highth, from
the first day of June to the first day of December annually,
or for such part of that time as shall by the Committee
aforesaid be considered necessary to facili[^]ate the pass-
ing of the fish at the time of their going down the stream
to Johnsons Pond. And if any person shall in any way
destroy, or injure the said Dam, Sluice and Gateway as
aforesaid, or shall open the same so as to draw ofl^" the
water from said Pond, otherwise than shall be done by
the Committee aforesaid, or by their direction, such per-
son so offending shall forfiet and pay for every such offence
a sum not exceeding one hundred and fifty dollars nor less
than Thirty dollars.

Sect. 4. Aiid be it further enacted, that the Commit- pbBtructions to

11 r • t • />i "^ removed

tee to be chosen as aforesaid, or the major part of them, from the
be, and they are hereby authorised to clear any obstruc-
tions and to open the natural course of said streams by
making them wider & deeper, or to open any dam, or the
Sluice way of any mill or other water works, that is, or
may be erected over said streams or passage ways ; j)7'0-

682

Acts, 1803. — Chapter 107.

Penalty for
obstructiog the
passage of the
tish.

Penalty for
illegally taking
the tish.

Committee, &c.
may go on any
land through
which the
streams pass.

Persons found
with tish to be
supposed to
have taken them
unlawfully,
unless they
prove the
contrary.

vided such owner, or owners shall neglect to open the
same, when thereto required by said committee, or the
major part of them, as aforesaid, and the dam or sluice
way, 80 opened, shall continue open to such width and
depth, & 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 dam-
age to the proprietor or proprietors of such mill or water
works. And if any person or persons shall obstruct the
passage ways allowed and ordered by said Committee, or
the major part of them, or shall obstruct the passage of
said fish in any other part of said streams or passage
ways than is permitted by this act, such person, or per-
sons so offending shall forfeit and pay a sum not exceed-
ing one hundred and fifty Dollars, nor less than thirty
Dollars.

Sect. 5. 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 streams or passage ways, or any part
thereof, at any time or by any way or means whatsoever ;
each person so offending shall forfiet and pay a sum not
exceeding seven dollars, nor less than four dollars, for
each offence.

Sect. 6. And be it further enacted, that the commit-
tee chosen as aforesaid or either of them, or any person
employed by them, paying a reasonable compensation
therefor if demanded, shall have authority for the pur-
poses aforesaid, to go on the land, or meadow of any per-
son, through which such streams or passage ways pass,
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
streams and passage ways.

Sect. 7. And be it further enacted, that if the Com-
mittee or either of them shall detect any person or persons
in attempting to take any of said fish, at any time or
place, or in any manner, otherwise than is allowed by said
Committee, or shall find any such fish with any person or
persons, they shall be considered and deemed to have
taken such fish unlawfully, and shall be subject to the
penalties of this Act accordingly, unless such person, or

Acts, 1803. — Chapter 108. 683

persons can make it appear (on trial) they came by said
fish in some other way.

Sect. 8. And be it further enacted, that if any minor Parents, &c.
or servant, shall be found taking any of said fish, in any accountable.
way contrary to this Act, or contrary to the rules and
regulations of the said town of Boxford, or their Commit-
tee as aforesaid, the parents, guardians and masters of
such Minors or servants, shall be held to pay all fines in-
cured by them, for any breach of this Act, or the rules
and orders of the town aforesaid.

Sect. 9. And be it further enacted, that it shall be the commmeeto
duty of the Committee of the town, chosen as aforesaid, aii breaches of
to prosecute for any breach of this Act, and all prosecu- '^'* "*''' *"'■
tions shall be brought in the name of the town Treasurer
for the time being, by an action on the case, in any Court
proper to try the same, and all fines or forfietures, re-
covered thereby shall accrue one half thereof to the com-
plainant, and the other half to the use of the town, and
no person by reason of his being one of the said Commit-
tee, or an inhabitant of said town shall thereby be dis-
qualified from being a witness in any prosecution for a
breach of this Act. Approved March 3, 1804.

1803. — Chapter 108.

[January Session, ch. 42.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
ESTABLISH A CORPORATION BY THE NAME OF THE CAM-
BRIDGE & CONCORD 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 Proprietors of the Cam- The width of
bridge and Concord Turnpike, be, and they are hereby be^ecTuctT^
authorised and empowered, to reduce the width of said
road in certain places, from four rods to fifty feet, which
places shall be determined by a Committee, to be ap-
pointed by the Court of General Sessions of the Peace,
for the County of Middlesex.

Sect. 2. And be it further enacted. That not more rrovision for
than half the rate of toll, established by the Act, to which broad whce/s.
this is in addition, shall be demanded for any Cart or
Waggon, the fellies of the wheels of which shall not be
less than six inches broad : and the General Court may
at any time otherwise regulate the tolls on Carts and

684

Acts, 1803. — Chaptees 109, 110.

Waggons, according to the width of the fellies of the
wheels on which they shall run, and the burthens they
shall carry. Approved March 5, 1804.

Selectmen em-
powered to ap-
point annually
engine-men for
engine No. 14.

Duty of the
engine-men.

1803. — Chapter 109.

[January Session, ch. 43.]

AN ACT EMPOWERING THE SELECTMEN OF THE TOWN OF
BOSTON, TO NOMINATE AND APPOINT FORTY ENGINEMEN,
FOR ENGINE NUMBER, FOURTEEN, IN SAID TOWN, CALLED
THE CATARACT.

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 Selectmen of the town of
Boston, be, and they are hereby empowered to nominate,
and appoint, as soon as may be, after the passing of this
act, and ever after, in the month of January, annually, a
number of suitable persons, not exceeding Forty, for en-
gine men for engine number fourteen, in said Town, called
the Cataract, and the engine men, who may be nominated,
and appointed in manner aforesaid, shall be excused from
all military duty, and shall have power to choose a Mas-
ter or director of the said engine, and shall meet once in
each month to examine the state of said Engine.

Sec. 2d. And be it further enacted by the authority
aforesaid, that the said engine men shall, either by night,
or by day, use their best endeavours to extinguish any fire
that may happen in the same town, or the vicinity thereof,
under the direction of the firewards in the same Town :
And if any engine man shall be negligent, and remiss in
the duties required of him by this act, the Selectmen may
strike his name from the list, and proceed to appoint an-
other person in his stead. Approved March 5, 1804.

PerRons incor-
porated.

1803. — Chapter llO.

[January Session, ch. 44. J

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME
OF THE PRESIDENT, DIRECTORS & COMPANY OF THE HAL-
LOWELL & AUGUSTA BANK,

Sect. 1. Be it enacted by the Senate and House of
Representatives in General Court assembled and by the
authority of the same. That Nathaniel Dummer, John
Odlin Page, Thomas Agry, Peter Grant, James Bridge,
Daniel Coney, Benjamin Whitwell, William Robinson,

Acts, 1803. — Chapter 110. 685

Benjamin J. Porter, John Dunlap, Mark L. Hill, Wil-
liam King, Silas Lee, Peleg Tallman, Abiel Wood jmir.,
David Payson, their associates, successors and assigns
shall be and are hereby created and made a Corporation corporate
liy the name of the President, Directors & Company of °*™^'
the Hallowell and Augusta Bank ; and shall so continue
from the first monday of October next until the expira-
tion of eight years next following and by that name shall
be & hereby are made capable in law to sue and be sued
plead & be impleaded defend & be defended in any
Courts of record, or any other place whatsoever, 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 & put in execution such bye laws ordi-
nances &, regulations as to them shall appear necessary
and convenient for the goverment of said Corporation &
the prudent management of their affairs, provided such
bye laws ordinances & regulations shall in no wise be con-
trary to the Constitution & Laws of this Commonwealth
& the said corporation shall be always subject to the rules,
restrictions, limitations & provisions herein prescribed.

Sect. 2d. And be it ftirther enacted, that the Capital Amount of

rxir>i '1/^ • in • n i capital and

Stock 01 the said Corporation shall consist ot two hun- value of shares,
dred thousand Dollars to be divided into shares of one
hundred Dollars each Provided that no money shall be
loaned or discounts made nor shall any Bills or promisary
notes be issued from said Bank until the said Directors &
Company shall have produced satisfactory evidence to the
Governor & council that their whole Capital Stock afore-
said is actually paid in and existing in Gold, Silver or
other coined Metals in their Vaults, and the stockholders
at their first meeting shall by a Majority of Votes deter-
mine the Mode of traosfering & disposeing of the Stock
and profits thereof which being entered in the books of
the said Corporation shall be binding on the Stock-
holders their successors and assigns. And said Corpora- iieai estate
tion are hereby made Capable in law to have hold purchase he'idT*^ '° ^^
receive, possess enjoy & retain to them their successors
& assigns, lands, rents, tenements & hereditaments to the
amount of twenty Thousand Dollars, & no more at one
time with power to bargain sell & dispose of the same
lands, tenements and heriditaments & to loan & negotiate
their money and effects l)y discounting on banking prin-
cipals on such security as they shall think advisable.

686

Acts, 1803. — Chapter 110.

Rules, &c.

Amount of
obligations
limited.

Corporation not
to trade.

Real estate
limited.

President,
and cashier.

Eligibility of
directors.

Meetings of
stockholders.

Provided hoivever, that nothing herein contained shall re-
strain or prevent the said Corporation from taking &
holding real estate in mortgage to any amount as colateral
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 & provisions shall form and be the
fundamental articles of the said Corporation [s].

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 nor shall there be due to the said Corporation at
any one time more than double the amount of their Capi-
tal stock actually 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 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 chargable 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, 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 & resident therein
shall be eligible for a Director & the Directors 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 satisfac-
tion of the board of Directors in a sum not less than fif-
teen 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 altho' 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

Acts, 1803. — Chapter 110. 687

held at such place as they shall direct on the first Mon-
day of January annually and at any other time during the
continuance of the said Corporation and at such place as
shall be appointed by the President & Directors for the
time being by public notification given 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 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 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 author-
ised in writing, and should any vacancy happen in the
oflSce of any Director the same may be filled at any meet-
ing of the Stockholders called for that purpose.

Seventh. No Director shall be entitled to any emolu- President to
ment for his service 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 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.

JSfinth. All bills issued from the Bank aforesaid and Nobiiistobe
signed by the President shall be binding on the Corpo- thantwedoiiarB,
ration ; but it shall not be lawful for them to issue any
bills of a less denomination than five Dollars, nor any
bills between five & ten 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 a oflacers.
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. And be it further enacted ^ that the said Bank ^^,^^*'°° °^
shall be established and kept in the Town of Hallowell in
the County of Kennebec.

Sect. 5. And be it further enacted, that whenever the Money to be
Legislature shall require it the said Corporation shall loan common-
to the Commonwealth any sum of money not exceeding J^q^'f^d!''^"
twenty thousand Dollars reimbursable by five annual

688

Acts, 1803. — Chapter 110.

Shares liable to
attachment
and execution;
manner pre-
scribed.

Legislative
committee may
examine books,
&c.

Instalments, or at any shorter period at the election of the
Commonwealth with the annual payment of interest at a
rate not exceeding live per Centum per annum Provided
however that the Commonwealth shall never at one time
stand indebted to the said corporation without their con-
sent for a larger sum than Forty thousand Dollars.

Sect. 6. Be it further enacted, that the share or
shares of any member of said Corporation, with the div-
idend due thereon, shall be liable to attachment and
execution in favor of any Bona fide creditor in manner
following [to] 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 & furnish him
with a Certificate under his hand in his official Capacity
ascertaining the number of shares the said member holds
in said Bank & the amount of the dividends thereon due &
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 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 & place of sale, and in the same mode of sale as
other personal property, & 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 & the vendee 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 Execution as
aforesaid or where there shall have l^een a previous at-
tachment after such attachment notwithstanding any inter-
vening transfer.

Sect. 7. Be it further enacted^ that any committee
specially appointed by the Legislature for the purpose
shall have a right to examine into the doings of said Cor-
poration and shall have free access to all their Books and
Vaults & if upon such an examination it shall be found Sc
after a full hearing of the said Corporation thereon be
determined by the Legislature that said Corporation have
exceeded the powers herein granted them or failed to
comply with any of the rules restrictions and conditions
in this act provided their incorporation shall thereupon be
declared forfieted and Void.

Acts, 1803. — Chapter 110. 689

Sect. 8. And be it further enacted , ihsit 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 and place as
they may see fit by public notice being given three weeks
previous to the time of said meeting, for the purpose of
making ordaining & establishing such bye laws ordinances
& regulations for the orderly conducting the affairs of the
said Corporation as the said Stockholders shall deem nec-
essary & for the choice of the first board of Directors &
such other officers as they shall see fit to choose.

Sect. 9. And he it further enacted, that it shall be the semiannual
duty of the Directors of said Bank to make out on the be"madTto °
first monday of January & June in every year, & as much councii!"^ ""''
oftener as they shall be required by the Governor and
Council and transmit to the Governor & Council of this
Commonwealth accurate and just statements of the amount
of the Capital stock of said Corporation, of debts due to
the Corporation, of their deposits, of the notes in circu-
lation, of Gold, Silver and other coined metals on hand &
of the notes of other Banks specifying the amount of such
notes issued by the Banks of this Commonwealth & that
of the Notes of Banks incorporated elswhere which state-
ment shall be signed by a Majority of the Directors and
attested by the Cashier of said Bank.

Sect. 10. And be it further enacted, that the Common- commonwealth
wealth shall have a right whenever the Government "^capuar"''''
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 and regulations and provisions to be by them made
and established.

Sect. 11. And be it further enacted, that the said a^o^j'nfof
Corporation shall be liable to pay to any bona fide holder altered biiiB 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.

Sect. 12. And be it further enacted, that nothing con- Bank may be
tained in this act shall be construed to prevent the Leg-
islature from taxing said Bank at any time hereafter
whenever they shall judge it expedient.

Sect. 13. And be it further enacted, that one eighth r*^„' ''^/"°f|f '?
part of the whole funds of said Bank, shall always be to loans for
appropriated to loans to be made to the Citizens of this agdcuiturai^
Commonwealth not resident in the town of Ilallowell & "iterest.

690 Acts, 1803. — Chapter 111.

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 bor-
rower with collateral security by suflicient mortgage of
real estate for a term not less than one year & on condi-
tion of paying the interest annually on such loans subject
to such forfieture & rights of redemption as by law pro-
vided. Approved March 6, 1804.

1803. — Chapter 111.

[January Session, ch. 45.]

AN ACT TO SET OFF THE NORTHEAST PART OF THE TOWN OF
DORCHESTER, AND TO ANNEX THE SAME TO THE TOWN OF
BOSTON.

Sec. 1st. Be it enacted hy the Senate, and House
of Representatives in Genei^al Court assembled, and by
Boundaries of the authority of the same, That all that part of Dorchester
land set off. lying northcast of the following line, viz. Beginning at a
stake and stones at Old Harbour, so called, at the south-
west corner of land formerly belonging to John Champ-
ney, running north thirty seven and one half degrees west
to a large elm tree marked D on the southwest side, and
B on the northeast side, standing on land belonging to
the heirs of Thomas Bird deceased, then running the same
course to a heap of stones on the southeast side of the
road, thence across the road, the same course to a heap
of stones on the northwest side ; thence on the same
course to a black oak tree, standing on a small hummock,
marked D on one side, and B on the other side, upon
land of Ebenezer Clap Junr. thence the same course till it
comes to Boston harbour ; with the inhabitants thereon,
be, and they hereby are annexed to the town of Boston in
the County of Suffolk, and shall hereafter be considered
Proviso respect- and dccmcd to be a part of the town of Boston : Provided

IDS t&X6S(

that the said tract of land, and the inhabitants thereon,
set off as aforesaid, shall be holden to pay all such taxes
as are already assessed, or ordered to be assessed by said
town of Dorchester, in the same manner as they would
have been, if this Act had not have been passed,
uc uVe"' ''"^' Sec. 2d. And be it further enacted. That the pro-
prietors of said tract, shall assign and set apart three lots
of land on the same, for public use, viz. One lot for the

Acts, 1803. — Chapter 111. 691

purpose of a public Market place, one lot for a School
House, and one lot for a burial ground, to the satisfaction
and acceptance of the Selectmen of the town of Boston, or
in case the said Selectmen and proprietors shall not agree
upon the said lots, it shall be lawful for the Supreme Judi-
cial Court at any session thereof, in the said County of
Suflblk, upon application of the sd. Selectmen, to nomi-
nate and appoint three disinterested freeholders within the
Commonwealth, and not inhabitants of said town of Bos-
ton, to assign and set off the three lots aforesaid by metes
and bounds ; & the report of the said freeholders or any
two of them, being made, and returned to and accepted
by the said Court, at any session thereof in said County,
shall be final and binding upon all parties ; and the lots
of land by them assigned and set off as aforesaid, shall
thenceforth vest in the said town of Boston forever, with-
out any compensation to be made therefor by the town,
but if the person or persons whose lands shall be assigned
and set apart as aforesaid shall demand compensation
therefor, the same shall be appraised by three freeholders,
to be appointed as aforesaid, who shall also assess upon
the other proprietors the sum or sums which each shall be
holden to pay to the person whose lands may be thus
assigned for public use ; and the report of said freeholders,
or any two of them being made and returned to, and ac-
cepted by said Court, judgment thereon shall be final,
and execution awarded as in cases of reports by referees
under a rule of Court.

Sec. 3d. Aiid be it further enacted that the Selectmen f^^'^^^j'^^tieets
of the said town shall be and hereby are authorized to lay &c.
out [out] such streets and lanes through the said tract, as
in their judgment may be for the common benefit of said
proprietors, and of said town of Boston, a reasonable
attention being paid to the wishes of the proprietors ; and
in case of disagreement between the Selectmen and pro-
prietors, or either of them, the same proceedings shall be
had, as are provided by law in other cases, for laying out
town ways provided only, that no damages or compensa- Proviao.
tion shall be allowed to any proprietor, for such streets &
lanes as may be laid out within twelve months from the
passing of this act : And provided also, that the town of
Boston shall not be obliged to complete the streets laid
out by their Selectmen pursuant to this act, sooner than
they may deem it expedient so to do.

Approved March 6, 1804.

692

Acts, 1803. — Chapter 112.

Preamble.

Selectmen and
treasurer au-
thorized to
Bell and convey
the land.

The Interest to
be put at
interest.

Final appropria-
tion of interest.

Annual state-
ment to be
made.

1803. — Chapter 113.

[January Session, ch. 46.]

AN ACT AUTHORISING THE SALE OF THE SCHOOL LOT IN THE
TOWN OF TOPSHAM, AND PROVIDING FOR THE MANAGEMENT
OF THE FUND ARISING THEREFROM.

Whereas the inhabitants of the toivn of Topsham in the
County of Lincoln, have represented that the lot of land
containing one hundred Acres, numbered sixty five,
granted by the Pejepscot Proprietors to said Town, for the
support of a Public School therein, has not as yet,
answer'ed the design of the donors, and Jiave petitioned this
Court for liberty to sell the same, for the purpose of rais-
ing an annual income of three hundred dollars, for the
purpose of the Original grant.

Sect. 1. Be it therefore, enacted, by the Senate and
House of Representatives in General Court assembled, and
by the authority of the same. That the Selectmen together
with the Treasurer of the town of Topsham, for the time
being, are hereby empowered to sell and convey the
aforesaid one hundred Acres of land, and place the money
arising from such sale, at interest, as soon as may be, &
secure the same by mortgage of real estate, or by one or
more sufficient sureties with the principal, unless said
Selectmen and Treasurer, or the major part of them, shall
think it best to invest the same in public funded Securi-
ties or bank Stock, which they may do.

Sect. 2. ^e t^/wr^Aer enacief?, That the interest aris-
ing from time to time on such monies, shall be annually,
or oftener, if practicable, put out at interest and secured
in manner as aforesaid, and also the interest accruing
from the interest, until a fund shall be accumulated, which
shall yield three hundred dollars per annum.

Sect. 3. And be it further enacted. That as soon as
an interest of three hundred dollars as aforesaid, shall
accrue, the said Selectmen and Treasurer, or the major
part of them, shall forthwith apply the same to the sup-
port and maintina[n]ce of a Grammar School in said
town, and said fund shall not be thereafter appropriated
to any other purpose.

Sect. 4, And be it further enacted. That the said
Selectmen and Treasurer, shall exhibit to the Town, at
their annual meeting in March or April a regular and fair
Statement of their doings relative to said fund.

Approved March 6, 1804.

Acts, 1803. — Chapter 113. 693

1803. — Chapter 113.

[January Session, ch. 47.]

AN ACT TO INCORPORATE THE PROPRIETORS OF THE BOSTON
SOUTH BRIDGE.

Whereas the erecting of a bridge over the flats and Preamble.
channel of the South Westerly part of Boston , from the
land belonging to the Toivn of Boston, or some place con-
tiguous thereto, to Dorchester neck, ivoidd be of great pidj-
lic utility, — And William Tudor, Gardner Greene, and
others, are desirous of an act of Incojporation to empower "
them to build said Bridge, and have subscribed a fund for
executing and cojnpleting the same:

Sect. 1st. Be it therefore enacted by the Senate and
House of Representatives, in General Court assembled,
and by the authority of the same. That William Tudor, Persons incor-
Gardiner Greene, Jonathan Mason, & Harrison Gray Otis, p°'^**«''^-
Esquires, so long as they shall continue proprietors as
aforesaid, together with those who are, and shall become
their associates, shall be a corporation and body Politick corporate
under the name of " The Proprietors of the Boston South
Bridge ;" and by that name may sue and prosecute, & be
sued and prosecuted, to final judgment and execution, and
do and sufler all other Acts and things, which Bodies
Politic may or ought to do and suffer ; And that said
Corporation shall have full power and authority to make,
have and use a common Seal, and the same to break,
alter and renew at pleasure.

Sect. 2d. And be it further enacted. That the above- First meeting.
mentioned persons or any three of them, may, by adver-
tisement in any two of the Boston Newspapers, call a
meeting of the said proprietors, to be holden at any suit-
able time and place after seven days from the publication
of said advertisement, and the said proprietors, by a Vote
of the Majority of those present or represented at said
meeting (accounting and allowing a Vote to each share)
shall choose a Clerk, who shall be sworn to the faithful ^^^^^jj^^^
Discharge of his Office, and also shall agree on a method ruiesestab-
for calling future meetings ; and at the same or any sub- *^ ^ '
sequent meeting, may make and establish any rules and
regulations (not repugnent to the laws of this Common-
wealth) that shall be convenient or necessary for regulating
the said corporation, effecting, completing and executing
the purposes aforesaid, and for collecting the Toll herein

691

Acts, 1803. — Chapter 113.

Toll established.

"Width of
bridge, &c.

granted, & the same rules and regulations may cause to
be kept and executed, & for the breach of any of them,
may order and enjoin fines and penalties, not exceeding
thirteen dollars ; 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
of the aforesaid Proprietors at said meetings shall be
})roved by a special appointment in writing, signed by the
person making the representation, which shall be filed
with or recorded by the Clerk ; and this act, and all rules,
regulations and votes of said Corporation shall be fairly
and truly recorded by the said Clerk in a book or books
for that purpose provided and kept, which book or books
shall be subject to the inspection of any person or persons
for that purpose appointed by the Legislature.

Sect. 3d. And be it further enacted, That for the
purpose of reimbursing the said Proprietors of the said
Bridge, the money to be expended in building and sup-
porting the same, and of indemnifying them, a Toll be,
and hereby is granted and established for the benefit of
said Corporation, according to the rates following, Vizt.
For each single Horse cart, sled or sleigh, six cents ; One
person and Horse, four cents ; each wheelbarrow, hand
Cart, and every other vehicle capable of carrying like
weight, two cents ; each single Horse and Chaise, Chair
or Sulkey, twelve Cents ; Coaches, Chariots, Phtetons &
Curricles, Seventeen Cents each ; all other wheel carriages,
or Sleds, drawn by more than one beast, eight cents each ;
neat Cattle or horses passing over said Bridge, exclusive
of those rode or in carriages or teams, two Cents each;
swine and Sheep, six cents for each dozen, and at the
same rate for a greater or less number ; and in all cases
the same Toll shall be paid for all carriages passing said
Bridge, whether the same be loaded or not loaded ; and
to each team one man and no more shall be allowed as a
driver to pass free from payment of Toll ; 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 at the day of the first opening of the said
bridge for passengers, and shall continue for and during
the term of seventy years from the said day, and be col-
lected as shall be prescribed by said Corporation.

Sect. 4th. And be it further enacted. That the said
Bridge shall be built of good and sufficient materials, not

Acts, 1«03. — Chapter 113. 695

less than forty feet wide, and well covered with plank or
timber, suitable for such a Bridge, with sufficient rails on
each side for the safety of travellers and protection of
foot passengers ; and the said Bridge shall be kept accom-
modated with not less than twenty Lamps, which shall be
well supplied with Oil, and lighted in due season, and
kept burning untill midnight ; And there shall also be
made a good and sufficient draw or passage-way, at least
thirty feet wide in the channel over which said Bridge
shall be built, proper for the passing and repassing of
Vessels, through which Vessels may pass free of Toll ;
and shall also erect at said draw and maintain in good
repair, a well-constructed and substantial pier or wharf
on each side of the said Bridge and adjoining to the draw,
every way sufficient for vessels to lie at securely ; and the
said draw shall be lifted for all vessels without delay and
without Toll, except for boats passing for pleasure ; and
it shall be lawful for the Proprietors of said Bridge to
make the leaves of said draw twenty feet long instead of
the width of said Bridge ; — And the said Bridge shall be
kept in good, safe and passable repair for the term of
seventy years, to be computed as aforesaid, and at the
expiration of said term, shall be surrendered in like repair
to the Commonwealth, who shall be deemed the successor
of said Corporation ; And at the several places where the
said Toll shall be received, there shall be erected by the
said Corporation and exposed to open view constantly a
board or sign, with the rates of Toll and all the Tollable
articles fairly and legibly written thereon in large or cap-
ital letters.

Sect. 5th. And be it further enacted^ That the Pro- Payments to
prietors of said Bridge shall pay to the Master of every thrdraw"*""*'
Vessel that shall be loaded and of more than twenty tons
register measure, that shall pass through said draw, for the
purpose of unloading her Cargo, five cents a ton for each
and every ton said Vessel shall measure, and the like sum
of five cents a ton to the Master of each and every Vessel
of more than twenty tons burthen that shall pass down
and through said draw, loaded, on her outward passage ;
Provided Jiovjever, that the same Vessel passing up and Proviso.
down, tho' loaded, shall not be paid for more than one
passage. — And it shall be lawful, at any period after
three years from the passing of this Act, for the proprie-
tors of said Bridge, or the Directors of the Roxbury Canal,

696

Acts, 1803. — Chaptee 113.

Revision of the
premium paid
vessels.

Persons whose
lands may be
, taken are to be
indemnifiGd.

to make application to the Governor, who, with the advice
of Council, is hereby authorised, upon such application in
writing, desiring that a revision of said premium of five
cents, as aforesaid, may be made, to appoint three impar-
tial men to hear the parties, examine the premisses, and
increase or diminish said premium of five cents as they
shall think just ; and their award, signed by them or the
Major part of them, sealed and certified to the Governor,
and by him published, shall be binding upon all parties,
and shall be the sum in future to be paid ; — And in like
manner and by similar application and process, the same
premium may be increased or diminished at the expira-
tion of every five years successively during the term
aforesaid. And whereas it may be necessary that the
said Proprietors, in making and building said bridge,
should take, use and appropriate the lands belonging to
other persons :

Sect. 6th. Be it therefore further enacted, That when
the said Proprietors shall judge it necessary to take, use
and appropriate any lands for the purpose of erecting said
Bridge, or either of the wharves of said Brido;e thereon,
and cannot agree with the owners of such lands upon their
value, or the compensation to be made them therefor, or
upon suitable persons to appraise the same, then, and in
such case, the Justices of the Court of General Sessions of
the Peace within and for the County where such lands lie,
are hereby authorised and impowered, upon application of
either party, to appoint three disinterested Freeholders of
the County in which such lands lie to appraise the same,
and the damage, if any, which the owner or owners thereof
may have thereby sustained, upon the same principles as
private property is to be appraised and estimated when
taken and appropriated for highways, or the repairing of
the same. And such appraisement being returned into,
and accepted by said Court, shall be taken and deemed
final between the parties, and vest the estate or property
so appraised in the said proprietors ; and the said Cou[r]t
shall thereupon issue their Execution or warrant therefor
against the same proprietors ; unless either party, being
dissatisfied with such appraisement, shall, at the next ses-
sion of said Court after such acceptance, apply for a Jury
to appraise and estimate the value thereof, or the dam-
ages, if any, thereby done to the owners of such land, in
which case the said Court is hereby empowered to hear
and finally determine the same by a Jury under Oath, to

Acts, 1803. — Chapter 114. 697

be summoned by the Sheriff or his deputy for that pur-
pose, or by a new committee, if both parties shall agree
thereto. And if the Jury or committee so appointed or
agreed on by both parties, who are to be under Oath, shall
not return a verdict, or make a report or return more fa-
vorable to the petitioners or applicant, than the first com-
mittee appointed by the Court as aforesaid, the petitioner
or applicant shall pay the other part}^ his reasonable
Costs, otherwise the other party shall pay such Costs ;
and in both Cases Judgment shall be made up agreeably
to verdict of the jury or report of the last committee,
with or without the deduction of Costs therefrom, as the
case shall require, and Execution shall issue accordingly ;
— and the bodies of any of the same proprietors shall be,
and hereby are made liable to be taken in execution on
such Judgement, in the same manner as the inhabitants of
any town are by law liable, when Judgements are had
against them ; And the lands shall vest in the same Pro-
prietors, their successors and assigns in fee simple forever.

Sect. 7th. And be it further enacted, That if the said lf^y,i%,\f^^'
Corporation shall refuse or neglect, for the space of three limited.
years after the passing of this Act, to build and compleat
the said Bridge, then this act shall be void and of none
effect.

Sect. 8th. Be it further enacted. That in case the I'epaity for re.
proprietors of said Bridge or any Tollgatherer or officer lecting to open
by them appointed, shall neglect or refuse to open the
draw, or unnecessarily detain any Vessel about to pass, the
said Corporation shall forfeit and pay for every such re-
fusal, neglect, or unreasonable detention a sum not ex-
ceeding fifty dollars nor less than twenty dollars, to be
recovered by the owner or owners of such Vessels in any
Court proper to try the same by a special Action on the
case. Approved March 6, 1804.

1803. — Chapter 114.

[January Seselon, ch. 48.]

AN ACT TO INCORPORATE CERTAIN PERSONS FOR THE PUR-
POSE OF MAKING A STREET FROM RANSFORDS-LANE, IN
THE TOWN OF BOSTON, TO THE BRIDGE PROPOSED TO BE
BUILT FROM, AT OR NEAR THE TOWN'S-LANDING TO DOR-
CHESTER-NECK.

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

698

Acts, 1803. — Chapter 114.

PerBons incor-
porated.

Corporate
name.

Course of the
street.

Width of the
street, &c.

First meeting.

authority of the same, that William Brown, John Clark
Brown, Nathaniel Curtis, Edward J. Bobbins, John Cur-
tis, Samuel Cobb, Amasa Davis, Samuel May, Perrin
May, Benjamin Goddard, Nathaniel Wales, William Mar-
shall, Thomas Burton, Benjamin Thompson, Thomas
Bayley, Abraham Gibson, John Gibson, Henry Bass,
Charles Guild, Arnold Welles, John Welles, Elizabeth
May, Joseph Loverin^, Joel Smith, David Trask, Daniel
Baxter, David Ellis, Josiah Knapp, and Henry Jackson,
being owners and proprietors of the lands and flats, over
which the said street will pass, and of the lands and flats
adjoining thereto, together with those who have or shall
associate with them for the purpose aforesaid, and their
successors, shall be a Corporation by the name of Front
Street Corporation, in the town of Boston, with all the
powers and privileges incident to similar Corporations,
for the purpose of making a street to commence from the
bottom of Kansfords-lane, so called, in said town of Bos-
ton, and from thence to run on a line parallel to Orange-
Street, in said town, or as nearly so as will be convenient,
until it intersects a line drawn from, at or near the town's
landing, so called, in said Orange-Street to Dorchester-
point. The termination of said new street being intended
to be at the place where William Tudor, Esquire, and
others, have obtained leave to build a bridge to said Dor-
chester-point. The said street to be at least fifty feet
wide, and to be kept open and free from incumbrances,
and to be made in such a direction that no part of the
easterly side thereof shall be nearer to the easterly side
of Orange-Street than three hundred and fifty feet ; —
and the whole of the said street to be made with a good
and substantial stone facing on the side adjoining the
harbour, unless it may be judged by the Corporation the
same may be dispensed with in cases where wharves may
be projected from the said Street Sea ward.

Sec. 2d. Be it further enacted, that the above-named
persons, or any three of them, may, by an advertisement
in any one or more of the Boston News-papers, or by per-
sonal notice to each other and their associates, call a
meeting of the said proprietors, at any suitable time and
place, after seven days from the publication of such Ad-
vertisement or giving notice as aforesaid ; and the said
proprietors by vote of the majority of those present or
represented at said meeting (in all cases allowing one

Acts, 1803. — Chapter 114. 699

vote to each single share) shall choose a Clerk, who shall ^jloBen°and
be under oath to the faithful discharge of his duty ; and [i"'^*^®*"''''
shall choose such other officers as they may think neces-
sary for the proper government of said Corporation ; and
shall have power to agree upon the method of calling
future meetings, and establish rules and regulations for
the well-ordering the affairs of said Corporation, and for
effecting and completing the purposes aforesaid ; Pro-
vided, such rules and regulations are not repugnant to the
Constitution and Laws of the Commonwealth ; all repre-
sentations to be in Avriting, and signed by the person or
persons making the same : Provided also, that the num-
ber of votes of any one proprietor shall be regulated by
his proportion of interest in the land over and through
which the said street will pass; — to say, every twenty
feet in length of the said street to entitle the proprietor
or owner of the land over which said street will pass to
one vote ; but no one proprietor to have more than
twenty votes in any case whatever.

Sec. 3d. And be it further enacted, that the said ^^fl^feToL'the
William Brown and others, owners and proprietors of the proprietors.
lands and flats aforesaid, their heirs and assigns, be, and
they are hereby authorised and empowered to raise, by
an assessment or tax, to be made and levied upon all the
owners and proprietors of said land and flats, according to
the proportion they severally hold therein, such sum or
sums of money for making the street aforesaid, as shall be
agreed upon by the said proprietors, their heirs and as-
signs, or the major part of such of them as shall be assem-
bled at any legal meeting to be called for that purpose ;
and if any of said proprietors shall neglect or refuse to Land of
pay the sum or sums of money duly assessed upon him mVy be «)id.
therefor, for the space of three months after said money
shall have been voted, or for the space of one month after
his assessment shall have been shewn to him, or a copy
thereof, attested by the Clerk, left at his last and usual
place of abode, then the said Proprietors are hereby au-
thorised from time to time to sell at Public Auction so
much of said delinquent's share of said lands and' flats, as
shall be sufficient to pay such sura or sums assessed upon
him as aforesaid, and all reasonable charges attending such
sale, notice of such sale, and the time and place thereof,
being first given in such manner as said Proprietors shall
direct. And the said Proprietors may, by their Clerk, or

700

Acts, 1803. — Chapter 114.

The privilege
of reclfinption
allowed.

Time allowed
for completing
the street.

Commiiuication
of land with the
street may be
stopped in case
owner fails to
pay his propor-
tion of expense.

No toll to be
demanded for
passing the
street.

Town not to be
put to expense.

a Committee chosen for that purpose, execute a good deed
or deeds of the same, to hold to the purchaser in fee
simple : provided nevertheless^ that the proprietor or pro-
prietors whose share or part shall be sold, as aforesaid,
shall have liberty to redeem the same at any time within
one year from the time of such sale, by paying the sum
such share or part sold for and the charges thereof, to-
gether with interest thereon at the rate of six per Centum
Per Annum ; And Provided also, that each of the said
Proprietors, their heirs and assigns, shall have liberty to
build and make, or cause to be built and made, by private
contract or otherwise, so much of said street as shall pass
over their own lands or estates, permission for such pur-
pose being first obtained from the said proprietors at a
legal meeting, the same to be done to the acceptance and
satisfaction of the said proprietors, and to be approved of
and accepted by them at a Proprietors meeting legally
holden for that purpose.

Sec. 4th. Be it further enacted ^ that the said pro-
prietors be allowed two years from the passing of this Act
for the completion of the said street.

Sec. 5th. And be it further enacted, that in case any
proprietor or owner of the lands aforesaid shall neglect or
refuse to be at his reasonable share or proportion of ex-
])ence of making and building the said street, it shall then
be lawful for the said Corporation to prevent by fences, or
in any other peaceable manner, the communication of the
land of such owner or proprietor, so neglecting and refus-
ing as aforesaid, with the said street on both sides thereof.

Sec. 6th. And be it further enacted, that nothing in
this Act shall extend to entitle the said proprietors to de-
mand or receive of any person whatever any compensa-
tion or toll for passing the said street ; And when it shall
appear to the satisfaction of the General Court that the
purposes of this Act of incorporation have been answered
and completed they may dissolve the same.

Sec. 7th. And be it further enacted^ that the town
of Boston, shall not sustain any expence in making or
continuing the present cross-streets leading from Orange
Street Easterly, to and over said new street, unless said
town shall hereafter agree to the same.

Approved March 6, 1804.

Acts, 1803. — Chapters 115, 116. 701

1803. — Chapter 115.

[January Session, ch. 49.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, «' AN ACT TO
INCORPORATE WILLIAM PHILLIPS JUNR. AND OTHERS INTO
A COMPANY BY THE NAME OF THE NEW ENGLAND MA-
RINE INSURANCE COMPANY.

Be it enacted, hy the Senate and House of Representa-
tives in General Court assembled, and hy the authority
of the same. That The New England Marine Insurance
Company, be, and they hereby are authorized to invest
fifty thousand dollars of their Capital Stock in Real Es-
tate, any thing in the Act to which this is an addition to
the Contrary notwithstanding.

Approved March 6, 1804.

1803. — Chapter 116.

[January Session, ch. 60.]

AN ACT TO PRESERVE AND REGULATE THE FISHERY IN THE
TOWNS OF REHOBOTH & SWANZEY IN THE COUNTY OF
BRISTOL AND FOR REPEALING AN ACT ENTITLED AN ACT
TO PREVENT THE DISTRUCTION OF THE FISH CALLED SHAD
AND ALEWIVES IN THEIR PASSAGE UP THE RIVERS &
STREAMS IN THE TOWN OF REHOBOTH IN THE COUNTY
OF BRISTOL PASSED JUNE 27TH 1786.

Section 1. Be it enacted by the Senate and House of
Representatives in General Court Assembled and by the
Authoritii of the same that from and after the passing of No seine or net

*y *^ ^ " to DC 861 or

this Act there shall not be any Seine or drag Net set or drawn save as

drawn at any time in Palmers river in said Kehoboth and muted.^*'^

that no Seine or drag Net shall be set or drawn in said

River within the said town of Swanzey between the first

day of April & the twentieth day of June annually, only

on Monday, Tuesday & Wednesday between the rising of

the Sun and the setting of the same on each of said days.

Section 2. And be it ftrther enacted that if any Per- Penalty.
son or Persons shall at any time draw or set any Seine or
drag Net in said Palmers river in said town of Rehol)()th,
or shall draw or set any Seine or drag Net in said River
in said town of Swanzey, between the first day of A[)ril
& the twentieth day of June annually except as al)ove-
said on Monday Tuesday & Wednesday between the
rising and setting of the Sun on each of said days he or

702

Acts, 1803. — Chapter 116.

The use of
scoop nets for-
bidden save at
certain times.

Fisherj' in
Ranin's River.

Penalty.

Recovery and
appropriation
of lines.

Former act
repealed.

they so offending shall forfeit & pay a fine of Seven Dol-
lars for each and every ofl'ence.

Section 3, And be it further enacted that no Fish shall
be taken in said River or in any brook or branch of said
River either in the said town of Rehoboth or Swanzey
with Scoop Nets, only on Monday, Tuesday & Wednesday
nights, between the setting of the Sun & the rising of the
same on each day and that no weirs shall be built in said
River up stream from the southwest corner of a lot of land
on the west side of said River in said Rehoboth belonging
to Capt. Daniel Davis adjoining to Captn. Samuel Bullocks
land ; and that there shall be no driving said River or
brooks at any time with poles or otherwise and that no
Fish be taken in said Palmers river within two Rods of
the Bridge over the same near Phillip Millers nor within
five rods of the place where the Brook that runs out of
the Pond near Richard Perses, enters said River.

Section 4. And be it further enacted that no wears be
made in Runins River in said Rehoboth in any year until
after the first day of June and that no Fish be taken in
said Runins river within one rod of any Bridge over said
River and that no Fish be taken in said Runins river only
on Monday, Tuesday, Wednesday & Thursday nights be-
tween the setting of the Sun and the rising of the same
on each day and that no Fish be taken in said River north
of the South line of Joseph Wests land on said River &
that there be no driving of Fish in said River with Poles
or otherwise.

Section 5. And be it further enacted that if any Per-
son shall make any Weir or take any Fish in either of
said Rivers or Brooks at any other time or in any other
place than is allowed by this Act or shall at any time drive
the Fish in either of said Rivers or Brooks with Poles or
otherwise each Person so offending shall pay a fine not
exceeding four Dollars nor less than Two Dollars for each
offence.

Section 6. And he it further enacted that all the
Penalties incurred by a breach of this Act, may be sued
for &, recovered before any Justice of the peace in the
County of Bristol and all Sums so recovered as forfeited
by this Act shall be appropriated one moiety thereof to
the prosecutor and the other moiety for the use of the
Town in which the forfeiture shall happen.

Section 7. And be it further enacted that the afore-
said Act entitled an Act to prevent the distruction of the

Acts, 1803.— Chapters 117, 118. 703

Fish called Shad & Alewives in their passage way up the
Rivers & Streams in the Town of Kehol^oth in the County
of Bristol be and it is hereby repealed.

Approved March 6, 1804.

1803. — Chapter 117.

[January Session, ch. 15.]
AN ACT RESPECTING CONDITIONAL PARDONS.

Whereas in the course of human events it sometimes hap-
pens, that crimes, for ivhich the perpetrators are legally
sentenced to suffer the punishment of death, are attended
with alleviating circumstances.

Be it enacted hy the Senate & House of Representa-
tives, in General Court assembled, and hy the authority
of the same. That wlienever any person, who has been, or
shall hereafter be sentenced by the Justices of the Su-
preme Judicial Court to suffer the punishment of death,
shall make application to the Governor for pardon, and
the Governor shall think proper, by and with the advice
and consent of the Council, to grant such pardon, on con-
dition that the person thus sentenced be imprisoned or
confined to hard labour during his or her natural life, or
for a certain term of years, in the condition of such par-
don to be expressed, the Governor be, and herel)y is au-
thorized, in order to carry the same into effect, to issue his
Warrant or Warrants, directed to all proper Ofiicers, and
the said Officers shall be holden to serve, execute and
obey the same, in the same manner as if such impris-
onment or confinement had been the punishment awarded
in the original sentence. Approved March 6, 1804.

1803.— Chapter 118.

[January Session, ch. 52.]

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

Sect. 1st. Be it enacted by the Senate and House of
Representatives in General Court Assembled and hy the
authority of the same, that John Russell Senr., William Persons incor-
Blacklor, Robert Hooper, John Selman, Nathaniel Hooper, ^'""^"'^ '
John Williams, Joseph Barker, Henry Gallison, William
Reed and their associates, successors and assigns shall
be and hereby are made a Corporation by the name of

704

Acts, 1803. — Chapter 118.

Corporate
name.

Amount of
capital.

Real estate
allowed to be
held.

Rules, &c.

the President, Directors and Company of the Marblehead
Bank, and shall so continue from the first day of October
next untill the first day 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 Court of Record or any other place
whatsoever, and also to make and use a common seal,
and the same to break, alter and renew, also to make and
ordain such bye laws, ordinances and regulations as to
them shall appear necessary and convenient for the Gov-
ernment of said Corporation and management of their
affairs, provided that such bye laws, ordinances and reg-
ulations shall not be contrary to the Laws and Constitu-
tion of this Commonwealth, and said Corporation shall
always be subject to the restrictions and limitations herein
after enacted.

Sect. 2nd. And be it further enacted, that the Capital
stock of the said Bank shall be One Hundred thousand
Dollars to be paid in on or before the first day of October
next, provided hoioever that said Corporation shall not
loan any money or commence any discounts untill their
entire capital of One hundred thousand dollars shall have
been paid in and actually existing in Gold and Silver in
their vaults. The Stockholders at their first meeting
shall by a majority of votes determine the mode of trans-
fering and disposing of the Stock and profits thereof,
which being entered in the books of said Corporation
shall be binding on the Stockholders their successors and
assigns. And said incorporation are made capable in law,
to have, hold, purchase, enjoy and retain to them their
successors and assigns, lands, rents, tenements and here-
ditaments to the amount of Ten thousand dollars and no
more, at any one time, with power to bargain, sell and
dispose of the same lands, tenements and hereditaments,
and to loan and negotiate their monies and effects by dis-
counting on Banking principles on such securities as they
shall think advisable, provided that nothing herein con-
tained shall prevent said Corporation from taking and
holding real estate in mortgage to any amount as collateral
security for payment of any debt due to said Corporation.

Sect. 3rd. Be it further enacted, that the following
rules, limitations and provisions shall form and be the
fundamental articles of said Corporation.

Acts, 1803. — Chapter 118. 705

First. That said Corporation shall not issue and liave obligations
in circulation at any one time Bills, Notes or Obligations
to a greater amount than twice their Capital Stock as
aforesaid, nor shall there be due to said Bank at any one
time more than twice the amount of their stock as afore-
said, and in case of any excess the Directors under whose
administration it may happen shall be liable and held for
the payment of the same in their private capacity, but
this shall not be construed to exempt the said Corpora-
tion or any real or personal estate which they may hold
as a body Corporate from being also liable for, and charge-
able with such excess.

Second. That said Corporation shall not vest use or corporation not
improve any of their monies, goods or chattels 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. None but a member of said Corporation being President and
a Citizen of this Commonwealth and resident therein shall " ' '
be eligible for a Director ; the directors shall choose one
of their number to act as President, and the Cashier be-
fore he enters on the duties of his office shall give bonds
with two sureties to the satisfaction of the board of Di-
rectors in the sum of Five thousand dollars for the faith-
ful discharge of the duties of his office.

Fourth. No director of any other Bank shall be eliffi- Eligibility of

directors.

ble to the office of director of this Bank and any Director
who shall accept an office in any other Bank shall vacate
his place in this.

Fifth. A meeting of the Stockholders shall be held at Meetings of
such place as they shall direct on the first Monday of
January annually, and at such other time and place as the
President and Directors shall direct by public notice being
given one week previous thereto, in the New England
Palladium printed in Boston, and in the Register printed
in Salem, at said annual meeting there shall be chosen by
ballot seven directors to continue in office one year ensu-
ing their election, in balloting and voting each share shall
have one \oie, provided no one member shall have more
than ten votes, and absent members may vote by proxy
authorized in writing.

Sixth. No Director shall have any emolument for his President to be
services, but the Stockholders may make the President ^*''''
such compensation as they shall think reasonable.

706

Acts, 1803. — Chapter 118.

Board of direc-
tors.

Dividends.

Officers.

Location of
bank.

Shares liable to
attachment and
execution;
manner pre-
scribed.

time being who ehall serve in

Legislative
committee may
examine books,
&c.

Seventh. Not less than four directors shall constitute a
board for doing business, the President being one, if the
President shall be necessarily absent the directors may
choose a chairman for the
his stead.

EighlJu All bills issued from the Bank and signed by
the President and Cashier shall be binding on the Corpo-
ration.

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

Tenth. The Directors shall appoint a Cashier Clerk
and other Officers for carrying on the business of said
Bank with such salaries as they shall deem meet.

Sect. 4th. Be it further enacted, that said Bank shall
1)e established and kept in the Town of Marblehead, and
the Cashier shall at all times be an Inhabitant of said
Town.

Sect. Stu. Be it further enacted, that the share or
shares of any member of said Corporation and the divi-
dends due thereon shall be liable to be attached and to be
taken in execution by any bona fide creditor in manner
following viz. Whenever any proper officer having a
writ of attachment or execution against any such mem-
ber, shall apply to the Cashier of said Bank it shall be
the duty of said Cashier to expose the books of said Cor-
poration to such officer and 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 dividends due thereon, and when such share or shares
shall be attached on mesne process or taken in execution
an attested copy of such writ or execution shall be left
with the Cashier of said Bank and such share or shares
may be sold on execution in the same manner as other
personal property 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 such execution
with his doings thereon with the Cashier of said Bank and
the property of such shares thus sold shall be vested in
the vendee with the dividends arising on the same after
attachment or taking on execution.

Sect. 6th. Be it further enacted, that the Legislature
of this Commonwealth shall have power at all times by
their Committees to examine the doings of said Corpora-

Acts, 1803. — Chapter 118. 707

tion, & shall have free access to their books and vaults
and after a full hearing to determine whether said Cor-
poration have exceeded their powers, or have not com-
plied with the restrictions of this act, and on breach of
said rules to declare their incorporation forfeited.

Sect. 7tii. J^e it further enacted^ that Joseph Barker First meeting.
is authorized to call the first meeting of said Corporation
by advertisement as before directed to meet at such time
and place as he shall think best to choose a board of Di-
rectors and other officers and ordain rules and bye laws
for said Corporation.

Sect. 8th. Be it further enacted, that the Directors of semiannual
said Bank shall on the first mondays of January and June be made to
annually, transmit to the Governor and Council of this councih'^'""
Commonwealth for the time being, and as much oft[6']ner
as they shall require, a true statement of the Capital
Stock of said Corporation of the debts due and monies
deposited, of the notes in circulation and of the Gold and
Silver and other coined metals, and bills of other Banks
on hand specifying the amount of such notes issued by
the Banks of this Commonwealth and that of the notes of
the Banks incorporated elsewhere, which statement shall
be subscribed by the Directors and attested by the Cashier.

Sect. Otii. Be it further enacted, that the Common- commonwealth
wealth shall have a right to become interested in said "ul'e^r^B'tYn'aie
Bank by adding thereto a sum not exceeding Thirty thou- *^''°'^-
sand Dollars under such regulations as they shall establish.

Sect. 10th. Be it further enacted, that said Corpo- original amount
ration shall be liable to pay any bona fide holder the orig- "o be'paid.
inal amount of any note of said Bank that may have been
altered to a larger amount notwithstanding such alteration.

Sect. 11th. Be it further enacted, that this act shall fa'^"d.""'^ ^"^
not be construed to prevent the Legislature from taxing
this Corporation when they shall judge it expedient.

Sect. 12th, Be it further enacted, that said Corpora- Nobiiistobe
tion shall not issue any bill under the sum of five dollars than tive'^ ^"
and no intermediate bills between five and ten dollars. douars.

Sect. 13th. Be it further e?iac^e(^Z, that the Directors Part of funds to
shall appropriate one eighth part of said Stock with ex- to i^nT for""^
elusive regard to the Agricultural Interest and shall loan agdcuUuU'r
the same when re[g][(7]ue8ted in sums not less than one '"lerest.
hundred dollars nor greater than five hundred dollars for
a term not less than one year, to be secured by sufficient
mortgage of real estate. Approved March 7, 1804.

708 Acts, 1803. — Chapter 119.

1803. — Chapter 119.

[January Seseion, ch. 53.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO
AUTHORISE THE INHABITANTS OF THE SECOND PARISH IN
PORTLAND, TO TAX THE PEWS & SEATS IN THEIR MEET-
ING HOUSE & TO MAKE VALID CERTAIN FORMER PROCEED-
INGS OF SAID PARISH, & FOR OTHER PURPOSES IN SAID
ACT MENTIONED."

Preamble. TF//e?'e«.s the Inhabitants of said Pai^isli, are authorised

by an Act, entitled, " 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 jJurposes in said
Act mentioned," to tax the pews in their meeting house, but
no provision is made for enforcing the payment of said
taxes, in case of neglect or refusal to pay the same, arid
the said Act is otherwise found insufficient for the purposes
for ivhich the same was intended.

Section 1. Be it enacted by the Senate and House of
Rejwesentatives, in General Court assembled, and by the
Valuation to be authority of the same, that for the due apportioning the
late'^asses's^-^" Tbxcs, hereafter to be assessed on said pews, the Inhab-
"^°'*" itants of said Parish, as often as they shall think proper,

shall cause a valuation to be taken, of the pews aforesaid,
by a Committee to be chosen for that purpose, and in case
no such Committee shall be chosen, the Assessors of said
Parish, for the time being, shall as often, as said Parish
shall vote, take such valuation, in which they shall num-
ber, appraise, and value the pews, in said meeting house
respectively, according to their situation and rank, and
make a list of such valuation, and keep the same in the
Office of the Assessors, to be delivered to their Succes-
sors, and the sums voted from time to time, to be laid
on the pews aforesaid, shall be assessed and apportioned
thereon by the Assessors for the time being, according to
such valuation, and until a new one shall be voted by
said Parish to be made.
^urn\B°to'"be° Section 2. And be it further enacted, that when the
sold. owner or owners, occupant or occupants, of any pew or

pews in said meeting house, shall refuse or neglect, to pay
the tax or taxes which have been, or may hereafter be as-
sessed, on his or their respective pew or pews, the Col-
lector or Collectors of any such tax or taxes, to whom the

Acts, 1803. — Chapter 119. 709

same is committed, with a warrant or warrants, in the
form prescribed in the third section of this Act, shall have
power & he is hereby fully authorised to demand and
receive said taxes on pews, of & from the owners or oc-
cupants thereof, and if payment thereof is neglected to
be made for thirty days after notice & demand given &
made by said Collector, or Collectors, to the owners or
occupants, where known & living in said town, or posted
up at the Doors of said Meeting house when unknown or
not living in said town, of all which such Collectors
oath, shall be admitted as sufficient evidence ; such Col-
lector shall have power to sell such pew or pews, at pub-
lic sale, in said town to the highest bidder, notice of such Notice of sale
intended sale, being given four days at least, after the ex- ° ''siven.
piration of said thirty days, & before the time of sale, l)y
posting up written notifications, at the door of said meet-
ing house, of the time & place of sale, & mentioning
therein the pew or pews to be sold, and their numbers ;
and the said Collector shall have power, if he sees fit, to
adjourn the said sale, or vendue from time to time, not
exceeding three times, & not beyond thirty days, from
the day first set for the said sale ; and to make & execute
a deed or deeds, of any such pew or pews, sold by him as
aforesaid, which deed or deeds, with said notifications,
being duly recorded in the town Clerks office, shall vest
in the Purchaser the former owners interest or estate in
such Pew or Pews, and in the land under and adjoining
the said Meeting house, and if any Overplus remain upon
such sale, the same shall be immediately paid to the for-
mer owner or owners, after the taxes and all legal charges
are deducted.

Section 3. And be it further enacted, that the Col- The parish cou

/^ 11 /• • 1 T-» • 1 1 -r-» • 1 lectors empow

lector or Collectors oi said Parish, to whom Parish taxes ered.
have been, or shall hereafter be committed with a warrant
or warrants for collecting the same, in the form prescribed
by Law, for collecting town taxes, mutatis inutandis, shall
have the same power to collect such Parish taxes, on Polls
& Estates, as Collectors of Town taxes have by Law, &
shall observe the same directions in collecting and paying
over the same, according to their warrants, which Town
Collectors are holden to observe.

Approved March 7, 1804.

710 Acts, 1803. — Chapters 120, 121.

1803. — Chapter 130.

[January Session, ch. 54.]

AN ACT IN ADDITION TO THE SEVERAL ACTS NOW IN FORCE,
WHICH RESPECT THE TRANSPORTING, STORING AND SAFE
KEEPING OF GUNPOWDER IN THE TOWN OF BOSTON.

Sect. 1. Be it enacted, by the Senate and House of
Representatives, in General Court Assembled, and by the
Recovery of authority of the same, that all the pecuniary penalties
and forfeitures mentioned in An Act, entitled, "an act
in addition to the several acts, now in force, which respect
the carting and transporting Gunpowder through the
Streets of the Town of Boston, and the Storage thereof
in the same town," and also all the penalties and forfeit-
ures, mentioned in an act, entitled, "an act to provide
for the Storing and safe keeping of Gunpowder in the
Town of Boston, and to prevent damage from the same,"
may be recovered by information or indictment before the
Supreme Judicial Court or the Municipal Court for the
Town of Boston any law to the Contrary notwithstanding.
Mlfnlcipii Court Sect. 2. And be it further enacted, that when any
empowered. Gunpowdcr shall bc scizcd by any one or more of the
Fire wards of said Town of Boston, for a breach of the
provisions mentioned in either of the acts aforesaid, it
shall be the duty of such Fireward or Firewards within
twenty days after the seizure, to file a libel in the Clerk's
Office of the Municipal Court for the Town of Boston,
stating the cause of seizure, and praying for a decree of
forfeiture, and the Judge of said Court shall have power
to hear and determine the cause, by a Jury where there
is a claimant, but without one, if upon proclamation made,
no claimant appears, and to decree the forfeiture and dis-
position of such property according to law, and may
decree a sale and distribution of the proceeds, deducting
charges ; and if such libel be not supported, restitution of
the property shall be decreed to the claimants without
costs. Approved March 7, 1804.

1803. — Chapter 131.

[January Session, ch. 55.]

AN ACT MAKING FURTHER PROVISION FOR THE PROPRIETORS
OF THE ISLAND OF NANTUCKET.

Preamble. Whereas an Act entitled, ^^An Act for the better man-

aging Lands, WJiarves, and other real estate lying in

Acts, 1803. — Chapter 121. 711

common passed the tenth day of March in the Year of our
Lord one thousand seven hundred and eighty four, hath
•proved insufficient to restrain disorderly a7id unridy per-
sons from over stocking their Lands on the Island of Nan-
tucket.

Sec. 1st. Therefore 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 Proprietors to
passing of this act, the proprietors of the common and raake*ru'iM, &c.
undivided Lands on the Island of Nantucket shall meet
together some time in March annually, and from time to
time as they may judge proper, to make such rules, and
adopt such modes of improvement, as they shall think
just, and equitable, which said rules and regulations shall
1)6 determined by a majority of votes ; and each proprie-
tor shall vote according to the quantity of Land, or rights,
which he or she shall own therein, which said Votes shall
be binding on said Proprietors,

Sec. 2. And be it further enacted, that if any pro- Regulation of

. . /. ii>'ii J. iiTiix" use of common

prietor of any general leild or pasture on the Island oi pasture.
Nantucket, which shall be owned by tenants in common,
from and after the passing of this act, shall put, or cause
to be put therein, any horse, cattle, sheep, or other
creature, over and above the number allowed him, or
her, or before the day agreed upon, or keep them longer
there, than the time set, and limited by a major vote of
the said proprietors, he, or she shall be deemed a tres-
passer; and his, or her creatures so put in, shall be pro-
ceeded with by any of the proprietors, as creatures, taken
damage feasant, to all intents and purposes, as much as
if he, or she owned no land within such general feild or
pasture.

Sec. 3d. And be it further enacted, that whenever, in case of
horses, cattle, sheep, or other creatures, shall be clandes- in a common
tinely turned into any general field, or pasture on the ^®'*^"
Island of Nantucket, or being unruly, shall break into the
same, and shall be taken, and impounded by a proprie-
tor thereof and a writ of replevin shall be purchased by
the owner of the said horses, cattle, sheep, or other
creature so impounded, for the purpose of replevying
them, it shall be in the power of the court, or Justice be-
fore whom the action shall be brought, to give Judgment
in favour of the proprietor of the general field or pasture,
upon his producing satisfactory evidence to the said Court
or Justice, that the horses, cattle, sheep, or other creatures

712

Acts, 1803. — Chapter 122.

replevied as aforesaid, were either clandestinely turned
into said general field or pasture or broke into the same
in a part thereof, where the fence was good and sufficient
according to Law ; some other parts of the fence of the
said general field or pasture being deficient notwithstand-
ing. Approved March 7, 1804.

1803. — Chapter 133.

[January Session, ch. 56.J

AN ACT TO ESTABLISH THE BOUNDARY LINE, BETWEEN THE
FIRST AND THIRD PARISHES, IN THE TOWN OF BROOKFIELD
IN THE COUNTY OF WORCESTER.

Sec. 1st. Be it enacted by the Senate, and House of
Representatives, in General Court, assembled, and by the
Boundary line, authority of the Same, that the dividing line, between the
said first and third Parishes in the town of Brookfield,
shall hereafter run as follows : Vizt. beginning at the
South east corner of Ralph Richardsons land at Quaboag
River, thence runing Northerly by said Richardson's land
to the post road, thence crossing said road, and runing
Northerly, crossing Phinehas Uphams land, in a strait
line, to the South east corner of land, which Jabez Upham
bought of his father Phinehas Upham, thence by the said
Jabez Upham's land, to his North east corner, by the
road leading from a town road, to Thomas Rainger's
house, thence Easterly by said road, untill it comes op-
posite to Cephas Lawrence's North east corner, thence
Northerly by said Lawrence's land, to the land of John
Allen junior; thence by said Allen's east line, to the line
of the second Parish in said Brookfield, and that all the
lands lying on the Easterly side of said line, and the per-
sons living thereon, with their Polls and Estates, hereto-
fore belonging to the first Parish in said Brookfield, be,
and they hereby are sett off from the first, and annexed to
the third Parish in said Brookfield.

Sec. 2d. And be it further enacted, that all the lands

Certain lands
and persons
annexed to the
first parish.

lying, and being in Brookfield aforesaid, belonging to
John Allen, Joseph Chad wick, Cyrus Rich, Ezra Rich,
Abner Tyler, and his Son Joseph Dorr, and the farm be-
longing to the heirs of James Nichols, and about ten
Acres of land belonging to Daniel Hodges, adjoyning the
lands of John Allen, and Abner Tyler, and the persons
thereon living, which previous to the passing of this

Acts, 1803. — Chapters 123, 124. 713

Act, belonged to the said third Parish in said Brookfield
be, and hereby are set off from the third, and annexed
with their Polls, and Estates to the first Parish in said
Brookfield : — Provided 7ieveriheless, that this Act shall not
affect the collection of taxes, now assessed, within the
said several Parishes, but the same may be demanded,
and collected, the passing of this Act notwithstanding.

Approved March 7, 1804.

1803. — Chapter 133.

[January Session, ch. 67.]

AN ACT TO REPEAL TART OF AN ACT, ENTITLED, "AN ACT TO
INCORPORATE STEPHEN HIGGINSON AND OTHERS INTO A COM-
PANY, BY THE NAME OF THE BOSTON MARINE INSURANCE
COMPANY."

Whereas in and by the tenth Section of the said Act, it Preamble.
is enacted " that no person, being either singly , or as partner
with one or more persons a member of any other Company,
carrying on the business of Marine Insurance, shall be
eligible as a Director of the Company by this Act estab-
lished: " And Whereas the said Provision is found inex-
jjedient:

Be it therefore enacted, by the Senate and House of Pep-
resentatives in General Court assembled, and by the au-
thority of the same. That the said tenth Section, be, and former a°/tre-
the same hereby is repealed. Provided nevertheless — peaied.
A7id be 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 Director of the said Bos-
ton Marine Insurance Company.

Approved March 7, 1804.

1803. — Chapter 124.

[January Session, ch. 58.]

AN ACT TO INCORPORATE THE WESTERLY PART OF THE PLAN-
TATION HERETOFORE CALLED WESTPOND, AND THE GORE
ADJOINING IN THE COUNTY OF KENNEBEC, INTO A TOWN
BY THE NAME OF ROME.

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 westerly part of the Plan- Boundaries.
tation heretofore called Westpond, and the Gore adjoin-
ing in the County of Kennebec, described within the

714

Acts, 1803. — Chapter 125.

First meeting.

following bounds, with the inhabitants thereon, be and
they are hereby incorporated into a town by the name of
Rome Vizt. beginning on the north line of Bellgrade at
the outlet of the great pond so called, thence running
northeastwardly a direct course to that part of the great
pond, where the outlet of north pond empties into the
great pond, thence northwardly by said outlet or stream
to the north pond, thence northwardly by said north
pond to a hemlock tree marked R. and dated 1803, thence
due west three miles one hundred and ninety rods to the
east line of New-sharon, thence southwardly l)y the east
lines of New-Sharon and Viana to the north line of Mount-
vernon, thence eastwardly by the north lines of Mountver-
non and Bellgrade, to the first mentioned bounds ; and the
said town of Rome is hereby vested with all the powers,
privileges, rights and imunities with which other towns
are vested by the Constitution and Laws of this Common-
wealth.

Sec. 2d. Be it further enacted, that any Justice of
the Peace within and for the County of Kennebec is
hereby authorised to issue his warrant directed to some
suitable inhabitant of said Rome requiring him to notify
and warn the inhabitants of the said town qualifyed by law
to vote in town aflairs to meet at such convenient time
and place as shall be expressed in sd. warrant to choose
all such officers as towns within this Commonwealth are
by law required to Choose in the Months of March or
April annually. Approved March 7, 1804.

Part of 5th
section of
former act
repealed.

1803. — Chapter 135.

[January Session, ch. 59.]

AN ACT TO REPEAL A PART OF THE ACT ENTITLED "AN ACT TO
EMPOWER THE TOWN OF BOSTON, TO CHOOSE A BOARD OF
HEALTH, AND FOR REMOEVING AND PREVENTING NUISANCES,
AND FOR MAKING FURTHER ADDITIONS THERETO."

Sect. 1. Be it enacted by the Senate and House of
Representatives, in General Court assembled, dc by the
authority of the same, that so much of the fifth Section of
said Act, as prohibits the repacking of Salted meat and
fish between the fifteenth day of June and the first day of
October be, and hereby is repealed.

Sect. 2. Be it further Enacted, that whenever any
person or persons shall hereafter wish to have any salted

Acts, 1803. — Chapters 126, 127. 715

meat or fish repacked, between the fiftheenth day of June,
and the first day of October, as mentioned in the afore-
said Act, he or they shall make application to the Board of
Health, and the said Board of Hea[Z]th shall appoint one
or more of their number, to go with the Inspector Gen-
eral of fish or meats, as the case may be, or with one of
their deputies and examine said meats or fish, and if found
Sweet, may sufier the same to be repacked and not other-
wise. Approved March 7, 1804.

1803. — Chapter 136.

[January Session, ch. 60.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT GRANT-
ING A LOTTERY FOR THE PURPOSE OF RENDERING THE
LOCKS AND CANALS AT SOUTH HADLEY, PASSABLE FOR
BOATS AND RAFTS OF TIMBER, WITHOUT THE AID OF A
DAM ACROSS CONNECTICUTT RIVER."

Sect. 1. Be it enacted hy the Senate and House of
Representatives in General Court assembled, and by the
authority of the same. That for the purposes in the Act
aforesaid mentioned, a further and additional sum of Ten
thousand dollars be raised by Lottery, and that Jonathan
Dwight, Joseph Lyman Junr. John Williams and Samuel
Lathrop Esqrs. and John Buck, Merchant, be, and hereby
are appointed Managers thereof, who shall have all the
rights, and be subject to all the restrictions, Limitations
and duties, prescribed to the Managers, and mentioned in
the Act to which this is an Addition — And that this Act
continue and be in force for the term of three years, and
until the end of the next Session of the General Court,
which shall be then after, and no longer.

Approved March 7, 1S04.

1803. — Chapter 137.

[January Session, ch. 61.]

AN ACT TO ESTABLISH A TURNPIKE CORPORATION BY THE
NAME OF THE SPRINGFIE[L]D AND LONGMEADOW TURNPIKE
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 Nathaniel Ely, Jonathan Pereons
Dwight, James Dwight, William Ely, Jacob Bliss, Daniel i'>'=o^P'"-*'«'»-
Lombard, William Pynchon, Chauncy Brewer, Eleazer

716

Acts, 1803. — Chapter 127.

Corporate
Dame.

Williams, Thomas Williston, Thomas Bates, Richard
Woolworth, Moses Field, Junr. Josiah Cooley, Lewis
White, Gideon Burt, Elihu Colton, Demas Colton, Na-
thaniel Burt, Seth Steel, John Cooley 2d. Calvin Burt,
Joshua Frost, John Cooley, Alexander Field, Samuel
Colton, Oliver Blanchard, Ethan Ely, Gideon Colton
Junr. David Burt, Samuel Keep, Noah Bliss, Samuel
Keep Junr. Gaius Bliss, Hezh. Hale, Israel Colton, Wil-
liam Colton, Hanum Cooley, and Ebenezer Bliss, and all
such persons as are or shall be associated with them, and
their successors, shall be a Corporation by the name of
the Springfield and Long-meadow, Turnpike Corporation,
and shall by that name sue and be sued, and shall have a
common seal, and enjoy all the privileges, and powers
which are by law incident to Corporations for the purpose
of laying out, and making Turnpike-roads and keeping
the same in repair, that is to say, beginning from the
southerly part of the street in Springfield to wit, at the
House of Major Jacob Bliss, thence runing the nearest
and most convenient route through the Town of Longr-
meadow to the line of the State of Connecticut.

Sec. 2d. And be it further enacted, that the above
estiblis'heV"'^* mentioned persons, or any three of them, may by an
Advertisement in both of the News-Papers printed at
Springfield call a meeting of the said Proprietors, to be
holden at any suitable time and place, after fifteen days
from the Publication of said Advertisement, and the said
Proprietors, by a vote of the Majority of those present
or represented at the said meeting (in all cases counting
and allowing one 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
meetings ; and at the same or any subsequent meetings
may make and establish any rules & regulations that shall
be necessary and convenient for regulating the said Cor-
poration, for efiecting, completing and executing the
purposes aforesaid, or for collecting the toll hereafter
granted ; and the same rules & regulations may cause to
be kept and executed, or for the breach thereof may
order and enjoin fines and penalties, not exceeding thir-
teen dollars for any breach thereof : Provided such rules
and regulations are not repugnant to the Constitution and
laws of the Commonwealth ; And the said Proprietors
may also choose and appoint any other Officer or Officers

Course of the
road.

Proprietors'
meetiug to be

Acts, 1803. — Chapter 127. 717

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, regu- Records to be
lations and votes of said Corporation, shall be fairly and ^^^''
truely recorded by the said Clerk, in a book or books for
that purpose to be provided and kept. — Provided also,
that no one proprietor in this Corporation shall have more
than ten votes.

Sec. 3d. And be it further enacted, that said Corpora- corporation
tion may purchase and hold land over which they may "nYh'o"d^and.
make said road, and the Justices of the Court of General fo°r'^da°n!*aVe'B^'''
Sessions of the Peace in the county of Hampshire, are ^^enwuhout
hereby authorised, on application from the said Corpora- agreement.
tion to lay out said 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 dam-
ages which may happen 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 for the County
of Hampshire, 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 Public
highways : — Provided that whenever an excess of dam-
ages shall be assessed, the expences shall be paid b}'^ said
Corporation.

Sec. 4th. And be it further enacted, that the same width of road.
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, thro' the whole of said road ; and the made way or
path for travelliog, shall be of sufficient width, and not less
than twenty four feet wide, in any part thereof. And
when the said road shall be sufficiently made from the
house of the said Jacob Bliss through the said Town of
LongmeadoAV to the line of the State of Connecticut, and
it shall l)e allowed by any three men, to be appointed by
His Excellency the Governor of this Commonw^ealth, and
whom His Excellency is hereby Authorized to appoint for
that purpose, then the said Corporation shall be author-
ised to erect one Turnpike gate at some convenient place oate to be
within the said road. And the aforesaid Committee shall *"^'''' •
be authorised and empowered by the Governor to deter-

718

Acts, 1803. — Chapter 127.

Rates of toll.

Proviso re-
specting fellies.

Penalty for de-
laying trav-
ellers or exact-
ing illegal toll.

mine when it is sufficiently made and where the Gate shall
be erected ; provided that such gate shall not be erected
on any now existing road — and said Corporation shall be
entitled to receive at said Gate from each traveller and
Passenger the following rate of toll — Vizt. For every
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 sura of four cents for
each horse ; for every Cart or waggon, drawn by two
oxen or horses ten Cents, and if drawn l)y more than two
oxen or horses the additional sum of three Cents for each
ox or horse ; for every Curricle twelve Cents five mills,
for every Chaise, Chair or other carriage drawn by one
horse twelve Cents five mills, for every Man and Horse
five cents, for every Sled or Sley drawn by two Oxen or
horses seven Cents, and if drawn by more than two Oxen
or horses the 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 by the
dozen — and in the same proportion for a greater or less
number. Provided that nothing in this Act shall extend
to entitle said Corporation to demand or receive toll of
any person who shall be passing with his horse or carriage
to or from his usual place of Public Worship, or with his
horse, team or cattle to or from his common labor on his
farm, or to or from any grist mill or on the common or
ordinary business of family concerns within the same town
in which he lives or resides, or from any person passing
on military duty — Provided also, that not more than half
the toll before mentioned shall be paid for any Cart or
Waggon the fellies of the wheels of which shall be not less
than six inches broad, and that the General Court may
hereafter regulate the toll on carts and waggons according
to the width of the fellies of the wheels on which they
shall run, and the burthens they shall carry.

Sec. 5th. And he it further enacted, that if the said
Corporation or their toll gatherers or others by them em-
ployed shall unreasonably delay or hinder any passenger
or traveller at said 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

Acts, 1803. — Chapter 127. 719

Peace for the County of Hampshire, 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 some indi-
vidual member of said Corporation living in said County,
or by reading the same to said Treasurer or individual
member, at least seven days before the day of trial.
And the Treasurer or any individual member of said
Corporation shall be allowed to defend the same suit, in
behalf of 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
that may arise from the defect of bridges or want of re-
pairing said ways, and shall also be liable to presentment
by the Grand Jury for not keeping the same in good
repair.

Sec. 6. Be it further enacted^ that if any person, shall ^^^^^^^ '"^te
cut, break down or otherwise destroy said gate or shall or road.
dig up or carry away any earth from said road, or in
any manner damage the same, or shall forceal)ly pass or
attempt to pass by force said gate without having first
paid the legal toll at said 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. And if
any person with a team cattle or horses, turn out of said
road to pass the Gate aforesaid, and again enter said road,
with an intent to avoid the payment of the toll established
as aforesaid, such person shall forfeit and pay two dol-
lars, to be recovered by the Treasurer aforesaid, to the
use aforesaid in an Action of debt.

Sec. 7tii. And be it further enacted, that the shares shares to be
in said road shall be deemed personal Estate to all intents sonare's'tnte^^'^'
and purposes, and shall be transferable by deetl duly ac- fe^lndVuach'
knowledsfed before any Justice of the Peace and Recorded men»p/e-

~ , Y . scribed.

by the Clerk ot the said Corporation in a Book to be kept
for 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 Corporation otherwise the
attachment, or taking in execution shall be void and
such share may be taken and sold by execution in the
same manner as other personal Estate. And the officer

720

Acts, 1803. — Chapter 127.

statement of
cost of road and
annual returns
to be exhibited.

Shares of de-
linquents may
be sold.

Corporation
may be dis-
solved when
inderanitied
with interest.

leaving a Copy of such execution with the return thereon,
with the Clerk within fourteen days after such sale, and
paying for the recording thereof, shall be deemed a suffi-
cient transfer of the same.

Sec. 8th. And be it further enacted, that the said
Corporation shall within six months after said Turnpike
road shall have been compleated, lodge in the Secretary's
Office an account of all the expences of said road, and
the said Corporation shall annually exhibit to the Gov-
ernor and Council a true account of the income or dividend,
arising from said toll, with the necessary annuall dis-
bursements on said road, and the books of the said Cor-
poration, 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. 9th. And be it /wither 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 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 or
more Public News papers printed in the County of Hamp-
shire, and the 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 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 General
Court may dissolve the said Corporation whenever it shall
appear to their satisfaction that the said income arising
from said toll, shall have fully compensated the said Cor-
poration for all monies they may have expended, in pur-

Acts, 1803. — Chapter 128. 721

chasing, making, repairing and taking care of said road,
togetlier with an interest thereon, at the rate of twelve
dollars on the hundred for a Year and thereupon the
interest on the said Turnpike road, shall vest in the Com-
monwealth — Provided that if the said Corporation shall
neglect to complete said Turnpike road, for the space of
three years from the passing of this Act the same shall be
void and of no efiect.

Sec. 11th. And be it further enacted, that the said I'onmaybe

-' ' commuted.

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 said 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 JamJd'ioCr-
Corporation is hereby empowered to grant monies to such ***° persons.
persons as shall render services to the Proprietors in ex-
ploring the route, and in laying out said Turnpike road —
And the said Corporation is hereby authorised (if need
be) to purchase and hold other real estate adjacent to,
and for the accommodation of said road, to any amount
not exceeding three thousand dollars.

Approved March 7, 1804.

1803. — Chapter 128.

[January Session, ch. 62.]

AN ACT TO INCORPORATE DANIEL WALDO & OTHERS BY THE
NAME AND STILE OF THE PRESIDENT, DIRECTORS AND
COMPANY OF THE WORCESTER BANK.

Sect. 1. Be it enacted, by the Senate and House of
Representatives in General Court assembled, and by the
authority of the same. That Daniel Waldo, Isaiah Thomas, Persons
Daniel Waldo Junr. Benjamin Hey ward, William Paine, '°'=°'"p*"^*'^''*
Stephen Salisbury, Nathan Patch, William Henshaw,
Francis Blake, Nathaniel Paine, Elijah Burbank and their
associates, successors and assigns shall be and hereb}' are
created and made a Corporation by the name and stile of corporate
the President, Directors and Company of the Worcester
Bank, and shall so continue from the first Monday of
October next, untill the expiration of eight years next fol-
lowing, and by that name shall be, and hereby are made
capable in law to sue and be sued, plead and be impleaded.

722

Acts, 1803. — Chapter 128.

Corporation
may sue and be
sued, have a
common seal,
&c.

Amount of
capital.

Real estate
allowed to be
held.

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 said Corporation, and the prudent man-
agement of their aftairs ; provided such bye laws, ordi-
nances and regulations, shall in no wise be contrary to
the Constitution and Laws of this Commonwealth, and
the said Corporation shall be always subject to the rules
restrictions limitations and provisions herein prescribed.

