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

ii|iii|i.!|ii!ifrj!iftii*^MA''M^^ 



«^v 



LAWS 



OF THE 



CommonUiealtll) of ^aj^^acfiu^ettj^, 

PASSED AT THE SEVERAL 

SESSIONS OF THE GENERAL COURT, 

BEGINNING MAY, 1818 AND ENDING FEBRUARY, 1822. 

Published agreeably to a Resolve of 16th January, 1812. 




VOL. viir. 



BOSTON : 

PRINTED FOR BENJ. RUSSELL, PRINTER TO THE STATE, 
BY RUSSELL AND GARDNER. 



-v* 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON THE 87th DAY OF 
MAY, AND ENDED ON THE 13tk OF JUNE, 1818. 



CHAP. I. 



An Act for continuing in force '^ An act respecting the 
Courts of Probate in the county of Norfolk." 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That an act, entitled " An 
act respecting the Courts of Probate in the county of 
Norfolk," passed on the fourteenth day of June, in the 
year of our Lord one thousand eight hundred and six- 
teen, be, and the same is hereby continued in force, 
until repealed by the Legislature : Provided however, 
that there shall be, hereafter, three terms only «f said 
Court .of Probate, holden in the first parish in Wren- 
tham, in each year, successively, at such times as the 
Judge of Probate for said county shall appoint. 

[Approved by the Governor, June 6, 1818.] 



4i SUP. JUDICIAL COURT. Jmie 13, 1818. 



CHAP. II. 

All Act in further addition to *^ Art act establishing a 
law term of the Supreme Judicial Court to be holden 
within and for the counties of Plymouth and Bristol." 

Sec. i. 15E it enacted by the Senate and House of 
Hepresentatives, in General Court assembled^ and by 
the authority of the same^ That the counties of Barn- 
stable and Dukes' County shall be and they hereby are 
annexed to the law circuit of the Supreme Judicial 
Counties an- Court, now held at Plymouth and Taunton for the 
nexed. countics of Plymouth and Bristol, alternately and an- 

nually. And all the provisions, privileges, duties and 
requirements, contained in " an act establishing a law 
term of the Supreme Judicial Court to be holden with- 
in and for the counties of Plymouth and Bristol/' pass- 
ed on the second day of March, in the year of our Lord 
one thousand eight hundred and fifteen ; also, in an 
act, entitled ^' an act in addition to the act establishing 
a law term of the Supreme Judicial Court within and 
for the counties of Plymouth and Bristol," passed on 
the twenty-fourth day of January, in the year of our 
Lord, one thousand eight hundred and sixteen, shall ex- 
tend to, and operate upon all actions, suits, processes, 
and matters and things, now by law to be heard, tried 
and acted on, in the Supreme Judicial Court to be held 
at Barnstable, in the county of Barnstable, and for the 
counties of Barnstable and Dukes' County, and which 
may hereafter arise and happen within the same coun- 
ties of Barnstable and Dukes' County, in the same way 
and manner as if the said counties of Barnstable and 
Dukes' County had been named and included in the 
aforesaid acts, and in the same way and manner as the 
same provisions, privileges, duties, and requirements, 
now by law, extend to, and operate upon all actions, 
suits, processes, and matters and things, to be heard, 
tried and acted on in t]ie Supreme Judicial Court, to 
be held by law at Plymouth and Taunton, for the coun- 
ties of PJymouth and Bristol, an^iually and alternately, 
agreeable to the provisions of the aforesaid acts. And 



TRESPASSES. June i2, iSiS. 5 

all the provisions, privileges, duties and requirements, 
contained in the acts aforesaid, as the same respects 
the Justices of the Supreme Judicial Court, their 
Clerks, and all other officers of the counties of Ply- 
mouth and Bristol, shall extend to the said Justices, 
the Clerk of the Supreme Judicial Court for the coun- 
ty of Barnstable, and such other officers in the counties 
of Barnstable and Dukes' County, in the same way and 
manner, as they now by law extend to them, in the 
counties of Plymouth and Bristol, by virtue of the acts 
aforesaid. 

Sec. 2. Be it further enacted^ That from and after 
the first day of August next, the term of the Supreme 
Judicial Court, which, by the first section of the act, 
entitled " An act establishing a law term of the Su- 
preme Judicial Court to be holden within and for the 
counties of Plymouth and Bristol,'^ passed on the sec- Times of Uoid 
ond day of March, in the year of our Lord one thousand '"» ^o"*^^- 
eight hundred and fifteen, is therein provided to be hold- 
en annually, alternately at Plymouth, in the county of 
Plymouth, and at Taunton, in the county of Bristol, on 
the second Tuesday in July, shall be annually held at 
Plymouth, in the county of Plymouth, and for the coun- 
ties of Plymouth, Bristol, Barnstable and Dukes' Coun- 
ty, on the second Tuesday in July. 

