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

ACTS AND RESOLVES 



MASSACHUSETTS. 



1804-1805. 



[PuBLIgHED HY THE SeCRETART OF THE COMMONWEALTH, UXDER 
AUTHOKITY OF ChaPTEK 104, RESOLVES OF 1889.] 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS 



BOSTON : 

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

MDCCCIV. 



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 THIRTIETH 
DAY OF MAY, ANNO DOMINI, 1804. 



1804. — Chapter 1. 

[May SesBion, ch. 1.] 

AN ACT, IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
INCORPORATE HUGH McLELLAN & OTHERS, INTO A COM- 
PANY BY THE NAME OF MAINE FIRE AND MARINE INSUR- 
ANCE COMPANY." 

Be it enacted by the Senate and House of Bepresenta- 
tives, in General Court assembled, and by the authority 
of the same, That the Maine Fire and Marine Insurance 
Company in Portland be, and they are hereby authorized 
to invest Thirty thousand Dollars of their Capital Stock 
in Ileal Estate, any thing in the Act to which this is an 
addition to the Contrary notwithstanding. 

Approved June 14, 1804. 

1804. — Chapter 2. 

[May Session, ch. 2.] 

AN ACT TO CHANGE THE NAME OF THE TOWN OF FALL RIVER 
IN THE COUNTY OF BRISTOL. 

Be it enacted by the Senate and House of Bepresenta- 
tives, in General Court assembled, and by the authority 
of the same. That from and after the passing of this Act, 
the name of the said town of Fall River shall cease, and 
the said Town shall hereafter be called and known by the 
name of Troy — any law to the contrary notwithstand- 
ing : And nothing in this Act contained shall be construed 
to impair any rights of the said corporation ; but the in- 
habitants of said town shall have, enjoy, and exercise all 
the i)()wers, privileges and immiuiities as a corporation 
by the name of Troy — , in as full and ample a manner as 
thoui>h the name of the said Town had not been chano;ed. 

Approved June 18, 1804. 



6 



Acts, 1804. — Chapter 3. 



Preamble. 



Selectmen au- 
thorized to 
enforce the 
agreement. 



1804. — Chapter 3. 

[May Session, eh. 3.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO IN- 
CORPORATE CERTAIN PERSONS FOR THE PURPOSE OF MAK- 
ING A STREET FROM RAINSFORD'S LANE, IN THE TOWN OF 
BOSTON, TO THE BRIDGE PROPOSED TO BE BUILT FROM, AT, 
OR NEAR THE TOWN'S LANDING TO DORCHESTER NECK." 

Whereas William Brown and others, owners of lands 
adjacent to a line limited as the western side of the Street 
proposed by " An Act to incorporate certain persons for 
the purpose of making a street from Rainsford^ s Lane, in 
the Toimi of Boston, to the Bridge projjosed to be built 
from, at, or near the TownHs Landing to Dorchester 
JSTeck," have mutually agreed with each other (excepting 
ivith General Henry Jackson) and tcith the Corporation 
created by said Act, that the space of ten feet on the West- 
erly Side of said Street, excepting the land of the said 
Henry Jackson, shall for ever remain unincumbered tvith 
any building, under certain exceptions; and ichereas by 
the dissolution of said Corporation, after the completion 
of said Street, difficulties may arise as to the enforcement 
of said agreement : 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same; That after the dissolution of said Corpora- 
tion, the Selectmen of the town of Boston, shall have full 
power and authority to enforce a Compliance with the 
terms of said Agreement, at all times forever ; and if any 
building shall be erected within ten feet of the Western 
Side of said Street (excepting on the land belonging to 
Henry Jackson, Esquire,) unless it be a fence, wall, gate, 
cellar, way, steps, posts or pillars, not above six feet in 
height, nor covered, nor roofed other-wise than in the 
usual manner ; or unless it be an open portico or porch 
whose top or roof shall not be higher than the second 
story window frames of any house that may be built on 
said adjacent lands, and which shall not project more than 
five feet, from such house, — Such building or erection, 
not within the exceptions aforesaid, shall be considered a 
nuisance, and shall and may be abated and removed in 
the same manner as is provided by Law respecting nui- 
sances in Highways. Approved June 18, 1804. 



Acts, 1804. — Chapter 4. 



1804. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO REPEAL 
IN PART AND FOR MAKING FURTHER ADDITIONS TO THE ACT 
ENTITLED 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 
Rejoresentatives in General Court assembled, and by the 
authority of the same that the third and fourth Sections Parts of former 
of the Act which i)assed the ninth of March, one thousand '"^^'^p®*'- 
eio,ht hundred and four, which require " that forty pounds 
of Salt shall be put into each barrell of Fish when packed 
for Market, and the same proportion for teirces and half 
Barrels" — and "that none of the Fish called Monheden, 
shall be hereafter exported from this Commonwealth if 
salted with their heads on" be and hereby are repealed — 
and also that so much of the Act to prevent fraud and de- 
ception in packing pickled Fish, which passed the twenty 
third of June one thousand eight hundred and three, as 
requires that the Fish called Menheden shall be weighed 
be and hereby is repealed — and in lieu thereof 

Sect. 2d. Be it further enacted, that all the kinds of ofspiu^tiih!' 
Split Fish for Pickling, shall be well struck with Salt or 
pickel in the first instance, and preserved sweet, free from 
rust, taint or damage, and be close and well packed in good 
Casks, of the size and quality required by law, the Casks 
shall be filled full with the fish and Salt, putting in as 
much Salt with the Fish as is necessary for the preserva- 
tion of such Fish — and such as are for Exportation shall 
be branded by the inspector as the law directs. 

Sect. 3d. Be it further enacted, that the barrels, Barreis.jtR.may 
half barrels and Teirces, which hereafter may be used che'stDuu 
for the packing of Pickled Fish, or Fish dry Salted, may 
also be made of Chesnut, any thing in the aforesaid laws 
to the contrary notwithstanding. 

A'pproved June 20, 1804. 



8 



Acts, 1804. — Chapters 5, 6. 



act repealed. 



1804. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO SECURE 
TO OWNERS, THEIR PROPERTY, IN LOGS, MASTS, SPARS, AND 
OTHER TIMBER IN CERTAIN CASES." 

Be it enacted hy the Seriate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
Pait of previous the Same, That so much of the sixth section of an Act, en- 
titled, "An Act to secure to owners, their property in 
Logs, Masts, Spars, and other timber in certain cases," 
passed on the twenty-second day of February, in the year 
of our Lord seventeen hundred and ninety four, as is con- 
tained in a proviso in the same section, and is in these 
words, " Provided nevertheless, that nothing in this act 
shall be construed to extend to Connecticut River, or the 
River Merrimack," be, and the same is hereby repealed, 
and that the provisions of the first, second, third, fourth, 
and sixth Sections of said Act, be, and they are hereby 
extended to Conoecticut River, and to the River Merri- 
mack. Approved June 20, 1804. 



Proprietors 
constituted a 
body corpo- 
rate in MasHa- 
chusetts. 



Allowed to hold 
real estate. 



1804. — Chapter 6. 

[May Session, ch. 6.] 

AN ACT DECLARING THE PROPRIETORS OF THE PORTSMOUTH 
SALT-WORKS A CORPORATION WITHIN THIS COMMONWEALTH. 

Section 1. Be it enacted by the Senate and House of 
Bepreseyitatives, in General Court assembled, and by the 
Authority of the same. That the body corporate and poli- 
tic in the State of New Hampshire, known by the name 
of the Proprietors of the Portsmouth Salt works, be, and 
the same is hereby constituted a body politic and corpo- 
rate within this Commonwealth, and by that name may 
sue and be sued, prosecute and defend, in the same man- 
ner as other corporate bodies in this Commonwealth are 
authorized to do. 

Section 2. Be it further enacted. That to enable said 
Corporation to manufacture Salt on the Kittery Shore, 
they be, and hereby are authorized and empowered to 
take and hold in fee simple, or any less estate, any lands 
or other real property within this Commonwealth, not ex- 
ceeding the value of fifty thousand dollars, any law to the 
contrary notwithstanding. Approved June 21, 1804. 



Acts, 1804. — Chapter 7. 9 

1804. — Chapter 7. 

[May SessioD, ch. 7.] 

AN ACT TO INCORPORATE THE WESTERLY PARISH IN THE 
TOWN OF PARTRIDGEFIELD, IN THE COUNTY OF BERKSHIRE, 
INTO A SEPERATE TOWN BY THE NAME OF HINSDALE. 

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 tract of land, as cliscribed ^j^^fg^^'*" '"''"'^" 
within the following boundaries, with the Inhabitants 
thereon, be and they are hereby incorporated into a 
seperate town by the name of Hinsdale, Vizt. Begining 
at a stake and stones, the North east corner of lot No. 
seventy live in the North line of Partridgfield, thence 
southerly on the East line of the last mentioned lot, to 
the North line of lot No. Sixty two, thence turning West- 
ward on the North line of said lot, to the Northwest 
corner of the same, thence turning and runing on the west 
line of said lot No. Sixty two, to the North line of lot No. 
fifteen, thence west three rods to the North West corner 
of said lot, thence on the West line of said lot No. fifteen, 
to the North line of Partridge's grant, so called, or Joshua 
Jackson's farm thence turning Eastward, on said North 
line, to the Northeast corner of said Jackson's farm, 
thence Southerly, on the East line of said farm, to the 
North line of Lemuel Parson's farm, thence turninor on the 
North line, to the North East corner of said ftirm, thence 
Southerly on the East line of said Parsons ftirm, to the 
brook or river, thence runing on the said river, to the 
road leading from the west parish of said town to Middle- 
field, thence on said road, to the east line of the farm of 
John AVatson, thence on the east line of said Watsons 
farm, to the South East corner of lot No. one hundred 
and Eighteen, thence on the East line of lots No. one 
hundred and nineteen, one hundred & twenty, and one 
hundred & twenty one, to the south line of the said town 
of Partridgeficld, thence on the said south line to the South 
West corner of said town, thence Northerly on the West 
line of said Partridgeficld, to the South east corner of 
Dalton, thence Westerly on the South line of said Dalton, 
to the South East corner of lot No. Sixty in said Dalton 
thence Northerly to the Northwest Corner of lot No. thirty 
two in said Dalton, thence Eastcrl}^ in the North line of 
lot No. thirty two & lot No. Nine, to the South east 



10 



Acts, 1804. — Chapter 7. 



Provision for 
debts, taxes, 
and support 
of paupers. 



Proportion of 
State taxes. 



Town lines to 
be kept up. 



corner of lot No. Eight, in said Dalton, thence Northerly 
on the East line of said Dalton to the North-west Corner of 
lot No. Seventy two, in the North East Corner of Dalton, 
thence Easterly, in the North line of Partridgefield, to the 
bounds first mentioned. And the said town of Hinsdale 
is hereby vested, with all the powers, priviledges, rights, 
and immunities, to which other towns are entitled, and 
subject to all the duties which are required, of other 
towns, by the constitution and Laws of this Common- 
wealth. 

Section 2. And be it further enacted, that the Inhabi- 
tants of the said town of Hinsdale, shall be held to pay all 
arrears of taxes, which have been assessed upon them, 
together with their proportion of all debts owed by the 
said town of Partridgefield, prior to the date of this Act; 
and the said town of Hinsdale shall receive two fifth parts 
of the profits, rents or income arising from the Public lots 
in the town of Partridgefield (now lying in the town of 
Hinsdale) and shall pay two fifth parts, towards the sup- 
port of Abigail Thayer, so long as she shall be chargeable 
to the town of Partridgefield ; and all poor Persons who 
may hereafter become a town charge, shall be supported 
by the towns of Partridgefield, Hinsdale, or Dalton, in 
which part soever, such person may have been born, or 
in any other way gained a legal settlement, in the said 
towns of Partridgefield or Dalton previous to the division 
of the said town. 

Section 3d. And be it further enacted, that all future 
State Taxes, which may be levied on the said towns of 
Partridgefield and Hinsdale, previous to a New Valuation, 
shall be assessed and paid in the proportion of two fifths 
by the town of Hinsdale, and three fifths by the tow^n of 
Partridgefield, and that such part of the sum set to the 
town of Dalton, in the last Valuation, as the said towns 
of Dalton & Hinsdale shall agree upon, or as the Legis- 
lature shall hereafter order, shall be deducted from the 
Valuation of the town of Dalton, & set to the town of 
Hinsdale, and the said town of Hinsdale, shall be holden 
to pay in State taxes accordingly. 

Section 4. And be it further enacted, that the in- 
habitants of the said town of Hinsdale, shall at all times 
hereafter, keep up and maintain, by metts and bounds, 
the line between the towns of Partridgefield and Dalton, 
as it existed, before this act was passed. 



Acts, 1804. — Chapter 8. 11 

Section 5. And be U further enacted, that the Inhabi- fpec/'ng^ceriain 
tants of the town of Partridge field, and those that shall turnpike gate. 
be set off from the same and included in the town of 
Hinsdale shall at all times hereafter, be entitled to the 
same priviledges, respecting the passing the turnpike 
gate, which stands within the town of Hinsdale, and that 
the Inhabitants of that part of the town of Dalton, which 
is now included in the town of Hinsdale, shall at all times 
hereafter be liable to the payment of toll at the said turn- 
pike gate, in the same way as if this Act had not been 
made. 

Section 6. And be it further enacted, that any Jus- Fifst meeti.ig. 
tice of the peace for the County of Berkshire, be and he 
is hereby authorised, upon a})plication therefor to issue 
a warrant directed to some suitable inhabitant of the said 
town of Hinsdale, requiring him to notify and warn the 
Inhabitants thereof, qualified by law to Vote in town 
affairs, to assemble at such convenient time and place 
as shall be expressed in said Warrant, to choose such 
Officers as towns are by Law required to choose in the 
mouths of March or April, annually. 

Approved June 21, 1804. 

1804. — Chapter 8. 

[May Session, ch. 8.] 

AN ACT TO INCORPORATE JOSIAH BARKER, GEORGE MYRICK 
AND OTHERS, INTO A COMPANY BY" THE NAME OF THE NAN- 
TUCKET UNION MARINE INSURANCE COMPANY. 

Sec 1. Be it enacted, by the Senate and House of 
Representati[vl^es , in General Court assembled and by the 
authority of the same. That the said Josiah Barker, George Persons incor- 
Myrick & 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- 
[)orated into a Company and body politic, by the name of <'Orporate 
the Nantucket 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 
impleaded, appear, prosecute and defend to final eludg- 
ment and execution, and have a common seal, which they 
may alter at pleasure ; and may purchase, hold and con- 
vey any estate, real or personal for the use of said Com- 
pany, subject to the restrictions herein after mentioned. 



12 



Acts, 1804. — Chapter 8. 



Number and 
value of shares. 



Number of di- 
rectors, mode 
of election, Ssc. 



DirectorB to 
choose a presi- 
dent. 



Sec. 2d. A7id be it further enacted, thsit a Share in the 
Capital Stock of said Company shall be one hundred Dol- 
lars, and the number of shares shall be one thousand, and 
if the said number of shares are not already filled, sub- 
scriptions 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 authorised 
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. 

Sec. 3d. And be it further enacted. That the stock, 
property, affairs and concerns of the said Company shall 
be managed & conducted by seven Directors, one of whom 
shall be the president thereof, who shall hold their Offices 
for one Year, and until others shall be chosen, & 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 in January, in each and 
every year, at such time of the day, and at such place in the 
Town of Nantucket, as a Majority of the Directors for the 
time being shall appoint ; of which election })ublic notice 
shall be given by advertizing at two of the most public 
places in the town of Nantucket, 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 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 
stockholder 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 lawful to choose them on another Day, in 
manner herein prescribed. 

Sec. 4th. And be it further enacted, T\\?ii\\\Q T)ivect- 
ors so chosen shall meet as soon as may be after every 
election and shall choose out of their number one person 
to be president, who 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, 



Acts, 1804. — Chapter 8. 13 

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 pur- 
pose, to be held in the same manner as is herein before 
directed, respecting annual elections for directors and 
President. 

Sec. 5. And be it further enacted, That the president Board of di- 
and three of the directors, or four of them in his absence, 
shall be a board competent to the transacting of business ; 
and all questions before them shall be decided by a Ma- 
jority of Votes ; and they shall have power to make and 
prescribe such bye Laws, rules and regulations, as to them 
shall appear needful & 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 & servants employed, and the election of Directors, 
and all such matters as appertain to the business of Insur- 
ance ; and shall have power to appoint a Secretary, and 
so many clerks and Servants for carrying on of said busi- 
ness, and with such Salaries & allowances to them & 
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 and Laws of this 
Commonwealth. 

Sec. 6th. And he it further enacted, That there shall Meetings. 
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 ; & the president & 
a Committee of three of the Directors, to be by him ap- 
pointed in rotation, shall assemble daily, if need be, for 
the dispatch of business ; & the said board of directors, 
and the Committee aforesaid, at & during the pleasure of 
the board, shall have power and authority on behalf of 
the Company, to make insurance upon vessels, freights, Business de- 
money, goods & effects, and against the Captivity of Per- 
sons, and on the life of any person during his absence by 
sea, & in Cases of money lent upon bottomry & respon- 
dentia, & 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 ina- 
bility or absence, by any two of the Directors, & Counter- 
signed by the Secretary, and shall be binding & obligatory 
upon the said Company, and have the like effect and force 



14 



Acts, 1804. — Chapter 8. 



Bemi-anmial 
dividends to 
be made. 



affi'Cling cap 
ilal 



as if made under the seal of said Company ; & 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. 7. Aiid be it further enacted. That it shall be the 
duty of the directors, on the second Monday of January 
& June in every year, to make dividends of so much of 
the Interest arising from their Capital Stock, and the 
profits of said Company, as to them shall appear advisable, 
but the monies received & the notes taken for premiums 
on risks which shall l)e undetermined and outstanding at 
the time of making such dividends, shall not be considered 
inca«eof lopses as part of tlic protits of the Company ; and in case of any 
loss or losses, whereby the Capital Stock of the Company 
shall 1)e lessened, each proprietor or stockholder's estate 
shall be held accountable for the deficency 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, & at such time or 
times, as the president & 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 tw^o years & oftner if required by a 
majority of the Votes of the stockholders, the directors 
shall lay l)efore the stockholders, at a legal meeting, an 
exact & particular statement of the Profits, if any there 
be, after deducting losses & dividends. 

Sec. 8. And be it fur titer enacted. That the said 
Company shall not directly nor indirectly, deal or trade 
in business, buying or selling any goods, wares or Mer- 
chandize, or Commodities, whatever ; and the Capital 
Stock of said Company, after being Collected at each 
instalment, shall within Six Months, be vested either in 
the funded debt of the United States or of this Common- 
wealth or in the Stocks of the United States Bank, or of 
any incorporated Bank of this Commonwealth, at the 
discretion of the president & directors of said company, 
or of other Office [r]s which the Stockholders shall for 
such purpose appoint. 

Sec. 9. And })e it further enacted. That Fifty dol- 
lars on each share in said Company shall be paid Avithin 
Ninety days after the first meeting of said Company, and 



Company not 
to engage in 
trade. 



Payment for 
stock. 



Acts, 1804. — Chapter 8. 15 

the remaining sum due on each share within one year 
after said first meeting, l)y such equal instahuents, and 
under such penalties as the said Company shall direct ; 
and no transfer of any share in said Company shall be 
permitted, or be valid, until all the instalments on such 
shares shall have been paid. 

Sec. 10th. And be it further enacted, That no per- Eligibility of 
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. 11. And be it further enacted, That the prop- shares liabie to 

,/. 1 c • 1 r^ xi'xi attachment and 

erty or any member or said Company, vested in the execution. 
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 attach- 
ment 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 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 divi- 
dends due thereon ; and when any such share or shares 
shall be attached on Mesne process, or taken in execu- 
tion, an attested Copy of such writ of attachment or ex- 
ecution 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 
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, & 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, not- 
withstanding any intervening transfer. 

Sec. 12. And be it fuHher enacted. That in case of equaiVthe''^' 
any loss or losses taking place, that shall be equal to the capital. 
amount of the Capital stock of said company, and the 
president & directors, after knowing of such loss or losses 
taking place, shall subscribe to any policy of Insurance, 



16 



Acts, 1804. — Chapter 9. 



Amount of 
stock, &c. to 
be published 
annually. 



Statement to 
be laid before 
legislature 
when required. 



First meeting. 



Insurance 
limited. 



their estates, jointly & severally, shall be accountable for 
the amount of any and every loss which shall take place 
under policies thus subscribed. 

Sec. 13. And be it further enacted, That the presi- 
dent & directors of said Company, shall, previous to their 
subscribing to any policy, & once in every year after, 
publish in two of the most public places in the Town of 
Nantucket, the amounts of their stock, against what risks 
they mean to insure, and the largest sum they mean to 
take on any one risk. 

Sec. 14. And be it further enacted, That the presi- 
dent & 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 affairs of said 
Company, & submit to an examination, under Oath, con- 
cernins: the same. 

Sec. 15. And be it further enacted, That Josiah 
Barker, & George My rick or either of them, 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 first board 
of Directors, who shall continue in ofiice until the second 
Monday in January, one thousand eight hundred and five, 
& until others are chosen in their stead. 

Sec. 16. And be it further enacted, That the said 
president and directors shall not be allowed to insure on 
any one risk, a larger sum than Ten ^ Centum of the 
amount of the Capital stock of said Corporation, actually 
paid in. Aj^proved June 21, 1804. 



Boundaries. 



1804. — Chapter 9. 

[May Session, ch. 9.] 

AN ACT TO ANNEX A CERTAIN GORE OF LAND IN THE COUNTY 
OF KENEBECK, TO THE TOWN OF WAYNE IN SAID COUNTY. 

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 unincorporated Gore of 
Land in the County of Kennebec, described within the 
following boundaries, Vizt. begining at the Southeast 
Corner of the town of Fayette, on the Easterly side of 
Lain's Pond so called, thence runing East to the West- 
erly line of Reedfield, thence Southerly on the West line 



Acts, 1804. — Chapter 10. 17 

of said Reedfield until it strikes the line of Wayne — thence 
North twenty two and an half degrees, West, to the tirst- 
mentioned bounds, with the Inhabitants thereon be and 
they are hereby Annexed to the town of Wayne within 
said County of Kennebec, and shall hereafter be con- 
sidered as part of the same. Approved June 21, 1804. 

1804. — Chapter 10. 

[May Session, ch. 10.] 

AN ACT TO ESTABLISH AN ACADEMY IN THE TOWN OF MONSON, 
BY THE NAME OF THE MONSON ACADEMY, AND TO CREATE 
A CORPORATION OF TRUSTEES FOR THE SAME. 

Whereas the encouragement of Literature in the rising Preamble. 
generation, has ever been considered by the wise and good 
as the basis upon which the safety and happiness of a free 
people ultimately depends; And Whereas Abel Goodell, 
Esqr. and others have petitioned this Court for the estab- 
lishment of an Academy in Monson, in the County of 
Hainpshire, for that purpose : 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, That an Academy for the instruc- Academy 
tion of Youth in Learning, Virtue and Religion, be, and established. 
hereby is established at Monson, in the County of Hamp- 
shire, by the name of The Monson Academy. 

Sec. 2. And be it further enacted. That Abel Goodell, JorateT '°°°'^' 
Esqr., the Revd. Samuel Willard, Revd. Jesse Ives, Revd. 
Ephraim Ward, Revd. Moses Baldwin, Revd. Moses 
Warren, Revd. Ezra Witter, Revd. Richard S. Storrs, 
Aaron Merrick, Darius Munger, Gad Cotton, Rufus Flynt, 
Azel Utley, Joel Norcross and Ede Whitaker, be, and 
they hereby are, established a body Corporate, by the corporate 
name of. The Trustees of Monson 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, and prosecute or defend suits 
by their Agent or Agents appointed for that purpose ; to 
take, hold and improve any estate, real or personal, and 
the same to lease, exchange or sell and convey for the 
benefit of the said Academy, by deed or deeds duly ex- 
ecuted by their Treasurer or other Officer or Agent, being 
thereunto authorised by the said Corporation ; Provided, 
that the Annual income of the whole estate of the said 
Corporation shall not exceed five thousand dollars. 



18 



Acts, 1804. — Chapter 11. 



Clerk, treas- 
urer, instruct- 
ors, &c. to be 
appointed. 



Trustees may 
be elected. 



Number of 
trustees. 



First meeting. 



Sec. 3. And be it farther enacted. That the said 
Trustees shall have power, from time to time to appoint a 
clerk, who shall be under Oath, and a Treasurer, who 
shall give bond for the faithful discharge of his Trust, & 
such other officers and instructors of the said Academy, 
as the said Trustees may judge needful and proper, and 
also to determine the time and place of their Meetings, 
the mode of warning the same, of electing officers and 
trustees, and of transacting all other business, and to 
ordain necessary and reasonable orders, regulations and 
by-laws for the instruction and government of the said 
Academy, not repugnant to the constitution and Laws of 
this Commonwealth. 

Sec. 4. And be it further enacted, That when any 
of the said Trustees, shall die, or resign, or by age, in- 
firmity, or otherwise, become incapable of discharging his 
said trust, in the judgment of the major part of the said 
Trustees, the survivors may fill such vacancy by electing 
a successor. 

Sec. 5. And be it further enacted, That the number 
of the said Trustees, shall not, at any time, be more than 
fifteen, 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 the major part of the 
Trustees present, and in case of an equal division, by the 
casting vote of the presiding Trustee. 

Sec. 6. And be it furtJier enacted, That Abel Good- 
ell, Esqr., be, and he hereby is authorised to appoint the 
time and place of the first meeting of the said Trustees, 
and give them notice thereof. Approved June 21, 1804. 



Preamble. 



1804. — Chapter 11. 

[May Session, eh. 11.] 

AN ACT TO AUTHORISE THE TOWN OF DUXBURY IN THE COUNTY 
OF PLYMOUTH TO KEEP UP AND MAINTAIN A BRIDGE AND 
MILL-DAM ON AND OVER BLUE-FISH RIVER, SO CALLED, IN 
SAID TOWN. 

lV7iereas the town of Duxbury in the Count]/ of Plym- 
outh has erected a Bridge over Blue Fish River, so called, 
in said Town, which bridge is of great Public utility : And 
whereas said Town have petitioned this Court for leave to 
use the sa7ne bridge as a Mill-dam, for the purpose of rais- 
ing a pond to work Mills. 



Acts, ISOl. — Chapter 11. 19 

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 Town of Duxbury in the Town author- 
County of Plymouth be, and is hereby authorised & em- ta?na*bHdg°e 
powered to keep up and maintain the bridge and dam ^'^'*'"- 
now erected on and over said Kiver, and to erect and 
maintain gates therein, for the purpose of stopping the 
water to work Mills. 

Sec. 2, And be it further enacted by the authority 
aforesaid, That the said town of Duxbury shall forever keep Passageway to 
and maintain a passage way through said bridge and dam, ^^ "^^p' "p*^"- 
at least twenty six feet wide, and in the deepest water, 
with a good and convenient draw over the same, to be 
opened and shut, at the expence of said Duxbury, for all 
vessels to pass and repass. 

Sec. 3. And be it further enacted by the authority 
aforesaid. That the flood gates which may be used for the Draw and gates 
purpose of stopping the Water, shall be so constructed ocMsiXmaV^ 
that they will not fail to be opened by the flood tides, '"''i'"'"^- 
And said Town shall constantly keep one suitable person 
at or near said bridge, whose duty it shall be to open said 
draw and gates when requested so to do by any person 
wanting to pass through the same with any ship or vessel. 
Provided, the opening of said gates be practicable at the 
time the request shall be made as aforesaid, and in case 
any person shall desire to pass through said bridge or 
dam, on the ebb tide, with any ship or vessel, and shall, 
at any time before the tide shall have risen within one 
foot of the top of said gates, signify such his desire to the 
person who shall be appointed to open said draw & gates, 
said draw shall be opened, and said gates shall be fastened 
open, and so kept, until the water in the passage way shall 
not exceed in height six feet. And in case said draw Penalty. 
shall not be opened, and said gates fastened opened as 
aforesaid, after notice as aforesaid, then in every such 
case the said Town of Duxbury shall forfeit and pay to 
the person so having signified his desire as aforesaid, a 
sum not exceeding one hundred dollars, nor less than five 
dollars to be recovered in an Action of the case before 
any Court having competent jurisdiction to try the same. 
Sec. 4. And be it further enacted by the authority 
aforesaid, That the said town of Duxbury be, and hereby Owners of salt 
is empowered and obliged to dig and remove from above i™demn°fled for 
and below the passage way in said dam so much of the ^°^ removed. 



20 



Acts, 1804. — Chapter 12. 



Salt marsh as now does, or hereafter may, impede or ob- 
struct said passage. And in case the said town of Dux- 
bury cannot agree with the owner or owners of said Salt 
Marsh, as to the price of such part of said Marsh as may 
be taken and used by said town for the purpose aforesaid, 
either party shall have a right to have the damages deter- 
mined by a Jury, at the Court of Sessions, as is provided 
in case of highways. Provided always that nothing in 
this Act shall be construed to prevent any owner of lands 
which may be flowed in consequence of said dam from 
recovering the damage sustained thereby. 

Approved June 21, 1804. 



Time of hold- 
ing courts 
altered. 



1804. — Chapter 12. 

[May Session, ch. 12.] 

AN ACT TO ALTER THE TIMES FOR HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEACE WITHIN THE COUNTY 
OF YORK, AND FOR REPEALING PART OF AN ACT HERETO- 
FORE MADE FOR THAT PURPOSE. 

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 first day of 
July next, the time for holding the Court of General Ses- 
sions of the Peace within and for the County of York, 
shall be at Waterborough, on Wednesday next preceeding 
the fourth Tuesday of August ; and at York, on Wednes- 
day next preceeding the third Tuesday of April, annually, 
any law to the Contrary notwithstanding. 

Sec 2. And be it further enacted by the authority 
Parts of former aforesaid. That, that part of the Act, entitled, " An Act 
to alter the time of holding one of the Courts of Gen- 
eral Sessions of the peace & Courts of Common pleas in 
the County of York," which provides for holding a Court 
of General Sessions of the Peace at Biddeford, in the 
County of York, on the last Tuesday of October, annu- 
ally, and all laws regulating the holding the Court of the 
General Sessions of the Peace at Waterborough, on the 
fourth Tuesday of August, and on the third Tuesday of 
April, annually, be, and the same are hereby repealed. 

Approved June 21, 1804. 



acts repealed. 



Acts, 1804. — Chapters 13, 14. 21 

1804. — Chapter 13. 

[May Session, ch. 13.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT TO IN- 
CORPORATE, SUNDRY PERSONS, BY THE NAME OF THE PRES- 
IDENT & DIRECTORS OF THE UNION BANK." 

W7iereas the appointment of the Treasurer for the time Preamble. 
being i to he, ex officio, a Director of the Union Bank, and 
Boston Bank, at the same time, is found to be too burthen- 
some to that Officer, and repugnant to the general I'egula- 
tions of both said Banks: therefore — 

Section 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 treasurer of 
this Act, the Treasurer for the time being shall cease to ceases to be'a 
be a Director of the Union Bank, by virtue of his Office '^"■®°''""' 
aforesaid. 

Section 2. Be it further enacted, That from and after secretary of 
the passing of this Act the Secretary of this Common- foTeTdTe^to? 
wealth, for the time being, shall, ex officio, be a Director «*''-^"''- 
of the Union Bank, until the further Order of the Legis- 
lature. Approved June 21, 1804. 

1804. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO IN- 
CORPORATE THE PLANTATION CALLED SHEPARDSFIELD IN 
THE COUNTY OF CUMBERLAND INTO A TOWN BY THE NAME 
OF HEBRON." 

WJiereas by an Act passed the sixth day of March in preamble. 
the year of Our Lord One thousand seven hundred and 
ninety tivo, entitled, "An Act to incorporate the planta- 
tion called Shepardsjield, in the County of Cumberland, 
into a toion by the natne of Hebron " tJie bounds therein 
mentioned are vague and uncertain; — for remedy whereof. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That so much of the Act passed the sixth day Boundaries. 
of March One thousand seven hundred and Ninety two, 
entitled, "An Act to incorporate the plantation called 
Shepardsfield in the County of Cumberland, into a town 
by the name of Hebron ", as relates to the boundary lines 
thereof, be and the same hereby is repealed ; and that 



^ 



22 Acts, 1804. — Chapter 15. 

the bounds of said Town of Hebron, shall from and after 
the passing of this Act, be as follows vizt. Beginning 
at the most southwesterly corner of the town of Turner, 
from thence north twenty six degrees east on the westerly 
line of said Turner to the corner between the town's of 
Hebron and Buckfield, which was made by John Jordan 
in the year One thousand seven hundred and eighty five, 
from thence north seventy degrees west on the line run 
by said Jordan for the southerly line of Buckfield, about 
five Miles and one half to the easterly side line of the 
town of Paris, from thence south fourteen degrees east in 
said side line to the south-east corner of Paris, thence 
south sixty eight degrees west, in the southerly end line of 
said Town to the south west corner thereof, thence north 
fourteen degrees west on the Westerly side line of said 
town, two miles to a stake, thence south fifty four degrees 
west on the foot line of Norway to the easterly line of 
the town of Otisfield (commonly called the Parker line,) 
thence south twenty five degrees east in said Parker line 
about seven miles and one half to the northerly side 
line of the town of Poland, thence north-east on the head 
lines of Poland and Minot which was run by Amos Davis, to 
the Northeast corner of said Minot, thence southeasterly 
about One hundred and fifty rods to the first bounds. 

Approved June 21, 1804. 

1804. —[Chapter 15. 

[May Session, ch. 15.] 

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

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General court assembled and by the 
Mercer incor- authority of the Same, That the plantation heretofore 
porated. called Industry in the county of Kennebeck, contained 

within the following boundaries, together with the Inhab- 
itants thereon, be, and they are hereby incorporated into 
a town by the name of Mercer, beginning at the south- 
west corner of Starks, thence runing easterly to the 
southerly line of Starks aforesaid, to the westerly line of 
Norridgewock, thence southerly on the westerly line of 
said Norridgewock to the southwesterly corner thereof, 
thence East One mile and a half, thence south so far as to 



Acts, 1804. — Chapter 16. 23 

intersect a line to be run East from the northeast corner 
of Rome, thence west by the line of said Rome to the 
easterly line of New Sharon, thence northerly l)y the 
easterly line of said New Sharon to the Southeast corner 
of the plantation aforesaid, thence north to the first men- 
tioned bounds. — And the said Town is hereby vested 
with all the powers, privileges, and immunities, which 
other Towns in this Commonwealth do or may enjoy, 
consistent with the Constitution of said Commonwealth. 

Sec. 2. A^id be it further enacted, That Samuel Pres- First meeting. 
cott Esquire, or any other Justice of the Peace in said 
County is hereby authorised to issue his warrant, directed 
to some suitable Inhabitant of said town of Mercer, re- 
quiring him to notify and warn the Inhabitants thereof, 
qualified to vote in Town Affairs, to meet at such con- 
venient time and place as shall be expressed in his said 
warrant, to choose all such OflBcers, as Towns are by law, 
authorised to choose in the months of March or April 
annually. Approved June 22, 1804. 

1804. — Chapter 16. 

[May Session, ch. 16.] 

AN ACT TO AUTHORIZE SAMUEL BORDEN TO BUILD A BRIDGE 
FROM THE EASTERLY SIDE OF CROW ISLAND, LYING IN 
ACQUSHNET RIVER, TO THE MAIN LAND, IN THE VILLAGE OF 
FAIRHAVEN, IN THE TOWN OF NEW BEDFORD, IN THE 
COUNTY OF BRISTOL. 

Whereas application hath been made to this Court, for Preamble. 
leave to erect a bridge across from the Easterly side of 
Croio Island in Acqushnet River, to the village of Fair- 
haven, in the town of New Bedford, in the County of 
Bristol, & it appearing , that a Bridge in the said place, 
will be a great accommodation, to the said Borden, and 
of general utility to the Neighbourhood . 

Sec. 1. Be it enacted by the Senate, and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Samuel Borden, and such The building 
persons as may hereafter associate with him, their heirs authorized. 
and assigns, be, and hereby are empowered to erect a 
bridge, from the Easterly side of Crow Island, in Acqush- 
net river aforesaid, to Fairhaven village, in the town of 
New Bedford aforesaid, a few feet south of the dwelling 
of the widow Elizabeth Adams to the land of the said 



24 



Acts, 1804. — Chapter 17. 



Samuel Borden, and for that purpose they are hereby 
made and constituted a Corporation, and Body Politic, 
for the purpose aforesaid, by the Name of the Proprietors 
of Crow Island Bridge, and by that Name may sue and 
be sued to final Judgment and execution, and do, and 
suffer all matters, Acts, and things, which bodies politic, 
may, or ought to do and suffer : — And the said Corpora- 
tion may have a common Seal, and the same may break, 
or alter at pleasure. 

MateriaiB, &c, g^c. 2d. And be it further enacted, that said Bridge 
shall be made with good and durable materials, and be so 
constructed, as to have a draw of, at least, twenty eight 

, feet in width, which draw shall be raised up, for all ves- 

sels, without toll, or pay, during day light, in each day : 
— Provided, that said Bridge shall be built within the 
term of two Years, from the passing of this act, otherwise 
the same Act shall be void and of no effect. 

Approved June 22, 1804. 



Unity incorpo- 
rated. 



First meeting. 



1804. — Chapter 17. 

[May Session, ch. 17.] 

AN ACT TO INCORPOE)ATE THE PLANTATION CALLED TWENTY 
FIVE MILE POND IN THE COUNTY OF KENNEBECK INTO A 
TOWN BY THE NAME OF UNITY. 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same. That the plantation heretofore 
called twenty five mile pond, in the County of Kenne- 
beck, contained within the following boundaries, together 
with the Inhabitants thereon, be incorporated into a Town 
by the name of Unity, Beginning at the northerly corner 
of the Waldo Patent, thence runing westerly on the 
southerly line of Township number four One hundred 
and Sixty rods ; thence west north west five miles, thence 
south southwest six miles, thence east south East to the 
Waldo Patent line, thence on said line to the first men- 
tioned bounds ; And the said Town is hereby vested with 
all the powers privileges, and immunities which other 
Towns do or may enjoy by the Constitution and Laws of 
this Commonwealth. 

Sec. 2. And be it further enacted, That any Justice 
of the Peace within the County of Kennebeck, may, and 
he is hereby empowerd to issue his warrant directed to 



Acts, 1804. — Chapter 18. 25 

some suitable Inhabitant of the said town of Unity re- 
quiring 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 are, by law, required to choose 
in the Months of March or April annually. 

Approved June 22, 1S04. 

1804. — Chapter 18. 

[May SesBion, ch. 18.] 

AN ACT TO ALTER ONE OF THE TERMS OF THE COURT OF 
COMMON FLEAS, AND COURT OF GENERAL SESSIONS OF THE 
PEACE, FOR THE COUNTY OF BARNSTABLE. 

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 Court of Common Pleas, Time of holding 
and Court of General sessions of the Peace, now by Law 
appointed, to be holden, annually, at Barnstable, within 
and for the County of Barnstable, on the first Tuesday of 
November, shall, in future, be annually holden at the 
same place on the third tuesday in September, any law 
to the contrary notwithstanding. 

Sec 2d. And be it further enacted, that all actions, Business made 

.... . T . returnable at 

suits, writs, processes, precepts, appeals, recognizances, new term. 
and all matters whatsoever, already commenced, sued 
out, or pending in said Courts, or that hereafter may be 
commenced, sued out, or returnable to either of the Courts 
aforesaid, on the first tuesday of November ; 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 first tuesday 
of November, 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 Barn- 
stable, on the said third tuesday of September. 

Approved June 22, 1804. 



26 Acts, 1804. — Chapter 19. 



1804. — Chapter 19. 

[May Session, ch. 19.] 

AN ACT TO INCORPORATE TOWNSHIP NUMBER ONE, IN THE 
SECOND RANGE OF TOWNSHIPS ON THE WEST SIDE OF 
KENNEBECK RIVER, IN THE COUNTY OF KENNEBECK, INTO 
A TOWN BY THE NAME OF EMDEN. 

Sec. 1. Be it enacted by the Seriate and House of 

Bepresentatives in Geiieral Court assembled, and by the 

Emdenincor- authovity of the Same , Th'Sii the Township Number One, 

porated. ^^ ^^^^ ^^^^^ ^.^^ ^^ Kenncbeclv Kiver, in the Second 

range, north of the Plymouth Claim, in the County of 
Kennebeck, contained within the following boundaries, 
together with the inhabitants thereon, be, and are hereby 
incorporated into a Town by the name of Emden, begin- 
ning at a marked tree, on the bank of Kennebeck River, 
at the north east corner of the Plymouth claim, thence 
runing west on the line of Anson, six miles, to a marked 
tree, thence north six miles to the south line of the Million 
Acres, so called, located on the Kennebeck River, thence 
East on the line of the Million Acres aforesaid, about six 
Miles to the middle of the Channel of said Kennebeck 
River, thence following the middle of the Main Channel 
of Kennebeck River down said river until it intersects a 
line runing East from the first mentioned bounds, thence 
west on said line to the bounds first mentioned — And the 
said Town is hereby vested with all the powers, privileges, 
and immunities, which other Towns do or may enjoy, by 
the Constitution and Laws of this Commonwealth. 
First meeting. Sec. 2. And be it fuvthev euacted. That any Justice 
of the peace within the County of Kennebeck may, and 
he is hereby empowered to issue his warrant, directed 
to some suitable inhabitant of the said Town of Emden, 
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 said warrant, to choose all 
such OjOScers as Towps are, by law, required to choose in 
the mouths of March or April annually. 

Approved June 22, 1804. 



Acts, 1804. — Chaptees 20, 21, 22. 27 



1804. — Chapter 30. 

[May Session, ch. 20.] 

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

Be it enacted by the Senate and House of Representa- 
tives in General Court assetnbled, and hy the authority 
of the same, That the Act, entitled " An Act establi.shing 
and regulating the fees of the several OfScers, and other 
persons hereafter mentioned, and for repealing the laws 
heretofore made for that purpose," be and hereby is con- 
tinued in force. ^~~Approved June 22, 1804. 

1804. — Chapter 31. 

[May Session, ch. 21.] 

AN ACT TO SET OFF DAVID BARNARD, FROM THE NORTH PAR- 
ISH IN THE TOWN OF ANDOVER, AND ANNEX HIM & HIS 
ESTATE TO THE SOUTH PARISH IN THE SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same. That David Barnard, of Andover in the 
County of Essex, with his Polls and Estate, be, and 
hereby is set off from the North, and annexed to the South 
Parish in said Andover : Provided that the said David 
Barnard, shall previously pay his proportion of all parish 
charges assessed upon him and due to the said North 
Parish, prior to the date of this Act. 

Approved June 23, 1804. 

1804. — Chapter 33. 

[May Session, ch. 22.] 

AN ACT TO SET OFF JOHN WHITING, MOSES CRAIGE, JESSE DAY, 
ELIJAH CRAIG, BENJAMIN WARE JUNR., JEREMIAH COBB, 
AMHERST MANN AND ALFRED BACON, FROM THE NORTH 
PARISH IN WRENTHAM IN THE COUNTY OF NORFOLK, AND 
TO ANNEX THEM AND THEIR ESTATES, TO THE FIRST PAR- 
ISH IN SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 



28 



Acts, 1804. — Chapter 23. 



the same. That John Whiting, Moses Craige, Jesse Day, 
Elijah Craig Benjamin Ware Jiinr., Jeremiah Cobb, Am- 
herst Mann, and Alfred Bacon, with their polls and estates 
lying in the first parish in Wrentham in the County of 
Norfolk, but incorporated with the north parish in the same 
town, be, and hereby are set off from the north parish, 
and annexed to the first parish in Wrentham, together 
with the whole of the estate of Jeremiah Cobb late of 
said Wrentham yeoman deceased : Provided nevertheless. 
That the said John Whiting, Moses Craige, Jesse Day, 
Elijah Craig, Benjamin Ware Junr., Jeremiah Cobb, Am- 
herst Mann, and Alfred Bacon, be held to pay all taxes 
already legally assessed on them by said north parish in 
Wrentham. Approved June 23, 1804. 



Preamble. 



Persons incor- 
porated. 



Corporate 
name. 



1804. — Chapter 33. 

[May Session, eh. 23.] 
AN ACT TO INCORPORATE LUCRETIA OSGOOD AND OTHERS INTO 



A SOCIETY BY THE 
TABLE SOCIETY. 



NAME OF THE SALEM FEMALE CHARI- 



Whereas a number of Ladies of the Town of Salem 
have associated for the Charitable jjurpose of releiving, 
instructing and educating, in a manner suitable to their 
condition and situation in life, poor and destitute female 
Children; and of assisting aged and infirm widows who 
through misfortunes have fallen inta poverty and distress; 
and to carry their association into effect have petitioned to 
be incorporated. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the satne, that the said Lucretia Osgood, 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 " Salem Female Charitable 
Society," and by that name shall be a Corporation forever ; 
with power to have a Common Seal ; to make Contracts, 
relative to the objects of their institution ; to sue and be 
sued ; to establish bye Laws and orders for the regula- 
tion of the said Society, and the preservation and appli- 
cation of the funds thereof, provided the same be not 
repugnant to the Constitution or Laws of this Common- 
wealth ; to take hold and possess any estate, real or per- 



Acts, 1804. — Chapter 23. 29 

sonal, by subscriptions, 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 insti[^?f]tion : Provided, the Value of the real estate 
of said Society shall never exceed Forty thousand Dol- 
lars, and the annual income of the whole estate of said 
Society shall not exceed Twenty thousand Dollars. 

Sect. 2d. Be it further enacted, that every married Husbands to be 

-r-TT -11 • • -I i> • ^ 1 11 -ii j^i accountable for 

Woman belono-mo- to said feociety, who shall, with the money paid 

• 1 their wives &c 

consent of her husband, receive any of the money or other 
property of said Society, shall thereby render her said 
husband accountable therefor to said Society ; and every 
woman, w^hether sole or married, who shall subscribe and 
pay to the funds of said Society the sum of three dollars 
annually, shall by such subscription and payment, be- 
come a member of said Society, liable, however, to be 
removed whenever she shall refuse or neglect to pay her 
said annual subscription. 

Sect. 3d. Be it further enacted., that the said Society Annual meet- 
shall meet in Salem, on the first Wednesday of may, an- oTomceV&c. 
Dually for the purpose of electing by ballot, from their 
members, a first and second directress, a Treasurer, a 
Secretary and a board of not less than Six nor more than 
twelve managers, all which Officers shall hold their said 
Oflices 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 & place of each 
annual meeting, in one or more of the newspapers printed 
in Salem, at least seven days, before the time of holding 
the same. Upon any urgent Occasion, the first or second special meet- 
Directress, or in their absence the Secretary, or, when- 
ever requested in writing by fifty of the 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 OflSce ; provided, that in Case of removal, 
two thirds of the members present being a majority of the 
whole Corporation, shall concur. 

Sect. 4. Be it further enacted, that the Treasurer of Treasurer to 
said society shall always after the first Wednesday of May woman and to 
next be a single woman of the age of twenty one years or ^^^ 
upwards, and shall give bond, with sufficient surety or 



30 



Acts, 1804. — Chapter 23. 



Board of man- 
agers to have 
direction of 
funds; to re- 
ceive children, 
Sec. 



Parents may 
recover their 
children upon 
payment of 
expenses 
incurred. 



Service of 
writs, &c. 



sureties, to account annually, or oftner if required by 
said society or the board of Managers, 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. 5. Be it further enacted, that the board of 
managers for the time being, including the first and 
second Directress, shall have the management and appli- 
cation of the Subscriptions, funds & 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, except 
by their order, they shall likewise have authority, at 
their discretion, to take under the care and direction of 
their Society, such poor and destitute Children, as they 
may judge suitable objects of Charity, to enjoy the bene- 
fits 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, and to bind out in 
virtuous families until the age of eighteen years, or mar- 
riage within that Age, any such Children thus surrendered, 
or any female child or children, who, being destitute of 
parents within this Commonwealth, shall have been re- 
leived and supported by said Society : provided, that any 
parent, whose Child or Children, during the absence of 
their said Parent out of this Commonwealth, shall have 
received releif & support, or been bound out as aforesaid, 
shall have liberty, on his or her return, to receive such 
Child or Children, upon paying to the Treasurer of said 
Society the expence incurred in her or their releif & sup- 
port as aforesaid ; and the managers shall have authority 
to establish any rules and bye-laws for the regulation of 
the proceedings of said board, & 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 including the first 
& second Directress. 

Sect. 6. Be it further enacted, that any writ or proc- 
ess against said Corporation may be served by the Offi- 
cers leaving an attested Copy thereof, with the Treasurer 
of said Society, or at her usual place of residence, thirty 



Acts, 1804. — Chapter 24. 31 

days before the return day thereof; and the said Treas- 
urer, or any agent appointed for that purpose by the 
Society or by the managers, may appear by Attorney, & 
defend or prosecute any suit in behalf of said Society. 

Sect. 7. Be it further enacted, That all instruments of contracts. &c. 
conveyance or contract, which may lawfully be made b}'^ 
said society, if approved by the board of managers, shall 
be signed by the first or second directress, and counter- 
signed by the Secretary, and, if necessar}'-, sealed with the 
Common Seal of said Society; and, when so executed, 
shall bind the said Society and be valid in Law. 

Sect. 8. And he it further enacted. That Lucretia Present officers 
Osgood shall continue first directress, Elizabeth White tnineweiec- 
second directress, Abigail Mason Dabney, Treasurer, '"'°' 
Elizabeth Gardner Secretary, Lydia Nichols, Eunice 
Richardson, Abigail Lawrence, Catherine G. Prescott, 
Margaret Murphy, Lucia Gardner, Lois Pulling, & Sarah 
Dunlap, Managers until the first Wednesday of May next, 
and until a new election shall be made as aforesaid ; and 
shall be and they hereby are invested, during said time, 
with all the powers herein given to said Ofiicers respec- 
tively who shall be elected pursuant to this Act. 

Approved June 23, 1804. 



1804. — Chapter 34. 

[May BessiOD, ch. 24.] 

AN ACT TO LIMIT AND ESTABLISH THE CAPITAL STOCK OF THE 
SUFFOLK INSURANCE COMPANY. 

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 Capital Stock of the said vaiue of shares 

■^•^ ' .... and amount of 

Suffolk Insurance Company shall be divided into shares capital. 
of seventy five dollars each ; 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 the sum of two 
hundred and twenty five thousand dollars, exclusive of 
premium Notes, and Profeits arising from their business : 
And the President and Directors of the said Company 
shall not from and after the passing of this Act be allowed 
to insure any sum, by which they shall hazard on any one 
risk, more than ten per Centum of the amount of their 



32 



Acts, 1804. — Chapter 25. 



Capital Stock : Any thing in the Act for incorporating 
said Company to the contrary notwithstanding. 
Tu'bscrTbedrno/ Sec. 2d. Aud be it further enacted, that nothing in 
to be affected. j.|-^-g ^^^ contained shall prejudice, or aifect any Policy of 
Insurance heretofore made by said Company ; but in case 
of any Loss, or Losses arising, or happening on any such 
Policy heretofore made, the party insured thereby shall 
have the same remedy, and the Estate of each Proprietor, 
or Stockholder shall be held accountable therefor, in the 
same manner, and to the same amount, as if this Act had 
not been made. Approved June 23, 1804. 



Second Parish 
in Hallowell 
incorporated. 



1804. —Chapter 25. 

[May Session, ch. 25.] 

AN ACT TO DIVIDE THE TOWN OF HALLOWELL, IN THE COUNTY 
OF KENNEBECK INTO TWO PARISHES, AND TO INCORPORATE 
THE SOUTHERLY PART THEREOF, INTO A DISTINCT SOCIETY, 
BY THE NAME OF THE SECOND PARISH IN HALLOWELL. 

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 town of Hallowell, in the 
County of Kennebeck be, and it is hereby divided, into 
two distinct Parishes, and the southerly part of said town, 
shall be hereafter known and disignated by the name of 
the Second Parish in Hallowell, and the following shall 
be the dividing line, between the said Parishes, vizt. 
The said second Parish, shall extend on both sides of 
Kennebeck River, and that part of said town, lying on the 
east side of said River, shall include the Tvhole, of the 
Easterly division of the said town, and southerly of an 
East, South East line, to begin at the Easterly bank of 
said River, and runing on the North line of Andrew Good- 
win's lot, where the said lot joins on land, formerly owneed 
by Mary Hussey, and thence to continue the same course, 
until it strikes the Easterly boundary of said town, thence 
Southerly on the Easterly line of the said town, until it 
strikes the northerly line of Pittston, thence West, North 
West, on the said Pittston line, until it strikes Kennebeck 
river aforesaid, from thence begining on the North line 
of the lot of Nathan Sweetland, on the Westerly Margin 
of the river aforesaid, thence runing West North West, to 
the Westerly line of said Hallowell, thence Southerly on 
the Westerly line of Hallowell, until it strikes, the North 



name. 



Acts, 1804. — Chapter 25. 33 

line of Gardiner, thence East, South East, on the said 
North line of Gardiner, until it strikes the river aforesaid, 
with the Inhabitants thereon, be and they are hereby in- corporate 
corporated into a distinct Society by the name of The 
Second Parish in Hallowell, with all the powers, privi- 
leges, rights, and immunities, to which other Parishes are 
entitled, by the Constitution and Laws of this Common- 
wealth. 

Sec. 2. And be it further enacted, That Samuel Greely, certain persons 

• Special I V 

Daniel Horn, Isaac Smith, Josiah Carter, Harney Gor ham, admitted to 

Hanson Hight, Benjamin Church Junr., Jacob Carter, Eb- ^^'^'"'d parish. 

enezer Busiel, Thomas Metcalf, and Joseph Smith, living 

on a certain tract of land lying Northerly of the North 

line, of said Parish, on the westerly side of said River, 

and Southerly of lot number twenty two in said town, 

and Gershara Cox, living on the Easterly side of said 

River, although not included within the boundary lines of 

said Second Parish be and they hereby are admitted as a 

part of said Parish, during their pleasure, subject to all 

the rules and regulations of said Parish. Provided ahvai/s, 

that all the persons composing the said Second Parish, or 

who may hereafter be annexed thereto, shall be held to 

pay all Parish Taxes, legally assessed upon them and due 

at the time of passing this Act. 

Sec. 3. A7id be it further enacted. That when any of ?^g'fl°8^t panlh". 
the persons, mentioned in the second section of this Act, 
or any others, who shall hereafter come to reside, on the 
last described tract, and shall desire to become a member 
of the first Parish in said Hallowell, they shall certify to 
the Parish Clerk in writing, sometime in the month of 
March annually, such their desire to become a member 
of the first Parish ; whereupon they shall be liable to be 
taxed with their estates in the said first Parish, mentioned 
in such certificate, their just proportion of all Parish taxes, 
and shall be held to pay all such taxes, due from them to 
the said second Parish, at the time of their being annexed 
to said first Parish. 

Sec. 4. And be it further enacted. That in case, EnoehWood 
Enoch Wood, and Gilman Greely, shall within twelve Greeiymaybe 
months become inhabitants of said town of Hallowell or secTn^dpadsh. 
shall within that period, signify to the Clerk of the said 
first Parish, in writing, that they and their estates, may 
be annexed to said second Parish, they shall be annexed 
accordingly. 



34 



Acts, 1804. — Chapter 26. 



First meeting. gj,^.^ 5 ^^^ jg ^^ further enacted, That Jedediah 
Jewett Esquire, or any other Justice of the Peace for the 
County of Kennebeck be, and he is hereby authorised to 
issue his warrant, directed to some member of said second 
Parish, requiring him to notify and warn all the members 
of the said second Parish, to assemble at such convenient 
time and place, as shall be appointed in the said Warrant, 
to choose such Officers as Parishes are by law required and 
empowered to choose, in the Months of March or April 
annually. Approved June 23, 1804. 



Preamble. 



Persons incor- 
porated. 



1804. — Chapter 26. 

[May Session, ch. 26.] 

AN ACT TO INCORPORATE A NUMBER OF PERSONS IN THE 
TOWNS OF EDGARTOWN, CHILMARK, AND TISBURY, INTO A 
RELIGIOUS SOCIETY, BY THE NAME OF THE FIRST BAPTIST 

• SOCIETY IN TISBURY. 

WJiereas by a convenant, made, and agreed upon on the 
twenty first day of December, in the Year of our Lord 
seventeen hundred and eighty by fifty persons of the de- 
nomination of Christians called Baptists, they did then 
form themselves into a Christian Society, for the worship 
of God, according to the faith, and order of that denomina- 
tion, by the name of the first Baptist Church and Society 
in Tisbury, and have so existed unto the present time, and 
by their petition to this General Court, have requested an 
Act of Incorporation, with the powers and privileges, 
usually given to similar societies. 

Sec 1st. Be it enacted by the Senate, and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Joseph Allen, Ezra Allen, 
Belcher Allen, Joseph Athearn, Jonathan Athearn, Hugh 
Cathcart, Jonathan Cathcart, Abraham Chace, Joseph 
Chace, Joseph Chace jun., Nicholas Chace, Francis Chace, 
Lot Cottle, Samuel Dagget, Silas Dagget, Benjamen Davis 
Zadock Davis, Meletiah Davis, John Davis, Cornelius 
Davis, Eufus Davis, Dennis Davis, "William Davis, Henry 
Davis, William Downes, Eleazer Dunham, Shubael Dun- 
ham, Cornelius Dunham, Abijah Gray, John Gray, Free- 
man Gray, Abijah Hammett, John Hancock, Ephraim 
Harding, Jethro Hillman, Elijah Hillman, John Holmes, 
Isaac Luce, Benjamen Luce, Jesse Luce, Jesse Luce jun., 
David Luce, Elisha Luce, Paul Luce, Silas Luce, Bernard 



Acts, 1804. — Chapter 27. 35 

Luce, Warren Luce, Mathew Luce, Jonathan Manter, 
Jonathan Manter, jun., Thomas Manter, Peter Manter, 
Theophilus Mayhew, Jonathan Merry, William Merry, 
William Merry jun., Stephen New, Samuel Norris, Isaac 
Norton, Samuel Norton, Obed Norton, Peter Norton, 
Darius Norton, Base Norton, Henry Norton, Henry C. 
Norton, Archelaus Pease, David Reynolds, Prince Rogers, 
Silas Rogers, William Rotch, David Smith, Mathew Smith, 
Jonathan Tilton, Benjamen Trask, and Beriah Weeks, and 
their Successors, together with their families, and Estates, 
be, and they are hereby incorporated into a religious corporate 
society by the Name of the first Baptist Society in Tis- °''"^" 
bury, with all the powers, privileges, rights, and immu- 
nities, to which Parishes are entitled by the Constitution, 
and laws of this Commonwealth, for religious purposes 
only : Provided however, that all such persons shall be 
holden to pay their proportion of Monies assesed in the 
town or parish, to which they respectively belonged 
previous to the passing of this Act. 

Sec. 2d. And be it further enacted, that either of the First meeting. 
Justices of the Peace for the County of Dukes County, 
be and hereby is authorized to issue his warrant, directed 
to some Member of said Baptist Society requiring him to 
notify and warn the Members thereof, to meet at such 
convenient time, and place as shall be appointed in the 
said Warrant, to choose such officers, as Parishes are by 
law empowered to choose in the Months of March, or 
April annually. Approved June 23, 1804. 

1804. — Chapter 37. 

[May Session, ch. 27.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS THEREIN 
NAMED FOR THE PURPOSE OF SUPPORTING A BRIDGE OVER 
CHICOPEE RIVER, AT A PLACE CALLED "WALLOMANUMPS. 

Whereas Parsons Clap and Abner Putnam have, at Preamble. 
great expence, erected a bridge over Chicopee river, at a 
place called Wallomanumps, and have presented a petition 
to this Court, that they, loith such as may hereafter be 
associated with them, may be incorporated for the purpose 
of repairing, rebuilding and supporting 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 Parsons Clap and ^orat'ed '"*'°'* 
Abner Putnam and such other persons as shall associate 



36 



Acts, 1804. — Chapter 27. 



Corporate 
name. 



Bridge to be 
kept in good 
repair, &c. 



Rates of toll. 



with them be and they hereby are constituted a Corporation 
for the purposes aforesaid by the name of the Proprietors 
of Wallomanumps Bridge, and under that name may enjoy 
all the rights, priviledges and immunities incident to such 
Corporations in tbis Commonwealth. And the said Par- 
sons Clap may call a meeting of said proprietors at any 
reasonable time after the passing of this act, by giving 
notice of the same in the Federal Spy printed in Spring- 
field, to be holden not less than five days after such 
notice shall be published and said proprietors may then 
choose a Clerk, who shall be sworn to the faithful perform- 
ance of his duty and may choose all other necessary 
officers and make such bye laws, as they may judge 
proper, not repugnant to the Laws and Constitution of 
this Commonwealth. 

Sect. 2d. Be it further enacted^ that the said Pro- 
prietors be, and they are hereby empowered to repair, re- 
build and support said Bridge, and the same shall always 
be kept in good repair, and be safe and convenient for 
passengers, and when the same shall be rebuilt it shall not 
be less than eighteen feet wide, covered with good plank 
and secured with sufficient railing. 

Sect. 3d. And he it further enacted, that for reim- 
bursing to said Proprietors the money by them expended 
or to be expended in building and supporting said Bridge, 
a toll be, and hereby is granted and established for the 
sole benefit of said Proprietors according to the rates fol- 
lowing (viz) , for each foot passenger two Cents — for each 
chaise, sulkey or other carriage drawn by one horse eight 
cents — for each waggon drawn by two horses eight cents — 
for each coach or other four wheel carriage drawn by two 
horses ten cents — for each loaded team eleven cents — for 
every team without load eight cents — for every sleigh 
drawn by two horses seven cents — by one horse five 
cents — for cattle and horses one and a half cents each — 
for sheep and hogs five cents per dozen, for a man and 
horse four cents. And at all times when the toll gatherer 
shall not attend his duty the gate or gates shall be kept 
open — and the said toll shall commence from and after 
the first day of July next and shall be liable to be altered 
and regulated after the term of thirty years. 

Approved June 23, 1804. 



Acts, 1804. — Chapter 28. 37 

1804. — Chapter 28. 

[May SesBion, ch. 28.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT IN ADDI- 
TION TO AN ACT ENTITLED AN ACT, FOR INCORPORATING 
WOODBURY STORER AND OTHERS BY THE NAME AND STILE 
OF THE CUMBERLAND CANAL." 

Sect. 1st. Be it enacted hy the Senate and House of 
Bepresentatives in General Court asseiJibled & by the au- 
thority of tJie same, that the stock, property and estate stock, &c. to 
which may belong to the said proprietors shall be divided 4ooo*Jhlree!°*° 
into four thousand 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 [to] them accordingly, which shares shall 
be transferable by endorsement on such Certificates and Transfers. 
the property shall be vested in the vendee, when a record 
shall be made thereof by their Clerk and new Certificates 
shall be issued accordingly, and such shares shall in all 
respects be considered as personal estate. 

Sect. 2d. And be it further enacted, that the share sbarestobe 

I n r> .1 n • -\ 'i • L\ i^\ T liable to attach- 

or shares oi any ot the aforesaid proprietors with the div- mentand 
idends thereon due, shall be liable to attachment and ^^«<="^^°°- 
execution in favor of any bona fide creditor in the man- 
ner following Vizt. whenever a proper Ofiicer, having a 
Writ of attachment or execution against any such propri- 
etor shall apply with such Writ or execution to the said 
Clerk, it shall be the duty of said Clerk to expose the 
books of the said proprietors to such Ofiicer and furnish 
him with a certificate under his hand in his Official capac- 
ity ascertaining the number of shares belonging to the 
said proprietor, 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 Clerk, 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 OflS- 
cer making such sale, within ten days thereafter to leave 
an attested Copy of such execution with his doings thereon 
with the aforesaid Clerk, 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 in execu- 
tion. 



38 



Acts, 1804. — Chapter 29. 



Property 
allowed to be 
held. 



Commecce- 
ment and dura- 
tion of toll. 



Sect. 3d. And be it further enacted, that the propri- 
etors aforesaid be and hereby are made capable in law to 
have, hold, purchase, enjoy and retain to them their suc- 
cessors and assigns, lands, rents, tenements and heredita- 
ments to the amount of one hundred and twenty thousand 
dollars, including the value of such real estate as they are 
already made capable of holding by the Act to which this 
is in addition. 

Sect. 4th. Be it further enacted, that the toll already 
established and granted said proprietors shall commence 
at the day when the said Canal shall be compleated and 
continue for and during the term of one hundred years 
from the same day, any thing in the act to which this is 
in addition to the contrary notwithstanding. 

Approved June 23, 1804. 



Toll estab- 
lished. 



Rates of toll. 



1804. — Chapter 39. 

[May Session, ch. 29.] 

AN ACT TO AUTHORIZE THE PROPRIETORS OF YORK BRIDGE 
OVER TRAFTONS FERRY TO RECEIVE TOLL. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in Gene7'al Court assembled, and by the 
authority of the same, that for the reimbursing to the said 
Proprietors the monies they have already expended in 
building said Bridge and to keep the same in repair, a toll 
is hereby granted and established for the benefit of the 
said Proprietors and their associates according to the fol- 
lowing rates vizt. for each foot passenger, one cent, for 
each man and horse, four cents, for each horse and chaise, 
aulkey or riding chair, eight cents for each sled, sleigh, 
waggon or cart drawn by one beast, six cents, for each 
sled, sleigh, waggon or cart drawn by two beasts, ten 
cents, and if drawn by more than two beasts, two cents 
for each additional beast, for neat cattle or horses, two 
cents per head, for sheep or swine four cents per dozen, 
in that proportion for a less or greater number, and to 
each team, one person and no more shall be allowed as a 
driver to pass free from toll, for each coach, charriot, phae- 
ton or other four wheel carriage drawn by two horses, 
sixteen cents, and if drawn by more than two horses, 
twenty cents, and the said toll shall commence on the first 
day of July in the year of our Lord one thousand eight 
hundred and four, and shall continue for and during the 



Acts, 1804. — Chapter 30. 39 

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, and when twenty years have 
elapsed from the date of this act, the Legislature may 
regulate anew the rates of toll receivable at the said 
Bridge, and at the place where the toll shall be received, 
there shall be erected and constantly exposed to open 
view a sign board, with the rates of toll and all the tollable signboard to 
articles, fairly and legibly written thereon, and the said ^^'■®"^^ • 
Bridge shall be kept in good, safe and passal)le repair. 

Sect. 2d. And be it further enacted, that if the said f^p'^fng^ood 
Proprietors, shall unreasonably neglect to keep the said repair, &c. 
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 York it shall be in the power of 
said Court to prohibit the proprietors aforesaid from re- 
ceiving toll from any person or persons passing the said 
Bridge untill it is by them put into such repair as shall be 
considered sufficient by said Court. And the said Pro- 
prietors shall be liable to pay all damages which may hap- 
pen to any person from whom the toll is demandable, for 
any damage which shall come from want of repair in the 
said Bridge. 

Sect. 3d. And be it further enacted, that nothing in Exemptions 
this act shall extend to entitle the said Proprietors to de- 
mand or receive toll of any person or persons who shall 
be passing with his horse or carriage, or as a foot pas- 
senger to or from Public Worship on the Lords Day, or 
to or from any Grist Mill or from any person or persons 
passing on Military duty or in going or returning from 
Schools or town meetings. 

Sect. 4. Aiid be it further enacted, that the said toll Jo*5||^u"^d*'® 
may be commuted with any Corporation, person or per- 
sons, by taking of him or them a certain sum quarterly or 
annually as may be mutually agreed on in lieu of the toll 
aforesaid. Approved June 23, 1804. 

1804. — Chapter 30. 

[May Session, ch. 30.] 

AN ACT TO INCORPORATE THE PLANTATION OF GREAT POND 
SETTLEMENT, IN THE COUNTY OF LINCOLN, INTO A TOWN BY 
THE NAME OF PALERMO. 

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



40 



Acts, 1804. — Chapter 31. 



Palermo incor- 
porated. 



First meeting. 



authority of the same, That the plantation heretofore 
known by the name of Great Pond Settlement, at the head 
of Sheepscut Eiver, in the County of Lincoln contained 
within the following boundaries, together with the inhab- 
ita[ta]nt8 thereon, be, and hereby are incorporated into 
a town by the name of Palermo, beginning at the Northeast 
Corner of the town of Harlem, thence running east south 
east five miles, thence running South twenty nine degrees 
west one mile & three fourths of a Mile to sheepscut river, 
thence down said river five hundred & forty rods to the 
south west corner of Davistow^n, thence south east on 
Davistown line one hundred & forty six rods, thence 
south twenty nine degrees west, until it makes Eight 
Miles and one hundred and eighty rods, thence west north 
west five miles, to the south east corner of Harlem, thence 
north twenty nine degrees east on the line of the said 
town of Harlem eight miles and one hundred & eighty 
rods to the bounds first mentioned. And the said town is 
hereby vested with all the powers, privileges, and immu- 
nities which other towns in this Commonwealth, do, or 
may enjoy by the Constitution and laws of said Common- 
wealth. 

Sec. 2. And be it further enacted. That Josiah Steb- 
bins Esqr. or any other Justice of the Peace in said 
County is hereby authorised to issue his warrant, directed 
to some suitable Inhabitant of said town of Palermo, re- 
quiring 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 annu- 
ally. Approved June 23, 1804. 

1804. — Chapter 31. 

[May SesBioD, ch. 31.] 

AN ACT TO CHANGE THE NAMES OF EBENEZER MORSE, WIL- 
LIAM PAINE JUNR. WILLIAM STEVENS, JOSEPH B. TINKER, 
AND JAMES CRAWFORD BULLOCK. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of the 
safne, That Ebenezer Morse, son of Seth Morse of West- 
borough in the County of Worcester, Gentleman, be and 
he hereby is allowed to take the name of Ebenezer Bel- 
knap Morse — That William Paine Junior, son of William 
Paine of Worcester in the County of Worcester, Phy- 



Acts, 1804. — Chapters 32, 33. 41 

sician, be and he herel)y is allowed to take the name of 
William Fitz Paine — That William Stevens of Portland 
in the County of Cumberland, son of Samuel Stevens late 
of Glocester deceased, be, and he hereby is allowed to 
take the name of William Samuel Stevens — That Joseph 
B. Tinker, late of Windham in the State of Connecticut, 
noAV resident in Boston in the County of Sufiblk Stationer, 
be and he hereby is allowed to take the name of Joseph 
Tinker Buckingham — That James Crawford Bullock of 
Boston in the County of Suflblk son of Nathaniel Bullock 
late of Salem in the County of Essex, be and he hereby 
is allowed to take the name of James Crawford Bullard — 
And each of the persons above 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 in- 
tents & purposes. Airproved June 23, 1804. 

1804. — Chapter 33. 

[May SesBion, ch. 32.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT TO AUTHOR- 
IZE THE SELECTMEN OF THE TOWN OF PORTLAND TO AP- 
POINT AN ADDITIONAL NUMBER OF ENGINE MEN. 

Whereas it is found inconvenient, that the Selectmeji of 
Portland should he limited to the Month of January an- 
nually in the appointment of engine-men for the engine 
there, called the Cataract, and the number of such engine- 
men is insufficient. 

Sec. 1st. Be it enacted by the Senate, and House of 
Hepresentatives in General Court assembled and by the 
autliority of the some, that the said Selectmen be, and 
they hereby are authorized to nominate and appoint an 
additional number not exceeding twenty five men, instead 
of eighteen, to which they are now limited, and occasion- 
ally to fill up the said number at any time of any Year in 
future at their discretion. Aj)proved June 23, 1804. 

1804. — Chapter 33. 

[May Session, ch. 33.] 

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

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



42 



Acts, 1804. — Chapter 34. 



East Andover 
Incorporated. 



First meeting. 



authority of the same, that the Plantation heretofore called 
East Andover in the County of York, as described within 
the following Bounds, with the Inhabitants thereon, be, 
and hereby are incorporated into a Town by the name of 
East Andover, — Beginning at the Northwesterly Corner 
of the Town of Rumford, thence running East eighteen 
degrees North, & bounded by the North line of said Rum- 
ford about three Miles & a half to a beach Tree marked 
T. L standing in the said North line of Rumford, thence 
north eighteen degrees west eight miles thence West 
eighteen degrees South six miles, thence South eighteen 
degrees East eight Miles, thence east eighteen degrees 
North about two miles and an half to the first mentioned 
bound. And the said town is hereby invested with all 
the powers and Priviledges, rights & immunities to which 
other towns are entitled by the Constitution and Laws of 
this Commonwealth. 

Sect. 2d. And be itfurthei^ enacted, that Eli Twictchell 
Esquire or any other Justice of the Peace in the County 
of York be, and he is hereby Authorised to issue his War- 
rant, directed to some suitable Inhabitant of the said town 
of East Andover, requiring him to notify and warn the 
Inhabitants of the said town of East Andover to assemble 
and meet at such Convenient time and place as shall be 
expressed in said warrant, to choose all such officers as 
towns are by law required to choose in the Months of 
March and April annually. Approved June 23, 1804. 



Gilead incor- 
porated 



1804. — Chapter 34. 

[May Session, ch. 34.] 

AN ACT TO INCORPORATE THE PLANTATION OF PEABODY'S 
PATENT, IN THE COUNTY OF YORK, INTO A TOWN BY THE 
NAME OF GILEAD. 

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 plantation heretofore 
called Peabody's Patent in the County of York, as de- 
scribed within the following bounds Vizt. Beginning at a 
Fir Tree marked P. B, and standing in the most south- 
easterly Corner of said Patent, from thence North twenty 
degrees West joining the town of Bethel nine hundred 
and sixty rods to a hemlock Tree marked P. B From 
thence running West one thousand six hundred and fifty 



Acts, 1804. — Chapter 35. 43 

four rods to a Spruce Tree marked P. B. and standing in 
the line of the town of Shelburne ; thence South eight 
degrees East by said Shelburne Eight hundred and twenty 
two poles to a large high rock, thence east Two thousand 
and eighty rods by lands granted to Fryburgh Academy, 
to the place of Beginning, together with the inhabitants 
thereon, be, and hereby are incorporated into a town, by 
the name of Gilead. And the said Town of Gilead is 
hereby vested with all the powers, priviledges and im- 
munities, which other Towns, do or may enjoy by the 
Constitution and laws of this Commonwealth. 

Sect. 2d. And be it further enacted^ by the authority 
aforesaid. That the Honorable Simon Frye Esquire or any First meeting. 
other Justice of the Peace for said County of York be, and 
hereby are empowered to issue their Warrant, directed to 
some suitable inhabitant of said town of Gilead, 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 offi- 
cers, as towns are by Law required to choose in the month 
of March or April annually. Approved June 23, 1804. 

1804. — Chapter 35. 

[May Session, ch. 35.] 

AN ACT IN AMENDMENT OF AN ACT ENTITLED "AN ACT FOR 
INCORPORATING CERTAIN PERSONS BY THE NAME OF THE 
BOSTON LIBRARY SOCIETY." 

Whereas the Boston Library Society^ by their act of Preamble. 
incoj'poration, passed on the seventeenth day of June in the 
Year of our Lord one thousand seven hundred and ninety 
four are restrained from raising money for the purposes 
of their institution, unless a majority of the subscribers be 
present at the meeting for voting the same; which restric- 
tion hath been found inconvenient, and the Trustees of said 
Library, pursuant to a vote of the proprietors, have peti- 
tioned this Court for a different provision. 

Sec 1. Be it therefore enacted by the Senate and 
House of Representatives, in General Court assembled, and 
by the authority of the same, that the third enacting clause part of former 
in an " Act for incorporating certain persons by the name »<=' repealed. 
of the Boston Library society " be, and hereby is repealed. 

Sec. 2. And be it further enacted by the authority 
aforesaid, that the said Boston Library Society be, and 



44 Acts, 1804. — Chapter 36. 

fz'ldufra^le*''' ^^^Y horebj are authorized, and empowered, at their 
money. annual meeting in March to vote, grant, or order the 

raising of such suitable sum, or sums of money as they 
may judge to be necessary, or expedient for the preser- 
vation, mainteoance, management, and augmentation of 
said Library, and to assess the same on the several shares 
in said Library, under the penalty of disfranchisement of 
any proprietor for non payment of his or her proportional 
assessment within such period as shall at said meeting be 
appointed : Provided that any proposed assessment, or 
vote of Money as aforesaid shall be specially mentioned 
in the notification of the annual meeting of said Society, 
which notification, in such case, shall be published in two, 
or more of the Boston News papers, thirty days, at least, 
before the meeting. Approved June 23, 1S04. 

1804. — Chapter 36. 

[May Session, ch. 36.] 

AN ACT IN ADDITION TO AN ACT, INTITLED, " AN ACT ESTAB- 
LISHING A CORPORATION BY THE NAME OF THE SECOND 
MASSACHUSETTS TURNPIKE CORPORATION." 

Sect. I. Be it enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
New rates of authority of the same That whenever the Proprietors of 
toll established. ^^^ Sccond Massachusctts Turnpike Corporation shall 
build a good and sufficient Bridge over Deerfield River 
on said road and also put the road in good repair they 
shall then be intitled to take and receive from each travel- 
ler or passenger the following rates of toll in lieu of the 
toll now established vizt. For every Coach, Phaeton or 
other four wheel Carriage drawn by two horses, thirty 
seven and an half Cents, and if drawn by more than two 
horses an additional sum of six and a quarter cents for 
each horse, for every cart or Waggon drawn by two Oxen 
or horses, twenty five cents, and if drawn by more than 
two oxen or horses an additional sum of six and a quarter 
cents each, for every curricle, twenty cents, for every 
sleigh or sled drawn by two oxen or horses eighteen and 
three quarters of a Cent, and for each additional horse or 
ox six and a quarter Cents, and for every chaise chair or 
Sulkey drawn by one horse, eighteen and three quarters 
Cents, and for each additional horse six and a quarter 
Cents, for each Sleigh, Sled or Cart drawn by one horse, 



Acts, 1804. — Chapter 37. 45 

twelve and a half cents, for every man and horse twelve 
and a half Cents, for all oxen horses or neat cattle besides 
those in teams or carriages two cents each, for all sheep or 
swine, one half cent each, provided the said proprietors 
shall build and compleat said bridge within the term of 
two years from and after the passing this act. 

Sect. 2d. And be it further enacted, that if any per- Penalty for 
son shall draw any timber or logs on the road without road7&J. ^ 
mounting the fore end on wheels or runners or shall leave 
any timber, stones or other obstruction whatever within 
the limits of said road so as to obstruct the travelling or 
cause any expence to said Corporation, such person or 
persons so offending shall forfeit and pay to the use of 
said Corporation a sum not exceeding ten dollars nor less 
than one dollar. 

Sect. 3d. A7}d be it further enacted that no person or Persons going 

, T, , 1 /» • 11 1 • • to mill liable 

persons shall be exempted irom paymg toll who is gomg fortoii. 
to or from any Mill except a Grist Mill any thing in the 
act to which this is an addition to the contrary notwith- 
standing. Approved June 23, 1804. 

1804. — Chapter 37. 

[May Session, ch. 37.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF LEEDS IN THE COUNTY OF KENNEBECK INTO 
A RELIGIOUS SOCIETY BY THE NAME OF THE FIRST BAPTIST 
SOCIETY IN LEEDS. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court Assembled and by the 
authority of the same, that Thomas Francis, Oliver Otis, Persons incor- 
Josiah Turner, Zebulon P. Millet, James Lain, Nathaniel p"''"'"'^- 
House Jr. Andrew Cushman, Samuel Herrick, John Mil- 
let, Isaac Collier, Uriah Foss, Gieldins Lane, Isaac Tru- 
man, Ebenezer Mason Daniel Lane Jr. Thomas Millet Jr. 
Simeon Gould, Phinehas Foss, Robert Gould, Joseph 
Gould, Seth Howard, Abial Daily, Daniel Lawthrop, 
Daniel Lawthrop Jr., James Stanley, David Woodman, 
Eleazer Carver, Daniel Robbins Thomas Millet and Wil- 
liam Turner, with their Families and Estates, with such 
others belonging to the said town of Leeds as have, or 
may hereafter join them in the manner hereafter described, 
be, and they are hereby incorporated into a Religious Corporate 
Society by the name of the First Baptist Society in Leeds, '"'"^' 



46 



Acts, 1804. — Chapter 37. 



Method of join- 
ing Bociety. 



Method of leav- 
ing society. 



First meeting. 



with all the powers, priviledges and immunities to which 
other Parishes are intitled by the Constitution and Laws 
of this Commonwealth for Religious purposes only. 

Sect. 2d. Be it further enacted that any person be- 
longing to the Town of Leeds aforesaid, being of the Bap- 
tist denomination who may at any time hereafter, actually 
become a member of, and unite in Religious Worship with 
the Society aforesaid and give in his or her name to the 
Town Clerk of said Leeds, 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 Leeds, 
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 and 
estates be considered as part of said Society — Provided 
however^ that such persons shall be held to pay their pro- 
portion of all money legally assessed in the said town of 
Leeds previous to that time. 

Sect. 3d. 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 
Town or Parish in which he or she may reside and shall 
lodge a Certificate of such, his or her intention with the 
Clerk or Minister of said Baptist Society, and also with 
the Clerk of the Town or Parish in which he or she may 
reside, fourteen days at least before the annual 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 Es- 
tates 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 
Baptist Society. 

Sect. 4. And be it further enacted, that any Justice 
of the Peace within the County of Kennebeck, is hereby 
authorized to issue his warrant 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 expressed in said Warrant to choose all such offi- 
cers as Parishes in this Commonwealth, are by law author- 
ized to choose, in the months of March or April annually. 

Approved June 23, 1804. 



belonged to the said 



Acts, 1804. — Chapters 38, 39. 47 



1804. — Chapter 38. 

[May Session, ch. 38.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT TO ES- 
TABLISH A CORPORATION BY THE NAME OF THE BECKET 
TURNPIKE CORPORATION." 

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 said Becket Turnpike New rates of 
Corporation shall be and hereby is authorized to demand 
and receive, at their gate to be erected in pursuance of 
the said act to which this is in addition, the following 
rates of toll instead of those established in and by said 
act, viz. for each Coach, Charriot Phaeton or other four 
wheel Carriage, drawn by two horses, thirty seven cents, 
and if drawn by more than two horses an additional sum 
of six cents for each horse ; for every Cart or Waggon 
drawn by two oxen or horses twelve and half Cents, if 
drawn by more than tAvo oxen or horses the additional 
sum of four cents for each ox or horse for every curricle 
twenty five Cents, for every Chaise Chair or other car- 
riage drawn by one horse seventeen Cents, for every man 
and horse six Cents, for every Sled or Sleigh, drawn by 
two oxen or horses, twelve and one half Cents, if drawn 
by more than two oxen or horses, an additional sum 
of three cents for each ox or horse, for every sled or 
sleigh, drawn by one horse, ten Cents, for all horses, mules, 
oxen or neat cattle, lead or driven, besides those in teams 
and carriages, two cents each, for all sheep or swine at the 
rate of four cents per dozen — Provided that the rates of 
toll hereby established shall continue and be in force so 
long only as there shall be no more than one gate erected 
and kept up on the road of the tenth, Massachusetts Turn- 
pike Corporation between the place where the said Becket 
Turnpike road shall form a junction with the said tenth 
Massachusetts turnpike road and the Court House in Lenox 
in said County of Berkshire. A'pi^romd June 23, 1804. 

1804. — Chapter 39. 

[May Session, ch. 39.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE SHEFFIELD AND TYRING HAM TURNPIKE CORPORATION. 

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



48 



Acts, 1804. — Chapter 39. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road. 



the Authority of the same, that Aaron Adams, Zebediah 
Adams, Ezra Barnum, Abel Benedict, Nathaniel Bird, 
Stephen Brookins, Joseph Buel, John Buel, Lyman Carter, 
Joseph Chapin, Peter Chapin, Russell Cook, Asa Cole, 
John Collar, Silas Collar, John Garfield, Josiah Hale, 
Ebenezer Kellogg, Thadeus Keyes, Joseph Pettes, Ben- 
jamin Smith, Gilbert Smith, Grove Smith, Jeremiah 
Spaulding, Stephen Stevens, Darius Stibbins, Comfort 
Stow, Lovett Taft, David Tracy, Alpheus Underwood, 
Arch. Underwood, Amos Wadsworth, Ralph Ward, Calvin 
Ward, & Benjamin D. Wild, together with all such persons, 
as may hereafter associate with them, and their Successors 
and Assigns, shall be a Corporation, by the name of The 
Sheffield and Tyringham Turnpike Corporation, and by 
that name may sue and prosecute, and be sued & pros- 
ecuted, unto final Judgement and Execution, and have 
and use a common seal, and exercise and enjoy all other 
powers & priviledges, which are incident to and usually 
given to similar Corporations, for the purpose of laying 
out, making, and keeping in good repair, a Turnpike-road, 
between Sheffield and Tyringham, in the County of Berk- 
shire, as followeth : Beginning from the Twelfth Massa- 
chusetts Turnpike, at the line between this Commonwealth, 
and the State of Connecticutt, on the West side of the 
House of Capt. Uzial Clarke, thence No[r]therly on the 
East side of the house of Stephen Stevens, and on the East 
side of John Collar's, thence crossing the stream called 
Konkapot's brook, and passing on the West side of Daniel 
Stevens, to the East side of Comfort Stow's in New 
Marlboro', thence nearly as the travelled road now runs, 
on the East side of Konkapot's brook, to the dwelling- 
house of Aaron Spaulding and between the house & barn 
of said Spaulding, by the barn of Zebediah Adams, and 
near the house of John Clark, between Ebenezer Hall's 
Grist Mill, and the dwelling house lately occupied by 
Titus Blackmer thence crossing Konkapot's brook, and 
proceeding to the Sixteenth Massachusetts Turnpike, a 
little West of John Dodges barn, thence by Capt. Alpheus 
Underwood's, and crossing the Fifteenth Massachusetts 
Turnpike, to the bridge near Colo. David Tracy's thence 
as the road now runs, to a stake & stones, near Peter 
Chapin's and thence in the most Conveinant route, near 
the mill of Davenport Adams thence in the most conven- 
ient rout near the dwelling; house of Israel Baker in 



Acts, 1804. — Chapter 39. 49 

Tyringham, to the road leading from Springfield to Great 
Barrington, by the dwelling house of Joseph Buel in said 
Tyringham. And the said Road, shall not be less than width of road, 
four rods wide, and the path to be travelled on, not less ^''' 
than twenty feet wide, in any part thereof; And when the 
said Turnpike road shall be well and sufficiently made, 
and shall be so approved of, by a Committee appointed 
by the Court of General Sessions of the Peace, for the 
County of Berkshire, (provided that no member of said 
Conmiittee shall own any share or interest in said Turn- 
pike) then the said Corporation shall be authorised to 
erect one Turnpike gate, on the said road, in such place Turnpike gate 
and manner, as shall be appointed by a Committee of the ^ 
Court of General Sessions of the Peace for the said County 
of Berkshire, Provided that said Turnpike gate shall not 
be erected on any road at present travelled. 

Section 2d. And Be it further enacted, That said ^^t thTroad^^ 
Corporation may purchase & 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 Berkshire, 
are hereby Authorised, on the application of said Corpora- 
tion, to lay out the said road or any part thereof, as they 
with the Consent of said Corporation, shall think proper 
and the said Corporation shall be liable to pay all Damages, corporation to 
which may arise to any person by taking his land for such danJages wLre 
road (where the same Cannot l3e obtained by voluntary without agtee- 
agreement) to be estimated by a Committee appointed by ™®'^''- 
the Court of General Sessions of the Peace for the said 
County of Berkshire ; saving to either party the right of 
trial by Jury according to the Law which makes provission 
for the recovery of damages arising from the laying out 
highways, and if said Jury shall increase the damage 
estimated by such Committee, the said Corporation shall 
be holden to pay the Cost of such trial by Jury. 

Section 3d. Be it further enacted, That it shall be law- Rates of ton. 
full for the said Corporation, to demand & receive of each 
traveller or passenger the following rates of toll (Viz.) 
for every Coach, Chariot, Phaeton or other four w^heel 
Cariage 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 & 



50 



Acts, 1804. — Chapter 39. 



Toll may bo 
commuted. 



Penalty for 
injuring road 
or gate, &c. 



Penalty for 
attempting to 
evade the toll. 



Exemptions. 



five mills ; for every Chaise, Chair or other Cariage drawn 
by one horse twelve Cents & five mills ; 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 or 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 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 leiu of the 
toll Aforsaid. And the said Corporation shall, at the 
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 tollable 
Articles, fairly & legibly written thereon in large or Cap- 
ital Characters. 

Section 4th. 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 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 recover'd by the Treasurer of the said Cor- 
poration to their use in an action of trespass. And if any 
person with his team Cattle or horse shall turn out of said 
road to pass the said Tur[n]pike gate and again enter on 
said road with intent to evacle the toll due by virtue of 
this Act, such person shall forfeit and pay Two Dollars to 
be recovered by the Treasurer of said Corporation to the 
use of the same in an action of debt. Provided, however, 
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 Labour on his farm, or to 
or from any Mill or on the Common and Ordinary busi- 
ness of family concerns or from any person or persons 
passing on Military duty. 



Acts, 1804. — Chapter 39. 51 

Section 5tii. And be it further enacted , That if the Penalty for 
said Corporation, or their toll gatherers or others in their le'TsTo^^xacr 
employ, shall unreasonably, delay or hinder any traveller i"g '"^gai tou. 
or 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 recover'd before any Justice of the Peace 
for the County of Berkshire, by any person injured, de- 
layed, 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 within the County of Berk- 
shire, or by reading the same to the said Treasurer or 
individual 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 corporation 

11 1 1 • 1 I j_ r liable for dam- 

pay all damages which may happen to any person from ages by defect 

whom toll is demandable for any damage which may arise of ^"''ges, &c. 
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 gouai'l^tate^^'^' 
and considered to be personal estate to all intents and fe?andVttach- 
purposes and shall & may be transferable ; and the mode ment pre- 
of transferiug the said shares shall be by deed, Acknowl- 
edged 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 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 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 share or 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 Judge- 
ment Creditor leaving a Copy of the execution, and the 
Officers return on the same, with the clerk of the said Cor- 
poration within fourteen days after such sale, and paying 
for the recording of the same, shall be deemed and con- 
sidered as a sufficient transfer of such share or shares in 
the said Turnpike road. 



52 



Acts, 1804. — Chapter 39. 



Shares of 
delinquenta 
to be sold. 



First meeting. 



Account of cost 
of road and 
annual state- 
ments to be 
exhibited. 



Corporation 
may be dis- 
solved when 
indemnilied 
with interest. 



Section 7th. And be it further enacted That when- 
ever any proprietor shall neglect or refuse to pay any 
Tax or Assessment 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 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 share or 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 produc- 
ing 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 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 
share or shares were thus sold. 

Section 8th. And be it further enacted, That a meet- 
ing of said Corporation shall be held at the House of 
Comfort Stow in New Marlborough, in the County of 
Berkshire, on the first Monday in September next, for the 
purpose of Choosing a Clerk, and such other Officers as 
may then and there be agreed upon by the said Corpora- 
tion 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. 

Section 9th. And be it further enacted That the said 
Corporation 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 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 said Corporation 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 & Council, when called for. 

Section 10th. And be it further enacted, That the Gen- 
eral Court may disolve the said Corporation whenever it 



Acts, 1804. — Chapter 40. 53 

shall appear to their satisfaction, that the income, arising 
from the toll, shall have fully compensated the said Corpo- 
ration for all monies they may have expended in purchas- 
ing, repairing and taking care of 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 dis- 
posal ; Provided however, that if the said Corporation 
shall neglect to compleete the said Turnpike road for the 
space of three years from the passing of this Act the same 
shall be void and of no effect. Approved June 23, 1804. 

1804. — Chapter 40. 

[May Session, ch. 40.] 

AN ACT TO INCORPORATE THE PRESIDENT, TRUSTEES AND 
ASSOCIATES OF THE BOSTON EXCHANGE OFFICE, OR ASSO- 
CIATION FUND. 

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 Sumner, Nathaniel ^o^'a°e°d.""°'' 
Parker, Daniel Scott, Beza Tucker, George Odiorne, John 
Fox, David S. Eaton, Eliphalet Williams, Thomas Odi- 
orne, Joseph Loring, Junr. John Hall, Phineas Upham, 
Josiah Marshall, John West & Thomas K. Thomas, 
their associates, successors & assigns, shall be, and hereby 
are, created a Corporation, by the name of The President corporate 
& Trustees of the Boston Exchange Office, or Asso- 
ciation Fund, and shall so continue from the first Mon- 
day of August next, until the first Monday of October, in 
the year of our Lord one thousand eight hundred and 
twelve, unless this Act shall be sooner repealed ; and by 
that name shall be, and 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 
whatever; and also to make, have & 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 
appear necessary & convenient for the Government of 
said Corporation, & the prudent management of their 
affairs: Provided such bye Laws, ordinances & regula- Bye-iaws.&c. 

to OG 6St£LQ- 

tions shall in no wise be contrary to the Constitution & iiBhed. 
laws of this Commonwealth, and the said Corporation shall 



54 Acts, 1804. — Chapter 40. 

always be subject to the rules, restrictions, limitations 
and provisions herein prescribed. 

K""'^"'' Sect. 2d. And be it further enacted, That the said 
Corporation shall have liberty to establish & keep, in 
Boston, a Fund of one hundred and fifty thousand dollars 
in current Bank bills of this Commonwealth, & a further 
sum in Specie of Fifty thousand Dollars, with the priv- 
iledge of discounting on said fund, & on a proportion not 
exceeding thirty three and one third per Cent of the 
amount of Bills or Specie actually deposited in such Bank 
at the time of such discount, with such security as said 
Corporation shall think advisable ; provided however, 
there shall at no time be due to said Corporation a greater 
sum than four hundred thousand Dollars ; and said Cor- 
poration shall not issue any Bills or promises of their 
own on any discounts or Loans by them made ; nor shall 
they ever owe more than the amount of their deposits. 

vJiSe'of shares, Sect. 3d. And be it further enacted. That the said 

*'"• fund shall be divided into fifteen hundred shares, of one 

hundred dollars each, in bills of any incorporated Banks 
of this Commonwealth, with an advance of thirty three 
and one third per Cent in specie, which shall be paid in, 
in three instalments, to wit, fifty per Cent, on each share, 
on or before the second Monday of August next ; twenty- 
five per Cent on or before the second Monday of October 
next ; and twenty-five per cent, on, or before the second 
Monday of December next ; that is, three parts of each 
instalment in the bills as aforesaid, and one part in specie ; 
and the Trustees shall, at their first meeting, determine 
the mode of transfering and disposing of said fund, which 
being entered on the Books of said Corporation shall be 
binding on the proprietors, their successors and assigns ; 

Estate allowed and the Said Corporation are hereby made Capable in law, 
to have, hold, purchase, receive, possess enjoy & retain, 
to them, their successors, & assigns, lands, rents, tene- 
ments, & heriditaments, for the convenience & transac- 
tion of their business, to an amount not exceeding at any 
one time, twenty five thousand dollars, with power to 
bargain, sell, and transfer the same, provided, hoivever, 
that nothing herein contained, shall restrain said Corpora- 
tion from taking, & holding real estate in Mortgage, or 
on execution, to any amount, as security for, or in pay- 
ment of, any debts due to the said Corporation ; and pro- 
vided also, that no money shall be loaned, or discounts 



Acts, 1804. — Chapter 40. 55 

made, until such parts of the sum subscribed for, and 
actually paid in, shall amount to fifty per Cent of said 
Fund. 

Sect. 4. Ajid be it further enacted, That the follow- Rules. &c. 
ing rules, limitations, and provisions, shall form and be 
the fundamental principles of the said Corporation : 

Article 1st. That for the well ordering; of the affairs PropnetorB' 

1 11 • c t meetings. 

of the said Corporation, there shall be a meetmg of the 
proprietors on the first Monday of every August, annually, 
during its continuance, at such time & place as the Trustees 
for the time being may, by public notification, given one 
week previous thereto, appoint ; at which time and place 
the proprietors shall choose, by ballot, twenty one Trus- 
tees, to continue in oflSce the year ensuing their election, 
in the choice of whom one share shall give one vote, and 
every two shares above one shall have a right to one vote 
more, provided no proprietor have more than five votes, 
and a majority of Votes shall in all cases decide. 

Article 2d. The Trustees shall choose, by a maior- Truatees' meet. 
ity and by ballot, one of their own number to Act as 
President, and shall hold their meetings semiannually ; 
to wit, on the first Monday of every August and February, 
and at any other time during the continuance of said Cor- 
poration, at such place as their President for the time 
being may appoint ; when and where they shall choose 
from their own body, by ballot, each member having but 
one vote, nine Superintendent Trustees, who shall con- 
tinue in office six months ensuing their election, but not 
less than two thirds of the Votes of the whole number of 
Trustees shall, in this case, constitute a choice ; and absent 
members may vote by proxy, being authorised in writing. 

Article 3d. No person but a member of said Cor- Eligibility of 

. /--,•• f ^ • r^ ijir> • trustees. 

poration, being a Citizen of this Commonwealth, & resi- 
dent therein, nor a director in any Bank, shall be eligible 
for a Trustee, and the office of any Trustee shall be 
vacated, who shall accept an office in any Bank ; and the 
Trustees shall have power to fill up incidental vacancies, 
two thirds of their whole number constituting a choice, in 
manner as aforesaid. 

Article 4th. The Superintendent Trustees shall ^ansactionof 
choose, by a majority & by ballot, their own Chairman ; 
and no less than fifteen Trustees, nor less than five Super- 
intendent Trustees, shall constitute a board for the trans- 
action of business at their respective meetings, of whom 



buBlnesB. 



56 



Acts, 1804. — Chapter 40. 



Superintend- 
ents to manage 
the buBinesB. 



Trustees to fix 
Balaries, &c. 



Shares to be 
liable to attach- 
ment and ex- 
ecution. 



Corporation 
not to run on 
any banks. 



the President and Chairman shall always be one, at his 
own board, necessary and unavoidable absence only ex- 
cepted, in both of which cases, the President and chair- 
man may be chosen for the time being. 

Article 5th. The Superintendent Trustees shall 
transact the ordinary business of said Corporation, and 
shall make semiannual dividends of all the profits, rents, 
incomes, and interests arising from the said fund, and 
shall declare the same at the semiannual meeting of the 
Trustees. 

Article 6th. The Trustees shall have power to ap- 
point a Treasurer, and other necessary Officers for con- 
ducting the business of said fund, and to grant them such 
Salaries as they may think fit, taking from each satisfac- 
tory bonds of Responsibility. 

Sect. 5th. And be it jurtlier 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 hona-fide creditor, in manner 
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 Treas- 
urer of said fund, it shall be the duty of said Treasurer 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 mem- 
ber holds in said funds, 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 at- 
tested Copy of such writ of attachment or execution shall 
be left with said Treasurer, and such share or shares may 
be sold on execution, after notification of the time and 
place of Sale, in the same mode 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 Treas- 
urer of said fund, and the vendee shall thereby become 
the Proprietor of such share, or shares and be entitled to 
the same, and to all the dividends which shall have ac- 
crued thereon, after taking in execution as aforesaid ; 
notwithstanding any intervening transfer, or attachment. 
Sect. 6tii. And he it further enacted^ That the said 
Corporation shall neither directly nor indirectly, run upon, 
or make a demand for specie on, any of the incorporated 



Acts, 1804. — Chapter 40. 57 

banks of this Commonwealth, or which may hereafter be 
incorporated, whereby to cause distress; nor knowingly 
furnish any person or persons with bills for that purpose ; 
and in order that an impartial currency may be given to 
the bills of this Commonwealth, said bills shall at all times 
be paid out promise [z<]ously, as they are received; and 
the said Corporation are hereby restricted from asking or 
receiving a premium, for exchanging the l)ills of any one 
bank aforesaid, for those of any other of this Common- 
wealth, or for specie, or to purchase the bills of any bank 
of this Commonwealth at a discount during its contin- 
uance. 

Sect. 7. Aiid be it further enacted, That in case of cesHf lolns. 
any excess of loans, the Trustees under whose adminis- 
t[?']ation 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 corpo- 
rate, from being also liable for, and chargeable with such 
excess. 

Sect. 8th. And be it further enacted, That any Com- Legislative 
mittee specially appointed by the Legislature for the pur- examine books, 
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 said Cori)oration 
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 and void. — And 
this Act of Incorporation shall at all times hereafter be 
subject to revision, alteration and repeal by the Legis- 
lature. 

Sect. 9th. And be it further enacted, That it shall be semi annual 

/» • 1 /-I statements to 

the duty of the President and Trustees of said Corpora- be made to the 
tion to make, on the first Mondays of January and June councih'^" 
every year, and to transmit as soon thereafter as may be, 
to his Excellency the Governour, and the Council of this 
Commonwealth, 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 gold, 
silver and other coined metals on hand, and of the N(jtes 
of other banks, specifying the amount of such Notes issued 



58 



Acts, 1804. — Chapter 41. 



First meeting. 



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 Trustees of said Cor- 
poration, and attested by the Cashier of said Corporation. 
Sect. 10th. And be it further enacted, That the per- 
sons herein before named, or any three of them, are 
hereby authorised to call a meeting of the proprietors of 
said Corporation, as soon as may be, after the passing of 
this Act, at such time and place, as they may see fit, by 
advertizing the same two weeks successively in some pub- 
lic News-paper printed in Boston, for the purpose of 
adopting, and establishing, such by-laws, ordinances, 
and regulations, for the orderly conducting the alfairs of 
said Corporation, as the proprietors thereof may deem 
necessary, and also for the choice of the first board of 
Trustees. Approved Jmie 23, 1804. 



Hope incorpo- 
rated . 



Samuel Jacobs, 
Eeq. to issue 
warrant. 



1804. — Chapter 41. 

[May Session, ch. 41.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED BARRETS- 
TOWN, INTO A TOWN BY THE NAME OF HOPE. 

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 the Plantation heretofore called 
Barretstown lying in the County of Lincoln, as described 
within the following boundaries, with the Inhabitants 
thereon — Be and they are hereby incorporated into a 
town by the name of Hope, beginning at the Northwest- 
erly corner of Camden, thence running North fifty six 
degrees East on Camden line five miles & one quarter of 
a mile — thence North thirty four degrees west Six Miles, 
making a Corner — thence South fifty six degrees west five 
miles & one quarter of a Mile to Union line thence South 
thirty four degrees East by Union line & the line of the 
town of Warren six Miles to the place of beginning — 
And the said town of Hope is hereby incorporated and 
vested with all the powers, priviledges, rights, and immuni- 
ties, to which other towns are intitled by the Constitution, 
and Laws of this Commonwealth. 

Sect. 2d. And be it further enacted, that Samuel Jacobs 
of Camden in the County of Lincoln, Esquire be and he is 
hereby authorised to issue a warrant directed to some 
suitable person, an Inhabitant of the said town of Hope — 



Acts, 1804. — Chapter 42. 59 

requiring him to notify and warn the inhabitants thereof, 
to assemble at some convenient time and place as shall be 
expressed in the said Warrant for the choice of such town 
Officers, as towns are by Law required to choose, at their 
Annual meetings in the Months of March or April annu- 
ally. Approved June 23, 1804. 

1804. — Chapter 43. 

[May Session, ch. 42.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT FOR IN- 
CORPORATING JOSEPH NOTES & OTHERS BY THE NAME AND 
STILE OF THE PROPRIETORS OF THE FALMOUTH CANAL." 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That the Stock, property and estate ^""^^'^jf^^jg 
which may belong to the said Proprietors shall be divided of transfer, &c. 
into four thousand 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 such certificates and 
the property shall be vested in the Vendee when a record 
shall be made thereof by their Clerk, and new Certificates 
shall be issued accordingly and such shares shall in all re- 
spects be considered as personal estate. 

Sec. 2. And be it further enacted, That the share or shares to be 

, /. /»ji p •TT-k ' , 'jiiiT' liable to attach- 

shares oi any oi the aroresaid Proprietors with the divi- ment and ex- 
dends thereon due shall be liable to attachment and execu- 
tion in favor of any bona fide creditor in the manner 
following vizt. Whenever a proper Officer having a Writ 
of Attachment or execution against any such proprietor 
shall apply with such writ or execution to the said Clerk 
it shall be the duty of the said clerk to expose the books 
of the said proprietors to such officer and furnish him with 
a Certificate under his hand in his official Capacity ascer- 
taining the number of shares belonging to the said pro- 
prietor, 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 cop}^ of such 
writ of attachment or execution shall be left with the said 
Clerk, and such share or shares may be sold on execution 
in the same manner as other personal property taken in 



ecution. 



60 



Acts, 1804. — Chapter 43. 



Amount of 
property 
allowed to be 
held. 



Commence- 
ment and dura- 
tion of toll. 



execution — and it shall 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 
said clerk, 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 in execution. 

Sec. 3. And be it further enacted, That the proprie- 
tors aforesaid be and hereby are made capable in law to 
have, hold, purchase, enjoy, and retain to them, their suc- 
cessors and assigns, lands, rents, tenements and heredita- 
ments to the amount of One hundred and twenty thousand 
dollars, including the value of such real estate as they are 
already made capable of holding by the Act to which this 
is an addition. 

Sec. 4. Be it further enacted, That the toll already 
established and granted said Proprietors shall commence 
at the day when the said Canal shall be completed, and 
continue for and during the term of one hundred years 
from the same day, any thing in the Act to which this is 
in addition to the contrary notwithstanding. 

Apiwoved June 23, 1804. 



1804. — Chapter 43. 

[November Seseion, ch. 1.] 

AN ACT TO RENDER VALID THE DOINGS OF CERTAIN PERSONS 
WHO WERE DEPUTIES UNDER THOMAS PHILLIPS ESQR. LATE 
SHERIFF OF THE COUNTY OF HANCOCK AT THE TIME OF HIS 
RESIGNATION. 

Whereas divers Writs and Precepts have been served 
and executed, since the resignation of the said Phillips by 
certain persons ivho were deputies under him at that time. 

Be it therefore enacted by the Senate and House of Rep- 
resentatives in General Court assembled and by the author- 
ity of the same. That all Writs and Precepts served and 
executed, since the Resignation of the said Phillips and 
before the qualification of his successor in said Office, by 
his giving Bonds as the Law directs by any persons who 
were deputies under the said Phillips at the time of his 
resignation shall be considered and taken as legally served 
and executed, in the same manner as they would have been 
had said Phillips continued in said Office during that time 
— and the doings of said persons within the time afore- 
said, by virtue of such Writs and precepts are hereby 



Acts, 1804. — Chapter 44. 61 

rendered and declared to be valid to all intents and pur- 
poses, so far as the same were in other respects done 
according to Law. A2)proved November 20, 1804. 

1804. — Chapter 44. 

[November Session, ch. 2.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT EMPOW- 
ERING TOWNS TO RESTRAIN CATTLE FROM RUNNING AT 
LARGE WITHIN THEIR SEVERAL LIMITS." 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the au- 
thority of the same. That the Inhabitants of any Town Towns author- 

. <^ j' . ' '' . ized to restrain 

within this Commonwealth, may at any town meeting cattiefrom 

legally holden for that purpose, order and direct that any ^°'°^^' '""^®* 

particular description of neat Cattle or other commonable 

beasts shall not go at large, within the limits of such 

town, without a keeper, under the penalty mentioned in 

the Act to which this is in addition, and to be recovered 

in the manner therein prescribed, for each beast found 

going at large, without a keeper, contrary to the order 

and direction of any town as aforesaid. 