Sect. 2. And Be it further enacted, that the Capital
Stock of the said Corporation shall consist of One Hun-
dred and Fifty thousand Dollars in Gold or Silver to be
divided into shares of one hundred dollars each, and the
said sum of One hundred and fifty thousand dollars shall
be paid in, on or before the first Monday of March in the
year of our Lord one thousand eight hundred and five,
and no discount shall be made at said Bank until 1 the Di-
rectors and Company aforesaid shall have produced satis-
factory evidence to the Governor and Council, that the
whole of said Capital Stock has been paid in, and actually
exists, in Gold and Silver in their vaults. And the Stock-
holders at their first meeting shall, by a majority of votes
determine the mode of transfering and disposing of the
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, 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 Capital stock. And the Corporation are hereby
made capable in law, to have, hold, purchase, receive,
possess, enjoy and retain to them, their successors and
assigns, lands, rents, tenements and hereditaments, to the
amount of Twenty thousand Dollars and no more, at any
one time, with power to bargain, sell and dispose of the
same lands, tenements, and hereditaments, and to loan and
negotiate their monies and eflfects by discounting on Bank-
ing principles on such security as they shall think advis-
able ; provided however, that nothing herein contained,
shall restrain or prevent the said Corporation from taking
and holding real estate in mortgage or on execution to
any amount as collateral security for the payment of any
debt due to the said Corporation.

Acts, 1803. — Chapter 128. 723

Sect. 3. And Be it further 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 said Corporation shall not issue and hSi!°°^
have in circulation at any one time, bills, notes or obli-
gations to a greater amount than twice their stock actually
paid in, and existing in Gold and Silver in their vaults,
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 Corpora-
tion or any estate real and personal, which they may hold
as a body Corporate from being also liable for and charge-
able with such excess.

Second. That the said Corporation shall not vest, use corporation not
or improve any of their monies, goods, chattels or effects *°"''''*^-
in trade or commerce l)ut 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 Purpose of reai
which the said Corporation shall hold, shall be only such
as shall be requisite for the convenient transaction of their
business.

Fourth. None l)ut a member of the said Corporation, President
beino; 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 fifteen thou-
sand dollars with conditions for the faithfull discharge of
the duties of his office.

Fifth. That for the well orderino; the affiiirs of the Meetingsof

. Btockholdcrfla

said Corporation, a meeting of the Stockholders shall be
held, at such place 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 place us shall be appointed by the President and Di-
rectors for the time being, by public notification given
two weeks previous thereto in a Newspaper printed in
Worcester, at which annual meeting there shall be chosen, Directors to be
by ballot seven directors, to continue in office the year "^
ensuing; their election ; and the number of votes to which

724

Acts, 1803. — Chapter 128.

President to be
compensated.

Board of
directors.

No bills to
be iesued for
less than fiye
dollars.

Dividends.

Officers.

Eligibility of
directors.

Location of
bank.

Shares liable to
attachment
and execution ;
manner pre-
scribed.

each Stockholder shall be entitled, shall be according to
the num])er 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 however^ that no one member shall have more
than ten votes, and absent members may vote by proxy
being authorized in writing.

Sixth. The Stockholders may make the President
such Compensation as to them shall appear reasonable.

Seventh. Not less than four directors shall constitute
a board for the transaction of business of whom the Pres-
ident shall always l)e 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
signed by the President shall be binding on the Corpora-
tion, but it shall not be lawfull for them to issue any bills
of a less denomination than five dollars, and none be-
tween five and ten dollars & thence decimally.

Ninth. The Directors shall make half yearly divi-
dends of all the profits, rents, premiums and interests of
the bank aforesaid.

Tenth. The Directors shall have power to appoint a
Cashier Clerks and such otJier Officers for carrying on
the business of said Bank with such salaries as to them
shall seem meet.

Eleventh. 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 accept-
ing an office in any other Bank shall be deemed to have
vacated his place in this Bank.

Sect. 4. And he it further enacted., that the said Bank
shall be established and kept in the Town of Worcester
aforesaid.

Sect. 5. And he 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 favour of any hona fide creditor, in the man-
ner following to wit, 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 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-

Acts. 1803. — Chapter 128. 725

her 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 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 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 not-
withstanding any intervening transfer.

Sect. 6. And he it further enacted, that any Com- Legislative
mittee specially appointed by the Legislature for the pur- ex™iifiDe*^bookJ.
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, and
after a full hearing of the said Corporation thereon it
shall appear evident that the said Corporation have ex-
ceeded the powers herein granted them or failed to comply
with any of the rules, restrictions and conditions in this
act provided, their Corporation shall thereupon be de-
clared forfeited and void.

Sect. 7th. And he it further enacted, that the per- F'"t meeting,
sons herein before named or any three of them, are au-
thorized 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
two weeks successively in the Massachusetts Spy and
National ^^]gis for the purpose of making, ordaining and
establishing such bye laws ordinances and regulations, for
the orderly conducting the affairs of the said Corporation,
as the said Stockholders shall deem necessary, and for the
choice of the first board of directors and such other offi-
cers as they shall see fit to choose.

Sect. 8th. And he it further enacted, that it shall be semiannual
the duty of the directors of said Bank to transmit to the m"dTto°gov°
Governor and Council of this Commonwealth for the time councu!"*
being on the first Mondays of January and June every
year, and as much oftener as they may require, accurate

726

Acts, 1803. — Chapter 128.

Original amount
of altered bills
to be paid.

Bank may be
taxed.

Commonwealth
may bold an
interest in the
bank.

Part of funds to
be appropriated
to loans for
benefit of the
agricultural
interest.

Money to he
loaned the Com-
monwealth
when required.

and just statements of the amount of the Capital Stock of
the said Corporation and of the debts due to the same ;
of the monies deposited therein of the notes in circulation,
notes of other banks, and of the Gold and Silver and
other coined metals on hand, which statements shall be
signed by the directors, and attested by the Cashier.

Sect. 9. And 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, which may be
altered in the course of its circulation to a larger amount
notwithstanding such alteration.

Sect. 10. 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 when they shall judge it expedient.

Sect. 11. And be it further enacted, that the Com-
monwealth shall have a right whenever the Government
thereof shall make provision by law, to subscribe to, and
become interested in the Capital stock of the said Bank by
adding thereto in a sum not exceeding one third part
thereof subject to the rules regulations and provisions to
be by them made and established.

Sect. 12. And be it further enacted, that one eighth
part of the whole funds of the said Bank shall always be
appropriated to loans to be made to Citizens of this Com-
monwealth, 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 per-
sonal bond of the borrower with collateral 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 forfeiture and right of re-
demption, as is by law provided.

Sect. 13. And be it farther enacted, that whenever
the Legislature shall require it, the said Corporation shall
loan to the Commonwealth any sum of monej'^ not exceed-
ing fifteen 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, provided however,
that the Commonwealth shall never at any one time stand
indebted to the said Corporation without their consent for
a larger sum than fifteen thousand dollars.

Ap'proved March 7, 1804.

Acts, 1803. — Chapters 129, 130. 727

1803. — Chapter 139.

[January Sesgion, ch 63.]

AN ACT TO INCORPORATE BARNARDS TOWNSHIP NUMBER ONE,
AND MILE [&] AND AN HALF STRIP ON THE EASTERN SIDE OF
KENNEBEC RIVER IN THE COUNTY OF KENNEBEC INTO A
TOWN BY THE NAME OF MADISON.

Sect. 1st. Be it enacted hy the Senate and House
of Represeiitatives in General Court assembled and by the
authority of the same^ that the Township called Barnard.s Boundaries.
township numbered One, and mile & an half strip on the
eastern side of Kennebec River in the County of Ken-
nebec, as discribed within the following bounds, with the
Inhabitants thereon be and they are hereby incorporated
into a Town by the name of Madison, beginning at the
Northwest Corner of Cornville, thence runing west about
five miles and an half to Kennebec River, thence down
said River by the Channel thereof to the Northwest Cor-
ner of Norridgwok, thence east on the North line of
Norrido-wok and Canaan so far as to intersect a line run-
ing South from the Southwest Corner of Cornville, thence
North to the Southwest Corner of said Cornville and con-
tinue north on the west line of Cornville to the first men-
tioned bounds and the said Town of Madison is hereby
vested with all the powers priviledges rights & immunities
with which other Towns are vested by the Constitution
and laws of this Commonwealth.

Sect. 2d. And be it further enacted that any Justice First meeting,
of the peace within and for the County of Kennebec is
hereby authorised to issue his warrant directed to some
suitable inhabitant of said Madison requiring him to
notify & warn the Inhabitants of the said town qualifyed by
law to vote in Town affairs, to meet at such Convenient
time & place as shall be expressed in said warrant to
choose all such Officers as towns within this Common-
wealth are by Law required to choose in the months of
March or April Annually. Approved March 7, 1804.

1803. — Chapter 130.

[January SesBion, ch. 65.]

AN ACT TO ESTABLISH THE BLUEHILL TURNPIKE CORPORA-
TION.

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

728

AoTS, 1803. — Chapter 130.

Course of the
road.

Rates of toll.

Toll may be
commuted.

authority of the same, That Samuel Bass, Ephraim Wales,
Jonathan Strong and all such persons as are, or may here-
after be associated with them, and their successors, be,
and they are hereby constituted a corporation, by the
name of the Blue Hill Turnpike Corporation for the pur-
pose of laying out, making and keeping in repair a turn-
pike road from Randolph Meeting House in the County
of Norfolk, through Scotch Woods or the Blue Hills, so
called, in the most direct and convenient route to Joseph
Babcocks in Milton, in the County aforesaid ; which road
shall not be less than four rods wide ; and the path of
travel not less than twenty feet wide in any one place.
And when said turnpike road shall be approved, and so
certified by the Court of General Sessions of the Peace
for the County of Norfolk, or by a Committee appointed
by the said Court for that purpose to be sufficiently made,
the said Corporation shall be authorized to erect one
Turnpike Gate on said road near the dwelling house of
Joseph Hunt in said Randolph, and shall be entitled to
receive from passengers the following rates of Toll Vizt.
For each Coach, Chariot, Photon 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 Curricle, twenty cents ;
for every Chaise, Chair, or other Carriage for the convey-
ance of persons, drawn by one horse, twelve cents and
five mills ; for every Cart or Waggon, drawn by two oxen
or horses, ten cents ; and if drawn by more than two oxen
or horses, an additional sum of two cents and five mills
for each ox or horse ; for every horse cart, or waggon
drawn by one horse eight cents, for every Sled drawn by
two oxen or horses eight cents if drawn by more than
two oxen or horses an additional sum of two Cents for
each ox or horse ; for every Sleigh drawn by two horses
twelve cents and five mills, for every Sleigh or Sled
drawn by one horse six cents — for all horses, oxen,
mules 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
however, that the said Corporation may, if they see fit,
commute the rate of toll with any person, or with the In-
habitants of any Town, by taking of him or them a cer-
tain sum annually, to be mutually agreed upon in lieu of
the toll aforesaid, and provided also, that no toll shall be

Acts, 1803. — Chapter 130. 729

taken of any person passing said road when on Military

duty, or to or from Public Worship, to or from any

mill, or about his common and ordinary business within

the Town wherein he resides — provided nevei'iheless, that fpeJii^DVfeiiies.

not more than half the toll before mentioned, shall be

paid for any Cart or Waggon, the fellies of the wheels of

which shall be not less than six inches broad, and that the

General Court may hereafter regulate the toll on Carts

and Wago;()ns according to the width of the fellies of the

wheels on which they shall run, and the burthens they

shall carry. — And the said Corporation shall at the place

where the toll shall be collected — erect and keep constantly

in public view, a sign or board with the rates of toll of

all the tollable articles fairly & legibly written in large or

capital Characters.

Sect. 2nd. And be it further enacted, that the said nay^pu^chase
Corporation, may purchase and hold lands over which anduTlfeHabie
they may make said road, and the Justices of the Court for damages
of General Sessions of the Peace for the County of Nor- taken without
folk, are hereby authorized on application of said Corpo- ^^reement.
ration, 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
which may arise to any person, by taking his land for
said road, when the same cannot be obtained by volun-
tary agreement, to be estimated by a Committee of the
Court of General Sessions of the Peace, in the County
of Norfolk, saving to either party the right of trial by
Jury, according to the law which makes provision for the
recovery of damages arising from laying out highways —
provided that whenever an excess of damages shall l)e as-
sessed the expences shall I)e paid by said Corporation.

Sect. 3rd. And be it further enacted, that if said deiayiug^uav
Corporation, their toll gatherer or others in their employ, ^cung°liegai
shall unreasonably delay or hinder any passenger or to"-
traveller at said 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
one dollar, to be recovered before any Justice of the
Peace in the County of Norfolk, by any person injured,
delayed or defrauded in a special action on the case, the
writ in which shall be served on said Corporation, by
leaving a Copy of the same with their Treasurer, or with
some individual member of said Corporation, living within

730

Acts, 1803. — Chapter 130.

Penalty for In-
juiiug gate or
road .

Shares to be
considered per-
sonal estate;
mode of trans,
fer and attach-
ment pre-
scribed.

First meeting.

the County aforesaid, or by reading the contents thereof
to the said Treasurer or individual member, who shall he
allowed to defend the same suit, in behalf of said Corpo-
ration. And the said Corporation shall be liable to pay
all damages which shall happen to any person from whom
toll by this act is demandable, for any injury which shall
arise from defect of bridges, or want of repairs, within
the same way ; and shall also be liable to a tine on pre-
sentment of the Grand Jury, for not keeping the same,
or the bridges thereon, in good repair.

Sect. 4th. And be itfai'ther enacted, that if any per-
son shall cut, break down, or otherwise injure or destroy
the said Turnpike Gate, or shall forcibly pass, or attempt
to pass by force, without first paying the legal toll at such
gate, such person shall forfeit and pay a tine not exceed-
ing fifty dollars, nor less than five dollars, to be recovered
by the Treasurer of said Corporation, to their use, in an
action of trespass ; and if any person shall, with his team,
cattle, carriage or horse, turn out of said road, to pass
the said turn})ike 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 two dollars,
to be recovered by the Treasurer of the said Corporation
to the use thereof in an action of debt.

Sect. 5th. And. be it further enacted, that the shares
in the same Turnpike road, shall be taken deemed and
considered to be personal estate to all intents and pur-
poses, 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 the said Corporation, in a Book to be kept for that pur-
pose. 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 the 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 ex-
ecution ; and the oflScer making the sale, or the judgment
creditor shall leave a Copy of the execution, and the
Officers return on the same, with the Clerk of the said
Corporation within ten days after such sale, and paying
for the recording the same.

Sect. 6th. Arid be it further enacted, that a meeting
of said Corporation shall be held at the house of Jonathan

Acts, 1803. — Chapter 130. 731

Spear Innholder in the Town of Randolph aforesaid on the
second Monday in March next for the purpose of choosing
a Clerk, and such other officers as may then and there
be agreed upon by the said Corporation for regulating
the concerns thereof, (in all cases counting and allowing
one vote to each single share) and that said Corporation
may then and there agree upon such method of calling
future meetings, as they may think proper ; and all repre-
sentations 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 and votes of the said Corporation shall
be fairly and truly recorded by the said Clerk, in a Book
or Books to be provided and kept ; provided that no one
proprietor in this Corporation shall have more than ten
votes.

Sect. 7th. And he fit] further enacted, that said Cor- statement of
poration withm six months after the said road is com- annual returns
pleated shall lodge in the Secretary's Office an account of
the expences thereof, and shall annually exhibit to the
Governor and Council, a true account of the dividends or
income arising from the said toll, with their necessary
annual disbursements on the 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 and Council
when called for.

Sect. 8th. A7id be it further enacted, that whenever sharc«ofde-

. . I 11 1 . /• i i linquents may

any proprietor shall neglect or retuse to pay any tax or besoui.
assessment duly voted and agreed upon by said Corpo-
ration, 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 some
Newspaper printed in Boston, the sum due on any such
shares, and the time and j)lace 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 thus sold, to the
person purchasing. And on producing a Certificate of
such sale from the Treasurer to the Clerk of said Corpo-
ration, the name of such purchaser, with the number of
shares so sold, i-luill he, by the Clerk entered on the book
of the said Corporation, and such person shall be consid-

732

Acts, 1803. — Chapter 131.

Corporation
may be (lis-
solved when
indecnnitied
with interest.

Money may be
granted to cer-
taio persons.

ered 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 shares were thus
sold.

Sect. 9th. And be it further enacted, that the Gen-
eral Court may dissolve the said Corporation, whenever
it shall appear to their satisfaction, that the income aris-
ing from said toll, shall have fully compensated the said
Corporation 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 by the year, and thereupon the prop-
erty of the said road shall be vested in this Common-
wealth 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 & of no effect.

Sect 10th. 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, pre-
vious to this act of Incorporation.

Approved March 7, 1804.

Persons incor-
porated.

Corporate
name.

Corporation
allowed to hold
estate, make
bye-laws, &c.

1803. — Chapter 131.

[January Session, ch. 66.]
AN ACT TO INCORPORATE THE MERRIMACK HUMANE SOCIETY.

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 m. d. Dudley
A. Tyng and Ebenezer Stocker Esquires, Dr. Nathaniel
Bradstreet, William Woart, Reverend Thomas Cary,
Reverend Samuel Spring, Reverend John Andrews, Rev-
erend Daniel Dana and Reverend Isaac Smith, William
Coombs and Nicholas Johnson Esquires, Dr. Nathaniel
Saltonstall, Dr. Samuel Nye and Reverend Joseph Dana
D. D. with their Associates, and such others as shall here-
after l)ecome members thereof, be and they hereby are
incorporated and made a Body Politic and corporate, by
the name of the Merrimack Humane Society.

Sec. 2d. Be it further enacted, that the said Society
may have and use a common Seal, and the same may
break, alter and renew at pleasure ; shall be capable of

Acts, 1803. — Chapter 132. 733

suing or being sued in any actions real, personal, or mixed
in any Court proper to try the same ; shall or may take
and hold in Fee Simple or otherwise, by Gift, Grant or
Devise, any Estate, real or personal, the aggregate annual
income whereof shall not exceed one thousand dollars, and
may sell and dispose thereof at pleasure, not using the
same in Trade or Commerce ; may make and execute any
bye-laws and rules for the Government of the Society
which they may think expedient, not repugnant to the
Laws of this Commonwealth, and may at their discretion
annex Penalties for the breach thereof not exceeding ten
dollars ; and may appoint such officers and invest them
with such Powers and Duties as they shall think tit.

Sec. 3d. And be it further enacted, that the end and ^.S"''^'^^
design of the institution of the said Society is for the re-
covery of persons who meet with such accidents as pro-
duce in them the appearance of Death, and for promoting
the cause of Humanity, by pursuing such means from
time to time, as shall have for their object, the preserva-
tion of human life, and the alleviation of its miseries.

Sec. 4th And be it further enacted, that Micajah f'"-*' ">««"'^8-
Sawer Esquire be and he hereby is authorised, to ap-
point the time and place for holding the first meeting of
said Society, and to notify the members thereof by adver-
tizing the same, in the News-papers printed in Newbury-
port and Haverhill. Approved March 7, 1S04.

1803. — Chapter 133.

[January Besgion, ch. 67.]

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT REGU-
LATING BAIL IN CIVIL ACTIONS.

Whereas doubts have arisen touching the remidy where •
Bail has been taken in civil actions before Justices of the
Peace. —

Sp:c. 1st. Be it therefore enacted by the Senate and
House of Representatives in General Court assembled and
by the authority of the same. That whenever Bail shall peace em**/ '''^
hereafter be taken on mesne process in any civil action powered.
triable before any Justice of the Peace and there shall
have been a return of non est inventus upon the Execution
which issued on a Judgment rendered on such process the
said Justice may proceed within one year from the rendi-
tion of such Judgment to issue a Scire Facias u{5on the

734

Acts, 1803. — Chapter 132.

same Judgment against

When the bail
may be dis-
charged.

Warrant for
committing a
principal when
surrendered.

the original Judgment when
sum of thirteen dollars and
Plaintiff shall be entitled to
in other cases on such Scire

such Bail which writ being duly
served Seven days at least before the time therein set for
trial and returned, the said Justice may proceed to take
cognizance thereof and if no just cause is shewn to the
contrary to render Judgment against such Bail for the
debt or damage and costs recovered against the Principal
with additional damages and costs and to issue Execution
accordingly — And it shall be no bar to such Scire Facias
that the debt and costs on
added together exceed the
thirty three Cents but the
receive his costs of suit as
Facias.

Sec. 2d. And he it further enacted that if the Bail
shall at any time before final Judgment upon the original
suit is rendered against him, or upon the return of such
Scire Facias and before Judgment thereon shall be ren-
dered against him bring his principal before such Justice
and shall procure the Sherift" of the County or his Deputy
or any Constable of the town wherein such Justice may
reside to attend and receive him said Justice shall there-
upon order him into the custody of such officer and the
Principal shall be committed to Goal and there remain
and be proceeded with, as is provided in the Act to which
this is in addition, and upon the Payment of the costs
which may have arisen on such Sci7'e Facias the Bail
shall be discharged from their Surety-ship as in other
cases.

Sec. 3d. And be it further enacted. That when any
principal surrendered as aforesaid shall be ordered into
custody the said Justice shall make out and deliver to the
officer receiving him a warrant or mittimus of the tenor
following to wit

Commonwealth of Massachusetts.

ss. To the Sheriff of the County of or his Deputy

or to any Constable of the town of and to the Keeper

of the Goal in said County

[seal.] Greeting.

Whereas A. B. of C. in said County, addition, at a
Court this day holden before me has been surrendered by
D. E. of F. in said County who was Bail for the said

A. B. in an action wherein one G. H. was Plaintiff and
the said A. B. was Defendant you the said Shcrifi', Deputy

Acts, 1803. — Chapter 133. 735

Sherift' and Constable are severally required to receive
the said A. B. into your custody and him fourthwith to
convey to the Common Goal of said County and you the
said keeper are hereby required to receive the said A. B.
in order to his being taken in Execution upon the suit
aforesaid — Hereof fail not and of this warrant and your
doings thereon you are to make due return to myself as
soon as may be — Given under my hand and Seal the
day of Anno Domini.

Justice of the Peace.

And if the Plaintiff shall not within thirty days next after P"°<='p_»i "^v

* D6 Ui8CDftr£6d

such surrender in case the same shall be made upon under certain
Scire Facias or if the same shall be made upon the origi-
nal process then within thirty days next after final Judg-
ment, take the said Principal in Execution, He shall be
discharged upon his paying the legal prison fees.

Sec. 4th. Be it further enacted. That it shall be the An officer
duty of any Officer as aforesaid upon the request of such receive°a pHn-
person or persons being Bail as aforesaid to repair to said deied!""^°
Justices Court in order to receive the Principal as aforesaid
and such officer shall ])e allowed and paid by the Bail for
his receiving and committing said Principal on said war-
rant or mittimus, the same fees as are provided by law
for committing any Defendant to Prison on mesne process.
And all and ever}'^ such Officer or Officers shall have the
like power and authority and shall be under the like
obligations in all respects and regards whatsoever to ex-
ecute and return such warrant or mittimus issued by such
Justice upon the surrender as aforesaid, as he or they by
law have and are under, to execute and return any Writ
or Execution whatever and shall be subject and liable to
all the like action or actions for any fraud or falsehood
and neglect of their duty as is provided by law in other
cases. Apijroved March 7, 1804.

1803. — Chapter 133.

[January SesBion, cb. 68.]

AN ACT PROVIDING FOR THE APPOINTMENT OF A REPORTER OF
DECISIONS IN THE SUPREME JUDICIAL COURT.

Section 1. Be it enacted hy the Senate and House of
liepresentatives in General Court assembled, and hy the
Authority of the same — That His Excellency the Govern- a reporter to
our by and with the advice of the Council, shall, as soon

73G

Acts, 1803. — Chapter 134.

Compensation.

Tiimitation of
the act.

as may be, after the passing of this Act, appoint some
suitable person, learned in the Law, to be a Reporter of
the decisions of the supreme Judicial Court, who shall be
sworn to the faithful discharge of his duty, and shall be
removeable at pleasure of the executive ; whose duty it
shall be by his personal attendance, and by any other
means in his power to obtain true and authentic reports
of the decisions, already made, or that may be hereafter
made by said Court, and shall annually publish the same.

Section 2. A7id be ii further enacted by the authority
afoi'esaid. That the said Reporter shall receive out of the
Treasury of this Commonwealth One thousand Dollars
annually which together with the profits arising from the
publication of his said Reports, shall be full compensation
for his services aforesaid ; & that the money paid by per-
sons admitted to practice as Attorney's in the Supreme
Judicial Court, shall be a fund for the payment of said
sum, and if insufficient to be paid out of any other monies
in the Treasury not otherwise appropriated.

Section 3. Be it further enacted, That this Act shall
continue in force during the term of three years from the
passing the same, and no longer.

Approved March 8, 1804.

Passage ways,
&c., to be
opened April
10, annually.

Time for taking
tish prescribed.

1803. — Chapter 134.

[January Session, ch. 69.]

AN ACT IN ADDITION TO <'AN ACT TO REGULATE THE ALEWIFE
FISHERY IN THE TOWNS OF LYNN, LYNNFIELD & READING IN
THE COUNTIES OF ESSEX & MIDDLESEX, AND FOR REPEAL-
ING ALL LAWS HERETOFORE MADE FOR THAT PURPOSE."

Section 1 . Be it enacted by the Senate and House of
Representatives, in General Court assembled, and by the
Authority of the same. That the Committees chosen and
Appointed as required by the fou[r]th Section of the Act
to which this is an Addition, shall cause the natural course
of the rivers, passage ways or streams, through which the
fish mentioned in said Act shall or may pass, to be opened,
in each year, on the tenth day of April.

Section 2. Be it further Enacted, That no person or
persons, authorised by the Act to which this is in an Addi-
tion, to take fish in any river, stream, or passage way as
in said Act is mentioned, shall take any fish as aforesaid,
except on Mondays, Tuesdays and Wednesdays, in each

Acts, 1803. — Chapters 135, 136. 737

week, any thing in the said Act to the contrary notwith-
standing.

Section 3. Be it further Enacted, That if any per- Penalty for ex-
son or persons shall extend any Weir or other obstruction &c. acfors^ihe
across said river, stream, or passage way, or shall extend, "^^'^*
fasten & confine any seine across the same, the person or
persons so offending shall be subject and liable to, and
shall forfeit and pay such sum as is provided in the second
section of the Act to which this is in Addition, to be re-
cove rd and appropriated as in said Act is described.

Approved March 5, 1804.

1803. — Chapter 135.

[January Session, ch. 70.]

AN ACT TO REGULATE THE TAKING OF MACKEREL AND TO PRE-
VENT THE DESTRUCTION OF THE SAME.

Whereas the practice of taking Mackerel with Seines and
Nets, in the Spring of the year, while they are lean, and
before they have cast their Spawn, renders them of small
value, and has a direct tendency to destroy that valuable
species of Fish — to prevent which ,

Be it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the Authority
of the same, That if any person or persons from and after
the passing this Act, between the first day of April and
the first day of July, annually, shall, within any of the
Bays, Harbours, or Inlets, — or near any of the Shores
within this Commonwealth, take, with any Seines, Nets,
or wears, any Mackerel, the person or persons so offend-
mg, shall forfeit and pay a fine not exceeding ten Dollars,
nor less than four Dollars, for every barrel of Mackerel
taken as aforesaid, and so in proportion for a greater or
less quantity ; — to be recovered in an Action of the Case ;
One moiety thereof to the use of this Commonwealth, and
the other Moiety thereof to the use of him or them who
shall prosecute therefor. Approved March 8, 1804.

1803. — Chapter 136.

[January Session, ch. 71.]

AN ACT TO CHANGE THE NAMES OF GEORGE PARKER, NATHAN-
IEL APPLETON, CHARLES APPLETON, HENRY ATWATER, NA-
THANIEL SHERMAN, JOHN ANDREWS, AND JOHN APPLETON.

Be it enacted, by the Senate and House of Representa-
tives, in General Court assembled, and by the authority

738

Acts, 1803. — Chapter 137.

of the saine. That George Parker, of Dunstable, in the
County of Middlesex, a minor, son of Levi Parker, of
Peterborough, in the state of New Hampshire, be, and
hereby is allowed to take the name of George Wright ; —
That Nathaniel Appleton, son of Nathaniel Walker Ap-
pleton, late of Boston, Physician, deceased, be allowed to
take the name of Nathaniel Walker Appleton ; — That
Charles Appleton, son of the said Nathaniel Walker Ap-
pleton, be allowed to take the name of Charles Henderson
Appleton ; — That Henry Atwater, son of Russell At-
water, of Blandford, in the County of Hampshire, be
allowed to take the name of Jedediah Smith Atwater ; —
That Nathaniel Sherman, son of Isaac Sherman, of New
Bedford, be allowed to take the name of Nathaniel Church
Sherman; — That John Andrews, of Boston, son of
Benjamin Andrews, late of Boston, deceased, be allowed
to take the name of John Hichborn Andrews ; That John
Appleton, Junr., son of John Appleton, of Salem, be al-
lowed to take the name of John Sparhawk Appleton. —
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 aforesaid, and the
same shall be considered as their only proper names to
all intents and purposes. Approved March 8, 1804.

Fish not to be
taken in Ell
Pond, &c.

Water not to
be drawn off
except by
license.

1803. — Chapter 137,

[January Session, ch. 72.]

AN ACT IN ADDITION TO, AND REPEALING THE FOURTH SECTION
OF AN ACT ENTITLED "AN ACT FOR PROVIDING A PASSAGE
FOR FISH FROM MYSTIC RIVER TO ELL-POND IN THE TOWN
OF MALDEN."

Sec 1st. Be it enacted by the Senate, and House of
Representatives in Ge^ieral Court assembled and by the
authority of the same, that it shall not be lawfull to take
shad, or alewives in Ell-pond, in the Town of Maiden, or
in any part of the stream runing therefrom into Mystic
river, and any person offending herein shall for each of-
fence forfeit, and pay a sum not more, than twenty dol-
lars, nor less than five dollars to be recovered by an action
of debt, before any court proper to try the same, one
half to the use of the town of Maiden, the other half to
the use of him or them, who may sue therefor.

Sec 2d. A^id be it further enacted, that Samuel Tufts
mentioned in the act, to which this is in addition or any

Acts, 1803. — Chapter 138. 739

other person, from the fifteenth day of April to the fif-
teenth day of May annually, shall not draw off the water
from the said stream, so as to reduce the same below the
passage way mentioned in said act unless by licence from
the fish committee appointed by said town of Maiden, and
if by virtue of such licence the said Samuel Tufts, or any
other person shall reduce the water below the said pas-
sage way, the person who shall so reduce the water shall
be held to make, and keep open some other passage way
for said fish to the acceptance of the Committee aforesaid,
and if there shall be at any time more than one Mill on the
said stream, the owners thereof shall be held to make and
keep open during the term aforesaid a passage way by
each Mill, and the Committee shall have power to deter-
mine the sufficiency of such passage way, and also to
regulate the time of grinding for each Mill, so that the
time allowed to all the Mills may be equal to thirty days
grinding of one Mill from the fifteenth day of April to
the fifteenth day of May annually, and any person offend-
ing against either of the provisions of this Section shall
forfeit, and pay not more than twenty dollars, nor less
than ten dollars, to be recovered by an action of debt be-
fore any court proper to try the same, one half to the use
of the Town of Maiden, the other half to the use of him
or them, who may sue therefor.

Sec. 3d. And be it further enacted, that the fourth Part of former

1 • 1 1 • • T T • 1 II "''' repealed.

section of the act, to which this is an addition, be and the
same hereby is repealed, and this Act is to continue, and
be in force, untill the expiration of the said Act, and no
longer. Approved March 9, 1804.

1803. — Chapter 138.

[January SeBBion, ch. 73.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
or THE TOWN OF CHARLTON INTO A SEPERATE RELIGIOUS
SOCIETY BY THE NAME OF THE FIRST BAPTIST SOCIETY
IN SAID CHARLTON.

Sec. 1st. Be it enacted by the Senate, and House of
Representatives in General Court assembled and by the
authority of the same, that Benjamen Rich, Robert Fits, ^^rat'ed '°'^°'^'
Roger Bartlett, Asa Bacon, John Warren, Uriah Con-
verce, Eli Jones, Lemuel Green, Daniel E. Adams, Eb-
enezer White, Jacob Manning, Abijah Lamb, Ebcnezer
Lamb, Benjamin Wheelock, Philip Clemens, Aaron Ham-

740

Acts, 1803. — Chapter 138.

Corporate
Dame.

Method of
leaving the
Boclely.

Rights in
meeting-house.

First meeting.

mond, Daniel Streeter, Daniel Bacon, Samuel Robinson,
Luke Converce, Adam Wheelock, Doctr. Job Brackee,
John Gorton, Amos Wheelock, James Melendy, David
Bates, Daniel Bacon jun., Amos Putnam, Robert Mc-
Intire, Robert Mclntire jun., Sarah Mclntire, and Asa
Clemens with their families, and estates, together with
such others as may hereafter associate with them, and
their successors, be, and they hereby are incorporated
into a distinct religious society by the name of the first
Baptist society in Charlton with all the Powers and
priviledges, rights, and immunities, to which other Par-
ishes are intitled by the Constitution and Laws of this
Commonwealth.

Sec. 2. Be it fiLvther enacted ^ that any person belong-
ing to the said society, who may at any time hereafter see
cause to leave said society, and shall desire to join with
any other religious society in the said Town, and shall
give in his, or her name to the Clerk of each of said relig-
ious societies, that he or she has united with and actually
become a member of such other religious society, twenty
days at least previous to the annual meeting of each of
said Societies, in the Months of March or April and shall
pay his, or her proportion of all monies granted in the
said society, previous thereto, such person shall there-
after, with his, or her Poles, and Estates be considered as
a Member of the Society, with which he or she has so
united.

And whereas the persons incorporated by this Act into
a religious society, are owners in their private capacity of
part of a meeting House in the North part of Charlton in
company with sundry other individuals of difierent relig-
ious Denominations :

Sec. 3. Therefore, he it further enacted, that this act
is not intended, nor shall be construed to give any new
powers to the Baptist Proprietors of said House, in regard
to the use, or improvement of the same.

Sec. 4. Be it further enacted, that the Hon'ble. Sa-
lem Town Esq. be, and is hereby authorized to call the
first meeting of said Society. Approved March 9, 1804.

Acts, 1803. — Chapter 139. 741

1803. — Chapter 139.

[January Session, ch. 74.]

AN ACT TO REPEAL IN PART, AND MAKING FURTHER ADDI-
TIONS TO AN ACT, ENTITLED, "AN ACT TO REGULATE THE
INSPECTION OF BEEF, INTENDED TO BE EXPORTED FROM
THIS COMMONWEALTH."

Sect. 1. Be it enacted by the Senate and Houne of
liepresentatives, in General Court assembled, and by the
authority of the same. That from and after the first day Pan of former
of April next, so much of the fourth Section of said Act, '''="^«p«'*'«<^-
as allows those parts that are excluded from Mess, JVo.
1. and iVb. 2. to be packed for exportation, and to be
marked Refuse, is hereby repealed.

Sect. 2. Be it further enacted. That those parts of whatsbaii
Beef which are excluded from Mess JVo. 2. and JVo. 2. brand no. 3.
in the aforementioned Act (not including Hearts nor
Cheek pieces) shall, after the first day of April next, be
packed and inspected, by the Inspector General, or his
Deputys, in the same manner as JVo. 1. or JVo. 2. and
shall be branded No. 3 ; first taking from said i)ieces, ex-
cluded as aforesaid, vizt. the end of the Neck weighing
not less than four pounds nor more than Six pounds ; and
from the Shank and shin of each quarter, not less than
four pounds, nor more than eight pounds, which pieces,
thus excluded, shall not be exported from this Common-
wealth.

Sect. 3. Be it further enacted. That the Hearts and ^^'"j.'g*".
Cheek pieces of Beef may be inspected, and when thus inspected.
inspected, shall be branded Hearts and Cheeks.

Sect. 4. Be it further enacted. That there shall be Fees.
paid by the Employer to the Inspector General, or his
Deputies, for their services, and for those Labourers &
Coopers, which they may employ, for the ])urposes of
cutting, weighing, packing, salting & coopering, twenty-
five Cents a barrel, for any quantity under fifty barrels,
and sixteen Cents for each half barrel, under that num-
ber, and in packing Houses where larger quantities are
put up and with more convenience, they shall only re-
ceive twenty cents, for each barrel, and for each half
h2iYYe\ fourteen Cents — exclusive of the fees mentioned
in said Act for Inspecting and Branding, and for repairing
defective Casks. Approved March 9, 1804.

New term.

742 Acts, 1803.— Chapters 140, 141.

1803.— Chapter 140.

[January Session, ch. 75.]

AN ACT TO ALTER THE TIME OF HOLDING THE COURTS OF COM-
MON PLEAS AND GENERAL SESSIONS OF THE PEACE, WITHIN
AND FOR THE COUNTY OF ESSEX IN THE MONTH OF MARCH.

Sect. 1. 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, the Courts of Common Pleas and General Ses-
sions of the Peace, which by law are to be holden at Ips-
wich within and for the County of Essex on the second
Tuesday of March, shall be holden at Ipswich on the last
Tuesday of March annually.
made"retifrna- Sect. 2. Be it further enacted. That all Actions,
t*e'?m°"^"' Suits, Writs, Processes, Precepts, Appeals, and Recog-
nizances, already commenced, sued out, or made, or that
may be hereafter commenced, sued out or made returnable
to either of the Courts aforesaid, on the Second Tuesday
of March instant, shall be returnable to, entered, made,
proceeded upon, prosecuted, tried and determined at the
Term of said Courts to be holden on the last Tuesday of
March instant by virtue of this Act.
Hshed.^^^''^' Sect. 3. And be it further enacted. That the Secre-
tary cause this Act to be published forthwith in the New
England Palladium, and in the several news papers printed
in the County of Essex. Approved March 9, 1804.

1803. —Chapter 141.

[January SeesioD, ch. 76.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR THE
DUE REGULATION OF WEIGHTS AND MEASURES."

Whereas the Troy weights used by the Treasurer of this
Gommomvealth as State Standards, have, by long use,
diminished, & undergone an alteration in their propor-
tions :

Sect. 1. Be it therefore enacted by the Senate & House
of Representatives, in General Court assembled, and by the
Troy weights authority of the sarne, That for correcting the dispropor-
to be corrected, tions & repairing the dimu [z]ni [it] tion aforesaid, the treas-
urer be, & he hereby is authorized & directed to add or
cause to be added, to the said Troy Weights respectively,
as follows, Viz. To the weight of one hundred & twenty-

Acts, 1803. — Chapter 141. 743

eight ounces, the further weight of twenty-seven grains —
to the weight of sixty four ounces, the further weight of
fifteen grains — to the weight of thirty two ounces, the
further weioht of six grains — to the weight of sixteen
ounces, the further weight of seven grains — to the weight
of eight ounces, the further weight of four & an half grains
— to the weight of four ounces, the further weight of two
& an half orains — to the weig'ht of two ounces the further
weight of two & an half grains — to the weight of one
ounce, the further weight of two grains — to the weight
of half an ounce the further weight of one quarter of a
grain ; or procure new weights of the same denomina-
tion, & conformable to the said State Standards, with the
additions aforesaid respectively ; which weights, so cor-
rected, shall be the Standards of Troy weight for this Com-
monwealth.

Sect. 2d. And be it further enacted, That the Di- fo'be a'^Sy
rectors of the several Banks, which are or shall be incor- p''°,^^^'*°^
porated within this Commonwealth, shall, annually, in
the month of June, at the expence of said Banks, have all
the weights used in their respective Banks, compared,
proved & sealed by the Treasurer, or by some person
specially authorized by him for that purpose ; which shall
supersede, so far as respects such Banks, the sealing of
Troy weights by the Town or District Sealer, as required
by the Act to which this is in addition ; & no tender of
Gold by any Bank in this Commonwealth, weighed with
weights other than those compared, proved & sealed as
aforesaid, shall be legal. And to prevent the unavoidable Goidtobe
imperfection of Scale Beams from operating unequally in na^teVin each'
payments of Gold, the payer or receiver may require that 8<=«'«*f '■eq""«<i'
the Gold shall be weighed in each scale, so that the in-
equality of the different ends of the beam, if any, may be
ascertained, & the mean weight resulting therefrom shall
be considered as the true weight of the parcel of Gold so
to be paid or received.

Sect. 3d. And be it further enacted, that it shall be Proving of town
the duty of the several County Treasurers, at the expence Bundardsf
of their respective Counties, before the first day of July
next, & once in every ten years afterwards, to have their
County Standards of Troy weight compared, proved, and
sealed by the Treasurer of the Commonwealth, or some
person by him thereto specially authorized, & it shall
be the duty of the Treasurers of the several Towns & Dis-

744

Acts, 1803.— Chapter 142.

tricts, at the expence of their respective towns & districts,
within one year after the first day of July next, & once in
every ten years afterwards, to have their town & district
Standards of Troy weight compared, proved & sealed by
the Treasurer of the Commonwealth, or of the County
wherein such Town or District shall be, or some person
thereto specially authorized by said State or County
Treasurer. Approved March 9, 1804.

Fairfax
incorporated.

Boundaries.

First meeting.

1803. — Chapter 143.

[January Session, ch. 77.]

AN ACT TO INCORPORATE THE PLANTATION HERETOFORE
CALLED FREETOWN, IN THE COUNTY OF KENNEBEC, INTO
A TOWN BY THE NAME OF FAIRFAX.

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 Plantation heretofore
called Freetown, in the County of Kennebec, described
within the following bounds with the Inhabitants thereon
be, and they are hereby incorporated into a town, by the
Name of Fairfax — Vizt., beginingat the Southeast corner
of the town of Winslow, thence runing east-south-east
six miles, thence north-north east six miles, thence west
north west four miles, thence South south west two hun-
dred and fifteen rods to the south-east corner of the Town
of Clinton, thence west north-west two miles to the North-
east corner of Winslow, thence south-southwest on the
east line of said Winslow to the first mentioned bounds,
with the inhabitants thereon, be, and the same are hereby
incorporated into a town by the name of Fairfax, and the
said town of Fairfax is hereby vested with all the powers,
privileges aud immunities to which other towns are inti-
tled, by the Constitution and laws of this Commonwealth.

Sec 2d. And he it further enacted, that any Justice
of the Peace within and for the County of Kennebec be
and hereby is impowered and required to issue his war-
rant directed to some principal inhabitant of said town of
Fairfax, requiring him to notify and warn the inhabitants
of the said town, quallifyd to vote in town affairs; to
meet and assemble at such time and place in said town,
as shall be expressed in said warrant, to choose all such
officers as towns within this Commonwealth are by law
authorised and required to choose in the months of March
or April annually. Approved March 9, 1804.

Acts, 1803. — Chapter 143. 745

1803. — Chapter 143.

[January SesBion, oh. 78.]

AN ACT IN FURTHER ADDITION TO AN ACT, ENTITLED, AN
ACT ESTABLISHING THE NORFOLK & BRISTOL TURNPIKE
CORPORATION.

Preamble.

W7iereas it hath been represented by the said Norfolk <&
Bristol Turnpike Corporation that, for the more conven-
ient and equitable collection of their toll on that part of
the said Turnpike Road which leads from the Court-House
in Dedham to the brick School-House in Roxbury, it would
be expedient to divide the rates of toll, and to erect two
turnpike-gates instead of the one now established by law ;
therefore,

Sect. 1. Be it enacted by the Senate, <& House of
Representatives, in General Court assembled, & by the
authority of the same, That the said Norfolk & Bristol ^fj^fd*^"
Turnpike Corporation be, & hereby is authorized & em-
powered in lieu of the one gate now established by law
to erect one gate on the said Turnpike Road between the
new bridge over the mill-creek, so called, in Dedham,
and the house of Capt. Isaiah Dunster, in Roxbury ; and
one other gate on said road, between the house of said
Dunster and the house of William McCarty, in said Rox-
bury ; and when the same are erected, shall be entitled to
demand and receive at each of the said two gates, in lieu
of the toll established by law at the one gate now erected,
the following rates of toll, viz.. For every Coach, Phaeton, ToiicBtab-
Chariot or other four wheel Carriage, drawn by two horses, "*'^®'^-
twelve cents & an half, and if drawn by more than two
horses an additional sum of two cents for each horse ; For
every Curricle nine cents ; For every Cart, Waggon, Sled
or Sleigh, drawn by two oxen or horses, five cents, and
if drawn by more than two, an additional sum of two
cents for each ox or horse ; For every Chaise, Chair, or
other carriage drawn by one horse, six cents & one fourth
of a cent ; For every waggon. Cart, Sled or Sleigh drawn
by one horse or ox, three cents ; For every man and horse
two cents ; For all oxen, horses, mules or neat cattle, led
or driven, besides those in teams and carriages, one half
cent each ; For all sheep & swine, one cent by the dozen,
& in that proportion for a greater or less number. And
to the end that the said Corporation may not be defrauded
of the legal toll as aforesaid :

746

Acts, 1803. — Chapter 144.

Certain trav-
ellers liable to
toll, although
they should not
pass a partic-
ular gate.

Real estate.

Sect. 2d. Be it further enacted^ that any person
travelling on any part of the said Turnpike road, be-
tween the house of Capt. Isaiah Dunster, in Roxbury,
& the more easterly of the two lanes that cross the said
Turnpike Road near the house of Thomas Weld in said
Roxbury, except such persons as are exempted from pay-
ing toll by the act to which this is in further addition ;
also all persons traveling to or from Dorchester & Rox-
bury on the road commonly known by the name of the
Walk hill or Canterbury road, & not passing either of
said gates, and turning off from the said Turnpike road
so as to avoid passing the next gate and paying toll
thereat, shall, with his carriage, sleigh, team, horses &
cattle be liable to pay the same toll as if he actually
passed such gate.

Sect. 3d. And he it further enacted, that the said
Norfolk & Bristol Turnpike Corporation be & hereby is
authorized & empowered to purchase and hold real or any
other estate to an amount not exceeding the sum of thirty
thousand dollars Approved March 9, 1804.

Persons incor-
porated.

Corporate
Dame.

1803. — Chapter 144.

[January SeBsion, ch. 79.]

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE
WISCASSET AND DRESDEN TUR[A'^]PIKE CORPORATION.

Section 1st. Be it enacted by the Senate <& House of
Iiep7'esent\_a] [ildves, in General Court Assembled, and by
the authority of the Same, That Jeremiah Bailey, Jonathan
Bowman junior, William Bowman, Alden Bradford, Moses
Carlton junior, Joseph Christophers, James Dumaresque,
Robert El well, Henry Hodge, James Hodge, Joshua Hil-
ton, James Kenneday, Thomas McCrate, John Merril
junr. Samuel Miller, William Nickels, Jonathan R.
Parker, James H. Patterson, William Pike, Silas Pipon,
William Pitt, Wyman Bradbury Sevey, Joshua Silvester,
Manasseh Smith, Seth Tinkham, Abiel Wood, Joseph T.
Wood, and Abiel Wood junior, together with such others,
as may hereafter associate with them, and their Succes-
sors and assigns, shall be a Corporation, by the name of,
The Wiscasset & Dresden Turnpike Corporation, and
shall have all the powers & priviledges, which are usually
given to Similar Corporations, for laying out and making
Turnpike Roads, & keeping the same in good repair, for

Acts, 1803. — Chapter 144. 747

the purpose of laying out, and making a Turnpike road,
from the Court House in Wiscasset, to the lower Bridge
over Eastern River (so Called) in Dresden, commonly
called Bowmans Bridge, upon as strait a line as circum-
stances will admit. And the said Turnpike road, shall width of road.
not be less than four rods wide, and the part to be trav-
elled on, not less than Twenty four feet wide, in any part
thereof; and when the said road shall be sufficiently made,
& shall be so allowed & approved, by a Committee ap-
pointed by the Court of General Sessions of the Peace for
the County of Lincoln, (provided that no member of said
Committee shall have any share or Interest in the said
Tur[n]pike,) then the said Corporation shall be Author-
ised, to erect One Turnpike-Gate on the said Road, in when a gate is
such Manner & place, as the said Corporation may judge '° ^*' «''^'='«*^-
Necessary & Conveinant for Collecting the toll, provided
that said Turnpike gate, be not erected on any road here-
tofore traveled.

Section 2d. A7id be it further enacted, that the said ^ay^pu'rchase
Corporation may purchase and hold land, over which thoy 3°^ fo^bVilabie
may make the said road, and the Justices of the Court of for damages
General Sessions of the Peace, in the County of Lincoln, taken without
are hereby Authorised on the application of the said Cor- "sreement.
poration, to lay out the said road, or any part thereof, as
they with the consent of the said Corporation, shall think
proper ; and the said Corporation shall be liable to pay
all damages, which 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,
for the said County of Lincoln, saving to either party the
right of trial by Jury according to the Law, which makes
provision for the recovery of Damages, arising from the
laying out of highways, and if said Jury shall encrease the
damages estimated by such Committee the said Corpora-
tion shall be holden to pay the costs of such trial by Jury.

Section 3d. And be it further enacted, that it shall be Rates of ton.
lawful for the said Corporation, to demand and receive,
of each traveller or passenger the following rates of toll,
Viz., 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,
drawn by two Oxen or horses, Ten Cents, and if drawn

748

Acts, 1803. — Chapter 144.

Sigu-board to
be erected.

Proviso re-
specting fellies.

Penalty for
injuring gate or
road.

by more than two Oxen or horses an additional sum of
tliree Cents, for each ox or horse ; for every curricle, fif-
teen Cents, for every Chaise, Chair or other Carriage,
drawn by one horse, twelve & a half Cents, for every
man & horse six Cents & a quarter ; for every Sled or
Sleigh drawn by two oxen or horses, Eight 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 Sley,
drawn by one horse Six Cents & a quarter ; for all horses,
mules, Oxen, or neat Cattle, led or driven, beside those
in teams or carriages One Cent each, — and for all sheep
& swine, at the rate of three Cents, by the dozen ; and in
that proportion for a greater or lesser number — Pro-
vided however, that the said Corporation, may if they see
cause, commute the rate of toll, with any person, or per-
sons, or with any Corporation, by taking of him or them,
a Certain Sum annually, to be mutually agreed on, in leiu
of the toll aforesaid. And the said Corporation, Shall at
each place, where the toll shall be collected, erect in some
conspicuous place, and constantly keep exposed, to open
veiw, a sign board, with the rates of toll, of all the toll-
able articles, fairly & legibly written thereon, in large or
Capital Characters ; Provided also that not more than half
the rate of toll afor[e]said, shall be demanded for Carts &
Waggons, the Fellies of which shall not be less than six
inches in width, And the General Court shall have the
right otherwise to regulate the toll on Carts & Waggons
according to the width of the Fellies of the Wheels, on
which they shall run & the burthen they shall carry.

Section 4th. And be it further enacted, that if any
person shall cut, break down, or otherwise injure or de-
stroy, either of the said turnpike-gates, or shall dig up, or
carry away any earth from the said road, or in any other
manner damage the same, or shall forcibly pass, or attempt
to pass the said gate by force, with intent to avoid the
payment of the legal toll at such gate, such person shall
forfeit & 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 tres-
pass. And if any person with his team. Cattle, or horse
shall turn out of the said road to pass the said 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, two Dollars, to be recovered by the Treasurer of the

Acts, 1803. — Chapter 144. 749

said Corporation, to the use of the same, in an Action of
debt. — Provided Hovjevei\ that nothing in this Act, shall
extend to entitle the said Corporation, to demand or re-
ceive toll of any person who shall be passing on foot, or
with his horse or Carriage, to or from publick worship ;
or with his horse, team, or Cattle, to or from his com-
mon labour, on his farm, or to, or from any grist mill, or
on the common and ordinary business of familly Con-
cerns, or from any person or persons passing on military
duty.

Section 5th. And be it further enacted, that if the Penalty for de-
said Corporation, or their Toll gatherer, or others in their leL' or exTcUng
employ, shall unreasonably delay or hinder any traveller "'^eaitoii.
or passenger, or shall demand or receive more toll, than,
is by this Act established, the said Corporation shall for-
feit & pay a sum not exceeding Ten Dollars nor less than
Two Dollars, to be recovered before any Justice of the
Peace, for the County of Lincoln by any person injured,
delayed, or defrauded, 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 of Lincoln,
or by reading the same, to the said Treasurer, or individ-
ual Member, 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 said
Corporation. And the said Corporation shall be liable to
pay all damages, which may happen to any person, from
whom the toll is demandable, for any damage which may
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.

Section 6th. And be it further enacted that the shares to be
shares in the same Turnpike road, shall be taken, deemed sonal e^Bute^*"^'
and considered to be personal estate, to all intents & pur- ^rlndVttach-
poses, and shall & may be transferable ; and the mode of ^^fbed?
transfering 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
purpose, to be provided & 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 execu-
tion, be left with the Clerk of the said Corporation,

750

Acts, 1803. — Chapter 144.

Shares of delin-
quents may
be sold.

Statement of
cost of road
and annual
returns to be
exhibited.

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 mak-
ing sale of personal property, on execution. — And the
Officer making the sale, or the Judgement Creditor, leav-
ing 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 record-
ing of the same, shall be de[e]med and considered, as a
sufficient transfer of such share, or shares, in the said
Turnpike road.

Section 7. And be it further enacted, thai whenever
any proprietor, shall neglect or refuse, to pay any assess-
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 the said
Corporation, is hereby authorised, to sell at public Ven-
due, 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 pub-
lic notice of such sale in the Newspaper printed at Wis-
casset, (and in case no newspaper shall be printed there
at the time, then in the newspaper printed in the Town
nearest to said Wiscasset) the sum due on any such
shares, and the time & place of sale, at least thirty days
before the day of sale ; and such sale shall be a suf-
ficient transfer of the share or shares so sold, to the
person purchasing the same, and on producing a Certifi-
cate of such sale, from the Treasurer to the Clerk of the
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 & purposes the proprie-
tor thereof; and the Overplus, if any there be, shall be
paid on demand, by the Treasurer, to the person whose
shares were so sold.

Section 8th. And be it further enacted, that the said
Corperation shall within six months, after the said road
is Completed, lodge in the Secretarys office, an account
of the expences thereof; and that the said Corporation
shall annually exhibit, to the Governor & Councill 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 said Corporation,
shall at all times, be subject to the Inspection of a Com-

fled with inter-
est.

Acts, 1803. — Chapter 145. 751

mittee to be appointed by the General Court, and to the
Inspection of the Governor and Council, when called for.

Section 9th. And be it further enacted that the Gen- corporation to
eral Court may disolve the said Corporation, whenever when'^^ndemni.
it shall appear to their Satisfaction, that the income aris-
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 pr.
cent, 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 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 March 9, 1804.

1803. — Chapter 145.

[January Session, oh. 80.]

AN ACT TO INCORPORATE JOHN PECK AND OTHERS BY THE
NAME OF THE BOSTON MILL 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 Peck, Beniamin Hich- Persons

^ '^ , ' 'J incorporated.

born, and Mary Gilman, (owners and Proprietors of the
Water Mills, Mill Pond and land under the same, and
estate adjoining to and belonging to the same, situate in
Boston, in the County of Suffolk, commonly known by
the name of the Mill Pond) together with their Associates,
and such as may hereafter associate with them, and their
successors and assigns, shall be a body politic by the name
of the Boston Mill Corporation, and by that name may corporate
sue and be sued, plead and be impleaded, defend and be
defended, in any Courts of record, or in any other place
whatsoever, and shall and may do and suffer all matters,
acts, and things, which bodies politic ought to do and
suffer ; and shall have power to make, have and use, a
common seal, and 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 said corporation, and for the prudent
management of their property and affairs ; and for the
breach of such bye-laws, ordinances and regulations, may

752

Acts, 1803. — Chapter 145.

Property to be
vested in the
corporation
and to be
divided into
1600 shares.

First meeting.

Real estate.

order fines and penalties, not exceeding thirteen dollars
for every breach : Provided, that such bye laws, ordi-
nances and regulations shall not be repugnant to the laws
of this Commonwealth.

Sec. 2d. Be it further enacted, that the Stock, prop-
erty and estate, now belonging to the said proprietors
and their associates, shall be, and hereby are vested in
the said Corporation, and fully confirmed to them, to
every intent and purpose whatever, and shall be divided
into sixteen hundred shares, which shall be divided among,
and held by the present proprietors, according to the pro-
portion of interest which they now severally hold therein ;
and certificates of such shares, signed by the President,
shall be issued to them accordingly, which shares shall be
transferable by endorsement on the back of said certifi-
cates, and the property shall be vested in the vendee,
when a record shall be made thereof by the Clerk of said
Corporation ; and new Certificates shall be issued ac-
cordingly, and such shares shall in all respects be consid-
ered as personal estate.

Sec. 3d. Be it further enacted, that John Peck afore-
said may call a meeting of the above named proprietors,
to be holden on the first Tuesday of April next, at some
suitable place in Boston, by advertisement in the Colum-
bian Centinel or any other News-paper printed in Boston,
ten days before said day ; and at that and all other meet-
ings, said Proprietors may vote by themselves or proxy,
always allowing to every proprietor one vote to each
share : provided, that no Proprietor shall have more than
forty votes ; and said Proprietors, by a majority of votes,
shall choose a Clerk, and two or more Directors, not ex-
ceeding five, from among the Stockholders, by ballot;
to continue in Office one year, and until others are chosen,
and no longer ; and said Directors shall meet as soon as
may be after their election, and shall choose from their
own number, a President ; and in case of vacancy by the
death or resignation of such Clerk, President or Director
such vacancy shall be filled by the Directors already
chosen, and qualified.

Sec. 4th. Be it further enacted, that said Corporation
is hereby authorized, to purchase and hold real estate,
not exceeding in value thirty thousand dollars, more than
they now hold, and their real estate may sell, exchange
and dispose of, at pleasure ; and the said President and
Directors shall convey the same, or the right, title and

Acts, 1803. — Chapter 145. 753

interest, of said Corporation, of, in and to, the same,
whenever they shall be so directed, ])y a major vote of
the Proprietors present or represented, at any legal meet-
ing notified for this purpose: And the said Corporation,
generally, shall have the power of managing and improv-
ing their Mills and Estate with the same facilities and in
the same manner as other bodies Corporate.

Sec. 5tii. Be it further enacted, that the President AsBeBoments

. '^ . may be levied

and Directors may make such assessments on the shares and shares of
of each and every member of this Corporation as they 'boIcl'*"^" *
may think proper, and necessary for executing the pur-
poses aforesaid ; and in case such assessments are not
paid in conformity to the rules and regulations for this
purpose to be made and established by said Corporation ;
may and shall have full power and authority to sell the
share or shares of any of the Proprietors who shall be de-
linquent in the payment of said assessments ; and shall
also at such times as may be agreed on, by said Corpora-
tion, make such dividends of their rents, profits, and re-
ceipts, as may arise thereon.

Sec. 6th. Be it further enacted, that the property of a/j^chmen^'^ *°
any individual member, of this Corporation, vested in the and execution ;
stock of the Corporation, with the dividend or dividends "crlbe"
due thereon, shall be liable to attachment and execution,
in manner following, vizt. whenever a proper OflScer,
having a Avrit of attachment or Execution in favor of any
bona fide Creditor against any member, shall apply to the
Clerk, it shall be his duty to give him a certificate of the
number of shares said member holds, and the amount
of dividends due thereon ; and whenever such share or
shares shall be attached on mesne process, or taken in
Execution, in addition to a Copy of such writ or a sum-
mons to be left with the Debtor, an attested Copy thereof
shall be left with the Clerk of said Corporation ; and such
share or shares may be sold on Execution, after the same
notification, and in the same manner as other ])ersonal
property ; and the OflScer making such sale, within five
days thereafter, shall leave an attested Copy of such ex-
ecution with his return thereon with the Clerk of said
Corporation, and the vendee shall become the absolute
proprietor of such share or shares, with all the dividend
or dividends due thereon.

Sec. 7th. And be it further enacted, that the real {^e^corjomuon
estate of said Corporation shall be lial)le for the debts "g^lg^""^"*
of the Corporation, and shall be liable to attachment and

754

Acts, 1803. — Chapter 146.

Execution on any Judgment against the Corporation, in
the same manner as other real estate, and the Corporation
shall have the right and equity of redeeming the same ;
and that nothing in this Act contained shall be construed
to aflect the title of the said Proprietors and their associ-
ates to said estate, or the claims of the town of Boston,
or any Corporation to the same or the claim or claims of
any person or persons whatever.

Approved March 9, 1804.

Persona Incor-
porated.

Corporate
name.

Course of the
road.

Width of road.

1803. — Chapter 146.

[January Session, eh. 81. J

AN ACT ESTABLISHING THE HARTFORD AND DEDHAM 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 Oliver Hartshorn, John Bax-
ter, John Whiting, George Ellis, Willard Boyd, Johnson
Mason, Eli Richardson Junr., Moses Bullen, Elihu Pond,
Henry Tisdale, John Needham, Abner Morse, Benajah
Pond, Abijah Richardson, John Boyd, Joseph Lovell,
James Richardson, Artemas Woodward, Daniel Adams
and all such persons as shall be associated and interested
with them, and their successors, shall be a Corporation by
the name of The Hartford and Dedham T[r]urnpike Cor-
poration ; and shall by that name sue and be sued, and
enjoy all the privileges and powers wh[t]ch are by law in-
cident to corporations, for the purpose of laying out and
making a Turnpike road from the ninth Turnpike (so
called) to the Norfolk and Bristol Turnpike in Dedham,
and for keeping the same in repair. The said Turnpike
to begin at such part of the Ninth Turnpike in Mendon
or Bellingham and to run in such Directions and to such
place on the Norfolk and Bristol Turnpike in Dedham as
a Committee appointed by the General Court shall with
due regard to all circumstances, direct ; which Committee
is hereby authorised and directed to locate the same road
accordingly, which road shall not be less than four rods
wide, except in such parts thereof as the said Committee
shall think it expedient otherwise to direct, and the part
to be travelled on not less than twenty four feet in width
in any place ; and when said Turnpike road shall be
sufficiently made and allowed and approved by the above-

Acts, 1803. — Chapter 146. 755

said Committee, then the said Corporation shall be an- Gates to be
thorised to erect two Turnpike gates on the same in such ^'^^'^ ^
manner as shall be necessary and convenient, in such
places as the above said Committee shall direct, and shall
be entitled to receive from each traveller and passenger
at each of the said gates the following rates of toll, to
wit. for every coach, phaeton, chariot, or other four Rates of toil,
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 curricle seventeen
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 three cents for each horse
or ox; for every Chaise, chair, or other carriage drawn
by one horse ten cents ; for every waggon, cart, sled, or
sleigh drawn by one horse six cents ; for every man and
horse four cents; for all oxen, horses, mules, 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 that proportion for a greater or less
number. Provided, that nothing in this act shall extend
to entitle the said Corporation to demand toll of any per-
son 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 common labor on his farm ; or on the common and
ordinary business of family concerns within the same
towns ; or any person passing on military duty ; and that
when no toll gatherer shall be present at either of the
said Gates, to receive the toll, the said gate shall be left
open, and travellers be permitted to pass freely. Provided f^^l^^tem^T^'
that not more than half the rate of toll aforesaid shall be of wheels.
demanded on Carts and waggons the fellies of the wheels
of which, shall be not less than six inches broad, and the
General Court may hereafter otherwise regulate the toll,
according to the width of the fellies of the wheels on
which they shall run, and the burthens they shall carry.
Provided aho that no turnpike gate shall be erected at
any place on the present travelled road. — Provided nev- Toiimaybe
ertJieless, and he it further enacted, that the said Cor[)ora- '''""'""'^ •
tion, be and is hereby impowered to commute the rate of
toll with any person or with the Inhabitants of any town,
through Avhich the said turn{)ike road shall be made, by
taking of him or them any certain sum annually or for a

756

Acts, 1803. — Chapter 146.

Sign-board to
be erected.

Corporation
may purchase
and hold land
and to be liable
for damages
when such is
taken without
agreement.

Penalty for
injuring gate
or road.

Penalty for
delaying trav-
ellers or ex-
acting illegal
toll.

less time, to be mutually agreed on, in lieu of the toll
established in & by this Act.

Sec. 2d. And be it further enacted^ that the said
corporation shall at each place where the toll shall be col-
lected, erect and keep constantly exposed to view, a sign
or l)oard with the rates of toll of all the tollable articles
fairly and legibly written thereon in large or capital
Letters.

Sec. 3d. And he it further enacted, that the said Cor-
poration may purchase and hold land over which they
may make said road. And the said Corporation shall be
hoiden to pay all damages which shall arise to any person
l)y taking his land for such road, where it cannot be ob-
tained by voluntary agreement, to be estimated by a
Committee appointed by the Court of General Sessions
of the Peace of the County of Norfolk ; saving to either
party the right of trial by jury according to the law
which provides for the recovery of damages accruing by
laying out public highways. And if said jury shall in-
crease the damages estimated by such Committee the said
Corporation shall be hoiden to pay the Costs of such trial
by Jury.

Sec. 4x11. And be it further enacted, that if any per-
son shall cut, break down, or destroy either of the said
Turnpike gates, or shall forcibly pass or attempt to pass
the same by force without having first paid the legal toll
at such gate ; such person shall forfeit and pay a fine not
exceeding fifty or less than fifteen dollars to be recovered
by the Treasurer of said Corporation to thier use in an
action of debt ; and if any person shall with his cattle,
team carriage or horse turn out of the said road to pass
either of the said Turnpike gates with intent to evade
the toll due by virtue of this Act, such person shall forfeit
and pay the sum of two dollars to be recovered by the
treasurer of said Corporation to the use thereof in an Ac-
tion of debt.

Sec. 5tii. And he it further enacted. That if the said
Corporation their toll gatherers or others in their employ-
ment shall unreasonably delay, or hinder, any traveller
or passenger at either of said gates, or shall demand and
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 one dollar to be recovered before
any Justice of the Peace of the County of Norfolk, not

Acts, 1803. — Chapter 146. 757

being a proprietor of said Corporation, by any person in-
jured, delayed, or defrauded in a special Action on the
case the writ in which Action shall be served on the (Cor-
poration by leaving a Copy of the same with the Treas-
urer or Clerk of said Corporation, at least seven days
])efore the day of trial and the treasurer or Clerk of said
Corporation or any other person by them authorised shall
be allowed to defend the same suit in behalf of the Cor-
poration, 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
shall arise from any defect of bridges or want of repairs
within the same way ; and shall be also liable to a fine on
the presentment of the Grand Jury for not keeping the
same way or the bridges thereon in good repair.

Sec. 6th. And be it further enacted that the shares in shares to be
the said Turnpike road shall be taken, deemed and consid- pe'rMmnreHtate;
ered to be personal estate to all intents and purposes and ?^?ludVttach-
shall be transferable ; and the mode of transferring said ^rlbed'^''
shares, shall be by deed acknowledged before any Justice
of the Peace and recorded by the Clerk of said Corpora-
tion 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 at the time of the attachment or taking
in execution be left Avith the Clerk of said Corporation ;
otherwise such attachment, or taking in execution shall 1)0
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 Ex-
ecution 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. 7th. And be it further enacted; That every ])ro- voting on
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 entitled to as
many votes as the proprietor has shares in the same.
Provided the number of shares do not exceed ten ; But no
proprietor, shall be entitled to more than ten votes for
any greater number of shares which he may possess.

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

, ,, i n . delinquentB

any proprietor shall neglect or reiuse to pay any tax or may be sold.

758 Acts, 1803. — Chapter 146.

assessment duly voted and agreed upon by the Corpora-
tion 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 neces-
sary incidental charges, after duly notifying in the news-
paper i)rinted at Dedham, or in some paper printed at
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 purchasing ; 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 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.
First meeting. Se,c. Otti. And be it furlkev eiiacted, That a meeting
of said Corporation shall be held at the House of Col.
Johnson Mason in Medfield, on the last tuesday of March
next, 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
that the said Corporation may then and there agree upon
such method of calling meetings in future as they may
judge proper.
cotiTroadUd Skc. IOth. And Jjs U fuvtlier enacted , T\\\!it i\\Q n'AiA
annual returng Corporation shall, Avithin six months after the road is

to be exhibitea. 1 . ^ ,,, /.

compleated, lodge in the Secretary s office, an account oi
the expcnces 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 toll,
with their necessary annual disbursements on said road ;
and that the books of the said Cor[)oration shall at all
times be subject to the inspection of a Committee to be
appointed by the General Court ; and to the inspection
of the Governor and Council, when called for.
Money may be '^^c, 11x11. And be it further enacted, That the said

granted to cer- -' .

tain persons. Corporation is hereby allowed to grant monies to such
persons as have rendered services to the proprietors, in

Acts, 1803. — Chapter 117. 759

exploring the said road or otherwise previous to the Aet
of Incorporation.

Sec. 12th. And be it further enacted That the Gen- corporutiou to
eral Court may dissolve said Corporation, whenever it when indemnu
shall appear to their satisftiction, that the income arising in^terest.
from the toll shall have fully compensated the said Corpo-
ration for all monies they may have expended in purchas-
ing, making, repairing and taking care of the said road,
together with an interest thereon at the rate of twelve
per cent by the year, and thereu})on the property of the
said road shall be vested in this Commonwealth, and ])c at
their disposal. Provided, that if the said Corporation
shall neglect to complete the said Trunpike road for the
space of five years from the passing this Act, the same
shall be void and of no eU'ect.

Sec, 13th. And be it further enacted, that Thomas coramiueeto
Hale, Zebina Montague, and Jonas Kendall Esqrs. be a road.
Committee for the purposes aforesaid, they giving public
notice of the time of locating said road, said notice to be
published in the newspaper printed in Dedham, & in the
New-England Palladium, three weeks successively, the
last publication to be at least twenty days prior to said
location. Approved March 9, 1804.

1803. — Chapter 147.

[January Session, ch. 82.]

AN ACT FOR INCORPORATING CERTAIN PERSONS THEREIN
NAMED, BY THE NAME OF THE TRUSTEES OF THE ELLIOT
SCHOOL, IN THAT PART OF ROXBURY CALLED JAMAICA
PLAINS, AND REPEALING ALL LAWS HERETOFORE MADE
RELATING TO SAID SCHOOL.

Whereas the education of youth is of the utmost impor- Preamble.
tance to the safety and happiness of a free people: and
2vhereas the Revd. John Elliot formerly pastor of the first
Church in Roxbury and several other persons, have volun-
tarily granted and conveyed certain lands situate in Rox-
bury in the County of Norfolk to certain persons in trust,
the income of ichich to be appropriated for the support of
a free school in that part of Roxbury called Jamaica
Plains; and lohereas from the failure of lineal heirs of
some of the trustees therein named, difficidties in manag-
ing the affairs of the said School have already occured,
and several inhabitants and proprietors of that part of

760

Acts, 1803. — Chapter 147.

Persons incor-
porated.

Corporate
name.

Property con-
drmed to
trustees.

Corporation to
have a common
seal.

Trustees to be
the sole gov-
ernors, &c.

Roxbury have made application to this Court, for an act
of incorporation that the interest of the said School may
he more effectually secured and promoted.

Sect. 1. Be it therefore enacted by the Senate <&
House of Rejjresentatives in General Court assembled, and
by the authority of the saine, that Thomas Weld & Jacob
Weld yeomen — John Parker Esqr., Capt. Joseph Curtis,
Stephen Child, Nathaniel Weld & Joseph Brewer yeo-
men, all of Roxbury in the County of Norfolk, and resi-
dent freeholders in that part of Roxbury called Jamaica
Plains be, and they hereby are nominated and appointed
Trustees of the said School ; and they are hereby incor-
porated into a body politic by the name of the Trustees
of Elliot School, and they and their successors shall be
and continue a body politic & corporate by the same name
forever.

Sect. 2d. Be it f mother enacted by the authority afore-
said that all the lands, buildings and other property which
have heretofore been given granted and conveyed by the
said John Elliot, and by all others to Trustees & Feoffees
for supporting said School, and all other estate, interest,
claim, or demand whatever belonging to the said School
or which are held in trust therefor be, and they hereby
are confirmed to the said Trustees, and to their Succes-
sors as Trustees of Elliot School forever. And the said
Trustees & their Successors are hereby required in con-
ducting the concerns thereof, & in all matters relating
thereto to regulate themselves conformably to the true
design and intention of the said John Elliot as expressed
in his Deed of conveyance aforesaid.

Sect. 3d. Be it further enacted, That the said trus-
tees and their successors shall have a common seal, which
they may make use of in any cause or business that re-
lates to the oflSce of trustees of said school ; and they
shall have power and authority to break, change, and re-
new the same at pleasure as from time to time they shall
see fit ; and they may sue & be sued in all actions real
personal & mixed, & prosecute and defend the same to
final judgement & execution, by the name of the Trus-
tees of Elliot School.

Sect. 4. Be it further enacted that the trustees afore-
said & their successors shall be the true & sole visitors,
trustees & governors of the said Elliot School in perpet-
ual succession forever to be continued in the way & man-

Acts, 1803. — Chapter 147. 761

ner hereafter specified with full power & authority to elect
a Chairman, Secretary & Treasurer, & such officers of the
said School as they shall judge necessary & convenient ;
and to make, ordain & establish such rules, orders & bye
laws as they shall deem necessary, all which shall be
binding upon the oflScers, scholars & servants of the said
School, provided the same be not repugnant to the Laws
of this Commonwealth, or the true intention of the sev-
eral donors.

Sect. 5. Be li further enacted, that the numl)er of the Number of
said Trustees shall not at any time be more than seven "^"*'^®*-
nor less than five, four of whom shall constitute a quorum
for transacting business, and a major part of the members
present at any stated meeting thereof, shall decide all
questions which may properly come before them.

Sect. 6. Be it farther enacted, that as often as one TrusteoBem-

,. .1 • 1 1 1 iiiT • powered to till

or more oi the said trustees shall die, resign remove, or vacanciee.
in the judgement of the major part of the said trustees
for the time being, be rendered by age, infirmity, or
otherwise incapable of discharging the duties of his office,
then & so often, the remaining part of the trustees sur-
viving and remaining, or the major part of them shall
elect one or more persons to supply the vacancy or vacan-
cies by ballot from the reputable resident freeholders of
that part of Roxbury which is above described.

Sect. 7. Be it further enacted, that the said trustees Estate limited.
& their successors be & they are hereby rendered capable
in law to take & receive in trust by gift, grant, devise or
bequest any estate, real or personal, not exceeding the
sum of twenty thousand dollars — to have & to hold the
same to the said trustees & their successors in office for
the benefit & use of the said School to be by them ap-
plied according to such conditions & limitations as may
be expressed in any deed or instrument of conveyance to
them made.

Sect. 8. Be it further enacted, that the said trustees Trustees to
shall have full power & authority to determine at what of meTiTuV.™**
times & places their meetings shall be holden ; & upon '^°-
the manner of notifying the trustees to attend such meet-
ings, & also upon the method of electing or removing
trustees ; & the said trustees shall have full power & au-
thority to ascertain & prescribe from time to time, the
powers & duties of their several officers, & to fix & ascer-
tain the tenures of their respective offices.

762 Acts, 1803. — Chapter 148.

feSed^JIin. Sect. 9. Be it further enacted that all laws heretofore
made relating to the said School (by whatever name it
hath formerly been known) be & they are hereby ren-

rmp^owerecuT* dcred null & void, Provided always that the persons who

receive rents, q^ ^\^\^ time have been elected & act as trustees & feoffees
of the several estates granted & conveyed by the said
John Elliot & others shall have respectively full right in
law, to demand & receive all rents & incomes or any ar-
rearages thereof, or other sum or sums of money which
from any persons whomsoever by any contracts or bar-
gains made with them as Trustees, or as Feoftees are or
may become due, And provided also that the said per-
sons who have acted as Trustees or as Feoffees shall be
held to liquidate & settle all their accounts with & pay
over all such sum or sums of money as they have or may
receive in their said respective capacities unto the Trus-
tees appointed by this Act or hereafter to be chosen in
pursuance thereof.

the trustees to Sec. 10. £e it further eyiaded, That all deeds & in-
'°^' struments which the said Trustees may lawfully make in
their said capacity shall when made in their name & signed
& delivered by their Treasurer, & sealed with their
common seal, be binding on the said trustees & their suc-
cessors & be valid in law.

t^"be"rln'dereT Sect. 11. Aiid be it further enacted that the said
trustees shall once in every year render to the proprie-
tors of the said School at a meeting to be called by said
Trustees, an account of their receipts & expenditures,
and of such other transactions of the said Trustees as said
proprietors may lawfully require.

Sect. 12. And be it further enacted by the authority

First meeting, aforesaid that Martin Brimmer Esqr. be, & he hereby is,
authorized & empowered to tix the time, & place, for
holding the first meeting of the said Trustees, & to
notify them thereof. Approved March 9, 1804.

1803. — Chapter 148.

[January Session, ch. 83.]

AN ACT TO INCORPORATE SAMUEL HENSHAW ESQR. AND OTHERS
INTO A COMPANY BY THE NAME OF THE HAMPSHIRE FIRE
INSURANCE COMPANY.

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

Acts, 1803. — Chapter 148. 763

authority of the same, that the said Samuel Henshaw and ?,"o*rp'Jfraied.
all such persons as have already or hereafter shall become
Stockholders in the said Company, being Citizens of the
United States, be, and they are hereby incorporated into
a Company or body politic, by the name of the Hampshire Corporate
Fire 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 pleas-
ure ; and 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. 2. And be it further enacted that the Capi- and'sh'ares!''
tal Stock of said Company exclusive of premiums or
profits arising from said business shall be Seventy-five
thousand Dollars and shall be divided into seven hundred
and fifty shares, of which Capital Stock not more than five
thousand dollars shall be vested in real estate.