Sec 2. And be it further enacted, that if any person Penalty for 
or persons, shall turn out, or suffer any such Cattle or ?arge*'o^n thi" 
beasts, so restrain'd as aforesaid from going at large, to ^''^'^'^ '^''y- 
go at large on the Lords Day with or without a keeper, 
such person or persons shall forfiet and pay Fifty Cents 
for each beast so turned out or suffered to go at large to 
be recovered by action of debt, by any Inhabitant of such 
town, who will sue for the same and for his sole use ; — 
And it is also hereby made the duty of all Field Drivers 
within their respective Towns and districts to carry the 
provisions of this Act into effect. 

Sec. 3. And be it fuj-ther enacted. That if any per- Person allowing 

rt> ti--ii 1 II • cattle to go at 

son shall suner any such Cattle or beasts belonging to large to be 
him or in his keeping to go at large, contrary to the order damage°s'!' 
and direction of any town made pursuant to the authority 
given in this Act, and the Act to which this is in addition 
and any such Cattle or beasts shall within such town do 
damage on the improved lands of any person, the person 
so suffering such Cattle or beasts to go at large shall be 
liable to pay all damages so done by such Cattle or beasts, 
to be recovered by the person sufiering such damage, in 
an Action of Trespass, before any Court proper to try the 
same, whether such improved lands be enclosed with a suf- 
ficient fence or not. Approved November 21, 1804. 



62 



Acts, 1804. — Chapters 45, 46, 47. 



1804. — Chapter 45. 

[November Session, ch. 3,] 
AN ACT TO CHANGE THE NAME OF BELA NICHOLS. 

Be it enacted by the Senate and House of Representa- 
tives, in Gene7'al Court assembled, and by the authority of 
the same, that Bela Nichols, of Springfield, in the County 
of Hampshire, Printer, be, and he hereby is allowed to 
take the name of Francis D. Nichols, and that he shall in 
future be known and called by the name of Francis D. 
Nichols ; and the same shall be considered as his proper 
name, to all intents & purposes. 

Approved November 21, 1804. 

1804. — Chapter 46. 

[November Session, ch. 4.] 
AN ACT TO CHANGE THE NAME OF BELA SNOW. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, — That Bela Snow, son of the late Sylvanus 
Snow, of Brewster, in the County of Barnstable, deceased, 
be, and he hereby is allowed to take the name of Sylvanus 
Snow ; and that he shall be, in future, known and called by 
the name which he is so allowed to take as aforesaid, and 
the same shall be considered as his only proper name to 
all intents and purposes. Approved November 22, 1804. 



Persons Incor- 
porated. 



Corporate 
name. 



1804. — Chapter 47. 

[January Session, cli. l.J 

AN ACT TO INCORPORATE THE PROPRIETORS OF THE PUBLIC 
BATHING 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 Aaron Dexter, Thomas Welsh, 
Stephen Codman, Sylvanus Gray, John C. Howard, 
Richard D. Tucker, Allan Pollock and all such persons as 
are, or may be associated with them, for the purpose of 
erecting and keeping a bathing House in Boston, and 
their successors, shall be, and they hereby are made a cor- 
poration by the name of the Proprietors of the Bathing 
House in Boston, and by that name may sue and be sued, 



Acts, 1804. — Chapter 47. 63 

and uiay have a common Seal, and may have and enjoy all seai allowed, 
the priviledges, and powers, which are by Law incident ' 
to a Corporation, for the purpose of keeping using and 
improving a public building or buildings with all neces- 
sary and convenient appurtenances for Bathing. 

Sect. 2d. A7id be it further enacted by the authority 
aforesaid, that Aaron Dexter, Thomas Welsh, Sylvanus Meetiugs; om- 

•^ ' ' - . '' , cers to be 

Gray, or any one of them, may, by an advertizement in chosen, &c. 
one or more of the Newspapers printed in Boston, call a 
Meeting of said Proprietors, to be held at any suitable 
time and place, after ten days Notice ; and the said Pro- 
prietors, by the Vote of the Major part of those present, 
or represented at said meeting, may choose a President, a 
Treasurer, a Clerk and six Directors, and may Vest in 
them such powers as they may deem necessary, and may 
determine how often and in what manner, and at what 
times, said Officers shall be chosen, and in what manner 
future meetings shall be called and held. 

Sect. 3d. And be it further enacted by the authority 
aforesaid, that the said Corporation be, and the same Real estate; 

. . ehares &c. 

hereby is authorised and empowered to purchase and hold 
real estate to the Value of Twenty thousand dollars ; and 
that the whole interest shall be divided into one hundred 
shares, which shares shall be deemed and considered to 
all intents and purposes as personal property, and owner- 
ship thereof, shall be evidenced by a Certificate signed 
by the President, and Countersigned by the Clerk, and 
sealed with the Common Seal ; — and such share shall be 
transferable by the owner personally, or by attorney upon 
the books to be kept by the Clerk for that purpose, & such 
owner, upon making such transfer, shall deliver up his cer- 
tificate to be cancelled. 

Sect. 4th. Be it farther enacted by the authority 
aforesaid, — That the property of every individual mem- ^!^?[®* '"j^^^^^.^ 
ber in said Corporation vested therein, shall be liable to mem and 
attachment, and to the Payment, and Satisfaction of his ^^"'^'^ '°°' 
just debts, to any of his Bona fide Creditors, in manner 
following, Vizt. In addition to the Summons by law pre- 
scribed to be left with the debtor, a like summons shall be 
left with the Clerk of the said Corporation ; and the Debt- 
ors shares in said Corporation, together with any interest, 
profits, or rents of any kind due or growing due thereon, 
shall be held to respond said Suit according to Law ; And 
all transfers of the Debtor's shares not noted in the Clerk's 



64 



Acts, 1804. — Chapter 48. 



books previous to the delivery of such Summons, shall 
be barred thereby ; and execution may be levied upon the 
property of any Member of said Corporation, and his 
shares therein be exposed to sale, in the same way as is 
by law provided and established where personal estate is 
taken in execution. And it shall be the duty of the Offi- 
cer, who extends such execution, to leave an attested Copy 
thereof, with his doings thereon, with the Clerk of said 
Corporation ; And the purchaser shall thereupon be en- 
titled to all dividends, and Stock, and to the same privi- 
lidges, as a Member of said Corporation, that the debtor 
previously was entitled to ; — And upon attachment being 
made or execution levied on any shares in said Corpora- 
tion, it shall be the duty of the Clerk to expose the books 
of said Corporation to the officer, and to furnish him with 
a Certificate under his hand in his official Capacity, ascer- 
taining the Number of shares the debtor holds in said Cor- 
poration, and the amount of the dividend, if any, thereon 
due. Approved January 24, 1805. 



Preamble. 



CommiBsionerB 
to be appointed 
to locate gates. 



1804. — Chapter 48. 

[January Session, ch. 4.] 

AN ACT IN ADDITION TO AN ACT INTITLED " AN ACT FOR IN- 
CORPORATING CERTAIN PERSONS FOR THE PURPOSE OF LAY- 
ING OUT AND MAKING A TURNPIKE ROAD FROM NEWBURY 
PORT TO CHELSEA BRIDGE." 

Whereas the proprietors of the Newhury Port turnpike 
by their directors have represented to this Court that they 
have already completed a considerable portion of their said 
road and are yet proceeding in that worTc, but that as the 
expence attending said undertaking has already greatly 
exceeded the sum Originally contemplated, and that as they 
are not allowed by their act of incoiporation to recieve toll 
of passengers on their said road until the whole thereof be 
completed, many persons already travel on the same with- 
out paying said Corporation any compensation therefor. 

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 His Excellency the 
Governor be, and he hereby is authorized to appoint 
three Commissioners, who shall have authority forthwith 
to repair to the said road and they or a Major part of 
them may if they think proper, and said directors desire it, 



Acts, 1804. — Chapter 48. 65 

determine upon locate and establish toll gates on such part 
of said turnpike road as they shall deem sufficiently made 
at which said corporation shall have a right to demand and 
recieve of all travellers and passengers the rates of toll 
established by said incorporating act, in the same manner as 
by said Act they would have been entitled to do after the 
whole of said road should have been compleated. And 
whereas, said turnpike road is so laid out as to intersect a 
great number of highways in such a manner that the pay- 
ment of toll may often be eluded by persons travelling over 
considerable portions of said turnpike road, unless said 
corporation be authorised to erect a greater number of toll 
gates than by said incorporating Act is allowed. There- 
fore 

Sect. 2. Be it further enacted^ That said Commis- Number of 
sioners or a major part them, may at the request of said est'abUBhVd. ^* 
Corporation determine upon locate and establish such a 
number of toll gates more than three and not exceeding 
Six, as they shall think fit, upon such parts of said turn- 
pike road as they may deem suffic[i]ently made, at each of 
which gates, or at such of them as said Commissioners shall 
designate for that purpose the said Corporation shall have 
a riofht to demand and recieve half the rates of toll estab- 
lished by said incorporating Act to be paid at the three 
gates thereby allowed and no more. Provided that the 
toll which said corporation shall have a right to demand 
at all the gates which may be established on said turnpike 
road shall not exceed the rates of toll allowed by said in- 
corporating Act to be demanded for passing over the 
whole thereof. And said Commissioners in locating and 
designating said toll gates, are enjoined to govern them- 
selves accordingly. And said Commissioners or a Major 
part of them shall make return of their doings in the 
premises into the Office of the Secretary of this Common- 
wealth to be by him recorded at the expence of said Cor- 
poration. 

Sect. 3. Be it further enacted, that the penalties, Penalties, &c. 
provisions, and restrictions created by the Act to which to apply to 
this is in addition relateing to the toll gates and the reg- now^aiiow^d. 
ulation and payment of toll shall apply as fully to the 
gates and payment of toll hereby allowed, as though the 
same had been Originally allowed in that Act. 

Approved February 2, 1805, 



66 



Acts, 1804. — Chapters 49, 50. 



1804. — Chapter 49. 

[January Session, ch. 2.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
INCORPORATE JONATHAN MASON & OTHERS INTO A COM- 
PANY BY THE NAME OF THE UNION MARINE INSURANCE 
COMPANY." 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Capital reduced, authority of the same, that from and after the passing of 
this Act the Capital Stock of the said Union Marine and 
Insurance Company, which now consists of two hundred 
and fifty thousand Dollars, shall be reduced to two hun- 
dred thousand dollars, exclusive of premium Notes & 
profits arising from their business, and shall be divided 
into two thousand five hundred shares, each share to con- 
sist of eighty dollars — of which Capital Stock a sum not 
exceeding twenty thousand dollars may be vested in real 
Estate. Provided, that nothing herein contained, shall 
affect or diminish the number of shares, which any Stock- 
holder now holds, or is entitled to, in the Capital stock 
of said Company, but the same shall remain as though 
this Act had not been made. 

Sect. 2. And be it further enacted, that nothing 
contained in this Act, shall prejudice or affect any policy 
of Insurance heretofore made by said Company, but in 
case of any loss or losses arising or happening on any such 
Policy heretofore made, the Party insured thereby, shall 
have the same remedy, and the estate of each proprietor 
or stockholder shall be held accountable therefor in the 
same manner and to the same amount, as if this Act had 
not been made. Approved February 4, 1805. 



Policlea not 
affected. 



Preamble. 



1804. — Chapter 50. 

[January Session, ch. 3.] 

AN ACT TO INCORPORATE THE PERSONS HEREIN NAMED INTO 
A COMPANY, BY THE NAME OF THE BROAD STREET ASSOCIA- 



TION IN THE TOWN OF BOSTON. 



Whereas Sundry persons. Proprietors of the Ship JTard 
and of certain Wharves and fats lying 07i the Harbour of 
Boston, between Battery March Street arid State Street 
— in said Town, have associated for the purpose of im- 
proving said land and laying out a spacious sireat near 



Acts, 1804. — Chapter 50. 67 

the Harbour^ through their said Estates^ which ivill he 
conducive to public A.ccommodation : 

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 Uriah Cottmg, Persons incor- 
James Lloyd, Junior, Benjamin Bussey, Francis Cabot ^""^"^ 
Lowell, Rufus Greene Amory, Joshua Loring, John I. 
Loring and Samuel D. Harris, Proprietors of the said 
Ship Yard, wharves and flats, with such of the Proprie- 
tors of the other Wharves and estates lietween said limits 
as may hereafter associate with them, and their Successors 
and Assigns, being Citizens of the United States, shall 
be, and hereby are constituted a body Politic and cor- corporate 
porate, by the name of Broad Street Association in the °''™^' 
town of Boston, for and during the term of seven Years 
& no longer, and the said Corporation, by the said name, 
are hereby declared and made Capable in law to sue and 
be sued, to implead & be impleaded, to have a common 
Seal and alter and renew the same at pleasure, to make 
rules and by-laws for the regulation and management of 
the said Estates, consistent with the laws of the Common- 
wealth, and generally to do and execute whatever by law 
shall appertain to Bodies Politic. 

Sect. 2. And be it further enacted, by the authority 
aforesaid, that the said Corporation shall be, and hereby corporation 
is declared Capable to purchase, have, hold and possess falX^form^"''^ 
the said Ship Yard, Wharves, Lands & appurtenances, streets, &c. 
lying between Battery-March-Street & State-Street afore- 
said, or such parts thereof as may be conveyed to the said 
Corporation by the said individual Proprietors, and shall 
have power, with the Approbation of the Selectmen of 
Boston, to lay out one or more Streets through the same, 
to build walls to protect the same from the Sea, & to 
erect buildings thereon, & the said corporate property, 
or any part thereof, to grant sell, & alien, in fee Simple 
or otherwise, & to lease, exchange manage & improve 
the same, according to the will and pleasure of the said 
Associates or a major part of them, to be expressed by 
their Votes at any legal meeting. 

Sect. 3d. Be it further enacted, that the said Associ- ^harlslob^e"^ 
ates may, at any legal Meeting, agree upon the Number issued. 
of Shares into which the said Estate shall be divided, not 
exceeding five hundred, & upon the form of certificates to 
be given to Individuals of the Number of Shares by them 



68 



Acts, 1804. — Chapter 50. 



Shares of in- 
dividuals liable 
to attachment, 
&c. 



Meetings, &c. 



respectively held, & upon the mode & conditions of trans- 
ferring the same, which shares shall be held & considered 
as personal Estate ; — they shall also have power to assess 
upon each share such sums of Money as may be deemed 
necessary for Streets Sea Walls, erecting buildings, pur- 
chasing lands within the aforesaid limits, &, generally, 
for the improvement & good management of said Estate, 
agreeably to the true intent of this Act ; & to sell & 
dispose of the said Shares for the payment of Assesments, 
in such way & manner as said Corporation may determine. 
— Provided however, that the Value of the buildings which 
may be erected on the premises by the said Associates & 
held by them or for their use as a Corporation shall not 
exceed, at any one time, four hundred Thousand Dollars, 
exclusive of the Land. 

Sect. 4. Be it further enacted, that the property of 
every individual Member of said Corporation, vested in 
said Corporate fund or Estate, shall be liable to attach- 
ment & to the payment of his just debts, in manner follow- 
ing, to Vizt. in addition to the Summons by Law pre- 
scribed to be left with the Debtor, a like Summons shall be 
left with the Secretary or Clerk of said Corporation, and 
the Debtor's share or shares in the Corporate funds shall 
be held thereby to respond said suit, according to law ; 
all transfers of the Debtor's shares in the said Corporate 
funds, not noted in the Books of the Corporation previ- 
ously to the delivery of such Summons, shall be barred 
thereby ; and execution may be levied on the property of 
any stock holder in the said Corporation, & his shares 
therein exposed to sale in the same manner as is by law 
provided when Personal Estate is taken in execution ; & 
it shall be the duty of the Officer who extends such Execu- 
tion to leave an attested Copy thereof, with his doings 
thereon, with the Clerk or Secretary of said Corporation, 
and the purchaser shall thereupon be entitled to the recep- 
tion of all Dividends & Stock, & to the same priviledges, 
as a member of the said Corporation, that the Debtor was 
previously entitled to, & to none other; & it shall be the 
duty of the Secretary or Clerk to expose the Books of said 
Corporation to the Officer, so far as respects the Number 
of shares said Debtor may own, and to furnish him with 
an official Certificate of the number of shares owned by 
said Debtor. 

Sect. 5. And be it further enacted, that any two of 
the Associates may call a Meeting, by advertizing the same 



Acts, 1804. ~ Chapter 51. 69 

in any two of the public News papers printed in Boston, 
at least three days before the time of Meeting, & at that 
or any other Meeting may elect such President, Trustees, 
Directors, Secretary, Clerk or other Officers, & for such 
term of time, not exceeding one year, as they may judge 
fit, & the same at pleasure change or remove ; & in the 
choice of Officers, or on any other Occasion, when it shall be 
required by a major part of the members present at any 
meeting, the votes may be given by shares, provided only, 
that no one member shall have more than five Votes. 

Sect. 6. Be it further enacted, that nothing herein Landa, &c. not 
contained shall be deemed or construed to give to said without consent 
Proprietors any right or Authority to take or appropriate °^ °'^°er8. 
to their use the land, right or privilege of any person 
or persons without his or their consent, and by a legal 
conveyance thereof from such person or persons to the 
said Corporation. 

Sect. 7. And he it further enacted, that at the ex- Real estate to 

/.•I / iii-r< 1 vest in mem- 

piration of said term of seven years all real Jbstate then bers of the cor. 
belonging to said Corporation shall be, and hereby is endVfTeven ° 
vested \n such persons as may then be the Members ^®^''^" 
thereof, and their respective Hiers and Assigns, as ten- 
ants in Common, in proportion and according to the Num- 
ber of Shares they may then hold. 

Approved Febi'um'y 12, 1805. 

1804. — Chapter 51. 

[January Session, ch. 5.] 

AN ACT TO AUTHORISE WILLIAM FLITNER, AND OTHERS, TO 
BUILD A BRIDGE ACROSS ROBIN HOOD'S COVE. 

JBe it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority 
of the saine, that William Flitner and Benjamin Riggs, 
together with their associates, and those who shall here- 
after associate with them, be, and they hereby are per- 
mitted to build a bridge, over both branches of Robin 
Hood's Cove, at or near the Mills on said Cove, in the 
town of Georgetown, in the County of Lincoln : Pro- 
vided, the said Bridge be so constructed as to admit the 
passing Gondola's loaded with Hay. 

Approved February 11^ 1805. 



70 Acts, 1804.— Chapters 52, 53. 

1804. — Chapter 53. 

[January Session, ch. 6.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR IN- 
CORPORATING CERTAIN PERSONS, FOR THE PURPOSE OF LAY- 
ING OUT AND MAKING A TURNPIKE ROAD FROM QUINCY 
MEETING HOUSE, TO A PLACE CALLED QUEEN ANN'S CORNER, 
ON THE BORDERS OF HINGHAM AND SCITUATE, AND FOR 
BUILDING THE NECESSARY BRIDGES ON SAID ROAD, AND FOR 
SUPPORTING THE SAME." 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That the Braintree and Weymouth 
Turnpike Corporation, be, and are hereby authorised and 
empowered to demand and recieve one Cent from all foot 
passengers & travellers passing over the Bridge in Brain- 
tree, built from Thomas' point, so called, to the west end 
of Minot Thayer's Wharf. 

Sec. 2d. And be it further enacted, that the Gov- 
ernor and Council be, and hereby are empowered to 
appoint a special Committee, at the expence of said Cor- 
poration, to approve of the road from Tufts' Store to 
Queen Ann's corner, when the same shall be compleated, 
any law to the contrary notwithstanding. 

Approved February 11, 1805. 

1804. — Chapter 53. 

[January Session, ch. 7.] 

AN ACT TO SET OFF JEDEDIAH LITTLE FROM THE SOUTH PARISH 
IN THE TOWN OF MARSHFIELD, AND TO ANNEX HIM & HIS 
ESTATE TO THE NORTH PARISH, IN THE SAID TOWN. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that Jedediah Little, of Marshfield, in the 
County of Plymouth, with his polls & estate, be, and 
hereby is set off from the South, and annexed to the North 
Parish in the said town of Marshfield. Provided, that the 
said Jedediah Little shall previously pay his proportion 
of all Parish Charges assessed upon, and due to the said 
South Parish, prior to the date of this act. 

A][)proved February 11, 1805. 



Acts, 1804. — Chapter 54. 71 



1804. — Chapter 54. 

[January Session, ch. 8.] 

AN ACT TO INCORPORATE THOMAS HAZARD JUNIOR & OTHERS 
INTO A COMPANY, BY THE NAME OF THE BEDFORD MARINE 
INSURANCE COMPANY. 

Section 1. Be it enacted by the Senate and House 
of JRepresentatives, in General Court assembled, and by 
the authority of the same, That the said Thomas Hazard ^^Ji^'Jf/"*'"''" 
Jiinr. & others Petitioners, and all such persons as have 
already, or shall hereafter become Stockholders in said 
Company, being Citizens of the United States, be and 
they are hereby incorporated into a Company & body 
politic by the name of The Bedford Marine Insurance corporate 
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 de- 
fend to filial judgment & 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. 

Section 2. And be it further enacted. That a share vaiue of shares 
in the Capital Stock of the said Company shall be One capUaT.°"° " 
hundred Dollars, and the number of shares shall be One 
thousand five hundred ; and if the said number of shares 
are not already filled, subscriptions shall be kept open, 
under the inspection of the President & Directors of the 
said Company, until the same shall be filled; and the Real esute. 
whole Capital Stock, estate, or property which the said 
Company shall be authorised to hold shall be one hundred 
and fifty thousand Dollars, exclusive of premium Notes 
or profits, arising from their business, of which Capital 
Stock or property, not more than fifteen thousand Dol- 
lars, shall be invested in real estate. 

Section 3. And be it further enacted, That the stock, SloS &c? ^* 
property, affairs & concerns of the said Company, shall 
be managed & conducted, by Seven Directors, one of 
whom shall be President thereof, who shall hold their 
Oflices for one year, and until others shall be chosen 
and no longer, which Directors shall, at the time of their 
election, be Stockholders & Citizens of this Common- 
wealth ; and shall be elected on the second Monday of 
April — in each and every year, at such time of the day, 



72 



Acts, 1804. — Chaptee 54. 



President to be 
chosen, &c. 



Board of 
directore. 



and at such place in the town of New Bedford, as a 
majority of the Directors for the time being shall appoint ; 
of which election public notice shall be given, by publica- 
tion in the Courier printed in New Bedford, for the space 
of ten days — immediately preceeding such election ; and 
such election shall be holden under the inspection of at 
least three Stockholders, not being Directors, to be ap- 
pointed 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 Stockholder 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 unavoid- 
able accident, the said Directors shall not be chosen on 
the said second Monday of April, as aforesaid, it shall 
be lawful to choose them on another day, as shall be 
appointed by the President & two Directors. And no 
person 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. 

Section 4. And he it further enacted. That the Di- 
rectors so chosen shall meet as soon as may be after every 
election, and shall choose out of their number one person 
to be president, who shall preside until his successor shall 
be chosen ; and shall be under Oath or Affirmation faith- 
fully to discharge the duties of his Office ; and in the case 
of the death, resignation, or inability to serve of the 
President or any Director, such vacancy shall be filled 
for the remainder of the year, in which they shall happen, 
by a Special election for the purpose, to be held in the 
same manner as is herein before directed, respecting 
annual elections for Directors and President. 

Section 5. And he it further enacted. That the Presi- 
dent and two of the Directors, or three of them in his 
absence shall be a Board, competent to the transacting of 
business ; and all questions before them shall be decided 
by a majority of Votes ; & they shall have power to make 
and prescribe bye-laws, rules, and regulations, as to them 
shall appear needful & proper, touching the management 
and disposition of the Stock, property, estate, & effects 
of said Company, and the transferr of the shares, and 
touching the duties and Conduct of the several Officers, 
clerks, & servants employed, and the election of Directors, 



Acts, 1804. — Chapter 54. 73 

and all such matters as appertain to the business of Insur- 
ance ; and shall have power to appoint a Secretary, and 
so many clerks & servants for carrying on of said business, 
and with such salaries and allowances to them & 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 and Laws of this Com- 
monwealth. 

Section 6. And he it further enacted, That there Meetings of 
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 President and a Committee of two of the Directors, 
to be by him appointed in rotation shall meet dayly, 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 Board, shall have power and authority, 
on behalf of the Company, to make insurance upon ves- 
sels, freights, money, goods, and effects, and against the 
Captivity of persons, and on the life of any person, dur- 
ing his absence by sea, and in cases of money lent upon 
bottomry 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, and 
shall be binding & obligatory upon the said Company, 
and have the like effect and force, as if made under the 
Seal of the 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 sub- 
scribed, may be adjusted and settled by the President, 
and board of Directors, and the same shall be binding on 
the Company. 

Section 7. And he it further enacted. That it shall semiannual 
be the duty oi the Directors on the second Monday of be made. 
January and July 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, and the 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 Com- 
pany ; and in case of any loss or losses, whereby the 



74 



Acts, 1804. — Chapter 54. 



ital stock. 



Company not to 
engage in trade. 



affecting cS-^* Capital Stoclv of tliG Company shall be lessened, each 
proprietor or Stockholder's estate shall be held account- 
able 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 President 
& Directors shall order ; and no subsequent dividend 
shall be made, until a sum equal to sucli diminution shall 
have been added to the Capital ; and that once in every 
two years, and oftener if required, by a majority of the 
Votes of the Stockholders, the Directors shall lay before 
the Stockholders, at a legal meeting, an exact & particular 
Statement of the profits, if any there be, after deducting 
losses and dividends. 

Section 8. And 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 com- 
modities whatever, other than such as may be abandoned 
by the assured ; and the Capital Stock of said Company, 
after being collected at each instalment, shall within Six 
Months be vested either in the funded debt of the United 
States, or of this Commonwealth, or in the Stocks of the 
United States Bank, or of any incorporated Bank of this 
Commonwealth, at the discretion of the President & Di- 
rectors of said Company, or of other Officers, which the 
Stockholders shall for such purpose appoint. 

Section 9. And be it further enacted, That fifty dol- 
lars on each share in said Company, shall be paid within 
ninety days, after the first meeting of the said company, 
and the remaining sum due on each share within one year 
after said first meeting, 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 be valid, until all the instalments on such 
shares shall have been paid. 

Section 10. 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 & execution, in 
favour 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 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 Officer, and furnish him 



Payment for 
Bharea. 



Shares liable to 
attachment and 
execution. 



Acts, 1804. — Chapter 54. 75 

with a Certificate, under his hand, in his official capacity, 
ascertainino; the number of Shares the said member holds 
in said Company, and the amount of the dividend or div- 
idends 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. 

Section 11. And be it further enacted, That in case Liability for in- 
of any loss or losses taking place, that shall be equal to if^Mo^sseT'' 
the amount of the Capital Stock of the said Company, oapuiu^ 
and the President and Directors, after knowing of such 
loss or losses taking place, shall subscribe to any policy 
of Insurance, their estates jointly & severally, shall be 
accountable for the amount of any and every loss, which 
shall take place, under policies thus subscribed. • 

Section 12. And be it further enacted. That the Pres- Amount of cap- 
ident & Directors of the said Company shall previous to published 
their subscribing to any policy, and once in every year '*°°"^"y- 
after, publish in the Courier, or any other news paper 
printed in said town, the Amount of their Stock, against 
what risques they mean to insure, and the largest sum 
they mean to take on any one risque. And the said Pres- 
ident 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 of said Corporation actually 
paid in. 

Section 13. And be it further enacted, That the Pres- statements to 
ident & Directors of said Company shall, when, and as lettiBiature 
often as required by the Legislature of this Common- ^ «°''equ"'e . 
wealth, lay before them a Statement of the Affairs of said 
Company, and submit to an examination, under Oath or 
Affirmation concerning the Same. 

Section 14. And be it further enacted^ That Thomas First meeting. 



76 Acts, 1804. — Chapters 55, 56. 

Hazard Junr. Abraham Russell, and Daniel Ricketson, or 
any two of them, be and hereby are authorised to call the 
first Meeting of the members of said Company, by adver- 
tizing the same in the Courier, printed in New Bedford in 
two Successive papers, for the purpose of Electing their 
first board of Directors, who shall continue in OflSce, — 
until the second Monday of April, One thousand eight 
hundred & six, and until others are chosen in their stead. 

Approved February 11, 1805. 

1804. — Chapter 55. 

[January Session, ch. 9.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT TO IN- 
CORPORATE GEORGE DODGE AND OTHERS INTO A COMPANY, 
BY THE NAME OF THE SALEM MARINE INSURANCE COM- 
PANY." 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court asseinbled, and by the 
authority of the same. That the Secretary of said Com- 
pany may and shall at any time hereafter, upon the appli- 
cation in writing of the President and the major part 
of the Directors, or of the proprietors of two hundred 
Shares of said Capital Stock, call a Meeting of the Stock- 
holders, to be holden at such time and place in said Salem 
as he shall direct, for the purposes mentioned in such ap- 
plication, by advertizing the same in one of the News 
Papers printed in Salem, at least seven days before the 
time appointed for such Meeting. 

Sect. 2. And be it further enacted. That said Stock- 
holders, at any Legal Meeting thereof, may make any other 
rule and regulation for calling Meetings in future, which 
they shall judge will be more convenient for them. 

Approved February 16, 1805. 

1804. — Chapter 5Q, 

[January Session, ch. 10.] 

AN ACT AUTHORISING THE INHABITANTS OF THE TOWN OF 
NEWTON, IN THE COUNTY OF MIDDLESEX TO REGULATE THE 
TAKING OF FISH, CALLED SHAD & ALEWIVES WITHIN THE 
LIMITS OF THE SAID TOWN. 

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



Acts, 1804. — Chaptee 57. 77 

autJiority of the same, — That from and after the passins: The right of 
of this Act, it shall be lawful for the Inhabitants of said may be sold. 
town of Newton, to sell the right, and regulate the times, 
places and manner of taking said Fish within the limits of 
said Town, not exceeding in point of time three days in 
a Aveek. And the Inhabitants of said Town at their an- 
nual meetings in March or April are hereby authorised 
and impowered to appoint Agents, whose duty it shall be 
to carry into execution the purposes of this Act. 

Section 2. Be it further enacted. That the agents Agents to make 
aforesaid may in behalf of said Town, and for their use *"'^'^'=- 
and benefit, sell the right, and regulate the times, places, 
and manner of taking said Fish within the Town afore- 
said. And for the proceeds of said Sale of said right, said 
Agents shall be held to account with and pay to the said 
Inhabitants from time to time in such manner as they may 
direct or Vote in said Meetings in March or April. 

Section 3. Be it further enacted, That the said Agents Rules and 
shall forthwith, after establishing such rules and regula- b1fmade°and° 
tions, and determining by whom said Fish may be taken, ported up. 
cause a Copy thereof under their hands, to be posted up 
in two or more public places within the said Town ; and 
if any person, or persons, other than those to whom said 
right shall be sold as aforesaid, shall take any of said Fish, 
called Shad & Alewives within the Town aforesaid, or if 
any person, or persons to whom said right shall be sold as 
aforesaid, shall take any of said Fish, at any other time, 
in any other place, or in any other manner, than shall be 
expressed in the Conditions of the sale to them; such per- Penalty for im- 
son or persons so offending shall severally for each and lishr''^ *^^'°^ 
every Oflence forfeit and pay treble the value of said Fish 
so taken ; to be recovered in an Action on the Case to the 
use of any Person, who may sue for the same. 

Ap-promd February 16, 1805. 

1804. — Chapter 57. 

[January Session, ch. 11.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF TURNER, IN THE COUNTY OF CUMBERLAND 
INTO A RELIGIOUS SOCIETY BY THE NAME OF THE UNIVER- 
SALISTS SOCIETY IN TURNER. 

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



78 



Acts, 1804. — Chapter 57. 



Persons incor- 
porated. 



Corporate 
name. 



Method of join- 
ing society. 



Method of leav- 
ing society. 



authority of the same, that Benjamin Chamberlain, Cyrus 
Leavitt, Joseph Leavitt Jun., Jabez Merril, Arthur Brad- 
man, Samuel Pumpilly, Levi Merril, Seraiah Merril, 
Hezekiah Bryant junr., Richard Philips, Jesse Bradford, 
David Hood, Reuben Thorp, Jeremiah Coburn, John Soul, 
Nathaniel Sawtill jr., Aaron Soul, Nathaniel Sawtell, Ben- 
jamin Sawtell, Joshua Whitman, Elisha Pratt, Ezekiel 
Bradford jr., Isaac Jones, Benjamin Jones jr., Bennet 
Pumpilly, Jabez Merril jr., Abraham Maxem Jr., Richard 
Phillips Jr., Cushing Philips, Robert Bradman, Josiah 
Gilbert, Elijah Gilbert Jr., Edward Keen, Church Pratt, 
Joseph Merril, Jabez T. Merril, Caleb Gilbert, Moses 
Allen, William Bradford, Ephraim Turner, Asa Bradford, 
Joseph Bonney, Abiel Turner, Isaac Leavitt, Chandler 
Bradford, Henry Jones jr., William Gorham, William 
Bradford Jr., Samuel Kensley, Samuel Kensley Jr., Icha- 
bod Bonney Jr., Daniel French Jr., George French and 
Elijah Gilbert, with their Families and Estates be and 
they are hereby incorporated into a Religious Society by 
the Name of the universalists Society in Turner, with all 
the powers, priviledges, and immunities, to which other 
Parishes are intitled by the constitution and laws of this 
Commonwealth for Religious purposes only. 

Sect. 2. Be it further enacted, thai any person helong- 
ing to the said Town of Turner, who may at any time 
within one year from the passing of this Act, actually 
become a Member of, and Unite in Religious worship 
with the Society aforesaid, and give in his or her name to 
the Town Clerk of said Turner, 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 universalists Society aforesaid, fourteen 
days at least previous to the Town Meeting to be holden 
in said Town of Turner in the Months 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 or per- 
sons shall be holden to pay their proportion of all Money 
assesed in said Town of Turner previous to that time. 

Sec. 3d. Be it further Enacted, that if any member 
of said Universalists Society shall at any time within one 
year from the passing of this Act see cause to leave the 
same, and Unite in Religious Worship with any other 
Religious Society in said Town of Turner, and shall lodge 



Acts, 1804. — Chapter 58. 79 

a Certificate, of such his or her intention, with the Minis- 
ter or Clerk of said Universalists Society, & also with 
the Clerk of the Town of Turner, fourteen days at least 
before the Town Meeting in the Months 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 and Estates, be considered as belonging 
to the Town or Parish in which he or she may reside, in 
the same manner as if he or she had never belonged to the 
said Universalists Society. 

Sec. 4th. And be it further enacted that any Justice First meeting, 
of the peace in the County of Cumberland, be and hereby 
is authorised to Issue a Warrant, directed to some suitable 
Member of said Universalists Society, requiring him to 
Notify and warn the Members thereof, to meet at such 
time and place in said Town as shall be directed in said 
Warrant, to choose such Ofiicers as Parishes in this Com- 
monwealth are by law Authorized to choose in the Months 
of March or April annually. 

Approved February 16, 1805. 

1804. - Chapter 58. 

[January Session, ch. 12.] 

AN ACT TO RESTRAIN THE ISSUING OF PRINTED PROMISORY 
NOTES OF CERTAIN DENOMINATIONS, & FOR OTHER PURPOSES. 

Sec. 1. Be it enacted by the Senate <& House of 
Rejyresentatives, in Generxd Court assembled, and by the 
authority of the same, That all Bills, Notes, Checks, Notes, &c. for 
Draughts, or Obligations whatsoever, under the amount of d^oiiar'^sTolJe^in 
five dollars, payable to bearer or to order, shall be wholly ^"'^»ng. 
in writing — And that all Notes, Bills, Checks, draughts, 
or Obligations whatsoever, under the aforesaid amount, 
and payable as aforesaid, which shall be made or issued 
after the first day of April next, and which shall bear the 
impression of types, plates or printing, shall be utterly 
void, and no Action shall be thereon sustained in any 
Court of Law. 

Sec. 2. And be it further Enacted, That any person or penalty, 
persons who shall issue or pass any Bill, Note, Check, 
draught or Obligation whatsoever, unless the same be 
wholly in writing as aforesaid, shall forfeit and pay a fine 
of four dollars, to be recovered by an Action of the Case, 



80 



Acts, 1804. — Chapter 59. 



Proviso. 



Secretary 
directed. 



before any Court competent to try the same, one Moiety 
thereof for the Use of the Complainant, and the other 
Moiety for the use of the poor of the Town, where 
said Bill, Note, Check, draught, or Obligation may be is- 
sued or passed : Provided however^ that nothing herein 
contained shall affect the rights or priviledges already 
granted to any Bank or Banks incorporated within this 
Commonwealth . 

Sec. 3. And he it further enacted^ That the Secre- 
tary, be, and he is hereby directed to cause this Act to be 
published, as soon as may be, in all those News-papers 
in which the Laws of this Commonwealth are usually 
published. Api^roved February 18, 1805. 



Barring of 
Estates Tail in 
lands, &c. 



1804. — Chapter 59. 

[January Session, ch. 13.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT PROVID- 
ING A MORE EASY AND SIMPLE METHOD THAN IS NOW IN 
USE OF BARRING ESTATES TAIL IN LANDS, AND FOR MAKING 
THE SAME LIABLE TO THE PAYMENT OF THE DEBTS OF THE 
TENANT IN TAIL." 

Be it enacted by the Senate and House of Representa- 
tives, in General Oourt assembled, and by the authority 
of the same. That in all cases whatever, where an Estate 
Tail in remainder in lands and tenements, together with 
all remainders and reversions expectant on the determina- 
tion thereof, might by law be barred by a common re- 
covery duly suffered by the tennant of the freehold and 
remainder man joining therein, such Estate Tail with all 
such remainders and reversions expectant on the deter- 
mination thereof, shall be as effectually barred, to all 
intents & purposes, by the deed or deeds of the Tenant 
of the Freehold, and of the remainder man, as the same 
could be barred by the suffering such common recovery ; 
and the Person or Persons to whom such deed or deeds 
shall be so made, shall hold the Lands and Tenements, so 
conveyed, to such uses as may be therein expressed, in 
the same manner as though such uses had been so ex- 
pressed in the deeds made, declaring the uses for which 
such common recovery might have been suffered — Pro- 
vided, that such deed or deeds made for the purposes 
aforesaid, be duly executed, acknowledged & recorded as 
provided in the Act to which this is in addition. 

Approved February 18, 1805. 



Acts, 1804. — Chapters 60, 61. 81 



1804. — Chapter 60. 

[January Session, ch. 14.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR 
REGULATING THE PROPRIETORS OF THE MEADOW AND FLAT 
GROUND WITHIN THE COVE, CALLED LITTLE-HARBOUR, IN 
THE TOWN OF HINGHAM, IN THE COUNTY OF SUFFOLK." 

Whe7'eas by the A.ct to lohich this is in addition, no Preamble. 
provision is made to prevent the taking and carrying away, 
from below the dam, or from off the beach, surrouiiding 
said Meadoio dcflat ground, Stones, Gravel, Sand, or other 
materials, by luhich the same might be greatly injured: 
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 stones, gravel, 
of this Act, it shall not be lawful for any person or persons removed." 
to take, carry away, or remove, by land or by water, from 
below the dam, or from ofl' the Beaches surrounding the 
said Meadow or flat ground, any Stones, Gravel or Sand 
— Wood, Brush or Grass, now growing, or which shall 
hereafter grow on said Beaches ; — And that every person 
so ofl:ending, and being convicted thereof, shall forfeit and 
pay, for each & every Ton of Stones, Gravel & Sand, — 
And for each & every Cord of Wood, or Brush so taken 
& carried away, five dollars, — and in proportion for a 
greater or less quantity, with costs of Suit, to be recoverd, 
by an Action of trespass, in any Court proper to try the 
same, the one half to the use of the Complainant, the 
other to the proprietors of said Meadow & flat ground. 

Sec 2. Be it further enacted. That all horses, cattle, Horses, &c. 
sheep, or swine, found running or feeding on said Beaches, beach m°ay^be 
shall be liable to be taken up and empounded by any of in>poinded. 
said proprietors, and dealt with in the same manner as if 
they had been taken in the Town ways, when prohibited, 
by the Town from running at latge. 

Approved February 18, 1805. 

1804. — Chapter 61. 

[January Session, ch. 15.] 

AN ACT TO INCORPORATE THE DISTRICT OF CARLISLE, IN THE 
COUNTY OF MIDDLESEX, INTO A TOWN BY THE NAME OF 
CARLISLE. 

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



82 



Acts, 1804. — Chapters 62, 63. 



Carlisle 
incorporated. 



Pay of rep- 
resentatives. 



Authorized to 
Bell certain 
real estate. 



authority of the same. That the District of Carlisle, in the 
County of Middlesex, be, and hereby is incorporated into 
a Town, by the name of Carlisle. And the said town is 
hereby vested with all the powers, privileges, and im- 
munities, to which other Towns are entitled by the Con- 
stitution & Laws of this Commonwealth. 

Sec. 2. Be it further enacted. That the said Town of 
Carlisle shall be liable to be assessed for the pay of 
Representatives heretofore chosen, in the same manner, 
and in the same proportion as if this Act had not passed. 

Approved February 18, 1805. 

1804. — Chapter 63. 

[January Session, ch. 16.] 

AN ACT TO CHANGE THE NAME OF PEPPERELBOROUGH TO 

SACO. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that from and after the passing of this Act, 
the name of the town of Pepperelborough, in the County 
of York, shall cease, and the said town shall hereafter be 
called and known by the name of Saco, and by this name 
shall be entitled to all the rights & priviledges, and subject 
to all the duties and obligations, to which it would have 
been entitled and Subjected, if the name had not been 
changed as aforesaid. Approved February 23, 1805. 



1804. — Chapter 63. 

[January Session, ch. 17.] 

AN ACT TO AUTHORISE THE SECOND PARISH IN SCARBOROUGH 
TO DISPOSE OF CERTAIN REAL ESTATE. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives in Genei^al Court assembled, and by the 
authority of the same. That, the Inhabitants of the Second 
Parish in Scarborough in the County of Cumberland be, 
and they are hereby authorized and empowered with the 
consent of the Revd. Nathan Tilton their Pastor, to sell 
and convey in fee simple a certain lot of land in said town 
belonging to said Parish, whereon the Parsonage house 
formerly stood. Containing one Acre and one half, and 
to make. Execute, and acknowledge a good and sufficient 
deed or Deeds thereof, which Deed or Deeds, subscribed 
by their Treasurer, by direction of said Parish, shall be 
good and effectual in Law to pass and convey the fee 



Acts, 1804. — Chapter 64. 83 

simple from said parish to the purchaser, to all intents 
and purposes whatsoever. 

Sect. 2d. Be it further enacted, That the money aris- Disposal of 
sing from the sale of said lot of Land, shall be laid out in ™om the"aie! 
purchasing a piece of Salt Marsh, adjoining the parsonage 
Lot of Marsh, or in some other convenient place in said 
Parish ; or the same may be invested in Bank Stock, or 
be put at interest and secured by Mortgage of real Estate, 
to the full Value thereof, or by two sufficient Sureties with 
the principal, and in either case the use and improvement 
thereof shall forever hereafter be appropriated to the use 
of the Congregational Ministers in said Parish. 

Sect. 3d. Be it further enacted, that said Parish be Exchange of 
and they are hereby authorised and empowered whenever ^fowed!" 
they judge proper with the consent of the Reverend 
Nathan Tilton their Pastor, To exchange all that part of 
the Parsonage lot of Marsh which lies Northerly of the 
first Cumberland Turnpike, and that part also which is 
bounded Westerly by a Crooked Creek, with Cyrus Foss 
for so much Marsh as will be an equivalent therefor, in a 
more eligible and convenient situation for the Minister of 
said Parish, and to make and execute a good and sufficient 
Deed of the Marsh so Exchanged to said Foss in manner 
as is provided in the first Section of this Act. 

Approved February 23, 1805. 

1804. — Chapter 64. 

[January Session, ch. 18.] 

AN ACT INCORPORATING SUNDRY PERSONS RESIDING IN THE 
TOWNS OF SHEFFIELD, WEST STOCKBRIDGE, AND STOCK- 
BRIDGE, INTO THE PROTESTANT EPISCOPAL SOCIETY OF 
GREAT BARRINGTON. 

Sec. 1. Be it enacted hy the Senate and House of 
Bepr'esentatives, in General Court assembled, and hy the 
authority of the same. That Job Westover, Joseph Wil- ^03.*°"°'' 
cox, Zachariah Spalding, and Stephen Stevens, of Shef- 
field ; Ezekiel Stone, Silas Stone, and Elijah Andrews of 
West Stockbridge ; And Clark Baldwin of Stockbridge, 
in the County of Berkshire, together with their families, 
polls and estates, be, and they hereby are incorporated name°'"'^ 
into the Protestant Episcopal Society of Great Barrington. 

Sec. 2. Be it further enacted. That any person be- Method of join- 
longing to either of the said towns of Sheffield or West '°^' ««°<=ety- 
Stockbridge, being of the Episcopal denomination, and 
who shall unite in religious worship with said Society, and 



84 



Acts, 1804. — Chapter 65. 



ProvUion re- 
Bpecting taxes. 



Persons incor- 
porated. 



shall within one Year from the passing of this Act, leave 
a Certificate, signed by the Minister or Clerk thereof, 
with the Clerk of the town to which he belongs, that he 
is regularly attendant upon public Worship in the said 
Society ; and shall also lodge a notification in writing, 
under his hand, in the office of the Clerk of the said Epis- 
copal Society, signifying his having joined the same ; such 
person shall, from and after leaving such certificate, and 
lodging such notification, as aforesaid, be considered, to 
all intents and purposes, together with his family, polls 
and estate, as belonging to the said Episcopal Society. 
Provided^ horvever, that such person shall be liable to pay 
his proportion of all assessments which may have been 
legally made upon the inhabitants of the town to which 
he belongs, prior to his joining the said Society. 

Sec. 3d. Be it further enacted. That the persons so in- 
corporated into the said Society, with their families, polls 
& Estates, shall be wholly exempt from any and all assess- 
ments, other than those legally imposed by said Society, 
except as herein before provided, for any religious pur- 
pose whatever ; that they shall be subject to tbe assess- 
ment and collection of all taxes legally granted and agreed 
upon by the said Society ; that it shall be lawful for the 
assessors and Collectors of the said society, for the time 
being, respectively, to assess and collect the same ; that 
it shall be the duty of the said Collectors, or other warn- 
ing Officers of the said Society, to warn the said persons 
to attend all society meetings ; and that the said persons 
shall enjoy all the priviledges and immunities, and be sub- 
ject to all the duties and restrictions of members of the 
said Society in the same manner they would or might if 
resident in the said town of Great Barrington. 

Approved February 23, 1805. 

1804. — Chapter 65. 

[January Session, ch. 19.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF NEW GLOUCESTER, GRAY, PEGYFSCOT, 
AND POLAND, AS A RELIGIOUS SOCIETY, BY THE NAME OF 
THE FIRST UNIVERSALIST SOCIETY OF CHRISTIANS IN NEW 
GLOUCESTER. 

Sect. 1. Be it enacted hy the Senate, and House of 
Bepre.sentatives, in General Court assembled, and hy the 
authority of the same, that Soloman Atwood Junr., Jacob 
Bailey, John Bayley, Robert Bayley, Nathaniel Bennett, 



Acts, 1804. — Chapter 65. 85 

Nathaniel Bennett Junr., Moses Bennett, Moses Bennett 
Jiinr., Jonathan Bennett, Jonathan Bennett Junr., John 
Bennett, John Bennett Jur., Isaac Bhike, Richard Blake, 
Alden Bridshani, William Bridgham, Daniel Cash, Jabez 
Cushman, Ebenezer Davis, Joshua Dunn, Josiah Dunn 
Junr., Thomas Finson, Moses Fitz, Thomas Goss Junr., 
William Hatch, Daniel Heaney, David Jordan, Job Lane, 
David Macintire, Samuel Mayall, John Mayall, Robert 
Mayall, Jabez Merchant, Joseph Pearce, Joseph Pearce 
Jur., Samuel Pearce, William Peirce, Joseph Pennell, 
Samuel Pingree, Joseph Raynes Junr., Stephen Rollins, 
Jose[)h Saunders, Moses Saunders, Moses Sawyer, David 
Steele, William Tucker, John Webster, True Woodbury, 
and Ebenezer Witham, with their families, polls, and Es- 
tates be and they are hereby incorporated into a religious 
Society, by the name of The first Universalist Society of tJorporate 

/-^i • • • -\T /-M • 1 n 1 • • name. 

Christians in New Gloucester, with all the powers, privi- 
ledges, rights, and immunities, to which other Parishes and 
religious Societies are entitled, by the Constitution and 
Laws of this Commonwealth, for religious purposes only. 

Sect. 2. A7id be it farther enacted, that any person Method of 
belonging to either of the said towns of New Gloucester, ioclltf.'''^ 
Gray, Pegypscot, and Poland who may at any time 
w[h]ithin one year from the passing of this Act actually 
become a member of, and unite in religious worship with the 
Society aforesaid, and give in his or her name to the town 
Clerk of the town in which he or she doth dwell, and pro- 
duce a Certificate signed by the Minister or Clerk, that 
he or she has actually become a member of, and united in 
religious worship with the universalist Society aforesaid 
thirty days at least, previous to the annual town Meeting 
in March or April, shall from and after giving such certifi- 
cate, with his or her polls and estates, be considered as 
members of said Society : Provided however, that such 
person or persons, shall be holden to pay their proportion 
of all Monies assessed for religious purposes, in the town 
to which he or she belonged, previous to his or her becom- 
ing a Member of said Universalist Society. 

Sect. 3d. And he it further enacted, that if any mem- Method of leav- 
bcr of the said Universalist Society, shall at any time ^^steeociey. 
within One year from the passing of this Act see cause to 
leave the same, and to unite in religious worshi}), with 
any other religious Society, in the town where such per- 
son doth dwell, and shall declare an intention to that 
effect in writing, signed and deposited with the Minister 



86 Acts, 1804.— Chapters 66, 67. 

or Clerk of the said Uiiiversalist Society, and also with 
the Clerk of the town in which such person may dwell, 
thirty days at least before the annual town meeting in 
March or April, and shall pay his or her proportion of 
all Money assesed on said Society previous therto, such 
person shall, from and after signing and declaring such 
intention in writing, with his or her polls and estate, be 
considered as belonging to the town or Parish in which 
he or she may reside. 
First meetiDg. ^^^^ ^ ^^ j^^^^ j^ U further eiiacted, that either the 

Justices of the Peace for the County of Cumberland, be 
and he is hereby authorised to issue a Warrant, directed 
to some member of the said Universalist Society, requir- 
ing him to notify and warn the members thereof, to meet 
at such convenient time and place, as shall be appointed 
in said warrant, to choose such officers, as Parishes are by 
law empowered to choose in the months of March or 
April annually. Aj)proved February 23, 1805. 

1804. — Chapter 66. 

[January Seeaion, ch. 20.] 

AN ACT TO EMPOWER THE SELECTMEN OF THE TOWN OF NEW- 
BURY PORT, TO INCREASE THE NUMBER OF ENGINE MEN IN 
SAID TOWN. 

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 Selectmen of the town of 
Newbury Port, be, and they hereby are authorized and 
empowerd, 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 Number of men now authorized by Law. 

Approved March 1, 1805. 

1804. — Chapter 67. 

[January SesBion, ch. 21.] 

AN ACT, IN ADDITION TO AN ACT ENTITLED, " AN ACT FOR THE 
RELIEF OF POOR PRISONERS WHO ARE COMMITTED ON EXE- 
CUTION FOR DEBT." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that whenever any person shall have been 
Convicted for any offence against Government and shall 



Acts, 1804. — Chapter 68. 87 

have suffered the penalties of the Law therefor, and can- 
not therefore be admitted as a witness in any civil or 
Criminal Action, and shall afterwards be committed for 
debt, and being poor & indigent shall be unable to pay 
prison Charges, the same person may be admitted to the 
Oath as prescribed by the Act to which this is an addition, 
he or she Conforming to all the requisitions which are 
made in said Act. Aj^jyroved March i, 1805. 



1804.— Chapter 68. 

[January Session, ch. 22.] 

AN ACT TO INCORPORATE CERTAIN PROPRIETORS OF MEADOW 
LANDS, LYING ON CHARLES RIVER, STOP RIVER & BOGGASTOW 
BROOK, WITHIN THE TOWNS OF MEDWAY, MEDFIELD & SHER- 
BURNE, FOR THE PURPOSE OF DRAINING OFF THE STAGNANT 
WATER, & FOR BETTER IMPROVING THE SAID LANDS. 

Sec. 1. JBe it enacted by the Senate <& House of Rep- 
resentatives, in General Court assembled, <& by the au- 
thority of the Same, That from and after the passing of Boundaries. 
this Act, all the proprietors of certain meadow-lands 
adjoining on Charles River, Stop River & Boggastow- 
Brook, and contiguous thereto, as hereafter described, 
viz. Beginning in Medfield on the easterly side of said 
Charles River, on a ditch the north Side of Meadow land 
belonging to Ephraim Wheelock, at the upper Meadow, 
so called, and on the Westerly side of said River in Med- 
way, at the most southerly part of the meadow land 
belonging to Horatio Adams, extending northerly on both 
sides of said Charles river till it comes to a place called 
the rock narrows, lying between the town of Sherburne 
& district of Dover, including said narrows, and any bars 
of sand, gravel, rocks or other obstructions in said River, 
as far down said river as to the mill dam belonging to 
William Bigelow inclusively, and extending up Bogga- 
stow-brook, on both sides of said Brook, as far as the 
south side of the meadow-land belonging to Benoni 
Morse in Medway, & extending up Stop River as far as 
the long Causey in Medfield, lying partly in the County 
of Middlesex, & partly in the County of Norfolk, be, and 
they hereby are incorporated into a body politic, by the 
name of The Proprietors of the Charles River, Stop corporate 
River, and Boggastow-Brook Meadows, for the purpose °""®' 
of draining off the Stagnant Water, and for better im- 
proving the said lands, and for removmg any bars oi 



88 Acts, 1804. — Chapter 68. 

sand, gravel, rocks or other obstructions aforesaid in said 
Charles River; — and by the name aforesaid, the said 
Proprietors may sue and be sued, and do and suffer what- 
ever other similar bodies politic may or ought to do and 
suffer. 
^roSors! S^<^- 2- ^nd be it farther enacted. That any Justice 

&c. ' of the Peace in the County of Norfolk, be, and he is 

hereby empowered 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 & place, as he shall think most convenient, 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 Medfield, Sherburne, & 
the East Parish in the town of Medway, seven days at 
least before the time for holding said Meeting ; & the said 
Proprietors, when legally assembled as aforesaid, shall 
have power to choose a Clerk, Committee or Committees, 
assessors, collector or collectors of taxes, and Treasurer, 
who shall be sworn to the fiiithful discharge of the trust 
reposed in them, and continue to serve until others are 
chosen and sworn in their places, which may be annually ; 
which Officers, chosen & sworn as aforesaid, shall have 
the same power to p«rform, execute and carry any Vote 
or Order of said Corporation into full effect, as town 
Officers of like description have by law ; and said Cor- 
poration shall, at their first meeting, agree and determine 
upon the method for calling future meetings ; and said 
Corporation shall, at their first meeting, or any other 
meeting legally called for that purpose, have power to 
vote and raise monies, for the purpose of removing the 
bars and shoal places in said river, or to increase the 
width of said rivers or brook, as the case may require, 
for the purpose of draining off the Stagnant Water from 
said meadows from time to time, as shall be found neces- 
sary for saving the grass growing thereon, and for paying 
all other expences that shall be found necessary for the 
better management thereof; and all monies raised as 
aforesaid, shall be assessed upon each proprietor, in the 
meadows aforesaid, in proportion to the number of Acres, 
or value thereof, he or she may own, in the meadow land, 
damaged as aforesaid ; and if any proprietor, shall refuse 
or neglect to pay, the sum or sums assessed upon him or 



Acts, 1804. — Chapter 69. 89 

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, with legal cost, in the same manner non- 
resident proprietors lands, in this Commonwealth, are 
sold to pay taxes. Approved March 1, 1805. 

1804. — Chapter 69. 

[January Session, ch. 23.] 

AN ACT TO AUTHORISE THE RAISING A FUND FOR THE SUP- 
PORT OF PUBLIC SCHOOLS IN THE TOWN OF WARREN IN 
THE COUNTY OF LINCOLN. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Thomas Starrett, John Libby, '^^''j^^^^^* "P" 
Alexander Lermond, John Creighton and Manasseh Smith 
Junr. be, and hereby are appointed Trustees to sell all 
the real Estate belonging to said town of Warren, which 
was originally appropriated for the use of Schools, and to 
put out at interest the money arising from such sale in 
manner herein after mentioned, and for that purpose. 

Sec. 2. Be it farther enacted. That the said Trustees corporate 
be and hereby are incorporated into a body politic by the 
name of The Trustees of the School funds in the town of 
Warren in the County of Lincoln ; and they and their 
successors shall be & continue a body politic and corporate 
by that name forever ; and they shall have a common Seal, 
subject to be altered at their pleasure, & 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. 

Sec. 3. Be it further enacted, That the said Trustees officers to 
and their Successors, shall and may annually, elect a 
President & Clerk to record the doings and transactions 
of the Trustees at their meeting, 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 their business. 

Sec. 4. Be it further enacted. That the number of Number of 

•^ , trustees. 

Trustees shall not be, at any one time, more than five, 
nor less than three ; any three of their number to constitute 
a quorum for transacting business, and they shall and 
may, from time to time, fill up vacancies in their number 
which may happen by death, resignation, or otherwise, 



90 



Acts, 1804. — Chapter 69. 



Trustees may 
be removed. 



First meeting. 



Real estate may 
be sold. 



Money to be 
put at interest. 



Interest to be 
put at Interest, 
&c. 



Fund to be 
finally applied 
to uupport 
of schools. 



from the inhabitants of said town ; and shall have power 
to remove any of their number who may become unfit or 
incapable 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 the business of said Corporation, which meet- 
ings, after the first, shall be called in such way & manner 
as the Trustees shall hereafter direct. 

Sec. 5. Be it further enacted^ That Colonel Thomas 
Starrett be and hereby is authorized to fix the time and 
place for holding the first meeting of the Trustees, and to 
notify each Trustee thereof. 

Sec. 6. Be it further enacted. That the said Trustees 
be and are hereby authorized and impowered to sell and 
convey, in fee simple, all the real estate belonging to said 
town as aforesaid, and to make, execute, and 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 eflfectual in Law to pass and convey the 
fee simple from said town to the purchaser to all intents 
and purposes whatever. 

Sec. 7. Be it further enacted. That the monies arising 
from the sale of said real estate 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. 8. Be it further enacted, Th&i 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 aforesaid, and also the interest accruing from 
the interest until a fund shall be accumulated on the sale 
of said real estate and the interest arising thereon, which 
shall yield yearly the sum of two hundred Dollars. 

Sec. 9. Be it further enacted. That as soon as an 
interest to that amount shall accrue the Trustees shall 
forthwith apply the same towards the annual support of 
Public Schools in said town, and it shall never be in the 
power of said town, or trustees to alter, or alienate the 
appropriation of the fund aforesaid. 



Acts, 1804. — Chapter 70. 91 

Sec. 10. Be it further enacted, That the Clerk of said f^l^^l^^ 
Corporation shall be sworn previous to his entering on treasurerto 
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 application 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 and misconduct of any kind in 
his Office. 

Sect. 11. Be it further enacted. That the Trustees or ^°^Pf°e'*g^'°" 
their Officers for the services they may perform, shall be 
entitled to no compensation out of any money arising from 
the fund aforesaid, but if entitled to any, shall have and 
receive the same of said town as may be mutually agreed 
upon . 

Sec. 12. Be it further enacted. That the said Trustees Annual state- 
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 Trustees re- 
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 in such suit 
to be for the uses aforesaid. Approved March 4, 1805. 

1804. — Chapter 70. 

[January Session, ch. 24.] 

AN ACT TO INCORPORATE A PART OF THE COUNTIES OF YORK 
& CUMBERLAND INTO A SEPERATE COUNTY BY THE NAME 
• OF OXFORD. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
axithority of the same. That the Counties of York and Boundaries. 
Cumberland shall be divided by a line Beginning at a 
place called the crooked ripples, on Androskoggin River, 
at the South east corner of the town of Turner ; from 
thence to run Westerly on the dividing line between the 
towns of Turner & Minot, to the most Northeasterly cor- 
ner of said town of Minot ; from thence Southwesterly on 
the line between the towns of Minot & Hebron, to the 
Southwesterly corner of said Hebron ; thence Northwest- 
erly, on the line between the towns of Hebron & Otistield, 
to the town of Norway ; thence westerly and northerly, 



92 



Acts, 1804. — Chapter 70. 



Oxford Co. 
incorporated. 



Terms of 
Courts, &c. 



on the line between the towns of Otisfield and Norway, 
to the Southeasterly corner of the town of Waterford ; 
thence westerly, on the line between said Waterford & 
Otisfield, to the Northeasterly corner of the town of 
Bridgetown, thence Avesterly, on the northerly line of 
said Bridgetown, to the northwest corner thereof; thence 
Southerly, on the westerly side line of said Bridgetown, 
to the Southwest corner thereof; thence westerly, on the 
North line of the town of Baldwin and Prescott's grant, 
to Saco Eiver ; thence down the middle of said Saco 
Eiver, to the mouth of the River called the Great Ossa- 
pee, thence westerly, by a line drawn on the middle of 
the River last mentioned, to the line of the State of New 
Hampshire. And the Counties of York and Cuml)erland 
aforesaid be, and the same are hereby declared to be 
bounded Northerly by the line aforesaid. 

Sec. 2, And be it further enacted, That all and every 
part and parcel of the late Counties of York and Cumber- 
land, situated on the northerly side of the line before de- 
scribed, and extending Northerly and Westerly, so as to 
comprehend all the Territory lying between the State of 
New Hampshire, and the County of Kennebeck, and on 
the northerly side of the dividing line aforesaid, except- 
ing the towns of Wilton, Temple, Avon, & Township No. 
3, on Sandy River, northerly of Avon, which towns shall 
be considered as belonging to the County of Kennebeck, 
shall be, and the same is hereby formed and erected into 
an entire and distinct County, l)y the name of Oxford, of 
which Paris shall l^e the Shire or County town : And the 
inhabitants of the said County of Oxford shall hold, pos- 
sess, use, exercise and enjoy all the powers, rights, and 
immunities, which, by the Constitution & Laws of this 
Commonwealth, the inhabitants of any County within the 
same do hold, possess, use, exercise, enjoy, and are en- 
titled to. 

Sec. 3. And he it further enacted. That there shall be 
held & kept within the said County of Oxford a Court of 
General Sessions of the Peace, and a Court of Common 
Pleas, to sit at Paris aforesaid, on the second Tuesday of 
June and October yearly, and in every year, until the 
General Court shall otherwise order : And the Justices 
of the said Court of General Sessions of the Peace, and 
Court of Common Pleas, who shall be thereunto lawfully 
commissioned, shall have, hold, use, exercise, and enjoy, 



Acts, 1804. — Chapter 70. 93 

all and singular the powers, which are by law given and 
granted to such Justices within any other County of this 
Commonwealth, where a Court of General Sessions of the 
Peace, and Court of Common Pleas are already estab- 
lished. And all appeals from any judgment or judgments 
given at any Courts of Common Pleas, within the said 
County of Oxford, shall be heard and tried at the Supreme 
Judicial Courts to be held at Portland, in the County of 
Cumberland. 

Sec. 4. Aiid be it furtJier enacted, That the methods county Treas- 
and proceedings, directed by Law, for choosing a County of Deeds, &c. 
Treasurer, and Register of Deeds, & the modes and 
forms of proceeding, known and practised in bringing 
forward and trying Actions, Causes, pleas, or suits, and 
of originating and conducting legal processes of every 
kind, whether Civil or Criminal, in the Judicial Courts, 
established in the several Counties in this Commonwealth, 
and for choosing persons to serve as Jurors at said Court, 
shall be observed and put in practice, used &, exercised 
wilhin the said County of Oxford. Provided however, 
that the County Treasurer, and Register of Deeds for the 
said County of Oxford, shall, for the first time. Originate 
in the same manner, as is prescribed by Law where vacan- 
cies happen by death or resignation. 

Sec. 5. Ayid be it further enacted. That deeds, con- Registering 
veyances & transfers of real estate of every kind, which ° ^^ ^' 
may happen or take place, prior to the appointment of a 
person for Register of deeds within and for said County 
of Oxford, and to his being qualified to discharge the 
duties of that Ofiice, may be recorded in the respective 
oflices of Registers of Deeds in and for the Counties of 
York and Cumberland, according to their late boundaries, 
and such Registering shall have the same eflect and opera- 
tion, as though recorded in the Registry of Deeds for the 
said County of Oxford. 

Sec. 6. And be it further enacted, That the several rpeJt\ng"county 
towns, districts, and plantations, within the said County g^gdug^*"^'* '^ 
of Oxford, shall pay to the Treasurer of the Counties of 
York and Cumberland in the same manner they have paid 
previous to the passing of this Act, their due proportion 
of all County taxes, that shall have been granted, prior to 
the day when this Act shall begin to operate, and the 
Courts of General Sessions of the Peace, in and for the 
Counties of York & Cumberland, shall have the same 



94 Acts, 1804. — Chapter 70. 

power and Authority to proceed with and assess upon all 
such towns, districts & plantations severally, their due 
proportion of all such taxes, which have been granted as 
aforesaid ; And the Assessors of all such towns districts, 
& plantations, and the inhabitants thereof severally, shall 
be governed by, and subject to the same Laws of this 
Commonwealth, and held bound and obliged to perform 
the same duties, and be under the same penalties, with 
respect to assessing & paying all such taxes : And the 
Treasurers of the said Counties of York & Cumberland 
shall be, and hereby are directed & empowered to pro- 
ceed in the same manner for the collection of such taxes, 
and shall have the same powers and authority to collect & 
levy the same by warrants of distress, in due form of 
Law, as if this Act had never passed. And all lawful 
precepts issued by the said Treasurers, for the said 
Counties of York and Cumberland, for the Collection or 
levying such taxes, directed to the proper OflScer within 
and for the County of Oxford, shall be duly obeyed by 
such Officer, under the same penalty, and such Officer 
shall be liable to be proceeded with, for any default 
therein, in the same manner, as in like cases, where a 
similar default happens in any County within this Com- 
monwealth, within and to which both said Treasurer and 
Officer belongs. And the said County of Oxford shall be 
held to pay their due and just proportion of all debts, 
that shall be due and owing from the said Counties of 
York and Cumberland on the day & time when this Act 
shall come into operation ; And after the payment of 
such debts, shall be entitled to their due proportion of 
all money and credits, which may belong to the present 
Counties of York and Cumberland on the first day of 
April next ; which settlement cS; adjustment of Accounts 
between the Counties aforesaid, shall be made & com- 
pleated within one year from the day of passing this Act. 
fpecthnTBuUs Sec. 7. And be it further enacted. That all actions & 
'^endui"'^^ civil suits, of every kind, pending in the Courts of Gen- 

eral Sessions of the Peace, and Courts of Common Pleas, 
which by law are to be holden at Portland, in & for the 
County of Cumberland, on the third Tuesday of June 
next ; or at York, in & for the County of York, in the 
month of 'April next, or which shall be commenced or 
brought forward to have day, in either of said Courts 
last mentioned before a Clerk shall be duly appointed & 



Acts, 1804. — Chapter 70. 95 

qualified as such for said Courts, in and for the said 
County of Oxford, in which real estate shall be sued for, 
that is situated in the County of Oxford, or the original 
Plaintifl' or Plaintifts, petitioner or petitioners, one or 
more of them, reside in the County of Oxford, or in 
which the original plaintiff or plaintiffs, petitioner or peti- 
tioners do not live or reside within the present Counties 
of York and Cumberland, and the adverse party do live 
or reside within the County of Oxford, and all indictments 
and Criminal prosecutions of every kind, for offences com- Provision 
mitted w'ithin the County of Oxford, together with all criminarprose- 
recognizances. Scire facias, and suits wherein the Com- '='^'i°°^- 
monwealth are a party, and the adverse party live or 
reside within the County of Oxford, shall be transferred 
and removed to be heard, tried, and have day, entered 
and proceeded upon, in the said Courts of General Ses- 
sions, and Courts of Common Pleas respectively, which 
shall next be holden within and for the County of Oxford ; 
and all papers and documents, belonging to such actions, 
suits, indictments, and Criminal prosecutions, filed in the 
ofiice of the Clerk of said Courts last mentioned, for the 
Counties of York and Cumberland, shall be by them 
delivered over to the Clerk of the same Courts for the 
County of Oxford. 

Sec. 8. And be it further enacted, that the towns & atorl'^an'd rep- 
plantations within the said County of Oxford, in the voting resentatives in 
for State Senators, and Federal Representatives, shall be 
considered as forming a part of their respective Districts, 
heretofore known by the names of York and Cumberland, 
any thing in this Act to the contrary notwithstanding; 
and that the Inhabitants thereof shall have and enjoy the 
same rights and privileges, with respect to the election 
of Senators, and Federal Representative as aforesaid, as 
if this Act had never passed, and all returns of votes for 
such Senators and Federal Representative, within the 
said County of Oxford, shall be made in the same manner, 
& under the same penalties, as is by law provided in other 
Counties within this Commonwealth. 

Approved March 4, 1805. 



96 Acts, 1804. — Chapters 71, 72. 



1804. — Chapter 71. 

[January Session, ch. 25.] 

AN ACT TO SET OFF WILLIAM WILLCOX WITH HIS FAMILY AND 
ESTATE FROM THE TOWN OF DARTMOUTH IN THE COUNTY 
OF BRISTOL, AND TO ANNEX THEM TO THE TOWN OF WEST- 
PORT. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That William Willcox with his family & estate, 
lying within the boundary line of the town of Westport, 
in the County of Bristol, and having been annexed to the 
town of Dartmouth, be and they are hereby set off from 
the town of Dartmouth and annexed to the said town of 
Westport. Provided nevertheless, that the said William 
Willcox shall be holden to pay all taxes assessed against 
him in the said town of Dartmouth, prior to the passing 
of this Act, in the same way and manner, he was before 
holden to pay the same, any thing in this Act to the con- 
trSiVY notwithstanding. Approved March 4, 1805. 



1804. — Chapter 73. 

[January Session, ch. 26.] 

AN ACT PROVIDING FOR THE REMOVAL OF A TOLL GATE NOW 
STANDING IN GREENWICH ON THE SIXTH MASSACHUSETTS 
TURNPIKE ROAD. 

Be it enacted, by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That the Court of Common Pleas in the coun- 
ties of Worcester and Hampshire, respectively, are hereby 
authorised at any Term thereof, at the request of said Turn- 
pike Corporation, to appoint a Committee to locate and 
place the said Gate in such place on the said Road as they 
under all circumstances shall judge reasonable, said Com- 
mittee to give public notice of the time and place of their 
meeting for the purpose aforesaid. — Provided neverthe- 
less, that nothing in this Act shall be construed to prevent 
the Legislature at any time hereafter to direct the removal 
of said Gate to any other place whenever they shall judge 
it for the public benefit. Approved March 4, 1805. 



Acts, 1804. — Chapters 73, 74. 97 



1804. — Chapter 73. 

[January Session, ch. 27.] 

AN ACT IN ADDITION TO AN ACT ENTITLED " AN ACT TO REG- 
ULATE THE PAVING OF STREETS IN THE TOWN OF BOSTON, 
AND FOR REMOVING OBSTRUCTIONS IN THE SAME." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That the Selectmen of the Town of Boston for 
the time being, whenever in their opinion, the safety or 
convenience of the inhabitants of said Town shall require 
it, shall be, and they hereby are impowered to lay out any 
new Street, or to widen any Street, lane or alley of said 
Town, and for that purpose to take any land that may be 
required for the same, and to remove any building or 
buildings of what nature so ever ; and the same Street, 
lane or alley being recorded in the Town's books shall be 
thereby established as such ; and the owner or owners of 
the land or buildings that shall be so taken or removed, 
shall receive such recompence for the damages which he 
or they may thereby sustain, as the party interested and 
the Selectmen shall agree upon, to be paid by the Town, 
or the individual person or persons for whose use such 
Street, lane or alley is laid out or widened, or as shall be 
ordered by the Justices of the Court of General Sessions 
of the Peace, upon an enquiry into the same by a Jury to 
be summoned for that purpose, who shall be drawn out 
of the Jury Box of the Supreme Judicial Court of the 
town of Boston by the Selectmen of said Town, upon the 
application of the Sheriff of the County of Suffolk, & if 
by accident or challenge there should happen not to be a 
full Jury, said Officer shall fill the pannel de talibus cir- 
cumstantibus, as in other cases ; or by a special Commit- 
tee if the parties agree thereunto. 

. Approved March 4, 1805. 

1804. — Chapter 74. 

[January Session, ch. 28.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWNS OF PARIS AND NORWAY AS A RELIGIOUS SO- 
CIETY, BY THE NAME OF THE FIRST INDEPENDENT UNIVER- 
SALIST SOCIETY IN PARIS AND NORWAY. 

Sect. 1. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that Samuel Ames, Levi Bartlett, Persons incor. 

J -> ^ y ' porated. 



98 



Acts, 1804. — Chapter 74. 



Corporate 
Dame. 



Method of leav- 
ing one society 
& joining 



First meeting. 



Josiah Bartlett, Anthony Bennett, Nathaniel Bennett, 
Josiah Bisco, Jonas Bisco, Peter Buck, James Buck, 
Jared M. Buck, Ebenezer Cobb, Elisha Cummings, Isaac 
Cummings, Noah Curtis Junr., Jacob Frost Junr., Joseph 
Gallison, Benjamin Herring, Benjamin Herring Junr., 
Levi Hubbard, John Knight, Daniel Knight, Dudley 
Pike, John Robinson, Joseph Rust, Henry Rust Junr., 
Samuel Smith, Daniel Staples, Elias Stowell, Daniel 
Stowell, William Stowell, Jacob Tubbs, Benjamin Tucker, 
Benjamin Witt and Charles Young, with their families and 
Estates, be and they are hereby incorporated into a Relig- 
ious Society, by the name of the First Independent Uni- 
versalist Society in Paris and Norway, with all the pow- 
ers, priviledges, and immunities to which other religious 
Societies are intitled, by the Constitution and Laws of 
this Commonwealth, for religious purposes only. Pj^o- 
vided however^ that all such persons shall be held to pay 
their proportion of all Monies assessed upon them for 
parochial purposes, in the towns to which they respectively 
belong, previous to the passing of this Act. 

Sect. 2. And he it further enacted, that any person 
belonging to the said towns of Paris and Norway, who 
may within one year from the passing of this Act, see 
cause to leave the society with which he or she has been 
connected, and shall desire to join with another religious 
Society in either of said towns, 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 Society, twenty days at 
least, previous to the annual Meeting of each of said 
Societies, and shall pay his or her proportion of all monies 
assessed in such society previous to his or her leaving the 
same, 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. 

Sect. 3d. And be it further enacted, that either of the 
Justices of the Peace, for the County of Cumberland be, 
and he is hereby empowered to issue a warrant, directed 
to some member of the said Universalist Society, requir- 
ing him to notify and warn the members thereof, in the 
said towns of Paris and Norway, to meet at such conven- 
ient time and place, as shall be appointed in 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 4, 1805. 



Acts, 1804. — Chapter 75. 99 



1804. — Chapter 75. 

[January Session, ch. 29.] 

AN ACT INCORPORATING CERTAIN PERSONS IN THE TOWNS OF 
LENOX, LEE, STOCKBRIDGE AND PITTSFIELD IN THE COUNTY 
OF BERKSHIRE, BY THE NAME OF THE PROTESTANT EPIS- 
COPAL SOCIETY OF LENOX. 

Sect. 1. Be it enacted by the 8enate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Azariah Eggieston, Samuel poJatrd.'"""'^" 
Quincy, Thaddeus Thompson, John Gregory, Edward 
Martindale, Samuel Dunbar, Elijah Treat, David Dunbar, 
Selah Cook, Stephen Root, James Smith, Henry Huxford 
junior, John Hill, John Tyler, David Smith, Titus Parker, 
John Willard, Amasa Glezen, Daniel Dunbar, Moses Hall, 
Samuel Wright, Eleazer Phelps, Samuel Collins, William 
Wells, Joseph Presby, Jonathan Thompson, and Moses 
Geer, of Lenox, Jesse Bradley, John Freese, Stephen 
Couch, Jared Bradley, Isaac Howk, John Howk, John 
Freese Junr. , George Bennet, Matthew Vandusen, Matthew 
Vandusen Junior, and Abraham Howk, of Lee ; Phineas 
Pease, John Cooper, Joseph Rich, Ozias Judd, Oliver 
Collins Junr., John Collins, and Daniel Folliot, of Stock- 
bridge ; and Tertullus Hubby and Henry Van Schaack, 
of Pittsfield, in the County of Berkshire, together with 
their families, polls & estates, and such persons as may 
within one Year from the passing of this Act, join them 
in the manner herein provided, be, and they hereby are 
incorporated into a religious society by the name of 
the Protestant Episcopal Society of Lenox, with all the corporate 
priviledges & immunities incident to other religious So- "^™^' 
cieties in this Commonwealth. 

Sect. 2d. Be it further enacted, That any person Method of join- 
residing in either of the said towns of Lenox, Lee, Stock- '°^ eeociey. 
bridge, or Pittsfield, being of the Episcopal denomina- 
tion, and who shall unite in Religious Worship with the 
said Society, and shall leave a Certificate, signed by the 
Minister, or Clerk thereof, with the Clerk of the Town to 
which he belongs, at any time within One Year from the 
passing of this Act, that he is regularly attendant upon 
public worship in the said Society ; and shall also lodge a 
notification in writing under his hand, in the ofiSce of the 
Clerk of the said Episcopal Society, signifying his having 



100 



Acts, 1804. — Chapter 76. 



Provision re- 
specting taxes, 
&c. 



First meeting. 



joined the same, such person shall from and after leaving 
such certificate, and lodging such notification as aforesaid, 
be considered, to all intents and purposes, together with 
his family, polls and estate, as l^elonging to the said 
Episcopal Society. Provided, hoioever, that such person 
shall be liable to pay his proportion of all assessments 
which may have been duly and legally made upon the 
town to which he belongs, prior to his joining the said 
Society. 

Sect. 3d. Be it further enacted. That the persons so 
constituting the said Episcopal Society, with their families 
& Estates, shall be wholly exempt from any and all assess- 
ments, other than those legally imposed by the said Soci- 
ety, except as before provided, for any religious purpose 
whatever ; that they shall be subject to the assessment 
and collection of all taxes legally granted and agreed upon 
by the said Society ; that it shall be lawful for the Assess- 
ors and Collectors of the said Society, for the time being, 
respectively, to assess and collect the same, that it shall 
be the duty of the said Collectors, or other warning Offi- 
cers of the said Society to warn the said persons, to attend 
all Society meetings ; and that the said persons shall enjoy 
all the priviledges and immunities, and be subject to all 
the duties and restrictions incident to other religious So- 
cieties in this Commonwealth. 

Sect. 4. Be it further enacted. That Azariah Eggle- 
ston Esqr. be, and he hereby is authorized and empowered 
to issue his warrant, directed to some suitable member of 
the said Society, requiring him to warn all the members 
thereof to meet at some suitable place, some time in the' 
Month of March or April next, to be therein expressed, 
to choose all Such Society Officers as parishes are allowed 
annually to choose. Approved March 4, 1805. 



Preamble. 



1804. — Chapter 76. 

[January Session, ch. 30.] 

AN ACT TO ESTABLISH THE DORCHESTER TURNPIKE CORPORA- 
TION. 

Wliereas a Turnpike road from Milton Bridge, through 
Dorchester to Nook point (so called) in Boston, will mate- 
rially shorten the distance in travelling from the Southerly 
part of this Commonwealth to the Metropolis, and tvill be 
of great public convenience, and utility, and Paid Lambert, 



porated. 



Acts, 1804. — Chapter 76. 101 

Samuel Oahot and others^ having petitioned this Court for 
an Act of Incorporation to impower them to lay out and 
make said road. 

Sect. 1st. Be it therefore enacted by the Senate and 
House of Representatives in General Court Assembled, and 
bif the authority of the same that Paul Lambert, Samuel Persons incor. 
Cabot, John Swift, and Stephen Badlam, while they re- 
main proprietors, and all such as are, or may hereafter 
become proprietors, and their associates, and successors 
be, and they hereby are constituted a Corporation by 
the name of the Dorchester Turnpike Corporation, and by corporate 
that name to sue and be sued, to final Judgment and exe- '"'™^' 
cution ; and do, and suffer all other Acts and things, which 
bodies politic, may or ought to do and suffer. And said 
Corporation shall have full power and authority to make 
and use a common seal, and the same to break alter and 
renew at pleasure, and also to choose a Clerk who shall 
be under Oath for the faithfull discharge of his duty, and 
such other Officers as they may think necessary for the 
Government of said Corporation : And also to agree upon 
the Method of calling future meetings, and to establish 
such Rules and Regulations, for the well ordering the 
affairs of said Corporation as they may find expedient, 
provided the same are not repugnant to the Constitution 
and Laws of this Commonwealth, with full power also to 
lay out, make and keep in repair, said Turnpike road, 
from the Bridge (over Neponsit River) commonly called 
Milton Bridge in the County of Norfolk to Nook point 
(so called) in Boston in the County of Suffolk, the East- 
erly side of which road shall begin near the Westerly course of the 
Corner of the House of John Preston in said Dorchester, 
and run North about Seventeen and one half degrees East, 
to the West Corner of the Brick house of Samuel Clap 
Junior by the lower Road (so called) and continuing the 
same course by or near a place called Glover's Wharfe, 
untill it intersects the line next mentioned ; which shall 
begin at the easterly side of Dorchester Street (so called) 
which is laid out and established by the Selectmen of Bos- 
ton within said town, and run South, about seven degrees 
west to a stake, five rods east of Jonathan Davis' stable 
which is near his new House, and continuing the same 
course untill it intersects the line first mentioned ; which 
road shall be sixty feet wide westerly of said lines and 
the travelling path not less than twenty eight feet wide. 



102 



Acts, 1804:. — Chapter 76. 



Gate to be 
erected. 



Rates of toll. 



Toll may be 
commuted. 



Exemptions. 



Committee to 
lay out road. 



And the said Corporation shall have power to extend 
the width over the marshes, two rods in addition to said 
road, for the purpose of making Canals, where the same 
may be necessary. And when said Turnpike road shall 
be accepted and approved and Certified by the Court of 
General Sessions of the Peace, in and for the County of 
Norfolk, or by a Committee of three persons, appointed 
by said Court to be sufficiently made, the said Corporation 
shall be authoris'd to erect a Turnpike Gate on said Eoad, 
in said Dorchester in the most convenient place, and shall 
be entitled to demand, and receive from passengers the fol- 
lowing Kates of Toll, Vizt. For each Coach or other rid- 
ing Carriage with four wheels sixteen Cents. For each 
Chaise, Chair, or Sulkey drawn by one Beast, eight Cents. 
For each Cart, waggon, sled or sleigh drawn by more 
than one Beast eight Cents. For each Cart, Waggon, 
Sled or Sleigh drawn by one Beast Six Cents. For each 
person and Horse four Cents. For each Horse or Ox, or 
other large Beast exclusive of those in Teams or Carriages 
One Cent. For 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 the Inhabitants of any Town, by taking of 
them a certain sura, monthly, or annually, to be mutually 
agreed upon, in lieu of the toll aforesaid. Or the said 
Corporation may if they find it expedient, erect two toll 
Gates in the most convenient places, on said Turnpike 
road, and take half of the aforesaid rates of toll at each 
Gate. Provided that no turnpike Gate shall be hereafter 
erected on the present travelled road, And provided also 
that no toll shall be taken of any person passing said 
Road, when on Military Duty, nor for any Beasts, Carts, 
Carriages, or Baggage employed on such duty, nor of any 
person belonging to said town of Dorchester unless they 
pass oht of the same, or are returning, after having been 
to some other Town. Provided also that not more than 
half the rate of toll beforementioned, shall be paid for any 
Cart or Waggon the felloes of the wheels of which shall 
not be less than Six Inches Broad. And the said Corpo- 
ration shall, at the places where the toll may be collected, 
erect, and keep constantly in Public View a Sign, or 
Board with the rates of toll, of all the tollable articles, 
fairly written in large or Capital Characters. 

Sect. 2d. And he it further enacted, that the said 
Corporation may purchase and hold Real Estate, adjacent 



Acts, 1804. — Chapter 76. 103 

to, and for the accommodation of said Road, to the 
amount of fifteen thousand Dollars. And the Justices of 
the Court of General Sessions of the peace in and for the 
County of Norfolk, at any term of said Court, are hereby 
authorised on application of said Corporation, to appoint 
a Committee of three disinterested Freeholders, within 
the same County, to lay out said Road, and the Canals, 
in the courses and directions aforesaid and estimate the 
damages, who may alter the same, or any part thereof, 
with the consent of said Corporation, if they find it ex- 
pedient, making the same, as near on a streight line as 
circumstances will permit. And the said Corporation shall ^e^f^^tJie'^for *° 
have power to take such lands as shall be necessary to damages where 
make said Turnpike road, and shall be liable to pay all without agree- 
damages which may arise to any person by taking his or "*°'' 
her land for said road (when the same cannot be obtain'd 
by voluntary agreement,) to be estimated by said Com- 
mittee to be appointed by the Court of General Sessions 
of the peace, as aforesaid. And no lands shall be taken, 
untill the damages for the same, shall be duly estimated 
by said Committee, or agreed to by the parties, saving to 
either party, the right of trial by Jury, or by a new Com- 
mittee (if the parties consent thereto) according to the 
Law which makes provision for the recovery of damages 
arising from laying out highways. 

Sect. 3d. And be it further enacted, that if said Cor- ^®°^"y ^ggjjf ' 
poration, their tollgetherer, or others in the employ of gers or exacting 
said Corporation shall unreasonably delay, or hinder any '"^^"'^° • 
passenger, or traveller at said gate, or gates, or shall 
demand, or receive more toll than is by this act estab- 
lished, the Corporation shall forfeit and pay a Sum not 
exceeding ten dollars, nor less than one dollar, to be re- 
covered before any Justice of the peace in the County of 
Norfolk, by any person injured, delay'd or defrauded ; in 
a special action on the Case, the writ in which case, shall 
be served on said Corporation by leaving a Copy of the 
same with their Treasurer, or with some individual mem- 
ber of the Corporation living within the County aforesaid, 
or by reading the Contents thereof to the said Treasurer, 
or individual member aforesaid, who shall be allowed to 
defend the same suit in behalf of said Corporation, 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 may arise 
from defect of Bridges, or want of repairs within the 



104 



Acts, 1804. — Chapter 76. 



Penalty for in- 
juring the road 
or gates. 



Penalty for 
evading toll. 



Shares to be 
considered per- 
sonal estate. 



Shares may be 
sold on execu- 
tion. 



First meeting. 



same road, and shall also be liable to a fine on present- 
ment of the Grand Jury, for not keeping the same, or the 
Bridges thereon in good repair. 

Sect. 4. And be it /mother 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 man- 
ner, damage the same or attempt to pass by force, with- 
out first paying the legal toll at said Gate, or Gates, 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 Corporation, to their use, in an action of 
trespass. And if any person, liable to pay toll, shall 
turn out of said road, with his team, cattle, Carriage, or 
horse to pass the said Turnpike gate, on a road, lane or 
ground adjacent thereto, and again enter on said Turn- 
pike road, or keep out of the same, with intent to avoid 
the toll due by virtue of this Act, such person shall for- 
feit and pay one dollar, to be recovered by the Treasurer 
of the said Corporation, to the use thereof on an action 
of debt, reserving to all persons, a right to travel on the 
public, or town roads already laid out, in the same man- 
ner as if the said turnpike road had not been made. 

Sect. 5. And be it further' enacted, that the shares of 
the individuals in the said Turnpike road, shall be taken, 
deem'd and considered to be personal estate to all intents 
and purposes, & shall and may be transferable by deed 
acknowledged before any Justice of the peace, and re- 
corded 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 ex- 
ecution, an attested Copy of such writ of attachment, or 
execution shall be left with the Clerk of the said Corpo- 
ration, 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. And the 
Officer 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 pay for recording thereof 
shall be a sufficient transfer of the same. 

Sect. 6. And be it further enacted that a meeting of 
the said Corporation shall be held at Oliver Wymans, 



Acts, 1804. — Chapter 76. 105 

Bunch of Grapes Tavern, Boston, on the second Monday 
of 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) provided, however that no person shall 
have more than ten Votes. And all representations at 
any meeting shall be proved in writing, signed by the 
person making the same, which shall be fil'd with and re- 
corded by the Clerk; And this Act, and all rules, regula- 
tions & 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 for that purpose. 

Sect. 7. And he it further enacted, that said Corpo- Account of coat 
ration within six months after the said Road is completed, annual state- 
shall lodge in the Secretarys Office an Account of the ll^adL!*"^*" 
expences thereof; and shall annually exhibit to the Gov- 
ernor and Council, a true Account of Dividends, or in- 
come arrising from the said toll, with their necessary 
annual disbursments 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 Gen- 
eral Court, or to the Inspection of the Governor and 
Council when called for. 

Sect. 8. And he it further enacted, that whenever shares of 

. . 1 11 1 i /• i J. delinquents 

any proprietor shall neglect or refuse to pay any tax or may be sold, 
assessment duly Voted and 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 Auction, the 
Share, or Shares of such delinquent proprietor, one or 
more, as may be sufficient to defray said taxes and neces- 
sary incidental charges, after duly notifying in some 
paper printed in Boston, the sum due on any shares, and 
the 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 thus 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 Book of the 
said Corporation, and such persons shall be considered to 
all intents and purposes, the proprietor thereof; and the 
overplus (if any there be,) shall be paid on demand by 



106 



Acts, 1804. -— Chapter 77. 



Corporation 
may be dis- 
solved when 
indemnified 
with interest. 



Corporation 
allowed to 
grant monies, 
&c. 



the Treasurer, to the person whose shares were thus 
sold. 

Sect. 9. And be it further enacted, that the General 
Court may dissolve the said Corporation whenever it shall 
appear to their satisfaction that the income arising from 
said toll shall have fully compensated the said Corpora- 
tion 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 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 three Years, from the passing of this Act, the 
same shall become void and of no eifect. 

Sect. 10. And he 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 this Act of incorporation, or to such persons 
as have advanced Monies to pay any expences which may 
have already accrued. And shall also have full power 
and authority to make, and from time to time repair Dor- 
chester street (so called) within the town of Boston, 
laid out by the Selectmen of said town, by consent of 
said Selectmen first had and obtain'd and under their 
direction to accomodate the travel, to and from said 
Turnpike road, in such manner as they may find neces- 
sary. And also to repair the old road as the same is now 
laid out, from John Prestons aforesaid to said Milton 
Bridge ; with the consent and under the direction of the 
Selectmen of Dorchester. Approved March 4, 1805. 



1804. — Chapter 77. 

[January Session, ch. 31.] 

AN ACT TO AUTHORISE THE CAMBRIDGE AND CONCORD TURN- 
PIKE CORPORATION TO MAKE A ROAD FROM THE TER- 
MINATION OF THEIR TURNPIKE TO THE CAUSWAY OF 
WEST BOSTON BRIDGE. 

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

Representatives in General Court assembled and by the 

Course oinevi authority of the same. That the Cambridge & Concord 

Turnpike Corporation, be and hereby is authorised to 



Acts, 1804. — Chapter 77. 107 

make a road from the present termination of the Cam- 
bridge and Concord Turnpike road, near to the House of 
Jonas Wyeth in Cambridge to the Cans way of West 
Boston bridge, near the House of Royal Makepeace, as 
nearly in a Straight line from such part of Cambridge 
Common, not approaching nearer than ninety feet to any 
part of a new building lately erected by the Corporation 
of Harvard College without the consent of that Corpora- 
tion, proceeding in a line not nearer than a line parallel 
to the north end of said new building, at the said dis- 
tance, until it meets the East line of the College land, as 
a Committee appointed by the Governor and Council, 
shall with due regard to public and private accommoda- 
tion direct ; and which said Committee is hereby author- committee to 
ised and directed to locate the same road accordingly : 
which road shall not be less than three rods wide in that 
part thereof, which is westerly of Cambridge Common, 
nor less than four rods wide, in that part which is East- 
erly of the said Common, and the part to be travelled on, 
not less than forty feet in any place. Provided neverthe- 
less^ that the proprietors of the Marshes near West Boston 
bridge, over which the same road may be made, shall 
have the right to make a Canal or Dock Crossing the said 
road in any part of said Marshes, they making a suitable 
bridge over the same. 

Sec. 2. Be it further enacted^ That the said Corpora- corporation to 
tion may purchase and hold land over which they may dam'ages wi^iere 
make said road. And the said Corporation, shall be ^uhouta^g^ree- 
liable to pay all damages which shall arise to any person, '"«"^- 
by taking his or her 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 the County of Middlesex ; saving to 
either party the right of trial by Jury, according to the 
Law which provides for the recovery of damages, arising 
from the laying out of highways. Provided however, that 
no gate shall be erected on said road : and Provided also, 
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 effect. 

Approved March 8, 1805. 



108 



Acts, 1804. — Chapters 78, 79. 



Bank not to 
issue bills for 
luore than twice 
aniouQt of 
capital. 



Directors. 



1804. — Chapter 78. 

[January Session, ch. 32.] 

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

Sec 1. Be it enacted, by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same. That so much of the third section 
of an Act, passed the twenty third day of June, in tlie 
year of Our Lord one thousand eight hundred & two, 
entitled, " An Act to incorporate sundry persons, by the 
name of Tlie President, Directors, and Company of the 
Maine Bank," as enacts and provides, " that the said Cor- 
poration sliall not owe at any one time, more than twice 
the amount of gold and Silver, actually in their vaults," 
be and the same is hereby repealed : and hereafter the 
said Corporation shall not issue and have in circulation, 
at any one time, bills, notes, or obligations, to a greater 
amount, then twice the capital stock actually paid in. 

Sec. 2. And be it further enacted. That instead of 
Six, not less than five Directors of the aforesaid Corpo- 
ration shall constitute a Board for the transaction of busi- 
ness, of whom the President shall always be one, except 
in case of sickness or necessary absence, in which case 
the Directors present may choose a chairman in his stead. 

Approved March 8, 1805. 



Preamble. 



1804. — Chapter 79. 

[January Session, ch. 33.] 

AN ACT MAKING A TEMPORARY ALTERATION IN THE TOLL 
TO BE RECEIVED BY "THE PROPRIETORS OF THE LOCKS 
AND CANALS ON CONNECTICUT RIVER." 

Whereas in and by the Act whereby the said proprietors 
were incorporated, there was granted to said projorietors, 
for the purpose of reimbursing to them their expences in 
the works then to be made arid suppor'ted, a toll according 
to the following rates to wit, for every ton iveight, trans- 
ported in boats or other vessels th7'ough the Lochs, & 
Canals, between the mouth of Chickapee river in Spring- 
field, and the mouth of stoney Brook in South Hadley 
the sum of four shillings and sixpence; for every thou- 



Acts, 1804. — Chatter 80. 109 

sand feet of boards ^ passing through the same locks and 
Canals, the sum of four shillings and sixpence; for planh 
and square limber, in proportion to the rate last men- 
tioned, and for all other Lumber floated on rafts or others- 
wise through the same Locks and Canals in the sa,me 
proportion; and every boat or other vessel passing through 
the same locks arid Canals, at the rate of one shilling for 
every ton burthen, it is Capable of Conveying whether the 
same is loaded or not, and ivhereas it appears that the said 
rate of toll is at present incompetent to the purpose for 
which it was gr^anted, therefore 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That for the term of seven years from and after 'r«™P°';''T *°" 
the passing of this Act, the said proprietors, in lieu oi 
the toll aforesaid, be and hereby are authorised to demand 
and recieve a toll according to the rates following, to wit, 
for every ton weight, transported in boats or other Ves- 
sels, through said 'Locks and Canals, the sum of Ninety 
Cents ; for every thousand feet of boards, the sum of 
Ninety Cents ; for plank and square Timber, in propor- 
tion to the rate last mentioned, and for all other Lumber 
floated on rafts or otherwise through the same Locks and 
Canals, in the same proportion, and for every boat or 
other Vessel passing through the same Locks and Canals 
at the rate of seventeen Cents for every ton burthen, it 
is Capable of conveying, whether it is loaded or not. 

Approved March 8, 1805. 



1804. — Chapter 80. 

[January Session, ch. 34.] 

AN ACT TO INCORPORATE THE NORTHWESTERLY PART OF 
THE TOWN OF OTISFIELD, AND THE EASTERLY PART OF 
THE TOWN OF BRIDGTON IN THE COUNTY OF CUMBER- 
LAND INTO A SEPERATE TOWN BY THE NAME OF HAR- 
RISON. 

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 tract of Land described ^^"jl^ '°''°''" 
within the following bounds, vizt. Beginning at a White 
pine tree, marked and standing in the Northwesterly cor- 
ner of said Otisfield, from thence running north Sixty 
five degrees east One thousand two hundred and Ninety 



110 



Acts, 1804. — Chapter 80. 



Provision re- 
specting debts 
and property. 



Provision re- 
specting taxes. 



First meeting. 



six rods to the North east corner thereof, from thence 
South twenty five degrees east four hundred and fifty six 
rods, to a Stake and Stones, from thence North Sixty five 
degrees east about fifteen rods to crooked River, from 
thence Southerly down the middle of said Eiver until a 
line drawn South sixty five degrees west from the middle 
of said River will strike the Southeasterly corner of the 
town of Bridgton, thence from said corner South Sixty 
five degrees west Six hundred and eighty rods to the 
easterly side of long Pond, from thence Northerly by 
the easterly shore of said Pond to a Pitch Pine tree 
standing in the Northwest corner of James Sampson's lot, 
from thence North Sixty five degrees east one hundred and 
forty rods to the line between Bridgton and Otisfield, 
from thence North twenty five degrees west Five hundred 
and thirty rods to the place of beginning, with the inhab- 
itants thereon, be, and they are hereby incorporated into 
a Town by the name of Harrison. 

Sec. 2. And be it further enacted, That the said town 
of Harrison shall pay all arrears of Taxes, which have 
been assessed upon them, together with their proportion 
of all debts which may be due and owing by either of 
said towns of Otisfield and Bridgton, prior to the date of 
this Act ; And that all property, rights & Credits of said 
Towns of Otisfield and Bridgton, shall be received and 
enjoyed by the said town of Harrison according to their 
proportion of the Taxes of said towns of Otisfield and 
Bridgton, as assessed in the last Tax Bills. 

Sec. 3. And be it further enacted, That of all State and 
County taxes, which shall be levied and required of said 
towns of Otisfield and Bridgton, previous to a new Valua- 
tion, the said town of Harrison, shall pay twenty Cents 
on the One thousand dollars ; thirteen Cents, whereof shall 
be deducted from the sum now Charged to the town of 
Otisfield ; and the remaining Seven Cents shall be de- 
ducted from the Sum now charged to the town of 
Bridgton. 

Sec. 4. And be it further enacted, That Enoch Per- 
ley Esqr., be, and he hereby is authorised to issue his 
warrant, directed to some suitable inhabitant of said town 
of Harrison, requiring him to notify and warn the Inhab- 
itants of said Town, who are qualified by law 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 



Acts, 1804. — Chapter 81. Ill 

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 March S, 1805. 

1804. — Chapter 81. 

[January Session, ch, 35.] 

AN ACT TO PROVIDE FOR THE PROOF OF FIRE ARMS MANU- 
FACTURED WITHIN THIS COMMONWEALTH. 

W7iereas no provision hath been made hy law for the Preamble. 
proof of Fire Arms manufactured in this Commonivealth 
hy which it is apprehended that many may be introduced 
into use which are unsafe and thereby the lives of the Cit- 
izens be exposed^ to prevent which 

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 Governor by and with Provers of fire- 
the advice and consent of the Council be and he hereby pokned.*"^ ''^' 
is empowered to appoint in any part of this Common- 
wealth where the Manufacture of fire Arms is carried on, 
suitable persons to be provers of fire arms not exceeding 
two in any County who shall be sworn to the faithful dis- 
charge of their trast, whose duty it shall be to prove all 
Musket Barrels and Pistol barrels which being sufficiently 
ground bored and breeched shall be ofiered to him to be 
proved — who shall prove the Musket barrels twice in 
manner following vizt. first with a charge consisting of Method of 
one eighteenth part of a pound of Powder, one ounce of 
which in a five & an half inch Howitz at an elevation 
of forty five degrees will carry a twenty four pound shot, 
eighty Yards — with a ball suited to the bore of the bar- 
rel — the second proof to be with a charge consisting of 
one twenty second part of the same powder with a ball 
suited to the bore of the barrel, and shall prove the pistol 
barrels once with a charge consisting of one twenty sec- 
ond part of a pound of Powder, one ounc of which in a 
five and half inch Howitz at an elevation of forty five 
degrees, will carry a twenty four pound shot seventy 
Yards, with a ball suited to the bore of the barrel — 
which said powder and ball it shall be the duty of the 
prover to provide — And if the said musket and pistol Proof marks 
barrels shall stand the proof aforesaid and shall in no re- 
spect fail, then it shall be the duty of the said prover to 



112 



Acts, 1804. — Chapter 81. 



Fees. 



Penalty for 
not having 
arms proved. 



Penalty for 
Belling or buy- 
ing arras not 
proved. 



Penalty for 
forging stamp. 



stamp the same on the upper side and within one and an 
half inches of the breech of said barrels with a stamp 
consisting of the initial letters of the provers name & 
over those letters the letter P. also in the line of the said 
initial letters and further up said barrel the figures desig- 
nating the Year of our Lord in which the proof is made 
and over the said figures the letter M. which said letters 
and figures shall be so deeply impressed on said barrel 
as that the same cannot be erased or disfiguered and shall 

P M 

be in the form following AB 1805 and when any barrels 
shall bur.st or shall in any manner fail in the proving as 
aforesaid so that in the opinion of the prover they are 
unfit for use they shall not be stamped but the said prover 
shall suflfer the owner to take them away — & any prover 
so proving musket or pistol barrels as aforesaid shall be 
entitled to recieve from the owner for each musket barrel 
thirty three Cents, and for each pistol barrel twenty five 
Cents, whether the same stand proof and are Stamped or 
not. 

Sec. 2d. And be it further enacted, that if any per- 
son after the first day of June next shall manufacture 
within this Commonwealth any musket or pistol without 
having the barrels proved and stamped as aforesaid, ex- 
cept such as are or may be Manufactured in the Armory 
of the United States, or in fulfilment of some contract 
made and entered into or that may hereafter be made and 
entered into for the Manufacturing of fire arms for the 
United States, shall forfiet and pay for every such Musket 
or pistol the sum of ten dollars to be recovered in an ac- 
tion of Debt before any Court proper to try the same by 
any person who shall sue for and recover the same to his 
own use. 

Sec. 3d. And be it farther enacted that if any person 
after the said first day of June next, shall sell and deliver 
or shall knowingly purchase any Musket or Pistol which 
shall have been manufactured within this Commonwealth 
after the said first day of June next, which shall not have 
the marks of proof above required the person so selling 
and the person so purchasing, shall each forfiet the sum of 
Ten Dollars, to be recovered by action of debt before any 
Court proper to try the same to the use of any person 
who shall sue for and recover the same. 

Sec. 4th. And be it further enacted, that if any per- 
son, shall falsely forge or alter the stamp of any prover 



Acts, 1804. — Chapter 82. 113 

of Fire arms, so appointed as aforesaid impressed on any 
musket or Pistol Barrel pursuant to this Act, and be 
convicted thereof before the Supreme Judicial Court he 
shall be punished by fine not exceeding Fifty Dollars nor 
less than twenty dollars, according to the nature and ag- 
ravation of the offence. Ajoproved March 8, 1805. 

1804. — Chapter 83. 

[January Session, ch. 36.] 

AN ACT TO INCOEPORATE A NUMBER OF THE INHABITANTS 
IN THE TOWN OF LIMINGTON, IN THE COUNTY OF YORK, 
INTO A SEPERATE RELIGIOUS SOCIETY, BY THE NAME OF 
THE FIRST BAPTIST SOCIETY IN LIMINGTON. 

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 Ebenezer Clarke, James Marrs, Persons incor- 
Solomon Stone, William Chick, Barzillai Small, Nathan- p"*^*'®^* 
iel Clark, Paul Gray, James Sawyer, John Gray, Eben- 
ezer Sawyer, Jeremiah Small, Lemuel Sawj^er, Peter 
Chick, James Small, Daniel Rounds, Amos Chase, Rob- 
ert Hooper, David Nason, Jonathan Nason, Daniel Small, 
Frethe Spencer, John Lord, John Sutton, Stephen Web- 
ber, George Stone, James Lord, John Andrews, John 
Finnix, Enoch Nason, Nathaniel Adams, Benjamin Nor- 
ton, Edward Norton, John Greenlaw, Amos Thompson, 
Joseph Sawyer, William Sawyer, Ebenezer Walker, Wil- 
liam Wentworth, Hurd Hubbard, James Heard, Joshua 
Durgon, Levi Cole, William Manning, George Finnix, 
Isaac Small, Ezekiel Small, Jacob Small, Josiah Chase, 
Thomas Spencer, Abraham Parker, Amos Chase Junior, 
Nathan Chick, and Jonathan Nason Junior, members of 
said Religious Society, with their polls and estates, be, 
and they are hereby incorporated by the name of the corporate 
First Baptist Society in Limington, with all the privi- °'*'"®' 
ledges and immunities which parishes or Religious So- 
cieties in this Commonwealth are by Law intitled to, 
provided however, that all such persons, .shall be holden 
to pay their proportion of all Monies assessed in said 
town of Limington for Parochial purposes, previous to 
the passing of this Act. 

Sec. 2d. And be it further enacted, that any person Method of join. 
in said town of Limington who may at any time within '°g t^e society. 
one year from the passing of this Act, actually become a 
Member of, and unite in religious worship with the said 



114 Acts, 1804.— Chapter 82. 

first Baptist Society, and give in his or her name to the 
Clerk of the said town of Liraington with a certificate 
signed by the Minister, or Clerk of the said first Baptist 
Society, that he or she hath actually become a member 
of, and united in religious Worship with the said first 
Baptist Society, fourteen days previous to the town or 
Parish Meeting to be holden in the months of March or 
April ; shall, from and after giving such Certificate, be 
considered, with his or her polls and estates, as belonging 
to said first 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 be- 
longed previous to that time. 

i^**the^Bociir" ^^^* ^^' -^f^d be it further enacted, that if any member 
of said first Baptist Society shall within one year from the 
passing of this act, see cause or be inclined to leave said 
society, and join in Religious worship with any other Re- 
ligious Society in the town or Parish in which he or she 
may live, and shall give in his or her name to the Clerk 
of the first Baptist Society aforesaid, signed by the Min- 
ister or Clerk of the parish or other Incorporated So- 
ciety, with which he or she may unite, that he, or she 
hath actually become a member of, and united in relig- 
ious worship with such other parish, or other incorporate 
Religious Society, fourteen days previous to their Annual 
Meeting in March or April, and shall pay his or her pro- 
portion of all monies voted in said Society to be raised 
previous thereto, shall, from and after giving such certifi- 
cate, with his or her polls and estate be considered as a 
member of the Society to which he or she may unite. 

First meeting. Sec. 4. And be it further enacted, that any Justice of 
the peace in the County of York, be, and he is hereby 
authorized to issue his Warrant, directed to some suitable 
member of said Society, requesting him to warn the mem- 
bers of said Society, qualified to Vote in parish affairs to 
assemble at some suitable time and place in said town of 
Limington, 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, 1805. 



Acts, 1804. — Chapter 83. 115 



1804. — Chapter 83. 

[January Session, ch. 37. J 

AN ACT DIRECTING THE MODE OF ATTACHING ON MESNE 
PROCESS, AND SELLING BY EXECUTION, SHARES OF DEBT- 
ORS IN INCORPORATED COMPANIES. 

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 Share or Shares or inter- corporation 
est of any person in any Turnpike, Bridge, Canal, or ittach^don 
other Company, which heretofore has been or hereafter ^ken^C'^xIcu- 
may be incorporated by the Legislature of this Common- "°°' """^ ^°^^- 
wealth, with all the rights and privileges appertaining to 
such Shares, may be attached on Mesne process and taken 
on Execution ; and when any such Shares or interest shall 
be attached on Mesne process, or taken on execution 
with out such previous Attachment, an Attested Copy or 
Copies, of such writ of attachment or execution, shall, 
by the Officer holding the same, be left with the Clerk & 
Treasurer or Cashier of such Company ; & so many of 
said Shares or so much of said interest may be sold on 
said execution, at public Vendue, to the highest bidder, 
as shall be sufficient to satisfy the same, and the charges 
of the sale, after notice shall have been given of the time 
and place of sale in manner as herein after provided ; and 
in case the Officer making the sale, or the purchaser or 
purchasers of any such shares or interest, do cause an at- 
tested Copy or Copies of such Execution, & the Officer's 
return thereon, to be left with such Clerk & Treasurer or 
Cashier, within fourteen days after the sale is compleated, 
and pay for the recording of the same, such purchaser or 
purchasers shall be thereby entitled to such shares and in- 
terest with all the privileges appertaining thereto, and 
the income and dividends which may have accrued or 
been made on the same subsequent to the attachment 
thereof on Mesne process ; and it shall be the duty of 
the proper Officer or Officers of such Corporation to 
issue to the purchaser or purchasers, under such execu- 
tion, such Certificates, as, by the by-laws and regulations 
of such Corporation, are the evidences of the Shares or 
interest of a Proprietor in such Corporation. 

Sec. 2. Be it further enacted. That an attachment of ^"*''^^f.«,^«''«" 

101 • 1111111 to be iield till 

such Snares or interest on mesne process shall hold the so days after 

^ judgment. 



116 Acts, 1804. — Chaptee S^, 

same, and also all dividends growing due after such at- 
tachment, to respond the final Judgment which may be 
rendered thereon, until the expiration of thirty days after 
the rendition of such Judgment ; and in case the same are 
not, within that time, taken by execution on such Judg- 
ment, the shares, interests, or dividends so attached as 
aforesaid, shall no longer be holden thereby ; and an 
attested Copy or Copies of the execution, left with the 
Clerk and Treasurer, or Cashier of the Corporation, and 
an Advertizement of the time and place of Sale, being 
once published within said thirty days, shall be deemed a 
taking such shares or interests in execution, pursuant to 
the attachment on the original Writ. 
NoUces of Bales Sec. 3. Be it further enacted. That in making Sale 

of Buares. c ^ 

of any such shares or interest, the Officer holding the ex- 
ecution shall give notice in writing of the time and place 
of Sale to the Judgment Debtor, by leaving the same at 
his last & usual place of abode, if within the County in 
which the said Officer dwells, and public Notice of the 
said time & place of sale, by posting up notifications 
thereof, in one or more public places in the town, district, 
or plantation, where such sale is to be made, and also in 
one or more public places in the two adjoining towns, 
thirty days, at least, before the time of Sale ; and further 
shall cause an advertizement, expressing the time and 
place of sale, and against whom such execution shall have 
issued on which such Shares or interests have been taken, 
to be published, three weeks successively before the day 
of Sale, in some public News-paper printed in the County 
where the sale is to be made, if any such be therein 
printed, and in case no such paper is therein printed, 
then such advertisement shall be published in some pub- 
lic Newspaper in the nearest County wherein a News- 
paper shall be published ; and in Case the Judgment 
debtor, has at no time resided, or does not then dwell in 
such County, the posting up such notifications and pub- 
lishing such advertisements in manner aforesaid, shall be 
deemed sufficient notice of such sale : And in case the 
Shares or interest so notified for Sale, shall not, for want 
of purchasers, be disposed of at the time appointed for 
Sale, the Officer shall adjourn the sale for a time, not ex- 
ceeding three days, and so from time to time, until the sale 
Disposal of shall be compleated ; and the surplus monies (if any there 
BurpiuB money. ^^^ arising from such sale, beyond satisfying the contents 



Acts, 1804. — Chapter 83. 117 

of the execution and necessary intervening charges, the 
Officer shall pay the debtor, or deposit the same with the 
Treasurer or Cashier of the Corporation for the benefit 
of the debtor, and subject to his order. 

Sec. 4. Be it further enacted, That whenever an Offi- oierk or caswer 
cer, having a Vv rit of Attachment or execution against cates of shares, 
any person interested in any such Company, shall exhibit debtors. ^ 
to the Clerk or Cashier thereof such Writ or execution, 
and request a Certificate from him of the number of 
Shares or amount of interest owned by the debtor in such 
Company, it shall be the duty of such Clerk or Cashier, 
to give the said Officer a Certificate of the number of 
Shares or amount of interest holden and owned by the 
debtor in such Company, and therein express the num- 
bers or other marks by which such Shares or interest are 
distinguished ; and in case such Clerk or Cashier shall re- 
fuse to make and deliver to the Officer such Certificate, 
or shall wilfully make and deliver a false Certificate 
thereof, such Clerk or Cashier shall be liable to pay to 
the Creditor the full contents of such execution, and the 
contents of the Judgment which may be recovered by the 
Plaintiff" in such Writ of Attachment, and the same may 
be recovered by the Judgment Creditor in an Action of 
debt, in any Court proper to try the same. 

Sec. 5. Be it further enacted. That the Shares and shares to be 

. J . 1 1 T 1 . 1 /^ attached accord- 

interest held by any person or persons in any such Com- ing to this act 
pany as aforesaid, may be attached on mesne process and '*°'^' 
taken and sold on execution in the manner provided by 
this Act, and no other, any thing in the Act incorporating 
such Company to the contrary notwithstanding. 

Sec. 6. Be it further enacted, That whenever an Offi- surplus money 
cer shall have in his hands any money arising from the isfy auoiher 
Sale of such Shares or interests, or from the Sale of any "^''" '°°' 
equity of redemption, or personal property, more than 
sufficient to satisfy the Execution or Executions on which 
such shares or interests, equity of redemption, or per- 
sonal property, were taken and sold, such Officer shall 
apply the same surplus money, or such part thereof as 
may be necessary, to the payment of any other execution 
which he may have in his hands unsatisfied against the 
same debtor, or which may be delivered to him before he 
shall have paid over such surplus money, any thing in 
this or any other law of this Commonwealth to the con- 
trary notwithstanding : Provided however, That if such Proviso. 



118 Acts, 1804. — Chapter 84. 

share or interest, equity of redemption, or personal prop- 
erty, shall, before such Sale, have been attached on Mesne 
process other than that on which such execution shall have 
issued, or shall have been taken on some other execution, 
and the said Officer is duly notified thereof, he shall hold 
such surplus monies, subject to such attachment, or exe- 
cution, and shall apply the same to the payment of the 
execution which may issue on the Judgment that may be 
rendered on such Mesne process, and delivered to him 
within thirty days after the rendition of such Judgment, 
or to the payment of the execution by which such Shares 
or interest, equity of redemption, or personal property 
had been taken, according to the priority, in regard to 
time, of such attachment, or taking in Execution. 

Approved March 5, 1805. 

1804. — Chapter 84. 

[January Session, ch. S8.] 

AN ACT FOR THE PROTECTION OF THE INDIANS AND THEIR 
PROPERTY IN THAT PART OF DUKES COUNTY KNOWN BY 
THE NAME OF CHRISTIAN TOWN. 

Whereas many Persons who are unmindful of the Moral 
Obligations which they owe to Society have taken undue 
advantages of said Indians for the remedy whereof 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
Two guardians authority of the same that his Excellency the Governor 
eappoin e . ^^ ^^^ with the advise and consent of Council be and he 
hereby is authorised and empowered to appoint two good 
and discreet Men as Guardians to have the care and over- 
sight of said Indians and of their property with full power 
to superintend the same. 
?e*void unless Sect. 2d. Be it further enacted that from and after 
the'^uwdians ^^^ passing of tliis Act all deeds, bargains, sales, re- 
leases, quit claims, or any conveyance whatsoever that 
any person shall or may obtain in any way of any person 
or persons of any land tenements or hereditaments which 
do or shall hereafter belong to any of said Indians as well 
for any term of Years or forever, shall be utterly Void 
and of none effect — excepting such deeds leases or other 
conveyances as shall first be examined, approved, and Con- 
firmed by said Guardians. 
excess^o'f'four Sect. 3d. Be it further enacted, that from and after 
dollars to be the passing of this Act no bond, bill, or other speciality 

approved by ^ O ' ' l j 

the guardians. 



Acts, 1804. — Chapters 85, 86. 119 

in writing, or any contract whatever — nor any book ac- 
count or verbal contract or promise for the payment of 
Money shall be deemed good & recoverable against any 
of the said Indians if the same shall exceed the sum of 
four dollars unless such bill, bond, speciality or Ver- 
bal Contract shall be approved by one at least of said 
Guardians. 

Sect. 4. Be it further enacted that nothing in this Existing con- 
Act shall be construed in any wise to affect any existing affected!"' °°' 
Contract or any action, that shall be pending in any 
Court at the time of the passing of this Act. 

Approved March 8, 1805. 

1804. — Chapter 85. 

[January Seesion, ch. 39.] 

AN ACT DETERMINING THE TIMES AND PLACES FOR HOLD- 
ING THE SEVERAL COURTS OF COMMON PLEAS WITHIN 
AND FOR THE COUNTY OF YORK. 

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 first day New terms. 
of May next, the times of holding the Courts of Com- 
mon Pleas within and for the County of York, shall 
annually be as follows Vizt. At York on the third Mon- 
day of April — At Waterborough on the fourth Monday 
of August — At Biddeford on the fourth Monday of 
October. 

Sec 2d. And be it further enacted, that from and after Former acti 
the first day of May next, all the laws heretofore enacted, •'^p^^'®^- 
and now in force determining the times for holding the 
several Courts aforesaid so far as it respects the times for 
holding the said Courts, be, and the same hereby are 
repealed. Approved March 8, 1805. 

1804. — Chapter 86. 

[January Session, ch. 40.] 

AN ACT, IN ADDITION TO AN ACT, ENTITLED "AN ACT FOR 
INCORPORATING CERTAIN PERSONS FOR THE PURPOSE OF 
MAKING A TURNPIKE ROAD FROM NEWBURYPORT TO 
CHELSEA BRIDGE. 

Whereas the turnpike from Newburyport can be made 
with much less expence from Jenkins' corner so called, in 
Maiden to Maiden Bridge than from the same corner to 
Chelsea Bridge, and be as useful to the public — Therefore 



120 Acts, 1804. — Chapter 87. 

Be it enacted by the 8enoie and House of Representa- 
tives, in General Court asse7nbled, and by the authority of 
the same, That the Newburyport Turnpike Corporation 
have liberty to make their Turnpike from Jenkins' cor- 
ner aforesaid, to Maiden Bridge and shall not be obliged 
to make the same to Chelsea Bridge, any thing in the Act 
to which this is an Addition, to the Contrary notwith- 
standing — And the said Corporation shall be subject to 
the same duties, and be entitled to the same privileges 
relative to the said Turnpike so to be made ; to Maiden 
Bridge, as they would be subject and entitled to, had the 
said Turnpike been made to Chelsea Bridge. 

Approved March 9, 1805. 



1804. — Chapter 87. 

[January Session, ch. 41.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF SCARBOROUGH, IN THE COUNTY OF 
CUMBERLAND, SACO, AND BUXTON, IN THE COUNTY OF 
YORK INTO A RELIGIOUS SOCIETY, BY THE NAME OF THE 
METHODIST SOCIETY IN SCARBOROUGH. 

Sect. 1st. Be it enacted, hy the Senate and House of 
Representatives iri General Court Assembled, and by the 
PersonB incor- axitliorlty of the Same, that Timothy Waterhouse, Samuel 
^aterhouse, Moses Waterhouse, Daniel Waterhouse, 
Alexander Leavitt, David Leavy, Alexander Milliken, 
Jonathan Harman, John S. Harman, William Leavy, 
Allison Harman, Nathaniel Moses, Enoch Libey, Samuel 
Harman, Daniel Harman, Samuel Libbey, George Moses, 
Jonathan Milliken, Joshua Milliken, Nathaniel Boothby, 
James Foss, Jonathan Burnam, Benjamin Milliken, Sam- 
uel Harman, Simeon Beal, Wentworth Dresser, Richard 
Waterhouse, George Messeve, Elias Waterhouse, George 
Harman, Joseph Milliken, Michael Nason, William Har- 
man, Silas Burbank, Nathaniel Waterhouse, James Gipt- 
son, Allisan Milliken, James Allen, David Harman, John 
Deering, Isaac Deering, Thomas Leavey, Isaiah Milliken, 
Zachariah Foss, Thomas Thurston, Daniel Thurston, Dan- 
iel Merrill, John Pinkham, George Harman, Jonathan 
Batcheldor, Jesse Lumbard, Joseph Waterhouse, Wil- 
liam Harman, Phillip Brown, Simon Plaisterd, Nathaniel 
Boothby, Junr., Zachariah Harman, George Coolroth, 
Junr., Samuel Dinsmore, Cyrus Foss, James Foss 3d, 



porated. 



Acts, 1804. — Chapter 87. 121 

Isaac Milliken, Paul Dresser, and Mark Dresser, with 
their families and estates, be, and they are hereby incor- 
porated into a religious Society, by the name of the 
"Methodist Society in Scarborough" with all the pow- corporate 
ers, priviledges and immunities to which Parishes are °^'"®* 
iutitled b}^ the Constitution and Laws of this Common- 
wealth — Provided, however, that all such persons shall 
be holden to pay their proportion of all Monies assessed 
in each of said towns, for parochial purposes, previous 
to the passing of this Act. 

Sect. 2d. Be it further enacted, that any person be- Method of join. 
longing to the towns of Scarborough, Buxton and Saco, '°^ e society. 
being of the Methodist denomination, who may at any 
time within one year from the passing of this act, actually 
become a member of, and unite in religious worship with 
the society aforesaid, and give in his or her name to the 
town Clerk of either of the towns aforesaid, in which he 
or she may belong, with a Certificate signed by the Min- 
ister or Clerk of said Society, that he or she is actually 
become a member of and united in religious worship 
with the aforesaid Methodist Society, fourteen days pre- 
vious to the town Meeting, to be held in either of the 
towns aforesaid, in which he or she may belong, in the 
month of March or April, shall, from and after giving 
such Certificate, with his or her polls & estates be consid- 
ered as part of said Society ; provided, however, that such 
persons shall be held to pay their proportion of all Money 
legally assessed, in either of the Towns aforsaid, to 
which he or she may belong, previous to that time. 

Sect. 3d. Be it further enacted, that if any member Method of inav 
of said Methodist Society, shall at any time within one '"^ the society. 
year from the passing of this Act, see cause to leave the 
same and unite in religious Worship with either of the 
towns aforesaid in which he or she may belong, and shall 
lodo;e a Certificate of such his or her intention with the 
Clerk or Minister of said Methodist Society and also 
with the Clerk of either of the Towns aforesaid, to which 
he or she may belong, fourteen days, at least, before the 
annual Meetino; 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, be considered as belonging to either of the 
towns to which he or she may belong, in the same man- 



122 Acts, 1804. — Chapters 88, 89. 

ner as if he or she had never belonged to the said Meth- 
odist Society. 
First meeting. Sect. 4. And be it further enacted, that any Justice 
of the Peace, in the County of Cumberland, is hereby 
authorized to issue his Warrant to some suitable person, 
who is a member of said Methodist Society, requiring 
him to notify and Warn the members thereof, to meet at 
such time and place as shall be expressed in said Warrant 
to choose all such Officers as parishes in the Common- 
wealth are by Law authorized to choose in the Months of 
March or April annually. Approved March 9, 1805. 



1804. — Chapter 88. 

[January Session, ch. 42.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT ESTAB- 
LISHING AN INCORPORATION BY THE NAME OF THE MAINE 
TURNPIKE ASSOCIATION." 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, & by the authority of 
the same, that so much of the first Section of an Act intitled 
an Act establishing an incorporation by the name of the 
Maine Turnpike Association passed the eighth day of 
March in the year of our LORD, one thousand eight 
hundred and three, as authorises said Association to lay 
out, make and keep in repair a Turnpike Road from Port- 
land to Augusta Bridge be and hereby is repealed any 
thing in said Act to the contrary notwithstanding. 

Approved March 11, 1805. 



Persons incor- 
porated. 



1804. — Chapter 89. 

[January Session, ch.43.] 

AN ACT TO INCORPORATE JAMES GRAY AND OTHERS, FOR 
THE PURPOSE OF MAINTAINING A BOOM ACROSS SACO 
RIVER, BETWEEN BIDDEFORD AND SACO, IN THE COUNTY 
OF YORK. 

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 Gray, Thomas Cutts, 
Thomas Cutts Junr., Foxwell Cutts, Dominicus Cutts, Asa 
Stevens, Noah Hooper, David Bryant, John Spring, Sam- 
uel Dennet, Thomas C. Abbot, Abner Sawyer, and Dan- 
iel Cole ; together with such other persons as now have 



Acts, 1804. — Chapter 89. 123 

or shall hereafter become Proprietors in the said Boom, 
be and they hereby constituted and made a Corporation, 
for laying and maintaining a Boom across Saco River, by 
the name" of The Proprietors of Saco Boom, and by that corporate 

11 11 1 1 i Dame. 

name may sue & be sued, prosecute and be prosecuted to 
final Judgment and Execution, and to do and Suffer all 
such matters and things as bodies politic and Corporate 
may or ought to do and suffer, and the said Corporation 
shall have power to keep and use one common Seal, and 
the same to break, alter and renew at pleasure. 

Sec. 2. And be it further enacted, That James Gray First meeting. 
and others his associates or any five of them, may by 
an advertisement posted up at some publick place in Bid- 
deford and Saco, call a meeting of said Proprietors at 
some suitable time and place, giving at least, ten days 
notice of such meeting, and the said Proprietors being so 
met, by Vote of the major part of the Proprietors pres- 
ent, or represented at said Meeting, shall proceed to 
choose a Clerk, Treasurer, and such other Officers as they 
may from time to time find necessary, who shall be duly 
sworn to the faithful discharge of their respective trusts, 
and shall also agree on the method of calling future meet- 
ings of the said Proprietors, and at the same or any sub- 
sequent meetings, may make & establish any rules and 
regulations which may be found necessary or convenient 
for regulating said Corporation for the collecting the toll 
or fees, herein established, and for the more effectually 
executing and completing the general purpose of this 
Act ; and shall have power to assess and recover reason- 
able fines and penalties for any breach or breaches of such 
rules and regulations not exceeding fifty dollars : JPro- 
vided that such rules & regulations shall not be repug- 
nant to the Constitution and laws of this Commonwealth 
— And all applications or representations made at such 
meetings, shall be in writing, and signed with the name 
of the person making the same, which shall be filed with, 
and recorded by the Clerk, and this Act with all the rules, 
regulations, votes and doings of 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. 

Sec. 3. And be it further enacted. That the said Cor- FeesorToii. 
poration shall be entitled to receive of the respective 
owner or owners of Masts and Logs which shall be rafted 
and secured at said Boom, by any person or persons, the 



124 



Acts, 1804. — Chapter 90. 



FeeB may be 
sued for. 



Damages for 
injuring boom, 
&c. 



Passing at the 
boom not to be 
impeded. 



following respective fees or toll, for each Mast five Cents, 
for each Mill log One Cent & five Milles ; — Provided 
hoivever, that the fees or toll shall at all times hereafter 
be subject to the revision or alteration of the Legislature. 

Sec. 4. And he it further enacted. That for the secur- 
ing and recovering the payment of the respective fees or 
toll aforesaid, it shall be lawful for said Corporation, by 
their Agent or Other persons whom they may appoint 
for that purpose, to sue for and recover in a due Course 
of Law by an Action of debt, all such fees or toll, for all 
Masts or logs, secured and rafted at said Boom as afore- 
said, when payment shall be refused or neglected, by the 
person or persons subject to pay the same. 

Sect. 5. And be it further enacted, That any person 
or persons who shall wilfully and maliciously injure or 
destroy the said Boom, or any of its appendages, or 
means of using or improving the same, shall be liable to 
pay such reasonable damages with cost of suit as shall be 
determined in a due course of Law, to be sued for and 
recovered by the Proprietors, in an Action of trespass, or 
on the Case. 

Sec. 6. And be it further enacted, Th&t the Proprie- 
tors of said Boom, shall not let logs, & Masts lay in said 
Boom a longer time than they can be rafted out with dis- 
patch, and that persons bringing rafts of Boards, Tim- 
ber, Staves, and rift Lumber down Saco E,iver, may pass 
through said Boom in the same way &, manner, they 
usually have done, before the passing of this Act. 

Approved March 11, 1805. 



1804. — Chapter 90. 

[January Seesion, ch. 44.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO 
PREVENT THE DESTRUCTION OF ALEWIVES AND OTHER 
FISH IN IPSWICH RIVER, AND PROMOTE THE INCREASE OF 
THE SAME," PASSED THE TWENTY EIGHT DAY OF MARCH 
IN THE YEAR OF OUR LORD ONE THOUSAND SEVEN HUN- 
DRED AND EIGHTY EIGHT. 

Whereas the provision in the first Section of the Act 
intitled " An act to prevent the distruction of Alewives 
and other fish in Ipswich River, and to promote the in- 
crease of the same,'" passed the twenty eighth day of 
March in the year of our Lord one thousand seven hun- 
dred and eighty eight — designating the time for the pas- 



Acts, 1804. — Chapters 91, 92. 125 

sage ways to be opened for the fish to pass, & repass, is 
found inconvenient. Therefore, 

Be it enacted by the Senate and House of Hepi'esenta- 
tives, in General Court assembled, and by the authority 
of the same — That from and after the passing of this 
Act, the time for the passage way or ways to be kept 
open for said fish to pass, and repass through any Mill 
dam, or dams now erected or hereafter to be erected, on 
that part of said Ipswich River which lyes below Flints, 
and Merriams Mills, or any stream or streams, running 
from any natural pond into the same, shall be from the 
tenth day of April to the third day of June Annually, 
any thing in the above mentioned Act, to the contrary 
notwithstanding. Approved March 11, 1805. 

1804. — Chapter 91. 

[January Session, ch. 45.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO IN- 
CORPORATE A NUMBER OF THE INHABITANTS OF THE 
TOWNS OF PITTSFIELD, HANCOCK, DALTON, AND WASHING- 
TON IN THE COUNTY OF BERKSHIRE, INTO A RELIGIOUS 
SOCIETY BY THE NAME OF THE METHODIST RELIGIOUS 
SOCIETY IN PITTSFIELD, HANCOCK, DALTON AND WASH- 
INGTON." 

Sec 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Joshua Danforth Esqr. or any 
other Justice of the Peace within and for the County 
of Berkshire be, and he hereby is authorised to issue a 
warrant directed to some suitable member of the Metho- 
dist religious Society in Pittsfield aforesaid, requiring 
him to notify and warn the members thereof, to meet at 
such time and place as shall be appointed in said warrant, 
to choose such Officers as Parishes in this Common- 
wealth are by law empowered to choose in the Month of 
March or April annually. Approved March 14, 1805. 

1804. — Chapter 93. 

[January Session, ch. 46.] 

AN ACT TO ALTER THE TIMES OF HOLDING THE COURT OF 
GENERAL SESSIONS OF THE PEACE IN THE COUNTY OF 
CUMBERLAND. 

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



126 Acts, 1804. — Chapters 93, 94. 

authority of the same, that from and after the term of the 
Court of General Sessions of the peace in the County of 
Cumberland, to be holden by Law on the third Tuesday 
of February in the present year, and after the first Tues- 
day in March instant, the said Court of General Session 
of the peace shall be holden but twice in each Year, vizt. 
on the first Tuesday of September & on the first Tuesday 
of March in every Year, when the said Court shall be 
holden in the town of Portland, any Law to the contrary 
notwithstanding. Approved March 14, 1805. 

1804:. — Chapter 93. 

[January SesBion, ch. 47.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO 
AUTHORISE GEORGE ULMER, TO BUILD A TOLL BRIDGE AT 
LINCOLNVILLE IN THE COUNTY OF HANCOCK," PASSED 
THE TWENTY FOURTH DAY OF JUNE, EIGHTEEN HUNDRED 
& FOUR. 

Whereas in pursuance of said act, a bridge has been 
erected, but difficulties have arisen, by reason of the said act 
not specifying the manner in which the proprietors should 
be assembled, for the purpose of transacting the business 
incident to the Corporation : 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that a meeting of the proprietors of said 
Bridge, shall be held on the first tuesday of April next at 
the House of Hezekiah French in said Linco[?]nviIle, for 
the purpose of Choosing all such OflScers, and establish- 
ing such rules as the said proprietors shall deem proper 
relative to said bridge, and consi8ten[^]ly with the act of 
their incorporation. And George Ulmer Esqr. be and he 
is hereby authorised to call the first meeting of the said 
proprietors by giving seven days notice previous to the 
said first tuesday of April next. 

Approved March 14, 1805. 

1804. — Chapter 94. 

[January Session, ch. 48.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT FOR 
ESTABLISHING AN ACADEMY, IN THE TOWN OF FRYEBURG, 
BY THE NAME OF FRYEBURG-ACADEMY." 

Whereas, by the Act entitled '■^ An Act for establishing 
an Academy in the Town of Fryeburg, by the name of 



Acts, 1804. — Chapter 95. 127 

Fryehurg Academy " seven members of the hoard of Trus- 
tees of said Academy are necessary to constitute a quorum, 
as well to adjourn meetings of the said Trustees as to do 
business therein; and the remote situation of the said 
Trustees from each other, their bodily indisposition, and 
various other causes sometimes render it inconvenient for 
that number to attend; in which case no meeting can be 
holden, or any adjournment had: 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, that any three or more of the said Trustees 
shall have power to open and adjourn legal meetings of 
the said Trustees, when seven of the said Trustees shall 
not be present at said meetings ; any thing in the Act es- 
tablishing said Academy to the contrary notwithstanding. 

Approved March 14, 1805. 

1804. — Chapter 95. 

[January SeasioD, ch. 49.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, '<AN ACT TO 
SECURE TO OWNERS THEIR PROPERTY, IN LOGS, MASTS, 
SPARS, AND OTHER TIMBER IN CERTAIN CASES." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, that whenever any logs, masts, spars, or other 
timber, shall be taken up and secured for the owner, at 
the bridges called Spring's bridges, Between Biddeford 
and Saco, below the great boom (so called) and above the 
lower falls in Saco, the proprietor or proprietors of said 
bridges, so taking up and securing said logs, masts, spars, 
or other timber, shall therefor be entitled to one fourth 
part of all such logs, masts, spars, or other timber so 
taken up and secured, and shall advertize the same, and 
proceed therewith in the same manner and under the same 
regulations and conditions, as are prescribed in the fifth 
section of the act, entitled, " An act to secure to owners 
their property in logs, masts, spars, and other timber in 
certain cases." Provided — that a passage-way shall be 
kept open to the Slip which is made on the East side of 
Saco River, for the runing of boards and other timber, 
so that the proprietors of the said slip, may possess all 
the advantages which they have heretofore enjoyed by 
said Slip. Approved March 14, 1805. 



128 



Acts, 1804. — Chapter 96. 



Doings of tho 

corporation 

confirmed. 



Committee to 
view the road 
and locate the 



1804. — Chapter 96. 

[January Session, ch. 50.] 

AN ACT RE[S]PECTING THE ERECTION OF THE TOLL GATES 
OF THE EIGHTH MASSACHUSETTS TURNPIKE CORPORATION. 

Sec. 1. Be it enacted by the Senate and House of 
Represejitatives in General Court assembled, and by the 
authority of the Same, That the doings of the Eighth 
Massachusetts Turnpike Corporation in erecting Gates on 
their road, and demanding and receiving thereat the toll 
allowed by law, be ratified and confirmed, so far as to 
authorise said Corporation to retain all toll by them re- 
ceived, and to recover all sums of money or damages due 
to them on any debt or contract — And said Corporation 
are hereby allowed to continue their Gates where they 
have lately stood or now stand until the first day of Au- 
gust next, and to demand and receive toll thereat until that 
time, according to the rates established by the Act of In- 
corporation. 

Sec 2. Be it further Enacted, That Charles Phelps 
Esqr., of Hadley, Major Aaron Fisher of West-Hampton, 
and Samuel Whiting Esqr., of Great Barrington, be a 
Committee to view said road and determine at what places 
the Gates shall be placed by said Corporation on their 
road upon and after the first day of August next, and 
that said Committee give Notice, by a publication in the 
Federal Spy printed in Springfield twenty days at least 
before the time of their meeting, of the time and place 
of their meeting to perform said Service — And that 
upon and after said first day of August next, the said 
Corporation may set up and Maintain their Gates at such 
places as shall be appointed by said Committee, and de- 
mand and receive thereat, the Toll allowed by the Act of 
Incorporation, and thereupon the said Corporation shall 
be entitled to all the rights and privileges, and subject to 
all the duties mentioned, granted, and provided in the 
Act aforesaid. Approved March 14, 1805. 



Acts, 1804. — Chapter 97. 129 

1804. — Chapter 97. 

[January Session, ch. 51.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWNS OF NEW BEDFORD AND FREETOWN IN THE 
COUNTY OF BRISTOL AND ROCHESTER AND MIDDLEBOR- 
OUGH IN THE COUNTY OF PLYMOUTH INTO A RELIGIOUS 
SOCIETY BY THE NAME OF THE FIRST BAPTIST CHURCH 
AND SOCIETY IN NEWBEDFORD. 

Sect. 1. Be it enacted by the 8enate and House of 
Mepresentaiives in General Court assembled, and by the 
authority of the same. That Ebenezer Keen, Alden Persons incor- 
Spooner, Joseph Peine, Robert Miller, Amos Braley, p°''*^^'*- 
Lemuel Win^l()W, Perceval Ashley, Nathaniel Morton, 
Job Morton, Thomas Shearman, Nicholas Crapo, Eb- 
enezer Morton, William White Junr., Lothrop Lewis, 
David Peirce, Nathaniel Downes, George Tabor, Thomas 
White, Ezekiel Cnshman, Micah Winslow, Ebenezer L. 
Foster, William Whitridge, Jesse Keen, Walter Spooner, 
Ebenezer Keen Junr., Asa Hraley, Joseph Bennet, George 
Douglass, Ellis Mendell, William Gammons, Melatiah 
Morse, Thomas Gifford, Paul Winslow, William Toby 
2d, Mibbon Ormey, Phmeas White, .Joseph Taber, Bar- 
nabas Clark, Silvester Bumpres, Seth Bumpres, Aron 
Davis, Hezekiah Penington, Joshua Vincent, Nathaniel 
Sears, Nathaniel Sears Junr , Abraham Ashley Junr., and 
Joseph Whitridge with their fiimilies and estates together 
with such other of the Inhabitants of any of said towns 
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 >ix. associate themselves for that pur- 
pose in the manner herein after described be and are 
hereby incorporated into a religious Society by the name corporate 
of the First Baptist Church and Society in New Bedford °*™^* 
with all the powers, privi ledges and immunities to which 
other parishes are by Law intitled. 

Sect. 2. Be it further enacted, that any person or Method of join- 
persons in either of the towns aforesaid being of the Bap- i^g i>i« «o"«'y- 
tist denomination aforesaid who may actually become a 
member of and unite in religious worship with the So- 
ciety aforesaid within the time limited by the first Section 
of this Act by giving in his or her name to the Clerks of 
either of the towns aforesaid signed by the Minister or 
Clerk of said Society that he or she has actually become 



130 



Acts, 1804. — Chapters 98, 99. 



Firet meeting. 



a member of and united in religious worship with the 
Society aforesaid shall from and after giving in such cer- 
tificate with his or her polls and estate be considered as 
a part of said Society. Provided Jioivever that such per- 
son or persons !>hall be held to |)ay their just proportion 
of all monies assessed in said towns for the support of 
public worship previous to that time. 

Sect. 3d. Be it further enacted^ that the Hon. Alden 
Spooner Esqr. or some other Justice of the peace in said 
County of Bristol be and is hereby authorised and em- 
powered to issue his Warrant to some suitable member 
of 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 en- 
titled to choose in the Months of March or April annually. 

Approved March 14, 1805. 



1804. — Chapter 98. 

[January Session, ch. 62.] 

AN ACT MAKING A TEMPORARY ALTERATION IN THE TOLL 
RECEIVABLE ON CERTAIN ARTICLES BY THE PROPRIETORS 
OF THE UPPER LOCKS AND CANALS ON CONNECTICUTT 
RIVER, IN THE COUNTY OF HAMPSHIRE. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same, that for the term of Seven years, next after 
the passing of this act, The proprietors of the Upper 
Locks and Canals on Connecticut River, in the County of 
Hampshire, be, and hereby are authorized to demand and 
recieve for every thousand feet of boards passing through 
the Locks and Canals of said proprietors, the sum of 
Eighty Cents, and for other Lumber in like proportion, 
the same to be, during said term, in lieu of the toll 
granted on said Articles by the Original Act. 

Approved March 14, 1805. 



Preamble. 



1804:. — Chapter 99. 

[January Session, ch. 53.] 

AN ACT TO INCORPORATE THE FIRST CONGREGATIONAL 
PARISH IN THE TOWN OF FRANKLIN, AND FOR OTHER 
PURPOSES. 

Whereas the town of Franhlin, since their incorpora- 
tion, havejrom time to time transacted Parish business in 



Acts, 1804. — Chapter 100. 131 

their public town meetings^ hut doubts have lately arisen^ 
respecting the legality of such their proceedings, and have 
requested this Court to ratify and confirm the same. 

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 Votes and proceedings of ^aiVs^con^'™'^ 
the town of Franklin, since their incorporation as a town, firmed, 
so far as relates to parish business, be and they are hereby 
ratified, confirmed, and made valid, to all intents and pur- 
poses, as if the same Votes and proceedings, had been 
transacted and done in a legal Parish meeting. 

Sect. 2. Be it further enacted, that alt the Inhabi- eorporated^s"" 
tants of the said town of Franklin, with all the Lands in apariBh. 
the said town, (except such Inhabitants & lands, as do 
by law belong to some other precinct or Parish, or are 
exempt by law from doing parish duty in said town of 
Franklin,) be and they hereby are incorporated into a 
Parish by the name of The first Congregational Parish in corporate 
the town of Franklin, with all the powers, priviledges, °*™®' 
& immunities, which other Parishes do or may by Law 
enjoy. 

Sect. 3d. Be it further enacted, that either of the First meeting. 
Justices of the peace for the County of Norfolk, be and 
he hereby is authorised to issue his warrant, directed to 
some member of said parish, requiring him to notify and 
warn all the members thereof, qualified by Law, to vote 
in parish aflairs, to meet at such time and place in said 
town of Franklin, as shall be expressed in 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 in the said Parish. Approved March 14, 1805. 

1804. — Chapter 100. 

[January Session, ch. 54. J 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT TO 
ESTABLISH A CORPORATION BY THE NAME OF THE BEL- 
CHERTOWN AND GREENWICH TURNPIKE CORPORATION." 

Sec. 1. Be it enacted by the Senate and House of 
Represeyitatives, in General Court assembled, and by the 
authority of the same, that the Belchertown and Green- Extension:of 
wich Turnpike Corporation are hereby authorised and '^""'^' 
empowered to extend their Turnpike road from the South 
Parish meeting-house in Greenwhich, to the meeting-house 



132 



Acts, 1804. — Chapter 100. 



Corporation 
authorized to 
remove tlie 
gate. 



New toll estab- 
lished. 



Toll may be 
commuted. 



in the North Parish in said Town, in as direct a line as 
the nature of the ground will admit, in the same way and 
manner, and under the same privileges and restrictions, 
as are prescribed and contained in the Act, entitled, "an 
Act to establish a Corporation by the name of The Bel- 
chertown & Greenwich Turnpike Corporation." 

Sec. 2d. And he it further enacted, that when said 
Turnpike shall be sufficiently made and so approved by a 
Committee appointed by the Court of General Sessions of 
the Peace for the County of Hampshire, then the said 
Corporation shall be authorized to remove the Gate estab- 
lished by the Act aforesaid, in such manner and place as 
the same Committee shall direct. And said Corporation 
shall be entitled to receive in lieu of the toll granted in 
and by the Act aforesaid, of each Traveller and passen- 
ger, at said Gate, the following rates of toll, Vizt. for 
every coach, chariot, Phaeton or other four wheel car- 
riage drawn by two horses, twenty five cents, and if 
drawn by more than two horses, an addition 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 addition of three cents for each ox or 
horse, for every curricle twelve cents and 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 sleigh drawn by two oxen or horses, 
seven cents, if drawn by more than two oxen or horses, an 
addition of two cents for each ox or horse for ever[2/] 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 
the said Corporation may if they see fit, commute the 
rate of toll with any person or with the inhabitants of 
any town through which said road may pass, by taking 
of him or them a certain sum annually, to be mutually 
agreed upon in lieu of the toll aforesaid — and no toll 
shall be taken of any person going on or returning from 
military duty, to or from public worship, to or from any 
mill or elsewhere about his Common and ordinary busi- 
ness within the Town where he resides. 

Approved March 14, 1805. 



Acts, 1804. — Chapter 101. 133 



1804. — Chapter 101. 

[January Session, ch. 55.] 

AN ACT TO ANNEX A CERTAIN ISLAND, CALLED THE GREAT 
ISLAND IN CONNECTICUT RIVER, TO THE TOWN OF GILL, 
AND TO REGULATE THE FISHERY AT & NEAR 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 from and after the first day Great island 

&Tltl6X6d to 

of April next the Island in Connecticut River situate in qui. 
the falls between the towns of Gill & Montague in the 
County of Hampshire, and known by the name of Great 
Island, adjoining the Canal Dam. be, and the same is 
hereby annexed to the town of Gill, and shall forever 
after be considered as part of said Town. 

Sec. 2. And be it further enacted. That the said town FisWng rights, 
of Gill shall have the full and exclusive rig^ht of taking 
Fish at and near said Island under the restrictions and 
regulations hereinafter provided. 

Sec. 3. And be it further enacted. That the taking Fish committee, 
and disposing of said Fish shall be under the care and 
management of a Committee of said town of Gill, who 
shall dispose of them in such manner for the benefit of 
said town of Gill, as they shall judge best : and account 
with the Treasurer of said town of Gill for the proceeds 
thereof on or before the first day of September annually, 
and the money arising therefrom shall be appropriated to 
the use and benefit of said town of Gill. And the Com- committee. to 
mittee shall have a reasonable allowance for their service, eated™^^"" 
and lay their accounts before the Selectmen for their 
allowance — Said Committee shall consist of three free- 
holders in said town of Gill, and be chosen by ballot in 
the Months of March or April annually, who shall be 
sworn to the faithful discharge of their duty as other town 
Officers are. 

Sec. 4. And be it further enacted. That if any person Penalty for fish- 
or persons shall enter on said Island, and shall make use '°g'"^8aiiy- 
of any Sein, net or Machine of any kind for the purpose 
of taking fish at or near the same, without permission 
first obtained from the Committee aforesaid, shall forfeit 
and pay a sum not less than five dollars nor more than 
thirteen dollars. 

Sec. 5. And be it further enacted. That the Tteas- Town treasurer 

n • J J p /-I'll • 1 1 • 1 xi to sue for fines. 

urer oi said town or Gill is hereby impowered on the 



134 



Acts, 1804. — Chapter 102. 



Witnesses. 



Price of shad, 
&c. 



Act limited. 



complaint of any of the Committee aforesaid to sue for 
and recover all fines and forfeitures incurred by a breach 
of this Act, before any Justice of the peace in said 
County, and all fines so recovered, shall be. One half to 
the use of the prosecutor, and the other half to the said 
town of Gill. 

Sec. 6. And be it further enacted, That any of the 
Committee aforesaid, or any of the Inhabitants of said 
town of Gill may be admited as witnesses in any prose- 
cution for the breach of this Act. 

Sec. 7. And be it further enacted. That the price of 
One single Shad taken at or near said Island shall not at 
any time exceed eight cents — And said Committee, or 
the major part of them, may whenever they think proper, 
by writing under their hands, licence any poor person be- 
longing to said town of Gill to take Fish at or near said 
Island, without paying any thing therefor ; any thing in 
this Act to the contrary notwithstanding. 

Sec. 8. Be it further enacted. That this Act shall 
continue in force, five years from and after the passing 
thereof, and no longer. Approved March 14, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



Dimensions, See. 
of bridge. 



1804. — Chapter 102. 

[January Session, ch. 56.] 

AN ACT TO AUTHORISE JONATH.\N WILSON AND OTHERS TO 
BUILD A BRIDGE OVER THE RIVER PASSAGASSAWAUKEAG, 
IN THE TOWN OF BELFAST. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that Jonathan Wilson, together 
with those who may hereafter associate with him, be and 
they are hereby authorised to build a bridge, across the 
River Passagassawaukeag, in the town of Belfast, above 
the present ferry, from the South east point or corner of 
Nathaniel Pattersons farm to the opposite shore, and for 
that purpose shall have all the powers and privileges in- 
cident to Corporations for building bridges, by the name 
of The Proprietors of the East Bridge in Belfast ; and by 
that name may sue and be sued, defend and be defended, 
prosecute and be prosecuted to final judgment and execu- 
tion, and do and suffer all such matters and things as 
bodies politic, may or ought to do and suffer. 

Sec. 2d. And be it further enacted, that the said 



bridge 



shall be well built of suitable materials, at least 



Acts, 1804. — Chapter 102. 135 

twenty two feet wide, with a draw of sufficient width for 
vessels to pass through and sufficient rails on each side, 
with boarding or planking three feet high from the floor 
of said bridge for the safety of passengers, and the whole 
shall be kept in good, and safe repair. Provided lioioever^ 
that if the said Jonathan Wilson and his associates, shall 
neglect or refuse for the space of three Years to build the 
said bridge, then this act shall be void, and of no effect. 
And if the said Proprietors, shall unreasonably neglect to Bridge to be 
keep the said Bridge in good repair as aforesaid, on such ^®p* ""■«?*'''■ 
neglect being made to appear to the Court of General Ses- 
sions 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 dam- 
ages which may happen to any person, from whom the 
toll is demandable, 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. 3d. And he it further enacted, that for the reim- Touestab- 
bursing to the said Jonathan Wilson and his associates, '*^''*'*' 
the money they may expend in building the said bridge, 
and keeping the same in repair, a toll is hereby granted 
and established, for the benefit of the said Jonathan Wil 
son 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, wag- 
gon, or cart, drawn by one beast, twelve and a half cents ; 
for each sleigh, sled, waggon, or cart drawn by two 
beasts fifteen cents ; and if drawn by more than two 
beasts, an additional sum of three cents, for each beast; 
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 attend 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 durmg the term of sixty 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. 



136 



Acts, 1804. — Chapter 103. 



triennial state' 
mente to be 
filed. 



8igD-board. 



^f'b?idge°a^nd'"* Providcd alwaijs, that at the time of opening the said 
Bridge, the proprietors and their succes-^ors, shall cause a 
just and true account of the expences thereof and also at 
the end of every three years afterwards, a true and just 
account of their receipts and disbursements, to be depos- 
ited 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 Proprie- 
tors shall constantly keep, in a conspicuous place, and 
fairly exposed to view, a sign or board, with the rates of 
toll, of all the tollable articles, legibly written thereon, 
in large or capital letters. Pi'ovided however, that the 
said toll may be commuted with any person or persons, 
or with any corporation, by taking a certain sum annually 
as may be mutually agreed on, in lieu of the toll aforesaid. 
Sec. 4th. And be it further enacted, that upon appli- 
cation of any three of the proprietors aforesaid to either 
of the Justices of the Peace within and for the County 
of Hancock, it shall be the duty of such Justice to issue 
his warrant, directed to some member of said Corpora- 
tion, requiring him to notify and warn a meeting of said 
proprietors, to be holden at such time and place as shall 
be appointed in said Warrant, to choose such officers as 
said Corporation are empowered to choose. And the 
said Corporation at the same or any subsequent meeting, 
may determine on the mode of calling future meetings, 
and may make and adopt such bye laws, rules and regula- 
tions, as may be necessary and convenient for the man- 
agement of their affairs, provided they are not repugnant 
to the constitution and laws of this Commonwealth. 

Approved March 14, 1805. 



First meeting. 



Treaenrer to 
KigD and seal a 
discharge, &c. 



1804. — Chapter 103. 

[January Session, ch. 57.] 

AN ACT PROVIDING FOR THE REGULAR DISCHARGE OF MORT- 
GAGES MADE TO THE COMMONWEALTH. 

Sec. 1. Be it enacted by the Senate and House of 
Representativefi, in General Court assembled, and by the 
authority of the same, that whenever any Mortgagor, who 
shall have mortgaged any real estate to the Common- 
wealth, his Executors, Administrators, heirs or assigns, 
shall pay into the treasury the full sum due on such 



Acts, 1804. — Chapter 103. 137 

mortgage, the Treasurer may, and it shall be his duty to 
sign and seal a discharge of such mortgage, and a release 
and quit-claim to the Estate therein mentioned to be 
granted, and to acknowledge the same before a Justice of 
the Peace ; which deed, being recorded in the Registry of 
Deeds for the County, where such Estate is situate, shall 
eflectually discharge such mortgage to all intents, and 
purposes : Provided hoivever, that nothing in this Act 
shall be construed to authorize any mortgagor, his heirs, 
executors, administrators, or assigns, to redeem any 
mortgaged premises after the expiration of three years 
from the entry of the Commonwealth by the Treasurer, 
or his substitute, or any other person thereto authorized 
by law, upon the mortgaged premises for the breach of 
the condition of the mortgage. 

Sec. 2. A7id be it further enacted, that whenever in case of disa- 
there shall be a disagreement between the treasurer for fween^thl ^" 
the time being, and the person applying to redeem any peTBolfs^appiy- 
real Estate mortgaged to the Commonwealth, as to the j^frtgaged^"" 
sum equitably due on such mortgage, the person so ap- property. 
plying, and having a right to redeem such Estate, may 
file a Bill in equity for the redemption thereof, in the 
Supreme Judicial Court in the County of Suffolk, and 
the same Court shall cause an attested copy of such pe- 
tition, with a summons thereon, to appear at the next 
term of said Court in said County, to be served, fourteen 
days before the commencement thereof, on the treasurer, 
who is hereby authorized, in behalf of the Common- 
wealth, to appear in said Court and answer to such peti- 
tion ; and the said Court, within said County, shall proceed 
to hear the parties, and shall determine and adjudge what 
sum is justly due on said mortgage to the Commonwealth ; 
and the Treasurer shall be empowered, and it shall be his 
duty to accept the Sum adjudged by said Court to be due 
on said mortgage, and upon receiving the same to dis- 
charge and release such mortgage in the manner pre- 
scribed in the first section of this Act : Provided always, Proviso. 

that all the costs and charo^es of discharging such mort- 
is O c3 

gage, and of the process for ascertaining the sum due on 
the same, shall be borne by the person or persons apply- 
ing to redeem the Estate mortgaged, and not by the Com- 
monwealth or the Treasurer. Approved March 15, 1805. 



138 Acts, 1804. — Chapters 104, 105. 

1804. — Chapter 104. 

[January Beeeion, ch. 58.] 

AN ACT TO SET OFF JOSEPH CURTIS, WITH HIS FAMILY AND 
ESTATE, FROM THE FIRST, AND ANNEX HIM TO THE THIRD 
PARISH IN ROXBURY. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled, and hy the Authority 
of the same, That Joseph Curtis husbandman of Roxbuiy 
in the County of Norfolk, with his polls, family & estate, 
be and hereby are set otF from the first Parish, and an- 
nexed to the third Parish, commonly called Jamaica plain, 
in the said town of Roxbury. Provided that the said 
Joseph Curtis shall previously pay his proportion of all 
parochial charges assessed upon him, and due to the said 
first Parish prior to the date of this Act. 

Approved March 15, 1805. 

1804. —Chapter 105. 

[January Session, ch. 59.] 

AN ACT MAKING FURTHER PROVISION IN THE JUDICIAL 
DEPARTMENT. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
Number of authority of the same. That from and after the passing 
us ices. ^£ ^1^.^ j^^^^ ^j^^ Supreme Judicial Court of this Common- 

wealth, shall consist of One Chief Justice and four other 
Justices, and no more. 
hoiXnby^hree ^^^0. 2. Be it further enacted. That from and after the 
°^™o'"« J«8- passing of this Act, the Supreme Judicial Court shall be 
holden annually at Boston, in the County of Suffolk, for 
the Counties of Suffolk & Nantucket, on the second 
Tuesday of March ; at Lenox, in & for the County of 
Berkshire, on the second Tuesday of September ; at 
Northampton, in and for the County of Hampshire, on 
the third Tuesday of September ; at Worcester, in & for 
the County of Worcester, on the fourth Tuesday of Sep- 
tember; at Dedham, in and for the County of Norfolk, 
on the first Tuesday, next after the fourth Tuesday of 
September ; at Taunton, in and for the County of Bristol, 
on the second Tuesday, next after the fourth Tuesday of 
September ; at Plymouth, in and for the County of Plym- 



Acts, 1804. — Chapter 105. 139 

outh, on the third Tuesday next after the fourth Tuesday 
of September ; at Barnstable, for the Counties of Barnsta- 
ble and Dukes County, on the fourth Tuesday next after 
the fourth Tuesday of September ; at Cambridge, in and 
for the County of Middlesex, on the fifth Tuesday, next 
after the fourth Tuesday of September; at Salem, in and 
for the County of Essex, on the Sixth Tuesday next after 
the fourth Tuesday of September ; at York, in and for 
the County of York, on the third Tuesday of May ; at 
Portland, in and for the County of Cumberland, on the 
fourth Tuesday of May ; at Augusta, in and for the County 
of Kennebeck, on the first Tuesday, next after the fourth 
Tuesda}^ of May ; at Wiscasset, in and for the County of 
Lincoln, on the second Tuesday, next after the fourth 
Tuesday of May ; at Castine, in the County of Hancock, 
for the Counties of Hancock and Washington, on the 
third Tuesday next after the fourth Tuesday of May ; by 
all the Justices of the said Supreme Judicial Court ; but 
any three or more of said Justices may constitute a quo- 
rum for holding the said Court, and discharging all the 
duties thereof at any of the times and places aforesaid. 

Sec. 3. Be it further enacted, That from & after the Terms to be 
passing of this Act, the Su{)reme Judicial Court shall be m°ore JusUcm!"^ 
holden annually at Boston, in the County of Suffolk, for 
the Counties of Suffolk and Nantucket, on the fourth 
Tuesday of November ; 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 Tues- 
day 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 Worcester, on the third Teusday 
of April; at Northampton, in and for the County of 
Hampshire, on the fourth Tuesday of April ; at Lenox, 
in for the County of Berkshire, on the first Tuesday 
next after the fourth Tuesday of April ; at Plymouth, 
in & for the County of Plymouth, on the third Tuesday 
of May ; at Wiscasset, in and for the County of Lincoln, 
on the third Tuesday of September ; at Augusta, in and 
for the County of Kennebeck, on the second Tuesday 
next after the third Tuesday of September ; at Portland, 
in and for the County of Cumberland, on the fourth Tues- 
day, next after the third Tuesday of September ; at 
Alfred, in and for the County of York, on the sixth 
Tuesday next after the third Tuesday of September, by 



140 Acts, ISOi. — Chapter 105. 

any One or more of the Justices of said Court. Provided 
nevertheless, that tlie Tuesday on which any of the said 
Courts are respectively to be holden as aforesaid, may, 
in all judicial proceedings, from time to time, be ex- 
pressed and designated by such Tuesday of the month, as 
will be the Tuesday on which any Court is to be holden 
pursuant to the foregoing arrangements. 
?erri°d't'othr' Sec. 4. Be it further enacted y That all Writs, recog- 
new terms. nizaticcs. Warrants, Complaints, and every other matter 
and thing, that should, after the passing of this Act, be 
returned to, or entered at the Supreme Judicial Court, at 
the times & places heretofore appointed, and all parties 
and persons, that may be required or directed to appear 
and attend after that time, at the aforesaid times & places, 
and all actions, matters, and suits, that may be pending 
in the same Court, on the day of passing this Act, shall 
be returned to, entered, appear, and attend, have day, be 
tried, and determined in said Court, at the respective times 
and places established by this Act, pursuant to the true 
intent and meaning thereof, 
beaifegeda^*^ Sec. 5. Be it further enacted, That whenever the said 
Court shall be holden by any one of the Justices thereof, 
it shall be lawful for any party, thinking himself aggrieved 
by any opinion, direction, or judgment of the said Justice, 
in any Action or process, of a Civil or Criminal nature, 
to al ledge exceptions to the same, at the term of said 
Court when such opinion, direction 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 al- 
lowed & signed by the Justice holding said Court ; and 
thereupon all such action or process, in or upon which 
judgment shall not have been rendered, at the time of al- 
lowing such exceptions, shall be continued to the next 
term of the said Court, to be holden in the same County 
pursuant to the second Section of this Act, subject to the 
provisions hereinafter contained ; and such Action or 
process, wherein exceptions shall be alledged to the final 
judgment of the Court thereon, shall likewise be con- 
tinued in the same manner and execution thereon shall 
be stayed, but without prejudice to any attachment made 
on the original Writ in any civil Action. Provided how- 
ever, that no trial by Jury shall be delayed or prevented, 
by the making or filing of exceptions to the opinion or 



allowed in cer 
tain caeee. 



Acts, 1804. — Chapter 105. 141 

judgment of the Court, upon any dilitory plea, or upon 

any question of Law arisinoj durins^ the trial; and when- in case of Mvo- 

•'1 , ^P , ® , . . 1 lous exceptions, 

ever it shall appear to the Court, that the exceptions made &c. 
in or after the trial of any cause, are frivolous, immaterial, 
or intended for delay, judgment may be entered, and 
execution awarded or stayed, on such conditions as the 
Court may deem reasonable, notwithstanding the allow- 
ance of the proceedings ; and the Courts to which actions 
may be continued, upon exceptions filed and aUowed, 
shall have cognizance thereof, and shall do therein what 
to law and Justice shall appertain. 

Sec. 6. Be it further' enacted, That all indictments f^]^^^^^\l^^ 
which may be found for any Capital Oifence, and all mo- three or more 
tions & petitions for new trials, and all appeals from judg- 
ments or decrees of Judges of Probate, and all questions 
of divorce and alimony, questions of Law on St.itements 
of facts agreed bj'- the parties, or Special Verdicts, and 
all issues in Law, shall be heard, tried and determined 
exclusively in the Courts which are to be holden, pursuant 
to the second Section hereof, by three or more of the said 
Justices ; And all other Actions, processes, matters and f^ied^befor^e^ 
things civil and criminal, whereof the Supreme Judicial j^^^l^^^^ 
Court hath heretofore had cognizance, may be heard, 
tried, and determined, subject to the provisions aforesaid, 
at the Court which may be holden by one or more Jus- 
tices, pursuant to the third Section hereof. And when- 
ever three or more of the Justices aforesaid, shall attend 
at any Court to be holden by virtue of the third Section 
hereof, the said Justices attending and holding such 
Court, shall have cognizance of all matters and things 
whatsoever, whereof they may have Cognizance at any 
Court to be holden by virtue of the second Section of 
this Act. 

Sec. 7. Be it further enacted, That whenever, on Afteractions 

tri£ibl6 bv tiir6G 

Actions, processes, issues, and matters, which are, by the justices are 
provisions of this Act, cognizable by the aforesaid Jus- tic^may^on-' 
tices, or any three of them, all trials and decisions shall tinue the court. 
have been had at any Court, provided by the second Sec- 
tion of this Act to be holden, any one of the said Jus- 
tices may continue to hold the same Court, for the trial of 
all causes, actions, and issues which are cognizable hy one 
or more of the said Justices, pursuant to the provisions 
of the third Section of this Act. 

Sec. 8. Be it /mother enacted. That whenever, by ^''justices.''""*' 
sickness, accident, or any unforeseen cause, the number 



142 



Acts, 1804. — Chapter lOG. 



Appointment 
of clerks, &c. 



jDBtlces to 
make proper 
tirrsngementB. 



Former act 
repealed. 



Current term of 
court included 
in provieiona 
of act. 



of Justices, required to hold Courts by the second Section 
of this Act, do not attend on the day appointed for open- 
ing a Court, that any one of said Justices may adjourn 
the Court, from day to day, until a sufficient number of 
said Justices do attend ; and that whenever, by sickness, 
accident, or any unforeseen cause, one of said Justices 
shall not attend at the several times and places appointed 
for holding Courts, by the third Section of this Act, the 
Sheriffs of the several Counties respectively shall have 
power to adjourn the Court, from day to day, until a Jus- 
tice shall attend. 

Sec. 9. Be it further enacted. That the appointment 
of Clerks, the establishment of rules and orders of prac- 
tice, and the admission of Attornies, shall be vested in, 
and exclusively exercised by the Court, to be holden by 
virtue of the second Section of this Act. 

Sec. 10. Be it further enacted, That it shall be the 
duty of the Justices of said Court, from time to time, to 
make such arrangements for holding said Court, pursuant 
to the third Section of this Act, as will, as far as may be, 
enable any Justice, holding the same in any County, to 
transact all the business which may be pending before 
said Court. 

Sec. 11. Be it further enacted. That an Act passed on 
the twenty -eighth day of February, in the year of Our 
LORD one thousand eight hundred and four, entitled, 
"An Act making further provision in the Judicial De- 
partment," be, and the same is hereby repealed. 

Sect. 12. Be it further enacted, that the Supreme 
Judicial Court, which commenced its Session at Boston, 
in the County of Suffolk, for the Counties of Suffolk and 
Nantucket, on the second tuesday of March instant, may 
and shall do and perform all the duties and exercise the 
same powers, in the same manner as though this act had 
been passed, before the commencement of the said session 
of said Court. Approved March 15, 1805. 



1804. — Chapter 106. 

[January Session, eh. 60. J 

AN ACT FOR EXTENDING THE NORFOLK AND BRISTOL TURN- 
PIKE FROM ROXBURY TO PLEASANT STREET, IN BOSTON. 

Section 1st. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and by 
the authority of the same, that the Norfolk and Bristol 



Acts, 1804. — Chapter 10(3. 143 

Turnpike Corporation be, and hereby is authorized to lay course of the 
out and make a turnpike-road — commencing at or near the &c?° ^ ™" ' 
termination of the present road in Roxbury, and running 
Northwesterly of Roxbury-Street, so called, and over the 
Marsh and Flats, westerly of the Store of John Davis 
Williams on Boston Neck, and thence to make a Bridge 
or Causeway to some part of Pleasant-Street in Boston ; 
the whole to be laid out and made, as near as may be 
found practicable and convenient, in a strait line from 
the commencement thereof in Roxbury to said Pleasant- 
Street, and to be located by the Committee appointed by 
the General Court to locate the said Norfolk and Bristol 
Turnpike-road ; and the same shall be laid out, on the 
Marsh and flats not more than six nor less than four rods width of road, 
in width, and on the upland not more than four nor less 
than three rods in width ; and the said Bridge or Cause- 
way and road shall be not less than thirty six feet wide in 
the travelled path, with sufficient rails on each side for 
the safety of passengers ; and the said Corporation shall 
put up and maintain lamps, at the distance of two hun- 
dred feet apart, on each side, from said Pleasant-Street to 
the boundary line between Boston and Roxbury, which 
shall be well supplied with oil, and lighted in due season, 
and kept burning untill midnight. And the earth that 
may be taken to make said Road or Causway over said 
Marsh and Flats shall all be dug and taken on the west- 
erly side thereof. 

Section 2d. And be it further enacted, that the said nabfe^fo^dam- 
Corporation may purchase and hold the land over which ages whereiand 

19 ttLKt^n WltuOUt 

they may make said Road and Causeway, and shall be agreement. 
holden to pay, all damages which shall arise to any per- 
son by taking his land therefor, when it cannot be ob- 
tained by voluntary agreement, to be estimated by a 
Committee to be appointed by the Courts of General Ses- 
sions of the Peace of the Counties of Suffolk and Norfolk 
respectively, as the case may require, 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. 

Section 3d. And be it further enacted, that when the Toiiestab- 
said Road and Bridge or Causeway shall be sufficiently 
made, and shall be allowed and approved by the Commit- 
tee first mentioned, the said Corporation shall be entitled 
to demand and receive from each traveller and passenger 



144 Acts, 1804. — Chapter 106. 

the following rates of toll, to wit, For each foot passen- 
ger or one person passing, one cent; every man and 
horse, four cents ; each single-horse, cart, sled or sleigh, 
six cents ; each wheelbarrow, handcart, or other vehicle 
capable of carrying like weight, two cents ; each single 
horse and chaise, chair or sulky, twelve and a half Cents ; 
coaches, chariots, phaetons and curricles, twenty-five 
Cents each, and if drawn by more than two horses, an 
additi[o]nal sura of four cents for each horse, all other 
wheel carriages, sleighs or sleds, drawn by more than one 
horse or ox, twelve and a half Cents each, and if drawn 
by more than two, an additional sum of three cents for 
each horse or ox ; Neat cattle and horses, exclusive of 
those driven, 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 to each 
team one person, and no more, shall be allowed, as a 
Toii-gatea. drivcr, to pass free from toll. And the said Corporation 
is hereby authorized to erect a gate, for collecting said 
toll, on any part of the said road, bridge or causeway; 
or if they shall deem it more advisable, they may erect 
two gates for that purpose within the town of Boston, one 
on said Bridge or Causeway, and the other on some part 
of said road ; at each of which gates they may demand 
and receive one half of the above rates of toll. — Pro- 
vided, that if they shall so erect two gates, each foot pas- 
senger over said Bridge or Causeway shall pay one Cent, 
and nothing for passing over said road. And when no 
toll-gatherer shall be present at either of said Gates to 
receive the toll, the said gate shall be left open, and pas- 
sengers be permitted to pass freely. 
^f'^road 'and °°^' SECTION 4th. And be it fuHhev enacted, that the said 
annual state- Corporatiou shall, within six months after the said road 
exhibited. and bridge or causeway are completed, lodge in the Sec- 
retary's Office an account of the expences thereof; and 
shall include in the account to be annually exhibited by 
them to the Governor and Council, the tolls and disburse- 
ments arising thereon ; and the said expences, tolls and 
disbursements shall be included in the estimate or account 
to be hereafter taken and made for the purposes men- 
tioned in the twelfth section of the act for establishing the 
said Corporation, in the same manner as if the said road 
and bridge or causeway had been expressly included and 
granted in and by the said act : Provided always, that 



Acts, 1804. — Chapter 107. 145 

the said Corporation, in extending the said Turnpike, as Present roads 
provided for in this act, shall not erect any Gate or Gates jured. 
on any road or street now travelled or used, and shall not, 
in any manner, change or alter any road or street now 
travelled or used, so that such road or street be thereby 
made less convenient or suitable for passing than the 
same now is. 

Section 5tii. And be it further enacted, that the Se- streets may be 
lectmen of the town of Boston and Roxbury shall have 
a right to lay out Streets from the Main-Street to the said 
road and causeway, and also Streets westerly therefrom, 
and abutters on said road shall have the privilege of 
passing to and from their lands upon each side of said 
road and causeway, as though the said road were a public 
highway. 

Section 6th. And be it further enacted, that the said matnta'uied. 
Corporation shall make a good and sufficient draw or 
passage-way, not exceeding thirty feet in width, which 
shall be well-lighted, whenever, and in such place as the 
Selectmen of Boston shall direct, for the passage of ves- 
sels, through which vessels and rafts may pass free of toll, 
the said draw to be raised, except for the passing of 
pleasure-boats, by said Corporation. 

Approved March 15, 1805. 

1804. — Chapter 107. 

[January Session, ch. 61.] 

AN ACT FOR THE INCORPORATING OF CERTAIN PERSONS, FOR 
THE PURPOSE OF MAKING, LAYING AND MAINTAINING SIDE 
BOOMS IN ANDROSCOGGIN RIVER. 

Whereas it appears, that the making and maintaining Preamble. 
of Side Booms in Andi^oscog gin-River from Androscog- 
gin Bridge to the narrows of said river, in Brunswick and 
Topsham, for the purpose of stopping and securing Masts, 
logs and other lumber which are drifted down said river, 
would be of great public, as loell as private advantage — 

Sec. 1. Be it therefore enacted, by the Senate and 
House of Representatives in General Court asseynbled, and 
by the authority of the same, that Thomas Thompson, Wil- ^o^we'd '°'^'"^' 
liam Stanwood, Elijah Hall, Paul Hall, Humphry Purin- 
ton, Cornelius Thompson, Trueworthy Kilgore, Francis 
Tucker, and Johnson Wilson and their associates, suc- 
cessors and assigns, be and they are hereby constituted 



146 



Acts, 1804. — Chapter 107. 



Corporate 
name. 



Meetings. 



Rules, &c. 



Landing-place 
to be provided. 



a corporation, for making, laying and maintaining Side 
Booms, in suitable and convenient places, in Androscog- 
gin Eiver, from Androscoggin Bridge to the narrows of 
said River, in Brmiswick and Topsham, so long as they 
shall continue proprietors of the fund raised, or which 
may hereafter be raised for that purpose, and shall be a 
body politic by the name of " The Proprietors of Side 
Booms in Androscoggin River," and by that name may 
sue and prosecute, and be sued and prosecuted to final 
judgment and execution, and may do and suifer all other 
matters and things which bodies politic may or ought to 
do and suifer ; and also may make have and use a com- 
mon seal, and the same again, at pleasure may break, 
alter and renew. 

Sec. 2d. And be it further enacted, that the said 
Proprietors, or any five of them, may, by an advertise- 
ment posted up at some place of public resort, in each of 
the said towns of Brunswick and Topsham, call a meeting 
of the said Proprietors, to be holden at some suitable 
time and place, not less than fifteen days after the posting 
up of said advertisement ; and the said Proprietors by a 
vote of the major part of the Proprietors present or rep- 
resented at said meeting, shall choose a Clerk, and other 
officers, as occasion may, from time to time, require, who 
shall be sworn to the faithful discharge of their respective 
trusts, and shall also agree upon a method for calling fu- 
ture meetings, of the said Proprietors ; and at the same, 
or any subsequent meeting, may make and establish any 
rules and regulations, that may be necessary and conven- 
ient, for eflTecting, completing, and executing the purposes 
aforesaid, or for collecting the fees hereafter granted ; and 
for breaches of said rules & regulations, may order and 
exact fines and penalties, not exceeding twenty dollars. 
Provided that the said rules and regulations, are not re- 
pugnant to the Constitution and Laws of this Common- 
wealth. And all representations made, at such meetings, 
shall be done in writing and signed by the person making 
the same, which shall be filed with, and recorded by the 
Clerk; and this Act, with all rules, regulations, and 
votes of the said Corporation, shall be truly and fairly 
recorded, by the said Clerk, in a book or books, for that 
purpose to be provided and kept. 

Sec. 3d. And be it fur titer enacted, that the said Cor- 
poration, shall, on or before the twentieth day of May, in 



Acts, 1804. — Chapter 107. 147 

each and every year, provide a sufficient and convenient 
landing place, for Gondolas and boats, at or near Mason's 
Rock, so called, in Brunswick; and it shall be the duty 
of said Corporation, after due notice received, to remove 
any obstruction, by timber or other lumber, by them se- 
cured, to the launching of Vessels, which may hereafter 
be built on the banks of said River. 

Sec. 4th. Ajid be it farther enacted, that the said ^e^s. 
Corporation, shall be entitled to, and receive of, the re- 
spective owner, or owners of logs and other lumber by 
them stopped in said river, rafted and properly secured 
for the owner, the following respective fees, vizt. For 
each mast, sixty six cents, for each log or logs, sufficient 
to make a thousand feet of boards, forty cents, for each 
boom, sixty six cents, for each bowsprit, sixty six cents, 
for each ton of Oak timber, thirty four cents, for each 
ton of pine timber, twenty five cents, for each hundred 
of ranging timber, sixteen cents, for each thousand of 
shingles, eleven cents, for each thousand of staves, six- 
teen cents, for each thousand of clapboards, sixteen cents, 
— and for any other kind of lumber, in the same propor- 
tion : Provided nevertheless, that the fees aforesaid, shall, 
at all times hereafter, be subject to the revision and alter- 
ation of the Legislature. 

Sec. 5th. And be it further enacted, that for secur- Lumber &c. 
ing and recovering the payment of the said fees respec- uufeela^epafd 
tively, it shall be lawful for the said Corporation, by their 
several Agents and servants to be appointed as aforesaid, 
to hold and retain any logs or other lumber, by them 
stopped in said River, rafted and properly secured for the 
owner as aforesaid, until payment, or tender of the said 
fees respectively which shall have, thereby, become due to 
the said Corporation. And it shall be the duty of the said 
Corporation, their agents and servants as aforesaid, on 
payment or tender of the fees as aforesaid, to restore and 
acquit to the owner or owners claiming the same, and pro- 
ducing if required, reasonable proof of his or her property 
therein, all such logs and other lumber, which shall be at 
any time stopjjed and secured as aforesaid ; and on failure 
thereof, the said Corporation, shall forfeit and pay to such 
owner or owners, double the value of such logs, or other 
lumber, so unlawfully detained as aforesaid, to be recov- 
ered by the said owner or owners by action to be com- 
menced and pursued, before any Justice of the Peace or 



or tendered. 



148 Acts, 1804. — Chapter 107. 

other Court within the County, having jurisdiction of such 

suit. 
heid,^*o'^'be''ad. Sec. 6th. And be it further enacted, that if within 
loid'after a*^ fivc months, from the time of securing such logs, or other 
certain time. lumber, no owner or owners shall appear to claim and re- 

and the disposal ..i n ir- /• -t-ihi 

ofthe proceeds ccivc the samc, and pay the lees as aioresaid, it shall be 
the duty of the said Corporation, their agents and ser- 
vants as aforesaid, to publish and advertise, for the space 
of twenty one days at the least at some public place in 
each of the towns of Topsham and Brunswick and also in 
one of the News-papers printed in Portland, all such re- 
maining logs, and other lumber, and describe the same as 
nearly as may be, with the marks appearing thereon. 
And if after the expiration of thirty five days, from the 
time of posting up such advertisements, no owner or 
owners shall appear as aforesaid, all such logs or other 
lumber shall be sold and disposed of, at public vendue, 
for the most that can be obtained, and the proceeds of 
such sale shall be retained and held, by the said Corpora- 
tion for the space of one year thereafter ; and any per- 
son or persons, within that time, proving his, or their 
property in the said logs or other lumber, which have 
been sold as aforesaid, shall be entitled to the overplus of 
such proceeds after deducting the respective fees, due for 
saving the same, together with all reasonable charges, 
incurred by such advertisements and sale. And if no 
owner or owners shall appear within that time, the said 
overplus shall be paid, one half into the Treasury of the 
County of Cumberland, and the other half into the Treas- 
ury of the County of Lincoln. Provided always, that 
the Clerk of the said Corporation, shall lodge with the 
Clerks of each of the Towns of Brunswick and Topsham, 
within ten days after such sale, a memorandum in writing, 
of the said logs or other lumber, describing the same, as 
nearly as may be, and an account of the proceeds of the 
sale thereof, signed by the Clerk, or one of the Agents 
or Officers of the said Corporation, for the time being. 

Approved March 15, 1805. 



Acts, 1804. — Chapter 108. 149 



1804. — Chapter 108. 

[January Session, ch. 62.] 

AN ACT TO INCORPORATE HANNAH BALCH, SARAH THOMP- 
SON AND OTHERS INTO A SOCIETY, BY THE NAME OF THE 
NEWBURY PORT FEMALE CHARITABLE SOCIETY. 

Whereas Hannah Balch, Sarah Thompson and a 7ium- Preamble. 
ber of other Ladies of the town of Newhuvyport have 
associated for the Charitable purpose of rescuing from 
Poverty and Vice, instructing and employing , <& training 
up to Virtue and usefulness, female Orphan Children; 
and to carry their association into effect have petitioned to 
he incorporated: 

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 Hannah Balch, Persons incoi- 
Sarah Thompson and their associates, together with such 
others as may become subscribers to the same institution 
in the manner herein after provided, be, and they are in- 
corporated into a society, by the name of The Newbury- corporate 
port Female Charitable Society, and by that name shall °*™®' 
be a corporation forever, with power to have a common 
seal ; to make contracts, relative to the objects of their 
institution ; to sue and be sued, to establish byelaws and 
orders for the regulation of the said Society, and the 
preservation and application of the funds thereof, pro- 
vided the same be not repugnant to the Constitution or 
Laws of this Commonwealth ; to take, hold and possess 
an}'^ estate, real or personal, by subscription. Gift, Grant, 
Purchase, devise or otherwise, free from taxes, and the 
same to improve, lease, exchange, or sell and convey, for 
the sole benefit of said institution, provided the Value of 
the real estate of said Society shall never exceed Thirty 
Thousand Dollars, and the annual income of the whole 
estate of said Society shall not exceed twenty thousand 
Dollars. 

Sect. 2d. And he it further enacted. That every mar- The husband of 
ried woman belonging to said Society, who shall, with the %^ouQiV\>\etot 
Consent of her husband, recieve any of the money or other money received 
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 two dollars 



150 



Acts, 1804. — Chapter 108. 



Annual meet- 
ingB; choice of 
officers, &c. 



Special meet- 
ings. 



Treasurer to be 
a single wocnan. 



Powers and 
duties of board 
of managers. 



annually shall, by subscription and payment, become a 
member of said Society, liable however to be removed, 
whenever she shall refuse or neglect to pay her said an- 
nual subscription. 

Sect. 3. And be it further enacted. That the said So- 
ciety shall meet in Newburyport on the second tuesday 
in June annually, for the purpose of electing, by ballot, 
from their members a Treasurer, and a board to consist 
of not less than nine, nor more than twelve Managers ; 
which board shall elect from among themselves, a first 
and Second Directress, a Secretary and any other need- 
ful Officers, 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 pub- 
lish a notification of the time and place of each annual 
meeting in one or more of the Newspapers printed in 
Newburyport at least seven days before the time of hold- 
ing the same. Upon any urgent occasion, the first or 
second Directress, or, when requested in writing by thirty 
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 
special meeting of the board of managers seven days 
previously notified by the Secretary for that purpose, at 
the request of the first and second Directress, or any 
seven of their number ; they may remove any manager 
from Office, and by ballot fill any Vacancy so made, or 
by death, provided that in case of removal or otherwise, 
two thirds of their whole number shall concur. 

Sect. 4. And he it further enacted. That the Treas- 
urer of said Society shall always be a Single woman, of 
the age of twenty one years or upwards, and shall give 
bond, with sufficient surety or Sureties, to account an- 
nually, or oftener if required by said society, or the 
board of managers, for all money and property of said 
Society coming to her hands, and in general to discharge 
the duties of her said Office with fidelity. 

Sect. 5. And he it further enacted, That the board of 
managers for the time being, shall have the management 
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 So- 



Acts, 1804. — Chapter 108. 151 

ciety except in pursuance of the order of the said board 
of managers. They shall likewise have authority, at 
their discretion, to take into their Asylum such Female 
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 care and direction of said Society ; and to 
liind 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 Chil- 
dren, who, being destitute of Parents within this Com- 
monwealth, shall have been relieved and supported by 
said Society ; provided, that any parent, whose Child or 
Children, during the absence of their said parent out of 
this Commonwealth, shall have recieved relief and sup- 
port, 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 and byelaws for the regulation of the proceedings 
of said board, and the concerns of said Society, not re- 
pugnant 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 busi- 
ness ; and all questions shall be decided by the votes of 
a majority of the managers present. 

Sec. 6. And be it further enacted, that any writ or Service of a 
process against said Corporation may be served by the ^^i^onftion/^* 
OflScers leaving an attested Copy thereof with the Treas- 
urer 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 attor- 
ney, and defend or prosecute any suit in behalf of said 
Society. 

Sec. 7. And be it further enacted. That all instru- contracts. 
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. 



152 



Acts, 1804. — Chapter 109. 



First officers. gg^T. 8. And be it further enacted, That Hannah Balch 

shall continue first directress ; Sarah Thompson second 
Directress ; Margaret Atwood, Treasurer ; Hannah Bart- 
lett Secretary ; Anne Norton, Dorcas Noyes Junr., Mary 
Gage, Elizabeth Epes Carter, Susanna Coffin, Elizabeth 
Jenkins, and Rebecca Marquand, managers until the sec- 
ond Tuesday in June next, and until a new Election shall 
be made as aforesaid ; and shall be, & they hereby are 
invested, during said time, with all the powers which are 
herein given to. said Officers, respectively who shall be 
elected pursuant to this act. Approved March 15, 1805. 



Peraone incor- 
porated. 



Corporate 
name. 



Width of 
bridge, &c. 



1804. — Chapter 109. 

[January Session, cli. 63.] 

AN ACT TO INCORPORATE CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER CATHANSE RIVER IN 
THE COUNTY OF LINCOLN. 

Sec. 1st. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Zaccheus Beal, Josiah Colby, 
James Fulton, Elihu Getchel, Robert Patten, David Pat- 
ten, William Patten, Thomas Reed, Joseph Sprague, and 
James Sampson, together with such others, as have or 
may hereafter, associate with them, and their successors, 
be and the}'^ are hereby constituted and made a Corpora- 
tion and body politic by the name of The Proprietors 
of Cathanse Bridge, and by that name, may sue and be 
sued, to final judgment and execution, and may do and 
suffer all such matters, acts and things, which bodies pol- 
itic may and ought to do and suffer. And the said Pro- 
prietors shall be, and they hereby are authorised to erect 
a bridge over the said Cathanse river, at the termination 
of the road, lately laid out and accepted by the town of 
Topsham to the landing in Bowdoinham. And the said 
Bridge shall be well built, of good and durable materials, 
at the least twenty four feet wide, with a draw not less 
than thirty feet in width which shall be constantly at- 
tended and at all times be opened by the Proprietors of 
the said Bridge when required, through which, vessels 
may pass both by day and by night without toll — and 
said bridge shall be twelve feet high at the least, above 
high water across the Channel. And the said bridge shall 
be well planked and safely railed : and the said Corpora- 



Acts, 1804. — Chapter 109. 153 

tion shall be liable to pay all damages, which may happen 
to any person, from whom the toll is demandable, for any 
damage which shall come from any defect or want of re- 
pair, in the said bridge upon a presentment of the Grand 
Jury of the County of Lincoln. 

Sec. 2d. Be it further enacted, that for reimbursing Toiiestab- . 
to the said Proprietors, their expences in building the 
said Bridge a Toll be and hereby is granted & established, 
for the sole benefit of the said Proprietors, according to 
the rates following, Vizt. For each foot passenger, two 
cents — for each horse and rider, six cents — for each 
horse and chaise, chair, sulkey, or other two wheel car- 
riage for pleasure, ten cents — for each coach, chariot, 
phaeton, curricle, or other four wheel carriage for pleas- 
ure, drawn by two horses, twenty five cents, and if drawn 
by more than two horses, four cents for each horse — for 
each cart or waggon, sleigh or sled for burthen drawn by 
one })east, six cents — and if drawn by two beasts, eight 
cents, and if drawn by more than two beasts, two cents 
for each beast, for all horses, or neat cattle, singly, or in 
droves, two cents each, and for sheep and 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 be attending his 
duty, the passenger or carriage may pass free of toll. 
And the said toll may be commuted with any person or ToUmaybe 

.,1 r-< j_' 1 i 1 • r- I • commuted. 

persons, or with any Corporation, by taking or him or 
them, a certain sum annually as may be mutually agreed 
on, in lieu of the toll aforesaid. And after thirty years, 
from the opening of the said Bridge, the General Court 
may regulate anew, the rates of toll receivable thereat. 
And the Proprietors shall erect, and constantly keep in a Bign-board. 
conspicuous place, and fairly exposed to view, a sign or 
board, expressing all the tollable articles, and the rate of 
toll for each article, legibly written or printed thereon, 
in large or capital letters. Provided Jioivever, that if the 
said Proprietors shall for the space of four years, neglect 
to finish the said Bridge, in a Safe and convenient man- 
ner for passing, then this Act shall be null and void. 

Sec. 3d. And be it further enacted, that any three of First meeting. 
the persons beforenamed, may call the first meeting of the 
said Proprietors by an advertisement in the Portland Ga- 
zette, in three successive papers, the last publication to 
be at least fifteen days before the time appointed in such 



154 



Acts, 1804. — Chapter 110. 



hlwr&c^^^' advertisement, for said first meeting. And the said Pro- 
prietors by a vote of the majority of those present or 
represented at said meeting, 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 subsequent meeting or meetings, 
may elect such other officers, and make and establish such 
bye-laws and rules, as to them may appear necessary or 
convenient for the regulation and ijovernment of the said 
Corporation, and for collecting the toll herein granted, 
and may annex penalties for the breach of any of their 
rules and bye laws, not exceeding five dollars. And all 
representations made at said meetings shall be done in 
writing and filed with the Clerk, and this Act with all 
the votes and proceedings of the said Corporation, shall 
be fairly and truly recorded by said Clerk in a book or 
books for that purpose to be provided and kept. 

Appj'oved March 15, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



1804. — Chapter 110. 

[January Session, ch. 64.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE BATH BRIDGE AND TURNPIKE CORPORATION. 

Sect. 1. Be it enacted hy the Senate and House of 
Representatives^ in General Court assembled, and by the 
authority of the same, that Peleg Tollman, Dummer 
Sewall, Joshua Shaw, William Webb, Samuel Davis, 
Mark L. Hill, James Curtis, Isaiah Crooker, Dudley B. 
Hobart and William King, together with such others as 
may hereafter associate with them, and their successors 
and assigns, shall be a Corporation, by the name of the 
Bath Bridge and Turnpike Corporation, and shall have 
all the powers and priviledges which are usually given to 
similar Corporations, for laying out and making turnpike- 
roads, and keeping the same in good repair, for the pur- 
pose of laying out and making a turnpike-road from Bow- 
doin College, in Brunswick, to the new Meeting-House in 
Bath, upon as straight a line as circumstances will admit, 
and a Bridge over New Meadows River in the same 
course. And the said turnpike-road shall not be less 
than four Rods wide, & the part to be travelled on not 
less than twenty ^-four feet wide in any part thereof ; and 
when the road shall be sufficiently made, and shall be so 



Acts, 1804. — Chapter 110. 155 

allowed and approved by a Committee appointed 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 turnpike,) 
then the said Corporation shall be authorized to erect 
two turnpike-^ates on the said road and Bridge, in such Two gates 

11 ji • 1 /^ . ^ T allowed. 

manner and place as the said Corporation may judge nec- 
essary and convenient for collecting the toll, provided 
that said Turnpike Gates be not erected on any road here- 
tofore travelled. 

Sect. 2. And be it further enacted^ that the said Cor- corporation 
poration may purchase and hold land over which they "ndVow'^ian^d, 
may make the Said road ; and the Justices of the Court ^*'" 
of General Sessions of the Peace in the County of Lin- 
coln, are hereby authorized, on the application of the said 
Corporation, 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 tak- 
ing 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 provission for the recovery of damages aris- 
ing from the laying out of highways ; and 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. 

Sect. 3d. And he it further enacted^ that it shall be Touestab- 
lawfull 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 
by more than two oxen or horses, an additional sum of 
three Cents for each ox or horse ; for every curricle, fif- 
teen Cents ; for every chaise, chair or other carriage, 
drawn by one horse, twelve and 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 



156 



Acts, 1804. — Chapter 110. 



Provision for 
wagons with 
broad fellies. 



Penalty for in- 
juring tiie gate 
or road. 



Penalty for de- 
laying travellers 
or exacting ex- 
cessive toll. 



sum of two Cents for each ox or horse ; for every Sled or 
sleigh, drawn by one horse, six Cents and a quarter; for 
all horses, mules, oxen or neat cattle, led or driven, be- 
side those in teams or carriages, one cent each ; for every 
foot passenger at the gate of said Bridge, three Cents ; 
and for all Sheep and 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, by taking of 
him or them a certain sum annually, to be mutually 
agreed on, in lieu 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 view, a sign-board, with the rates 
of toll of all the tollable articles, fairly and legibly writ- 
ten thereon, in large or capital characters : Provided also, 
that not more than half the rate of toll aforesaid shall be 
demanded for carts and 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 and waggons, according to the width of the fel- 
lies of the wheels on which they shall run, and the bur- 
then they shall carry. 

Sect. 4. 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 
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 and pay a fine not exceeding ten dol- 
lars, nor less than five dollars, to be recovered by the 
treasurer of the said Corporation, to their use, in an 
action of trespass. 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 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 treasurer of the said Corporation, to the use of the 
same, in an action of debt. 

Sect. 5. 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 



Acts, 1804. — Chapter 110. 157 

passenger, or shall demand and 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 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 individual 
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 dam- 
ages which may happen to any person from whom the toll 
is demandable, for any damage which may arise from de- 
fect 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. 

Sect. 6. And be it further enacted^ that whenever shares of de- 
any Proprietor shall neglect or refuse to pay any assess- prie"oK toTe 
ment duly voted and agreed upon by said Corporation, *°''^* 
to 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 su»h sale in one of the newspapers printed at 
Portland, the sum due on any such shares, and the time 
and place of sale ; and such sale shall be a sufficient trans- 
fer of the share or shares so sold, to the person purchas- 
ing the same, and 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 by the 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 shares were so sold. 

Sect. 7. And he it further enacted, that the said Cor- Account of cost 
poration shall, within six months after the road is com- annual state- 
pleted, lodge in the Secretary's Office an account of the Sbite'd!*^ 
expences thereof; and that the said Corporation shall 



168 



Acts, 1804. — Chapter 111. 



Corporation 
may be dis- 
solved when 
indemnified 
with interest. 



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 disbursments 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 and to the inspec- 
tion of the Governor and Council when called for. 

Sect. 8. And be it further enacted, that the General 
Court may dissolve the said Corporation, whenever it 
shall appear to their satisfaction that the income arising 
from the toll shall have fully compensated the said Cor- 
poration 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 however, that if the said Corpo- 
ration shall neglect to complete the said turnpike-road, 
for the space of five years from the passing this act, the 
same shall be void and of no effect. 

Approved March 15, 1805. 



Preamble. 



Persons incor- 
porated. 



Corporate 
name. 



1804. — Chapter 111. 

[January Session, ch. 65.] 

AN ACT FOR INCORPORATING CERTAIN PERSONS FOR THE 
PURPOSE OF BUILDING A BRIDGE OVER KENNEBECK 
RIVER AT SKOWHEGAN FALLS IN THE TOWN OF CANAAN. 

Whereas the erecting a Bridge over Kenneheck river at 
Sliowhegan Falls would be of great public utility, and 
Daniel Steward and others have petitioned this Court for 
an act of incorporation to empower them to build said 
Bridge. 

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 Daniel Steward, Bryce 
McClellan, Seth Currier, Judah McClellan, and James 
Bridge, with all those who have associated for the pur- 
pose, together with all those who shall hereafter become 
Proprietors io said Bridge, shall be a Corporation and 
Body Politic under the name of " The Proprietors of 
Skowhegan Bridge " and by that name may sue and pros- 
ecute, be sued and prosecuted, to final judgment and exe- 
cution, and do and suffer all other acts and thinsfs which 



Acts, 1804. — Chapter HI. 159 

bodies politic may and ought to do and suffer, and that 
said Corporation shall have full power and authority to 
make have and use a common seal, and the same to break, 
alter and renew at pleasure. 

Sect. 2. A7id be it further enacted, that Daniel Stew- First meeting. 
ard and Bryce McClellan may by advertisement in the 
Kenebeck Gazette, printed in Augusta by Peter Edes, 
warn and call a meeting of the aforesaid proprietors, to 
be holden in Canaan aforesaid, at any suitable time after 
fourteen days from the publication of such advertisement, 
and the said Proprietors by a vote of a majority of those 
present, accounting and allowing one vote to each share 
(provided no person shall be entitled to more than ten 
votes) shall choose a Clerk, who shall be sworn to the 
faithful discharge of his office ; also may at the same, or 
at any subsequent meeting, choose such other officers, as 
may be found necessary for managing the business of said 
Corporation ; and shall agree on a method of calling future 
meetings ; and at the same or at any subsequent meeting 
may make and establish such rules and regulations as 
shall be deemed convenient or necessary for regulating 
said Corporation, effecting completing and executing the 
purposes aforesaid ; and for collecting the toll herein 
granted ; and the same rules and regulations may cause 
to be observed and executed, and for the breach of any of 
them, may order & enjoin fines and penalties not exceed- 
ing thirteen dollars and thirty three Cents ; provided that 
said rules and regulations be not repugnant to the Laws 
and Constitution of this Commonwealth. 

Sect. 3d. And be it farther enacted by the authority 
aforesaid, that the said Bridge shall be erected, placed & brid''"°°°'^ 
extended as follows to wit, from the northwardly bank of 
said Kennebeck river to Skowhegan Island, and from 
said Island to the Southwardly bank of said river, near 
the Store occupied by Seth Currier, shall be built of 
good and sufficient materials, not less than twenty four 
feet wide, and well covered with plank or timber suitable 
for such a Bridge, with sufficient rails on each side for the 
safety of passengers. 

Sect. 4th. And be it enacted by the authority afore- 
said, that for the purpose of reimbursing the said Pro- Toiiestab- 
prietors of Skowhegan Bridge, the money expended and 
to be expended in building supporting and keeping in re- 
pair the said Bridge, and for indemnifying them for their 



160 



Acts, 1804. — Chapter 111. 



Duration of 
the toll, &c. 



Time for build- 
ing the bridge. 



risque, a toll be and hereby is granted and established for 
the sole benefit of said Corporation according to the rates 
following viz., for each foot passenger or one person pass- 
ing said [said] Bridge two Cents ; one person and horse, 
Six Cents, and a quarter of a Cent ; single horse cart, sled 
or sleigh twelve Cents and a half Cent ; each wheelbarrow, 
hand cart, and every other vehicle capable of carrying a 
like weight four Cents ; each team including Cart, sled 
or sleigh drawn by more than one beast and not exceed- 
ing four, twenty five Cents, and for every additional 
beast, above four, two Cents ; each single horse and 
chaise, chair or sulky twenty Cents ; each Coach Chariot 
Phaeton and curricle, thirty seven Cents and a half Cent ; 
neat cattle and horses, exclusive of those rode on or in 
carriages, or in teams, two Cents each ; Sheep and swine 
for each dozen six Cents and a quarter of a Cent, 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, and to 
each team, one man and no more, shall be allowed as a 
driver to pass free from payment of toll, excepting all per- 
sons, who shall actually be on military duty shall be per- 
mitted with their baggage to pass said Bridge free of toll, 
and at all times when the toll gatherer shall not attend his 
duty at the said Bridge, the gate or gates shall be left 
open. And the said toll shall commence on the day of 
the first opening of the said Bridge for passengers, and 
shall continue for and during the term of seventy five 
years from the said day, and be collected as shall be pre- 
scribed by said Corporation : Provided the said proprie- 
tors shall at all times keep the said Bridge in good and 
passable repair, and at the end of said term of Seventy 
five years, the said Bridge shall be delivered over in good 
repair to, and for the use of this Commonwealth. Pro- 
vided also that at the place where the toll shall be col- 
lected, there shall be erected by the said Corporation and 
constantly exposed to open view a board or sign upon 
which shall be written the rates of toll and all the tollable 
articles in large or capital letters. 

Sect. 5th. And be it further enacted, that if the said 
Corporation shall neglect or refuse for the space of seven 
years from the passing of this act to build and complete 
said Bridge then this act shall be void, and of no effect. 

Approved March 15, 1805. 



Acts, 1804. — Chapter 112. 161 



1804. — Chapter 113. 

[January Session, ch. 66.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT TO 
REPEAL IN PART, AND FOR MAKING FURTHER ADDITIONS 
TO THE ACT, ENTITLED "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," PASSED MARCH THE NINTH EIGHTEEN HUN- 
DRED AND FOUR." 

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 shall be added a third ™^ct1ed'fifh 
quality to the pickled fish called Salmon, Shad, and established. 
Mackerell, which shall consist of the poorest, and thinnest 
of those kinds of pickled tish, that are sweet and whole- 
some, which shall be branded Cargo No. three ; and 
the Heads of all casks containing pickled Fish, shall be 
plained on the out side, that the brands may be fair and 
legible. 

Sec. 2. Be it further Enacted, thart all persons in Owners to 
this Commonwealth, who shall have fish for packing and ""'* "° ** 
pickling, either in bulk or in Cask, to the amount of 
twenty barrels in one season, such owners shall furnish 
the Inspector General, or his Deputies, with a branding 
Iron, containing the first letter of their Christian name, 
and their surname at large ; and the Inspector General or 
his Deputies, shall cause the name of such owner to be 
fairly branded on the head of every Cask of their in- 
spected fish ; and if any such owner of fish shall refuse 
and neglect to furnish the Inspector, or his Deputy, with 
such brand as aforesaid, he or they shall forfiet and pay 
not less than five dollars, nor more than twenty dollars, 
for such oflence, which fines shall be recovered and appro- 
priated as is provided for fines and forfeitures in the first 
Act, to which this [is] in addition. 

Sec. 3d. Be it firther enacted, that all Bills for the Fees. 
legal fees of Inspection and Certificates, which are to be 
paid by the Exporter, as provided in the seventh section 
of 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 Common- 



162 



Acts, 1804. — Chapter 113. 



wealth, and to repeal all laws heretofore made for this 
purpose, shall, in the first instance, be paid by the owner 
or employer, to the Inspector General, or his Deputies, 
and all such owners of pickled fish are hereby authorized 
and impowered to demand and recover such legal fees 
from the Exporter, and this Act shall be in full force, and 
operation from, and after the first day of May next. 

Apiwoved March 15^ 1805. 



New terms. 



Business trans- 
ferred. 



Laws repealed. 



1804. — Chapter 113. 

[January Session, ch. 67.] 

AN ACT FOR DETERMINING THE TIMES AND PLACES FOR 
HOLDING THE SEVERAL COURTS OF COMMON PLEAS IN 
THE COUNTY OF YORK. 

Sec. 1. Be it enacted hy the Senate and House of 
Rej)resentatives, in General Court assembled, and by the 
authority of the same, That from and after the passing of 
this Act — the times and places for holding the Courts of 
Common Pleas, within and for the County of York shall 
be as follows, vizt. at York, within and for the County of 
York, on the fourth Monday of April; — at Waterbor- 
ough, within and for the County of York, on the fourth 
Monday of August; — at Biddeford, within and for the 
County of York, — on the first Monday of December. 

Sec. 2. Be it further enacted. That all actions, Suits, 
writs, processes, appeals, & recognizances, already taken, 
commenced, sued out or made ; or that hereafter may be 
commenced, sued out or made returnable at York, on the 
third tuesday of April next, or on the third Monday of 
April next ; — And all Actions suits, processes recogni- 
zances and prosecutions of every kind, now pending, or 
that may be pending, in the Court of Common Pleas 
which was to be holden at York, aforesaid, on the third 
Tuesday of April next, or on the third Monday of April 
next, shall be returnable to, entered, proceeded upon, & 
tried before the said Court, to be holden by virtue of this 
Act, at York on the fourth Monday of April next. 

Sec. 3. Be it further enacted, — That all the Laws 
heretofore made, & now in force, determining the times 
for holding the several Courts aforesaid, be, and the same 
hereby are repealed. Approved March 15, 1805. 



Acts, 1804. — Chapters 114, 115. 163 

1804. — Chapter 114. 

[January Session, ch. 68.] 

AN ACT IN ADDITION TO THE ACTS FOR INCORPORATING 
SUNDRY PERSONS FOR THE PURPOSE OF BUILDING A 
BRIDGE OVER MERRIMACK RIVER AT PATUCKET FALLS 
BETWEEN THE TOWNS OF CHELMSFORD AND DRACUT, IN 
THE COUNTY OF MIDDLESEX, AND FOR SUPPORTING THE 
SAME. 

Sec 1. Be it enacted by the Senate and House of 
Repi'esentatives in General Court assembled^ and by the 
authority of the same, That the following rates of Toll be, Additional ton. 
& hereby are, established for the benefit of the Proprie- 
tors of the said Bridge, in addition to the rates of Toll 
heretofore established : For each foot passenger five Milles 
— For each horse & rider One cent & five milles ; for each 
additional rider. One cent ; for each cart or other carriage 
of burthen drawn by One beast, two cents & five Milles ; 
for each waggon cart or other carriage of burthen drawn 
by two beasts seven cents and five Milles ; for each addi- 
tional beast one cent ; for each coach, chariot, Phfeton 
or other four wheel carriage for passengers seven cents ; 
for each curricle, three cents ; for horses and neat Cattle 
one cent each ; for Sheep and Swine five Milles each ; for 
a wheel barrow & hand cart, with one person one cent ; for 
each horse-chaise, chair or Sulkey four cents & five Milles. 

Sec. 2. A7id be it further enacted, That no toll shall Exceptions, 
be demanded from any person or persons passing on mil- 
itary duty. Approved March 15, 1805. 

1804. — Chapter 115. 

[January Session, ch.69.] 

AN ACT FOR FIXING THE TIMES AND 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 New terms. 
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 in January, July, September 
and November, and on the second Tuesdays of March and 



164 Acts, 1804. — Chapter 116. 

May, annually ; at Concord, on the first Tuesdays in Feb- 
ruary, June, August, October, and December, — and on 
the second Tuesday in April, annually ; — at Framingham, 
on the third Tuesday in January, and second Tuesday in 
June, annually ; — at Woburn, on the third Tuesday in 
April, annually ; and at Groton, on the third Tuesdays 
in May and October, annually. 
pealed.' &c! '"" Sec. 2. Be it further eyiacted. That no Courts of Pro- 
bate shall be holden within or for said County of Mid- 
dlesex, except those commencing on the days, and at the 
places aforesaid, any usage or custom to the contrary 
notwithstanding ; — And that an Act for fixing the times 
and places of holding Courts of Probate within and for 
the County of Middlesex, passed on the eighth day of 
March in the year of our LORD One thousand eight 
hundred and three, be, and hereby is repealed. 

Aj^proved March 15, 1805. 

1804. — Chapter 116. 

[January Session, ch. 70.] 

AN ACT TO CONTINUE IN FORCE AN ACT ENTITLED AN ACT 
TO INCORPORATE SUNDRY PERSONS BY THE NAME OF THE 
PRESIDENT AND DIRECTORS OF THE NANTUCKET BANK. 

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 and Body Politick cre- 
ated by an Act, entitled an Act to incorporate sundry 
persons by the Name, and Style of the President and 
Directors of the Nantucket Bank, may and shall continue 
to be a Corporation, and body politic untill the last day 
of June next, in the same manner, as if the said Corpo- 
ration 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, to incorporate sundry persons by the Name of 
the President and Directors of the Nantucket Bank, 
passed the first day of March, in the Year of our Lord 
one thousand seven hundred and Ninety-seven, together 
with all the priviledges and immunities granted to the 
said Corporation, in and by the said several Acts, and 
all the duties, conditions and limitations therein imposed, 
shall be, and continue in force untill the said last day of 
June next ; any thing in the said several Acts to the con- 
trary notwithstanding. Approved March 15, 1805. 



Acts, 1804. — Chapters 117, 118. 165 

1804. — Chapter 117. 

[January SessioD, ch. 71.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED "AN ACT IN 
ADDITION TO AN ACT, ENTITLED AN ACT IN ADDITION TO 
THE SEVERAL ACTS FOR REGULATING ELECTIONS AND FOR 
REPEALING THE FIRST SECTION OF SAID ACT." 

Sec 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that any meeting mentioned in the Town meetings 
first section of the act, entitled An Act in addition to an MrHe^Ahar**^ 
Act, entitled an Act in addition to the several Acts for ^^f^^'>^°^^- 
regulating elections, and for repealing the first section of 
said Act, passed March the seventh, one thousand eight 
hundred and three, in any town, where the number of 
qualified voters shall exceed five hundred, may be opened 
at an earlier hour than eleven of the Clock in the fore- 
noon, of the day of Election, at the discretion of the 
Selectmen of such town, any thing in said Act to the con- 
trary notwithstanding. 

Sec 2. And be it further enacted, that in any town, selectmen to 
where the number of qualified Voters shall exceed one eVideJce of the 
thousand, it shall be the duty of the Selectmen of such ^f vS"°°* 
town to be in session at some convenient place, on the 
day immediately preceding such meeting, and where this 
shall happen on Sunday, then on the Saturday imme- 
diately preceeding such meeting, and for a time as much 
longer, previous to said day, as they shall judge necessary, 
to receive the evidence of the qualifications of persons 
mentioned in the first Section of the Act to which this is 
an addition. Approved March 15, 1805. 

1804.— Chapter 118. 

[January Session, ch. 72.] 

AN ACT TO ESTABLISH A CORPORATION, BY THE NAME OF 
THE TYRINGHAM AND LEE TURNPIKE CORPORATION. 

Section 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That Roswell Richards, Seth Phil- ^orS'"""""" 
lips, John Hulet, Hurd Price, Samuel Davis, Samuel ^'"*^' 
Phillips, Benjamin Prichard, Thomas C. Judd, George 
Heath, Roswell Bill, Samuel Hulet, Stephen Couch, Dan- 
iel Couch, Isaac Webster, Owen Swift, John Keep, 



166 



Acts, 1804. — Chapter 118. 



Corporate 
name. 



Course of the 
road. 



Gate allowed. 



Joseph Lillie, Abel Hall, Abijah Merrell, Samuel Hulet 
(of Lee) James Whitehead, Horatio G. Brown, Abra- 
ham Howk (of Lee) Joseph Rhoades, Elijah Peet, Elijah 
Kilborn, Job Hall, Jeremiah Leamino:, Daniel Phelps, 
Nathaniel Rice, Jonathan Smith, Eli Pichcet, Aaron 
Chapin, Joseph Buel, Ezra D. Roys, Asa Marhcham, 
Grove Smith, John Garfield, David Hobbs, Penuel Hobbs, 
Samuel Barker Junr., Alexander Barber, Elijah Heath, 
John Couch Junr., & Silvanus Hulet, together with such 
persons as may hereafter associate with them, and their 
successors and assigns, shall be a Corporation, by the 
name of the Tyringham and Lee Turnpike Corporation, 
and by that name may sue and prosecute, and be sued 
and prosecuted, unto final judgment and Execution ; and 
have and use a Common Seal ; and exercise and Enjoy 
all other powers and priviledges, which are incident and 
usually given to similar corporations ; for the purpose of 
laying out, making, and keeping in good repair, a turn- 
pike road, between Tyringham and Lee, in the County 
of Berkshire, as folio weth ; begining at the termination 
of the Sheffield and Tyringham Turnpike, near the dwell- 
ing house of Joseph Buel in Tyringham aforesaid, thence 
northerly, by the most favourable route, to near the 
dwelling House of Roswell Richards, in said Tyringham, 
thence by the most favourable route, to the notch of the 
mountain, north of the dwelling house of Eli Pichcet, in 
said Tyringham, thence by the most favourable route, to 
near the dwelling house of Benjamin Prichard, in Great 
Barrington, thence, by the most favourable route, to near 
the dwelling House of Joseph Rhoades in said Great 
Barrington, thence, by the most favourable route, to near 
the dwelling house of Royal Hulbert, in Lee, thence by 
the most favourable route, to the road leading from Stock- 
bridge to Springfield, near Lee Forge Bridge (so called) 
in Lee. And the said road shall not be less than four 
rods wide, and the path to be travelled on, not Less than 
twenty feet wide, in any part thereof. And when the 
said turnpike road shall be well and sufficiently made, 
and shall be so approved by a Committee to be appointed 
by the Court of Common Pleas, within and for, the 
County of Berkshire, then the said Corporation shall be 
authorized to erect one turnpike gate, on the said road, 
in such place and manner as shall be appointed by a Com- 
mittee of the Court of Common Pleas within and for said 



Acts, 1801. — Chapter 118. 167 

County of Berkshire ; provided that said turnpike gate 
shall not be erected on any road at present travelled. 

Section 2. Be it further enacted. That the said Cor- corporation 
poration may purchase & hold land, over which they may c^Yh^man^f 
make said road ; and the Justices of the Court of General ^^ damages^'^ 
Sessions of the Peace within and for said County, are wheresameu 

1 • 1 1 • • CI • 1 /-"^ taken without 

hereby authorized, on the application of the said Corpo- agreement. 
ration, to lay out the said road, or any part thereof, as 
they, with the consent of said Corporation, shall think 
proper by a Committee appointed by said Court; 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 hQ obtained by volun- 
tary agreement) to be estimated by said Committee saving 
to either party the right of trial by jury, according to the 
law which makes provision for the recovery of damages 
arrising from laying out high ways ; and if said Jury 
shall encrease the damage estimated by such Committee, 
the said Corporation shall be holden to pay the cost of 
such Jury trial. 

Section 3. Be it further enacted. That it shall be Toiieetab- 
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, twelve cents, and five 
mills, and if drawn by more than two oxen or horses, the 
additional sum of three Cents for each ox or horse ; for 
every curricle, chaise, chair, or other carriage drawn by 
one horse, twelve Cents and five mills ; 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 additional 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, 
one cent each ; for all sheep or swine, at the rate of three 
cents per dozen ; Provided, that said corporation may, if 
they see fit commute the rate of toll with any person, or 
with the Inhabitants of any town, by taking of him or 
them, a certain sum annually, to be mut[w]ally agreed 
upon, in lieu of the toll aforesaid. Provided that not 



168 



Acts, 1804. — Chapter 118. 



Penalty for in- 
juring the gate 
or road. 



Penalty for de- 
laying travel- 
lers, &c. 



more than half the Toll before mentioned shall be paid 
for any Cart or Waggon the Fellies of the wheels of 
which shall not be less than six Inches broad and that the 
General Court may hereafter regulate the Toll on Carts 
and Avaggons according to the width of the Fellies of the 
wheels on which they shall run and the Burthen they shall 
carry. 