Sect. 3d. And be it further enacted, that the Stock, Number of

•^ .' Qirectora, &c.

property affairs and concerns of the said Company shall
be managed and conducted by eleven directors one of
whom shall be President thereof, who shall hold their
oflSces for one year and untill others shall be chosen, and
no longer : which directors shall at the time of their elec-
tion be stockholders in the said Company and Citizens of
this Commonwealth and shall be elected on the first
Wednesday of October annually, at such times of the day
and at such place in the Town of Northampton in the
County of Hampshire as a majority of the directors for
the time being shall appoint, of which election public
notice shall be given in some Newspaper printed at
Northam})ton and in one printed at Springfield in said
County of Hampshire three weeks immediately preceding
the said days of election and such election shall be holden
under the inspection of three Stockholders not being di-
rectors, to be appointed previous to every election by the
directors, and 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, pi'ovided that no Stock-
holder shall be allowed more than ten votes ; and the
Stockholders not present may vote by proxy under such
regulations as the said Company shall prescribe ; and
if through any unavoidable accident the said directors

764

Acts, 1803. — Chapter 148.

Directors em-
powered to
till vacancies.

Board of
directors.

Secretary and
clerks to be
appointed.

Monthly meet-
ings.

Business
defined.

should not be chosen on the said first Wednesday of
October as aforesaid it shall be lawful to choose them on
another day in manner herein prescribed.

Sect. 4. And be it fui'ther enacted that the directors
so chosen shall meet as soon as may be after every elec-
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 office, and in case
of the death resignation or inability to serve, of the
President or any director such vacancy or vacancies shall
be filled for the remainder of the year, in which they may
happen, by a special election for that purpose to be
holden in the same manner as herein before directed re-
specting annual elections for directors and President.

Sect. 5. And be it further enacted, that the Presi-
dent and four 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 for the orderly conducting the affairs of the said
Cor[)oration and for calling meetings of the Stockholders,
and touching the management disposition or exchange of
the Stock property estate and effects of the said Company
and the transfer of the shares, and touching the duties and
conduct of the several officers clerks and servants em-
ployed and the election of directors and all such matters
as appertain to the business of insurance, and shall also
have power to appoint a Secretary and so many Clerks &
servants for carrying on 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.

Sect. 6. And 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 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 and during the pleasure
of the said board, shall have power and authority in behalf

Acts, 1803. — Chapter 148. 765

of the Company to make insurance on dwelling hpuses and
all other buildings whatsoever, and on all goods, wares
and merchandize on land, against damage arising and
happening by fire ; and also upon the lives of persons
bound to sea or otherwise engaged, and to fix the pre-
miums and terms of payments ; and all policies of insur-
ance by them made shall be subscribed by the President,
or in the case of his death sickness, inability or absence
by any two of the directors and countersigned by the
Secretary and shall be binding and obligatory upon the
said Company, and have the like effect and force as if
under the seal of the said Company ; and all losses duly
arising under any such policies so subscribed may be ad-
justed and settled by the President and board of direct-
ors, and the same shall be binding on the Company.

Sect. 7. And be it further enacted, that it shall be semi-annuai
the duty of the directors to make half yearly dividends of be^madef
so much of the interest arising from their Capital stock
and the profits of the said Company as to them shall ap-
pear advisable ; 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 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
instalments that may be due and 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 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.

Sect. 8. And be it further enacted, that the said Com- company not to
pany 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 be vested either
in the funded debt of the United States or of this Com-

766

Acts, 1803. — Chapter 148.

Payment for
shares.

Eligibility of
directors.

Shares liable to
attachment and
execution; man
ner prescribed.

monwealth, or in the Stock of the United States Bank, or
of some incorporated Bank in this Commonwealth at the
discretion of the President and Directors of said Com-
pany.

Sect. 9. And be it further enacted, that fifty dol-
lars on each share in said Company shall be paid within
sixty days after the first meeting of said Company and
the remaining sum within one year after said first meeting,
at such instalments and under such penalties as the said
Company shall direct, and no transfer of any share in said
Company shall be permitted to be valid untill all the in-
stalments on such share shall have been paid.

Sec. 10. And he it further enacted, that no person
being a director of any other insurance Company shall be
eligible as a director of the Company by this act estab-
lished.

Sect. 11. Be it further enacted, that the property
of any member of said Company, vested in the Stock of
said Company with the dividend or dividends due thereon
shall be liable to attachment and execution in favour of
any bona fide creditor in manner following viz. When-
ever a proper officer having a writ of attachment or exe-
cution, against 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 w^th a Cer-
tificate 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
be left with the said Secretary, and such share or shares
may be sold on execution after the same notification of the
time & 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 after to lea^ve an
attested Copy of the execution with his return thereon,
Avith 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 at-
tachment, after such attachment notwithstanding any in-
tervening transfer.

Acts, 1803. — Chaptee 149. 767

Sect. 12. And be it further enacted, that in case of f^^feeung'the'^'''
any loss or losses taking place, that shall be ecjual to the capital.
amount of the Capital stock of the said Company, and
the President and Directors after knowing of such loss
or losses taking place, shall subscribe to any policy of
insurance, their estates jointly and severally shall be
accountable for the amount of any and every loss that
shall take place under policies thus subscribed.

Sect. 13. And be it further enacted, that the Presi- ^^„°b7jj„"^t„ ^e
dent and Directors of said Company, shall previous to p"^"*^®^""
their subscribing to any policy, and once in every year
after, publish in the Hampshire Gazette or in some other
paper printed at Northampton, and also in some paper
printed at Springfield in the County of Hampshire the
amount of their stock against what risks they mean to in-
sure, and the largest sum they mean to take on any one
risk.

Sect. 14. And be it further enacted, that the Presi- statement to be

• n • 1 /-^ 1 11 1 made to legis-

dent and Directors of said Company, shall when, and as laturewhen
often as required 1)y the Legislature of this Commonwealth,
lay before them a statement of the afl'airs of said Company
and submit to an examination concerning the same under
oath.

Sect. 15. A7id be it further enacted, that Samuel ^''"«*'"^''""^-
Henshaw, Samuel Hinckley and Joseph Lyman Junr.
Esquires, or any two of them are hereby authorized to
call a meeting of the members of the said Company as
soon as may be in Northampton by advertising the same
for two weeks, in some one paper printed at Northamp-
ton, and some other paper printed at Springfield for the
purpose of their electing the first board of directors, who
shall continue in oflice untill the first Wednesday of Oc-
tober in the year of our Lord eighteen hundred and four.

Apjyroved March 9, 1804.

1803. — Chapter 149.

[January Session, ch. 84.]

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF
THE SALEM & CHELMSFORD TURNPIKE CORPORATION.

Section 1st. Be it enacted by the Senate and House
of liejjresentatives in General Court assembled and by
the authority of the same, that Benjamin Pickman, Ed- Persons incor-
ward Augustus Holyoke, John Derl^y, Elias Hasket
Derby, Nathaniel West, Simon Forrester, Clifford Crown-

768

Acts, 1803. — Chapter 149.

Corporate
name.

Course of the
road.

Gatsi to be
erected.

Rates of toll.

inshield, John Jenks, William Prescott, & Samuel Mar-
shall, together with such others as may hereafter associate
with them and their successors shall be a Corporation by
the name and style of the Salem & Chelmsford Turnpike
Corporation ; with all the powers & priviledges usually
given & belonging to similar Corporations ; for the pur-
pose of laying out, making & keeping in repair a Turn-
pike-road from the town of Salem, through Danvers
Keading, Wilmington and Tewkesbury to Stony Brook in
Chelmsford, upon as straight a line as circumstances will
admit ; which Turnpike road shall not be less than four
rods wide, and the part to be travelled on not less than
twenty four feet wide in any part thereof, Pi^ovided how-
ever that if the said road, shall be laid out across the Mid-
dlesex Canal, the proprietors of said Salem & Chelmsford
Turnpike road shall be obliged to make any Bridge or
Bridges across the said Canal of proper height, & such
form & dimensions as shall be sufficient to preserve the
free navigation of said Canal and keep the same in repair
and when said road shall be sufficiently made & shall be
allowed and approved by a Committee appointed by his
Excellency the Governor of this Commonwealth for that
purpose, then the said Turnpike Corporation shall be au-
thorised to erect two Turnpike Gates on the said road at
such places & in such manner as shall be necessary &
convenient & at least ten miles apart (provided such
Gates shall not be erected on any part of the roads here-
tofore travelled) and shall be entitled to receive of each
traveller or passenger, at each of said Gates the following
rate of toll; Vizt. for each Pheaton, Coach, Ch[a]rriot
or other four wheeled 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,
Twelve & an half 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 sixteen Cents ; for every
S[Z]eigh or Sled drawn by two Horses or Oxen twelve &
an half Cents, & if drawn by more than two Horses or
Oxen an additional sum of Three Cents for each Horse or
Ox ; for every Sleigh or Sled drawn by one Horse Ten
Cents ; for every Chaise, Chair, Cart, or other Carriage
drawn by one Horse Twelve & an half Cents ; for every
Man & Horse Five Cents ; for all Horses, Oxen or neat

Acts, 1803. — Chapter 149. 769

Cattle led or driven, ])esides those in Teams or Carriages
one Cent each ; for all Sheep & Swine Three Cents by the
Dozen and in the same proportion for a greater or less
Number. Provided that the General Court may here- Proviso re-
after otherways regulate the tolls to be paid by Carts & femes^of* ^
Waggons according to the width of the fellies of the ^^^«'^-
Wheels, on which they shall run & the burthens they shall
carry.

Section 2d. And he it further enacted that when said o^tetobe

•^ . erected.

Road is sufficiently built from Stony Brook Ten miles
towards Salem to Wilmington & shall be allowed & ac-
ce})ted by the Committee aforesaid, then the said Corpo-
ration shall be authorised to erect a Gate in some part
thereof in such manner & place as shall be necessary &
convenient and shall be authorised to receive from each
traveller or passenger the rate of toll established by the
first section of this act.

Section 3d. And he it further enacted^ that said Cor- corporation
poration may purchase and hold land over which they and hoid land
may make said road, arid said Corporation shall be holden "or damages
to pay all damages which shall arise to any person by t'^kenwuhdut
taking his land for such road, where it cannot be obtained ngrsement.
by voluntary agreement to be estimated by a Committee
appointed by the Court of General Sessions of the Peace
in the County wherein said damage shall arise ; saving
to either party a right of trial by Jury, according to the
Law making provision for the recovery of damages hap-
pening by laying out public highways, & if said Jury
shall increase the damages estimated by such Committee,
the said Corporation shall be holden to pay the Costs of
such trial by Jury.

Section 4. And he it further enacted, that if said Cor- Penalty for
poration or their Toll-gatherer, or others in their employ eneTof ex-^
shall unreasonably delay or hinder any Traveller or pas- tou.°^ '"*'^''
senger at either of said Gates, or shall demand or receive
more toll than is by this act established, the said 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 for the County where the offence
shall be committed by the person injured, delayed or de-
frauded, in a special action of the case ; the writ in wdiich
shall be served on said Corporation by leaving an attested
copy thereof with the Treasurer, or with some individual
member seven days at least before the trial ; and the

770

Acts, 1803. — Chapter 149.

Corporation
liable for dam-
ageH if road
is not kept in
repair.

Penalty for
injuring gate
or road.

Exemptions
from toll.

Shares to be
considered
personal estate
mode of trans-
fer and attach-
ment pre-
scribed.

Treasurer of said Corporation, or individual shall be
allowed to defend the same suit in behalf of said Corpora-
tion ; and 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 in said way ; & shall
also be liable to presentment by the Grand Jury for not
keeping the same in good repair.

Section 5th. And be it further enacted, that if any
person shall cut, break down or otherwise injure or de-
stroy either of said Turnpike Gates or toll houses 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 by force, without having
first paid the legal toll at such Gate, and if any person
with his team Cattle or Horse shall turn out of said road,
to pass any of the Turnpike Gates & again enter on said
road with intent to evade paying the toll due by virtue
of this Act such person shall forfeit & pay the sum of
Two Dollars to be recovered by the Treasurer of said
Corporation, to the use of the same in an Action of Debt,
Provided that nothing in this Act shall extend to entitle
said Corporation to demand or receive from any person
any toll, 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 on the common & ordinary business
of his family concerns ; or from any persons passing on
military duty.

Section 6th. And be it further enacted that the
; shares in said Turnpike road, shall be taken, deemed &
considered to be personal estate, to all intents and pur-
poses, and shall & may be transferrable & 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 provided and kept : and when any Share shall be
attached on mesne process, or taken in execution, an at-
tested 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
attachment or taking in Execution shall be void ; and
Shares may be sold on execution in the same manner as
personal property ; the officer making the sale, or the
judgement creditor leaving a Copy of the Execution and

Acts, 1803. — Chapter 149. 771

the officers return thereon, with the Clerk of said Corpo-
ration, within fourteen days after such sale and paying for
the recording the same, shall be deemed and considered
as a sufficient transfer of such Share or Shares in said
Turnpike Road.

Section 7. And be it further enacted, that the said statement of

_^ . 1 1 • • rT> T» 1 » • '^^ road and

Corporation shall within Six Months alter their toll shall annual returns
commence at either of said Gates, lodge in the Secretary's
Office, an account of all expences incurred in making said
road and Bridges previous to the taking toll at such
Gate ; & within Twelve Months after said Turnpike road
& Bridges shall be completed ; lodge in said Office, an
account of the expences of the whole of said road and
Bridges ; and that the said Corporation shall annually ex-
hibit to the Governor and Council a true account of the
income or dividend arrising from said toll, with their nec-
essary annual disbursements on said Road & Bridges ; 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 Gov-
ernor & Council when called for.

Section 8. A7id be it further enacted — that whenever shares of de-
any Proprietor shall neglect or refuse to pa}^ any tax or belofd/™*^
assesment duly voted & agreed upon by said Corpora-
tion, to their Treasurer, within Thirty days after the time
set for the payment thereof, the Treasurer of said Corpo-
ration 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 nec-
essary incidental charges, after duly notifying, in one
Newspaper printed in Salem the sum due on such share
or Shares ; and the time & place 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 Treasurer 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 & 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 sold.

Section 9th. A7id be it further enacted, that the said ^e^erectedV"
Corporation shall at all places where the said toll shall be
collected erect & constantly keep exposed to view, a sign

772

Acts, 1803. — Chapter 149.

Money may be
granted to cer-
tain persons.

Voting on
shares.

Corporation
may be dis-
solved when
indemnified
with interest.

First meeting.

Rules and regu-
lations to be
eatablished.

or board, with the rates of toll, of all the tollable articles,
fairly & legibly written thereon in large or capital letters.

Section 10. Ajid be it further enacted, that the said
Corporation is hereby allowed to grant monies to such
persons as rendered services to the Proprietors in ex-
ploring the rout of said Turnpike road, or otherwise
previous to the Act of incorporation. And the said Cor-
poration is hereby authorised to purchase and hold other
real estate adjacent to and for the accommodation of said
Road to the amount of Fifteen thousand Dollars.

Section 11th. And be it further enacted, that every
Proprietor in said Turnpike Road or his Agent duly au-
thorised in writing shall have a right to vote in all meet-
ings of the said Corporation, and be entitled 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.

Section 12. 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 & taking care of 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 & be at their dis-
posal.

Section 13. And be it further enacted, that the said
Benjamin Pickman, Edward A. Holyoke, John Derby,
Elias Hasket Derby, Nathaniel West, Simon Forrester,
Clifford Crowninshield, John Jenks and William Pres-
cott or any three of them may by an advertisement in the
Salem Gazette, or one of the Papers printed in Boston
call a meeting of the said Proprietors to be holden at any
suitable time & place after fifteen days from the publica-
tion of said advertisement ; and the said Proprietors by
vote of those present or represented at said meeting (in
all cases accounting and allowing a vote as is provided in
the eleventh section of this act) shall choose a Clerk, who
shall be sworn to the faithful discharge of his duty ; and
shall also agree on a method for calling future meetings ;
and at the same or at any subsequent meeting, may make
& establish any rules & regulations for the Government

Acts, 1803. — Chapter 150. 773

of said Corporation & for effecting & completing the pur-
poses aforesaid ; and such rules & regulations may cause
to be kept and executed, or for the breach thereof may
order &, enjoin fines & penalties not exceeding Thirteen
Dollars & thirty three Cents ; provided such rules & reg-
ulations are not repugnant to the Constitution & Laws of
this Commonwealth. And the said Proprietors may also
appoint any other Officer or Officers of the Corporation
that they may deem necessary. And all representations
at any meetings shall be proved in writing, signed by the
person making the same, which shall be filed with & re-
corded by the Clerk ; and this Act & all rules regulations
& votes of said Company shall be fairly and truly re-
corded by the said Clerk in a Book or Books for that pur-
pose to be provided and kept.

Section 14. And be it further enacted that if said completion of
Proprietors shall neglect or refuse, for the space of five
Years after the passing of this Act to make the said Turn-
pike Road & Bridges from Stony Brook Ten Miles tow-
ards Salem to Wilmington, then this Act shall be void
and of no eflect ; And if said Proprietors shall neglect or
refuse to make said Turnpike road & Bridges from said
Wilmington to Salem, for the space of eight years from
the passing of this act ; then they shall have no right or
authority by virtue of this Act, to make the residue of
said road (from said Wilmington to Salem), nor to erect
another Toll gate. Approved March 9, 1804.

1803. — Chapter 150.

[January Session, ch. 85.]

AN ACT MAKING PROVISION FOR THE PAYMENT OF COSTS
IN LAYING OUT TURNPIKE ROADS.

Be it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and hy the authority
of the same, That w^henever a Committee or Jury shall be
appointed by the Court of General Sessions of the Peace,
for the purpose of estimating whether sufficient or insuffi-
cient damages have been allowed in laying out a Turnpike
Road, the Turnpike Corporation being a party, shall be
liable to Costs in those Cases in like manner, as Counties
are liable in laying out County Roads.

Approved March 9, 1804,

774

Acts, 1803. — Chapter 151.

I'ereoDB incor-
porated.

Corporate
name.

to be held.

Araouut of
capital.

1803. — Chapter 151.

[January Seseion, ch. 86.]

AN ACT TO INCORPORATE NATHANIEL GOODWIN AND OTHERS
BY THE NAME OF THE PLYMOUTH MARINE INSURANCE
COMPANY.

Sect. 1. Be it enacted hy the senate and House of
Representatives in General Court assembled^ <& by the
authority of the same, that Nathaniel Goodwin, Joseph
Bartlett, Nathan Hayward, and all other their associates,
being Citizens of the United States, who have or shall
become Stockholders, in a Capital Stock, to be paid &
employed in the manner and for the purposes herein after
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 Politic and Cor-
porate, by the name of the Plymouth, Marine Insurance
Company, and by that name, the said Stockholders 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 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 purchase or other-
wise, and to hold & convey real estate. Provided that the
whole real estate, which the said Company shall at any
one time hold or possess, in their Corporate Capacity,
shall not exceed four thousand dollars in Value.

Sect. 2. And be it further enacted^ That the Capital
Stock of the said Company, including their Real Estate,
and exclusive of their accruing, profits, premiums & divi-
dends shall be one hundred thousand Dollars, and shall
be divided into one thousand shares, of which fifty dollars
on each share shall be paid within thirty days after the
first meeting of the said Company, and the remainder of
each share shall be paid, within twelve months after the
said first meeting, of said company, 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 de-
manded, and after ten days public notice thereof, to be

Acts, 1803. — Chapter 151. 775

sued for and recovered against him by the company, to
the uses of this Institution, and provided; that no trans-
fer of any share or shares in the said Capital Stock, shall
be permitted, or shall be valid, until the Instalments,
thereof shall be fully paid as aforesaid.

Sect. 3. And be it further enacted, that the said First meeting
Company shall have their first meeting on the first mon-
day of July next at such hour and place in Plymouth
aforesaid as the said Nathaniel Goodwin, Joseph Bartlett
and Nathaniel Hayward, or any one of them shall appoint
& of which they shall give twenty days previous notice
by advertising the same in two newspapers printed in
Boston, and at the said first meeting or some adjournment
thereof, the said Company, or those of them who shall be
then and there assembled, shall agree and determine by Payment of
what instalments conformably to the terms, herein before be^'det^rmiVed ;
limited, and under what penalties for any failure therein, choTen"^* '° ^^
the shares of said Capital Stock shall be paid — and shall
elect by ballot seven Directors, who being sworn to the
faithful discharge of their trust before some Justice of the
peace for the County of Plymouth, shall continue in of-
fice until the first monday in may then next, and after-
wards on the like day annually, during the continuance
of this Incorporation, the said Company shall be con-
ven'd in such manner as they shall direct — and at such
annual meeting, seven directors, shall be elected in the
like manner as aforesaid, & being sworn as aforesaid shall
continue in Office for one Year then next ensuing and un-
til others shall be chosen and sworn in their place, Pro- Eligibility of
vided that no person 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. 4. And be it further enacted, that the seven President to be
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 an appointment of a director and by a like
election or elections as aforesaid, such vacancy shall be
supplied until the next insuing annual election.

776

Acts, 1803. — Chapter 151.

Meetings of
Btockholders.

Payment for
shares; invest-
meDt of capital

BusinesB de-
fined.

Sect. 5. And be it further enacted, Thsit 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 & 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 ad-
vertiseing the same as provided in the third Section of this
act, or in such other manner as the Stockholders shall
prescribe, at every meeting of the Stockholders the pres-
ident of the directors, and in case of his absence one of
Stockholders chosen for that purpose shall preside and
the Secretary shall record the proceedings of such meet-
ing. Elections and other Questions shall be determined by
a majority of Votes, reckoning one Vote to each share.
Provided no Stockholder shall have more than ten Votes,
and pi'ovided that [that] in the Election of directors
stockholders not present may Vote by Proxy, under such
regulations as the Directors shall prescribe.

Sect. 6. And be it further enacted, that the first and
other Instalments, of the shares aforesaid in the said Cap-
ital Stock, shall be paid to the president, and Directors or
at such place as they shall prescribe, and notify, and it
shall be the duty of the said President & Directors, to
invest within six months, after payment of each Instal-
ment, the whole amount of their receipt, for the Capital
stock, of the said 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 Incor-
porated Bank within this Commonwealth at their discre-
tion.

Sect. 7. And be it further enacted, That after the
sum of Fifty thousand Dollars, shall be paid and received
as aforesaid upon the Capital Stock of the said Company
and not before, the President & Directors, of the said Com-
pany shall have authority, in the behalf & for the account
of the said Company, to engage and undertake Marine
Insurance of every kind, more especially insurance upon
Vessels, their lading & freight and against their Captivity
and upon the life of any person, during his absence by
sea, and upon Bottomry and respondentia bonds & con-
tracts, provided that the said Company or their Directors
shall not directly or indirectly deal or trade in buying or
selling any Goods, wares, Merchandize or commodities
whatsoever.

Acts, 1803. — Chapter 151. 777

Sect. 8. And be it further enacted, That the president ^^Sr'
and directors, of said Company shall manage the stock
and property, and conduct the affairs, undertakings and
concerns of said Company, conformably to the purposes
of their association and the authorities & priviledges
hereby granted them. The president and directors shall
hold stated meetings once at the least, in every month,
and 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 busi-
ness— 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 Presi-
dent, to appoint and employ a Secretary, a Clerk, and fierk'to'L^ap-
such other agents, and servants as they shall find neces- P^'^g*!"?^
sary & to grant them reasonable Salaries and compensa- ushed.
tions, they shall have authority to make and prescribe
reasonable bye Laws and regulations, for the government
of their Officers, Agents & Servants, and respecting the
meetings of the Stockholders, and of the directors, and
the mode of establishing 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 disposition & management of their
Estate, Stock and Effects provided, That such bye-laws
and regulations shall not be repugnant to the Constitu-
tion & Laws of this Commonwealth.

Sect. 9. And be it further enacted. That the presi- BuBiness com-
dent & 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 con-
tracts of Insurance, and all policys 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, & counter-
signed by their Secretary or Clerk, shall be valid &
effectual against the said Company, and every adjustment
or settlement, which shall be made by the president &
directors, of losses & claims arising under such policies,
shall be conclusive against the said Company.

Sect. 10. And be it further enacted. That in the event in case of losses
of any loss, or losses, from the capital stock of said Mpitau^'*^^
Company, and equal to the amount which shall be at the

778

Acts, 1803. — Chapter 151.

Semi-annual
dividends to be
made.

time actually paid and received as aforesaid, the president
and directors, of the said Company, who after notice of
such loss or losses, shall undertake for the said Company
in any policy of Insurance, shall be liable jointly &
severally, in their own persons & Estates for the defi-
ciency of the said Capital Stock,' to discharge the loss or
losses, if any shall arise thereon.

Sect. 11. And be it further enacted. That the presi-
dent & directors, of the said Company, on the last Mon-
day in April next ; and afterwards half yearly, on the last
Monday of April and October, in every year shall divide,
at an equal rate to each share in said Capital Stock, so
much of the Interest and net profits, which shall have
accrued thereon, other than monies and demands paid or
payable upon risks, outstanding & undetermined, as to
them shall appear reasonable, and such dividends shall
be declared ; and shall be payable at the 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, re-established at the original Amount.

Sect. 12. And he it further enacted, That once in
every three Years, at least, and whenever a Majority of
Stockholders shall require it, the directors for the time
being shall lay before the Stockholders, at their annual
meeting, or at an especial meeting to be called for that
purpose a particular Statement, of the afi'airs of the Com-
pany, & of their Estate & effects, and of the remaining
profits, if any, which shall have accrued on their Capital
Stock, with the losses & dividends on hand if any,
chargeable against the same.

Sect. 13. And be it further enacted^ That the shares
execution; man- and property of every Stockholder, in the said Capital
Stock, shall be liable for his just debts, and may be at-
tached therefor, and levied in execution, at the suit, or
for the satisfaction of his Creditors, & the officer making
such attachment or levying such execution, shall notify
the same to the President, or to the Secretary or Clerk of
said company, and shall leave a Copy of the process,
whereby the attachment or levey shall be made at the
office of the Company, and no transfer of such debtors
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 levy ; And it shall

Triennial state
nients to be
made.

Shares liable to
attachment and

Acts, 1803. — Chapter 152. 779

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 num-
ber of shares, such debtor holds in the said Capital
Stock, and of the dividends if any due thereon, S such
shares and property when taken by Virtue of an Execu-
tion or so much thereof as shall be requisite to satisfy
the demands of the Creditor therein and all fees, shall
be exposed to Sale as other personal property — And
the purchaser, who shall become entitled thereto, under
such execution shall succeed to such debter as his lawful
assignee, and shall have a certificate of such transfer
accordingly from the Clerk of the said Company.

Sect. 14. And be it further enacted, that the presi- ^^k^&c°^to
dent and directors of the said Company, previous to their ^^ published

C 1 -1 • • T n ] • annually.

Subscribing in any policy ot Insurance, and once in every
Year afterwards, shall jiublish in some newsi)aper printed
in Boston, the amount of their Capital Stock, and upon
what risks, and to what amount in any one risk they pro-
pose to Insuve, J) I'ovided nevertheless The said President
and directors shall not be allowed to Insure on any one
risk a larger sum than ten per centum, of the amount of
the Capital Stock of said Corporation actually paid in.

Sect. 15. And be it farther enacted, That the presi- ^'ade^o"' '° ^^
dent and directors, of the said Company, whenever it legislature
shall be required by the Legislature of this Common-
wealth, shall lay before them a true Statement of the
affairs of the said Company and shall submit themselves,
to an Examination under oath concerning the same.

Approved March 9, 1804.

1803. — Chapter 152.

[January Session, ch. 86.]

AN ACT FOR THE PRESERVATION, AND TO REGULATE THE
TAKING OF THE FISH CALLED SHAD AND ALEWIVES IN
THE STREAM CALLED MILES RIVER IN WENHAM, HAMIL-
TON, AND IPSWICH IN THE COUNTY OF ESSEX.

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 several towns of Wen- committees to
ham, Hamilton, and Ipswich shall at their annual meeting to^^enTshing
for the choice of Officers respectively choose annually a P'''^'''*'se8.
Committee of three persons in each town, whose duty it

780

Acts, 1803. — Chapter 152.

Meetings of
committees.

Penalty for
illegally taking
fish.

Penalty for
neglecting to
choose com-
mitteea, &c.

Sluice ways to
be opened.

shall be in the months of March or April annually to sell
at Public vendue the privilege of taking said fish in such
places and in such manner as the majority of said Com-
mittee shall agree upon in said town of Wenham, Ham-
ilton and Ipswich in said Miles River, on Mondays,
Wednesdays & Fridays in each week, for so long a time
in each Year as said Committee shall agree upon. — And
said Committee before they enter on the execution of their
ofiice shall be sworn to the faithful and impartial dis-
charge of their duty in the same manner as other town
olficers are, and the nett proceeds of said sale shall be
equally divided between the said three Towns.

Sec. 2d. I3e it further enacted, thsit the Committee of
the Town of Wenham the first Year, the Committee of
the town of Hamilton the second Year, and the committee
of the town of Ipswich the third Year, and so on in rota-
tion forever hereafter shall notify the town Clerks of the
other towns concerned in said fishing, of the time and
place in which said Committee shall meet, said notice to
be served ten days at least before the time of meeting, at
which and all subsequent meetings the majority present
shall have the authority of the w^hole Committees, and
said Committee shall give due notice in each of said towns
of the time and place of the sale of said right of catching
said fish, and at the vendue shall publish the conditions
in writing expressing the manner of taking as well as the
length of time in each Year.

Sec. 3d. Be it further enacted, that all persons ex-
cept the purchaser or purchasers or those employed by
them, who shall take any of said fish in said Miles-river
to the Margin of Wenham Pond shall pay a sum not ex-
ceeding thirteen nor less than five dollars for each offence.

Sec. 4th. Be it further enacted. That if either of said
towns shall neglect to choose their proportion of said
Committee as is required by this Act, or if such commit-
tee when chosen, whose duty it shall be to notify the
Clerks of the other towns of the proposed time, for the
whole Committee to meet as aforesaid, shall neglect to
give such notice as aforesaid, the town so neglecting or
whose committee shall so neglect shall forfeit all right to
fishing in said river for the current Year.

Sec. 5th. Be it further enacted, that the owner or
occupier of any dam on said River shall annually be-
twixt the tenth day of April and the tenth day of June

Acts, 1803. — Chapter 152. 781

following for such term and in such manner as said Com-
mittees shall direct open a sufficient sluce way or passage
for said lish, and the owner or occupier of such dam, who
shall neglect, after proper notice from said Committee
to open or continue open as aforesaid a Sluce-way, shall
forfeit and pay a sum not exceeding one hundred dollars
nor less than fifty dollars, and if any person shall make
any Weir or other obstruction to the passage of said fish,
or shall make use of any seine in said river (except such
as shall be allowed by said Committee to any purchaser
of the right of taking fish in said Kiver) the person
so ofifending shall forfeit and pay the sum of thirteen
dollars.

Sec. 6th. Be it fui^thei' enacted thai esLch. of the treas- Town treas-
urers of the aforesaid towns for the time being are hereby "cute for*"^"^"
authorised upon the complaint of any of the Committee breaches of this
aforesaid to sue for any forfeitures incurred by the breach
of any of the regulations provided in this Act, and also
for the breach of such further regulations as may from
time to time be provided by the Committee aforesaid,
and all sums and forfeitures recovered for any breaches
aforesaid, shall with the proceeds of said fishing be equally
divided between the aforesaid towns. And the said treas-
urers or either of them recover the said Penalties or any
of them in an Action of the Case before any Cou[r]t
proper to try the same.

Sec. 7th. Be it further enacted, That the purchaser The poor to be
or purchasers of the right of taking said fish shall at all ^"pp"^'''
times deliver to the poor of the several towns aforesaid
such number of fish taken as aforesaid, gratis, as the
aforesaid Committee shall order and direct, and shall in
all respects conform to such regulations as said Commit-
tee shall publish in their conditions of sale and for each
ofience in breaking said regulations shall forfeit and pay
a sum not more than fifty dollars nor less than twenty
dollars.

Sec. Sth. Be it further enacted, that the Committies committeemen
chosen as aforesaid or either of them, or any person em- dcem^ed uea-
ployed by them shall have authority for the purposes p"**^"-
aforesaid, to go on land or meadow of any person, through
which such river or passage-way passes, without being-
considered 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

782

Acts, 1803. — Chapter 153.

Former laws
not to extend to
Miles River,
&c.

subject to the same penalties as by this Act is incured
for placing obstructions on said river.

Seo. 9tii. And be it farther enacted, that every part
and clause of the several laws and Acts made for regulat-
ing the taking of Shad and Alewives in Ipswich river and
the branches thereof and for preserving the same shall
cease to operate or have any effect on Miles River and
Wenham pond aforesaid. Approved March 9, 1804.

Persons incor-
porated.

Corporate
name.

Amount of real
estate allowed
to be held.

Amount of
capital.

1803. — Chapter 153.

[January Session, ch. 88.*]

AN ACT TO INCORPORATE TOBIAS LORD AND OTHERS BY THE
NAME OF THE KENNEBUNK MARINE INSURANCE COMPANY.

Sectn. 1. Be it enacted by the Senate and House of
Hejjresentatives in General Court assembled, and by the
Authority of the same. That Tobias Lord, Eliphalet Per-
kins, Robert Town, John Low and Nahum Morrell, and
all others their Associates being Citizens of the United
States, who have or shall become Stock holders in a Cap-
ital Stock to be paid and employed in the manner and for
the purposes herein after 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 politic and Corporate by the name of The Kenne-
bunk Marine Insurance Company, and by that Name the
said Stock holders may sue and be sued plead and be im-
pleaded, and shall and may appear, prosecute and defend
in all actions and suits for or ao;ainst them untill final
Judgement, Execution and Satisfaction, and they may
have a Common Seal, which they may alter and renew at
their pleasure, and shall be capable in Law, to take by
purchase or otherwise, and to hold and Convey Real
Estate : Provided, that the whole Real Estate, which the
said Company shall at any one time hold or possess, in
their Corporate Capacity, shall not exceed Twenty Thou-
sand Dollars in Value.

Sectn. 2. And be it further enacted, that the Capital
Stock of said Company, including their Real Estate, and
exclusive of their accruing profits, premiums and divi-
dends, shall be One hundred thousand Dollars and shall

* No chapter 87 in seesion pamphlet.

Acts, 1803. — Chapter 153. 783

be divided into One thousand Shares of which Fifty dol-
lars on each share shall be paid within thirty days after
the first meeting of said Company, and the remainder
within two Years after, at such instalments and under
such penalties for any failure therein, as the Directors of
said Corporation shall prescribe, and if the said Number
of shares are not already filled, Subscriptions shall be
keept open under the inspection of the President and Di-
rectors of said Company, untill the same shall be filled,
Provided — That in the event of any loss or losses from
that part which shall have been first paid of the 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 use of this In-
stitution, and Provided that no transfer of any Share or
Shares, in said Capital Stock, shall be permitted, or be
valid, untill the installments thereof shall be fully paid.

Sectn. 3. A7id be it farther enacted, that the said First meeting.
Company shall have their first Meeting on or before the
first Monday of July next at such hour and place in the
second parish in Wells in the County of York, as the said
Tobias Lord, Eliphalet Perkins, Robert Town, John Low
and Nahum Morrell, or any three of them shall appoint;
and of which they shall give fourteen days previous notice
by an Advertisement in the Newspaper printed in Wells,
or by posting up the same in some public places in the
Towns of Wells and Arundel. And at the said first ^^^^,'^'^\^,
meeting or some adjournment thereof, the said Company, be determined ;
or those of them who shall be then and there assembled, cho'sen"
shall agree and determine by what Installments, and
under what penalties for any failure therein, the shares
of said Capital Stock shall be paid, and shall elect by
ballot twelve directors, who being sworn to the faithfuU
discharge of their trust before some Justice of the peace
for the County of York, shall continue in oflice untill the
first Monday of January next, and untill another election
of Directors and on the said Monday of tJanuary next and
afterwards on the like day annually, during the contin-
uance of this Corporation the said Company shall be con-
vened, in said second parish in Wells, in such manner as
they shall direct ; and at such annual meeting, or at an
adjournment thereof, twelve directors shall be elected in
the like manner as aforesaid and being sworn as aforesaid,

784

Acts, 1803. — Chapter 153.

Eligibility of
directors.

President to be
cboseu.

Meetings of
stockholders.

Payment for
shares; invest-
ment of capital.

shall continue in Office for the Year then next ensuing,
and untill others shall be chosen and sworn in their place.
— Provided, That no person shall be elegible as a director
in said Company who is not a Stockholder therein, or who
is a director in any other Marine Insurance Company.

Sectn. 4. And be it further enacted. That the twelve
directors, who shall be first elected as aforesaid, and their
successors in office afterwards annually, or a Majority of
them, shall as soon as may be, after every election, con-
vene in said second parish in Wells, and shall choose one
of their number to be President ; and in any vacancy of
the President or other Director, a meeting of the Stock-
holders shall be called for the choice of a director, and by
election as aforesaid the vacancy shall be filled untill the
next ensuing annual election.

Sectn. 5. And he it further enacted. That the Stock-
holders may be convened by the President or by a
Majority 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, the Meetings of the Stockholders may be
notified by an Advertisement in any Newspaper printed
in Wells ten days at least previous thereto, or in such
other manner as the Stockholders may prescribe, at every
meeting of the Stockholders, the President, and in case
of his absence one of the Stockholders chosen for that
purpose, shall Preside, and the Secretary shall record
the proceedings of such Meeting, Elections and other
questions shall be determined by a Majorit}'^ of votes,
reckoning one vote to each share : Provided — That no
Stockholder shall have more than Ten Votes ; and pro-
vided also that Stockholders who are absent may vote by
proxy under such regulations as the directors shall pre-
scribe.

Sectn. 6. And he it further enacted, That the first
and other installments of the Shares in the said Capital
Stock shall be paid to the said President and Directors,
at such place as they shall order and notify, and it shall
be the duty of said President and Directors, to vest,
within six months after payment of each installment the
said receipts 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 some incorporated Bank

Acts, 1803. — Chapter 153. 785

within this Commonwealth, or in all of them at their dis-
cretion, saving what shall be vested in Real Estate as
aforesaid.

Sectn. 7. And be it further enacted^ That after the sum Business
of Fifty thousand Dollars shall be paid and received as
aforesaid upon the Capital Stock of said Company, the
President and Directors of said Company shall have Au-
thority, in the behalf and for the Account of said Com-
pany, to engage and undertake Marine Insurances of
every kind ; more especially Insurances upon Vessels,
Freights, Money, Goods and effects, and against the
Captivity, and upon the life of any person during his ab-
sence at Sea, and upon bottomry and respondentia bonds
and Contracts : Provided the said Company or their di-
rectors shall not directly or indirectly deal or trade in
buying or selling any goods, wares or merchandise what-
soever.

Sectn. 8. And be it further enacted^ That the Presi- Meetings of
dent and Directors of said Company shall manage the
stock and property and conduct the affairs, undertakings
and concerns of said company, conformably to the pur-
poses of their association, and the authority and privi-
ledges thereby granted them, The said President and
Directors shall hold stated Meetings once at least in every
month, and shall be convened by the President, or by any
two directors, whenever they shall think fit, and seven of
the Directors shall be a quorum for the transaction of
business, and questions before them shall be decided by a
Majority of votes present. They shall have power to secretary and
establish, annually, a reasonable Salary for their Presi- appointed^nd
dent, to appoint and employ a Secretary, Clerks and j"ig}fea^*'*^"
such agents and Servants as they may find necessary, and
to grant them reasonable Salaries and compensations.
They shall have power to make and prescribe reasonable
bye laws and regulations, for the government of their
officers. Agents and Servants ; and respecting the meet-
ings of the Stockholders, and of the Directors, and the
mode of establishing proxies and of voting in such meet-
ings respectively, respecting the transfer of shares, and
all other bye laws rules and regulations as to them shall
appear proper and needfull, touching the management
and disposition of the Stock, property, estate and eftects
of said Company. — Provided, That such bye laws and
regulations shall not be repugnant to the Constitution and
Laws of this Commonwealth.

786

Acts, 1803.— Chapter 153.

Committee for
traDsnctiou of
business.

In case of loBses
affecting the
capital.

Semi-annual
dividends to be
made.

Triennial state-
ments to be
made.

Sectn. 9. And be it further enacted, That the Presi-
dent and two other directors, to be appointed in rotation
by the President shall be a committee to convene daily,
if need be, for the transaction of business and shall, dur-
ing the pleasure of the directors, have authority to make
contracts of Insurance : And all policies of Marine Insur-
ance which shall be subscribed by the President or in
any vacancy of that office, or in case of his Sickness, dis-
ability or absence, by any two directors and counter-
signed by their Secretary shall be valid and effectual
against the said Company : and every adjustment or set-
tlement which shall be made by the President and Direct-
ors, of losses and claims arising under such policies,
shall be conclusive against the said Company agreeably to
Law.

Sectn. 10. 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 and received as aforesaid, the Presi-
dent and directors of the said Company, who, after notice
of such loss or losses, shall undertake for said Company
in any other Policy of insurance, shall be liable jointly
and severally, in their own persons and estates, for the
deficiency of the said Capital Stock, to discharge the loss
or losses, if any, which shall arise thereon.

Sectn. 11. And be it further enacted, That the Pres-
ident and directors of the said Company on the second
Monday of December next, and afterwards, half Yearly,
on the second monday of June and December in every
Year, shall and may divide, at equal rate to each share in
said Capital Stock, so much of the interest and net
profits, which shall have accrued thereon, other than
monies and demands paid or payable upon risks outstand-
ing and undetermined, as to them shall appear prudent
and reasonable, and such dividend shall be declared, and
shall be payable at the office of the said Company : Pro-
vided — That no dividend shall be made after any diminu-
tion of said Capital Stock untill the same shall have been
from the said accruing profits ; or otherwise, reestablished
at the original amount.

Sectn. 12. And be it further enacted, That once in
every three Years at least, and whenever a majority of
the Stockholders shall require it, the directors for the
time being, shall lay before the Stockholders at their an-
nual meeting, or at a special meeting to be called for that

Acts, 1803. — Chapter 153. 787

purpose, a particular statement of the affairs of the Com-
pany, of their estate and effects, and of the remaining
profits, if any, which shall have accrued on their capital
stock, with the losses and dividends on hand, if any,
charo-eable aoainst the same.

Sectn. 13. And be it further enacted^ That the shares shares liabio to
and property of every stockholder in the said capital and execution;
stock shall be liable for his Just debts, and may be at- ^ruTed^.^"^^'
tached therefor, and levied in execution, at the suit, or
for the satisfaction of his Creditors and the officer making
such attachment, or levying such execution, shall notify
the same to the President, or to the Secretary of said
Company ; and shall leave a Copy of the process, whereby
the attachment or levy shall be made, at the office of said
Company, and no transfer of such debtors shares or prop-
erty in said capital stock, not before noted in the Books
of the said company, shall be valid or effectual against
such attachment or levy. And it shall be the duty of the
said President, or Secretary 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 said capital stock, and of the dividends, if any,
due thereon ; And such shares and property, when taken
by virtue of an execution, or so much thereof as shall be
requisite to satisfy the demands of the creditor therein
and all fees, shall be exposed to sale as other personal
estate ; and the purchaser, who shall [be] become entitled
under such execution, shall succeed to such debtor as his
lawfull Assignee : and shall have a certificate of such
transfer accordingly from the Secretary of said company.

Sectn. 14. And be it further enacted, That the Pres- Amount of

' t , itj^ c •^ ' A 1 •! stock, &c. to be

ident and directors ot said company, previous to subscrib- published
ing any policy of Insurance, and once in every Year '^^^^''''y-
afterwards, shall publish in the Newspaper printed in
Wells, or by having continually posted up in the office
of said Company the amount of their capital stock, and
upon what risks and to what amount in any one risk,
they propose to insure : Provided ^Nevertheless, That the
said president and directors shall not be allowed to insure
on any one risk, a larger sum than ten per centum of
the amount of the capital stock of said company actually
paid in.

Sectn. 15. And be it further enacted, That the Pres- statement to be
ident and Directors of said company when ever it shall be "gls^atuJe"
required by the Legislature of this Commonwealth, shall ^^'^'^ required.

788

Acts, 1803. — Chapter 154.

Three justices
to conetitute a
Court.

A special jus-
tice may sit, in
tlie absence of
a standing
justice.

Courts to have
same powers
as Courts
of Sessions,
with certain
exceptions.

lay before them a true statement of the affairs of the said
company and submit themselves to an examination under
oath, concerning the same. Approved March 9, 1804.

1803. — Chapter 154.

[January Session, eh. 89.]

AN ACT FOR ENLARGING THE JURISDICTION OF THE COURTS
OF COMMON PLEAS, AND OTHER PURPOSES.

Sec. 1. Be it enacted hy the Senate and House of
Representatives, in General Court assembled, and hy the
Authority of the same. That from and after the passing
of this Act, the Courts of Common Pleas within this
Commonwealth, in each of those Counties, where there
are now not more than three Justices of said Court, and
in every other County, whenever the number of Justices
of said Court shall, by death, resignation or otherwise,
be reduced to three, shall respectively consist of three
Justices, and no more, to be appointed and qualified as
the Constitution and law direct ; and the Governor, with
the advice and Consent of Council, may, from time to
time, appoint one of said three Justices to be Chief Jus-
tice of said Court ; and all Writs and processes issuing
from said Court shall bear test of the Chief Justice thereof,
except where he shall be a party. And when there shall be
no such Chief Justice ; in which cases such Writs and
processes shall bear test of the Senior Justice, who is not
a party.

Sec. 2. Be it further enacted, that in case of the
death, absence, or legal disqualification of one or two of
the Justices of either of said Courts, one or two of the
special Justices, as the case may require shall sit in the
place of such deceased, absent or disqualified Justice or
Justices, and shall, for the time being, have the same
powers and duties as a standing Justice or Justices of
said Court : Provided however, that no such Court shall
be holden by a smaller number than three Justices, one
of whom shall, in all cases, be a standing Justice thereof.
Sec 3d. Be it further enacted, that the said Courts
shall have, exercise and perform all the powers, author-
ities and duties, which, before and until the passing of
this act, the respective Courts of General Sessions of the
peace, within the several Counties in this Commonwealth,
have, by law had, exercised and performed, except as to
erecting and repairing Goals, and other County buildings ;
allowing & settling County accounts ; estimating, appor-

Acts, 1803. — Chapter 155. 789

tioning and issuing warrants for assessing County taxes ;
granting licences, & laying out, altering & discontinuing
highways & town ways, & appointing Committees and
ordering Juries for that purpose.

Sec. 4. JBe it further enacted, that all actions, ap- acUodb.&c,
peals, indictments, presentments, recognizances, venires, counsof'ses.
warrants & processes, pending in, taken for, or continued returned'fo
or returnable to the Courts of General Sessions of the |^°"n pieL?°"'"
peace in the several Counties in this Commonwealth, ex-
cept such as in the Section last aforesaid are excepted,
shall be returned to, entered, have day, be proceeded in
and determined by the respective Courts of Common pleas
within & for the same Counties — and that all appeals,
recognizances and other processes which shall hereafter
be granted & taken, shall be fijranted to, and taken for the
Courts of common pleas in the respective Counties, in all
cases in which the jurisdiction thereof is by this act vested
in said Courts of common pleas.

Sec. 5. And he it further enacted, that no appeal shall feguMed'!^'"''''
hereafter be allowed from the judgement of any of said
Courts of common pleas in any action founded on simple
Contract, wherein it shall appear that the demand of the
Plaintiff does not exceed fifty dollars, & whenever, in any
action founded on simple Contract, the Plaintiff shall de-
mand more than fifty dollars, and shall not by the judge-
ment of the Supreme Judicial Court on the appeal thereof
recover a larger sum than fifty dollars, the defendant
shall recover his legal costs arising in such action after
the appeal thereof, unless such appeal was made by the
Defendent, in which case the Plaintiff shall be entitled to,
& recover double costs after the making such appeal ; —
and no appeal shall hereafter be allowed from any judge-
ment rendered in any Court of Common pleas on default.

Approved March 9, 1804.

1803. — Chapter 155.

[January SeseloD, ch. 90.]

AN ACT TO REPEAL IN PART, & FOR MAKING FURTHER ADDI-
TIONS TO THE ACT, ENTITLED, "AN ACT TO PREVENT FRAUD
& DECEPTION IN PACKING OF PICKLED FISH, & TO REGULATE
THE SIZE & QUALITY OF THE CASKS, AND THE EXPORTATION
THEREOF FROM THIS COMMONWEALTH, & TO REPEAL ALL
LAWS HERETOFORE MADE FOR THIS PURPOSE."

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

790

Acts, 1803. — Chapter 155.

Part of former
law repealed.

Salt.

Imported fish.

Fish not enti-
tled to draw-
back not to be
branded.

Clams, &c.

authority of the same, that so much of the first section of
the Act, entitled, " an Act to prevent fraud & deception
in packing of pickled fish, & to regulate the size & qual-
ity of the Casks, & the exportation thereof from this Com-
monwealth, & to repeal all laws heretofore made for this
I)urpose," as provides that all pickled fish shall be packed
in barrels, half-barrels & tierces made of white oak or
ash staves, & so much of the third Section of said Act as
points out the quantity of salt to be used in packing fish
in Tierces, barrels & half barrels, or makes it necessary to
weigh such fish as are packed whole is hereby repealed.

Sec. 2. Be it further enacted. That from & after the
passing of this Act, the barrels, half barrels & Tierces
hereafter made use of for the packing of pickled fish may
be made of pine, spruce or red oak rift timber.

Sec. 3. Be it further enacted. That forty pounds of
salt shall be put into each barrel of fish when packed for
a market, & the same proportion for Tierces & half barrels.

Sec. 4. Be it further enacted that none of the fish
called Monheden shall be hereafter exported from this
Commonwealth if salted with their heads on.

Sec. 5. Be it further enacted, that nothing in the act
passed the twenty third day of June last, shall l)e con-
sidered to extend to any fish imported into this Common-
wealth from any foreign port.

Sec. 6. Be it further enacted, that no brand shall be
fixed to any Cask of fish, except such as is entitled to a
drawback on exportation, by a law of the United States.

Sec. 7. Beit further enacted, tXidX all shelled Clams,
or other Shell'd fish used for fish bait, hereafter ofiered
for sale, shall be put in barrels or half barrels of the de-
scriptions mentioned in the Act to which this is in addi-
tion, & the Casks shall be filled full & salted sufficient to
preserve the same, & any person who shall offer for sale,
such aforesaid shelled fish, which are not packed agree-
able to this act shall forfeit & pay for each offense five
dollars to any person who shall see fit to prosecute such
oflfender. Approved March 9, 1804.

Acts, 1803. — Chapter 156. 791

1803. — Chapter 156.

[January Session, ch. 91.]

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS
OF BRIDGWATER, IN THE COUNTY OF PLYMOUTH, AND
OF EASTON IN THE COUNTY OF BRISTOL, INTO A DISTINCT
RELIGIOUS SOCIETY, BY THE NAME OF THE FIRST BAPTIST
SOCIETY IN BRIDGWATER.

Sect. 1st.. Be it enacted hy the Senate <& House of
Representatives, in Genei'al Court assembled, and by lite
authority of the same, that Daniel Lothrop, George How- Persons iucor-
ard, James Perkins, Jesse Howard, Nehemiah Howard,
Daniel Snow, Barnabas Dunbar, Zephaniah Lothrop,
James Howard jr., Josiah Lothrop jr., Mark Lothrop,
Benjamin Alger, Jonathan Lothrop, Israel Alger, Joseph
Alger, Calvin Howard, Barnabas Howard, Nehemiah
Howard, Isaac Hartwell, Willis Alger, Nathan Alger,
Alpheus Leach, Nathan Alger 2d., Jesse Howard jr.,
Lloyd Howard, Ebenezer Alger, Cyrus Snow, Nathan
Harvey, Oliver Harvey, Daniel Alger, Job Randall, Wm.
Basset, Byram Harvey, Rufus Perkins, Thomas Leach,
Barnum Hill, Silas Andrews, Nathaniel Ames, and Eph-
raini Willis members of a religious Society, together
with their polls & Estates, be and they are hereby incor- Corporate
porated, l:»y the name of The First Baptist Society in °'""''"
Bridgwater, with all the powers, priviledges, and immu-
nities to which Parishes are entitled, by the Constitution
and Laws of this Commonwealth.

Sect. 2d. And be it further enacted, that any person Method of
in the Town of Bridgwater, in the County of Plymouth, Jo'°'°g ^^^^^^'y-
or Easton in the County of Bristol, who may hereafter
actually become a member of, and unite in religious wor-
ship, with said Baptist Society in Bridgwater, &, shall
give in his or her name, to the Clerk of the town or i)ar-
ish to which he or she belongs, with a Certificate, signed
by the minister or Clerk of said Baptist society, that he,
or she, has actually become a member of, and united in
religious worship with said Society in Bridgwater, four-
teen days previous to the parish meeting therein to l)e
held in the month of March or April annually, shall from
and after giving such certificate, with his or her polls and
estates, be considered as a member of said Society :
Provided hotvever, that such person shall be held to pay,
his or her proportion of all money, asesscd in the said

'92

Acts, 1803. — Chapter 157.

Method of
leaving society.

First meeting.

Parish, to which he, or she belonged, previous to that
time.

Sect. 3d. And he it further enacted^ that when any
member of said Baptist society shall see cause to leave
the same, and unite in religious worship, with the relig-
ious Society of the Parish whereof he is an Inhabitant,
and shall give in his, or her name, to the Clerk of the
said Baptist Society, with a Certificate signed by the Min-
ister or Clerk of the Parish, or 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 religious Society, fourteen days previous
to their meeting therein, to be held in the month of March
or April annually, and shall pay his or her proportion, of
all money assessed in said Society previous thereto, such
person shall from and after giving such certificate, with
his or her polls & estate, be considered, as a member of
the Society, to which he or she has so united. Provided
however that no person by the provisions of this Act
shall be allowed to join any society other than in the
Parish where he resides unless such Society be of a dif-
ferent denomination.

Sect. 4th. And he it further enacted, that any Justice
of the Peace for the County of Plymouth, be and he is
hereby authorised, to issue a warrant, directed to some
suitable person a member of said Society, requiring him
to notify all the members thereof, qualilyed to Vote in
Parish affairs to assemble at such convenient time and
place as shall be appointed in said Warrant, to choose
such Officers, as Parishes are by law empowered to
choose in the month of March or April annually, & to
transact all other matters and things, necessary to be done
in the said society. Approved March 9, 1804.

Governor
to appoint
managers.

1803. — Chapter 157.

[January Session, ch. 92.]

AN ACT GRANTING A LOTTERY FOR THE PURPOSE OF COM-
PLETING THE LOCKS AND CANALS AT AMUSKEAG FALLS,
IN THE STATE OF NEW HAMPSHIRE.

Sec. 1st. Be it enacted hy the Senate and House of
Representatives, in General Court assemhled and hy the
authority of the same, that the sum of Ten thousand Dol-
lars, be raised by Lottery, for the purpose of completing
the Locks and Canals at Amuskeag Falls aforesaid, and

Acts, 1803. — Chapter 158. 793

that his Excellency the Governor be, and he hereby is
authorised to appoint three suitable persons to be Man-
agers of the said Lottery, whose business it shall be
from time to time, to make and publish such Scheme or
schemes, as shall in their opinion, liest promote the pur-
poses of said Lottery, and for drawing said Lottery, and
transacting the other business thereof.

Sec. 2d. And be it further enacted that the said Man- ManaKtrB to
agers, to be appointed by the Governor, before they enter ^'^*^
on the duties of their office shall give seperate bonds, to
the Treasurer of this Commonwealth, and his successor,
in the said Office each in the sum of Five thousand Dol-
lars, with sufficient surety, each to be answerable for his
own default, and to pay over the net proceeds of each
class of said Lottery, within sixty days after the drawing
thereof shall be compleated to the Agent to ))e appointed,
by the third Section of this Act, and the said Managers,
before they enter upon the duties of their Office, shall
severally take an oath for the faithful performance of their
trust.

Sec. 3d. And he it further enacted that his Excel- fppofnTeV." ^^
lency the Governor be and he hereby is authorised to ap-
point one Agent, who shall be authorised to receive from
the Managers, the proceeds of the Lottery, and appropri-
ate the same, solely to the completion of the Locks and
Canals at Amuskeag Falls as aforesaid. And the said
Agent shall from time to time, when thereunto required
by his Excellency the Governor, render an account of his
proceedings in the premises.

Sec. 4th. And he it further enacted, that this Act, Act limited.
as to the Grant, shall continue and be in force, for the
term of Three Years, and no longer.

Approved March 9, 1804.

1803. — Chapter 158.

[January Session, ch. 93.]

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO REGU-
LATE THE CATCHING SALMON, SHAD AND ALEWIVES, AND TO
PREVENT OBSTRUCTIONS IN MERRIMACK RIVER, AND IN THE
OTHER RIVERS AND STREAMS RUNNING INTO THE SAME,
WITHIN THIS COMMONWEALTH AND FOR REPEALING SEVERAL
ACTS HERETOFORE MADE FOR THAT PURPOSE.

Sect. 1. Be it enacted hy the Senate and House of
Representatives, in General Court assemhled, and by the

794

Acts, 1803. — Chapter 159.

Bluice-ways to
be made in
clams across
Stoney Brook.

Penalties under
former act not
to accrue if
sluice-ways are
kept open.

Act limited.

authority of the same, that so long as there shall be up-
held and maintained any Mill or Mills at the mouth of
Stoney brook (so called) in the town of Chelmsford, in
the County of Middlesex, or there shall be erected and
kept any dam or dams across the said stream for the
working of such mill or mills, it shall be the duty of the
owner or occupant of any such mill, to cause to be made
and kept open, a Sluice or passage way for fish to pass
up and down through the dam, in the same part thereof,
where the passage way now is, which Sluice, so to be ke})t
open, shall not be more than eighteen inches, nor less
than twelve inches in width, and such owner or occupant
shall be holden to keep the passage way below the dam in
good repair, as the same is now constructed.

Sect. 2. Be it further enacted, that so long as the
owner or occupant of such mill or mills as aforesaid,
shall cause to be made and left open, a Sluice or passage
way through and over such dam as aforesaid, of the form
and dimensions aforesaid, for the free passage of fish up
and down the said brook, such proprietor or occupant
shall not be fjubject to any prosecution under, or by virtue
of the act, to which this is in addition, nor to any of the
forfeitures and penalties therein contained, any law, usage
or custom to the contrary notwithstanding.

Sect. 3. Be it further enacted, that this act shall con-
tinue and be in force for the term of three years from the
passing thereof and no longer. App^'oved March 9, 1804.

New terms of
Courts of
Common
Pleas.

1803. — Chapter 159.

[January Session, oh. 94.]

AN ACT FIXING THE TIMES AND PLACES OF HOLDING THE
COURTS OF COMMON PLEAS, AND COURTS OF GENERAL SES-
SIONS OF THE PEACE IN THE COUNTY OF MIDDLESEX.

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 first day of
April next the Court of Common Pleas shall be holden at
Concord, within and for the County of Middlesex, on the
Monday next preceeding the third Tuesday of March, on
the Monday next preceeding, the first Tuesday of June, and
on the Monday next preceeding the second Tuesday of
September ; and at Cambridge, on the Monday next pre-
ceeding the third Tuesday of December, annually, any
law to the contrary notwithstanding.

repealed.

Acts, 1803. — Chapter 160. 795

Sec. 2d. A7id be it further enacted, That from and coTn'oT""^
after the first Tuesday of April next the Court of General sessions.
Sessions of the Peace for said County of Middlesex shall
be holden at Concord on the second Tuesday of Septem-
ber, and at Ca7nbridge, on the third Tuesday of February,
annually, any law to the contrary notwithstanding.

Sec. 3d. Aiid be it further enacted, that all laws ^.'^™;j;,''''''^
heretofore made and passed, fixing and ascertaining the
times and places of holding the Court of Common Pleas
and General Sessions of the Peace for the said County of
Middlesex, shall, from and after the said first day of
April next, be, and the same are hereby repealed.

Approved March 9, 1804.

1803. — Chapter 160.

[January Session, ch. 64.]

AN ACT TO INCORPORATE THE TOWNSHIP NUMBER TWO, IN
THE SECOND RANGE OF TOWNSHIPS NORTH OF THE PLYM-
OUTH CLAIM, COMMONLY CALLED KINSMANTOWN ON THE
EASTERN SIDE OF KENNEBEC RIVER IN THE COUNTY OF
KENNEBEC, INTO A TOWN BY THE NAME OF ATHENS.

Sec. 1st. Be it enacted, by the Senate and House of
Representatives in General Court assembled and by tJie
authority of the same, that the township number two, in Boundaries.
the second range of townships north of the Plymouth
Claim, and commonly called Kinsman-town on the eastern
side of the Kennebec River in the County of Kennebec ;
as described within the following bounds with the inhab-
itants thereon be and they are hereby incorporated into a
town by the name of Athens Vizt. bounded east by the
town of Harmony, south by the town of Cornville and
number three, west by Spaulding-town or number one,
and north by the Million acres owned by William Bing-
ham Esqr. ; and the said town of Athens is hereby vested
with all the powers, privileges, rights and immunities
with which other towns are vested by the Constitution
and Laws of this Commonw^ealth.

Sec. 2d. Be it further enacted, that any Justice of First meeting.
the Peace in the County of Kennebec be and he is hereby
authorised to issue his warrant directed to some suitable
inhabitant of said town of Athens requireing him to notify
and warn the inhabitants of the said town, (lualifyed by
law to vote in town affairs to meet at such convenient

796 Acts, 1803. — Chapter 161.

time and place as shall be expressed in said warrant, to
choose all such officers as towns within this Common-
wealth are by law required to choose in the Months of
March or April Annually. Ajyproved March 7, 1S04.

1803. — Chapter 161.

[January Session.*]

AN ACT TO APPORTION AND ASSESS A TAX OF ONE HUNDRED &
THIRTY THREE THOUSAND, THREE HUNDRED & TWO DOL-
LARS, AND FIFTY TWO CENTS, AND PROVIDING FOR THE
REIMBURSEMENT OF TWENTY THREE THOUSAND SEVEN
HUNDRED, AND EIGHTY TWO DOLLARS, PAID OUT OF THE
PUBLIC TREASURY, TO THE MEMBERS OF THE HOUSE OF
REPRESENTATIVES, FOR THEIR ATTENDANCE THE TWO LAST
SESSIONS OF THE GENERAL COURT.

Section 1. Be it enacted 'by the Senate and House of
Representatives, in General Court assembled, and by the
authority of the same, that each Town, District, Planta-
tion, and other place herein afternamed, within this Com-
monwealth, shall be assessed, and paid the several sums
with which they stand respectively charged in the fol-
lowing Schedule, vizt.

* Not printed in session pamphlet.

Acts, 1808. — Chapter 161.

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816 Acts, 1803. — Chapter 161.

Sec. 2. And be it further Enacted That the Treas-
urer of this Commonwealth do forthwith send his Warrant,
directed to the Selectmen or Assessors of each town, dis-
trict, plantation or other place within this Commonwealth
the inhabitants whereof are taxed as aforesaid, requiring
such Selectmen or Assessors respectively, to assess in
dollars 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 })laces adjoining them belonging to no other
town, district or phmtation {provided such places were
returned or included in the last valuation), all the polls
aforesaid, being minors, apprentices or servants, under
the immediate government of a parent, master or mistress,
living in the same town, district or })hintation, 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,
plantation or other place I'espectively, as .'iforesaid, (after
deducting the sums assessed on the polls as aforesaid) to
assess on the inhabitants of such town, district, plantaticm
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 respectively, 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 im})roved,
(excepting pews in houses of public worship) or upon
the owners of real estate in such town, district, plantation,
or other place whether such owners reside within the same
town or not, upon the said first day of May according to
the just value of such real estate, and on the nonresident
proprietors 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 ; & 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 respective
l)ersonal estates, including monies at interest more than
they pay interest for, although the same be secured by an

Acts, 1803. — Chapter 161. 817

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 l)ridges or turnpike roads according to the just
value thereof; and also the just amount of the value of all
goods, wares & merchandize, or any other stock in trade ;
vessels of all sorts at home or abroad with all their stores
& appurtenances, mules, horses and neat cattle, each of
one year old, and upwards, provided hoivever, that mules,
horses & neat cattle belonging to the inhabitants of any
town, and sent out of said town for pasturage only, pre-
vious 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 .
household furniture, wearing apparel, farming utensils and
tools of mechanics, on the said first day of May. And the
Assessors of the respective towns, districts, plantations &
other places as aforesaid, shall estimate all the before
enumerated 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 in-
comes of the inhabitants within their respective precincts
as aforesaid, from any profession, handicraft, trade or
employment, or gained by trading on sea, or on land.
And the Treasurer in his said Warrant, shall likewise re-
quire 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 ; and if as guar-
dian, or for any estate in his or her possession in trust,
to be distinctly expressed ; and also to insert in their rate
bills the number of acres of unimproved land which they
have taxed to each of the nonresident proprietors of lands
within their respective towns, districts, ])lantations or
other places, and also the real value at which they have
estimated the same ; and the list or lists so complcatcd
and signed by them in manner aforesaid, or by the major
part of them, to commit to the Collector or Collectors,
Constable or Constables of such town, district, plantation

818 Acts, 1803. — Chapter 161.

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, ia the year of Our Lord One thousand
eight hundred & five, and also to return a certificate of
the name or names of such Collector or Collectors, Consta-
ble or Constables, with the sum total committed to them
respectively to collect, to the said Treasurer sometime
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 &
wharves in other towns than where they dwell or reside,
and whose property and ability in this regard cannot be
so well known to the Assessors of the several towns dis-
tricts or plantations, wherein such persons dwell or reside,
. as to the Assessors of the several towns wherein their
business is transacted as aforesaid,

Sec. 3. Be it therefore enacted, that all such persons,
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 acordingly
give in on oath, if required, a list of their whole estate re-
spectively, 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
ahvays, 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. 4. Provided nevertheless, <& be it further en-
acted. That the President, Professors, Tutors, Librarian
& 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 esta1)lished and latin grannnar school masters, are not
to 1)6 assessed for their polls, and estates under their own
actual management or improvement, lying in the towns,

Acts, 1803. — Chapter 161. ' 819

districts or parishes where they are settled ; and also all
persons who have the management of the estates of Har-
vard College, Williams College and Bowdoin College,
and Academies aforesaid in this Commonwealth, are not
to be assessed for the same, nor Indians for their polls
and estates ; & if there be any others, who by reason of
age, infirmity or poverty, are unable to pay towards the
pul)lic charges, and in the judgement 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 eq[?<]itablc.

Sec. 5. And he it further enacted, "Yhat the Justices
of the Peace at their several Sessions in their respective
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 proportions 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 them-
selves by the same rules, and assess the polls in their re-
spective towns, parishes or Societies, in the same propor-
tion as the said polls pay towards the several sums, with
which the said towns or other places by this act respec-
tively stand charged, having regard to all such alterations
of polls or property as may happen within the same, sul^-
sequent 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.

Provided always, 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 deter-
mine to be expedient, at a legal meeting warned for that
purpose. And the Assessors of the several towns Avhich
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 ajipor-
tion the same in the same proportion at which such ])olls
and estates shall be resi)ectivel3'' set for raising the Sum
of One hundred & thirty three thousand, three hundred &
two Dollars, and fifty two cents.

820

Acts, 1803.— Chapter 161.

Sec. 6. And be 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
defraying the expenses of Government. And 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. 7. And be 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 l)e taxed as required in this Act, be, and
hereby are directed to make their several rate lists, to be
committed to Collectors or Constables, in the forms pre-
scribed at the foot of this Act.

Form of Rate Lists to be made by Assessors, and committed to Collectors
or Constables.

STATE TAX.

Names of Persons
to be taxed.

Namber
of Polls.

Persoiial Estate
and income.

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

Dollars. Cents.

Approved March 7, 1804.

RESOLVES

MASSACHUSETTS.

1803.

EESOLVES

GENERAL COURT

Commonwealth of Massachusetts,

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK,

ON WEDNESDAY, THE TWENTY-FIFTH DAY OF

MAY, ANNO DOMINI, 1803.

BOSTON :

PRINTED BY YOUNG & MINNS,

Pfinten to the Honorable the General Court.

Reprinted by Whiuht & roiTEH Printing Company, State Printers.

RESOLVES

OF THE

GENERAL COURT OF THE COMMONWEALTH
OF MASSACHUSETTS.

BEGUN AND HELD AT BOSTON, IN THE COUNTY OF
SUFFOLK, ON WEDNESDAY THE TWENTY-FIFTH DAY
OF MAY, A.D. 1803.

GOVERN OR.
His Excellency CALEB STRONG, Esquire. .

LIEUTENANT GOVERNOR.
His Honor EDWARD H. ROBBINS, Esquire.

COUNSELLORS.

Honorable Nathan Gushing, Honorable Salem Town,

John Hastings, Nathaniel Marsh,

Oliver Wendell, Stephen Bullock,

Alexander Campbell, . Artemas Ward,Esqrs.

Esqrs.

SENATORS.

Hon. DAVID COBB, Esq. President.

Suffolk. Hami-shike.

Hon. John C. Jones, Hon. Samuel Fowler,

Jonathan ]\Iason, Ezra Stai-kweather,

William Tudor, John Hooker, Esqrs.

David Tilden, Esqrs.

York.

Essex. Hon. Simon Frye,
Hon. Enoch Titcomb, John Woodman, Esqrs.

Benj. Piekman, jun.

John Heard, Bristol.

Elias H. Derby, Hon. Alden Spooner, Esq.
Dudley A. Tyng, Esqrs.

Plymouth.

^Middlesex. Hon. Isaac Thompson,
Hon. Jonathan ]\Iaynard, Beza. Hayward, Esqrs.

Aaron Hill,

William Hildreth, Barnstable.

William Hull, Esqrs. Hon. John Dillingham, Esq.

826

Eesolves, 1803. — May Session.

SENATORS— Concluded

Dukes County and Nan-
tucket.
Hon, Isaac Coffin, Esq.

Worcester.
Hon. Daniel Bigelow,
Elijah Brigham,
Thomas Hale, Esqrs.

Cumberland.
Hon, Woodbm-y Storer,

John Cashing, Esqrs.

Berkshire.
Hon. John Bacon,

Barnabas Bidvvell, Esqrs.

Norfolk.
Hon. John Ellis,

John Howe, Esqrs.

Kennebeck.
Hon. John Chandler, Esq.

Rev. WILLIAM EMERSON, D.D., Chaplain.
WENDELL DAVIS, Esq., Clerk.

EG USE OF REPRESENTATIVES.

Hon. HARRISON GRAY OTIS, Esq. Speaker.

County of Suffolk.

Boston, Harrison Gray Otis,
John Lowell,
Jona. Hunnewell,
Samuel Farkman,

William Smith,
William Bi'own,
John Phillips,
ningham, Nathan Rice.

Cmmty of Essex.

Salem, Joseph Sprague,

John Ilathoi'ne,

Jonathan Waldo,
Dcmvers, Gideon Foster,

Samuel Page,
Ipswich, Nathaniel Wade,

Jona. Cogswell,

Joseph Swasey,
Netvburij, Josiah Little,
Newhuryport, Jonathan Marsh,

Jeremiah Nelson,

Nicholas Johnson,

Thomas Carter,

Thomas M. Clark,

Mark Fitz,
Marblehcad, Joshua Prentis,

Richard James,

Marblchead, Nathan B. Martin,

John Prince,
Lynn <& Lynnjield, Abner

Cheever,
Andover, Thomas Kittridge,
Beverly, Joseph Wood,

Israel Thorndike,
Roioley, Moody Spalibrd,
Salisbiiry, Jonathan Webster,
Haverhill, Francis Carr,
Gluncester, Daniel Rogers, jun.
A7nesbury, Chi'istopher Sargent,
Bradford, Nathaniel Thurston,
Mdhueji, William Russ,
Wenham, Samuel Blanchard,
Hamilton, Robert Dodge,
Boxford, Thomas Perley.

County of Middlesex.

Cambridge, Jonathan Loring

Austin,
Watertown, Jonas White,
Charlestoivn, Thomas Harris,
IVIatthew Bridge,

Woburii, Loammi Baldwin,
Concord, Joseph Chandler,
Neivton, Timothy Jackson,
Reading, James Bancroft,
Marlborough, John Loring,

Resolves, 1803. — May Session.

827

REPRESENTATIVES— Continued.
County of Middlesex — Concluded.

Billcrica, James Abbot,
i^rawt/if/Ztajn, Jonathan Maynard,
Lexington, Isaac Hastings,
Sherburne, Daniel Whitney,
Sudbury, Jonathan Rice,
Maiden, Jonathan Oakes,
Westo7i, John Slack,
Medford, Nathaniel Hall,

Eopkinton, Timothy Sheppard,
Westford, Jonathan Carver,
Groton, Samuel Dana,
Pepperel, Joseph Heald,
Dracut, Isi'ael Hildreth,
Holliston, Ephraim Littletield,
Acton & Carlisle, Asa Farlin,
Lincoln, Samuel Hoar.

County of Worcester.

Lancaster, Jonathan Wilder,
Mendon, Joseph Adams,
Brookfeld, John Cutler,
Westborough, Nathan Fisher,
Leicester, Nathaniel P. Denny,
Rutland, Jonas Howe,
Sutton, Stephen Monro,
Dudley, Thomas Larned,
Uxbridge, Bezaleel Taft,
Worcester, Samuel Flagg,

Edward Bangs,
Shreivsbtiry, Jonah Howe,
Harvard, Thomas Park,
Upton, Wilson Rawson,
Hardwick, John Hastings,
Holden, Elnathan Davis,
Leominster, Jonas Kendall,

Douglas, Aaron JIarch,
Charlton, Salem Town,
Petersham, Daniel Bigelow,
Teinpleto7i, Lovel Walker,
Fitchburg, Josejih Fox,
Winchendon, William Whitney,
Royalston, Isaac Gregoiy,
Hubbardston, Jonathan Gates,
Westminster, Jonas Whitney,
Barre, Joel Bent,
Sterli7ig, Israel Allen,
Boylston, James Longly,
Oxford, Sylvanus Town,
Spencer, Benjamin Drury,
Neio Braintree, James Woods,
Sturbridge, Thomas Ui)ham,
Grafton, Josejjh Wood.

County of Hampshire.

Springfield, William Ely,

West S]iri7igficld, Jonathan Smith,
Jun.

Wilbraham, John Bliss,

Northampton & Easthamjiton,
John Taylor,

South Hadley, Ruggles Wood-
bridge,

Amherst, Zebina Montague,

Qranby, David Smith,

Deerficld, David Hoit,

Conuiay, Reuben Bardwell,

South Brimficld & Holland, Rin-
aldo Webber,

New Salem, Varney Pearce,

Worthington, Ezra Starkweather,

Monson, Abner Brown,

Hadley, Samuel Porter,

Northfield, Elisha Hunt,

Belchertown, Eleazer Clax'k,
Colrain, Hugh Mcl.ellan,
Charlemo7it, Joseijh Nash,
Southwick, Joseph Forward,
Southampton, Lemuel Pomoroy,
Wai-wick & Orange, Josiah Cobb,
Bernardstown & Leyden, Lemuel

Foster,
Palmer, Aaron Merrick,
Cummington & Plainfield, James

Richards,
Longmeadoio, Nathaniel Ely,
Hatfield, John Hastings,
Greenfield & Gill, Jonathan

Leavitt,
Blandford, Eli P. Ashmun,
Hawley, Edmond Longley,
Granville, Israel Parsons,
Titus Fowler,

828 Resolves, 1803. — May Session.

BEPRESENTATIYEa— Continued.
County oj Plymouth.

Plymouth, John D. Dunbar, Pembroke, Nathaniel Smith,

Scituate, Charles Turner, jun. Abington, Aaron Hobart,

Duxbury, Setli Sprague, Hanover, Albei-t Smith,

Marshjield, Elisha riiillips, Bridgetvater, Daniel Snow,

Middleborough, John Tinkham, Kingston, Seth Drew.
Rochester, Elisha Ruggles,

County of Barnstable.

Barnstable, Isaiah L. Green, FalmoiUh, David Nye,

Sandwich, William Bodfish, Chatham, Richard Sears,

Yarmouth, Elisha Doane, Orleans, Richard Sparrow,

Harivich, Ebenezer Broadbrook, Brewster, Isaac Clark,

County of Bristol.

Taunton, Jonas Godfrey, Raynham, William Augustus
Rehoboth, Frederick Drown, Leonai'd,

Swansey, Christopher Mason, Easton, Abiel Mitchell,

Dartmouth, Holder Slocum, Berkley, Apollos Tobey,

Norton, Laban AVheaton, New Bedford, Benjamin Church,
Attleborotigh, Ebenezer Tyler, jun.

Dighton, George Walker, Westport, Abner Brownell,

jFrce^oww, Nathaniel Morton, jun. Somerset, Francis Borland,

County of York.

York, Samuel Darby, Sanford & Alfred, John Holmes,

JTzWeny, Mark Adams, Pepj^erclborotigh, Thomas G.

Berwick, John Lord, Thornton,

Biddeford, Nathaniel Webster, Samuel Scammon,

Armidell, Thomas Perkins, 3d. Wells, Nathaniel Wells,

Buxton, Samuel Merrill, jun. Lyman, John Low,

Lebanon, Thomas M. Wentworth, Watei'borough, James Carlisle.

County of Dukes County.
Edgarton, William Mayhew, Tisbury, Benjamin Allen.

County of Nantucket.
Nantucket, Micajah Coffin.

County of Cumberland.

Scarborough, Joseph Emerson, New Gloucester, Joseph E. Fox-
No. Yarmouth, James Prince, croft,

Falmouth, Archelaus Lewis, Portland, Joseph Titcomb,
Brunswick, John Dunlap, William Symmes,

Earpswcll, Benjamin Duning, Paris, Josiah Bisco,

Windham, Peter T. Smith, Leiuiston, John Herrick,

Oorham, Lathrop Lewis, Livermore, Cyrus Hamlin,

Cape Elizabeth, Mark Dyer, Hebron, Samuel Parris.

Eesolves, 1803. — May Session. 829

REPRESENTATIVES— Concluded.

County of Lincoln.