Section 4. 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 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 dol- 
lars, to be recovered by the treasu[r]er of said Corpora- 
tion, to their use, in an action of trespass. And if any 
person, with his team, cattle, or horse, shall turn out of 
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 treasurer of said Corporation, to 
the use of the same in an Action of Debt. Provided^ 
however, 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 [i][o]f any 
person for himself or his servants, horses, cattle, sheep, 
team, Cart, Sled or Sleigh passing to or from his farm or 
land ; or of any person passing to or from Mill, or on the 
common and ordinary business of Family concerns, or on 
Military duty. 

Section 5. Be it further enacted, That if the said 
Corporation, or their toll gatherers, or others in their 
employ 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 for- 
feit & pay a sum not exceeding ten dollars, nor less than 
five dollars, to be recovered before any Justice of the 
Peace for the County of Berkshire, by any person in- 
jured, delayed or defrauded, in a Special Action on the 
case ; the writ in which case shall be served on the said 
Corporation, by leaving a Copy of the same with the 
treasurer, or with some individual member, living within 



Acts, 1804. — Chapter 118. 169 

the County of Berkshire, or by reading the same to the 
said treasurer or individual member, at least seven days 
before 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 Cor- 
poration shall be liable to pay all damages which may 
happen to any person from whom toll is demandable, for 
any injury which may be occasioned by defect of Bridges, 
or want of repairs in said way ; and shall be also liable 
to presentment by the grand Jury, for not keeping the 
same in good repair. 

Sect. 6. Be it further enacted, That the shares in shares to be 
the same Turnpike road, shall be taken, and deemed, and sonaUsmer'^ 
considered to be personal estate, to all intents and pur- mode of trans- 
poses, and shall & may be transferable ; and the mode 
of transfering the said shares, shall be by deed, acknowl- 
edged before any Justice of the Peace, and recorded in 
a Book to be kept for that purpose by the Clerk of said 
Corporation ; and such shares shall be liable to attachment 
and execution. 

Section 7. Be it further enacted. That whenever shares of de- 
any proprietor shall neglect or refuse to pay any tax or soid"*"*^* '° "^^ 
assessment, duly voted and agreed upon by the corpora- 
tion, to their treasurrer, with in 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 share or shares & the time and place of 
sale, at least twenty days previous to the day of sale, 
and such sale shall be a sufficient transfer of the share or 
shares so sold, to the person purchasing; and on produc- 
ing 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 book of said Corporation ; and such per- 
son 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 shall have been thus sold. 

Section 8. Be it further enacted. That Roswell Rich- First meeting. 
ards, John Hulet and Abijah Merrell, or any two of 



170 



Acts, 1804. — Chapter 119. 



Account of 
cost of road and 
annual state- 
ments to be 
exhibited. 



Corporation 
may be dis- 
solved when 
indemnified 
with interest. 



them, may appoint and notify a meeting of said Corpora- 
tion, for the purpose of choosing a Clerk (who shall be 
under Oath) and such other Officers as may then be de- 
termined upon by said Corporation, for regulating the 
concerns thereof; and the said corporation may then and 
there agree upon such method of calling future meetings, 
as they may judge proper. 

Section 9. Be it Jurtlier 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 the said Corporation shall an- 
nually exhibit to the Governor and Council, a true Ac- 
count of the income or dividend arising from said toll, 
with their necessary annual disbursements on said road ; 
and that the books of said corporation shall be at all 
times subject to the inspection of a Committee of the 
General Court, and to the inspection of the Governor 
and Council, when called for. 

Section 10. Be it further enacted. That the General 
Court may dissolve the said Corporation, when ever it 
shall appear, to their satisfaction, that the income arising 
from the toll shall have fully compensated the said Cor- 
poration for all monies they may have expended, in 
purchasing, repairing, and taking care of said road, to- 
gether 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, however, that if the said Cor- 
poration shall neglect to complete the said turnpike road, 
for the space of three years from the passing of this Act, 
the same shall be void, and of no effect. 

Approved March 15, 1805. 



Proprietors 
incorporated. 



1804. — Chapter 119. 

[January Session, ch. 73.] 

AN ACT TO INCORPORATE THE PROPRIETORS OF THE BRANCH 
CHURCH IN SALEM IN THE COUNTY OF ESSEX. 

Sect. 1st. Be it enacted, by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the saine, that the persons who now are, and 
who hereafter shall be, proprietors of the Branch Church 
in Salem in the County of Essex, wherein the Rev. Joshua 
Spaulding now officiates, and of the land under and ad- 
joining the same, be and they hereby are, incorporated 



Acts, 1804. — Chapter 119. 171 

and made a body politic and Religious Society, by the Corporate 
name of the " Branch Society" and in that name may sue "*™^" 
and be sued, and shall be invested with all the powers, 
privileges and immunities to which similar Societies in 
this Commonwealth are entitled by law, and shall be 
capable of purchasing and holding estate real or per- 
sonal for the use of said Society, provided the annual 
income thereof, beside the House, shall not exceed at any 
time the value of Three thousand dollars. 

Sect. 2d. Be it further enacted, that the Proprietors Money to be 
of said House, be, and they hereby are, authorized and menu on the***' 
empowered to raise by an assessment on the pews and ^^^^' 
seats in said House, such sum or sums of money for the 
settlement and maintenance of a Minister or Ministers, 
repairing said House and other expences of Public Wor- 
ship, with incidental charges, as they shall agree on at 
any legal meeting called for that purpose, and the same 
may assess or cause to be assessed upon such pews and 
seats as the proprietors at any such meeting shall deem 
proper, according to the respective valuation made thereof 
and recorded in the Proprietors Book, and the sums so 
assessed shall be paid by the Proprietors of such pews 
and seats, and if any proprietor shall neglect to pay such Pewsofdeiin- 
assessment which shall have been legally made, for the soid!**"^^ 
space of one year the Treasurer of said Society shall be 
authorized and empowered to sell all the estate and inter- 
est of such delinquent proprietor in 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 House, and upon such sale to 
execute good and sufficient deed or deeds thereof, and 
after deducting said delinquent's assessment with legal 
interest thereon from the time of the assessment with 
incidental charges the Treasurer shall pay the surplus if 
any there be, to such delinquent proprietor. 

Sect. 3d. Be it further enacted, that Ezekiel Savage First meeting. 
Esqr., be, and he hereby is empowered and directed to issue 
his warrant to some principal member of the said Corpo- 
ration requiring him to warn the members thereof to meet 
at such time and place as shall be therein set forth, to 
choose a moderator and a Clerk, who shall be duly sworn, 
a Treasurer and such other officers as the proprietors shall 
judge necessary, and the moderator of that and all future 
meetings shall have power to administer the oath of office 
to the Clerk. Apjoroved March 15, 1805. 



172 



Acts, 1804. — Chapter 120. 



Punishment for 
counterfeiting 
certain papers 
enumerated. 



Punishment for 
counterfeiting 
any certificate 
of public debt, 
banl: bill, &c. 



1804. — Chapter 130. 

[January Session, ch. 74.J 
AN ACT AGAINST FORGERY AND COUNTERFEITING. 

Sect. 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 person shall falsely 
make, alter, forge or counterfeit, or shall procure to be 
falsely made, altered, forged or counterfeited, or shall 
willingly aid or assist in falsely making, altering, forging 
or counterfeiting any public Record, any Certificate or 
attestation of a Justice of the peace, public Register, 
Notary Public, Clerk of any Court, Town Clerk or other 
public Officer, in any matter wherein such their Certificate 
or attestation is receivable and may be taken as a legal 
proof; any Charter, deed, will, testament, bond or writ- 
ing obligatory, letter of Attorney, policy of insurance or 
bill of exchange ; any promissory note, order, acquittance 
or discharge, for or upon the payment of money or delivery 
of goods ; or any acceptance of a bill of exchange ; or any 
indorsement or assignment of a bill of exchange or promis- 
sory note, for the payment of money ; any accountable 
receipt for money or goods, or for any note, bill or security 
for money or goods ; or any lottery ticket in any lottery 
legally authorized and licenced within this Commonwealth ; 
or shall utter or publish as true, any such false, altered, 
forged or counterfeit record, certificate, or attestation, 
charter, deed, will, testament, bond, or writing obligatory, 
letter of attorney, policy of insurance, bill of exchange, 
promissory note, acceptance, endorsement, assignment, 
order, acquittance, discharge, accountable receipt, or lot- 
tery ticket, knowing the same to be false, altered, forged 
or counterfeit, with intent to injure or defraud any per- 
son, or any body politic or corporate, then every person, 
so offending in either of the particulars aforesaid, who 
shall be thereof duly convicted in the Supreme Judicial 
Court, shall be punished by solitary imprisonment, for a 
term, not exceeding six months, and by confinement after- 
wards to hard labour, for a term not less than two years 
and not exceeding ten years. 

Sect. 2. Be it further enacted. That if any person 
shall falsely make, alter, forge or counterfeit, or shall pro- 
cure to be falsely made, altered, forged or counterfeited. 



Acts, 1804. — Chapter 120. 173 

or shall willingly aid, or assist in falsely making, altering, 
forging or counterfeiting any note, certificate or other bill 
of credit, which hath been or may be issued by the Treas- 
urer or other Commissioner or Commissioners duly author- 
ized, for any debt of this Commonwealth; or any bank 
bill, or promissory note payable to the bearer, signed in 
behalf of any Company or Corporation, by law licenced 
and authorized as a Bank within this Commonwealth, or 
payable and demandable therein at the Office of any Bank- 
ing Company incorporated by any law of the United States ; 
or if any person, having knowledge of such false making, 
altering, forging and counterfeiting, shall willingly aid or 
assist in altering or rendering current as true any such 
false, altered, forged or counterfeit notes, certificates, bills 
of credit, bank bills, or notes, and for that purpose shall 
possess, at any one time, any number, not less than ten, 
of such similar, false, altered, forged or counterfeit Notes, 
Certificates, or Bills of Credit, Bank bills or notes, know- 
ing the same to be false, altered, forged or counterfeit as 
aforesaid, with intent to utter or pass the same, and thereby 
to injure or defraud this Commonwealth, any body politic 
or corporate, or any person or persons, then every person, 
so offending in either of the particulars aforesaid, who shall 
be thereof duly convicted in the Supreme Judicial Court, 
shall be punished by solitary imprisonment, for a term 
not exceeding one year ; and by confinement, afterwards, 
to hard labour, for and during his or her life. 

Sect. 3. Be it further enacted^ that if any person Punishment for 
shall utter, or tender in payment as true, any such false, coun°e?fe?t'cer- 
altered, forged or counterfeit note, certificate or bill, of "f'J^g^^^^P^^- 
any debt of this Commonwealth, bank bill or promissory bin, .vc.' 
note, payable to the bearer, by any Bank as aforesaid, 
knowing the same to be false, altered, forged or coun- 
terfeit, with intent to injure or defraud this Common- 
wealth, any body politic or corporate, or any person or 
persons. Every person so offending, and who shall be duly 
convicted thereof in the Supreme Judicial Court, shall be 
punished by solitary imprisonment, for a term not exceed- 
ing thirty days ; and by confinement, afterwards,- to hard 
labor, for a term not exceeding three years ; or by a fine, 
not exceeding one thousand dollars, and by binding to the 
good behavior for two years ; at the discretion of the 
Justices of the said Court, before whom the conviction 
may be. And if, after any such conviction, the same 



174 



Acts, 1804. — Chapter 120. 



Punishment 
for repeating 
the offence. 



Punishment for 
bringing into 
the state, with 
intent to paes, 
counterfeit 
bills, &c. 



Punishment 
for making, 
mending, or 
possessing, any 
tool, &c. to be 
used in counter- 
feiting bills, &c, 



person shall be guilty a second time of the like offence, 
and shall be duly convicted thereof in the Supreme Judi- 
cial Court ; or if in the Supreme Judicial Court, at the 
same term thereof, any person shall be duly charged and 
convicted of the said offence in three several instances, 
then such person may be adjudged to be a common utterer 
of Counterfeit Bills, and shall be punished by solitary im- 
prisonment for a term not exceeding one year, and by 
confinement afterwards to hard labor for a term, not less 
than two years and not exceeding ten years. 

Sect. 4. Be it further enacted. That if any person 
shall bring into, or shall have in his possession within this 
State, any false, forged, and counterfeit bill or bills. Note 
or notes, in the similitude of the bills or notes payable to 
the bearer thereof, issued by or for any bank or banking 
Company, which is or shall be established within this 
State, or in any other part of the United States, for the 
purpose of rendering the same current as true, or with 
intent to pass the same, knowing the same to be false, 
forged and counterfeit, every such offender, upon due 
conviction thereof, before the Supreme Judicial Court, 
shall be punished by solitary imprisonment, for such term, 
not exceeding three months ; and by confinement, after- 
wards, to hard labor, for such term, not exceeding three 
years ; or by a fine not exceeding one thousand dollars, 
and imprisonment in the common gaol, not exceeding one 
year ; as the Justices of the said Court, before whom the 
conviction may be, shall sentence and order, according to 
the aggravation of the offence. 

Sect. 5. Be it further enacted, that if any person shall 
engrave, form, make, or mend, or shall begin to engrave, 
form, make or mend, any plate or plates, paper, rolling- 
press, or other tool, instrument or material, devised, 
adapted and designed for the stamping, forging and mak- 
ing, any false and counterfeit Certificates, Bills, or notes, 
which have been or which shall be issued as aforesaid, by 
or for any debt of this Commonwealth, or by or for any 
Bank or Banking Company, which is or shall be estab- 
lished iri this State, or in any other part of the United 
States ; or shall have in his possession any such plate or 
plates, engraven in any part, or any paper, rolling-press, 
or other tool, instrument or material, devised, adapted 
and designed as aforesaid, with the intent to use and em- 
ploy the same, or to cause or permit the same to be used 



Acts, 1804. — Chapter 120. 175 

and employed in forging and making any such false and 
counterfeit certificates, bills or notes, every person, so 
oftending, who shall be thereof duly convicted before the 
Supi'eme Judicial Court, shall be punished by solitary 
imprisonment, for such term, not exceeding three months, 
and by confinement, afterwards, to hard labor, for such 
term, not exceeding three years ; or by fine, not exceed- 
ing five hundred dollars ; and by imprisonment in the 
common gaol, for such term, not exceeding one year; as 
the Justices of the said Court, before whom the conviction 
may be, shall sentence and order, according to the aggra- 
vation of the oflence. 

Sect. 6. Be it further enacted, that if any person punishment 
shall forge or counterfeit, or shall procure to be forged or ingo^^pMsfng 
counterfeited, or shall willingly aid or assist in forging or 8i1^er°c'oir&c. 
counterfeiting, any gold or silver coin, current within this 
Commonwealth, by the laws or usages thereof; or if an}- 
person, knowing of such forging and counterfeiting, shall 
willingly aid or assist in passing and rendering current as 
true, any such forged or counterfeit coin, and for that 
purpose shall, at any one time, possess any number, not 
less than ten of similar pieces of false money or coin, 
forged and counterfeited to the similitude of the gold or 
silver money or coin current as aforesaid, with intent to 
utter the same as true, knowing the same to be false, 
forged and counterfeit, every person, so ofiending in 
either of the particulars aforesaid, who shall be duly con- 
victed thereof in the Supreme Judicial Court, shall be 
punished by solitary imprisonment, for a term not ex- 
ceeding one year, and by confinement, afterwards, to hard 
labor for and during his or her life. 

Sect. 7. Be it further enacted. That if any person Punishment 
shall bring into this State or shall possess within the same, into^he^state 
any number of similar pieces of false money or coin, forged cou^nte?feu°^ 
and counterfeited as aforesaid, knowing the same to be moaey, &c. 
false, forged and counterfeit, with intent to utter and pass 
the same as true ; or if any person shall utter, pass or 
tender in payment as true, any false money or coin, know- 
ing the same to be false, being counterfeit, in the simili- 
tude of any gold or silver money, or coin current by law 
or usage within this Commonwealth, with intent to defraud 
any person or persons, every person, so ofiending, who 
shall be duly convicted thereof in the Supreme Judicial 
Court, shall be punished by solitary imprisonment for a 



176 



Acts, 1804. — Chapter 120. 



Punishment 
for making, 
mending, or 
possessing, any 
tool to be used 
in counterfeit- 
ing money. 



Governor au- 
thorized to give 
certain rewards. 



term not exceeding three months ; and by confinement, 
afterwards, to hard labor, for a term not exceeding three 
years ; or by a fine, not exceeding one thousand dollars, 
and by binding to the good behavior for two years. And 
if, after one conviction as aforesaid, the same person shall 
be guilty a second time of the like offence, and shall be 
duly convicted thereof, or if any person before the Su- 
preme Judicial Court, at the same term thereof, shall be 
charged and convicted of the said offence in three several 
instances, then such person shall be adjudged to be a com- 
mon utterer of Counterfeit money, and shall be punished 
by solitary imprisonment, for a term, not exceeding one 
year, and by confinement to hard labor, for a term not less 
than two years, and not exceeding ten years. 

Sect. 8. Be it further enacted, that if any person shall 
cast, stamp, engrave, form, make or mend, or shall know- 
ingly possess, any mould, pattern, dye, puncheon, engine, 
press or other tool or instrument, devised, adapted, or 
designed for the coining and making any false and coun- 
terfeit money or coin, in the similitude of the gold or silver 
money or coin current within this Commonwealth, by the 
laws or usages thereof, with the intent to use and employ 
the same, or to cause or permit the same to be used and 
employed in coining and making any such false and 
counterfeit money and coin as aforesaid, every person so 
offending, shall be punished by solitary imprisonment, for 
such term, not exceeding three months ; and by confine- 
ment, afterwards, to hard labor, for such term, not exceed- 
ing three years ; or by a fine, not exceeding five hundred 
Dollars ; and by imprisonment in the common gaol, for 
such term, not exceeding one year, as the Justices of the 
said Court, before whom the conviction may be, shall 
sentence and order, according to the aggravation of the 
offence. 

Sect. 9. And be it further enacted, that for the pre- 
vention and discovery of certain of the offences aforesaid, 
there shall be allowed and paid at the public treasury by 
the warrant of His Excellency the Governor, with the 
advice and consent of the Council, to be granted upon 
the certificate of the Justice or Justices of the Supreme 
Judicial Court, before whom the conviction shall be, to 
the person or persons who shall inform and prosecute 
against any other person or persons, who shall be there- 
upon charged and convicted, the following rewards, that 



Acts, 1804.— Chapter 121. 177 

is to say, for any conviction of the crime of forging and 
making any false and counterfeit certificate, bill or note in 
the similitude of any certificate bill or note, payable to the 
bearer thereof, which hath been, or which shall be issued 
as aforesaid, for any debt of this Commonwealth, or by or 
for any bank or banking Company within this State, by 
law established ; or of the crime of forging and making 
any false and counterfeit coin as aforesaid, for every per- 
son that shall be so convicted, the sum of sixty Dollars; 
and for any conviction of the crime of possessing, with an 
intent to utter, or of knowingly uttering any such false 
and counterfeit certificate, bill, note, money or coin, the 
sum of forty Dollars, for every person that shall be so 
convicted. And when it shall happen that two or more 
are the informers and prosecutors, in any one offence ; the 
reward thereupon to be allowed, shall be divided between 
them equally, or in such other proportions as the Justice 
or Justices, certifying as aforesaid, shall determine and 
appoint. 

Sec. 10. Be it further enacted, that this act shall take 
efiect and be in force, from and after the first day of Sep- 
tember next, and not before. Approved March 15, 1805. 

1804. — Chapter 131. 

[January Seesion, ch. 75.] 

AN ACT, IN ADDITION TO AN ACT, TO REGULATE THE INSPEC- 
TION AND EXPORTATION OF PORK, PASSED MARCH THE 
ELEVENTH ONE THOUSAND EIGHT HUNDRED AND TWO, 
AND TO REPEAL A PART OF THE SAME. 

Sec. 1. Be it Enacted by the Senate, and House of 
Representatives, in General Court assetnbled, and by the 
authority of the same; that in addition to Cargo PorA; Third quality 
No. one, and No. tivo, there shall also be added a third iished. 
quality of pork, called Cargo No: three, which shall con- 
sist of the Merchantable parts of wholesome pork, of a 
quality inferiour to good No. two Pork, and the barrels 
shall contain, two hundred pounds of Pork each, and there 
shall not be, any more, than the merchantable parts of two 
carcasses of Pork in one Barrel, except, where any of the 
Legs are taken out, the same number of shoulder peices, 
and no more may be added, making up the deficiency of 
weight, in better parts of a carcase of pork. 

Sec. 2d. Be it further Enacted, that the feet. Ears, and ^j^*"'^;" Pjfj^f^* 
faces of Pork (when seperated from the Cheek part of the be exported. 



178 



Acts, 1804. — Chapter 122. 



Packing of 
cargo No. three. 



Part of former 
act repealed. 



head, or any other peices prohibited by the Act, to which 
this is in addition) shall not be exported under the Brand 
Refuse, or any other Brand, approved, or provided for the 
exportation of Pork. 

Sec. 3. Be it further Enacted, that the Inspector 
General, and his Deputies, shall put up, or pack the third 
quality of Pork, with the same care, and under the same 
rules, and regulations, as are provided by Law in the Act, 
to which, this is in addition for Cargo No. one and JSfo. 
two, branding the same iVb. three. 

Sec. 4. And be it further Enacted, that so much of 
the second section of the Act, to which this is in addition, 
providing a Refuse quality of Pork, be, and the same hereby 
is repealed, and this law shall be in force and operation 
from and after the first day of April next ; provided how- 
ever, it shall not extend to Pork, which is already put up, 
and branded for exportation. Approved March 15, 1805. 



Preamble. 



New toll eetab- 
llehed. 



1804. — Chapter 132. 

[January Seesion, ch. 76.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, "AN ACT FOR 
INCORPORATING CERTAIN PERSONS FOR THE PURPOSE OF 
BUILDING A BRIDGE OVER KENNEBECK RIVER AT FORT 
WESTERN IN THE TOWN OF HALLOWELL." 

Whereas the Pi'oprietors of Kenneheck bridge have rep- 
resented to the General Court that the Compensation they 
derive from the present Toll is inadequate, and praying 
for an enlargement of the Toll over said Bridge 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same. That the. clause in a certain Act, entitled, " an 
Act for incorporating certain persons for the purpose of 
buildino; a bridge at Fort Western in the town of Hallo- 
well," to which this is in addition, establishing the rates 
of Toll for passing said bridge, be, and the same is hereby 
repealed, and that the following rates of Toll be, and 
hereby are granted to and established for the benefit of the 
said proprietors, that is to say, for each foot passenger 
two cents : for each horse with one rider ten cents : for 
each single horse. Cart, sled or Sleigh twelve cents & 
an half, for each wheel barrow, hand Cart, & every other 
vehicle capable of carrying alike weight four cents, for 
each team including Cart, Sled, or Sleigh, drawn by two 



Acts, 1804. — Chapter 123. 179 

beasts twenty five cents, & if drawn by more than two, 
the additional sum of five cents for each additional beast 
— for each single horse & chaise chair or Sulkey twenty 
cents; — for each Coach, Chariot, Phaeton, or curricle 
thirty five cents, neat cattle exclusive of those rode on in 
carriages, or in teams four cents for each, Sheep & swine 
one Cent for each. Approved March 15, 1805. 



1804. — Chapter 133. 

[January Session, ch. 77.] 

AN ACT PROVIDING FOR THE PUNISHMENT OF THE CRIMES 

OF MURDER, MAN-SLAUGHTER, FELONIOUS MAIMS AND 

ASSAULTS, AND DUELLING; AND FOR THE PREVENTION 
THEREOF. 

Sect. 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 person shall commit the Punishment 
Crime of Wilful Murder, or shall be present, aiding and beingYccessary 
abetting, in the Commission of such Crime, or not being the^act.^*^*"^^ 
present, shall have been accessary thereto before the fact, 
by counselling, hiring, or otherwise procuring the same 
to be done, every such offender, who, in the Supreme 
Judicial Court, shall be duly convicted of either of the 
felonies and offences aforesaid, shall suffer the punishment 
of death. And the Justices of the said Court, before whom 
the conviction shall be, in cases of Murder committed in 
a duel, shall, and in other cases may, at their discretion, 
further sentence and order the body of such convict to be 
dissected and anatomized. And in the case of such fur- 
ther Sentence, it shall be the duty of the Sheriff to deliver 
the body of the convict, being dead, to a professor of 
Anatomy and Surgery in some public College or Semi- 
nary, when it shall be required in his behalf; and other- 
wise to any Surgeon or Surgeons who shall be attending 
at the place of execution, to receive the body, and will 
engage for the dissection and anatomizing thereof. 

Sect. 2d. Be it further enacted, that if any person. Punishment 
after a Wilful Murder done and Committed as aforesaid, after the fact. 
shall be accessary ther[e]to, by knowingly receiving, har- 
bouring, comforting, concealing, maintaining, or otherwise 
unlawfully assisting any principal offender, or accessary 
therein before the fact ; every such accessary after the 
fact, who shall be thereof duly convicted in the Supreme 



180 



Acts, 1804. — Chapter 123. 



Punishment for 
manslaughtei. 



Punishment 
for maiming 
a person or 
being accessarj' 
thereto. 



Punishment 
for felonious 
assault. 



Judicial Court, shall be punished by Solitary imprisonment 
for such term not exceeding six Months and by confine- 
ment afterwards to hard labour, for such term not ex- 
ceeding ten Years, as the Justices of the said Court, 
before whom the Conviction may be shall sentence and 
order, according to the nature and aggravation of the 
offence. 

Sect. 3d. Be it further enacted, that if any person 
shall commit the Crime of Manslaughter, and shall be 
thereof duly Convicted in the Supreme Judicial Court, 
every such offender shall be punish [m]ed by Solitary im- 
prisonment, for such term, not exceeding one Year; and 
by imprisonment afterwards, in the Common Gaol, or 
confinement to hard labour, for such term, not exceeding 
three years, as the Justices of the said Court, before whom 
the Conviction may be shall sentence and order, according 
to the aggravation of the Offence. 

Sect. 4. Be it further enacted, that if any person, 
with set purpose and aforethought Malice, or intention to 
maim or disfigure, shall unlawfully cut out or disable the 
tongue, put out an Eye, cut off an Ear, slit the Nose, or 
cut oft' the Nose or lip, or Cut off or disable a limb or 
member of any person, every such offender, and every 
person privy to the intent aforesaid, who shall be present, 
aiding and abetting in the Commission of such offence, or 
not being present, shall have Counselled, hired or pro- 
cured the same to be done, upon due conviction thereof in 
the Supreme Judicial Court, shall be punished, by Soli- 
tary imprisonment, for such term, not exceeding one year 
and by confinement to hard labour, or by imprisonment 
in the Common Gaol, for such term, not exceeding ten 
Years, commencing from the expiration of such solitary 
imprisonment, as the Justices of the said Court, before 
whom the Conviction may be, shall sentence and order, 
according to the nature and aggravation of the offence. 

Sect. 5. Be it further enacted, that if any person with 
a dangerous weapon, and with an intention to Murder or 
to maim or disfigure in any of the modes mentioned in the 
fourth Section of this Act, shall assault another ; or shall 
be present, aiding or abetting therein ; or not being pres- 
ent, shall have counselled, hired or procured the same to 
be done every such offender, who shall be thereof duly 
convicted in the supreme Judicial Court, shall be deemed 
a felonious assaulter, and shall be punished by Solitary 



Acts, 1804. — Chaptee 123. 181 

imprisonment, for such term, not exceeding six months, 
and by confinement afterwards, to hard labour, or by im- 
prisonment in the Common Gaol, for such term, not ex- 
ceeding four Years, as the Justices of the said Court, 
before whom the conviction may be, shall sentence & 
order, according to the nature and aggravation of the 
oftence. 

Sect. H. Be it further enacted^ that if any person Punishmeut 
shall Voluntarily engage in a duel, with rapier or small inaduei. 
sword, backsword, pistol or other dangerous weapon, to 
the hazard of life, when no homicide shall ensue thereon ; 
and if any person shall, by word, message, or in any other 
manner, challenge another to fight in a duel as afore- 
said when no duel shall be fought thereon ; every such 
off'ender, and every person who shall be knowingly a sec- 
ond, agent or abetter in such duel or challenge, upon 
due conviction of either of the said Ofiences in the Su- 
preme Judicial Court, shall be punished as a fellonious 
assaulter ; and for his further punishment shall be dis- 
qualified from holding, and incapable of, any office or 
place of honour, profit or trust, under this Common- 
wealth, during the term of twenty Years from and after 
such Conviction. 

Sect. 7. Be it further enacted^ that if any person shall fo"r°icXti°Dg a 
accept a challenge to a duel, and shall consent to fight challenge, &c. 
therein as aforesaid, when no duel shall thereupon ensue, 
every such ofi'ender, and every person who shall know- 
ingly be a second, agent or abetter in such acceptance of 
a Challenge, upon due conviction thereof, in the Supreme 
Judicial Court, shall be punished by imprisonment in the 
Common Gaol, not exceeding one Year, and shall be dis- 
qualified from holding, and incapable of, any office or place 
of honour, profit or trust under this Commonwealth, dur- 
ing the term of five Years, from and after such convic- 
tion. 

Sect. 8. Be it further enacted^ that this act shall take 
efiect and be in force from & after the first day of Septem- 
ber next and not before. Approved March 15, 1805. 



182 



Acts, 1804. — Chapter 124. 



Persons incor- 
porated. 



Corporation 
may purchase 
and hold land ; 
sue and he sued, 

&c. 



1804. — Chapter 134. 

[January Session, ch. 78.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWN OF SALEM IN THE COUNTY OF ESSEX INTO 
A SOCIETY, BY THE NAME OF "THE PROPRIETORS OF THE 
NEW SOUTH MEETING HOUSE, IN SALEM." 

Section 1. Be it enacted by the Senate & House of 
Representatives in General Court assembled and by the 
Authority of the same, that John Norris, John Jenks, 
Michael Webb, Robert Peel, Robert Cowan, Addison 
Richardson, Samuel Cook, George W. Martin, William 
Chisholm, Nathaniel Batchelder, Asa Killam, Deborah 
Buffinton, Asa Pierce, Josiah Woodbury, Timothy Brooks, 
Daniel Gregg, EliphaletButman, Daniel H. Mansfield, Wil- 
liam Luscomb, Joshua Goodale, Benjamin Cox Jr. , Israel 
Williams, Thaddeus Gwinn, Daniel Jenks, Benjamin Pick- 
man, Jonathan Glover, Timothy Ropes, Nathaniel Safford, 
Robert Brookhouse, Jonathan Neall, Josiah Austin, Thomas 
Francis, Jesse Smith, Archelaus Fuller, Solomon Towne, 
Nathaniel Felt, John Buffinton, Thomas Brooks, Thomas 
R. Williams, Jeremiah Shepard, Josiah Richardson, Joshua 
Cross Jr., Stephen Thayer, John Treadwell, Jerathmiel 
Peirce, Aaron Waitt, James Odell, Benjamin Tay, Josiah 
Caldwell, Nathaniel Frothingham, William Lang, Joseph 
Winn, John Winn, William S. Gray, John Leach, W^il- 
liam Ives, William Luscomb the third, Jeduthan Upton, 
Jonathan Marston, James Nichols, Joseph Symonds, Jo- 
seph Hentield Asa Killam Jr. , Paul Upton, Elijah Johnson, 
William Putnam, Charles Cleveland, Jabez Smith, Fred- 
erick Putnam, Thomas Manning, Henry Osborne, and 
Amos Adams, with such other Persons as shall associate 
& become interested with them in manner herein after 
mentioned be and they hereby are incorporated and made 
a body politic, by the name of "The Proprietors of the 
New South Meeting House in Salem." 

Section 2. Be it further enacted that the said Corpo- 
ration may purchase & hold the Lot of Land in Salem 
aforesaid whereon they have lately built a Meeting House, 
and such other Estate, real & personal, as the Corporation 
shall determine to own, provided that the annual income 
of the whole Estate of the Corporation, besides the Meet- 
ing House, &Land under it shall not exceed three thousand 
Dollars. — And the said Corporation may sue & be sued 



Acts, 1804. — Chapter 124. 183 

by its Corporate name, may make & use a common Seal 
& break or alter it at pleasure — may make any By Laws 
for the Government thereof & for the management of the 
Corporate property that a major part of the members 
present (calculating according to their respective Interest) 
shall think for the best provided the same are not contrary 
to the Constitution and Laws of this Commonwealth — and 
is invested with all the Powers Privileges and Immunities 
to which other Religeous Societies in this Commonwealth 
are entituled by Law. 

Section 3. Be it further enacted that the property of be"fn*confo?a- 
the several members of the said Corporation for the time tion. 
being shall be calculated according to their respective 
Rights and Interests in the Pews and Seats of the Meeting 
House lately built as aforesaid, at the valuation thereof 
which hath been made : and all persons who shall become 
proprietors or interested in said Pews & Seats, shall be 
deemed to have associated with, & shall become mem- 
bers of this Corporation, according to their respective 
interest in such Pews or Seats. 

Section 4. And he it further enacted, that the said AsBesBments 

^ , , authorized. 

Corporation are hereby authorised to raise by an assess- 
ment on the Pews & Seats in the said Meeting House such 
sum & sums of money for the settlement and maintainance 
of a Minister or Ministers, for the purchase of said lot of 
land, for building up & repairing the Meeting House — and 
for defraying the other expences of Public Worship with 
incidental charges, as the members of the same shall agree 
on at any legal meeting to be called for that purpose — 
according to the said valuation ; and the sums so assessed 
shall be paid by the respective Proprietors of such Pews & shares of 
Seats — And if any Proprietor of such Pew or Seat shall may be sow. 
neglect to pay any assessment which shall be legally made 
thereon as aforesaid for One Year after the same shall have 
been made — the Treasurer of said Corporation for the 
time being shall be authorised & impowered, to sell & 
convey all the Estate Share & Interest of such delinquent 
Proprietor, in the said Corporation, at Public Auction 
first giving notice thereof fourteen days at least previous 
to the Sale at two of the Doors of said Meeting House — 
and upon such sale to execute a good & sufficient Deed or 
Deeds thereof to the Purchaser — and after deducting the 
amount of such delinquent's assessment, together with 
legal Interest thereon from the time the same was made, 



184 



Acts, 1804. — Chapter 125. 



First meeting. 



all incidental costs & Charges the said Treasurer shall pay 
the Surplus if any there be to such delinquent Proprietor. 
Section 5. And be it further enacted that Ezekiel 
Savage Esqr. be, and hereby is authorised & directed to 
issue his Warrant to some principal member of said Cor- 
poration requiring them to meet at such time & place as 
shall be therein set forth to choose a Moderator and a 
Clerk (who shall be duly sworn) a Treasurer, & such other 
Officers as the Proprietors shall judge necessary — And 
the Moderator of that & of all future meetings, shall have 
power to administer the Oath of Office to the Clerk. 

Approved March 15, 1805. 



Legislative 
committee to 
be appointed 
to veiw pro- 
posed road be- 
fore incorpora- 
tion. 



Court of 
Sessions to ap- 
point a com- 
mittee when the 
road is granted. 



1804. — Chapter 135. 

[January Session, ch. 79.] 

AN ACT DEFINING THE GENERAL POWERS AND DUTIES OF 
TURNPIKE CORPORATIONS. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that»no Turnpike Corporation shall 
be hereafter created except a Committee shall have first 
been appointed by the Legislature, & viewed the rout 
proposed by the petitioners, who shall be at the expence 
thereof. And that all committees appointed for the pur- 
pose aforesaid, shall, before they proceed to view any pro- 
posed road, give public notice of the time and place of 
their meeting, by publishing the same in some newspaper 
printed in the County where said road is proposed to be 
laid, if any such paper is printed therein, and if not, in 
such other way as they may think will give General notice 
to all interested, and shall also give notice to one or more 
of the Selectmen of each town through which they propose 
to view, and of the time they shall make their report to 
the Legislature, that all persons may then appear, and 
Shew cause, if any they have, against the prayer of the 
petition. 

Sect. 2d. Be it further enacted, that whenever any 
grant is made for a Turnpike road, and application is 
made to the Court of General Sessions of the Peace, 
within the County where said road is situated, said Court 
shall appoint a Committee of five disinterested Freeholders 
within the same County, at the expence of the Corpora- 
tion, who shall be invested with the same powers, observe 



Acts, 1804. — Chapter 125. 186 

the same rules, be under the same restrictions, pe[?']form 
the same duties, and make return of their doings in the 
same manner as is provided by Law for similar Commit- 
tees appointed by said Court for laying out public High- 
ways. And said Corporation shall be liable to pay all ^^ ifa^bie'for^ '° 
damages that may be estimated by said Committee, saving damages, &c. 
to either party the right of trial by Jury, respecting dam- 
ages only, according to Law making provision for the 
recovery of Damages arising from the laying out high- 
ways ; provided hoioever that said Corporation may pur- 
chase and hold Lands, over which they may make their 
Road, in every such case, the estimation of damages shall 
be omitted by said Committee. And no Turnpike road 
hereafter granted shall be less than four rods in width, 
and the travelled part of the same, shall not be less than 
twenty-four feet in any part thereof. 

Sect. 3d. Be it further enacted^ that no gate shall be Erection of 
erected by any Turnpike Corporation, on Any County or ^'*^*' 
Town road before established : & no Turnpike gate shall 
be erected across any Turnpike road where full toll shall 
be demanded, except said gate be ten miles distant from 
any other Turnpike gate, on the same road, unless the 
Act Granting the same road, shall contain different pro- 
vision. 

Sect. 4. And Be it further enacted, that it shall be j^^^jgy*""^" 
lawful for all Turnpike Corporations, that may be estab- 
lished by Law, whenever the Road shall be sufficiently 
made, and so allowed and approved, by the Justices of 
the Court of Common Pleas, within said County, where 
said road shall be situated, and they are hereby author- 
ised to erect gates in such place or places, as the said 
Justices shall direct, to demand and receive of each 
traveller or passenger, at each of said Gates, the follow- 
ing rates of toll, Vizt. For each coach. Chariot, phaeton, 
or other four wheel spring Carriage, drawn by two horses, 
twenty-five Cents ; and if drawn by more than two horses, 
two cents for each additional horse ; for every waggon 
drawn by two hor[s]es, ten Cents ; and if drawn by more 
than two, two cents for each additional horse ; for every Cart 
or waggon, drawn by two oxen, ten cents ; and if by more 
than two, twelve & a half cents ; for every curricle fifteen 
cents ; for every Chaise, Chair, Sulkey, or other Carriage 
for pleasure, drawn by one horse, twelve & a half cents 
each; for every Cart, waggon, or truck, drawn by one 



186 



Acts, 1804. — Chapter 125. 



Comtnutatiou 
of toll allowed. 



Sign-boards. 



Penalty for In- 
juring gates or 
roads and for 
illegally evad- 
ing toll. 



Esemptions 
from toll. 



horse, six and one quarter of a cent each ; for every man 
& horse, four cents ; for every sleigh or sled, drawn by two 
Oxen or horses, eight cents ; and if drawn by more than two 
Oxen or horses, one cent for each additional ox or horse ; 
for every Sleigh or sled, drawn by one horse, four cents ; 
for all horses, mules, 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, by the dozen : Provided 
however, that the Corporation may, if they see cause, 
commute the rates of toll, with any person or persons, 
or with any Corporation, by taking of him or them a cer- 
tain sum annually, to be mutually agreed on, in lieu of 
the toll aforesaid ; and carts or waggons having wheels, 
the fellies of which shall be Six Inches broad or more, 
shall be subject to pay only half the toll which Carts or 
waggons otherwise constructed, shall be liable to pay. 
And all Turnpike corporations shall erect in some con- 
spicuous place, where the toll is collected, exposed to view, 
a sign board, with the rates of toll of all tolable articles, 
fairly and legibly written or printed in Capital letters ; 
and whenever said Corporation shall neglect so to do, 
they shall not be entitled to demand or receive any toll 
at the said gate. 

Sect. 5. And be it further enacted, that if any person 
shall Cut, break down, or otherwise injure or destroy any 
turnpike gate, on any turnpike road hereafter established, 
or shall dig up or carry away any earth or gravel from such 
Turnpike road, or in any other manner damage the same, 
or shall forcibly pass, or attempt to pass any such Turn- 
pike gate, without having first paid the legal toll, with an 
intent to avoid the same, such person shall forfeit and pay 
a sum not exceeding Fifty Dollars, nor less than five dol- 
lars, to be recovered by the Treasurer of the Corporation 
to their use, in an action of trespass. And if any Person 
with his or her horse, team, or Cattle, shall turn out of 
such road, to pass any turnpike gate, with intent to avoid 
paying the toll, and again enter on the said road such per- 
son shall forfeit & pay treble the toll which could have been 
payable at such gate to be recovered by the Treasurer of 
said Corporation to their use in an Action of trespass on 
the Case. Provided however, that nothing in this Act 
shall extend to entitle any Turnpike Corporation hereafter 
established to demand or receive toll from any person that 
shall be passing on foot, or with his horse or carriage to or 
from his usual place of public worship, or from any person 



Acts, 1804. — Chapter 125. 187 

passing on military duty, or from any person residing in 
the town where the gate may be placed, unless they are 
going or returning from, beyond the limits of said town, 
or from any person going to or from any grist Mill or on 
the common and ordinary business of family concerns. 

Sect. 6. Ajid be it further enacted, that if any Turn- Penalty for 
pike corporation, hereafter granted, their toll gatherer, or sengers^or uk. 
others in their employ shall un[n]ecessari[a]ly delay or >"s "'eg^i '°>'' 
hinder any traveller or passenger, or shall demand or receive 
more toll than is by Law established, the said Corporation 
shall forfiet and pay a sum not exceeding ten dollars, nor 
less than two dollars, to be recovered before any Justice of 
the peace within the County, where the offence is com- 
mitted, by the person injured, delayed, or defrauded, to his 
or her use in a special action of the case : and all writs 
against any Turnpike corporation shall be served on the 
Treasurer of said Corporation, or on some individual mem- 
ber thereof living in the County, where the offence shall be 
committed, by leaving a true and an attested Copy of the 
same with the said Treasurer or individual member at least 
fourteen days before the day of trial. And the said Treas- 
urer or individual member shall be allowed to defend the 
same suit in behalf of said Corporation, & the said Cor- 
poration shall be liable to pay all damages which may 
happen to any person from whom toll is demandable for 
any damages which shall arise from defect of Bridges or 
want of repair of said Turnpike road, and also liable to 
presentment, by a Grand Jury, for not keeping the same 
in good repair. 

Sect. 7. A7id be it further enacted, that where any in case of inter- 
Turnpike Road hereafter established shall intersect any mon wghway. 
former public highway, it shall be the duty of the pro- 
prietors of such Turnpike, so to construct their road, that 
it shall be convenient and feasable for travellers to pass 
from such former public highway on to such Turnpike. 

Sect. 8. Ajid be it further enacted, that the shares in shares to be 
all Turnpike corporations, shall be taken, deemed, & con- sonai estate. 
sidered to be personal estate to all intents and purposes, 
and may be transferable, and the mode of transferring the 
said shares 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. 

Sect. 9. And be it further enacted, th[e][a<'| every An account of 
Turnpike Corporation her [e] after established shall within annual sute"" 
Six Months from the time of erecting their Gates lodge in ^hlbue'd!'^ 



188 



Acts, 1804. — Chapter 125. 



Shares of de- 
linquents may 
be sold ; mode 
prescribed, &c. 



Corporations 
may be dis- 
solved when 
indemnified 
■with interest. 



the Secretary's office, an account of the expences thereof 
and each Corporation shall annually in the month of Jan- 
uary, exhibit to the Governor and Council, a true account 
of the income or dividends, arising from said toll, with 
their necessary annual disbursements on the said road : 
and the books of all Corporations, shall at all times be 
subject to the inspection of the Governor and Council, and 
to the Legislature when called for. 

Sect. 10. And be it further' enacted, that whenever 
any proprietor of a share or shares in any Turnpike cor- 
poration hereafter established, shall neglect or refuse to 
pay any tax or assessment duly voted and agreed on by 
such 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, 
sufficient to defray the said tax or assesment, and all neces- 
sary & incidental charges, after having given public notice 
in some newspaper printed in the County, where the road 
lies, if any is printed therein, otherwise in some public 
paper printed in an adjoining County, with the sum due 
on each share, and the time and place of sale, three Weeks 
successively at least, before the sale. And such sale shall 
be a legal transfer of the shares so sold to the purchaser, 
and on the purchaser producing a certificate of such sale 
from the Treasurer, to the Clerk of said Corporation, with 
the name of such purchaser, together with the number of 
the share or shares so sold, shall be by the Clerk entered 
on the books of the 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 by 
the Treasurer on demand, to the person whose share or 
shares were so sold. 

Sect. 11. And be it further enacted, that the Leg- 
islature may dissolve any Corporation hereafter estab- 
lished, after the expiration of twenty years, or sooner, 
if it shall appear to their satisfaction, that the income of 
said road shall have compensated such Corporation for all 
money they may have expended, in purchasing lands for 
said road, and in making, repairing, and taking care of 
the same, together with twelve per Centum by the year, 
and thereupon the property of said road, shall be vested 
in the Commonwealth and be at the disposal of the Leg- 
islature, Provided however, that if any Corporation granted 



Acts, 1804. — Chapter 125. 189 

as aforesaid, shall neglect to complete the road within five 
Years from the date of the grant, the same shall be void. 

Sect. 12. And be it further enacted, that the first First meeting; 
meeting of all turnpike Corporations hereafter established, and regulations, 
shall be held at such time and place, as shall be agreed on, 
by a major part of the persons to whom the grant is made, 
for the purpose of choosing a Clerk who shall be sworn to 
the faithfuU discharge of the duties of his office, and such 
other officers as may be agreed on by said Corporation, 
and may then, or at any subsequent meeting, establish 
such rules and regulations, as shall be judged necessary 
for the well ordering of the afiairs thereof: Provided, 
that no such rules and regulations shall in any manner be 
repugnant to the Constitution and laws of this Common- 
wealth ; and that said first meeting shall be notified by 
publishing the same in some newspaper, printed nearest 
to where the said road lies, at least two weeks before said 
meeting. 

Sect. 13. And be it furtJier enacted, that whenever Mode of pro- 
the Directors of any Turnpike corporation heretofore movai of a gate, 
established, or which may hereafter be established by law, 
shall wish to remove a gate or gates, by such Corporation 
then duly erected on the Turnpike road of such Corpora- 
tion, it shall and may be lawful for such Directors, or a 
majority of them, to petition the Court of Common Pleas, 
to be holden within and for the County where such Gate 
or gates may be erected, praying for the removal of such 
Gate or Gates, and stating the reasons therefor : and 
thereupon it shall and may be lawful for the said Court to 
nominate and appoint a Committee of three disinterested 
and sufficient freeholders, inhabitants of said County, 
whose dut}^ it shall be, after being duly sworn to the 
faithful discharge of their trust, at the expence of the 
Corporation, whose gate or gates, are intended to be re- 
moved, to give notice to all persons interested of their 
appointment, and the time and place of meeting, for the 
purpose of attending to the business of their Commission, 
by advertising the same in such newspaper, as the said 
Court may order, ten days at least before the time ap- 
pointed for such meeting ; and also at the said time 
appointed, as aforesaid to repair to the gate or gates 
mentioned in such petition, and after hearing all parties 
interested to determine whether the said Gate or Gates 
shall be removed as prayed for, and report their said 



190 



Acts, 1804. — Chapter 126. 



Mode of pro- 
ceeding when 
a road is out of 
repair. 



Land to revest 
in original 
owners when a 
road is discon- 
tinued. 



determination as soon as may be, to the same Court, who 
are authorised if they shall deem it expedient to order 
said gates to be removed & located according to the report 
of such Committee. 

Sect. 14. And be it further enacted, that whenever 
any Turnpike road, hereafter granted, shall be suffered to 
be out of repair, the Justices of the Court of Common 
Pleas, within and for the County where the same road 
may lie, or a major part of them, or a Committee to be 
appointed for that purpose by said Justices, are hereby 
authorised to order the gate or gates of such corporation 
to be set open, said Justices or their Committee having 
previously notified the Clerk of such Corporation of com- 
plaint having been made of the badness of such road, at 
least ten days previous to ordering such Gate or Gates 
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 such Corporation, the said Gate 
or Gates shall be opened and no toll shall be legally 
demandable thereat until the said Justices or their Com- 
mittee shall grant a Counter order. 

Sect. 15. And be it further enacted, That whenever 
any Turnpike road, in whole or in part shall be discon- 
tinued, the land over which such discontinued Turnpike 
was laid, shall revest in the person or persons their heirs 
and assigns, who were owners thereof at the time such 
Land was taken or purchased, for the purpose of making 
said Turnpike, any conveyance of said Land by Deed to 
said Corporation notwithstanding. 

Ap2Jroved March 16, 1805. 



1804. — Chapter 136. 

[January Session, ch. 80.] 

AN ACT TO INCORPORATE CERTAIN PERSONS AS TRUSTEES 
OF AN ACADEMY IN THE TOWN OF LYNN, IN THE COUNTY 
OF ESSEX. 

Preamble. Whereas Amos Rhodes and others have subscribed three 

thousand dollars, and have expended the same in erecting 
a building, accommodated for the instruction of youth, in 
the Town of Lynn; and lohereas it appears to this Oourt, 
that the said Town of Lynn is a suitable place for such an 
institution. 

Sect. 1. Be it enacted by the Senate and House of 



Acts, 1804. — Chapter 126. 191 

Representatives, in General Court assembled, and by the 
authorii7j of the same, that there be, and hereby is estab- i^y°°?i^^j®™y 

•^- r-T f ' -I AT 1 eetabliBhed 

lished in the Town of Lynn aioresaid, an Accademy, by and trustees 
the name of the Lynn Accademy, for the purpose of pro- *pp°'° 
motiug 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 Accademy shall direct, 
and that the following persons, vizt. Amos Rhodes, James 
Gardner, William Rose, Jeremiah Bulfinch, Samuel Brim- 
blecome, Thomas Mansfield, and their associates, be, and 
hereby are incorporated into a body politic, by the name 
of The Trustees of the Lynn Accademy ; and that they and ^"^p"""**® 
their successors shall be and continue a body politic and 
corporate by the same name forever. 

Sect. 2d. And be it further enacted, that all monies. Trustees 

IT ., jt^i- 11 • allowed to hold 

lands, or other property and thmgs, already given, or property, &c. 
which shall hereafter be given, granted, devised, be- 
queathed, transfered or assigned to the said trustees for 
the purpose aforesaid, shall be confirmed to the said trus- 
tees and their successors in that trust forever ; and 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 income 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 
manner, as that the end and design of the institution may 
be promoted. 

Sect. 3d. Be it further enacted, that the said Trustees General powers 
shall have power, from time to time, to elect such officers °^'™*'^««- 
of said Academy as they shall judge necessary, and to fix 
the tenure of their respective offices ; to remove any trus- 
tee from the corporation, when, in their opinion, he shall 
be incapable, by reason of age or otherwise, of discharg- 
ing the duties of his office ; to fill all vacancies in said 
Corporation, by electing such persons as trustees as they 
shall think suitable ; to determine the times and places of 
their meetings, the manner of notifying the trustees, and 
the method of electing and removing them ; to prescribe 
the powers and duties of their several officers ; to elect 
Preceptors and Teachers of said Accademy, and to deter- 
mine their powers, duties and tenures of office ; and to 
make and ordain reasonable rules, orders and bye-laws, 
not repugnant to the laws of this Commonwealth, with 



192 



Acts, 1804. — Chapter 127. 



reasonable penalties, for the good government of said 
Accademy. 
havia eeaTfsue Sect. 4th. Be it further enacted, that the said trustees 
and be sued, &c. ^^^y \^^yQ one Common Seal, which they may, at pleasure, 
break, alter and renew ; and that all deeds signed and 
sealed with their seal, and acknowledged by the Treasurer 
or Secretary of said Corporation, by order of the said trus- 
tees, shall be good and valid in Law ; and the said trustees 
may sue and be sued, in all actions real personal and 
mixed, and prosecute and defend the same to final judg- 
ment and execution, by the name of The Trustees of the 
Lynn Accademy. 

Sect. 5th. Be it further enacted, that the number of 
said Trustees shall not, at any one time, be more than 
eleven nor less than seven ; five of whom shall constitute 
a quorum to do business, and that a majority of said trus- 
tees shall consist of inhabitants of the town of Lynn. 

Sect. 6th Be it further enacted, that James Gardner, 
Esqr. be, 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 March 16, 1805. 



Number of 
truBtees. 



First meeting. 



Persons incor- 
porated. 



Corporate 
name. 



1804. — Chapter 137. 

[January Session, ch. 81.] 

AN ACT TO INCORPORATE CERTAIN PERSONS FOR THE PUR- 
POSE OF BUILDING A BRIDGE OVER AGGAWAUM RIVER IN 
THE TOWN OF WEST SPRINGFIELD. 

Section 1st. Be it enacted by the Senate & House of 
Bepi'esentatives, in General Court assembled. And by the 
Authority of the same, That George Blake, Pitt Bliss, 
Jonathan Dwight jr., James S. Dwight, Joshua Frost, 
Charles Leonard, Daniel Lombard, Edward Pynchon, 
William Smith, Gad Warriner, Solomon Warriner, Eleazer 
Williams, Jonathan Worthington and Amos Worthington, 
together with such others, as may hereafter associate with 
them and their Successors, be & they are hereby Consti- 
tuted and made a Corporation and Body-Politic, by the 
name of "The Proprietors of Aggawaum Bridge" And 
by that name may sue & be sued, to final judgement and 
execution, and may do and suflfer all matters, acts, and 
things, which bodies politic, may & ought to do & suffer, 
and the said proprietors shall be, and they hereby are 



Acts, 1804. — Chapter 127. 193 

Authorised, to erect a Bridge over the said Aggawaiim Location of 
River, at any place within forty rods of the mouth of Said Bionlf&c."^^° 
River, and said Bridge shall be well built, of Good & dur- 
able materials, at least Twenty feet wide, well planked and 
safely railed, and always kept in good repair — And the 
said proprietors shall be liable to pay all the damages, 
which may happen to any person, from whom the Toll is 
demandable for any damage which shall arise from any 
defect or want of repair in said Bridge by an Action on 
the Case, in Any Court proper to try the same. 

Section 2d. And be it further enacted, that for reim- ToUeBtab- 
bursing to the said Proprietors, their expences in building 
said Bridge, a Toll be and hereby is granted & established 
for the sole benefit of the said Proprieters, according to the 
following rates, viz. For each foot passenger. One Cent ; 
for each Horse and rider three Cents, for each Horse and 
Chaise, Chair, Sulkey or other two wheel Carriage Six 
Cents ; for each Coach, Chariot, Phaeton or other four 
wheel car[7*]iage, drawn by two Horses, twelve & a half 
Cents ; and if drawn by more than two Horses, one Cent 
for each additional Horse ; for each Cart or Waggon drawn 
by two Horses or Oxen, eight Cents ; and if drawn by more 
than two beasts, one Cent for each additional beast; for 
each Sled or Sleigh drawn by one Horse four Cents : and 
if by two beasts Six Cents & One Cent for each additional 
beast ; for each Horse without a rider, and all neat Cattle, 
two Cents for each beast ; and for all Sheep kind & Swine 
Six Cents per dozen ; and One person and no more shall 
be allowed to each team, as a driver to pass free of Toll. 
And the toll Shall commence on the day of opening said 
Bridge and shall continue for seventy years : And at the sign-board. 
place where the toll shall be received, there shall be con- 
stantly exposed to veiw a board, with the rates of toll 
fairly & legibly writ [^] en or printed thereon in large or 
Capital letters ; And after the term of thirty years, the 
Legislature shall have a right to regulate the rates of toll 
to be received at said Bridge. Provided Hoivever, that 
if the said Proprietors, shall neglect for the Space of Six 
years, from the passing of this Act, to erect the said 
Bridge, then this Act shall be void. 

Section 3d. And be it further enacted, that any three First meeting. 
of the persons beforenamed, may call a meeting of the 
Corporation at such Convenient time & place, as shall be 
appointed in their Advertisement, by publishing the same 



194 



Acts, 1804. — Chapter 128. 



in the Federal Spy — published in Springfield, one week 
prior to the day of the meeting. And the Proprietors 
may choose a Clerk, who shall be sworn to the faithfuU 
discharge of his trust ; And they may also agree on a 
mode of calling future meetings, and at the same or sub- 
sequent meetings, may appoint such ofiicers, and make 
such byelaws and regulations as they shall judge necessary 
and convenient ; and all the votes and doings of the said 
Corporation shall be by the Clerk fairly recorded, in a book 
to be kept for that purpose. Approved March 16, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road, &c. 



1804. — Chapter 128. 

[January Sesaion, ch. 82.] 

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

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in Gener^al Court Assembled, and by the 
Authority of the same, that Isaac Davenport, Joseph Bill- 
ings, & Jeremiah Smith Boies together with such persons 
as may hereafter associate with them, and their Successors 
and assigns, shall be a Corporation by the name of the 
Brush Hill Turnpike Corporation, and by that name may 
sue and prosecute, and be sued and prosecuted, unto final 
Judgment & Execution, and have and use a Common 
Seal, and exercise and enjoy all other Priviledges & 
Powers, which are incident, and usually given to similar 
Corporations ; — for the purpose of laying out making 
and keeping in good repair, a Turnpike Road between 
Davenports corner so called near the West End of Blue 
Hill in Milton in the County of Norfolk and near the 
four Mile Stone in Roxbury near the Dwelling House of 
Ebenezer Sever Esqr. as follows, beginning at said Daven- 
ports Corner by the most favorable route to the upper 
Bridge so called near Boies's mills, from thence by the 
most favorable route at or near the said four mile Stone, 
and the said Road shall not be less than Sixty Six feet 
wide, and the Path to be travelled on not less than Twenty 
four feet wide, in any part thereof; and when the said 
Turnpike Road shall be well and sufficiently made, and 
shall be so approved by a Committee to be appointed by 
the Court of Common Pleas, within, and for the County 
of Norfolk, then the said Corporation, shall be authoriz'd 



Acts, 1804. — Chapter 128. 195 

to erect two Turnpike Gates on the said Road, one at or Two gates 
near the Lane, near the House of Benjamin Vose in Milton, 
and one at or near the Lane, near the Dwelling house of 
John White in Dorchester in such manner & places as 
shall be appointed by a Committee of the Court of Com- 
mon Pleas within & for the said County of Norfolk ; Pro- 
vided, that the said Turnpike Gates shall not be erected 
on any Road at present travelled. 

Sect. 2nd. Be it further enacted, that the said Corpo- corporation 
ration may purchase and hold land, over which they may ^Jf/h^ow'^iand^ 
make said Road, and the Justices of the Court of General for'^damages'''^ 
Sessions of the Peace within & for the said County, are t'Iken^vHhojt 
hereby authorized on the application of the said Corpora- agreement. 
tion, to lay out the said Road, or any part thereof, as they 
with the consent of the said Corporation, shall think proper 
by a Committee from said Court — and the said Corpora- 
tion 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 said Committee, saving to either Party 
the right of Trial according to the law which makes pro- 
vision for the recovery of Damages, arising from laying 
out Highways ; and if said Jury shall increase the damage 
estimated by such Committee, the said Corporation shall 
be holden to pay the Cost of such Jury Trial. 

Sect. 3d. Be it further enacted that it shall be law- Toiiestab- 
ful for said Corporation to demand and receive at each 
gate, 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, twelve Cents 
& five mills, and if drawn by more than two Horses, an 
additional Sum of one Cent for each Horse ; for every 
Cart or Waggon drawn by two Oxen or Horses five Cents, 
and if drawn by more than two Oxen or Horses the addi- 
tional Sum of One Cent for each Ox, or Horse ; for every 
Curricle, Chaise, Chair or other Carriage drawn by one 
Horse Six Cents two & one half mills, for every man & 
Horse two Cents ; for every Sled or Sleigh drawn by two 
Oxen or Horses, three Cents, and if drawn by more than 
two Oxen or Horses an additional Sum of One Cent for 
each additional Ox or Horse ; For every Sled or Sleigh 
drawn by one Horse three Cents, for every Horse Cart 
or Waggon drawn by one Horse three Cents each, for all 
Horses, mules, oxen or neat Cattle led or driven, besides 



lished. 



196 



Acts, 1804. — Chapter 128. 



Penalty for In- 
juring gales or 
road and for 
attempting to 
evade toll. 



Exemptions 
from toll. 



Provision for 
broad wheels. 



Penalty for 
delaying trav- 
ellers or exact- 
ing illegal toll. 



those in teams, five mills each ; for all Sheep or Swine, at 
the rate of two Cents for each Dozen ; Provided that said 
Corporation may, if they see fit, commute the rate of toll 
with any Person or with the Inhabitants of any Town by 
taking of him or them, a certain sum annually, to be 
mutually agreed upon in lieu of the Toll aforesaid. 

Sectn. 4th. Be it further enacted, that if any Person, 
shall cut, break down or injure or otherwise destroy 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 forcably pass or attempt to pass the 
said Gate by force, with intent to avoid the Payment of 
the legal Toll at such Gate or Gates, 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. And 
if any Person, with his team. Cattle or Horse shall turn 
out of said Road to pass the said Turnpike Gate, and again 
enter on said Road with an intent to evade the Toll, due 
by virtue of this act, such Person shall forfeit & pay two 
dollars to be recover'd by the Treasurer of said Corpora- 
tion to the use of the same, in an action of Debt ; Pro- 
vided however 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 of any Person 
for himself or his Servants, Horses, Cattle, Sheep, teams, 
Cart, Sled, or Sleigh passing to, or from his Farm, or 
land, or of any Person passing to, or from mill, or on the 
common, and ordinary business of Family concerns, or 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 & waggons ac- 
cording to the width of the Fellies of the wheels, on which 
they shall run, and the Burthens they shall carry. 

Sectn. 5th. Be 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, 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 
five dollars to be recovered before any Justice of the Peace 



Acts, 1804. — Chapter 128. 197 

for the County of Norfolk, by any Person injured, delayed 
or defrauded, in a special action on the Case, the writ in 
which case shall be served on the said Corporation, by 
leaving a Copy of the same with the Treasurer, or Avith 
some individual member, being within the County of Nor- 
folk or by reading the same to the said Treasurer, or indi- 
vidual 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 Cor- 
poration ; and the said Corporation shall be liable to pay 
all damages which may happen to any Person from whom 
Toll is demandable, for any injury which may be occa- 
sioned by 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. 

Sectn. 6th. Be it further enacted that the Shares in shares to be 
the same Turnpike Road shall be taken & deemed, and personri'estate 
considered to be Personal Estate, to all intents and pur- ferlwe!** "^*°* 
poses, and shall & may be transferable ; and the mode of 
transfering the said shares, shall be by Deed, acknowl- 
edged before any Justice of the Peace, and recorded in a 
Book to be kept for that purpose by the Clerk of said 
Corporation ; and such shares shall be liable to attachment 
& execution. 

Sectn. 7th. Be it further enacted that when any Pro- shares of de- 
prietor shall neglect or refuse to pay any Tax, or assess- io°d"a^nd*mode^ 
ment, duly voted and agreed upon by the Corporation, to prescribed. 
their Treasurer, within Sixty days after the time set for 
the Payment thereof, the Treasurer of said Corporation 
is hereby Authoriz'd 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 inci- 
dental charges after duly notifying the same in some News- 
paper Printed in Boston in the County of Suflblk, the Sum 
due on any such Share, or Shares, and the time and place 
of Sale, at least Twenty days previous to the day of Sale, 
and such Sale shall be a sufficient transfer of the Share or 
Shares so Sold, to the person purchasing ; and on produc- 
ing 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 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, 



198 



Acts, 1804. 



Chaptee 128. 



First meeting. 



Account of 
cost of road 
and annual 
statements to 
be exhibited. 



Corporation 
may be dis- 
solved when 
indemnified 
with interest. 



Sign-board. 



shall be paid, on demand, by the Treasurer, to the Person 
whose Share, or Shares shall have been thus Sold. 

Sectn. 8th. Be it further enacted that Isaac Daven- 
port, Joseph Billings and Jeremiah Smith Boies or any 
two of them, may appoint and notify a meeting of said 
Corporation for the purpose of choosing a Clerk (who 
shall be under oath) and such other Officers as may be 
determined upon by said Corporation, for regulating the 
concerns thereof; and the said Corporation may then and 
there agree upon such method of calling future meetings 
as they may Judge proper. 

Sectn. 9th. Be it further enacted that 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 the said Corporation shall 
annually exhibit to the Governor & Council, a true account 
of the income, or Dividend arising from said Toll with their 
necessary annual Disbursments on said Road ; and that 
the Books of said Corporation shall be at all times subject 
to the inspection of a Committee of the General Court and 
to the inspection of the Governor and Council, when called 
for. 

Sectn. 10th. Be it further enacted that the General 
Court may dissolve the said Corporation, whenever it 
shall appear to their satisfaction, that the income arising 
from the 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 f? Cent, by 
the year ; and thereupon the property of the said Road 
shall be vested in this Commonwealth and at their dis- 
posal. Provided, hoivever that if the said Corporation, 
shall neglect to complete the said Turnpike Road, for the 
space of two Years from the passing of this act, the same 
shall be void and of none effect. 

Sectn. 11th. Be it further enacted that the said Cor- 
poration shall, at all the places where the said Toll is col- 
lected, erect, and keep constantly Exposed to view, a Sign 
board with the Rates of Toll of all the tollable articles fairly 
and legibly written or printed thereon in large or Capital 
Characters. Approved March 16, 1805. 



Acts, 1804. — Chapter 129. 199 



1804. — Chapter 139. 

[January SeBsion, ch. 83.] 

AN ACT ESTABLISHING AN ACADEMY IN THE TOWN OF BATH, 
IN THE COUNTY OF LINCOLN, BY THE NAME OF BATH 
ACADEMY. 

Whey^eas the encouragement of literature in the rising Preamble. 
Generation has ever been considered by the wise and good, 
as the basis upon which the Safety & happiness of a free 
people idtimately dep)end; And v^hereas Dummer Seicall, 
Esquire & others, have petitioned this Court for the estab- 
lishment of An Academy in Bath, in the County of Lin- 
coln , for that purpose : 

Section 1st. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and by 
the authority of the same, that there be, & hereby is estab- fgiawuh^ed. 
lished in the Town of Bath, in the County of Lincoln, an 
Academy, by the name of Bath Academy, for the purpose 
of promoting piety and virtue ; and for the education of 
youth, in sucla languages and in such liberal arts and 
sciences, as the trustees hereinafter provided, shall order 
and direct. 

Section 2d. And be it further enacted, that Dummer Trustees. 
Sewall, Esq. Revd. Josiah Winship, Peleg Tallman, Esq. 
Nathaniel Coffin, Esq. Joshua Shaw, Esq. Mr. John Richard- 
son, William Webb, Esq. John Peterson, Esq. Hon. Mark 
L. Hill, Esq. Dudley B. Hobart, Esq. William King, Esq. 
Benjamin J. Porter, Esq. Mr. Samuel Davis, Mr. Isaiah 
Crooker, and Doctor Samuel Adams, be, and they are 
hereby nominated & appointed trustees of said Academy, 
and they are hereby incorporated into a body politic, by corporate 
the name of the " Trustees of Bath Academy " and they 
& their Successors shall be & Continue a body politic and 
Corporate by the same name forever. 

Section 3d. And Be it further enacted, that the said corporation to 

^ ' nave a «eal ; 

Trustees & their Successors shall have one Common Seal, may sue and be 
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 judgement and execution, by 
the name of the Trustees of Bath Academy, and may 
appoint an agent or agents to prosecute or defend such 
suit or suits. 



200 



Acts, 1804. — Chapter 129. 



Trustees to ap- 
point officers, 
&c. 



Number of 
trustees. 



Vacancies. 



Trustees may 
hold property, 
&c. 



Half township 
of land granted. 



Section 4th. And be it further enacted, that the said 
Dummer Sewall & others, the Trustees aforsaid, and 
their successors, be, and they are hereby made the Vis- 
itors, trustees & governors of the said Academy in per- 
petual succession forever, to be continued in the way and 
manner lie rein-after specified, with full power and Au- 
thority to elect such ofiicers of the said Academy as they 
shall judge necessary and Conveinient, & to make and 
ordain, such Laws, orders & rules, not repugnant to the 
laws of this Commonwealth, for the Good government of 
said Academy, as to them shall seem fit and requisite. 

Section 5th. And he it further enacted, that the num- 
ber of the Trustees aforsaid, shall not, any time, be more 
than fifteen nor less than nine, five of whom at least, 
shall be necessary to constitute a quorum for transacting 
business. 

Section 6th. And he it further enacted, that when- 
ever one or more of the Trustees aforsaid shall die or 
resign, or in the judgement of the major part of the trus- 
tees shall be rendered incapable, by age or otherwise, of 
discharging the duties of his Office, the trustees then sur- 
viving may elect one or more persons to fill the vacancy 
or vacancies. 

Section 7th. And he it further enacted, that the trus- 
tees aforsaid and their successors, be, and they are hereby 
renderd Capable in law, to take and hold, by gift, or grant, 
devise, bequest or otherwise, any lands, tenements, or 
other estate, real or personal, which have heretofore been 
given or subscribed, or which may hereafter be given or 
subscribed, for the purpose aforsaid. Provided, the 
anual income of the said real estate shall not exceed 
the sum of Two thousand Dollars, and the anual income 
of said personal estate shall not exceed the sum of Five 
thousand Dollars. And all deeds & Instruments, which 
the said Trustees may lawfully make, shall be sealed with 
their seal, and bind the Trustees & their Successors & be 
valid in law. 

Section 8th. And be it further enacted, that there 
be, and hereby is granted to the said Trustees and to their 
successors forever, for the use of said Academy, one Half 
Township of six miles square of the unappropriated lands 
belongino; to this Commonwealth in the district of Maine, 
(excepting the Ten Townships on Penobscott river lately 
purchased by the Commonwealth of the Indians, and ex- 



Acts, 1804. — Chapter 130. 201 

cepting likewise the land lately Contracted to be sold to 
Jackson & Flint and which Contract is now rescinded,) 
to be laid Out and Assigned by the Commissioners for the 
sale of Eastern Lands, under the restrictions and reserva- 
tions made in simillar Cases, on Condition that the treasurer 
of said trustees, shall, within three years from the passing 
of this Act, Certif}^ to said Commissioners that the sum 
of three Thousand Dollars, has been actually raised & 
secured for the endowment of said Academy, and appro- 
priated to the use thereof. 

Section 9th. And be it further enacted, That Peleg First meeting. 
Tallman, be, and he hereby is Authorised and empower'd 
to appoint the time and place for holding the first meeting 
of said Trustees and notify them thereof. 

Approved March 16, 1805. 

1804. — Chapter 130. 

[January Session, ch. 84.] 

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 assembled, and by the authority 
of the same, that from and after the passing of this Act, ^''™^*. 
Oliver Ware, junr., of Wrentham, in the County of Norfolk, 
shall be allowed to take the name of Arom Allchorous ; that 
Samuel Hunt, junr., of Boston, in the County of Suffolk, 
shall be allowed to take the Name of John Dixwell ; that 
David Curtiss, junr., of Granville, in the County of Hamp- 
shire, shall be allowed to take the Name of David Bishop 
Curtiss ; that Charles Thayer, son of Ziphion Thayer, 
upholsterer, of Boston, in the County of Suffolk, shall be 
allowed to take the Name of Charles Lambert Thayer ; 
that Joseph How, of said Boston, shall be allowed to take 
the Name of eToseph Neals How ; that William Goodridge, 
of said Boston, shall be allowed to take the Name of Wil- 
liam Marcellus Goodrich ; that Ebenezer Beckford, son 
of Ebenezer Beckford, of Salem, in the County of Essex, 
shall be allowed to take the Name of Ebenezer Hunt 
Beckford ; that Samuel Derby, of said Salem, Merchant, 
shall be allowed to take the Name of Samuel Gardner 
Derby ; that Jeremiah Fogg, of Boston, aforesaid, son of 
Daniel Fogg, of Braintree, in the County of Norfolk, shall 
be allowed to take the Name of Jeremiah Parsons Fogg ; 



202 Acts, 1804. — Chapter 131. 

that Jonathan Weston of Eastport, in the County of 
Washington, and son of Jonathan Weston, of Reading in 
the County of Middlesex, shall be allowed to take the 
Name of Jonathan De Lcsdernier Weston ; that William 
Brooks, of Mcdford, in the County of Middlesex, shall be 
allowed to take the Name of William Smith Brooks : And 
said persons shall, in future, be respectively known, and 
called by the Names, which they are respectively allowed 
to take as aforesaid ; and the same shall be considered as 
their only proper Names, to all intents and i)urp()ses. 

Approved March 16, 1805. 

1804.— Chapter 131. 

[January Session, ch. 85.] 

AN ACT PROVIDING FOR THE TUNISIIMENT OF INCENDIARIES, 
AND THE rERPETRATORS OF OTHER MALICIOUS MISCHIEFS. 

Sect. 1. Be it enacted by the Senate & House of 
Bejyresentatives, in General Court assembled, and by the 
Punishniont anlhovity of tlie Same, that if any person shall wilfully and 
dwelling house maliciously set tiro to the dwelling-house of another, or to 
MaVsttng*'''*' ""^ any out-building adjoining to such dwelling house, or to 
therein. ^^^^ otlicr buildiug, and b}^ the kindling of such tire, or by 

the buniiuii" of such other building, such dwelling-house 
shall be burnt, in the night time every such otfcnder, and 
an}'^ person present aiding, abetting, or consenting in the 
commission of such otfenco, or accessary thereto, before 
the fact, by counselling, hiring or procuring the same to 
be done, who shall be duly convicted before the Supreme 
Judicial Court of either of the felonies & otl'ences afore- 
said, shall sutler the punishment of death. 
punishtuent f.,r Skot. 2. Be it fiirtker enacted, that if any person 

burning II houso •>' ', i • i 

111 iho day-time shall wilfully aud maliciously burn in the day time, the 

or any meeting- - ,,. ,'' ,, . '' jimt !••• 

house, court- dwclling-liouse ot auotlicr, or any out-l)uilding adjoining 
thJ'ntifhtaimo. to such dwelling house, or an}' other building, whereby 
such dwelling house shall be burnt ; or if any person shall 
wilfully and maliciously set tire to any meeting-house, 
church, court-house, town-house, college, academy or 
other buildiug erected for public uses or to the store, 
barn or stable of another within the curtilage of any 
dwelling house ; and by the kindling of such tire, such 
meeting house, or other building erected for public uses, 
or such store, barn, or stable shall be burnt in the night 
time, every such oti'ender, & any person present, aiding, 



Acts, 1804. — Chapter 131. 203 

abetting or consenting in the commission of such offence, 
or accessary thereto, before the fact, by counselling, hir- 
ing or procuring the same to be done, who shall be duly 
convicted before the Supreme Judicial Court, of either of 
the felonies and offences aforesaid, shall be punished by 
solitary imprisonment, for such term, not exceeding one 
year, as the Justices of the said Court, before whom the 
conviction may be, shall sentence and order, and by con- 
finement afterwards to hard labour for life. 

Sect. 3. Be it further enacted, that if any person Punishment for 
shall wilfully and maliciously burn, in the day time, any in^gTou^Be.Tc^ ' 
meeting house or other building erected for public uses, JTranyitore.Tc. 
or any store barn or stable of another within the curtil- by night or day. 
age of any dwelling house ; or if any person shall wil- 
fully and maliciously burn by night or day, any other 
store, barn, stable, house or building whatsoever, or any 
ship or vessel lying in the body of any County ; every 
such offender, and any person, aiding or consenting in 
the commission of such offence, who shall be duly con- 
victed thereof, before the Supreme Judicial Court, shall 
be punished by solitary imprisonment, for such term, not 
exceeding one year, and by confinement afterwards to 
hard labour, for such term, not exceeding ten years, as the 
Justices of the said Court, before whom the conviction 
may be, shall sentence and order, according to the nature 
and aggravation of the offence. 

Sect. 4. Be it further enacted, that if any person Pnnishraent for 
shall wilfully & maliciously burn any stack of corn, hay, stack of com, 
grain, straw, corn-stalks, flax, fences, piles of wood, and'forkna'ng 
boards, or other lumber; or any soil, grass, trees, poles catue!™'"^ "°^ 
or underwood, of another, and if any person shall wilfully 
and maliciously kill, maim, or disfigure any one or more 
of the horses, sheep or cattle of another, every such 
offender, & any person aiding & consenting in the com- 
mission of such offence, who shall be duly convicted 
thereof before the Supreme Judicial Court, shall be pun- 
ished by solitary imprisonment, for such term not exceed- 
ing six months & by confinement afterwards to hard 
labour, for such term, not exceeding three years, or by 
fine not exceeding five hundred dollars, & by imprison- 
ment in the common goal, not exceeding one year, at the 
descretion of the Justices of the said Court before whom 
the conviction may be, & as they shall sentence and order, 
according to the nature & aggravation of the offence. 



204 



Acts, 1804. — Chapter 132. 



Punishment for 
concealing, &c. 
any perpetra- 
tor of the fore- 
going offences. 



Sect. 5. And be it further enacted, that if any person 
after any felony or offence done and committed by any 
Incendiary in any manner as aforesaid, sliall knowingly 
harbour, conceal, maintain, assist or relieve such offender, 
or any accessary before the fact in any such felony or 
offence, every such accessary after the fact, who shall be 
duly convicted thereof before the Supreme Judicial Court, 
shall be punished by solitary imprisonment for a term not 
exceeding one month & by confinement afterwards to hard 
labour for a term not exceeding five years ; or by a fine 
not exceeding one thousand dollars, and by imprisonment 
in the common goal not exceeding one year, at the dis- 
cretion of the Justices of the said Court before whom 
the conviction may be, and as they shall sentence and 
order thereupon according to the nature and aggravation 
of the offence. 

Sec. 6. Be it further enacted, that this act shall be in 
force from and after the first day of September next and 
not before. Approved March 16, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road. 



1804. — Chapter 132. 

[January Session, ch. 86.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE WILLIAMSBURGH AND WINDSOR TURNPIKE CORPORA- 
TION. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same that Calvin Hall, Benjamin Brown, 
Asahel Potter, Rufus Wiscol, Noah Greene, Nathaniel 
Luther, Edmund Lazell, William Otis, John Williams, 
Nehemiah May, Asa White and Elisha Hubbard, together 
with such others as may associate wath them and their 
Successors, be and they hereby are instituted a Corpora- 
tion by the name of the Williamsburgh and Windsor 
Turnpike Corporation, and shall by that name sue and be 
sued, and enjoy all the privileges and powers which are 
by law incident to Corporations for making Turnpike 
roads, for the purpose of laying out and making a Turn- 
pike road from the east line of the Town of Williams- 
burgh in the County of Hampshire near the dwelling 
house of Amasa Cleveland, thence on the road now trav- 
elled towards Williamsburgh Meeting house to an Orchard 
owned by Joshua Warner, thence in the direction through 



Acts, 1804. — Chapter 132. 205 

or near said orchard and pastures to the house of Daniel 
Trisdale, thence on the present travelled road by Wil- 
Iiamsburo;h Meetina; house to Josiah or Dorus Dwio-hts, 
thence through the westerly part of said Dwights Orchard 
to strike the river in the most convenient place, thence 
near the river, between the houses of Gary and John 
Steward, to the road now travelled west of the dwelling 
house of Captain Coffin in said Williamsburg, thence on 
the present travelled road, by Goshen Meeting house, to 
John Williams's, thence westerly in the most eligible 
route to the pond or river road through Goshen and Cum- 
mington, to Windsor East line, thence through Windsor, 
by Col. Amos Holbrook's to Rufus Wescots dwelling 
House, thence in the most direct and best course, to 
Chesshire East line, 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 feet wide in any place, and that when, the said 
Turnpike road shall be sufficiently made and approved of 
by a Committee appointed by the Courts of General Ses- 
sions of the Peace for the County of Hampshire, and 
Berkshire, for that purpose, such Committee not having 
any Share or interest in said Turnpike, then the said 
Turnpike Corporation shall be authorised to erect two Two gates 
Turnpike Gates on the said road, at such places as the 
Committe of said Courts of Sessions shall judge neces- 
sary and convenient for collecting the toll. Provided 
that said turnpike gates shall not be erected on any road 
at present travelled. And said Corporation shall be en- Toiiestab- 

lisncd* 

titled to receive of each traveller and passenger, at each 
of the said Gates, the following rates of toll. Viz. for 
each 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 horses or Oxen, twelve and a half cents, 
and if drawn by more than two Oxen or horses, an addi- 
tional 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, twelve cents and an half, for 
every man and horse five 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 
three Cents for each ox or horse, for every Sled or Sleigh 



206 



Acts, 1804. — Chapter 132. 



Corporation 
may purchase 
and bold land 
and to be liable 
for damages 
where same is 
talsen without 
agreement. 



Penally for 
delaying travel- 
lers or exact- 
ing illegal toll. 



drawn by one horse, Eight cents, for all Oxen, horses, 
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 for one dozen — Provided that the said 
Corporation may if they see cause commute the rate of 
toll with any 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 Courts 
of General Sessions of the Peace, in the Counties of 
Hampshire and Berkshire, are hereby authorised, on ap- 
plication of said Corporation, to lay out said road, or 
any part thereof within the said Counties of Hampshire 
and Berkshire, 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 per- 
son, by taking his land for such road, when the same can- 
not be obtained by voluntary agreement, to be estimated 
by Committees appointed by the Courts of General Ses- 
sions of the Peace, of the said Counties of Hampshire 
and Berkshire, 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 high- 
ways. 

Sec. 3d. And be it further eriacted, that if said Cor- 
poration, or their toll gatherer, or others in their employ, 
shall unreasonably delay or hinder any traveller or pas- 
senger, at either of the 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 
shall be committed, by any person injured, delayed or 
defrauded, in a special Action of the case, the writ in 
which case shall be served on said Corporation, by leav- 
ing a Copy of the same, with the Treasurer, or with some 
individual member of said Corporation, living in the 
county where the action may be brought, or by reading 
the same to the said Treasure!-, or individual 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, 



Acts, 1804. — Chapter 132. 207 

and the said Corporation shall be liable to pay all dam- 
ages that shall happen to any person from whom 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 keep- 
ing the same in good repair. 

Sec. 4th. And be it further enacted, that if any per- ^^.°'J;!|y ^°'" 
son shall cut, break down, or otherwise injure, or destroy or road and 
either of the said Turnpike Gates, or shall dig up or tV^^al^io\\.^ 
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, such person shall forfeit and pay a fine 
not exceeding fifty dollars, nor less than two dollars, to be 
recovered by the Treasurer of said Corporation to their 
use in an Action of tresspass, and if any person with 
his team, Cattle or horse, turn out of said road to pass 
either of the Turnpike gates, and again enter on the said 
road, with an intent to evade payment of 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 the case. Provided, Exemptions 

.' 1,1 T "11 ' \ fi'oni toll. 

that nothmg m 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 passing 
on Military duty. 

Sec. 5th. And he it further enacted, that the shares shares to be 
in the said Turnpike road, shall be taken, deemed and persona^eetate 
considered to be personal estate, to all intents and pur- uansferabie. 
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 said Corporation in a book for that purpose to 
be provided and kept. 

Sec. 6th. And he it further enacted, that the first First meeting. 
meeting of the said Corporation shall be held at the house 
of Col. Amos Holbrook innholder in Windsor, on the 
nineteenth day of June next at ten of the Clock in the 
forenoon, for the purpose of choosing a Clerk, who shall 



208 



Acts, 1804. — Chapter 132. 



Account of coat 
of road and 
annual state- 
ments to be 
exhibited. 



Shares of de- 
linquents to be 
sold and mode 
prescribed. 



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 said Corpora- 
tion may tlien establish sucli rules and regulations, as 
shall be judged necessary, for the l)etter management of 
its affairs. Provided such regulations shall not be repug- 
nant to the Laws of this Commonwealth, and the said 
Corporation may at the same time agree upon a method 
of callino- future Meetino;s. 

Sec. 7th. And be 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 shall annually exhibit to the 
Governor and Council, a true account of the income or 
dividend arising from the said toll, with their necessary 
and annual disbursements on said road, and that the 
books of the Corporation shall at all times be subject to 
inspection of a Committee to be appointed by the Gen- 
eral Court, or to the inspection of the Governor & Coun- 
cil when called for. 

Sec. 8th. 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- 
tion, to their Treasurer within sixty days from 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 a News 
paper printed in Northampton, or in case their shall be no 
such paper printed there at the time, then in some other 
news paper printed in the County of Hampshire, 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 persons purchasing the same, and on produc- 
ing 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 Corporations, and such 
persons shall be considered, to all intents and purposes, 
the proprietor thereof, and the overplus if any there be, 
shall be paid on demand to the person whose shares were 
then sold. 



Acts, 1804. — Chaptee 133. 209 

Sec. 9th. And be it further enacted, that the said Krected'/'* 
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 ar- 
ticles fairly and legibly written thereon, in large or capital 
Characters. 

Sec. IOtii. And he it further enacted, that the Gen- Corporation 
eral Court may dissolve said Corporation whenever it solved when 
shall appear to their satisfaction that the income arising wUMntei^est. 
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 said road, to- 
gether 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 five Years from the passing of this Act the same 
shall be void and of no effect. 

Approved March 16, 1805. 



1804. — Chapter 133. 

[January Session, ch. 87.] 
AN ACT AGAINST SODOMY AND BESTIALITY. 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same. That if any man shall commit the 
Crime against nature with a man or male child, or any 
man or woman shall have carnal copulation with a beast, 
every such Offender, being duly convicted thereof, in the 
Supreme Judicial Court, shall be punished by solitary 
imprisonment, for such term, not exceeding one year, & 
by confinement afterwards to hard labour, for such term, 
not exceeding ten years, as the Justices of said Court, 
before whom the conviction may be, shall sentence and 
order. 

Sec. 2. Be it further enacted. That this Act shall be 
in force from and after the first day of September next. 

Approved March 16, 1S05. 



210 Acts, 1804. — Chapter 134. 

1804. — Chapter 134. 

[January SeesioD, cb. 88.] 

AN ACT IN ADDITION TO AN ACT ENTITLED "AN ACT TO 
REGULATE 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 by the Senate and House of 
Ilepresentatives in General Court assembled and by the 
Sluice or pas- authority of the same That so long as there shall be a 
fisrtruemade. forffe oi' mill OD the Nashua Eiver between Groton and 
Pepperreil where Ephraira Lawrence's forge and mill are 
now situated on said river or there shall be erected or 
kept any dam across said river for the working said forge 
or mill it shall be the duty of the owner or occupant of 
such forge or mill to cause to be made a sluice or passage 
way for fish to pass up and down through such dam where 
the same has been marked out and directed by the Hon. 
Jonathan Maynard Esq. the Hon. Loammi Baldwin Esq. 
and William Adams Esq. a Committee of the Legislature 
appointed by an order of both Houses passed on the 
nineteenth day of June last past for that purpose, con- 
formable to a plan of said sluice or passage way made by 
said Committee and annexed to their report made to the 
Legislature during their present session which said sluice 
or passage way shall be kept in good rej^air by such owner 
or occupant and shall be not less than fifteen inches wide 
in the narrowest parts thereof and shall be kept open from 
the fifteenth day of April to the fifteenth day of June 
inclusive in each year. 
Owner or occu- Sect. 2. Be it further enacted That so long as the 
muir^ottobe owucr or occupaut of such forge or mill shall cause to be 
cutil)Vas'7o°if| made and kept open as aforesaid a sluice or passage way 
kept^open'!^^ '^ through Said dam of the dimensions aforesaid and of the 
form and construction prescribed by said Committee for 
the free passage of fish up and down the said river such 
owner or occupant shall not be subject to any prosecu- 
tion under or by force of the act for regulating the 
catching salmon shad and alewives and for preventing 
obstructions in Merrimack River and in the other rivers 
and streams running into the same nor to any of the for- 



Acts, 1804. — Chapter 135. 211 

feitures therein contained, any law usage or custom to the 
contrary notwithstanding. 

Sect. 3. Be it further enacted That this act shall con- Act limited. 
tinue & be in force for and during the term of five years 
from the passing thereof and no longer. 

Approved March 16, 1805. 

1804. —Chapter 135. 

[January Seaeion, ch. 89.] 

AN ACT ENABLING THE MINISTER OF THE FIRST CHURCH IN 
CAMBRIDGE, TO EXCHANGE OR SELL A CERTAIN PIECE OF 
LAND GRANTED TO THE MINISTERS OF THAT CHURCH IN 
SUCCESSION. 

Whereas Andrew Belcher by his deed bearing date the Preamble. 
twentieth day of April, Anno Domini One iliousand seven 
hundred and eleven *^ did freely, fully and absolutely 
give, grant, surrender, release, assign, ti'ansfer, and for- 
ever quitclaim to WiUia?n Bi^attle, Clerk, then Pastor of 
the Church and Congregation in the body of the town of 
Cambridge, and his successors in the ministry to the said 
Church and Congregation forever,'^ a piece of Salt marsh 
in said Cambridge, therein described, and containing 
about three acres, " to have and to hold the satne to the 
said William Brattle and his successors in the ministry to 
the Church and Congregation aforesaid, to his and their 
only p)ro2Jer use forever; he and they successively to have, 
receive, take and enjoy the rents issues and profits of the 
same from time to time, and at all times forever thereafter." 
And whereas Abiel Holmes the present minister of the said 
Chiirch and Congregation is desirous to exchange the said 
granted premises for other la7ids to be holden in succession 
as aforesaid, or other wise to sell the same, and to vest the 
proceeds thereof in other real estate to be holden as afore- 
said; & the inhabitants of said parish or precinct have by 
their vote, at a meeting for that purpose had on the fifth 
day of March current, signified their consent thereto. 

Sec. 1st. Be it therefore enacted by the /Senate and 
House of Representatives, in General Court assembled, 
and bi/ the authoriti/ of the same. That the said Abiel ^u^**^ °^ ^T;„, 

•^ •-' J ' _ cnange auliior- 

Holnies ])e, and he is hereby authorized and empowered Jzed. 
by and with the consent of the Committee appointed by 
the vote aforesaid for that purpose, to make and duly ex- 
ecute a deed of exchange with any person or persons of 
the said peice of Salt marsh for such other real estate as 



212 Acts, 1804. — Chapter 136. 

shall be by him and the said Committee, or such Commit- 
tee for the time being, agreed to be taken in exchange 
therefor ; and the said Abiel Holmes, in his said capacity, 
is hereby authorized to receive tals:e and hold to him 
and his successors forever any real estate which shall be 
so conveyed to him in exchange as aforesaid, or to sell as 
aforesaid the said peice of Salt marsh, and to vest the 
proceeds thereof in other real estate to be holden in like 
manner in all respects as the said salt marsh is now 
holden, and the rents, issues and profits thereof shall ac- 
crue and enure to the sole use and benefit of him the said 
Abiel Holmes during his continuance in the ministry afore- 
said, and to his successors in said Ofiice forever, and to 
no other use whatever. 
soid^'oceedV' Sec. 2d. And be it further enacted, That if the said 
to be put at peice of Salt marsh should not be exchanged for other 
real estate, as is afore provided, but be sold, that then, 
and in such case the proceeds of sale shall be placed in 
some public fund or bank stock, or put out at interest as 
shall or may be agreed upon by the said minister of said 
parish and the said Committee, or the minister and the 
Committee of the said parish for the time being, or such 
other person or persons as the said inhabitants of said 
parish shall think fit to appoint from time to time to man- 
age the same, with the consent of the minister thereof, 
untill such proceeds shall be vested in other real estate ; 
and the income, interest or profits of such proceeds, until 
the same may or shall be vested in real estate as aforesaid, 
shall accrue and enure to the sole use and benefit of the 
said Abiel Holmes, during his continuance in his said 
ministry, and to his successors, and to no other use what- 
Pioviso. ever : Provided always that the same, during the vacancy 

of said Office, whenever it shall happen, shall be added 
to the capital sum, and be taken and considered to every 
intent as part thereof; and the income, interest or profits 
of such additional sums, shall enure and accrue to the use 
of the minister of said parish for the time being. 

Approved March 16, 1805. 

1804. — Chapter 136. 

[January Session, ch. 90.] 

AN ACT TO PREVENT THE CIRCULATION OF PRIVATE NOTES, 
BILLS, ORDERS, AND CHECKS UNDER FIVE DOLLARS. 

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



Acts, 1804. — Chapter 137. 213 

Authority of the same, That if any person shall, after the pa°B^n|n°[e8 
tenth day of April next, issue, or pass, any note, bill, ^^°- Jf^n ''^^°' 
order, or check, other than the Notes or bills of any Bank amount as 
incorporated by the Laws of this Commonwealth, or of ''""^"''^' 
some one of the United States, for a sum less than five 
Dollars, or whereon less than five dollars shall be due at 
the time of such issuing or passing thereof, with an intent 
that the same shall be circulated as currency, he shall for- 
feit and pay for every such oflence the sum of fifty dol- 
lars, to be recovered by indictment in the Supreme Judicial 
Court, to the Use of the Commonwealth ; indictment in 
the Court of Common pleas, to the use of the County ; 
or Action of Debt to the use of any person who shall first 
sue therefor, in any Court of Competent Jurisdiction. 
Provided However, that nothing herein contained shall 
affect the rights or privileges already granted to any Bank 
or Banks incorporated within this Commonwealth, or be 
construed to extend to persons receiving or passing any 
bill issued by such Bank. 

Sectn. 2d. And he it further enacted. That an Act, fo^Xct^notes,' 
entitled "An Act to restrain the issuins: of printed prom- &c. for a greater 

~ 1 I amount than 

issory Notes of certain denominations, and for other pur- five dollars. 
poses " passed on the eighteenth day of February last, 
shall not be deemed or construed to extend to any bill, 
note. Check, draught, or obligation, on which there shall 
be due an amount greater than Five Dollars, any thing in 
said act to the contrary notwithstanding : Provided, that 
nothing herein contained shall be construed to repeal in 
whole, or in part an Act, entitled an Act to prevent the 
Circulation and Currency of bank bills of a denomination 
less than five Dollars. Axtproved March 16, 1805. 

1804. — Chapter 137. 

[January Session, ch. 91.] 

AN ACT TO INCORPORATE BENJAMIN HALL ESQR. & OTHERS 
BY THE NAME OF "THE PROPRIETORS OF THE MEDFORD 
BRANCH, CANAL Sc LOCKS BETWEEN THE MIDDLESEX CANAL 
& MYSTIC RIVER AND EASTERLY OF THE POST ROAD LEAD- 
ING FROM CHARLESTOWN TO MEDFORD." 

Whereafi Benjamin Hall and others have obtained jjei'- Preamble. 
missio7i from the pi^oprietors of the Middlesex Canal to 
open a Communication between said Canal & Mystic river 
by a Branch and Lochs to be constructed Easterly of the 
post road leading from Charlestown to Medford and have 
petition' d to be incorporated for that purpose. 



214 



Acts, 1804. — Chapter 137. 



Persons incor- 
porated. 



Corporate 
name. 



First meeting. 



Shares, &c. 



Shares to be 
transferable. 



Toll estab- 
lished. 



Section 1st. Be it therefore enacted hy the Senate and 
House of Representatives in General Goiirt assembled, and 
by the Authority of the same, that Benjamin Hall Esqr. 
Richard Hall & Ebenezer Hall, their Associates & Suc- 
cessors are hereby incorporated & shall be a Corporation 
forever under the name of the Proprietors of the Medford 
Branch Canal & Locks between the Middlesex Canal and 
Mystic River & Easterly of the Post-road leading from 
Charlestown to Medford, and by that name may sue & 
be sued, and shall be and hereby are vested with all the 
powers & priviledges incident to Corporations of a similar 
nature. 

Section 2d. And he it further enacted, that the Pro- 
prietors of said Medford Branch Canal & Locks or any 
two of them be empowered to notify a meeting of the said 
proprietors at such time & |)lace, as they may think proper 
by advertizing the same in two of the Boston newspapers, 
fifteen days before the time of holding such meeting ; to 
regulate the manner of calling future meetings of the pro- 
prietors, and to do & transact such matters & things as 
shall be expressed in the notification for said meeting, that 
the said Proprietors may at the same time Choose a Clerk, 
Treasurer and such other Officers as they shall deem neces- 
sary — and also may Choose a Committee for ordering and 
regulating the business and afiairs of the said Corporation. 

Section 3d. -Be 27 ywr^Aere/iac^ecZ, that the proprietary 
interest shall be divided into thirty shares and that each 
share therein shall entitle the Proprietors thereof to one 
Vote, Pi'ovided however, that no one Proprietor shall have 
a right to more than five Votes at any meeting of the Pro- 
prietors, and that all matters shall be determined by the 
major votes of the proprietors present at any meeting duly 
called, and of Proxies specially appointed. 

Section 4th. Be it further enacted that the said Med- 
ford Branch Canal & Locks shall be so far Considered per- 
sonal estate, that the shares thereof may be transfered in 
such manner as the said Corporation shall establish, and 
that this Act and all rules, regulations & votes of the said 
Corporation shall be fairly and truly recorded by the Clerk 
thereof in a Book or Books to be provided & kept for that 
purpose. 

Section 5th. Be it further enacted that for the pur- 
pose of reimbursing the said Proprietors the moneys by 
them to be expended in forming, building and supporting 



Acts, 1804. — Chapter 137. 215 

the Branch & Locks aforesaid, a Toll be & is hereby granted 
and established for the benefit of the proprietors according 
to the rates following viz. for every Ton weiglit that shall 
be transported in Boats or other vessels, thro' the said 
Medford Branch Canal & Locks, the Sum of one Sixteenth 
part of a Dollar per Ton for each lock and the same sum 
pr. Ton for all masts, timber, & Lumber floated or rafts 
or otherwise through the said Branch or Locks. And 
whereas it may be necessary in the formation of the said 
Branch & Locks that the property of private persons may 
(as in the case of Highways) be appropriated for the use 
of the said Medford Branch Canal & Locks, by the Digging 
& forming of the said Branch & Locks or by being over- 
flowed or damaged. 

Section 6th. Be it therefore enacted, that in all such in case private 
cases the person or persons damaged, shall be entitled to L'kJ'n"^'^ 
the same means of redress which are established and pro- 
vided in the Case of persons damaged in like manner by 
the Middlesex Canal, and the same modes of process shall 
be pursued. 

Section 7th. Be it further enacted, that the said Pro- Real estate may 
prietors be, and they are hereby authorised and empow- 
er'd to purchase & hold Real Estate to the value of Ten 
thousand Dollars. 

Section 8th. Be it further enacted, that there shall toii gatherers 

11X1 • 1 -r> 1 • *° S'^'® constant 

be toll gatherers to attend the Locks on said Branch in attendance. 
the day time and at suitable places, who shall give Con- 
stant Attendance at their respective stations during the 
season for Boats & rafts to pass, and on the toll being paid 
shall immediately permit passengers with their property 
to pass the said Branch & Locks, Provided Hoiuever that ^emme'con! 
nothing in this Act shall contravene or be construed to filmed. 
contravene the true intent and meaning of the provisions, 
agreements, restrictions & qualifications. Contained in an 
indenture made and executed on the eighth day of October 
last by & between the proprietors of the Middlesex Canal 
of the one part, and Benjamin Hall, Richard Hall and 
Nathaniel Hall for themselves & their Associates of the 
other part, but the same shall be binding on the Corpora- 
tion hereby created. 

Section 9th. And Be it further enacted, that the Toll ^"""^f^on. 
on said Branch & Locks shall commence as soon as the 
said Branch and Locks shall be Completed. And whereas 
the said Medford Canal will Cross the Medford Turnpike 



216 



Acts, 1804. — Chaptek 138. 



Dimensions, 
&c. of bridge to 
be erected. 



road at which place of Crossing a Bridge on the said Turn- 
pike Road will be necessary for passing said Canal & Locks. 
Sect. 10. Be it further enacted, that said Bridge shall 
not he raised to a greater hight from the top of said Turn- 
pike Road as it now is to the Upper side of the planking 
in the middle of said Bridge than four feet and six inches ; 
that the said Bridge be built the full width of ^aid Turn- 
pike road, from railing to railing ; That the asscent of the 
Causway from the present level of the said Turnpike Road 
to said Bridge on both sides of the same, shall not exceed 
the ratio of five inches to a rod, That said Bridge and 
Causeway shall be finished to the Acceptance of the stand- 
ing Committee of the said Turnpike Corporation, and that 
said Bridge and Causeway shall be made & kept in repair 
forever by the proprietors of the said Medford Canal & 
Locks. Approved March 16, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



Course of the 
road. 



1804. — Chapter 138. 

[January Session, ch. 92.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF 
THE FRYEBURG, BALDWIN AND PORTLAND TURNPIKE COR- 
PORATION. 

Section 1st. Be it enacted hy the Senate and House 
of Bepresentatives, in General Court assembled, and by 
the authority of the same. That Jacob McGaw, Judah 
Dana, James Osgood, Lewis McMillan, Robert Bradley, 
Timothy Osgood, Henry Y. B. Osgood, William Fes- 
senden, John McMillan, John Bradley, Philip Page, 
Joshua B. Osgood, Seth Spring, Simon Frye and Philip 
Eastman, with such others as may hereafter associate with 
them and their successors, be, and they are hereby con- 
stituted a Corporation, by the name and style of the Frye- 
burgh, Baldwin and Portland Turnpike Corporation, with 
all the Powers and privileges incident to and usually given 
and belonging to similar Corporations ; for the purpose of 
laying out, making and keeping in repair a Turnpike Road 
between the Notch of the White Hills, in New Hampshire, 
and Portland in the District of Maine : said Turnpike Road 
to commence at or near to Fryeburg Academy in Fryeburg ; 
and thence to run, in the most direct and convenient course, 
towards Portland, through the Towns of Brownfiekl, Hiram, 
Baldwin, and a part of Stan dish, and to terminate at or 
near Standish Meeting-House ; which Turnpike Road shall 



Acts, 1804. — Chapter 138. 217 

not be less than four rods Avide ; and the part to be travelled 

on not less than twenty four feet wide, in any part thereof; Bridges may 

and the said Corporation are hereby authorised to erect, 

and shall be obliged to keep in good repair, all such bridges 

as may be necessary on said Turnpike Road ; 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 Oxford and Cumberland, for that purpose ; (provided 

that no member of either of the said Committees shall have 

any share or interest in said Turnpike Road, or shall own 

any Land through which the same shall pass, and shall 

Judge only of the portion of the said Turnpike in the 

County in Avhich he resides) then the said Turnpike Cor- Gates allowed, 

poration shall be authorised to erect gates on the said ^'^' 

Road, at such places as the said Committee of the said 

Courts of Sessions and the said Corporation shall judge 

necessary and convenient for collecting the toll : Provided 

that no turnpike gate be erected, nor any toll demanded 

on any part of the present travelled roads ; and there shall 

not be more than four gates erected upon said Turnpike 

road ; and the said Corporation shall be entitled to receive 

of each traveller or passenger, at each of the said gates, 

the following rates of toll, viz. for each coach, chariot, Touestab- 

phaeton or other four wheeled carriage, drawn by two 

horses, twenty five cents, & 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 

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 & horse five 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 xoiimaybe 

rate of six cents for one dozen ; pi'ovided that said cor- ''°°"^"*^**- 

poration 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 said Corporation at 



218 



Acts, 1804. — Chapter 138. 



Sign-board. 



Corporation 
may purchase 
and hold land 
and to be liable 
for damages 
where same is 
taken without 
agreement. 



Penalty for 
delaying travel- 
lers or ex- 
acting illegal 
toll. 



each place where the toll aforesaid shall be collected, shall 
erect in a conspicuous place, and constantly keep exposed 
to open view, a sif^n board with the rates of toll of all the 
tollable articles fairly and legibly written thereon in large 
or capital characters : provided, also, that not more than 
half the rate of toll aforesaid, shall be demanded for carts 
or waggons, the fellies of the w^ieels of which shall be not 
less than six inches in width : and the General Court shall 
have the right otherwise to regulate the toll on carts and 
waggons according to the width of the fellies of the wheels 
on which they shall run & the burthen they shall carry. 

Section 2. And he it further enacted, that the said 
corporation may purchase and hold land over which they 
may make said road ; and the Justices of the Courts of 
General Sessions of the peace in the Counties of Oxford 
& Cumberland are herel\y authorized, on application of 
the said Corporation, to lay out the said road or any part 
thereof, within the said Counties of Oxford & Cumberland 
by a Committee appointed by said Courts, as, with the con- 
sent of said Corporation, they shall think proper ; and the 
said Corporation shall be liable to pay all damages which 
may arise to any person, by taking his or her land for 
such road, (where the same cannot be obtained, by mutual 
agreement, of said corporation and the owner of such land,) 
to be estimated by said Committee (provided that no mem- 
ber of the committee, appointed in either of said counties 
shall have any share or interest in said Turnpike road or 
in the land which may be taken to make said road) 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. 

Section 3. And he it further enacted, that if the said 
corporation or their toll gatherers, or others in their em- 
ploy, shall unreasonabl}'^ delay or hinder any traveller or 
passenger at either of said gates, or shall demand or receive 
more toll than is by this act established, the said corpora- 
tion shall forfeit & pay a sum not exceeding ten dollars 
nor less than two dollars, to be recovered before any Jus- 
tice of the peace of the County where the oflence shall be 
committed, by any person injured, delayed or defrauded, 
in a special Action of 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 individual mem- 
ber thereof living in the County where the action may be 



Acts, 1804. — Chapter 138. 219 

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 liable to pay all damages which may happen to any per- 
son from whom toll is demandable, for any damage wdiich 
shall arise to such person, from defect of bridges or want 
of repairs in the said Turnpike road, and the said Corpo- 
ration shall also be liable to presentment by the Grand 
Jury, for neglecting to keep the same in good repair. 

Section 4. And be {(further enacted, that if any per- Penalty for 
son shall break down, cut or otherwise injure or destroy orroad^nd^^ 
either of the said Turnpike gates, or shall dig up or carry to'evadrtou?^ 
away any earth from the said road, or in any manner dam- 
age the same ; or shall forcibly pass or attempt to pass 
any of 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 dol- 
lars to be recovered by the treasurer of the said Corpora- 
tion, to their use, in an action of trespass on the case. 
And if any person with his team, cattle or horse, turn out 
of the said road and again enter on the same 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 cor- 
poration to the use of the same, in an action of debt or on 
the case : Provided that nothing in this act shall extend f-om toii?°^ 
to entitle the said Corporation to demand & receive toll 
of any person who shall be passing with his horse or car- 
riage to or from public worship, or Avith his horse, team 
or cattle to or from his common labour on his fiirm or to 
or from any grist mill, or on the common & ordinary busi- 
ness of family concerns, or from any person or persons 
passing on military duty. 

Section 5. And be it further enacted, that the shares shares to be 
in the same turnpike shall be taken, deemed & considered sonai'Se^and 
to be personal estate to all intents & purposes, and shall aWe! "''"*^^'^" 
and may be transferable ; and the mode of transfering the 
said shares shall be by deed acknowledged before any Jus- 
tice of the Peace, and recorded by the clerk of the said 
corporation, in a book to be provided & kept for that 
purpose. 

Sect. 6. And be it further enacted, that the first ^irst meeting. 



220 Acts, 1804. — Chapter 138. 



meeting of said Corporation shall be holden at the house 
of James Osgood in said Fryeburg, on the last Monday 
of May next, at ten O'clock in the forenoon, for the pur- 
pose of choosing a clerk who shall be sworn to the faithful 
discharge of the duties of his office ; and such other officers 
as may then & there be agreed upon by said Corporation ; 
and the said Corporation may at any legal meeting thereof 
establish such rules and regulations, as shall be judged 
necessary for the well ordering of its affiiirs ; and at the 
said first meeting may determine the method of calling 
future meetings : Provided, that such rules & regulations 
shall, in no case, be repugnant to the constitution, or the 
laws of this Commonwealth. 
^/roadand*'°*' Section 7. Aiid be it farther enacted, that the said 
annual state- Corporatlou sliall, witliiu six months after the said road 
exhibited. is complcatcd, 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 ap- 
pointed by the General Court for that purpose, or to the 
inspection of the Governor and Council when called for. 
Shares of deiin- Section 8. Aiid be it further enacted, that whenever 
sold and mode any proprietor shall neglect or refuse to pay any tax or 
prescribed. asscssuient 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 necessary 
incidental charges, after having given public notice of such 
sale in two or more of the newspapers printed at Portland 
in said County of Cumberland, the sum due on any such 
share or 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 purchaser, with the 
number of shares so sold, shall be, by the clerk, entered 
on the books of the said corporation, & such purchaser 
shall be considered, to all intents and purposes, the pro- 



Acts, 1804. — Chapter 139. 221 

prietor thereof, and the overplus, if any there be, shall 
on demand be paid by the Treasurer, to the person whose 
share or shares shall be sold. 

Section 9. And be it further enacted, That the Gen- Corporation 
eral Court may dissolve the said Corporation whenever it solved when 
shall appear to their satisfaction that the income arising witMnterest. 
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 the said road, together 
with an interest thereon at the rate of twelve per cent, per 
annum ; & thereupon the property of the said road shall 
be vested in this Commonwealth, & be at their disposal : 
Provided, that if the said Corporation shall neglect to 
complete said Turnpike road, within seven years from the 
passing of this act, the same shall be void & of no effect. 

Approved 3Iarch 16, 1805. 

1804. — Chapter 139. 

[January Seesion, ch. 93.] 

AN ACT TO INCORPORATE WILLIAM GRAY JUNR. ESQR. AND 
OTHERS BY THE NAME OF "THE AMESBURY NAIL FAC- 
TORY COMPANY." 

Whereas Willia7n Gray Junr. Esqr. and others his Preamble, 
associates have purchased the mill seats Buildings and 
machinery situated ujjon Powow River in Aniesbury in 
the County of Essex, known by the name of the Ames- 
bury Nail factory, and have purchased other Land, <& 
built a rolling & Slitting Mill there — have formed a Com- 
pany for the purpose of carrying on the Ma.nifacture of 
Nails there and such other useful Manufactures as shall 
by said Company be thought for their interest — and have 
petitioned the General Court, that they may be incorporated 
with such potvers as may enable them more conveniently and 
effectually to execute the purpose aforesaid — 

Sect. 1. Be it therefore enacted by the Senate and 
House of Representatives in General Court assembled and 
by the authority of the sa7ne That William Gray Jun. Esqr. , Persons incor- 
Samuel Gray, Clifford Crowninshield, John Jenks, Wil- '^'^'^''^^ ' 
liam Ward, Abel Lawrence, Edward South wick William 
S. Gray, John Appleton, George Dodge, Merchants, and 
Samuel Putnam Esqr., and all persons who may hereafter 
become partners in said Company, be, and they hereby 
are made and constituted a body politic and corporate, 



222 



Acts, 1804. — Chapter 139. 



Corporate 
name. 



Corporation 
authorized to 
erect other 
mills, &c. 



Amount of real 
and personal 
estate allowed 
to be held. 



Number of 
shares. 



Officers to be 
chosen. 



by the name of " The Amesbury Nail-factory Company," 
and by that name may sue and be sued in all actions real 
personal or mixed to final Judgment & execution — and 
may do and suffer all acts matters and things which bodies 
politic may or ought to do and suffer — and may have and 
use a common seal, and [and] the same may break and alter 
at pleasure — Provided however that any proprietor alienat- 
ing his share or shares in said Company shall thereupon 
in respect thereto cease to be a member of said Corpora- 
tion ; &, the assignee thereof & his hiers & assigns shall 
be in respect thereto thence forward a member of said 
Corporation vested with all the rights and subject to all 
the Duties Penalties and payments which the assignor 
thereof was or might have been vested with or liable to. 

Sect. 2. Be it further enacted, that the said Corpora- 
tion shall have power & is hereljy authorised to carry on 
the manufactures already established, and the business 
necessarily connected therewith, & may erect any other 
Mill or Mills, or buildings on the land, or over the waters 
now belonging to the said Corporation, upon said River, 
or near thereto, for the purpose of carrying on any useful 
Manufacture, & the business necessarily connected there- 
with. 

Sect. 3. Be it further enac/e^, that the said Corpo- 
ration may be lawfully seized and possessed of such real 
Estate as may be necessary and Convenient for establish- 
ing and carrying on the said manufactory & of any other 
useful manufacture, and the business aforesaid & also of 
as large a personal estate as shall be actually employed 
therein — Provided that such real Estate shall not exceed 
the Value of Fifty thousand Dollars, and the personal 
estate four hundred thousand Dollars. 

Sect. 4. Be it farther enacted, That the property of 
said Corporation shall be and hereby is divided into One 
hundred Shares, and shall be numbered in progresive 
order beginning at number One — and every original 
member thereof shall have a Certificate under the Seal 
of said Corporation, and signed by the Treasurer certify- 
ing his property in such share as shall be expressed in 
said Certificate. 

Sect. 5. Be it further enacted, Thsit the said Corpo- 
ration shall have power from time to time at any legal 
meeting to choose a Clerk, who shall be sworn by a Jus- 
tice of the peace of said County to the faithful performance 



Acts, 1804. — Chapter 139. 223 

of his duty — a Treasurer, and such other Officers, Directors 
Agents and Factors as to said Corporation shall appear 
necessary for the management and Government thereof — 
And each memher of said Corporation shall have one Vote 
for every share not exceeding sixteen — no member shall 
be allowed more than Sixteen Votes : and any member 
may appear at any meeting or Vote by Proxy. And the 
said Cor[)oration at any legal meeting may make reason- 
able Rules and l)y-laws for the Government thereof and 
the same may repeal at pleasure — pr^ovided that the same 
rules and bylaws shall not be repugnant to the Consti- 
tution and Laws of this Commonwealth, and provided 
that the proprietors of Eighty shares shall assent thereto. 

Sect. 6. Ue it ftuiher enacted, that the Articles of 
agreement containing; the rejiulations and rules of said p".'^^"°<^''^s'^' 
Company dated the twenty first day of October A.D. 1801 
shall until the same be altered and repealed, be the Rules 
of said Corporation so far as the same are not repugnant 
to the Constitution and Laws of this Commonwealth and 
so far as the same are not altered by this act — and all 
officers chosen by force of the same articles of agreement 
shall and may respectively hold & excercise their several 
Offices & duties — until new officers be chosen in their 
stead. Provided that nothing- in this act shall be so con- 
strued, as to infringe any rights heretofore belonging to 
the Coramonw^ealth or to individuals. 

Sect. 7. £e it further enacted, that any share maybe shares may be 
alienated by the proprietor thereof by a Deed under his 
hand and seal, and acknowledged before some Justice of 
the Peace — and recorded by the Clerk in a book to be 
kept for that purpose and not in any other manner ex- 
cept in the case herein after provided — and any purchaser 
shewing to the Treasurer such Deed so recorded — and 
delivering up to him the former Certificate shall be entitled 
to a new Certificate executed in form aforesaid, certifying 
the property in such share to be in such purchaser. 

Sect. 8. Be it further enacted, that in any action to riopeityof 
be brought or in any judgment to be rendered against said members may 
Corporation, the plaintift' not being able to find sufficient i^^ '»"«<^hed. 
property of the Corporation to attach on mesne process, 
or whereon to levy his execution, shall have the right of 
attaching or levying his execution on any of the prop- 
erty of the individual members of the Corporation, in 
the same manner, as if the Action had been brought and 



224 



Acts, 1804. — Chapter 139. 



New certif3c!»te8 
to be given to 
the administra- 
tors of deceased 
proprietors. 



Sales of shares 
to be adver- 
tised. 



This act to be 
admitted in 
evidence. 



the judgment rendered against them in their individual 
Capacity. 

Sect. 9. Be it further enacted^ that when any pro- 
prietor shall die possessed of any share or shares in said 
Company, his executor or administrator, upon producing 
to the Treasurer such deceased Proprietors Certificate or 
certificates, shall be entitled to receive a new certificate 
executed in form aforesaid, certifying the property of 
such share or shares to belong to such executor or Admin- 
istrator, who shall hold such share or shares as personal 
estate of such deceased proprietor, and shall and may sell 
and dispose of the same, at public Auction or otherwise, 
in the same manner as by law he might sell and dispose of 
any Chatties of such deceased ; and such executor or ad- 
ministrator shall and may execute and acknowledge a deed 
or deeds of such share or shares, and the purchaser, pro- 
ducing to the Treasurer the Certificate or Certificates, given 
to such executor or administrator, shall be entitled to re- 
ceive a new Certificate or Certificates, executed in the form 
aforesaid, certifying such share or shares to belong to such 
purchaser ; and such executor or administrator, who shall 
not have sold such share or shares, shall immediately after 
the settlement of the estate of such deceased proprietor 
deliver the Certificate or Certificates, by him received, to 
the heir or legatee of such deceased, who shall, upon pro- 
ducing the same to the Treasurer, be entit[Z]ed to a new 
Certificate or Certificates, executed in the form aforesaid. 
Certifying the property of such share or shares to be in 
such heir or Leo:atee, 

Sect. 10. Be it farther enacted, that the time and 
place of all public sales of any share or shares shall be 
made known at least seven days before each sale, by pub- 
lishing the same in the Salem Gazette or any Newspaper 
to be printed at Salem, and if no such newspaper shall be 
there printed, then a like notice shall be given in the paper 
published by the printer for the General Court for the time 
being at Boston. 

Sect. 11. And be it farther enacted, that this shall be 
deemed and taken to be a public Act, and as such may be 
declared upon and given in evidence in any Court of law 
without specially pleading the same, and this Act shall 
continue in force, for and during the term of Twenty five 
years and no longer. Approved March 16, 1805. 



Acts, 1804. — Chapter 140. 225 



1804. — Chapter 140. 

[January SeBsion, ch. 94.] 

AN ACT ESTABLISHING THE WINSOKET TURNPIKE CORPORA- 
TION. 

Sect. 1st. Be it enacted by the Senate & House of 
Representatives in General Court assembled, & by the 
authority of the same, That Peleg Arnold, Laban Bates, Persons incor- 
John Whiting, Oliver Smith, Eli Richardson Junr., John ^°^^^ • 
Needham & Lewis Fisher, and all such persons as shall 
be associated with them and their successors, be, and they 
are hereby constituted a Corporation by the name of the 
Winsoket Turnpike Corporation, for the purpose of lay- corporate 
ing out & making a Turnpike road, from the line of this 
Commonwealth, near Winsoket falls, thence running near 
& by the house of Laban Bates Esq. in Bellingham, in the 
County of Norfolk, thence through the towns of Franklin 
& Wrentham until it falls on to the Norfolk & Bristol 
Turnpike in Walpole or Dedham, in such place & as 
nearl}^ on a straight line as the nature of the ground and 
other local circumstances will admit, and for keeping the 
same in repair ; which road shall not be less than four rods 
wide and the part to be travelled on not less than twenty 
four feet wide, and when the said Turnpike shall be suffi- 
ciently made and approved of by a Committee of the Court 
of General Sessions of the peace for the County of Nor- 
folk then the said Corporation shall be authorized to erect 
three Turnpike gates on the same, in such places as the 
said Committee shall determine, shall be entitled to re- 
ceive from each traveller & passenger at each of said 
gates the following rates of toll, to wit, for every Coach, Touestab- 
Phseton, 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, Waggon, Sled or Sleigh drawn by two 
horses or oxen ten cents & if drawn by more than two, 
an additional sum of three cents for each ox or horse, for 
every Curricle seventeen cents, for every chaise, chair or 
other carriage drawn by one horse twelve cents & an half, 
for every waggon or cart drawn by one horse eight cents, 
for every man & horse five cents, for all oxen, horses, 
mules or neat cattle led or driven beside those in teams 
and carriages one cent each, for all sheep & swine three 



226 



Acts, 1804. — Chapter 140. 



Exemptions 
from toll, &c. 



Corporation 
may purchase 
and hold land 
and to be liable 
for damages 
where same is 
taken without 
agreement. 



Penalty for 
delaying travel 
lers or exact- 
ing illegal toll. 



cents by the dozen, and in that proportion for any num- 
ber. Provided that nothing in this act shall authorize the 
said Corporation to demand and 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 from 
any person or persons passing on military duty. 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 and by this act. Provided 
also, that the amount of toll to be received at all or either 
of said gates shall not exceed the several rates abovemen- 
tioned for every nine miles, and in that proportion for a 
less distance, "and no gate shall be erected at any part 
of the old travelled road," and that not more than half the 
toll before mentioned shall be paid, for any Cart or Wag- 
gon before mentioned, the Fellies of the wheels of which 
shall be not less than six inches broad, and that the Gen- 
eral Court may hereafter regulate the toll on Carts and 
Wao-gons accordino; to the width of the Fellies of the 
wheels on which they shall run, and the burthens they 
shall carry. 

Sect. 2d. And he it further enacted, that the said Cor- 
poration may purchase & hold any lands over which they 
may make the said road, and the Justices of the Court of 
General Sessions of the peace in the County of Norfolk 
are hereby authorized on application from the said Cor- 
poration to lay out such road, or any part thereof, by a 
Committee appointed by said Court, 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 said Committee, saving to either party 
the right of trial by jury according to the law which makes 
provision for the recovery of damages happening by the 
laying out public highways. 

Sect. 3d. And he it further enacted, that if the said 
Corporation, their toll gatherer, or others in their employ, 
shall unreasonably delay or hinder any traveller or pas- 
senger at the said gate, or shall demand or receive more 
toll than is by this act established, this Corporation shall 



Acts, 1804. — Chapter 140. 227 

forfeit & pay a sum not exceding ten dollars nor less than 
one dollar, to be recovered before any Justice of the peace 
within said County by any person hindered, 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 member of 
the Corporation living in the County wherein the action 
may be brought, at least seven days before the day of 
trial, and the Treasurer 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 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 way or the bridges thereon in 
good repair. 

Sect. 4th. And be it further enacted that if any per- Penalty for in- 
son shall cut, break down or destroy the said turnpike ioadaifd fo^r""^ 
gates, or either of them, or shall forcibly pass, or attempt evaT'toiif'° 
by force to pass the same without having first paid the 
legal toll at said gate, such person shall forfeit & 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 debt. And if any person 
shall with his cattle, team, carriage or horse turn out of 
the said road to pass the said turnpike gate with intent 
to avoid the toll due by virtue of this act, & again enter 
on said road, 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. 

Sect. 5th. And be it further enacted, that the shares shares to be 
in the same turnpike road shall be taken deemed & con- ITrT^tZ^Ltate 
sidered to be personal estate, to all intents & purposes, ^"ausferabie. 
and shall & may be transferable, and the mode of transfer- 
ing 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 kept for that purpose. 

Sect. 6th. And be it further enacted, that a meeting First meeting. 
of said Corporation shall be held at the house of Nathaniel 
Adams, Inholder in Franklin aforesd. on the second mon- 
day of April next for the purpose of choosing a Clerk and 
such other officers as may then & there be agreed upon by 
said Corporation for regulating the concerns thereof, & 



228 



Acts, 1804. — Chapter 140. 



Account of I 
cost of road and 
annual state- 
ments to be 
exhibited. 



Shares of de- 
linquents to be 
sold and mode 
prescribed. 



Sign-board to 
be erected. 



Corporation 
may be dis- 
solved when 
indemnified 
■with interest. 



that the said Corporation may then & there agree upon 
such method of calling meetings in future as they may 
judge proper. 

Sect. 7th. And be it further^ enacted, that the said 
Corporation shall, within six months after the said road 
shall be completed, lodge in the Secretary's Office an ac- 
count of the expences thereof; and that the said Corpo- 
ration 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 Committee to 
be appointed by the General Court, or to the inspection 
of the Governor & Council when called for. 

Sect. 8th. 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 Corporation, 
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 necessary incidental 
charges, after duly notifying in some newspaper printed 
at Boston 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 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 per- 
son shall be considered to all intents & 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. 

Sect. 9th. And be it further enacted, That the said 
Corporation shall at the place 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 
characters. 

Sect. 10th. 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 arising 



Acts, 1804. — Chapter 141. 229 

from the said toll, shall have fully compensated the said 
Corporation for all money they may have expended in 
purchasing repairing & taking care of the said road, to- 
gether with an interest thereon at the rate of twelve per 
centem by the year ; and 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 five years from the passing this act, the same shall be- 
come void & of no effect. 

Sect. 1 1th. And be it further enacted, that every pro- Right of voting. 
prietor in said turnpike road, or his agent duly authorized 
in writino; shall have a riojht to vote in all meetings of the 
said Corporation, & shall be entitled to as many votes as 
the proprietor has shares in the same, provided the num- 
ber 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. 12th. And he it further enacted, that the said f.anted.'"^^ ^^ 
Corporation is hereby allowed to grant monies to such 
persons as have rendered services to the proprietors in 
exploring the said road or otherwise previous to the act 
of incorporation. 

Sect. 13th. And he it further enacted , ihsX the said ^®^^^®'^'®- 
Corporation be and they are hereby authorized to pur- 
chase & hold other real estate, to the amount of ten thou- 
sand dollars. Approved March 16 ^ 1805. 

1804. — Chapter 141. 

[January Session, ch. 95.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
BLANDFORD AND RUSSELL TURNPIKE CORPORATION. 

Section 1st. Be it enacted hy the Senate & House of 
Representatives, in General Court assemhled, <& hy the 
authority of the same, that Samuel Knox, Job Almy, Persons incor- 
Israel Ashley, Stephen Ashley, William Ashley, Eli P. ^""^"^ " 
Ashmun, James Babcock, Ebenezer Bartlett Jr. Elijah 
Bates, Aaron Beard, Adam Blair, Reuben Blair, Asa Blair, 
James Blair, Reuben Boies, Samuel Boies, Samuel Boies 2d. 
William Boies, David Boies, David Boies 2d. Joseph W. 
Brewster, Zadock Brown, Joseph Bull, Moses A. Bunnel, 
Perry Button, Robert Cannon, Martin Cannon, Chandler 
Carter, Levi Chapman, Samuel Chapman, Thomas James 
Douglas, Joseph B. Elmore, William Ferguson, Medad 



230 



Acts, 1804. — Chapter 141. 



Corporate 
name. 



Course of the 
road. 



Toll estab- 
lished. 



Fowler, Ephraim Gibbs, Samuel C. Gibbs, Nathan Gibbs, 
Erastus Grant, John Hamilton, Benjamin Hastings, James 
Hazard, Robert Hazard, Benj. Henry, Enoch Holcomb 
Junr., John Ingersoll, Elijah Knox, John Knox, William 
Knox, Jared W. Knowlton, Jacob Loomis, Isaac Lloyd, 
James Lloyd, James Moore, Jacob Morse, Israel Mosely, 
Solomon Noble, Jonathan Osborn, Gad Pahiier, Squire 
Palmer, Abner Pease, Ezra Sacket, Stephen Sacket, 
Jonathan Shepard, Solomon Stewart Jr., William Stewart, 
Benjamin Taggart, John Watson, Paul Whitney, Barnabas 
Whitney, Andrew Wilson, John Wilson, Amos Witter & 
Oliver Weller, together with such others as may hereafter 
associate with them, and their successors, shall be a cor- 
poration by the name of the Blandford and Russell Turn- 
pike Corporation, with all the powers and privileges 
incident to, and usually given to similar corporations, for 
the purpose of laying out, making and keeping in repair 
a Turnpike Road from the dwelling house of Stephen 
Sacket, in Westfield, through Russell, to the dwelling 
house of Solomon Noble in Blanford which road shall not 
be less than four rods wide, and the path to be travelled 
on not less than twenty feet wide, in any part thereof; 
(excepting where the same cannot be reasonably required 
to be of that width on account of Rocks) and when the 
said turnpike road shall be sufficiently made, and shall be 
so allowed & approved of by a Committee to be appointed 
for that purpose by the Court of Common Pleas, for the 
County of Hampshire, the said Corporation shall be author- 
ised to erect one Turnpike Gate, on the same, in such 
manner & place as the said Committee shall judge neces- 
sary and convenient for collecting the toll, and shall be 
entitled to receive of each traveller or passenger at the 
said Gate, the following rates of toll, viz. 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[d] additional sum of four cents for each Horse, 
for every Cart or Waggon, drawn by two Oxen or Horses, 
ten cents, & 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 mills, for every Chaise 
Chair, Sulkey or other carri[a]ge, drawn by one horse 
twelve cents and five mills, 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 



Acts, 1804. — Chapter 141. 231 

horses, an additional sum of two Cents for each ox or horse, 
for every 8ied 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, and for all 
sheep or swine at the rate of three Cents per dozen. And sign-board to 

i'i/'i • 1 !• be erected. 

the said Corporation, shall cause to be erected in some 
conspicuous place, and constantly exposed to Publick 
view, a sign or board with all the tollable articles & the 
rates of toll to each fairly and legibly written or printed 
thereon in large or capital letters. 

Section 2d. And be it further enacted^ that if the said Penalty for 
corporation, their toll gatherers, or others in their employ, le'rs or^lxact^^ 
shall unreasonably delay or hinder any traveller or p^g- "'^''^®^"^*"'^- 
senger at the said gate, 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 one dollar, to be recovered before any Justice of 
the Peace for the County of Hampshire by any person in- 
jured, delayed or defrauded, 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 trial, and 
the Treasurer of the said corporation or any individual 
member shall be allowed to defend the same suit in be- 
half of the Haid Corporation. And the said Corporation corporation to 
shall be liable to pay all damages, which shall happen to damaaee l^Ling 
any person from whom the toll is demandable, from defect [n°r"ad''or*"^ 
of Bridges, or want of repairs in said road, and shall also bridges. 
be liable to presentment of the Grand Jury, for not Keep- 
ing 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 for the said County of 
Hampshire, or a Committe to be by them appointed for 
that purpose, are hereby authorised, to order the said Gate 
to be set open, the said Justices or their Committee hav- 
ing previously notified the Clerk of the said Corporation, 
of complaint having been made of the badness of the road, 
at least ten days previous, to the ordering them to be set 
open and immediately upon the leaving such order in 
writing under the hand of the said Justices, or their Com- 
mittee, with the Clerk of the Corporation, the said Gate 
shall be opened, and no toll shall be legally demandable, 
or taken thereat, untill the said Justices or their Commit- 
tee shall grant a counter order. 



232 



Acts, 1804. — Chapter 141. 



Penalty for In- 
juring gates or 
road and for 
attempting to 
evade toll. 



Penalty for 
drawing timber 
improperly. 



Exemptions 
from toll. 



Shares to be 
considered per- 
sonal estate and 
to be transfer- 
able. 



Section 3d. And be it further enacted, .that if any 
person shall cut, break down, or otherwise destroy or 
injure the said turnpike 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 by 
force to pass the said gate, without having first paid the 
legal 1 toll, such person shall forfeit and pay a fine not ex- 
ceeding thirteen dollars, nor less than one dollar, to be 
recovered by the Treasurer of said Corporation to their use, 
in an [an] action of trespass. And if any person with his 
team, cart, or horse, turn out of said road to pass the said 
turnpike gate, and again enter on the said road with an 
intent to evade the toll due, by virtue of this act, such 
person shall forfeit and pay three times as much as the 
legal 1 toll would have been, to be recovered by the Treas- 
urer of the Corporation to the use of the same, in an action 
of trespass on the case. And if any person shall draw any 
log, tree, or stick of timber, on or over said Turnpike road, 
except in the months of January or February, unless said 
log tree, or stick of timber, is loaded on a Cart, or sled, or 
one end thereof is raised on a sled, cart or other suitable 
carriage, such person shall forfeit and pay to the said Cor- 
poration three Dollars, for every log, tree, or stick of tim- 
ber so drawn over the said road to be recovered by action 
of debt, provided also that not more than half the Toll be- 
fore mentioned, shall be paid for any Cart or Waggon the 
Fellies of the wheels of which shall not be 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 Burthen they shall carry. Pi^ovided 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 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 & ordinary business of family con- 
cerns with[tn] the same town, or from any person or per- 
sons passing on military duty. 

Section 4th. And be it farther enacted, that the shares 
in the said Turnpike shall be taken, deemed and consid- 
ered 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 



Acts, 1804. — Chapter 141. 233 

Justice of the Peace, and recorded by the Clerk of the 
Corporation in a book to be kept for that purpose. 

Section 5th. Ayid be if further enacted, that when any shares of de. 

. . , ,, 1 . \c J. J. linquents to be 

proprietor shall neglect or retuse to pay any tax or assess- soid and mode 
ment duly voted and agreed upon by said corporation to P^'escnbed. 
their Treasurer, within sixt}^ days after the time set for 
the payment thereof, the Treasurer of the said Corpora- 
tion 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 the necessary 
incidental charges, after duly notifying in the newspaper 
printed at Springfield in said County of Hampshire, or in 
case no paper should be there printed, then in some other 
paper printed in the same county, the sum due on 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 or 
persons purchasing the same, and on producing a certificate 
of such sale from the Treasurer to the Clerk of said cor- 
poration, the name of such purchaser with the number of 
shares so sold, shall be by the Clerk entered on the l)ooks 
of the said Corporation, and such person shall be consid- 
ered to all intents the proprietor thereof, and the over- 
plus if any there be, paid, on demand, by the Treasurer, 
to the person whose share was thus sold. 

Section 6th. And be it further enacted that the said corporatioD 

. 1111 I'll ^^^ purchase 

corporation may purchase & hold land, over which they andhowiand 

and to be liable 

may make the said road, and the Justices of the Court of for damages 
General Sessions of the Peace for the County of Hampshire ^ken*" without 
are hereby authorised on application of the said Corpo- agreement. 
ration to lay out said road or any part thereof, as with the 
consent of the said corporation they shall think proper, 
by a Committe from said Court, & 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 agreement to be estimated 
by said Committe 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. 

Section Ttii. And be it further en«c^ecZ that a meeting First meeting. 
of said corporation shall be held at the house of Stephen 
Sacket Inholder in Westfield on the second Monday of 
May next, for the purpose of choosing a clerk, who shall 



234 



Acts, 1804. — Chapter 142. 



Account of 
cost of road 
and annual 
statements to 
be exhibited. 



Corporatfon 
may be dis- 
solved when 
indemnified 
with interest. 



be sworn to the faithful discharge of the duties of said 
Office, and such other officers, as may then and there be 
agreed upon by said corporation, and at the same or sub- 
sequent meetings, may make & establish such byelaws, 
rules & regulations, as they shall judge necessary & con- 
venient provided that the same shall not be repugnant to 
the Constitution & Laws of this Commonwealth. — And 
the said corporation may then and there agree upon a 
method of calling meetings in future as they shall judge 
proper. 

Section 8th. And be 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 & shall also annually exhibit to the Gov- 
ernor & Council a true account of the income or dividend 
arising from the said toll, with their necessary annual dis- 
bursements on said road. 

Section 9th. And he it further enacted^ that the Legis- 
lature may dissolve the said corporation whenever it shall 
appear to their satisfaction, that the income arising from 
the Toll shall have fully compensated the said Corpora- 
tion, for all their expenditures, in exploring, purchasing, 
and taking care of, and repairing said road, together with 
an Interest thereon at the rate of twelve per Centum by 
the year, and thereupon the property of said road shall be 
vested in this Commonwealth, and be at the disposal of 
the Legislature thereof. Approved March 16, 1805. 



Persons incor- 
porated. 



Corporate 
name. 



1804. — Chapter 143. 

[January Session, ch. 96.] 

AN ACT TO INCORPORATE CERTAIN PERSONS FOR THE PUR- 
POSE OF LAYING OUT & MAKING A TURNPIKE ROAD FROM 
EFFINGHAM, IN THE STATE OF NEW HAMPSHIRE, TO SACO 
IN THE COUNTY OF YORK. 

Sect. 1st. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by the 
authority of the same, that James Bradbury, Thomas Cutts, 
Samuel Dalton, Nicholas Emery, Joseph Huckens, Isaac 
Lord, James Marston 3d, together with such other per- 
sons as may hereafter associate with thefn, and their suc- 
cessors, shall be a Corporation by the name of The Ossapee 
Turnpike Company, and by that name, may sue and be 
sued, and exercise all the privileges and powers, which are 



Acts, 1804. — Chapter 142. 235 

by law incident to similar Corporations, for the purpose 
of laying out, and making a Turnpike road from the East- ^J*"/^® °^ '•** 
erly side line of the town of Effingham, between South 
River so called, and the Northerly boundary of the town 
of Parsonsfield, and runing easterly over the most practi- 
cable ground through said Parsonsfield, near the Congre- 
gational and Baptist meeting houses, and through Limerick, 
near the dwelling house of John Morrill Esquire, and on- 
ward through Phillipsburgh and Buxton, to Saco, crossing 
Saco River, at or near the Bar Mills, so called, and erect- 
ing and keeping in repair all necessary bridges in the rout 
aforesaid. Provided that if the said Corporation neglect 
to complete the said Turnpike road for the space of seven 
years after the passing of this act, the same shall be void. 

Sect. 2d. Be it further enacted, that the said Joseph Fi^t meeting. 
Parsons, Nicholas Emery, and Joseph Huckens, or either 
of them, may by an advertisement in the Portland Gazette, 
or Eastern Argus, call a meeting of the said Proprietors, 
to be holden at any suitable time and place, after thirty 
days from the first publication of the advertisement : and 
the said Proprietors by a vote of the majority of those 
present shall choose a Clerk who shall be sworn to the 
faithful performance of his duty : and shall also agree on 
a method of calling future meetings : and at the same or 
any subsequent meeting, may make and establish, any 
rules and regulations that may be necessary or convenient 
for regulating the affairs of the said Corporation, and for 
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 
penalties, not exceeding Thirteen dollars, and thirty three 
cents, for any breach thereof: Provided such rules and 
regulations, are not repugnant to the Constitution and Laws 
of this Commonwealth. And the said Proprietors may also 
appoint any other Officer or Officers, which they may think 
necessary : and all representations at any meeting shall be 
made in writing, signed by the person or persons making 
the same, Avhich shall be filed with, and recorded by the 
Clerk. And this act, and all votes, rules, and regulations 
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. And said proprietors, or a majority 
present, at said first meeting may adjourn the same, and 



236 



Acts, 1804. — Chapter 142. 



Corporation 
may purchase 
and holii land 
and to be liable 
for damages 
where same is 
taken without 
agreement. 



Penalty for in- 
juring gates 
or road and for 
attempting to 
evade toll. 



Exemptions 
from toll. 



any future meetings may be adjourned by the majority 
present, as to them shall appear proper. And every pro- 
prietor in the said Turnpike road, or his agent, duly author- 
ised in writhig, 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. 

Section 3. And be it further enacted, that the said 
Corporation 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 said Peace, in the County of 
York, are hereby authorized on application from the said 
Corporation to lay out such road or any part thereof, as 
with the consent of the said Corporation they may think 
proper by a Committee from said Court ; 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 [be] obtained by voluntary agreement, to 
be estimated by said Committee, 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 the said Corporation is 
hereby empowered to purchase and hold other real estate, 
adjacent, or near to, for the greater accommodation of the 
travel on the said road, to the amount of Three Thousand 
dollars. 

Section 4. And he it further enacted, that if any per- 
son shall cut, break down or otherwise injure or destroy, 
either of the Turnpike gates, or sign boards, 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 and pay a tine 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. 
And if any person with his horse, team, or cattle, 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 and pay two 
dollars, to be recovered by the treasurer of the said Cor- 
porat[i]on, to the use of the same, in an action of debt. 
Provided, however, that nothing in this act shall extend 
to entitle the said Corporation to demand or receive toll 



Acts, 1804. — Chapter 142. 237 

of any person, who shall be passing [i][o]n foot, or 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 
business of family concerns, or from any person or per- 
sons passing on military duty. Provided, also, that not 
more than one half of 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 
& Waggons according to the width of the Fellies of the 
Wheels, on which they shall run, and the burthen they 
shall carry. 

Section 5. And be it further enacted, that if the said deiav/Jg^travei- 
Corporation, their toll gatherer or others in their employ, lersorexacr- 
shall unreasonably delay or hinder any traveller or pas- 
senger, 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 oflence shall be committed, by 
any person injured, delayed, or defrauded, in a special 
action of the case ; the writ in which case 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 York, or by reading the same to the said 
Treasurer or individual 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 be- 
half of the said corporation. And the said corporation 
shall be liable to pay all damages, which may happen to 
any person from whom toll is demandable, for any damage 
which shall arrise 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 6. And be it fur titer enacted, that the said width of load, 
Turnpike Road shall not be less than four rods wide, and 
the path to be travelled on not less than twenty four feet 
wide, in any part thereof; and when ten miles of the road 
shall be sufficiently made & finished, and shall be so allowed 
and approved by a Committee, appointed by the Court 
of general sessions of the Peace, for the County of York, 
(provided that no member of said Committe, shall hold 
any share or interest in the said Turnpike,) then the said 



238 



Acts, 1804. — Chapter 142. 



Toll estab- 
lished. 



Sign-board to 
be erected. 



Shares to be 
considered 
personal estate 
and to be 
trauBferable. 



Corporation shall be authorized to erect one turnpike gate, 
on the said road, in such place as the Committee of the 
said Court of Sessions shall appoint : and every gate which 
may be afterwards erected, shall be subject to the same 
conditions of the approbation of a Committe appointed 
as aforesaid, by the court of General Sessions of the Peace 
for the said County of York. Provided that no more gates 
shall be erected on said road than one to every ten miles 
of road so made and approved as aforesaid. And no gates 
shall be erected on any part of the Old Travelled road. 
And it shall be lawful for the said corporation to demand 
and receive, of each Traveller or passenger, at each of the 
said gates, the following rates of Toll, viz. For each and 
every Coach, chariot, phaeton, curricle, or other four wheel 
carriage for pleasure drawn by two Horses, twenty five 
Cents, and if drawn by more than two horses, two cents 
for each additional horse ; for each cart or waggon for 
burthen, drawn by two oxen or horses ten cents, and if 
drawn by more than two, an additional sum of two cents, 
for each additional beast ; for every chaise, chair, or other 
two wheel carriage for pleasure, drawn by one horse twelve 
& a half cents ; for every horse & rider six cents and a 
quarter ; for every sled or sleigh for burthen, drawn by 
one beast six and a half cents, and if drawn by more than 
one, two cents for each additional beast ; for each sleigh 
for pleasure drawn by one horse ten cents and if drawn 
by more than one, two cents for ^ach additional horse ; 
for all horses, mules, oxen or neat cattle led or driven, not 
in teams or carriages one cent each, and for all sheep & 
swine, at the rate of three Cents per dozen and in that 
proportion for a greater or less number — Provided, how- 
ever, that the said Corporation may when they see cause, 
commute the rate of toll with any person, or with any cor- 
poration, by taking of him or them, a certain sum annually 
as may be mutually agreed on, in lieu of the toll aforesaid 
And at all times when the toll getherer shall not attend his 
duty, the gates shall be left open, and every person may 
pass free of toll. And the said corporation shall at each 
place where the toll shall be collected, erect in some con- 
spicuous 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 or printed in large or 
capital letters. 

Section 7. Be ii further enacted, that shares in said 
Turnpike shall be deemed personal estate to all intents & 



Acts, 1804. — Chapter 142. 239 

purposes, and shall be transferable by Deed, duly acknowl- 
edged, shall be recorded by the Clerk of the said Corpo- 
ration, in a book to be kept for that purpose. 

Section 8. Beit further e/iac^ecL that whenever, any shares of de- 

. . 1 11 1 J n i m ' liuquents to be 

proprietors shall neglect or refuse, to pay any lax or sow and mode 
assessment duly voted and agreed upon by the said Cor- p'"^*'^"^'*'*' 
poration, 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 Coun- 
ties of York and Cumberland (and if there shall be no news- 
paper printed in either of the said counties at the time, then 
in the newspaper printed at such other place as shall be 
nearest to the said Turnpike road) the sum due on any 
such share or shares, and the time & place of sale, at least 
thirty days previous thereto ; 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 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 consid- 
ered to all intents and purposes the proprietor thereof; 
and the overplus if any there be, shall be paid on demand, 
by the Treasurrer, to the person whose shares were then 
sold. 

Section 9. Be it further enacted ^ that the said Cor- Account of 
poration shall within six months after the said road is and annual 
compleated, deposit in the Office of the Secretary of this be'^LxhTbued? 
Commonwealth, an account of the expences thereof and 
shall annually afterwards exhibit to the Governor and 
Council, an account of the income or dividends arising 
from the 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 the general 
Court, or of the Governor and Council when called for. 

Section 10. Be it further enacted that the Legislature corporation 
may dissolve the said Corporation, whenever it shall appear ^tved\hen 
to their satisfaction that the income arising from the said wu^nter^elt. 
toll shall have fully compensated the said Corporation for 
all money they may have expended, in purchasing, repair- 
ing, and taking care of the said road, together with an 



240 Acts, 1804. — Chapter 143. 

interest 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, & be at the disposal of the Legis- 
lature. Provided, however, that if the said Corporation 
shall neglect for seven years, from the date of this act, to 
complete the said Turnpike road, then this grant shall be 
null and void. Approved March 16, 1805. 

1804. — Chapter 143. 

[January Session, ch. 97.J 

AN ACT PROVIDING FOR THE PUNISHMENT OF THE CRIMES OF 
ROBBERY AND OTHER LARCENIES; AND FOR THE PREVEN- 
TION THEREOF. 

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

of Representatives in General Court Assembled, and by 

Punishment for (Jiq Authoritv of the Same, That any person who shall 

the crime of /•i-iii i \»i 

larceny. icloniously stcal, take and carry away, ot the property or 

Another, any money, goods or chattels, or any bond, 
promissory note, bill of Exchange, or other bill, order or 
Certificate, or any book of accounts for or respecting any 
money or goods, due or becoming due and payable, or to 
be delivered, or any deed or writing containing a convey- 
ance of lands, or other real Estate, or any other valuable 
Contract remaining in force, or any receipt, release, or 
defeasance ; or any writ process or public record ; shall 
be deemed . Guilty of the crime of Larceny ; and every 
such oflender and any person present, aiding and abetting 
in any such Larceny or accessary thereto before the fact, 
by counselling, hiring or otherwise procuring the same to 
be done, who before any court having Jurisdiction thereof 
shall be duly convicted of either of the felonies and Offences 
aforesaid shall be punished ; when the money goods or 
other Article or Articles stolen shall not exceed in Amount 
or value the sum of One hundred dollars, by solitary 
Imprisonment for a term not exceeding six months, and 
by confinement afterwards to hard Labour for a term not 
exceeding one year, or by a fine not exceeding one hun- 
dred Dollars and imprisonment in the common Gaol for 
a term not exceeding one year ; And when the money 
goods, or other Article or Articles stolen, shall exceed in 
Amount or value the sum of One hundred dollars, then 
by solitary Imprisonment for a term not exceeding one 
year and by confinement afterwards to hard labour for a 



Acts, 1804. — Chapter 143. 241 

term not exceediog three years to be ordered by the Court 
before whoui the conviction may be, according to the degree 
and a<ji>ravation of the Oftence. 

Sect. 2nd. Be it further enacted^ that the Supreme Supreme 
Judicial Court shall have exclusively, the Jurisdiction of exdusive^u'rts. 
all Larcenies, where the money goods or other article or BtofenVopeny 
articles stolen, shall be alledoed to exceed in amount or exceeds loo doi- 

' ~ . ^ lars in value. 

value the sum of one hundred dollars ; The said Supreme 
Judicial Court, the Courts of common pleas within their 
respective Counties and the Municipal Court of the town 
of Boston within the said Town of Boston, shall have con- 
current Jurisdiction of all larcenies, where the money, 
goods or other Article or Articles stolen shall not be 
alledged to exceed, in amount or value the sum of one 
hundred dollars and every Justice of the Peace, within 
his proper County, shall have concurrent Jurisdiction with 
the said Courts of all larcenies, where the money goods, 
or other Article or Articles stolen, shall not be alledged 
to exceed in amount or value the sum of five dollars. Any in case of con- 
person duly convicted before a Court of Common pleas, TMunidpiT^ 
or the said Municipal Court, of any larceny either as prin- j°gtice' 
cipal or as accessary before or after the fact shall be pun- 
ished by such fine, not exceeding one hundred dollars, and 
imprisonment in the common Gaol for such term not ex- 
ceeding one year, either or both as the Justices of said 
Court before whom the Conviction may be, shall sentence 
and order accordins; to the as^o-ravation of the Offence ; And 
any person duly convicted, before a Justice of the Peace 
of any larceny either as principal or as accessary before 
or after the fact, shall be punished by such fine, not ex- 
ceeding five dollars and imprisonment in the common Gaol 
for such term, not exceeding twenty days, either or both, 
as the said Justice before Avhom the conviction may be 
shall sentence and order, according to the aggravation of 
the Offence. 

Sec. 3kd. Be it further enacted that if any person punishment for 
having been before convicted of tbe crime of larceny or ^woT/ more^ 
as accessary thereto before the fact shall afterwards com- larcenies. 
mit or shall be alike accessary to another larceny, and 
shall be duly convicted thereof before the Supreme Judi- 
cial Court or if any person before the Supreme Judicial 
Court at one and the same term thereof shall be duly con- 
victed as principal or as accessary before the fact in three 
distinct larcenies, every such offender shall be punished 



242 



Acts, 1804. — Chapter 143. 



Punishment for 
committing a 
larceny in the 
night-time in 
any shop, &c. 



Punishment for 
entering a 
dwelling-house 
in the night- 
time without 
breaking, &c. 
&c. 



Punishment 
for committing 
a larceny in the 
day-time in any 
house, &c. &c. 



as a common and notorious Thief by solitary imprisonment 
for a term not exceeding one year and by confinement after- 
wards to hard labour for a term not less than three 3''ears 
and not exceeding fifteen years, to be ordered as aforesaid. 

Sec. 4th. Be it further enacted^ That if any person 
in the night time shall break and enter any shop ware- 
house or Office not adjoining to or occupied with a dwell- 
ing house or any ship or vessel lying within the body of a 
County & shall there commit a larceny, every such offender, 
and every person present aiding and abetting in the com- 
mission of such felony or accessary thereto before the fact 
by counselling hiring or procuring the same to be com- 
mitted and being thereof duly convicted before the Supreme 
Judicial Court shall be punished by solitary Imprisonment 
for such term not exceeding one year and confinement after- 
wards to hard Labour, for such term not exceeding fifteen 
years, as the Justices of the said Court, before whom the 
conviction may be, shall sentence and order, according to 
the aggravation of the offence. 

Sec. 5th. Be it further enacted, That if any person in 
the night time shall enter, without breaking, or in the day 
time shall break and enter any dwelling house or outhouses 
thereto adjoining, and occupied therewith or any office, 
shop, ware-house ship or vessel, as aforesaid, the owner 
or other person being therein and put in fear, every such 
offender, and any person present, aiding and abetting in 
the commission of such feloney, or accessary thereto before 
the fact by counselling hiring or otherwise procuring the 
same to be done upon due conviction thereof in the Supreme 
Judicial Court shall be punished by solitary Imprisonment 
for a term not exceeding one year and by confinement after- 
wards to hard hibour for a term not exceeding ten years, 
to be ordered as aforesaid. 

Sec. 6th. Be it further enacted that if any person 
shall in the day time commit any larceny in any dwelling 
house, Office shop, warehouse, ship or vessel as aforesaid 
or in the night time shall break and enter any Church meet- 
ing house Court-house Town house, College or Academy 
or other building erected for public uses, or any Mill, Malt 
house, Store barn or stable and shall commit any larceny 
therein, or shall be aiding and abetting in the commission 
of such felony, or shall be accessary thereto before the fact 
by counselling hiring or otherwise procuring the same to 
be done every such ofiender upon conviction of either of 



Acts, 1804. — Chapter 143. 243 

the felonies aforesaid in the Supreme Judicial Court, shall 
be punished by solitary Imprisonment for a term not ex- 
ceeding six months, and by confinemen afterwards to hard 
labour for a term not exceeding five years, to be ordered 
as aforesaid. 

Sec. 7th. Be it further enacted. That any person who Punishment for 

. assault and 

shall, by force and violence, or by other assault and putting robbery. 
in fear, feloniously steal, rob and take from the person of 
another, any money or goods, bank note, bill of exchange, 
or other negotiable bill, note or order, due or in force, or 
any other property which may be the subject of larceny 
shall be adjudged guilty of the crime of Robbery and every 
such offender and any person present aiding and abetting 
in the commission of such felony or accessary thereto before 
the fact by counselling hiring or procuring the same to be 
done, who, in the Supreme Judicial Court shall be duly 
convicted of either of the felonies and offences aforesaid, 
shall be punished by solitary imprisonment for such term, 
not exceeding two Years, and by confinement afterwards 
to hard labour for life. 

Sec. 8th. Be it further enacted^ That if any person Punishment for 

I II .. j_i 1 ^ j_i J? J.1 other larcenies 

shall commit any other larceny irom the person ot another than those 
either openly and violently or privily and fraudently every enumerated, 
such offender and any person present aiding and abetting 
in the commission of such felony or accessary thereto be- 
fore the fact by counselling, hiring, or otherwise procuring 
the same to be done who shall be duly convicted in the 
Supreme Judicial Court shall be punished by Solitary im- 
prisonment for a term not exceeding one Year and by con- 
finement afterwards to hard labour for a term not exceeding 
five years, to be ordered by the Justices of the said Court 
before whom the Conviction may be, according to the aggra- 
vation of the Offence. 

Sec. 9th. Be it further enacted^ That if any person Punishment 

..11 ,1 i 1 • 1 T for assault 

With a dangerous weapon, or other actual violence, and with intent to 
with intent to rob or steal, in manner as aforesaid, shall ®'®*'' 
assault another, every such offender, and any person 
present, aiding and assisting therein, or who shall have 
counselled or procured the same to be done, shall be 
deemed a felonious Assaulter, and upon due conviction 
thereof in the Supreme Judicial Court, shall be punished, 
by solitary Imprisonment for a term not exceeding one 
year, and by confinement afterwards to hard labour, for 
a term not exceeding ten years, to be ordered as aforesaid. 



244 Acts, 1804. — Chapter 143. 

SeaS ^°' ^EC. 10th. Be it further enacted, That if any person 
felon or receiv- shall knowino^lv harbour conceal or maintain any |)rincipal 

ing stolen o •^ . i j- ^ • i i i 

goods, &c. telon, or accessary beiore the tact, in any robbery or lar- 
ceny, committed in any manner as aforesaid, or shall re- 
ceive, or shall aid in concealing any money, goods, or 
other Article stolen as aforesaid, knowing the same to 
have been so stolen in any such manner as aforesaid, every 
such offender upon due conviction of either of the offences 
as aforesaid shall be deemed an accessary after the fact, to 
the same robbery or larceny, and shall be punished by 
solitary Imprisonment for such term not exceeding six 
months and by confinement afterwards to hard labour, for 
such term not exceeding three years, or by a fine not ex- 
ceeding five hundred dollars and by imprisonment in the 
common Gaol for such term not exceeding three years, or 
either of them, as the Justices of the Court, before whom 
the conviction may be, shall and may sentence and order, 
according; to the nature and ag^gravation of the offence. 
prolecuuon for Sec. IIth. Be it further enacted, That any person, 
receiving stolen charged with the receipt or concealment of money, goods, 
or other articles, stolen in any manner as aforesaid, know- 
ing the same to have been stolen, may be prosecuted there- 
for as for a misdemeanor, although the principal felon 
chargable or charged with the larceny, shall not have been 
prosecuted or convicted ; and upon due conviction thereof 
before any Court having Jurisdiction of the principal 
offence, shall be punished in the same degree and man- 
ner as an accessary after the fact might l)e, being alike 
convicted : but after prosecution for such misdemeanor 
the person charged shall not be liable to be prosecuted, 
as an accessary after the fact, in the same larceny. 
mori'u"n"onf ^EC. 12th. Be it further enacted. That if any person 
conviction for haviuff bccn before convicted, as a receiver of Money, goods, 

receiving Btolen & _ ,' .'iii 

goods, &c. or other articles stolen, in any manner as aforesaid shall 
afterwards knowingly receive or aid in the concealment 
of any other money, goods or other Articles stolen, and 
shall be duly convicted thereof before the Supreme Judi- 
cial Court, or if any person shall be alike duly convicted 
before the Supreme Judicial Court in the same term 
thereof as a receiver of any money, goods or other Arti- 
cles aforesaid, stolen in any manner as aforesaid, in three 
di.-tinct acts of receiving or concealing as aforesaid every 
such offender shall be deemed a common receiver of stolen 
goods, and shall be punished by solitary Imprisonment for 



Acts, 1804. — Chapter 143. 245 

such term not exceeding one year and by confinement 
afterwards to hard labour for such terra not less than 
three years and not exceeding ten years, as the Justices 
of the said Court before whom the conviction may be shall 
sentence and order, according to the nature and aggrava- 
tion of the Offence. 

Sec. 13tti. Be it further enacted^ That when any per- in case of a per. 

.,1^,, 7. ./Y» • D 1^ ^ son convicted of 

son convicted tor the first onence, as a receiver ot stolen receiving stolen 
goods, or as accessary after the fact in any simple larceny irst^'t^ime'^/''^ 
and not adjudged to be a common receiver of stolen goods, 
shall make satisfaction to the party injured by such larceny, 
to the full amount of the money, goods or Articles stolen 
and not restored, the Justices of the Court, before whom 
the conviction may be, shall exempt such receiver and acces- 
sary from the penalty of confinement to hard labour. 

Sec. 14th. Be it further enacted. That in every case prosecutors to 
of a conviction of larceny as aforesaid, the Justices of the peuTe'd™ 
Court before whom the conviction may be, shall have Au- 
thority at the prayer of the prosecutor therein, and at their 
discretion, to order for him or her a meet recompense, not 
exceeding his or her actual expences, with a reasonable 
allowance for time and trouble, in such prosecution to be 
paid l)y the County Treasury, and all payments which 
shall be made by any County Treasurer pursuant to any 
order which ma}'" be granted as aforesaid, shall be the 
proper charge of this Commonwealth, and shall be allowed 
in the manner which is or shall be provided for the reim- 
bursement to the several Counties of other Costs arising 
in Criminal prosecutions. 

Sec. 15th. Be it fiirther enacted, T\\Q.i it ah^aXl he Vhq "Yheof&cev 
duty of any Sheriff or other Officer who shall be charged a^estuig a per. 
with or lawfully employed in apprehending and arresting ^arclny',*fo°^ 
any person accused of the crime of larceny or robbery or "("'a^iie'^^ed'^"^ 
as accessary therein in any manner as aforesaid to seize to have been 
and secure the money, goods or other Articles aforesaid, 
alledged to be stolen, or to have been obtained by such 
larceny or robbery, and which shall be found in the pos- 
session of such accused person or which shall be waived 
by him or her in flying from Justice. And of the money, 
goods or other articles aforesaid, which shall be so found 
and secured a true inventory or schedule shall be made 
in or annexed to the return of such sheriff' or other officer 
upon the warrant or process, which shall have been issued 
for the arrest of any person accused as aforesaid, and such 



246 Acts, 1804. — Chapter 143. 

Sheriff or other Officer shall be accountable for the money 
goods or other Articles thereby seized and secured. And 
Avhenever the conviction of any person accused as afore- 
said, shall be had upon the prosecution and by the care 
and diligence of the owner of any money goods or Arti- 
cles, found and seized as aforesaid such owner shall and 
may have restitution thereof immediately after such con- 
viction, by an order in open Court or by a writ of resti- 
tution as the case may require. 
^H^sentTnced ^Ec. IBth. Be it further enacted. That whenever, 
to hard labour, npou anv couviction as aforesaid, such convict shall be 

owner of stolen i -J i t i i i 

goods to be in- sentenced to confinement to hard labour, such owner 

demnified from .. « •iini n i • l i 

his earnings, prosccutmg as aforcsaid shall be allowed against each 
and every convict, the full amount or value of the money 
goods or other Articles stolen or obtained by such larceny 
& not restored or satisfied for, to be charged against such 
convict at his or her place of confinement under such sen- 
tence and to be paid from his or her net earnings as the 
same shall accrue and so far as they may extend and when 
such convict shall be sentenced to fine or imprisonment in 
the common Gaol, he or she shall be required by the sen- 
tence to pay to such owner prosecuting as aforesaid the 
full Amount or Value of the money, goods or other Arti- 
cle or Articles, stolen and not restored or satisfied for ; 
In case a convict and if any such Convict shall be unable to make restitution 
make restitu- or pay the auiouut or value as aforesaid the Justices of the 
*"*°" Court before w^hom the conviction may be, may further 

sentence and order him or her to make satisfaction to such 
owner by service, who shall thereupon be empowered to 
take such convict in service or to dispose of him or her 
to any person for such term of time not exceeding three 
years as shall be ordered by the said Justices. Provided 
however that no such Convict shall be held in Gaol, for 
such satisfaction of the amount or value as aforesaid for 
a longer term than thirty days, unless such owner shall 
give security to the keeper of the Gaol to satisfy the 
charge of keeping such prisoner from and after that time 
according to the rate allowed for keeping prisoners in the 
same Gaol ; and if such owner shall refuse or neglect so 
to do, and shall not take or dispose of such prisoner, the 
keeper shall no longer keep such prisoner for that pur- 
pose, but may set him or her at liberty after the expira- 
tion of the term of imprisonment if any ordered by the 
sentence, and after the payment of the costs of Court and 



Acts, 1804. — Chapter 143. 247 

his own chai'ofes of Imprisonment; and if he or she be incaseofapris- 
unable to pay the same, upon application by the keeper able to pay the 
of the Gaol to any two Justices of the Quorum within the and impruon- 
same County they are hereby empowered to determine the ^ent charges. 
sum to be paid, and to order such prisoner to make satis- 
faction by service, for such reasonable time not exceeding 
two years, as they may assign for which time the keeper 
may thereupon dispose of such prisoner in service to any 
Citizen of the United States. And if he or she cannot be 
so disposed of after being confined three months for costs 
or fine and costs only the Justices of the Court of Com- 
mon Pleas within and for the same County may at their 
discretion order such prisoner to be discharged upon such 
security as they may judge proper. 

Sec. 17th. And be it further enacted, that when any incasebaiiis 

, . , , . /. T taken for any 

person, charged w^th the crime ot larceny or as an acces- person charged 

,\ • • /> 1 ,1 with the crime 

sary therem, or as a receiver oi money, goods or other of larceny. 
articles stolen as aforesaid, shall and may be letten to bail, 
the recognizance for the appearance of such person shall 
be taken, with sufiicient surety or sureties, in such sum 
as may be reasonably required for that purpose ; with a 
further additional sum, which shall be double the amount 
or value of the money, goods or Articles, charged to have 
been stolen or obtained by such larceny ; and when such 
recognizance shall be forfeited by default, the Justices 
of the Court before whom Judgement may be rendered 
thereon, shall order the Amount or value of the money, 
goods or other Articles stolen or obtained as aforesaid, to 
be paid out of the sum which shall be collected on such 
recognizance, to the owner of such money, goods or other 
Articles ; provided he shall have been the prosecutor. 

Sect. 18. Be it further enacted, that this act shall be J^^^/j "^^ '"^'"^ 
in force from and after the first day of September next and 
not before. Approved March 16, 1805. 



248 Acts, 1804. — Chapter 144. 



1804. —Chapter 144. 

[January Session.*] 

AN ACT TO APPORTION AND ASSESS A TAX OF ONE HUNDRED 
AND THIRTY THREE THOUSAND, THREE HUNDRED AND TWO 
DOLLARS, AND FIFTY TWO CENTS, AND PROVIDING FOR THE 
REIMBURSEMENT OF THIRTY THOUSAND, EIGHT HUNDRED 
& FIFTY SIX DOLLARS, PAID OUT OF THE PUBLIC TREASURY 
TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES 
FOR THEIR ATTENDANCE THE THREE LAST SESSIONS OF 
THE GENERAL COURT. 

Section 1. Be it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy the 
authority of the same^ that each Town, District, Pkinta- 
tion, and other place herein after named, within this Com- 
monwealth, shall be assessed, and pay the several Sums, 
with which they stand respectively charged in the foHow- 
ing Schedule, vizt. 

* Not printed in session pamphlet. 



Acts, 1804. — Chapter 144. 



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268 Acts, 1804. — Chapter 144. 

Sec. 2d. And be it further enacted, That the treas- 
urer of this Commonwealth shall, forthwith, send his War- 
rant, directed to the Selectmen or Assessors of each town, 
district, plantation or other place, taxed as aforesaid, re- 
quiring them respectively to assess, in dollars and cents, 
the sum so charged, in manner following, that is to say, 
to tax each male poll, above the age of sixteen years, 
within their respective towns, districts, plantations or 
other places adjoining them, not belonging to any other 
town district or plantation, provided such places were re- 
turned or included in the last valuation, at twenty-seven 
cents each; and the remainder of such sum, charged as 
aforesaid to each town, district, plantation or other place 
respectively, to assess upon the respective inhabitants 
thereof, according to the value of the real-estate therein 
possessed by each of them on the first day of May next, 
either in his own right, or the right of others, improved 
or not improved (except 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 in 
the same, or not, on the first day of May, according to 
the just value thereof, and upon non-resident proprietors 
of real-estate, lying within such town, district, plantation 
or other place, in their own right or the right of others, 
improved or not improved ; and also on the inhabitants 
of such town, district, plantation or other place, and all 
other persons possessing estates within the same on the 
said first day of May, according to the proportion of the 
amount of their respective personal estates, including all 
money at interest more than they pay interest for, and all 
other debts due to them more than they are indebted for ; 
monies of all kinds on hand ; public securities of all kinds ; 
all bank stock and shares or property in any incorporate 
bridge or turnpike-road, or shares in any other incor- 
porated company possessing taxable property, according 
to the just value thereof; and also the amount of all goods, 
wares and merchandize, or any other stock in trade, vessels 
of all kinds, at home or abroad, with all their stores and 
appurtenances ; horses, mules and neat cattle, each of one 
year old and upwards, & swine of six months old and up- 
wards ; and also the amount of the incomes of such inhabi- 
tants from any profession, handicraft, trade or employment, 
or gained by trading by sea or on land ; & all other 
property of the several kinds returned in the last valua- 



Acts, 1804. — Chapter 144. 269 

tion, except sheep, household furniture, wearing apparel, 
farming utensils & tools of mechanics. 

Sec. 3d. Aiid be it further enacted^ That every minor 
whose poll shall be taxed by force of this Act, may be 
assessed to his parent, master or guardian, under whose 
immediate government he may be living, in the same town, 
district, plantation or other place, otherwise such minor 
shall be personally taxed for his poll, as though he were 
of full age. And every tenant who, by force of this Act, 
may be assessed, and shall pay any sum for real-estate in 
his possession, may require his landlord, the owner of 
such estate, to reimburse half such sum, unless it be other- 
wise provided for by agreement between them. And every 
owner of horses, mules, or neat cattle, shall be taxed there- 
for, in the town, district, plantation or other place, wherein 
he may be an inhabitant on the said first day of May, not- 
withstanding any of said creatures ma\'^ have been sent to 
some other place or State for pasturage only, before that 
time. And said Assessors shall estimate all the kinds of 
property, which by this Act they are required to tax, at 
six per centum on the value thereof, excepting unimproved 
lands, which they shall estimate at two per centum only 
on the value thereof. 

Sec. 4th. And be it further enacted, That said Treas- 
urer, in his said Warrant, shall require said Selectmen or 
Assessors respectively, to make a fair list or lists, of their 
assessments, setting forth, in distinct columns, against each 
person's name, how much he or she is assessed for polls, 
real and personal estate, and income respectively, as afore- 
said, distinguishing any sum assessed on such person as 
guardian, or for any estate in his or her possession in 
trust ; and also to insert in such lists the number of acres 
of unimproved land which they may have taxed to each 
non resident proprietor of lands, and the value at which 
they have estimated the same ; and such list or lists, when 
completed and signed by them or the major part of them, 
to commit to the collector or collectors, constable or con- 
stables of such town, district, plantation or other place 
respectively, with a Warrant or Warrants, in due form 
of law, requiring them to collect and pay the same to the 
said Treasurer on or before the first day of April, in the 
year of Our Lord one thousand eight hundred and six ; 
and also to return a certificate of the name or names of 
such collector or collectors, constable or constables, with 



270 Acts, 1804. — Chapter 144. 

the sum total which they may be so required respectively 
to collect, to the said Treasurer, some tiaie before the first 
day of December next. 

And whereas there are many persons within this Com- 
monwealth engaged in trade, who negociate much business, 
and hire shops, stores and wharves in towns, districts or 
places, other than where they dwell, and whose property 
and ability can be better known to the Assessors of the 
several towns wherein such business is transacted, than to 
those of the town, district or other place where they may 
dwell : Therefore 

Sect. 5. Be it further enacted. That for such goods, 
wares & merchandize, or other stock in trade, ships & ves- 
sels, as are sold, used or improved in the towns, districts, 
plantations or places, other than where the owners thereof 
may dwell, such owners shall be respectively taxed .therefor 
in such town, district, plantation or other place, and not 
where they dwell or have their home ; and they shall be 
respectively held to deliver, on oath or affirmation, if re- 
quired, a list of their whole taxable estate, to the Assess- 
ors of the town, district, plantation or other place, where 
they may dwell on the said first day of May, distinguish- 
ing what part thereof is taxable elsewhere, and in default 
thereof, they may be doomed by said Assessors. Pro- 
vided, however, that this clause shall in no case be so 
construed as to enable the Assessors of any town, dis- 
trict, plantation or other place, to assess an inhabitant of 
any other town, district, plantation or other place, for 
any property charged thereon in the last valuation. 

Sec. 6th. And be it further enacted. That the Presi- 
dent, Professors, Tutors, Librarian, and Students of Har- 
vard Williams and Bowdoin Colleges, respectively, who 
have their usual residence there, and who enjoy no other 
pecuniary Office or employment ; also ministers of the 
Gospel, Preceptors of Academies established by law, and 
Latin Grammar School-masters, shall not be assessed for 
their polls or estates under their personal management, in 
the towns, districts or parishes where they are settled; 
and that all persons who have the management of the 
estates of Harvard, Williams and Bowdoin Colleges, and 
the Academies aforesaid, respectively, shall not be assessed 
for the same : And that Indians shall not be assessed for 
their polls or estates. And if there be any other persons, 
who, by reason of age, infirmity or poverty, may be unable 



Acts, 1804. — Chapter 144. 271 

to contribute towards the public charges, in the Judgment 
of said Assessors respectively, they may exempt the poll 
and estate of such persons, or abate any part of what they 
are set at, as they may think just and equitable. 

Sec. 7th. And be it further enacted^ That the Justices 
of the Peace, at their sessions in their respective Counties, 
when duly authorized to assess a County tax, shall appor- 
tion the same on the several towns, districts, plantations 
or other places therein, according to the proportion at 
which they are rated in this Act ; and in the assessment 
of all County, town, parish or society taxes, the Assessors 
of each town, district, parish, plantation, society, or other 
place in this Commonwealth, shall govern themselves by 
the same rules, and assess the polls therein in the same 
proportion as they may be assessed to pay by force of 
this Act ; having regard to all such alterations of polls or 
property, as may happen within the same subsequent to 
the assessment of the tax laid by this Act, excepting such 
parishes and societies for which different provision for 
assessing their taxes is made by law. Provided always, 
that it shall be lawful for any town, district, parish or 
plantation to make, levy and collect any county, town, 
parish or society tax, according to a new valuation, and 
for that purpose to cause a valuation to be taken therein, 
at any time of the year which they may determine to be 
necessary, at a legal meeting warned for that purpose ; 
and the Assessors of the several towns, which by this Act 
are charged with an additional sum for the pay of their 
representatives, shall assess such sum on the polls and 
estates therein, in the same proportion at which such 
polls and estates shall be respectively assessed for raising 
the sum of One hundred and thirty three thousand, three 
hundred and two dollars, and fifty-two cents. 

Sec. 8th. And he it further enacted, That the fore- 
going tax be, and hereby is appropriated for defraying 
the expenses of Government, and that no order shall be 
drawn by the Treasurer on any Constable or Collector of 
this tax for any part of the same. And all the said As- 
sessors shall make their several rate lists to be committed 
to Collectors or Constables, in the form prescribed at the 
end of this Act. 



272 



Acts, 1804. — Chapter 144. 



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. 



Personal Estate 
and Income. 



Dollars, Cents. 



Dollars. Cents. Dollars. Cents. Dollars. Cents 



Form of Bate Lists of non-resident Proprietors of unimproved lands. 



STATE TAX. 



Names of 
Persons to 

be taxed 
(If known.) 



Number of 

each Lot 

(if known.) 



Number of 
Division or 
description of 
the Kange 
(if known.) 



Number 
ofAcres. 



Value. 



Dollars. Cents. Dollars. Cents. Dollars. Cents. 



Approved March 14, 1805. 



RESOLVES 



MASSACHUSETTS. 



1804. 



RESOLVES 



GENERAL COURT 



Commonwealth of Massachusetts, 



BEGUN AND HELD AT BOSTON, IN THE COUNTY OF SUFFOLK, 

ON WEDNESDAY, THE THIRTIETH DAY OF 

3IAY, A. D. 1804. 



BOSTON : 

PRINTED BY YOUNG & MINNS, 

Prmtera 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 THIRTIETH DAY OF 
MAY, A.D. 180-t. 

GOVERNOR. 

His Excellency CALEB STRONG, Esquire. 

LIEUTENANT GOVERNOR. 
His Honor EDWARD H. ROBBINS, Esquire. 

COUNSELLORS. 

Honorable Nathan Gushing, Honorable Stephen Bullock, 
John Hastings, Artemas Ward, 

Oliver Wendell, Heniy Knox, 

Salem Town, Samuel Dexter, jun. 

Nathaniel Mai'sh, Esquires. 

SENATORS. 
Hon. DAVID COBB, Esq. President. 

Suffolk. Hampshire. 

Hon. Joseph Russell, Hon. John Hooker, 

William Brown, Ezra Starkweather, 

John Phillips, Hugh McLellan, Esquires. 

Josiah Quincy, Esquires. 

York. 

Essex. Hon. John Woodman, 
Hon. Enoch Titcomb, Joseph Bartlett, Esquires. 

Elias H. Derby, 

John Heard, Bristol. 

William Prescott, Hon. Josiah Dean, 
John Phillips, jun. Esquires. Nathaniel Morton, jun. Es- 

quires. 
Middlesex. 
Hon. Jonathan Maynai'd, Plymouth. 

Aaron Hill, Hon. Isaac Thomson, 
William Ilildreth, Beza Haywai'd, Esquires. 

William Hull, Esquires. 



278 



Resolves, 1804. — May Session. 



SENATOBS— Concluded. 



Barnstable. 
Hon. Richard Seai'S, Esquire. 

Dukes County and Nan- 
tucket. 
Hon. Isaac Coffin, Esquire. 

Worcester. 
Hon. Daniel Bigelow, 
Thomas Hale, 
Elijah Brigham, Esquires. 

Cumberland. 
Hon. Woodbury Storer, 

John Gushing, Esquires. 



Berkshire. 
Hon. John Bacon, 

Barnabas Bidvvell, Esquires. 

Lincoln, Hancock & Wash- 
ington. 
Hon. Mark Langdon Hill, Esquire. 

Norfolk. 
Hon. John Ellis, 

John Howe, Esquires. 

Kennebeck. 
Hon. John Chandler, Esquire. 



Rev. WILLIAM EMERSON, D.D. Chaplain. 
WENDELL DAVIS, Esq. Clerk. 



HOUSE OF REPRESENTATIVES. 
Hon. HARRISON G. OTIS, Esq. Sj^eaker. 
County of Suffolk. 
Boston, William Smith, Boston, William Sullivan, 



Jonathan Hunnewell, 
Abiel Smith, 
William Spooner, 



John Welles, 
Chelsea, 



County of Essex. 



Salem, John Hathorne, 

William Cleveland, 

John Southwick, 
Ipswich, Nathaniel Wade, 

Jonathan Cogswell, 

Joseph Swasey, 
Newbury, Josiah Little, 
Newbury-Port, Jonathan Marsh, 

Thomas Carter, 

Mai-k Fitz, 

Jei'emiah Nelson, 

Thomas M. Clark, 

Nicholas Johnson, 
Lynn & Lynnfield, Joseph Ful- 
ler, 3d, ■ 
Gloucester, John Rowe, 
Rowley, Moody SpaflPord, 
Salisbury, Jonathan Webster, 
Amesbtiry, Benjamin Lurvey, 
Haverhill, David How 



Andover, Thomas Kittridge, 

Marblehead, Elisha Story, 
John Selman, 
Nathan B. Martin, 
John Prince, 
Ebenezer Graves, 

Beverly, Joseph Wood, 
Israel Thorndike, 
Abner Chapman, 

Tojjsjield, 

Bradford, Peter Russell, 

Boxford, Thomas Perley, 

Methuen, 

Danvers, Gideon Foster, 
Samuel Page, 
Nathan Read, 

Wenham, 

Manchester, 

Hamilton, 

Middleton, 



Resolves, 1804. — May Session. 



279 



REPRESENIATIVES— Continued. 



County of Middlesex. 



Charlestown, Thomas Harris, 

Matthew Bridge, 

David Goodwin, 
Cambridge, Jeduthan Willington, 

William Whittemore, 

Daniel Mason, 
Medford, Nathaniel Hall, 
Watertown, Jonas White, 
Concord, Joseph Chandler, 
Sudbury, Joseph Goodnow, 
Woburn, Loammi Baldwin, 
Reading, Daniel Graves, 
Maiden, Jonathan Oaks, 
Oroton, Timothy Bigelow, 
Billerica, Oliver Crosby, 
Chelmsford, William Adams, 
Marlborough, John Loi'ing, 
Dunstable & Tyngsborough, 
Sherburne, 
Stow & Boxborough, 



Newton, Timothy Jackson, 

Framingham, 

Dracut, Israel Hildreth, 

Weston, John Slack, 

Lexington, Isaac Hastings, 

Littletoji, 

Eopkinton, Walter McFarland, 

Eolliston, James Mellen, 

Westford, Jonathan Carver, 

Bedford, 

Wilmington, Timothy Walker, 

Tewksbury, William Simonds, 

Acton & Carlisle, Jonas Brooks, 

Waltham, Jonathan Coolidge, 

Shirley, 

Pepperel, Joseph Heald, 

Lincoln, Samuel Hoar, 

Ashby, John Locke, 

East-Sudbury, Jacob Reeves, 

Natick, 



County of Hampshire. 



Springfield, William Ely, 

Eadley, Samuel Porter, 

Northfield, Medad Alexander, 

Sunderland, Samuel Church, 

Brimfield, Stephen Pynchon, 

Pelham, Isaac Abercrombie, 

Palmer, Aaron Merrick, 

South-Hadley, Buggies Wood- 
bridge, 

New- Salem, Varney Pearce, 

Montague, 

Oreenwich, Robert Field, 

Amherst, Zebina Montague, 

Monson, Abner Brown, 

Belchertown, Eleazer Clark, 

Shutesbury, 

Ware, William Bowdoin, 

South-Brimfield ) Josiah G a r d - 
<& Holland, \ ner, 

Warwick & Orange, Oliver 
Chapin, 

Wilbraham, 

Oranby, David Smith, 

Ludlow, 

Leverett, 

Wendell, 

Long-Meadow, Hezekiah Hale, 



,T n 4 J. (' Moses Wright, 
Northampton &) ... p^ ' 

East-Hampton, | ^^^^^^ ^^™® 

Westfield, John lugersoll, 

Hatfield, 

Deerfield, Elihu Hoyt, 

Blandford, Eli P. Ashmun, 

Southampton, Lemuel Pomeroy, 

Greenfield & Gill, Gilbert Stacy, 

Qranville, John Phelps, 

Israel Parsons, 
Coleraine, 

Bernardston & Leyden, 
Chesterfield, Alanson Anderson, 
Charlemont, Joshua Hawks, 
Chester, Ozias French, 
Conway, Reuben Bardwell, 
Ashfield, Elijah Paine, 
Shclburne, John Long, 
Worlhington, Jonathan Wood- 
bridge, 
Soutfitvick, 

Williamsburgh, William Bodnian, 
Whately, 

Norwich, Stephen Tracy, 
West- Springfield, Jona. Smith, 
jun. 

Jeremiah Stebbins, 



280 



Kesolves, 1804. — May Session. 



REPRESENTATIVES— Continued. 



County of Hampshire — Concluded. 



West-Hampton, Sylvester Judd, 
Buckland, Samuel Taylor, 
Ctcmmington & Plainjield, Eben- 

ezer Snell, 
Montgomery, 
Goshen, 



Middlefield, 

Rome, 

Heath, 

Hawley, Edmund Longly, 

Russell, 



County of Plymouth. 



Plymouth, Nathaniel Goodwin, 
Scituate, Elijah Turner, 
Duxbury, Seth Sprague, 
Marshjield, Elisha Phillips, 
Bridgewater, Daniel Snow, 
Middleborough, John Tinliham, 
Rochester, Nathan Willis, 
Plym2)ton, 
Pembroke, Kilborn Whitman, 



Abington, Aaron Hobart, 

Kingston, Seth Drew, 

Hanover, Albert Smith, 

Halifax, 

Wareham, 

Carver, 

Hingham, Nathan Rice, 

Hull, 



County of Bristol. 



Taunton, Jones Godfrey, 
Rehobolh, Frederick Drown, 
BartmotUh, Holder Slocum, 
Sioanzey, Christopher Mason, 
Freetown, William Rounseville, 
Attleborough, Ebenezer Tyler, 
Norton, Laban Wheaton, 
Dighton, John Hathaway, 



Easton, Abiel Mitchell, 
Raynham, Israel Washburn, 
Berkley, Apollos Tobey, 
Mansfield, 

New-Bedford, Seth Spooner, 
Westi^ort, William Almy, 
Somerset, John Bowers, 
Fall-River, Abi-aham Bowen, 



County of Barnstable. 



Barnstable, Jonas Whitman, 
Sandwich, John Freeman, 
Yarmouth, 

Eastham, Samuel Freeman, 
Falmouth, David Nye, 
Harwich, John Dillingham, 
Ebenezer Broadbrooks, 



Truro, 

Chatham, 

Provincetown, 

Wellfleet, Lemuel Newcomb, 

Dennis, 

Orlea7is, Richard Sparrow, 

Brewster, Isaac Clark, 



Edgartown, 
Chilmark, 



County of Dukes County. 

Tisbury, William Worth, 

County of Nantucket. 
Nantucket, Micajah Coffin, 



County of Worcester. 

Worcester, Samuel Flagg, Oxford, 

Edward Bangs, Leicester, Nathaniel P. Dennie, 

Lancaster, Jonathan Wilder, Rutland, Jonas How, 

Mendon, Joseph Adams, Sutton, Stephen Monroe, 



Resolves, 1804. — Mat Session. 



281 



REPRESENTA TIVES — Continued. 



County of Worcester — Concluded. 



Westborough, Nathan Fisher, 
Brookfield, Jabez Upham, 
Uxbridge, Bezaleel Taft, 
Sotithborough, 
Shrewsbury, Jonah Howe, 
Lunenburgh, Edmund Cashing, 
Dudley, Thomas Learned, 
Harvard, Thomas Park, 
Orafton, Joseph Wood, 
Vpton, 

Eardwick, John Hastings, 
Bolton & Berlin, Silas Holman, 
Stui'bridgc, Thomas Upham, 
Eolden, Elnathan Davis, 
Leominster, Jonas Kendall, 
Western, Danforth Keyes, 
Douglass, Aaron Marsh, 
Neio-Brainlree, James Woods, 
Spencer, Benjamin Drury, 
Petersham, 
Charlton, 



Tem2)leton, 

Athol, Eleazar Graves, 

Oakham, 

Fitchburgh, Joseph Fox, 

Winchendon, 

Royalston, Isaac Gregory, 

Ashburnham, 

Paxton, 

Northborough, James Keyes, 

Hubbardston, John McClanathan, 

Westminster, Jonas Whitney, 

Princeton, John Dana, 

Northbridge, 

Barre, Joel Bent, 

Ward, 

Milford, Samuel Jones, 

Sterling, Israel Allen, 

Gardner, 

Boylston, James Longley, 

Oerry, 

Dana, 



County of Berkshire. 



Lenox, Thomas Brown, 

Sheffield tfc M. ^ J o h n W. Hul- 
Washington, \ bert, 

Stockbridge, Asa Williams, 

Neiv-Marlboroiigh, Benjamin 
Wheeler, 

Egremont, 

Pittsfeld, Timothy Childs, 
Thomas Allen, jun. 

Oreat-Barri7igto7i, Samuel Whit- 
ing, 

Sandisfield & Southfield, John 
Picket, 

Tyringham, Adonijah Bidwell, 

Lanesborough & ? Samuel Hill 
New-Ashford, \ Wheeler, 

Wtlliamston, William Young, 



Becket, 

Windsor, Amos Holbrook, 

Partridgefield, Cyrus Stowell, 

Alford, 

Loudon, 

West- Stockbridge, 

Richmond, Zaciiariah Peirson, 

Hancock, 

Washington, 

Lee, Joseph Whiton, 

Adams, Abraham Howland, 

Dalton, 

Bethlehem, 

Cheshire, Jonathan Richardson, 

Savoy, 

Clarksburgh, 



County 

Roxbury, Joseph Heath, 

William Brewer, 

Crowell Hatch, 
Dorchester, Perez Morton, 

Ezekiel Tolman, 
Weymouth, Eliphalet Loud, 
Dedham, Ebenezer Fisher, 
Braintree, 
Medfield & Dover, John Baxter, 



of Norfolk. 

Milton, David Tucker, 
Wrentham, Cornelius Kollock, 
Brookline, Stephen Sharp, 
Needham, William Mcintosh, 
Medway, Moses Richardson, 
Bellingham, Laban Bates, 
Walpole, Asa Kingsbury, 
St07tghto7i, Lemuel Gay, 
Sharon, John Drake, jun. 



282 



Resolves, 1804. — Mat Session. 



REPRESENTATIVES— Continued. 



County of Norfolk — Concluded. 

Cohasset, Thomas Lothrop, Quincy, Moses Black, 

Franklin, John Boyd, Randolph, Joseph White, 

Foxborough, Canton, Joseph Bemis, 

County of York. 



York, Alexander Mclntire, 

Kittery, Mark Adams, 

Wells, John Storer, 

Berwick, Richard F. Cutts, 

Biddeford, 

Arundel, Thomas Perkins, 3d, 

Lebanon, Thomas M. Wentworth, 

Sanford & Alfred, 

Pepperelborough, William Moody, 

Joseph Morrill, 
Buxton, Samuel Merrill, jun. 
Lyman, 
Shapleigh, 



Parsonsfield, 

Waierbbrough, 

Limerick, 

Limington, 

Newfield, 

Cornish, 

Phillij)sburgh, John Smith, 

Fryburgh, 

Brownjield, 

Lovell, 

Waterjford, 

Albany, 

Bethel, 



County of Cumberland. 



Portland, Daniel Tucker, 

Josejjh Titcomb, 

William Symmes, 

Matthew Cobb, 
Scarborough, Benjamin Larabee, 
North- Yarmouth, Ammi Ru- 

hamah Mitchell, 
Falmouth, Archelaus Lewis, 
Brunswick, John Dunlap, 
Harjjswell, Benjamin Duning, 
Windham, 

Gorham, Lothrop Lewis, 
Cape-Elizabeth , 
New- Gloucester, Joseph Ellery 

Foxcroft, 
Gray, 
Standish, 
Freeport, 



Durham, 

Poland, 

Pegypscot, 

Turner, 

Hebron, Samuel Parris, 

Btcckfield, 

Paris, Levi Hubbard, 

Bridgetown, 

Livermore, David Learned, 

Norway, 

Otisfeld, 

Hartford, 

Sumner, 

Minot, 

Baldwiii, 

Raymond, 

Rumford, 

Bixfield, 



County of Lincoln. 



Wiscassett, Moses Carleton, jun. 

New-Castle, John Farley, 

Woohvich, Peleg Tallman, 

Boothbay, William McCobb, 

Edgecomb, 

Dresden, 

Nerv-Milford, 

Bristol, John Johnston, 

Nobleborough, 

Waldoborough, 

TJiomaston, Joshua Adams, 

Camden, John Harkness, 



Cushing, 

St. George, John McKeller, 

Warren, John Wylie, 

Union, 

Georgetown, William Lee, 

Bath, William King, 

Topsham, Benjamin J. Porter, 

Botvdoiii, 

Bowdoinham, 

Leivistoivn, Dan Read, 

Litchfield, 

Lisbon, 



Resolves, 1804. — May Session. 



283 



REPRESENTATIVES— Concluded. 





County of '. 


Kennebeck. 


Augusta, Benjamin 


Whitwell, 


Starks, 


jffallotvell, Thomas Fillebrown, 


Anson, 


Gardiner, Samuel Elwell, 


New- Vineyard, 


Monmouth, Simon Dearborn, jun. 


Strong, 


Qreene, 




Avon, 


Leeds, 




Temple, 


Winthrop, Nathaniel Fairbanks, 


Wilton, 


Readjield, 




Jay, 


Wayne, 




Pittstoimi, Samuel Oakman, 


Fayette, 




Vassalborough, 


Mo7int Vernon, Paul Blake, 


Harlem, 


Belgrade, 




Winslow, Charles Hayden, 


Sydney, 




Fairfax, 


Waterville, Elnathan Sherwin, 


Clinton, 


Fairfield, 




Canaan, 


Rome, 




Norridgewock, 


Vienna, 




Madison, 


New- Sharon, 




Cornville, 


Chesterville, 




Athens, 


Farmington, Ebenezer Norton, 


Harmony, 


Industry, 








County oj 


' Hancock. 


Castine, 




Mount-Desert, 


Penobscot, Jeremiah Wartlwell, 


Eden, 


Orland, 




Trenton, 


Buckstown, Jonathan Buck, 


Sullivan, 


Orrington, Timothy 


Freeman, 


Gouldsborough, 


Sedgiuick, 




Belfast, Jonathan Wilson, 


Blue-Hill, 




Prosjject, 


Surry, 




Frankfort, 


Ellsivorth, 




Hampden, Martin Kinsley, 


Isleborough, 




Bangor, 


Deer-Isle, 




Northport, 


Vinalhaven, 




Lincolnville, George Ulmer. 




County of Washington. 


Maohias, 




Addison, 


Steuben, 




Harrington, 


Columbia, 




Eastport, 




Chapter 1. 



RESOLVE FOR APPOINTMENT OF AN ADDITIONAL NOTARY PUB- 
LIC FOR THE COUNTY OF PLYMOUTH. 

Resolved that an additional Notary Public be appointed 
for the County of Plymouth to reside in the town of Dux- 
bury in said County. June 1, 1804. 



284: Resolves, 1804. — Mat Session. 



Chapter 2. 

RESOLVE FOR APPOINTMENT OF AN ADDITIONAL NOTARY 
PUBLIC FOR THE COUNTY OF CUMBERLAND. 

Resolved, That there shall in future be appointed an 
additional Notary Public, in the county of Cumberland, 
to reside at Harpswell, in said County. June 5, 1804. 



Chapter 3. 

RESOLVE FOR APPOINTMENT OF AN ADDITIONAL NOTARY 
PUBLIC FOR THE COUNTY OF DUKES COUNTY. 

Resolved That an additional Notary Publick be appointed 
for the County of Dukes County to reside in either of the 
Towns of Tisbury or Chilmark. June 5, 1804. 



Chapter 5.* 

RESOLVE ON THE PETITION OF MARY LOW, AUTHORIZING HER 
TO EXECUTE A DEED OF THE LAND MENTIONED. 

On the Petition of Mary Low Administratrix on the 
estate of Joseph Low late of Fitchburgh deceased, repre- 
senting that her late husband at the time of his decease 
held in fee a certain piece of Land situate in Fitchburgh 
containing half an Acre be the same more or less with a 
dwelling house thereon, which by bargain was the prop- 
erty of Capt. John Upton and that the said John Upton 
had paid her said husband for the same according to con- 
tract and that her said husband was about to give & exe- 
cute a Deed of the premises before his decease. 

Therefore Resolved That the said Mary Low Adminis- 
tratrix as aforesaid be and she is hereby fully authorised 
& empowered to make and execute a good and sufficient 
Deed of the aforesaid Piece of land and dwelling house to 
the said John Upton his heirs and assigns, which shall be 
considered as valid & effectual in Law as a Deed thereof 
would have been if duly executed by the said Joseph in 
his Life time. June 6, 1804. 

* Chapter 4 is a message from the Governor, relative to the Province House, 
and will be found among the messages. 



Resolves, 1801. — May Session. 285 



Chapter 6. 

RESOLVE ON THE PETITION OF SAMUEL KENDALL, GUARDIAN 
TO THE CHILDREN OF HENRY PIGEON, DECEASED, CONFIRM- 
ING SALE AT PUBLIC AUCTION OF THE REAL ESTATE MEN- 
TIONED. 

On the Petition of Samuel Kendall as Guardian of Betsy, 
Jane, Henry, Maria, & Charles D. Pigeon children & heirs 
at law of Henry Pigeon, late of Newton, in the County of 
Middlesex, Yeoman, deceased. 

Whereas on the ninth day of February, last past a re- 
solve passed both Houses of the Legislature empowering 
the said Guardian to sell & dispose of at Public auction all 
the real estate of the said deceased, lying in said Newton, 
&, belonging to the minors abovementioned, and to convey 
the same in fee simple, and to execute a good & sufficient 
deed or deeds thereof to the purchaser. Provided the 
said Samuel Kendall should first give bonds, to the Judge 
of Probate, for the County of Middlesex, to observe the 
rules & regulations of the law in such case made & pro- 
vided. Which resolve was by accident mislaid and not 
presented to the Governor for his signature ; and whereas 
said Kendall supposing said resolve had received the sig- 
nature of the Governor did afterwards give bonds as pro- 
vided in said Resolve, and did dispose of said estate at 
Public Auction to John Osborn, of Boston, Merchant — 
Therefore 

Resolved, that the doings of said Kendall in regard to 
the sale of said estate be and hereby are confirmed & that 
he be authorized to make a good & sufficient deed or deeds 
thereof to said Osborn his heirs and assigns, he the said 
Kendall first giving bonds to the said Judge of Probate 
for accounting with said minors respectively as they shall 
come of age, for the proceeds of the sale of said estate as 
is by law in like cases required. June 8, 1804. 



Chapter 7. 

'resolve for APPOINTMENT OF AN ADDITIONAL NOTARY 
PUBLIC FOR THE COUNTY OF HANCOCK. 

Resolved, That an additional Notary Public be appointed 
for the County of Hancock to reside at Buckstown. 

June 9, 1804. 



286 Resolves, 1804. — May Session. 



Chapter 8. 

EESOLVE FOR APPOINTMENT OF AN ADDITIONAL NOTARY 
PUBLIC FOR THE COUNTY OF PLYMOUTH. 

Resolved, That there be an additional Notary Public 
appointed for the County of Plymouth, to reside in the 
Town of Hingham. June 9, 1804. 



ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH, AT 
THE OPENING OF THE SESSION. 

May it please your Excellency, 

The Senate are impressed with a deep sense of the obli- 
gations, which result from the constitution, and of the 
indissoluble connexion, between its principles and those 
of " piety, justice, moderation, temperance, industry and 
frugality." On this account, it is a source of high satis- 
faction to them, that your Excellency is again placed at 
the head of this Commonwealth, and that the principles 
and virtues, inculcated by the Constitution, shall yet con- 
tinue to gain illustration from the precepts and example 
of the Chief Magistrate. On this event, so auspicious to 
virtue and liberty, they cannot* refrain from congratulating 
themselves and their fellow citizens. 

The opinions, expressed by your Excellency, touching 
the perfection of civil liberty, its opposition to licentious- 
ness, and its consistency with the restrictions of law and 
justice, are entirely in unison with the sentiments of the 
Senate and with the principles of the Constitution. The 
dangers to liberty, from the indiscretion of mistaken, and 
from the artifices of ambitious men, can not be, too fre- 
quently, deprecated. 

In all free States, the tyrants, who have ultimately 
wrested from the people, their liberties, have commenced 
their machinations, under "the garb of patriotism," and 
have risen into influence, by employing " their talents to 
inflame the passions of the people and excite their con- 
tempt of decency and order." Whenever, therefore, in 
any country, a class, or description of men arises, making 
loud and exclusive pretensions of friendship for the people, 
yet supporting those pretensions by no rare instances of 
private, or public, virtue; when such a class or descrip- 
tion of men, set themselves assiduously to deceive and 



Eesolves, 1804. — May Session. 287 

corrupt the people, striving by subtile insinuations and 
by the circulation of anonymous falsehoods, to deprive 
honourable and virtuous men of the fair rewards of their 
talents and integrity, it becomes all those, who have a real 
regard for the people, and who possess a just and noble 
zeal to perpetuate the blessings of liberty, order and 
religion, to be vigilant, active and instant, to maintain the 
fundamental principles of a free government " piety, jus- 
tice, moderation, temperance, industry and frugality;" 
and " to have a particular attention to all those principles, 
in the choice of their officers and representatives." 

The Senate fully concur in sentiment with your Excel- 
lency, that public happiness is founded on order, and 
that, to maintain it, injustice must be restrained, life and 
property guarded against outrage, the simple and innocent 
placed in securit}^ from artifice and fraud, and such a state 
of tranquility produced, as that the most defenceless may 
be safe under the protection of government. And your 
Excellency may rest assured, that in all their deliberations 
concerning public, or private rights and interests, they will 
keep constantly in view, those great, just and constitu- 
tional principles of rational liberty and practical equality, 
which your Excellency has been pleased to elucidate. And 
as, on the one hand, it shall be their assiduous study to 
preserve and cherish that equality of rights, which consists 
in assuring protection to each individual, in the amenabilit}' 
of all men, of every description, to justice, in equal gov- 
ernment and impartial laws, so, on the other, it shall be 
their solicitude to restrain that injurious and disgraceful 
spirit of equalit}' falsely so stiled, which would prostitute 
the honours and preferments of the people, due only to 
merit and capacity, to criminal ambition and intrigue ; a 
spirit, which never fails to arise in a republic, "when 
manners are exceedingly depraved, when upright magis- 
trates are no longer respected, and parents and public 
instructors are treated with rudeness and insolence, when 
the child behaves himself proudly against the ancient, and 
the base against the honourable, and the natural and neces- 
sary distinctions in society are disregarded." 

The Senate entirely coincide in the sentiments of your 
Excellency, that, " in some nations, the genius and habits 
of the people seem not to admit of a free government, and 
that they appear to be incapable of that just and reasonable 
obedience, which is necessary in a free state." A wise 



288 Resolves, 1801. — May Session". 

people, therefore, like that of the United States, engaged 
sincerely and heartily, in the great experiment of ascer- 
taining the capacity of the people to enjoy perfect liberty, 
with moderation, should admit, with great circumspection, 
the subjects of such nations, to a free participation in their 
political rights and privileges ; and should, also, at all 
times, patronize " those institutions, which form the man- 
ners and morals of the people, and which tend to inspire 
them, with veneration for the Supreme Being, with rev- 
erence, for just authority, and respect for themselves." 

The communications, made by your Excellency, relative 
to the choice of Electors of President and Vice President 
and to the Judiciary Department, shall receive that atten- 
tion, which the high nature of those subjects demands. 
The Senate have a deep conviction of the importance of 
an impartial distribution of justice : To the attainment 
of which a practicable and convenient system, as well as 
independent Judges and enlightened and upright Jurors, 
is essentially necessary. 

Your Excellency may, always rely on the zealous co- 
operation of the Senate in all measures, which "tend to 
render the State respectable, to promote justice among our 
fellow citizens, and secure to them a life of quiet and 
tranquillity." June 9, 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 House of Representatives, deeply impressed with 
the obligation they have taken upon themselves, to per- 
form the public duties incumbent upon them, agreeably 
to the rules and regulations of the Constitution, will on 
their part faithfully endeavor to protect their fellow-citi- 
zens in the enjoyment of their lives, liberty and property ; 
and scrupulously observe the principles of the Constitu- 
tion ; and constantly adhere to those of piety, justice, 
moderation, temperance, industry and frugality, in the 
formation of the. laws necessary for the good administra- 
tion of the Commonwealth. 

We are highly sensible of the importance of an impartial 
distribution of justice to all the people, to preserve an 
equality among them, and to enable them to enjoy that 
liberty, which, under the protection of law, secures their 



Eesolves, 180:^. — May Session. 289 

lives and property, and to unite them more closely to- 
gether, and attach them more firmly to the State. 

We perfectly and most sincerely agree with your Excel- 
lency, in your sentiments of civil liberty ; in your esti- 
mation of order and regularity in society, and in your 
definition of equality. 

Although it be obvious to thinking and cultivated minds, 
that nothing can be more opposite to liberty, than licen- 
tiousness ; yet it is no less obvious, that, by the undis- 
tinguishing, the one is frequently confounded with the 
other. 

To a destitution of correctness of the public sentiment^ 
on this subject, is unquestionably to be imputed most of 
the evils, which have, in ancient as well as modern times, 
disturbed, convulsed and subverted to their foundations, 
those sections of the world, on which attempts have been 
made to maintain republican forms of government. 

Knowing, as we do know, that it is infinitely easier to 
enkindle enthusiasm, and to set on fire the zeal, than to 
inform the understanding of man, we cannot watch too 
critically, or shield ourselves too strongly, against ambi- 
tious and designing men, who assume the garb of patriot- 
ism, and employ their talents to inflame the passions of 
the people, and excite their contempt of all decency and 
order. 

It is utterly impossible for us to hesitate to concur with 
your Excellency in the position, that all other equality 
than that of rights, is wholly inconsistent with the nature 
of things. 

Liberty and equality, as defined by those Utopian 
Philosophers who have adopted the scheme that love and 
reason impose upon each individual every necessary re- 
straint ; and who, with rapid strides, are travelling on 
with man, to the perfectability of human nature, are highly 
calculated to undermine all rational liberty, to prostrate 
all civil society, and to blot from the face of earth all sorts 
of Government. 

Your Excellency may be assured, that we will spare no 
exertions to assist our fellow-citizens in forming correct 
opinions of the terms liberty and equality. 

We are feelingly alive to the importance of the experi- 
ment, now making in our land, as to the capacity of the 
American People to enjoy perfect liberty with moderation, 
which has hitherto proved happily successful. We shall 



290 Resolves, 1804. — May Session. 

certainly be solicitous to contribute to its success, by a 
faithful discharge of our duty. And we sincerely recipro- 
cate the sentiment, that all the efforts of legislative wisdom 
will be unavailing, without the aid of those institutions, 
which form the manners and morals of the people, and 
which tend to inspire them with veneration for the Supreme 
Being, with reverence for just authority, and respect for 
themselves. 

To the communication of your Excellency, upon the 
subject of the Judiciary of this Commonwealth, we will 
most cheerfully pay every attention, that the importance 
of the subject and the high respectability of the Magis- 
trates, by whom the alterations of the present system are 
suggested, demand. 

The House of Kepresentatives will not fail to afford 
their aid, in directing the manner in which the Electors, 
on the part of this CommonAvealth, of President and Vice- 
President of the United States, shall be appointed. 

We rely, with that perfect confidence which the purity 
and eminence of your Excellency's character, and our past 
happy experience of the fruits of your abilities, wisdom 
and virtues, fully authorize, that you will co-operate with 
the two branches of the Legislature, in such measures as 
shall tend to render the State respectable ; to promote 
justice among our fellow-citizens, and secure to them a 
life of quiet and tranquility. We at the same time beg 
you to accept our assurance, that we will adopt, and faith- 
fully preserve every proper mean to eflectuate the same 
ends. 

We, on this occasion, congratulate your Excellency and 
ourselves, on your re-election to the first executive oflSce 
of this Commonwealth. We consider that our fellow-citi- 
zens, while they have paid a tribute of gratitude to merit, 
have strikingly evinced their own integrity, independence 
and discernment, by thus again exalting you to this high 
station. June 11, 1804. 



Chapter 9. 

RESOLVE FOR ALTERING THE 9th SECTION OF AN ACT ESTAB- 
LISHING THE HARTFORD AND DEDHAM TURNPIKE CORPO- 
RATION. 

Whereas by the 9th section of an Act entitled " An Act 
establishing the Hartford & Dedham Turnpike Corpo- 



Resolves, 1804. — May Session. 291 

ration," it is (through mistake) enacted, ** That a meet- 
ing of said Corporation shall be held at the house of Col. 
Johnson Mason, in Medfield, on the last tuesday of March 
next : " 

Resolved, that a meeting of the said Corporation shall 
be held at the house of the said Mason on the last tues- 
day of June instant for the purposes mentioned in the said 
9th section of the said Act. June 12, 1804. 

Chapter 10. 

RESOLVE ON THE PETITION OF AARON WOODBURY AND DANIEL 
HOVEY, AUTHORIZING THE ADMINISTRATORS ON THE ESTATE 
OF PETER TRASK, DECEASED, TO EXECUTE A DEED OF THE 
LAND MENTIONED. 

On the petition of Aaron Woodbury & Daniel Hovey, 
stating, that Peter Trask late of Sutton in the County of 
Worcester deceased, did in his life time, contract with the 
said Woodbury & Hovey to convey to them one half of 
a certain lot of Land with buildings thereon standing, 
which he held in common & undivided with them the said 
Woodbury & Hovey, situate in Bangor in the County of 
Hancock; that the said Woodbury & Hovey, in the life 
time of the said Trask, had paid him a valuable consid- 
eration therefor, but had not taken a deed of conveyance 
of the same ; and praying that the Administrators of the 
said Peter Trask's estate may be authorized to convey to 
them, in fee the said half of said lot. 

Resolved, That the Administrators on the estate of said 
Peter deceased, be, and they hereby are authorized & 
empowered to make & execute a good & sufficient deed 
of the aforesaid half part of said lot of land, to the said 
Woodbury & Hovey, they ful tilling the contract, which 
they made with the said Trask in his life time relating to 
the same. June 13, 1804. 

Chapter 11. 

RESOLVE ON THE PETITION OF EBENEZER RAWSON AND OTHERS, 
A COMMITTEE IN BEHALF OF THE TOWN OF PARIS. 

On the petition of Ebenezer Rawson & others a Com- 
mittee in behalf of the town of Paris in the County of 
Cumberland, praying for liberty to sell two public rights 
of land, which in the original grant of said township were 
reserved, one for the use of schools, and the other for the 



292: Kesolves, 1804. — May Session. 

support of the Ministry in said town forever ; and to appro- 
priate the proceeds of said sale for that purpose. 

Resolved for the reasons set forth in the said petition 
that the Inhabitants of the said town of Paris, by their 
agent or Committee, duly authorised for the purpose, be, 
and hereby are impowered to sell the said two public rights 
of land & to make & execute good & sufficient deeds thereof 
to the purchaser and that the net proceeds of the said sale 
be, and shall forever continue to be vested, in some of the 
public funds of the United States, or of this Commonwealth 
or mortgage of real estate, and the Interest arising from 
the sale of the said School right, shall be applied towards 
the support of schools, and the Interest arising from the 
sale of the ministerial right, shall be applied towards the 
support of the Ministry. 

And it is further Resolved, that the Clerk of the said 
town of Paris shall procure from the Secretary of the Com- 
mon wealth an attested copy of this Resolve, which shall 
be carefully kept on file, and shall also record the same at 
large in the town Records. June 13, 1804. 

Chapter 12. 

RESOLVE GRANTING 300 DOLLARS TO CHARLES TURNER, JUN., 
FOR THE PURPOSES MENTIONED. 

Resolved that there be paid out of the treasury of this 
Commonwealth to Charles Turner Junr. Esqr. three hun- 
dred Dollars for the purpose of defraying the expenses of 
Locating & surveying a Township of Land for compensa- 
tion to Soldiers pursuant to a resolve passed the last ses- 
sion of the Legislature he to be accountable for the same. 

June 13, 1S04. 

Chapter 13. 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
LEGISLATURE. 

Resolved, That their 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 ^ 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 Setting of the 
General Court. 



Resolves, 1804. — May Session. 293 

A)id be it further Resolved — That there be paid to the 
Prcijident of the Senate, and Speaker of ye House of Rep- 
resentatives, each two dollars pr. day, for each and every 
day's attendanc, over and above their pay as Members. 

June 14, 1804. 

Chapter 14. 

RESOLVE ON THE PETITION OF ANN S. DAVIES, AUTHORIZING 
THE COMMITTEE FOR THE SALE OF EASTERN LANDS TO 
EXECUTE THE DEEDS MENTIONED. 

On the Petition of Ann S. Davies praying that the 
Agents of the Commonwealth for the Sale of Eastern lands 
may be authorized to give a deed to her and one Ezra 
Hounsfield of the Township of B. and the surplus, upon 
payment of the ballance due therefor, for reasons set forth 
in said Petition. 

Resolved, That the Committee for the Sale of Eastern 
Lands be and hereby are authorized and empowered to 
make execute and deliver sufficient deed or deeds of the 
Township B. and of its surplus, (heretofore contracted for 
by Samuel March & Ezra Houndsfield) to said Ann S. 
Davies Assignee of said March, & to said Houndsfield, 
upon receiving from said Davies and Houndsfield, the full 
ballance due on the contracts aforesaid, for said Lands — 
provided the sums of money due thejefor be paid into the 
Treasury of this Commonwealth within thirty days from 
the passing of this resolve. June 14, 1804. 

Chapter 15. 

RESOLVE ON THE PETITION OF JOHN GREENWOOD, SAMUEL 
PARIS, AND WILLIAM BARROWS, AGENTS FOR THE TOWN 
OF HEBRON, CONFIRMING CERTAIN DOINGS. 

On the petition of John Greenwood, Samuel Paris & 
William Barrows, Agents for the town of Hebron, repre- 
senting that for several years past, the Clerk & Assessors 
of said town, have not been annually sworn, upon their 
reelection into office, & requesting that this neglect may 
not be injurious to the proceedings of said Town of 
Hebron. 

Resolved that the past Records and doings of the Town 
Clerk and Assessors of the said Town of Hebron, be and 
hereby are confirmed, and made as good and valid in law, 



294 Resolves, 1804. — Mat Session. 

so far only as they wou'd have been, if said Town Clerk 
& Assessors had been annually sworn as the law directs, 
upon their reelection into OflSce — provided, that the said 
Officers, or so many of them as may be living, shall within 
three Months from the passing of this Resolve, severally 
make oath before a Justice of the Peace for the County of 
Cumberland, that they have respectively during all the 
time of their serving in said offices of Town Clerk and 
Assessors, performed their duty with fidelity according to 
their best Judgment — as the law directs — and that a Cer- 
tificate of said Oaths, shall be within the time aforesaid, 
recorded with the records of said Town. 

June 14, 1804. 

Chapter 16. 

RESOLVE ON THE PETITION OF WILLIAM ROTCH AND OTHERS, 
APPOINTING AN ADDITIONAL NOTARY PUBLIC FOR THE 
COUNTY OF BRISTOL, TO RESIDE IN THE TOWN OF NEW- 
BEDFORD. 

On the petition of William Rotch and others. 

Resolved, that an additional Notary Public be appointed 
for the County of Bristol to reside in the town of New 
Bedford. June 14, 1804. 

Chapter 17. 

RESOLVE ON THE PETITION OF THOMAS SEAL AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH ADVICE OF COUNCIL, 
TO RAISE A COMPANY OF LIGHT INFANTRY IN THE TOWN 
OF FALMOUTH. 

On the petition of Thomas Seal & others praying for 
leave to raise a light infantry Company in the Town of 
Falmouth County of Cumberland. 

Resolved — That the Governor, with the consent of the 
Council be, & is hereby, authorized, & empowered to raise 
by voluntary enlistment a Company of light Infantry in 
said Town of Falmouth out of the company in said Town, 
commanded, by captain Shadrack Chapman, by the name of 
the Stroudwater light infantry company. To be annexed, 
to the first Regement & Second Brigade in the Sixth Divi- 
sion of the Militia of the Comonwealth, and subject to such 
rules & regulations, as are or may be provided by law for 
the government of the Militia, of this Comonwealth. 

June 14, 1804. 



Resolves, 1804. — May Sessioi^-. 295 



Chapter 18. 

RESOLVE ON THE PETITION OF SAMUEL PARRIS, IN BEHALF 
OF THE TOWN OF HEBRON, DIRECTING THE TREASURER TO 
CREDIT SAID TOWN WITH AN OVERCHARGE. 

Whereas it appears by the Petition of Samuel Parris in 
behalf of the Town of Hebron in the County of Cumber- 
land, that by a resolve of the General Court of March 2d 
1803 there was deducted Six Cents from the last Valuation 
charged to said Town of Hebron and the same added to 
the Valuation of the Town of Minot. That in the last tax 
Act the Town of Hebron, are taxed the same sum as they 
were before the deduction aforesaid : 

Therefore Resolved that the Treasurer be and he is 
hereby directed to credit the said Town of Hebron the 
sum of Eight dollars which they are Over Charged in the 
last tax Act. June 14^ 1804. 

Chapter 19. 

RESOLVE ON THE PETITION OF BENJAMIN HALL AND OTHERS, 
A COMMITTEE OF THE MEDFORD TURNPIKE ROAD, AUTHOR- 
IZING THE GOVERNOR, WITH ADVICE OF THE COUNCIL, AT 
THE REQUEST OF SAID HALL AND OTHERS, TO APPOINT A 
COMMITTEE TO APPROVE ROAD WHEN COMPLETED. 

On the Petition of Benja. Hall & others, a Committee 
of the Medford Turnpike Road, praying that the Governor 
may be authorised to appoint a Committee to approve of 
said road when compleated. 

Resolved, For reasons set forth in said petition, that the 
Governor with the advice of the Counsel!, at the request 
of the said Benja. Hall & others, be, and he hereby is, 
authorised to appoint a Committee, to repair to, and view 
said road, at the expence of the petitioners, and if they 
approve the same, as being made conformable to the 
original Act of Incorporation, to make return thereof to 
the Clerk of the Court of General Sessions of the Peace 
for the County of Middlesex, to be by him recorded, any 
thing in the said Act of Incorporation, to the contrary not- 
withstanding. June 15, 1804. 



296 Resolves, 1804. — May Session. 



Chapter 30. 

RESOLVE ON THE PETITION OF NATHANIEL ELY, GRANTING 
TO THE COMMITTEE OF THE TRUSTEES OF THE HAMPSHIRE 
MISSIONARY SOCIETY, THREE HUNDRED DOLLARS, FOR THE 
SUPPORT OF TWO INDIAN BOYS. 

On the Petition of Nathaniel Ely. 

Resolved for reasons set forth in said Petition that there 
be paid out of the Treasury of sd. Commonwealth to the 
Committee of the Trustees of the Hampshire Missionary 
Society Three hundred Dollars for the purpose of Sup- 
porting & Educatiog two Indian Boys by the names of 
Lazau Williams, and John Surwettis Williams — Descend- 
ants of the Revd. John Williams formerly a Minister of 
[of] the Town of Dearfield in the County of Hampshire, 
sd. Committee to account for the Expenditure of the same. 