Oeorgetown, Mark Langdon Hill, Litchfield, James ShurtletV,

New Castle, John Farley, Lisbon, Noah Jordan,

Woohinch, Peleg Tallman, Bristol, John Johnston,

Wiscnsset, David Payson, Waldoborougli, W a t e r ni a n

Toj^sham, Benjamin I. Porter, Thomas,

Thomaston, Henry Knox, Warren, Benjamin Brackett,

Bath, Samuel Davis, St. George, John MeKellar.
Bowdoin, Smith Baker,

County of Berkshire.

/StorA:6nV7grc, Jonathan Patten, New Marlborough, Benjamin

Egremont, Nicholas Kaee, "Wheeler,

Fillsfield, Joshua Danforth, W. Stockbridge, Enoch W. Thayer,

Great Barrington, Thomas Ives, Lee, Joseph Whiton,

Southfield & Sandisfield, John Richmond, Noah Rosseter,

Picket, Adams, Abi-aham Howland,

Tyringham, Adonijah Bidwell, Cheshire, Jonathan Richardson,

IjCuox, Elijah Northrup, Lanesborough & } Gideon

Windsor, Amos Holl>rook, New Ashford, \ Wheeler,

Fartridgefield, Cyrus Stowell, Williamstown, William Young.

County of Hancock.

Hampden, Martin Kinsley, Frankfort, Abner Bicknell,

Orringlon, Oliver Leonard, Belfast, Jonathan Wilson,

Fenobscot, Jeremiah Wardwell, Castine, Oliver Mann.
Vinalhaven, AVilliam Vinall,

County of Norfolk.

Dorchester, Perez Morton, Necdham, Jonathan Kingsbcry,

Roxbury, Joseph Heath, Medvuty, John Ellis,

William Brewer, Walpolc, William Bacon,

Crowell Hatcli, Stoughto7i, Ijcrm\e\ (iaj,

Weymouth, James Lovell, Cohasset, Thomas Lothrop,

Dedham, Ebenezer Fisher, Frnyiklin, John Boyd,

Mcdfield & Dover, John Baxter, Randolj^h, Joseph AVhite,

Milton, David Tucker, Canton, Joseph Bemis,

Wrentham, Nathan Comstock, Bellinghnm, Laban Bates,
Brookline, Stei)hcn Sharj),

County of Kennebeck.

Augusta, Samuel Howard, Hallotvell, Nathaniel Pei'ley,

Wifithroj), Nathaniel Fairbanks, Readficld, John Hul)bard.
Fittston, Samuel Oakman,

Rev. THO^L\S BAT>DWTN, Chaplain.
NICHOLAS TILLINGHAST, Esq., Clerk.

830 Resolves, 1803. — May Session.

REPORT OF THE COMMITTEE ON DEFICIENT TOWNS, &c.
IN NOT RETURNING VOTES FOR GOVERNOR, LIEUTENANT-
GOVERNOR, COUNSELLORS, AND SENATORS.

The Committee of both Houses, appointed to examine
what Towns, Districts, and Plantations have neglected to
make their returns of Votes for Governor, Lieutenant
Governor, Counsellors, & Senators, the present year, and
report thereon , ask leave to report : —

That in the County of Suffolk, they find that no return
has been received in the Secretary's OflSce from the town
of Hull.

That in the County of Hampshire, the return from the
town of Monson, was not received in the Secretary's
Office until the thirteenth day of May, the return of the
town of Barnardston, was not received until the sixteenth
day of May, & that of the town of Heath, was not re-
ceived until the tenth day of May.

That in the County of York, the return of the town of
Bethel, was not received until the tenth day of May.

That in the County of Plymouth, the return of the
Town of Plympton, was not received until the ninth.day
of May.

That in the County of Worcester, the return of the
Town of Gerry, was not received until the tenth day of
May.

That in the County of Cumberland, the returns of the
Towns of North Yarmouth, Falmouth, Windham, Gor-
ham. Cape Elizabeth, New Glocester, Gray, Standish,
Portland, Freeport, Hebron, Bridgeton, Poland, Otisfield,
Pejepscot, & Baldwin, and the Plantation of Raymond,
were not received in the Secretary's Office, until the tenth
day of May ; the return of the town of Minot, was not
received until the eleventh day of May, & that of the
Town of Norway, was not received until the eighteenth
day of May.

That in the County of Lincoln, no returns have been
received from the Towns of New Milford, Meduncook, &
Balltown, & the Plantation adjacent to Bowdoin.

That in the Count}'^ of Berkshire, the return of the
town of Adams, was not received in the Secretary's
Office until the tenth day of May.

That in the County of Hancock, the returns of the
towns of Sedgwick, Islesborough, Frankfort, and Hamp-

Resolves, 1803. — Mat iSession. 831

den, were not received in the Secretary's Office until the
tenth day of May.

That in the County of Washington, the return of the
town of Addison, was not received in the Secretary's
Office, until the tenth day of May.

That in the County of Kennel)ec, no returns have been
received from the towns of New Sharon & Avon.

As it is important that the laws for the punishment of
delinquincies in the returns of Votes be effectually exe-
cuted, & as the property & character of the delinquent
Sheriffs & Town Officers may be materially affected
thereby, the Committee further report. That the Secre-
tary of the Commonwealth be directed to give public
notice to the Sheriffs of those Counties & the Selectmen
& Clerks of those Towns & Assessors of those Planta-
tions, in which the returns have not been seasonably made
as aforesaid, to appear on the second Wednesday of the
next Session of the present General Court, by themselves
or their Agents or Attornies duly authorized, to shew
cause, if any they have, why the Attorney General &
Soliciter General shall not be directed to prosecute them
for such penalties, as they may have respectively incurred
by such neglect of duty, by inserting this report in The
Palladium, & in such other Newspapers in the different
Counties in which the laws of the Commonwealth are sev-
erally published, three weeks successively, the last pub-
lication to be thirty days, at least, before the said second
Wednesday. Which is submitted.

WOODBURY STORER, Pr. Order.

May 31, 1803.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SI'EECH AT THE OPENING OF THE SESSION.

May it please your Excellency^

The House of Representatives receive 3^our speech, with
all the deference & attachment due to your character.
Your re-election as our chief magistrate, evinces the dis-
cernment of our fellow-citizens, and is a just tribute to
your talents and virtues. We possess entire conlidcnce,
that you will chearfully concur in every prudent and sal-
utary measure for the advancement of their Interest, and
the improvement of their minds in wisdom and virtue.

832 Resolves, 1803. — Mat Session.

We are deeply & solemnly impressed with the impor-
tance of rendering the judicial department, as independent,
as the lot of humanity, and the state of society, will ad-
mit. The evils which arise from temporary Grants, &
which are encreasing from their repetition, will, unless
speedily remedied, break down that essential branch of
our Government, which is a barrier against milimited
disorder.

With these sentiments, the House of Representatives,
will occupy themselves on this subject, & they will en-
deavour to place the impartial administration of Justice,
on the Independent basis, established in the language,
and by the Spirit of our Constitution.

The views & habits of our Citizens for a long period,
have induced those Laws & regulations, which have con-
ferred on our Militia, its present elevated reputation.
But if, upon a revision, it should be found that further
measures are necessary to render the System more per-
fect, we will promptly adopt them. The preservation
of all that is valuable to man, in a State of Society, iudis-
pensably requires, that our Government should possess
such arrangements and force, as should be adequate to meet
and controul, those convulsive events, to which all commu-
nities are liable.

It is the ardent love of Country, inherent in Native
breasts, cherished by valour, & braced by military art
and Science, that buoys a Nation above all appi'ehensions
of the consequences of asserting its rights, or braving the
attempts or assumption of internal or external enemies.

It alibrds us therefore great satisfaction to learn, that
the Executive of the United States, is endeavouring to
rouse a National spirit of defence, and we cannot doubt,
but that the General Government, will provide & organise
every mean for the security & protection of our property,
and of our honor, at home and abroad.

Our citizens well know, by the experience of the oper-
ations of our excellent Constitution, how to appreciate
true happiness. Ages have passed, of which History has
had cognizance, and time will continue to unroll its desti-
nies, subject to the future observation of man ; but it
may be fairly questioned, whether any People, have ex-
isted, or will probably exist, in a State of Society, more
perfectly in possession of the protection of personal lib-
erty, and the honest acquisition & enjoyment of property.

Resolves, 1803. — May Session. 833

than the Citizens of this Commonwealth. It will, there-
fore, be the duty of the members of the Government, to
take every measure, in their power, & by their example to
encourage a love of Order & respect for the Laws, and
to remove all grounds of misunderstanding, among their
fellow-Citizens, so that their present happy condition be
continued unimpaired, & progressing in improvement.

Any further communications from your Excellency,
will be received with the attention due to so respectable
a source. June i, 1803.

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT
THE OPENING OF THE SESSION.

May it please your Excellency ^

The Senate of Massachusetts take this opportunity to
present their congratulation on your late honorable re-
election to the first Executive Office of this Common-
wealth, by the voluntary sufi'ragcs of your fellow-citizens.

Entering upon the Legislative duties of the year, we
accept with satisfaction, the assurance of your cheerful
concurrence in every prudent & salutary measure of leg-
islation ; and, in return, we beg your Excellency to be
assured on our part of all that respect, support and con-
fidence, which are due to the elected Chief Magistrate of
a free people.

The protection of property, the security of [ofj personal
liberty, the support of government, and the improvement
of our public institutions, will according to your Excel-
lency's reconmiendation, employ our deliberate reflections.

An etjual administration of justice is an ol)ject of pri-
mary importance. With a view to so desireable an end,
our Constitution has wisely provided, that the Justices of
the Supreme Judicial Court, shall hold their offices during
good behaviour, and that permanent and honorable salaries
shall be established for their support. We, therefore,
unite in the opinion that their salaries, whatever may be
deemed the reasonable amount thereof, ought to ])e per-
manent and honorable, and established by standing Laws.

We receive with pleasure, your Excellency's connnu-
nications of the Letter of the President of the United
States, written at the request of the House of liepresent-
atives, for the purpose of stimulating the exertions of the
State Governments to carry into eliect the national Militia

834 Resolves, 1803. — May Session.

System, in Order to be seasonably prepared for a vigor-
ous defence of our Country, if unfortunately, occation
should require — And although peace with all nations, on
honorable terms, is the wish and the interest of the United
States ; yet, as your Excellency justly observes, it will
always be necessary for us to cultivate the Military Art ;
not to enable us to eno;ao:e in Wars of ambition or re-
venge ; but for self defence, and the necessary vindication
of our rights. The present respectable condition of the
Militia of Massachusetts, is justly a subject of congratu-
lation. Any additional measures to render this impor-
tant institution still more effectual, will be readily adopted
by the Senate.

The course persued by your Excellency, in executing
the Resolve of the 23d of June last, on the subject of the
Powder Magazine, is perfectly agreeable to the Senate.

Impressed with a sense of the evils of a large public
debt, and the sound policy of a gradual, yet speedy ex-
tinguishment thereof, the Senate concur with your Excel-
lency, in the hope that, upon comparing the funds and
resources of the State, with the necessary public ex-
pences, it will be found that provision may be made for
a payment of a part of the remaining debt of this Com-
monwealth, in the course of the present year, without
embarrassing the Treasury.

Any communications, which your Excelly. may think
proper to make, will command our particular attention.

With your Excellency, the Senate recognize the duty
of every citizen, in consideration of the equal rights
secured by our Constitutions, to contribute, in his appro-
priate sphere of action, to the public good. The individ-
ual members of government, and all who are placed in
influential situations, are under peculiar obligation to en-
c[o]urage, by precept and example, the practice of Social,
political and religious duties; — to remove the grounds
of popular discord and discontent ; to promote a love of
Order, obedience to the laws, and respect for the consti-
tuted authorities of the National & State Governments ;
to restrain the rage of parties, and tranquilize the public
mind. June 2, 1803.

Eesolves, 1803. — Mat Session. 835

Chapter 1.

RESOLVE GRANTING SAMUEL GRANT, AN AGED SOLDIER, 30
DOLLARS, ANNUALLY, INCLUDING THE PENSION HERETO-
FORE ALLOWED HIM.

liesolved That there be allowed and paid out of the
public treasury to Samuel Grant an aged soldier wounded
in the defence of the Country in the year 1755, the sum of
thirty dollars annually, including the pension heretofore
allowed him. June 2, 1803.

Chapter 3.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT.

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 per Day, for each Days Attendance the Present Ses-
sion, and the like sum for every ten Miles distance from
their respective places of abode, to the place of Sitting
of the general court.

And be it further Resolved, That there be paid to the
president of the Senate, and Speaker of the House of
Kepresentatives each two dollars per day, for each and
every day's attendance, over and above their pay as
Members. June 2, 1803.

Chapter 2a.*

ORDER RELATIVE TO THE APPOINTMENT OF MESSRS. YOUNG
AND MINNS AS PRINTERS TO THE GENERAL COURT.

Ordered that the Clerks of the Senate & of the House
of Representatives engage Young & Minns to do the print-
ing business for the General Court for one year from the
first day of July next, they to lay their Accounts l)efore
the Committee on Accounts for examination & allowance:

June 4, 1803.

Chapter 4.t

RESOLVE ON THE PETITION OF WARREN BYINGTON, GRANT-
ING HIM 50 DOLLARS IN FULL FOR HIS SUFFERINGS.

On the petition of Warren Byington of Southwick in
the County of Hampshire, praying an allowance for an

* Not printed in previous editions. Taken from court record.

t Chapter 3 is a niessajj;e from tlie Governor communicating a treasury state-
ment and a report respecting the sale of the Old State House and will be found
with the messages.

836 Resolves, 1803. — May Session.

injury sustained by the accidental discharge of a fieldpiece
while on military duty, in the Month of September 1801.
Resolved, That there be allowed and paid out of the
Treasury of this Commonwealth, The sum of Fifty dol-
lars, to the said Warren Byington, which shall be in full
for his suffering as aforesaid. June 6, 1803.

Chapter 6.*

RESOLVE ON THE PETITION OF WILLIAM MAXWELL, OF BED-
FORD.

On the Petition [o/"] William Maxwell of Bedford in the
County of Middlesex, praying that he may be discharged
from the forfeiture of a recognizance, as surety for the
appearance of one James O. C. Maxwell, upon which he
was defaulted at the Supreme Judicial Court holden at
Concord within & for the County of Middlesex on the
second Tuesday of April last.

Resolved for reasons set forth in sd. petition that the
prayer thereof be granted, & that the sd. AA'illiam be dis-
charged therefrom, upon condition that he appear at the
next Supreme Judicial Court to be holden in the County
of Middlesex & there pay all costs which may then have
arisen in consequence of the default aforesd.

June 13, 1S03.

Chapter 7.

RESOLVE ON THE PETITION OF JAMES BLACK AND DANIEL
PARMENTER.

Upon the petition of James Black and Daniel Par-
menter.

Resolved that there be allow'd & paid out [out] of the
Treasury of the Commonwealth to James Black of Barre
in the County of Worcester the sum of one dollar & fifty
cents and to Daniel Parmenter of Oakham in the same
County the sum of one dollar & fifty three cents being
their respective dividends of the bal lance remaining in
the Treasury upon the amount of their respective claims
against the Estate of James Craige, late of Oakham an
a))8entee and that the amount so paid shall lie charged to
the said Estate. June 13, 1803.

* Chapter 5 is a message from the Governor respecting the boundary line be-
tween Connecticut and Massachusetts and will be found with the messages.

Kesolves, 1803. — May Session. 837

Chapter 8.

RESOLVE GRANTING JEDUTHAN WILLINGTON 94 DOLLARS FOR
HIS ATTENDANCE AT THE GENERAL COURT AS A REPRE-
SENTATIVE FROM THE TOWN OF CAMBRIDGE DURING THE
LAST SESSION FOR THE YEAR 1802.

Resolved that the sum of Ninty-four dollars be allowed
and paid out of the Treasuery of this Commonwealth, to
Jeduthan Willington, in full for forty-seven days attend-
ance as a Representitive in the General Court from the
Town of Cambridge, the last session of the General
Court for the year 1802 — he not having been made up
on the pay Roll for sd. session, and that the Treasurer be
directed to charge the same sum to the Town of Cam-
bridge in their next state Tax. June 13, 1803.

Chapter 9.

RESOLVE RENDERING VALID THE DOINGS OF THE REGISTER
OF DEEDS FOR THE COUNTY OF NANTUCKET.

On the petition of Isaac Coffin in behalf of the County
of Nantucket praying that the doings of Nathaniel Cole-
man Register of Deeds for said County may be made
good and Valid in Law.

Resolved that the i)rayer of said petition be granted
and that the Records of all Instruments Recorded by the
said Nathaniel Coleman on the County Records of Nan-
tucket shall be as good and valid in Law as though the
said Register had Comply ed with all the Requisitions nec-
essary to qualify him to perform the duties of said Office.
Provided That Nothing in this Resolve shall be con-
strue [tZ] in any wise to affect any Action that may be
l)cnding at the Time of passing this Resolve.

June 15, 1S03.

Chapter 10.

RESOLVE ON THE PETITION OF NATHANIEL DODGE, REMIT-
TING TO HIM 400 DOLLARS UPON CONDITION.

On the Petition of Nathaniel Dodge stating that he was
surety, in the Sum of six hundred Dollars, for the ap-
pearance of one Thomas Nelson before the Justices of the
Supreme Judicial Court holden at Northampton in & for
the County of Hampshire, on the second Tuesday of May

838 Resolves, 1803. — May Session.

A.D. 1802, — that 8aid Nelson did not appear, & thereby
the said Nathaniel forfeited the said sum to the use of this
Commonwealth, & that, at the Court aforesaid, holden at
Northampton aforsd. on the third Tuesday of September
last past. Judgment was recoverd against the sd. Nathan-
iel for the Sum aforsaid & Costs ; & praying that a part
of sd. forfeiture may be remited.

Resolved that four hundred Dollars, a part of the for-
feiture aforesaid, be & hereby is remited — & that upon
his the said Nathaniel's paying two hundred Dollars, &
all Costs which have arisen on said process, he shall be dis-
charged from the Judgment aforesaid, & from any Exe-
cution that is, or may be, issued thereon.

June 15, 1803.

Chapter 11.

RESOLVE GRANTING 50 DOLLARS TO OLIVER WILKINSON FOR
HIS SERVICES IN PROSECUTING ONE THOMAS NELSON.

On the Petition of Oliver Wilkinson.

Resolved, that there be allowed & paid out of the Treas-
ury of this Commonwealth, to Oliver Wilkinson, the Sum
of fifty Dollars as a Reward for his Services in prosecut-
ing Thomas Nelson for the Crime of having in his posses-
sion one hundred counterfeit Dollars, with intent to pass
them. June 15, 1803.

Chapter 13.

RESOLVE ON THE PETITION OF PARK HOLLAND, ESQ., ALLOW-
ING HIM A FURTHER TIME TO COMPLETE THE BUSINESS
ASSIGNED HIM BY A RESOLVE OF JANUARY 30, 1802.

On the Petition of Park Holland Esqr. praying for a
further time to compleat the business assigned him by the
Resolve of the 30th of January 1802, relative to certain
settlers within the town of Hampden in the County of
Hancock.

Resolved for reasons set forth in the said Petition, that
the prayer of it be granted ; & that there be allowed
one year from & after the passing of this Resolve, for
compleating the business assigned him by the Resolve
afore said, any limitation of time in the same to the con-
trary notwithstanding. June 15, 1803.

Resolves, 1803. — May Session. 839

Chapter 13.

RESOLVE ON THE PETITION OF JONATHAN MANTER, JUN.,
DIRECTING THE TREASURER TO DISCHARGE HIM OF A
SUM OF MONEY.

On the Petition of Jonathan Manter Junr. praying that
the sura of sixty nine dollars and ninety three Cents be-
longing to this Commonwealth which he had collected as
a State tax and which was destroyed by fire might be re-
mitted to him and he discharged from his obligation to
pay the same into the Treasury.

Resolved for reasons set forth in said petition, that the
Treasurer of this Commonwealth be authorised and di-
rected to pass to the credit of the sd. Jonathan Manter
the said sum of sixty nine Dollars and ninety three Cents
in satisfaction of so much money due from him to the
said Commonwealth. June 15 , 1803.

Chapter 14.

RESOLVE GRANTING JOHN KING 16 DOLLARS FOR AN INJURY
SUSTAINED IN MILITARY SERVICE.

On the petition of John King, praying for an allowance
for an injury sustained in the Militia service, on the sixth
day of octobr. 1802.

liesolved, That there be allowed & })aid out of the
treasury of this Commonwealth, to the sd. John King,
the sum of sixteen dollars, which shall be in full for the
injury sustained as aforesd. June 15, 1803.

Chapter 15.

RESOLVE ON THE PETITION OF SUBMIT WAMSQUAM, AUTHOR-
IZING THE TRUSTEES OF THE GRAFTON INDIANS TO PAY
OVER TO AARON PEIRCE CERTAIN MONIES.

On the Petition of Submit Wamsquam praying that
the Trustees of the Grafton or Hasanamises tribe of In-
dians might be directed to pay over to Aaron Peirce of
Grafton all the monies in their hands belonging to the
sd. Submit, provided the said Aaron Peirce should give
sufficient security for the comfortable support of the said
Submit during her natural life.

Resolved that the said Trustees l)e and are herel)y au-
thorized and directed to pay over to the said Aaron Peirce

840 Resolves, 1803. — May Session^.

all the monies in their hands belonging to the said Submit
Wamsquam, upon the said Aarons producing to them a
certilicate of the Treasurer of the Said Town of Grafton
purporting that there has been deposited with him a Bond
well executed by the said Aaron with sufficient surety or
sureties to his acceptance binding the sd. Aaron & his
surety or sureties in the penal sum of five hundred
Dollars to be paid to the sd. Treasurer of the Town of
Grafton or his successor in office, conditioned for the
comfortable maintainanc of the said Submit during her
natural life and the payment of her necessary funeral
Charges. June 15, 1803.

Chapter 16.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWN OF RUSSELL, CONFIRMING THE DOINGS OF CERTAIN
OFFICERS.

On the Petition of the Selectmen of the town of Kussell
in the County of Hampshire stating that the Treasurer,
Clerk Assessors and other Officers of said Town who by
law are required to be sworn upon their annual election
to such offices, have not been sworn according to Law
since their first election thereto, and praying that the pro-
ceedings of said town may be ratified and established —

Resolved, for reasons set forth in said Petition that the
doings of said officers, and the proceedings of said town
be ratified and confirmed, and shall be deemed and taken
to be legal and valid in all respects and in the same man-
ner as they would have been had the said officers at each
re-election been sworn according to Law.

June 15, 1803.

Chapter 17.

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 Genl. Court in manner
prescribed by Law, which accounts are hereby allowed.
And Avhereas the Clerk of the Court of general Sessions
of the Peace for the said County of Dukes County, has
exhibited an estimate, made by the said Court, of the
necessary charges likely to arrise within said County for

Resolves, 1803. — May Session. 841

the Year ensuing amounting to eight hundred & one Dol-
lars & fifteen cents :

Resolved that the sum of Eight hundred Dollars be &
hereby is granted as a tax for the said County of Dukes
County, to be apportioned, assessed, collected, paid, &
applied for the purposes aforesaid, according to Law.

June 16, 1803.

Chapter 18.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE
TOWN OF RUSSELL, ALLOWING THEM A FURTHER TIME
FOR MAKING THE BRIDGE AND ROAD MENTIONED.

On the petition of the Selectmen of the Town of Rus-
sell in the County of Hampshire, praying that they may
l)e allowed a longer time for making the dry-Bridge &
Road up Westfield Mountain so called to enable them to
take the benefit of a Resolve in their favour past the Sev-
enth day of Fel)ruary last past.

Uesolved, for reasons set forth in said petition, that if
the said Town of Russell shall actually lay out and ex-
])end u})on said dry Bridge & Road, at least the sum of
One hundred & Fifty Dollars within the time set &
limitted l)y the said Resolve of the said Seventh day of
Februar}'^ last & })rocure a certificate of the Committee
;il)pointed by said Resolve, that the same hath been faith-
fully expended, there shall be allowed & discounted to
said Town by the Treasurer of said Commonwealth the
sum of Seventy five Dollars out of the present and sub-
sc(]uent Taxes laid & charged by Government on said
Town.

And be it further Resolved, that if the said Town of
Russell shall raise &, lay out upon the said Bridge & Road
a further sum of One hundred & Fifty Dollars within two
years from the passing of said Resolve & procure a cer-
tificate of said Committee, that the same hath been faith-
fully expended, then the said Town, shall be intitled to
the whole benefit of the said Resolve of the Seventh day
of February last past. Jwne 16, 1S03.

Chapter 19.

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE
TREASURER'S AND SECRETARY'S OFFICES-

Resolved, that there l)e allowed & paid out of the
Treasury to Joseph Laughton first Clerk in the Treasury

842 Resolves, 1803. — May Session.

Office, & to William Harris first Clerk in the Secretary's
Office, two dollars and seventy five cents per day each,
to James Foster Clerk in the Treasury Office, & Edward
McLane Clerk in the Secretary's Office two dollars & sev-
enty five cents per day each ; and 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
actually employed in said service, from the first day of
the present Session of the General Court, until the first
day of June, in the year eighteen hundred & four.

June 16, 1803.

Chapter 30.

RESOLVE ON THE PETITION OF JOHN WHITING.

On the Petition of John Whiting praying payment of
an obligation signed by Henry Gardner, late Treasurer
of this State.

Resolved, that the Treasurer of this Commonwealth be
& he is hereby authorized & directed to receive of the
said John Whiting the obligation aforesaid as a subscrip-
tion to the loan of this Commonwealth at the rate of four
Dollars in said obligation for one Dollar in specie and in-
terest upon said obligation to be calculated from the time
it became payable to, & including the last day of June,
in the year of our Lord 17!»4, & to issue to the subscriber
a Certificate therefor duly signed & in the form prescribed
by the act entitled " An Act to provide for the Debt, of
this Commonwealth" passed February 1, 1794.

June 16, 1803.

Ch.ipter 31.

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
laid his accounts before the general Court in 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 Plymouth, has exhib-
ited an estioiate made by the said Court, of the necessary
charges likely to arrise within said County for the Year
ensuing amounting to eleven hundred Dollars :

Resolved^ That the sum of Eleven hundred Dollars be,

Resolves, 1803. — May Session. 843

& hereby is granted as a tax for the said County of Plym-
outh, to be a})portioned assessed, collected, paid, & ap-
plied for the purposes aforesaid, according to Law.

J?me 16, 1803.

Chapter 22,

RESOLVE ESTABLISHING THE PAY OF THE LIEUT. GOVERNOR,
SECRETARY, AND TREASURER, FOR THE PRESENT YEAR.

Resolved, that for one year from the last diiy of JNIay
last, the sum of five hundred and thirty three dollars, and
thirty three Cents, shall be the pay of His Honor the
Lieutenant Governor ; to be paid out of the Treasury of
this Commonwealth in quarterly payments, as the same
shall become due.

That there be allowed and paid out of the Treasury
of this Commonwealth, to Joha Avery esqr. Secretary,
twelve hundred eighteen dollars & six Cents, which, with
two hundred eighty one dollars & ninety four cents he
received in fees before the thirty first day of Ma}'^ last
shall be in full for his services, as Secretary of this Com-
monwealth, for one year, from the first day of June 1803,
l)eing at the rate of fifteen hundred dollars per year, to be
paid in quarterly [)ayments.

That from the second day of Juno current, there be
allowed and paid out of the public Treasury the sum of
fifteen hundred dollars to the Treasurer and Receiver
General of this Commonwealth, for his pay in that Ofiice
the present year, to be paid in quarterly payments.

June 17, 1803.

Cliapter 23.

RESOLVE APPOINTING AN AGENT ON UNAPPROPRIATED LANDS
IN THE COUNTY OF BERKSHIRE.

Besolved, that Simon Larned Esquire be, and he hereby
is, appointed an Agent in behalf of the Connnon wealth,
to en(|uire what unai)propriated lands of the Connnon-
wealth there are in the County of Berkshire, and ascer-
tain, as nearly as may be, the situation & value thereof,
and what persons, if any, are in possession of the same ;
and make a Report thereof to the General Court at their
next Session. Jime 17, 1803.

844 Resolves, 1803. — May Session.

Chapter 34.

RESOLVE ON THE PETITION OF EDWARD BUCKMASTER, ELIZ-
ABETH EVERETT, AND GEORGE ELLIS, OF DEDHAM.

On the Petition of Edward Ruckmaster Elizabeth Ev-
erett & Geori»e Ellis all of Dedham Statins; that durinjr
the life of the late Isaac Everett an [ajgreement between
him and [&] sd. Edward was made of the exchange of
about 150 Rods of land & possesion taken but no deeds
of Conveyance were made.

Resolved for reasons set forth in sd. petition that the
sd. Elizabeth Everett Widow of the sd. late Isaac Everett
be & hereby is empowered upon the execution of a good
&, sufficient conveyance by the sd. Edward Buckmaster to
the sd. Elizabeth Everett to & for the use of the heirs at
law of the sd. Isaac & their heirs of the aforementioned
150 Rods of land whereof Possession was taken by the
sd. Isaac as aforesaid to make & execute a good & suffi-
cient conveyance to the sd. Edward Buckmaster & his
heirs of the Right & Estate which the sd. Isaac had to the
sd. 150 Rods now in the Possesion of the sd. Edward.

June 18, 1S03.

Chapter 35.

RESOLVE EMPOWERING THE TREASURER TO RECEIVE OF
HENRY KNOX, ESQ. HIS NOTE IN DISCHARGE OF THE TAXES
ON THE WALDO CLAIM, &c.

Resolved that the Treasurer be and he is hereby Author-
ized and directed to receive of Henry Knox Esqr. a note
on Interest payable for the use of the Connnonwealth in
one year for the sum of Six hundred Eleven dollars and
twelve Cents that remains due for the taxes set to the
Waldo Claim and ten original proprietors for the years
of our Ijord seventeen hundred ninety eight — seventeen
hundred ninety nine Eighteen hundred, and Eighteen hun-
dred and one, adding Lawful Interest to the same from
the times that said Taxes became due respectively — and
on the receipt of such note to give a full discharge of said
Taxes, June IS, 1803.

Resolves, 1803. — May Session. 845

Chapter 35a.*

ORDER DIRECTING THE MESSENGER OF THE GENERAL COURT
RELATIVE TO PAINTING THE STATE HOUSE.

Ordered that the Messenger of the General Court be,
and he is hereby directed to get such parts of the Wood-
work on the outside of the State House, new painted, as
require it : and to lay his Accounts before the Committee
on accounts at the next Session of the General Court.

June 18, ISOSi

Chapter 36.

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
— & whereas the Clerk of the Court of general Sessions
of the Peace for the said County of Middlesex has exhib-
ited an estimate, made by the said Court of the necessary
charges likely to arrise within said County for the Year
ensueing, amounting to seven thousand two hundred &
twenty Dollars :

Resolved that the sum of seven thousand two hundred
& twenty Dollars be, & hereby is granted as a Tax for the
said County of Middlesex to be apportioned, assessed, col-
lected, paid & applied for the purposes aforesaid accord-
ing to Law. June 17, 1803.

Chapter 37.

RESOLVE MAKING PROVISION FOR THE PRESERVATION OF
THE LAND, TIMBER, AND OTHER PROPERTY, BELONGING
TO THE PENOBSCOT TRIBE OF INDIANS, AND AUTHORIZING
FRANCIS L. GOODWIN IN THE CASE.

It appearing to this Legislature that some provision
ought to be made by law for the preservation of the land,
timber & other property belonging to the Penobscot Tribe
of Indians.

Resolved that Francis L. Goodwin Es(i. superintendent
of Indians affairs for the Penobscot Tribe shall for & in

* Not printed in previous editions. Taken from court record.

846 Kesolvks, 1803. — May Session.

behalf of the said tribe approve or disapprove of the bar-
gains & contracts which they may make for the use and
improvement of their lands or other property & to assist
them in collecting their just dues & as far as may be,
to prevent frauds & impositions being practiced upon
them, whose duty it shall be to render to the General
Court yearly a true account of his doings.

And be it further Resolved, that all contracts made
with said Indians for timber or wood shall be utterly void
unless the persons thus contracting shall have the previous
consent & ratification of said Agent & any person who
shall remove or cause to be removed any wood or timber
from said Indians land or cut or sell the same without the
Consent of said Agent, shall forfeit & pay treble the
value of said wood or timber to be recovered by said
Agent with double Costs in any Court proper to try the
same, & it shall be the duty of said Agent to prosecute
each & every person who shall offend against the provi-
sion of this law — said forfeiture to enure to the use &
benefit of said Indians &, said Agent shall in no wise dis-
pense with the provisions of this Resolve.

June 18, 1803.

Chapter 38.

RESOLVE ON THE PETITION OF THE AGENTS OF THE TRUS-
TEES OF THE BLUE-HILL AND HAMPDEN ACADEMIES,
GRANTING HALF A TOWNSHIP TO EACH, UNDER THE DI-
RECTION OF THE AGENTS FOR THE SALE OF EASTERN
LANDS.

On the Petitions of the Agents of the Trustees of Blue-
hill & Hampden Academies, respectively praying that each
of the said Academies may be endowed with an half town-
ship of land.

Resolved, for reasons set forth in the said petitions
that there be & hereby is granted to the Trustees of each
of the said Academies, & to their successors forever, an
half township of land of Six miles square, out of any
of the unappropriated lands within the district of Main,
excepting the ten townships lately purchased of the Pe-
nobscot Indians to be laid out under the directions of the
Agents for the sale of Eastern lands, & in such place as
they shall direct who are hereby authorised & directed to
give good & sufficient deeds of the same to the said
Trustees respectively, subject to the usual reservations &
Conditions of Settlement. June 18, 1803.

Resolves, 1803. — May Session. 847

Chapter 39.

RESOLVE ON THE PETITION OF BENJAMIN LINCOLN, ESQ.,
GRANTING HALF A TOWNSHIP OF LAND TO THE DERBY
ACADEMY IN HINGHAM.

On the Petition of Benjamin Lincoln Esqr. in l)chall'
of the Trustees of the Derby Academy in the Town of
Hingham, praying for the grant of a Township of hind
for the use of said Acadimy.

liesolved That there be and hereby is granted to the
Trustees of the Derl^y Academy in the Town of Hing-
ham, and their successors, one half Township of land, of
Six miles square ; for said Academy ; to be laid out or,
assigned, by the Agents or Committee for the sale of
eastern lands, in some of the unappropriated lands in
the district of Main, belonging to this Common Wealth,
excepting the Ten Townships lately purchased of the
Penobscot Indians with the reservations & conditions of
settlement, which have been usually made, in cases of
similar grants, which Tract the said Trustees are hereby
empowered to use, sell or dispose of, as they may think
most for the interest & benefit of that institution.

June 18, 1S03.

Chapter 30.

RESOLVE ON THE PETITION OF REUBEN BARDWELL, IN BE-
HALF OF JESSE SEVERANCE, DIRECTING THE TREASURER
TO STAY EXECUTION.

On the Petition of Reuben Bardwell in Behalf of Jesse
Severance of Conway in the County of Hampshire pray-
ing a Remission of the Ballance due from him on Execu-
tion, as a Collector of the said Town of Conway.

Resolved, That the prayer thereof be so far granted, that
the Treasurer of this Conmionwealth be, and he hereby is
directed to stay Execution for the Ballance aforesaid untill
the third Wednesday of the next Session of this Court.

June 1S\ 1803.

Chapter 31.

RESOLVE ON THE PETITION OF ISRAEL JONES.

The Committee of both Houses appointed, on the appli-
cation of Israel Jones, Esquire, to settle with the Com-

848 Resolves, 1803. — May Session.

mittee for the sale of unappropriated lands in the County
of Berkshire, in attending to that service, find, that the
said Committee for the sale of said lands have sold a con-
siderable number of small pieces of land, & received
therefor divers sums of money, amounting to three thou-
sand two hundred & ninety dollars & seventy seven cents,
agreeably to the annexed schedule ; and that they have
paid into the Treasury of the Commonwealth nine hun-
dred & fifty five dollars ; to Simon Larned, Timothy
Edwards & Wm. Billings, Esquires, agents appointed in
pursuance of a Resolve of Feby. 23 1795, to superintend
the making & repairing of certain roads, one thousand
five hundred & thirty four dollars & fifteen cents ; & to
Benjamin Nash, for making a road across Hoosic moun-
tain, agreeably to a Resolve of March 24 1786, five hun-
dred & eighty three dollars & thirty three cents ; & that
they charge, for their own services & those of their sur-
veyors and chainmen, six hundred & nineteen dollars &
forty six cents, according to their account hereto annexed.
The Resolve of Feby. 23, 1795 directed them to pay out,
only fifteen hundred dollars ; but it appears that they did
in fact pay, for that purpose (probably through mistake
arising from the apportionment of the sum granted among
the agents of the several roads) thirty four dollars &
fifteen cents more than the sum directed by the Resolve,
Although the payment of that excess was not strictly au-
thorized, yet as it was made by mistake, & was applied to
a beneficial public use, it is thought reasonable to allow it
in this settlement. The balance of their account is four
hundred & one Dollars & seventeen cents. Whereupon
the Committee ask leave to report the following Resolve,
which is sulmiitted.

B. BIDWELL, per order.

Commonwealth of Massachusetts.

Upon the application of Israel Jones Esq.,
Resolved That the Sum of four hundred & one Dollars
& seventeen cents be allowed and paid out of the Treas-
ury of this Commonwealth to Israel Jones, & Danicr
Brown, Esquires, and the legal Representative or Rep-
resentatives of Ebcnezer Pierce Esqr. deceased, in full
settlement of their account, as a Committee for the sale
of unappropriated lands in the County of Berkshire,

Resolves, 1803. — May Session. 849

which sum is to be apportioned between them, as they
may agree among themselves ; & that said Committee,
agreeably to their request, be discharged from any fur-
ther attention to the sale of unappropriated lands in said
County of Berkshire. June 20, 1803.

Chapter 33.

RESOLVE GRANTING HALF A TOWNSHIP OF LAND TO GOR-
HAM ACADEMY.

On the Petition of Lothrop Lewis in behalf of the
Trustees of Gorham Academy, praying for a Grant of one
half Township of Land for the use of Said academy.

Resolved, That there be, and hereby is, granted unto
the Trustees of Gorham Academy, for the use and bene-
fit of said Academy, one half Township of Land of the
Contents of Six miles square ; out of any of the unap-
propriated lands of this Commonwealth, in the District
of Maine (except the Ten Townships on Penobscot river,
purchased of the Indians, & the Township Number four
in the Second range of Townshijis north of the Waldo
patent) Said half Township to be laid out under the Di-
rection of the Commonwealth's agents for the Sale of
Eastern lands — Pr^ovided Imwever, that the agents afore-
said shall not proceed to Lay out and assign said Half
Township, unless Said Trustees shall within one year from
the passing of this resolve, Lodge in the Secretary's office
a Certified list of the subscriptions, & Donations which
have been made & Secured to Said Academy which
amounts to three thousand Dollars. June 20, 1S03.

Chapter 33.

RESOLVE ON THE PETITION OF BENJAMIN HASKELL, JOHN
WOODBURY, JAMES MOSHER AND JOHN AKERS, CONFIRM-
ING THE LAND MENTIONED.

Whereas by a Resolve of the Legislature passed the
Twenty fourth Day of June in the year of our Lord one
thousand Seven hundred and ninety five, there was Granted
unto James Mosher, John IlaskcU and John Akers, One
thousand Acres of land, to be Laid out under the Direc-
tion of the Committee for the sale of Eastern Lands, from
the unappropriated Lands of this Commonwealth, in the
County of Cumberland, a i)lan whereof to bo returned into

850 Resolves, 1803. — May Session.

the Secretary's office as soon as might be — And whereas
the said one thousand Acres of Land was afterwards laid
out lender the Direction of said Committee, by Lothrop
Lewis surveyor, on the heads of Cumming's Gore, and
Lee's Grant, and Bounded as follows vizt. Beginning at
the most North westerly corner of Said Cummin's Gore,
from thence To run North Sixty five Degrees East, four
hundred & eighty rod on the head line of said Grant, to
the Northeasterly Corner thereof, thence South twenty
five Degrees East about one hundred rods to the North
westerly Corner of Lee's Grant, thence North Seventy
five Degrees east on the head Line of said Grant, Five
hundred and sixty rods ; thence North twenty five Degrees
west Two hundred rods, thence South seventy five De-
grees west Five hundred and sixty rods, thence South
Sixty five Degrees west Four hundred & eighty rods To
Waterford Line, thence South twenty five Degrees east by
said Waterford Line, one hundred rods to the place of
Beginning. And a plan thereof Dated the eighteenth
Day of January one thousand seven hundred and ninety
Six, has been Duly returned into the Secretary's Office,
and the Said Grantees, and sundry persons claiming under
them, wish for a Confirmation of Said Grant, Conform-
able to Said Plan — Therefore

Resolved, that the said One thousand Acres of Land
Described in the Plan aforesaid, returned by Lothrop
Lewis surveyor, be and the same hereby is Granted and
Confirmed unto the said James Mosher, John Haskell,
and John Akers, their heirs and Assigns forever, & any
Person or persons lawfully claiming under them, or either
of them, by virtue of any Deed or Conveyance, hereto-
fore made by them or Either of them, and to the heirs
& assigns of such assignee, or Grantee forever.

June 20, 1803.

Chapter 34.

RESOLVE ALLOWING THE COUNTY TREASURER'S ACCOUNTS
FOR THE COUNTY OF BRISTOL AND GRANTING A TAX.

Whereas the Treasurer of the County of Bristol 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 Pleas
\_Peace'] for the said County of Bristol has exhibited an

Kesolves, 1803. — Mat Session. 851

estimate made by the said Court of the necessary charges
which may arrise within the said County for the Year
ensuing amounting to two Thousand five hundred Dollars :
Resolved, That the sum of Two Thousand five hundred
Dollars be, & hereby is granted as a Tax for the said
County of Bristol for the Year ensueing ; to be appor-
tioned, assessed Collected, paid & applied for the pur-
poses aforesaid according to Law. June 20, 1803.

Chapter 35.

RESOLVE ON THE PETITION OF EDWARD SIMMONS AND

OTHERS.

Upon the Petition of Edward Simmons, Jabez Pratt
and Jonathan Pratt, all of Dighton, in the County of
Bristol, praying for a new trial of an action of Ejectment
brought against said Petitioners, by Charles Ward Ap-
thorp, James Apthorp, Thomas Bulfinch & Susannah his
wife, Charles Vaughn and Frances his wife, John Ap-
thorp, Charles Apthorp, Lucy Apthorp, Charles Apthorp,
Mary Apthorp & John Apthorp, to the Court of Com-
mon Pleas holden at Taunton in and for the County of
Bristol at April Term a. d. seventeen hundred & ninety
three, and continued until the April Term of said Court
in the year of our Lord seventeen hundred & ninety four,
and thence carried by demurrer to the Supreme Judicial
Court for that County the same year, and judgment therein
rendered in favour of said Demandants aoainst said Pe-
titioners.

Resolved, for reasons set forth in said Petition, that the
Justices of the Supreme Judicial Court, be, and they
hereby are, empowered to grant a Review of said action,
at their next term to be holden within & for said County
of Bristol. June 20, 1803.

Chapter 36.

RESOLVE GRANTING PAY TO THE CLERKS OF THE SENATE
AND HOUSE OF REPRESENTATIVES.

Resolved, that there be allowed and paid out of the Pub-
lic Treasury, to Wendell Davis, Esq. Clerk of the Senate,
One hundred & fifty Dollars ; and to Nicholas Tillinghast,
Pvsq. Clerk of the House of Representatives, One hun-
dred & fifty Dollars ; on account of their services as
Clerks as aforesaid, for the present year, they to be ac-
countable for the same respectively. June 20, 1803.

852 Resolves, 1803. — Mat Session.

Chapter 37.

RESOLVE ON THE PETITION OF ELIJAH WINSLOW AND OTHERS,
APPOINTING HON. JOHN CHANDLER, SAMUEL THATCHER, AND
OLIVER LEONARD, ESQ'RS., COMMISSIONERS FOR THE PUR-
POSES MENTIONED.

Whereas Elijah Winslow & others being a Committee
in behalf of the settlers of Castine & Penobscot have
petitioned the Legislature to be quieted in their several
possessions within the said towns agreeably to the resolve
of the legislature dated November 17th 1786 confirming
the said Townships to David Marsh & others, and
whereas the said petitioners and the agent of the propri-
etors, having been fully heard before a Committee of both
branches of the Legislature, have agreed to the appoint-
ment of Commissioners to settle all difierences existing in
said Towns between the settlers & proprietors : Therefore

Resolved, that the Honorable John Chandler Esquire,
the Honorable Samuel Thatcher Esquire and Oliver Leon-
ard Esquire be and they hereby are appointed Commis-
sioners to settle and adjust the said differences, and they
are hereby fully authorised and empowered to repair to the
said towns of Castine and Penobscot, and there to hear
and decide all the claims on the part of the settlers
who settled on the said townships, formerly called Num-
ber Three, and after hearing the proprietors and their
allegations & proofs to quiet all such of the settlers upon
said Township Numl)er Three as were duly settled thereon
prior to the first day of January in the year one thousand
seven hundred & eighty four, upon such terms and con-
ditions as to the said Commissioners shall seem meet, and
the said Commissioners shall make their return of the
number of persons, the names, and the quantity of Land,
to which they are respectively entitled by virtue of the
decision of the said Commissioners into the office of the
Committee for the sale of Eastern Lands on or before the
first day of January next, and the proprietors of said
Townshi]) Number Three shall make and execute deeds of
the lands so awarded to the settlers wnthin three months
after the date of such return, otherwise it shall be the
duty of the Attorney General to file an inquest of office
against the said proprietors to revest the title in the Com-
monwealth.

And he it further resolved, that it shall be lawfull for
all such persons as were actually settled upon said Town-

Kesolves, 1803. — May Session. 853

ship Number 3, prior to the first day of January 1790
and after the first day of January 1784 to make applica-
tion to said Conmiissioners and the said Commissioners
shall be authorized after hearing both })arties, to award
llie amount which all such settlers should pay to the said
])roprietors for the lands upon which tliey have so settled
not exceeding one hundred acres of Land to each settler,
and the said lands shall be valued according to their just
value in a state of nature at the time when the said settlers
first settled thereon, and the said Commissioners shall
make their return of the said valuation into the Secretary's
office of this Conmionwealth and upon the payment of the
sums so awarded at the times set by the said commission-
ers, it shall be the duty of the proprietors to give deeds
of warranty to the said settlers and if they shall neglect
or refuse so to do, the award of the said Commissioners
together with evidence of the payment or legal tender of
ye amount awarded shall operate and Ije admitted as good
evidence of the title of the said settlers to the lands so
awarded to them.

And be it further resolved, that a settler within the
meaning of the last paragraph in this resolve, must have
actually settled upon said land prior to the first day of
January 1790 and that the benefits of the provisions in
this resolve shall also be extended to any persons claiming
under a lawful 1 grant or conveyance from any such settler
as well as to the original settler himseli j)^ovided however
that such original settler or his Assignee shall actually
reside thereon at the time of passing this resolve — & the
Expence arising from said appointment of Commissioners
shall l)e defrayd in the same way and Manner and on the
Same Conditions as are provided by a resolve confirming
a grant of land to David Marsh 'and others Conditionally
passed Novr. 17th 1786. , June 20, 1 SOS.

Chapter 38.

GRANT TO ISAAC PIERCE, MESSENGER TO THE GOVERNOR AND

COUNCIL.

Resolved, that there be paid out of the public Treasury
of this Commonwealth to Isaac Pcirce Messenger to the
Governor & Council, the sum of one hundred dollars, to
enable him to procure fuel and other necessaries for the
Council Chamber & Secretary's Office : he to account for
the expenditure of the said sum. June 20, 1803.

854 Resolves, 1803. — May Session.

Chapter 39.

RESOLVE ON THE PETITION OF JOSEPH MERRICK, AUTHOR-
IZING JUSTICES OF THE PEACE TO GRANT HIM A LICENSE
TO KEEP A TAVERN.

On the petition of Joseph Merrick, Shewing that he
purchased a Dwelling House in Pittsfield, in the County
of Berkshire, heretofore used as a Tavern, and Came into
possession thereof on the first day of April last with a
View to keep a Tavern therein, but although duly Ap-
probated by the Selectmen of said Town, Was prevented
from being licensed by the discontinuance of the April
Term of the Court of General Sessions of the Peace
within & for said County.

Resolved, for reasons set forth in his said petition That
any two Justices of the Peace, Within and for said County,
Quorum Unus, be and they hereby are Authorised to
grant said Merrick a licence, to keep a Tavern in the said
House Wherein he resides, Which licence When so
granted, and When the duty by law payable Annually
for Such licence, shall be paid by said Merrick, to the
Treasurer of said County, shall have the same Operation
& Continuance as if the Said Court of Sessions had by
Law been holden in April last & had then given the Said
Merrick Such licence. June 20, 1S03.

Chapter 40.

RESOLVE ON THE PETITION OF SAMUEL PUGSLEY, GRANTING
HIM A LICENSE TO SELL SPIRITUOUS LIQUORS.

On the petition of Samuel Pugsley, praying for license
to sell by retail spiritous liquors, as set forth in his peti-
tion.

Resolved, That the i)rayer thereof be so far granted,
that any two Justices of the Peace, for the County of
Berkshire, Quorum Unus, be and hereby are empowered,
if they shall think needful, to license the said Pugsley to
exercise the employment of a retailer of spiritous liquors
until the next Court of General Sessions of the Peace for
the County aforesaid, and the said Justices, are hereby re-
quired to recognize said Petitioner to Observe such rules
& orders as the Law, in such Cases require to be done &
performed. Jime 20, 1803.

Resolves, 1803. — May Session. 856

Chapter 41.

RESOLVE UPON THE PETITION OF WILLIAM CALDWELL AND

OTHERS.

Upon the Petition of William Caldwell & others, pray-
ing for a new trial of an Action of Tresspass on the Case,
on which judgment was rendered by default on the second
day of December in the year of our Lord one thousand
seven hundred & ninety seven, by Timothy Whiting Es-
quire, one of the Justices of the Peace within & for the
County of Worcester, in favour of Daniel Beverstock, of
Swansey in the County of Cheshire & State of New-Hamp-
shire, Yeoman, against the said Caldwell, as Sheriff of the
County of Worcester, for the neglect of John Stowers, a
Deputy Sherifl* under said Sheriff of Worcester ; & that
all proceedings in an action of Debt on said judgment
now pending in the Court of Common Pleas within & for
the County of Middlesex, in favour of said Beverstock
against said Caldwell, be stayed.

lieftolved, for reasons set forth in said Petition, that the
said Caldwell be, & he hereby is, authorised, as an appel-
lant, to enter the action first aforesaid in the Court of
Coumion Pleas within & for the County of Worcester, at
the next term of said Court, & the said Court are hereby
empowered to receive said entry & hear & try said action,
in the same manner, & with the same effect, as might have
been done at the proper term of said Court, if the said
action had been contested before said Justice, & there-
upon carried up to said Court ; and that all proceedings
in the said Action now pending in the Court of Common
Pleas within & for the County of Middlesex be stayed
until the final decision of the action first aforesaid.

June 20, 1S03.

Chapter 43.

RESOLVE APPOINTING A COMMITTEE TO MAKE ARRANGE-
MENTS WITH THE BOSTON BANK.

Whereas the funded Stock of the United States belong-
ing to this State is so situated, that it becomes imprac-
ticable for the Treasurer, litterally to fulfil the directions
of the Legislature in depositing the Stock, provided by
the act for incorporating the President & Directors of

856 Kesolves, 1803. — May Session.

the Boston Bank, & paying the same ]:)y Instalments as
therein directed, and the Treasuier has requested further
directions thereoD, as well as on the surplus which must
necessarily remain the property of the Commonwealth,
after the whole deposit shall be made, by reason of the
indivisibility of the certificate, which must be deposited
to meet the engagement of the Commonwealth :

And Whereas the foregoing subjects, as well as the
mode of making the deposit, and the manner in which
the Interest, that may accrue to the Commonwealth on
the Stock, shall be paid over to the President and Direct-
ors of the said Bank, & the evidence to be given to the
Treasurer, of the Stock and Interest of the Commonwealth
in the said Bank, will require a voluntary arrangement,
between the Commonwealth, and the President and Di-
rectors of the said Bank : therefore

liesolved, that the Hon. John CoflSn Jones & Harrison
Gray Otis, Esqrs., be a Committee, who are hereby vested
with full powers, on the part of this Commonwealth, to
agree with the President and Directors of the Boston
Bank, as to the final adjustment and arrangement of all
the objects mentioned in the })reamble of this Kcsolve, and
to lodge the same in the Treasurer's Office, as soon as
may be, after the same shall be accomi)lished, and the
Treasurer is hereby directed to lay the same before the
General Court, at their next session, for their information.

Ju7ie 20, 1803.

ADDRESS OF THE LEGISLATURE TO THE GOVERNOR, RELA-
TIVE TO THE REMOVAL FROM OFFICE OF HON. THEOPHI-
LUS BRADBURY, ESQ., ONE OF THE JUSTICES OF THE
SUPREME JUDICIAL COURT.*

May it 2)lease your Excellency,

The two Houses of the Legislature having taken into
consideration, the present situation of the Hon. Theophi-
lus Bradbury, Es(|r., one of the Justices of the Supreme
Judicial Court of this Commonwealth, upon due enquiry
find, that by a stroke of the Palsy, on the thirteenth day
of February Ao. Di. 1802, the said Judge Bradbury has
been rendered unable to perform any of the duties of his
Office since that time ; that from the nature of the Attack,
there is no reasonable ground to hope that he will ever be

* Not printed in previous editions. Talicn from court record.

Resolves, 1803. — May Session. 857

restored to such health, as will enable him to perform the
duties of his Office, and, therefore, that his longer contin-
uance therein is likely to embarrass the Judiciary of this
Commonwealth.

The two Houses while they humbly acquiese in the dis-
j)cnsations of the all-wise Cxovernor of the World, deeply
regret that the . Commmonwcalth by this visitation of
Heaven, has been deprived of the talents and services of
a learned, independent, and upright Judge.

They consider it the duty of the Legislature, from time
to time, as occation may require, to erect, and constitute
Judicatories and Courts of Record ; that every Citizen
ought to find a certain remedy, for all injuries he may sus-
tain, by having recourse to the Laws ; that it is essential
to the })reservation of liberty, that there should be a
prompt and impartial administration of Justice ; and that
whenever any of the Judges, through age or infirmity, are
unable to })erform the high and important functions, as-
signed to them by the Constitution & Laws, they ought
to retire to })rivate life, that their places may be filled by
new appointments.

Wherefore, both Houses of the Legislature request that
your Excellency, with the advice and consent of the
Council, would be pleased to remove the Hon. Theophi-
lus Bradbury Esqr. from his Office of Justice of the
Supreme Judicial Court of this Commonwealth.

June 21, 1S03.

Chapter 43.

RESOLVE ON THE PETITION OF SAMUEL PARKER AND WILLIAM

PARIS.

On the Memorial and l^etition of Samuel Parker and
William Faris setting forth that by a Resolve of the Leg-
islature passed on the first day of March last they were
authorized to sell and convey certain real Estates belong-
ing to the Children of John Tracy of Newburyport in the
County of Essex, and to put out the proceeds of such
sale in manner as in said Resolve is provided ; and it
appearing that it would be for the benefit and comfort of
the said Children and their Parents that the said Memo-
rialists should be authorized to vest part of the proceeds
of said Sale in a convenient Dwelling-house for the use
of the said Children and thoir Parents.

858 Resolves, 1803. — May Session.

Resolved, That the said Samuel Parker and William
Faris be, and they are hereby authorized and empowered
in their discretion to purchase witli part of the proceeds
of the said sale a convenient Dwelling-house for the pur-
])ose aforesaid, the same to be conveyed to, and held by,
the said Children in the same manner and under the same
conditions and limitations in every respect, as they have
heretofore held the Estates which the said Memorialists
were so authorized to sell and convey. June 21, 1803.

Chapter 44,

RESOLVE ON THE PETITION OF JOSIAH LITTLE, ESQ., AUTHOR-
IZING THE AGENTS FOR THE SALE OF EASTERN LANDS TO
APPOINT SOME SUITABLE PERSON TO ASCERTAIN AND RUN
THE LINES OF THE PEJEPSCOT CLAIM.

On the Petition of Josiah Little Esquire Agent for the
Proprietors of the Pejepscot Claim, praying that the Lines
of said Claim may be run and ascertained agreably to
the Report of the Honourable Levi Lincoln Samuel Dex-
ter and Thomas Dwight Esquires, so far as the Lands of
the Commonwealth adjoin thereto.

Resolved, that the Honourable Peleg Coffin and John
Read Esquires the Agents of this Commonwealth for the
Sale of Eastern Lands, be authorized & directed to ap-
point some suitable Person, at the Expence of said Pro-
prietors, to ascertain & run the lines of said Pejepscot
Claim agreably to the Report aforesaid, so far as the
Land3 of the Commonwealth adjoin the same.

June 21, 1803.

Chapter 45.

RESOLVE AUTHORIZING THE GOVERNOR TO APPOINT THREE
COMMISSIONERS TO EXAMINE AND COMPARE THE WEIGHTS
AND MEASURES WHICH THE TREASURER WAS DIRECTED
TO PROCURE.

Whereas it is represented, that the standard for weigh-
ing Gold & silver coins established under the authority
of this state is found to be greatly defective and that the
scales & beam for weighing gold & silver now used by
the sealer of weights & measures is also defective : There-
fore

Resolved, that his Excellency the Governor be author-
ized & requested to appoint Three commissioners to

Kesolves, 1803. — May Session. 859

examine & compare, the weights which the Treasurer was
directed at the last session of the Legislature to procure,
with the weights now in use in the difierent banks in the
town of Boston and to form therefrom as perfect a stand-
ard as they may find practicable, and the said Commis-
sioners are hereby directed to make report of their doings
at the next session of the Legislature.

Resolved further, that the Treasurer be & he hereby is
directed to procure forthwith one of Dearborn's patent
balances and a Glass case in which to preserve the same,
for the use of this Commonwealth in order to regulate
the different weights within the Commonwealth by the
standard which has been or may be established by law.

June 21, 1803.

Chapter 46.

RESOLVE GRANTING AN ALLOWANCE TO THE MESSENGER OF,
THE GENERAL COURT.

Resolved, that there be allowed & paid out of the
Treasury of this Commonwealth, to Jacob Kuhn, two
Hundred Dollars, for the present year, commencing the
thirtieth day of May last, to be in addition to the sum
allowed him by a resolve of March 2Q, 1793, establishing
the pay of the Messenger of the General Court.

June 21, 1S03.

Chapter 47.

RESOLVE GRANTING 600 DOLLARS TO THE SOCIETY FOR PROP-
AGATING THE GOSPEL AMONG THE INDIANS AND OTHERS.

Resolved, that there be allowed and paid, out of Treasury
of this Commonwealth, to the Massachusetts Society for
|)ropagating the Gospel among the Indians and others in
North America, the Sum of six hundred Dollars, in aid
of the Funds of the said Society. June 21, 1803.

Chapter 48.

RESOLVE GRANTING COMMITTEE ON ACCOUNTS EXTRA PAY

Resolved, that there be paid out of the public Treasury
of this Commonwealth, to the several members of the
Committee appointed to examine and pass on accounts
presented against the State, for their attendance on that
service during the present Session, the sums annexed to

860 Resolves, 1803. — May Session.

their names respectively, in addition to their pay as mem-
bers of the Legislature, vizt.

To the Hon. Isaac Thomson, for twenty one days At-
tendance, at sixty Cents, per day, twelve Dollars & sixty
Cts. To the Hon. Thomas Hale, for twenty one Days,
$12.60. To Saml. Porter, Esq. for nineteen Days, Eleven
Dollars & forty Cents, To Stepn. Monro Esq. for nine
Days, five Dollars & forty Cents, to Bezaliel Taft, Esq.
Twenty Days Twelve Dollars — $12.00 Which sums shall
be in full for their services aforesaid. June 22, 1803.

Chapter 49.

RESOLVE ON THE PETITION OF THE PROPRIETORS' COMMITTEE
AND SELECTMEN OF BUCKFIELD, CUMBERLAND COUNTY.

Upon the Petition of the Proprietors Committee and
Selectmen of Buckfield in the County of Cumberland,
representing that by a late survey of the Town of He])ron,
accepted by the Supreme Judicial Court, it appears that
the grant of said Hebron includes about three thousand
acres of the land included in the grant to the Proprietors
of Buckfield, & praying the interposition of the Legis-
lature for the settlement of the dispute occasioned by said
interferino; o;rants.

Resolved, that the Honorable Peleg Cofiin & John
Read, Esquires, Agents for the Sale of Eastern lands, be,
and they hereby are authorized by their own personal
view, or such other means as they may judge })roper, to
ascertain the quantity of land included in both of the
aforesaid grants, settle the bounds of said Towns, &
decide how much & what unappropriated land of the com-
monwealth ought to be granted to the said Proprietors of
Hebron, as an equivalent for the land so included in their
grant & also in the grant to the Proprietors of Buckfield,
on which the said Proprietors of Hebron have lost by the
survey aforesaid, & to make a grant of such equivalent
land to the said Proprietors of Hebron : provided the said
Proprietors of Hebron shall submit their claim in writing,
respecting the Premisses, personally or by their agent or
agents, whom they are hereby authorized to appoint for
that purpose, and shall, in such their submission, release
all right, title & claim to the land included in the grant to
the Proprietors of Buckfield and lost as aforesaid, upon
condition of receiving an equivalent as aforesaid.

June 22, 1S03.

Resolves, 1803. — May Session. 861

Chapter 50.

RESOLVE GRANTING AN ALLOWANCE TO THOMAS WALLCUT
ASSISTANT CLERK OF THE HOUSE.

Resolved, that there be allowed & paid out of the Treas-
ury Eighty six Dollars, to Thomas Wallcut for his services
as assistant Clerk of the House of Representatives the
present Session. June 22, 1803.

Chapter 51.

RESOLVE APPOINTING CHARLES BULFINCH, IN CONJUNCTION
WITH OTHERS, TO SUPERINTEND THE BUILDING OF THE
STATE PRISON.

Whereas Charles Bulfineh Esqr. was formerly appointed
an agent for building the state prison & incurred consid-
erable Expence in procuring plans for the Same :

Resolved, that the said Charles Bultinch lie and he hereby
is appointed an agent to Superintend the building of the
State prison in conjunction with the three Commissioners
heretofore appointed — Provided Jiowever, that no addi-
tional compensation shall be given to the Commissioners
in consequence of said appointment. June 22, 1803.

Chapter 53,

RESOLVE ON THE PETITION OF ELIJAH AND RUTH ATHERTON.

Upon the Petition of Elijah Atherton & Ruth Atherton
his wife, of Stoughton in the County of Norfolk.

Resolved, for reasons set forth in their said Petition,
that the said Elijah & Ruth be, & they hereby are, author-
ized & empowered to sell & convey, by proper deed or
deeds of conveyance by them duly executed, all the real
estate, of which they are seized, in right of said Ruth,
notwithstanding her being within the age of twenty one
years, on condition of their first vesting a sum equal to
the whole value of such sale in real estate to be ""ranted
& conveyed to the use of the said Ruth & her heirs for-
ever. June 22, 1803.

Chapter 53.

RESOLVE ALLOWING THE ACCOUNTS OF THE AGENTS FOR
BUILDING THE STATE HOUSE.

On the Representation of the Agents for building the
State House.

862 Resolves, 1803. — May Session.

Resolved, That there be allowed and paid out of the
Treasury to Edward H. Robbins Thos. Dawes and Charles
Bulfinch, the sum of nineteen hundred and twenty eight
dollars and thirty six Cents being the ballance due for the
repairs and improvements made in and about the State
House pursuant to two Resolves passed March 11th 1802
as appears on examination of their accounts and the fur-
ther sum of two hundred and thirty seven dollars being
four pr. Cent on the amount of said Disbursements which
shall be in full for their services in said business.

And be it further Resolved, that the Treasurer be and he
hereby is authorized to allow them two thirds of one pr.
Cent in addition to the Auctioneers fees on the amount of
the money which they are about to receive of Henry Jack-
son Esqr. for a piece of land and brick Stable situated in
Broomfield lane which they sold him and which allowance
shall be in full for all their services. June 22, 1S03.

Chapter 54.

RESOLVE ON THE PETITION OF SETH SMITH, GUARDIAN TO
EDWARD WEBBER AND OTHERS, MINORS.

On the Petition of Seth Smith, Guardian to Edward
Webber, John Webber, Bathsheba Webber, Silvester
Webber, Eunice Webber, & Phila Webber, Minors —
praying that he may be authorised to Sell the real Estate
of said Minors lying in Holland in the County of Hamp-
shire.

Resolved, that the said Seth Smith, for the Reasons set
forth in said Petition, is hereby impowered in his said
Capacity as Guardian, to make & execute an cftectual
Deed.of the real estate described in said Petition, the sale
of the same to be public : Provided That the said Seth
Smith first give Bond to the Judge of Probate for the
County of Hampshire, with sufficient Surety, to observe
the rules & directions of law in the sale of real Estates
by Executors & Administrators in the first enacting chiuse
of an Act intitled ' ' an act directing the Settlement of the
estates of Persons deceased & for the conveyance of real
estate in certain Cases : " & Also to account with said
Minors for the proceeds of said Sale & the interest arris-
ing from the same as soon as said Minors shall respec-
tively become capable in law to receive the same.

June 22, 1803.

Resolves, 1808. — May Session. 863

Chapter 55,

RESOLVE DIRECTING THE TREASURER RESPECTING THE
EASTERN LANDS.

The committee of both Houses appointed to take into
consideration the Commonweahhs property in lands &c.
in the district of Maine to enquire whether the conditions
and agreements entered into by Purchasers have been
fulfilled, to report their opinion whether the sale of those
Lands ought to be opened and point out the mode of sale
and some mode for the preservation of Masts &c. with
leave to report by bill or otherwise report by way of
resolve in part as follows :

JOHN HOOKEK,^?-. order.

Resolved, That the Treasurer be and hereby is directed
to notify all persons named or interested in any Contracts
for the purchase of lands lying in the district of Maine on
which ballances remain and whereon no notes or bonds
were given hy the contractors, and also all persons who
contracted for the purchase of any of said Lands and paid
at the time of making such Contracts ten per Cent, of the
purchase money, and have not since made any further
payment, and whereon the times of payment have long
since elapsed, that unless the sums remaining due upon
such contracts respectively are paid to the Treasurer on
or before the First day of March next, the said Contracts
on which the ballances due thereon are not paid respec-
tively, shall be wholly and forever annulled, and the per-
sons respectively who so contracted and their Assigns shall
be forever foreclosed and barred from deriving or claim-
ing any benefit therefrom in any respect whatever — and
that such notice shall be given to all such Contractors or
their Assigns by publishing this resolve in the New Eng-
land Palladium i)rinted at Boston three Weeks succes-
sively before the first day of August next.

Resolved, That the said Treasurer be and hereby is
required to take speedy and effectual measures for obtain-
ing payment of the ballances due on all notes and bonds
given on Contracts for the purchase of lands laying in the
district of Maine. June 22, 1803.

864 Resolves, 1803. — Mat Session.

Chapter 56.

RESOLVE GRANTING AN ALLOWANCE TO SAMUEL F. McCLEARY,
ASSISTANT CLERK OF THE SENATE.

Resolved, that there be paid out of the public Treasury
of this Commonwealth, to Samuel F. McCleary, assistant
Clerk of the Senate, the sum of Eighty six Dollars, for
his services the present Session of the General Court.

June 22, 1S03.

Chapter 57.

RESOLVE GRANTING THE MESSENGER OF THE HOUSE 700 DOL-
LARS TO PURCHASE FUEL AND OTHER NECESSARIES.

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 Dollars, to
enable him to purchase fuel and such other articles as may
be necessary for the use of said Court, he to be account-
able for the expendature of the same. Jtme 22, 1803.

Chapter 58.

PAY ROLL NO. 49.

The Committee on Accounts, having examined the sev-
eral Accounts they now present —

Report, that there are due to the incorporations and
Persons hereafter named the sums set to their names
respectively, which when allowed and paid, will be in
full discharge of the said Accounts to the dates therein
mentioned.

Which is respectfully submitted,

ISAAC THOMSON, Pr. Order.

Pauper Accounts.

Dolls. Cf8.

To the town of Ashliy for Boarding Cloathing Nursing &

Doctoring John Franklin and his Wife to May 3rd 180;5 . 81 37

To the town of Attleboi-ough for Boarding Nursing and re-
moving James Cambell, Joseph Peck and John Pitts, out
of the Commonwealth to June 14, 1803 . . . . 9 50

To the town of Adams for Boarding and Cloathing Catharine

an Indian Woman and Freman Blakely to May 23, 1803 . 33 40

To the town of Amesbury for Boarding Cloathing Nursing

& Doctoring Jonathan Sid well to May 18, 1803 . . .69 94

Resolves, 1803. — May Session. 865

Dolls. Cts.

To the town of Boothbay for Boarding & Cloathing John

Hoskius to June 1, 1803 102 00

To the town of Brookfield for boarding & cloathing Luke

Phinny and Cato Kinn, to May 1st, 18U3, . . . . 42 74
To the town of Barre for Boarding and Cloathing John

Christian Dandrich to May 21, 1803 24 58

To the town of Bucklen for Boarding and Cloathing John

Wilkee to May 31, 1803 86 40

To the town of Boxborough for Boarding and Cloathing John

Canada to June 2nd, 1803 27 93

To the town of Boston for Boarding Cloathing and Nursing
sundry Paupers including funeral Expenses to June 1,

1803 4212 15

To Samuel Brown for Doctoring the Commonwealths Pau-
pers in the Town of Boston to June 1, 1803 . . . 400
To the town of Colerain for Boarding Cloathing and Nursing
William Osborn, William Wilson and Rachel Carr to May

21, 1803 80 18

To the town of Cheshire for Boarding Ejihraim Richardson

and A\'altor Grayham, to May 23, 1803 . . . . 85 53
To the town of Charlemont for Boarding and Cloathing

Abraham Bass to May 21, 1803 26 15

To the town of Carlisle for Boarding Cloathing and Doctor-
ing Robei't Barber and Mathew Jammerson to June 5, 1803 48 19
To the town of Cape Elizabeth for Boarding and Cloathing
James Ramsljottom, Betty Carrol and George J. Hays to

May 19, 1803 74 13

To tlie town of Concord for Boarding and Cloathing William

Shaw to June 4, 1803 26

To the town of Cambridge for Boarding John Wilkins to

June 1, 1803 32 19

To the town of Castine for boarding Nursing and doctoring

John Lambert to May 20, 1803 28 84

To the town of Douglass for supplies for Benjamin Robins to

May 23, 1803 10

To the town of Danvers for Boarding and Cloathing John J.

Hires Jerusha Bird and Obe Jelea to Jiine 4th, 1803 . 45 41

To the town of Dover for Boarding, Cloathing, Nursing and

Doctoring Patrick Cowen to June 8, 1803 . . . . 31 30
To the town of Dartmoutli for Boarding Nursing Doctoring
and I'emoving, Sanford Hart and his family and Alice Fish-
erman an Indian Woman to the State of Rhode Island to

June 1, 1803 82 42

To the town of Franklin for Boarding and Cloathing Alex-
ander Read to May 26, 1803 102

To the town of Freetown for Boarding and Cloathing Francis

BroAV and John Conoly to Feb. 28, 1803 .... 125 04
To the town of Framingham for Boarding and Cloathing

Betty Steven's Child to May 26, 1803 19

To Constant Freeman for his services as keeper of the Alms

House in Boston to June 1st 1803 310 59

To the town of Granby for Boarding and Doctring John

Murrey and Ebenezer Dervin, to May IG, 1803 ... 33 06
To the town of Grccniield for Boarding Cloathing Nursing
and Doctoring James Logan and Eunice Convers to May
21, 1803 69 72

866 Kesolves, 1803. — Mat Session.

Dolls. Cts.

To the town of Greenwich for Boarding Nursing and Sup-
plies for John Hai'rington and his family to December 10,
1802 12 79

To the town of Gorham for Boarding Cloathing and Nursing

Robert Gilfilling to May 25, 1803 34 20

To the town of Gloucester for Boarding, Cloathing, Nursing

and Doctoring sundry Paupers, to May 10, 1803 . . 939 25

To tlie town of Gill for Boarding and Cloathing Sarah Ham-
ilton & Peter Mange including Doctors Bill, to May 27,
1803 87 14

To the town of Hadley for Boarding Cloathing Nursing &
Doctoring Mary Battis and George Andrews and his Wife
to May 21, 1803 56 60

To the town of Hammilton for Boarding and Cloathing
Molley Mackrieffto May 1, 1803 48

To Joseph Hodgkins keeper of the House of Correction in
Ipswich for Boarding and Cloatliing sundry Paupers to
June 7, 1803 including the allowance made by the Court
of Sessions to March 7th 1803 700 13

To the town of Hopkinton for boarding cloatliing nursing
Doctoring and funeral charges for William Mayberry to
the time of his death 57 81

To the town of Kingston for Boarding Cloathing and Doc-
toring Thomas Kitteridge to May 21, 1803 . . . . 92 18

To the town of Leyden for Supplies and Doctoring for .Fede-

diah Fuller and family to May 18, 1803 , . . . 53 46

To the town of Longraeadow for supplies for Samuel T.
Spendler and his wife including House Rent and Doctors
Bills to May 21, 1803 . . . . . . . . 26 25

To the town of Lenox for Boai'ding Cloathing and Doctor-
ing Abraham Palmer, Albert Palmer, Maria Palmer, John
How and Christian Crow to May 26, 1803 . . . , 77 49

To the town of Lynn for Boarding Cloathing and Doctoring
John Jones, John Battis and John Thomas to May 30,
1803 126 81

To the Overseers of Marshpee Indians for Boarding Cloath-
ing Nursing Doctoring and funeral Charges for George
* Holmes to the time of his Death 22 70

To the town of Montague for supplies for Joshua Searl to

May 20, 1803 11 96

To the town of Marblehead for Boarding Cloathing and
Doctoring Vandreville Rarivere, Andrew Knowles, Thomas
King & Andrew Tucker to May 25, 1803 . . . .237 85

To the town of Machias for Boarding Nursing Doctoring
and funeral Charges for Richard Moore to the time of his
death 70 34

To the town of Milton for Supplies for Thomas Webster to
June 1, 1803 62

To the town of Nantucket for Boarding and cloathing John
Wilber and his family, John Shaw and family. Castor a
black Man and James Plato a black man to May 19, 1803 . 110 76

To the town of Newburyport for Boarding cloathing & nur-
sing Sundry Paupers to Jime 1, 1803 718 17

To the town of Newbury for boarding cloathing nursing &
doctoring sundry Paupers to June 1, 1803 — exclusive of
doctorinsr Mrs. Smith 520 74

Resolves, 1803. — Mat Session. 867

Dolls. Cts.

To tlie town of Noi'thfield for boarding cloathing nursing,
doctoring and funeral chax'ges for Marthy Robley to May
31, 1803 65

To the town of Plymton for Boarding cloathing nursing and
doctoring Simeon Brown and Hannah Mitchell to May 28th
1803 127 75

To the town of Pepperel borough for boarding and cloathing
Elisabeth Carew to May 20, 1803 78

To the town of Raynham for boarding and cloathing An-
thony Briffin to June 1, 1803 16 60

To the town of South Hadley for boarding cloathing and doc-
toring Peter Pendergrass to May 19, 1803 .... 15

To the town of Swansy for boarding and cloathing sundry

Paupers to May 22, 1803 50 67

To the town of Shrewsbury for House Rent Supplies and
Doctoring for Betsy Robinson a Negro Woman and her
two Children to August 31, 1802 38 55

To the town of Standish for boarding cloathing and nursing

Alice Noble to May 18, 1803 50 80

To the town of Scarborough for boarding and cloathing Cor-
nelius Perry and James Mason to May 11, 1803 . . . 78 07

To the town of Stoneham for supplies for William Barton

to January 15th 1803 27 72

To tlie town of Salem for boarding cloathing and nursing

sundry Paupers to June 7, 1803 697 92

To the town of Tisbury for boarding cloathing nursing and

doctoring John Davis to May 31, 1803 . . . .39 11

To the town of Tyringham for boarding cloathing doctor-
ing and nursing Sophia Ilewlet to May 7, 1803 . . . 12 11

To the town of Uxbridge for boarding and cloathing Betty
Trifle and David Mitchell to June 8th 1803 including the
expence of a chair 58 25

To the town of West Sjiringfield for boarding and cloathing

Anna Pattee to May 19, 1803 32 49

To the town of Wrentham for boarding nursing and doctor-
ing David Bliss, Henry Clap John Moffett and Edward
Moore to June 1, 1803, including $57.54 Cts. omitted in
Roll, No. 48 . • 152 35

To the town of Windsor for boarding and cloathing the Wd.

Still to May 16, 1803 47 65

To the town of Wiscassett for boai'ding nui-sing Doctoring
and funeral charges for Sketon Hayes to the time of his
death 34 16

To the town of Worcester for boarding cloathing and nur-
sing Joseph King, Peter Willard, John Bradley and his
family, William Stanton & Jack Melvin including funeral
expences for Newbury Scott, to June 1, 1803 . . . 98 17

To the town of Western for boai'ding cloathing and nursing
William Johnson to March 29, 1803 34

To the town of Westborough for boarding cloathing nursing

and doctoring John Scnclemore, to June 5tli 1803 . . 32 92

To the town of Westfield for boarding nui'sing doctoi'ing
and funeral charges for Ithamar Noble to the time of his
death 47 43

To the town of Williamstown for boarding cloathing and
nursing Rachel Galusha to May 28th 1803 .... 26

868

Kesolves, 1803. — May Session.

To the town of York for boarding cloa'thing nursing and
doctoring'Pklwai-d Perkins and his Wife Mrs. Crocker and
Mrs. Perkins to June 9th 1803

Dolls. Cts.

93 42

12330 43
Militia Accounts,

Dolls, cts.
To a Court Martial whereof Major Genl. Cutler was Presi-
dent, held at Cambridge, Aprir20th 1803 . . . . 371 65
To a Court Martial whereof Major AVm. Presoot was Presi-
dent, held at Salem June 1st 1803 186 64

To a Court Martial whereof Col. Thomas was President,
held at Sandwich March 22nd 1803 67 15

Guard.