June 15, 1804. 

Chapter 31. 

RESOLVE PRESCRIBING THE MODE FOR THE CHOICE OF ELEC- 
TORS OF PRESIDENT AND VICE-PRESIDENT OF THE UNITED 
STATES. 

Resolved that the Selectmen of the several towns & Dis- 
tricts and the assessors of the unincorporated plantations 
in this Commonwealth, shall in manner as the law directs 
for calling town meetings, cause the Inhabitants thereof, 
duly qualified to vote for Representatives to the General 
Court, of this Commonwealth, to assemble on Monday the 
fifth day of November next, to give in their votes to the 
said Selectmen or assessors who shall preside at such meet- 
ings for nineteen Electors of President and Vice President 
of the United States, qualified according to the Constitu- 
tion thereof, whose names shall all be borne on one ticket, 
and such ticket shall contain the name of at least one 
Inhabitant of each District for choosing Representatives 
to the Congress of the United States, established by a law 
passed March 10th a.d. 1802. 

And it shall be the duty of said Selectmen and assessors 
or a major part of them to reject all such tickets offered to 
them as shall not contain the names of one Inhabitant at 
least of each of said Districts and in open town meeting 
to sort and count the votes and form a list of the names 
of the persons voted for, and of the number of votes for 



Kesolves, 1804. — May Session. 297 

each j3erson set against his name, and the town, District 
or plantation Clerk, shall make a fair record thereof, and 
said Selectmen or assessors shall make a public declaration 
of the names of the persons voted for, and of the number 
of votes, which they respectively may have, and shall seal 
up a Copy of the said list, certified by the said Selectmen 
or Assessors & Clerks respectively in open meeting & shall 
transmit the same to the Office of the Secretary of this 
Commonwealth, on or before the seventeenth day of said 
November, and on the nineteenth day of said November 
the General Court then in Session shall examine said lists 
& returns and determine and declare who may be elected 
by a majority of votes: And in case the full number of 
nineteen electors shall not appear to be chosen, the defi- 
ciences shall be supplied from the several Districts re- 
spectively, where they may happen or at large in case 
there shall be no deficiency in any one District, by joint 
ballot of the Senate and House of Representatives in the 
same manner, as vacancies in the Senate of this Common- 
wealth are by the Constitution thereof directed to be sup- 
plied. 

And be it further Resolved, that his Excellency the Gov- 
ernor, be and hereby is requested forthwith to transmit to 
each person so chosen an Elector, a certificate of said 
choice, and the said Electors, are hereby directed and re- 
quired to meet on the first Wednesday of December, next, 
at 10 o'clock in the forenoon, at the State House in Bos- 
ton, for the purpose of voting for President & Vice-Presi- 
dent of the United States according to the Constitution 
thereof and said Electors shall be allowed and paid the 
same compensation for their travel and attendance as 
members of the House of Representatives are allowed. 

And be it further Resolved, that if the Selectmen of any 
such town or District or the assessors of any such unin- 
corporated plantation shall neglect or refuse to call such 
meeting, and therein to perform all the duties required 
of them by this Resolve, or to transmit the list of Votes 
of said town District or plantation in manner as aforesaid, 
to the Office of the Secretary of this Commonwealth on or 
before the seventeenth day of November next, each of said 
Selectmen or assessors so neglecting, shall forfeit and pay 
the sum of thirty dollars to the use of the Commonwealth : 
provided that if the Selectmen or assessors of any town, 
District or plantation, shall transmit to the Sherifl' of the 



298 Resolves, 1804. — May Session. 

County in which such town, District or plantation shall 
be, the list of votes of such town, District or plantation 
on or before the ninth day of November next, they shall 
be excused from the penalty aforesaid. And it shall be 
the duty of the Sherifis of the several Counties in the Com- 
monwealth to transmit the votes by them respectively re- 
ceived from the selectmen or assessors as herein directed, 
to the Office of the Secretary of the Commonwealth on or 
before the seventeenth day of November next — and any 
Sheriff who shall neglect or refuse to return the list of 
Votes by him received as aforesaid, within the time afore- 
said or to perform any of the duties by this Resolve 
required of him shall forfeit & pay to the use of the Com- 
monwealth a sum not exceeding two thousand dollars nor 
less than five hundred Dollars for any such neglect, to be 
recovered by an action of Debt in the name of the Com- 
monwealth, and the said Sheriffs shall each be allowed and 
paid out of the Treasury of this Commonwealth the sum 
of twenty Cents p Mile, computing from the place of 
abode of each Sherifl'to the Secretary's Office, for trans- 
mitting said Votes. 

And be it fui'ther Resolved, that if it shall so happen by 
the death or resignation of any Elector a deficiency of the 
number of Electors to which this Commonwealth is entitled 
shall take place, such deficiency may be supplied by joint 
ballot of the Senate & House of Representatives any time 
within thirty four days next preceding the first Wednesday 
of December next. And the Secretary is hereby directed 
to transmit seasonably to the Sheriffs of the several Coun- 
ties in this Commonwealth, Copies of this Resolve, for the 
Selectmen of the several towns & Districts and assessors 
of the several plantations in such Counties respectively, 
to be by said Sheriffs transmitted to such Selectmen & 
Assessors accordingly. June 15, 1804. 

Chapter 33. 

RESOLVE ON THE PETITION OF JOSEPH WHITING, JUN., AND 
PAUL WHITING. 

On the Petition of Joseph Whiting Junr. and Paul 
Whiting. 

Resolved, For reasons set forth in said petition, that 
there be paid to the said Joseph Whiting, Junr. & Paul 
Whiting, out of the Treasury of this Commonwealth the 
sum of One Hundred Dollars, in full for the rent of said 
Dam and stream as aforesaid. June 16, 1804. 



Resolves, 1804. — Mat Session. 299 



Chapter 33. 

RESOLVE ON THE PETITION OF ABNER SAWYER, AUTHORIZING 
THE EXECUTORS OF BENJAMIN NASON TO EXECUTE A GOOD 
AND LAWFUL RELEASE OF THE SAW-MILL MENTIONED. 

On the Petition of Abner Sawyer, praying that the 
Executors of the will of Benjamin Nason, late of Bidde- 
ford in the County of York, may be empowered to make 
and execute a release of nine Days or nine twenty fourth 
parts of a certain saw mill and priviledge thereto belong- 
ing, situated on Dennetts falls, so called, lying in Pep- 
perelborough, in the County aforesaid, which said Abner 
Sawyer contracted with the said Nason for, in his life time 
and has since paid for, the same as from the certificate of 
the said Executors doth appear. Therefore, 

Resolved^ that the Executors to the Will of said Ben- 
jamin aforesaid, be and they are hereby impowered to 
make and execute a good and lawful release to Abner 
Sawyer, before mentioned of nine days or nine twenty 
fourth parts of the mill aforesaid and the priviledges 
thereto belonging. ' June 16, 1804. 

Chapter 25.* 

RESOLVE ON THE PETITION OF THE SELECTMEN OF CHESTER, 
APPOINTING A COMMITTEE TO EXPLORE AND LAY OUT A 
ROAD FROM NORWICH LINE ON AGAWAM RIVER, IN THE 
COUNTY OF HAMPSHIRE, TO BENJAMIN EASTMAN'S. 

On the Petition of the Selectmen of Chester, praying 
that a Committee may be appointed to explore & lay out 
a road from Norwich line, on Agawam River in the County 
of Hampshire, to Benjamin Eastman's. 

Resolved, for reasons set forth in said petition, that the 
prayer thereof be granted, & that Silvester Judd, Jonathan 
Smith Jr., and Edward Taylor Esquires, — be a Commit- 
tee for that purpose, vested with the same powers which 
Committees appointed by courts of General Sessions of 
the Peace are, by law, vested with, in similar cases ; the 
said Committee to be at the expense of the Petitioners, or 
of the County, as the Court of General Sessions of the 
Peace for said County may direct. June 18, 1804. 

* Chapter 24 is a message from the Governor relative to Nicks's Mate, and 
will be found among the messages. 



300 Kesolves, 1804. — May Session. 



Chapter 26. 

RESOLVE GRANTING ISAAC RAND 4359 DOLLARS 54 CENTS, BE- 
ING THE AMOUNT OF THE JUDGMENT FOR BOTH DAMAGES 
AND COSTS RENDERED AGAINST HIM IN FAVOR OF MONSIEUR 
LEPRILETTE. 

Upon the Petition of Ebenezer Oliver and Luke Baker, 
merchants, and Isaac Rand, Physician, all of Boston in the 
County of Suffolk, shewing that on the thirtieth day of 
November Anno Domini 1779, Caleb Davis, Ebenezer 
Wales & Richard Cranch Esqrs. a Committee appointed 
by the State of Massachusetts Bay, and by the authority 
of the same State, sold to Samuel Gardner Jarvis and his 
heirs and assigns, with a general warranty, a certain house 
and land, situate in Roxbury, of which it was then sup- 
posed that Benjamin Hallowell, a Conspirator, had been 
seized in fee simple, and who had forfeited the same to 
the said State ; that afterwards, on the thirteenth day of 
July A.D. 1780, the said Jarvis sold the same with gen- 
eral warranty to Peter Fabre his heirs and assigns ; that 
afterwards, on the thirty tirst day of October A.D. 1786, 
the said Fabre sold the same with warranty to the said 
Ebenezer Oliver his heirs and assigns ; that afterwards, 
on the tenth day of May 1787, the said Oliver sold the 
same, with general warranty, to the said Luke Baker his 
h[e]irs and assigns ; that afterwards, on the fifteenth day 
of September A.D. 1790, the said Baker sold the same, 
with general warranty, to the said Isaac Rand his heirs 
and assigns ; that afterwards, on the twenty eighth day 
of October A.D. 1791, the said Rand sold the same, with 
general warranty, to Lewis Leprilette his heirs and as- 
signs ; that afterwards, at a Circuit Court holden at Bos- 
ton on the twenty sixth day of October A.D. 1801, the 
said Leprilette was evicted of the premisses by the judg- 
ment of that Court rendered in favour of Ward Nicholas 
Boylston and others, children and heirs of Mary Hallo- 
well, wife of the same Benjamin Hallowell, the said Ben- 
jamin never having been seized of the premisses, but in 
right of the said Mary ; that the said Leprilette has since 
impleaded the said Rand for not warranting the premisses 
to him, of which the said Rand by his petition gave notice 
to the General Court of the Commonwealth, who ordered 
the Attorney General to defend said Rand in that suit ; 
that the suit has since been tried at the Supreme Judicial 



Resolves, 1804. — May Session. 301 

Court, holden at Boston in the County of Suffolk, on the 
third tuesday of March last, when the said Rand was 
defended by the Attorney General, and also by other 
Council he had engaged in his said cause, and upon a full 
investigation of the cause, it appeared to the Court, that 
the said Leprilette was rightfully evicted by the said 
Boylston and others, and judgment was rendered against 
the said Rand for not warranting the premisses to the said 
Leprilette in the sum of four thousand two hundred & fifty 
three dollars and seventy four cents, damages, and one 
hundred & five dollars and eighty cents, cost of suit : 
and, therefore, praying the General Court, to cause the 
execution on that judgment to be satisfied and the said 
Rand to be reimbursed his necessary expences in defend- 
ing himself in the same suit. 

Resolved that the Treasurer of this Commonwealth be, 
and he is hereby authorised & directed to pay and satisfy 
to the said Isaac Rand, out of any monies in the Treasury, 
not otherwise appropriated, the sum of Four thousand 
three hundred & fifty nine Dollars, & fifty four cents, be- 
ing the amount of the judgment for both damages & costs, 
rendered against the said Rand, in favour of the said 
Le Prilette, at the said Supr[e]me Judicial Court, together 
with Forty eight Dollars & fift}^ cents, being the amount 
of the cost of an execution, which hath been sued out 
thereon, and the Officers fees on the same ; And also one 
hundred Dollars more for the fees and expences of said 
Rand in the defence of the said suit, amounting in the 
whole to the sum of Four thousand five hundred & eio;ht 
Dollars & four cents. Provided the said Rand produce 
to the said Treasurer satisfactory evidence of his having 
paid the said execution, and Officers fees, and a receipt or 
certificate from the Attorney General that his fees for 
assisting in the defence of the said suit are paid and satis- 
fied by him the said Rand, and also give a discharge of 
all claims or demands, he has on the Commonwealth on 
account of the premises. June 18, 1804. 



302 Resolves, 1804. — May Session. 



Chapter 37. 

RESOLVE DIRECTING THE SECRETARY TO PROCURE ON THE 
MOST REASONABLE TERMS TEN THOUSAND PRINTED AND 
BOUND COPIES OF THE CONSTITUTIONS OF THE UNITED 
STATES AND OF THIS COMMONWEALTH, TOGETHER WITH 
THE DECLARATION OF INDEPENDENCE AND GENERAL WASH- 
INGTON'S FAREWELL ADDRESS, AND DISTRIBUTE SAME AS 
DIRECTED. 

Resolved, that the Secretary be, and he is hereby author- 
ized and required to procure on the most reasonable terms 
in his power, the printing, and binding in a plain and sub- 
stantial manner, Ten Thousand Copies of the Constitution 
of the United States and of this Commonwealth, together 
with the declaration of Independence, and General Wash- 
ington's farewell address, and that the expence of procuring 
said Books be paid out of the Treasury of this Common- 
wealth, and His Excellency the Governor, is requested to 
draw his warrant on the Treasury for that purpose. 

And be it further Resolved, that said books when thus 
procured, be distributed, in such manner as the Legislature 
may hereafter direct, among the several Towns and plan- 
tations, in proportion to the number of the Inhabitants in 
each Town & plantation in the Commonwealth. 

And he it further Resolved, that it be, and it is hereby 
recommended to the Inhabitants of the said Town and 
plantations to cause the said Books to be read, as a School 
Book, in all the Common Schools within their respective 
Towns & plantations. June 18, 1804. 



Chapter 38. 

RESOLVE CONFIRMING TRANSFER OF A CERTAIN TRACT OF 
LAND FORMERLY GRANTED TO ROBERT MORRIS BY THIS 
COMMONWEALTH, SITUATE IN THE COUNTY OF GENESEE, 
IN THE STATE OF NEW YORK. 

Whereas a Treaty was held on the thirtieth day of June 
in the year of our Lord one thousand eight hundred & two, 
under the authority of the United States, with the Seneca 
Nation of Indians, at Bufialoe Creek in the County of 
Ontario now County of Genesee in the State of New York, 
and at the said Treaty, in the presence and with the approba- 
tion of John Taylor Esquire, a Commissioner of the United 
States, appointed to hold the same, an Indenture or agree- 



Resolves, 1804. — May Session. 303 

ment was entered into, between the said Nation of Indians, 
and Williem Willinke, Pieter Van Eeghen, Hendricke 
Vollenhoven, Wilhem Willinke the younger, John Willinke 
the younger (son of Jan ) Jan Gabriel Van Staphorst, Roelof 
Van Staphorst the younger, Cornelis Vollenhoven and Hen- 
drike Seye, by Joseph EUicot their Attorney ; whereby the 
said nation of Indians did exchange, cede and quit-claim 
unto the said Wilhem Willinke, Pieter Van Eeghen, Hen- 
drike Vollenhoven, Wilhem Willinke the younger, John 
Willinke the younger (son of Jan) Jan Gabriel Van 
Staphorst, Roelof Van Staphorst the younger, Cornelis 
Vollenhoven and Hendrike Seye, their heirs and assigns, 
all those several tracts of land, situate in the said County 
of Genesee and State of New York, "beginning at the 
mouth of the eighteen mile or Kogh-Quaw-gu Creek, thence 
a line or lines to be drawn parallel to lake Erie, at the dis- 
tance of one mile from the Lake, to the mouth of Cataraugos 
Creek, thence a line or lines extending twelve miles up the 
north side of said Creek, at the distance of one mile there- 
from, thence a direct line to said Creek, thence down the 
said Creek to Lake Erie, thence along the Lake to the first 
mentioned Creek and thence to the place of beginning" — 
"Also one other piece at Cataraugos, beginning at the 
shore of Lake Erie, on the South side of Cataraugos Creek, 
at the distance of one mile from the mouth thereof, thence 
running one mile from the Lake, thence on a line parallel 
thereto to a point within one mile from the Con-non-dau- 
we-gea Creek, thence up the said Creek one mile, on a 
line parallel thereto, thence on a direct line to the said 
Creek, thence down the same to Lake Erie, thence along 
the Lake to the place of beginning." And, in considera- 
tion thereof, the said W^ilhem Willinke, Pieter Van Eeghen, 
Hendrike Vollenhoven, Wilhem Willinke the younger, 
John Willinke the younger (son of Jan) Jan Gabriel Van 
Staphorst, Roelof Van Staphorst the younger, Cornelis 
Vollenhoven and Hendrike Seye did, by their said Attor- 
ney, exchange, cede, release and quit-claim to the said 
nation of Indians (reserving to themselves the right of 
pre-emption) all that certain tract of land situate as afore- 
said, beginning at a Post marked No. standing on the 
bank of Lake Erie, at the mouth of Cataraugos Creek, and 
on the north bank thereof, thence along the shore of the 
said Lake, N. 11^ E. 21 chains, N. 13° E. 45 chains, N. 
19° E. 14 chains 65 links to a Post ; thence East one hun- 



304 Resolves, 1804. — May Session. 

dred & nineteen chains to a Post ; thence South fourteen 
chains twenty seven links to a Post ; thence East six hun- 
dred & forty Chains to a Post standing on the meridian 
between the 8th and 9th Ranges ; thence along said merid- 
ian South six hundred & seventeen chains seventy five 
links, to a Post standing on the south bank of Cataraugos 
Creek ; thence West one hundred & sixty chains to a Post ; 
thence North two hundred & ninety chains twenty five 
links to a Post ; thence West four hundred & eighty two 
chains thirty one links to a Post ; thence North two hun- 
dred & nineteen chains, fifty links to a Post standing on 
the north bank of the Cataraugos Creek ; thence down the 
same, and along the several meanders thereof, to the place 
of beginning ; " which several tracts are part of the land, 
the right of Pre-emption whereof was heretofore ceded by 
the State of New York to this Commonwealth, and by 
this Commonwealth afterwards granted to Robert Morris 
his heirs and assigns, of which said Robert Morris the said 
Wilhem Willinke & others are the grantees or assigns ; & 
the said Indenture or agreement having, on the twelfth day 
of January, in the year of our Lord one thousand eight 
hundred & three, been duly accepted, ratified and con- 
firmed by the President of the United States, by and 
with the advice and consent of the Senate thereof: 

Resolved, that the same be, and hereby is, confirmed 
on the part of this Commonwealth. June 19, 1804. 



Chapter 39. 

RESOLVE ON THE PETITION OF WALTER FOBES, MOSES HER- 
RICK, AND LEVI DEWEY, DISCHARGING THEM FROM CER- 
TAIN JUDGMENTS AND RECOGNIZANCES. 

On the Petition of Walter Fobes Moses Herrick, & 
Levi Dewey, praying to be releived from certain recog- 
nizances by them severally entered into, for the appearance 
of Samuel Stiles. 

Resolved for the reasons set forth in said Petition, that 
upon the said Petitioners paying all costs that have already 
arisen in such suits as have been commenced on said Recog- 
nizances, or on the executions which may have issued on 
the judgments recovered thereon, they shall be discharged 



from said Judgments and Recognizances. 



June 20, 1804. 



Resolves, 1804. — May Sessioi^^. 305 



Chapter 30. 

RESOLVE ON THE PETITION OF HENDERSON INCHES, PER- 
MITTING HIM TO EXTEND RUSSELL'S WHARF. 

On the petition of Henderson Inches praying that he 
may have liberty to extend the end of a Wharf, lying at 
the Southeasterly part of the town of Boston called Rus- 
sells Wharf. 

Resolved For reasons set forth in said petition, That 
said Henderson Inches be & he is hereby authorized & 
permitted to place a stone head, to extend eight feet in 
thickness from the Easterly corner of said Wharf & in- 
creasing in thickness until 1 it extends twelve feet at the 
Southerly Corner of said Wharf. June 20, 1804. 

Chapter 31. 

RESOLVE ON THE PETITION OF EUNICE PEIRCE AND JOHN 

PEIRCE, 

On the petition of Eunice Pierce, & John Pierce, 
administrators on the estate of Ebenezer Pierce, late of 
Partridgefield, deceased. 

Resolved that the prayer of the said petition be so far 
granted that the said Eunice and John as administrators 
on the estate of Ebenezer Pierce, late of Partridgefield in 
the County of Berkshire Esq. deceased, be and they are 
hereby empowered, to make & execute a good and suflB- 
cient deed of conveyance to Eleazar Blackman of the four 
acres of land, being a part of lot No. 70 — described in 
their said petition, which Deed being duly executed & 
acknowledged, shall be as good and valid in Law as though 
it had been executed by the said Ebenezer Pierce in his 
life time. June 20, 1804. 

Chapter 33. 

RESOLVE ON THE PETITION OF EUNICE JAMES. 

Resolve on the petition of Eunice James, administratrix, 
praying for authority to execute a deed according to the 
Contract of her late husband. 

Resolved That Eunice James administratrix of the estate 
of Benjamin James late of Boston in the county of Suffolk 
brewer deceased intestate, for the reasons set forth in her 



306 Resolves, 1804. — May Session. 

said petition, be and She hereby is authorized to execute & 
deliver a conveyance to William Green and Thomas Binford 
their heirs an[<i] assigns, of the Title which said Intestate 
had in the Land described in said petition at his decease, 
in like manner and to the same legal effect as he could have 
done had he lived to comply with his said contract. 

June 20, 1804. 

Chapter 33. 

RESOLVE GRANTING JACOB KUHN 200 DOLLARS. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth to Jacob Kuhn, two hun- 
dred Dollars, for the present year ; commencing the thir- 
tieth day of May last, to be in addition to the sum allowed 
him by a resolve of March 26, 1793, establishing the pay 
of the Messenger of the General Court. June 20, 1804. 

Chapter 34. 

RESOLVE ESTABLISHING THE SALARIES OF LIEUTENANT-GOV- 
ERNOR, SECRETARY, AND TREASURER, FOR ONE YEAR. 

Resolved that for one year from the last day of May 
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 John Avery Esqr. Secretary One 
thousand and forty six Dollars and twenty one Cents, 
which with four hundred fifty three Dollars & seventy 
nine Cents he has received in fees before the 31st day of 
May last, shall be in full for his services as Secretary of 
this Commonwealth for one year from the first day of June 
current, being at the rate of fifteen hundred Dollars by the 
year — to be paid in quarterly payments. 

That from the second day of June instant, there be 
allowed and paid out of the public Treasury the sum of 
fifteen hundred Dollars to the Treasurer & Receiver Gen- 
eral of this Commonwealth, for his pay in that Office for 
one year — to be paid in quarterly payments. 

June 20, 1804. 



Eesolves, 1804. — May Session. 307 



Chapter 35. 

RESOLVE ON THE PETITION OF EDWARD FULLER. 

On the petition of Edward Fuller, praying to be allowed 
for his Expences in prosecuting Silas Livermore, for utter- 
ing and publishing forged Bank Notes, of a Bank in the 
State of New hampshire, of which offence he was convicted, 
as set forth in the petition — and as it appears this Case 
was attended with extraordinary circumstances from whence 
the said Expences arose, therefore, 

Resolved, that there be allowed and paid out of the 
Treasury of this Common wealth to Edward Fuller the 
sum of Forty nine Dollars, to be in full of all the Expences 
he has been at in prosecuting Silas Livermore for uttering 
& publishing forged Bank Bills within the town of Boston, 
of which offence said Livermore was convicted. 

June 20, 1804. 

Chapter 36. 

RESOLVE ON THE PETITION OF SETH HARDEN. 

On the petition of Seth Harden of Abington praying for 
an allowance, for a wound he Receiv'd in a militia Com- 
pany, at a muster of sd. Company on the 3d Day of May 
1803 — by the Discharge of a tire arm by a Soldier in Said 
Company. 

Resolved, — that there be allow'd and paid out of the 
Treasury of this Commonwealth — to the said Seth Har- 
den — the Sum of forty Dollars — for the injury Sustained 
as aforesaid. June 20, 1804. 

Chapter 37. 

RESOLVE ON THE PETITION OF WALTER FROST AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH ADVICE OF THE COUN- 
CIL, TO FORM A COMPANY OF LIGHT-INFANTRY IN THE 
TOWN OF CAMBRIDGE. 

On the Petition of Walter Frost & others, praying for 
the Establishment of a light Infantry Company, to be 
raised in the Town of Cambridge, and annexed to the 1st 
Regt. 1st Brigade, & 3d Division of the Militia of this 
Commonwealth. 

Resolved That the Governor, with the advice of Coun- 
cil, be, and he hereby is authorized, to form a Company 



308 Resolves, 1804. — May Session. 

of light Infantry to be inlisted in the Town of Cambridge, 
pr'ovided, the standing Companies in said Town, shall not, 
be reduced below the Number of Sixty four rank & file. 

And whereas it appears, after this Company shall have 
been formed, there will be within the limits of the 1st 
Regt. 1 Brigade, & 3d Division Sixteen Companies of 
Infantry, which are a sufficient Number for four Battallions : 

Therefore be it further resolved, That the Governor with 
the advice of Council, be & he hereby is authorized, to 
form the said Regt. into four Battallions, to be commanded 
by a Lieut. Colo. Comdr. & four Majors. 

June 20, 1804. 

Chapter 38. 

RESOLVE ACCEPTING. REPORT OF COMMITTEE TO EXAMINE 
AND ADJUST TREASURER'S ACCOUNTS. 

Resolved, that the Report dated the twenty fifth of May 
one thousand eight hundred and four, made by Peleg Coffin 
and John Coffin Jones Esqrs., a Committee appointed by 
a Resolve of Court, of the sixth of March one thousand 
eight hundred and four, to examine and adjust the accounts 
of Jonathan Jackson Esqr., Treasurer of the Common 
wealth, from the fourth day of June one thousand eight 
hundred and two, to the thirtieth day of June one thousand 
eight hundred and three, be and hereby is accepted — and 
the Secretary is hereby directed, to keep in his Office the 
said Report, with the accounts settled with former Treas- 
urers. June 20, 1804. 

Chapter 39. 

RESOLVE FOR PROPOSING AN AMENDMENT TO THE CONSTI- 
TUTION OF THE UNITED STATES RESPECTING AN EQUAL 
REPRESENTATION IN CONGRESS. 

Whereas by the Constitution of the United States, it is 
provided that Representatives, shall be apportioned among 
the several states, according to their respective numbers, 
which shall be determined, by adding to the whole num- 
ber of free persons, including those bound to service for 
a term of years, and excluding Indians not taxed, three 
fifths of all other persons ; and further, that for the choice 
of the President and Vice President of the United States, 
each State shall appoint a number of Electors, equal to the 



Resolves, 180i. — May Session. 309 

whole number of Senators and Representatives, to which 
the State may be entitled in the Congress. 

And Whereas the said provisions were so manifestly un- 
equal, at the time the Constitution was formed, that they 
could have resulted only from the spirit of conciliation 
and compromise, which influenced the Eastern States : 
because in consequence thereof, a representation of the 
States is produced, unjust and injurious in its operation, 
both as it regards the number of free Inhabitants in the 
several States, and their property, as in a State where the 
slavery of man is established by Law, the Slaves have no 
voice in the elections, — but a planter possessing fifty 
slaves, may be considered as having thirty votes, while a 
farmer of Massachusetts, having equal, or greater prop- 
erty, is confined to a single vote : 

And Whereas the efl'ect of these provisions, has been 
rendered more unequal and injurious, by the course of 
events, since the Constitution was established, by an 
augmentation of the number of Slaves, in the Southern 
States, and also by an increase of personal property in 
the Eastern States, arising from the commercial spirit of 
the Inhabitants : 

And Whereas the said provisions have been rendered 
more injurious, by important political changes, introduced 
during the present administration, in the purchase of 
Louisiana, an extensive Country, which will require great 
numbers of slaves for its cultivation, and when admitted 
into the Union, agreably to the cession, will contribute by 
the number of its Slaves, to destroy the real influence of 
the Eastern States in the National Government ; and also 
in the original mode of electing the President of the United 
States, whereby in the appointment of that important 
Magistrate, the right of the small States, (among which 
are most of the Eastern States,) where there are few or 
no Slaves, is greatly diminished : 

And Whereas the apportionment of the direct taxes, the 
only compensation, proposed by the Constitution, to the 
States not holding Slaves, for the aforesaid unequal prin- 
ciple in representation, is now merely nominal, as the 
National revenues are principally derived from commercial 
Imposts, the present administration having repealed the 
excise Laws, which operated in some measure by a Tax, on 
Luxuries, to equalize among the several States, the Con- 
tributions, to the public burthens, and having also recently 



310 Resolves, 1804. — Mat Session. 

assessed additional millions on commerce, of which the 
Eastern States, must pay much more than their due pro- 
portion, so that instead of contributing, less than their 
proportionate share of public expence, as was contemplated 
by the Constitution, as a counterpart to unequal repre- 
sentation, they contribute more : 

And Whereas a union of the States, a measure so im- 
portant in its consequences cannot harmoniously exist, for 
a long period, unless it be founded on principles which 
shall secure to all free citizens, equal political rights and 
privileges in the Government, so that a minority of free 
Citizens may not govern a majority, an event, which on the 
principles of representation now established, has already 
happened, and may always happen : 

Therefore to preserve the Union of the States, upon 
sound and just principles, and to establish a foundation for 
general harmony and confidence among all the Citizens 
of the United States, b}^ securing to them now, and at all 
future periods, equal political rights & privileges : 

Resolved that the Senators of this Commonwealth, in the 
Congress of the United States be, and they are hereby in- 
structed, to take all proper and legal measures, to obtain 
an amendment of the Constitution of the United States, 
so that the Representatives be apportioned among the sev- 
eral States, according to the numbers of their free inhabi- 
tants respectively, and for this purpose, that they endeavour 
to obtain, a Resolution of two thirds of both Houses of 
Congress, proposing such amendment, to the Legislatures 
of the several States in the Union. 

And be it further Resolved that his Excellency the Gov- 
ernor be requested to transmit to each of the said Senators 
an attested copy of this Resolution. 

And be it further Resolved^ that his Excellency the 
Governor be requested to inform the chief magistrates of 
the several States, of the doings of the Legislature of this 
Commonwealth, and request them to adopt the same meas- 
ures. June 20, 1804. 

Chapter 40. 

RESOLVE FOR CONTINUING THE RESOLVES OF MARCH 5, AND 
JUNE 19, 1801, RESPECTING SOLDIERS OF THE LATE CONTI- 
NENTAL ARMY, TO MARCH 5, 1805. 

Whereas by a resolve of the 5th of March 1801, there 
were granted two hundred acres of land each for certain 



Resolves, 1804. — May Session. 311 

persons therein described, or twenty dollars in lieu thereof; 
Provided said persons should make application for the same 
within three years from the date of said resolve — And 
whereas another resolve passed the Legislature on the 19th 
day of June 1801, for the purpose of carrying the aforesd. 
resolve into eflect : 

Notwithstanding which it appears that a number of per- 
sons intended in and by the resolves aforesaid, have not 
had the benefit to which they were entitled, and the time 
has elapsed for applying and proving their claims — And 
whereas the Legislature by a resolve of March 9th 1804, 
intended to revive the aforesd. resolves of March 5th and 
June 19th and continue the same in force until the 5th day 
of March 1805, and it appears upon examination, that the 
resolve last mentioned is inexplicit and its meaning in a 
degree doubtful — Therefore, 

Resolved that the aforesaid resolves of March 5th and 
June 19th 1801, be and the same are hereby revived and 
continued in full force until the 5th day of March 1805, 
in the same manner as though they had not been limited 
to a shorter period. June 21, 1804. 

Chapter 41. 

RESOLVE ON THE PETITION OF ISAAC DAVENPORT, OF MILTON, 
IN THE COUNTY OF NORFOLK. 

On the petition of Isaac Davenport of Milton in the 
County of Norfolk Merchant & administrator of the goods 
& chattels rights & credits of Robert Vose — late of Cam- 
bridge in the county of Middlesex Merchant deceased 
praying, that he may be authorized & empowered to join 
with Royal Makepeace of said Cambridge Merchant with 
whom the said Robert Vose transacted business under the 
firm of Vose & Makepeace, agreeably to contracts jointly 
made by the said Vose & Makepeace, in making & execut- 
ing a ofood & sufiicient deed to Thomas Mason of Cam- 
bridge Housewright of a certain peice of Land situate in 
said Cambridge being the Easterly half of Lot No. 31 on 
a plan made by order of Samuel Bradford Marshall & by 
him sold to the said Vose & Makepeace bounded & Meas- 
uring Westerly One hundred & Eighty two feet on land 
sold by said Vose & Makepeace to William Leathe jr. 
Southerly fifty feet on a back Street forty feet wide, East- 
erly One hundred & eighty two feet on land of said Vose 



312 Resolves, 1804. — May Session. 

& Makepeace & Northerly fifty feet on the causeway of 
West Boston bridge ; & also that he the said Davenport 
may be authorized to join with the said Makepeace in 
making & executing a good & sufficient deed, agreeably 
to the contracts of the said Vose & Makepeace, to Josiah 
Oaks of said Cambridge housewright of a certain peice of 
land situate in said Cambridge being the Easterly part of 
Lot No. 26 as laid down on a plan made by order of Samuel 
Bradford Marshall & by him sold to the said Vose & Make- 
peace bounded & measuring Forty feet on the Street lead- 
ing to Boston & running One hundred & Eighty two feet 
South to a back Street continuing the same width thro' on 
his fulfilling & paying the consideration expressed in said 
contract ; & also that he the said Davenport may be author- 
ized to join with the said Makepeace in making & execut- 
ing according to the joint contract of the said Vose & 
Makepeace a good & sufficient deed of a certain peice of 
land situated in said Cambridge being the Easterly half 
of Lot No. 30 on a plan made by order of Samuel Brad- 
ford Esqr. Marshall and by him sold to the said Vose & 
Makepeace bounded & Measuring fifty feet on the Street 
leading to Boston & running back one hundred & eighty 
two feet to another Street, to Benjamin Goodwin & Elijah 
Nevers both of Boston in the county of Suffolk Masons on 
their fulfilling & paying the consideration mentioned in said 
Contract, & also that he the said Davenport may be author- 
ized to join with the said Makepeace in making & execut- 
ing according to the joint contract of the said Vose & 
Makepeace a good & sufficient deed of a certain peice of 
land situate in said Cambridge being the Westerly half of 
Lot No. 31 on a plan made by order of Samuel Bradford 
Esqr. Marshall & by him sold to said Vose & Makepeace 
bounded & measuring Westerly one hundred & eighty two 
feet on land of said Vose & Makepeace, Southerly fifty feet 
on a back street, Easterly one hundred & eighty two feet 
on land sold by said Vose & Makepeace to Thomas Mason 
& Northerly fifty feet on the causeway leading to Boston, 
to William Leathe jr. of said Cambridge Baker on his ful- 
filling & paying the consideration expressed in said con- 
tract, on all which contracts the consideration has been in 
part performed. 

Resolved, That the said Isaac Davenport be & hereby 
is authorized & empowered to join with the said Royal 
Makepeace in making & executing good & sufficient deeds 



Resolves, 1804. — Mat Session. 313 

to the said Thomas Mason, Josiah Oaks, Benjamin Good- 
win, Elijah Nevers & William Leathe agreeably to the 
contracts made with them by the said Vose & Makepeace 
& of the land therein described & that all money received 
by the said Isaac Davenport on the said contracts shall be 
assets in his hands to be accounted for according to law. 

June 21, 1804. 



Chapter 43. 

RESOLVE ON THE PETITION OF PHINEHAS PARSONS, AUTHOR- 
IZING HIM TO SUE OUT A WRIT OF REVIEW ON THE ACTION 
MENTIONED. 

On the Petition of Phinehas Parsons of Northampton in 
the County of Hampshire yeoman, praying for liberty to 
review a certain action of Entry upon Disseisin commenced 
against him by Asa Spalding of Worthington in said County 
of Hampshire gentn. , in which action, at the Supreme Judi- 
cial Court holden at said Northampton on the third Tuesday 
of September in the year of our Lord eighteen Hundred, 
Judgment was rendered in favour of said Asa to recover 
seisin & possession of the demanded premises & costs of 
suit. 

Resolved for reasons set forth in said Petition, That the 
said Phinehas Parsons be, and he is hereby authorized to 
sue out his writ of review on the action aforesaid, & the 
same, after being duly served at the Supreme Judicial 
Court next to be holden at Northampton within and for 
said County of Hampshire in September next, to enter & 
prosecute to final Judgment and execution — And the said 
Supreme Judicial Court are hereby authorized to take 
cognizance of the same, and the said Judgment to reverse 
or affirm, and proceed therein, in the same manner in all 
respects, as if the cause aforesaid had been brought before 
said Court by writ of review sued out within three years 
from the time of renderino^ said Judgment — he the said 
Phinehas filing in said Court an attested copy of the said 
Judgment and of all the papers in the said cause. 

June 21, 1804. 



314 Resolves, 1804. — May Session. 



Chapter 43. 

RESOLVE ON THE PETITION OF MARTHA WESTON, OF PLYM- 
OUTH, RELEASING ISAAC C. WESTON FROM A RECOGNI- 
ZANCE, 

On the petition of Martha Weston of Plymouth in the 
County of Plymouth, Widow praying, that lier Son Isaac 
C. Weston, resideing at Portland in the County of Cum- 
berland a Minor, may be discharged from a forfeiture of 
a recognizance as a witness against one N. French, upon 
which he was defaulted at the Supreme Judicial Court 
holden at Portland within & for the County of Cumber- 
land on the third tuesday of September last past. 

Resolved, for reasons set forth in said petition That the 
prayer thereof be granted & that the said Isaac C. Weston 
be & he hereby is released from his sd. recognizance he 
paying all costs. June 21, 1804. 

Chapter 44. 

RESOLVE ESTABLISHING THE PAY OF THE CLERKS IN THE 
SECRETARY'S AND TREASURER'S OFFICES, FOR ONE YEAR. 

On the petition of Edward McLane, first Clerk in the 
Secretary's Office, stating that the Resolve providing for 
the pay of the Clerks in the Secretary's & Treasurer's 
Offices has expired, and praying that a new resolution 
may be passed more liberal in allowance. 

Resolved ioY reasons set forth in said petition, that there 
be allowed and paid out of the public Treasury, to Edward 
McLane, and to Edward Cazeneau, Clerks in the Secre- 
tary's Office, three Dollars per day, and Samuel Cazeneau, 
a Clerk in the same office, two dollars & fifty cents per 
day ; and to Joseph Laughton and James Foster Clerks 
in the Treasury Office, three dollars per day, during the 
time they have been, or may be, actually employed in 
said service, from the first day of June present, to the 
first day of June next. June 22, 1804. 

Chapter 45. 

RESOLVE MAKING AN ESTABLISHMENT FOR WILLIAM GALE, 
MESSENGER TO THE GOVERNOR AND COUNCIL. 

On the petition of William Gale, praying an additional 
compensation for services. 



Resolves, 1804. — Mat Session. 315 

Resolved, for reasons set forth in said petition, that the 
sum of fifty dollars be allowed and paid out of the Treas- 
ury of this Commonwealth to William Gale in addition to 
the sums heretofore allowed him for services as Messinger 
to His Excellency the Governor and the Honorable Coun- 
cil ; and also for his services as attendant in the office of 
the Secretary of State. 

Resolvfd further , that from and after the thirty fiirst day 
of May last past, the compensation of the said Gale for the 
services, which may be by him rendered in the employ- 
ments aforesaid, shall be two dollars per day — And his 
Excellency the Governor is requested to draw his war- 
rants pursuant to this Resolve. June 22, 1804. 

Chapter 46. 

RESOLVE ALLOWING THE COUNTY TREASURERS' ACCOUNTS FOR 
THE COUNTIES OF BRISTOL, MIDDLESEX, AND PLYMOUTH. 

Whereas the [the] Treasurers of the following Counties 
have laid their Accounts before the General Court for exam- 
ination, which accounts have been examined and Allowed ; 
and whereas the Clerks of the Courts of General Sessions 
of the Peace for the said Counties, have exhibited esti- 
mates, made by the said 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 contained in the following 
schedule, be, and the same is hereby granted, as a Tax 
for each County respectively, to be Appropriated Assessed, 
paid, collected, and applied, for the puri)oses aforesaid 
according to Law. 

Middlesex Six thousand eight hundred dollars. 

Plymouth one thousand two hundred dollars. 

Bristol one thousand two hundred fifty dollars. 

June 22, 1804. 

Chapter 47. 

RESOLVE MAKING ALLOWANCE OF 700 DOLLARS TO JACOB KUHN. 

Resolved, that there be allowed and paid out of the 
treasury of this Commonwealth, to Jacob Kuhn, mes- 
senger 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 accountable for the expenditure of the same. 

June 23, 1804. 



316 Resolves, 1804. — May Session. 



Chapter 48. 

RESOLVE ON THE APPLICATION OF THE TOWN OF MOUNT 
WASHINGTON, EXEMPTING THEM FROM PROCURING BEAMS, 
WEIGHTS, AND MEASURES. 

Upon the application of the Town of Mount Washington, 
in the County of Berkshire stating that the peculiar situa- 
tion thereof renders it at present inexpedient & unnecessary 
that sd. Town should be obliged to procure the Beams, 
Weights & Measures required by the laws of this Com- 
monwealth. 

Resolved, That The said Town of Mount Washington 
shall be, & hereby is exempted & excused from purchas- 
ing & procuring said Beams, Weights & Measures ; & the 
inhabitants of sd. Town are hereby authorized & required 
to procure their Beams, Weights & Measures to be sealed 
in the Town of Sheffield in sd. County, in the same man- 
ner, & under the same regulations, as the same might & 
ought to have been done in the sd. Town of Mount Wash- 
ington before the passing of this Resolve — any law or 
resolve to the contrary notwithstanding. 

June 23, 1804. 

Chapter 49. 

RESOLVE GRANTING 3000 DOLLARS FOR SECURING THE PRES- 
ERVATION OF THE ISLAND CALLED NICKS'S MATE, IN BOS- 
TON HARBOUR. 

Whereas the Island called Nicks's Mate, in the harbour 
of Boston, is likely to be washed away in the course of 
the present season, and being an essential land mark for 
direction of Vessels coming in and going out of the harbour 
of Boston — it is necessary the remains of said Island should 
be secured the present summer : Therefore, 

Resolved, that there be allowed and paid out of the 
Treasury of this Common wealth, a sum not exceeding 
three thousand Dollars to the Treasurer of the Marine 
Society in Boston he to be accountable for the same — to 
be appropriated under the direction of such Superintendant 
as his Excellency the Governor with the advice of Council 
may appoint — and said Superintendant when so appointed, 
is hereby authorized to contract for the building a sufficient 
and permanent Stone Wall on said Island called Nicks Mate 
in the harbor of Boston, so as to secure and preserve the 



Resolves, 1804. — May Session. 317 

remainder thereof, from being wash'd away by the Sea — 
And after the work aforesaid, is completed, his Excellency 
the Governor is hereby requested, to transmit the Accounts 
of the Cost of securing said Island, as aforesaid, to the 
Representatives of this Common wealth in Congress, to be 
laid before that body, for their allowance and payment. 

June 23, 1804. 

Chapter 50. 

RESOLVE GRANTING MONEY TO THE QUARTER MASTER GEN- 
ERAL FOR CERTAIN PURPOSES. 

Resolved that there be allowed and paid out of the Treas- 
ury of this Commonwealth, to Amasa Davis, Quarter Master 
General the several sums hereafter mentioned & for the 
purposes herein directed, the Quarter Master to be account- 
able for the same, for which His Excellency the Governor 
is requested to issue his warrants on the Treasury vizt. 
For the repair of nineteen Gun Houses in various parts 
of the Commonwealth Eight Hundred Dollars ; also One 
Hundred Dollars for the repair of the Powder Magazine 
in Charlestovvn ; Also three Hundred Dollars for the pur- 
pose of building a new Boat, for the use of Hospital Island. 

And be it further resolved^ that the Quarter Master be 
authorized to dispose of the Schooner Hancock now used 
as a boat at said Island & appropriate the proceeds to the 
building of the new Boat for the use thereof. 

And be it further Resolved, that in cases of a deficiency 
of Standards the said Quarter Master General be author- 
ized to furnish at his discretion those Battalions and Com- 
panies of Artillery or Cavalry, so circumstanced whenever 
the Brigadier General of any Brigade shall certify that the 
said deficiency does not arise from neglect : provided never- 
theless that they do not exceed the expence of fifteen dol- 
lars each. 

And be it further Resolved, that the Quarter Master 
General be authorised to procure two pair of Brass field 
pieces with their necessary apparatus in order to supply 
the deficiency now existing. June 23, 1804. 



318 Resolves, 1804. — Mat Session. 



Chapter 51. 

RESOLVE GRANTING EXTRA PAY TO 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 and pass on accounts, 
presented against the State, for their attendance, on that 
service, during the present session, the sums annexed to 
their names respectively, in addition to their pay as mem- 
bers of the Legislature, viz. To the hon. Isaac Thompson 
for sixteen days attendance, at sixty cents ^ day nine Dol- 
lars sixty cents. To the hon. Tho. Hale for seventeen 
days attendance ten Dollars twenty cents — to Bezaleel 
Taft Esq., for seventeen Days attendance ten Dollars 
twenty cents. To Stephen Monro Esq. for fourteen days 
attendance eight Dollars forty cents. To Joseph Titcomb 
Esq., for seventeen days attendance ten Dollars twenty 
cents, which sums shall be in full for their respective ser- 
vices aforesaid. June 23, 1804. 

Chapter 53. 

RESOLVE GRANTING 100 DOLLARS TO THOMAS WALLCDT. 

Resolved that there be allowed & paid out of the Public 
Treasury, to Thomas Wallcut for his services as a writer 
for Members of the General Court, One hundred Dollars 
he to be accountable for the said sum. June 23, 1804. 

Chapter 53. 

RESOLVE FOR PAYMENT OF THE CLERKS OF THE SENATE AND 
HOUSE OF REPRESENTATIVES. 

Resolved that there be allowed and paid out of the Public 
Treasury to Wendell Davis Esqr. Clerk of the Senate one 
hundred & fifty dollars, and to Nicholas Tillinghast Esqr. 
Clerk of the House of Representatives one Hundred & 
fifty dollars, on account of their Services as Clerks afore- 
said, for the present year, they to be accountable for the 
Same respectively. June 23, 1804. 



Resolves, 1804. — Mat Session. 319 



Chapter 54. 

RESOLVE FOR PAYMENT OF THE ASSISTANT CLERK OF THE 

SENATE. 

Resolved that there be allowed and paid out of the pub- 
lic Treasury, to Samuel F. McCleary, assistant Clerk of 
the Senate, one hundred Dollars on account of his services 
as Clerk as aforesaid, for the present year, he to be account- 
able for the same. June 23, 1804. 

Chapter 55. 

RESOLVE GRANTING PARK HOLLAND, LATE AGENT IN BEHALF 
OF THE COMMONWEALTH, 35 DOLLARS, 17 CENTS, FOR SER- 
VICES PERFORMED BY HIM. 

Oh the Memorial of Park Holland, late agent in behalf 
of the Commonwealth for the preservation of Masts &c. 

Resolved, for reasons set forth in said memorial That 
thirty five dollars & seventeen Cents be paid out of the 
Treasury to the said Park Holland, in full of the Ballance 
of his Account, for services performed by him, as agent 
aforesaid. June 23, 1804. 

Chapter 56. 

RESOLVE DISCHARGING THE AGENTS FOR BUILDING THE STATE 
PRISON, OF A SUM OF MONEY, AND GRANTING THEM COM- 
PENSATION FOR THEIR SERVICES. 

AVbereas His Honor Edward H. Robbins Esqr. Peleg 
Coffin, .Jonathan Hunnewell, and Charles Bulfinch esqrs., 
Agents for building the State Prison have exhibited their 
Accounts of the expenditures in their sd. Trust, up to the 
26th day of may last, amounting to seventy thousand Dol- 
lars — which accounts have been duly examined and found 
to be well vouched and right cast : Therefore 

Resolved, that the said Agents be and they hereby are 
discharged from said sum of seventy thousand Dollars, 
being the Amount of the Appropriation made by a Resolve 
of the 23d day of June 1802. 

And be it further resolved, that there be and hereby is 
granted to said Agents the sum of Twenty One hundred 
Dollars being three per Centum on the Amount of the 
sum expended as aforesaid, in full for their Services to 
the said 26 day of May. And they are hereby Author- 
ized to recieve the said sum of Twenty One hundred Dol- 
lars to their Own use from the monies last appropriated 
to build said Prison. June 23, 1804. 



320 Resolves, 1804. — May Session. 



Chapter 57. 

RESOLVE GRANTING HIS HONOR, LIEUT. GOVERNOR ROBBINS, 
190 DOLLARS, FOR NEGOTIATING PURCHASE OF LAND FOR 
THE STATE PRISON AND FOR MONEY ADVANCED. 

Whereas His Honor Edward H. Robbins Esqr. hath 
represented that he did apply one hundred & six Dollars 
of his Own Money in negotiating the purchas of the Land 
in Charlestown whereon to erect the State Prison in the 
year 1800 — and did devote his time in examening the 
title removing incumbrances and Compleating said Pur- 
chas previous to his appointment as agent to build said 
Prison for which he hath not received any Compensation : 
Therefore 

Resolved that there be allowed and paid out of the Pub- 
lic Treasury of this Commonwealth, to His Honor Edward 
H. Robbins, Esq. the sum of one Hundred & Ninety dol- 
lars in full for the Money he advanced & the Commission 
for the Purchas of the said Lot — before his appointment 
as agent aforesaid. June 23, 1804. 

Chapter 58. 

PAY ROLL, NO. 51. 

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 allow'd and paid, will be in full 
discharge of the said accounts, to the several dates therein 
mentioned. 

which is respec[<] fully submitted, 

ISAAC THOMSON, ^ Order. 

Pauper Accounts, 

Towns. Dolls. Cts. 

Abington, to boarding & clothing Margaret Benner to 
June 1, 1804 20 97 

Almsbury, for supporting Jonathn. Sidwell to May 18, 

1804 59 70 

Andorer, for boarding, clothing & nursing Patrick Kala- 
ham to 1 May 1804, & Dinah Scipio to the time of her 
removal out of ye State including expense of removal . 174 92 

Ashburnham, for supplies for John Franklin & his wife, 
including Docters Bills to March 2, 1804 ... 32 32 



Resolves, 1804. — May Session. 321 

Towns. Dolli. Cts. 

Boston, to boarding & clothing sundry Paupers to 1 June 

1804 4065 88 

Brookfield, to boarding & clothing Luke Phinney, Cato 

Kinn, William Johnson, to May 23, 1804 & George 

Thompson to the time of his Death, including Doctors 

bills & funeral charges 106 45 

BaiTe, for boarding & clothing John C. Dandrich to June 

3, 1804 24 25- 

Boothbay, for boarding & clothing John Hoskins to 1 June 

1804 104 00' 

Buckland, for boarding, cloathing & docktering John 

Wilkie to 17 May 1804 73 76 

Boxborough, for boarding & clothing John Kennedy to 

June 1, 1804 36 51 

Belchertown, for boarding, clothing, nursing & doctering 

Ephm. Shubrooks to 1 February 1804 including Funeral 

charges 13 50 

Blanford, for boarding, doctoring, & funeral charges, for 

James Curtis to March 21, 1804 31 42 

Cheshire, for boarding & Doctg. Ephm. Richardson to May 

23, 1804 77 34f 

Charlemont, for boarding & clothing Abx'aham Bass to 

June 1, 1804 22 53 

Colerain, for boarding & clothing William Osborn to 19 

February 1804, & Willm. Wilson & Rachel Carr to 

21 May 1804 74 81 

Cape-Elizabeth, for boarding, clothing & Doctg. Betty 

Carrol, James Ramsbottom, & George J. Hays, to May 

23, 1804 89 70 

Cambridge, for boarding & clothing Sarah Ellis, to June 

27th 1803, & Peggy Condon, to March 31, 1804 includ- 
ing funeral Charges & Doctors bills .... 88 54 
Carlisle, for boarding & clothing Mathew Jemmerson & 

Robert Barber to June 9th 1804 50 61 

Dunstable, for boarding clothing & doctoring, Margaret 

Lane to 6 June 1804 81 00 

Dover, for boarding & nursing Patrick Cowen to June 12, 

1804 29 75 

Dracut, for boarding, nursing, & doctoring James Corbet 

to June 19, 1804 13 75 

Franklin, for supporting Alexr. Reed, to 26 May 1804 . 103 00 
Const. Freeman, Keeper of the Alms House in Boston, in 

full for his Services to 1 June 1804 . . . . 307 64 

Granville, for supporting, & doctorg. Jonathn. Parker to 

12 May 1804 18 04 

Gardner, for boarding, doctoring, & burying Will. Rich- 
ardson 60 48 

Goshen, for Doctering Miriam Lampiere to October 8, 1803 11 70 

Gorham, for boarding & clothing Robert Gilfilling to 25 

May 1804 87 50 

Gill, for boarding & clothing Peter Mange, & Sarah Ham- 

linton to May 28, 1804 31 17 

Granby, for boarding, clothing & Doctoring Ebenezer 

Darwin, & John Murray to 28 May 1804 ... 62 06 

Grafton, for boarding & clothing James Cook to 14th 

March 1804 75 47 



322 Kesolves, 1804. — May Session. 



Gloucester, for boarding, clothing & Doctoring Sundry 

Paupers to 10th May 1804 968 62 

Greenwich, for supplies for John Harrington & family, & 

doctoring, to 25 May 1804 49 55 

Hadley, for boarding Mary Battis, to the time of her death 

including Doctors bills & funeral Charges . . 20 54 

Joseph Hodgkins keeper of the House of Correction in 
Ipswich, for boarding & Clothing Sundry paupers to 
June 7th, 1804, including allowance made by the Court 
of Sessions to 21 March 1804 596 98 

James Jackson, for Doctoring State paupers in the Alms 

House in Boston to May 15th 1804 400 GO 

Ipswich for boarding, clothing & Nursing Hannah Parker 

& her child to June nth 1804 102 00 

Long Meadow, for Suppoi'ting John Spender & James 

Bobbins to 26 May 1804 18 00 

Lanesborough, for boarding & clothing, Dent Harrison to 

3 May 18i4 21 45 

Lenox, for Supporting John Howe to 23 February 1804 & 

Christian Crow & Abram. Palmer to 31 May 1804 . . 69 65 

Lincolnville, for boarding, clothing, nursing & Doctoring 
Isabella Woodbury to January 20, 1804 & Alexander 
White to 29 May 1804 150 00 

Montague, for supporting Joshua Searl to May 22 1804 . 20 68 

Marshfield, for supporting Peggy Mitchell to 20 Novr. 

1804 14 00 

Milford, for boarding & clothing Ebenr. Torrey to Jan- 
uary 18th 1804 71 94 

Maiden, for boarding & Clothing Mary, a negro, to 12 

June 1804 23 75 

Norton, for boarding & Clothing Joseph Pratt to 23 May 

1804 81 97 

Newbury, for boarding, clothing & doctoring sundry pau- 
pers lo 1 June 1804 . . . . . . . . 606 28 

Newbui'vport, for boarding, clothing, & Doctoring sundry 

paupers to 1 June 1804 . 767 75 

Nantucket, for supplies for sundry paupers including 

Doctors bills to 25 May 1804 75 65 

Palmer, for boarding & Clothing William Mendom to the 

28 May l8o4 24 22 

Fepperei borough, for boarding Elizabeth Carew to 20 May 

18(t4 104 00 

Portland, for boarding «fe clothing Susannah Thomas, Vin- 
cent Hind his Wife & Child to 2 June 1804 ... 125 50 

Raynhani, for boarding, nursing & doctoring Joseph 

Boodi ry including funeral charges 27 82 

Richmond, for boarding & doctorg John Hows, including 
funeial (charges 8 00 

Roxbury, for boarding. Clothing, nursing, & Doctoring 

Sundry Paupeis to 1 June 1804 including funeral charges 524 75 

Swansea, for boarding, clothing & nursing Deborah Blink- 
ins & Mary Bobbins' Child to 26 May 1804 & Esther 
Church to her Death, including funeral charges . 33 98 

South iirimfield, for boarding & Doctoring John Wakeley 

to 1 April 1804 ... .... 25 00 

Scarborough, for supporting Coi-nelius Perry, to 6 May 

1804 '. 51 29 



Kesolves, 1804. — May Session. 323 

Towns. Dolls. Ct». 

Standish, for boarding & Clothing Ellis Noble to 18 May 
1804 49 80 

South Hadley, for supplies for Peter Pendergrass to 2 
April 1804 6 27 

St. George, for boarding & doctoring Robert Hawes to 20 
May 1804 21 00 

Salem, for boarding & Clothing sundry paupers to 5 June 

1804 734 67 

Tisbury, for boarding, nursing & doctoring Samuel Ad- 

derton to 1 August 1803 55 90 

Taunton, for boarding. Clothing & doctoring Hiram Mc- 
Carrick Edmund Shores, Henry Ash, George Hazard & 
Sally Vallance to 7 June 1804 112 75 

Washington, for boarding & Clothing Phebe Clark to 23 

May 1804 78 50 

Wrentham, for boarding, clothing & Doctoring Joseph 
Tredwell & three Children to 10 April 1804, & supplies 
& funeral Charges for Joseph Beck & Doctors bills for 
said Beck 72 41 

Windsor, for boarding Henry Smith & wife to 28 May 

1804 35 18 

Westfield, for boarding, clothing & Doctoring & funeral 
charges for James Dewell 41 28 

Worcester, for boarding, clothing & doctoring for Joseph 
King, Peter Willard, & Luke Durfee to 1 June 1804, & 
supplies for James Campbell & Jack Melvin . . . 142 50 

Westborough, for boarding. Clothing, nursing & doctor- 
ing John Scudamore to 11 June 1804 .... 39 98 

West Springfield, for boarding, clothing & Doctoring 
William Bell, Godfrey Waggoner & Anne Pattey to 24 
May 1804 . . . " 87 91 

Williamston for boarding & Clothing Rachel Galusha & 

Morris Fowler to 11 June 1804 42 10 

York, for boarding & clothing Edward Perkins & Wife, 
Mrs Crocker, Jacob Bickum & Mary Perkins to 8 June 
1804 including doctors bills 132 45 

Total pauper Acct 12643 47 

Militia Accounts. 

Courts Martial and of enquiry, Sgc. 

DoUs. Ctf. 

To A Court Martial whereof Major Joseph Wallace Junr. 
was President, held in the Town of Columbia on ye 10 
April 1804 . . . 86 21 

To A Guard attending a Court Martial held at Dedham 
the 21 & 22 June 1803, at the tryal of Brigade Major 
Timothy Whiting 28 24 

To A Guard attending at a Court Martial, held at Cam- 
bridge on the 2()th April 1803, for the tryal of Lieut. 
Coll. Jeduthun Willington 59 49 

Aid-de-Camp and Brigade Majors. 

To James Ayer Junr. for services to 12 June 1804 . . 13 22 

To Ezekiol Bacon for services to 1 June 1804 ... 19 10 

To Josiah Harris for services to 7 June 1804 . . . 22 60 



324 



Resolves, 1804. — May Session. 



To William Jeflferds for services to 10 February 1804 
To William Jackson for services to 31 May 1804 
To Sampson Wood for services to 3 May 1804 . 

Adjutants Accounts. 

To Willard Boyd for services to 15 June 1804 . 

To Abner Bagley for services to 10 January 1804 

To Elihu Cutler for services to 1 January 1804 . 

To John Carter for services to 1 January 1804 . 

To David Dana for services to 15 June 1»04 

To Jesse Davenport for services to 1 June 1804 

To Abner Harmon for services to 1 January 1804 

To Ebenezer Heath for services to 9 June 1804 . 

To Joseph Kellogg for services to 30 May 1804 

To William Lane for services to 16 February 1804 

To Herbert Moors for services to 11 June 1804 . 

To Samuel Partridge for services to 2 June 1804 

To Ebenezer Trask junr. for services to 2 February 1804 

To Jason Ware for services to 12 June 1804 

Expense for Horses to haul Artillery. 
To Christopher Cushing for services by Horses to 4 Jany. 



1804 



To David Hartshorn for services by horses to 5 Octr, 1803 
To Nathan Smith for services by horses to 31 Octr. 1803 . 
To Clark Wilson for services bv horses to 1 June 1804 



Total Militia Accts, 

Qoalers Accounts for supporting Convicts. 

To Oliver Hartshorn, keeper of the Goal in Boston, to 
Dieting & Bedding for sundry Convicts to 6 June 1804 

To Nathan Heard, keeper of the Goal in Worcester, to 
Dieting & nursing Eli Page — to 30 May 1804 

To Joseph Barrett, under keeper of the Goal in Concord, 
to Dieting & nursing sundry Convicts to 17th June 1804 



Total Convicts Accts. 



Dolls. Cts. 

86 75 
30 31 
65 50 



30 46 

10 84 
8 62 

20 00 
6 35 
16 66 
19 33 
36 65 

15 47 
8 86 

14 14 

16 16 

11 39 

15 75 



6 25 
5 50 

5 50 

6 50 



655 85 


Dolls. Cts. 


[ 341 24 


35 33 


I 175 32 


551 89 


Dolls. Cts. 


14 56 


8 00 



Sheriffs'^ Accounts. 

To Edmund Bridge for services to 27 May 1804 
To Ebenezer Mattoon for services to 1 June 1804 



Total Sheriffs Accts 22 56 

Printers Accounts. 

Dolls. Cts. 

To Babson & Rust for publishing Acts & Resolves to 1 

June 1804 16 67 

To Thomas C. Cushing for publishing Acts & Resolves to 

1 June 1804 16 67 

To William Carlton for publishing Acts & Resolves to 1 

May 1804 16 67 

To John Dennio for publishing Acts & Resolves to 1 June 

1804 16 67 



Resolves, 1804. — May Session. 325 



To Peter Edes for publishing Acts & Resolves to 6 June 

1804 16 67 

To Sewall Goodrich for publishing Acts & Resolves to 1 

June 1804 16 67 

To Abraham Sherman Junr. for publishing Acts & Re- 
solves to 1 June 1804 16 67 

To Young & Minns, printers to the Government, for 

printing, finding Paper &c. to 16 June 1804 . . . 1485 51 



Total Printers' Accts 1602 20 

Miscellaneous Accounts. 

Dolls. Ctl. 

To the Guardians of the Dudley Indians, for a ballance 
due them in full to May 1804, which sum the Treasurer 
is directed to charge said Indians with, and to be de- 
ducted from the Sum due to them from the Common- 
wealth 93 25 

To Joseph Bennet for sundry repairs on the State House 

to 4th February 1804 12 25 

To Norton Brailsford for Repairing & cleaning State 

House windows to 12 June 1804 41 32 

To the honoble. Peleg CoflSn & John Coffin Jones, for 
examining and adjusting the accounts of the Treasurer 
& Receiver General of the Commonwealth to May 30 
1804 70 00 

To William Homer for sundry repairs for State House to 

May 23, 1804 23 41 

To Jonathan Hastings for postage public Letters to 12 
June 1804 55 62 

To Jacob Kuhn, Messenger to the General Court, for the 
Ballance due him for monies expended, over and above 
the sums granted to him by the Resolves of 22 June 
1803, & January 20th & Febraary 24, 1804 ... 301 79 

To Sylvanus Lapham for assisting the Messenger of the 

General Court, twenty four days 42 GO 

To John Milliquot for Stationary for Secretai*ys Office, to 
June 6, 1804 63 32 

To James Thompson, for Repairs to the State House to 

June 7th 1804 44 25 

To West & Greanleaf, for stationary for Treasurers Office, 

to April 17, 1804 95 30 

To Francis Le Barron Goodwin, Agent for the Penobscot 

tribe of Indians for his services to 10th June 1804 . 60 00 



Total Miscellaneous Accts, 902 51 

Aggregate of Roll No. 51. 



Expense of State Paupers, 
do. Militia, 

do. Convicts, 

do. SheriflFs, 

do. Printers, 

do. Miscellaneous, 



12643 47 

655 85 

551 89 

22 56 

1602 20 

902 51 



Total Amount 16378 48 



326 Resolves, 1804. — Mat Session. 

JResolved, that there be allow'd and paid out of the 
public Treasury, to the several Corporations and persons 
mentioned in this Roll, the sums set against such Corpo- 
rations and persons names respectively, amounting in the 
whole to sixteen thousand three hundred & seventy eight 
dollars and forty eight cents, the same being in full dis- 
charge of the accounts and demands to which they refer. 

June 23, 1804. 



RESOLVES, ETC 



GENERAL COURT OF MASSACHUSETTS. 

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON, 
ON THURSDAY, THE FIFTEENTH DAY OF NOVEMBEB, 
ANNO DOMINI 1804. 



1804. — November Session. 

ANSWER OF the SENATE TO THE GOVERNOR'S SPEECH AT 
THE OPENING OF THE SESSION. 

May it please your Excellency ^ 

It being the great object of the present Session of the 
Legislature, to determine and declare the choice of Electors 
of President & Vice President of the United States, on the 
part of this Commonwealth ; and if the choice is not per- 
fected by the votes of the people, to complete the same; 
your Excellency may be assured, that in executing that 
trust the Senate will be governed by the single motive of 
love to their Country. 

The letter of the Secretary of State, relative to the 
amendment in the Constitution, and the communication 
of the Quarter Master General, touching the buildings on 
Hospital Island, shall receive that attention, which they 
respectively merit : And should any other business of 
importance, during the present session occur, the Senate 
will cheerfully co-operate, with your Excellency, in all 
such measures as the public good may require. 

November 17, 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 House of Representatives, at their last meeting, 
being sensible of the inconveniences, which would arise 



328 Resolves, 1804. — November Sessioi^. 

from a long Session, at this season of the year, referred 
most of the mifinished business, to the third Session of the 
present General Court ; it is therefore presumed that few 
matters will at this time, urgently claim the attention of 
the House. 

Should it appear that the People, have not completed 
the choice of Electors of President & Vice President of 
the United States, the trust, which in that event, is com- 
mitted to the two branches of the Legislature, we hope 
will be executed with a single view to the welfare and 
honor of the United States. 

We beg your Excellency to be assured that this House 
will pay due attention to all matters, which you have been 
pleased to suggest for our consideration. 

A review of your Excellencys past conduct gives us 
the fullest assurance of your Excellency's readiness to co- 
operate with us in all measures which the public good may 
require. November 17, 1804. 

Chapter 59. 

RESOLVE ON THE PETITION OF ISAAC HASTINGS, AUTHORIZING 
THE SELECTMEN OF THE TOWN OF LEXINGTON TO CALL A 
MEETING FOR THE CHOICE OF A COLLECTOR. 

On the Petition of Isaac Hastings, Agent for the Town of 
Lexington, setting forth that at the annual March meeting 
in March last, the said Town, chose a Collector of Taxes, 
but the Town Clerk removing from the Town, without re- 
cording the same, whereby no Collector of record appears 
to be chosen, & praying to be authorised to call a Town 
Meeting for the choice of a Collector for the present year. 

Resolved for the reasons set forth in said petition, that 
the Select Men of the Town of Lexington are hereby au- 
thorised to call a Meeting for the choice of a Collector for 
said Town any time in the Month of November instant, 
or December next, they complying with the Law for call- 
ing Town Meetings for the choice of Town Officers, any 
thing in the Law to the contrary notwithstanding. 

November 17^ 1804. 

Chapter 60. 

RESOLVE APPOINTING A COMMITTEE TO EXAMINE THE TREAS- 
URER'S ACCOUNTS. 

Resolved that the Hon. Peleg Coffin, & William Smith, 
Esqrs. be a Committee to examine & adjust the Accounts 



Resolves, 1804. — !N'ovember Session. 329 

of Jonathan Jackson Esqr. Treasurer of the Common- 
wealth, from the first Day of July 1803, to the 30th Day 
of June 1804, inclusive. And the sd. Committee are directed 
<fe empowered to deface all notes & Due Bills, Orders & 
other Obligations, issued under the authority of this Com- 
mon-Wealth by an}^ Officer thereof, that have been re- 
deemed by the Treasurer during the time aforesaid ; & to 
Report an account of their proceedings at the next Session 
of this General Court. November 17, 1804. 

Chapter 61. 

RESOLVE AUTHORIZING THE QUARTER MASTER GENERAL TO 
BUILD A BARN ON HOSPITAL ISLAND. 

Resolved that the Quarter Master General be, and hereby 
is directed, to cagse to be erected, at the expense of the 
Common wealth, on Hospital Island, a sufficient Barn of 
wooden Materials, of such dimensions as he shall judge 
necessary and convenient to accomodate the Stock kept 
on that Island. November 19, 1804. 

Chapter 63. 

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 dollars 
per day for each days attendance the present Session, and 
the like sum for every ten miles distance from their re- 
spective places of abode to the place of setting of the Gen- 
eral Court. 

And he it further resolved that there be paid to the 
President of the Senate and Speaker of the house of Rep- 
resentatives each, two dollars per day for each and every 
days attendance over and above their pay as members. 

November 20, 1804. 

Chapter 63. 

RESOLVE GRANTING 200 DOLLARS TO WILLIAM GALE TO PUR- 
CHASE FUEL AND OTHER ARTICLES. 

Resolved that there be allowed and paid out of the 
Treasury of this Commonwealth to William Gale Mes- 
senger to the Governor & Council the Sum of Two Hun- 



330 Resolves, 1804. — ISTovember Sessioi^^. 

dred Dollars to enable him to Purchase Fuel and other 
Necessary Articles for the Council Chamber & Secretary's 
Office, he to be Accountable for the expenditure of the 
Same. November 20, 1804. 

Chapter 64. 

RESOLVE GRANTING TO CHARLES TURNER, JUN., ESQ., 533 DOL- 
LARS AND 5 CENTS, FOR SURVEYING SOLDIERS' LANDS. 

Resolved that there be allowed and paid out of the Treas- 
ury of this Commonwealth to Charles Turner Junr. Esqr. 
who hath been appointed by the Governor with the advice 
of the Council to survey and Lay out a Township of Lands 
on the Eastern boundaries of this Commonwealth for Cer- 
tain soldiers that served in the Late Continental Army 
agreeably to a Resolve passed on the ninth day of March 
Last the sum of five hundred thirty three dollars and five 
Cents which is in full of the balance due to him on his 
account for his services and Expenditures in surveying 
and Laying out said Township of Lands — after deducting 
the three hundred dollars granted to him by a Resolve 
passed the thirteenth day of June last. 

November 20, 1804. 

Chapter 65. 

RESOLVE ON THE PETITION OF JONATHAN SARGEANT, AUTHOR- 
IZING HIM TO ENTER AN APPEAL IN THE SUPREME COURT 
OF PROBATE AT WORCESTER. 

On the Petition of Jonathan Sargeant, praying for liberty 
to enter an appeal from a decree of the Judge of Probate 
of Wills &c. for the County of Worcester made at a Probate 
Court holden in May 1804, wherein the said Judge, on the 
Petition of John Southgate & Timothy Sprague, ordered 
the said Sargeant to be placed under Guardianship, from 
which decree the said Sargeant appealed to the then next 
Supreme Court of Probate to be holden within & for said 
County, but thro' misunderstanding failed to pursue the 
provisions of Law in such cases. 

Resolved for reasons set forth in said Petition, that the 
said Sargeant be and he hereby is authorized to enter his 
said Appeal in the Supreme Court of Probate, next to be 
holden at Worcester within and for said County of Worces- 
ter on the third Tuesday of April next — and the said Court 



Resolves, 1804. — November Session. 331 

are hereby authorized & empowered to hear, try & deter- 
mine the same, in the same manner, as tho' the said 
appeal had been duly prosecuted & entered at the term 
of said Supreme Court of Probate to which said appeal 
was made. Provided hoivever, that the said Sargeant 
cause an attested Copy of this resolve, & also an attested 
Copy of the reasons for his said appeal filed in the Probate 
OflSce of said County, to be served on the said Southgate 
& Sprague thirty days at least before the said third Tues- 
day of April next, and produce at the said term of said 
Supreme Court to be holden in April next and file with 
the Clerk of said Court, attested Copies of all papers & 
proceedings in said Case had before said Court of Probate 
in said County. November 20, 1804. 



Chapter 66. 

RESOLVE GRANTING A TAX OF 1500 DOLLARS FOR THE COUNTY 
OF BERKSHIRE. 

On the petition of Barnabas Bidwell Esqr. Treasurer of 
the County of Berkshire , praying that a Tax may be granted 
for said County, notwithstanding his account with the 
County as treasurer, which was settled & allowed by the 
Court of General Sessions of the Peace for the said County, 
at their Session in August last, is by mere accident miss- 
layed & does not accompany the Estimate presented, in 
manner required by Law. 

Resolved for reasons sett forth in said petition That the 
sum of fifteen hundred dollars, be granted as a Tax for the 
said County of Berkshire, to be apportioned, assessed, 
paid, collected, and applied for the purposes aforesaid 
according to Law agr[ee]able to the Estimate, made by 
a Committe and allowed by the Court of General Sessions 
of the peace for said County, provided however the treas- 
urer, of the County of Berkshire aforesaid, shall deliver 
into the Office of the Secretary of this Commonwealth, 
his Account with the said County of Berkshire (said to be 
misslayed) previous to this Kesolve takeing etfect. 

November 20, 1804. 



332 Resolves, 1804. — November Session. 



Chapter 67. 

RESOLVEJiFOR PAYMENT OF THE CLERKS OF THE SENATE AND 

HOUSE. 

Resolved^ that there be allowed & paid out of the Treas- 
ury of this Commonwealth to Wendell Davis Esqr. Clerk 
of the Senate fifty three dollars & to Nicholas Tillinghast 
Esqr. Clerk of the House of Representatives fifty three 
dollars for their services as aforesaid, they to be accountable 
for the same. November 22, 1804. 

Chapter 68. 

RESOLVE FOR PAYMENT OF THE ASSISTANT CLERK OF THE 

SENATE. 

Resolved, that there be allowed and paid out of the Pub- 
lic ^Treasury to Samuel F. McCleary, Assistant Clerk of 
the Senate Thirty eight Dollars, in full for his services, 
the present Session of the General Court. 

November 22, 1804. 

Chapter 69. 

RESOLVE GRANTING 400 DOLLARS TO JOHN AVERY, ESQ., FOR 
PAYMENT OF PRESIDENTIAL ELECTORS. 

Resolved That there be allowed & paid out of the Treas- 
ury of this Commonwealth the sum of four hundred dollars 
to John Avery Esq. by him to be applied to the payment 
of the Travel & Attendance of the Electors of president 
& vice president of the united states lately elected ; he to 
be accountable for the same. November 22, 1804. 



RESOLYES, Etc. 



GENERAL COURT OF MASSACHUSETTS. 

PASSED AT THE SESSION BEGUN AND HELD AT BOSTON, 
ON THUBSDAY, THE SEVENTEENTH DAY OF JANUABY, 
ANNO DOMINI, 1805. 



1804. — January Session. 
Chapter 70. 

RESOLVE DIRECTING THE SECRETARY TO RETURN TO THE 
TREASURY THE BALANCE REMAINING IN HIS HANDS OF 
THE SUM HE RECEIVED TO PAY THE ELECTORS OF PRES- 
IDENT AND VICE PRESIDENT OF THE UNITED STATES. 

Whereas by a Resolve of the General Court of the 
twenty second Novr. 1804, the sum of four hundred 
Dollars was paid out of the Treasury of this Common 
wealth to Secretary Avery, for payment of the travel and 
attendance of the Electors of President and Vice Presi- 
dent of the United States, who met in December 1804 — 
whose pay Roll amounted to three hundred & forty one 
Dollars : 

Therefore Resolved^ that said John Avery Esquire Sec- 
retary, be and hereby is directed to return to the Treasury 
of this Common wealth, the above balance of Fifty nine 
Dollars, and upon payment thereof, that he be and hereby 
is discharged from the aforesaid sum of four hundred 
Dollars. January 22, 1805. 

Chapter 71. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF THE 
TOWNS OF WINTHROP AND WAYNE, MAKING A DEDUC- 
TION FROM VALUATION OF WINTHROP AND ADDING TO 
THAT OF WAYNE. 

On the petition of the Select Men of the Towns of 
Winthrop and Wayne, in the County of Kenebeck, set- 



334: Resolves, 1804. — January Session. 

ting forth that by running of the Lines between the two 
Towns, a part of what was returned in the late Valuation 
as Wiuthrop, has fallen into and become a part of Wayne, 
and that the said Towns have agreed that in consideration 
thereof the fiftieth part of the Valuation of Winthrop 
shall be set to Wayne. 

Resolved, For the reasons in said petition and agree- 
ment, that in all State & County Taxes that shall be here- 
after Granted untill another Valuation shall take place, 
Three Cents, on the Thousand Dollars shall be deducted 
from Winthrop and placed to Wayne. 

January 22, 1805. 

ANSWER OF THE HOUSE OF REPRESENTATIVES TO THE GOV- 
ERNOR'S SPEECH AT THE OPENING OF THE SESSION. 

May it please your Excellency ^ 

With great sincerity, the House of Representatives re- 
ciprocate your assurances of satisfaction from the present 
meeting. We rejoice in the existing harmony, between 
the different branches of the Government, which afibrds 
the best earnest, that the business of it will be conducted 
with advantage to the Public, and with ease and conven- 
ience to those who are concerned in its administration. 

We assure your Excellency, that we will not only at- 
tend with promptitude and diligence to the several topicks 
of Legislation, which you have particularly recommended, 
but that we will devote our time, to the advancement of 
the various Interests of the Commonwealth, in attending 
to the requests of individuals, and removing any just 
grounds of complaint, in aflbrding suitable encourage- 
ment, to every species of useful industry, and in supply- 
ing, as far as in us lies, whatever may be found deficient, 
in our present system of Jurisprudence. And if by an 
upright and conscientious discharge of our duty we shall 
merit, we will not doubt of receiving an ample reward, 
in the approbation of our fellow citizens. 

We cherish a belief, that there are few, or none of the 
People, of this Commonwealth, who would not consider 
a seperation of the United States, as a measure greatly to 
be deprecated. The evils resulting to any portion of the 
Nation, from a continuance of the Union, must not only 
be manifest, but oppressive, before a dissolution of it, 
ought to be admitted, even in contemplation. Still more 



Resolves, 1804. — January Session. 335 

firmly do we trust, that the great body of our fellow 
citizi^ns, are yet wise enough & will continue to prefer a 
Republican form of Government, in its purity, as the 
surest preservative of individual rights. Equally and 
deeply interested as we all are, to support those free and 
happy Constitutions, under which our country has flour- 
ished in peace and wealth, for so considerable a period, 
it must be a duty we owe, no less to ourselves, than to our 
Posterity, to observe with a jealous eye, every approach, 
of danger; and to be equally solicitous, to repel the en- 
croachments of arbitrary power, whether proceeding from 
internal disorder or foreign invasion. It is a melancholly 
truth, that of all other Republican Governments, which 
have ever existed — we can only say — they were. 

Not one of them is now to be found. — And notwith- 
standing it is a just subject of exultation, that our Nation, 
forms an illustrious, though a solitary exception, to the 
general remark, yet it highly concerns us, attentively to 
consider the causes, which have occasioned the subversion 
of all former Governments, bearing any resemblance to 
our own. We surely cannot indulge a hope, that if sim- 
ilar causes should operate among ourselves, they would 
fail of a similar effect. Difierences of era, climate, or 
position, have not hithertoo been known to produce any 
diiference in the catastrophe. Unless then the authority 
of History be discarded, or the experience of our own 
eventful times be rejected, it must be admitted, that the 
loss of Liberty, has always been preceeded by a corrup- 
tion of the public morals. Where virtuous habits, simple 
manners, and civil harmony have prevailed in communi- 
ties, civil liberty has been found to flourish, and the force 
of mighty empires, has been unequal to the subjugation, 
even of small States. — While on the contrary, internal 
discord, vice, and licentiousness, a general spirit of inno- 
vation, and more especially a distrust of the most able 
and virtuous citizens, and a disposition to transfer the 
publick confidence, from those whose fidelity and ability, 
have been tested by long & and faithful services, to those 
who with less experience and of doubtful integrity, are 
more clamorous in their professions of zeal for the publick 
welfare, have never failed to terminate in submission to 
the auihority of a domestic Usurper, unless invited by the 
prevailing distractions, that event has been anticipated 
by a foreign invader. 



336 Resolves, 1804. — January Session. 

If any or all the evils herein enumerated, should be 
in actual operation among us, and if moreover it should 
be fouod, that we are fast declining from that purity in 
matters of Religion, which formed a peculiar ornament in 
the character, and was the surest safeguard of the politi- 
cal Institutions of our Ancestors ; if a sentiment should 
prevail, that public virtue, and private vice are compati 
ble qualities, in the same character, that licentiousness 
and profligacy are no objections in candidates for public 
offices ; if the usual means of political information should 
degenerate into vehicles of slander, and abuse of charac- 
ters & institutions, entitled to the highest confidence and 
respect ; if restless and aspiring men, should practise with 
success, those insidious and deceptive arts, to which the 
wise and good, would disdain to stoop, there would be 
too much reason to fear, that the name of our own 
country, would soon be added to the melancholly cata- 
logue of departed Republics. Should this last hope of 
freedom fail, this only Republican Government, remain- 
ing on the face of the Earth be subverted, there is little 
probability, that the experiment would ever be repeated. 
We cannot however forbear, cherishing a fond hope, that 
the impressive lessons which are before us in the history 
of our race, will prove a salutary warning, to the enlight- 
ened People of these States ; and that by avoiding the 
errors of others, they will escape their misfortunes. 
May Heaven long preserve them, free, prosperous, and 
happy. January 23 ^ 1805. 

ANSWER OF THE SENATE TO THE GOVERNOR'S SPEECH AT 
THE OPENING OF THE SESSION. 

Mai/ it please your Excellency, 

The Senate participate in the pleasure expressed by 
your Excellency, in the prospect, that from a continuance 
of harmony in the several branches of Government, the 
business of it will be conducted with advantage to the 
public and with ease and convenience to those who are 
employed in its administration. 

The subjects which were referred from the former Ses- 
sions will at this time receive our mature deliberations. 
Among these we consider the judicial departmt. of the 
Government, as highly important. Deeply impressed with 
the necessity of adapting it to the situation, extent and 



Resolves, 1804. — January Session. 337 

population of this Country in order that there may be an 
equal and prompt distribution of Justice among the Citi- 
zens, we shall devote our earliest attention to making 
such revision and amendment of the existing system, and 
the arrangement of the terms of the Court, as will, in our 
opinion, be necessary for the attainment of so desireable 
an object. 

We feel a high degree of satisfaction in your Excel- 
lency's communication with respect to the State of the 
Militia — that they have made improvements in all the 
essential points, which constitute a well-regulated Mili- 
tary force, that many of them have at their own expence, 
procured good cloth uniforms, and that their arms and 
equipments are in better order than at any former period, 
are circumstances peculiarly meritorious in them and 
highly honorable to their Country. 

It will be our endeavor to watch over & advance the 
various interests of the Commonwealth, to gratify the 
reasonable expectations of our fellow Citizens, and to 
remove all just grounds of complaint. While our time 
and talents are devoted to these important objects, we 
may confidently hope for public approbation & support ; 
but should this be denied us, the consciousness of having 
faithfully and impartially discharged our duty, will afford 
us ample satisfaction. We are fully impressed with a 
sense of the important benefits which have resulted from 
the Constitution of the United States, and believe few, or 
none, are desirous of witnessing the confusion and discord 
which would follow its dissolution. 

Under the Constitution of this State, are passed most 
of the laws and regulations which affect our persons or 
property, and although framed and adopted during the 
ardor of a revolutionary war, such are the wisdom & fit- 
ness of its principles, so accurately are the powers of the 
different departments adjusted and balanced, and so able 
& faithful has been the administration of the Government 
under it, that the experience of more than twenty years, 
instead of lessening its value in the estimation of the 
people, has it is believed increased & confirmed their at- 
tachment to it. But although our Country has flourished 
in peace and wealth, yet when we see the disgraceful state 
of subjection into which other republicks are reduced, after 
much suffering and exertion to obtain their freedom, it be- 
comes us to reflect on the causes of their misery, and to 



338 Resolves, 1804. — January Session. 

discover and adopt such measures as may preserve us from 
a like wretched situation. 

A general ditfusion of knowledge, and a just sense of 
the obligations of the Christian Religion, are essentially 
necessary to preserve us from the vicissitudes, distresses 
and enormities which have degraded other nations. The 
literary and religious institutions, established by the first 
settlers of this State, ought therefore to be carefully 
maintained and supported. Seminaries for the education 
of youth, where may be taught the principles of evidence, 
the proofs of Revelation, the means of detecting and 
avoiding the subtleties of sophistry, a knowledge of the 
history of ancient times, which tends to inform us what 
degree of restraint is required for the security of civil 
freedom, and also to open to our view the disguises, 
under which tyranny may be introduced, are of the first 
importance to the safety and stability of the State. An 
enlightened people only, can distinguish between the fac- 
tious aspiring demagogue and the upright and virtuous 
Magistrate, they alone can discern the arts and restrain 
the passions of those who wish to corrupt the public 
morals, and under the pretext of asserting the rights of 
the people, attempt to destroy them. 

We are fully sensible that the teachers of religion by 
their moral and religious instructions in this (Common- 
wealth, have been, and still are, eminently useful in pre- 
serving the blessings of good government, and upholding 
the order of Society. The principles of that Religion 
which confines the exertions of the human mind within 
the limits prescribed by its great Creator, which teaches 
reverence for the Deity, and a sense of accountability to 
him, must ever be the strongest bulwark against anarchy 
and the wildness of political Theorists. The awful & des- 
olating effects which would ensue from the destruction of 
thi8 great fortress have been fully proved by the conse- 
quences which followed that experiment when made by 
the people of France. Our distance from the nations of 
Europe, although it diminishes our apprehension of in- 
vasion, undoubtedly Increases our danger from internal 
feuds, as many motives to unanimity are wanting to us, 
which would operate if we were surrounded by powerful 
nations. Pretended patriots will be continually sowing 
their seeds of dissention, and endeavoring by specious 
pretences of uncommon zeal for the public welfare, to in- 



Resolves, 1804. — January Session. 339 

flame the passions against the most able and virtuous 
citizens. We ought therefore to use every exertion to 
counteract the endeavours of those unprincipled men, who 
would mislead the people by false representations, and 
after being advanced to power by the most vile and profli- 
gate measures, would rather submit to a despot of their 
own selection, than hazard the loss of their ill acquired 
influence. 

As the best means of preventing discord and party 
variance, it will be our endeavour to rise superior to 
selfish considerations and partial attachments, and to in- 
spire respect by a constant adherence to good faith in all 
our measures. 

We are fully impressed with the truth of those just and 
profound observations made by your Excellency on the 
causes which led to the destruction of ancient and modern 
Republicks. Those observations evidently prove that so 
long as the virtue and public spirit remained, by which 
their liberty was established, no foreign power was able 
to subdue them, and that their own vices, divisions and 
corruptions, aided by the arts of demagogues and false 
patriots, have uniformly involved them in one common 
ruin. 

Their errors and misfortunes, are displayed for our in- 
struction and warning ; and we unite our fervent prayers 
with those of your Excellency, that it would please the 
Great Arbiter of events to preserve our country from 
those tremendous convulsions which have sunk them into 
the abyss of despotism. January 24, 1805. 



Chapter 73.* 

RESOLVE ON THE PETITION OF SHUBAEL BELL, AUTHORIZING 
THE TREASURER TO MAKE SALE OF A CERTAIN ESTATE 
FORMERLY BELONGING TO DANIEL LEONARD, AT AN AN- 
NUAL RENT, RESERVING LIBERTY TO SAID BELL TO RE- 
MOVE A BUILDING BY HIM ERECTED ON THE PREMISES. 

Whereas a certain Real Estate in Court Street Boston 
now in the occupation of Shubael Bell was confiscated to 
the use of this Commonwealth as the Estate of Daniel 
Leonard an Absentee. And Whereas sd. Estate was by 

* Chapter 72 is a message from the Governor relative to the resignation of 
General Skinner, the state of the Treasury, and a commnnication from the 
Solicitor General, and will be found among the messages. 



340 Resolves, 1804. — January Session. 

a Resolve of Genl. Court set off to the Heirs of James 
Griffin Esq. for the term of Five years which terni will 
expire on the first Day of March next : 

Be it therefore Resolved That the treasurer be author- 
ized and directed to make sale of the whole of the Com- 
monwealths interest in said Estate, terminating with the 
life of said Daniel Leonard at public auction, at an annual 
rent, to the highest bidder, — the Commonwealth to be 
wholly free from all claim for repairs or charges of any 
name or nature whatsoever, now, or hereafter. Reserving 
liberty to Shubael Bell the present occupant one month 
after such sale to take down and remove, in any way con- 
formable to Law a certain building by him erected on the 
premises. January 26^ 1805. 

Chapter 74. 

RESOLVE ABATING TAXES ASSESSED UPON THE TOWN OF 
COLUMBIA. 

Whereas the Town of Columbia by a Resolve of the 
General Court passed January 27, 1803 is exempted from 
all State Taxes till the first of March 1804 — in conformity 
to a former Resolve of March 26 — 1788 — Therefore 

Resolved, that the State Tax of forty four Dollars fifty 
eight Cents assessed against the Town of Columbia in the 
Tax Act which passed February 28th 1801, and the State 
Tax of forty six Dollars sixty six Cents assessed against 
the same town of Columbia in the Tax Act which passed 
February 26th — 1803 be and hereby are abated. 

January 26, 1805. 

Chapter 75. 

RESOLVE GRANTING A TAX TO THE COUNTY OF HANCOCK. 

Whereas the Treasurer of the County of Hancock, 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 laid before the Gen- 
eral Court an estimate, made by the said Court of General 
Sessions of the Peace for the said County of the Debts due 
from and the Necessary charges likely to arise within the 
said County the present year, amounting to three thousand 
five hundred Dollars : 



Resolves, 1804. — January Session. 341 

Resolved, That the sum of three thousand five hundred 
Dollars, be, and hereby is Granted as a Tax for said County 
of Hancock, to be apportioned. Assessed, Collected, and 
applied, in manner as the Law directs. 

January 29, 1805. 



Chapter 76. 

RESOLVE ON THE PETITION OF WILLIAM PARSONS, DIRECTING 
THE SOLICITOR GENERAL TO INSTITUTE AN INQUEST OF 
OFFICE. 

On the petition of William Parsons, setting forth, that 
he had purchased of this Commonwealth certain Land 
lying in Lyman (formerly Coxhall) in the County of York, 
being two lots, and that Joseph Roberts, Anthony Luques, 
Robert Ford, and Gershom Downs are in possession of 
part of said Lots, and praying that he may be permitted 
to recover possession of said Lots in the name of the 
Commonwealth. 

Resolved, for reasons set forth in said petition, that the 
Solicitor General be, and he is hereby directed to institute 
an inquest of OflSce at the expence of said William Parsons 
in the name and behalf of this Commonwealth against 
Joseph Roberts, Anthony Luques, Robert Ford, & Ger- 
shom Downs, being the persons named in said petition for 
the recovery of so much of said Lots as are in their posses- 
sion, the same to prosecute to final Judgment that the said 
Commonwealth may be reseized thereof as soon as may be. 

January 31, 1805. 



Chapter 77. 

RESOLVE ON THE PETITION OF ROBERT FLETCHER, AUTHOR- 
IZING HON. JAMES SULLIVAN AND HON. CHRISTOPHER 
GORE, TO MAKE AND EXECUTE A DEED OF CONVEYANCE 
OF CERTAIN LANDS, &c. FORMERLY BELONGING TO ISAAC 
ROYALL, ESQ., DECEASED. 

On the Petition of Robert Fletcher praying that some 
person or persons may be authorized to convey to him in 
fee simple certain Estates which formerly belonged to Isaac 
Royall Esquire, pursuant to a Contract made with Henry 
Hutton and Elizabeth Royall his wife, in her right on be- 
half of themselves and her children, devisees of said Isaac 
Royall. * • 



342 Resolves, 1804. — January Session. 

Resolved for reasons set forth in said Petition that the 
Hon, James Sullivan, Attorney General of this Common- 
wealth & the Hon. Christopher Gore, or the survivor of 
them, be and they are hereby authorized and empowered 
to make and execute a deed of conveyance of the lands 
messuages and tenements, in this Commonwealth formerly 
belonging to Isaac Royall Esquire Jate of Medford deceased 
bounded and described as follows viz. All that Estate with 
its appurtenances called and known by the name of the 
Royall Farm in said Medford on the west side of Mystic 
River and bounding thereon containing about live hundred 
and twenty acres with the buildings thereon, together with 
a lot of land containing about forty acres lying north of 
the Great Brick-yard, so called, and a Pew in the Meeting 
house in said Medford. And also an Estate in Foxborough 
in the County of Norfolk known by the name of the Royal 
Foxborough Farm, but formerly known l)y the name of 
the said Royall's houses and lands in Walpole, formerly 
Stoughton in the County of Suffolk and Province or State 
of the Massachusetts Bay containing about five hundred 
acres of land be the same more or less to the said Robert 
Fletcher and to his heirs and assigns in fee simple in man- 
ner and form, as is provided by the Act passed on the 
Eighth day of March in the year of our Lord one thousand 
seven hundred an Ninety two, entitled " An Act for pro- 
viding for a more easy and simple method than is now in 
use for barring estates in tail in lands and for making the 
same liable for the payment of the debts of the tenants in 
tail " which deed executed and acknowledged by the said 
James Sullivan & Christopher Gore Esquires, or the sur- 
vivor of them and recorded in the Registry of deeds in the 
Counties of Middlesex and Norfolk respectively shall be as 
good and sufficient in law and shall have the same force 
and effect as though the same were made executed and 
acknowledged by Charles Henry Hutton the eldest son of 
the said Henry Hutton and Elizabeth Royall his wife, when 
of full age and in possession of the premisses, which said 
Charles Henry Hutton appears to be entitled by the last 
Will of the said Isaac Royall Esquire to the next estate 
tail after the life Estate of the said Elizabeth Royall Hut- 
ton shall be deter [/"er] mined. Provided nevertheless that 
the said James Sullivan and Christopher Gore Esquires 
shall take security to their satisfaction from the said Rob- 
ert Fletcher, for the performance on his part of a certain 



Resolves, 1804. — January Session. 343 

decree of the Court of Chancery of England made con- 
cerning the premises as to the time and manner of making 
payment of the purchase-money for the land, and tenements 
aforesaid. Provided also that the said Henry Hutton and 
Elizabeth Royall his wife shall convey the life estate which 
they hold in the premises in her right to the said Robert 
Fletcher. January 31, 1805. 

Chapter 78. 

RESOLVE MAKING AN ALLOWANCE TO THE SOLICITOR GEN- 
ERAL FOR CERTAIN FEES AND COSTS. 

Upon the representation of Honble. Daniel Davis 
Esquire, Solicitor General. 

Resolved, that there be allowed and paid out of the 
Treasury of this Commonwealth to the said Solicitor Gen- 
eral the sum of sixty one dollars & sixteen cents in full for 
his fees, and the Costs of suit, in an action commenced by 
him in behalf of the Commonwealth against John Waite 
Esqr., Sheriff of the County of Cumberland, in the Supreme 
Judicial Court, at their last May term, in said County, in 
pursuance of a Resolve of the General Court, passed March 
2nd 1804, the said Solicitor General to account with the 
several persons entitled to fees allowed in said Bill of Cost, 
for the respective sums therein taxed in their favour. 

February i, 1805. 



Chapter 79. 

RESOLVE ON THE PETITION OF RICHARD CHAMBERLAIN, AU- 
THORIZING THE ATTORNEY GENERAL OR THE SOLICITOR 
GENERAL TO APPEAR IN THE CASE. 

Upon the Petition of Richard Chamberlain, shewing that 
the Commonwealth, by their Committee, on the seventh 
day of September A.D. 1782, conveyed a certain mes- 
suage, lot of land and buildings ihereon standing, in Bos- 
ton, to Samuel Conant, his heirs and assigns, with covenants 
of warranty ; that afterwards the said Conant conveyed the 
same to one William Wood, who died seized thereof, and 
the same was duly conveyed, under an order of Court, to 
the said Chamberlain in fee, who by his tenants is in p isses- 
sion ; but that one William Henry McNeil has impleaded 
Joseph Brown, John Bright, and Rachael Woods, tenants 
holding under the said Chamberlain, in several actions of 



344 Resolves, 1804. — January Session. 

ejectment, before the Court of Common Pleas holden at 
Boston in & for our County of Suffolk, on the first tues- 
day of January current ; & praying the interposition of 
the Legislature to defend to him the premisses aforesaid. 

Resolved, that the said Defendants in the actions afore- 
said, be and they hereby are empowered to pray in aid 
the Commonwealth of Massachusetts, and the Attorney 
General or Solicitor General is hereby authorised to ap- 
pear in behalf of the Commonwealth and aid, in the defence 
of said actions, in such manner and form as he may judge 
proper and for the interest of the Commonwealth. 

February 2, 1805. 

Chapter 80. 

RESOLVE ON THE PETITION OF JOHN WATERMAN, REMITTING 
A CERTAIN FINE LAID UPON HIM. 

On the petition of John Waterman, praying the remit- 
tance of a fine and costs, for default on recognizance, at 
the Supreme Judicial Court held at Portland for the County 
of Cumberland in May 1803. 

Resolved that the prayer of the said petition be so far 
granted, that the said fine of Tweoty Dollars, be and 
hereby is remitted to the said John Waterman, and that 
the Treasurer be and he is hereby directed to pay the said 
John Waterman the sum of Twenty Dollars accordingly. 

February 2, 1805. 

Chapter 81. 

RESOLVE ON THE PETITION OF THOMAS THOMPSON, EXTEND- 
ING THE TIME FOR THE SALE OF TICKETS IN THE PIS- 
CAT AQUA BRIDGE LOTTERY. 

On the Petition of Thomas Thompson, one of the Man- 
agers of the Piscataqua Bridge Lottery representing the 
great Use of said Bridge to the people of this Common- 
wealth, & praying for an extension of the time granted 
by this Legislature for the Sale of Tickets in said Lottery, 
within this Commonwealth. 

Resolved, That the Managers of said Lottery & their 
Agents be, & they are hereby, authorized & permitted to 
sell the Tickets of said Lottery to any Person or Persons 
within this Commonwealth for one year from the passing 
of this Resolve & no longer, any Law to the contrary not- 



Resolves, 1804. — January Session. 345 

withstanding. Provided that nothing herein contained 
shall authorize said Managers to sell any of said Tickets 
within this Commonwealth, alter there shall have been 
raised by the sale thereof the Sum of fifteen thousand 
Dollars, which the Managers of said Lottery were author- 
ized to raise by an Act of the State of Newhampshire 
passed the twenty fourth day of December in the year of 
our Lord one thousand eight hundred & three. 

February 4, 1805. 

Chapter 83. 

RESOLVE AUTHORIZING THE SOLICITOR GENERAL TO PROS- 
ECUTE TRESPASSERS ON THE PUBLIC LANDS IN THE 
DISTRICT OF MAINE, AND REQUESTING THE GOVERNOR, 
WITH ADVICE OF COUNCIL, TO ISSUE WARRANTS TO THE 
TREASURER FOR PAYMENT OF EXPENSES INCURRED. 

Whereas the Solicitor General has represented to His 
Excellency the Governor, that great depredations have 
been and still are committed on lands belonging to this 
Commonwealth in the district of Maine near the river 
Sebastacook, & that trespassers are associated together 
in bodies for the purpose of destroying the valuable tim- 
ber thereon : — Therefore 

Resolved That the Solicitor general be & he hereby is 
authorized & directed to commence & prosecute all such 
suits & processes either civil or criminal as he may think 
proper, for punishing any person or persons who have 
committed or may hereafter commit any trespass or tres- 
passes on the lands belonging to this Commonwealth in 
the district of Maine & such suits & processes to pursue 
to final judgment & execution : & furthermore to adopt 
any other legal method which he may judge expedient to 
prevent similar de[)redations in future. 

And it is further Resolved That his Excellency the Gov- 
ernour with the advice of Council be & he hereby is 
requested to issue his warrant to the Treasurer of this 
Commonwealth from time to time as circumstances may 
require directing him to pay to the Solicitor General such 
sum or sums not exceeding five hundred dollars as may 
be necessary to enable him to discbarge the duties hereby 
enjoined upon him. He to be accountable for the ex- 
penditure thereof. February 4, 1805. 



346 Resolves, 1804. — January Session. 



Chapter 83. 

RESOLVE GRANTING ADDITIONAL PAY TO JOHN BURBECK, 
KEEPER OF THE STATE ARSENAL. 

On the petition of John Burbeck keeper of the States 
Arsenal praymg for an additional allowance for services. 

Resolved for the reasons set forth in the said petition 
that from and after the first day of January last past, there 
be allowed & paid out of the treasury of this Commonwealth 
the sum of seventy five cents per day to John Burbeck 
keeper of the State's arsenal in Boston in addition to the 
sum now allowed to him — so that the daily compensation 
to the said John Burbeck shall be two dollars and fifty 
cents so long as he shall remain in and do the duties of 
his present office ; and that the said compensation be paid 
to him in the same manner as his compensation heretofore 
has been paid. February 11^ 1805. 



Chapter S5.* 

RESOLVE ESTABLISHING THE PAY OF THE MEMBERS OF THE 
LEGISLATURE. 

Resolved that there be allowed & paid out of the public 
Treasury to each member of the Council, Senate, & House 
of Representatives, two dollars ^ day, for each day's at- 
tendance the present session, and a like sum for every 
ten miles distance 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 to the Speaker of the House 
of Representatives, each, two dollars ^ day for each and 
every days attendance, over & above their pay, as mem- 
bers of the Legislature. February 13, 1805. 

Chapter 86. 

RESOLVE ON THE PETITION OF ISAAC RAZE, AUTHORIZING 
HIM TO MAKE SALE OF THE LAND MENTIONED. 

On the petition of Isaac Raze of Cumberland in the 
County of Providence & State of Rhodeisland Guardian 
of Leonard Follet Lewis Follet George Follet & Isaac 



* Chapter 84 is a message from the Governor, and will be found among the 
messages at end of the volume. 



Resolves, 1804. — January Session. 347 

Follet Miners, Children of George Follet late of Said 
Cumberland deceased. 

Resolved for reasons set forth in said petition That the 
said Isaac Raze in his said capacity be & he is hereby Au- 
thorized to make Sale at publick Vendue of the said minors 
right title & interest in the land mentioned in said petition 
being one twelvth part of about sixty acres of land in the 
Town of Wrentham in the County Norfolk & to make & 
execute a good & sufficient deed or deeds of the same, he 
the said Isaac Raze first giving Bond with sufficient surety 
to the Judge of probate of Wills in the said County of 
Norfolk to Observe the rules & provisions of the Law in 
such sale & to account for the proceeds thereof according 
to Law. February 13, 1805. 

Chapter 87. 

RESOLVE ON THE PETITION OF AMOS PATTEN, DIRECTING THE 
HON. SALEM TOWN, ESQ. TO MAKE AND EXECUTE A DEED 
TO JOSEPH INMAN, OF 150 ACRES OF LAND IN THE 9 TOWN- 
SHIPS OF LAND PURCHASED OF THE PENOBSCOT INDIANS. 

On the Petition of Amos Patten and others, in behalf 
of Joseph Inman, who suffered a long continment in close 
Goal on Suspicion of haveing Murdered one Oliver Holmes. 

Resolved for Reasons set forth in said Petition that the 
prayer thereof be granted, and that the Honorable Salem 
Town Esqr. as Commissioner or Agent, for the sale of 
the Nine Townships of land purchased of the Penobscot 
Indians, be directed and he is hereby Authorized and em- 
powered, to make and execute a Good and Sufficient Deed, 
to the aforesaid Joseph Inman, of one hundred & fifty 
Acres of land free of any expence to him the said Inman, 
in the same way and manner, as though be the said Inman 
had comply ed with a Resolve of the Legislature passed 
March second A.D. 1798, he being one of the setlers 
therein described — any Law or Resolve to the contarary 
Notwithstanding. February 15, 1805. 

Chapter 88. 

RESOLVE DIRECTING THE MANNER OF DISTRIBUTION OF THE 
10,000 VOLUMES OF THE CONSTITUTION OF THE UNITED 
STATES, AND OF THIS COMMONWEALTH, &c. AND ORDERING 
THE PUBLICATION OF THIS RESOLVE. 

Resolved, That the ten thousand copies of the Constitu- 
tion of the United States, the Constitution of the Common- 



348 Resolves, 1804. — January Session. 

wealth of Massachusetts, the Declaration of Independence 
and General Washington's Farewell Address, printed & 
bound in one volume, at the expence of this Common- 
wealth, agreeably to the Resolve of June 18th 1804, be 
apportioned by the Secretary among the several Towns, 
Districts and Plantations in the Commonwealth, in pro- 
portion to their numbers of inhabitants, according to the 
last Census of the United States ; and that, when so appor- 
tioned, the same be delivered to the Select men of the 
Towns and Districts and the assessors of Plantations, to 
be appropriated by them to the use of Schools in their 
respective Towns, Districts & Plantations. As the said 
volume, of which no one has an exclusive copyright, may 
probably be hereafter procured by individuals on as rea- 
sonable terms at least as other School Books ; and as the 
general use of it will serve the double purpose of teaching 
children to read, and at the same time diffusing among the 
People generally an early and habitual knowledge of the 
elements of our government : 

Therefore, Resolved, That it be, and hereby is, recom- 
mended to Select-men, School-Committees, Preceptors, 
Parents and Guardians to unite their influence in favour 
of its introduction and use, as a reading Book, in the 
various Schools throuo-hout this Commonwealth. 

And it is farther Resolved, that the Secretary cause this 
Resolve to be published in all the News-Papers, in which 
the laws of the Commonwealth are printed. 

February 15, 1805. 



Chapter 89. 

RESOLVE REQUESTING THE GOVERNOR TO TRANSMIT TO THE 
SENATORS AND REPRESENTATIVES IN CONGRESS, AND THE 
EXECUTIVES or THE SEVERAL STATES, THIS RESOLUTION 
FOR PROCURING AN AMENDMENT TO THE FEDERAL CON- 
STITUTION RESPECTING THE IMPORTATION OF SLAVES. 

Resolved, that our Senators in the Congress of the United 
States be instructed, and our Representatives requested, 
to take all legal and necessary steps to use their utmost 
exertions, as soon as the same is practicable, to obtain an 
amendment to the Federal Constitution, so as to authorise 
and empower the Congress of the United States to pass a 
Law, whenever they may deem it expedient, to prevent 
the further importation of Slaves, from any of the West 



Resolves, 1804. — January Session. 349 

India Islands, from the Coast of Africa, or elsewhere, into 
the United States, or any part thereof. 

Resolved further. That the Governor be, and he is hereby 
requested to transmit copies of the foregoing Resolution 
to our Senators and Representatives in Congress ; also to 
the Executives of all the different States in the Union, with 
a request that the same may be laid before their respective 
Legislatures, for their concurrence and adoption. 