To Benjamin Cook for the expence of a Guard at Watertown

December 2nd 1800 attending on Court Martial . . . 27 60

Aid-de-Camp and Brigade Majors.

To Nathan Haywai'd Aid-de-Camp for services to May 1, 1803
To James Ayres Brigade Major for services to May 31st 1803
To Jeremiah Clap to June 4th 1803
To Seth Tinkham to February 24, 1803 .

Adjutants' Accounts.

To Amos Ames for services to December 1st 1802

To Aaron Brooks for services to September 1st 1802

To Ebenezer Center for services to June 1, 1803 .

To David Dana for services to May 27, 1803 .

To Russell Dewey for services to December 22, 1802

To Ebenezer Heath for services to May 23, 1803 .

To Cyrus Keith for services to June 9, 1803 .

To Moses Merrill for services to May 28, 1803

To John Merrill Junr. for services to January 29, 1803

To James Tyler for services to Jany. 12, 1803

To Isaac Maltby for services to June 1, 1803 .

To Daniel Osborn for services to June 1, 1803

To John Serjeant for services to April 15, 1803

To Jason Ware for services to May 25th, 1803

Expence for Horses to haul Artillery.

To James Carter for expence for Horses to haul Artillery to

June 10th, 1803 5

To Robert EI well for expence for Hoi'ses to haul Ai'tillery

to March 20, 1803 5

To Nehemiah May for expence for Horses to haul Artillery

to September 28, 1802 6

To Thomas Stevens for expence for Horses to haul Artillery

to June 1, 1803 5

To Samuel Smitli for expence for Horses to haul Artillery

to May 6, 1803 6

To Ephraim Willai'd for expence for Horses to haul Artillery

to May 21, 1803 5

Total for Militia $1232 04

, 1803

tl803 35 10

. 83 62

. 63 42

. 33 02

12 06

11 08

35 33

29 30

37 38

13 70

32 77

38 05

16 93

17 70

13 53

9 01

Kesolves, 1803. — May Session. 869

Goalers' Accoujits for supiwrting Convicts.

Dolls. Cts.

To Nathan Heard keeper of the Goal in Worcester for board-
ing Ely Page to May 25th, 1803 31 46

To Oliver Hartshorn keeper of the Goal in Boston for diet-
ing Elisha Dillingham Charles Blade and George Horn to
Jnne 9th, 1803 75

To Rufus Hosmer nnder keeper of the Goal in Concord, for
dieting Gains Proctor, Thomas Lamb, Thomas Beai'd, John
P. Francis and Isaac Moore and for sundries of cloathing
to June 16, 1803 159 98

Total for Convicts $266 44

Printers Accounts.

Dolls. Cte.
To John Dennis Printer at Greenfield for printing the laws

to June 1st, 1803 16 67

To Peter Edes Printer at Augusta for printing the laws to

May 26th, 1803 16 67

To Thomas C. Gushing at Salem for printing the laws to

June 1st, 1803 16 67

To John M. Dunham for printing the laws at Boston to June

15th, 1803 8

To Young and Minns Printers for the Genl. Court at Boston,

for printing the Acts and Resolves and other printing for

Government to June 17th 1803 1332 43

$1390 44
Miscellaneous Accounts.

Dolls. Cts.

To the Guardians of the Dudley Indians, for a bal lance which
is due to them, in full to May 23rd 1803, which Sum the
Treasurer is directed to charge said Indians with, and to
be deducted from the Sum due to them from the Common-
Avealth 52 87

To Francis L. B. Goodwin Agent for the Penobscot tribe of
Indians to June 10th, 1808 55

To Park Holland Esijr. for services performed while an
agent for the Commonwealth, and for delivering Sui)plics
and Cash paid for Storage for the Indians by direction of
the Quarter M. Genl. to May 10th 1803 . . . . 40 75

To Jonathan Hastins for Postage of letters to June 12, 1803 77 12

To Joshua Holt for boarding and cloathing Levi Konkepot

to June 16, 1803 : 34 42

To Jonathan Jackson Treasurer for Cash Paid for sundries

expended in his Office to June 17, 1803 . . . . 55 64

To Jacob Kuhn messenger of the General Court, for a
ballance due him for money expended over and above the
Sums granted to him by the Resolves of June 21, 1802 and
Jany. 18th, 1803 in full to June 18th, 1803 . . . . 70 02

To Sylvanus Lai)liam for assisting the messenger of the

Genl. Court 27 days to June 22, 1803 47 25

870 Resolves, 1803. — May Session.

Agents for selling the Old State House.

Dolls. Cts.

To the Honble. Enoch Titcomb Esqr. :. . .36 84)

Hon. Aaron Hill Esqr 21 84 V 90 52

and Nicholas Tillinghast Esqr 31 84}

Total of Miscellaneous $523 69

Sheriffs'' Accounts.

Dolls, cts.

To Edmund Bridge for returning votes for Govenor &c. to

June 9th, 1803 14 56

To Joseph Dimmick for returning votes for Govenor &c. to

May 26, 1803 6 40

To John Gardner for returning votes for Govenor »&c. to

April 26, 1803 10 80

To Ichabod Goodwin for returning votes for Govenor &c. to

May 20, 1803 30 60

To Simon Earned for returning votes for Govenor &c. to

May 1803 15 18

To Ebenezer Mattoon for returning votes for Govenor &c.

to April 26, 1803 100 16

To George Partridge for returning votes for Govenor &g. to

May 1803 11 20

To Benjamin Smith for returning votes for Govenor «&c. to

May 16 1803 36

Total of Sheriffs^ $224 90

Aggragate of Boll No. 49.

Dolls. Cts.

Expence of State Paupers 12330 43

Ditto for Militia 1232 04

Ditto for Convicts 266 44

Ditto for Printers . . . . . . . . 1390 44

Ditto for Miscellaneous 523 59

Ditto for SheriflFs 224 90

Total amount $15,967 84

Resolved that there be allowed and paid out of the
Public Treasury to the several Corporations and i)er8ons
mentioned in this Roll the sums set again^ such Corpora-
tions and persons respectively, amounting in the whole to
Fifteen Thousand Nine Hundred sixty seven Dollars and
Eighty four Cents, the same being in full discharge of the
Accounts and demands to which they refer.

June 22, 1803.

RESOLVES

GENERAL COURT OF THE COxMMON WEALTH
OF MAS8AGHUSETT8,

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON,
ON THURSDAY, THE TWELFTH DAY OF JANUABY, ANNO
D03IINI 1804.

1803. — Januaky Session.
Chapter 59.

RESOLVE ON THE PETITION OF EDMUND COFFIN, OF BIDDE-
FORD, AUTHORIZING STEPHEN CODMAN, OF BOSTON, TO EX-
ECUTE A CERTAIN DEED.

Upon the petition of Edmund Cofiin of Biddeford in
the County of York, praying that the Executor of the
last will and testament of John Codman Esqr. late of
Boston in the County of Suffolk deceased, may ])e author-
ised by the Legislature to convey to said Edmund Coffin,
the right and title of the said John Codman Esqr. to a
house and lot of land in Biddeford aforesaid, agreable to
a contract for that purpose entered into between the said
Edmund Coffin and John Codman Esquire dated the 15th
day Jany. a. d. 1802.

Resolved, for reasons set forth in said Petition, that the
pra^^er thereof be granted, and that Stephen Codman of
Boston aforesaid merchant, sole Executor of the last will
and testament of the said John Codman Esqr. deceased,
be, and he herel)y is authorised and empowered to execute
and deliver a good and sufficient deed to the said Ednumd
Coffin of all the right and title which the said John Cod-
man had, at the time of his decease, in and unto a certain
dwelling house, and lot of land with the appurtenances
thereof situated in the town of Biddeford aforesaid, and
beins: the same dwelling house and lot of Land which the

872 Resolves, 1803. — January Session.

said John Codman Esqr. deceased, purchased of Joseph
Morrill Esqr. of said Biddeford, a deed of which is re-
corded in the records of said County of York Libro. 48,
folio 162, — a written contract for the conveyance of said
Estate having been entered into and signed by the said
Codman before his decease, and dated the 15th daj'^ of
Jany. a. d. 1802. January 14, 1804.

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT
THE OPENING OF THE SESSION.

May it please your Excellency,

The various sul)jects, which were under consideration,
at the former Session of the Legislature, but not then
brought to maturity, on account of the season of the year,
will now be resumed, & prosecuted with the degree of
attention, they are respectively thought to deserve ; we are
particularly impressed with the importance of attending
to the Judicial department of Government. The pros-
perity of the Community greatly depends on a prompt
and impartial, a wise and virtuous administration of Jus-
tice. It shall therefore be our endeavour to remedy any
defects which experience may have pointed out in our
present Judiciary system, and with your Excellency we
hope the result will tend to promote that great object of
all wise legislation, the happiness of the People.

Your Excellency's just remark on the change in the
Political affairs of Europe, since our last meeting, and
the new war kindled there between the nations, with
whom we have the greatest intercourse, naturally leads
the reflecting mind, to lament the complicated miseries,
they suffer, amidst scenes of distruction and ahirm, & at
the same time to rejoice in the distinguished blessings,
which we, as a nation, are enjoying in a State of neutral-
ity and i)eace. While contrasting their situation Avith our
own, as a ground of patriotic attachment to our Govern-
ment, and religious gratitude to the great disposer of
events, we agree with your Excellency in the importance
of performing the duties, as the best means of securing the
rights and advantages of a neutral character. Confiding
however, in the constituted authorities of the Union, to
regulate our foreign concerns, we rejoice that we are at
liberty as members of the Government of Massachusetts,
to turn our whole attention to the internal welfare and
prosperity of the Commonwealth.

Resolves, 1803. — January Session. 873

The Constitution of the United States, having author-
ized Congress to provide for organizing and discipl[«i]ing
the Militia, reserving to the respective States the trust of
appointing the Officers and training the Militia, agreeably
to the organization and discipline prescribed by Congress ;
the Senate feel the propriety of carrying into effect, so
far as it depends on this Government, the laws of the
United States, on that subject, particularly the late act
requiring, among other things, the appointment of Bri-
gade Quarter Masters and Regimental Chaplains. Atten-
tion shall also be paid to the mode and causes of removing
non-commissioned Officers ; and to the recommended pro-
vision of a Judge advocate, as a permanent Officer in
each Division, so far as upon investigation may be found
re(|uisite, and consistent with the Constitutional distribu-
tion of powers between the General and State Govern-
ments.

We are happy to be informed that such progress has
lieen made in building the State prison, that it may soon
be assigned as a place for the reception and confinement
of convicts sentenced to hard labor. The Senate will
readily co-operate in any legislative measures necessary,
to effectuate the design of that institution.

Impressed with the considerations mentioned by your
Excellency, in favor of granting pardons, in certain cases
to convicts under sentence of Death, upon condition of
their submitting to imprisonment and hard lal)or; and
considering that such commutations of punishment require
a concurrent exercise of the Executive power of pardon-
ing, and the authority of the Legislature to provide a
legal substitute for the punishment remitted ; the Senate
will attend to the expediency of making some general
provision by law for that purpose.

With regret Ave have heard of repeated instances of
robbery committed in this neighborhood, and will delib-
erate upon the measures recommended by your Excel-
lency, and any other means which may be deemed most
effectual, to restrain the commission of such outrages
upon the persons and property of })eaceable members of
society, or to bring the perpetrators to detection and
punishment.

The conduct of your Excellency, in pursuance of the
Resolve of the 5th of last March, relative to the demand
of this Commonwealth against the United States, for

874 Kesolves, 1803. — January Session.

ordnance and military stores delivered for their use,
meets with the entire approl)ation of the Senate.

The resolution of both Houses of Congress, proposing
an amendment of the Constitution of the United States,
respecting the election of President and Vice President,
shall receive, from the Senate, that serious consideration,
which its importance demands.

On that, and all other subjects, which may be communi-
cated or occur, during the Session, we beg leave to assure
your Excellency, that we will cordially unite in the effort
to cherish sentiments of mutual friendship and respect,
between the respective Governments, and departments of
Government, to which we are related, as legislators or as
Citizens, and to suffer no personal disagreement, or party
interest, to divert us from the practice of those duties,
which we owe to each other, and to the Public.

January 18, 1804.

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV-
ERNOR'S SPEECH AT THE OPENING OF THE SESSION.

May it please your Excellency,

The season of the Year prevented our prosecuting the
consideration of many important subjects at our last
Session. We shall endeavour to bestow that attention
upon them at this time, which they respectively deserve.
Among these the state of the Judicial Department is
highly interesting. The great accession of wealth, and
increase of population in this State, render it necessary to
revise the Judiciary System, and enquire what further
provision can be made, in order that Justice may be ad-
ministered to every one promptly, and without delay.
We lio})e that our deliberations on this, and all other sub-
jects, which may be discussed among us, will terminate,
in measures tending to promote the happiness of our
Constituents.

The deep commisseration which every sincere Christian,
and every mind possessing the feelings of Humanity must
exi)eiience for the misery occasioned by the new war
commenced in Europe, can receive little alleviation from
the idea, that our own pecuniary interests may be pro-
moted by it. The increase of Wealth, we are fully sen-
sible, is too frequently accomi)anied by the increase of
Vice. Vast abundance, and rapidly accumulating riches,

Resolves, 1803. — January Session. 875

often tend to excite selfish and unfeeling principles,
strengthen the desires of the avaricious to hoard, and
induce the profligate to extend the sphere of their licen-
tious indulgence, thus dissipating and demoralizing a
People, and sometimes entirely destroying their virtue.
The Laws of Nations respecting Neutrals, we consider
ourselves bound to observe, and whenever individuals
have the temerity to infringe them, the consequence must
entirely rest with themselves.

The regulation of the Militia claims, and will receive
our early attention, and we indulge the hope, that we
shall be enabled to apply those remedies to existing in-
conveniences, whiph are suggested by your Excellency.

We receive with pleasure the information, that the
State Prison, will speedily be pr&pared for the reception
and confinement of Convicts, who are sentenced to hard
labour. As the management of this Prison, will l)e under
the immediate inspection of the Government, we cannot
doubt that due attention will be given, to preserve the
health of the Prisoners, and to prevent extortion, and all
unnecessary rigour and severity. While it is agreed that
the power of pardoning offences after conviction includes
the right of granting pardons upon condition, that the
ofl'enders shall be confined to hard labour, during a spec-
ified term, when favourable circumstances appear in the
criminals case, it will be proper to soften the rigour of
the Law. To aid the executive, in the exercise of this
power, every necessary act, will we believe, be passed by
the Legislature.

All measures which have a tendency to prevent the
repetition of the high crime of robbery, which has re-
cently excited groat alarm, among the citizens of this
Commonwealth, and to l)ring the perpetrators of it to
punishment, will be readily adoi)ted.

The account given of the conduct of the Executive, rel-
ative to the demand of this Commonwealth, against the
United States, for the Ordnance and military Stores de-
livered for their use, is entirely satisfactory to this House.

The article of amendment proposed by Congress, to be
added to the Constitution of the United States, will be
duly considered. We shall enter upon and pursue the
discussion of this subject, under impressions of the high-
est respect and veneration, for an Instrument so valuable,
as the Constitution of the United States, the deliberate

876 Kesolves, 1803. — January Session.

production of our first and long tried Patriots, united
with our most enlightened and experienced Statesmen.

Any other communications, which your excellency may
make to us, will receive our prompt attention, and while
we entertain the highest esteem for the person and char-
acter of your Excellency, we shall cherish sentiments of
mutual friendship for each other, and avoiding all per-
sonal disagreement, or party discord, it will be our en-
deavour, undeviatingly to pursue those objects, which may
conduce to the public peace, prosperity, and safety.

January 18, 1804.

Chapter 61.*

RESOLVE ON THE PETITION OF BETH FORD, ADMINISTRATOR
ON THE ESTATE OF ORPHAN SOUL, AUTHORIZING CHARLES
TURNER, JuN. TO TRANSFER A DEED OF SALE.

On the Petition of Seth Ford, Administrator on the
Estate of Orphin Soul, deceas'd, praying that Charles
Turner Junr. Guardian to Debby Keith and James Keith,
Minors, may be Authorized to transfer to said Seth Ford
certain Lands mentioned in said Petition.

Resolved, That the said Charles Turner Junr. be, and
he is hereby Authorized to transfer, by deed of Sale, all
the right, title and interest, which his said Wards, Debby
Keith, and James Keith, have in and to the Lands, con-
veyed to them by Thomas Ford, as Stated in said Petition.

January 19, 1804.

Chapter 63. t

RESOLVE GRANTING 200 DOLLARS TO JACOB KUHN, TO PUR-
CHASE FUEL, &c.

Resolved that there be allowed and paid out of the Treas-
ury of this Commonwealth, to Jacob Kuhn, messenger of
the General Court, the sum of Two Hundred Dollars, to
enable him to purchase fuel and such other articles as may
be necessary for the use of said Court ; he to be account-
able for the expenditure of the same.

January 20, 1804.

* Chapter 60 is a message from the Governor communicating a report of the
Commissioners appointed to compare weights and measures, and will be found
with the messages.

t Chapter 62 is a message from the Governor, communicating the returns of
the Adjutant and Quarter Master Generals, and will be found with the messages.

Resolves, 1803. — January Session. 877

Chapter 64.

RESOLVE FOR APPOINTING ADDITIONAL NOTARIES FOR THE
COUNTY OF ESSEX.

Resolved that there be three additional Notaries Public,
appointed, for the County of Essex. One to reside in the
Town of Salem, One to reside in the Town of Marblehead,
& One to reside in the Town of Newbury Port.

January 20, 1804.

Chapter 65.

RESOLVE ON THE PETITION OF RICHARD KIMBALL — GRANT TO.

On the Petition of Richard Kimball a Soldier in Captain
Cooks Company in the 1st liegement and 1st Brigade and
third Division of Militia of this Commonwealth, praying
for relief on account of a Wound which he received while
doing Military Duty.

Resolved That there be paid out of the Treasury of this
Commonwealth to Richard Kimliall, the Sum of One hun-
dred Dollars, in full for the loss of time and expence.
Occasioned, by a Wound he received on the Twenty sixth
of September 1803 while doing Military Duty.

Jamiary 21, 1S04.

Chapter 66.

RESOLVE ON THE PETITION OF TIMOTHY JACKSON, AUTHORIZ-
ING HIM TO EXECUTE A DEED.

On the petition of Timothy Jackson, Executor of the
last will and testament of Daniel Hastino:s late of New-
town in the County of Middlesex praying that he may be
authorised to sell three several pieces of land lying in said
Newton, being part of the real estate of the said deceased.

Resolved that the said Timothy Jackson for reasons set
forth in said petition is hereby authorised, and impowered
in said capacity to make sale at public auction of said
three pieces of land and to make and execute good & suf-
ficient deeds thereof: provided that the said Timothy
Jackson first give bonds to the Judge of Probate for the
County of Middlesex, with sufficient surety to observe
the Rules and directions of the Law in the sale of real
estate by executors and administrators in the first enact-
ing clause of an Act, entitled, "An Act directing the

878 Resolves, 1803. — JAjq-uARY Session.

settlement of estates of persons deceased, and for convey-
ing real estate in certain cases." — And also to account
with the Judge of Probate for the said County of Middle-
sex for the proceeds of said sale according to Law.

January 23, 1804.

Chapter 67.

RESOLVE FOR GRANTING WILLIAM GALE 100 DOLLARS, TO PUR-
CHASE FUEL, &c.

Resolved That there be allowed and paid out of the
Treasury of this Commonwealth to William Gale Mes-
senger to the Govenor & Council the Sum of one Hun-
dred Dollars to enable him to Purchase fuel and other
necessary Articles for the Council Chamber and Secre-
tarys office, he to be accountable for the expenditure of
the same. January 25, 1804.

Chapter 68.

RESOLVE ON THE PETITION OF AARON FALL — GRANT TO.

On the Petition of Aaron Fall, a noncommissioned
Officer in Captain Richardson's company in the second
Regiment, second Brigade and eighth Division of the
Militia of this Commonwealth, praying for relief on ac-
count of a wound which he received while doing Military
duty.

Resolved that there be paid out of the Treasury of this
Commonwealth to Aaron Fall the sum of Seventy five
Dollars, in full for the loss of time and expence occasioned
by a wound he received on the nineteenth day of Se[)tem-
ber 1803 while doing Military duty. January 27, 1804.

Chapter 69.

RESOLVE RESPECTING THE DISTRIBUTION OF THE LAWS OF
THE UNITED STATES.

Resolved, that the latest volumes of the laws of the
United States now in the hands, of the Governor of this
Commonwealth, be distributed in the following manner,
by the Secretary of the Commonwealth. — To the Clerk
of each town or District, and to the assessors of each in-
corporated Plantation, within this Commonwealth, which
pay a tax to the Commonwealth, one Copy, for the use of

Eesolves, 1803. — January Session. 879

such Town, District or Plantation ; to each Clerk of the
Court of Common Pleas-, for the use of the Supreme Ju-
dicial Court, and Courts of Common Pleas within the sev-
eral Counties, a number of Copies, equal to the number
of Towns, in which the said Courts or either of them are
by law, held in each County ; to the Sheriff of each
County, one Copy ; to each house of the Legislature three
Copies ; to be at the disposal of said Houses respectively ;
to the honorable Council one Copy, to be at their disposal ;
and to the Treasurer of this Commonwealth, one Copy ; to
each of the Judoes of the Supreme Judicial Court one
Copy ; to the two District Judges one Copy each ; to the
University of Cambridge; to Bowdoin'& Williamstown
Colleges ; to the American Academy of Arts & Sciences ;
to the Historical Society, to the Attorney General & Soli-
citor General, the Adjutant General, & the several Major
Generals of the Militia in this Commonwealth one Copy
each.

And be it further resolved, that upon the Death, resig-
nation or removal from Office of either of the said Clerks,
Sheriffs, Treasurer, or of either of the assessors. Attor-
ney General, Solictor General or military officer holding
said Laws, he or his Executors, or Administrators respec-
tively shall be held & obliged to deliver over the same to
his successor in Office. And that whenever any unincor-
porated Plantation shall be incorporated, the assessors
thereof for the time being shall forthwith thereupon de-
liver over the said Laws in their possession to the Clerk
of such incorporated Town or District, for the use thereof
as aforesaid.

A7id be it further Resolved, that the residue of said
Laws, which shall remain after said Distribution, shall re-
main in the Secretarys Office, for the further Disposition
of the Legislature. January 28, 1804.

Chapter 70.

RESOLVE ON THE PETITION OF ROSWELL MERRICK, AUTHOR-
IZING THE JUDGE OF PROBATE IN THIS CASE.

On the Petition of Koswell Merrick of Monson in the
County of Hampshire Guardian to the Children of Caleb
Vinton of said Monson deceased setting forth that the
said Caleb Vinton in his Life time together with his Brother
Calvin Vinton purchased seventy acres and one hundred

880 Kesolves, 1803. — January Session.

& thirty four rods of Land of Samuel Hoar lying in said
Monson and paid therefore in equal shares for which a
Deed was given to Caleb Vinton deceased on the 24th day
of May A.D. 1792 and also seven acres of George Shaw
lying in said Monson and paid for in equal shares for
which a Deed was given to the said Caleb on the 12th day
of October A.D. 1795, which Tracts of Land they im-
proved together during the Life time of the said Caleb &
each took his part of the profits of said Tracts of Land ;
and whereas the said Petitioner has prayed for a Division
of said Tracts of Land & that one moiety thereof may be
set off to the said Calvin & some person authorized to
make & execute a good & authentic Deed of the said
moiety to the said Calvin :

Therefore Resolved for Reasons set forth in said Peti-
tion that the Judge of Probate for the County of Hamp-
shire be & he hereby is authorized to appoint three disin-
terested freeholders to make an equal Division of said
Tracts of Land and assign one Moiety thereof to the
Heirs of said Calel) Vinton leaving the other Moiety to
be disposed olf as is herein after provided. And make
return of their doings under oath to the said .Judge of.
Probate. And that Roswell Merrick be & is hereby
authorized & empowered to make & execute to the said
Calvin Vinton a good & lawful Deed of the other Moiety
of said Tracts of Land which when acknowledged & re-
corded shall be equally valid to pass the same as though
the said Caleb had done the same in his Life time.

January 28, 1804.

Chapter 71.

RESOLVE ON THE PETITION OF LEVI LINCOLN, JUN. AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH ADVICE OF COUNCIL,
TO RAISE A COMPANY OF LIGHT INFANTRY, IN THE FIRST
REGIMENT, FIRST BRIGADE, AND SEVENTH DIVISION.

On the petition of Levi Lincoln Jr. & others.

Resolved That his Excellency the Governor, with the
advice of Council be, & hereby is authorized to raise by
voluntary enlistment a Company of Light infantry in the
first Regiment first Brigade & seventh divisi[o»,] of the
Militia of this Commonwealth to be attached to the said
first Regiment subject to all the rules So regulations that
are or may l)e by Law provided for the government of the
Militia of this Commonwealth. January 28, 1804.

Kesolves, 1803. — January Session. 881

Chapter 72.

RESOLVE RESPECTING STATE NOTES LOST, BURNT, &c.

Resolved, that before any petition be sustained, by the
General Court, for issuing a new State note or Notes, in
the lieu of such as may have been stolen, lost, burnt,
or otherwise destroyed, an Advertisement shall be in-
serted for four weeks successively in the News paper,
printed in Boston, by the Printers to the General Court,
for the time being, describing the number, date, sum &
name of the person, to whom such lost note had issued —
and the manner it was known or supposed to have been
stolen, lost, burnt or otherwise destroyed.

FehriLary i, 1804.

Chapter 73.

RESOLVE ON THE PETITION OF ISAAC ROYAL AND OTHERS,
AUTHORIZING THE AGENTS FOR THE COMMONWEALTH TO
SELL AND CONVEY THREE LOTS OF LAND IN TOWNSHIP
No. 3, ADJOINING THE TOWN OF PARIS.

On the Petition of Isaac Royal, Edward Packard, and
Moses Walton, settlers in the Township Number Three
adjoining the Town of Paris in the County of Cumber-
land, praying to be quieted in their respective settlements
in Said township.

Resolved, for reasons set forth in said Petition that the
prayer thereof be granted ; and that the Honble. John
Read & Peleg Cofiin Esqrs., as Agents for the Com-
monwealth, be and they are hereby authorized & em-
powered to sell and convey to the said Isaac Royal,
Edward Packard, & Moses Walton respectively & to each
of them a Lot of land not exceeding One Hundred Acres,
to be laid out under the direction of said Agents in such
manner as will best include their resjiective improvements
& be least injurious to the adjoining Lands, for such con-
sideration as the Agents aforesaid shall deem just and
reasonable — provided the said Petitioners respectively
shall within two years from the passing this Resolve pay
or cause to be paid to the Agents aforesaid for the use
of this Commonwealth, the })rice so affixed on the Lots
of Land which shall as aforesaid be laid out to each of
said Petitioners. February 2, 1804.

882 Resolves, 1803. — January Session.

Chapter 74.

RESOLVE ON THE PETITION OF ABNER M'MASTER.

On the Petition of Abner McMaster of South Hadley,
a Soldier in Captain William Tuyler's Company, praying
for relief on account of wound which he received on the
twenty fifth day of August 1800, while doing military
duty.

Resolved, that there be paid out of the Treasury of
this Commonwealth to the said Abner McMaster the sum
of One hundred Dollars, in full compensation for the loss
of time and expence occasioned by the wound he received
on the said twenty fifth day of August 1800. •

February 6', 1804.

Chapter 75.

RESOLVE ON THE PETITION OF GEORGE BAKER.

On the petition of George Baker, a foot Soldier in the
first Resriment, third Brigade, & fifth Division of the
Militia of this Commonwealth, praying for compensation
for the loss of his left arm, which was amputated in con-
sequence of a wound he received by the explosion of his
Musket on the eighth day of November 1802, when on
duty in consequence of orders from the Commanding
OflScer of said Regiment.

Resolved, that there be allowed and i)aid from the Treas-
ury of this Commonwealth to the said George Baker the
sum of Sixty Dollars, as a compensation for his expences
during his confinement under his wound.

And it is further Resolved, that there be allowed and
paid from the Treasury of this Commonwealth, to the
said George Baker the further sum of Forty Dollars
annually, during his life time, to commence from and
after the first day of January 1804. February 6, 1804.

Chapter 76.

RESOLVE ON THE PETITION OF PETER OLIVER ALDEN AND
OTHERS, AUTHORIZING THE GOVERNOR, WITH THE ADVICE
OF COUNCIL, TO ESTABLISH A LIGHT INFANTRY COMPANY
IN THE TOWN OF BRUNSWICK.

On the petition of Peter Oliver Alden and others, pray-
ing for leave to Establish a Company of Light Infantry
in the second Regiment, in the Second Brigade, & Sixth
Division of the Militia of this Commonwealth.

Resolves, 1803. — January Session. 883

Resolved, That his excellency the Governor, with
Advice of Councill, be, and he hereby is authorized to
Establish by voluntary enlistment, a Company of Light
Infantry In the Town of Brunswick, in the Second Regi-
ment, second Brigade, & Sixth Division of the Militia of
this Commonwealth ; which company shall be annexed to
the Said Second Kegiment, & Subject, to all such rules,
regulations and Restrictions as are, or may be provided
by Law, lor regulating and Governing the militia of this
Commonwealth. February 6, 1804.

Chapter 77.

RESOLVE ON THE PETITION OF STUART GREEN, AUTHORIZING
THE EXECUTORS OF BENJAMIN TITCOMB'S WILL TO EXE-
CUTE THE DEED MENTIONED.

On the Petition of Stuart Green of Gorhara, in the
County of Cumberland, praying that the Executors of
the estate of Benjamin Titcomb, late of Portland, in Said
County, Deceased, may be authorized to give and execute
a Deed of part of a certain Lot of land in Standish in
Said County of Cumberland.

Resolved, for reasons set forth in Said Petition, That
the executors of the last will and Testament of Benjamin
Titcoml), late of Portland, in Said County, Deceasd, be,
and they are hereby authorized and empowered to make
& execute a Deed of Conveyance of the South westerly
halt" part of the hundred Acre Lot of land, in Said Stand-
ish, numl)er Forty Eight in the second Division of Lands
in Said Town, To Stuart Green of Gorham Aforesaid, his
heirs and assigns, which Deed shall be as good and effect-
ual in law, to convey the Said land, as if made and exe-
cuted by the Said Benjamin, in his life Time.

February 7, 1804.

Chapter 79.*

RESOLVE DIRECTING THE LEGISLATIVE MESSENGER TO PRO-
CURE FIRE-BUCKETS FOR THE STATE HOUSE AND TO EM-
PLOY A PROPER PERSON TO ERECT THE FORCE PUMP AND
PIPES ALREADY PROVIDED.

Resolved, that the Messenger of both Houses be directed
to purchaise fifty leathern fire bucketts &, fifty fire Bags

* Chapter 78 is a message from the Governor respecting the support and edu-
cation of Levi Konkepot, an Indian boy, and will be found with the messages.

884: Resolves, 1803. — Januaey Session.

to be Painted, Marked & numbered & deposit the same
in some suitable place in the State House & also to em-
ploy a proper Artist to erect the forced Pump & pipes
already provided & in the Cellar of the State House so
that the same may be ready for use in case of Fire.

February 8, 1804.

Chapter 80.

RESOLVE DIRECTING THE SECRETARY RESPECTING THE DIS-
TRIBUTION OF DOCUMENTS RELATIVE TO LANDS IN DIS-
TRICT OF MAINE.

Resolved, that the Secretary be directed to deliver printed
Copies of the several resolves & other documents re-
specting the Commonwealths Lands in the district of
Maine to the several Persons hereinafter designated vizt.,
To his Excellency the Governor one Copy ; His Honour
the Lieut. Govei-nor one Copy ; The Honourable Mem-
bers of the Council, Senate, & House of Representatives
one Copy each ; The Clerks of the several Courts in the
District of Maine one Copy each ; To the Agents for com-
pleating Contracts relative to the sale of Eastern Lands
one Copy each & the residue to remain in the Secretarys
Office for the further disposal of the Legislature.

February 8, 1804.

Chapter 81.

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE
GENERAL COURT.

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 ])er day for each days Attendance the present Session ;
and the like Sum for every ten miles distance from their
respective places of abode to the place of Setting of the
General Court.

And he it further resolved, that there be paid to the Pres-
ident of the Senate and Speaker of the house of Repre-
sentatives, each two dollars per day for each and every
days Attendance over and above their pay as Members,

February 10, 1804.

Kesolves, 1803. — January Session. 885

Chapter 83.

RESOLVE ON THE PETITION OF ISAAC SCAMMAN, INSTRUCTING
THE SOLICITOR-GENERAL TO INSTITUTE AN INQUEST OF
OFFICE.

On the Petition of Isaac Scamman praying that the
Solicitor General of this Commonwealth may he directed
to institute an Inquest of Office in the name and in behalf
of the said Commonwealth in manner as by law prescribed
in order that the said Commonwealth may be reseized of
a tract of Land described in said Petition.

liesolved, for the reasons set forth in said Petition, that
the Solicitor General of this Commonwealth be and that
he is hereby instructed to institute an Inquest of office in
manner by Law prescribed, in order that the said Com-
monwealth may be reseized of said Land, provided he shall
be of opinion that the same is the right of the said Com-
monwealth. February 10, 1804.

Chapter 83.

RESOLVE ON THE PETITION OF ROBERT ANDERSON AND
OTHERS, AUTHORIZING HIS EXCELLENCY, WITH THE AD-
VICE OF COUNCIL, TO RAISE A COMPANY OF CAVALRY
IN THE TOWN OF OTISFIELD.

On the Petition of Robert Anderson George Walker &
William Swett, in behalf of themselves &, thirty four
others, members of the late Otisfield Federal Volunteers,
in the County of Cumberland, praying that they may be
Organised as a Company of Cavalry.

Resolved, That His Excellency the Governor, with Ad-
vice of Councill, be Authorized To raise by voluntary
enlistment a Company of Cavalry, in the Town of Otis-
field, in the couuty of Cumlierland, within the Second
Brigade & Sixth Division of the Militia of this Common-
wealth, To be attached to the Squadron of Cavalry, in
the Second Brigade & Sixth Division Aforesaid, and Sub-
ject to such Rules and regulations, as are or may be pro-
vided by Law for the Gover[»]ment of the Militia of this
Commonwealth. February 10, 1804,

886 Resolves, 1803. — January Session.

Chapter 84.

RESOLVE AUTHORIZING THE MANAGERS OF THE LOTTERY
FOR REPAIRING PISCATAQUA BRIDGE IN NEW HAMP-
SHIRE TO SELL TICKETS TO THE INHABITANTS OF THIS
STATE.

On the petition of Thomas Thompson, Thomas Martin
& Elijah Hall setting forth the great decay of Piscataqua
Bridge in the State of New hampshire from unexpected
causes ; & that the Legislature of said State have granted
a Lottery for the purpose of raising fifteen thousand dol-
lars to repair the same, of which Lottery the petitioners
are managers ; & it appearing to this court that the said
bridge is of great use & benefit to the people of this
Commonwealth.

Resolved, that the said Managers & their agents be, &
they hereby are authorized & permitted to sell the tick-
ets of said Lottery to any person or persons within this
Commonwealth any law to the contrary notwithstanding.
Provided that such sale shall not continue longer than
one year from the passing of this resolve.

February 10, 1804.

Chapter S5.

RESOLVE ON THE PETITION OF ROBERT FOYE.

Resolved, that there be paid out of the Treasury of this
Commonwealth, to Robert Foye, the sum of Eight hun-
dred Dollars, in full for his losses sustained by fire com-
mitted by certain persons in the District of Maine, on the
twenty first day of October a.d. 1802, in consequence
of his Testimony, whereby certain persons were convicted
& confined in Castiue Gaol, for offences against the Gov-
ernment of this Commonwealth. February 10, 1804.

Chapter 86,

RESOLVE ON THE PETITION OF JONATHAN WALCUTT.

On the Petition of Jonathan Walcutt praying for an
extension of time to perform his contract as assignee to
Calvin Austin who contracted with the Committee for the
Sale of Eastern Land to purchase Township Number One
in the Sixth Range of Townships on the West Side of
Penobscot River, and north of the Waldo Patent ; for
Special Reasons,

Resolved, That the A<>ents of this Commonwealth, au-

Eesolves, 1803. — January Session. 887

thorized to perform and fulfil, the Contracts which have
l)een made by said Committee, be and they are hereby
empowered, to give a deed with the necessary assurances
of said Township Number One, described in the Contract
aforesaid with the said Calvin Austin, dated the Twelfth
day of November Seventeen Hundred and Ninety Three ;
to said Walcutt his Heirs and assigns ; the said Deed to
be conditioned according to the Terms of the original
Contract ; — Provided, that said Jonathan Walcutt his
heirs or assigns shall pay unto the Agents aforesaid for
the use of the Commonwealth the sum of Two thousand
Dollars on the first day of March next, and the Residue
of the sum due on said Contract, with the Interest thereon,
in one Year afterwards. February 10, 1804.

Chapter 87.

RESOLVE ON THE PETITION OF JAMES ROBINSON, IN RIGHT
OF HIS WIFE JANE, AND PERKINS NICHOLS, GUARDIANS OF
THE MINOR CHILDREN OF TIMOTHY GAY.

On the Petition of James Robinson in right of his Wife
Jane — and Perkins Nieols Guardians of the minor chil-
dren of Timothy Gay late of Boston Merchant deceasd.

Resolv'd, That the said Guardians be and they are
hereby authorisd, and allow'd under the direction & with
the previous consent & approbation of the Judge of Pro-
bate of wills &c. for the county of Suffolk to apply the
rents, income of the Real Estate, and such of the personal
Estate of the said minors, to the erecting of new build-
ings or the removal or repairs of any old buildings, as in
the Judgment of the said Guardions will promote the In-
terest of their Wards — provided also — and it is further
liesolv'd — That it shall be the duty of the said guardians
to cause to be insurd against Fire, all Buildings that may
be erected in virtue of this resolve — and to account with
the Office of Probate for the County of Suffolk, as is by
law in the case of guardians provided.

February 10, 1804.

Chapter 88.

RESOLVE ON THE PETITION OF DANIEL HOLDEN AND OTHERS,
AUTHORIZING A COMPANY OF ARTILLERY TO BE RAISED
IN THE 1ST BRIGADE, 8TH DIVISION OF MILITIA.

On the petition of Daniel Holden and others, praying
that a Company of Artillery may be raised in the First
Brijrade, Eigth Division of Militia in this Commonwealth.

888 Resolves, 1803. — January Session.

Resolved, That his Excellency the Governor with the
consent of the Council, be authorized and empowered to
raise a Company of Artillery in said Brigade, and within
the fifth Regiment, subject to such rules and regulations
as are, or may be provided by law. February 11 ^ 1804.

Chapter 89.

RESOLVE ON PETITION OF INHABITANTS OF TOWNSHIPS NO.
1 AND NO. 2, WEST SIDE KENNEBECK RIVER, DIVIDING THE
SUM SET TO THEM IN THE VALUATION.

On the i)etition of a number of the inhabitants of the
seven mile brook plantation, comprehending the Town-
ships number one, and two, on the west side of Kennebec
lliver, in the second range of Townships North of the
Plimouth claim, shewing that in the last Valuation, both
these plantations were included in one, and were doomed
by the Legislature, to pay thirty three cents on the thou-
sand dollars, & praying for an equita])le division of the
same, and whereas it has been found impracticable for the
plantations aforesaid to make a division of the same —
therefore

Resolved, that the sum of Eighteen cents, i)art of the
thirty three cents aforesaid, be put to the i)lantation num-
])er one ; and fifteen cents being the remaining part of the
thirty three cents aforesaid, be put to the plantation Num-
ber two, which sums are respectively to be considered as
their equal & just proportion in all future taxes ; and the
Treasurer in issuing bis warrants for Taxes is required to
govern himself accordingly. February 11, 1804.

Chapter 90.

RESOLVE APPROVING THE SETTLEMENT OF THE CLAIM OF THE
COMMONWEALTH FOR MILITARY AND ORDNANCE STORES
DELIVERED TO THE UNITED STATES UPON THE CESSION OF
CASTLE ISLAND.

Whereas by a resolution of the 5 of March last, His
Excelly the Governor, with the advice of counsel, was
authorized to make & conclude a final settlement of this
Commonwealth's claim for military & ordnance stores
delivered the United States & it appearing that said set-
tlement hath been accomplished & conclud'd & the bal-
lance due paid into the treasury of this Commonwealth —

Resolved That this Legislature do approve of the set-

Resolves, 1803. — January Session. 889

tlement as aforesaid, & of the zeal & attention with
which the same has been effected by his Excellency the
Governor, on the part of this Commonwealth.

February 13, 1804.

Chapter 93.*

RESOLVE ON THE PETITION OF JONATHAN OAKES, GUARDIAN
OF LYDIA BLANEY, OF CHELSEA, AUTHORIZING SAID GUAR-
DIAN TO APPEAL FROM THE DECREE OF THE JUDGE OF PRO-
BATE FOR THE COUNTY OF SUFFOLK.

On the Petition of Jonathan Oakes, Guardian of Lydiu
Blaney, of Chelsea, in the Comity of Suffolk, widow, non-
co7upos mentis.

liesolved, for reasons set forth in said Petition, that the
said Guardian be, and he hereby is, authorized to appeal
from the decree of the Judge of Probate within & for said
County of Suffolk, approving an instrument })urporting
to be the last will & testament of Samuel Sargeant, late
of said Chelsea, Gentleman, deceased, to the Supreme
Court of Probate next to be holden at Boston within and
for the County of Suffolk ; and the said Supreme Court are
hereby authorized to receive such ap})eal and to hear and
determine the validity of said will, any limitation to the
contrary notwithstanding. February 14, 1S04.

Chapter 93.

RESOLVE ON THE PETITION OF THE TOWN OF WATERBOR-

OUGH.

Whereas an Act was passed June 14th 1803 to Ascer-
tain and Establish the bounds of the Town of Lyman (late
Coxhall) in the county of York, and by the establish-
ment of said line the })()lls and estates of Nathaniel
Hrackett, Pomfret Downs, Judith Hamilton, John Knight,
Joseph Kicker, Dominicus llicker and George Ricker now
wilhin the Town of Lyman, were returned by the Town
of Waterboro in Said County, in the Valuation settled in
March 1802, which polls and estates amount to five cents
on the thousand dollars : Therefore

Resolved, that the sum of five cents be, and hereby is
deducted from the sum now charged to Said Town of

* Chapter 91 is a message from the Governor respecting the boundary line be-
tween Massachusetts and Connecticut and will be found with the messages.

890 Kesolves, 1803. — January Session.

Waterbovo, and that the same be added to the VaUiation
of the Town of Lyman. — in Avhich case the Town of
Waterboro will stand one Dollar & ten cents, and the
Town of Lyman one Dollar & Thirty one cents.

February 15, 1804.

Chapter 94.

RESOLVE ON THE PETITION OF THE INHABITANTS OF THE
TOWN OF TEMPLETON.

Upon the Petition of the inhabitants of the Town of
Templet(m, in the County of Worcester.

Resolved, for reasons set forth in said Petition, that the
said inhabitants of Templeton, be, and they hereby are,
authorized, at any time within a year from the passing of
this Resolve, to sue out and enter, at any term of the
Supreme Judicial Court, to be holden within and for said
County of Worcester, their Writ of Error upon a judg-
ment of the Court of Common Pleas, holden at Worcester
within and for said County of Worcester, on the monday
next preceding the first tuesday of September in the year
of our Lord eighteen hundred & one, wherein the said
inha[^u*Jtants of Templeton were complainants, against
the inhabitants of the Town of Braintre in the County of
Norfolk ; and the said Supreme Judicial Court are hereby
authorized to hear and determine the said action, and to
require, from the said Court of Common Pleas, any further
statement of facts in addition to the statement already
made in said case, in the same manner, to wW intents and
})urp()ses whatever, as if such Writ of Error had been sued
out and entered within one year after the rendition of the
aforesaid judgment of the said Court of Common Pleas.
And the said Supreme Judicial Court are authorized to
do, in the premisses, all things which are necessary and
proper in correcting the error, (if any) in the proceedings
and judgment of the said Court of Common Pleas and
rendering complete justice between the said parties.

February 15, 1804.

Chapter 95.

RESOLVE ON THE PETITION OF CALEB CLAPP.

On the petition of Caleb Clapp for relief in a reference
between him & Jonathan Harris.

Whereas on the third dny of November in the year
1797 certain demands between Caleb Clap of Boston in

Resolves, 1803. — January Session. 891

the county of Suffolk & Jonathan Harris of said Boston
were by the consent of the parties before Shearjashub
Bourne Esq. referred to James Sumner, Braddock Loring
& Simeon Wade, who made their report to the Court ot
Common pleas holden at Boston within & for the county
of Sufiblk at their term in January 1798, which report
was then & there by the said court accepted, & judgment
thereupon rendered — And whereas the said Clap suggests
that the said report was erroneous, & the acce[)tance
thereof improper ; — And whereas on the i)etition of the
said Caleb Clap the Supreme Judicial Court of this Com-
monwealth holden within & for the said county of Suffolk
on the third Tuesday of February in the year 1798 ordered
the same report to be recommitted to the same referees that
they should report anew — And whereas it appears that
one of the said referees refuses to hear & report upon said
cause again, whereby the said order of the said Supreme
Judicial Court has become ineffectual — And it appearing
to this court that justice may yet need to be done in the
premises :

Resolved, that the said Caleb Clap may on motion to
be made to our said Supreme Judicial Court, if the said
Court shall see reasonal)le cause to grant the same, pur-
chase a writ of review of said judgment of said Court of
Common pleas returnal)le to the said Supreme Judicial
Court at such time as they shall order — And that on the
return of said writ of review the said Supreme Judicial
Court may review the said judgment as well in matter of
law as it may respect the said Judgment of the said Court
of Common pleas as in matter of fact as it may respect the
said report of referees, in the same manner as if the said
re[)ort could have been & had been made to the said
Supreme Judicial Court by their own rule in an action for
the same matters between the same parties — any law to
the contrary notwithstanding. February 15, 1S04.

Chapter 96.

RESOLVE EMPOWERING LOTHROP LEWIS, ESQ. TO ASCERTAIN
AND MARK THE LINE BETWEEN LANDS OF THE COMMON-
WEALTH AND PLYMOUTH COMPANY LANDS.

Resolvedy That Lothrop Lewis Esqr. be and hereby is
authorized to run, ascertain and mark the Line between
the Lands of this Commonwealth, and the Lands claimed
by the Plymouth Comjmny so called, on the east side of

892 Resolves, 1803. — January Session.

the lands so claimed, at the equal expence of the Com-
monwealth and said Company — and make return thereof
to the Agents of the Commonwealth for eastern Lands —
And whereas opposition has uniformly been made to the
running said line by divers persons, who have threatned
to destroy the lives and property of all such persons as
were or should be engaged in that work, and who in some
instances have fired upon surveyors and others so engaged,
and assembled in large numbers and in arms, to prevent
the running the same therefore

Be it further resolved, That in case the running of said
Line by said Lewis shall be opposed in like manner as
aforesaid, so that it shall be dangerous for him to enter
upon and prosecute said work, that he shall forthwith
represent the same to the Governor who with advice and
consent of the Council is requested immediately to order
out such military force, from the Militia of either of the
adjoining Counties, as shall be sufficient to protect said
Lewis, and enable him to accomplish the running the Line
aforesaid, and that the Governor with advice and consent
of Council be empowered to make his warrant on the
Treasurer of the Commonwealth for the payment of the
Militia which may be ordered out as aforesaid, who shall
be entitled to the same pay as by Law is provided for the
Militia when in actual service. And whereas the Goal
in the County of Lincoln has heretofore by force been
opened and several persons liberated therefrom, who were
then confined under a charge of having riotously prevented
the running the lines between Lands of the Commonwealth
and the lands claimed by the Plymouth Company so called
— therefore

Be it further Resolved That if any person or persons
shall forcea1)ly resist and oppose the said Lewis or his
assistants, in running the Line mentioned in the foregoing
Resolve, it shall be the duty of all Officers both civil and
niilitary, and they are hereby required to seize take and
arrest such person or persons, and him or them safely
keep, and forthwith have before some Justice of the Peace
for said County of Lincoln for examination, and upon it
being made to appear to such Justice that the person or
persons so brought before him were concerned or engaged
in opposing as aforesaid the running the Line aforesaid
by said Lewis or any of his Assistants, it shall be the
duty of such Justice and he is hereby authorized and re-

Resolves, 1803. — January Session. 893

quired to make out his Warrant directed to the Sheriffs
of the Counties of Lincohi and Cumberland and their
Deputies and the keeper of the Goal in said County of
Cumberland, whereby the said Sheriffs and their Deputies
shall be respectively required safely to keep such person
or persons and him or them convey to said Goal, and
whereby the keeper of said Goal shall be required to re-
cieve such person or persons and him or them safely keep
and confine in said Goal without bail or mainprize until
the end of the then, next Term of the Supreme Judicial
Court that shall be holden within and for said County of
Lincoln — and the Justices of the Supreme Judicial Court
at any term thereof in any other County, or at the term
thereof in said County of Lincoln next after such person
or persons shall be confined as aforesaid, on application
from the Attorney or Solicitor General, may by warrant
directed to all proper officers order such person or persons
to be taken from said Goal, and conveyed into said County
of Lincoln, and in the Goal thereof safely kept so that he
or they may be held to answer to any matter or thing
which may be alledged against him or them at such term
of said Court, or may at such term in said County of
Lincoln, order such persons or any of them to be released
and discharged from such confinement ; and on convic-
tion of any such person of such oflcnce as aforesaid, the
Justices of said Supreme Judicial Court may & are herel)y
authorized to order such convict to be confined in the
Gaol of any County within this Commonwealth, any Law,
usage or custom to the contrary notwithstanding. Pro-
vided nevertheless, that the said Supreme Judicial Court
at any term thereof in any County or any one or more
Judges thereof in the vacation may bail any person com-
mitted as aforesaid before conviction, at their discretion,
whenever the circumstances of the case shall appear to
require it.

And he it further Resolved, That the Secretary of this
Commonwealth l)e and hereby is required to cause the
ioregoing Resolves to be published in the Kennebeck
Gazette printed at Augusta and in the Eastern Repository
printed at Wiscasset, as soon as may be, and continued
therein six Weeks successively — and that the said Secre-
tary transmit an Attested Copy of the foregoing Resolves
to the Assessors of the Plantation of Ball's Town.

February 15, 1804.

894 Resolves, 1803. — Januaey Session.

Chapter 97.

RESOLVE ALLOWING 50 DOLLARS TO THE GENTLEMAN WHO
SHALL PREACH THE ELECTION SERMON IN MAY NEXT.

Hesolved, that there be allowed and paid out of the
Treasury of the Commonwealth, the sum of Fifty Dollars
to the Gentleman who shall preach the Election Sermon,
on the last Wednesday of May next,

February 16, 1804.

Chapter 98.

RESOLVE ON THE PETITION OF CYRUS HAMLIN, AGENT FOR
THE TOWN OF LIVERMORE, DEDUCTING 10 CENTS FROM THE
VALUATION OF SAID TOWN AND ADDING THE SAME TO THE
VALUATION OF THE TOWN OF LEEDS,

Whereas it appears by the petition of Cyrus Hamlin
Agent for the Town of Livermore, that since the adoption
of the last valuation, the Southeast part of the Town of
Livermore in the County of Cumberland, with the inhabi-
tants therof, has been set off to the Town of Leeds in
the County of Kennebec, and therefore prays, that the
inhabitants on the tract of Land as aforesaid, with their
Estates, may be transferred from the valuation of Liver-
more, and annexed to the Town of Leeds :

Therefore Resolved, that the prayer of said })etition be
granted, and that the sum of ten cents, be, and hereby is
deducted from the sum now charged to said Town of
Livermore, and that the same be added to the Valuation
of the Town of Leeds. February 17, 1804.

Chapter 99.

RESOLVE ON THE PETITION OF ANDREW CRAIGIE, AUTHOR-
IZING THE COMMITTEE FOR THE SALE OF EASTERN LANDS
TO EXECUTE A DEED.

On the Petition of Andrew Craigie.

Whereas it is represented to this Court, that a Town-
ship of Eastern Land numbered Eight in the Eighth range
of Townships lying between Kennebeck & Penobscot
rivers north of the Waldo Patent, was contracted for by
Appolos Kingsly of the City of New York on the fourth
day of March in the year of our Lord one Thousand seven
hundred & ninety four as by a Copy of said Contract in

Eesolves, 1803. — Januaey Session. 895

the Land Office fully appears — and whereas it is repre-
sented that said Kingsley did by his Assignment on the
Original Contract Assign the same to said Craigie, he to
be Accountable to the Commonwealth for the payment &
fulfilment of the Conditions therein which Contract is said
to be mislaid or lost :

Therefore Resolved, that John Read & Peleg Coffin
Esquires agents for the Commonwealth, be and hereby are
authorised, to make & Execute a Deed of said Township
to Andrew Craigie his heirs & Assigns with the Con-
ditions and reservations made in said Contract, on said
Craigie, producing a Certificate from the Treasurer that
the notes given in payment for said Township by said
Andrew Craigie & Bossenger Foster are fully paid into
the Treasury — the original Contract being lost or mislaid
notwithstanding. February 17, 1804.

Chapter 100.

RESOLVE ON THE PETITION OF THE PRESIDENT AND DIREC-
TORS OF THE ROXBURY CANAL.

Whereas, — a Petition of the President, & Directors,
of the lioxbury Canal Propriety ; sets forth, that they
claim the Soil, & Freehold of certain Land ; situate in
Boston, within the County of l^uftblk, adjoining to Com-
mon Lands, belonging to the Town of Boston, upon the
East Side of Boston Neck ; the bounds of which, are in
controversy, with the Town of Boston ; & to which Land,
they cannot have an impartial & legal trial, from the In-
terests, which the Town of Boston, claim in the same :

Therefore Resolved, That any & all persons or Bodies
corporate, claiming any right or title to said Land which
was formerly the estate of Jovshua Lamb lying on the East
side of Boston Neck so called & within the County of
Suffolk may commence and prosecute unto final Judgment
and Execution any suit or action at Law, wherel)y the
Title to the lands aforesaid or any part thereof may be
finally settled and determined, and any action or actions
of trespass, for any trespasses done and committed, or
which may be done & committed on the Lands aforesaid,
before the title to said Lands shall be finally determined
and settled, before the Supreme Judicial Court at any
term thereof within the County of Middlesex — and the
Justices of the said Court are hereby authorized & cm-

896 Resolves, 1803. — January Session.

powered to sustain & take cognizance of all such suits
or actions so brought as aforesaid, at any term of said
Court within said County of Middlesex, and to hear,
try & enter Judgment & issue Execution, thereon in the
same way & manner, as if the land aforesaid was situate
and lay within the County of Middlesex, & the said
suits or actions had come before the same Court by
appeal from the Court of Common Pleas, and all parties
to such suits or actions shall be bound thereby accord-
ingly, any Law usage or custom to the Contrary notwith-
standing. February 20, 1804.

Chapter 101.

RESOLVE ON THE PETITION OF SAMUEL FLAGG AND EDWARD
BANKS, ESTABLISHING AND CONFIRMING THE SALE OF A
LOT OF LAND.

On the Petition of Samuel Flagg & Edward Bangs, in
l)ehalf of the Inhabitants of the Town of Worcester,
in the County of Worcester, Shewing that the Said Inhab-
itants, have made Sale of a Small Lot of Land, Situate
in said Town, being a part of the Ministerial and School
Land, without having first obtained leave of the gover[n]
ment therefor, and praying that said Sale may be estab-
lished and confirmed.

Mesolved, That the Sale and Title to the said lot of
Land, which the said Inhabitants have so Sold, be, and
the same is, hereby established & confirmed, to the pur-
chaser thereof, in as full and ample a Manner, to all in-
tents and purposes, as if licence had been first obtained
from ye gover[?i]ment therefor. Provided ahoays, that
the Money which has arrisen, and Shall arrise, from the
sale of the said Land, Shall be put out at Interest, on
good Security, and that the annual Interest, arrising on
the amount of such Sale, Shall be applied for the Sui)port
of the Ministry and Schools in said Town, agreeal)ly to the
original design, for which the said Lands were reserved,
any Law or Resolve to ye Contrary Notwithstanding.

February 20, 1804,

Kesolves, 1803. — Jandtary Session. 897

Chapter 103.

REPORT OF COMMISSIONERS FOR SETTLING THE BOUNDARY
LINE BETWEEN THIS STATE AND CONNECTICUT, AND ORDER
DIRECTING THE SECRETARY TO CAUSE THE SAME TO BE
RECORDED AND PUBLISHED WITH THE RESOLVES.

Commonwealth of Massachusetts.

In Senate, February 18, 1804.
Ordered that the report of the Commissioners appointed
to ascertain and settle the boundary line between this
Commonwealth and the State of Connecticutt be deposited
& recorded in the Secretarys Office, and that the Secre-
tary be directed to cause this Order together with the
report of said Comissioners to be printed with the Re-
solves of the General Court.

Agreement entered into hy the Commissioners appoitited to
ascertain and establish the boundary line between the
Commonwealth of MassacJiusetts and the State of Con-
necticutt on the West side of Connecticut River.

To all to whom these Presents shall come — The under-
written John Hooker, Timothy Bigelow and George
Bliss Commissioners appointed by the Commonwealth
of Massachusetts, of the one part and the underwritten
Aaron Austin, Eliphalet Terry and Thaddeus Leavitt
Commissioners appointed by the State of Connecticutt
of the other part Send Greeting —

Whereas the Commissioners heretofore appointed to
ascertain the boundary line between the said Common-
wealth and said State did not compleat the same by reason
of disagreement respecting the Line l)etween the Town of
Southwick and the towns of Suffield and Granby, and
whereas a compromise was heretofore proposed by said
Commonwealth of the differences respecting the Line be-
tween said town of Southwick in said Commonwealth and
the towns of Suffield and Granby in said State, viz. that
the Line should begin at a Station eight rods South of the
South west corner of West Springfield, and thence run
West to the large ponds, and thence Southerly by those
ponds to the ancient South line of Westfield, and thence
in said South line to the ancient South West Corner of
Westfield, and thence Northerly in the ancient line of

898 Resolves, 1803. — January Session.

Westfield to the Station in said line made by Commission-
ers in the year one thousand seven hundred and fourteen,
and thence to the South West Corner of Granville, which
compromise was acceded to, by the said State of Connec-
ticutt, and whereas by an Act of said State of Connecti-
cutt made and passed at the Session of their Legislature
in May last, the said Aaron Austin, Eliphalet Terry and
Thaddeus Leavitt were appointed Commissioners on the
part of said State, for the purpose of compleating the run-
ning and demarkation of the boundary line between the
towns of Suffieid, Granby, Hartland, Colebrook, Norfolk,
Canaan and Salisbury in said State, and the towns ad-
joining them in said Commonwealth and were thereby au-
thorized and empowered to meet Commissioners appointed
& vested with similar powders by the Legislature of said
Commonwealth and in conjunction with them to ascertain
run and mark said boundary line thro the extent aforesaid
and to agree upon such principles respecting the running
of said line as from the best evidence they could obtain
might appear to them just and reasonable, and were duly
commissioned in conformity to said act, and whereas by
an act of the Legislature of said Commonw^ealth made and
passed at their last Session, the said John Hooker, Tim-
othy Bigelow and George Bliss were appointed Commis-
sioners on the part of said Commonwealth for the purpose
of completing the running and, demarkation of the boun-
dary Line between the towns of West Springfield, South-
wick, Granville, Southfield New Marlborough, Sheffield
and Mount Washington and any tract or tracts of unin-
corporated land in said Commonwealth and the towns ad-
joining thereto in said State, and the said Commissioners
or any two of them were in and by said act authorized
and empowered to meet Commissioners appointed and
vested with similar powers by the Legislature of said
State, and in conjunction with them to ascertain run and
mark said boundary Line through the extent aforesaid,
and in and by said last mentioned act it was provided
that no variation which should be established by said
Commissioners from the line heretofore existing, should
aflect the private rights and titles derived from said Com-
monwealth and State respectively, and by the same act said
Commissioners, or any two of them were authorized and
empowered to agree upon such principles respecting the
running the said line as from the best evidence they could

Kesolves, 1803. — January Session. 899

obtain might appear to them just and reasonable, and the
said Commissioners on the part of said Commonwealth
were duly commissioned in conformity to said Act, as by
the said Acts and Commissions relation being thereunto
had may more fully appear.

Now therefore, Know Ye, that the underwritten Com-
missioners on the part of the Commonwealth of Massachu-
setts, and the State of Connecticutt respectively having
asseml)led in order to the due execution of their respective
trusts, and having duly exchanged and considered their
respective powers, and declared the same legal and suffi-
cient, to the end that all doubts, interfering claims and
controversies between said Commonwealth and State in
respect of Jurisdiction may be finally settled, the boun-
dary line aforesaid clearly ascertained, and harmony for-
ever established on the most solid foundation have agreed
and by these Presents do mutually for and in behalf of
said Commonwealth and State, by whom respectively the
said Commissioners have been appointed and authorized
as aforesaid, agree, First, That the antient practical line
between the towns of West Springfield and Suffield shall
constitute the said Line of Jurisdiction so far as the same
extends. Secondly, That from the Southwest corner of
West Springfield to the South East corner of Granville,
the line of Jurisdiction shall conform to the line described
and mentioned in the aforesaid Acts of said Common-
wealth and State respectively. Thirdly, That from the
South East corner of Granville, the Line of Jurisdiction
shall conform to the Line run by Commissioners in the
year One thousand seven hundred and seventeen through
the whole extent thereof as nearly as the same can be
ascertained, and that from the termination of that line the
said line of Jurisdiction shall run straight to the North
West corner of said State of Connecticutt. Fourthly,
That upon the principal public roads which intersect said
line of Jurisdiction and at other proper places, there shall
be erected stone monuments containing suitable inscrip-
tions.

And in conformity to said principles and the aforesaid
Acts of said Commonwealth and State, we proceeded and
ran said Line of Jurisdiction as follows to wit, Beginning
at the Noi-tli East corner of Suffield and the South East
corner of West Springfield on the West bank of Con-
necticutt river at a point 75 links northward of the centre

900 Kesolves, 1803, — January Session.

of a small valley running into said river, said point being
between a small butternut tree markd M.C. standing on
the South, and a small crooked white oak marked M.
standing on the north about two feet distant from each
other, and thence run No. 82° 45"- Wt. one chain to a
stone monument erected by us, thence in the same course
22 Chains 25 links to a stone monument on the Stage
road from Springfield to Sufiield, & said course continued
would pass two feet north of Smiths house, thence No.
82° Wt. 82 Chains 30 links to a stone monument on the
middle road from Suffield to Springfield — thence in the
same course 13 Chs. 30 L. to a large black or red oak
tree, markd on the east side C. & on the west side M.
being an antient brmnd — thence No. 77° 4'"- Wt. 134 Cs.
42 1. to a stone monument on the road from Feeding hills
meeting house to SuflSeld — thence in the same course 4 Cs.
21 L. to a pine stump an old monument — thence No. 79°
48"'- Wt. 102 Chs. 80 L. to a stone monument on the road
from Westfield to Suffield called the back Street — thence
No. 84° 30"'- Wt. 61 Chs. 20 L. to a stone monument at
an old stump & stones the antient South West corner of
West Springfield — thence South 5° W^t. two chs. to a
stone monument in the line run by Commissioners in 1714
— thence No. 85° West 107 Chs. 33 L. to a stone monument
at the middle pond 22 links East of low water mark, being
at the center of a little valley running into said pond —
thence on the East shore of said pond as the same runs
Southerly to a sluice way or outlet from said pond to the
South pond, thence Southerly on the East shore of the
South pond as the same runs, to a stone monument at
high water mark on the South corner of said pond, being
the south end of the most south Bay thereof, from which
the point of land beyond the bay on the east side of the
pond bears No. 29° Et. & the high point beyond the bay
on the west side of the pond is No. 3° 30°'- Et. — thence
So. 10° 20"^ Wt. 24 Chs. 78 L. to a stone monument at
the South Et. corner of Southwick in the antient South
line of Westfield from which the highest peak of Manatick
mountain bears So. 42° 30'"- Wt. thence So. 87° 30™- Wt.
33 Chs. 86 L. to a heap of Stones in a hedge being an
antient monumt. in the So. Line of Westfield & the
northwest corner of Suffield adjoining Granby — thence
in said antient South line of Westfield the same course to
a stone monumt. at a white oak stump an old monumt.

Resolves, 1803. — January Session. 901

the South west corner of South wick being 174 Chs. 36
links — thence No. 10° 20'"- Et. 212 Chs. 84 L. to a stone
nionunit erected by us at a place in the antient West line
of Westtield where Commissioners in 1714 established
the monumt. called the crank monument — thence No.
82° 17™ Wt. 137 Chs. to a stone monumt. erected by us
at the east road from Granby to Granville — in this course
at the distance of 86 (Jhs. 20 L. from the crank monumt.
we passed between two pillars of stones 45 links South
of one & 13 links North of the other, both said to be the
South East corner of Granville — thence on the same
course 61 Chs. 40 L. to a stone monumt. erected by us on
the Granby turnpike road thence in same course 44 Chs.
to a white oak tree markd by Comissioners in 1717 &
which we markd " M" on the north side & " C. 1803 " on
the South side — thence No. 84° 24™- Wt. 5 Chs. 13 L.
to a stone monumt. erected by us on the west road from
Granby to Granville — thence in same course 200 Chs.
37 L. to a white elm stump & stones on the west bank
of Valley brook so called a monumt. made by Commis-
sioners in 1717 — in this course three monumts. are men-
tioned by said Comissioners which we do not find —
thence No. 85° 07™- Wt. 60 Chs. 15 L. to a stone monumt.
erected by us at a new road near the east bank of Hub-
bards river — thence the same course two Chains to a dry
hemlock tree with stones about it on the West side of
said river near a small fall & a rock on the east side of
said river sloping towards it more than two rods, being a
monumt. made by said former Comissioners — thence No.
82° 52'"- Wt. 109 Chs. 35 L to a stone monumt. erected
by us on the road leading from Granville to Hartland —
thence same course 275 Chs. 91 L. to a large heap of
stones on the west bank of Slocum Brook between two
hemlock trees having many antient & modern marks
thereon — being a monumt. made by said former Comis-
sioners— in this course the Commissioners in 1717 made
mention of a large hemlock tree, and a very large white
Ash tree which we do not find — thence No. 81° 45'" Wt.
65 Chs. to a stone monumt. erected by us at the turnpike
road by Farmington river — thence same course 5 Chs.
to a heap of stones, a monumt. erected by said former
Comissioners on the West bank of said river — thence
No. 81° 50™ Wt. 93 Chs. 74 L. to a stone monumt.
erected by us on the beach hill road so called — thence

902 Kesolves, 1803. — January Session.

on the same course 235 chs. to a stone monumt. erected
by us at a heap of Stones al^out an ehn tree standing on
the west bank of sandy brook a monumt. made by said
former Commissioners, who mentioned in their report a
monumt. in this course wliich we do not find — thence
No. 82° ll'" Wt. 357 Chs. 30 L. to a stone monument
erected by us at the road from New Marlborough to Nor-
folk— thence same course 38 Chs. 20 L., to a monumt.
made by said former Comissioners on the West bank of
Whiting river near falls being a heap of flat stones on a
large rock — thence No. 82° 09'^- Wt. 219 Chs. 25 L. to
a stone monumt. at the end of the Green woods turnpike
road — in this course said former Comissioners markd
two trees which we do not find — thence in the same
course 161 Chs. 75 L. to a stone monumt. at the Burrell
road so called leading from Canaan to Sheffield — thence
in the same course 49 Chs. to an elm tree with stones
near it on the east bank of Housatonuck river about six
rods west from a chesnut stump and stones a monument
made by said former Commissioners — who also markd a
white oak tree in this course which we do not find —
thence No. 82° 52'"- Wt. 20 Chs. 50 L. to a stone monumt.
erected by us at the road leading from Salisbury to Shef-
field called Wheetaug road — thence on the same course
119 Chs. 50 L, to a stone monument erected by us at the
road from Salisbury to Sheffield near Ebenr. Fletchers
house — thence on the same course 211 Chs. 35 L. to a
stone monumt. erected by us at the mountain road from
Salisbury to Sheffield — thence on the same course 28
Chs. 4 L. to a monumt. established by said former Comis-
sioners at the foot of the mountain, being a heap of stones
on a large rock 20 links long on the northeastward side
five feet high on the Southerly side & which we marked
" 1803" on the Southeasterly side — thence No. 85° SO""-
Wt. 147 Chs. 20 L. to a stone monumt. erected by us at
the road from Salisbury to Mount Washington — thence
on the same course 81 Chs. 80 L. to a large heap of stones,
the Oblong Corner bounds so called between the States
of Connecticutt & New York — In the last mentioned
distance we crossed two mountains on the top of each of
which we erected a heap of stones before the line was
fully corrected but which will not be found to be far from
the true Line, which it was difficult exactly to ascertahi
on account of an irregularity in the needle at those

Kesolves, 1803. — January Session. 903

places. The courses of said Line as before given and
run by us are according to the present State of the mag-
netic needle, which we observed to vary five degrees to
the west of North.

The stone monuments erected by us are from two to
three feet high, one foot broad & eioht inches thick —
inscribed on the North side "M" and on the south side
" C" and also with the figures 1803 on one side and the
words " State Line " on each side — such as stand at cor-
ners are suitably inscribed on three sides, and all those
on the roads intersecting said Line are on the east side of
such roads.

And the said commissioners pursuant to the power and
authority vested in them respectively by the Acts and
Commissions aforesaid do hereby establish the line by
them run and described as aforesaid, and which is pro-
tracted on a plan accompanying these Presents to be the
true Boundary line of Jurisdiction between the said Com-
monwealth of Massachusetts, and State of Connecticutt
forever hereafter — Provided however, that not being al)le
in all cases to find all the monuments established by
former Commissioners nor ascertain the Line which they
run with })recision, these presents are not to be considered
as evidence of that Line or in any degree to prejudice
the claims of individuals to the lands contiguous thereto.
In Testimony of all which the said Commissioners do in-
terchangeably set their Hands and Seals to duplicates
of these Presents on this thirtieth day of November in
the Year of our Lord One Thousand eight Hundred
and three.

AARON AUSTIN, JOHN HOOKER,

ELIPHALET TERRY, TIMOTHY BIGELOW,
TIIADDEUS LEAVITT, GEORGE BLISS.

Wibiesscs jrrescnt.

Ahram. Burbank,
Samuel Flower,
Gideon Morley,

NaTHL. Sl'ENCER.

904 Resolves, 1803. — January Session.

Chapter 103.

RESOLVE AUTHORIZING SIMON LARNED AND MOSES HOPKINS,
ESQ'S. TO TAKE POSSESSION AND TO MAKE SALE OF THE
UNAPPROPRIATED LANDS BELONGING TO THIS COMMON-
WEALTH, IN THE COUNTY OF BERKSHIRE, ETC.

Resolved^ that Simon Lamed and Moses Hopkins Es-
quires be and they hereby are authorized to take posses-
sion and make sale of the unappropriated lands and any
other lands belono-ino; to the Commonwealth within the
County of Berkshire, giving such preference to the pos-
sessors or claimants of said lands as the said Larned &
Hopkins shall deem proper & equitable under all circum-
stances, and making them an equitable deduction, in the
price thereof, for any improvements, which they may
respectively have made on the lands so possessed or
claimed hy them, beyond the value of their use thereof;
the said Agents to account under oath with the Treasurer
of the Commonwealth for the proceeds of such sales, after
deducting their reasonable charges, to be allowed and set-
tled by said Treasurer.

And it is furllier Resolved, upon the Petition of John
Burghardt the third, that the said Agents pay to the heirs
of John Burghardt, late of Great Barrington, in the
County of Berkshire, deceased in such proportions as they
are by law entitled to inherit the estate of their said an-
cestor, the proceeds of the sales of seven hundred acres
of said unappropriated lands of an average value, in the
estimation of said Agents, which shall be in full satisfac-
tion of a grant of seven hundred acres of land made to
the said John Burghardt, deceased, by a resolve of Feby.
12th 1774. February 21, 1804.

Chapter 104.

RESOLVE DIRECTING THE SECRETARY RELATIVE TO A DIS-
TRIBUTION OF THE LAWS OF THE UNITED STATES.

Resolved, that the Secretary be, and he is hereby di-
rected, to cause a further distribution of the Laws of the
United States, in the manner following, viz.

To his Excellency the Governor, to his Honor the
lieut. Governor, and to each member of the honorable
Council, one set of the Laws of the first Session of the

Eesolves, 1803. — January Session. 905

sixth Congress, and one set of the Laws, of the second
Session of the sixth Congress, and one set of the first
Session of the seventh Congress.

And it is further Resolved, that the Secretary cause to
be delivered, one set of the above description of Laws,
to the President of the Senate, and to the Speaker of the
House of Representatives, and one set, to each member
of both branches of the Legislature. Febrtiary 21, 1S04.

Chapter 105.

RESOLVE ON THE PETITION OF RUTH BUSH, AUTHORIZING
THE ADMINISTRATRIX TO SELL A FARM AT VENDUE.

Upon the Petition of Ruth Bush, of Pittsfield in the
County of Berkshire, widow, and Administratrix on the
estate of Eli Bush, late of said Pittsfield, deceased.

Resolved, for reasons set forth in said Petition, that
the said Administratrix be, and she hereby is, author-
ized to sell at public auction, a farm of land situated in
Lenox in said County, containing about one hundred
acres, of Avhich said Eli Bush died seized, and which he
purchased a few months before his death, and to execute
a good and sufficient deed of conveyance of the same to
the purchaser thereof, she the said Administratrix first
giving Bond, with sufficient sureties, to the Judge of Pro-
bate of said County, conditioned that she will observe
the rules and directions of law for the sale of real estates
by executors and administrators, and the security and
application of the proceeds thereof. February 21, 1804.

Chapter 106.

RESOLVE ON THE TETITION OF PATIENCE BURGES, AUTHOR-
IZING THE GUARDIAN OF THE NATICK INDIANS TO SELL
THE LAND MENTIONED.

On the Petition of Patience Burges, one of the Natick
Indians, praying for leave to sell and convey about two
Acres of land situate in said Natick.

Resolved, for Reasons set forth in said Petition That
the prayer of said Petition be Granted, and that the
Guardian of Natick Indians, be and he hereby is Author-
ized, to sell and convey, at Public Vendue the land re-
ferred to in said Petition, and to make and execute a
good and lawfull Deed or deeds to the purchaser or pur-

906 Resolves, 1803. — January Session.

chasers thereof, said Guardian, to be accountable for the
expenditure of the monies arising from the sale, in the
same way and manner as he is chargeable for other
monies, as Guardian for the said Natick Indians.

February 21, 1804.

Chapter 107.

RESOLVE ON THE PETITION OF BELA ORCUTT.

On the Petition of Bela Orcutt, of New Salem in the
County of Hampshire.

Resolved, for reasons set forth in said Petition, that the
said Orcut be, and he hereby is, authorized to appeal from
the judgment of Ezekiel Kellogg Junr. Esquire, one of
the Justices of the Peace within & for said County of
Hampshire, rendered on the fifth day of October in the
year of our Lord one thousand eight hundred & three, by
which the said Orcutt was convicted of stealing an ax
helve, of the value of twenty five cents, and to enter his
said appeal at the Court of General Sessions of the Peace
next to be holden at Northampton within & for said
County of Hampshire on the fourth monday of August
next. February 23, 1804.

Chapter J 08.

RESOLVE APPOINTING A COMMITTEE TO ESTABLISH A PROPER
SYSTEM FOR THE GOVERNMENT OF THE STATE PRISON IN
CHARLESTOWN.

The Committee, appointed to take into consideration
that part of his Excelly's speech, which relates to the
assignment & regulation of the State Prison as a place for
the confinement of Convicts, ask leave to state, that upon
cncjuiry they find that the Prison will be finished for the
reception of prisoners in the Course of the Fall ensuing —
that it will be necessary, to establish & adopt a system or
form for its government, designating a variety of Officers,
such as Inspectors, Watchmen, Agents, Prison keepers,
Superintendents &c. &c. & also a set of rules & regula-
tions for their Conduct & management — also to revise
the criminal code of laws of this Commonwealth & make
them applicable to the system & establishment proposed
all which in the Opinion of your Committee will require
more time & deliberation, than can be given by a Com-

Kesolves, 1803. — January Session. 907

mittee during the Session — They therefore ask leave to
report the following resolution.

J. MASON Pr. Order.

Resolved, That the Hon. Samuel Sewall & Nathan Dane
Esqrs. be a Committee to take into consideration the sub-
ject of the State Prison at large, to establish a proper
system or form of Gover[?i]ment, with such rules & reg-
ulations for the management thereof as they shall think
most adviseable, also to revise the Criminal code of laws
of this Commonwealth, making them applicable (by alter-
ing the punishment at present affixed to the Commission
of Crimes) to the spirit & nature of the proposed estab-
lishment & to report their doings to the next session of
the General Court, & also that they lay before the Com-
mittee of accounts their demand for their services.

February 23, 1804.

Chapter 109.

RESOLVE APPOINTING THE HON. SALEM TOWN, ESQ., ONE
OF THE COMMISSIONERS TO ADJUST THE DIFFERENCES
BETWEEN THE SETTLERS OF CASTINE AND PENOBSCOT AND
THE PROPRIETORS OF SAID TOWNSHIP.

Whereas by a resolve of this Court })assed the twentieth
day of June last appointing the honble. John Chandler &
Samuel Thatcher Esquires, and Oliver Leonard Esq.,
Commissioners to adjust the difference between the settlers
of Castine and Penobscot, and the proprietors of said
township ; and the honble. Samuel Thatcher has declined
the said appointment :

Resolved, that the hon. Salem Town Esq., be and he
is hereby appointed a Commissioner, in the room of the
said Samuel Thatcher, who together with the said John
Chandler and Oliver Leonard Esqrs. shall be vested with
the same powers, as the said Commissioners in the resolve
aforesaid.

And it is further Resolved, that the said Commissioners,
shall make return of their doings, as soon as may be to
the Agents, appointed to complete the Contracts for the
sale of Eastern Lands. February 23, 1804.

908 Resolves, 1803. — January Session.

Chapter 110.

RESOLVE ON THE PETITION OF CHARLES HAMMOND AND
OTHERS, AUTHORIZING THE GOVERNOR, WITH THE ADVICE
OK COUNCIL, TO RAISE A COMPANY OF ARTILLERY IN THE
THIRD REGIMENT, FIRST BRIGADE, THIRD DIVISION OF
MILITIA.

Whereas it is the duty of an enlightened Legislature to
excite and encourage an ardent love of Country, a gener-
ous public spirit, and an elevated degree of military dis-
cipline among the Citizens, all which form the cheapest
and most efficient defence of the precious blessings of
Society :

And whereas Major John Butterick & Capt. Isaac Davis,
with a party of the armed yeomanry, did on the birth day of
our revolution attack and defeat a superior Number of the
Invaders of our Country, who were most advantageously
posted at the north Bridge of Concord ; In order there-
fore to cominemoiate and render honor to that action,
which led to the victory of the day, and to perpetuate the
Names of the gallant Butterick & Davis, (the latter of
whom fell in the action) the leaders of that little l)and,
and also to animate in future, the ardor and bravery of
the defenders of our Country :

J3e it Resolved, That the prayer of the Petition of Charles
Hammond and others be granted, and the Governor and
Council be, and they hereby are authorized to raise by
voluntary Inlistment a Company of Artillery within the
3d Regt. 1st Brigade and 3d Division, proyjcZecZ none of
the standing Companies in said Regt. shall be reduced to
a less number than sixty four privates, and that no men
shall be inlisted from the Troop of Cavalry, or Company
of Light Infantry, which are attached to said Regt., and
the Company when raised shall be attached to the Battal-
lion of Artillery in said Brigade.

That two brass Field Peices of artillery, with propper
ap[)aratus be attached to said Company, and that there be
I'ngraven on said peices of Artillery, " Concord Bridge
U)th April 1775," and also a short detail of the action,
with the names of Butterick & Davis, & that the Quarter
Master General be charged with the Execution thereof.

February 24, 1804.

Resolves, 1803. — January Session. 909

Chapter 111.

RESOLVE GRANTING HON. JOHN HOOKER, 60 DOLLARS AND
40 CENTS; HON. TIMOTHY BIGELOW, 136 DOLLARS AND 35
CENTS; GEORGE BLISS, ESQ. 112 DOLLARS AND 19 CENTS; FOR
THEIR SERVICES AS COMMISSIONERS FOR RUNNING THE
LINE BETWEEN THIS STATE AND CONNECTICUT.

Resolved, that there be paid out of the Public Treasury
of this Commonwealth, to the Honble. John Hooker Sixty
dolhirs & forty cents ; to the Honble. Timothy Biglow
One hundred & thirty six dollars & thirty five cents ; And
to George Bliss esqr. One hundred and Twelve dollars &
Nineteen cents, in full of the several ballances due to
them as Commissioners for their services and expences
and Monies paid out in running & establishing the line
between this Commonwealth and the State of Connecticutt.

February 24, 1804.

Chapter 112.

RESOLVE GRANTING 225 DOLLARS TO JACOB KUHN, TO PUR-
CHASE FIRE BUCKETS, &c.

Resolved, that there be paid out of the Treasury of this
Commonwealth to Jacob Kuhn, Messenger of the General
Court, two hundred and twenty five dollars, to pay for
the Buckets & Bags ordered to be procured, by a Resolve
passed the eighth instant, he to be accountable for the ex-
penditure of the same. February 24, 1804.

Chapter 113.

RESOLVE REQUESTING HIS EXCELLENCY TO RETURN LEVI
KONKAPOT TO HIS FAMILY AND TRIBE.

Whereas, the Legislature by a Resolve, passed January
23d, 1798, made provision for the education of Levi
Kcnkapot, a youth of the Stockbridge tribe of Oneida
Indians, with a view to (jualify him, for dissemenating the
rudiments of useful knowledge among the Indians who
reside in or near this Commonwealth :

And whereas the time allowed for the education of the
said Levi Kenkapot, is expired, Theretorc

Resolved, that his P^xcellency the Governor, be & he is
hereby requested, in such way & manner as he may deem
proper, to return the said Levi to the family & tril)e, to

910 Eesolves, 1803. — January Session.

which he belongs, in tlie State of New York, & that the
necessary expence attending the same be paid out of the
Treasury of this Commonwealth. February 24, 1804.

Chapter 114.

RESOLVE ON THE PETITION OF THE PRESIDENT AND DIRECTORS
OF THE BOSTON BANK, EMPOWERING THE TREASURER TO
DEPOSIT MONIES RECEIVED PROPORTIONATELY BETWEEN
THE BOSTON BANK AND THE UNION BANK.

Whereas the President and Directors of the Boston
Bank have petitioned that the Treasurer of the Common-
wealth be empowered and directed to deposit the monies
which he may from time to time receive in the Union
Bank and the Boston Bank in the proportions in which
the Commonwealth is interested in said Banks respec-
tively :

Besolved, that the said treasurer be & he is hereby em-
powered & Directed to deposit the monies which he may
hereafter receive six tenth parts thereof in the Boston
Bank and four tenth parts thereof in the Union Bank untill
the further order of the General Court.

February 25, 1804.

Chapter 115.

RESOLVE ON THE PETITION OF ROBERT GOULD SHAW.

Whereas William Shaw deed. Administrator de Bonis
Non on the Estate of Francis Shaw deed, was authorized
by the Justices of the Supreme Judicial Court, holden at
Boston within the County of Suffolk on the last Tuesday
of February a.d. 1803 by adjournment to sell and pass
deeds to convey the whole of said Francis Shaw's real
Estate and whereas the said William Shaw, in his said
capacity, did, in pursuance of said authority, make sale
of said real Estate in the manner prescribed by Law but
was prevented by death from executing the deeds neces-
sary to pass the said real Estate to the purchasers under
such sales, — therefore

Resolved, That Robert Gould Shaw administrator de
Bonis Non on the Estate of said Francis Shaw, be and he
hereby is authorized and impowered, on payment of the
purchase money to make good and sufficient deeds to such
person or persons as have purchased real estate belonging
to the estate of said Francis in the same manner as the
said William, in his said capacity might and ought to

Resolves, 1803. — January Session. 911

have done under and by virtue of the authority and sales
aforesaid.

The said Robert Gould Shaw in his said capacity, being
accountable to the Judge of Probate for the County of
Suffolk for the monies he shall receive for said real Estate
in the same way and manner as the said William in his
said capacity Avould have been. February 25, 1804.

Chapter 116.

RESOLVE EMPOWERING THE COMMITTEE ON ACCOUNTS TO
MAKE ALLOWANCES TO BENJAMIN FAIRBANKS AND OTHERS.

On the Petition of Benjamin Fairl)anks a Lieut, in be-
half of himself two Searjts. one Drumr. one Fifr. & twenty
four Rank & File Composing a Guard for two days at the
Court-martial at Dedham in June last.

Resolved, that the Committee on accts. be &they hereby
are empowerd. to allow such Pay & Rations as has been
allowd. for like Services. February 25, 1804.

Chapter 117.

RESOLVE ON THE PETITION OF WILLIAM PARSONS, DIRECTING
THE SOLICITOR-GENERAL TO INSTITUTE AN INQUEST OF
OFFICE AGAINST CERTAIN PERSONS MENTIONED.

On the Petition of William Parsons Setting forth that
he had purchased of this Commonwealth certain lands
lying in Lyman (formerly Coxhall) in the County of York,
heing two lots & that Nehemiah Gray George Huntriss,
-Joseph Roberts, John Downs, Peter Cordi, Boanerges
Fluent, Gershara Downs, Alexander Grant, Phineas
Ricker & John Andros are in possession of said Lots, &
praying that he may be permitted to recover possession
of said Lots in the name of the Commonwealth, report the
following Resolve.

JONA. MAYNARD pr. order.

Resolved, for reasons set forth in said Petition that the
Solicitor General be &, he is hereby directed to institute
an Inquest of Office at the expence of said William Par-
sons in the Name & behalf of this Commonwealth, against
Nehemiah Gray, Peter Cordi, Boanerges Fluent, Alexan-
der Grant, Phineas Ricker & John Andros, being six of
the persons named in said Petition, for the recovery of so
much of said Lots as are in their possession & that the
said Commonwealth may be reseized thereof, as soon as
may be. February 27, 1804.

912 Resolves, 1803. — January Session.

Chapter 118.

RESOLVE DIRECTING THE SECRETARY TO DELIVER TO THE
TOWN OF LEYDEN ONE SET OF MAPS.

Whereas the Town of Leyden in the County of Hamp-
shire have not receive! the sett of maps of the Territory of
Massachusetts to which they were entitled by a Resolve
of March 6th, 1801, it having been either stolen or mis-
laid before said Town came into possession of said map :
Therefore

-Resolved, That the Secretary of the Commonwealth,
be, and he hereby is directed to cause one sett of the Maps
of said Commonwealth to be delivered to the Town of
Leyden, there having been one delivered Notwithwtand-
iog. February 27, 1804.

Chapter 119.

RESOLVE ON THE PETITION OF ABIJAH RICHARDSON AND
THOMAS SMITH.

On the petition of Abijah Richardson & Thomas Smith
praying for relief against a recognizance wherein the said
Richardson & Smith were severally bound in the sum of
five hundred dollars for the appearance of Moses Nathan
at the Supremo Judicial Court in the County of Cumber-
land.

Resolved, for reasons set forth in said petition that four
hundred dollars of the said five hundred dollars be, & the
same are hereby released & remitted to each of the said
petitioners their heirs executors & administrators, they
paying each one hundred dollars & costs.

Fehrimry 27, 1804.

Chapter 130.

RESOLVE ABATING PART OF THE VALUATION AND STATE
TAX FOR ANSON.

On the Petition of the Selectmen of the town of Anson,
in the County of Kennebec.

Whereas it appears on examination that said town of
Anson, has by mistake been overcharged in the last State
valuation, for seventy seven Polls, fifteen Cents, four
mills, and on their Estates also, an overcharge of six

Resolves, 1803. — January Session. 913

Cents, six mills, making in the whole twenty two Cents :
Therefore

Be it Resolved, that said town of Anson, in the County
of Kennebec, be and hereby is abated, twenty two Cents
of the fifty nine Cents, charged to said Town, in the State
valuation of the fifth of March, One thousand, eight hun-
dred and two — and that in future the State valuation of
said Town of Anson stand at thirty seven Cents.

And be it further liesolved, that the Treasurer of this
Commonwealth, be and he is hereby directed to abate
said Town of Anson, the sum of twenty nine Dollars,
thirty three Cents, in part of their State tax, for the year.
One thousand, eight hundred and two ; and also a like
sum of twenty nine Dollars, thirty three Cents, in part of
their State tax, for the year. One thousand eight hundred
and three. February 27, 1804.

Chapter 131.

RESOLVE ALLOWING ACCOUNTS OF COUNTY TREASURERS AND
GRANTING TAXES.

Whereas the Treasurers of the following Counties, have
laid their accounts before the General Court for examina-
tion, which accounts have been examined and allowed :
And Whereas the Clerks of the Courts of General Sessions
of the PeacB for the said Counties, have exhibited esti-
mates, made by the said Courts of General Sessions
of the Peace, of the necessary charges, likely to arise,
within the said several Counties, for the year ensuing,
and of the sums necessary to discharge the debts of the
said Counties :

Resolved, that the sums annexed to the Counties, con-
tained in the following Schedule, be, and the same are
hereby granted as a Tax for each County respectively,
to 1)e apportioned, assessed, paid, collected, and applied,
for the purposes aforesaid, according to Law.

Suffolk, Twelve thousand Dollars, 12,000 00

Essex, Ten thousand five hundred Dollars, . . . 10,500 00

Ilamijshire, Two thousand Dollars, 2,000 00

Barnstable, One thousand one hundred & fifty Dollars, . 1,150 00

Worcester, Five thousand five hundred Dollai's, . . '5,500 00

Berkshire, One thousand six hundred Dollars, . . . 1,000 00
Norfolk, Four thousand & fourteen Dollars & forty-two

Cents, 4,014 42

York, Four thousand Dollars, 4,000 00

Cumberland, Seven thousand Dollai's, .... 7,000 00

914 Resolves, 1803. — January Session.

Lincoln, Six thousand two hundred & eighty three Dolhirs

& seventy nine cents, 6,283 79

Kennebeck, Tliree thousand eight Hundred & eighty one

Dollars & fourteen Cents, 3,881 14

Washington, One thousand three hundred sixty seven
Dollars & forty nine Cents, 1,367 49

February 27, 1804.
Chapter 133.

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE TOWN
OF ALBANY, CONFIRMING THE PROCEEDINGS OF SAID TOWN,
SO FAR AS RELATES TO THE AUTHORITY OF EBER RICE,
ESQ. TO ISSUE HIS WARRANT FOR CALLING THE FIRST
MEETING OF SAID TOWN.

On the petition of the Selectmen of the town of Albany
in the County of York, stating that in the Act of Incor-
poration of the said town, Ezekiel Merril Esq. of Water-
ford was directed to issue his warrant for calling the first
meeting, to organize the said town, in the choice of its
Officers, but it appears that said Merrill did not live in
said Waterford, and Eber Rice Esq. of Waterford, was
applied to for the same purpose, and did issue his war-
rant accordingly, but doubts have arisen whether the pro-
ceedings on the said warrant are strictly legal.

Resolved, that the proceedings of the said town of Albany
at said meeting be and hereby are confirmed & made valid
to all intents and purposes so far as relates to the author-
ity of the said Eber Kice Esquire to issue his warrant for
calling the said first meeting of said Town of Albany.

February 29, 1804.

Chapter 133.

RESOLVE MAKING ALLOWANCE TO AMASA DAVIS, QUARTER
MASTER GENERAL.

Resolved, that Amasa Davis, Esq. the Quarter master
General, be and he hereby is, discharged from the sum of
sixteen Thousand, eight hundred, ninety one Dollars, and
seventy four Cents, which he has expended out of the
sums with which he stands charged ; and that there be
allowed and paid out of the Treasury, to the said Amasa
Davis Esqr. the sum of Nine thousand four hundred
ninety one Dollars, and seventy four Cents (which with
the sum of five Inmdred, eight dollars and twenty six
Cents, now in his hands will amount to Ten Thousand

Resolves, 1803. — January Session. 915

Dollars) for defraying the charges and expences of the
Quarter Master Generals department the current year,
he to be accountable for the same. February 29, 1804.

Chapter 134.

RESOLVE ALLOWING THE ACCOUNTS OF THE GUARDIANS OF
THE GRAFTON INDIANS.

Whereas it appears by examining the accounts presented
by the Guardians to the Grafton Indians, from January
30th, 1796, to January the 12th, 1804, that the articles
are reasonably charged, and the sums well vouched and
right cast, and that there is a ballance in favour of said
Indians, to the sum of two thousand three hundred and
forty seven dollars and thirty three cents and live mills
to account for hereafter :

Resolved, that the said accounts, be accepted and allowed,
and that the said Guardians stand charged with the said
sum of two thousand three hundred forty seven dollars
and thirty three cents and five mills, to account for here-
after. February 29, 1804.

Chapter 125.

RESOLVE GRANTING AN ADDITION TO THE SALARIES OF THE
JUDGES OF THE SUPREME JUDICIAL COURT FOR THREE
YEARS FROM JANUARY 1st, 1804.

Whereas the Salaries established by Law, for the
Justices of the Supreme Judicial Court, are insufficient,
for their honorable support at the present time :

Resolved, that for the ensuing three years, commencing
on the first day of January last, there shall be allowed &
paid to each of the Justices of the Supreme Judicial
Court, at the rate of Eight hundred Dollars for each year,
in addition to his present Salary, as estal)lished by Law,
and payable therewith. March 1, 1804.

Chapter 126.

RESOLVE ON THE PETITION OF WILLIAM BRADBURY AND
OTHERS, AGENTS OF THE TOWN OF CHESTERVILLE, DI-
RECTING THAT A SURVEY BE MADE OF THE GORE OF
LAND MENTIONED.

On the petition of William Bradbury and others. Agents
of the Town of Chesterville, i)raying for a grant of a Gore
of land lying in said Town for the use of Schooling.

916 Resolves, 1803. — January Session.

Resolved^ that John Read & Peleg Coffin Esqrs. Agents
for the Commonwealths Lands in the District of Maine
be & hereby are directed to cause a survey to be made of
said Gore of Land and make report of the Quantity,
quality and value thereof, to some Session of the next
General Court as soon as may be after such survey shall
be made. March 1, 1804.

Chapter 121,

RESOLVE RESPECTING CERTAIN CONTRACTS FOR EASTERN

LANDS.

Whereas notwithstanding the past indulgence of Govern-
ment & the explicit declaration contained in the resolve
of the twenty second day of June last respecting certain
Contracts therein specitied, numerous applications have
l)een made to the legislature, for a further time to be
allowed for the persons concerned in said Contracts to
fultiU the same, in order therefore to foreclose the con-
cerned from any future applications :

Resolved, That provided the l^allances due on the Con-
tracts mentioned in said Resolve of the 22nd day of June
last are paid to the Treasurer on or before the fifteenth
day of May next, such contracts shall not be annulled &
made void, but that delay of payment thereof after said
fifteenth day of May shall operate all the forfeitures &
disabilities expressed in the Resolve aforesaid.

March 1, 1804.

Chapter 128.

RESOLVE ON THE PETITION OF SMITH BAKER, IN BEHALF OF
THE INHABITANTS OF BOWDOIN, DIRECTING THE APPRO-
PRIATION OF A FINE LAID ON SAID TOWN.

On the petition of Smith Baker in behalf of the Town
of Bowdoin praying that, a fine assessed upon them by
order of the Supreme Judicial Court holden at Wiscasset
in & for the County of Lincoln at their June Term last,
for their neglecting to keep in repair the public highway
leading through said Town, may be permitted to lay out
the above mentioned fine upon the road aforesaid.

Resolved, That for reasons set forth in said petition,
that the prayer thereof be granted, and that said Fine
amounting to Fifty Dollars be paid into the treasury of

Kesolves, 1803. — January Session. 917

said Town, and, that the Selectmen of said Town who
shall be chozen in the month of March or April next, are
hereby authorized & required to receive said sum & direct
& require the surveyor or surveyors of said town, to ex-
pend & lay out the same on the public highway in said
Town on or before the first day of July next.

March 1, 1S04.

Chapter 139.

RESOLVE DEDUCTING SIXTEEN CENTS FROM THE SIJM CHARGED
TO THE TOWN OF HAWLEY IN THE STATE VALUATION AND
ADDING THE SAME TO THE DISTRICT OF PLAINFIELD.

Whereas it appears to this court by the representation
of the Assessors of the Town of Hawley and district of
Plainfield that since the adoption of the last Valuation
the Southerly part of the Town of Hawley in the county
of Hampshire has been Set off to the district of Plainfield
in said County, and that the Assessors aforesaid have
agreed that Sixteen cents be transfered from the Valua-
tion of Hawley and annexed to the district of Plainfield :
Therefore

Resolved, that the sum of Sixteen cents be, and hereby
is deducted from the sum now Charged to said town of
Hawley, and that the same, be added to the valuation of
the district of Plainfield. March 2, 1804.

Chapter 130.

RESOLVE DIRECTING THE SOLICITOR GENERAL TO PROSECUTE
THE SHERIFF OF CUMBERLAND COUNTY FOR NEGLECTING
TO MAKE RETURN OF THE VOTE OF THE TOWN OF MINOT
FOR GOVERNOR, LIEUTENANT-GOVERNOR, COUNSELLORS,
AND SENATORS.

liesolved, that the Solicitor General, be, and he hereby
is directed to prosecute the Sherift' of the County of
Cumberland for neo:lectinff to make due return to the
Secretary's Office, of the votes for the town of Minot in
said County given on the first Monday of April last, for
Governor, Lieutenant Governor Counsellors and Senators ;
And that the Secretary cause this Resolve to be published
in the several News-papers, Avherein the Acts of this Com-
monwealth are published. March 2, 1804.

918 Resolves, 1803. — January Session.

Chapter 131.

RESOLVE ON THE PETITION OF AMMI R. MITCHELL AND OTHERS,
AUTHORIZING THE GOVERNOR, WITH ADVICE OF THE
COUNCIL, TO ESTABLISH A TROOP OF CAVALRY, IN THE
SECOND REGIMENT, SECOND BRIGADE, SIXTH DIVISION OF
THE MILITIA.

On the Petition of Ammi R. Mitchell & others, pray-
ing for the establishment of a Troop of Cavalry in the
2d Regt. 2d Brigade, & 6th Division of the Militia of
this Commonwealth.

Resolved, that the Governor, with the advice of Council,
be authorized to establish a Troop of Cavalry, within the
limits of the said 2d Regt. 2d Brigade & 6 Division,
provided no Company from which the men shall be in-
listed, shall be reduced to a less number than sixty four
privates, and the Troop when formed, shall be annexed
to the Squadron of Cavalry in sd. Brigade.

March 2, 1804.

Chapter 133.

RESOLVE AUTHORIZING THE GOVERNOR AND COUNCIL, FROM
TIME TO TIME, TO DIRECT KEEPERS OF PUBLIC POWDER
HOUSES TO MAKE REPAIRS, &c. AND TO APPROVE THEIR
ACCOUNTS.

On the representation of John Read Jun. Keeper of
the Public Powder House on Pine Island in Roxbury.

Resolved, that the Governor & Council be and they
hereby are authorised and empowered from time to time
to direct the Keepers of the Public Powder Houses to
make such repairs and improvements on the same and the
land thereto belonging and to provide such utencils as
they shall think necessary to the Public Safety and the
accommodation of the Citizens and the Governor & Council
are hereby authorised to liquidate and allow the accounts
for such Repairs & Improvnients as have been, or shall
hereafter be, made, by their direction and give a warrant
on the Treasury for the amount. March 2, 1804.

Chapter 133.

REPORT OF THE COMMITTTEE ON THE SUBJECT OF CONFIS-
CATED ESTATES AND ORDER THEREON.

The Committee of both Houses, to whom were re-
ferred the Petitions of Stephen Lyman, Johnson Lynde,

Eesolves, 1803. — January Session. 919

Ephraim Bruce & Jonathan Ware, praying for the inter-
position of the Legislature relative to certain suits com-
menced against them, respectively by the Administrators
of John Murray, late of St. Johns, in the province of
New-Brunswick, formerly of Eutland, in the County of
Worcester, Esquire, deceased,

Report, That they find there are in the Circuit Court
of the United States, within & for the District of Massa-
chusetts, several actions of Debt on Bonds & ejectment
on mortgages, in favor of the Representatives of said
Murray against the said Petitioners ; which Bonds and
mortgages were given to said Murray, before the 30th of
April A. D. 1779. On the said 30th day of April, a
Statute was passed by the Legislature of the State, now
Commonwealth of Massachusetts, entitled "An act to
confiscate the estates of certain notorious Conspirators
against the Government & Liberties of the Inhabitants of
the late Province, now State of Massachusetts Bay ; " in
and by which Act it was, among other things, declared
that the said John Murray, with other persons therein
named, had wickedly conspired to overthrow and destroy
the Constitution of Government of the then late Province
of Massachusetts Bay, & also to reduce the Lihabitants
of the said Province, then State of Massachusetts-Bay,
under the absolute power of the then King & Parliament
of Great-Britain, and as far as in him lay, had aided and
assisted the said King &, Parliament, to establish a des-
potic Government over the said Inhabitants ; and in &
by said act, it was, among other things, enacted and
declared, that the said John Muriay had justly incurred
the forfeiture of all his property, rights & liberties holden
under and derived from the Government and laws of the
same State, and that he should be deemed and adjudged
to have renounced and lost all civil and political relation
to the said State and the United States ; and that all the
goods and chattels, rights & credits, lands, tenements,
& hereditaments, of every kind, of which the said John
Murray was seized & possessed, or was entitled to pos-
sess, hold, enjoy or demand, in his own right, or which
any other person stood seized or possessed of, or was
entitled to have or demand, to or for the use, benefit or
behoof of the said John Murray, should escheat, enure,
and accrue to the sole use and benefit of the Government
& People of said State of Massachusetts-Bay ; and in &

920 Resolves, 1803. — January Session.

by said act, it was declared, that they did so escheat,
enure, & accrue to the said Government &> people ; and
that the said Government & People should be taken,
deemed & adjudged to be, & in & by said act, they were
accordingly declared to be in the real & actual possession
of all the goods & chattels, rights and credits, lands,
tenements & hereditaments of the said John Murray,
without further enquiry, adjudication or determination
thereafter to be had upon the same.

At the time of passing this act, which was before the
adoption of the Constitution of this Commonwealth, and
also before the conclusive ratification of the Articles of
Confederation of the United States, but after the Decla-
ration of Independence, the State of Massachusetts was,
in fact and of right, as free, sovereign and independent, as
any Kingdom, State or Nation on Earth. And although,
for the exercise of such actual and rightful sovereignty,
in this or any other act of Government, the State was not
amenal)le to any other human tribunal ; yet this Statute
was in conformity to the laws and usages of nations, par-
ticularly of that nation, from which we were severed by
the American Revolution. Had the Revolution been de-
feated, by the arms of the British troops, assisted by
conspirators among ourselves, there is good reason to
believe our revolutionary patriots and heroes would have
been subjected to Attainder & Confiscation. Their fort-
unes, their liberties and lives, the cause of their Country
and posterity, were all staked upon the issue of their
enterprize. As one of the necessary means of establish-
ing our national Independence and Government, in the
Judgment of those whose duty & right it was to Judge,
this Statute of Confiscation was passed. It was not pro-
hibited by any Constitutional restriction. It was author-
ized by the laws of nations. It was required by strong
necessity, for the purpose of self preservation. It was,
in short, a revolutionary measure, justified by the occa-
sion, and not to be judged of by the maxims of ordinary
times. In its nature and operation it was an act of At-
tainder and Confiscation. It attainted the said Murray,
among other conspirators, of an aggravated oftence therein
described, and, as a punishment therefor, sentenced him to
a forfeiture of all his estate. The confiscation was exe-
cuted and completed by the act itself, without any further
process or adjudication. Its immediate eifect was to vest

Kesolves, 1803. — Januahy Session. 921

the State with all his real and personal estate, including
rights and credits. The property of the bonds and mort-
gages, on which the suits are now commenced against the
Petitioners, and all right to actions thereon, were imme-
diately vested in the State, which thereby became the
legal assignee of the said Murray, as actually & eflect-
ually as if those rights and credits had been of an assign-
able nature, and then voluntarily assigned by him to the
State. He thereupon ceased to be the Creditor of the
Petitioners. They were no longer his debtors, by virtue
of their said bonds & mortgages, but from that moment
were respectively the debtors of the State. In pursuance
of this lawful transfer of his confiscated property to the
State, the sums then due from them, on these particular
demands, have since been collected, in behalf of the State.
It is true, the public treasury received comparitively very
inconsiderable supplies from all such confiscations ; yet,
including the interest on debts collected, and the increased
value of estates sold, under this act, a reimbursement, be-
sides reflecting a censure on the Revolution, would now
require a tax of many millions of dollars. It is under-
stood that the conspirators, whose estates were thus con-
fiscated, were indemnified by the British Government,
to whose fortunes they attached themselves ; but, if not,
they are by no means entitled to an indemnification from
this Commonwealth, against whose very existence they
so wickedly conspired. The Statute against them has not
been repealed. It has indeed been contended that the. 4th
article of the Treaty of Peace, of Septr. 3rd, 1783, between
the United States and his Britannic Majesty, by which it
was agreed, that creditors on either side should meet with
no lawful impediment to the recovery of the full value
in Sterling money of all bona fide debts theretofore con-
tracted, divested the Commonwealth of all its right &
title to these confiscated choses in action, & restored
the same to the original creditors. But such a construc-
tion of the treaty is inadmissable. Statutes authorizing
payment in paper money, tender of specific articles, in-
stallments & suspensions, and all lawful impediments to
the recovery of existing debts, which had theretofore
been contracted, were removed by the treaty. Of that
description were the acts of Sequestration, which had
been i)assed by several States. An act of the State of
Virginia, and another act of the State of Georgia, were

922 Resolves, 1803. — January Session.

thus considered by the Supreme Court of the United
States. But an absolute executed Confiscation, not being
an impediment to the recovery of any debt due to the
person thereby attainted and sentenced^ in whose favor
no such debt remained, was not reversed by the Treaty.
Such has been the solemn determination of the Supreme
Judicial Court of this Commonwealth ; and such also was
the concurrent adjudication of the Circuit Court of the
United States, holden at Boston, within and for the Dis-
trict of Massachusetts, in June 1791, in an action com-
menced by the sd. Murray, in his life time, against
William Marean, of Hubbardstown, in the County of
Worcester, on a bond dated the 5th March, 1773. In
that action the confiscation of all the said Murray's rights
and credits and other estate, by the statute aforesaid, was
pleaded in bar ; and, upon demurrer, after solemn argu-
ment. Chief Justice Jay (who had himself been a nego-
ciator of the Treaty of Peace) Judge Cushing, and Judge
Lowell unanimously adjudged that it was a good & suf-
ficient plea. A late decision of two Judges of the Circuit
Court to the contrary is presumed to have been not well
considered, and by no means conclusive. The Com-
monwealth of Massachusetts cannot, without their own
consent, be deprived of the property assigned to, and ab-
solutely vested in them, by the aforesaid act of confisca-
tion ; & neither justice nor sound policy requires such a
sacrifice.

Upon the whole view of the subject, the committee are
decidedly of opinion, that the Legislature ought not to
take any order, in behalf of the said Petitioners, relative
to the actions now pending against them ; and therefore
reconnnend that the said petitioners have leave to with-
draw their respective petitions.
Which is submitted.

B. BID WELL, ^er order.

Read.& accepted, & ordered that the same be pub-
lished in the News- papers in which the laws of the Com-
monwealth are published, for the information of the
Petitioners and all parties concerned. March 5, 1804.

Resolves, 1803. — January Session. 923

Chapter 134.

RESOLVE GRANTING 1000 DOLLARS TO THE SOCIETY FOR PROP-
AGATING THE GOSPEL AMONG THE INDIANS.

Resolved, that there be granted and paid to the Society
for propagating the Gospel among the Indians and others
in North America, out of the Treasury of tliis Common-
wealth, the sum of One Thousand Dollars.

March 5, 1S04.

Chapter 135.

RESOLVE ON THE PETITION OF HENRY M. LISLE AND OTHERS,
A COMMITTEE OF THE TOWN OF MILTON, DECLARING VALID
CERTAIN ASSESSMENTS.

On the petition of Henry M. Lisle & others, a Commit-
tee of the town of Milton, in the County of Norfolk, set-
ting forth that the Assessors of the said town of Milton,
have heretofore assessed the State, County, & town taxes,
in one general assessment, without distinguishing, the
diflerent species of taxes, and setting forth also, that
doubts have arisen, respecting the legality of said Assess-
ments, and praying relief in the premises.

Resolved, that the several taxes aforesaid, assessed as
aforesaid, be and the same are hereby ratified and declaied
as valid & legal as if the same had been assessed in sep-
erate & distinct assessments. March 5, 1804.

Chapter 136.

RESOLVE ON THE PETITION OF THE FIRST PARISH IN NEWBURY,
CONFIRMING THE DOINGS OF THE ASSESSORS.

On the Petition of the Inhabitants of the first Parish in
Newbury, setting forth that their Parish Taxes — assessed
in the year 1801 — are deemed illegal, l)eiug laid & assessed
by two Assessors only, a third assessor not being Sworn,
did not assist in assesing said Taxes.

Resolved, that the doings of said two Assessors, and
said Parish Taxes by them made as aforesaid, be and
hereby are confirmed & rendered valid, as tho' the same
had been laid & assessed by all the Assessors, any irreg-
ularity or informality notwithstanding — And that any
collector or collectors, who is or hereafter may be chosen
in said Parish is hereby Authorised & impowered to col-

924 Resolves, 1803. — January Session.

lect said Taxes in the same manner as other parish taxes
are collected, and any warrant made & Signed, by said
Assessors — authorising & impowering, said Collector or
collectors to collect Said Taxes, shall he good & valid to
all intents & purposes, notwithstanding — the same may
be made & Signed by two Assessors only — any Law to
the contrary notwithstanding. March 5, 1804.

Chapter 137.

RESOLVE ON THE PETITION OF JOSEPH ROWLING AND OTHERS,
A COMMITTEE OF THE SECOND PARISH IN NEWBURY, CON-
FIRMING THE DOINGS OF THE ASSESSORS.

On the Petition of Joseph Eowling & others aCommit-
tee in behalf of the second parish in Newbury, seting
forth, that their parish Tax[es] assessed in the year 1802
are deemed illegal, being laid, & assessed by two Assessors
only — there being a third chosen who was not Sworn —
& did not assist in assesing said Taxes.

Resolved, that the doings of said two Assessors, and
said parish taxes by them made as aforesaid, be and
hereby are confirmed & rendered as valid, as tho' the
same had been laid & assessed by all the assessors, any
irregularity, or informality notwithstanding. — And that
any collector or collectors, who is or hereafter may be
chosen in said parish be & hereby are authorised & im-
powered to collect said taxes, in the same manner as
other parish taxes are collected — and any Warrant, made
& Signed by said two Assessors Authorising & impowering
said Collector or Collectors, to collect said Taxes, shall
bo good & valid to all intents & purposes ; notwithstandg.
the same may be made & signed by two assessors only,
any Law to the contrary notwithstanding.

^ March 5, 1804.

Chapter 138.

RESOLVE ON THE PETITION OF THOMAS OLIVER LARKIN, AND
OTHERS AUTHORIZING THE GOVERNOR, WITH ADVICE OF THE
COUNCIL. TO RAISE A COMPANY OF LIGHT INFANTRY IN THE
FIRST REGIMENT, FIRST BRIGADE, AND THIRD DIVISION OF
THE MILITIA.

On the Petition of Thomas Oliver Larkin, and others,
praying for leave to raise a Company of light Infantry, in
the Town of Charleston, in the 1st Ilegt. Ist Brigade, &
3d division of the Militia of this Commonwealth.

Resolves, 1803. — January Session. 925

Resolved, That his Excellency the Governor, with ad-
vice of Council, be, and hereby is authorized to raise a
Company of light Infantry, in the said Town of Charles-
ton, by voluntary enlistment to be attached to the afore-
said first Eegement, and subject to all the rules, and
regulations, that are or may be by law provided, for the
Gover[?i]ment of the Militia, within this Commonwealth.
Provided the standing Companies in said Town of Charles-
ton shall not be reduced below the number of Sixty four
privates. March 5, 1804.

Chapter 139.

RESOLVE ON THE PETITION OF ROBERT GOULD SHAW, AUTHOR-
IZING HIM TO SELL THE ESTATE MENTIONED AT PRIVATE
SALE.

On the Petition of Robert Gould Shaw of Boston, ad-
ministrator de bonis non of the estate of Francis Shaw
Esqr. late of Boston, deceased, intestate.

Resolved, for reasons set forth in said Petition, that the
said Ro])ert Gould Shaw, administrator as aforesaid, be
and he is hereby authorized to sell, by private sale, and
ccmvey by deed, his said intestate's right and title to cer-
tain lands on Sheepscot River, in the County of Lincoln,
formerly claimed as the property of Nathaniel Draper,
commonly called Draper's claim, to any person or persons
or corporation capable of purchasing land. Provided the
said Administrator shall first give bond, with sufiicient
surety or sureties, to the Judge of Probate, for the County
of Suflblk, conditioned that he will account for the pro-
ceeds of such sale to the creditors or heirs of said in-
testate. A7id Provided, that neither this Resolve, nor
any sale in pursuance of it, shall be construed to confirm
the said claim of title called Draper's claim, or to aftect
any claim whatever to said land. March 5, 1S04.

Chapter 140.

RESOLVE ON THE PETITION OF NATHANIEL AUSTEN, JUN. AND
OTHERS, AUTHORIZING THE GOVERNOR, WITH ADVICE OF
COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY IN
THE FIRST REGIMENT, FIRST BRIGADE, THIRD DIVISION OF
THE MILITIA.

On the Petition of Nathaniel Austen Junr. and others,
praying for leave to raise a Company of light Infantry, in

926 Resolves, 1803. — January Session.

the town of Charleston, in the first Regement first Brigade
and third division of the Militia.

Resolved, That his Excellency the Governor, with ad-
vice of Council, be, and hereby is authorised to raise a
Company of light Infantry, in the Said Town of Charles-
ton, by voluntary inlistment to be attached to the aforesaid
first Regiment, & Subject to all the rules, and regulations,
that are or may be by law provided, for the gover[??,]-
mcnt of the Militia, within this Commonwealth. Provided
the Standing Companies in Said Town of Charleston Shall
not be reduced below the number of Sixty four privates.

March 5, 1804.

Chapter 141.

RESOLVE ON THE PETITION OF ROBERT HEVVES, ESTABLISHING
A UNIFORM SYSTEM OF REVIEW AND EXERCISE FOR CAV-
ALRY THROUGHOUT THE COMMONWEALTH AND PROVIDING
FOR THE DISTRIBUTION OF BOOKS OF INSTRUCTION.

Whereas, there is no regular System established by the
Laws of the United States or of this Commonwealth for
the Excercise of the Cavalry, and it appearing that a Uni-
form System of Review and Sword Excercise would greatly
tend to render that part of the Militia more respectable,
and Whereas Robert Hewes of Boston hath Petitioned this
Court that a System of Excercise contained in a Book In-
titlcd " Rules and Regulations for the Sword excercise of
the Cavalry to which is added the review Excercise " which
Book he claims as being the Publisher may be established :
Therefore

Resolved, that the same be and it is hereby estaljlished
as the Uniform Excercise of the Cavalry of this Common-
wealth and to so continue untill the same shall be super-
ceeded by a Law of the United States —

and it is further Resolved, that there shall be furnished
by the Gover[7i]ment to Each commanding Ofiicer of a
Company of Cavalry & to each Field Officer commanding
Squadrons of Cavalry, and to Each Major General, in
this Commonwealth, one Book containing the System of
Excercise as aforesaid, said Books to be transfered to their
Successors from time to time as they shall retire from
Office — And that the Governor be requested to give the
necessary orders for purchasing & distributing the Books,
& that the money necessary for the same be paid out of
the Treasury of this Commonwealth. March 5, 1804.

Eesolves, 1803. — January Session. 927

Chapter 143.

RESOLVE ON THE PETITION OF PHILIP DRAPER, DIRECTING
THE TREASURER TO ISSUE A NEW NOTE.

On the petition of Philip Draper, praying that the
Treasurer of this Common wealth, may be authorized to
issue a new State Note, to replace one which has been
lost by him.

Resolved, for reasons set forth in said petition, that the
Treasurer of this Common wealth be, and he hereby is
directed to issue to the said Philip Draper, a new State
Note, in the name of Mehitible Draper for one hundred
& ninety seven dollars, & thirteen cents — to bear date
and numl)er with that which has been represented to have
been lost by him — and on which, to make such an endors-
ment for Interest as has been paid thereon — said Philip
Draper first giving Bond, with a sufficient surety, or
surties, to the Treasurer aforesaid, payable to him and
his successors in that office, to indemnify this Common
wealth from any damages and Costs, which may arise
from the renewal of said Note. March 6, 1804.

Chapter 143.

RESOLVE APPOINTING THE HON. PELEG COFFIN AND JOHN
COFFIN JONES, ESQRS. TO ADJUST THE TREASURER'S AC-
COUNTS.

Resolved, that the Honble. Peleg Coffin, and John C.
Jones, Esquires, be a Committee to examine and adjust
the accounts of Jonathan Jackson, Esq. Treasurer of the
Commonwealth, from the fourth day of June, one thousand,
eight hundred and two to June the thirtieth, One thousand
eight hundred and three, inclusive. And the said Com-
mittee are directed and empowered to deface all notes &
due bills. Orders and other obligations, 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 proceed-
ings at the first Session of the next General Court.

March 6, 1804.

928 Kesolves, 1803. — January Session.

Chapter 144.

RESOLVE ON THE PETITION OF DEAN BRIGGS AND OTHERS,
APPOINTING MR. JOHN TINKHAM A TRUSTEE OF THE PROP-
ERTY OF BENJAMIN SIMON AND WILLIAM SIMON, TWO OF
THE PLYMOUTH INDIANS.

On the petition of Dean Briggs and others, shewing
that Benjamin Simon, and William Simon, two of the
Plymouth Indians, have been deprived of their lands, by
an improper levy of an Execution thereon, and praying
a remedy in this behalf.

Resolved^ for the reasons set forth in their petition
that Mr. John Tinkham be and he is hereby appointed a
Trustee of the property of the said Benjamin Simon &
William Simon, with full power and authority, to demand
and receive any property justly due to said Indians, and
to institute and carry on, in his own name and Capacity
of Trustee any action, or actions for the recovery thereof,
as well as for any diseisins, illegal entries, or Trespasses
which have been, or may be, made or committed on their
lands, tenements, or other property : and also to appear
and take upon himself the defence of any action, real or
personal, instituted against them, or against any person
acting under their Authority or by their leave or license
— Provided that the expense of conducting their business
shall be defrayed out of the property of the said Indians,
and for that purpose, the said Trustee shall lay his accounts
annually before the Committee on Accounts of this Com-
monwealth, for approbation and allowance.

March 7, 1804:.

Chapter 145.

RESOLVE ON THE PETITION OF JOHN COWEN AND OTHERS,
OF TOWNSHIP NO. 2, IN 2d RANGE NORTH OF WALDO
PATENT, APPOINTING SALEM TOWN, ESQ. TO REPAIR TO
SAID TOWNSHIP AND HEAR THE CLAIMS OF ALL PERSONS.

On the Petition of John Cowen & others inhabitants of
the township No. Two in the second range north of the
Waldo Patent, praying to be quieted as Settlers on their
respective Lots, in conformity to the provisions of the
Resolves of the General Court, of the 10th of March 1797
and of the 28th of February 1798. And whereas the
Honble. Henery Knox Esqr. and the Petitioners aforesaid

Resolves, 1803. — January Session. 929

have mutually agreed, to refer the subject matter of the
claims of the inhabitants of the said township to the de-
cision & determination of the Honble. Salem Town Esqr.
Therefore

Resolved, That the said Salem Town, Esqr. be & he
hereby is authorised & appointed, to repair to the sd.
Township No. Two ; having first given due notice to the
said Knox & also to the said Claimants of the time &
place of his Attending the said service and to hear the
Claims of all persons claiming to be quieted, in manner
as aforesaid. And such of the sd. Lots as have not been
duly surveyed, in a manner satisfactory to the said Town,
he shall cause to be surveyed, & laid out in such manner
as best to include the improvments of the Settlers re-
spectively, & least injurious to adjoining Lands. And
all evidence touching the validity of the said Claims shall
be by persons under Oath or Depositions duly sworn to :
And the said Salem Town shall make out a Plan of the
said township, & shall place the names of the Claimants
on their Eespective Lots on the said Plan, which when
compleated he shall return into the Office of the Commit-
tee of the sale of Eastern Land within one year from &
after the passing this Resolve. And the said Salem
Town shall give to each of the Settlers which he shall
find to come within the provisions of the Resolves afore
said, a Certificate under his hand & Seal discribing the
number & boundaries of his said Lot : which Certificate
shall be considered to all intents & purposes, as evidence
of each claimants Title to his respective Lot, not exceed-
ing one hundred acres. And each of the said Claimants
who shall within two years pay to the Treasurer of the
Commonwealth for the time being, the sum due for his
Lot granted as afore said, in manner as is prescribed in
the said Resolve of March 10th 1797 together with the
interest of the Same, shall be intitled to Receive of the
sd. Treasurer a good & sufficient deed of his said Lot :
Provided Jwioever, that all the expences which shall arise
in the prosecution of the said business shall l)e defrayed
equally by & between the said Knox & the applicants.

March 7, 1804.

930 Eesolves, 1803. — January Session.

Chapter 146.

RESOLVE FOR PAYMENT OF COMMITTEE ON ACCOUNTS.

Resolved^ That There be paid out of the public Treas-
ury of this Commonwealth, to the several Members of
the Committee appointed to examine and pass on Ac-
counts presented against the Commonwealth for their
Attendance on that Service during the present Session,
the Sums annexed to their Names respectively, in addi-
tion to their pay as Members of the Legislature — Viz
— To the Honble. Isaac Thomson for forty eight days
attendance at 60 Cents per Day, — Twenty eight Dol-
lars, eighty Cents ; To the Honble. Thos. Hale for Forty
eight days attendance. Twenty eight Dollars eighty Cents ;
To the Honble. Bezaleel Taft for thirty six days attend-
ance Twenty one Dollars, sixty Cents ; To Samuel Porter
Esqr. For twenty Six Days attendance Fifteen Dollars,
sixty Cents ; To Stephen Monro Esqr. , for Thirty five
Days Attendance Twenty one Dollars ; which Sums shall
be in full for their Services as aforesaid. March 7, 1804.

Chapter 147.

RESOLVE ON THE PETITION OF JESSE SEVERANCE, AUTHOR-
IZING THE TREASURER TO DISCHARGE HIM OF THE SUM
MENTIONED.

On the Petition of Jesse Severance Collector of taxes
for the Town of Conway for the year 1798, and to whom
was committed a State tax for said year praying for a
remittance of Two Hundred & forty Dollars collected on
said tax which was stolen from him.

Resolved for reasons set forth in said Petition that the
Treasurer of this Commonwealth be and hereby is author-
ized and directed to discharge the said Jesse Severance
of the aforesaid sum of Two Hundred and forty Dollars.

March 7, 1804.

Chapter 148.

RESOLVE GRANTING 75 DOLLARS 30 CENTS TO JOSHUA HOLT,
IN FULL OF HIS ACCOUNTS FOR BOARDING, CLOTHING, &c.,
ONE LEVI KONKEPOT.

Resolved, that there be allowed and paid out of the pub-
lic Treasury of this Commonwealth to Joshua Holt Esqr.
the sum of seventy five dollars and thirty cents in full of

Eesolves, 1803. — Jai^uary Session. 931

his account for boarding Cloathing doctering Books and
other supplies for Levi Konkepot, including the expence
of sending said Levi to Boston by order of the Governer
and Council. March S, 1804.

Chapter 149.

RESOLVE ON THE PETITION OF EUNICE PEIRCE, JOHN PEIRCE,
AND AMASA ROCKWELL.

On the Petition of Eunice Pierce and John Pierce, ad-
ministrators on the estate of Ebenezer Pierce, late of
Partridgefield in the County of Berkshire, Esquire, de-
ceased, and of Amasa Rockwell, Executor of the last
will and testament of Elisha Ford, late of said Partridge-
field, deceased.

Resolved, for reasons set forth in said Petition, that, in
pursuance of an agreement made between said Ebenezer
and Elisha, in their life-time, the said Administrators of
said Ebenezer be, and they hereby are authorized to con-
vey, by a deed by them to be executed in their said capac-
ity, to the said Executor of the last will and testament
of said Elisha deceased, to and for the uses and purposes
in & by the said last will & testament of said Elisha
appointed and devised, one undivided fourth part of a
certain tract of land lying in Partridgefield aforesaid,
described thus, to wit beginning at the north east corner
of eight mile meadow grant, so called, or Col. Partridge's
eight hundred acre grant, thence easterly across lot num-
ber sixty, parallel with the north line of said lot, to the
road leading from the County road to Windsor, thence
north, twenty degrees east, one hundred & twenty rods,
to a stake and stones on John Whitney's line, thence
westerly parallel with the north line of said John Whit-
ney's, to a stake and stones on the line between the lots
number fifteen and sixty, thence northerly on said line, to
a stake and stones at the north east corner of said Lot
number fifteen, thence westerly on the north line of said
lot number fifteen, ninety seven Rods, to a stake and
stones, thirty eight rods from the northwest corner of
said lot number fifteen, thence south, nine degrees west,
one hundred & sixty three rods, to a hemlock tree, at
Sprague's south east corner, thence easterly, four rods, to
a hemlock tree, thence southerly forty four rods, to a
stake & stones thence easterly forty six rods, to the

932 Kesolves, 1803. — January Session.

east line of the said grant, thence northerly two rods to
the first mentioned bound, containing one hundred &
fifty acres ; also of a tract on the south side of the road,
forty rods square, bounded east on land of Allen Payn,
south and west on land of Oliver Tinney, and north on
the County road, containing ten acres ; excepting that
part of the above described lands conveyed by said Eben-
ezer in his life time to said Amasa Rockwell in severalty.

March 8, 1804.

Chapter 150.

RESOLVE ON THE PETITION OF JOHN HASTINGS, ESQ., DIS-
CHARGING CERTAIN ACCOUNTS.

On the petition of John Hastings Esquire, seting
forth that he with Ephraim Wright Esqr. were appointed
by the General Court a Committee, to make sale of the
unappropriated Land lying within the County of Hamp-
shire, belonging to this Commonwealth, and the said
Ephraim Wright hath since deceased — And it appearing
that the said John Hastings & the heirs of said Wright,
have paid into the Treasury of this Commonwealth & to
sundry persons for services the proceeds of all the Lands
by them Sold, amounting to Eleven hundred & forty nine
pounds, eighteen shillings & ten pence including interest
allowed thereon. Therefore,

Resolved, that the said John Hastings & the heirs of
the said Ephraim Wright, be & hereby are discharged
the aforesaid sum of Eleven hundred & forty nine pounds,
eighteen shillings & ten pence received by them for the
sales of the land belonging to this Commonwealth lying
in the said County of Hampshire. And that the said
John Hastings Esqr. be discharged from any further at-
tention to the sale of unappropriated Lands in said County
of Hampshire and that this shall be considered as a full
Settlement and Discharge of any Demand the said John
Hastings, & the heirs of the said Ephraim Wright may
have against this Commonwealth for Services in the afore-
said Business. March 8, 1804.

Chapter 151.

RESOLVE ON THE PETITION OF WILLIAM DODD.

On the Petition of William Dodd of Boston, setting
forth that he is Assio-nee of a Contract made on the second

Kesolves, 1803. — January Session. 933

day of March a. d. 1795, by the Committee for the Sale
of Eastern lands ; by which Contract the said Committee
agreed to sell to Samuel Freeman, and Andrew Craigie
and their Associates a Township of land numbered six
in the eighth Range of Townships, lying North of the
Waldo Patent between the Rivers Kennebeck & Penob-
scot, in consideration of a sum of money then paid and
of four Notes or obligations for other sums ; And that
two of said Notes have been put in suit against the makers
thereof and two several judgements recovered thereon ;
to wit one Judgement rendered by the Justices of the
Supreme Judicial Court holden at Boston on the last
Tuesday of August a. d. 1797, in favor of Peleg Coffin
Esquire then Treasurer of said Commonwealth against
Park Holland, Benjamin Haskell, Peter Oilman, Nahum
Fay, and Arthur Gilman ; and one other Judgement
rendered by the Justices of the Court of Common Pleas
holden at Boston on the first Tuesday of October a. d.
1797, in favor of said Coffin Treasurer as aforesaid,
against Benjamin Haskell, Peter Oilman, Park Holland,
and Nahum Fay ; and that in each of said Judgements
were included other Debts due from the [the] same par-
ties but upon another distinct Contract ; (secured however
by the land agreed to be sold) by means whereof the said
Dodd is prevented from discharging and cancelling the
said two Notes on which Judgement is so rendered :
Therefore

Resolved, that the Treasurer of said Commonwealth be
authorized to receive of the said William Dodd the amount
of the four several Notes or Obligations aforesaid with the
Interest that may be due according to the tenor thereof,
and also the sum of twenty Dollars & sixty one Cents
being one half the Costs on the said two Judgements ;
and such payment shall be considered a full compliance
with the terms and considerations of the said Contract
for Number six aforesd. on the part of the said Freeman
& Craigie and their Assigns : And on receipt thereof the
said Treasurer shall discharo-e and acknowledge the re-
ceipt of one half of the sums due upon and by each of the
Judgements aforesaid, and shall cancel and deliver to the
said William Dodd the two remaining^ Notes sfiven as
aforesaid ; And thereupon a Deed of said Township shall
l)e made and delivered to the said Freeman & Craigie or
their legal Assigns pursuant to the Contract of Number

934 Eesolves, 1803. — January Session.

six aforesaid. Provided nevertheless, that the said Wil-
liam Dodd shall make and compleat the payment of the
four notes aforesaid on or l^efore the fifteenth day of May
next. March 8, 1804.

Chapter 153.

REPORT OF HON. DAVID COBB, ESQ., RELATIVE TO THE TOWN
OF SULLIVAN, AND RESOLVE THEREON.

Agreeably to a Resolve of the Legislature of the Com-
monwealth of Massachusetts, passed the 4th day of March
1803, directing the Survey of the Town of Sullivan in the
District of Maine, & assigning the Settlers Lots therein ;
the undersigned having attended that service, respectfully
makes the following Report.

That he has caused the Town of Sullivan to be survey'd ,
& the Lots of the Original Proprietors & the other
Settlers, with the four Lots for public uses, to be run
out, as will appear by the Map attending this report ; &
the Land remaininof unlocated in sd. Town is Eight Thou-
sand seven hundred Acres, Three Thousand five hundred
acres of which is estimated, by the Surveyor, to be of
little or no value, being Ledges & Rocks ; and he has
assigned to each of the Original Proprietors or to their
Heirs, who settled in the Town, and those Settlers, or
to their Heirs & Assigns, who were on the Lands prior to
the year 1784, and to those who have settled thereon since
that period to the present time, the quantity of Land
aflSx'd to their names respectively, & which are mark'd
on the aforesd. Map — viz.

The Original Proprietors or their Heirs.

To the Heirs of Nathll. Preble, deceas'd, . . Two hundred Acres.

To the Heirs of Josiah Simpson, deceas'd, . Two hundred Acres.

To the Heirs of John Bean, deceas'd, . . Two hundred Acres.

To Samuel Bean, Two hundred Aci'es.

To Joseph Bragdon, Two hundred Acres.

Settlers prior to 1784.

James Bean, Two hundred Acres.

Samuel Preble, One hundred Acres.

John Uran, One hundred Acres.

Moses Bragdon, One hundred Acres.

Benjamin Welsh, One hundred Acres.

Samuel Ingersoll, Two hundred Acres.

Nathaniel Preble, One hundred Acres.

John Preble, One hundred Acres.*

Richai'd Downing, .... One hundred & fifty Acres.

Kesolves, 1803. — January Session.

935

Paul Uran, .
James Simpson, .
Benjamin York, .
Heirs of John Simpson,
Francis Salter, .
Paul Dudley Sargeant,
Paul Simpson, Junr. .
Samuel Simpson,
John Gordon,
James Miller,
Joseph Miller, .
Abner Blaisdell, .
Reuben Abbot, Senr. .
Moses Abbot,
Amos Abbot,
Wiley Hall,
Morice MeGrath,
Ebenezer Bean, .
Benjamin Johnson,
Stephen Johnson,
Phillip Martin, Senr. .
Heirs of Nathll. Johnson,
Ejihraim Dyer, .
Samuel Hill,
Jabez Simpson, .
William Ingalls,
John White,
Ebenezer Bragdon Junr.
Ebenezer Bragdon Senr.
John Hammond,
John Bean, .

Heirs of Danll. Sullivan,
Heirs of Wm. Gadcum,
Heirs of Thos. Moon, .
William Crabti'ee,
Agreen Crabtree,
Joseph Lancaster,
Heirs of John Cook, .
Heirs of Stephen Young,
Jacob P. Rust,
Oliver Worster Senr. & Son
William Worster,
Edward Pettengail, .
Thomas Foss,
Stephen Clark, Junr. .
Nathan Jones,
Benjamin Ash, Junr. .
Edward Hammond, .
Nathll Ash, .
Stephen Card,

One

. One hundred Acres.

. Two hundred Acres.

. One hundred Acres.

. One hundi'ed Acres.

. Two hundred Acres.

. One hundred Acres.

. Two hundred Acres.

. One hundred Acres.

, One hundred Acres.

. One hundred Acres.

. One hundred Acres.
Three hundred Acres.

. One hundred Acres.

. Two hundred Acres.

. One hundred Acres.

. Two hundred Acres.

. One hundred Acres.

. One hundred Acres,
hundred sixty seven Acres.

. One hundred Acres.

. Two hundred Acres.

. One hundred Acres.

. One hundred Aci-es.

. One hundred Acres.

Fifty Acres.

. One hundred Acres.

59 Settlers.

Settlers after 1784 & prior to 1795.

John Preble, Junr One hundred Aci'es.

Enoch Hill, One hundred Acres.

Reuben Abbot, Junr One hundred Acres.

936

Kesolves, 1803. — January Session.

Richard Clark, One hundred Acres.

Henry Grant, One hundred Acres.

Joseph Moore, One hundred Acres.

William McNeal, One hundred Acres.

Morgan Jones, One hundred twenty-five Acres.

Charles Coates, One hundred Acres.

George Crabtree, One hundred Acres.

Samuel Ball, One hundred Acres.

David Worster, One hundred Acres.

Robert Marcer, One hundred Acres.

Heirs of Stephen Merchant, .... One hundred Acres.
Joshua Bickford, Fifty Acres.

Settlers after 1795 to the present time.

Benjamin Condon,
Edward Hammond,
Nathaniel Ash, .
Philip Max'tin Junr.
Robert Gordon, .
Paul Blaisdell, .
John Abbot,
Christojjher Moon,
William Foss,
Moi'ice Fitzgerald,
John Bulkley, .

Total amount of Settlers in

One hundred Acres.

Fifty Acres.

One hundred Acres.

Fifty Acres.

One hundred Acres.

. Sixty one Acres.

Thirty Acres.

Twenty seven Acres.

the Town, 90'.

Total amount of Land, located & unlocated

4 Lots for Public uses 800 Acres each, .... 1200

5 original Proprietors at 200 each, 1000

All other Settlers, 9060

Unlocated Land, ........ 8700

19960 Acres.

He would beg leave to suggest for the consideration of
the Legislature, that as the Town of Sullivan was directed
to be at the expence of this Survey, whether the Settlers
should not be required to pay, for their respective Lots
the usual price, as Settlers, to the Town Treasury, as a
reimbursment to the Town for the heavy expence it has
incurred on this occasion. — it is presumed the Settlers
would have no objection, & the Town would be gratified.

February 29th, 1804.

DAVID COBB.

The Committee of both Houses, to whom was submitted
the report of David Cobb, Esq. relative to the town of
Sullivan, ask leave to report the following resolutions
Which are submitted.

J. MASON ^ orc^er.

Eesolves, 1803. — January Session. 937

Resolved, that the report of David Cobb, Esquire, &
the survey of the town of Sullivan, by him caused to be
made, in pursuance of a Resolution of this Commonwealth
passed the fourth day of March 1803, wherein he was
authorized & empowered to cause a survey of the town
of Sullivan, in this Commonwealth to be made, & to
report the number of settlers therein, & his opinion re-
specting the quantity of land which ought to be assigned
to each of them, respectively, and also the residuum of
the land which should remain for the future order of the
General Court, be accepted, & that the quantity of land
assigned in said report & survey, to the original pro-
prietors, to the heirs & assigns of original proprietors ;
to the settlers, & to the heirs & assigns of settlers, as
respectively set against their several names therein, be
& hereby is confirmed & granted accordingly : provided
that all such proprietors & heirs & assigns of proprietors,
& all such settlers and heirs & assigns of settlers shall
severally pay to the Selectmen of said Town in two years
from the passing of this resolve Vizt. all proprietors &
heirs & assigns of proprietors, all settlers and heirs &
assigns of settlers prior to 1784, the sum of five Dollars ;
all settlers heirs & assigns as aforesaid prior to 1795,
the sum of twenty dollars, & all settlers & heirs & assigns
as aforesaid after 1795, the sum of thirty Dollars, for
every hundred acres & in the same proportion for a
greater or less quantity, in full for their proportion of
the expences attending the taking of said survey. — And
the Selectmen or a major part of them are hereby author-
ized & empowered to acknowledge a receipt thereof & to
release to such person or persons so paying the same &
to his or their heirs, & assigns all the right, title & in-
terest of this Commonwealth in & to the quantity of land
assigned to said person or persons, by this resolve & with
such metes & bounds as shall be in conformity with the
survey aforesaid, which deed duly recorded in the Regis-
ter's Office shall be good & valid in law to convey to, &
vest, in such person or persons & their heirs & assigns
the title of this Commonwealth forever in such lands. —
But if any of the persons aforesaid shall neglect to pay
sd. sum, respectively ordered by this resolution, within
the time prescribed, the quantity of land herein granted
to such delinquent })erson or persons shall revert to this
Commonwealth.

Be it further Resolved, that the four lots, surveyed for

938 Resolves, 1803. — January Session.

public uses, be disposed of in ruanner following, One for
the first settled Minister of said town of Sullivan ; one
for the use of the Ministry ; one for the use of the Schools
of said town, & one for Harvard University.

Be it further Resolved^ that the Selectmen aforesaid,
be & hereby are authorized to convey, out of the residuum
of said land, to each of the original proprietors of said
Township, or their heirs, who shall claim the same on or
before the first day of April 180G, fifty acres of said land,
to be by said Selectmen marked out & allotted, & to give
deeds therefor, in manner & upon the same conditions as
above directed : provided they shall receive the same in
full of all further demands.

And be it further Resolved, that the residuum of said
land, which shall remain after said first day of April 1806,
shall be, and the same hereby is granted, one moiety
thereof to the President & Trustees of Williams' College,
& the other moiety thereof to the President and Trustees
of Bowdoin College ; and it shall be the duty of the
Selectmen of said Town to make report of their doings
to the General Court as soon as may be after said first
day of April. March 8, 1804.

Chapter 153.

RESOLVE IN FAVOR OF THE CHAPLAINS AND CLERKS OF THE
SENATE AND HOUSE.

Resolved, that there be allowed & paid out of the public
Treasury, to the revd. William Emerson, Chaplain to the
Senate, Sixty Dollars, to the revd. Thomas Baldwin,
Chaplain to the House of Kepresentatives, Sixty Dollars,
to Wendell Davis Esq. Clerk of the Senate Three hundred
& fifty Dollars ; and to Nicholas Tillinghast Esq. Clerk
of the House of Representatives Three hundred and fifty
Dollars, in full for their services aforesaid respectively, the
• present year ; and his Excellency the Governor is re-
quested to issue his warrants on the Treasury for the
amount of the said several sums accordingly.

March 8, 1804.

Eesolves, 1803. — January Session. 939

Chapter 154.

RESOLVE IN FAVOR OF SAMUEL F. McCLEARY AND THOMAS

WALLCUT.

Resolved, that there be allowed and paid out of the
Treasury, One hundred & fifty six Dollars to Samuel F.
McCleary Assistant Clerk of the Senate, and One hundred
& fifty six Dollars to Thomas Wallcut, Assistant Clerk
of the House of Representatives, which shall be in full for
their services the present year. March 8, 1804.

Chapter 155.

RESOLVE ON THE APPLICATION OF DAVID A. OGDEN, ESQ.,
AGENT OF THE ASSIGNEES OF ROBERT MORRIS, ESQ.

Whereas in and by an instrument of agreement made
and executed, on the sixteenth day of December, in the
year of our Lord one thousand seven hundred and eighty
six, between the Commissioners of the Commonwealth of
Massachusetts and of the State of New York, mutually
appointed for that purpose, the State of New York ceded,
granted, released and confirmed to the Commonwealth of
Massachusetts, their grantees and the heirs and assigns
of such grantees forever, the right of Pre-emption of the
soil, from the native Indians, of certain lands and territo-
ries within the said State of New York ; and in and by said
Instrument it was among other things agreed, as follows,
" The Commonwealth of Massachusetts may grant the
right of pre-emption of the whole or any part of the said
lands & territories to any person or persons, who by
virtue of such grant, shall have good right to extinguish,
by purchase, the claims of the native Indians : Provided,
however, that no purchase from the native Indians, by any
such grantee or grantees, shall be valid, unless the same
shall be made in the presence of, and approved by a
Superintendant to be appointed for such purpose by the
Commonwealth of Massachusetts, and having no interest
in such purchase ; and unless such purchase shall be con-
firmed by the Commonwealth of Massachusetts."

And whereas, in pursuance of the said cession, the Com-
monwealth of Massachusetts granted to Robert Morris
Escjr. & his assigns the right of Preemption of a part of
said lands ; and, at a Treaty holden with the Seneca na-
tion of Indians, before the Honble. Jeremiah Wadsworth

940 Resolves, 1803. — January Session.

Esqr. a Commissioner of the United States, and in the
presence & with the approbation of the Honble. William
Shepard, a Superintendant appointed for that purpose on
the part of the Commonwealth of Massachusetts, the said
Morris, grantee as aforesaid, by purchase extinguished
the native right of said Indians to a part of said lands,
the right of preemption of which was so granted to the
said Morris ; and, at a Treaty holden with the said Seneca
tribe of Indians, on the thirtieth day of June in the year
of our Lord one thousand eight hundred & two, in the
presence and with the approbation of John Taylor Esqr.
a Commissioner of the United States appointed to hold
the same, and duly ratified by the President of the United
States, by and with the advice and consent of the Senate
thereof, on the twelfth day of January in the year of
our Lord one thousand eight hundred & three, the said
Indians, in exchange for the lands last aforesaid, then &
there re-ceded & released to them, did cede and release
to the assignees of said Morris, certain other lands, the
right of preemption of which was granted as aforesaid
to said Morris cS:; his assigns ; But the said purchase of
the native Indian right to the lands last aforesaid was not
made in the presence of & approved by a Superintendant
appointed for that purpose by the Commonwealth of
Massachusetts.

Upon the application of the assignees of said Morris,
by David A. Ogden Esqr., for a confirmation of said
Purchase,

Resolved, that Honl)le. Barnabas Bidwell be, and he
hereby is appointed a Superintendant, on the part of this
Commonwealth, but at the expence of the said assignees
of said Morris, to examine into the nature, extent and
circumstances of said purchase, and report the same to
the next General Court of this Commonwealth, that if it
shall be found reasonable & proper, the said purchase
may be confirmed on the part of this Commonwealth.

March 8, 1804.

Chapter 156.

RESOLVE DIRECTING THE ARRANGEMENT OF PAPERS AND
COMPLETION OF THE RECORDS OF COURTS OF COMMON
PLEAS IN SUFFOLK, ESSEX, AND MIDDLESEX COUNTIES.

On the Representation of James Sullivan Esquire At-
torney General to this Commonwealth.

Resolves, 1803. — Jan^uart Session. 941

Whereas it appears to this Court That by reason of
some omission of Duty ; or by accident the Records of the
Courts of Common Pleas in the Counties of Suffoll?, Mid-
dlesex & Essex, between the first day of July a.d. 1774
& the first day of July a.d. 1784 have never been com-
pleated — And that some provision is necessary to collect
& arrange the [the] files & to compleat the Records during
the aforesaid Period : Therefore

Resolved, That the respective Clerks of the Courts of
Common pleas for the Counties of Suffolk, Essex, &
Middlesex be, & they hereby are directed, forthwith, to
collect & arrange into proper Files all the papers & docu-
ments in their several offices in all cases whatever & that
they make up & compleat the Records during the Period
aforesaid, where the same has not already been done : &
present their accounts for the services aforesaid to the
General Court for allowance.

And he it further i-esolved, That the secretary cause each
of said Clerks to be furnished with a Copey of this Resolve.

March 8, 1804.

Chapter 157.

RESOLVE GRANTING 60,000 DOLLARS TO THE AGENTS FOR
BUILDING THE STATE PRISON.

The Committee of both Houses to whom was referred
the representation of His Honor Edward H. Robbins,
Esqr. Peleg Coffin, Jonathan Hunnewell and Charles
Bulfinch Esquires, Agents for building the State Prison,
have attended to the business of their appointment, &
had repeated interviews with said Agents & carefully ex-
amined their accounts, and receipts, for expenditures ; &
by them it appears, that they have expended Sixty six
Thousand Dollars, to the objects of their Agency ; — but to
enable said Agents more fully to arange and close their ac-
counts with the several Individuals named in their Exhibit,
the Committee think it is expedient to refer the adjust-
ment of acounts with said Agents — Their discharge of
the aforesaid sum, and the sul^ject of their compensation
to the next General Court. And the said Agents havin";
agreed thereto, the Committee report accordingly.

And with respect to the further appropriations neces-
sary to be made to complete the State Prison ; the Com-
mittee report the following Resolve, Which is submitted.

ELIJAH BRIGHAM pr. Order.

942 Resolves, 1803. — Jan^uaky Session.

Resolved, that there be and hereby is granted the sum
of Sixty Thousand Dollars, to be paid out of the Public
Treasury of this Commonwealth to his Honor Edward
H. Robbins, Esqr. Peleg Coffin, Jonathan Hunnewell &
Charles Bulfinch, Esqrs. Agents for building the State
Prison, to enable them to proceed and finish the same.
And for the expenditure of which monies, said Agents
are to be accountable to this Commonwealth on settle-
ment of their accounts or whenever called on by the Leg-
islature thereof — And His Excellency the Governor with
advice of Council is hereby authorized & requested to
issue warrants on the Treasury in favor of said Agents,
for such parts of the aforesaid grant, as shall, in the
Judgment of the Governor & Council from time to time
be thought necessary. March 9, 1804.

Chapter 158.

RESOLVE ON THE PETITION OF NANCY ANDREWS.

On the petition of Nancy Andrews, of Dighton, widow
and Administratrix of Joseph Andrews, deceased, pray-
ing that she may be authorised to sell and convey, in her
said Capacity, all the right of which her Husband died
seised, in a moiety of a certain House and Garden situated
in said Dighton, which moiety was conveyed to her late
Husband, together with George Ware, & Thomas An-
drews by John Smith and his wife of said Dighton.

Resolved, for reasons set forth in her petition, that the
said Nancy Andrews, be, and she is hereljy authorised, in
her said Capacity, to sell and convey, at publick sale, and
make a good and valid deed of, all the right belonging to
the estate of her late Husband, in the premisses described :
provided she first give bond with Sufficient Surety, to the
. Judge of Probate for the County of Bristol, in such sum
as he shall order, conditioned to account for the proceeds
of said Sale and in other respects to perform the rules &
regulations of law respecting the Sale of real estate by
Executors and Administrators. March 9, 1804.

Chapter 159.

RESOLVE ON THE PETITION OF JOSEPH SMALL AND ENOCH

STROUT.

On the petition of Joseph Small and Enoch Strout
assessors of the Plantation of Wales, praying for a relin-

Kesolves, 1803. — January Session. 943

quishment of the State tax of said plantation for the
years 1802 and 1803 in order that the same may be ex-
pended in the repairs of the high Avays in said plantation.
Resolved, that the sum of thirty eight dollars & sixty
six cents being the amount of the state tax of said plan-
tation for the year 1802 and the sum of thirty eight dol-
lars & sixty six cents being the amount of said tax for
the year 1803, be, and the same is hereby remitted to
said plantation, to be, by the inhabitants thereof laid out
in repairing the high ways within the same, and on the
certificate of the Honble. John Chandler, that said sum
of Seventy seven dollars & 32 cents has been faithfully
laid out and expended the present year on the high ways
in addition to the sum usually expended by said planta-
tion, the Treasurer of this Commonwealth shall credit
said Plantation with the sum of Seventy seven dollars
thirty two cents on their State taxes for the years 1802
and 1803. March 9, 1804.

Chapter 160.

RESOLVE GRANTING 75 DOLLARS TO JACOB KUHN, MESSENGER
TO THE GENERAL COURT.

Resolvedy That there be allowed & paid out of the
Treasury of this Commonwealth the Sum of seventy five
Dollars to Jacob Kuhn the Messinger of the General
Court in full for his Services in superintending sundry
Repairs & Improvements in & about the State House
agreeably to the respective Orders & Resolves of the
Legislature of June 23d, 1802, March 4th & June 20th
1803 & Feby. 8th, 1804. March 9, 1804.

Chapter 161.

RESOLVE MAKING AN ADDITIONAL GRANT TO ASSISTANT
CLERKS OF SENATE AND HOUSE.

Resolved, that there be allowed & paid out of the Pub-
lic Treasury to Samuel Foster McCleary & Thomas Wal-
cutt each the sum of forty four Dollars so as to make
their entire compensation for their services during the
present Session amount to the sum of Two hundred
Dollars. March .9, 1804.

944 Eesolves, 1803. — January Session.

Chapter 162.

RESOLVE FOR CONTINUING RESOLVES PASSED MARCH 5 AND
JUNE 19, 1801, RESPECTING GRANTS OF LANDS OR MONEY
EQUIVALENT TO CONTINENTAL SOLDIERS, TO MARCH 5,
1805.

Whereas by a Resolve of the fifth of March 1801 there
was granted two hundred acres of land each to certain
persons therein described, or twenty dollars in lieu
thereof, 7jroi;2c?ecZ said persons should make application
for the same within three years from the date of said
Resolve and said lands were to be laid out, at the ex-
pence of the Commonwealth, as soon as there should
appear a number sufficient to take up a quantity of land
equal to a township of six miles square, and whereas
another resolve passed the Legislature on the nineteenth
day of June 1801 for the purpose of carrying the resolve
aforesaid into efiect, and a number of persons have ap-
plied for and proved claims to the land granted by virtue
of said resolves but have not been able to have the same
assigned to them because their number is not sufficient to
take up a quantity of land equal to a Township of six
miles square :

Therefore he it Resolved^ that the aforesaid Resolves of
March 5th and June 19th 1801 be reviv'd and continued
in force until the fifth day of March 1805 so far as they
respect the persons who have claim'd lands by virtue of
said Resolves and proved their claims thereto, or who
may hereafter within said term demand and prove their
claims to said lands.

Be it further resolved, That the Governor, with the ad-
vice of Council, is requested to appoint some suitable
person to survey and lay out one Township of six miles
square or a quantity of land equal thereto in lots of two
hundred acres each on any part of the unappropriated
land of this Commonwealth, on the eastern line of this
State and a plan of said survey to be returned to the
Secretary's office with the number of each lot mark'd
thereon, and every person who has applied or who may
hereafter apply within the year aforesaid for said land and
prove his claim thereto shall then choose his lot and have
his name inserted on the lot he may so choose and shall
also receive a certificate from the Secretary specifying the
number and range of said lot with the number of acres.

Resolves, 1803. — January Session. 945

which certificate being rcturn'd into the Secretary's office
with satisfactory evidence that the duties required by the
resolve of March 5th 1801 have been perforni'd, any time
within four years from the date of this resolve shall in-
title the possessor thereof to a deed of the land in fee
simple to be given him by the Secretary in behalf of the
Commonwealth.

Be it further Resolved ^ that every person, entitled to
lauds by the aforesaid Resolves, who shall make applica-
tion therefor, shall be admitted to his oath before the
Secretary that he is the same person by Name bourn
on the Books, now in the Secretaries ofBce, and that he
inlisted for the war before the first of June in the Year
one thousand seven hundred & eighty, and was regularly
discharged, and the same shall be considered as sufficient
Evidence to entitle him to the benefits of the aforesaid
Resolves.

Be it further resolved^ that the Oath of each Non-Com-
missioned Oflicer or Soldier, made & taken before any
Magistrate, duly authorised to administer the same, shall
be one mode of evidence to prove that such Non-Commis-
sioned Officer or Soldier are the same persons whose
names are born on the books in the Secretary's Oflice.
And where the Children or widow of such Non-Commis-
sioned Officer or Soldier, shall be the applicant for such
Lands, the Oath of any such child or widow, that they
are the children or widow, of such deceased Non-Com-
missioned Officer or Soldier, taken and certified by such
Magistrate as aforesaid, accompanied with a certificate of
the Selectmen of the town, where such officer or soldier
resided in this Commonwealth, that they are the Widows
or children of such Non-Commissioned Officer or Soldier,
shall also be another mode of evidence to prove that they
are the Widows or children of such deceased, Non-Com-
missioned officer or Soldier.

And he it further Resolved, that the Secretary be and
he hereby is directed to cause this Resolve to be published
in the several News papers, in which the laws of this Com-
monwealth are published. March 9, 1804.

946 Resolves, 1803. — January Session.

Chapter 163.

RESOLVE ON THE PETITION OF HENRY JACKSON AND THE
LETTER OF THE ATTORNEY-GENERAL, GRANTING SAID
HENRY JACKSON 2800 DOLLARS, WITH INTEREST FROM
JANUARY, 1793, WITH A PROVISO, AND DIRECTING THE AT-
TORNEY-GENERAL TO DISCHARGE THE SAID JACKSON AND
FLINT FROM A SUIT NOW PENDING.

The Committee of the two Houses upon the Petition of
Henry Jackson, & the Letter of the Attorney General
of the 8th of June last respecting a Suit of the Common-
wealth now pending at the Supreme Judicial Court against
said H. Jackson upon a Contract entered into by said
Jackson & R. Flint with the Committee for the Sale of
Eastern Lands — take Leave to Report the following State-
ment of Facts & Resolves. Wm. Tudor, ^e?- order.

That on the 18th of April 1792 Henry Jackson &
Royal Flint contracted with the Committee for the Sale
of Eastern Lands for the Purchase of all the Lands be-
longing to the Commonwealth within the following Bounds
Vizt. Westerly by a Line on the East side of the Great
Eastern Branch of the Penobscot River at the Distance of
Six Miles therefrom, Easterly by the River Schoodic & a
Line extending Northerly to the highlands or by the Line
of Demarkation described in the Treaty of Peace between
the United States & Great Britain, as relative to Lower
Canada & the District of Maine. And it appears that both
the contracting Parties acted under the Impression that the
whole of the said Tract of Country would embrace from
one Million to 12 or Fifteen hundred thousand Acres.
And the Contract stipulates that the Eastern Committee
shall cause a Survey of the Tract to be completed in
twelve Months from the Date or as soon after as might
be. And upon the Execution of the Contract Jackson &
Flint gave their Note payable in Thirty Days for the Sum
of five thousand Dollars in Confirmation of the Bargain
& as Part of the Purchase Money. And the Contractors
entered into Bonds for the faithful Performance of the
Contract on their Parts.