February 15^ 1805. 

Chapter 90. 

RESOLVE ON THE PETITION OF EZRA WELSH, AND RACHEL, 
HIS WIFE, EMPOWERING THEM TO SELL THE LAND MEN- 
TIONED, AND AUTHORIZING THE GUARDIAN TO INVEST THE 
PROCEEDS FOR THE CHILDREN. 

On the Petition of Ezra Welsh and Rachel his Wife. 

Resolved, that the prayer of the Petitioners be granted 
and that the said Ezra & Rachel be, and are hereby em- 
powered to make sale at public Auction, of a *' certain 
tract or parcel of land together with the buildings thereon, 
situate in Charlestown near the old Meeting House, bounded 
as follows, viz., beginning at the northerly corner of said 
lot or tract of land on land of Richard Devens, esquire, then 
running south westerly on said Deven's land to land of 
William Wiley one hundred and twelve feet, then running 
Southeasterly on land of said Wiley and Neheraiah Holden 
sixty feet then running north easterly on land of Matthew 
Bridge ninety six and an half feet to the street, then north- 
westerly on the street fifty six and an half feet to the first 
mentioned bound," they first advertising the same twenty 
days at least before the sale in two of the newspapers 
printed in Boston & by giving Bonds to the Judge of 
Probate for the County of Middlesex, for the three fifth 
parts that will accrue to the Children by said sale ; ^5ro- 
vided however, that unless the premises will command at 
least Three thousand five hundred Dollars, no sale shall be 
made therof, unless the said Ezra & Rachel consent that 
the deficiency shall be taken out of the two fifth parts that 
will accrue to them. 

And be it further Resolved, that the Guardian to be ap- 
pointed for the Children be and is hereby empowered to 
invest the proceeds that will accrue to the Children by said 
sale, in Real Estate, if he shall judge the same to be most 
for their interest. February 18, 1805. 



350 Resolves, 1804. — January Session. 

Chapter 91. 

RESOLVE ON THE PETITION OF NATHAN HYDE AND OTHERS. 

On the petition of Nathan Hyde and others, praying for 
a hearing before the Judge of Probate, for the County of 
Middlesex, respecting a certain Report of Commissioners, 
and accounts of administration, on the estate of William 
Hoogs late of Newtown in said County deceased. 

Resolved for reasons set forth in the said petition, that 
the Judge of Probate for the County of Middlesex, be and 
he hereby is authorised, at any time within three months, 
from the passing of this Resolve, to examine the Report 
of the Commissioners appointed to receive and examine 
the claims of the several Creditors to said estate, and hav- 
ing heard all parties thereon, to accept or reject the whole 
or any part thereof, as he shall think proper, in the same 
manner as though the same Report had never been accepted 
or allowed. And also to examine all the administration 
accounts of William Hoogs, administrator on said estate, 
by him exhibited to the late Judge of Probate, in and for 
said County, and having heard all parties thereon, the 
same to allow or reject, in whole, or in part, in the same 
manner, the said Judge, would have authority by Law to 
do, if said accounts had never been allowed or passed. 
And all parties interested in said estate, shall have a right 
to appeal, from any order or decree, which said Judge may 
make, relating to said Report or accounts, as in other cases. 
Provided nevertheless, that said petitioners cause an attested 
copy of this Resolve, to be served on said administrator, 
fourteen days at the least, before the time of such hearing, 
together with a citation from said Judge specifying the 
time and place for such hearing, that sd. administrator 
may appear before said Judge & be heard respecting the 
premises, if he shall see fit. February 19, 1805. 

Chapter 93. 

RESOLVE ON THE PETITION OF THE PRESIDENT AND TRUS- 
TEES OF WILLIAMS COLLEGE, GRANTING THEM A TOWN- 
SHIP OF LAND. 

The Committe of both Houses, to whom was refered the 
Petition of the President and Trustees of Williams College, 
praying the aid of Goverment, to enable them to build a 



Resolves, 1804. — January Session. 351 

Chapel for the performance of Divine Service and for keep- 
ing the College Library and Apparatus, having examined 
the Origin, rise and progress of that seminary from its 
Institution to the present time, together with the Aid here- 
tofore aiforded by the Goverment, and the existing state 
of its funds, beg leave to observe that the funds granted 
by the Original donor and the Goverment, have in the 
Opinion of the Committe been Judiciously applied to 
the object of the Institution, and with success exceeding 
the most sanguine expectations, and that the present state 
of the College affords a reasonable and pleasing expecta- 
tion of its future extensive benefits to Society, and that a 
Chapel for the purposes abovementioned would essentially 
promote the same, And as the encouragment and grants 
of the Goverment to that College, have not been equal to 
those made to other seminaries in the Common Wealth the 
Committe ask leave to report the following resolve which is 
submitted by 

EZRA STARKWEATHER per order. 

Resolved for reasons set forth in the petition, that there 
be and hereby is granted one township of land, of the con- 
tents of six miles square, to be laid out and assigned from 
any of the unappropriated lands belonging to the Com- 
monwealth, in the District of Maine excepting the ten 
townships lately purchased of the Penobscot Indians, the 
same to be vested in the President and Trustees of Wil- 
liams College and their successors forever, for the use 
benefit and purpose of supporting the sd. College, to be 
by them holden in their corporate capacity, with full power 
& authority to settle divide and manage the same, or to sell 
convey and dispose thereof, in such way and manner as 
shall best promote the interest and welfare of sd. College. 
The same to be laid out under the direction of the Com- 
mittee for the sale of Eastern lands at the expence of the 
said Corporation and a plan thereof to be lodged in the 
Secretary s office. 

Provided The Trustees of sd. College, or their assigns, 
shall cause to be settled fifteen families in sd. township 
within twelve years from the passing of this Resolve ; and 
also, that there be reserved, in sd. township three lots of 
three hundred and twenty acres each, for the following 
uses, viz. one lot for the first settled minister, one lot for 
the use of the Ministry, and one lot for the use of Schools 
in sd township. February 19, 1805. 



352 Resolves, 1804. — January Session. 



Chapter 93. 

RESOLVE ON THE PETITION OF JONATHAN YOUNG, JUN. GRANT- 
ING HIM TWENTY DOLLARS A YEAR, DURING HIS NATURAL 
LIFE, IN ADDITION TO HIS PRESENT ALLOWANCE. 

On the petition of Jonathan Young Junr. of York in 
the County of York, a Soldier in the Company of Artil- 
lery commanded by Capt. Jeremiah Clarke, praying for 
an augmentation of his annual allowance, in consideration 
of the loss of an arm while doing military duty in said 
Company, on the 18th day of October, 1797. 

Resolved, that there be paid out of the Treasury of this 
Commonwealth, annually to said Young during his natural 
life. Twenty Dollars, in addition to the allowance already 
granted him, by a Resolve of the Legislature of this Com- 
monwealth passed March the Ist 1800: — Pr^ovided how- 
ever, that if the Government of the United States shall 
hereafter make any provision, by which the said Young 
may obtain relief by pension or otherwise, on account of 
his disability as aforesaid, then the payment of the said 
sum is to cease. February 19, 1805. 

Chapter 94. 

RESOLVE ON THE PETITION OF THE SELECTMEN OF READING, 
ABATING THE FINES LAID ON SAID TOWN BY A RESOLVE OF 
JUNE 15th LAST. 

On the Petition of the Selectmen of the Town of Read- 
ing praying, that the fine they are Subjected to by Law, 
for not makeing due return of the Votes, for Electors of 
President and Vice president, of the United States, in 
November last past, may be abated. 

Resolved, for reasons sett forth in said Petition, that the 
prayer thereof be granted, and that the Selectmen of said 
Town of Reading be hereby excused from the fines to 
which they are Subject by the Resolve of 15th June last, 
for not making said returns in season. 

February 22, 1805. 

Chapter 95. 

RESOLVE ON THE PETITION OF MARY WORTHINGTON, THOMAS 
DWIGHT, AND JOHN HOOKER, TRUSTEES, EMPOWERING THEM 
TO DISPOSE OF CERTAIN STOCKS AND TO REINVEST THE 
PROCEEDS. 

On the Petition of Mary Worthington, Thomas Dwight 
& John Hooker all of Springfield, only acting Executors 



Resolves, 1804. — January Session. 353 

of the last Will and Testament of John Worthington late 
of said Springfield Esqr. deceased, and Trustees of cer- 
tain bequests therein made to the Children of the said 
Testators deceased daughter Mary Bliss, and wherein the 
said Trustees were required to vest the whole amount of 
such bequests and all Interest and dividends accruing 
thereon, in the purchase of United States Bank or other 
Stock of the United States at their discretion, praying 
that they may be authorized to vest said bequests in pri- 
vate obligations secured by mortgages or other sufficient 
securities, for reasons set forth in said Petition. 

Resolved^ That the said Trustees, or the Survivors or 
Survivor of them, be and hereby are authorized and em- 
powered, at their discretion to sell and dispose of the 
whole or a part of the Stock already purchased by them 
pursuant to the directions in said Will, and the sums of 
money produced by such Sales and all such other sums 
of money as hdve or may come to their hands by virtue 
of said bequests, to loan and place at Interest on private 
obligations, secured by mortgages of real estate, or other 
sufficient collateral securities, — 

Provided however that nothing in this resolve shall in 
any way affect the accountability of said Trustees for the 
said bequests and Interest accruing thereon as provided 
in said Will. February 22, 1805. 

Chapter 96. 

RESOLVE ON THE PETITION OF WILLIAM HOWE, CONFIRMING 
A GRANT OF LAND MADE HIM IN JUNE, 1785. 

On the Petition of William Howe, praying that he may 
be confirmed in a grant of One hundred & fifty acres of 
Land, made him by Government in June 1785. 

Resolved for reasons set forth in said Petition, That the 
aforesaid William Howe, be, and hereby is confirmed in 
the grant of One hundred and fifty Acres of land made to 
him by a Resolve of the General Court passed the 29th 
day of July 1785 his not having performed and fulfilled 
the Conditions therein notwithstanding. 

February 22, 1805. 



354 Resolves, 1804. — Januaky Session. 



Chapter 97. 

RESOLVE ON THE PETITION OF JOSEPH WHITE, JUN. AND 
OTHERS, ESTABLISHING A LIGHT INFANTRY COMPANY IN 
THE 1st regiment, 1st BRIGADE, AND 2nd DIVISION OF THE 
MILITIA. 

On the petition of Joseph White junr. & others pra} ing 
for the establishment of a Light Infantry company in the 
first Regiment, first Brigade, and second division of the 
Militia. 

Resolved that his Excellency the Governor with advice 
of Council, be & he hereby is requested to constitute 
Joseph White junr., Henry Tucker, Nathan Leech, George 
E. A. Carpenter, Edward Lander, James King junr., 
Stephen White, Abel Lawrence junr., James Brooks, 
Walter Todd, John Howard, John H. Read, Stephen 
Ward, Amos Adams, John Chipman, jr., Benjamin R. 
Nichols, Leonard Kimball, John W. Baker, Simon For- 
rester junr., William S. Orne, William H. Prince, Isaac 
Newhall, Jonathan Marston, Nathaniel Lang junr., Jabez 
Baldwin, Stillman Lothrop, Moses Cross, Samuel Swett, 
Joel Newhall, Thomas Smith, John Snethen, Joel Powers, 
William Osborn, Samuel BufFum 3d., Josiah Dorr, Timo- 
thy Brooks junior, Samuel Buffum junr., William Buftum, 
Samuel Webb, Thomas Gwinn, Silas P. Mosure, Nathaniel 
SaflTord, Edward Johnson, Enoch Dow, John Byrne, and 
James Bott junr., together w^ith such others as may here- 
after join them by voluntary enlistment into a Light Infan- 
try company, and annex the same to the first Regiment, 
in the first Brigade, and second division of the Militia — 
which said company shall be subject to all the duties, 
rules, regulations, and restrictions provided by Law for 
regulating and governing the Militia of this Common- 
wealth. February 22, 1805. 

Chapter 98. 

RESOLVE DISCHARGING THE QUARTER MASTER GENERAL OF 
CERTAIN SUMS OF MONEY AND ALLOWING 10,000 DOLLARS 
FOR USE OF HIS DEPARTMENT. 

Resolved That Amasa Davis Esqr. Quarter Master Gen- 
eral be and hereby is discharged from the sum of twelve 
thousand four hundred sixty five Dollars seventy nine 
Cents, which he has expended, (including his Salary, 



Eesolves, 1804. — January Session. 355 

OflSce Rent & Clerk hire amounting to Nine hundred Dol- 
lars for one year endins; the Seventeenth of January one 
thousand eight hundred and five) out of the suras he has 
received the hist year by Warrants on the Treasury — for 
sale of the Schooner Hancock, and for Shott loaned to the 
United States. 

And that the balance of fourteen Dollars fifty three 
Cents now remaining in his hands due to the Common- 
wealth, be carried to his Debit in a new account. 

Be it further Resolved, that there be allowed and paid 
out of the Treasury to the said Amasa Davis Esqr. the 
sum of ten thousand Dollars for defraying the charges and 
Expences of the Quarter Master General's Department, 
the present year, he to be accountable for the same. 

February 22, 1805. 

Chapter 99. 

RESOLVE ON THE PETITION OF JAMES PATTEN AND OTHERS, 
AUTHORIZING THE COMMITTEE FOR THE SALE OF EASTERN 
LANDS TO MAKE AND EXECUTE DEEDS OF RELEASE TO 
CERTAIN SETTLERS. 

Whereas by a resolve passed January 30th 1802, upon 
the petition of James Patten and others, inhabitants of 
the town of Haraden in the County of Hancock ; among 
other things it was provided that Park Holland Esqr. was 
authorised to receive all applications made by said peti- 
tioners and others for being quieted in the possession of 
their respective lots, to have the same duly surveyed, and 
to return a plan of such survey into the Treasurers Office 
of this Commonwealth by the first day of February A.D. 
1803, and the Treasurer was thereupon authorised to give 
deeds accordingly, instead of whom. The Committee for 
the sale of Eastern lands ought to have been thus author- 
ised : 

Wherefore^ Be it resolved, that the committee for the 
sale of eastern lands, be hereby authorised and required 
to make and execute good and sufficient deeds of release, 
to those who were returned settlers as aforesaid, upon the 
pa3^ment, security and conditions required on the part of 
such settlers, agreeably to the resolve aforesaid, any time 
before the first day of June next, any thing in the resolve 
aforesaid to the contrary notwithstanding. 

February 22, 1805. 



356 Resolves, 1804. — January Session. 



Chapter 100. 

RESOLVE DIRECTING THE QUARTER MASTER GENERAL TO 
MOUNT, AND PUT IN COMPLETE REPAIR, FOUR HOWITZERS 
FOR THE USE OF ARTILLERY COMPANIES. 

Resolved, that the Quarter Master General, be and he 
is hereby authorized & directed to mount and put in com- 
plete repair the four brass six inch Hovvets, in the Arsenal 
in the town of Boston ; and that the same when so repaired 
be by him loaned to the commanding Officer of such Artil- 
lery Companies as his Excellency the Governour shall 
direct ; to be used by them for their improvement in that 
species of Gunnery, & for such term of time, as he shall 
think proper, such commanding Officer to be accountable 
therefor. February 23, 1805. 

Chapter 101. 

RESOLVE ON THE PETITION OF PHINEHAS PARSONS, GRANTING 
HIM A WRIT OF REVIEW ON A CERTAIN ACTION. 

On the Petition of Phinehas Parsons, in which he states 
that by a resolve of the General Court passed on the 21st 
day of June 1804 he was authorized to sue out a writ of 
review in a certain action of Entry upon disseizin, com- 
menced against him by one Asa Spalding, and which writ 
of review was by said resolve to have been prosecuted at 
the then next Supreme Judicial Court, which was to be 
holden at Northampton in said County of Hampshire in 
September last — and that by accident he failed to sue out 
the same — therefore 

Resolved, That the said Phinehas Parsons, be and hereby 
is authorized to sue out his writ of review on the action 
aforesaid, and after being duly served, the same to enter 
at the Supreme Judicial Court next to be holden at 
Northampton in the County of Hampshire in April next, 
and the same to prosecute unto final Judgment and Exe- 
cution — and the said Supreme Judicial Court is hereby 
authorized to take cognizance of the same, and the Judg- 
ment rendered against said Parsons to reverse or affirm, 
and proceed therein in the same manner in all respects as 
if the said Writ of review had been sued out within the 
time prescribed by Law — he the said Phinehas filing in 
said Court an attested Copy of the Judgment and all papers 
in said Cause. February 23, 1S05. 



Resolves, 1804. — January Session. 357 



Chapter 103. 

RESOLVE AUTHORIZING THE SUPERINTENDANT OF NICKS'S 
MATE TO CONTRACT FOR THE BUILDING OF A STONE BASE- 
MENT AND WOODEN COLUMN INSTEAD OF A WALL AS DI- 
RECTED BY A RESOLVE OF JUNE 23, 1804. 

Resolved, that the resokition passed June 23, 1804, 
granting to the Treasurer of the Marine Society 3000 
Dollars for preserving Nicks Mate in the Harbour of 
Boston, be so far amended, that the Superintendant, 
instead of building a wall around the Island, shall be and 
he hereby is authorized to contract for the building of a 
stone Basement and a wooden Column of such dimensions 
as the Marine Society shall think necessary for the estab- 
lishment of a Land Mark. February 26, 1805. 

Chapter 103. 

RESOLVE ON THE PETITION OF JACOB HAZEN AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH CONSENT OF COUNCIL, 
TO RAISE A COMPANY OF LIGHT INFANTRY IN THE TOWN 
OF BRIDGTON.- 

On the petition of Jacob Hazen & others, praying for 
leave to raise a light Infantry Company in the Town of 
Bridgton in the County of Cumberland. 

Resolved That the Governor, with the consent of Coun- 
cil be and is hereby authorized, to raise by Voluntary 
Inlistment, a company of light Infantry in the Town of 
Bridgton, provided the standing Company in said Town, 
shall not be reduced, below the number of Sixty four rank 
& file, when so raised to be annexed, to the Third Regi- 
ment, second Brigade & six[^]h division of the Militia of 
this Commonwealth, and subject to all such rules regula- 
tions & restrictions, as are or may be provided by Law 
for the Goverment of the Militia, of this Commonwealth. 

February 27, 1805. 

Chapter 104. 

RESOLVE ON THE PETITION OF ALFORD RICHARDSON AND 
OTHERS, AUTHORIZING THE GOVERNOR, WITH CONSENT OF 
COUNCIL, TO RAISE A LIGHT INFANTRY COMPANY IN THE 
TOWN OF NORTH YARMOUTH. 

On the petition of Alford Richardson & others praying 
for leave to raise a Light Infantry Company in the Town 
of North Yarmouth in the County of Cumberland. 



358 Eesolves, 1804. — January Session. 

Resolved, That the Governor, with the consent of Coun- 
cil, be and is hereby authorised, to raise by Voluntary en- 
listment, a Company of light Infantry in the Town of 
Northyarmouth provided the standing Companies in said 
Town, shall not be reduced below the number of Sixty 
four, rank & file, when so raised to be annexed to the 
second, Regement second Brigade, of sixth Division, of 
the Militia of this Commonwealth, and to be Subject to 
such rules regulations and restrictions, as are, or may be, 
provided by Law, for the Goverment of the Militia of this 
Commonwealth. February 27, 1805. 

Chapter 105. 

RESOLVE ON THE PETITION OF DAVID ORN AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH CONSENT OF COUNCIL, 
TO RAISE A COMPANY OF LIGHT INFANTRY IN THE TOWN 
OF GRAY. 

On the petition of David Orn & others, praying for 
leave to raise a Company of Light Infantry, in the Town 
of Gray, in the County of Cumberland. 

Resolved, That his Excellency the Governor, with con- 
sent of Council, be and is hereby authorized to raise by 
voluntary enlistment, a Company of Light Infantry in the 
Town of Gray, provided the standing companies in said 
Town, shall not be reduced, to a less number than sixty 
four rank & file — & when so raised to be annexed to the 
fourth regiment, second Brigade and Sixth Division of 
the Militia of this Commonwealth, aod shall be Subject to 
all such rules, regulations & restrictions, as are or may 
be provided by Law for the Goverment of the Militia of 
this Commonwealth. February 27, 1805. 

Chapter 106. 

RESOLVE ON THE PETITION OF ROBERT HEWES, RESPECTING 
THE DISTRIBUTION OF A BOOK ENTITLED, "AN ELUCIDATION 
OF REGULATIONS FOR THE FORMATION AND MOVEMENTS 
OF CAVALRY," AND REQUESTING THE GOVERNOR TO GIVE 
THE NECESSARY ORDERS FOR THE SAME. 

On the petition of Robert Hewes praying for encourage- 
ment and assistance in publishing a regular system of 
Tactics entitled Regulations for the formation and move- 
ments of Cavalry. 

Resolved that there shall be furnished by the Govern- 



Eesolves, 1804. — January Session. 359 

ment to each commanding officer of a company of Cavalry 
and to each field officer commanding a squadron of Cavalry 
and to each Major General in this Commonwealth one book 
entitled " An elucidation of Regulations for the formation 
and movements of Cavalry revised and corrected by Robert 
Hewes ; " 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 and distributing the books and that the 
money necessary for the same be paid out of the Treasury 
of this Commonwealth. Provided that the whole number 
of Books so furnished shall not exceed one hundred. 

February 28, 1805. 



Chapter 107. 

RESOLVE ON THE PETITION OF MARTIN BRIMMER AND OTHERS, 
A COMMITTEE OF THE AGRICULTURAL SOCIETY, GRANTING 
THEM A TOWNSHIP OF LAND, UNDER CERTAIN RESTRIC- 
TIONS, AND AUTHORIZING THE SECRETARY TO MAKE AND 
EXECUTE A DEED THEREOF. 

The Committee of both Houses, appointed to consider 
the Petition of Martin Brimmer & others Trustees of the 
agricultural Society praying for aid from Goverment, to 
enable them to establish a botanic Garden, ask leave to 
submit the following report : 

That in exam[in]ing the papers committed to them, they 
find, that a Committee of both Houses in June A.D. 1802, 
reported, that in their opinion, an institution of the kind 
contemplated, in the petition may under skillful and judi- 
cious management, be highly beneficial to the Agriculture 
of the Commonwealth, and strongly invites the aid and 
patronage of goverment, yet as the session was drawing 
near to a close and there w^as little probability, that the 
Legislature would have time to give the subject a due dis- 
cussion, the Committee reported, that the further consid- 
eration of the petition should be referred to the next 
Session of the general Court. The whole of which report 
was accepted by both branches of the Legislature. It 
appears further to your Committee, that a number of pub- 
lic spirited Individuals, desirous of patronizing the institu- 
tion have allready subscribed more than Twenty thousand 
Dollars, to a fund for the same purpose. In addition to 
which the agricultural Society, considering its importance, 



360 Resolves, 1804. — January Session. 

and that it is connected with the objects of their associa- 
tion, have subscribed five hundred Dollars. 

Your Committee, after a full consideration of the sub- 
ject, are of the opinion, that under an able professor, and 
a well regulated garden, a knowledge of the theory of 
vegetation would be illustrated by practice, and the virtue 
of plants be better known ; In one convenient and central 
deposit there would be collected and exhibited specimens 
of all our native plants ; valuable exotic plants would be 
introduced ; our vegetable treasures would be continually 
augmenting ; The Ideas of ingenious Agriculturists, and 
hints derived from books would be tested by experiments ; 
Industry would be aided by skill ; The capacities of our 
Soil and Climate would be ascertained ; The properties, 
uses, and relations of the vegetable World would be ex- 
plored ; Instruction in this branch of knowledge would 
become a part of the Studies of our Youth ; The number 
of critical & inteligent Observers would be increased ; 
a general diffusion of usefull information, and a general 
Interest in agricultural pursuits would be the happy result. 

Other Nations have long seen and experienced the deci- 
sive advantages to be derived from such institutions. Not 
only in the genial Climes of the South of Europe, but in 
Germany, Great Britain, Sweeden and Russia botanic gar- 
dens have long been established — To cherish and improve 
them, has long been the care of States, Societies and munifi- 
cent Individuals. 

Your Committee deeply impressed with the importance 
of such an institution, are of the opinion that the present 
is a favourable time for its establishment — our Country 
is in a State of peace and prosperity, and munificent Indi- 
viduals, have now generously come forward to its aid. The 
Sums subscribed however will not be more than sufficient 
to purchase the ground which will be necessary, and make 
the arrangements for its introduction — It appears there- 
fore it cannot be carried into operation without the aid of 
goverment. Your Committee further believing, as the 
object is intimately connected with Agriculture, the man- 
agement of it could not be committed to so suitable a body 
of men as the Trustees of the Agricultural Society — They 
therefore ask leave to submit the following Resolves : 

WM. HULL, pr order. 



Resolves, 1804. — Januakt Session. 361 

Whereas a Professorship of Botany and of other branches 
of Natural History, well supported & properly conducted, 
will be of great utility in promoting the Arts and Agri- 
culture of this State, by collecting cultivating & ascertain- 
ing the uses of all the various kinds of grasses, of the 
various plants which are provided for medicinal uses, of 
the plants destined to support the life of man, and of the 
plants that conduce to promote the arts necessary for his 
comfort & convenience, and by investigating the history 
of those insects which are destructive to plants and the 
means of preventing their ravages : 

And whereas a number of Gentlemen have voluntarily 
subscribed the sum of twenty two thousand, four hundred 
& [and] thirty one dollars for the establishment support & 
endowment of such professorship, which sum is quite in- 
adequate to the due supporting & effectually conducting of 
the same. — And such a professorship being worthy of the 
patronage of an enlightened People attentive to every 
branch of science which may promote the public wealth 
and happiness. Therefore to aid and assist so useful an 
institution, 

Be it Resolved, That there be and there hereby is appro- 
priated for the support & maintenance of the said Pro- 
fessorship one Township of Land to contain six miles 
square, & to be surveyed located & assigned from any 
of the unappropriated Lands belonging to this Common- 
wealth in the District of Maine, excepting the ten Town- 
ships lately purchased of the Penobscot Indians, under the 
direction of the Committee for the sale of Eastern Lands, 
at the expence of the Massachusetts Society for promoting 
Agriculture, and a plan thereof to be lodged in the Secre- 
tary's Office. And that the Trustees of said Society be 
authorized to dispose of and sell the same lands on the 
best terms they may be able ; and that the Secretary of 
the Commonwealth for the time being be empowered to 
make & execute good & legal deeds of conveyance of the 
same to such person or persons as said Trustees shall 
direct. And that said Trustees shall appropriate the pro- 
ceeds of the said sales for the maintenance & support of 
the said Professorship in conjunction with the monies raised 
by subscription as aforesaid. Provided the Trustees of 
said Society or their Assigns shall cause to be settled 
fifteen Families in said Township within twelve years from 
the passing of this Resolve, and also that there be reserved 



362 



Resolves, 1804. — January Session. 



in said Township three Lots of three hundred & twenty 
acres each for the follovving uses, viz., one Lot for the 
first settled minister, one Lot for the use of the ministry, 
and one Lot for the use of the schools in said Township. 

March 1, 1805. 



Chapter 108. 

RESOLVE ALLOWING THE COUNTY TREASURERS' ACCOUNTS 
FOR THE COUNTIES OF SUFFOLK, ESSEX, &c. AND GRANT- 
ING A TAX TO SAID COUNTIES 

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 Ses- 
sions of the Peace for the said Counties, have exhibited 
estimates, made by the said Courts, of the necessary 
charges likely to arise within the said several Counties, 
for the year ensuing, and of the suras necessary to dis- 
charge 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 
be appropriated, assessed, paid, collected, and applied, for 
the purposes aforesaid according to Law. 

Suffolk, . . Fourteen thousand Dollars, .... 14000 
Essex, . . Eighteen thousand & five hundred Dollars, . 18500 
Worcester, . Four thousand Dollars, .... 4000 
Hampshire, . Two thousand & five hundred Dollars, . 2500 
Norfolk, . . One thousand nine hundred & twenty Dol- 
lars 1920 

Barnstable, . One thousand five hundred & fifty Dollars, . 1550 

Cumberland, . Five thousand Dollars, 5000 

Lincoln, . . Three thousand Dollars, .... 3000 

Washington, , One thousand & twenty-nine Dollars, . . 1029 
Eennebeck, . Three thousand, two hundred & forty four 

Dollars 3244 

March i, 1805. 



Chapter 110.^ 



OF 



RESOLVE DEDUCTING ONE CENT FROM THE VALUATION 
DARTMOUTH AND ADDING IT TO THAT OF WESTPORT, 

Whereas William Wilcox with his family & estate has 
been set off from the town of Dartmouth, and annexed to 
the town of West Port : 



* Chapter 109 is a message from the Governor relative to the interruption of 
surveyors while surveying land of Bowdoin College, and will be found among 
the messages. 



Kesolves, 1804. — January Session. 363 

Resolved that the sum of one cent, be and hereby is 
deducted from the vakiation of the town of Dartmouth, 
and that the same be added to the town of Westport. 

March 2, 1805. 

Chapter 111. 

RESOLVE ON THE PETITION OF THE FIRST BAPTIST SOCIETY 
IN THE COUNTY OF HAMPSHIRE, RATIFYING THE DOINGS 
OF THE OFFICERS OF SAID SOCIETY. 

On the Petition of the First Baptist Societ}^ in the County 
of Hampshire stating that the Officers of said Society who 
by their Act of Incorporation are required to be sworn 
upon their Annual election to such offices have not been 
sworn since their first election thereto & praying that the 
proceedings of said Society may be ratified & established. 

Resolved iov reasons set forth in said petition — That 
the doings of said Officers and the proceedings of said 
Society be ratified & Confirmed and shall be deemed and 
taken to be Legal and valid in all respects and in the same 
manner as they would have been had the said officers at 
each Election been sworn according to Law. 

March 2, 1805. 

Chapter 112. 

RESOLVE ON THE PETITION OF RUTH HUBBARD, CONFIRMING 
A CERTAIN DEED. 

On the Petition of Puth Hubbard of Hatfield in the 
County of Hampshire praying that a Certain Deed made 
by Lucy Hubbard of said Hatfield to Selah Graves of 
Whately in said County of Hampshire Conveying a small 
tract of Land Situate in Whately aforesaid being part of 
Lot Number twenty six in the fourth division of Common 
Land Containing about Fifteen Acres & being three qua- 
ters of a mile in Length may be ratified and Confirmed as 
a good and sufficient deed of Conveyance. 

Resolved for reasons set forth in said petition that the 
deed aforesaid from the said Lucy to the said Selah be and 
hereby is ratified and Confirmed as a good and Legal Con- 
veyance of the Land in the same deed discribed — On 
C(mdition that the said Lucy shall make execute & deliver 
to the Children of John Hubliard Late of Hatfield afore- 
said a good & sufficient deed of Bargain & sale of a Cer- 
tain piece of Land Lying in the South field in said Hatfield 
and in that part of said field Called the Lower Plain and 



364 Resolves, 1804. — January Session. 

is bounded Westerly on the County Eoad Northerly on 
the meadow fence so called Southerly on Captn. Perez 
Graves Land partly and to extend Easterly so far as to 
include the whole of the Lot that belongs to the said Lucy 
in that part of said south field which Lot Contains by Esti- 
mation Twelve Acres, and which Lot is mentioned in said 
petition as being owned by said Lucy in her own right. 

March 2, 1805. 

Chapter 113. 

RESOLVE ON THE PETITION OF JOSEPH LIVERMORE, AUTHOR- 
IZING THE AGENTS FOR THE COMMONWEALTH'S LANDS IN 
MAINE TO GIVE DEEDS TO CERTAIN SETTLERS WITHIN A 
LIMITED TIME. 

On the Petition of Joseph Livermore as Agent to cer- 
tain persons resideing in the town of Eastport in the County 
of Washington, praying for further time to make payment 
for their lands which by a resolve passed the 19th February 
A.D. 1803, was limited to the term of two years, thereafter. 

Resolved^ That the Agents for the Commonwealths lands, 
in the District of Maine, are hereby authorised and required 
to give deeds to those Settlers contemplated in said resolve, 
provided the payments are made and the conditions therein 
named complyed with, any time before the fifteenth day of 
May next. March 2, 1805. 

Chapter 114. 

RESOLVE GRANTING 1,000 DOLLARS TO THE SOCIETY FOR 
PROPAGATING THE GOSPEL AMONG THE INDIANS AND 
OTHERS IN NORTH AMERICA. 

On the Petition of the Society for Propagating the Gospel 
among the Indians, and others in North America. 

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 this Common- 
wealth, The sum of One thousand Dollars, to be laid out 
and expended in Educating the youth, and for Propagating 
the Gospel in Such parts of this Commonwealth as are 
unable to furnish themselves with Teachers and instructors. 

March 4, 1805. 



Eesolves, 1804. — January Session. 365 



Chapter 115. 

RESOLVE MAKING AN ALLOWANCE TO MANNING & LORING 
FOR THE PURPOSE OF COMPLETING THE PUBLICATION OF 
THE LAWS. 

On the Petition of Maning & Loring Praying that they 
may be allowed eight Hundred Dollars to be advanced to 
them to Enable them to Compleat the Printing & binding 
two octavo volumes of the Laws of this Commonwealth. 

Resolved, that there be paid out of the Treasury of this 
Commonwealth to the said Maning & Loring ^iglit hun- 
dred Dollars to enable them to Compleat the printing & 
binding th^ said two volumes of the Laws of this Common- 
wealth. Provided they shall give Bond with Sufficient 
sureties to the Treasurer of the Commonwealth to account 
for the same. March 4, 1805. 

Chapter 116. 

RESOLVE ON THE PETITION OF ISAAC WILEY, JUN., AND HAN- 
NAH, HIS WIFE, EMPOWERING THEM TO EXECUTE A DEED 
OF THE LAND MENTIONED. 

Upon the Petition of Isaac Wiley Junr. and Hannah his 
wife, as she is Administratrix on the Estate of Henry 
Young, her former Husband, praying to be empowered 
to make and execute a Deed of conveyance to Cornelius 
Davis of a certain Parcel of Land situate in the Town of 
Cushing, which had been set oiF by Execution in favor of 
the said Henry Young against one Richard Adams, and 
which the said Henry, in his lifetime, had contracted, in 
writing, to convey to the said Cornelius. 

Resolved that the Prayer of said Petition be granted, 
and that the said Hannah, in her said Capacity, together 
with the said Isaac, her present Husband, be empowered 
to make and execute a Deed of conveyance of the said 
Land mentioned in said Petition, to the said Cornelius 
Davis agreeably to said Contract. March 4, 1805. 

Chapter 117. 

RESOLVE ON THE PETITION OF JOHN PECK, EXTENDING TIME 
FOR PAYMENT OF BALANCE DUE COMMONWEALTH ON CON- 
TRACT FOR PURCHASE OF TOWNSHIP NUMBER ONE IN 
SIXTH RANGE NORTH OF WALDO PATENT. 

On the Petition of John Peck, praying for an extention 
of the time for the payment of the balance due to the Com- 



366 Resolves, 1804. — January Session^. 

monwealth on the Contract for township number one in the 
sixth range of townships lying North of the Waldo Patent 
& West of Penobscot river by Calvin Austin. 

Resolved, for reasons set forth in said Petition, that upon 
the said John Peck or his assigns, paying into the Treas- 
ury of this Commonwealth, the sum of One thousand four 
hundred Dollars, within ten days from the passing of this 
Resolve, & the residue ot the principal & interest due on 
said contract for said Township, at or before the first day 
of June next, without fail ; the Agents for the Common- 
wealth's land in the District of Maine, are hereby author- 
ized & required to give a deed of said township^ to the said 
John Peck, or his assigns, in the same manner as if the 
whole of the purchase money had been paid prior to the 
first day of March instant — agreeable to the original Con- 
tract. March 4, 1805. 



Chapter 118. 

RESOLVE RESPECTING THE BOUNDARY LINE BETWEEN THE 
COUNTIES OF HANCOCK, LINCOLN, AND KENNEBECK, AND 
DIRECTING THE SECRETARY TO PUBLISH THE SAME IN THE 
NEW ENGLAND PALLADIUM AND IN THE EASTERN ARGUS. 

Whereas it has been represented to the Legislature, 
"that difficulties have arisen from the uncertainty of the 
boundary line between the Counties of Hancock, Lincoln, 
and Kennebeck, which has never been actually designated" : 

Ordered that any person, may appear at the first Session 
of the next General Court, and shew cause if any he hath, 
why the boundary between the Counties of Hancock, Lin- 
coln, & Kennebeck, should not be established by the fol- 
lowing lines, viz. 

" Begining at the South West corner of the town of 
Lmcolnville, thence runing on the dividing line between 
the towns of Camden and Lincolnville, until it comes to 
the North West corner of Camden, thence runing North, 
thirty four degrees West, on the Easterly line of the town 
of Hope, & the Plantation of Appleton, until it strikes the 
Easterly line of the Plymouth Patent, thence Northerly 
on said line, until it comes to the North West corner of the 
Waldo Patent, thence Easterly bounding on the Southerly 
line of Township N : four, in the first range North of the 
Waldo Patent, to the South East corner thereof thence 
Northerly, bounding on the Easterly line of said town- 



Resolves, 1804. — January Session. 367 

ships number four & number five in the second range, 
until it strikes the Southerly line of township Number 
four in the third range, thence Easterly to the South east 
corner of township number four in the third range, thence 
Northerly on the East line of said number four last men- 
tioned, to the North east corner thereof, thence on the same 
course, until it comes to number five in the seventh range, 
thence Westerly to the south west corner of said number 
five, thence Northerly on the Easterly line of number six 
in the seventh range, and number eight in the eighth range, 
& number eight in the ninth ranire, to t;he North east corner 
of said number eight in the ninth range, thence North to 
the Highlands." And the Secretary is directed to cause 
this order to be published three weeks successively, in 
the New England Palladium, and in the Eastern Argus 
the last publication to be four weeks previous to the first 
Wednesday of the next session of the General Court. 

March 4, 1805. 

Chapter 119. 

RESOLVE ON THE PETITION OF THOMAS G. WAIT. 

On the Petition of Thomas G. Wait, praying, that on 
the payment of the Interest due on certain notes given by 
Jonathan Maynard Esqr. and others to the Commonwealth, 
on the purchase of township Number two in the second 
range, and the" cost made on said notes, he may have a 
renewal of said Contract to himself, & a further time 
allowed for payment of the ballances due on said Notes 
& for providing settlers in said Township. 

Resolved for reasons set forth in said Petition, That the 
Agents for the Sale of Eastern Lands be and hereby are 
authorized and directed, on the payment within sixty days 
from the time of passing this resolve of the Interest due 
on the notes, given on the Contract for the purchase of 
said Township, up to the second day of March instant to 
the Treasurer of the Commonwealth and also of all cost 
made on said notes now in suit, to cancel the original 
contract made with said Maynard, and renew the same 
with said Thomas G. Wait with the usual conditions con- 
tained in such Contracts, he the said Wait executing and 
delivering to said Agents his notes for securing the pay- 
ment of the sums that shall reuiain due on the said notes 
of said Maynard and others, payable in four equal annual 



368 Eesolves, 1804. — Januaey Session. 

instalments with Interest — and that on the performance 
of the provisions of this resolve, the notes aforesaid given 
by said Maynard & others be cancelled & rendered void. 

March 4, 1805. 

Chapter 130. 

RESOLVE ON THE PETITION OF THE AGENTS FOR THE TOWN 
OF CHESTERVILLE, DIRECTING THE LAYING OUT OF LOTS 
FOR MINISTERIAL AND SCHOOL PURPOSES. 

On the petition of the ageots for the town of chesterville 
in the County of Kennebec, representing, that the original 
sale of said township was made at diflerent times, and that 
no land was appropriated for public uses, that a gore of 
land, belonging to this Commonwealth is situated within 
the bounds of said town, Therefore, 

Resolved, that there be surveyed and laid off at the ex- 
pence of the petitioners, one thousand acres from the south 
end of the gore of land aforesaid, bounded as followeth 
Viz. Beginning at a stake on the North side of Megurday's 
Stream (so called) in the line, of land purchased by Clif- 
ford and Judkins, from thence running north 80° 00" 
West 586 rods, to a stake, from thence North 263 rods, 
to a stake, from thence South 80° 00" East to Megurday's 
Stream, thence by said stream, southerly to the first 
bounds ; One third part of said thousand acres, to be for 
the first settled minister, one third part for the use of the 
ministry and the other third part for the use of schools in 
said town forever. March 7, 1805. 

Chapter 1*^1. 

RESOLVE PROVIDING FOR THE RESERVATION OF THREE LOTS 
FOR MINISTERIAL AND SCHOOL PURPOSES IN THE TOWNSHIP 
GRANTED FOR THE BENEFIT OF CONTINENTAL SOLDIERS. 

Whereas Charles Turner Esqr. pursuant to appointment 
of the Governor & Council under a Resolve of the General 
Court passed March 5th 1801 — providing Two hundred 
Acres of land, for a certain description of soldiers — Has 
made a Survey, and returned a Plan into the Secretary's 
OflSce of a Township of land situated on the eastern boun- 
dary line of this Commonwealth to be for the benefit of 
said Soldiers, on such conditions as are provided in said 
Resolve of March 5th 1801, and no reserve is made of any 
lots in said Township for public uses : therefore 



Resolves, 1804. — January Session. 369 

Resolved, that there be and hereby is reserved for the 
first settled Gospel Minister in said Township, the lot num- 
bered fifty four, and for the Use of the Ministry, the lot 
numbered fifty five, and that the lot numbered thirty three, 
on said Plan be reserved for the use of Schools, and the 
Agents appointed to designate the lots to the several 
Soldiers who may prove their claims Agreeable to the 
aforesaid Resolve of March 5th 1801 — are directed to 
govern themselves accordingly. March 7, 1805. 

Chapter 123. 

RESOLVE ON THE PETITION OF JONATHAN DAVIS AND JOSIAH 
NOTES, AUTHORIZING THE GOVERNOR, WITH ADVICE OF 
COUNCIL, TO RAISE A COMPANY OF INFANTRY IN THE 
TOWN OF ACTON. 

On the Petition of Jonathan Davis & als. and Josiah 
Noys & als. praying that a Company of Infantry may be 
inlisted in the Town of Acton. For reasons set forth in 
said Petitions. 

Resolved, That the Governor by and with the advice of 
the Council be, & he hereby is authorized to raise a Com- 
pany of Infantry by inlistment in the said Town of Acton 
provided the said Company shall not consist of more than 
Sixty four Rank and file, and the standing Company in 
said Town shall not be reduced below that number — And 
provided also. That the Governor with the advice of Coun- 
cil shall think proper to reduce one of the standing Com- 
panies in Concord belonging to the 3d Regt. of the 1st 
Brigade and 3d Division of the Militia — And the Com- 
pany when so raised shall be considered as belonging to 
the said Regt. and subject in every respect to the same 
duties, as the other Companies in the said Regt. 

March 7, 1805. 

Chapter 123. 

RESOLVE ON THE PETITION OF JEREMIAH EMERY, IN BEHALF 
OF THE TOWN OF SHAPLEIGH. 

On the Petition of Jeremiah Emery, Agent for the town 
of Shapleigh in the County of York, — Representing that 
Joshua Bracket was chosen & served as Clerk of said town 
from the year Seventeen hundred & Eighty five to the Year 
Eighteen hundred & one ; excepting the Year Seventeen 



370 Resolves, 1804. — January Session. 

hundred & ninety-eight, when Aaron Hubbard served the 
said town in that Office. 

That the said Joshua & Aaron during the term of their 
serving the said town in the office aforesaid, omitted 
recording in the books of said town, the Certificates of 
their Oaths of office, and all other town officeers, and like- 
wise to certify & sign the said reccords. And that the said 
Joshua Omitted during a part of the time aforesaid, to 
record the Warrants of the Select Men for the calling town 
Meetings, and the return on such warrants ; And praying 
that the proceedings of the said town therein may be rati- 
fied & Established notwithstanding the Omissions afore- 
said. 

Resolved for reasons set forth in said Petition, that the 
doings of said officers, and the proceedings of the said 
town thereon be ratified & confirmed, & shall be deemed 
& taken to be legal & valid in all respects, & in the same 
manner as they would have been in case such certificates 
& Records had been made. March 7, 1805. 

Chapter 134:. 

RESOLVE ON THE PETITION OF EBENEZER LAWRENCE, GRANT- 
ING AN ANNUAL ALLOWANCE TO HIS SON. 

On the petition of Ebenezer Lawrence in behalf of his 
son Ebenezer a Militia soldier who was wounded while 
doing Military duty at the general Muster in Waltham, in 
October last by the accidental discharge of the Musket 
of another soldier in the rear rank the contents of which 
went thro' the hand of the said Ebenezer Lawrence 
Junr. 

Resolved that there be paid out of the Treasur[er]y of 
this Commonwealth unto Ebenezer Lawrenc[e] for the 
use of his son Ebenezer aforesaid the sum of ninety dollars 
on the first day of May annually for the term of five 
years making in the whol the sum of four hundred and 
fifty dollars. March 7, 1805. 

Chapter 125. 

RESOLVE ON THE PETITION OF DIREK GARDINER AND HANNAH 
VOSBORGH, AUTHORIZING THEM TO EXECUTE DEEDS OF 
CERTAIN REAL ESTATE. 

Whereas Direk Gardiner of the State of New-York has 
petitioned in his capacity of guardian to Martha, Hannah 



Resolves, 1804. — January Session. 371 

& Sarah who are minors & children of Peter Gardiner 
deceased, (the said Martha being now tlie wife of Peter 
Obriant who joins in the petition) and whereas Hannah 
Vosboro'h in her capacity of guardian to Barent, Jacob, 
Evert, Gertrude & Cornelia her children who are minors 
hath also joined in the same petition seting forth that the 
said Minors are tenants in common of a tract of Land situ- 
ate in Sheffield in the county of Berkshire in certain pro- 
portions and praying leave to sell their shares in the same : 
Resolved for the reasons set forth in the petition that 
the said Direk Gardiner in his capacity aforesaid — and 
the said Hannah Vosborgh in her capacity aforesaid be 
and they hereby are respectively authorized and empow- 
ered to sell and to execute in due form of Law deeds to 
convey the estate holden by the Minors of whom the said 
Direk and Hannah are respectively the guardians — Pro- 
vided nevertheless that the said Direk and the said Hannah 
shall first have given bond or bonds with sufficient sureties 
to the use of the minors aforesaid and shall have filed the 
same in the Probate Court in the County in which said 
minors dwell conditioned that they will faithfully and truly 
& to the best of their knowledge and discretion sell the 
said estate at such time place and manner as may be most 
for the interest of said Minors and that they will apply the 
monies arising from the sale thereof to the use and benefit 
of said Minors according to their respective proportions 
in the said land ; & also conditioned that the said Direk 
& Hannah shall respectively do all such acts and observe 
all such regulations as may by Law be necessary and 
usual in cases where such power is given to guardians as 
by this resolve is given to said Direk & Hannah. 

March 8, 1805. 

Chapter 136. 

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 for examination in 
the manner prescribed by Law, which accounts have been 
examined and 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 mny probably arise within 



372 Resolves, 1804. — January Session. 

the said County, for the year ensuing — amounting to Four 
Thousand Dollars. 

Resolved that the said sum of Four Thousand Dollars 
be and hereby is granted as a Tax for the said County of 
York for the ensuing year, to be apportioned, assessed, 
paid, collected and applied for the purposes aforesaid, 
according to Law. March 8, 1805. 

Chapter 128.* 

RESOLVE ALLOWING ADDITIONAL PAY TO THE COMMITTEE ON 

ACCOUNTS. 

Resolved^ that there be paid out of the publick treasury 
of this common wealth to the several Members of the 
Committee appointed to examine and pass on accounts 
presented against the Commonwealth for their attendance 
on that service during the present session, in addition to 
their pay as Members of the Legislature, sixty cents for 
each days service as aforesaid. March 9, 1805. 

Chapter 139. 

RESOLVE ON THE MESSAGE FROM HIS EXCELLENCY THE GOV- 
ERNOR RESPECTING SURVEY OF THE LANDS BELONGING TO 
BOWDOIN COLLEGE. 

On the representation of the Corporation of Bowdoin 
College, setting forth that opposition has been made by 
divers persons to the survey of certain lands owned by 
said corporation in the County of Lincoln, and praying 
the aid of Government to protect them in the survey of 
said lands. 

Resolved, that if the surveyor who may be duly appointed 
by the Corporation of Bowdoin College, to run and ascer- 
tain the boundary or other lines of any lands belonging to 
said corporation in the County of Lincoln, shall meet with 
opposition in the regular discharge of the business assigned 
him, either by the Settlers on the said lands, or on land 
contiguous thereto, by threatening the said surveyor, or 
other persons employed by said corporation in the execu- 
tion of said survey, or by persons collecting together, with 
or without arms with intent to interrupt and hinder said 
survey, so that the said surveyor shall think it dangerous 

* Chapter 127 is a message from the Governor stating his objections to a 
Resolve of March 7th, and will be found among the messages. 



Resolve^;, 1804. — January Session. 373 

for him to enter upon and prosecute said work, that he 
shall forthwith represent the same to the Governor, who, 
with the advice and consent of the Council, is requested 
immediatel}' to order out such military force, from the 
militia of the same [or'\ of either of the adjoining Coun- 
ties, as shall be sufficient to protect said surveyor, and 
enable him to accomplish the survey of the lands afore- 
said ; and that the Governor, with the advice and consent 
of Council be empowered to issue his warrant on the treas- 
urer of the Commonwealth, for the payment of the Militia 
which may be ordered out as aforesaid, who shall be en- 
titled 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 lib- 
erated 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 other 
persons, and corporations ; therefore. 

Be it further resolved, that if any person or persons shall 
forcibly resist and oppose the said surveyor or his assistants, 
in running the lines mentioned in the foregoing resolve, it 
shall be the duty of all officers, both civil and military, and 
they are hereby required to seize, take, and arrest such 
person or persons, and him or them safely keep, and forth- 
with have before some Justice of the Peace for said county 
of Lincoln, for examination ; and it being made to appear 
to such justice, that the person or persons so brought before 
him, were concerned and engaged in opposing as aft)resaid 
the said surveyor or any of his assistants, it shall be the 
duty of such Justice, and he is hereby authorised and re- 
quired to make out his warrant, directed to the sheriffs of 
the counties of Lincoln 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 re- 
spectively 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 receive such })er- 
son 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, next 
after such person or persons shall be confined as aforesaid, 
and the Justices of said Court on application from the 



374 Resolves, 1804. — January Session. 

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 to be 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 Lin- 
coln order such persons, or any of them, to be released 
and discharged from said confinement. And on conviction 
of any such person of such ofience as aforesaid, the Justices 
of said Supreme Judicial Court may, and are hereby author- 
ised to order such convict to be confined in the goal of any 
county within this commonwealth, any law, usage or cus- 
tom to the contrary notwithstanding. Provided neverthe- 
less, 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 committed as afore- 
said, before conviction, at their discretion whenever the 
circumstances of the case shall appear to require it. 

And be it farther resolved, That the Secretary of this 
commonwealth be, and hereby is required, to cause the 
foregoing resolves to be published in the Kennebec 
Gazette printed at Augusta, in the Eastern Repository 
printed at Wiscasset and in the Portland Gazette and 
Eastern Argus printed at Portland as soon as may be, and 
continued therein six weeks successively ; and that the 
said Secretary transmit an attested copy of the foregoing 
resolves to the Selectmen of the towns of Bowdoin and 
Lisbon. March 9, 1805. 

Chapter 130. 

RESOLVE ON THE PETITION OF AARON DWINEL, AUTHORIZING 
THE GOVERNOR, WITH ADVICE OF COUNCIL, TO ESTABLISH 
A COMPANY OF CAVALRY IN THE TOWN OF MINOT AND 
ADJACENT TOWNS. 

On the petition of Aaron Dwinel, praying for leave, to 
establish, a Company of Cavalry, in the Town of Minot & 
Towns adjacent, in the County of Cumberland. 

Resolved, That his Excellency the Governor, with advice 
of Council be and hereby is authorised, to establish the 
Company of Cavalry in the said Towns of Minot &c. that 
has allready assoc[^Jated and been raisd agreable to the 
Act of Congress passd 28 May 1798, authoriseg. the then 
President, of the United States, to raise a provisional 
Army — to be annexed to the Squadron of Cavalry in the 



Resolves, 1804. — January Session. 375 

second Brigade, of the Sixth Division of the Militia of this 
Commonwealth, Subject however to all such rules, regu- 
lations and restrictions, as are or may be by Law, provided 
for regulateg. and gover[7i]ing the Militia of this Common- 
wealth. 3Iarch 12, 1805. 

Chapter 131. 

RESOLVE ON THE PETITION OF DANIEL CONEY, AUTHORIZING 
THE COURT OF GENERAL SESSIONS OF THE PEACE TO GRANT 
SUCH ALLOWANCE, IN ADDITION TO HIS FEES, AS THEY MAY " 
JUDGE REASONABLE. 

On the petition of Daniel Coney, Judge of Probate for 
the County of Kennebec, stating that his present allowance 
is not an adequate compensation for his services ; and it 
appearing that the same is insufficient therefore, 

Resolved, that the Court of General Sessions of the Peace 
for said county, be and hereby are authorised and empow- 
ered to make the Judge of Probate for said county, for the 
time being, such allowance for his services, in addition to 
the fees that are or may be established by law, as they may 
Judge reasonable and Just, to be paid out of the treasury 
of the said county. Provided, however, that such allow- 
ance together with such fees shall not exceed the sum of 
three hundred dollars per annum. March 12, 1805. 

Chapter 133. 

RESOLVE FOR AN EQUITABLE DIVISION OF THE SUM LAID ON 
THE PLANTATION OF INDUSTRY BY THE LAST VALUATION, 
SAID PLANTATION HAVING BEEN INCORPORATED INTO THE 
TOWNS OF INDUSTRY AND MERCER. 

Whereas by the last Valuation the Plantation of Indus- 
try was charged with the payment of Thirty Three Cents 
on One Thousand Dollars, and whereas said Plantation 
has since been incorporated into two distinct Towns by 
the Names of Industry and Mercer ; and the Selectmen 
of said Towns have petitioned this Court for an equitable 
division of said Sum : Therefore 

Resolved that the Sum of eighteen Cents part of the 
thirty three Cents aforesaid be charged to the Town of 
Industry and fifteen Cents being the remaining part of the 
thirty three Cents aforesaid be charged to the Town of 
Mercer, which Sums are respectively to be considered as 
their equal and Just proportion in all future taxes and the 
Treasurer in issuing his warrants for taxes, is required to 
govern himself accordingly. March 12, 1805. 



376 Kksolves, 1804. — January Session. 



Chapter 133. 

RESOLVE ON THE PETITION OF CHARLES HUNT AND IRA BUSH, 
EMPOWERING THE JUSTICES OF THE SUPREME JUDICIAL 
COURT TO AWARD THEM SUCH SUM OR SUMS AS THEY 
OUGHT TO RECEIVE. 

The Committee of both Houses, to whom was referred 
the Petition of Charles Hunt, praying to be paid certain 
Sums of money, which he expended in detecting a fraud, 
committed by Willard How, Seth King, and Thomas 
Fobes, and likewise to be paid for his Services in that 
business, as is set forth in his Petition, report the follow- 
ing resolve, which is submitted. 

WM. UlJIAu pr order. 

Resolved, That the Justices of the supreme Judicial 
Court, award to the said Charles Hunt & Ira Bush and 
any other Persons, who aided in detecting the fraud re- 
ferred to in said Petition, such Sum, or Sums, as in their 
opinion, they ought to receive, for their agency in detect- 
ing the fraud aforesaid — And that the Sum or Sums, which 
shall be awarded, be paid out of the Treasury of this Com- 
monwealth, by a warrant from the Governor & Council. 
Provided the Sum, or Sums to be awarded shall not exceed 
the Sum received by the Goverment on the forfeiture of 
the recognizance of the said Thomas Fobes, after deduct- 
ing all the expences attending the Prosecution. 

March 12, 1805. 

Chapter 134. 

RESOLVE ON THE PETITION OF SAMUEL WILLINGTON, JUN. AND 
OTHERS, AUTHORIZING THE GOVERNOR, WITH ADVICE OF 
COUNCIL, TO RAISE A COMPANY OF LIGHT INFANTRY IN 
THE TOWN OF WALT HAM. 

On the petition of Samuel Willington Jnr. and others, 
praying for leave to raise a Company of Light Infantry, 
in the Town of Waltham within the first Regiment, first 
Brigade and third Division of the Militia of this Common- 
wealth. 

Resolved, That his Excellency the Governor with advice 
of Council, be and hereby is authorized to raise by Volun- 
tary Inlistment a Company of Light Infantry, in the Town 
of Waltham in the first Regiment, first Brigade and third 
Division of the Militia of this Commonwealth, which Com- 



Resolves, 1801. — January Session. 377 

pany shall be annexed to said first Regiment, and subject 
to all such rules, reo:ulations and restrictions as are or 
may be provided by Law, for regulateing and governing 
the Militia of this Commonwealth. March 12, 1803. 

Chapter 135. 

RESOLVE FOR PUBLISHING THE LAWS OF THIS COMMONWEALTH 
WHICH HAVE BEEN ENACTED AND PASSED SINCE NOVEMBER, 
1800. 

liesolved thsit the Committee appointed by a Resolve of 
the ninth of February 1803, to contract for the printing a 
new Edition of the private and special Acts of this Com- 
mon wealth — Be and hereby are further directed to in- 
clude in said Edition all such further Acts of the above 
description, which have been passed since the Resolve 
aforesaid, or may be passed during the present Session of 
the General Court, with a separate Index to each Volume, 
of the contents thereof, to be arranged in such manner, as 
said Committee shall judge to be most useful. 

And be it further liesolved, that said Committee be and 
hereby are authorized to contract for the printing a third 
Volume of the public or general Laws of the Common 
wealth, which have been passed since November 1800 — 
including those which may be passed during the present 
Session, with an Index to such Volume of its contents only 

— and to superintend the printing of the same — The Type, 
paper and printing and size of the Volume to correspond 
as nearly as may be, to the Volumes published in the year 
1800 -r- the whole to be bound & Lettered on the back — 
the ))rivate & Special Acts to be distinguished by the word 

— Special — And if the General Laws so directed, to be 
published should not be sufficient to constitute a Volume 
of suitable size, the said Committee are hereby authorized 
to prepare an Appendix thereto containing such Extracts 
from the first Book of the old Colony of Massachusetts, 
as in the Judgement of said Committee it shall appear 
most important to publish and preserve. 

Be it farther Resolved that said Committee are hereby 
authorized to agree with the person or persons who may 
undertake to print the said additional vohmie of General 
Laws for One thousand Copies for the use of the Common 
wealth, at such price as shall appear reasonable, not ex- 
ceeding the rate contracted to be given for printing the 
private Acts now in the press. March 12, ISOo. 



378 Resolves, 1804. — January Session. 



Chapter 136. 

RESOLVE ON THE PETITION OF THOMAS LOTHROP AND OTHERS, 
AUTHORIZING THE GOVERNOR, WITH ADVICE OF COUNCIL, 
TO RAISE A COMPANY OF LIGHT INFANTRY IN THE 2d REGI- 
MENT, 2d BRIGADE, AND 7th DIVISION OF THE MILITIA. 

On the petition of Thomas Lothrop and others, praying 
for leave to raise a Company of Light Infantry, in the 
second Regiment, second Brigade, and seventh Division 
of the Militia of this Commonwealth. 

Resolved, That his Excellency the Governor with advice 
of Council, be and he hereby is, authorized to [to] raise by 
Voluntary Inlistment, a Company of Light Infantry in the 
second Regiment, second Brigade & seventh Division of 
the Militia of this Commonwealth which Company shall 
be annexed to the said Regiment and Subject to all the 
rules, regulations, and restrictions, as are or may be pro- 
vided by Law, for regulating and Governing the Militia 
of this Commonwealth. March 12, 1805. 

Chapter 137. 

RESOLVE ON THE PETITION OF JUDITH SHAW, GUARDIAN TO 
FRANCIS SHAW, A MINOR, SON OF WILLIAM SHAW, LATE OF 
QUINCY. 

Upon the petition of Judith Shaw, guardian of Francis 
Shaw a minor Son of William Shaw late of Quincy in the 
County of Norfolk Esquire deceased. 

Resolved, that Judith Shaw of Boston in the County of 
Suffolk widow be and hereby is authorised to join with Judy 
P. Shaw in the sale of a certain piece or parcel of land 
lying in Quincy aforesaid containing about eighty acres 
be the same more or less and bounded as follows viz. 
Southerly on Plymouth road westerly on land of Jonathan 
Beal on a division line as it now stands, notherly on a 
straight line as the fence now stands 'till you come to land 
of Peter Boylstone Adams easterly by the land of said 
Adams 'till you come to a brook then running up said 
brook by land of Edward Hall to Jonathan Newcomb's 
land then still on said brook by Jackson's Field's land and 
Joseph Neal Arnold's land 'till you come to the Plymouth 
road first mentioned. Also the reversion of one undivided 
half of a piece or parcel of Salt Marsh lying in said Quincy 
bounded Easterly by Samuel Bass Esqr's. land then north- 



Resolves, 1804. — January Sesseon. 379 

erly westerly and southerly by Norton Quincy's land, also 
the reversion of one half of one other undivided moiety 
of a piece of land or Cedar Swamp lying in Braintree in 
said County and bounded westerly by Major Stephen Pen- 
niman's land, southerly by Nortons Quincy's land, being 
about Two Acres more or less, formerly owned ^by Ben- 
jamin Beale Esqr. deceased, and also the reversion of one 
moiety or half of a certain piece of Woodland lying in 
Milton in said County of Norfolk containing Four acres 
be the same more or less bounded northerly by land of 
Rufus Paine, easterly on land of Elijah Pope southerly on 
land formerly belonging to Deacon Benjamin Wadsworth 
deceased, westerly on land of said Elijah Pope or however 
otherwise bounded or reputed to be bounded with all the 
privilidges and appurtenances thereto belonging, all the 
estate late of William Shaw of Quincy deceased which is 
situated in Braintree Quincy and Milton and occupied by 
said Judith Shaw as dower in the estate of her late husband 
the said William Shaw and to execute and deliver good 
and sufficient deeds in fee simple of said Estate conditioned 
however that the said Judith Shaw shall dispose of the 
same at Public Auction after advertising the same two 
weeks successively in the Columbian Centinel and Inde- 
pendent Chronicle. Provided also that said Judith Shaw 
shall first give bond with sufficient sureties to the Judge 
of Probate for the County of Norfolk conditioned to pay 
one half the principal sum which said Estate shall be sold 
for, to said Francis Shaw, the minor child of said William 
Shaw his heirs executors administrators or assigns, upon 
the decease of said Judith Shaw. March 13, 1805. 

Chapter 138. 

RESOLVE AUTHORIZING JACOB KUHN, MESSENGER TO THE GEN- 
ERAL COURT, TO DO CERTAIN WORK ABOUT THE STATE HOUSE. 

Resolved that Jacob Kuhn Messenger to the General 
Court be, & he hereby is authorized & directed, to procure 
a fence to be erected on the Southwesterly line of the State 
House Yard, with the same kind of Materials as the fence 
on the other sides of the same yard is constructed, & also 
to cause to be made such repairs of the slating on the top 
of the State House as may be found necessary ; and also 
to cause the side walk to be continued round on the north- 
erly side of the yard, as far as the same extends. And that 



380 Resolves, 1804. — January Session. 



there be allowed & i)aid out of the Treasury of this Com- 
monwealth to the said Jacob Kuhn, for the purpose afore- 
said the sum of five hundred dollars, he to be accountable 
for the same. March 13, 1805. 

Chapter 139. 

RESOLVE AUTHORIZING THE TREASURER TO BORROW THIRTY 
THOUSAND DOLLARS OF THE UNION AND BOSTON BANKS. 

Whereas The Treasurer of this Commonwealth has rep- 
resented, that the State of the Treasury may make it neces- 
sary, for him to borrow Thirty Thousand Dollars : 

Be it therefore Resolved, That the Treasurer of this Com- 
monwealth be, & he is hereby authorized & directed, to 
borrow of the Union & Boston Banks, any Sum, not ex- 
ceeding Thirty Thousand Dollars, that may at any time 
be necessary, for the payment of the Demands, made on 
the Treasury ; And that he repay any Sum he may bor- 
row, as soon as money, sufficient for that purpose, shall 
be received into the Treasury, & not otherwise appro- 
priated. March 13, 1805. 

Chapter 140. 

RESOLVE RESPECTING THE STATE PRISON. 

Whereas the Agents for building the State Prison, have 
exhibited their Accounts of the expenditures in their said 
trust, up to the first day of this present month amounting 
to Fifty four Thousand dollars, w[/i]ich have been duly 
examined and found to be well vouched and right cast : 
Therefore 

jResolv'd, That His Honour Edward H. Robbins Esq. 
Jonathan Hunnewell & Charles Bulfinch Esquires, and the 
Executrix of the last Will & Testament of Peleg Coffin 
Esq. deceased, agents for the building the State Prison, 
be and they hereby are discharged from said sum of fifty- 
four thousand Dollars, being part of the amount of the 
appropriation made by a resolve of the 9th March 1804. 

Be it further Resolved, that there be, and hereby is 
granted the sum of Thirty Thousand Dollars, to be paid 
out of the publick Treasury of this Commonwealth to his 
Honour Edward H. Robbins, Esq. Jonathan Hunnewell 
& Charles Bultinch, Esquires, Agents for building the State 
Prison, to enable them to proceed and finish the same and 



Resolves, 1804. — January Session. 381 

for the expenditure of which monies said Agents are to be 
accountable to this Commonwealth on settlement of their 
accounts, or whenever called on by the Legislature thereof, 
& His Excellency the Governour with advice of Council is 
hereby authorized & requested to issue warrants on the 
Treasury in favour of said Agents for such parts of the 
aforesaid grants as shall in the Judgment of the Governor 
and Council from time to time be thought necessary. 

Be it further resolved that the Treasurer of this Com- 
monwealth be and he is hereby authorized to borrow such 
sum or sums of Money of the Union or Boston Banks 
either or both as he shall find necessary to comply with 
the above resolve. * March 14, 1805. 

Chapter 141. 

RESOLVE ON THE PETITION OF CORNELIUS BAKER. 

On the petition of Cornelius Baker, praying a remission 
of the forfeiture of three several recoo-nizances for the 
appearance of John Allison, on which Judgments were 
rendered against him in favour of the Commonwealth at 
the Supreme Judicial Court held at Boston, in & for the 
County of Suffolk A.D. 1803. 

Resolved, for reasons set forth in said petition, that the 
forfeiture of said Recognizances be remitted and that the 
Judgments rendered thereon, be and hereby are dis- . 
charged : provided he the said Cornelius Baker shall pay 
all the Costs which have arisen on the Writs of Sciy^e 
Facias, which have been issued on said Recognizances. 

March 14, 1805. 

Chapter 143. 

RESOLVE ON THE PETITION OF THE TRUSTEES OF HALLOWELL 
ACADEMY, GRANTING THEM A FOURTH PART OF A TOWN- 
SHIP OF LAND. 

On the petition of the Trustees of Hallowell academy, 
stating that the Academy Hall has lately been consumed 
by fire : 

liesolved. That for reasons set forth in said petition that 
there be, and is hereby granted to the said Trustees of 
Hallowell Academy, one fourth part of a township of land 
of six miles square for the use of said Academy, to be laid 
out and assigned to them in any of the unappropriated lands 



382 Resolves, 1804. — January Session. 

in the District of Maine (excepting the ten townships of 
land on the Penobscot river purchased of the Indians) by 
the agent or agents of the Commonwealths lands in said 
District. March 14, 1805. 



Chapter 143. 

RESOLVE APPOINTING A COMMITTEE TO REPAIR TO THE SEV- 
ERAL DAMS ON NEPONSET RIVER, AND ORDER SUCH ALTER- 
ATIONS TO BE MADE IN THE FISH-WAYS AS WILL GIVE 
FREE PASSAGE TO SHAD AND ALEWIVES. 

Resolved That Nicholas Tillinghast of Taunton in the 
County of Bristol Eliphalet Lofid of Weymouth in the 
County of Norfolk & Elijah Turner of Situate in the County 
of Plymouth Esqrs. be and they are hereby appointed a 
Committee after giving due notice to the parties to repair 
to the several dams on Neponset River between the sea 
and Pauls bridge od said River and order such alterations 
to be made in the present fish ways through the several 
dams aforesaid or cause such new fish ways to be made 
around said dams or either of them as in their opinion or 
in the opinion of the major part of them shall be sufficient 
for the [)assing of Shad and Alewives at the dams afore- 
said and if in the first attempt the alterations by them 
ordered as aforesaid shall prove insufficient to facilitate 
the passing of said fish they or a major part of them shall 
repair to the aforesaid dams a second year and order such 
further alterations to be made as shall appear needfull tak- 
ing into view at all times the interest of the several Pro- 
prietors of mills as well as the importance of the passage 
of the fish, the expences incured by making the afore- 
said alterations shall be bourn one fourth part by the 
Towns of Stoughton Sharon and Canton and three fourth 
parts by the respective owner or owners of the dam or 
dams where such alteration or new way may be made. 

March 15, 1805. 



Chapter 144. 

RESOLVE FOR PAYMENT OF THE COMMITTEE ON ACCOUNTS. 

Resolved That there be paid out of the publick Treasury 
of this Commonwealth, to the committee appointed to 
examine and pass on accounts, for their attendance on 
that service during the last and present Session, the sums 



Resolves, ISOtt. — January Session. 383 

annexed to their names, in addition to their pay as mem- 
bers of the Legeslature, namely, to the Hon. Isaac Thomp- 
son, Esq. to the Hon. Thomas Hale, Esq. for fifty seven 
days attendance thirty four dollars and twenty cents each ; 
to [to] the Hon. Bezaleel Taft, Esq. for twenty six days at- 
tendance, fifteen dollars and sixty cents, to Stephen Monroe, 
for thirty days attendance eighteen dollars, to Joseph Tit- 
comb, for twenty one days attendance the present session, 
twelve dollars and sixty cents, to Colo. Silas Holman for 
twenty six days attendance the present session fifteen dol- 
lars and sixty cents, which sums shall be in full for their 
services as afforesaid. March 15, 1805. 

Chapter 145. 

RESOLVE ON THE PETITION OF JOHN AVERY FOR A NEW TRIAL 
AT THE SUPREME JUDICIAL COURT. . 

On the Petition of John Avery of Boston in the County 
of Suflblk Esqr. praying for a new trial in a certain action 
on which Judgment was rendered at a Supreme Judicial 
Court holden at said Boston on the second Tuesday of 
February 1801, in favor of Nicholas Pike of Newbury 
Port Esq. against John Avery Junr. late of said Boston 
Mercht. deceased, for reasons set forth in said Petition. 

Resolved, that the said John Avery Esqr. be and hereby 
is allowed to prefer his petition to the Justices of the 
Supreme Judicial Court now holden or next to be holden 
at Boston within and for the County of Sufiblk, for a new 
trial of the action aforesaid — and the Justices of said 
Court be and hereby are authorized to hear and act on 
such petition, and if they see fit may grant the said John 
Avery Esqr. a review of said Action, and proceed thereon 
in all respects as fully and in the same manner as they by 
Law, might have done, had application been made to said 
Court within the time by Law prescribed. 

March 15, 1805. 

Chapter 146. 

RESOLVE EXTENDING THE TIME FOR SECURING THE BENEFIT 
OF GRATUITIES GRANTED TO SOLDIERS OF THE LATE CONTI- 
NENTAL ARMY. 

Whereas resolves passed March 9th 1801, and June 19th 
of the same year & also of March 9th, 1804, respecting 
Soldiers lands, or money in lieu thereof, have expired, 



384 Resolves, 1804. — January Session. 

and it is expedient to revive all the aforesaid resolves, and 
to continue the same in force for some time longer : There- 
fore — 

Resolved that the aforesaid resolves be, and the same 
hereby are revived, & shall continue in force, until the 
first day of March, which will be in the year of our Lord, 
1806, and all persons entitled to any benefit by virtue of 
said Eesolves, or either of them, shall & may receive the 
same, within said time in as full & complete a manner, as 
if the said Resolves had not expired. 

And whereas doubts have arisen whether the provisions 
in the said Resolves apply to such soldiers, who after en- 
listing for the war died in the service before the term of 
three years service was completed, and also whether such 
resolves should be construed in favour of the widows & 
children of such deceased soldiers : 

Resolved that in every case where a non-commissioned 
oflficer or soldier enlisted for & during the war, died in 
the service before he had completed the term of three 
years therein, the children of such non-commissioned offi- 
cer or soldier, if any there be, or otherwise his widow 
shall be entitled to all the benefits provided and allowed 
in and by the aforesaid Resolves, or any of them to the 
soldiers of the late Revolutionary army, their children 
or widows any thing in said Resolves or any of them 
to the contrary notwithstanding. March 15, 1805. 



Chapter 147. 

RESOLVE APPOINTING WILLIAM SMITH, ESQ. AN AGENT ON 
EASTERN LANDS. 

Resolved, that William Smith Esqr. be, and hereby is 
appointed an Agent for this Commonwealth, relative to the 
subject of Eastern lands in the District of Maine, in the 
room of the Hon. Peleg Coffin Esqr. deceased, and the said 
Smith, together with the Hon. John Reed Esqr. are hereby 
authorised and required, until the further order of the Gen- 
eral Court, to fulfil and perform all the bargains and con- 
tracts which, John Reed and Peleg Coffin Esqrs. were 
empowered and required to do, by a resolve of the Gen- 
eral Court, passed June 19th 1801, or that may have been 
enjoined upon that committee by any subsequent resolves. 

March 15, 1805. 



Resolves, 1804. — Januaky Session. 385 



Chapter 148. 

RESOLVE GRANTING AN ADDITIONAL ALLOWANCE TO JACOB 
KUHN, MESSENGER TO THE GENERAL COURT. 

On the petition of Jacob Kuhn Messenger of the General 
Court, praying for some Additional Compensation for his 
Services. 

Resolved for reasons set forth in said petition, that there 
be allowed and paid out of the Treasury of this Common- 
wealth to Jacob Kuhn the sum of One hundred and fifty 
dollars, for the present year, commencing the thirtieth 
day of May 1804 to be in addition to the Annual sum of 
six hundred Dollars heretofore allowed him. 

March 15, 1805. 

Chapter 149. 

RESOLVE PROVIDING FOR PAYMENT OF PREACHER OF THE 
THE NEXT ELECTION SERMON. 

Resolved that the Gentleman who shall preach the Elec- 
tion Sermon on the last Wednesday of May next, shall be 
allowed and paid out of the Treasury of the Common- 
wealth, the Sum of Fifty Dollars. March 15, 1805. 

Chapter 150. 

RESOLVE FOR THE PAYMENT OF CHAPLAINS AND CLERKS OF 
THE LEGISLATURE. 

Resolved, That there be allowed & paid out of the Treas- 
ury, to the Kevd. William Emerson Chaplain of the Senate, 
& to the Revd. John T. Kirkland Chaplain of the House 
of Representatives the sum of sixty dollars, respectively 
— to Wendell Davis Clerk of the Senate & to Nicholas 
Tillinghast Clerk of the House of Representatives the sum 
of three hundred & fifty dollars, respectively, in full for 
their services as aforesaid, for the present year. 

March 15, 1805. 

Chapter 151. 

RESOLVE GRANTING 238 DOLLARS TO THOMAS WALCUTT FOR 
HIS SERVICES. 

Resolved that two hundred & thirty Eight dollars be 
allowed and paid out of the Treasury to Thomas Wallcut, 
which in addition to one hundred dollars heretofore re- 
ceived by said Wallcutt is in full for his services in writ- 
ing for the house of Representatives the present year. 

March 16, 1805. 



386 Resolves, 1804. — January Session. 



Chapter 153. 

RESOLVE FOR THE PAYMENT OF THE ASSISTANT CLERK OF 
THE SENATE. 

Resolved^ that there be allowed and paid out of the pub- 
lic Treasury to Samuel Foster McCleary, assistant Clerk 
of the Senate, Two hundred Dollars, in full for his ser- 
vices aforesaid the present year. March 16, 1805. 

PAY ROLL NO. 52. 

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 Allowed and paid, will be in 
full discharge of the said accounts, to the several dates 
therein Mentioned. 

Which is respectfully submitted. 

ISAAC THOMSON pr. order. 



Pauper Accounts. 



DoUs. Ct8. 



To the Town of Adams for boarding, and Clothing Free- 
man Blaliely, and Catharine an Indian & Susannah Camp 
to Jany. 29th 1805 170 11 

To the Town of Ashburnham for Supplies for the Support 

of John Franklin and wife to Jany 25th 1805 . . 29 28 

To the Town of A[TO]dover for boarding, Cloathing, Nurs- 
irjg and Doctoring Patrick Kalaham to Feby. 2d. 1805 . 83 93 

To the Town of Abington for Supporting & Cloathing 

Mararet Benner to Jany. 1st 1805 28 69 

To the Town of Boston for supporting, Cloathing, Nursing 

Sundry paupers to December 1st 1805 .... 2687 25 

To Joseph Barrett Keeper of the Goal at Concord for 
boarding, Cloathing, and Nursing sundry poor prison- 
ers, confined Goal for debt, in full to Feby. 18th 1805 . 115 42 

To the Town of Boxford for Boarding, & Cloathing Mehit- 
able Hall to Jany. 2d. 1805 68 57 

To the Town of Barre boarding & Cloathing John C. Dan- 
darick to Jany. 6th 1805 39 23 

To the Town of Berwick for supporting Ambrose Vickery 
to Feby. 1st 1805, including Doctrs bills . . . . 83 94 

To the Town of Barnstable for supporting, Cloathing & 

Doctoring John Larribee to Jany. 7th 1805 . . . 397 38 

To the Town of Brookfield for boarding, Cloathing and 
Do[c]toring Luke Phinney, William Johnson & George 
Baslington to Jany. 1st 1805, and Cato Kinn to November 
26th 1804 . 108 62 



Resolves, 1804. — January Session. 387 



To John Balcom for supporting & Cloathing Richard 

Pomeroy to Jany. 1st 1805 81 

To the Town of Billerica for supplies for William Love 

and his family to Jany. 3uth 1805 including Doctors bills 91 23 

To the Town of Brimfield for boarding & Cloathing John 

Wakeley to Jany. 7th 1805 48 

To the Town of Beverly for boai'ding and cloathing Morris 

Nash & Mathias Claxton to Jany. 31st 1805 ... 136 45 

To the Town of Boxborough for boarding & cloathing John 

Kennedy to Jany. 1st 1805 45 85 

To the Town of Brookline for supplies, Nursing & Doc- 
toring Jacob Harvey to Feby. 16th 1805 .... 150 75 

To the Town of Bridgwati^r for boarding & cloathing Henery 
Ash, to Octr. 11th 1804 — Michael Pendergrass to May 
18th 1804, Benjamin Palmer to Feby. Uth 1805, and Wil- 
liam Blackdy to Jany. 19th 1805 127 23 

To the Board of Hea[/]th of the Town of Boston for board- 
ing, Nursing & doctoring sundry Paupers on Rainsford 
Island including funeral charges, to Feby. 28th 1805 . 611 

To the Town of Cape Elizabeth for boarding, cloathing, 
Nursing & Doctoring James Ramsbottom & George J. 
Hayes to Jany. 10th 1805, and Betty Carrel to her death 
including her funeral charges 123 80 

To the Town of Charlton for supporting, cloathing & Doc- 
toring Thomas Adams to Jany. 1st 1805 .... 61 32 

To the Town of Charlstown for boarding, cloathing & 
Nursing sundry Paupers in full to Jany. 21st 1805, in- 
cluding the funeral charges of John Crane . . . 159 52 

To the Town of Chelmsford for supplies for Catharine 

McClenny to Febj^ 11th 1805 ...... 24 

To the Town of Concord for supporting and Nursing 
George Black to May 8th 1804 and William Shaw in- 
cluding cloathing to Jany. 21st 1805 — and Silas Gill & 
John Champney to their death including Doctoring & 
funeral charges 186 53 

To the Town of Colerain for boarding & cloathing William 
Wilson, Rachel Carr, & Benjamin Cartrall to Jany. 1st 
1805, and supplies for Henery Rodgers & family . . 125 88 

To the Town of Charlemont for supplies for Abraham 

Bass to Jany. 31st 1805 46 33 

To the Town of Carlisle for boai'ding & cloathing Mathew 
Jemmison & Robert Barber to Jany. 19th 1805 . . 104 

To the Town of Conway for supplies & Doctoring John 

Allen to Jany. 16th 1805 37 51 

To the Town of Dartmouth for boarding, cloathing & doc- 
toring John Quannawill to Jany. 1st 18(»5 and John Piquit 
to the time of his death including funeral charges . . 118 

To the Town of Danvers for boai'ding & cloathing Jerusha 

Bird, & John J. Hires to Feby. 6th 1805 . . . . 116 99 

To the Town of Deerfield for boarding, cloathing & doc- 
toring Eunice Converse to Feby. 28th 1805 ... 55 75 

To Samuel Dogget keeper of the House of Correction in 
the Town of Dedham for boarding & Cloathing James 
Hatchel, John Smith & John Williams to August 22d 
1804 Including Doctors bill 65 65 

To the Town of Dover for boarding & cloathing Patrick 
Cowen to Feby. 19th 1805 63 



388 Resolves, 1804. — January Session. 

Dolls. Cts. 

To the Town of Dorchester for boarding cloathing and 
Nursing James Hitehard, & three children of Rebecca 
Welch to Feby. 2(jth 1805, and John McKellar to his 
death including Doctors bill and funeral charges . . 152 

To the Town of Dunstable for boarding, clothing and Doc- 
toring Margaret Lane to Feby. 14th 1805 ... 42 31 

To the Town of Dedham for boarding & Cloathing Eleanor 
Carrel to Jany. 1st 1805 and Thomas Walsh to July 20th 
1804 62 36 

To the Town of Egremont for boarding & cloathing Mary 

Daly & her three Idiot children to Jany 1st 1805 . . 244 

To Constant Freeman for taking care of the states poor in 

the poor House in Boston to December 1st 1804 . , 197 38 

To the town of Falmouth for supporting John Quanwell 
including Nursing & Medicine to the time of his death 
and funeral charges 61 81 

To the Town of Gill for boarding, cloathing & Doctoring 

Peter Mange & Sarah Hamilton to Jany 16th 1805 . 110 50 

To the Town of Great-Barrington for boarding & cloath- 
ing Isaac Catharine & Mary Hoose & Tom a Negro to 
Deer. 30th 18o4 & for boarding Joshua Wheeler six 
weeks & removing him to Connecticut where he belonged 207 19 

To the Town of Gloucester for boarding, Cloathing & Doc- 
toring sundry paupers, to Novr. 10th 1805 . . . 834 89 

To the Town of Granby for boarding & cloathing Eben- 

ezer Darwin and John Murry to Jany. 14th 1805 . . 93 10 

To the Town of (Greenfield for boarding, cloathing & doc- 
tox'ing. James Logan to Jany. 22d 1805 and Unice Con- 
verce to April 21st 1804 117 49 

To the Town of Greenwich for supporting John Harring- 
ton & his family to Jany. 5th 1805 including funeral 
charges & Doctrs bills for said Harrington . . . 35 62 

To the Town of Groton for boarding, cloathing & doctor- 
ing Eunice Bentrodt, Edward McLane, and John C. 
Wright & his wife to Jany. 10th 1805 . . . . 225 67 

To the Town of Gorham for supporting & cloathing Robert 

Gilsfilling to Jany. 18th 1805 52 75 

To the Town of Ilardwick for supporting & cloathing David 

Chamberlain to Deer. 29th 1804 ..... 62 

To Joseph Hodgkins keeper of the House of Correction in 
the town of Ipswich for supporting and cloathing sundry 
paupers to ,Iany. 18th 1805, including funeral charges 
for a man Name unknown 287 62 

To Oliver Hartshorn Keeper of the Goal in Boston for sup- 
porting John Searl, Thomas Lewis and George Adams 
poor debtors to Feby. 20th 1805. And Charles Johnson, 
Richard Cheats, William Hetcher, Charles Lee and John 
Ansse to Feby. 25th 1805 162 

To Caleb Haskell, for doctoring the states poor in the town 

of Charleston to Jany. 21st 1805 5163 

To the Town of Hopkinton for suppoi'ting and cloathing 

James Roach to Feby. 11th 1805 52 

To the Town of Haverhill for boarding, doctoring, and 
funeral charges, for Joseph Holland and Daniel Web to 
their deaths, and boarding and Cloathing Philip Shea to 
March 19th 1804 133 59 

To the Town of Holliston for boarding, & Cloathing Silence 

Cook to Feby. 25th 1805 76 50 



Resolves, 1804. — January Session. 389 

Dolls. Cts. 

To the town of Hamilton for boarding, cloathino^. Nursing 

and doctoring Molly Mackereff, to Feby. 1. l«Uo, . . 115 36 

To the town of Hadley for boarding, cloathing, doctoring 

& Nursing George Andrews to Jany. 7th l8<»o . . 104 

To the Town of Hallowell for boarding & cloathing Rachel 
Comings, to Jany. 1st I8U5 and George P\'ost to the same 
time 160 50 

To the Town of Ipswich for supplies for John Obrian in- 
cluding Dr. Mannings bill to March 1st 180.) ... 21 68 

To the Town of ]y[e]yden for supporting and doctoring 

Jedidiah Fuller and family to Feby. 11th 18u5 . . 141 56 

To the Town of Lynn for boarding, cloathing and doctor- 
ing John Battis, Ebenezer Breed & Nancy Leonard to 
Feby 8th 1805 and John Brown, to August 12th 1804 . 133 19 

To the Town of Limington for boarding, cloathing & Nurs- 
ing John Orion to Jany. 7th 1805 61 91 

To the Town of Lunenburgh for boarding & cloathing 
Simon Cox to Octr. 17th 1804 and John Kelly to Jany. 
13th 1805 & George \V. Chute to Jany. loth 1805. . . 103 82 

To the Town of Linco[^]nville for boarding, cloathing & 
doctoi-ing Issabella Woodbury & Alexander White to 
Jany. 26th 1805 130 26 

To the Town of Lenox for boarding & cloathing Abraham 

Palmer and son, and Christian Crow to Jany. 24th 1805 . 114 2 

To the Town of Lecester for boai'ding. Nursing & doc- 
toring David Green to September 14, 1804 ... 26 59 

To the Town of Lincoln for boarding and cloathing Thomas 

Pocok to Feby. 1st 1805 72 40 

To the Town of Littleton for boarding, Nursing & doctor- 
ing Jonathan G. Davis to his death including funeral 
expences — and Supi^lies for Richard Crouch to Feby. 
12th 1805 85 83 

To the Town of Long-Meadow for supplies for John 
Spendler & wife to Jany. 21st 1805 and boarding. Nurs- 
ing & doctoring Hannah Melross to Jany. 2oth 1805 . 84 45 

To the Town of Lancaster for boarding, cloathing & doc- 
toring, Pedro Marshall to his death including funeral 
charges 36 55 

To the Town of Mendon for boarding, clothing & doctor- 
ing Polly Dixon to the time of her death including 
funeral charges, and Robert Ellison to Novr. 25th 1804 
«fe John Hunt to Jany. 10th 1805 142 98 

To the Town of Maiden for boarding. Nursing & doctor- 
ing Mary, a black woman to her death including funeral 
chai'ges 35 

To the Town of Milton for Supporting Thomas Webster 

to Feby. 5th 1805 87 72 

To the Town of Medway for boarding & clothing Benja- 
min Palmer to ]\Iarch 9th 1804 20 54 

To Marshpe Plantation for boarding & clothing Catharine 
Asher, Elizabeth Isaacs. Silvee Linsey and Quash Bulkin 
to Jany. 10th 1805 and George Holmes to the time of his 
death including funeral charges . . . . 404 

To the Town of Marblehead for boarding. Clothing & doc- 
toring sundry j^aupers, to Feby. 6th 1805 including 
funeral charges for Richard Thompson .... 430 17 

To the Town of Marlborough for boarding, clothing & 

doctoring Joseph Waters to Feby. 2d 1805 ... 71 3 



390 Resolves, 1804. — January Session. 

Dolls. Cts. 

To the Town of Manchester for boarding & cloathing 

Thomas Douglass & Caty Grovely to Feby. 2d 1805 . 125 74 

To the Town of Methuen for supjjlies for Thomas Pace to 

Feby. 14th 1805 including Doctrs bill . . . . 53 45 

To the Town of Newton for boarding & cloathing William 

Buzzard to Feby. 4th 1805 81 20 

To the Town of Newbury for boarding, cloathing, doctor- 
ing & nursing sundry paupers, to Jany. 1st 1805, includ- 
ing funeral charges for John McKemick . . 799 27 

To the town of North-Hampton for boai'ding cloathing & 
doctoring William Welsh, Patience & Frederic Smith, 
and supplies for John Ellis to Feby. 1st 1805 . . . 117 4 

To the town of New-Salem for supporting Olive Bedient 

& Children including Nursing to Jany. 15th 1805 . . 40 

To the Town of Northboiough for boarding, clothing & 

doctoring William Lincahan to Feby. 6th 1805 . . 63 36 

To the Town of Northfield for boarding & clothing Neil 

McArther to Jany. 12th 1805 112 

To the Town of North-Yarmouth for boarding, clothing & 

doctoring William Elwell to Jany. 1st 1805 ... 98 86 

To the Town of Nantucket for boarding, cloathing Nurs- 
ing & doctoring Hannah Gray, Casto, James Plato, & 
Vinah his wife, Dickey and Fillis his wife, to Jany. 15, 
1805 196 30 

To the Town of Newbury-Port for boarding, clothing Doc- 
toring & Nursing Sundry state Paupers to Deer. 31st 1805 
including funeral charges for Anna Raymond & John 
Pierce 1149 69 

To the Town of Oxford for boarding & clothing Catharine 

Jordan to Jany. 1st 1805 58 84 

To the Town of Plymton for boarding, clothing & doctor- 
ing, Simon Brow to March 22d 1x04 including funeral 
charges, and Hannah Mitchill to April 2d 1804 . . 174 1 

To the Town of Pittsfield for boarding and clothing Mary 
Welch to Jany. 12th 1805 and for boarding. Nursing, 
doctoring & burying Fortune Gomer .... 87 89 

To the ToAvn of Pepperrilboro for boarding, clothing and 
Nursing Elizabeth Carew to the time of her death in- 
cluding funeral charges 23 

To the Town of Palmer for boarding, clothing & doctoring 

William Mendora to Jany. 8th 1805 .... 45 42 

To the Town of Portland for boarding, cloathing & doc- 
toring, sundry paupers to Jany. 1st 1805 . . . 686 25 

To the Town [o/] i'lymouth for boarding. Nursing & Doc- 
toring John Convail to March 21st 1805 . . . . 21 56 

To the Town of Rowley for boarding, clothing doctoring 
& Nursing, Hannah Harris & EUe Collins to Jany. 1st 
1805 61 1 

To the Town of Roxbury for boarding, clothing. Nursing 

& doctoring sundry paupers to Jany .Sd 1805 . . . 252 20 

To the Town of Sutton for supporting Christopher Ambler 
to Feby. 1st 1805 including Doctors bills and funeral 
charges 105 40 

To the Town of Shirley for boarding and cloathing Simon 

Cox to Feby. Uth 1805 24 75 

To the Town of Salem for supporting sundry persons in- 
cludins: clothing, doctoring & funeral charges to Jany. 
1st 1805 . : . f . . . . . . 1096 79 



Resolves, 1804. — January Session. 391 



To the Town of St. George for boarding and clothing, 
Robert Hawes, & Elenor Mathers to Jany. 1st 1805 and 
William Long to May 23d 1804 116 74 

To the Town of Scituate for boarding & clothing Maiy 
Corlew to Feby. 3d 1805 and Ellis Bigsbee to Septr. 21st 
1804 102 71 

To the Town of Sharon for boarding, clothing and doctor- 
ing Stephen Flood to Jany. 24th 1805 . . . . 83 86 

To the Town of Springfield for boarding & clothing John 
Padley to Deer. 24th 1804 and Supplies for Hendreck 
Wilner to his death including funeral charges . . 93 88 

To the Town of Sandisfield for boarding clothing and doc- 
toring Susannah Ward & her three Children & remov- 
ing them out of the Commonwealth .... 54 10 

To the Town of Stoneham for supporting William Barton 

and Henry Clamrod to Jany. 16th 1805 . . . 75 40 

To the Town of Sherburn for Supplies for Benjamin 

Houghton to Jany 29th 1805 including Doctrs. bill . 45 26 

To the Town of Southwick for supporting George Reed to 

Jany. 1st 1805 57 20 

To the Town of Swansey for boarding, and cloathing 
Deborah Blinkina, Sai'ah Robbins child and Manuel 
Dusnips to Jany. 19th 1805 56 8 

To the Town of Stockbridge for boai'ding, clothing, Nurs- 
ing doctoring Samuel Haney, Joseph (^rant Sarah Hos- 
ford, Mary Kinsley, Suley and Pute his wife & Peggy 
Robbins to Deer. 1st 1804 215 81 

To the Town of Stoughton for boarding, Nursing & doc- 
toring Henery Ash to Deer. 2Uth 1804 . . . . 13 69 

To the Town of Scarboi'ough for boarding & Nursing 
Cornelius Perrey fi'om May 6th 1804 to the time of his 
death including funeral charges 17 4 

To the town of Tbpsham for boarding, Nursing and funeral 

charges for VoUentine Egen 17 

To the Town of Tyi'ingham for boarding & clothing Ralph 
Way to Jany. 1st 1«05 and Anna Webster, & family to 
the same time 110 22 

To the Town of Troy for boarding & clothing Francis 

Brow to Feby. 21st 1805 101 

To the ToAvn of Uxbridge for boarding and clothing Betty 

Trifle & David Mitchel to Jany. 18th 1805 ... 214 20 

To the Town of Wrentham for boarding, clothing & doc- 
toring Peggy Taylor to April 2d 1804 and Betsey Taylor 
to Jany. 1st 1805 and Comfort Lawton to Octr. 1st 
1804 131 61 

To the Town of Watertown for boarding, and nursing John 

Mason to the time of his leaving the Commonwealth . 15 

To the Town of Wilmington for boai'ding and clothing 

Rosanna a Negro girl to Feby. 1805 .... 60 81 

To the Town of Warren for supporting Willm. Moarman 

to Jany. 4th 1805 52 

To the Town of Westport for boarding & clothing Patience 

Sydnal to Jany. 23d 1805 25 27 

To the Town of Winthrop for boarding and cloathing Wil- 
liam Gaskell to Jany 2d 1805 62 98 

To the Town of Walpole for boarding, clothing & doctor- 
ing & Nursing Sally Davis to Jany. 1st IHO.'i and John 
Hancock to his death includino- funeral charofes . . 98 41 



392 Resolves, 1804. — January Session. 

Dolls. Cts. 

To the Town of Western for boarding & clothing John 

Swaney, to Jany, 20th 1805 62 22 

To the Town of Westborough for boarding clothing & doc- 
toring John Scudemore to the time of his death including 
funeral charges 89 92 

To the Town of Williamstown for boarding, clothing & 
doctoring Morris Fowler, & Rachel Galutia to Jany. 
30th 1805 116 22 

To the Town of Windsor for boarding & clothing Henry 

Smith & wife to Jany. 16th 1805 69 83 

To the Town of Westfield for boarding, Clothing & doc- 
toring William Davis to Jany. 1st 1805 .... 68 48 

To the Town of West-Springfield for boarding, clothing & 
doctoring William Bell, Anna Pattee, Godfrey Wagoner 
& Sarah Felt & her two Children to Jany. 11th 1805 . 185 59 

To the Town of West-Stockbridge for boarding clothing 
& doctoring Elizabeth Durfy, Jane Clark & Lucy Lane 
to Jany. 1st 1805 151 78 

To the Town of Worcester for boarding, clothing & doc- 
toring Peter Willai'd, Jack Melvin, Luke Duflfy & Wil- 
liam joblin to Jany. 1st 1805, & Joseph King to his 
death, including funeral charges 190 25 

To the Town of Wareham for boarding & clothing Alex- 
ander Frazier to Feby. 14th 1805 82 68 

To the Town of Wiscassett for boarding, Nursing & Doc- 
toring John Gibson to August 23d 1804 the time when 
he went out of the Commonwealth 43 37 

To the Town of Yox-k for boarding and clothing Edward 
Perkins, and wife, Mrs. Crocker, Jacob Bickum and Mary 
Perkins and Edward Voudy to Jany. 8th 1805 . . 176 20 



Total 20637 74 

Militia Accounts. 

Courts Martial § Courts of Enquirey, ^c. 

Dolls. Cts. 

To William Donnison for his services as Adjutant General 
to Jany. 1st 1805 633 33 

To Ezekiel Day for expences of a Court Martial held at 
Gor[A]am on the 10th of July 1804 whereof Col. Isaac 
Lane was President 35 17 

To George Blanchard for Expences of a Court Martial held 
at Dedham, Septr. 1804, whereof Col. Arnold Wells was 
President 137 91 

To a Court of Enquirey held in April 1804 whereof Gen- 
eral Israel Fearing was President 43 48 

To Seth Field for Expences of a Court of Enquirey held 
at Brookfield June 28, 1804, whereof Samuel Nelson was 
President 92 45 

To Amos Holbrook for the Expences of a Court of En- 
quirey held at Pittsfield Septr. 29th 1804, whereof he 
was President 17 63 

To Samuel M. Thayer for the Expence of a Court Martial 
held at Boston June 1804 whereof Majr. General Ebenr. 
Mattoon Junr, was President 436 87 



Eesolves, 1804. — January Session. 



393 



Dolls. Cts. 

To William P. Rider for the Expence of a Court Martial 
held at Oakham May 1804 whereof Col. John Davis was 

President 148 94 

To Benjamin Barratt for his services as a Member of a 
Comt Martial, held at Sturbridge in April 1800, not 

allowed before, thi-ough Mistake 2 

Aid-de-Gamps 8j Brigade Majors. 

To James Ayers for his services to Feby. 1805 ... 46 89 

To George Blanchard for his services to Feby. 1st 1805 . 38 38 

To Jeremiah Clapp for his services to Feby. 27th 1805 . 145 96 

To Stephen Dewey for his services to Jany. 15th 1805 . 34 25 

To Ezekiel Day for his services to Jany. 14th 1805 . . 62 40 

To Jacob Fisher for his services to Deer. 4th 1804 . . 65 50 

To Samuel Howard for his services to Jany. 1st 1805 . 128 64 

To Nathan Howard for his services to Jany. 20th 1805 . 38 

To Josiah Harris for his services to Deer. 3 1st 1804 . . 61 5 

To William Jeffords for his services to Jany. 1st 1805 . 122 80 

To William Jackson for his services to Jany. 1st 1805 . 26 79 

To Sylvester Osborn for his services to Feby. 8th 1805 . 45 48 

To Joseph Pierce for his sei-vices to Jany 19th 1805 . 20 40 

To William P. Rider for his services to Jany. 2d 1805 . 45 75 

To William Seaver for his services to Deer. 12th 1804 . 42 28 

To Erastus Smith for his services to Feby. 8th 1805 . . 60 44 

To Samuel M. Thayer for his services to Feby. 28th 1805 . 80 30 

To Seth Tinkham for his services to Jany. 1st 1805 . . 92 88 

To Robert Wheeler for his services to Jany. 1st 1805 . 51 87 

Adjutants. 

To Elijah Alvord for his services to Jany. 12th 1805 . . 18 85 

To Jacob Bishop for his services to Jany. 1st 1805 . . 15 79 

To Willard Boyd for his services to Jany. 1st 1805 . . 72 58 

To John Beal for his services to Feby. 15th 1805 . . 24 32 

To Joseph Brigham Junr. for his services to Feby. 10th 1805 11 79 

To George Bass for his services to Feby. 11th 1805 . . 90 63 

To Amos Bordman jr. for his services to Jany. 1st 1805 . 19 27 

To George Blake for his services to Jany. 1st 1805 . . 27 68 

To William Bridge for his services to Feby. 6th 1805 . 27 60 

To Abner Burt for his services to Jany. 1st 1805 . . 10 37 

To Henry C. Brown for his services to Jany. 1st 1805 . 22 47 

To Samuel Clark for his services to Feby. 13th 1805 . . 33 68 

To Elias Clough for his services to Jany. 25th 1805 . . 11 53 

To Nathaniel Chiever for his services to Jany. 10th 1805 . 26 9 

To Samuel Cooledge for his services to Jany. 30th 1805 . 12 14 

To Isaac Dana for his services to Feby. 5th 1805 . . 12 77 

To Walter Dickson for his services to Feby. 1st 1805 . 22 85 

To Russel Dewey for his services to Jany. 1 st 1805 . . 19 35 

To Jesse Davenport for his services to Jany 1st 1805 . 23 50 

To Paul Dudley for his services to Jany. 4th 1805 . , 16 64 

To Abraham Edwards for his services to Feby. 1st 1805 . 13 13 

To Robert Elwell for his services to Feby. 6th 1805 . . 38 66 

To Timothy Frost for his services to Novr. 21st 1804 . 1 1 66 

To Samuel Field for his sei-vices to Jany. 1st 1805 . . 10 80 

To Seth Field for his services to Jany. 1st 1805 . . . 16 

To William Gould for his services to Jany. 1st 1805 . . 28 40 

To Walter Hatch for his services to Feby. 15th 1805 . . 29 46 



394 



Resolves, 1804. — January Session. 



To Jacob Haskell for his services to Jany. 1st 1805 . 
To William Hight for his services to .Tany. 25th 1805 
To Timothy Hopkins for his services to Jany. 24th 1805 
To Ebenezer Heath for his services to March 1804 . 
To Epaphras Hoyt for his services to Jany. 1st 1805 . 
To Christopher Hurlburt for his services to Jany. 1st 1805 
To Amos Jones for his services to Jany. 1st 1805 
To Cyrus Keith for his services to Jany. 1st 1805 
To Joseph Kellogg for his services to Feby. 11th 1805 
To Nathaniel Libbey for his services to Jany. 1st 1805 
To Benjamin Lincoln for his services to Deer. 24th 1804 
To John Merrill for his services to Septr. 14th 1803 . 
To Tilly Mead for his services to Octr. 1804 
To Abel Merrill for his services to Jany. 1st 1805 
To Joseph Morse for his services to Jany. 1st 1805 . 
To Noah D. Mattoon for his services to Jany. 14th 1805 
To Herbert Moors for his services to Jany. 2d 1805 . 
To Silvester Maxwell for his services to Septr. 27th 1804 
To John Nye for his services to Feby. 22d 1805 
To Hector Orr for his services to Jany. 1st 1805 
To Jeremiah Obrien for his services to Novr. 10th 1804 
To Daniel Osborn for his services to Jany. 1st 1805 . 
To Esaias Prebble for his services to Jany. 8th 1805 . 
To Abel Phelps for his services to Feby. 1st 1805 
To Daniel Philbrook for his services to Feby. 1st 1805 
To John Prince for his sei'vices to Feby. 1st 1805 
To William Pilsbury for his services to Jany. 1st 1805 
To Samuel Pingree for his services to Novr. 25th 1804 
To Seth Rose for his services to Jany. 1st 1805 . 
To Jotham Stewart for his services to Jany. 1st 1805 
To John Sargeant for his services to Jany. 29th 1805 
To Quartus Stebbins for his services to Jany. 1st 1805 
To Henry Sweeting for his services to Jany. lOth 1805 
To Festus Stebbins for his services to Jany. 1st 1805 
To Henry Sweet for his services to Deer. 25th 1804 . 
To Hazeltine Taft for his services to Jany. 1st 1805 . 
To Joseph Tucker for his services to Feby. 29th 1805 
To Salem Town Junr. for his services to Feby. 29th 1805 
To John Tucker for his services to Jany. 8th 1805 . 
To Ephraim Woodman for his services to Jany. 1st 1805 
To William C. Whitney for his services to Jany. 1st 1805 
To Joseph T. Wood for his services to Jany. 1st 1805 
To Jonathan White for his services to Jany. 1st 1805 
To William Wardwell for his services to Deer. 26th 1804 
To James Wight for his services to Jany. 10th 1805 . 
To Samuel D. Ward for his services to Novr. 1st 1803 
To Nathaniel Whittier for his services to Jany. 23d 1805 



Expence for horses to haul Artillery. 

To John Allen in full to November 12th 1804 . 
To Moses Burt in full to Jany. 1st 1805 
To Thomas Burrell in full to Octr. 4th 1804 
To John Carter in full to Jany. 20th 1805 . 
To Christopher Cushing in full to Feby 1st 1805 
To George Drew in full to Jany 25th 1805 
To Joseph Daw in full to Jany. 3d 1805 



Resolves, 1804. — January Session. 



395 



To Jesse Doffgett in full to Jany. 1st 1805 . 
To Thomas Danforth in full to Jany. 1st 1805 
To Pearley Hunt in full to Feby 20th 1805 . 
To David Hartshorn in full to Octr. 11th 1804 
To Increase Hewins in full to Deer. 6th 1804 
To Oliver Johonnot in full to Jany. 1st 1805 
To Abel Kendell in full to Jany. 1st 1805 . 
To James Lewis in full to Jany. 1st 1805 . 
To Elisha Livermore in full to Jany. 20th 1805 
To Otis Little in full to Jany. 1st 1805 
To James Locke in full to Octr. 4th 1804 . 
To John Mather in full to Jany. 31st 1805 . 
To Gershom Plimpton jr. in full to Jany. 1st 1805 
To John Robinson in full to Jany. 1st 1805 
To Joshua Russell in full to Jany. 1st 1805 
To Nathaniel Shaw in full to Feby. 19th 1805 
To John Smith in full to Jany. 1st 1805 
To Barstow Sylvester in full to Jany. 9th 1805 
To Abijah Smith in full to Jany, 1st 1805 . 
To Samuel Smith in full to Jany. 1st 1805 . 
To Josiah Stone in full to Novr. 1st 1804 . 
To Clark Wilson in full to Jany. 12th 1805 
To Jonathan Wilson in full to Jany. 1st 1805 



Sheriffs'' Accounts. 

To Edmoncl Bridge in.full for hig seryices to Novr. 29th 1804 
To Bailey Bartlet in full for his services to Jany. 1st 1805 
To John Cooper in full for his services to Jany. 1st 1805 . 
To Joseph Dimmick in full for his services to Jany. 1st 1805 
To Ichabod Goodwin in full for his services to Jany. 1st 1805 
To John Gardner in full for his services to Jany. 1st 1805 . 
To Joseph Hosmer in full for his services to Jany. 1st 1805 
To Arthur Lithgow in full for his sei'vicesto Jany. 1st 1805 
To Zephaniah Leonard in full for his services to Feby. 4th 

1805 

To Ebenezer Mattoon in full for his services to Jany. 1st 

1805 

To George Partridge in full for his services to Jany. 1st 

1805 

To Benjamin Smith in full for his services to Jany. 1st 1805 
To John Waite in full for his services to Deer. 28th 1804 . 



Printers'' Accounts. 

To Phineas Allen for publishing Acts & Resolves to Jany. 

1st 1805 

To E. W. Allen for publishing Acts & Resolves to August 

1st 1804 

To Adams & Roads for publishing Acts & Resolves to 

Feby. 20th 1805 

To William Butlar for publishing Acts & Resolves to Jany 

1805 

To Henry Brewer for publishing Acts & Resolves in Spring 

field, to Jany. 1st 1805 



Dolls. Cts. 