In January 1793 The Committee compelled Mr. Bing-
ham Avho at that Time was a Stranger to this Contract to
pay this note with the Interest amounting to five thousand
two hundred Dollars, on account of Jackson & Flint.

Resolves, 1803. — January Session. 947

Although at this Time the proposed Survey had not been
begun, & which was not entered upon until! the following
July, & completed on the 2d March 1795. By this Sur-
vey it turned out that the Tract of Country involved in
the Purchase amounted to Two Millions Nine hundred
thousand Acres, which with the Lands before bought by
the said Jackson & Flint would have been nearly equal
to live millions of acres.

It appears clearly to your Committee that neither of the
contracting Parties at the Time of entering into their En-
gagements contemplated the Conveyance of such a large
Extent of Territory, or that the said Jackson or Flint
would have given the proposed Price had they been
acquainted with the Circumstances established by this
Survey.

In May 1796 Jackson preferred a memorial to the Leg-
islature stating the Difficulties arising out of the Survey,
& praying Liberty to be released from the Contract, or
that He might be permitted to take only One million of
Acres, the Quantity originally contemplated at the Price
stipulated to wit twenty one cents per acre. It appears
that a Kesolve predicated upon the Principles of this Peti-
tion & granting the Prayer thereof passed the Senate on
the 7th of June 1796 but in the House of Eepresentatives
was referred to the next Session, & has slept upon the
Files ever since.

On the 19th of June 1801 a Resolve passed the Legis-
lature directing the Attorney General to institute a suit
upon the Bond given by said Jackson & Flint for the
Fulfillment of their Part of the Contract aforesaid & which
Suit is now pending in the Supreme Judicial Court of this
Commonwealth. And the Attorney General has applied
to this Legislature to have special Agents appointed & ad-
ditional Council eno'aged to assist him in the Suit aforesaid.

Your Committee after due Consideration of all the Cir-
cumstances attendant on this Business are unanimously of
Opinion that it will be proper to have the same finished
as soon as may be & upon equitable Terms & for this
Purpose beg leave to submit the following Resolves.

Resolved, That there be a Howled & paid out of the Treas-
ury of this Commonwealth to Henry Jackson & Royal
Flynt or his Assigns the Sum of Twenty Eight hundred
Dollars, with Interest from Jany. 1793, out of the first
unappropriated Moneys in the Treasury provided the said

948 Eesolves, 1803. — January Session.

Jackson and Flint in Person, or by their Executors or
Administrators shall within six Months from the Date of
this Resolve on their Part mutually release & cancel the
Contract made on the 18th Day of Apl. a.d. 1792 between
Samuel Phillips, Leonard Jarvis & John Read a major
Part of the Committee for the Sale of unappropriated
Lands in the Eastern Part of this Commonwealth, in
behalf of the Commonwealth of the first Part & Henry
Jackson & Royal Flint of the second Part for the Sale
of a Tract of Land therein described, on Terms therein
expressed.

And it is further Resolved that the said Attorney Gen-
eral be, & he hereby is directed to discharge the said
Jackson & Flynt from a Suit in behalf of this Common-
wealth (now pending in the Supreme Judicial Court)
within & for the County of Suflolk on a certain Bond
given by the said Jackson & Flynt pursuant to a Resolve
passed 19th June 1801 : the Resolve first aforesaid being
carried into full Effect. March 9, 1804.

Chapter 164.

PAY ROLL NO. 50

The Committee on Accounts having examined the sev-
eral accounts they now present :

Rejiort, That there are due to the Corporations and
Persons hereafter mentioned, the Sums set to their Names,
respectively; which when allowed and paid, will be in
full discharge of the said Accounts, to the several dates
therein mentioned.

Which is respectfully submitted,

ISAAC THOMSON, j^er order.

Pauper Accounts.

Dolls. Cts.

To the town of Abington for boarding & cloathing Mar-
garet Benner to 1st day of January 1804 . . . . 50 86

To the town of Adams for boarding cloathing & nnrsing
Catharine an Indian, Freeman Blakely, Susanna Comp
and her Daughter including her funeral charges and Doc-
tors Bill to January 10th 1804 . . . . . . 138 79

To Doctor Josiah Bartlet for Doctoring Jonathan Nichols,
Alexander Theophilas, & Elijah Beuel to December 31st
1803 49 45

To the town of Biimfield for boarding cloathing nursing

& Doctoring John Wakely to October 26th 1803 . . 46 63

To the town of Brookfield for boarding cloathing Nursing
& Doctoring Luke Finney, Cato Kinn, William Johnson
and George Thompson to January 1st 1804 . . . 173 47

Resolves, 1803. — January Session. 949

To the town of Boxford for boarding and cloathing Mehit-
able Ilall to January 2nd 1804, and Catharine Welch to
her Death iueludino; Doctors Bill and her Funeral Charges 137 96

To the town of Boxborough for boarding and cloathing

John Kennydy to January 1st 1804 47 49

To the town of Belchertown for Ephi'aim Shewbrook in-
cluding Doctors Bill to January 14th 1804 . . . 68 21

To tlie town of Boston for supporting cloathing nursing

and Doctoring sundry Paupers to December 1st 1803 . 3177 69

To Jolin Bolconi for supporting Richard Poiuroy to Decem-
ber 17th 1803 168 56

To the town of Beverly for boarding cloathing Nursing and
Doctoring Norris Marsh, Mattliiah Claxton, Ishmael Bow-
ers, xVndrew Burk, and Ruth Austin including funeral
Charges to February 1st 1804 214 94

To tlie town of Barre for supporting John C. Dantrick to

January 1st 1804 38 17

To the town of Boylston for boarding Nursing and Doctor-
ing David Pease to the time of his death including funeral
Charges 11 75

To the town of Blanford for boarding and doctoring James

Carter to January 30th 1804 80 25

To the town of Billei-ica for supplies for Michael Taylor

and William Love and his Wife to January 30th, 1804, . 99 11

To the Boston Board of Health for boarding, nursing and

doctering sundry paupers on Rainsford Island, . . 445 0

To John Balkan! tor supplies for Richard Pomeroy to De-
cember 17th 1803 168 56

To the town of Conway for supplies for John Allen includ-
ing Doctors Bill to January 16th 1804 . . . . 37 51

To the town of Colerain for boarding cloathing and Doc-
toring William Osburn, AVilliam Nelson, Rachel Carr,
and supplies for Henry Rogers and family to January
1st 1804 170 82

To the town of Cambridge for boarding and Doctoring
Peggy Condon, and funeral Charges for Charles King
including Doctors Bill to January 14th 1804 ... 78 39

To the town of Cape Elizabeth for boarding and cloathing
James Ramsbottom and Betty Carrol and supplies for
(leorge Hays to January 11th 1804 146 11

To the town of Carlisle for sujiporting Robert Barber and

Matthew Jammerson to January 28th 1804 . . . 94 42

To tlie town of Charlemont for boarding and Cloathing

Abraliam Bass to January 28th 1804 46 10

To the town of Concord for boarding and Cloathing Wil-
liam Shaw, to January 21st 1804 and supporting Silas
Gill & RoJjert Marshal, to Jany. 27th 1804, . . .107 75

To the town of Cornwell for boarding and cloathing John
Otis to December 9th 1803 113 54

To the town of Chelmsford for supplies for the Wd.

M'Clenny to February 11th 1804 20 0

To the town of Charlfon for boarding cloathing and Doc-
toring Thomas Adams to January 1st 1804 . . . 65 90

To the town of Cliarleslown for boarding and Cloathing

sundry Paupers to January 1st 1804 ..... 150 2

To Samuel Dngget for supporting Increase Ilewit a Poor

Debtor in goal in Dedham to November 13th, 1803, . 17 41

950 Resolves, 1803. — January Session.

Dolls. Cts.

To the town of Douglass foi' boarding cloathing and Doc-
toring Mehitable Elliot and her three Children, to Octo-
ber 21st 1803 64 95

To the town of Dartmouth for boarding and cloathing John
Pequit and Jolin Quonnowell John Pierce and Mary
Px-ince including Doctors Bill and funeral Charges to

January 1st 1804 302 32

To the town of Danvers for boarding and Cloathing Jerusha
Bird and John J. Hires, including Doctor's Bill, to Feb.

6th 1804 93 20

To the town of Dedham for' supporting Eleanor Carrye to
January 1st 1804 and for boarding and nursing Thomas

Walsh to January 31st 1804 86 47

To the town of Dover for boai'ding Patrick Cowen to Feb-
ruary 15th 1804 65 0

To the town of Dorchester for boarding and cloathing
Stephen liousmans, James Hitchard and three Children
of Rebecca Welsh and funeral charges for Mary Hous-

mans to February 20th 1804 93 80

To the town of Egremont for boarding and cloathing Mary

Dailey and three Idiot Children to January 12th 1804 . 255 62
To the town of Edgartown for boarding and doctoring

Thomas Dobsou to October 3rd 1803 . . . . 24 60

To Constant Freeman Keeper of the Alms House in Boston

to December 1st 1803 23130

To the town of Freetown for supporting John Conoly, and

Francis Brow, to February 21st 1804 . . . .115 26

To the town of Granby for boarding cloathing and doctor-
ing Ebenezer Derven and John Murray, to January 2nd

1804 89 58

To the town of Great-Barrington for boarding Cloathing
and doctoring Isaac and Catharine Hoose Mary Hoose
and Tom a Negro to January 1st 1804 . . . . 190 28
To the town of Granville for boarding cloathing and doc-
toring Thomas Williams and his Wife, to January 7th

1804 117 67

To the town of Greenfield for boarding cloathing and doc-
toring James Logan and Eunice Convas to January 23rd

1804 125 36

'I'o the town of Georgetown for boarding cloathing and
doctoring Nicholas Hannabry to August 21st 1803 in-
cluding funeral charges ....... 62 67

To the town of Grafton for boarding and cloathing James

Cook, to Jan. 3rd 1803 128 60

To the town of Groton for boarding cloathing and doctor-
ing John Claflin his Wife and Child, Edward McLane
John W. Bantroft and Wife including funeral charges
for Said Bantroft to January 10th 1804 . . . . 269 24
To the town of Gill for boarding and cloathing Peter

Mange and Sarah Hamilton to February 13th 1804 . . 66 82
To the town of Gloucester for boarding cloathing and
doctoi'ing Sundrv Paupers including funeral* Charges to

November 10th 1803 985 21

To the town of Holliston for boai'ding and doctoring Ed-
mund Jones to the time of his Death including funeral
charjres 14 0

Resolves, 1803. — January Session. 951

Dolls. Cts.

To Joseph Ho(l2:kins keeper of the House of Correction in
Ipswich for boarding cloathing and doctoring sundry state
Paupers to January 18th 1804 ...... 333 87

To Oliver Hartshorn for supporting Thomas Smith in Bos-
ton Goal to Feby 27 1804 29 59

To the town of Haverliill for boarding doctoring and
funeral Charges for William Kelly and for removing
Susanna Morril ......... 15 25

To the town of Ilopkinton for boarding and cloathing

James Roach to February nth 1804 56 10

To the town of Hallowell for boarding and clothing Rachel

Cumings and George Frost, to January 1st 1804 . . 155 0

To the town of Hancock for boarding and doctoring Sarah

King to January 1st 1804 44 0

To the town of Hardwick for boarding and cloathing David

Chamberlain to December 28th 1803 66 42

To the town of Hadley for supporting George Andrew
and Mary his Wife and Maiy Battes to January 7th
1804 99 22

To the town of Ipswich for boarding and cloathing William

Broadbent and Peter Agur to May 20th 1803 . . .134 60

To Doctor John Kitteridge for doctoring State Paupers in
full to June 1st 1803 140 0

To the town of Lunenburg for boarding and cloathing John
Helley to January 16th 1804 . . . . . . 114 62

To the town of Lanesborough for boarding cloathing and
Doctoring John Young to tlie time of his Death includ-
ing funeral charges 70 24

To the town of Lenox for boarding cloathing and doctor-
ing Abraliam Palmer, and Child, John How and Chris-
tian Crow to January .5th 1804 156 30

To the town of Lincoln for boarding and cloathing Thomas

Pocoek to January 1st 1804 70 40

To the town of Limington for boarding and cloathing John

Orion to January 7th 1804 13 38

To the town of Leyden for supporting Jedidiah Fuller and
his family to January 10th 1804, also Hannah Crofford to
the same time 88 91

To the town of Lynn for boarding cloathing and doctoring
John Battis, Ebenezer Breed and John Thomas to Feb-
ruary 9th 1804 124 36

To the town of Littleton for boarding and cloathing and
doctoring Richard Crouch and Robert Campbell to Feb-
ruary 12th 1804 44 67

To the town of Longmeadow for supporting John Spendlcr,
James Robins and their familys including Doctoi\s Bill
to January 28th 1804 44 98

To Doct. Thomas Mfjnning for Doctoring state paupers in

Ipswich to January 1st 1804 24 30

To the town of Mendon for boarding and cloathing Robert
Ellison to November 25th 1803, and John Hunt to Jan-
uary 10th 1804 including Doctor's Bill . . . . 125 49

To the town of Marshpee Plantation for boarding and

cloathing George George to -lanuary loth 1804 . . 65 20

To the town of ]Vlarlboro' for boarding and cloathing Jo-
seph Waters to January 1st 1804 58 44

952 Resolves, 1803. — January Session.

To the town of Methuen for boarding cloathing and doctor-
ing Thomas Pace to January 1st 1804 . . . . 43 51

To the town of Marblehead for boarding and cloathing and
doctoring William Beverly, Andrew Getway, Jeremiah
Yates, John Williams Vanderville Le Lerivier and An-
drew Nowland including Rowland's funeral charges to
February 7th 1804 118 33

To the town of Maiden for supporting Mary a Black

Woman to February 1st 1804 56 40

To the town of Manchester for boarding and cloathing
Thomas Douglass and Katy Grovely to February 2nd
^ 1804 121 50

To the town of Nantucket for boarding cloathing and doctor-
ing John AVebber his Wife and two Children, Castor a
Black Man and James Plato and his Wife to January
19th 1804 177 35

To the town of Newton for boarding cloathing and doctor-

^ ^ ing William Buzzard to February 6th 1804 ... 58 0

To the town of Newbury Port for boarding cloathing and

doctoring sundry Paupers to December 31st 1803 . . 1096 28

To tlie town of Newbury for boarding cloathing and doctor-
ing sundry Paupers to January 1st 1804, including fun-
eral Charges 932 75

To the town of North Hampton for boarding cloathing and

doctoring sundry Paupers to February 1st 1804 . . 92 65

To the town of North Yarmouth for boarding and cloath-
ing William Elwell to January 1st 1804 . . . . 93 75

To the toAvn of Northborough for boarding Cloathing nurs-
ing and doctering William Lincahan to February 27th
1804 57 51

To tlie town of Oxford for boarding cloathing and doctor-
ing Catharine Jourdan Judith Trumbull and her Children
to January 12th 1804 95 82

To the town of Pitsfield for boarding and cloathing Chris-
tian Still to the 16th of December 1803, — and Mary
AVelsh to the 5th of January 1804 89 12

To the town of Palmer for boai'ding Cloathing and doctor-
ing William Menden to January yth 1804 . . . 69 64

To the town of Patridgetield for boarding cloathing and
doctoring Mary Lace to the time of her death including
funeral Charges 48 7

To the town of Portland for boarding cloathing and doctor-
ing sundry Paupers to January 1st 1804 . . . . 761 84

To the town of Plymouth for boanling cloathing and doctor-
ing John Convil and Frederic Biggs to January 31th
1804 81 6

To the town of Rutland for Ijoarding and cloathing William

Henderson to January 14th 1804 120 50

To the town of Rowley for boarding cloathing and doctor-
ing Elle Collins, and Hannah Harris to January 1st
1804 59 40

To the town of Rehoboth for boarding cloathing and doctor-
ing Anna Carroll, and Richard Bolton to January 1st 1804 6 1 18

To the town of Reading for boarding cloathing and doctor-
ing Samuel Bancroft" and Samuel North to February 2nd
1804 119 89

Resolves, 1803. — January Session. 953

Dolls. Cts.

To the town of Raynham for boarding cloathing and doctor-
ing Anthony BrifBn to the time of his death including
funeral Charges ......... 54 0

To the town of Salem for boarding cloathing and doctoring
sundry Paupers including funeral charges to January
3rd 1804 1117 47

To the town of Swanzey for boarding cloathing and doctoi'-
ing sundry Paupers to January 16th 1804, including
funeral charges of Titus Hill 98 37

To the town of Sutton for boarding and cloathing Christo-
pher Ambler to January 2nd 1804 59 59

To the town of South Hadley for Supplies for Peter Pender-

grass to January 19th 1804 30 0

To the town of Stoneham for boarding cloathing and doctor-
ing William Barton and John H. Clamrod to January
16th 1804 88 94

To the town of Springfield for boarding cloathing and
doctoring John Padley, Ilendrick Wilner, Benjamin Fow-
ler to January 2nd 1804, including funeral charges . . 133 18

To the town of Sandwich for boarding and doctoring Matta

Cepet to the time of her death 29 60

To the town of Stockbridge for boarding cloathing and doc-
toring Samuel Ilaney, Joseph Grout, Sarah Hofford,
Mary Kinsley, Lucy Peters and John Morrison to De-
cember 1st 1804 [5] 210 97

To the town of Scituate for boarding cloathing and doctor-
ing Mary Corleu to February 10th 1804 . . , . 101 1

To the town of Shirley for boarding and cloathing Simeon

Cox to February 7th 1804 67 0

To the town of St. George for supporting Robert Hawes to

December 25th 1803 50 60

To the town of Southwick for supporting Geoi'ge Read to

January 1st 1804 57 0

To the town of Tyringham for boarding and cloathing

Ralph Way, to Jan. 1st 1804 56 24

To the town of Uxbridge for boarding and cloathing Betty
Trifle, David Mitchel and Patience Hazard to January
25th 1804 120 8

To the town of Winthrop for boarding and cloathing Wil-
liam Gaskill to January 2nd 1804 8 99

To the town of West Springfield for boarding and cloath-
ing Anna Pettee to January 1st 1804 .... 52 58

To the town of Wrentham for boarding cloathing and doc-
toring Peggy Taylor, Betsy Taylor, to January 1st 1804
and John Harcourt to the time of his death incli;ding
fiuieral charges 194 73

To the town of Wilbraham for boarding, cloathing and
doctoring John Brown to the time of his death including
funeral charges 80 0

To the town of AVinsor for boarding cloathing and doctor-
ing Henry Smith and his Wife to January 16th 1804 . . 104 98

To the town of Walpole for boarding and cloathing Patrick
Hancock, Stephen Flood and Sally Davis, to January 1st
1804 163 65

To the town of Western for boarding and cloathing John
Swaney to Jan. 15th 1804 100 88

954 Resolves, 1803. — January Session.

To the town of Warren for supporting William Moarman

to January 4th 1804 52 0

To the town of Waldoboro' for boarding cloathing and doc-
toring Thomas Woodrow to December 25th 1802, or to
the time of his removal out of this Commonwealth . . 62 50

To the town of Williamsbnrg for boarding and doctoring
Prince Arnold to the time of his death including funeral
charges .......... 29 25

To the town of Wells for boarding and doctoring James

Propet to the time of his death including funeral charges 15 34

To the town of Weston for boarding cloathing and doctor-
ing Nancy Cornwell to July 7th 1803 .... 36 0

To the town of Weststockbridge for boarding cloathing and
Doctoring Elizabeth Durfee, Lucy Lane, and Jane Clark
to January 1st 1804 170 39

To the town of Westfield for boarding, cloathing and doc-
toring William Davis and James Duel to January 1st
1804 110 67

To the town of Wiscassett for boarding and doctoring
Constantine Fickey to the time of his death including
funeral charges ......... 15 75

To the town of Worcester for boarding cloathing and doc-
toring Peter Willard, Joseph King, John Goodl'ellow,
Luke Durfee and Jack Melvin to January 1st 1804 in-
cluding Doctr. Fisk's Bill 203 19

To the town of Williamstown for boarding and cloathing
Morris Fowler to January 15th 1804 and Rachel Gallu-
sha to January 28th 1804 129 43

To the town of Westford for boarding and doctoring Eliza-
beth Willson to the time of her death including funeral
Charges 60 0

To the town of Wareham for boarding and cloathing Alex-
ander Frazier to February 14th 1804 . . . . 85 75

To the town of Westborough for boarding cloathing and

doctoring John Scudemore to February 6th 1804 . . 79 22

To the town of Westport Boarding and Clothing Patience
Sydnals Child to January 23d 1804 and removeing Abi-
gail Socorush out of the Commonwealth . . . 34 60

To the town of York for boarding cloathing and doctoring
Edward Perkins and his Wife, Mrs Crocker, Miss Per-
kins and Jacob Peckum to January 6th 1804 . . . 157 25

Total Allowance for paupers, 20177 80

Militia Accoimts.
Courts Martial S^ of Enquiry S^c.

To a Court INlartial, in the trial of Capt. Green whereof
Colo. Town was President in 1803

To a Court of enquiry held in Dedham June 22nd 1803,
whereof General Campbell was President

To Samuel Howard Brigade Major for the Expence of a
Court of Enquiry wliereof General Foster was President
Field in Boston Febru;iry 3rd 1804 .....

To William Donnison for services as Adjutant Genii to
January 1st 180 i . . . . .

Dolls.

Cts.

163

170

633

Kesolves, 1803. — January Session.

955

Aids-de-Camp and Brigade Majors.

To James Ayer for services to January 1st 1804 .
To Joseph Bliss Jiinr. for services to January 1st 1804
To (George Blanchard for services to January 1st 1804
To Stephen Dewy for services to January 1st 1804
To Ezekiel Day for services to January 1st 1804 .
To Jacob Fisher for services to January 1st 1804
To Samuel Gamwell for services to January 1st 1804
To Samuel Howard for services to January 1st 1804
To Josiah Harris for services to January 1st 1804
To N. Hay ward for services to January 1st 1804
To AVilliam Jackson for services to January 1st 1804
To Sylvester Osborn for services to January 1st 1804
To William P Rider for services to January 1st 1804
To Luke Montague for services to January 1st 1804 .
To Erastus Smith for services to January 1st 1804
To William Seaver for services to January 1st 1804 .
To Samuel M. Thayer for services to January 1st 1804
To John Taylor for services to January 1st 1804
To Timothy Whiting for services to January 1st 1804
To Ilobart Wheelorfor services to January 1st 1804 .

Adjutants accounts.

To Elijah Alvord 2nd for services to January 1st 1804

To John Adams Junr. for services to January 1st 1804

To William Bridge for services to January 1st 1804 .

To Joseph Billings for services to January 1st 1804 .

To William Boyd for services to January 1st 1804

To Elijah Brigham Jr. for services to January 1st 1804

To Matthias Blossom for services to January 1st 1804

To George Bass for services to January 1st 1804

To Amos Boardman junr. for services to January 1st 1804

To Abner Burt Junr. for his services to January 1st 1804

To John Beals for services to January 1st 1804 .

To Jonathan Burrows for services to January 1st 1804

To Samuel Cooledge for services to January 1st 1804

To Nathaniel Cheever for services to January 1st 1804

To Kufus Copeland for services to January 1st 1804

To Elias Clough for services to January 1st 1804

To I'eter Clark for services to January 1st 1804 .

To David Coffin junr. for services to January 1st 1804

To David Dana for services to January 1st 1804 .

To Russell Dewey for services to January 1st 1804

To Lemuel French for services to January 1st 1804

To \\'illiam Gould for services to January 1st 1804

To Timothy Hopkins for sei'vices to January 1st 1804

To Thomas Hill for services to January 1st 1804

To William Hight for services to January 1st 1804

To Thomas Heald for services to January 1st 1804

To Ephraim Judson for services to January 1st 1804

To Simeon Kingman for services to January 1st 1804

To Cyrus Keith for services to January 1st 1804 .

To Edward Lowd for services to January 1st 1804

To Beniamin Lincoln for services to .January 1st 1804

To Noah D. Mattoon for services to January 1st 1804

To Sylvester Maxwell for services to January 1st 1804

Dolls. Ct3.

40 10

22 40
45 50
37 25
37 60
35 33
10 25
78 47
50 0
65 60
72 75
84 69
21 12
16 0

23 95
53 75
81 85
59 25

120 0
100 0

20 12
23 23
20 82
38 32
38 57

12 33

32 61
52 75

11 to
10 82

14 0

10 66
5 42

25 0

13 75
9 60

33 92
20 12

26 65

20 68

29 2

30 80
19 18

15 50

17 0
28 79
23 68

11 84

18 U
15 25
28 60

21 13

14 25

956

Resolves, 1803. — January Session.

To the Heirs of Abel Morse deceased for services to the

time of his Death 6 73

To John Nye for services to January 1st 1804 . . . 15 85

To Hector Orr for services to January 1st 1801 . . . 12 11

To Jeremiah Obrien Junr. to January 1st 1804 . . . 34 92

To Abel Phelps for services to January 1st 1804 . . . 25 0

To Esaias Preble Junr. for services to January 1st 1804 . 12 8

To Isaac Patten for services to January 1st 1804 . . . 13 70

To Daniel Phil brook for services to January 1st 1804 . . 22 33

To Samuel Pingree for services to January 1st 1804 . . 15 86

To John Prince for services to January 1st 1804 . . . 32 75

To George Russell for services to January 1st 1804 . . 25 12

To Seth Ross for services to January 1st 1804 . . . 16 86

To Erastus Smith for services to January 1st 1804 . . 2 23

To Benjamin Stephens for services to January 1st 1804 . 3 38

To Thomas Strong for services to January 1st 1804 . . 4 70

To Quartus Stebens for services to January 1st 1804 . . 19 50

To Festus Stebbins for services to January 1st 1804 . . 11 10

To Henry Sweeting for services to January 1st 1804 . . 23 45

To Henry Sweet for services to January 1st 1804 . . 14 24

To Ilazeltine Taft for services to January 1st 1804 . . 16 72

To Joseph Tucker for services to January 1st 1804 . . 14 74

To James Tyler for services to January 1st 1804 . . 20 0

To John Tolman for seiwices to January 1st 1804 . . 16 41

To William Ward well for services to January 1st 1804 . 6 88

To Cyrus Williams for services to January 1st 1804 . . 16 41

To Nathaniel Whittier for services to January 1st 1804 . 11 76

Expence for Hojses to Haul Artillery.

To Moses Burt for services by Horses to January 21st 1804 84
To John Carter for services by Horses to January 21st

1804 20 0

To Jesse Dogget for services by Horses to February 3rd

1804 7 50

To Noah Ford for services by Horses to January 1st 1804 . 10 0
To Increase He win for services by Horses to February 1st

1804 . 5 0

To Nathaniel Jones for services by Plorses to February

3rd 1804 10 0

To Oliver Johonnet for services by Horses to February 1st

1804 24 0

To S. B. Lyon for services by Hoi-ses to January 25th 1804 12 0
To Elisha Livermore for services by Horses to February

1804 7 50

To Moses Palmer for services by Horses to February 3rd

1804 12 60

To John Smith for services by Horses to February 27th

1804 32 0

To Abijah Smith for services by Horses to February 1804 . 4 50
To Jonathan Wilson for services by Horses to February

1804 5 0

To Melanathon W. & Jno. Willes for services by Horses to

Jany. 5th 1804 4 0

To Benjamin Whitman for services by Horses to Januarv

1804 \ 18 75

Total allowance for Militia,

3390 64

Kesolves, 1803. — January Session. 957

Goalers Accounls for supporting Convicts &c.

Dolls. CtB.

To Nathan Heard, keeper of the Goal in Worcester, for

boarding and cloathing Ely Page to December 12th 1803 66 76

To Oliver Hartshorn, keeper of the Goal in Boston, to diet-
ing and cloathing sundry Convicts to February 22nd
1804 636 62

To Rufus Hossmor, Under keeper of the Goal in Concord for
dieting and cloathing sundry Convicts to February 26th
1804 417 93

To Zephaniah Leonard, keeper of the Goal in Taunton for
dieting and cloathing James Hiffernan a Convict to Feb-
ruary 1st 1804 16 66

To Joseph Hunt for doctering Convicts in Concord Goal

in full to Januarv 14th 1804 44 8

Total allowance for Convicts, 1181 95

Sheriff's Accounts.

Dolls. Cts.

To Bailey Bartlett in full for his Service to Jany. 6, 1804, 7 20
To Benjamin C. Cutler in full for his service to Jany. 30,

1804, 88

To Benjamin Smith, in full for his Service to Jany. 23, 1804, 8 0

Total allowance for SheriflFs, 16 8

Printers Accounts.

Dolls, cts.
To Adams & Rhoads for publishing Acts and Resolves to

Feby. 20 1804 16 67

To Ejjhraim W. Allen for publishing Acts and Resolves to

August 4th 1803 16 67

To Galen H. Fay for publishing Acts and Resolves to Deer.

30th 1803 16 67

To Phinehas Allen for publishing Acts and Resolves to

Jany. 1st 1804 16 67

To Harman Mann for publishing Acts and Resolves to

Deer. 31 1803 16 67

To Thomas & Andrews for printing Militia Laws for

Adjutant Generals office in September 1803 . . . 120 0
To Henry Brewer for publishing Acts and Resolves to

Jany. 1st 1804 33 33

To Abraham Sherman Junr. for publishing Acts and Re-
solves to June 1st 1803 16 67

To Isaiah Thomas Junr. for publishing Acts and Resolves

to Feby. 1st 1804 33 33

To Young & Minns printers to the Government in full for

their Service for printing finding jiaper &c. to March 3rd

1804 1012 17

Total allowance for pi'inters, 1298 85

Miscellaneous Accounts.

Dolls. Cts.

To John Boyle for stationarj^ for the Secretaries and adju-
tant generals offices in full to January 2nd 1804 . . 155 22

958 Resolves, 1803. — January Session.

To Honble. Elijah Brigham Dwiglit Foster & Kilboru Whit-
man Esqrs. in full for their services and Expences (in-
cluding printing) as Commissioners appointed by his
Excelency the Governor agreeably to a resolve of Feb-
ruary 25th 1803 for the purpose of quiating settlers on
lands belonging to the Plymouth Company and in the
Town of Waldoborough 977 76

To Norton Brailsfoi'd in for [/mZZ] for repairing windows

&c. in the Court house to February 21st 1804 . . . Go 75

To Samuel Freeman Esqr. for I'ecord books for the Supreme

Court to keej} records in the County of Cumberland . 7 0

To Timothy Goodvvine for materials for the statehouse to

Feby. 10th 1804 34 11

To Alexander Campbel Esqr. for Postage of Letters sent

to him as Major General in full to March 1st 1804 . . 4 0

To His Hour. Edward H. Robbins Esqr. for sundries he jiro-

cured for the statehouse in full to March 1st 1804 . . 16 92

To Jonathan Hastings for postage of public Letter in full

to January 1st, 1804 45 85

To Thomas Spear for his service in keeping the state Hos-
pital on Rainsfoi'd Island in full to Feby. 14th 1804 . . 44 44

To William Whall for sundrys for repairing the state

house in full to January 10th 1804 118 68

To Jonathan Jackson Esqr. state Trer. for moneys ex-
l^ended for standards of weights for the Commonwealth
&c. in full to Feby. 15th 1804 542 80

To Isaac Peirce in full for the balance due to him upon his
account to August 15th 1803 after deducting one sum of
one hundred and fifty dollars granted him Jany. 25th 1803
and one other sum of one hundred dollars Granted him
June 20th 1803 33 26

To J. White & Co. in full for Stationary for General

Court &o. to March 1st 1804 240 26

To Josiah Wheeler in full for Labour on and materials he

found for the state house to Feby. 21, 1804, . . .332 23

To Silvanus Laj^ham for assisting the Messenger of the

General Court fifty five days 96 25

To Daniel Cowing for assisting the Messenger of the Gen-
eral Court fifty three days 92 75

To Amos Lincoln for his service & materials for repairs on

the state hons in full to February 27th 1804 . . .106 24

To Samuel Gore for finding materials and painting the
state house and for sundry repairs on the same . . 1104 17

Total allowance for Miscellaneous Charges, . . 4017 68

Aggregate of Roll No. 50.
Expence of^^State paupers,

ditto

Militia,

ditto

Convicts,

ditto

Sheriffs,

ditto

Printers,

ditto

Miscellaneous,

Total amount, .

Dolls.

Cts.

. 20177

, 3390

. 1181

. 1298

. 4017

, 30083 00

Resolves, 1803. — Januakt Session. 959

Read and accepted and thereupon

Resolved, That there be allowed and paid out of the
public Treasury to the several corporations and persons
mentioned in this Roll the sums set against such corpora-
tions and persons respectively amounting in the whole to
thirty Thousand and eighty three dollars the same being
in full discharge of the accounts and demands to which
they refer. March 7, 1S04.

SPEECHES AND MESSAGES,

1802-1803.

SPEECHES

HIS EXCELLENCY THE GOVERNOR,

MESSAGES TRANSMITTED BY HIS EXCELLENCY TO THE
GENERAL COURT, ETC., DURING THE LEGISLATIVE
YEARS

1803-1803.

[May Session, 1802.]

Tuesday, June 1, 1802.
The Senators and Representatives convened together in
the Representatives' Chamber; at 12 o'clock His Ex-
cellency the Governor entered, attended as usual, and
delivered the following speech :

Gentlemen of the Senate, and Gentlemen of the House of
Represen tatives ,

The honor, which my fellow citizens have again con-
ferred upon me, demands a repetition of my acknowledg-
ments, and the continued exertion of my abilities to
promote their interest. The duties which they have
called me to perform, especially those which regard ap-
pointments to office, are of a delicate nature ; but while I
am solicitous to employ the authority with which they
have intrusted me, for their benefit, I hope for their can-
did and favorable acceptance of my sincere endeavours to
serve them.

Our State Constitution declares that, "the end of the
institution, maintenance and administration of Govern-
ment, is to secure the existance of the Body politic, to
protect it, and to furnish the individuals who compose it,

964: 1802. — Governor's Messages, Etc.

with the power of enjoying in safety and tranquility their
natural rights, and the blessings of life." This declara-
tion suggests the importance of Government to the peace
of society, and the preservation of that system of morals
upon which its happiness depends, and at the same time
points out the objects which every one, to whom its
administration is confided, should have constantly in
view. Mankind have consented in all ages to submit to
Government, as the necessary means to prevent perpetual
war, and secure their individual rights ; without a regu-
lating and controuling power, it is impossible for society
to exist ; and when that power is employed for the useful
purposes of its institution, it affords security to the bless-
ings of life, preserves social order, and induces a compli-
ance with the laws of that Being whose government is
founded in infinite wisdom, and directed in all its opera-
tions, by perfect rectitude & goodness.

As the national Constitution unites the people of the
several States in the bonds of interest, and entitles them
to the common priviledges of citizens ; and the national
Government undertakes to provide for their defence
against foreign enemies, and to insure domestic tranquil-
ity ; it is the duty of the several States to support that
Constitution and Government ; to be mutually vigilant
for the safety and happiness of each other ; to guard their
several rights ; and in conformity to their respective State
Constitutions, to enact just and equitable laws for the in-
ternal regulation and security of the citizens, and provide
for their faithful execution. The performance of these
services, which on the part of this State is now incumbent
upon us, is not less a matter of interest than of duty ; as
the safety of all that is dear to us, depends on the stability
of the Constitutions which we have in the most solemn
manner engaged to support.

The patriotism of the American people has been mani-
fest in upholding the present system of national Govern-
ment, and the continuance of our union, is obviously
necessary to secure respect from other nations, and pre-
serve tranquility among ourselves ; for unless our views
are circumscribed within a narrow circle, we must per-
cieve that division would lead us to disorder and weakness,
and expose us to the loss of national importance, and in-
dividual liberty. So long as these States are united,
they will continue to increase in power and prosperity ;

1802. — Governor's Messages, Etc. 965

but whenever the ties which connect them are dissolved,
they will probably decay and fall to ruin, by mutual
jealousies and intestine feuds.

There is no evil to which free Governments are more
exposed than the prevalence of party spirit. The extreme
violence of this spirit degrades the character of a nation
and vitiates the morals of the people ; it has proved fatal
to almost every other Kepublic, either by enabling a suc-
cessful Chief to establish his empire on its ruins, or by
weakening its ability to oppose foreign invasion ; it tends
to pervert the judgment as well as corrupt the heart, and
renders the subjects of it unsocial and intolerant. Men
who in the ordinary commerce of life would disdain to
make use of deception, when actuated by the rage of
party, will give currency to reports, which at least they
must think doubtful ; their pretended patriotism degen-
erates into an eagerness to support party principles ; and
in order to influence opinions or measures, or to retaliate
supposed injuries, they have no scruple in violating the
plainest rules of decency and justice. Our sentiments on
political subjects will be different, but this diversity, if
in expressing it we confine ourselves within the limits
of truth and candour, will not be injurious, and if it
produces an honorable emulation to promote the public
good, may even be useful. It is impossible that all
should be of one opinion, and it is a reasonable indulgence
to suffer every man to enjoy his own, in many cases how-
ever, an open and fair examination of public measures is
necessary to enable the people to forma correct judgment
concerning them ; and if the current opinion is ditlerent
from ours, we may endeavour, by calm discussion, with-
out artifice or calumny, to correct the supposed error.
But the man who unnecessarily excites public alarm or
resentment, is a disturber of the peace, and whatever his
pretences may be, he is actuated by improper motives,
and has no regard to the interest of his Country.

We flatter ourselves that the mild character of our fellow
citizens, and their general information, will save us from
those excesses of party zeal by which other [other] na-
tions have been disgraced ; but there is such a propensity
to indulge this passion, audit has so often proved destruc-
tive, that good men should suppress it in themselves, and
discourage the appearance of it in others ; this duty is
peculiarly incumbent on the public Officers of the State,

966 1802. — Governor's Messages, Etc.

for if at any time they should unfortunately happen to be
under its influence, instead of guarding the public inter-
est with steady patriotism, they might indiscretely sacri-
fice it to private attachments. A prudent & temperate
course of proceeding on the part of Government, will gen-
erally produce moderation and acquiescence in the people ;
and I hope and trust, that in discharging the duties of
our respective Offices, our impartial conduct will prove,
that we are the faithful agents of the Commonwealth, and
not the leaders or instruments of a party ; and that we
invariably endeavour to promote the peace and prosperity
of our fellow citizens, and not to excite their passions or
confirm their prejudices.

In compliance with the Resolve of the 19th of February
Commissioners have be[6'?i] appointed to settle all disputes
between the proprietors of the Kennebec purchase from
the late Colony of New Plymouth, and any person or
persons who may have made improvements on the lands
claimed by those proprietors. If the settlers and others
who are interested, shall agreeably to the recommenda-
tion of the late Legislature, submit their claims to the
Commissioners, there is the utmost reason to expect, that
the tranquility of that part of the State will be fully estab-
lished.

Immediately after the Resolve of the lOtli of March was
passed, which relates to the seperating line between this
Commonwealth and the Provinces of New Brunswick and
Lower Canada, I wrote to the Secretary of State, inclos-
ing a copy of the Resolve, and requesting him to lay the
subject before the President of the United States, to-
gether with the request of the Legislature, that proper
measures might be taken to ascertain and settle that line.
I have received an answer from the Secretary, in which
he says, that our Minister at London has been already
instructed concerning a definition of the jurisdiction of
the Islands in or near the Bay of Passamaquoddy. and that
he will be authorized and instructed to take the further
steps necessary for accomplishing the object ; and that
the other part of the resolution will receive from the
President, all the attention which is due to it, and to the
wishes of the Legislature of Massachusetts thereon.

I have also, within a few days, received a letter from
the Secretary of War, in which he objects to the appraise-
ment of the ordnance and military stores which heretofore

1802. — Governor's Messages, Etc. 967

belonged to this Commonwealth, and were delivered over
to the United States. He proposes to return a part of
the articles, and to pay for the residue at reduced prices.
If this proposal shall not be acceded to, he consents to a
reference of the subject to suitable characters, mutually
named by the parties, to ascertain and conclusively fix the
value of the respective articles. The Letter will be laid
before you, and you will adopt such measures as you may
think most conducive to an equitable conclusion of the
business.

I will take up no more of your time. Gentlemen, in at-
tempting to enumerate particular subjects that require
your attention ; at this season of the year you will wish
them to be as few as possible. Whatever measures, which
have for their object the public good, or whatever motives
of interest or duty I have omitted to suggest, they will
readily occur to your reflection and experience ; and I
shall with pleasure do all that depends on me, to expedite
the public business, and to render the session agreeable
to the members of the Government and beneficial to the
people.

CALEB STRONG.

June 1, 1802.

[June Bession, 1802.]

Gentlemen of the Senate and Gentlemen of the House of
Representatives^

I have receiv'd a report from the Commissioners ap-
pointed on behalf of this State, in pursuance of a Law
of the Commonwealth passed in the year Seventeen hun-
dred & ninety one, to ascertain, together with Commis-
sioners on the part of Connecticut, the boundary line
between the two States. — It appears by the report of the
Commissioners, that they have not been able to eflect the
objects of their appointment, & that in their opinion,
there is no prospect of their agreeing with the Commis-
sioners of Connecticut in runnins; & establishing the Line
— The Secretary will deliver to you the report & the
Papers which accompanied it.

CALEB STRONG.

Council Chamber, June 8tb, 1802.

968 1802. — Governor's Messages, Etc.

[June SesBion, 1802.]

Gentlemen of the Senate and Gentlemen of the House of
Representatives ,

I have directed the Secretary to lay before you a State-
ment which I yesterday reed, from the late Treasurer of
the State containing a general View of the Debts of the
Commonwealth and of the funds and Revenues of the

same.

June 10th, 1802.

CALEB STRONG.

[June Session, 1802.]

Gentlemen of the Senate & Gentlemen of the House of
Represen tatives ,

The Firewards of the town of Boston have represented
to the Governor & Council, that the Dwelling Houses
near the Powder Magazine in this town have become so
numerous, & such large quantities of Gun Powder are
usually deposited in the Magazine that the town will be
in great danger by its longer continuance in its present
situation, & have therefore earnestly requested that im-
mediate & efiectual measures may be taken for its removal
— A Committee of the Council after attending to the sub-
ject have reported that in their opinion the quantity of
Powder deposited in the Powder House is so great that
some other place of deposit for that Article should be
provided.

The Law has authorized the Governor & Council to
give necessary instructions & orders for regulating the
keeping of all powder put into the said Magazine ; but the
authority of the Legislature is necessary to remove it to a
place of greater Safety. I have therefore directed the
Secretary to lay before you the representation of the
Firewards & that part of the report of the Committee
of Council in which the above opinion is expressed that
you may adopt such Measures as in your Judgment the
Safety of the Town shall require.

CALEB STRONG.
Council Chamber, June 15, 1802.

1802. — Governor's Messages, Etc. 969

[January BesBion, 1802.]

New State House, Friday, Jan. 14.
At twelve o'clock, His Excellency, attended by the
Hon. Council, and preceded by the Sherift* of Suffolk,
entered the Representatives' Chamber, where the Senators
had previously assembled, and delivered the following
speech :

Gentlemen of the Senate and Gentlemen of the House of
Representatives^

Our fellow Citizens, during the last year, have pursued
their employments with industry and success. No events
of an alarming nature have happened to disturb the. peace
of the State ; and if a Spirit of competition appeared in
the late elections, it seldom proceeded to injurious lengths,
or transgressed those bounds of decency and moderation
which will ever be respected by a virtuous and enlight-
ened People.

This state of society is favourable to publick ha[)pi-
ness, and must give peculiar pleasure to you, Gentlemen,
as it prevents the embarrassments which you might ex-
perience in a more unprosperous condition, and renders
your legislative duties easy and agreable. While in other
Nations, the attention of their Governments has been
necessary, to secure the People against the danger of
want ; in this State, the productions of the soil, by the
favour of Divine Providence, have been abundant, for
many successive years.

The lands in this Commonwealth, in almost every in-
stance, may be rendered fruitful, and prove a source of
increasing wealth and plenty. By their improved culti-
vation, the People may not only be furnished with the
necessaries and delights of life ; but will be able to re-
lieve the wants of other Countrys, where a deficiency may
happen, or where the Inhabitants are so numerous, as to
consume a greater quantity of provisions than their land
commonly produces.

Agriculture merits the attention of Government, as one
of the most essential articles of wise and useful policy.
Happily for Mankind it is a pleasing and healthful em-
ployment. No object of industry is more worthy of our
application, or more suitable to our nature ; and no one

970 1802. — Governor's Messages, Etc.

is more conducive to sobriety and all kinds of virtue. In
every well regulated State, it has been patronized by those
Avho administered the Government. It was respected by
our Ancestors, and it would be unfortunate if their pos-
terit}'' should ever think themselves degraded by an
employment, that is so useful, and so well adapted to
preserve innocence and virtuous manners. The labour
which is emplo3ed in clearing uncultivated lands and
making them productive, is obviously beneficial to the
Publick. It tends, perhaps more than any other, to in-
crease the aggregate po])ulation of the State, which is an
object of great political consequence ; and it must aiford
the most pleasing reiiections to the individual cultivators,
when by their industry, they have turned a wilderness
into a fruitful field.

Since the commencement of the late war, the foreign
demand for provision has amply rewarded the Farmers
industry ; and the ex})ectation of that demand has occa-
sioned uncommon exertions to supply it. In this way we
are indebted to commerce for the increase of industry, as
well as for its recompence. We have hitherto found a
market for any quantity of produce we could raise, be-
yond what was necessary for our own consumption. The
price may be reduced in consequence of the peace in Eu-
rope, and there may hereafter be occasional interruptions
to the demand from abroad, which may produce incon-
veniences. But as our exports, are for the most part,
either articles of food, or materials necessary in the man-
ufactures of other Nations ; there is some ground to ex-
pect, that their price, will generally be in a reasonable
proportion, with that of the commodities for which they
are exchanged.

To guard against the inconveniences I have mentioned,
and to insure a demand for the produce of our soil, which
will not be aflected by external events, and at the same
time to render us less dependent upon foreign Nations, it
is wise yjolicy to encourage our own manufactures. The
dispositions of men are suited to diflerent kinds of indus-
try, and though the pursuits of agriculture are agreable
to a great part of them ; yet some are averse to this sort
of labour ; and others, either from nature or accident are
rendered incapable of supporting it. These however may
be equally useful to the Publick, by employing their tal-
ents in mechanic and manufacturing occupations. Our

1802. — Governor's Messages, Etc. 971

own Country is capable of supplying the materials for
almost every kind of useful manufactures ; and it is our
duty and interest, to derive all the advantage in our power
from this fortunate circumstance.

A vakiable part of the articles exported from this State
is furnished by the Fisheries ; they therefore claim par-
ticular attention. But though, from our situation and
habits, we are most directly interested in their success ;
they will ever appear to be of great importance to na-
tional security, when a system of maritime defence is con-
templated. These and other branches of useful labour,
which have relation to the means of publick safety, will,
we presume, receive from the National Legislature, the
degree of protection and patronage which their importance
requires.

The duties imposed by the General Government on the
importation of foreign articles, operate as a bounty upon
our own manufactures. But still it may be requisite for
the State Government, to do something to encourage this
species of industry ; and even to afibrd pecuniary assist-
ance, to persons who are engaged in introducing new
branches, or in prosecuting those which are eminently
useful. In general however, when a manufacture is es-
tablished, its continuance must depend upon the profits
arising from it ; if they fail to defray the expences, it is
an indication that the labour ought to be applied to a
more beneficial purpose.

The success of manufoctures depends in a great measure
on the manner in which the work is executed. A want
of integrity in the persons concerned must eventually
prove destructive to the branch in which they are en-
gaged ; and when the individuals are numerous, the care-
ful attention of the Legislature will be necessary, to
prevent discredit to a whole class of men by the frauds
of a few. To this end our inspection Laws have been
framed ; and, if carried fiiithfuUy into execution and ex-
tended as there shall be occasion to other objects, will be
of great use in improving the quality of our manufact-
ures, and preventing those deceitful practices which would
destroy their credit.

It has been often said, that our manufacturing estab-
lishments will not succeed, so long as labour is at the
present high price. This observation is not confirmed by
general experience ; for in many instances they are now

972 1802. — Goveknoe's Messages, Etc.

in a flourishing and progressive state. Our domestick
manufactures are also of very great importance, both to
publick and private prosperity ; as they furnish a large
proportion of the necessary articles of cloathing and fur-
niture, they are entitled to every degree of encourage-
ment, and no friend to his Country will despise or under-
value them.

An increase of the manufacturing and commercial Inter-
ests manifestly tends to a flourishing state of agriculture,
by increasing the demand for the surplus produce of the
land. These several interests are mutually dependent,
and there seems to be no cause of jealousy between them.
A wise Government will direct and guard them with an
equal hand. It will be the constant object of such a
Government, to excite and preserve a spirit of industry
among the People, by assisting them to gain a reward for
each kind of labour. Industry may then be left for the
most part to its own direction. The People will divide
themselves into diflerent professions ; Their Descernme'nt
will enable them to make a prudent choice ; and lead
them to pursuits, in which their private advantage and
that of the Publick will concur.

In compliance with your request in the Resolve of the
23d of June, I transmitted to the President of the United
States, a statement of the proceedings concerning the
ordnance and military stores, which belonged to this
Commonwealth, and were taken for the use of the United
States ; and requested payment of the monies due for
them. I received an answer from the President, and
have also received letters from the Secretarys of War
and of the Navy on the same subject. The Council did
not think it expedient to agree to the proposal made on
the part of the United States, and advised me to lay the
papers before the General Court, that they might take
such measures in the case as they might think proper.

Together with those papers, the Secretary will lay be-
fore you a letter which I received from the Attorney
General, inclosing copys of the Eule and Award in the
case of the Commonwealth against the Town of Boston,
concerning the old State House. lie will also deliver
you attested copys of the proceedings, in two cases in
the Supreme Judicial Court holden for the County of
Hancock in June last, which were forwarded to me by the
SoUicitor General that they might be submitted to your
inspection.

1802. — Governor's Messages, Etc. 973

This Session commences with a fair prospect of con-
cord and iiscfuhiess. I hope that nothing will happen to
interrupt the good agreement ; and that we shall prove
ourselves worthy of the confidence which our fellow Cit-
izens have reposed in us ; by endeavouring to secure to
them all the advantages which their situation will admit ;
and by redressing, as far as it is in our power, the evils
of which they may have reason to complain.

CALEB STRONG.

January 14, 1803.

[January Session, 1802.]

Gentlemen of the Senate <& Gentlemen of the House of
Representatives,

Agreeably to your Eesolve of the 23d of June, I have
directed the Secretary to lay l)efore you the Statements
which I have most recently received from the Massachu-
setts, Nantucket, Merrimac, Portland & Essex Banks of
their respective Capital Stocks, of the Debts due to them,
of the Monies deposited in them, their Notes in Circula-
tion, & Cash in hand. The Union Bank is not directed
by Law to make a return unless specially required. No
returns have been received from the Gloucester, Maine,
Beverly, or Lincoln & Kennebec Banks.

The Secretary will also deliver you the Annual Return
of the Militia of this State, which I have received from
the Adjutant General, & also the Quarter Master Gen-
eral's return of the Ordnance, [Ordnance] & Military
Stores the property of this Commonwealth.

I have received a Letter from Mr. Romagne, who is
employed to instruct the Indians of Penobscot & Passa-
maquoddy, requesting that the compensation allowed him
by Government may be encreased. The Secretary will
lay the Letter before you, & I have no doubt but you
will consider his application with as much favor as if he
had known the proper mode of Addressing it.

CALEB STRONG.
Council Chamber, January 19th, 1803.

SPEECHES AND MESSAGES.

1803.

[May Session, 1803.]

Tuesday, May 31.
At 1 2 o'clock the Senators attended in the Representa-
tives' Chamber, when His Excellency the Governor en-
tered, agreeably to assignment, and delivered the following
Speech to the two Branches of the Legislature.

Gentlemen of the Senate ^ and Gentlemen of the House of
Representatives,

We are now entering upon the duties which have been
^assigned to us respectively by our fellow citizens. Per-
mit me on this occasion, to return them my sincere thanks
for the repeated proofs of their esteem and confidence ;
and to assure you. Gentlemen, that I shall cheerfully con-
cur with you in every prudent and salutary measure, for
the preservation of their rights ; the advancement of their
interest ; and the improvement of their minds in wisdom
and virtue.

To you. Gentlemen, the legislative authority of the
Commonwealth is committed. In discharging this im-
portant trust your deliberate reflections will be employed,
to establish such Laws for the welfare of the State as you
may think necessary to support and defend its Govern-
ment ; to protect property ; to cause personal liberty to
be respected ; to improve our system of jurisprudence,
and provide for the impartial interpretation and faithful
execution of the laws.

An equal administration of Justice is indispensably
requisite to preserve the peace of the State, and the rights
of the citizens. Impressed with the importance of this
object, the framers of the Constitution were particularly
solicitous to ensure the independence of the Justices of

976 1803. — Goveknoe's Messages, Etc.

the Supreme Judicial Court ; so that in their legal de-
cisions they might be in no danger of partiality from
motives of private interest. It is therefore provided by
that Instrument, not only that they shall hold their offices
during good behaviour, but that permanent and honorable
salaries shall be established by law for their support. A
law was indeed passed for this purpose, but the compen-
sation being found inadequate, the Legislature for a series
of years have made an annual grant to the Judges to make
good the deficiency. If their stated salaries shall still ap-
pear to be insufficient for their honorable support, will it
not be more conformable to the Constitution, to increase
the allowance by an Act without a determinate limitation,
than by Resolves which operate but for a single year, and
which render the highest Judicial Court dependent annu-
ally, for a part of their subsistence, upon the good will of
each branch of the Legislature ?

Since the last session of the General Court, I have re-
ceived a letter from the President of the United States,
which will be laid before you by the Secretary, and which
enclosed a copy of the lieport of a Committee of the
House of Representatives of the National Government ;
in which the President is requested to write to the Execu-
tive of each State, urging the importance and indispens-
able necessity of vigorous exertions on the part of the
State Governments, to carry into effect the Militia sys-
tem adopted by the national Legislature, agreeably to the
powers reserved to the States respectively by the Con-
stitution of the United States. Perhaps the Militia of
this Commonwealth was never in a more respectable con-
dition than at present. But if any measures can be taken
to carry the system into more complete effect, I have no
doubt of your disposition to adopt them. Indeed it will
always be necessary for us to cultivate the military art,
not to enable us to commit outrages with impunity, but
to defend ourselves against the attempts of unprincipled
and ambitious men, who consider all means as lawful that
promote their ends, & who make their glory consist in
spreading misery through the World.

In pursuance of the Resolve of the 23d of last June for
selling the powder Magazine in Boston, and erecting two
others out of the town, a peice of land in Roxbury, being
the principal part of the Island called Pine Island, has
been purchased for the use of the Commonwealth, & a

1803. — Goveknor's Messages, Etc. 977

Magazine erected thereon. It is proposed to erect the
other with the materials of which the Magazine in Boston
was constructed, as soon as a suitable plat of ground can
be obtained for the purpose. This course is thought to
be most advantageous for the State, and will be pursued,
if it is not disagreeable to the Legislature.

The Treasurer will prepare for your inspection a state-
ment, containing a general view of the debts of the Com-
monwealth, and the sources of supply to the Treasury.
I hope upon comparing the funds and revenues of the
State with the necessary expences, you will find that
provision may be made for the payment of part of the
remaining debt in the course of the present year, without
exposing the Treasury to embarrassment.

Other circumstances of which it may be proper that you
should be imformed, or to which your attention should be
invited will probably [be'] the subjects of particular mes-
sages.

The Constitution of the State forms a common interest
among the people, and is designed to unite them in those
friendly sentiments that make Society tranquil and happy.
It secures to every man in the Commonwealth an equal
claim to social advantages ; every man therefore, however
limited his sphere of action, should contribute all in his
power to the public good. The members of the Govern-
ment will on their part think themselves obliged to en-
courage by their example a love of order and respect for
the laws ; to endeavour to remove the grounds of dis-
cord and misunderstandino; amono; their fellow citizens,
and cement friendship between them ; and to exhibit such
patterns of purity in manners, and rectitude of conduct,
as shall tend to promote the practice of religious, moral
and social duties among all classes of the people.

CALEB STRONG.

May 31st, 1803.

[May Session, 1803.]

Gentleinen of the Senate, and Gentlemen of the House of
Representatives,

I have directed the Secretary to lay before you a state-
ment of the Treasury on the first day of June instant, which
I have this day received from the Treasurer ; and also a

978 1803. — Governor's Messages, Etc.

Report of the proceedings of the Committee appointed,
by a Resolve of the General Court, to make sale of the
Commonwealth's" part of the old State House.

CALEB STRONG.

Council Chamber, June 4th, 1803.

[May Session, 1803.]

Gentlemen of the Senate, & Gentleinen of the House of
Representatives,

Immediately after the Resolve of the 15th of last Feb-
ruary was passed, for terminating the disputes respecting
the boundary line between this Commonwealth and the
State of Connecticut, I wrote to the Governor of that
State, proposing a compromise on the terms mentioned in
the said Resolve ; a copy of which 1 inclosed. Last even-
ing I received a letter from His Excellency Governor
Trumbull, inclosing a copy of a Resolve of the Legislat-
ure of Connecticut, passed at their present session, which
will be laid before you by the Secretary ; and by which it
appears, that that State doth accede to the compromise
proposed on the part of this Commonwealth, as above-
mentioned.

You will perceive. Gentlemen, the necessity of appoint-
ing Commissioners on the part of this State, to meet the
Commissioners appointed by the State of Connecticut,
and in conjunction wdth them to complete the running
and demarkation of the boundary line between the towns
of West Springfield, Sou'thwick, Granville, Southfield,
New Marlborough, Sheffield and Mount Washington in
this Commonwealth, and the towns adjoining them in the
State of Connecticut.

CALEB STRONG.

Council Chamber, June 7th, 1803.

[January SesBion, 1803.]

State-House, Friday, January 13.
The Senators and Representatives convened in the
Chamber of the latter, agreeably to assignment, and at
12 o'clock His Excellency Governor Strong entered, and
delivered the following Speech :

1803. — Governor's Messages, Etc. 979

Gentlemen of the Senate, and Gentlemen of the House of
Rep resentatives ,

At your former session, the season of the year pre-
vented your prosecuting the consideration of divers sub-
jects which you thouo'ht worthy of your notice, in particu-
lar the state of the Judicial department. I presume that
those subjects will now be taken up, and receive the de-
gree of attention they respectively deserve ; and I trust
that your deliberations on these and other matters that
may come before you, will terminate in such measures
as shall tend to promote the ease and happiness of the
people.

Since our last meeting the situation of affairs in Europe
is materially changed. A new war has been kindled
between those nations with whom we have the greatest
intercourse ; and we are again constrained by the princi-
ples both of humanity and religion, to lament the misery
it must occasion; even if our own pecuniary interest is
promoted by it. Indeed there may be a rapid increase
of wealth without any addition to the public happiness ;
for riches, by their influence on the manners of the people,
have sometimes proved extremely injurious to their virtue
and safety. So long however as we claim and possess the
advantages of a neutral character, it is our duty to abstain
from all contraband commerce with the belligerent nations.
If we attempt to convey warlike stores to either of them,
or stores of any kind to a beseiged place, we falsify the
character we assume, and have no reason to complain if
our property is seized and considered as lawful prize.

But in whatever manner our interest or private feelings
may be afiected by the events that take place in Europe,
the National Government is exclusively authorized to
regulate our foreign affairs, & guard against those proj-
ects of other nations which may be thought injurious to
the honor or dangerous to the safety of the United States.
We are therefore at liberty, as members of this Govern-
ment, to direct our whole attention to those points which
concern the internal welfare and prosperity of the Com-
monwealth.

The respective States are indeed authorized by the
Constitution to appoint Officers, and train the Militia
according to the discipline prescribed by Congress ; and
the faithful execution of this trust in each State is impor-

980 1803. — Governor's Messages, Etc.

tant, not only to itself, but to every other ; it is particu-
larly so when the great powers of Europe are at war.
This subject was suggested at the former session, and you
will now have more leisure to attend to it. A law of
Congress requires, that there shall be one Brigade Quarter
Master to each Brigade, and one Chaplain to each Kegi-
ment of the militia ; but no directions have been given in
what manner they shall be appointed. Nor is there any
express provision by our militia law for the removal of a
noncommissioned OflScer who is guilty of misbehaviour,
or is incapable of performing his duty, excepting in the
case of his receiving orders to warn a meeting: of the com-
pany, and neglecting to do it ; he is then subject upon
conviction to pay a fine, and to be reduced to the ranks.
This silence of the Statute concerning any other mode or
cause of removal, has, I am informed, occasioned dis-
agreeable disputes, which you will probably think it ex-
pedient to prevent in future. There has also in some
instances been much difficulty in obtaining the service
of a suitable person as Judge Advocate in trials before
Courts Martial, as the disputes in those cases are often
between Officers, and of a delicate nature, and the
appointments are occasional, and the service voluntary.
Perhaps you will deem it proper to remedy this incon-
venience, by making provision by law for the appoint-
ment of a Judge Advocate as a permanent Officer in each
division. Other amendments of the system may occur to
you. Gentlemen, which are of greater importance, and
would more essentially tend to advance the reputation
and good order of the Militia.

Such progress has been made in building the State
Prison, that you may think fit in the course of the present
session, to assign it as the place for the reception and
confinement of Convicts who are sentenced to hard
labour ; & to establish regulations concerning the ap-
pointment and conduct of the Keeper, and the manner
in which prisoners shall be restrained and supported. In
almost every Country there have been complaints, that the
confinement of prisoners has been attended with unneces-
sary rigour. That the gaolers have been chargeable with
severity and extortion, and that the want of cleanliness has
rendered the prisons so unhealthy as to endanger the lives
of persons confined in them. But as the management of
the State prison, and the conduct of the Superintendent

1803. — Governor's Messages, Etc. 981

will always be under the immediate inspection of the
Government, I hope there will never be any cause for
such complaints, from the manner in which this establish-
ment shall be conducted.

It seems to be agreed, that the power of pardoning
offences after conviction, includes the right, of granting
pardons upon condition that the offenders shall be con-
fined to hard labour during a specified term. This power
has therefore been so exercised from the commencement
of the Government under the Constitution, and in some
cases has been found highly useful, in order that justice
might be administred in mercy. It is impossible for the
wisdom of man to make general laws so perfect, as to suit
every particular case. A few crimes only are made cap-
ital by our laws, but the degrees of guilt in persons con-
victed of the same crime, may be so different as to render
it fit & necessary to make a difference in the punishment,
and to soften the rigour of the law when favourable circum-
stances appear in the criminal's case. The man who enters
unarmed into a dwelling house in the night time, and steals
to satisfy his hunger, is obviously less criminal than he,
w^ho breaks it for the purpose of rifling the house, and
arms himself with design to destroy the life of the owner
if he obstructs him. In the first case the offence seems
to be little more than simple larciny, and the punishment
of death would only excite compassion for the delinquent ;
in the latter, the offender discovers a most depraved and
malignant spirit, and his life would be thought dangerous
to society.

While the Castle remained in possession of this State,
it was employed for the confinement of convicts, who at
their own request had received a conditional pardon. If
it shall be thought proper to make use of the State prison
for the same purpose, it may be necessary by a legislative
act to authorize and direct the Sheriff who has an offender
in his custody, upon receiving a certificate in writing from
the Secretary, that such offender is allowed the benefit of
a pardon upon condition of his confinement to labour at
the State prison, to remove him thither ; and to direct the
Superintendent to receive and retain him in prison, under
such regulations as shall be prescribed for the restraint
and employment of Convicts, untill the term of his im-
prisonment shall expire, or until he shall be otherwise
entitled to his liberty.

982 1803. — Governor's Messages, Etc.

The robberies that have been lately committed in this
neighbourhood, have caused great anxiety and alarm to the
good people ; and seem to require that some further meas-
ures should be t:Hken by the Government to prevent the
repetition of such high crimes, or to bring the perpetra-
tors of them to punishment. Permit me to suggest to
your consideration, whether it will not be expedient, by
an Act of the Legislature, to oiFer a reward to any person
who shall apprehend any robber, and prosecute him till
he be convicted of the robbery. And also to declare, that
if any {)erson has committed, or shall hereafter commit a
robbery, and being out of prison shall afterwards discover
one or more who has been or shall hereafter be guilty of
any robbery, so that he or they may be convicted thereof;
such discoverer shall be entitled to a pardon for all rob-
bery which he shall have committed before such discovery
was made.

In conformity with the resolve of the 5th of last March,
I wrote to the Secretary of War, proposing that the de-
mand of this Commonwealth against the United States,
for the ordnance and military stores delivered for their
use, should be referred in the manner recommended by
that resolve. In his answer the Secretary declined the
proposed referrence, and adhered to the proposition he had
before made, that there should be a new appraisement
of the ordnance and stores, excepting the Cannon that
were delivered for the Ship Constitution, and those deliv-
ered with the Castle, from which the trunnions had been
broken off, which he refused, to consider as the property
of the United States. By advice of the Council I ac-
ceded to this, on condition that the estimate should have
relation to the time when the articles were delivered, &
that interest should be allowed on the appraised value.
He soon after informed me, that he had directed the ap-
praiser appointed by him to attend to the business, and
observed, that he could not undertake to give a positive
opinion on the subject of interest, but that whatever had
been the usual practice at the Treasury in similar cases
would undoubtedly be done. The articles not objected
to were appraised at 21,336 Dollars & 87 Cents, the
apprisers certifying that they were of that value when
delivered ; and I requested the Secretary of War, if he
consented to the payment of interest, to pay the whole
amount to the Treasurer of this State. He has lately

1803. — Governor's Messages, Etc. 983

enclosed to me a report from the accountant of the War
Department, stating, that our claim of interest is inad-
missible, unless specially granted by Congress. He also
informed me, that the Treasurer of the United States had
been directed to pay the principal sum to the Treasurer
of this State. The papers relative to this subject will be
delivered to you by the Secretary.

A copy of an article of amendment proposed by Con-
gress to be added to the Constitution of the United States,
respecting the election of President and Vice President,
has been transmitted to me by the President of the United
States and will be laid before you.

I have also received from the Department of State, three
boxes, supposed to contain eleven hundred and five copies
of the laws of the United States. They are deposited
in the Office of the Secretary of the Commonwealth to
be disposed of as the Legislature shall direct.

That I may detain you, Gentlemen, no longer at this
time, I will communicate by message any other circum-
stances of which I may be informed, that shall have a claim
to your notice ; and I flatter myself that during the ses-
sion we shall cherish sentiments of mutual friendship &
respect, and not suffer personal disagreement or party
interest to divert us, in any instance, from the practice
of those duties which we owe to the public, and to one
another.

CALEB STRONG.

Boston, January 13th, 1804.

[January Session, 1803.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives^

I have directed the Secretary to lay before you a report
from the Commissioners appointed in pursuance of a
Resolve of the 21st of June last to examine & compare
the Weights and Measures, which the Treasurer was di-
rected to procure.

By the Constitution of the United States, Congress are
empowered to fix the standard of Weights and Measures.
— But until they think proper to excersise that power it
must of necessity remain in the Goverments of the sev-
eral States.

In addition to the circumstances mentioned in the Report

984 1803. — Governor's Messages, Etc.

the Commissioners have suggested to me, that in their
opinion it is proper to require that the several Banks in
the Commonwealth shall yearly compare and regulate
their Weights by the standard Weights in the Treasury
— They have also mentioned some other amendments of
the Law on this subject which will probably occur to
you from attending to it — If the Improvements they
recommend, shall recieve your approbation, you will con-
sider the expediency of passing a Law for the sole pur-
pose of regulating Troy Weights.

CALEB STRONG.

Council Chamber, January 14, 1804.

[January Seesion, 1803.]

Gentlemen of the Senate & Gentlemen of the House of
Representatives,

The Secretary will lay before you the annual return of
the Adjutant General of the militia of this State, and a
letter from the Quarter Master General, together with
his return of the Ordnance & military stores, & the state
of the Gun Houses in the Commonwealth.

I have directed the Quarter Master General to receive
the warlike stores that are now at Fort Independence,
the property of this Commonwealth, and the Ordnance
and Ordnance stores that were loaned for the use of the
Ship Constitution, which are mentioned in his letter, and
to deposit them in the Arsenal of the Commonwealth.
The other parts of the letter relate to subjects upon
which the Legislature only can decide.

CALEB STRONG.
Council Chamber, January 19th, 1804.

[January Seseion, 1803.]

Gentlemen of the Senate, and Gentlemen of the House of
Representatives,

By a Resolve which passed the 23d February 1801,
the Governor was requested to provide for the support
and education of Levi Konkapot, an Indian Boy for three
years, from that date — He has be[enj supported at the
Academy at Andover, and if it is the wish of the General

1803. — Governor's Messages, Etc. 985

■Court, that after the expiration of the above any further
provision shall be made at the public expence for his sup-
port and Education, it will be necessary to express it.

CALEB STRONG.

February 7, 1804.

[January SeBBion, 1803.]

Gentlemen of the Senate^ & Gentlemen of the House of
Representatives,

The Secretary will deliver to you the Report of the
Commissioners appointed by an Act passed on the 22d of
last June, to complete the running and demarkation of
the boundary line between this Commonwealth and the
State of Connecticut, west of Connecticut river. It will
give you pleasure to know that the disputes concerning
that line, which have heretofore occasioned much anxiety
and expense to some of the towns and individuals border-
ing upon it, are amicably settled.

CALEB STRONG.
February 14, 1804.

INDEX.

Page

Abbot, Abiel, relating to 278

Amos, relating to 935

Dudley, relating to 261

Jacob, resolve on petition of 421

John, relating to 526, 936

John L., relating to 526

Lemuel, relating to 291

Moses, relating to 935

Nehemiah, relating to 526

Keuben, Jr., relating to 935

Reuben, Senr., relating to 935

Abbotstown (No. 1 in county of Kennebeck), plantation of, incorpo-
rated as town of Temple 480

Abercrombie, Isaac, relating to 290

Abington, town of, account allowed for support of poor . . 449, 948

company of light infantry to be raised in .... 440

Academies, trustees of, to receive sets of maps of the Commonwealth 363

Academy, Berkshire, name changed to Lenox Academy . . . 468

Berkshire, trustees of, incorporated 153

Blue Hill, established 296

Blue Hill, grant of land to trustees of 846

Bradford, established 589

Derby, grant of land to 847

Franklin, name of free school in North Parish in town of

Andover, changed to 486

Gorham, established 231

Gorham, grant of land to trustees of 849

Hampden, established 254

Hampden, grant of land to trustees of 846

Hebron, established 591

Lincoln, grant of land to trustees of .... 375, 410

Marblehead, act in addition to act incorporating trustees of . 69

Sandwich, established 608

Accounts, committee on, allowance to . . . 373, 436, 859, 930

report of, roll No. 47, accepted 382

report of, roll No. 48, accepted 449

report of, roll No. 49, accepted 864

990

Index.

Accounts, committee on, report of, roll No. 50, accepted .

to make allowances to Benjamin Fairbanks and others
Accounts, treasurer's, committee appointed to adjust

for county of Barnstable, allowed

for county of Berkshire, allowed

for county of Bristol, allowed .

for county of Cumberland, allowed .

for county of Dukes County, allowed

for county of Essex, allowed .

for county of Hampshire, allowed .

for county of Hancock, allowed

for county of Kennebeck, allowed

for county of Lincoln, allowed .

for county of Middlesex, allowed

for county of Norfolk, allowed . . .

for county of Plymouth, allowed

for county of Suffolk, allowed .

for county of Washington, allowed .

for county of "Worcester, allowed

for county of York, allowed
Accounts of agents for building state house, allowed
Acts, private and special, to be published .
Adams, town of, account allowed for support of poor
Adams, Barnabas, relating to . . . .

Daniel, relating to

Daniel E., relating to ....

Devenport, relating to ... .

John, Jr., account allowed

Mary, relating to

Samuel, relating to

Dr. Samuel, account allowed .

Solomon, to issue warrant

Thomas, relating to

Adams & Rhoades, account allowed .
Address, of the house of representatives, in reply
speech

of the legislature, relative to removal from
Theophilus Bradbury ....

of the senate, in reply to governor's speech

Page

. 948

. 911

. 927

420, 913

415, 913
369, 850

419, 913
372, 840
418, 913
410, 913

. 418
419,914
415,914
366, 845

416, 913
. 358

436, 913

420, 914
409, 913
416, 913

861

408

382, 449, 864, 948

506

754

739

106

955

251

555

388

521

450, 949

458, 957

to governor's

354, 390, 831, 874
office of Hon.

. 856
356, 389, 833, 872

Adjutant General, message of governor transmitting to legislature

return of 973, 984

Agents for building state prison, grant to 941

Agents for sale of eastern lands, directed to settle differences be-
tween proprietors of Buckfleld and town of Hebron . . 860

resolve on report of 421

to ascertain lines of Pejepscot claim 858

to give deeds of the lands mentioned 379

to sell the land mentioned 364

Index. 991

Page

Agry, David, relating to 46

Thomas, relating to 46, 684

Agur, Peter, relating to 951

Aiken, Solomon, relating to 175

Akers, John, and others, resolve on petition of 849

Albany, town of, incorporated 482

resolve on petition of selectmen of 914

Alden, Appoles, relating to 665

John, relating to 307

Joshua, trustee, appointed 76

Peter Oliver, and others, resolve on petition of . . . 882

Aldrich, Jesse, relating to 305

Peleg, relating to • . . . 305

Alewife fishery, in town of Woolwich, act in addition to act regulating 121
in brook running out of Wakepee pond in plantation of

Marshpee, act in addition to act regulating . . . 160

in Johnston's brook in town of Bradford, regulated . . 116
in Mattapoiset river in town of Rochester, act in addition to

acts regulating 137

in streams emptying into Merrimack river in town of Haver-
hill, regulated 94

in streams leading from Ipswich river to Prichard's pond in

town of Topsfleld, regulated 88

in town of Boxford, regulated 680

in towns of Lynn, Lynnfleld, and Reading, act in addition to

act regulating 736

Alewife and shad fishery, in town of Middleton, regulated . . 9
in Miles river in towns of Wenham, Hamilton, and Ipswich,

regulated 779

in Mistick river in town of Medford, X'egulated . . . 146
in towns of Rehoboth and Swanzey, regulated . . . 701
Alewife, salmon, and shad fishery, in Merrimack river, act in addi-
tion to act regulating 81

Alford, town of, account allowed for support of poor . . . 449

Alford, Love, relating to 640

Alger, Benjamin, relating to 791

Daniel, relating to 791

Ebenezer, relating to 791

Israel, relating to 791

Joseph, relating to 791

Nathan, relating to 791

Nathan, 2d, relating to 791

Willis, relating to 791

Allen, Daniel, relating to 251

Ephraim W., account allowed 957

Gideon, relating to 648

James, relating to 36, 295

John, relating to 450, 712, 949

992 Index.

Page

Allen, John, Jr., relating to 712

Eev. Jonathan, relating to 589

Rev. Jonathan, trustee, appointed 690

Dr. Joseph, relating to 382

Loyal W., relating to 648

Nathaniel C, account allowed 456

Nathaniel C, trustee, appointed 471

Nathaniel Coit, relating to 660

Phineas, account allowed 459

Phlnehas, account allowed 957

Thomas, relating to 36, 163

Allen & Barnard, account allowed 459

AUis, John, relating to 290

Alvord, Elijah, 2d, account allowed 466, 955

Ambler, Christopher, relating to 963

Ambourlain, John, authorized to take the name of John A. Brimmer . 16

Ambuler, Christopher, relating to 464

Ames, Amos, account allowed 868

Benjamin, relating to 626

Nathaniel, relating to 791

Amesbury, town of, account allowed for support of poor . . 383, 864

Amory, Thomas C, relating to 212

Thomas, and others, authorized to call meeting . . . 106

Amoskeag Falls, lottery granted for completing locks and canals at . 792

Anderson, Abraham, trustee, appointed 666

Francis, relating to 166

Jacob, relating to 261

John, relating to 46, 166

Robert, and others, resolve on petition of ... . 886

Andover, town of, account allowed for support of poor . . . 449

doings of, confirmed 367

name of free school in North Parish in, changed to Franklin

Academy 486

Andrew, George, and wife, relating to 866, 951

Andrews, Asa, relating to 184

Elijah, relating to 51

Elisha, relating to 106

John, authorized to take the name of John Hichborn Andrews 738

John, relating to 640

Rev. John, relating to 732

Joseph, estate of 942

Nancy, resolve on petition of 942

Samuel, relating to 291

Silas, relating to 791

Thomas, relating to 942

Andrews & Thomas, account allowed 957

Andi'os, John, relating to 911

Anson, town of, part of valuation and state tax abated . . . 912

Index. 993

Page
Appleton, Charles, authorized to take the name of Charles Hender-
son Appletou 738

Daniel, relating to 251

John, relating to 145

John, Jr., authorized to take the name of John Sparhawk

Appleton 738

Nathaniel, authorized to take the name of Nathaniel Walker

Appleton 738

Nathaniel, estate of 428

Nathaniel Walker, relating to 427

Sarah, resolve on petition of 427

Thomas, relating to 251

Apthorp, Charles, relating to 851

Charles Ward, relating to 851

James, relating to 851

John, relating to 851

Lucy, relating to 851

Mary, relating to 851

Archbald, Catharine Powell, authorized to take the name of Catha-
rine Goldthwait Powell 521

Francis, relating to 521

Army, Continental, relative to proof of service required to secure

land grants to soldiers of 446

resolve respecting grants of lands or money to soldiers of,

continued 944

Arnold, Prince, relating to 954

Artillery, company of, to be raised in third division of militia • . 908

to be raised in seventh division of militia .... 398

to be raised in eighth division of militia 887

to be raised in tenth division of militia 445

Ash, Henry, relating to 450

Nathll., relating to 935

Nathaniel, relating to 936

Benjamin, Jr., relating to 935

Ashby, town of, account allowed for support of poor . . . 864

Ashley, David, Jr., relating to 648

James, relating to 305

Ashton, Jacob, relating to 184

Assistant clerk of the house of representatives, allowance to 381, 447,

861, 939, 943
Assistant clerk of the senate, allowance to . . 382, 447, 864, 939, 943

Asylum, Boston Female, incorporated 166

Athens, town of, incorporated 795

Atherton, Elijah, and wife, resolve on petition of ... . 861

Kuth, estate of 861

Athol, town of, fine remitted 360

part of, set off and annexed to town of Royalston . . . 256

resolve remitting fine upon, repealed 363

994 Index.

Page

Atkins, Peter, relating to 305

Atkinson, Humphrey, relating to 144

John, relating to 145

John, Jr., relating to 144

Joseph, relating to 144

Theodore, relating to 145

Thomas, relating to 145

Attleborough, town of, account allowed for support of poor . . 864
act amending act establishing Franklin School in South Parish

in 587

Franklin School established in 18

Attorney General, allowance to 426

authorized to cancel the contract mentioned .... 448
directed to discharge Henry Jackson and Royal Flint from

suit on contract for purchase of Eastern lands . . 946

grant to 414

resolve on representation of 940

Atwater, Henry, authorized to take the name of Jedediah Smith

Atwater 738

Atwood, Hezekiah, relating to 52

Phineas, relating to 52

Augusta, town of, certain inhabitants of, incorporated into the First

Baptist Society in Eeadfield 36

road between town of Bangor and, to be laid out . . . 371

Augusta, Hallowell and. Bank, president, directors, and company of,

incorporated 684

Augusta, Wiscasset and. Turnpike Corporation, incorporated . . 155

Austin, Aaron, commissioner, appointed 897

Calvin, relating to 886

Nathaniel, Jr., and others, resolve on petition of . . . 925

Ruth, relating to 949

Avery, John, Secretary of the Commonwealth, pay established . 365

Miles, relating to 51

Ayer, James, account allowed 955

James, Jr., brigade major, account allowed .... 386

Philip, relating to 649

Timothy, relating to 649

Ayers, James, brigade major, account allowed 868

James, Jr., account allowed 455

Ayrault, Nicholas, relating to 123

Babbit, Gideon, relating to 182

Baccon, Ebenezer, relating to 455

Back river bridge, proprietors of, incorporated . . . . . 468

Bacon, Asa, relating to 739

Daniel, relating to 740

Index. 995

Page

Bacon, Daniel, Jr., relating to 740

Ebenezer, to issue warrant Hi

Gideon, relating to 588

Badger, Stephen, relating to 61

Bagley, Abner, relating to 307

John, relating to 201

Bail, in civil actions, act in addition to act regulating . . . 733

Bailey, Jeremiah, relating to 155, 555, 746

Baker, Ebenezer, set oflf from town of Sharon and annexed to town

of Walpole 620

Enos, relating to 290

George, grant to 882

Ichabod, relating to 151

Joseph, relating to 425

Josiah, relating to 51

Smith, resolve on petition of 916

Balden, Rev. Jonathan, relating to 151

Baldwin, town of, incorporated 14

Baldwin, Ezra, relating to 123

Rev. Thomas, chaplain to the house of representatives, allow-
ance to 938

Balkam, John, account allowed 949

Ball, Samuel, relating to 936

Ballard, Ephraim, relating to 435

Bailey, Thomas, relating to 453

Bancroft, Ebenezer, relating to I75, 582

Ebenezer, Jr., relating to I75

Enoch, relating to 123

John P., relating to 459 .

Jonathan, relating to I75

Saml., relating to 453

Samuel, relating to 952

Bangor, town of, road between town of Augusta and, to be laid out . 371

Bangs, Edward, and Samuel Flagg, resolve on petition of . . 896

Sylvanus, relating to 649

"William, relating to 144

Bank, Bedford, act in addition to act incorporating president and

directors of 679

Bedford, president, directors, and company of, incorporated 246
Beverly, president, directors, and company of, incorporated . 40
Boston, committee appointed to adjust interest of the Com-
monwealth in 855

Boston, president, directors, and company of, incorporated . 212

Boston, resolve on petition of president and directors of . 910
Boston, treasurer empowered relative to deposits in . .910

Essex, relative to 973

Hallowell and Augusta, president, directors, and company of,

incorporated 684

996

Index.

e the

ated

George, iucor

Bauk, Lincoln and Kennebec, president, directors, and company of,

incorporated

Maine, president, directors, and company of, incorporated
Marbleliead, president, directors, and company of, incorporated

Massachusetts, relative to

Merrimac, relative to

Nantucket, relative to

Nantucket Pacific, president and directors of, incorporated
Newburyport, president, directors, and company of, incorpo

rated

Northampton, act in addition to act incorporating president

directors, and company of

Northampton, president, directors, and company of, incorpo

rated

Plymouth, president, directors, and company of, incorporated

Portland, relative to

Saco, president, directors, and company of, incorporated
Salem, president, directors, and company of, incorporated
Union, act in addition to act incorporating president and

directors of

Union, relative to

Union, treasurer empovpered relative to deposits in
Worcester, president, directors, and company of, incorporated
Banks, in the Commonwealth, governor requested to lay befor
Legislature statements of .
message of governor transmitting to Legislature returns
relative to returns from
statements to be obtained from
Bannister, Liberty, account allowed .
Bantroft, John "W., and wife, relating to
Baptist Keligious Society in Warren, Gushing, and St

porated ....
Baptist Society, in Brunswick, incorporated
in New Gloucester, incorporated
in New Salem, incorporated
in Templeton, incorporated
Baptist Society, First, in Bridgewater, incorpor
in Buxton, incorporated
in Charlton, incorporated .
in Great Barrington, incorporated
in Readfleld, incorporated,
in Standish, incorporated .
Barber, Robert, relating to .
Zachariah, relating to
Bardwell, Reuben, resolve on petition of
Barker, Joseph, relating to .
Joseph, to call meeting
Josiah, relating to . . .

Page

45
21

703
973
973
973
674

312

476

176
567
973
269
257

15
973

910
721

380
973
298
393
455
950

540

161

295

305

688

791

144

739

525

450, 865, 949

582

847

284, 703

707

674

Index. 997

Page

Barker, Robert, relating to 383

Stephen, relating to ........ . 526

Barlow, Edmund, relating to 123

Barnai'd, Allen &, account allowed 459

Barnard's township No. 1, with additional strip of land, incorporated

as town of Madison 727

Barnes, Allen, relating to . . 648

Moses, empowered to execute deed of land mentioned . . 392
Barney, Jonathan, authorized to take the^name of Jonathan^Jenkins

Barney , , 301

Barnstable county, accounts of treasurer]allowed and tax granted 420, 913

Barre, town of, account allowed for support of poor 383, 449, 865, 949

Barrett, Charles, act in addition to actj_empowering, to open a canal 81

Daniel, authorized to make a turnpike road in town of Camden 3 £32

Barter, John, relating to 540

Moses, relating to 540

Bartlet, Dr. Josiah, account allowed 948

William, relating to 184

Bartlett, Bailey, account allowed 458, 957

Bailey, relating to 498

Bailey, trustee, appointed 590

Dr. J., account allowed 449

John, relating to 451

Joseph, relating to 774

Roger, relating to 739

William, relating to 263

Barton, William, relating to 867, 953

Bass, Abraham, relating to 383, 450, 865, 949

George, account allowed 955

Henry, relating to 698

Basset, Wm., relating to 791

Bassett, Joshua, relating to 19

Stephen, trustee, appointed 609

Batchelder, Hannah, relating to 251

Nathaniel, relating to 184, 251

Bates, Daniel, and others, to call meeting 551

David, relating to 740

Eli, relating to 290

Natha., relating to 123

Thomas, relating to 716

Bath, town of. Congregational Society in, incorporated . . . 596

Battes, Mary, relating to 951

Battis, John, relating to 866, 951

TVIary, relating to 451, 866

Baxter, Daniel, relating to 698

John, relating to 754

Bayley, Thomas, relating to 698

Baylies, Thomas S., relating to 182

998 Index.

Page

Beal, Samuel, relating to 588

Beals, John, account allowed . 955

Thomas, relating to 459

Bean, Ebenezer, relating to 935

James, relating to 934

John, heirs of, relating to 934

John, relating to 935

Samuel, relating to 934

Bearce, Asa, relating to 601

Asa, Jr., I'elating to 601

Charles, relating to 601

Cornelius, relating to 601

Job, relating to 601

Levi, relating to 601

Beard, Thomas, relating to 869

Beau champ & Leverett, relating to 428

Becket, town of, act amending act incorporating First Congrega-
tional Society in 7

Becket Turnpike Corporation, incorporated 506

Beckmore, John, relating to 540

Sedate, relating to 540

Beddint, Jesse, relating to 453

Bedford Bank, act in addition to act incorporating president and

directors of 679

president, directors, and company of, incorporated . . 245
Beef exported from the Commonwealth, act in addition to act rela-
tive to inspection of 27

act in addition to and repealing part of act regulating inspec-
tion of 741

Beggars, rogues, vagabonds, etc., act in further addition to act for

suppression of 29

Belchertown, town of, account allowed for support of poor 383, 449, 949

Belchertown and Greenwich Turnpike Corporation, incorporated . 82

Belfast, town of, notary public to be appointed in ... . 352

Belfast sluice, proprietors of, incorporated 564

Benevolent Society, Portland, incorporated 130

Benner, Margaret, relating to 449, 948

Benson, John, relating to 61

Bent, Lemuel, relating to 553

Capt. William, relating to 554

Benterodt, John W., and wife, relating to 451

Berkshire Academy, name changed to Lenox Academy . . . 468

trustees of, incorporated 153

Berkshire and Hampshire counties, act in addition to act changing

time of holding courts in ...... . 241

committee for the sale of lands in, to render report . . 432

time of holding courts in, changed 12

Berkshire county, accounts of treasurer allowed and tax granted 415, 913

Index.

999

Page

Berkshire county, additional notary public to be appointed for . 352

agent on unappropriated lands in, appointed .... 843

agents authorized to make sale of unappropriated lands in . 904

relative to court of general sessions of the peace in . . 470

Bernardston grant, doings of proprietors of, conflrmed . . , . 372

Berry, Jonathan, relating to 144

Josiah, relating to 649

Samuel, relating to 144

Thomas, Jr., relating to 144

Timothy, relating to 525

"William, relating to 305

Berwick, town of, account allowed for support of poor . . . 450

Besse, Joshua, Jr., and others, resolve on petition of . . . 379

Beuel, Elijah, relating to 948

Beverly, town of, account allowed for support of poor . . 450, 949

Third Congregational Society in, incorporated . . . 250

Beverly Bank, president, directors, and company of, incorporated . 40

Beverly Iron Works Company, Danvers and, incorporated . . 561

Beverly, William, relating to 952

Beverstock, Daniel, relating to 855

Bickford, Joshua, relating to 936

Biddeford, town of, doings of, made valid 352

relative to pews in First Parish in 74

Bidwell, Barnabas, relating to 153

Barnabas, superintendent, appointed 940

Barnabas, to issue warrant 53

Bigelow, Daniel, relating to 120

Timothy, allowance to 909

Timothy, commissioner, appointed 897

Timothy, relating to 175, 387, 412

William, relating to 642

Biggs, Frederic, relating to 952

Biglow, Timothy, commissioner, appointed 504

Billerica, town of, account allowed for support of poor . . 450, 949

Billings, David, relating to 290

John, relating to 290

Joseph, account allowed 955

Joseph, relating to 290

Samuel, relating to 51

Silas, relating to 290

William, relating to 607, 848

Bingham, William, relating to 469, 795

Birchard, James, Jr., relating to 506

Bird, Jerusha, relating to 865, 950

Thomas, relating to 690

Bishop, Nathaniel, relating to 153

Bixbe, Moses, relating to 506

Black, James, and Daniel Parmenter, allowance to . . . . 836

1000 Index.

Page

Blackley, John, relating to 382

Blacklor, William, relating to 703

Blade, Charles, relating to 459, 869

Blaisdell, A bner, relating to 935

Paul, relating to 936

Blake, Andrew, relating to 161

Francis, relating to 721

George, relating to 148

James, relating to 582

Martin, and James T. Loring, resolve on petition of . , 399

Mary, relating to 400

Blakely, Freeman, relating to 864, 948

Blanchard, Benjamin, adjutant, account allowed .... 456
George, brigade major, account allowed .... 455, 955

Oliver, relating to 716

Blancber, Deborah, relating to 385

Blandford, town of, account allowed for support of poor . 450, 949

Blandin, Noah, relating to 19

Blaney, Joseph, resolve on petition of . ' 446

Lydia, relating to 889

Blaver, William, relating to 454

Blin, William, relating to 51

Bliss, Alexander, relating to 148

David, relating to 867

Ebenezer, relating to 290, 716

Gains, relating to 716

George, allowance to 909

George, commissioner, appointed 504, 897

George, relating to 148, 412

Jacob, relating to 148, 715

Major Jacob, relating to 716

Joseph, Jr., account allowed 955

Peletiah, relating to 148

Noah, relating to 716

Blodget, Samuel, Jr., resolve on petition of 374

William, relating to 522

Blossom, Matthias, adjutant, account allowed .... 456, 955

Matthias, relating to 151

Blue Hill Academy, established 296

grant of land to trustees of 846

Blue Hill Turnpike Corporation, incorporated 727

Blush, Daniel, relating to 221

Board of Health, Boston, account allowed for support of poor . 949
act in addition to act empowering town of Boston to choose . 474
part of act empowering town of Boston to choose, repealed . 714

Boardman, Abijah, relating to 493

Amos, Jr., account allowed 955

Bodfish, William, trustee, appointed 608

Index. 1001

Page

Bodman, William, relating to 290

Bodwell, Isaac, relating to 526

Bolcom, John, account allowed 949

Boles, John, relating to 151

Bollcom, Benjamin, relating to 19

Bolton, James, relating to 384

Richard, relating to 453, 952

Boltwood, Ebenezer, relating to 290

Solomon, relating to 290

Bond, Abijah, authorized to take the name of William A. Bond . 301

John, relating to • . 36

Thomas, relating to 155

William, relating to 201

Bonney, Ichabod, trustee, appointed 90

Booms, proprietors of mills on Presumpscott river authorized to

maintain, at certain places 38

Boothbay, town of , account allowed for support of poor . . 383,865

Boothby, Brue, relating to 145

Borden, Richard, relating to 169

Thomas, relating to 169

Borland, Francis, resolve on petition of 362

John, relating to 362

Boston, town of, account allowed for support of poor 383, 449, 450, 865, 949

act in addition to act empowering, to choose a board of health 474
act in addition to act incorporating society for bringing fresh

water into 493

act in addition to act regulating collection of taxes in . . 478
act in addition to acts relative to transportation and storage

of gunpowder in 710

act in addition to act to secure from damage by fire . . 97
certain religious societies in, authorized to increase taxes on

pews 152

collection of taxes in, regulated 10

Front Street Corporation in, incorporated .... 697
members of the New North Religious Society in, incorporated 495
message of governor relative to removal of the powder maga-
zine in 968

north-east part of town of Dorchester annexed to . . . 690

part of act empowering, to choose board of health, repealed . 714

proprietors of the new south meeting house in, incorporated . 548

relative to appointment of constables in 10

relative to removal of powder magazine from .... 376
selectmen empowered to appoint certain number of engine men

in 684

Boston and Haverhill Turnpike Corporation, incorporated . . 498
Boston Bank, committee appointed to adjust the interest of the Com-
monwealth in 855

president, directors, and company of, incorporated . . 212

1002 Index.

Page

Boston Bank, resolve on petition of president and directors of . 910

treasurer empowered relative to deposits in . . . .910

Boston Board of Health, account allowed for support of poor . 949

Boston Female Asylum, incorporated 166

Boston Marine Insurance Company, part of act incorporating, re-
pealed . . . , 713

Boston Mill Corporation, incorporated 751

Boston South Bridge, proprietors of, incorporated .... 693
Boundary line, between Commonwealth and state of Connecticut,

commissioners on, appointed 504

between Commonwealth and state of Connecticut, message of

governor relative to 978, 985

between Commonwealth and state of Connecticut, relative

to 412

between Commonwealth and state of Connecticut, report of

commissioners for settling 897

between lands of Commonwealth and Plymouth Company

lands, to be ascertained 891

between towns of Lynn and Chelsea, altered .... 493

Boundary lines, of town of Lyman, established .... 470

Bourn, Nehemiah, relating to 19

Shearjashub, agent, appointed 73

Bowden, Amos, relating to 522

Caleb, relating to 622

Ebenezer, relating to 522

Ebenezer, 3d, relating to 622

Jacob, relating to 522

John, relating to 622

Paul, relating to 522

Rufus, relating to 622

Theodore, relating to 522

Thomas, relating to 522

Bowdoin, town of, selectmen of, directed relative to appropriation

of fine assessed upon 916

Bowdoin, Sarah, relating to 168

William, relating to 642

William, resolve on petition of 404

Bowers, Benjamin, relating to 175

Ishmael, relating to 949

Rev. James, relating to 69

Bowles, Rebeccah, relating to 251

Bowman, Jonathan, Jr., relating to 655,746

William, relating to 746

Boxborough, town of, account allowed for support of poor 383, 450, 865, 949

Boxford, town of, account allowed for support of poor . . 449, 949

alewife fishery in, regulated 680

Boyd, John, relating to 754

Robert, relating to 131, 307

Thomas, relating to 155

Index. 1003

Page

Boyd, Willard, relating to 754

"William, adjutant, account allowed 456, 955

William M., relating to 155

Boyden, Isaac, relating to 82

Boyle, John, account allowed 459, 957

Boylston, town of, account allowed for support of poor . . . 949
Boylston, Ward Nicholas, set off from First and annexed to Third

Parish in town of Roxbury 13

Boylston's, John, charitable donations for the benefit and support
of aged poor persons and of orphans and deserted chil-
dren, trustees of, incorporated 71

Boynton, Ebeuezer, and others, set off from town of Holden and

annexed to town of Paxton 599

Bozworth, Jabez, relating to 123

Brackee, Dr. Job, relating to 740

Bracket, Nathaniel, relating to 649

Brackett, Nathaniel, relating to 889

Bradbury, Benjamin, relating to 145

Jabez, relating to 145

Hon. Theophilus, address of Legislature relative to removal

from oflice of 856

William, and others, resolve on petition of ... . 915

Bradford Academy, trustees of, incorporated 589

Bradford, town of, ale wife fishery in Johnston's brook in, regulated 116
trustees of fund for support of a Congregational minister in

First Parish in, incorporated 593

Bradford, Alden, relating to 155,555,746

William, trustee, appointed 90

Bradley, Rev. Caleb, trustee, appointed 232

John, relating to 522, 867

Samuel, Jr., authorized to take the name of Samuel Ayer

Bradley 522

Bradshaw, John, relating to 251

Bradstreet, Dudley Story, Bradstreet Story authorized to take the

name of 522

Dr. Nathaniel, relating to 732

Bragdon, Ebenezer, Jr., relating to 935

Ebenezer, Sen., relating to 935

Joseph, relating to 934

Moses, relating to 934

Brailsford, Norton, account allowed 387, 958

Brainard, Timothy, relating to 36

Braintree and Weymouth Turnpike Corporation, incorporated . . 203

Braman, Rev. Isaac, trustee, appointed 590

Brattle, Thomas, estate of 403

Bray, John, account allowed 457

Break, John, relating to 176, 194

Breed, Ebenezer, relating to 951

Breeding, Elizabeth, relating to 453

1004 Index.

Page

Brewer, Chauncy, relating to . 716

Henry, account allowed 957

John, relating to 429

John, and Simeon Fowler, resolve on petition of . . 411, 424

Joseph, trustee, appointed 760

Brewster, town of, incorpT)rated 142

Bridge, Bacli River, propi'ietors of, incorporated .... 468
Boston South, proprietors of, incorporated .... 693
Charles River, act in addition to act incorporating proprietors

of 480, 659

Connecticut River, act in addition to act incorporating propri-
etors of 479

Duck Trap, proprietors of, incorporated 58

Hatfield, proprietors of, incorporated 290

Neponset, act in addition to act incorporating proprietors of . 78
Northampton, proprietors of, incorporated .... 193
over New Meadow river, act in addition to act incorporating

proprietors of 142

Piscataqua, managers of lottery for repairing, authorized to

sell tickets in this Commonwealth 886

Springfield, proprietors of, incorporated 148

Bridge Corporation, Chelsea and Salem Turnpike, act in addition to

act incorporating 170, 473

Bridge, Ebenezer, relating to 175

Ebenezer, to call meeting 176

Edmund, account allowed 387, 458, 870

Edmund, relating to 155

James, relating to 46, 155, 684

Nathaniel, relating to 155

"William, adjutant, account allowed 456, 955

Bridges, Henry, relating to 522

Isaac, relating to . . 522

Isaac, Jr., relating to 522

John, relating to 522

Bridgewater, First Baptist Society in, incorporated .... 791
Bridgewater, town of, account allowed for support of poor . . 450
company of light infantry to be established in . . . 370
trustees of the funds for the support of a Congregational

minister in South Parish in, incorporated .... 76
Bridgewater, New Bedford and, Turnpike Corporation, incorporated 627

Bridgham, Jno., relating to 434

Jno., Jr., relating to 434

Joseph, relating to 434

Willard, relating to 434

Briffln, Anthony, relating to 385, 453, 867, 953

Briggs, Abner, relating to 182

Dean, and others, resolve on petition of 928

Edward, relating to 182

Index. 1005

Page

Briggs, Eliakim, relating to 182

Eliakim, 2d, relating to ' . . 182

James, relating to 182

Mathew, relating to 182

Samuel, 2d, relating to • . . 182

Samuel, 3d, relating to 182

Sarah, relating to 182

William, relating to 36

Zebedee, relating to 182

Brigham, Breck, authorized to take the name of Robert Breck

Brigham 16

Elijah, account allowed 459, 958

Elijah, Jr., account allowed 955

John, relating to 123, 291

Joseph, adjutant, account allowed 386, 456

Brimfleld, town of, account allowed for support of poor . . 449, 948
Brimmer, John A., John Ambourlain authorized to take the name of 16

Martin, relating to 16

Bristol county, accounts of treasurer allowed and tax granted . 369, 850
Bristol, Norfolk and, Turnpike Corporation, act in addition to act

establishing 99, 745

Broadbent, William, relating to 951

Bromfield, Henry, relating to 650

Brookfield, town of, account allowed for support of poor 383, 865, 948

boundary line between First and Third Parishes in, established 712

Brookfield First Parish Library Company, incorporated . . . 463

Brooks, Aaron, adjutant, account allowed 386, 868

Daniel, relating to 278

John, relating to 196

Timothy, relating to 279

William, relating to 165

Brow, Francis, relating to 865, 950

Simon, relating to 384

Brown, Benjamin, relating to 588

Benjamin, Jr., relating to 251

Cyrus, relating to 588

Daniel, allowance to 848

Daniel, relating to 161

Henry, adjutant, account allowed 386

Juo., relating to 454

John, relating to 385, 953

John Clark, relating to 698

Jonathan H., relating to 61

Moses, relating to 40

Nathan, relating to 184

Samuel, account allowed 383, 865

Samuel, to issue warrant 541

Samuel, relating to 425, 588

1006 Index.

Page

Brown, Samuel, resolve on petition of 429

Sanford, relating to 123

Simeon, relating to 867

William, relating to 698

Bruce, Ephraim, relating to 919

Josiah, relating to 588

Brunswick, town of. Baptist Society In, incorporated . . . 161

company of light infantry to be raised in .... 882

Bryant, Benjamin, relating to 251

Joseph, relating to 649

Nathan, relating to 588

Thomas, relating to 588

Buck, Benjamin, relating to 61

Daniel, relating to 61

John, manager of lottery, appointed . . , . - . 715

Jonathan, relating to 61

Jonathan, trustee, appointed 297

Buckfleld, town of, agents for sale of Eastern lands directed to settle

differences between proprietors of, and town of Hebron . 860

Buckland, town of, account allowed for support of poor . . . 865

Bucklen, Nathan, relating to 540

Nathan, Jr., relating to 540

Buckman, Calvin, relating to 434

Daniel, relating to 434

Buckmaster, Edward, and others, resolve on petition of . . . 844

Buel, Samuel, relating to 196

Bulfinch, Charles, account allowed 862

Charles, agent, appointed 73

Charles, agent, relating to 941

Charles, appointed an agent to superintend building of state

prison 861

Thomas, and Susannah, his wife, relating to . . . . 851

Bulkley, John, relating to 936

Bullard, John, relating to 175

Bullen, Moses, relating to 754

Burbank, Elijah, relating to 721

Burges, Patience, resolve on petition of 905

Burghardt, John, relating to 904

Burk, Andrew, relating to 949

Burley, William, relating to 251

Burnap, Ebenezer, relating to 360

Burnell, Joseph, relating to 144

Burnet, Andrew, relating to 582

Joshua, relating to 582

Burnham, Aaron, authorized to execute deed of estate mentioned . 393

Job, estate of 393

John, relating to 393

Burr, Rev. Jonathan, trustee, appointed 608

Index. 1007

Page

Burrows, Jonathan, adjutant, account allowed 955

"William, trustee, appointed 592

Burt, Abner, adjutant, account allowed 456

Abner, Jr., adjutant, account allowed 955

Calvin, relating to 716

David, relating to 716

Gideon, relating to 716

Moses, account allowed 956

Nathaniel, relating to 716

Burton, Thomas, relating to 698

Bush, Eli, estate of 905

Euth, resolve on petition of 905

Butler, James, relating to 384

John, relating to 182

William, account allowed 458

Butterick, Major John, relating to 908

Buxton, Gorham, and Standish, towns of, Methodist Society in, in-
corporated 649

Buxton, town of. First Baptist Society in, incorporated . . . 144

Buzzard, William, relating to 952

Byington, Warren, allowance to 835

Cabot, John, relating to 40

Cadets, Independent company of, surgeon to be commissioned in . 432

Caldwell, Daniel, relating to 36

William, and others, resolve on petition of ... . 855

Calhoon, James, relating to 642

Carabell, Daniel, relating to 451

James, relating to 864

Cambridge, town of, account allowed for support of poor 450, 865, 949

additional number of engine men to be appointed in . . 484
Cambridge and Concord Turnpike Corporation, act in addition to

act incorporating 683

incorporated 278

Camden, town of, Daniel Barrett authorized to make a turnpike

road in 32

Came, John, relating to 145

Camel, Betty, relating to 450

Campbel, Alexander, account allowed 958

Campbell, Andrew, relating to 660

Daniel, relating to 383

General, relating to 954

Kobert, relating to . 951

Thomas, relating to 425

Canaan and Duck Trap, plantations of, incorporated as town of

Lincolnville .17

1008 Index.

Page

Canada, John, relating to 865

Canal, Cumberland, act in addition to act incorporating proprietors of 679

Falmouth, act in addition to act incorporating proprietors of 580

Middlesex, act in addition to act incorporating proprietors of 192

Patucket, rates of toll increased 663

Roxbury, resolve on petition of president and directors of . 895

Saco Falls, act in addition to act incorporating . .. . 620

Saco Falls, proprietors of, incorporated 163

through St. George's river, act in addition to act empowering

Charles Barrett to open 81

Canals and locks, at Amoskeag Falls, lottery granted for completing 792
on Connecticut river, act in addition to act granting lottery

for benefit of proprietors of 715

Canedy, Peleg, relating to 82

Canton, town of, proprietors of the common meadow in, incor-
porated 553

Cape Elizabeth, town of, account allowed for support of poor 383, 450, 865
proprietors of the meeting house in, incorporated . . 532, 949

Capon, Lemuel, relating to 36

Capron, Elijah, relating to 19

Otis, relating to 19

Card, Stephen, relating to 935

Carew, Elizabeth, relating to 867

Carey, Daniel, trustee, appointed 90

Luther, trustee, appointed 90

Cargoes and ships, act to prevent w;ilful destruction and casting

away of 303

Carico, Alexander, relating to 252

Benjamin, relating to 251

Thomas, relating to 251

Carl, Betty, relating to 388

Carleton, Daniel, trustee, appointed 593

William, account allowed 459

Carlisle, town of, account allowed for support of poor 383, 450, 865, 949

Carll, Anna, relating to 453

Carlow, Mary, relating to 453

Carlton, , relating to 116

Benjamin, relating to 589

Daniel, relating to 589

Moses, Jr., relating to 155,746

Carman, Thomas, relating to 601

Carney, James, relating to 640

Carpenter, Daniel, relating to 19

Daniel, Jr., relating to 19

Carr, Francis, relating to 498

Rachel, relating to 450, 452, 865, 949

Carrol, Anna, relating to 952

Betty, relating to 865, 949

Index. 1009

Page

Carrye, Eleanor, relating to 950

Carryl, Elenor, relating to 450

Carter, Benjamin, relating to 2ii

Esbon, adjutant, account allowed 456

James, account allowed 868

James, relating to 450, 949

John, account allowed 457, 956

Johua, relating to 312

Richard, relating to 244

Gary, Eliphalet, trustee, appointed 76

Luther, trustee, appointed 592

Thomas, Jr., relating to 312

Rev. Thomas, relating to 732

Castine, town of, account allowed for support of poor . . . 865

tax abated 406

Castle island, governor requested to transmit to president of United
States statement of claim of Commonwealth for ordnance
and military stores taken at time of cession of . . . 377
relative to claim of Commonwealth for ordnance and military

stores taken by United States at time of cession of . . 442
relative to settlement of claim for ordnance and military stores

taken by United States at time of cession of . . . 888

Castor, a negro, relating to 866, 952

Catharine, an Indian, relating to. . . . 382, 449, 453, 864, 948

Catlin, Elijah, relating to 106, 123

Rev. Jacob, relating to 153

Caunce, Jacob, relating to 540

John, relating to 540

Cavalry, company of, to be raised in ninth division of militia . . 362
company of, to be raised in town of Otisfleld .... 885
system of review and sword exercise for, to be established . 926
troop of, to be raised in sixth division of militia . . . 918

Cazneau, Edward, allowance to 365, 842

Center, Ebenezer, account allowed 868

Cepet, Matta, relating to 953

Cerew, Elizabeth, relating to 453

Chace, John, relating to 588

Chadwick, John, relating to 269

Jonathan, relating to 589, 593

Joseph, relating to 589, 712

Joseph, trustee, appointed 593

Chaflin, Daniel, relating to 175

Chamberlain, David, relating to 451,951

Freedom, Jr., relating to 290

John, relating to 145

Chamberlin, Samuel, relating to 123

Champney, John, relating to 690

Chandler, John, commissioner, appointed 852

1010 ^ Index.

Page

Chandler, John, relating to 151,907

Peleg, Jr., trustee, appointed 471

'Chapil, Richard, relating to 106

Chapin, Oliver, relating to 574, 582, 642

Chaplain, of the house of representatives, allowance to . . 445, 938

of the senate, allowance to 445, 938

Chapman, Abner, relating to 251

Ezra, relating to 51, 52

George D., relating to 251

Hannah, relating to 251

Josiah F., relating to 251

Lieb, relating to 51

Priscilla, relating to 251

Charleraont, town of, account allowed for support of poor 383, 450, 865, 949
Charles river, fisheries in, in town of Newton, regulated . . . 369
Charles River Bridge, act in addition to act incorporating proprie-
tors of 480, 659

Charlestown, town of, account allowed for support of poor . 450, 949
company of light infantry to be raised in . . . . 924,925

First Parish in, incorporated 229

Charlton, town of, account allowed for support of poor . . 450, 949

First Baptist Society in, incorporated 739

Charlton, Moses, relating to 46

Moses, Jr., relating to 46

Chase, Anthony, relating to 161

James, relating to 161

Judah, relating to 161

Metaphor, relating to 574, 650

Metaphor, and others, authorized to call meeting . . . 654

Nathaniel, relating to 161

Peter, relating to 674

Salmon, relating to 131

Samuel, relating to 650

Cheaver, Nathaniel, adjutant, account allowed 456

Cheever, Nathaniel, account allowed 955

Chelmsford, town of, account allowed for support of poor . 450, 949
Chelmsford, Salem and. Turnpike Corporation, established . . 767
Chelsea, town of, boundary line between town of Lynn and, altered . 493
Chelsea Bridge and Salem Turnpike Corporation, act in addition to

act incorporating 170, 473

Chenery, , relating to 99

Cheshire, town of, account allowed for support of poor . . 383, 865
Chester Massachusetts Turnpike Corporation, incorporated . ,219
Chester Turnpike Corporation, act in addition to act incorporating 490
Chesterville, town of, survey of gore of land to be made in . . 915
Child, David, authorized to take the name of David Weld Child . 301

Stephen, trustee, appointed 760

Childs, David, relating to 290

Joseph, relating to 305

Index.

1011

ulating bail in

Choate, Stephen, relating to
Chocolate, manufacture of, regulated
Christophers, Joseph, relating to
Church, Esther, relating to .

Noah, relating to
Churchill, William, relating to
Chute, Josiah, trustee, appointed
Civil actions, act in addition to act re

Civil list

Claflin, John, and wife, relating to
Clamrod, John H., relating to
Clap, Asa, relating to .

Caleb, resolve on petition of

Ebenezer, Jr., relating to .

Henry, relating to

Jeremiah, brigade major, account allowed
Clapp, Augustus, trustee, appointed

Nathaniel, relating to
Clark, Eleazer, relating to .

Hannah, relating to .

Jane, relating to

Jeremiah, account allowed

John, relating to

Peter, account allowed

Phoebe, relating to

Kichard, relating to .

Solomon, relating to .

Stephen, Jr., relating to

Thomas, relating to .
Clarke, Thomas, relating to
Claxton, Matthiah, relating to

Matthias, relating to .
Cleaves, Ambrose, relatin

Ezra, relating to

Hannah, relating to .
Clemens, Asa, relating to .

Philip, relating to
Clement, Daniel, relating to

Isaac, relating to
Clerk, of the house of representatives

of the senate, allowance to
Cleveland, Amasa, relating to
Cleves, Daniel, relating to .

Jonathan, relating to
Clough, Elias, account allowed .
Coates, Charles, relating to
Cobb, David, empowered to make investi;
in town of Sullivan

David, relating to

allowance to

Page

. 184

299, 542

155, 555, 746

. 385

106, 123

601

656

733

347, 825

950

953

890

690

867

386, 868

464

361

194

251

954

457

648

278, 955

454

936

648

935

278

175

949

450

251

740

739

522

380, 445, 851, 938
380, 445, 851, 938
290
269
269
955
936

ation relative to settlers

. 438
61, 254

1012

Index.

Page

Cobb, David, report of, relative to survey of town of Sullivan . 934

David, trustee, appointed 297

Edward, relating to 131

Josiah, relating to 582

Mattw., relating to 307

MathevF, trustee, appointed 232

Samuel, relating to 698

Thomas, relating to 297

William, Jr. , relating to 582

Cochran, James, relating to 649

Codman, John, estate of 871

John, relating to ....... 101, 212, 2G3

John, and others, authorized to call meeting .... 105

John, and others, incorporated 579

Stephen, authorized to execute the deed mentioned . . 871

Coe, Seth, relating to 648

CoflSn, David, Jr., account allowed 955

Edmund, relating to 163, 269, 871

Isaac, resolve on petition of 837

Nathaniel, relating to 131

Peleg, account allowed 388, 459

Peleg, late treasurer, allowance to 411

Peleg, late treasurer, committee appointed to adjust accounts of 364

Peleg, late treasurer, settlement of accounts with . . . 409
Peleg, member of committee, appointed . . . 380, 408, 927

Peleg, relating to 435, 933, 941

Peleg, and John Read, agents for the sale of eastern lands,

authorized to ascertain the lines of the Pejepscot claim . 858
Peleg, and John Read, agents for the sale of eastern lands,

authorized to execute the deed mentioned . . . 895
Peleg, and John Read, agents for the sale of eastern lands,

authorized to sell three lots of land in Township No. 3,

adjoining town of Paris 881

Peleg, and John Read, agents for the sale of eastern lands,

directed to settle diflferences between town of Hebron and

proprietors of Buckfleld 860

Peleg, and John Read, agents for the sale of eastern lands,

directed to survey a gore of land in town of Chesterville 916
Peleg, and John Read, agents for the sale of eastern lands,

to give deeds of the lands mentioned .... 379
Peleg, and John Read, agents for the sale of eastern lands,

to sell the land mentioned

Colburn, Jerathmeel, and others, resolve on petition of .

Cole, Asa, relating to

Levi, relating to ........

364
379
251
145

Colerain, town of, account allowed for support of poor 383, 450, 865, 949

952
444
837

Collins, EUe, relating to

Jacob, Jr., relating to
Colman, Nathaniel, relating to

Index. 1013

Page

Colton, Demas, relating to 716

Demus, allowance to 399

Elihu, relating to 716

Gideon, Jr., relating to 716

Israel, relating to 716

Reuben, relating to 82

Samuel, relating to 716

William, relating to 716

Columbia, town of, tax abated 397

Colyer, Samuel, relating to 269

Comee, Benjamin, account allowed 386

Commissioners, to adjust differences between the settlers and pro-
prietors of Castine and Penobscot, appointed . . . 907
to form a standard of weights and measures, to be appointed 858
for quieting settlers on Plymouth Company lands, account

allowed 958

for purchasing the public debt, settlement of accounts with . 440
for settling boundary line between Commonwealth and state

of Connecticut, appointed 504

for settling boundary line between Commonwealth and state

of Connecticut, report of 897

Committee for the sale of Eastern lands, directed to execute deed to

Andrew Craigie 894

report on contract between Jackson and Flint and, for pur-
chase of lands 946

Committee for the sale of lands in the counties of Hampshire and

Berkshire, to render report 432

Committee on accounts, allowance to . . . . 373, 436, 859, 930

report of, roll No. 47, accepted 382

report of, roll No. 48, accepted 449

report of, roll No. 49, accepted 864

report of , roll No. 50, accepted 948

to make allowances to Benjamin Fairbanks and others . . 911

Committee on conflscated estates, report of 918

Committee to adjust the interest of the Commonwealth in the Boston

bank, appointed 855

Committee to adjust treasurer's accounts, appointed . . . 927
Committee to establish rules and regulations for management of

state prison, appointed 906, 907

Commonwealth, boundary line between Plymouth Company and, to be

ascertained 891

commissioners for settling boundary line between state of

Connecticut and, appointed 504

commissioners for settling boundary line between state of

Connecticut and, report of 897

message of governor relative to boundary line between state

of Connecticut and 967, 978, 985

printers to, appointed 358

relative to boundary line between state of Connecticut and . 412

1014

Index.

Page

Commonwealth, trustees of academies to receive sets of maps of . 363

Comp, Susanna, relating to 948

Comstock, Lancaster, relating to 52

Peregrine, relating to 52

Conant, Israel, relating to 251

James, relating to 291

Nathaniel, additional allowance to 394

Concord, town, of, account allowed for support of poor 383, 450, 865, 949
Concord, Cambridge and. Turnpike Corporation, act in addition to

act incorporating 683

incorporated 278

Condon, Benjamin, relating to 936

Peggy, relating to 450, 949

Coney, Daniel, relating to 684

Confiscated estates, report of committee relative to .... 918
Congregational fund in town of New Gloucester, trustees of, ap-
pointed 660

Congregational minister, in First Parish in town of Bradford, trus-
tees of fund for support of, incorporated .... 593
in South Parish in town of Bridgewater, trustees of fund for

support of, incorporated 76

in town of Windham, trustees of fund for support of, in-
corporated 656

Congregational Society, First, in town of Becket, act amending act

incorporating 7

First, in Dighton, incorporated 182

First, in Penobscot, incorporated 522

in the town of Bath, incorporated 596

in Hebron, incorporated 601

Third, in Beverly, incorporated 250

Congregational teacher of duty, religion, and morality, in the first
precinct in Middleboro, trustees of fund for the support

of, incorporated 466

Congress, act amending act establishing districts for the choice of

representatives to 7

Conkepot, Levi, relating to (see " Levi Konkepot ") . . . . 388

Conkey, John, relating to 290

Connecticut, state of, commissioners on boundary line between Com-
monwealth and, appointed 504

message of governor relative to boundary line between the

Commonwealth and 967, 978, 985

relative to boundary line between Commonwealth and . . 412
report of commissioners for settling boundary line between

Commonwealth and

Connecticut river, act in addition to act granting lottery for benefit

of proprietors of locks and canals on ....

act in addition to act to prevent damage by spring fioods to

land adjoining 595

897

715

Index. 1015

Page
Connecticut River Bridge, act in addition to act incorporating pro-
prietors of 479

Connewell, John, relating to ....... . 450

Conoly, John, relating to ....... . 865, 950

ConoUy, John, relating to 383

Constables, in town of Boston, relative to appointment of . . 10

Constitution, frigate, relating to 378, 442

Continental army, relative to service required to secure land grants

to soldiers of 446

resolve respecting grants of lands or money to soldiers of,

continued 944

Convas, Eunice, relating to 384, 950

Converce, Luke, relating to 740

Uriah, relating to 739

Convers, Eunice, relating to 865

Convess, Eunice, relating to 451

Convicts, poor, act in addition to act relative to liberation of . . 5

Convil, John, relating to 952

Conway, town of, account allowed for support of poor . . 450, 949

Conwell, Nancy, relating to 454

Cony, Daniel, relating to 46, 155

Samuel, 2d, relating to 155

Cook, Benjamin, account allowed 868

Benjamin, relating to 540

Cyrus, relating to 588

Francis, relating to 155

James, relating to 950

John, heirs of, relating to 935

Orchard, relating to 155

Cooledge, Samuel, account allowed 955

Cooley, Hanum, relating to 716

Jacob, relating to 52

John, relating to 716

John, 2d, relating to 716

Josiah, relating to 716

Reuben, relating to 82

Coolidge, Thomas, trustee, appointed 488

Coombs, Joseph, relating to 540

William, relating to 263, 732

Cooper, John, account allowed 455, 458

Margaret, relating to 168

William, relating to 72

Copeland, Rufus, account allowed 955

Cordi, Peter, relating to 911

Corleu, Mary, relating to 953

Corning, Anna, relating to .'251

Cornwell, town of, account allowed for support of poor . . . 949
Cornwell, Nancy, relating to 954

1016 Index.

Page

Councillors, list of 347, 825

Councillors and senators, districts for the choice of, established . 28
Counties of Hampshire and Berkshire, act in addition to act chang-
ing time of holding courts in 241

committee for the sale of lands in, to render report . . 432

time of holding courts in, changed 12

Counties of Lincoln and Cumberland, a certain stream issuing from
Pattee's pond in town of Winslow exempted from laws

regulating fisheries in 21

County of Barnstable, accounts of treasurer allowed and tax

granted 420, 913

County of Berkshire, accounts of treasurer allowed and tax

granted 415, 913

additional notary public to be appointed for .... 352
agent on unappropriated lands in, appointed .... 843
agents authorized to make sale of unappropriated lands in . 904
relative to court of general sessions of the peace in . . 470
County of Bristol, accounts of treasurer allowed and tax granted 369, 850
County of Cumberland, accounts of treasurer allowed and tax

granted 419, 913

solicitor general to prosecute sheriflF of, for delinquency in re-
turning votes 917

County of Dukes County, accounts of treasurer allowed and tax

granted 372, 840

time of holding court of common pleas and general sessions

of the peace in, changed 638

County of Essex, accounts of treasurer allowed and tax granted 418, 913
additional notaries public to be appointed for .... 877
appeals, writs, etc., in courts of general sessions of the peace

and of common pleas in, made valid 359

record of courts of common pleas in, to be completed and

filed 940

time of holding courts of common pleas and general ses-
sions of the peace in, changed 742

time of holding supreme judicial court in, changed . . . 560
County of Hampshire, accounts of treasurer allowed and tax

granted 410, 913

County of Hancock, accounts of treasurer allowed and tax granted 418
additional notary public to be appointed for .... 352
relative to holding court of common pleas in . . . . 284
time of holding courts of general sessions of the peace and

of common pleas in, changed 524

County of Kenuebeck, accounts of treasurer allowed and tax

granted 419, 914

time of holding courts of general sessions of the peace and of

common pleas in, changed 38

County of Lincoln, accounts of treasurer allowed and tax granted 415, 914
additional notary public to be appointed for . . . .351

Index. 1017

County of Lincoln, relative to disturbances in connection with run-
ning boundary line between lands of Commonwealth and

Plymouth Company lands in 891

County of Middlesex, accounts of treasurer allowed and tax granted 366, 845
records of courts of common pleas in, to be completed and filed 940
time of holding courts of probate in, fixed .... 306
times and places of holding courts of common pleas and gen-
eral sessions of the peace in, determined .... 794
County of Nantucket, doings of register of deeds for, rendered valid 837
County of Norfolk, accounts of treasurer allowed and tax granted 416, 913
special session of supreme judicial court to be held for . . 602

tax granted 366

time of holding supreme judicial court in, changed ... 68
County of Plymouth, accounts of treasurer allowed and tax

granted 358, 842

towns of Hinghara and Hull set ofi" from county of Sufiblk and

annexed to ' . . . 476

County of Sufiblk, accounts of treasurer allowed and tax granted 436, 913
justices of court of sessions in, authorized to purchase land

for a new court house 73

records of courts of common pleas in, to be completed and filed 940
time of holding supreme judicial court in, changed . . 68, 560
towns of Hingham and Hull set ofi" from, and annexed to

county of Plymouth 476

County of Washington, accounts of treasurer allowed and tax

granted 420, 914

County of Worcester, accounts of treasurer allowed and tax

granted 409, 913

tax granted 371

County of York, accounts of treasurer allowed and tax granted 416, 913

place for erecting a new jail in, established .... 35

place of holding supreme judicial court in, changed . . 35

Court, supreme judicial, additional allowance to justices of . . 447

for counties of Hampshire and Berkshire, time of holding,

changed 12, 241

for counties of Norfolk and Sufi"olk, time of holding, changed 68
for counties of Sufiblk and Essex, time of holding, changed . 560
for county of Norfolk, act for holding special session of . 602
for county of York, place of holding, changed ... 35

reporter of decisions in, appointed 735

times and places for holding, designated 639

Court of common pleas for county of Hancocii, relative to holding . 284
Court of common pleas and general sessions of the peace for county

of Dukes County, time of holding, changed . . . 638
Court of general sessions of the peace for county of Berkshire, rela-
tive to 470

Court of sessions for county of Sufl'olk, justices of, authorized to

purchase land for a new court house 73

1018

Index.

Page

940

788

742
794

Courts of common pleas, in counties of Suft'olk, Essex, and Middle-
sex, records of, to be completed and filed ....
Courts of common pleas, jurisdiction of, enlarged ....
Courts of common pleas and general sessions of the peace, for county

of Essex, time of holding, changed

for county of Middlesex, times and places of holding, deter-
mined

Courts of general sessions of the peace, act in addition to act rela-
tive to liberation of poor convicts by .... 5
Courts of general sessions of the peace and of common pleas, for
counties of Hampshire and Berkshire, time of holding,

changed 12, 241

for county of Essex, appeals, writs, etc., in, made valid . 359

for county of Hancock, times of holding, changed . . . 524

for county of Kennebeck, time of holding, changed . . 38

Courts of probate for county of Middlesex, time of holding, fixed . 306

Covel, David, relating to 540

Cowen, Daniel, account allowed 460

John, and others, resolve on petition of 927

Partric, relating to 450

Patrick, relating to 383, 865, 950

Cowing, Daniel, account allowed 958

Cox, Ebenezer, trustee, appointed 466

Josiah, relating to 22, 515

Josiah, and others, to call meeting 520

Simeon, relating to 953

Simon, relating to 454

Coxhall, town of, name changed to Lyman 169

relative to boundaries of 470

Crabtree, Agreen, relating to . 935

George, relating to 936

William, relating to 935

Crafts, Samuel, relating to 601

Craige, James, estate of 836

Craigie, Andrew, relating to 933

Andrew, resolve on petition of 894

Dr. Andrew, relating to 279

Craigue, Thomas, trustee, appointed 656

Crainfield, Thomas, relating to 383

Crane, Maj. Elijah, account allowed 455

Crawford, Archibald, relating to 540

Crittenden, Amos, relating to 402

Simeon, relating to 402

Crocker, Mrs., relating to 868,954

Samuel, relating to 669

William, relating to 669

Crocket, Ephraim, relating to 525

Crofford, Hannah, relating to 951

Crosby, George, relating to 155

Index.

1019

Page

Crosby, John, relating to 254

Oliver, relating to 175

Cross, George, Jr., relating to 251

Ralph, relating to 22

Crouch, Richard, relating to 384, 452, 951

Crow, Christian, relating to 384, 452, 866, 951

Crowl, Alpheus, relating to 120

Crownlnshield, Clifford, relating to . . .' . . . 257, 767

Crowninshield, George, & Sons, relating to 257

Cumberland canal, act in addition to act incorporating proprietors of 579
Cumberland county, accounts of treasurer allowed and tax granted 419, 913

solicitor general to prosecute sheriff of, for delinquency in

returning votes 917

Cumberland Marine and Fire Insurance Company, incorporated . 510
Cumberland Turnpike Corporation, First, act in addition to act incor-
porating .......... 140

incorporated 53

Cumberland and Lincoln counties, a certain stream issuing from

Pattee's pond in town of Winslow exempted from laws

regulating fisheries in

Cumings, Nathan, relating to

Rachel, relating to
Cummings, John, relating to

Rachel, relating to

Thomas, relating to .
Curtis, Ashley, relating to .

Ashley, Jr., relating to

Charles, relating to .

David, relating to

John, relating to

Capt. Joseph, trustee, appointed

Nathaniel, relating to

Nathaniel, and wife, relating to

Oliver, relating to
Cushing, town of, part of, incorporated as town of St. George
Gushing, Warren, and St. George, towns of, Baptist Religious Society

in, incorporated .
Cushing, Christopher, account allowed 386;

Thomas C, account allowed
Cushman, Isaac, relating to

Jabez, relating to

Jotham, relating to .

Noah, trustee, appointed .
Cutler, Benjamin C, account allowed

Cyrus, relating to

Ephraim, relating to .

John, member of committee, appointed

Major Genl., relating to

82
951

36
452
401
601
601
565
161
540
698
760
698
384
601

540
457
869
601
660
176
466
957
588
588
643
868

1020

Index.

Cutter, Elihu, adjutant, account allowed
Cutter, Russell &, account allowed
Cutts, Dominicus, relating to

Foxwell, relating to .

Richard, relating to .

Thomas, relating to .

Thomas, Jr., relating to
Cypriano, Joseph, estate of

Page
456
459
269
269
269
269
269
441

Dailey, Mary, relating to 451, 950

Dalton, Washington, Pittsfleld, and Hancock, towns of, Methodist

Religious Society in, incorporated 648

Damon, Rev. Jude, trustee, appointed 609

Dams across Mill creek and Maine creek in town of Scituate, Jesse

Dunbar and others authorized to erect .... 244
Dana, town of, act in addition to act incorporating .... 119

Dana, Rev. Daniel, relating to 732

David, adjutant, account allowed .... 386, 868, 955

Rev. Joseph, relating to 732

Rev. Samuel, relating^to 69

Dandrich, John Christian, relating to 449, 865

Dandrick, John Christian, relating to 383

Dane, Nathan, member of committee, appointed .... 907
Nathan, relating to ........ . 184

Danforth, Jonathan, relating to 291

Joshua, relating to 154

Daniels, David, relating to 36

Timothy, and others, resolve on petition of ... . 443

Dantrick, John C, relating to 949

Danvers, town of, account allowed for support of poor . 450, 865, 950
Danvers and Beverly Iron "Works Company, incorporated . . 661

Darling, Elizabeth, relating to 396

Dartmouth, town of, account allowed for support of poor 383, 450, 865, 950

Darvin, Ebenezer, relating to 384

Dave, Simeon, relating to 601

Davenport, Jesse, adjutant, account allowed .... 386, 456

Davis, Amasa, relating to 698

Amasa, quartermaster general, grant to . . . . 377, 914
Amasa, quartermaster general, relating to ... . 378
Amasa, quartermaster general, settlement of accounts with . 414

Flint, relating to 650

Capt. Isaac, relating to 908

James, relating to 649

John, and others, set off from town of Holden and annexed

to town of Paxton 599

Index. 1021

Page

Davis, John, member of committee, appointed 408

John, relating to 99, 155, 182, 867

Jonathan, relating to 454

Sally, relating to 454, 953

Samuel, relating to 46, 540, 597

Wendell, clerk of the senate, allowance to . . . 851, 938

Wendell, trustee, appointed 608

William, relating to 454, 567, 954

Dawes, Thomas, account allowed 459, 862

Thomas, member of committee, appointed .... 364

Thomas, relating to 409

Day, Daniel, relating to 36

Ezekiel, account allowed 955

Ezekiel, and others, resolve on petition of ... . 408

Dean, Archelaus, relating to 425

John, relating to 22

Jonathan, relating to 131

Samuel, relating to 22, 131

Eev. Samuel, and others, to call meeting 132

William, relating to 291

Deane, John, relating to 307

John, to issue warrant 526

Dearborn, Simon, relating to 131

Dearing, Isaac, relating to 551

Isaac, Jr., relating to 551

Jeremiah, relating to 551

John, relating to 651

Debt, public, relative to settlement of accounts with commissioners

for purchasing 440

state, provision for payment of 497

state, relative to payment of 66

Decker, David, relating to 525

Joshua, relating to 144

Decoster, Samuel, relating to 601

Dedham, town of, account allowed for support of poor . . 450, 950
Dedham, Hartford and. Turnpike Corporation, incorporated . . 754

Deer, hunting of, regulated 16

Deerfleld, town of, account allowed for support of poor . . . 383

authorized to loan certain moneys 128

Deering, James, relating to 22

Delonza, Joseph, relating to 452

Deming, Elijah, relating to 123

Justus, relating to 51

Demmick, Joseph, account allowed 387

Demmon, Betty, relating to . 383, 449

Dench, Lawson, adjutant, account allowed 386

Dennet, Clement, relating to 145

John, relating to 145

1022

Index.

Dennet, Samuel, relating to

Dennis, town of, act in addition to act to prevent damage to Nob

scusset meadows in
Dennis, David, and others, resolve on

petition of ... . 410

John, account allowed 869

John and Ruth, relating to 423

Derbon, Jacob, relating to 145

Derby, Elias Hasket, relating to 257, 767

John, relating to 767

Derby academy, grant of land to 847

Derven, Ebenezer, relating to 865, 950

Devereaux, Joseph, relating to 522

Ealph, relating to 522

Dewey, Russell, account allowed 868, 955

Stephen, account allowed 455

Dewy, Abel, relating to 506

Stephen, account allowed 956

Dexter, Aaron, and others, to call meeting 229

Samuel, relating to 858

Dickenson, Medad, account allowed 455

Dickinson, David, and others, resolve on petition of . . . 372

Elijah, relating to 290

Elisha, relating to 194

Josiah, relating to 194

Lemuel, relating to 176, 290

Medad, relating to 290

Oliver, relating to 123

Perez, relating to 290

Samuel F., relating to 290

Dickman, Thomas, account allowed 387

Dighton, town of. First Congregational Society in, incorporated . 182

Dighton, John, relating to 648

Dike, John, relating to 251

Dike Corporation, First Scarborough, incorporated .... 242

Dillingham, Elisha, relating to 459, 869

Nathan, relating to 506, 609

Dimmick, Joseph, account allowed 458, 870

Dishill, John, relating to 385

District, New A shford, account allowed for support of poor . . 453

New Ashford, doings of, made valid 431

Plainfleld, certain sum added to valuation of . . . . 917

Plainfleld, part of town of Hawley, annexed to . . . 487

Districts, for the choice of councillors and senators, established . 28
for the choice of representatives in congress, act amending

act establishing 7

Dixfleld, town of, incorporated 492

Dobey, Jason, relating to 52

Dobson, Thomas, relating to 950

Dodd, William, resolve on petition of 932

Page
649

Index. 1023

Page

Dodge, Benjamin, relating to 522

Cornelius, relating to 252

John, account allowed 386, 457

John, relating to 123

Nathaniel, resolve on petition of 837

Stephen, relating to 123

"William, relating to 251

Dogget, Samuel, account allowed 949

Doggett, Jesse, account allowed 457, 956

Dole, Amos, relating to 425

Dounison, William, adjutant general, account allowed . . 456, 954

William, agent, appointed 73

Doolittle, Col. Joel, relating to 455

Dorchester, town of, account allowed for support of poor . 451,950

Caleb Stirapson set ofl' from 533

north-east part of, annexed to town of Boston . . . 690

Dorr, Elizabeth, relating to 168

Joseph, relating to 712

Douglas, town of, account allowed for support of poor . 450, 865, 950

Douglas, Thomas, relating to 452, 952

Dover, town of, account allowed for support of poor 383, 450, 865, 950

Downing, Richard, relating to 934

Downs, Gersham, relating to 911

John, relating to 911

Pomfret, relating to 889

Draper, Mary, relating to 99

Nathaniel, relating to 925

Phillip, treasurer to issue new note to 927

Dresden, Wiscasset and. Turnpike Corporation, incorporated . . 746

Dresser, Ezra, relating to 52

Zachariah, relating to 52

Drury, Dr. John, relating to 69

Duce, Scipio, relating to 385

Duck Trap and Canaan, plantations of, incorporated as town of

Lincoln ville 17

Duck Trap bridge, proprietors of, incorporated .... 58

Dudley, Capt. James, relating to 255

Dudley Indians, account of guardians of, allowed . . . 388, 869
Duel, James, relating to ........ . 954

Duell, James, relating to ........ . 454

Dukes County, accounts of treasurer allowed and tax granted . 372, 840
time of holding court of common pleas and general sessions

of the peace in, changed 638

Dumaresque, James, relating to 746

Dummer, Nathaniel, relating to 684

Nathaniel, to call meeting 152

Sewall, to call meeting 599

Dunbar, Asa, relating to 540

Barnabas, relating to 791

1024 Index.

Page

Dunbar, David, relating to 522

David, Jr., relating to 522

Elijah, relating to 553

Henry K., relating to 540

Jesse, and others, authorized to erect dams across Mill creek

and Maine creek in town of Scituate 244

Jesse, and others, relating to 580

Duncan, James, relating to 498

Dunham, John M., account allowed 869

Duning, Andrew, relating to 161

David, relating to 161

William, relating to 161

Dunlap, Alexander, and John Grant, resolve on petition of . . 368

John, relating to 46, 685

Samuel, relating to 161

Dunstable, town of, account allowed for support of poor . . 450

Willard Bobbins annexed to 478

Dunster, Capt. Isaiah, relating to 745

Dupee, Ellas, relating to 425

Durant, Cornelius, relating to 242

Durfee, Charles, to issue warrant 170

Elizabeth, relating to 954

Luke, relating to 954

Durham, town of, account allowed for support of poor . . . 450

Durham, Tolford, relating to 564

Durvin, Ebenezer, relating to 451

Dutch, Rev. Ebenezer, trustee, appointed 590

Dwight, Henry, relating to 82

James, relating to 715

James Scutt, relating to 148

Jonathan, manager of lottery, appointed 715

Jonathan, relating to 148, 176, 430, 715

Thomas, account allowed 459

Thomas, relating to 148, 858

Dyer, Ephraim, relating to 935

Jason, trustee, appointed 76

Eames, Luther, relating to 493

Eastern lands, agents for the sale of, directed to settle differences

between proprietors of Buckfield and town of Hebron . 860

resolve on report of 421

to ascertain lines of Pejepscot claim 858

to give deeds of the lands mentioned 379

to sell the lands mentioned 364

Eastern lands, committee for the sale of, directed to execute deed to

Andrew Craigie 894

, Index. 1025

Page
Eastern lands, committee on, report on contract between Jackson

and Flint and, for purcliase of lands 946

relative to certain contracts for 916

treasurer directed relative to 863

Eastman, Philip, relating to 540

William, account allowed 457

Easton, town of, certain inhabitants of, incorporated as First Bap-
tist Society in Bridgewater 791

Eastwood, John, relating to 451

Eaton, Samuel, relating to 234

Eddy, Gibbs Wadsworth, relating to 39^

John, relating to 305, 392

Sarah Jafl'rey, relating to 392^

Edes, Peter, account allowed 869

Edgartown, town of, account allowed for support of poor . . 950

Edgerley, John, relating to 144^

Edmund, Joseph, account allowed 38&

Education, act in addition to act for promotion of .... 13

Edwards, Abraham, adjutant, account allowed 456

Timothy, relating to 848

Egarton, John, relating to 650

John, and others, authorized to call meeting .... 654

Egerton, John, relating to 175

Eggleston, Azariah, relating to 506

Egleston, Azariah, relating to 153

Egremont, town of, account allowed for support of poor . . 451, 950

Elden, Gibbeon, relating to 145

Nathan, relating to 144

Nathan, Jr., relating to 145

Elder, Samuel, trustee, appointed 232

Election sermon, allowance to preacher of .... 426, 894

Elections, act in addition to acts regulating 253

Ellet, Uriah, relating to 161

Ellingwood, John, relating to 251

Sarah, relating to 251

Elliot, Rev. John, relating to 759

Mehitable, relating to 950

Elliot school, trustees of, incorporated 759

Ellis, David, relating to 698

George, relating to 754

George, and others, resolve on petition of ... • 844

Gregory, relating to 305

John, relating to ......... 553

Ellison, Robert, relating to 452, 951

Ell pond, in town of Maiden, act in addition to acts relative to pas-
sage of fish from Mystic river to 738

EUwell, William, relating to 452

Elwell, Benjamin, relating to 145

1026 Index.

Page

Elwell, Robert, account allowed 386, 868

Robert, relating to 155, 746

Theodore, relating to 145

William, relating to 952

Ely, Ethan, account allowed 386, 457

Ethan, relating to 716

Justin, relating to 606

Justin, Jr., relating to 148

Nathaniel, relating to 715

William, relating to 715

Emerson, Joseph, allowance to 374, 436

Rev. William, chaplain of the senate, allowance to . . 445, 938

Emmes, Joshua, relating to 106

Episcopal Society in Saudisfield, act in addition to act incorporating 71

Erving, Shirley, relating to 131

Essex Bank, relative to 973

Essex county, accounts of treasurer allowed and tax granted . 418, 913
additional notaries public to be appointed for .... 877
appeals, writs, etc., in courts of general sessions of the peace

and of common pleas in, made valid 359

records of courts of common pleas in, to be completed and

filed 940

time of holding courts of common pleas and general sessions

of the peace in, changed 742

time of holding supreme judicial court in, changed . . . 560
Essex Fire and Marine Insurance Company, incorporated . • 236

Essex Turnpike Corporation, incorporated 526

Estates :

Andrews, Joseph .• • • ^^2

Appleton, Nathaniel 4:28

Atherton, Ruth 861

Barnes, Moses 392

Brattle, Thomas 403

Burnham, Job 393

Bush, Eli 905

Codman, John 871

Craige, James 836

Cypriano, Joseph 441

Everett, Isaac • 844

Fitch, John Browne 444

Ford, Elisha 931

Gay, Timothy 441,887

Hastings, Daniel 877

Lowell, John, 366

Lyman, Samuel 402

Mackey, Mungo, Jr 446

Parks, Warham 417

Peabody, Oliver 423

Index.

1027

Page

Estates — Conchbded.

Randall, Benjamin 361

Russell, Thomas 431

Shaw, Francis 910

Soul, Orphan 876

Stone, Jonas, Jr 407

Thomas, Hannah 443

Titcomb, Benjamin 368, 400, 883

Tracy, John 857

Vinton, Caleb 879

Waldo, Saml 401

Wright, Rev. Phinehas 437

Estates, confiscated, report of committee relative to . . . . 918

Evans, Benjamin, trustee, appointed 90

John, relating to 36

Everett, Abigail, relating to 19

Abijah, relating to 19

Elizabeth, and others, resolve on petition of . . . . 844

Isaac, estate of 844

Everton, John, relating to 295

Fairbanks, Benjamin, and others, resolve on petition of

Jason, relating to . . .

Levi, adjutant, account allowed
Fairfax, town of, incorporated
Fairfield, Ichabod, relating to
Fales, James, account allowed

Samuel, relating to .
Fall, Aaron, grant to .
Fall River, town of, incorporated
Falmouth canal, act in addition to act incorporating proprietors of
Faris, William, and Rev. Samuel Parker, authorized to sell the land
mentioned

William, and Samuel Parker, resolve on petition of
Farley, Jos., adjutant, account allowed
Farnsworth, Oliver, relating to
Farrar, Samuel, relating to .

163

Farwell, John, relating to .

Leonard, relating to .
Fay, Galen H., account allowed

Nahum, relating to
Fees, act regulating, continued
Fellowes, Nathaniel, and others
Felton, Benjamin, relating to

Nathan, relating to .
Female Asylum, Boston, incorporated

porated

911
455
456
744
269
457
669
878
169
580

432
857
456
688
526
176
650
,957
933
36, 539
622
291
291
166

459

1028 Index.

Page

Fernald, Pelatiah, relating to 131

FerroU, Richard, relating to , . . 451

Fessenden, William, trustee, appointed 608

Fickey, Constantine, relating to 954

Field, Alexander, relating to ....... . 716

John, relating to 452

Joseph, and others, to call meeting 551

Moses, Jr., relating to 716

Robert, relating to 82

Robert, treasurer, to issue new note to 400

Samuel, adjutant, account allowed 456

Seth, adjutant, account allowed 456

Fifth Massachusetts Turnpike Corporation, act in addition to act in-
corporating 121,483

Fifteenth Massachusetts Turnpike Corporation, incorporated . . 106

Files, Samuel, relating to 649

Fillebrown, Thomas, account allowed 455

Finney, Luke, relating to 948

Fire and Marine Insurance Company, Essex, incorporated . . 236

Fire Insurance Company, Cumberland Marine and, incorporated . 510

Hampshire, incorporated 762

Merrimack Marine and, incorporated 132

Portland Marine and, incorporated 515

First and Third parishes in town of Brookfleld, boundary line be-
tween, established 712

First Baptist Society, in Bridgewater, incorporated .... 791

in Buxton, incorporated 144

in Charlton, incorporated 739

in Great Barrington, incorporated 51

in Readfleld, incorporated 36

in Standish, incorporated 525

First Congregational Society, in Becket, act amending act incorpo-
rating 7

in Dighton, incorporated 182

in Penobscot, incorporated 522

First Cumberland Turnpike Corporation, act in addition to act in-
corporating 140

incorporated 53

First Maine Turnpike Corporation, incorporated .... 61
First Parish, in town of Biddeford, relative to pews in meeting

house in 74

in town of Bradford, trustees of fund for support of a Con-
gregational minister in, incorporated .... 593

in town of Charlestown, incorporated 229

in town of Groton, fund for support of ministry in, established 615

in town of Newbury, doings of assessors of, confirmed . . 923
in town of Roxbury, Ward Nicholas Boylston set off from,

and annexed to Third Parish 13

Index. 1029

Page
First Parish, in town of Scarborough, Eobert Hasty set off from

Second Parish and annexed to 142

First Parish Library Company, in town of Broolsfield, incorporated 463
First Precinct, in Middleborough, trustees of the funds for tlie sup-
port of a Congregational teaclier of piety, religion, and

morality in, incorporated 466

First Scarborough Dilie Corporation, incorporated .... 242
Fish, relative to passage of, from Mystic river to Ell pond in town

of Maiden 738

Fish, pickled, packing and exportation of, regulated . . . 543, 789

Fish, Oliver, account allowed 451

Fisher, Jacob, account allowed 455, 955

James, relating to 540

Rev. Jonathan, relating to 297

Joshua, relating to 40

Rev. Mr., relating to 255

Samuel, relating to 588

Fisheries, in Charles river in town of Newton, regulated . . . 369
in counties of Lincoln and Cumberland, a certain stream issu-
ing from Pattee's pond in town of Winslow, exempted

from laws regulating 21

in Merrimack river, act in addition to act regulating . . 793

Fisherman, Alice, relating to 865

Fishery, alewife, in brook running out of Wakepee pond in planta-
tion of Marshpee, act in addition to act regulating . . 160
in Johnston's brook in town of Bradford, regulated . . 116
in Mattapoiset river in town of Rochester, act in addition to

acts regulating 137

in streams emptying into Merrimack river in town of Haver-
hill, regulated 94

in streams leading from Ipswich river to Prichard's pond in

town of Topsfield, regulated 88

in town of Boxford, regulated 680

in town of Woolwich, act in addition to act regulating . . 121
in towns of Lynn, Lynnfiekl, and Reading, act in addition to

act regulating 736

Fishery, salmon, shad and alewife, in Merrimack river, act in addi-
tion to act regulating 81

Fishery, shad and alewife, in Miles river in towns of Wenham,

Hamilton, and Ipswich, regulated 779

in Mistick river in town of Medford, regulated . . . 146

in town of Middleton, regulated 9

in towns of Rehoboth and Swauzey, regulated . . . 701

Fisk, Abe, relating to 305

Dr. , relating to 954

Nathaniel, relating to 305

Fitch, Hephzibah, authorized to convey the land mentioned . . 444

John Browne, estate of 444

1030 Index.

Page

Fitch, Jonas, relating to 70

Zachaiiah, relating to 70

Fits, Robert, relating to 739

Fitts, Eunice, relating to 242

Simeon, relating to 242, 561

Fitzgerald, Morice, relating to 936

Flagg, Samuel, and Edward Bangs, resolve on petition of . . 896

Fletcher, Abel, relating to 176

Benjamin, relating to 176

Joel, relating to 688

Jonathan, relating to 176

Samuel, relating to 175

William, relating to 427, 588

Flint, Ephraim, relating to 278

Ephraim, Jr., relating to 278

Hezekiah, relating to 661

Royal, relating to 448

Royal, and Henry Jackson, to be discharged from suit upon

contract for purchase of Eastern lands .... 946

Flintstown, plantation of, incorporated as town of Baldwin . . 14

Flood, Stephen, relating to 953

Fluent, Boanerges, relating to 911

Fobes, Benjamin, resolve on petition of 379

Fogarty, Dennis, Jr., relating to 540

Fogg, Enoch, relating to 660

Moses, relating to 649

Nelson, relating to 145

Reuben, relating to • . 54

Folger, Walter, Jr., and others, incorporated 664

Folsom, Dr. Dudley, trustee, appointed 232

Ford, Elisha, estate of 931

Noah, account allowed 386, 956

Sarah Endicot, relating to 251

Seth, resolve on petition of 876

Fornis, David, Jr. , relating to 251

Hannah, relating to 251

John, relating to 251

William, relating to 251

Forrester, Simon, relating to 257, 767

Fosdick, Nathaniel F. , relating to 131,510

Foss, James, relating to 242

Thomas, relating to 935

William, relating to 936

Foster, Bossenger, relating to 896

Dwight, account allowed 958

Dwight, relating to 463

Dwight, to call meeting 464

Edmund, relating to , ^ . . 175

Index. 1031

Page

Foster, Edward, relating to 251

Francis, relating to 540

Gen. , relating to 954

Issacliar O., relating to 251

James, allowance to 365, 842

Josiah, relating to 251

Josiali, 2d, relating to 251

Maj. Gen. Gideon, account allowed 386

Mary, relating to 251

Nathan, relating to 640

Nathan, Jr., relating to 540

Nathaniel, relating to 291

Samuel, relating to 251

Wm., relating to 454

Fourteenth Massachusetts Turnpike Corporation, act in addition to

act incorporating 67

Fountain, Barnabas, relating to 540

Fowler, Benjamin, relating to 953

Chauncey B., relating to 123

Jedidiah, relating to 452

Morris, relating to 954

Samuel, relating to 148

Simeon, relating to 429

Simeon, and John Brewer, resolve on petition of . . 411, 424

Titus, relating to 123

Fox, John, relating to ... 201

Sarah, relating to 202

Foye, Robert, grant to 886

Framingham, town of, account allowed for support of poor 383, 451, 865

Francis, John P., relating to 869

Peter, relating to 459

Franklin Academy, name of free school in North Parish in town of

Andover changed to 486

Franklin school, in South Parish in town of Attleborough, act

amending act establishing 587

trustees of, incorporated 18

Franklin, town of, account allowed for support of poor . . 383, 865

Franklin, John, and wife, relating to 864

Fraser, Thomas, relating to 431

Frazier, Alexander, relating to 454, 954

David, resolve on petition of 420

Free school in North Parish in Andover, name changed to Franklin

Academy 486

Freeman, Constant, account allowed .... 383, 451, 865, 950

James, trustee, appointed 608

Nathaniel, authorized to call meeting 610

Nathaniel, trustee, appointed 608

Samuel, account allowed 958

1032

Index.

Page

Freeman, Samuel, and others, to call meeting 132

Samuel, relating to 22, 131, 307, 933

Timothy, relating to 425

William, relating to 269

Freetown, plantation of. Incorporated as town of Fairfax . . 744

Freetown, town of, account allowed for support of poor . 383, 865, 950

part of, incorporated as town of Fall River • . . .169

French, Frederick, relating to 161

Lemuel, adjutant, account allowed 456, 955

Nicholas, relating to 234

Front Street Corporation, in town of Boston, incorporated . . 698

Frost, George, relating to 452, 951

Joshua, relating to 716

Frye, Job, relating to 588

Fuller, Francis, relating to 36

Isaiah, relating to 601

James, relating to 540

Jedidiah, relating to 384, 866, 951

Oliver, relating to 648

Gadcum, Wm., heirs of, relating to
Gage, Asa, relating to .

Asa, trustee, appointed

Benjamin, relating to

Isaac, relating to

Jeremiah, relating to

John, relating to

Joshua, relating to

Peter, relating to

Peter, trustee, appointed .

Shubael, relating to .

Uriah, relating to

Uriah, trustee, appointed .
Gale, William, allowance to
Gallison, Henry, relating to
Gallop, John, alias John P. Gallup, relating to
Gallup, Abigail, resolve on petition of
Gallusha, Rachel, relating to
Galucia, Rachel, relating to

Galusha, Rachel, account allowed for support of poor
Gamwell, Samuel, account allowed
Gannett, Barzillai, aide-de-camp, account allowed

Caleb, and John Mellen, authorized to convey land
Gardiner, town of, incorporated .
Gardner, Gideon, relating to

John, account allowed

935

589

593

131

510

589

36, 155

155

589

593

589

593

878

284, 703

375

954

385

867

955

386, 455

mentioned 404

138

674

387, 458, 870

Index. 1033

Page
Gardner, Jno., relating to 434

Lodowick, relating to 52

Gardner & Treat, relating to 425

Gaskill, William, relating to 963

Gates, Thomas Asa, relating to 82

Gay, John, relating to 290

Timothy, estate of 441, 887

Gaylord, Ira, relating to 648

Gegger, Daniel, and Josiah, Indians, resolve on petition of . . 444
General court, members of, allowance to 399

members of, pay established 353, 835, 884

George, George, relating to 452, 951

Georgetown, town of, account allowed for support of poor . 451, 950

Getway, Andrew, relating to 952

Gibbs, Ezra, account allowed 384

Gibson, Abraham, relating to 698

John, relating to 698

Gilbert, John, relating to 82

Gilfilling, Robert, relating to 384, 451, 866

Gill, town of, account allowed for support of poor . 384, 451, 866, 950

Gill, Silas, relating to 949

Gillchrest, John, relating to 540

Samuel, relating to 540

Gilman, Arthur, relating to 933

Ebenezer, resolve on petition of 400

Mary, relating to 751

Peter, relating to 933

Ginn, Daniel, relating to 61

James, relating to 61

Joshua, relating to 61

Given, David, relating to 161

John, relating to 161

Glidden, John, relating to 555

Nabby, relating to 251

Gloucester, town of, account allowed for support of poor 384, 451, 866,

950
Gloucester Maiine Insurance Company, incorporated . . . 533
Goddard, Benjamin, relating to 698

Samuel, authorized to take the name of Samuel Brewer God-
dard 622

Thatcher, relating to 22

Godderd, Ashel, relating to 565

Goff, Leonard, relating to 648

Gold, Thomas, resolve on petition of 426

Goldthwait, John, relating to 396

Timothy, relating to 36

Goodfellow, John, relating to 954

Goodrich, Micali, relating to 106

1034 Index.

Page

Goodridge, Sewall, account allowed 459

William, relating to 252

Goodwin, Elizabeth, relating to 168

Francis L., relating to 845

Francis L. B., agent for Penobscot Indians, account allowed 388, 869

Ichabod, account allowed 870

Joseph, relating to 153, 506

Maj. Gen. Nathaniel, resolve on petition of ... . 370

Nathaniel, relating to 667

Nathaniel, resolve on petition of 440

Nathaniel, to call meeting 570

Nathaniel, and others, incorporated 774

Timothy, account allowed . 459

Goodwine, Timothy, account allowed 958

Gordon, Amos, relating to 269

John, relating to 935

Robert, relating to 936

Gore, Samuel, account allowed 958

Gorham Academy, established 231

grant of land to trustees of 849

Gorham, town of , account allowed for support of poor . 384,451,866
Standish, and Buxton, towns of, Methodist Society in, incor-
porated 649

Gorham, William, relating to 131

William, to call meeting 233

William, trustee, appointed 232

Gorton, John, relating to 740

Goshen, town of, account allowed for support of poor . . . 451

Gould, Daniel, relating to 120

Nathaniel, relating to 425

William, adjutant, account allowed 456, 955

Gouldsbury, Joseph, relating to 251

Governor, address of house of representatives in reply to speech of,

at opening of May session, 1802 354

address of house of representatives in reply to speech of, at

opening of January session, 1802 390

address of house of representatives in reply to speech of, at

opening of May session, 1803 831

address of house of representatives in reply to speech of, at

opening of January session, 1803 874

address of legislature to, relative to removal from office of

Hon. Theophilus Bradbury 856

address of senate in reply to speech of, at opening of May

session, 1802 356

address of senate in reply to speech of, at opening of January

session, 1802 389

address of senate in reply to speech of, at opening of May

session, 1803 833

Index. 1035

Governor, address of senate in reply to speech of, at opening of Jan-
uary session, 1803 872

authorized to appoint agent to superintend public lands in

district of Maine 438

authorized to appoint commissioners to form a standard for

weights and measures 858

authorized to raise a company of artillery in third division of

militia 908

authorized to raise a company of artillery in eighth division of

militia 887

authorized to raise a company of artillery in tenth division of

militia 445

authorized to raise a company of cavalry in town of Otisfleld 885