12 


12 50 


5 


10 


10 


32 


5 


6 


7 50 


5 


5 50 


5 


5 


8 25 


5 


6 25 


32 


5 


4 50 


10 


12 


5 


10 


4583 26 


Dolls. Cts. 


[ 82 80 


> 22 88 


200 48 


) 38 40 


) 40 80 


64 80 


) 32 20 


) 134 50 



24 
36 



28 66 
42 62 
89 80 


837 


94 


Dolls. 


cts. 


16 


67 


16 


67 


16 


67 


'. 33 


33 


'16 


67 



396 



Resolves, 1804. — January Session^. 



To Galen & Fay for publishing Acts & Resolves to Deer. 
SOth 1804 

To Sewall Goodridge for publishing Acts & Resolves to 
Deer. 1st 1801 _ . 

To Youn^ & Minns printers to the Government, for print- 
ing finding paper &c. to March 12th 1805 



Convicts'' Accounts. 

To Joseph Barrett keeper of the Goal in Concord for diet- 
ing, cloathing & Nursing sundry Convicts to Feby. 21st 
18U6 . 

To Doctr. John Fleet Junr. for doctoring Convicts in the 
Goal in Boston to Feby. 26th 1805 . . . . _ . 

To Oliver Hartshorn keeper of the Goal in Boston for diet- 
ing & cloathing sundry Convicts to Feby. 20th 1805, in- 
cluding funeral charges for London Light 

To Nathan Heard keeper of the Goal in Worcester for diet- 
ing and clothing Eli Page to Jany. 26th 1805 . 

To Zephaniah Leonard keeper of the Goal in Taunton for 
clothing & dieting sundry Convicts to Feby. 4th 1805, 
including Advertizing, Reward, & expences in Appre- 
hending & Returning to said Goal George White one of 
said Convicts who broke said goal allowed by special 
order of the Genei'al Court 

To Dr. Joseph Hunt for Doctoring Convicts in the Goal in 
Concord to Jany. 2d 1805 . . ■ • • ■ • 



Miscellaneous JAccounts. 

To Henry Blaney for Materials and labour for Repairs on 
the State-House to Feby. 25th 1805 . . . . . 

To John Boyle for stationary supply^d Adjutant Generals 
office to Deer. 31st 1804 

To John Chandler for his services as surveyor in the Ser- 
vice of Government to Jany. 1st 1805 . . . . 

To Samuel Freeman for a Record Book provided for keep- 
ing the Records of the Supreme Court holden in County 
of Cumberland August 1st 1804 

To Timothy Goodwin for sundry Articles delivered for 
repaii's and use of the State house to March 1st 1805 

To William Gale Messenger to the Governor & Council, 
after deducting one hundred dollars Granted him by the 
General Court 

To Jonathan Hastings for postage of public Letters to 
Deer. 31st 1804 

To Jonathan Jackson, Jr. Esqr. for sundries paid for by 
him, for the use of his Office and for the Common- 
wealth's Standard of Weights &c. to March 2d 1805 

To William Smith & the Heirs of Peleg Coffin Esqr. for 
examining, & adjusting the Treasurers accounts to June 
1st 1804 

To Thomas S^^ear for his sei'vices in keeping the State 
Hospital on Rainsford Island to Feby. 14th 1805 . 



Dolls. 


Cts. 


16 


67 


16 


67 


873 


28 


1006 


63 


Dolls. 


cts. 


'. 309 94 


26 




1067 


84 


59 


30 



308 65 


27 


1798 73 


Dolls. Cts. 


220 18 


114 


34 37 


8 


46 35 


'. 2 3 


50 43 



283 78 

70 
44 44 



Resolves, 1804. — January Session. 397 

Dolls. Cts. 

To Ephraim Thayer for Repairs for the State House to 

Feby. 13th 1806 31 75 

To Underwood & Sprague for Repairs for the State House 

to Jany. 13th 1805 13 22 

To J. White & Co. for stationary for the General Court & 

Secretaries Office to Feby. 2d 1805 136 5 

To John & Benjamin Wells for Copper Pipes & Trunks 
and other Materials, and for services in Repairing the 
State House & well, to Feby. 27th 1805 . . . . 203 55 

To Josiah Wheeler for Materials, and his services in Mak- 
ing improvments & Repairs on the State House to Feby. 
8th 1805 108 8 

To West & Greenleaf for stationary supply'd the Treas- 
urers Office to Jany. 31st 1805 29 95 

To B. & J. Loring for binding books &c. for the Secretaries 

Office & General Court to Deer. 20th 1804 ... 45 25 

To Daniel Cowing for assisting the Messenge[r] to the 

General Court fifty four days 94 50 

To Sylvanus Laphara for assisting the Messenger to the 

General Court fifty five days 96 25 



1632 18 



Aggregate of Roll No. 52. 







Dolls. Cts. 


Expence 


of State Paupers 


. 20637 74 


do. 


Militia 


. 4583 26 


do. 


Convicts 


. 1798 73 


do. 


Sheriffs 


837 94 


do. 


Printers 


. 1006 63 


do. 


Miscellaneous 
il Amount, . . ; 


. 1632 18 


Tots 


. 30496 48 



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 corpo- 
rations and persons respectively, amounting in the whole 
to Thirty Thousand four hundred and Ninety six dollars, 
forty eight cents the same being in full discharge of the 
Accounts and demands to which they refer. 

March 15, 1805. 



ACTS 



AND 



LAWS 



OF THE 



COMMONWEALTH 



OF 



MASSACHUSETTS. 



BOSTON : 

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

MDCCCV. 



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 THE TWENTY-NINTH DAY OF 
MAY, ANNO DOMINI, 1805. 



1805. — Chapter 1. 

[May Session, ch. 1.] 



AN ACT TO AUTHORISE HENRY TUCKER AND HIS ASSOCIATES, 
TO BUILD A BRIDGE OVER A SALT CREEK, A BRANCH OF 
APONEGANSET RIVER, IN THE TOWN OF DARTMOUTH. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court asseinhled, and by the authority of 
the same, that Henry Tucker, and such others as have or 
may hereafter associate with him and them, be, and they 
are hereby permitted to build a bridge, over a Salt-water 
Creek, which is a branch of the River called Apponegan- 
set, in the town of Dartmouth, in the County of Bristol : 
provided, that the said Bridge shall always be free, and 
no Toll shall ever be demanded of any passenger for pass- 
ing the same. Approved June 14, 1805. 

1805. — Chapter 3. 

[May Session, ch. 2.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
IN THE TOWN OF FITCHBURG, IN THE COUNTY OF WORCES- 
TER, INTO A RELIGIOUS SOCIETY, BY THE NAME OF "THE 
CALVINISTIC CONGREGATIONAL SOCIETY IN FITCHBURG." 

Whereas the Congregational Church in Fitchburg , lately Preamble. 
under the Pastoral care of the Reverend Samuel Worcester, 
now under that of the Reverend Titus T. Barton, together 
with those who meet with said Church for the Worship of 
God, have petitioned this Court to be incorporated into a 
Distinct religious Society, for the reasons expressed in their 
petition, and it appearing reasoriable to this Court that the 
prayer thereof be granted : 



402 



Acts, 1805. — Chapter 2. 



Incorporating 
clause. 



Corporate 
name. 



Method of 
joining or leav- 
ing the society. 



Provision for 
persons who 
may hereafter 
settle in Fitch- 
burg. 



Method of join- 
ing society for 
persons twenty- 
one years of 
age. 



Meeting for the 
choice of 
officers. 



Sec. 1. Be it therefore enacted by the Senate and 
House of Representatives, in General Court assembled, and 
by the autliority of the same, that the Church aforesaid, and 
such inhabitants of the town of Fitchburg, as meet with 
them for the Worship of God, with their polls and estates, 
be, and hereby are incorporated into a Society by the 
name of ' ' The Calvinistic Congregational Society in Fitch- 
burg," with all the powers, priviledges and immunities 
which other religious Societies in this Commonwealth are 
entitled to by Law, they paying the taxes that have already 
been assessed upon them for the support of public Worship. 

Sec. 2d. Be it further enacted, that any of the In- 
habitants of the town of Fitchburg, who may desire to 
join said Society, shall have full Liberty thus to do at 
any time previous to the first day of January one thousand 
eight hundred & Six ; provided they signify, in writing 
under their hand to the Clerk of the said Society, their 
wish and determination of being considered as members 
of said society ; and they shall accordingly be recorded 
as such by the Clerk of the said Society. And any mem- 
ber of said Society shall have the right to leave the same 
at any time before the first day of January One thousand 
eight hundred & six, by leaving a written determination 
with the Clerk of said Society, whose duty it shall be to 
record the same, and such member shall thence afterwards 
be considered a member of the Society to which he origi- 
nally belonged. 

Sec. 3d. Be it further etiacted, that if any person who 
may hereafter settle within the limits of said Town shall 
be desirous to join the Society aforesaid he shall have full 
Liberty to do it any time within twelve months from his 
settlement in the town, by signifying his determination of 
the same, in the manner pointed out in the second Section 
of this Act. 

Sec. 4th. Be it further enacted, that all young per- 
sons within the limits of the town aforesaid, when they 
become twenty-one years of age, 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 of the said Societies, by signifying their 
determination in writing to the Clerk of the Society they 
may desire to join. 

Sec. 5. Be it further enacted, That Joseph Fox, Esqr. 
or any other Justice of the Peace in the County of 



Acts, 1805. — Chapters 3, 4. 403 

Worcester, be, and he h hereby authorised to issue his 
warrant, directed to some member of the said Calvinistic 
Congregational Society, requiring him to warn the mem- 
bers of the said Society, qualified to Vote in parish affairs, 
to assemble at some convenient and 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 June 14, 1805. 

1805. — Chapter 3. 

[May SessioD, ch. 3.] 

AN ACT TO ENCOURAGE THE ESTABLISHMENT OF A COTTON 
MANUFACTORY [IN] IN THE TOWN OF REHOBOTH. 

Be it enacted by the Senate and House of Representa- 
lives in General Court assembled, and by the authority of 
the same, That all the buildings which are or may be erected Buildings, &c., 
within said town of Rehoboth, by Eliphalet Slack, Oliver taxation. 
Starkweather, Ebenezer Tyler the 2nd, Elijah Ingraham 
and others, for the purpose of Establishing a Cotton Manu- 
factory in said Town, and all the Materials and Stock to 
be employed in the Manufacture of Cotton be and they are 
hereby exempted from Taxes of every kind for and during 
the term of five years, from and after the passing of [of] 
this Act and no longer. Approved June 14, 1805. 

1805. — Chapter 4. 

[May Session, ch. 4.] 

AN ACT TO DETERMINE THE TIME OF HOLDING THE COURTS OF 
GENERAL SESSIONS OF THE PEACE WITHIN AND FOR THE 
COUNTY OF HAMPSHIRE. 

Sec 1. Be it enacted by the Senate and House of Rep- 
resentatives, in General Court assembled, and by the author- 
ity of the saine. That from and after the passing of this Act New terms, 
there shall be two Terms of the Courts of General Sessions 
of the Peace holden at Northampton, within and for the 
County of Hampshire, annually, one to be holden on the 
first Monday after the fourth Monday in August, the other 
on the third Monday of January. 

Sec 2. Be it further enacted. That all processes, Mat- Business trans- 
ters, and things, returnable or continued to the Court of 



404 



Acts, 1805. — Chapter 5. 



General Sessions of the Peace by law to be holden at 
Northampton, within and for the County of Hampshire 
on the fourth Monday of August next, shall be returned 
to, continued, and have day, in Court, to be holden on 
the first Monday after the fourth Monday of August next. 
Sec. 3. Be it further enacted. That all Laws hereto- 
fore made to determine the time of holding the Courts of 
General Sessions of the Peace within and for the County 
of Hampshire, be, and hereby are repealed. 

Approved June 14, 1805. 



Preamble. 



Capital stock 
increased. 



Time for new 
Bubscriptioa. 



Meeting of joint 
stockholders. 



1805. — Chapter 5. 

[May Session, ch. 5.] 

AN ACT FOR UNITING THE MERRIMACK AND NEWBURY PORT 

BANKS. 

Whereas the respective Presidents, Directors and Com- 
panies of the Merrimack and Newbury Port Banks, have 
Petitioned this Court for authority to Unite the stocks of 
the said two Banks : 

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 for the purpose 
aforesaid, the stock of the Newbury Port Bank may be 
increased in the sum of Two hundred and fifty thousand 
Dollars ; and that the Stockholders of the Merrimack 
Bank for the time being shall have the exclusive right to 
subscribe the said sum, in proportion to the respective 
shares held by them individually at the time of said sub- 
scription. 

Sect. 2d. Be it further enacted, that the presidents 
of the said two Banks may fix the time when the said sub- 
scription shall be made, of which they shall cause public 
notice to be given in the Newbury port Herald. 

Sect. 3d. Be it further enacted, that on the days 
suceeding the said subscription, there shall be held, at 
such place in Newbury Port as shall be appointed, by the 
said Presidents, a meeting of the stockholders of the said 
joint stock, at which meeting there shall be chosen Nine 
Directors of the said Newbury Port Bank, who shall con- 
tinue in Office until the first Monday in October next, on 
which day, and on the same Day thereafter, annually, 
there shall be a Meeting of the said Stockholders, & a 
number of Directors shall be chosen, not exceeding nine, 



Acts, 1805. — Chapter G. 405 

nor less than seven, and a majority of the directors for 
the time being shall constitute a Quorum for the transaction 
of Business. 

Sect. 4th. Be it further enacted, that from and after Merrimack 
the said Subscription, the President and Directors of the no further 
Merrimack Bank shall make no further loans or discounts. '°""*" 

Sect. 5th. And be it further enacted, that when exe- in case of ex. 

,.,,,. "-^-TT J T • i_ ecutions issued 

cution shall issue upon any Judgment recovered against against the 
the President, Directors and Company of the Newbury Ba^k!""^^^"" 
Port Bank, and shall be returned unsatisfied in the whole 
or in part, the Plaintiff may sue out a Scire facias against 
such persons who were President & Directors of the same 
Bank, at the commencement of the original Action and 
are living;, to have execution a2:ainst their goods and 
estate, & for want thereof upon their bodies, and execu- 
tion shall be awarded accordingly, with customary dam- 
ages and costs, unless the Defendants can shew that the 
said Judgment is satisfied, or that the transactions of the 
said Bank have been conducted and managed with fidelity, 
prudence, and Discretion. Approved June 14, 1805. 

1805. — Chapter 6. 

[May Session, cb. 6.] 

AN ACT TO CONTINUE IN FORCE, AN ACT ENTITLED "AN ACT 
TO INCORPORATE SUNDRY PERSONS BY THE NAME OF THE 
PRESIDENT AND DIRECTORS OF THE NANTUCKET 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 the Act entitled "an Act to Former acts 
Incorporate sundry persons by the Name of "the Presi- °o°"°"«d. 
dent and Directors of the Nantucket Bank " — which passed 
the twenty-seventh day of February, in the Year of our[e] 
Lord One thousand seven hundred and ninety five ; also 
one other act, entitled " an Act in addition to an Act, en- 
titled " an Act to Incorporate sundry persons by the Name 
of " the President and Directors of the Nantucket Bank," 
Avhich passed the first day of March, in the Year of Our 
Lord One thousand seven hundred and ninety seven, be, 
and are hereby continued in full force and efiect, untill 
the last Monday of March, which will be in the Year of 
Our Lord, One thousand eight hundred and six. 

Sect. 2d. Provided however and Be it farther enacted, 
that from and after the first day of July next the said Cor- issue of gmaii 
poration shall not issue any Bank Bills of a less denomi- ^'"* '^**"^ "^'^ 



406 



Acts, 1805. — Chapter 7. 



Original amount 
of altered notee 
to be paid. 



Bank may be 
taxed. 



Commonwealth 
may subscribe 
to capital stock. 



Money to be 
loaned Com- 
monwealth 
when required. 



nation than five Dollars, nor any intermediate bills between 
five and ten Dollars, and thence decimally ; nor shall make 
any loan upon Monies actually deposited in said Bank for 
safe-keeping. 

Sect. 3d. Be it further enacted^ that the said Corpo- 
ration shall be liable to pay any bona fide holder, the 
original amount of any note of said Bank, altered in the 
course of its circulation to a larger amount, notvs^ithstand- 
ing such alteration. 

Sect. 4th. 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. 

Sect. 5th. 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 
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. 6th. Be it further enacted, that whenever the 
Legislature shall require it, the said Corporation shall loan 
to the said Commonwealth, any sum of Money, not exceed- 
ing twenty thousand Dollars, reimbursable at five annual 
instalments, or at any shorter period, at the election of 
said Commonwealth, with the annual payment of Interest, 
at a rate not exceeding five per centum. — Provided how- 
ever, that said Commonwealth shall never at any one time, 
stand indebted to the said Corporation, without their con- 
sent, for a larger sum than Twenty thousand Dollars. 

Approved June 14, 1805. 



Certain oflScial 
acts made valid, 



1805. — Chapter 7. 

[May Session, ch. 7.] 

AN ACT IN ADDITIOIJ TO AN ACT, ENTITLED " AN ACT TO IN- 
CORPORATE A PART OF THE COUNTIES OF YORK & CUMBER- 
LAND INTO A SEPARATE COUNTY, BY THE NAME OF OXFORD." 

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 official acts done before 
the first day of May, in the year of our Lord one thousand 
eight hundred and five, by civil and all other Officers of 
the Counties of York and Cumberland, then living in those 



Acts, 1805. — Chapter 8. 407 

parts of said Counties wliicli are now incorporated into a 
seperate County by the name of Oxford, be, and are hereby 
confirmed and made valid to all intents and purposes, as 
though the said County of Oxford had not been incorpo- 
rated. 

Sec. 2d. AjuI be it furtlier enacted. That all business Provision re- 
commenced in the probate Courts of the said Counties of butinTsir" 
York and Cumberland respectively, before the incorpo- 
ration of said County of Oxford, sball be completed by the 
same Courts, and in the same manner, as though the said 
County of Oxford had not been incorporated. 

Sec. 3d. Be it further enacted. That the person ap- provision reia- 
pointed, or who may be appointed by the Justices of the courtVf ^'^'^ ° 
Court of Common Pleas of said County of Oxford, to dis- t^^ommon pieas. 
charge the duties of a Clerk of said Court, shall be author- 
ized to discharge the said duties, untill a Clerk of said Court 
shall be appointed by the Supreme Judicial Court ; and 
shall commence the discharge of the duties of said Office ; 
And the acts and doings of the person appointed, or to be 
appointed by the Justices of said Court of Common Pleas, 
as Clerk of said Court, shall, during the time he is hereby 
authorized to discharge the duties of said Office, be good 
and valid to all intents and purposes. 

Sec. 4th. Be it further enacted, That all Officers in Prisoners to be 
the said County of Oxford, having authority to commit jaii in cumber- 
prisoners to Jail, shall be authorized, for the term of two '*° °* 
years, to commit their prisoners to any Jail in the County 
of Cumberland ; and the keeper of the Jail in said County 
of Cumberland, is hereby authorized and required to re- 
ceive and detain such prisoners. Provided nevertheless. 
That the consent of the Justices of the Court of General 
Sessions of the peace for the County of Cumberland, shall 
first be obtained thereto ; and that no expense or damage 
shall accrue therefrom to the County of Cumberland. 

Approved Juyie 14, 1805. 

1805. — Chapter 8. 

[May Session, chi. 8.] 

AN ACT TO INCORPORATE SUNDRY PERSONS BY THE NAME OF 
"THE LITTLE HARBOUR CORPORATION, IN MARBLEHEAD." 

Whereas Thomas Mkins, William Stores/, Ralph Hill Preamble. 
French, Stephen 8wett, Nathaniel Hooper, Robert Hooper^ 
John Brown, William Reed, and John D. Dennis, havBy 



408 



Acts, 1805. — Chapter 8. 



Persona 
incorporated. 



Corporate 
name. 



Rates of dock- 
age. 



in their petition to this Court, represented that the common 
harbour in Marblehead is very dangerous, and that Vessels 
at anchor there are very insecure from its exposure to 
violent Easterly Winds, and that Little Harbour, so called, 
in said Marblehead, might be made a very safe and con- 
venient harbour, or bason for the Docking of Vessels, and 
have in their said petition prayed for an Act of incorpo- 
ration, to enable them to improve the said Little Harbour 
for the purposes aforesaid; and it appearing that such an 
institution, under suitable regulations, may be very advan- 
tageous, to the Trade and commerce of that place. 

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 said Thomas Elkins and 
Others before-named, and their associates, successors, and 
assigns, shall be, and they hereby are created a body 
politic and Corporate, by the name of "The Little Har- 
bour Corporation in Marblehead ", and by the name afore- 
said may sue and be sued, to final judgment and execution, 
and may plead and be impleaded in any Court of Record, 
and in any other place whatever, and may have a common 
seal, and exercise and enjoy all the rights and powers which 
are by law incident and belonging to similar corporations, 
for the purpose of improving the said Little Harbour, to- 
gether with all the flats, waters, entrances, and privileges 
comprized between Doliber's Point, so called, on the 
North, and Gerry's Island, so called, on the South, and 
thence over the Bar, from Gerry's Island to the main land, 
to the town's high- way, inclusive of all the flats & waters, 
to the point first mentioned, to use and improve the same 
in such a manner, as shall render the same a safe and con- 
venient bason, or Dock for the reception & safe lodgement 
of Vessels, and for keeping the same in repair; and also 
to establish and put in execution, such by-laws & regula- 
tions as to them shall seem necessary and convenient for 
the government of the said Corporation & the prudent 
management of their affairs. — Provided such by-laws be 
in no wise contrary to the Constitution & Laws of this 
Commonwealth : and the said Corporation shall always be 
subject to the rules, limitations, & provisions, herein pre- 
scribed. 

Sec. 2. Be it further enacted. That when the said 
Little Harbour, shall be made & completed, as a safe & 
convenient bason or Dock, then the said Corporation shall 



Acts, 1805. — Chapter 8. 409 

be authorised to extend a boom across the entrance thereto, 
and ^hall be entitled to receive from each Vessel entering 
the same, the following rates of toll or dockage, vizt. For 
every Vessel under fifty tons thirty cents per day ; from 
fifty & not above one hundred tons, forty cents per day ; 
from One hundred to One hundred & fifty tons, fifty cents 
per day ; from One hundred & fifty, to two hundred tons, 
sixty cents per day ; and from two hundred, to three hun- 
dred tons seventy cents per day. 

Sec. 3. Be it furtJier enacted. That if the said Corpo- Penalty for 

• » • ddlfiVlDfiT VG3- 

ration, their toll-gatherer, or any other person m their seu or exacting 
employment, shall unreasonably delay or hinder any Ves- '"^s**'*"'^- 
sel from entering the same, or shall ask or receive more 
toll or dockage than is by this Act allowed, the said Cor- 
poration shall forfeit and pay a sum, not exceeding Five 
hundred Dollars, nor less than fifty dollars, to be recover'd 
by any person so delayed or defrauded, before any Court 
in the County of Essex proper to try the same, in a special 
Action on the Case, the writ in which case shall be served 
on the said Corporation, by leaving an attested Copy 
thereof, with the Clerk, Treasurer, or any individual 
member of the said Corporation, fourteen days, at least, 
before the return day of said writ, and the said Clerk, 
Treasurer, or individual member shall be allowed to defend 
the said suit in behalf of the said Corporation. 

Sec. 4. Be it further enacted, That nothing in this Dockage for 

usiiin£r vGSScls 

Act shall be so construed, as to subject any Schooner or 
other fishing vessel, w^hich shall make said Dock a place 
of safety, for and during the usual time, not employed in 
the fishery in the Winter season, to any toll or dockage 
as aforesaid, but the owner or owners of such vessel or 
vessels shall severally pay Eighteen dollars, in lieu of 
toll or dockage, during the said term, to commence at the 
usual season, when fishing vessels are laid up for the 
Winter, which term shall continue to the middle of 
March ; and after the expiration of said term, such ves- 
sels shall be subjected to the same toll or dockage, as 
other vessels. 

Sec. 5. Be it further enacted; That said corporation corporation 
may purchase and hold any land or flats which may impede MdVow^an^d 
the prosecution of their said plan, paying to the person ^or^damages^'^ 
holding the same, such damages as shall arise from taking t^^ln^^ithout 
the same, which damages shall be estimated, as in cases of agreement. 
turnpike roads, where the same cannot be obtained by 



410 



Acts, 1805. — Chapter 8. 



Town allowed 
to take clay and 
gravel from the 
flats. 



First meeting. 



Directors, etc. 



Shares to be 
considered 
personal estate. 



Corporation 
may be die- 
Bolved when 
indemnified 
with interest. 



voluntary agreement. And whenever the rights and privi- 
leges of any person or persons, may be affected by the 
making of said Dock, the damages arising therefrom, shall 
be estimated by a Committee appointed by the court of 
Common Pleas for the County of Essex, saving to either 
party the right of Trial by Jury, according to the Law 
which makes provision for the recovery of damages, hap- 
pening to individuals, by the laying out of highways. 

Sec. 6. Be it further enacted^ That in consideration 
of the town of Marblehead having relinquished all their 
right, title, & interest, in and to the premises aforesaid, 
the said town shall be, and hereby are allowed, by their 
Surveyor of Highways, and as by him shall be thought 
expedient, annually to take from the flats aforesaid, clay 
and gravel, for the repairs of the Highways in said town, 
in as full and ample a manner, as though this Act had 
never been passed ; Provided the same be done in such 
a manner, as shall do no injury to the said Corporation. 

Sec. 7. Be it further enacted, That Thomas Elkins 
before named, be, and he is hereby authorised to call the 
first meeting of the said Corporation, by publishing a noti- 
fication thereof in one or more of the news papers, printed 
in Salem, ten days prior to said meeting; at which meet- 
ing the said Corporation may choose seven Directors, who 
are hereby authorised to appoint a Clerk, Treasurer, Dock- 
master, and such other oflicers as they may think expedient 
for regulating the concerns thereof; and may also then & 
there agree upon a method for calling future meetings. 
And such elections, and all other questions, shall be deter- 
mined by a majority of votes, reckoning one Vote to each 
share ; Provided that no Proprietor shall have more than 
ten Votes. And shares in the said Corporation shall be 
taken, deemed, and considered to be personal estate to all 
intent and purposes. And the said shares shall and may 
be transferable, and the mode of transfering said Shares 
shall be by Deed, acknowledged before any Justice of the 
Peace, & recorded by the Clerk of the Corporation in a 
book to be kept for that purpose. 

Sec. 8. Be it farther enacted, That the Legislature 
may disolve the said Corporation, whenever it shall appear 
to their satisfaction that the income arising from said toll 
or dockage, shall have fully compensated the said Corpo- 
ration for all their expences in purchasing, making, and 
keeping in repair the said Dock, together with an Interest 
thereon at the rate of twelve per centum per annum ; and 



Acts, 1805. — Chapter 9. 411 

thereupon the property of the said Dock, shall be vested 
in the said town of Marblehead, and be at their disposal, 
under the provisions and regulations of this Act. Pro- 
vided, that if the said Corporation shall neglect, for the 
space of three years, to make the said improvements, in 
the said Little Harbour, and to complete the same for a 
Dock as aforesaid, then this act shall be null and Void. 

Sec. 9. Be it further enacted. That as soon as may be Account of coBt 
after the said Dock shall be finished, the said Corporation nuaTetafemenu 
shall deposit in the Secretary's Office, an account of all »» ^e exhibited. 
the expences thereof; and shall also annually exhibit to 
the Governor & Council, an account of the income or 
dividend, arising from the said Dockage, with the neces- 
sary annual disbursements for repairs ; & the books of the 
Corporation, shall at all times, be subject to the exami- 
nation of a Committee of the General Court, and also of 
the Governor and Council when called for. 

Sec. 10. Be it further enacted, that the Stock or shares. 
property in the said Dock shall be held in shares, not 
exceeding One hundred & fifty, and shall be numbered in 
progressive order, beginning at number one, and every 
original holder shall receive a Certificate under the seal of 
the said Corporation and signed by the Treasurer & Clerk, 
certifying his property in such share as shall be expressed 
in said Certificate. 

Provided always, that nothing in this Act contained i^g°^eVwnefof 
shall be construed or operate to prevent the owner of Gerry's island. 
Gerry's Island, his heirs, associates, or assigns, from re- 
taining the same, or from adopting, and carrying into efiect 
a plan for docking vessels to the Southward and Eastward 
of the bar leading to his Island, and claimed as his prop- 
erty, and for constructing on the Southern side of said 
bar, Piers, Wharves, Stores and other accommodations, 
for his & their use and benefit forever, in as full a man- 
ner, as he would have had, if this Act had never passed. 

Approved June 14, 1805. 

1805. — Chapter 9. 

[Ifay Session, cb. 9.] 

AN ACT TO INCORPORATE CERTAIN PERSONS INTO A COMPANY 
BY THE NAME OF "THE SOUTH BOSTON ASSOCIATION." 

Sect. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
authority of the same, that William Tudor, Jonathan Persons incor- 

porated. 



412 



Acts, 1805. — Chapter 9. 



Corporate 
name. 



Corporation 
allowed to hold 
land, make 
Btreets, &c. 



Property to be 
divided into 
Bhares and held 
as personal 
estate. 



Mason, Harrison Gray Otis, Gardner Green, Gardner L. 
Chandler & John Smith being proprietors of a part of a 
tract of land in the town of Boston, formerly belonging 
to the ToAvn of Dorchester called Nook Hill, together with 
such of the proprietors of the residue of the said tract called 
Nook Hill as may hereafter associate with them and their 
successors and assigns being Citizens of the United States 
shall be and hereby are constituted a body politic & cor- 
porate by the name of "the South Boston Association", 
for the term of Ten Years and no longer, & the said cor- 
poration by the said name are hereby declared and made 
capable in law to sue and be sued to implead and be im- 
pleaded, to have a common seal and alter and renew the 
same at pleasure & to make rules and bye laws for the 
management and regulation of said Estate consistent with 
the Laws of the Commonwealth & generally to do & exe- 
cute w^hatever by law appertains to bodies politic. 

Sect. 2d. Be it further enacted that the said Corpo- 
ration be capable to have hold and possess such part of 
the said tract of land as may belong to the said proprie- 
tors named in this Act and of any others who may associate 
with them, and shall have power to make streets through 
the same, and divide it into lots, and to build walls to 
protect the same from the Sea, & to erect buildings 
thereon, and the said Corporate property or any part 
thereof to grant sell and alien in fee simple or otherwise, 
and to lease, exchange, manage and improve the same 
according to the will & pleasure of the proprietors or the 
major part of them present at any legal meeting to be ex- 
pressed by their Votes. 

Sect. 3d. Be it further enacted that said proprietors 
may at any legal meeting agree upon the number of shares 
into which said Estate shall be divided not exceeding five 
hundred, and upon the form of Certificates to be given to 
Individuals of the number of shares by them respectively 
held and upon the mode and conditions of transferring the 
same, which shares shall be held & considered as personal 
Estate, in the same manner that shares in Turnpike, Bridge 
and Canal Companies are by law held & considered ; the 
said proprietors shall also have power to assess upon each 
share such sums of money as may be deemed necessary 
for laying out, dividing, erecting walls & buildings, and 
generally for the improvement & good management of 
their said Estate agreeably to the true intent of this Act, 



Acts, 1805. — Chapter 9. 413 

& to sell and dispose of the share or shares of any delin- 
quent proprietor for the payment of assessments in such 
way and manner as said Corporation may by their rules 
and regulations determine and agree upon, provided how- 
ever that the value of buildings which may be owned by 
the said Corporation at any one time shall not exceed thirty 
thousand Dollars in Value exclusive of such as may be 
taken as security for Debts. 

Sect. 4th. Be it further enacted, that the property shares uaWe to 
of every individual member of said Corporation vested in 
said corporate fund or estate shall be liable to attachment 
& to the payment of his just debts in manner following, 
vizt. in addition to the summons by law prescribed to be 
left with the Debtor, a like summons shall be left with the 
Secretary or Clerk of said Corporation, & the debtors 
share or shares, in the Corporate funds shall be held 
thereby to respond said suit according to law, all transfers 
of the Debtor's shares in the said Corporate funds, not 
noted in the books of the Corporation previously to the 
delivery of such summons shall be barred thereby ; and 
execution may be levied on the property of any Stock- 
holder in the said Corporation, & his shares therein ex- 
posed to sale, in the same manner as is by law provided 
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 
[on,] with the Clerk or Secretary of said Corporation, 
and the purchaser shall thereupon be entitled to the recep- 
tion of all dividends and Stock, and to the same priviledges 
as a member of said Corporation, that the debtor was pre- 
viously entitled to & to none other. And it shall be the 
duty of the Secretary or Clerk to expose the books of the 
Corporation to the Officer so far as respects the number 
of shares said Debtor may own, & to furnish him with an 
Official Certificate of the number of shares owned by said 
Debtor. 

Sect. 5th. Be it further enacted that any two of the Krst meeting; 
proprietors may call the first meeting by advertizing the cers, etc. 
same in any one of the public Newspapers printed in Bos- 
ton, at least three days before the time of meeting & at 
that or any other meeting may elect a Moderator, Treas- 
urer, Clerk or other officers, and for such term of time 
not exceeding one Year as they may judge fit and the 
same at pleasure change or remove & in the choice of Offi- 



414 



Acts, 1805. — Chapters 10, 11. 



The rights of 
outeide proprie- 
tors not af- 
fected. 



cers or on any other occasion when it shall be required b}' 
a majority in value of the members present, the votes shall 
be given by shares, allowing one Vote to each share, pro- 
vided only that no member shall have more than ten votes. 
Sect. 6th. Be it further enacted, that nothing herein 
contained shall be deemed or construed to affect the right 
or estate of any proprietor of the said Tract who may not 
associate and become a member of the Corporation. And 
at the expiration of said term of ten Years all real estate 
then belonging to the said Corporation shall be vested in 
such persons as may then be members thereof and their 
respective heirs and assigns as tenants in Common in pro- 
portion & according to the number of shares which they 
may then hold ; Provided always that the said proprietors 
shall have power after the expiration of said Term to sue 
for & recover & divide in their Corporate Capacity all 
debts which may then be unpaid. 

Approved June 14, 1805. 



1805. — Chapter lO. 

[May Session, ch. 10.] 

AN ACT TO SET OFF WILLIAM PARKER, JUNIOR, FROM THE FIRST, 
AND ANNEX HIM TO THE THIRD PARISH IN READING. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same, That William Parker Junr. of Reading in the 
County of Middlesex, with his polls, and that part of his 
Estate, which lies within the line of the third Parish, be 
8c hereby is set off from the first, and annexed to the third 
Parish in Reading ; Provided the said Parker shall pre- 
viously pay his proportion of Taxes assessed upon him, 
and due to the said first Parish prior to the date of this 
Act. Approved June 15, 1805. 



porated. 



1805. — Chapter 11. 

[May Session, ch. 11.] 

AN ACT TO INCORPORATE THE PLANTATION CALLED BOSTWICK 
IN THE COUNTY OF OXFORD, INTO A TOWN BY THE NAME 



OF NEWRY. 



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

Representatives, in General Court assembled, and by the 

Newry incor- authority of the same, That the plantation heretofore called 

Bostwick, in the County of Oxford as described within the 



Acts, 1805. — Chapter 12. 415 

following boundaries, with the Inhabitants thereon, be, 
and they are hereby incorporated into a town, by the name 
of Newry, vizt. Beginning at the northerly corner of a Boundaries, 
tract of land sold to Phineas Howard, and on the westerly 
line of New Pennakook (now Rumford) thence running 
North, Nineteen Degrees West on said line, two Miles, 
and two hundred and ninety eight rods to East Andover, 
then South seventy one Degrees, West by said East 
Andover and land sold to Silas Hall and others four 
miles, and two hundred and thirty five rods to a Stake, 
then North, nineteen Degrees West three miles and two 
hundred rods, to the South Easterly corner of the town- 
ship called A number two, then South Eighty nine Degrees 
West by the Southerly line of the Township last mentioned, 
two miles and about Sixty rods, to the North easterly corner 
of the Township called A number one, then South eight 
degrees West, by the Township last mentioned, six miles, 
and about two hundred and eighty rods, to the North 
Easterly corner of Peabody's Patent (now Gilead) then 
South nineteen Degrees east by said Gilead, to Sudbury 
Canada (now Bethel) thence Easterly by said Bethel, and 
the land sold to the said Howard, to the place of beginning. 
And the said town of Newry is hereby vested, with all the 
powers, privileges, rights, and immunities, and subject to 
all the duties and requisitions, to which other towns are 
entitled and subjected, by the Constitution and Laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That either of the justice to issue 
Justices of the Peace for the said County of Oxford, be ''^""°'- 
and he is hereby authorised to issue his warrant directed 
to some suitable Inhabitant of the said town of Newry re- 
quiring him to notify and warn the inhabitants of said 
town, to meet at such convenient time and place, as shall 
be appointed in said Warrant, to choose such Officers as 
towns within this Commonwealth, are by Law required to 
choose, in the months of March or April annually. 

Approved June 15, 1805. 

1805. — Chapter 13. 

[May SsBBioD, cb. 12.] 

AN ACT TO ESTABLISH THE MIDDLESEX TURNPIKE CORPORA- 
TION. 

Wliereafi a Turnpike Road from Tyngsborough Meeting rreambie. 
House to a point in Bedford equally well situated for the 



416 



Acts, 1805. — Chapter 12. 



Persons incor- 
porated. 



Corporate 
name. 



Direction of 
road. 



accommodation of Travellers^ to Charles River and West 
Boston Bridges and there dividing and going from thence 
to each of the aforesaid Bridges ivould be of great Public 
Convenience and Utility. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same; That Samuel Swan Junr. Perkins 
Nichols, Royal Makepeace, Ebenezer Bridge, William 
Whittemore Junr. and James Abbot and all others who 
are or may hereafter become Proprietors & their asso- 
ciates & successors be and they hereby are Incorporated 
and made a body Politic, by the name of the Middlesex 
Turnpike Corporation ; and by that name may sue and be 
sued to final Judgment and execution and do and suffer 
all other things which bodies Politic may or ought to do 
and suffer : and said Corporation shall have full power 
and authority to make and use a Common Seal and the 
same to break alter & renew at pleasure & shall have full 
power and authority to make lay out and keep in repair 
a Turnpike Road as aforesaid; — Beginning at Tyngs- 
borough Meeting House ; and from thence running in the 
most direct practicable line to Chelmsford meeting House 
& from thence in a like direct line to Billerica meeting 
House, and from thence in the nearest practicable line to 
the point aforesaid in Bedford at a Stake in Land of Abel 
Wyman about twelve miles & one hundred and twenty 
Rods from Boston ; and from thence to extend a branch 
of said Road on a line as straight as is practicable to 
Symmes' Corner, (so called) in Medford and from thence 
in the most Convenient route to the Street in Medford 
Village near the Southwest Corner of the Garden lately 
belongins: to the Hon'ble. John C. Jones. The other 
branch to commence at the said pomt or stake & run on 
as near a straight line as is practicable to the Rocks (so 
called) in Cambridge, from thence to continue on the Old 
Road to a point near & between the Houses of Stephen 
Goddard & Walter Frost & from thence in nearly a 
straight line to the Cambridge and Concord Turnpike 
Road ; at the Westerly part of said road which is laid out 
one hundred feet wide near West Boston Bridge, which 
road shall be laid out four Rods wide & the traveling path 
not less than twenty four feet wide, provided however, that 
an equal sum shall be expended by the Corporation on 
each branch thereof. 



Acts, 1805. — Chapter 13. 417 

Sect. 2. Be it further enacted, that the said Corpo- corporation to 
ration shall be entitled to all and singular, the powers, usual powers 
provisions, limitations and restrictions which are particu- *° pn^jieges. 
larly Delineated for the Government and Organization of 
Turnpike Corporations, in an Act entitled an Act Detine- 
ing the General Powers and duties of Turnpike Corpora- 
tions, passed March the Sixteenth One thousand eight 
hundred and five. Approved June 15, 1805. 



1805. — Chapter 13. 

[May Session, cb. 13.] 

AN ACT DETERMINING THE TIMES FOR HOLDING THE COURTS 
OF COMMON PLEAS AND GENERAL SESSIONS OF THE PEACE 
WITHIN AND FOR THE COUNTY OF ESSEX. 

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 ^^^ ^^''^s- 
this Act, the Court of Common pleas and the Court of 
General Sessions of the Peace within and for the County 
of Essex shall be holden at Ipswich on the last Monday 
of March, at Salem on the last Monday of June, at New- 
bury Port on the last Monday of September, and at 
Ipswich on the last Monday of December in every Year : 
— Provided nevertheless that the term of said Courts which J^°''^^° respect- 
before the passing of this Act was to be holden at Salem Saiem. 
on the last tuesday of June instant, shall be then and there 
holden ; and all actions processes appeals or recognizances 
which have been sued out, commenced, or made returnable 
to said term of said Courts shall be then and there entered, 
prosecuted, tried and determined, and executions awarded 
and other proceedings thereupon had in the same manner, 
as if this Act had never been made, any thing herein to the 
contrary notwithstanding. 

Sec. 2. ^e zV/ur^/ier enac^etZ, that all actions, appeals, Business trans. 
recognizances or other processes, that now are or may here- 
after be commenced, or sued out, returnable to the term of 
said Courts, which before the passing of this Act was to 
be holden at Newbury Port within and for the County 
aforesaid on the last tuesday of September next, shall be 
returnable to, entered, prosecuted tried determined and 
adjudged at the term of said Courts to be holden by virtue 
of this act at Newbury port on the last Monday of Septem- 
ber. Approved June 15, 1805. 



418 



Acts, 1805. — Chapters 14, 15. 



Persons incor- 
porated. 



1805. — Chapter 14. 

[May Session, ch. 14.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
ANDOVER AND MEDFORD TURNPIKE CORPORATION. 

Be it enacted by the Senate and House of llepresenta- 
tives in General Court assembled, and by the authority of 
the same. — That Jonathan Porter, Joseph Hurd, Nathan 
Parker, Oliver Holden and Fitch Hall, together with such 
persons as may hereafter associate with them and their 
Successors and Assigns, shall be, a Corporation by the 
Corporate name, name of the Audover & Medford Turnpike Corporation, 
for the purpose of making a Turnpike Road, from near 
the House of John Russell in Andover running by the 
east side of Martins Pond so called on nearly a straight 
line to the House of Jeremiah Nichols in Reading, Thence 
to near the West Parish Meetinghouse in Reading — Thence 
on nearly a straight line to the house of David Hays in 
Stoneham, thence by the West side of Spot Pond so 
called to the Market place in Medford on as straight a 
line as the Ground will admit of. And for this purpose 
shall have all the powers & priviledges and be subject to 
all the duties Requirements & penalties contained in an 
act entitled an Act defining the General powers & duties 
of Turnpike Corporations, passed the sixteenth day of 
March Ao. Di. 1805. Approved June 15, 1805. 



1805. — Chapter 15. 

[May Session, ch. 15.] 

AN ACT TO INCORPORATE THE INHABITANTS OF BARNARD- 
STONES GRANT AND A PART OF BULLOCK'S GRANT IN THE 
COUNTY OF BERKSHIRE INTO A TOWN BY THE NAME OF 
FLORIDA. 

Sect. 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 following described tract 
of land, vizt. Beginning at the Southwest Corner of Bar- 
nardstones Grant at the northwest corner of Savoy run- 
ning thence an eastwardly course on the line of said Savoy 
to the northeast corner of said Savoy, thence a north course 
to Deerfield River, thence up the said Deerfield River north- 
wardly so far that a line drawn a due west course will strike 
the northeast corner of said Barnardstone's Grant ; thence 



Acts, 1805. — Chapter 16. 419 

a westerly course on the north line of said Baruardstone's 
Grant to the east line of Adams, thence a Southwardly 
course in the said line of Adams to the north west corner 
of Savoy first mentioned, together with the Inhabitants 
thereon, be, and they are hereby incorporated into a Town Florida incor- 
by the Name of Florida ; and the said Town is hereby in- ^°'^^^^ ' 
vested with all the powers privileges and immunities which 
other Towns in this Commonwealth do or may enjoy by 
Law. 

Sect. 2d. Be it further enacted, that Israel Jones Esqr. First meeting. 
be and he hereby is empowered and required to issue his 
warrant to some suitable inhabitant of the said Town of 
Florida requiring him to warn the qualified Inhabitants 
thereof to meet at some convenient time and place to 
choose such officers as Towns are by law required to 
choose in the month of March or April annually. 

Approved June 15, 1805. 

1805. — Chapter 16. 

[May Seaeion, ch. 16.] • 

AN ACT TO ESTABLISH A CORPOEATION BY THE NAME OF THE 
WORCESTER AND FITZWILLIAM TURNPIKE CORPORATION. 

Be it enacted by the Senate and House of Bejyreseiita- 
tives, in General Court assembled, and by the authority 
of the same, that Lemuel Abbot, Joseph Allen, Edward Persons incor- 
Baugs, Elisha Andrews, Silas Cutler, Moses Clark, Abiel 
Alger, Phineas Read, John McClanathan, Lockart Smith, 
and Isaiah Thomas, together with such others, as have, or 
may hereafter associate with them, their successors and 
assigns, be and they hereby are made a Corporation by 
the name of the Worcester and Fitzwilliam Turnpike Cor- corporate 
poration, for the purpose of laying out and making a Turn- 
pike Road from the Court house in the town of Worcester 
to the meeting house in Holden, from thence to the meeting 
house in Hubbardston, from thence to Holman's road so 
called near the house of Samuel Cook in Templeton, from 
thence to or near the bridge which is near Baldwins Mills 
in said Templeton, and from thence to the State line of 
New hampshire, near Grave's Mills in the town of Fitz- 
william, and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, require- 
ments, and penalties, contained in an Act entitled "An 
Act defining the general powers and duties of turnpike 
Corporations," passed the sixteenth day of March A.D. 
1805. Approved June 15^ 1805, 



name. 



420 



Acts, 1805. — Chapters 17, 18. 



Preamble. 



Committee 
authorized to 
estimate 
damages, &c. 



1805. — Chapter 17. 

[May SeBsioD, ch. 17.] 

AN ACT IN ADDITION TO AN ACT, ENTITLED, " AN ACT TO ESTAB- 
LISH A CORPORATION BY THE NAME OF THE UNION TURN- 
PIKE CORPORATION." 

Whereas no provision is made in said Act, whereby the 
Courts of General Sessions of the Peace, of the several 
Counties through which said road shall pass, may author- 
ise the Committee whom they shall appoint to lay out said 
Itoad, to estimate the damages, which individuals, through 
lohose land said road shall pass, may sustain; or to appoint 
a Committee for that purpose on applications of the proprie- 
tors of said Road; but only on application of the individual 
who may sustain such damage, whereby the said Corpo- 
ration is subjected to great delay and expence. — Where- 
fore 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same; That the Courts of General Sessions of the 
Peace of the several Counties through which said road 
shall pass, be and they are hereby authorised to empower 
the Committee, whom they may appoint to lay out said 
road agreeably to said Act of incorporation, to estimate 
the damages which the several individuals, through whose 
land said road shall pass, may sustain, saving to each indi- 
vidual, and to the Corporation the right of having such 
damage estimated by a Jury as is provided for by said 
Act of incorporation. Approved June 15, 1805. 



New terms. 



1805, — Chapter 18. 

[May SesBlon, ch. 18.] 

AN ACT DETERMINING THE TIMES AND PLACE OF HOLDING 
THE SEVERAL COURTS OF COMMON PLEAS AND COURTS OF 
GENERAL SESSIONS OF THE PEACE WITHIN AND FOR THE 
COUNTY OF CUMBERLAND. 

Sect. 1. Be it enacted by the Senate, and House of 
Repy^esentatives in General Court assembled and by the 
authority of the same, that from and after the last day of 
June, instant the Court of Common Pleas within and for 
the County of Cumberland shall annually be holden, at 
Portland on the first Tuesday of March & on the third 
Tuesday of June, and on the third Tuesday of November. 



Acts, 1805. — Chapter 19. 421 

Sect. 2d. Be it farther enacted that the Court of 
General Sessions of the Peace in the said County of Cum- 
berland shall be holden annually at Portland on the third 
Tuesday of March and on the first Tuesday of September. 

Sec. 3d. Be it further enacted that all Laws hereto- Former laws 
fore passed regulating the times and Place for holding of ""^p®** * 
the said Courts in the said County of Cumberland from 
and after the said last day of June shall be, and the same 
are hereby repealed. Approved June 15, 1805. 

1805. — Chapter 19. 

[May Seaeion, ch. 19.] 

AN ACT DECLARING AND CONFIRMING THE INCORPORATION, OF 
THE PROPRIETORS OF THE MEETING-HOUSE IN FEDERAL 
STREET IN THE TOWN OF BOSTON. 

Sec 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 incorporattng 
who may hereafter be, the Proprietors of the pews in the °''*"^®- 
Congregational meeting-house situate in Federal Street in 
the Town of Boston, be, and they are hereby declared and 
confirmed to be a body Politic and Corporate, by the Name corporate 
of the Proprietors of the Meeting-house in Federal Street °*™^' 
in the Town of Boston, and the said corporation shall be, 
and hereby are deemed in law to be seized of the same 
meeting-house, with all the lands under, adjoining and 
belonging to the same, with the privileges and appurte- 
nances including the dwelling-house recently erected on the 
land appurtenant to said meeting-house for the accommo- 
dation of the Minister of that Society, reserving, however 
to the several proprietors of the pews in said meeting- 
house, their right to, and interest in the said pews respec- 
tively 

Sec 2. Be it farther enacted. That the said proprie- Annual meet- 
tors shall meet annually on the first Wednesday in May be^c'hosen!" ** 
at the said Meeting-house or at such other place as their 
Committee may appoint, and at such other times, as they 
may be duly notified for, in manner hereafter mentioned, 
and at said annual meeting, after having chosen a Mod- 
erator, shall choose a Clerk, Treasurer and a Committee 
of seven Persons, who shall all continue in oflSce, during 
the year, and until others are chosen in their room. Pro- 
vided , however, if, for any cause, the said annual meeting 



422 



Acts, 1805. — Chapter 19. 



Clerk to be 
sworn. 



Committee to 
manage pru- 
dential afiairs. 



Proprietors 
empowered to 
fulfil contracts, 
form new con- 
tracts, &c. 



Assessments; 
pews liable to be 
taken and sold, 
&c. 



should not be h olden, then the said officers may be chosen 
at any other meeting duly notified for that purpose. 

Sec. 3. 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 Com- 
mittee, in seperate Books, to be kept by him, for that pur- 
pose, and the said Committee, or a major part of them, 
shall have full power to manage all the prudential affairs 
of the said proprietors, in the same, and in as ample a 
manner as parish committees are authorized by law to 
manage the prudential affairs of parishes, and to notify 
any proprietors' meeting, by posting up a notification at 
the door of said Meeting-house, Seven days at least, before 
the time of holding the same. 

Sec. 4. Be it further enacted, that the said proprie- 
tors shall be entitled to all the privileges they have hereto- 
fore in fact enjoyed and shall be bound by all the contracts, 
they have heretofore in fact entered into, as well with their 
present minister as with others, and be subject to all the 
duties they have heretofore been subject to, and the said 
proprietors, are also empowered from time to time to make 
such further contracts and raise such sums of money An- 
nually, as they shall judge necessary for the maintenance 
and support of the public Worship of GOD, for the repairs 
or alterations of said Meeting-house and making any rea- 
sonable addition to the Salary of their present or any future 
Minister and for other Parochial and Incidental charges, 
including any sums that may be due for the complition of 
the ministerial house lately erected by the said proprietors 
on the Lot adjoining said Meeting-house for the accom- 
modation of their Minister, and all monies, so raised by 
the said proprietors, shall be paid annually or by instal- 
ments at such times and in such proportions as said pro- 
prietors shall direct. 

Sec. 5. Be it further enacted, that all monies, raised 
by the said proprietors for the purposes aforesaid, shall be 
assessed by the said Committee, or by the major part of 
them, upon the several proprietors of the pews in said 
Meeting house according to the relative value of said 
Pews, regard being had to their situation & convenience, 
and the pews in said house shall be held liable to be taken 
and sold, for the payment of all assessments duly made as 
aforesaid, and for the discharge of all expences incurred 



Acts, 1805. — Chapter 20. 423 

by such Sale in such manner and on such contingencies 
and conditions as have been or may be agreed upon by 
the said proprietors, and which are or shall be Summarily 
expressed and contained in the deed or conveyance of the 
Pews, and the assessments made as aforesaid shall be con- 
sidered as a lien upon the Pews in said Meeting-house, 
and a bill of each Proprietors assessment, and of the time 
or times of Payment, shall be left in his Pew, of which 
fact, the oath of the Treasurer or of the Person by him 
employed for that purpose, shall be suiEcient evidence. 

Sec. 6. Be it farther enacted, that if any of the offi- ^° ^esfgnluoT'' 
cers chosen by said proprietors, shall Die or resign, during of officers. 
the year for which they may be chosen, other persons may 
be elected in their room, for the remainder of the year at 
any meeting of the proprietors, to be notified by a major 
part of the committee, but in all cases where there may be 
but one of the Committee in office he shall have sufficient 
authority to call any meeting of the proprietors. 

Sec. 7. Be it farther enacted, that Henry Hunter and First meeting. 
Francis Wright or either of them may cause the first meet- 
ing of said proprietors to be called, for the purpose of 
choosing the officers of said proprietors for the year ensu- 
ing, 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 
— at which meeting the said Proprietors may agree on the 
mode of notifying future meetings. 

Approved June 15, 1805. 

1805. — Chapter 30. 

[May Seseion, ch. 20.] 

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

Be it enacted by the Senate and house of Representatives 
in General Court assembled and by the authority of the 
same That from and after the passing this Act, James Names changed. 
Bowdoin Temple of Boston in the County of Suffolk Gen- 
tleman shall be allowed to take the name of James Temple 
Bowdoin ; that Samuel Bass Wales, of Randolph in the 
County of Norfolk, a minor, shall be allowed to take the 
name of Ephraim Wales, that John Allen the 4th of Salem 
in the County of Essex, shall be allowed to take the name 
of John Woodberry Allen ; that George Smith of Salem 



421 



Acts, 1805. — Chapter 21. 



in the County of Essex, Housewright and son of Isaac 
Smith of Rowley in said County, shall be allowed to take 
the name of George Hibbert Smith ; that William Hobby 
Jr. of Portland in the County of Cumberland shall be 
allowed to take the name of William Gardner Hobby, 
that John Rogers of Charlestown in the County of Mid- 
dlesex Mariner, shall be allowed to take the Name of John 
Weston Rogers — And said persons in future shall be re- 
spectively known, and called by the names, which they 
are respectively allowed to take as aforesaid and the same 
shall hereafter be considered as their only proper names 
to all intents and purposes. Approved June 15^ 1805. 



Persons incor- 
porated. 



Corporate 
name. 



Method of join- 
ing the society. 



1805. — Chapter 31. 

[May Session, ch. 21.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS 
OF THE TOWN OF BETHEL; TOWN OF NEWRY AND PLAN- 
TATION OF HOWARD'S GORE (SO CALLED) IN THE COUNTY 
OF OXFORD, INTO A RELIGIOUS SOCIETY, BY THE NAME OF 
THE FIRST BAPTIST SOCIETY IN BETHEL. 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, That Asa Kimball, John Killgore 
Junr. Stephen Eastes, Ithiel Smith Junr., John Killgore, 
Samuel Ayer, Ephraim Powers, Samuel Gossom, Joseph 
Ayer, Jonathan Smith, Samuel Killgore, Daniel Bean, 
ElDcnezer Bean, Moses Mason, Thomas Stearns, Asa Foster, 
Jonathan Clark, William Russell, Isaac Towne, Napthali 
Coffin, Jesse Bean, David Coffin, Walter Mason, Paul 
Morse, Joseph Farrar, Betsey Clark, and Enoch Bartlet, 
with their famlies and estates, be, and they are hereby 
Incor})orated into a Religious Society, by the name of the 
"First Baptist Society in Bethel," with all the powers, 
Previledges, and immunities to which Parishes are entitled 
by the constitution and laws of this Commonwealth — Pro- 
vided that all such persons shall be holden to pay their 
proportion of all monies assessed in the towns and plan- 
tation aforesaid for parochial purposes prior to the pass- 
ing of this Act. 

Sect. 2d. Be it further enacted, that any person be- 
longing to the said town of Bethel, Newry or plantation 
of Howards Gore aforesaid, being of the Baptist denomi- 
nation, who may at any time hereafter, actually become 
a member of and unite in Religious worship with the said 



Acts, 1805. — Chapter 22. 425 

Society, and give in his or her name to the Clerk of the 
town, Parish or Plantation 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 
& United in Religious Worship with the aforesaid Baptist 
Society, fourteen days previous to the town, Parish or 
plantation meeting therein, to be held in the Month of 
March or April, shall from and after giving in such Cer- 
tificate, with his or her polls & estates be considered as 
part of said Society. 

Sec. 3d. Be it further enacted, that if any member Method of leav. 
of said Baptist Society, shall at any time see cause to leave '°* * *°*' ^ ^' 
the same, and unite in Religious W [h]or8hip 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 Minis- 
ter of said Baptist Society, and also with the Clerk of the 
town. Parish or Plantation, in which he or she may reside, 
fourteen days at least before the annual town Parish or 
plantation Meeting to be held therein in the month of March 
or April, & 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 in which he or she may reside in the same man- 
ner as if he or she had never belonged to said Baptist 
Society. 

Sec. 4. Be it further enacted that any Justice of the First meeting. 
peace in the said County of Oxford, is hereby authorized 
to issue his Warrant, directed to some suitable member 
of said Baptist Society, requiring him to notify and warn 
the Members thereof, to meet at such time and place as 
shall be appointed in said Warrant to choose such Officers 
as parishes in this Commonwealth are by law authorised to 
choose in the month of March or April Annually. 

Approved June 15, 1805. 

1805. — Chapter 23. 

[May Session, cb.22.] 

AN ACT TO INCORPORATE A NUMBER OF THE INHABITANTS OF 
THE TOWN OF BRISTOL IN THE COUNTY OF LINCOLN INTO 
A RELIGIOUS SOCIETY, BY THE NAME QF THE FIRST CON- 
GREGATIONAL SOCIETY IN BRISTOL. 

Be it enacted hy the Senate and House of Representa- 
tives in General Court assembled and by the authority of 



426 



Acts, 1805. — Chapter 22. 



Persons incor- 
porated. 



Corporate 
name. 



Method of join- 
ing the society. 



the same, that William Atkins, Joseph Bailey, Ebenezer 
Bearce, John Bearce, Aaron Blaney Jr. Samuel Boyd, 
John Boyd, David Burr, Thomas Calderwood, James Car- 
lisle, Arthur Child, Hannah Child, Mary Child, William 
Chamberlain, Samuel Clark, Joseph Clark, Nathaniel 
Church, Thomas Clough, James Curtice, Samuel Doe, 
James Drummond, James Drummond junr. Timothy 
Fitch, John Fitch, Alexander Fossett, John Fossett, 
William Fossett, Henry Fossett, Henry Fossett junr. 
William Greenlaw, Amos Goudy, Hervey Hall, Richard 
Hiscock, James Hiscock, Marius Howe, Zebulon How- 
land, George Howland, Elisha Hatch Junr. John Hassey, 
Joshua House, Henry Hunter, Thomas Hunter, William 
Hunter, John Huston, John Huston 2d., John Huston 3d., 
William Huston, William Huston 2d. William Huston 
3d., Rqbert Huston, Robert Huston junr. Robert Huston 
3d., Thomas Huston, James Huston, David Hutchins, 
Thomas Hutchins, William Johnson, James Jones, Wil- 
liam Kelsey, James Kelsey, James Laughtou, Hugh Little, 
John Mears, Thomas Miller, James Morton Junr. Ephraim 
McMichael, John McKown, John Nickels, William Nickels, 
David Ordway, William Page, George Page, Hugh Paul, 
James Paul, Bedfield Plumer, William Russell, William 
Russell Junr. George Sproule, Robert Sproule, William 
Sproule, Robert Thompson, John Tomlinson, Gershom 
Wentworth, Samuel Went worth, John Went worth, Samuel 
Woodward, James Woodward and James Wyllie, with 
their families and estates, together with such others, as 
may hereafter associate with them and their successors, 
be, and they are hereby incorporated into a Society by 
the name of The first Congregational Society in Bristol 
in the County of Lincoln, with all the powers, privileges, 
rights, and immunities, to which other Parishes are entitled 
by the Constitution and Laws of this Commonwealth. 

Sect. 2d. And be it further enacted, that any person 
in the said town of Bristol, who may be desirous of becom- 
ing a member of the said first Congregational Society, and 
shall declare such intention in writing, given in to the Clerk 
of the said first society fifteen days previous, to the annual, 
Parish Meeting and shall receive a certificate, signed by the 
said Clerk, or the Minister of the said Society, that he, or 
she, has actually become a member of, and united in re- 
ligious worship with the said first Society in Bristol, such 
person shall, from the date of such certificate, be consid- 



Acts, 1805. — Chapter 23. 427 

ered, with his or her polls and estate as a member of said 
Society, 

Sect. 3d. Be it farther enacted^ that when any member Method of leay. 
of the said first Society in Bristol, shall see cause to leave '°^ esoce j. 
the same, and to unite in religious worship with any other 
religious Society in the said Town, and shall give notice 
of such intention to the Clerk of the said first Society, and 
shall also o-ive in his or her name to the Clerk of such other 
Society, fifteen days previous to the annual meeting of 
said Society and shall have received a certificate of mem- 
bership signed by the Minister or Clerk of said Society, 
such person shall from the date of such certificate, with 
his or her polls & estate, be considered as a member of 
said Society. Provided however, that every such person 
shall always be held to pay his or her proportion of all 
Parish charges, in the Society to which such person be- 
longed, assessed and not paid previous to the leaving said 
society. 

Sect. 4th. Be it further enacted, that either of the First meeting. 
Justices of the peace for the County of Lincoln, upon 
application therefor, is hereby authorised to issue his war- 
rant directed to some member of the said first Congre- 
gational Society, requiring him to notify and warn the 
members thereof, to meet at such convenient time and 
place as shall be appointed in said warrant, to choose such 
oflScers as parishes are by Law empowered and required to 
choose at their annual meetings. 

Approved June 15, 1805. 

1805. — Chapter 33. 

[May SeBBion, ch. 23.] 

AN ACT AUTHORIZING HIS EXCELLENCY THE GOVERNOR BY 
AND WITH ADVICE OF THE COUNCIL TO PROVIDE REGU- 
LATIONS FOR THE STATE PRISON. 

Sec. 1. Be it enacted by the Senate and Hous,e of 
Reprefientatives in General Court assembled and by the 
Authority of the same, that Criminals convict who have criminals 
been sentenced to confinement to hard labour for terms imprisonment 
not yet expired, or who shall hereafter be sentenced to fobe^confined"' 
confinement to hard labour for life, or to solitary imprison- '° s^^'" p"«o"- 
ment and also to confinement to hard labour for any term 
exceeding one year shall and may be imprisoned restrained 
and employed in and within the precincts of the State Prison 



428 



Acts, 1805. — Chapter 23. 



Criminals con- 
victed in U. 8 . 
Circuit court to 
be received. 



Officers; rules 
and regulations. 



Money to be 
provided for 
purposes of 
the act. 



situate in Charlestown in the County of Middlesex. And 
that his Excellency the Governor be and he hereby is 
authorized and empowered to draw his warrant under the 
seal of the State directed to such OflScer or Officers as he 
may think proper requiring them to remove such convict 
or convicts as aforesaid from any jail in any County of 
this Commonwealth to the State prison aforesaid ; and all 
officers Keepers of said prison & Keepers of the several 
Jails in the Common Wealth are hereby required to do and 
perform all such duties and services as his Excellency may 
in any such Warrant by him issued require. 

Sec. 2d. Be it further enacted. That the Keeper of 
said Prison shall receive all such persons convicted before 
the Circuit Court of the United States at any term of said 
Court holden in this Commonwealth as may be sentenced 
by said Court to confinement and hard labour for any term 
of time, and safely keep such Convicts untill they shall be 
discharged by due course of the laws of the United States. 

Sec. 3d. Be it further enacted That the Governour 
by and with the advice and consent of the Council shall 
have authority to appoint annually and as often as any 
vacancy may require and remove at pleasure a Chaplain, 
a Physician an Agent or Superintendant and such other 
Officers assistants and servants as shall and may appear 
fit and necessary for the Government employment and 
regulation of the said convicts and to make and establish 
all such rules orders regulations and bye laws as may in 
his opinion be fit and proper for the due management and 
srovernment of the said Convicts. Provided such rules, 
orders, regulations and bye laws be not repugnant to the 
Constitution and laws of this Commonwealth. And also 
to furnish and provide for said convicts such food fuel 
cloathing and all matters and things as shall or may in his 
Opinion be necessary for the sustenance and accomodation 
of the said convicts ; and also to procure and furnish & 
provide such materials and utensils as may be necessary 
and proper for the purpose of employing said Convicts 
during the continuance of their confinement in said State 
Prison. 

Sec. 4th. Be it further enacted That the Governour 
by and with the advice and consent of the Council be and 
he is hereby authorized to draw his Warrant upon the 
Treasurer of this Commonwealth in favor of such Agent 
or Superintendant as be may appoint as aforesaid for such 



Acts, 1805. — Chapter 24. 429 

sum or sums of money an he shall deem fit and sufficient 
to the several purposes mentioned in this Act not exceed- 
ing the sum of thirteen thousand Dollars, the said Agent 
or Superintendant to be accountable for the expenditure 
of the same. And the said Superintendant shall give a superintendent 
Bond to the said Commonwealth in the sum of Twenty '° ^^^ 
thousand Dollars with sufficient surety to be approved by 
the Governor with the Advice of the Council and upon 
condition that said Superintendant shall do observe and 
perform all the duties incumbent on him, as such Agent 
or Superintendant. 

Sec. 5. Be it fm-ther enacted that this Act shall con- Act limited, 
tinue in force until the first day of June in the Year of 
our Lord one thousand eight hundred and six and no 
longer. . Approved June 15, 1805. 

1805. — Chapter 24. 

[May Session, ch. 24.] 

AN ACT TO AUTHORISE THE SEVERAL BANKS, INCORPORATED 
WITHIN THIS COMMONWEALTH, TO ISSUE BILLS OF THE 
DENOMINATION OF ONE, TWO AND THREE DOLLARS. 

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 buiTauth^fiid. 
this Act, and during the pleasure of the Legislature, the 
President and Directors of all the Banks incorporated 
under the authority of the Legislature of this Common- 
wealth, with power to issue promises of their own, on 
banking principles, be, and they hereby are authorised 
and empowered to issue & emit bills of the denominations 
of one two and three Dollars to the amount of five per 
centum of their several Capital Stocks, actually paid in, 
any thing in their respective Acts of incorporation to the 
contrary notwithstanding — JPr-ovided however, that this 
privilege shall not be construed, to authorize the said 
Banks, to owe or issue bills or promises, to any greater 
amount, than by their respective acts of Incorporation, 
they are already priviledged to owe or issue. 

Sec 2d. Be it further enacted that the Bills of the Description of 
denomination of one, two, & three Dollars, shall be con- 
structed with the denomination of the bill, in each of the 
cornors thereof in figures, and in the body of the Bills in 
large capital letters, with an Oval border lengthwise of the 



430 



Acts, 1805. — Chapter 25. 



Total amount of 
iBBue authorized 
for any bank to 
be impressed 
before issuing. 



Bank state- 
mentB to be 
sworn to by 
president, 
directors, &c. 



bill and the word Massachusetts, in large capital letters, 
under the upper part of the oval border, to be signed by 
the President, and countersigned by the Cashier of the 
Bank, from which the same may issue, & no Bank shall 
issue any Bill of an Oval form or impression of an higher 
denomination than three dollars. 

Sec. 3d. Be it further enacted, that before any of the 
bills, of the denomination aforesaid, shall be issued by any 
Bank, the amount which said Bank is allowed to issue, 
shall be impressed. And the President & Directors of 
the several Banks in their returns and statements, as re- 
quired by law, shall state the amount of said bills in cir- 
culation, and the amount thereof on hand. And no further 
impression or emission of said Bills shall be created or 
allowed, by virtue of this Act. 

Sec. 4th. Be it further enacted, that the several State- 
ments and returns which by the respective Acts of incor- 
poration of the several Banks, or other corporate bodies, 
are directed to be made to his Excellency the Governor 
and the Council of this Commonwealth, shall hereafter be 
made under the Oaths of the President and the several 
Directors & Cashier's or Trustees, and Treasurer's, of the 
said several Banks, or other corporate bodies, at the several 
periods directed by their respective Acts of Incorporation, 
which Oath shall be administered by some Magistrate duly 
authorized to administer Oaths ; and who shall have no 
interest in the said Corporate body. 

Approved June 15, 1S05. 



Persons incor- 
porated. 



Corporate 
name. 



1805. — Chapter 25. 

[May Session, ch. 25.] 

AN ACT TO INCORPORATE ROYAL MAKEPEACE & OTHERS INTO 
A SOCIETY FOR THE PURPOSE OF BUILDING A MEETING 
HOUSE & SUPPORTING PUBLIC WORSHIP THEREIN IN THE 
EASTERLY PART OF CAMBRIDGE. 

Section 1st. Be it enacted hy the Senate & House of 
Representatives in General Court Assembled and hy the 
Authority of the same. That Royal Makepeace, John Cook, 
Josiah Mason junr., Daniel Mason & Andrew Boardman & 
their Associates and their successors be, and they hereby 
are constituted & made a Corporation and body politic by 
the name of the " Cambridge-Port meeting House Corpo- 
ration " And shall by that name sue and be sued, and shall 



Acts, 1805. — Chapter 25. 431 



have a common seal, and also may ordain, and establish, 
and put in execution such bye-laws and regulations, as to 
them shall seem necessary and Convenient for the Govern- 
ment of said Corporation ; provided such byelaws and 
regulatioDs shall be in no wise contrary to the laws 
and Constitution of this Commonwealth — And may hold 
and purchase land for the erection of a House for public 
worship thereon, and may purchase and hold real and per- 
sonal estate the annual income of which shall not exceed 
the sum of Two Thousand Dollars for the purpose of build- 
ing a meeting House & supporting public Worship therein. 

Section 2d. Be it furtJier enacted^ that the shares in shares. 
said Corporation shall not exceed one Hundred in num- 
ber, and shall be considered as personal estate, — Provided 
ahvat/s that the Certificates & Transfers of the same shall 
be recorded in the Registry of Deeds for the County of 
Middlesex. 

Section 3d. Be it further enacted That whenever any shares of deiin- 
Proprietor shall neglect or refuse to pay any Tax or assess- soid!'* *° 
ment duly voted for the purposes of this Corporation and 
agreed upon by said Corporation, to the Treasurer thereof 
within thirty days after the same shall be made payable, 
the said Treasurer is hereby authorised to sell at public 
vendue the share or shares of such delinquent proprietor 
to defray said Tax and necessary charges after publishing 
notice in one of the newspapers printed in Boston, of the 
sum due on such share or shares and of the time and place 
of sale at least Thirty days previous to such sale — and a 
certificate of the same sale under the hand of the President 
& Clerk of the Corporation, shall transfer and vest, all the 
right, title and interest of the delinquent in the share or 
shares thus sold to & in the purchaser, and if the same 
share or shares thus sold, shall sell for more than the 
Taxes & assessments thereon due, the Overplus shall be ' 

paid over to said delinquent by the Treasurer on demand. 

Section 4th. Be it Jiirther enacted, That each Pro- uighttovote. 
prietor or his agent duly authorised in writing shall have 
a right to vote in all meetings of said Corporation and 
be entitled to as many votes as he holds shares, Provided 
that no person shall be entitled to more than Ten votes. 

Section 5th. Be it further enacted that a meeting First meeting. 
of said Corporation shall he holden at the House of Josiah 
Mason Jr., Inholder in said Cambridge, on the Twenty 
fifth of June instant for the purpose of choosing a Presi- 



432 



Acts, 1805. — Chapter 26. 



Officers to be 
chosen an- 
nually. 



President and 
clerk to sign 
certificates. 



Clerk to be 
Bworn. 



dent, Treasurer and Clerk, and such other officers as shall 
be deemed necessary, & also to agree upon a mode of call- 
ing meetings of said Corporation in future. 

Section 6th. Be it farther enacted that the several 
officers of said Corporation shall be chosen annually by a 
majority of votes given in at the time of the election, and 
that the day of the annual election shall be established at 
the first meeting of said Corporation. 

Section 7th. And he it further enacted, That the 
President & Clerk of said Corporation shall sign the Cer- 
tificates of the shares of the proprietors in this Corpora- 
tion. 

Section 8th. Be it further enacted that the clerk of 
said Corporation before he enters upon the duties of his 
office shall be sworn to the faithful discharge of the same. 

Approved June 15, 1805. 



New course. 



Committee 
authorized 
to estimate 
damages, &c. 



1805. — Chapter 26. 

[May Session, ch. 26.] 

AN ACT IN ADDITION TO AN ACT ENTITLED AN ACT TO ESTAB- 
LISH THE BLUE HILL TURNPIKE CORPORATION. 

Sect. 1. Be it enacted hy the Senate and house of 
Rejiresentatives in General Court Assembled and by the 
Authority of the Same, That the proprietors of the Blue 
hill Turnpike Corporation be and hereby are authorised 
and empowered to alter the course of a part of Said Turn- 
pike road in Milton, and instead of laying out and making 
the Same from an Apple tree in the land of Ezra Coates 
in said Milton to the house of Joseph Babcock, to lay out 
and make the Said Turnpike road from Said Apple tree to 
or near to the guide post in Milton at Swifts corner so 
called near to the house of John Swift in Milton. 

Sect. 2. Be it further enacted that the Committee 
already appointed by the Court of General Sessions of 
the peace to lay out said Turnpike road, and to estimate 
the damage that may be done to persons over whose land the 
Same may pass, be and hereby are authorised and empow- 
ered to lay out said road in the direction last mentioned 
and to estimate the damage that may be done to any per- 
son over whose land the same may pass in the same man- 
ner as they are authorised by the Act to which this is in 
Addition. 



Acts, 1805. — Chapters 27, 28. 433 

Sect. 3. Be it further enacted, that said corporation Toiieetab- 
be and hereby are authorised and empowered to demand 
and receive for [e]very person and horse that may pass 
the Gate on Said Turnpike road five cents. 

Approved June 15, 1805. 

1805. — Chapter 37. 

[January Session, ch. 1.] 

AN ACT TO ENABLE THE MEMBERS OF THE BOARD OF HEALTH 
IN THE TOWN OF BOSTON, AND THE CLERKS IN THE SEV- 
ERAL WARDS IN SAID TOWN, TO PERFORM THEIR OFFICIAL 
DUTIES, IN THE WARDS ESTABLISHED, IN THE YEAR OF OUR 
LORD ONE THOUSAND EIGHT HUNDRED AND FIVE [SIX]. 

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 members of the Board Members of 
of Health in the town of Boston, and the Several clerks Health. and 
of the respective Wards in said town, chosen according to Tho's'ln under 
the Division of Wards which had been established in the o^f VaMsrto*"" 
year of Our Lord One thousand seven hundred and thirtv p^""*"™ "??'>■ 

n ■, 11 1 1 • -X Ti-/-\/T>'i duties until 

nve, be, and they hereby are required to do their Oincial new officials are 
duties, within the [the] Wards as established by .«aid town, 
to take place on the first day of February in the year of Our 
Lord One thousand eight hundred and Six, which bear 
the numerical name of those Wards, for which they may 
have been respectively chosen, untill a Board of Health 
and ward clerks shall have been chosen according to the 
division of said town into wards as last mentioned — And 
the members of the Board of Health, and the several clerks 
of the respective wards, and the Assistant Assessors in said 
town shall hereafter be chosen within the wards as estab- 
lished to take place on the said first day of February in 
the year of Our Lord One thousand eight hundred and 
Six. Approved February 3, 1806. 

1805. — Chapter 38. 

[January Session, ch. 2.] 

AN ACT TO INCORPORATE WILLIAM FROST AND OTHERS, PRO- 
PRIETORS IN COMMON OF CERTAIN MINES CALLED THE 
WASHINGTON MINES IN THE TOWN OF NEWFIELD IN THE 
COUNTY OF YORK, BY THE NAME OF THE WASHINGTON 
MINING COMPANY. 

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



43i 



Acts, 1805. — Chapter 28. 



Persons iucor- 
porated. 



Corporate 
name. 



Capital stock. 



Shares. 



Officers; rules 
and regulations. 



Assessments; 
shares of 
delinquents may 
be sold. 



authority of the same, That William Frost, Esqr. Samuel 
Haven, Junr. Henry Haven, William Jones, and Joseph 
Gavett, and their associates, proprietors and owners of 
the Washington Mines, so called, in the town of Newfield, 
in the County of York, and their successors be, and hereby 
are incorporated by the name of The Washington Mining 
Company ; and by that name may sue and be sued, with 
liberty to have & use a common seal ; and the same to 
break and alter at pleasure. 

Sec. 2. Be it further enacted, That as the said Cor- 
poration is intended for the purpose of digging and refin- 
ing Fuller's Earth, and exploring any minerals or metals, 
contained in the Mines they own in the aforesaid town of 
Newfield ; that the}^ have liberty to employ a capital Stock 
of One hundred thousand dollars in said business, includ- 
ing the value of their land and the buildings & Avorks requi- 
site for improving the said Mines. 

Sec. 3. Be it further enacted, That the property of 
said Corporation shall be, and hereby is divided into 
eighteen shares, which shares shall be deemed personal 
estate. 

Sec. 4. Be it further enacted, That the said Corpo- 
ration shall have power, from time to time, at any legal 
meeting, to choose a Clerk, who shall be sworn to the 
faithful performance of his duty, a Treasurer and such 
other Officers as to said Corporation shall appear neces- 
sary, and make any reasonable bye-laws, rules and regu- 
lations for the management of said mining business, not 
repugnant to the Constitution and Laws of this Common- 
wealth : Provided, the proprietors of a majority of the 
shares aforesaid, shall be present, and assent thereto ; and 
in all cases Votes shall be taken by shares, the owners 
being present or their legal attorney or Representative ; 
and the said William Frost, Esqr. is hereby authorised to 
call the first meeting of said Corporation, at which meet- 
ing said Corporation may agree on the mode of calling 
meetings in future. 

Sec. 5 Be it further enacted. That at any legal meet- 
ing of said Corporation, a majority of the proprietors of 
said Shares present, may assess such sum or sums of money 
on said Corporation as they shall deem necessary to defray 
the expenses that have arisen or shall arise in the manage- 
ment of their business aforesaid, and fix the time when it 
shall be paid to the Treasurer, and, in case of delinquency, 



Acts, 1805. — Chapter 29. 435 

may direct the Treasurer to sell the delinquents share or 
shares, to raise the sums assessed and charges of the sale, 
in the same way and manner which is provided in the tenth 
Section of an Act, entitled " An Act defining- the general 
powers & duties of Turnpike Corporations," passed in the 
year of Our Lord One thousand eight hundred and five. 

Sec 6. Be it furUier enacted. That said shares shall be Transfer of 
transferable by certificate under the Seal of the corporatioa, 
a record thereof being made by the clerk in a book kept for 
that purpose, and in no other manner, except as provided 
by this Act — and the exhibit of such certificate, so re- 
corded, shall entitle the purchaser, his heirs and assigns 
to hold the same forever. 

Sec. 7. Be it further enacted. That said shares shall ^uachmlnu^'" 
be liable to attachment on mesne process, and to be sold 
by Execution, in the same way and manner which is pro- 
vided in & by an Act, entitled, "An Act directing the 
mode of attaching on mesne process, and selling by Exe- 
cution, shares of Debtors in incorporated Companies " 
passed in the year of Our Lord, One thousand eight hun- 
dred and five. Approved February 10, 1806. 

1805. — Chapter 39. 

[January 'SesBion, ch. 3.] 

AN ACT IN ADDITION TO, AND FOR REPEALING A CERTAIN 
CLAUSE IN AN ACT, PASSED MARCH TWENTY EIGHTH, IN 
THE YEAR OF OUR LORD ONE THOUSAND SEVEN HUNDRED 
AND EIGHTY EIGHT, ENTITLED "AN ACT TO PREVENT THE 
DESTRUCTION OF ALEWIVES AND OTHER FISH IN IPSWICH 
RIVER, AND TO ENCOURAGE THE INCREASE OF THE SAME." 

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 future using and improv- The use and 
ing of Barnabas Dodge's Saw-Mill, standing on Ipswich i^odgT's'Mm to 
River at Warner's Mill-Dam, so called, within the Towns slilcfmin o'f ''^ 
of Ipswich and Hamilton, from the last day of April to the certain towns, 
first day of June, annually, shall be under the directions, 
regulations and restrictions of the major part of the Select- 
men of the Towns of Ipswich, Hamilton, Topsfield, Mid- 
dleton & Reading, for the time being ; such directions, 
regulations and restrictions, being made in writing under 
the hands of the Major Part of the Selectmen aforesaid, 
and delivered to the said Dodge from time to time as shall 
be found necessary. 



436 



Acts, 1805. — Chapter 30. 



Penalties for 
diBobedience of 
regulations. 



Part of former 
act repealed. 



Sect. 2d. Be it further enacted^ that for every omis- 
sion or violation of such directions, regulations, or restric- 
tions as aforesaid, the said Dodge shall be subject to such 
penalties and forfietures as are incured by an Act entitled 
*' an Act to prevent the destruction of Alewives and other 
Fish in Ipswich River and to encourage the increase of 
the same," for using and improving said Mill, within the 
Term aforesaid ; to be sued for, recovered & applied in 
manner as is prescribed in the said Act. 

Sect. 3d. Be it further enacted^ That the sixth clause 
of the aforementioned Act, so far as it respects the using 
and improving the said Dodge's saw Mill within the term 
therein mentioned, shall be, and hereby is repealed. 

Approved February 11, 1806. 



Persons incor- 
porated. 



Corporate 
name. 



1805. — Chapter 30. 

[January Session, ch. 4.] 

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

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority 
of the same. That Abraham Edwards, Allen Flagg, Stephen 
Wyman, Gushing Burr, Alexander T. Willard, Robert W. 
Burr, Aaron Warren, Ebenezer Stone, Asa Stratton, Wil- 
liam Stearnes, Samuel Rice, Lewis Gould & Stephen Patch, 
together with such others as have, or may hereafter asso- 
ciate with them, their successors and assigns be and they 
are hereby made a Corporation, by the Name of the Ashby 
Turnpike Corporation, for the purpose of laying out and 
making a turnpike road, from the state line between New 
Hampshire & the Commonwealth of Massachusetts, near 
the House of William Kendall and from thence to the South 
side of Wantatook hill, and from thence through Ashby to 
Townsend plain in Townsend near Joel Butlers ; and for 
this purpose shall have all the powers and priviledges, and 
be subject to all the duties, requirements and penalties con- 
tained in an Act, entitled "An Act defining the general 
powers and duties of Turnpike Corporations " passed the 
sixteenth day of March in the Year of our Lord One thou- 
sand Eight hundred and five. 

Approved February 11, 1806. 



Acts, 1805. — Chapter 31. 437 

1805. — Chapter 31. 

[January Session, ch. 5.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
NORTON 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, Thcat Silas Cobb, Joseph Hewins, Persons incor- 
Benjamin Bates, and Elijah Crane together which [loith'] p""*'*^^- 
such })ersons as may hereafter associate with them, and 
their Successors and assigns shall be a Corporation, by 
the Name of the Norton Turnpike Corporation, for the corporate 
purpose of making a Turnpike road, begining at the °*™®' 
boundary Line between this Commonwealth and the State 
of Rhode Island, at Warren, thence to or near Norton 
Meeting-house thence to or near the meeting house in 
Mansfield, from thence running to the West of Mashapog 
Pond, and to or near Sharon meeting house, and from 
thence into the Taunton road at or near School house 
number three in Canton, as nearly straight, from each 
mentioned place to the other, as a locating Committee 
shall think will best accommodate the public: — And for 
this purpose shall have all the powers and privileges, and 
be subject to all the duties, requirements and penalties 
contained in an Act entitled "An Act defining the gen- 
eral powers and duties of Turnpike Corporations " passed 
the sixteenth day of March in the Year of Our Lord One 
thousand eight hundred and five. 

Sec. 2d. Be it further enacted that said Corporation corporation 
is hereby allowed to grant Monies to such persons, as have monies for 
rendered Services to the proprietors in exploring the rout tendered, 
of the Turnpike road, or otherwise ; previous to this Act 
of incorporation, or to such persons as have advanced 
Monies to pay any expences which may have accrued. 

Sec. 3. Be it further enacted, that when the said Turn- Turnpike gates. 
pike road, shall be approved by Committees to be appointed 
by the Courts of Common pleas, in the respective Counties 
through which said road shall i)ass, then said Corporation 
shall be authorized to erect, four Turnpike Gates, or such a 
number of half toll Gates, as not to exceed four whole toll 
Gates, on the said Road, as the aforesaid Committees shall 
-direct. vl^jpro-ued February 11, 1806. 



438 Acts, 1805.— Chapters 32, 33. 



1805. — Chapter 33. 

[January Session, ch. 6.] 

AN ACT TO SET OFF PART OF THE TOWN OF NORTHBOROUGH 
AND ANNEX THE SAME TO THE DISTRICT OF BERLIN, AND 
TO SET OFF FART OF SAID DISTRICT OF BERLIN AND ANNEX 
THE SAME TO THE SAID TOWN OF NORTHBOROUGH. 

Sect. 1. Be it enacted by the Senate and House of 
Representatives^ in General Court assembled^ and hy the 
Boundaries of authority of the same; That all the lands, and buildings 
the lands set off. ^j^gj.gQjj^ lying Northerly of the line herein described, be- 
longing to the Town of Northborough, in the County of 
Worcester, be, and hereby are set off from the said town 
of Northborough and annexed to the District of Berlin in 
the same County of Worcester ; and that all the Land 
lying Southerly of said line, belonging to the said district 
of Berlin, be, and hereby is set off from said district of 
Berlin, and annexed to the said town of Northborough, 
Vizt. said line beo-ininw at a stake and stones on the line 
between Marlborough and said Berlin, twenty-four rods 
from the Northwest corner of said Marlborough thence 
North thirty three degrees west two hundred and twenty 
six rods, to a stake and stones on the line between said 
Northborough and said district of Berlin. 
4'Son?^"'''* Sect. 2. Be it further eriacted that there be thirty six 
Milles taken from the sum set against said Town of North- 
borough by the last Valuation, to pay to one thousand 
dollars State Tax ; and added to the sum set against said 
district of Berlin, and in future all State and County taxes 
against said Town and district to be governed accordingly 
until a New Valuation is taken. 

Approved February 15y 1806. 

1805. — Chapter 33. 

[January Session, ch. 7.] 

AN ACT TO ESTABLISH A COMPANY, BY THE NAME OF THE 
WORCESTER & STAFFORD TURNPIKE CORPORATION. 

Sect. 1. Be it enacted by the Senate and House of 

Representatives, in General Court assetnbled, and by the 

Persons incor- authority of the same, that David Wight Junr., Timothy 

porate . Ncwell, Samuel Hobbs, Thomas Upham, James Johnson, 

John Tarbell, Abijah Shumway, Simeon Allen, Abel Allen, 

Abel Allen junr., Samuel Shumway, Comfort Johnson, 



Acts, 1805. — Chapter 33. 439 

Stephen Harding, Oliver Morse, Alpheus Wight, John 
Munger, Stephen Neeclham, James Tiffany, Samuel Wil- 
lard, Humphrey Needham, Joseph Pratt, Hollo well Per- 
rin, Jacob Thompson, Ezra Webber, Isaac Partridge, 
Nehemiah May, Joshua Barrett, and Terrence Webber, 
together with such others as already have, or may here- 
after associate with them, their successors and assigns, be 
and they hereby are made a Corporation, by the name of corporate 
The Worcester & Stafford Turnpike Corporation, for the 
purpose of locating, making, and keeping in good repair, 
a turnpike road, from the post road in the town of Worces- course of the 
ter, thro' the towns of Leicester, Charlton, Sturbridge, ^°^^' 
Holland, and South Brimfield, to the line between Massa- 
chusetts and Connecticut, and so as to meet the Hartford 
Turnpike, in the town of Stafford in the State of Connec- 
ticut, or thro' a corner of Brimfield, as the Committee 
herein named, shall direct ; and for this purpose shall 
have all the powers & privileges, and shall also be subject 
to all the duties, requirements, and penalties, prescribed 
& contained in an Act, entitled, "An Act defining the 
general powers and duties of Turnpike Corporations," 
passed the sixteenth day of March in the year of Our 
Lord one thousand eight hundred and five. 

Sect. 2d. And be it further enacted, that Salem Town, committee em. 
Abner Brown, and Aaron Marsh Esqrs. be and they hereby uTdte'^road and 
are appointed a Committee to locate said road in the best ^^^a^les. 
direction, according to their best skill and Judgment, from 
the Post Road in Worcester to the end of the Stafford Turn- 
pike, at the line of this Commonwealth, in South Brimfield ; 
and the said Committee are hereby empowered to assess 
such damages, as any individual may sustain by reason of 
laying Out and making said road, when the Corporation 
and such individual cannot agree, reserving to either party 
the right of trial by Jury, according to the law, Which 
provides for the recovery of damages accruing by the lay- 
ing Out of Public highways. And when the said Com- 
mittee have completed their business, they shall make 
return to the next Courts of General sessions of the Peace 
to be holden in the Counties of Worcester & Hampshire, 
of the courses and distances, and damages assessed in each 
County, which shall have the same effect, as though the 
same had been done by a Committee appointed by said 
Courts, for the same purposes, and that the expence of 
the said Committee shall be paid by the said Corporation. 

Approved February 13, 1806. 



440 Acts, 1805. — Chaptees 34, 35. 

1805. — Chapter 34. 

[January Session, ch. 8.] 

AN ACT IN ADDITION TO AN ACT INTITLED "AN ACT TO IN- 
CORPORATE WILLIAM BARTLET AND OTHERS, INTO A COM- 
PANY BY THE NAME OF THE NEWBURY PORT MARINE 
INSURANCE COMPANY." 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives in General Court assembled and by the 
Part of previous authority of the same that the tenth Section of the Act 
lepea e . entitled "an Act to incorporate William Bartlet and others 
into a Company by the name of the Newbury Port Marine 
Insurance Company," which is in the words following vizt. 
^'- And be it further enacted^ That no person being either 
singly or as a partner with one or more persons a member 
of any other Company, carrying on the business of Marine 
Insurance in said Newbury Port, shall be eligible as a 
Director of the Company by this Act established " be and 
hereby is repealed. 

Sec 2. Be it further enacted, that from and after the 
passing of this Act, no person being a Director in any other 
Marine Insurance Company, shall be a director of the New- 
buryport Marine Insurance Company, incorporated by the 
Act to which this is in addition. 

Approved February 15, 1806. 

1805. — Chapter 35. 

[January Session, ch. 9.] 

AN ACT FOR LIMITING THE TIMES WITHIN WHICH WRITS OF 
ERROR SHALL BE BROUGHT FOR THE REVERSING OF ANY 
JUDGMENTS. 

Whereas it is expedient that titles estates and interests^ 
depending on judgments, recovered at law, should be quieted 
after a reasonable time expired after the rendition of such 
judgments. Therefore 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
Writs of error of the samc. That no Judgment in any Action or suit here- 
within^z^o /ears, tofoi'e, or which hereafter may be rendered, shall from and 
after the passing of this Act be reversed or avoided for any 
Error or defect therein unless the writ of Error brought 
for reversing the same be sued out within twenty years 
next after the rendition of such Judgment. 



Acts, 1805.— Chapters 36, 37. 441 

Provided alioays, that if any person who is or shall be Proviso, 
entitled to such writ of error shall at the time such title 
accrued be within the age of twenty One Years covert or 
non compos mentis then such person his or her heirs execu- 
tors or administrators, notwithstanding the said twenty 
Years expired, may bring a Writ of error for the reversing 
of any such judgment as such person might have done in 
case this Act had not been made so as the same writ of 
error be sued out within five years after the coming of 
Age, discoveture coming of sound mind or death of such 
person whichever shall first happen and not afterwards. 

A2')X>roved February 15, 1806. 

1805. — Chapter 36. 

[January Session, ch. 10.] 

AN ACT PRESCRIBING THE MANNER OF PROVING PRIVATE ACTS 
AND RESOLVES OF THIS COMMONWEALTH IN COURTS OF 
LAW. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled and by the authority of 
the same. That the printed Copies of the Private Acts and 
Resolves of this Commonwealth which now are or hereafter 
shall be printed by and under the authority of the Legis- 
lature of this Commonwealth shall be admitted as good 
-evidence thereof in all Courts of Law without any further 
proof whatsoever. Approved February 15, 1806. 

1805. — Chapter 37. 

[January Session, ch. 11.] 

AN ACT EXEMPTING COBBOSSEE CONTEE RIVER IN THE TOWN 
OF GARDINER, FROM THE OPERATION OF ALL LAWS REGU- 
LATING THE SALMON, SHAD AND ALEWIVE FISHERIES. 

Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority of 
the same — That all laws heretofore made, which regulate 
the fishery of Salmon, Shad, and Alewives, in Cobbossee 
Contee River, so called, within the town of Gardiner, in the 
County of Kennebec, or that respect any mill-dam across 
said river, be so far repealed, that from and after passing 
this Act, they shall cease to operate or have any effect, so 
far as respects said river, or any part thereof. 

Approved February 17, 1806. 



442 



Acts, 1805. — Chapters 38, 39. 



New terme. 



Former laws 
repealed. 



New terms. 



1805. — Chapter 38. 

[January Session, ch. 12.] 

AN ACT ESTABLISHING THE TIMES AND PLACE OF HOLDING 
THE COURT OF GENERAL SESSIONS OF THE PEACE WITHIN 
AND FOR THE COUNTY OF ESSEX. 

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 
this Act, the Court of General Sessions of the peace for 
the County of Essex, shall be holden at Ipswich within 
and for the County of Essex on the second Tuesday of 
April, & the second Tuesday of October annually, and all 
Writs processes, recognizances, and other matters and 
things returnable to, or continued at the term of said 
Court, heretofore by law to be holden within and for the 
County of Essex on the last monday of March next, shall 
be returnable and stand continued to and have day in said 
Court which is hereby to be holden in and for said County 
on the second Tuesday in April next. 

Sec. 2. ^e tY /wr^/^e?* enac^ecZ that all Laws heretofore 
made and passed fixing and establishing the times and places 
of holding the Court of General Sessions of the Peace within 
and for said County of Essex, be and the same, hereby are 
repealed. Approved February 17, 1806. 

1805. — Chapter 39. 

[January Session, ch. 13.] 

AN ACT ESTABLISHING THE TIMES AND PLACES OF HOLDING 
THE COURTS OF COMMON PLEAS, AND THE COURTS OF GEN- 
ERAL SESSIONS OF THE PEACE, IN THE COUNTY OF YORK. 

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 
this Act, the Courts of Common pleas within and for the 
County of [of] York shall be holden at York, on the third 
Monday in April ; at Alfred, on the second Monday in Sep- 
tember ; & at Biddeford, on the first Monday in January ; 
annually. — And the Courts of General Sessions of the 
Peace within and for the County of York, shall be holden 
at York, on the Thursday next preceeding the third Mon- 
day in April ; and at Alfred on the thursday next preceed- 
ing the second Monday in September ; annually. 



Acts, 1805. — Chapter 40. 443 

Sec. 2. Be it further enacted, that all actions, suits, Business trans- 
appeals, plaints, bills, informations, recognizances and 
things whatsoever, now pending by continuance, appeal 
or otherwise, or which may be hereafter commenced to 
be heard and tried at the Court of Common Pleas to be 
holden at York within and for the County of York on the 
fourth Monday in April next ; shall be continued to, have 
day in, acted upon, heard and tried at the Court of Com- 
mon Pleas to be holden at York, by virtue of the first 
section of this Act, — And all petitions and other matters 
and things continued to, now pending in, or to be com- 
menced at the Court of General Sessions of the Peace to 
be holden at York within and for the County of York, on 
the Wednesday next preceeding the third Tuesday of April 
next ; shall be continued to, have day in, acted upon, heard 
and determined at the Court of General Sessions of the 
Peace to be holden at York, by virtue of the first section 
of this Act. 

Sec. 3. Be it further enacted , that all Laws heretofore Former lawa 
made establishing or altering the times and the places of ^^^'^^ 
holding the Courts of Common Pleas, and the Courts of 
General Sessions of the Peace, within and for the County 
of York, be, and the same are hereby repealed. 

Sec. 4. Be it further enacted, that the Secretary shall jfrecTe'dlo pub. 
cause this Act to be published in the New England Palla- Hehact. 
dium, and in the several Newspapers printed in Portland, 
as soon as may be. Apinoved February 21, 1806. 

1805. — Chapter 40. 

[January Session, ch. 14. J 

AN ACT FOR SETTING OFF ELIJAH GOODENOUGH & OTHERS 
FROM THE FIRST PRECINCT IN BOYLSTON IN THE COUNTY 
OF WORCESTER AND ANNEXING THEM TO THE SECOND PRE- 
CINCT IN BOYLSTON, STERLING AND HOLDON. 

Whereas when the second Precinct in Boylston, Sterling Preamble. 
and Holden loas incorporated, the Lands now owned by 
Elijah Goodenough, David Hathan, Levi Peirce, Francis 
Keyes, Jacob Hinds, Hollis Peirce, John StJiith and Jonas 
Holt, included ivithin the Lines of the said second precinct, 
tvere, by the certificate of the choice of the owners thereof, 
reannexed to the First Precinct in Boyhton, according to 
the provision made in the second Section of the Act incor- 
porating said second Precinct and they have noiv p)etitioned 
to be annexed to the said second precinct. 



444 



Acts, 1805. — Chapter 41. 



from first 
precinct 



Sect. 1. Be it enacted by the Senate and House of 
Representatives in General Court asse7nhled, and by the 
Persons set off authority of the same, that the said Elijah Goodenough, 
David Hathan, Levi Peirce, Francis Keyes, Jacob Hinds, 
Hollis Peirce, John Smith and Jonas Holt together with 
all their Lands and tenneraents lying within the said second 
Precinct be and they are hereby set ofi' from the first Pre- 
cinct in Boylston and annexed to the second Precinct in 
Boylston, Sterling and Holden. 

And ivhereas Oliver Peirce, William Eames, Jonathan 
Plimpton, Daniel Harris, Edmund Brigham, Zachariah 
Child and Thomas Hatherly have also petitioned that 
they may be set off from the said first and annexed to the 
sd. second precinct. 

Sect. 2. Be it further enacted^ that they the said 
second precinct. Qliver Pcircc, William Eames, Jonathan Plimpton, Daniel 
Harris, Edmund Brigham, Zachariah Child and Thomas 
Hatherly with their Families and estates be and they 
hereby are set off from the said first precinct in the Town 
of Boylston and annexed to the said second precinct in 
Boylston, Sterling and Holden. 

Approved February 22^ 1806. 



Persons 
annexed to 



Persons incor- 
porated. 



Corporate 
name. 



1805. — Chapter 41. 

[January Session, ch. 15.] 

AN ACT TO ESTABLISH A CORPORATION BY THE NAME OF THE 
PLUMB ISLAND TURNPIKE AND BRIDGE 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 Leonard Smith, Ebenezer 
Stocker, Moses Brown, William Bartlett, David Coffin, 
Jonathan Gage, and John Greenleaf together with all such 
other persons as have or may hereafter associate with them, 
their successors and assigns be, and they hereby are made 
a Corporation by the name of The Plumb Island Turnpike 
and Bridge Corporation, for the purpose of laying out and 
making a Turnpike road from the north east end of Rolfe's 
Lane, in the town of Newbury, in the County of Essex, in 
a line as direct as practicable to a point on Plumb Island, 
about one mile north of Sandy Beach, so called, and build- 
ing a bridge across Plumb Island River, and other neces- 
sary bridges, and for this purpose, shall have all the powers 
and privi ledges, and be subject to all the duties, require- 



Acts, 1805. — Chapter 42. 445 

ments and penalties, contained in an Act, entitled, "An 
Act defining the general powers and duties of Turnpike 
Corporations," passed March the sixteenth, One thousand 
eight hundred and live. Provided., said Bridge across Description of 
said Plumb Island River be constructed in the following " ^^' 
manner, vizt. — that there shall be a convenient draw in 
said bridge of thirty feet in width, and that there shall be 
a wharf by the side of the draw extending twenty five feet 
from each side of said bridge, and a plank fixed for a tow- 
ing-path through the draw, on the same side with said 
wharf, for the convenience of towing of vessels and boats 
through said bridge, and an Arch of fifty feet in width under 
said bridge, the under side of said Arch to be at least eight 
feet above high water mark, at a common tide ; and Pro- 
vided., the said draw shall be kept raised, in the night time, 
from the fifteenth day of August to the first day of October 
annually, and be raised at all other times for vessels or 
boats to pass free of toll, and one lamp shall be kept burn- 
ing over the centre of said Arch, and another lamp at the 
draw in the night time, from the said fifteenth day of 
August to the first day of October Annually. 

Sec. 2. Be it further enacted, Th?it said corporation Toiieatab- 
be, and hereby are authorised and impowered to demand * ® • '^• 
and receive, two cents of each foot person who may pass 
the gate, which may be establis[h]ed for said Turnpike and 
Bridge ; and that said Corporation shall take such efiectual 
measures as will prevent all such horses, neat cattle. Sheep 
and Swine, as may be found going at large, from passing 
over said Turnpike and Bridge, so as to get on to the salt 
marsh, or said Plumb Island adjoining. 

Approved February 24, 1806. 

1805. — Chapter 43. 

[January Session, ch. 16.] 

AN ACT TO ANNEX THE TOWN OF HINSDALE, TO THE MIDDLE 
DISTRICT FOR THE REGISTRY OF DEEDS, 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 from and after the passing of this Act, the 
town of Hinsdale be and hereby is annexed to the Middle 
District for the Registry of Deeds in the County of Berk- 
shire, and the qualified Voters of said town shall in future 
Vote accordingly for a Register of Deeds for the said 
Middle District. Approved February 25, 1806. 



U6 



Acts, 1805. — Chapter 43. 



fihad and ale- 
wife fishery to 
be regulated. 



Agents to sell 
right of taking 
fish and to 
be accountable 
for proceeds. 



Penalty for tak- 
ing fish contrary 
to regulatione. 



1805. — Chapter 43. 

[January Session, ch. 17.] 

AN ACT AUTHORISING THE INHABITANTS OF THE TOWN OF 
ACTON IN THE COUNTY OF MIDDLESEX TO REGULATE THE 
TAKING OF FISH, CALLED SHAD AND ALEWIVES WITHIN 
THE LIMITS OF 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 from and after the passing of 
this Act, it shalt be lawful for the inhabitants of Acton, to 
sell the right and regulate the times, places, and manner 
of taking Shad, and Alewives within the limits of said 
town, not exceeding, in point of time, three days in a 
Week. — And the inhabitants of said town, at their annual 
meetings in March or April are hereby authorised and em- 
powered to appoint Agents whose duty it shall be to carry 
into execution the purposes of this Act. 

Sec. 2. Be it farther enacted, That the Agents afore- 
said may, in behalf of said town, and for their use and 
benefit sell the right and regulate the times, places and 
manner of taking said fish within the town aforesaid — 
And for the proceeds of the sale of said right, said Agents 
shall be held to Account with and pay to the said inhab- 
itants from time to time in such manner as they shall 
direct by vote in said meetings in March or April. 

Sec 3. Be it farther enacted, That the said Agents 
shall forthwith, after establishing such rules and regula- 
tions, and determining by whom said fish may be taken, 
cause a copy thereof, under their hands, to be posted up in 
two or more public places within the said town ; And if 
any person or persons, other than those to whom said 
right shall be sold as aforesaid, shall take any of said fish 
within the town aforesaid, or if any person or persons to 
whom said right shall be sold as aforesaid, shall take any 
of said fish, at any other time, in any other place, or in 
any other manner, than shall be expressed in the condi- 
tions of the sale to them, such person or persons, so offend- 
ing, shall severally and for each and every offence, forfeit 
and pay treble the value of said fish so taken ; to be recov- 
ered in an Action on the case, to the use of any person 
who may sue for the Same. 

Approved February 25, 1806. 



Acts, 1805. — Chapter 44. 447 

1805. — Chapter 44. 

[January Session, ch. 18.] 

AN ACT TO INCORPORATE SIMON LARNED AND OTHERS BY THE 
NAME AND STILE OF THE PRESIDENT, DIRECTORS AND COM- 
PANY OF THE BERKSHIRE BANK. 

Sec. 1st. Be it enacted hy the Senate and House of 
Representatives in General Court assembled, and by the 
authority of the same, that Simon Larned, Timothy Childs, Persons incor- 
Joshua Danforth, Daniel Pepoon, David Campbell, James p°''*''®<^- 
D. Colt Junr., Thomas Allen Junr., Theodore Hinsdale 
Junr., Ebenezer Center, Joseph Merrick and their asso- 
ciates, successors and assigns, shall be, and hereby are 
created and made a Corporation, by the name and stile of Corporate 
the President, Directors and Company of the Ber[s] kshire 
Bank, and shall so continue from the first monday of Octo- 
ber next, until 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 General powers. 
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. 2nd. Be it further enacted, that the capital Stock CapUai stock; 
of the said Corporation shall consist of seventy five thou- ^ "'■®^'®°- 
sand dollars in gold or Silver, to be divided into shares 
of one hundred dollars each ; and the said sum of seventy- 
five thousand dollars shall be paid in, on or before the first 
monday of October in the year of our Lord one thousand 
eight hundred and six ; and no discount shall be made at 
said Bank, until the Directors and Company aforesaid shall 
have produced satisfactory 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. 



448 Acts, 1805. — Chapter 44. 

And the Stockholders at their first meeting 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 Corporation, shall be bind- 
ing 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 capital stock. And the said Corporation 
are hereby made capable in law to have, hold, purchase, 
receive, possess, enjoy and retain, to them their succes- 
sors and assigns, lands, rents, tenements and heredita- 
ments to the amount of ten thousand dollars and no more 
at any one time, with power to bargain, sell and dispose 
of the same lands tenements and hereditaments, and to 
loan and negotiate their monies and effects, by discount- 
ing, on Banking principles, on such security as they shall 
think adviseable. Provided however, that nothing herein 
contained shall restrain or prevent the said Corporation 
from taking and holding real estate on execution or in 
mortgage to any amount, as collateral security for the 
payment of any debt due to the said corporation. 
RuieB, etc. gj,^ ^nY>. Be it farther 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 have in circulation 
at any one time, bills, notes or obligations 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 pay- 
ment 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 f ir and chargeable with 
such excess. Second. That the said Corporation shall not 
vest use or improve any of their monies, goods, chattels 
or efiects in trade or commerce, but may sell all kinds of 
personal pledges, lodged in their hands, by way of secu- 
rity to an amount sufficient to reimburse the sum loan'd, 
with interest & charges. Third. That the lands, te