[Approved by the Governor, June 13, 1818.] 



CHAP. III. 

An Act in addition to the act, entitled " An act for the 
more effectually preventing of Trespasses in divers 
cases.'* 

Sec. 1. JjE it enacted hy the Senate and Hotise of 
Representatives, in General Court assembled, and btf 
the authority of the same, That from and after the pass- 
ing of this act, if any person shall enter upon any grass 
land, orchard or garden, without permission from the 



PenaUic's, 



6 TRESPASSES. June 12, 1818, 

owner thereof, with intent to cut, destroy, take, or car- 
ry away, any grass, hay, fruit, or vegetables, with the 
intent to injure or defraud such owner, each person, so 
oflcnding, shall forfeit and pay, for every such offence, 
a sum not less than two dollars, nor more than ten dol- 

Fit.cs. lars, to the use of the Commonwealth, to be recovered 

on complaint before any Justice of the Peace of the 
county in which the offence shall be committed ; and 
the persons so offending shall also be liable in dama- 
ges to the party injured. 

Sec. 2, Be it further enacted, That from and after 
the passing of this act, if any person, having entered 
upon any grass land, orchard or garden, shall take 
therefrom, without permission of the owner thereof, and 
with the intent to injure and defraud such owner, any 
grass, hay, fruit, vegetable, or shrub, cultivated thereon 
for ornament or use, such person, so offending, shall 
forfeit and pay, for each offence, to the use of the Com- 
monwealth, a sum not less than five, nor more than fifty 
dollars, to be recovered by indictment, or information, 
before the Circuit Court of Common Pleas, in the coun- 
ty where such offence shall be committed, or the Mu- 
nicipal Court of the town of Boston, if such offence be 
committed in the county of Suffolk ; and the person, 
so offending, shall be also liable to the party injured, 
in a sum equal to three times the value of such grass, 
hay, fruit, vegetable, or shrub, to be recovered by action 
of the case in any Court of competent jurisdiction. 

Sec. 3, Be it further enacted. That any person, 
who having entered upon any grass land, field or or- 
chard, shall, without permission of the owner thereof, 
and with the intent to injure him, break, bruise, cut, 

F«»fciiiucs. mutilate, injure, or destroy, any fruit tree, tree for or- 
nament or shade, or shrub cultivated thereon, for orna- 
ment or use, and which shall Ke standing or growing 
thereon, such person so offending, shall forfeit and pay 
to the use of the Commonwealth, a sura not less than 
ten dollars, nor more tlian one hundred dollars, to be 
recovered by indictment or information, in manner as is 
provided in the second section of this act. 

Sec. 41. Be it further enacted, That if any person 
shall commit any of the trespasses mentioned in this 



BIRD ISLAND. June 12, 1818. : 

act, on the Lord's day, or in tlie night time, that is to 
say, between sun setting and sun rising, he shall be lia- 
ble to double the penalties and forfeitures, tiie same tonouWePen^ 
be prosecuted for, and recovered, in manner as before'' '^* 
provided ; and all prosecutions for breaches of this act, 
shall be commenced within one year from the time the 
offence shall be committed, or the penalties or forfeit- 
ures shall have accrued, and not afterwards. 

' [Approved by the Governor, June 12, 1818.] 



CHAP. IV. 

An Act for the preservation of Bird Island, in Boston 

Harbour. 

JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the pass- 
sing of this act, no earth or stones shall be taken from 
the island, called Bird Island, in Boston harbour, in 
the county of Suffolk, without license first had and ob- 
tained of the Selectmen of the said town of Boston, for 
that purpose, in writing, by the person taking the same, 
specifying the quantity allowed to be removed, and the 
object of removing it. And every person, who, with- 
out permission obtained as aforesaid, shall remove any 
earth or stones from the said Island, in any boat, or in 
any ship or vessel whatsoever, shall forfeit and pay for 
each offence, tli£ sum of twenty dollars, to the use of 
the said towMi, to be recovered by the Selectmen of the 
said town, by an action of debt, in any Court proper to 
try the same. 

[Approved by the Governor, June 12, 1818.] 



8 NAMES CHANGED. June IS, 1818. 



CHAP. V. 

All Act to change the Names of the several persons 
therein mentioned. 

JjE it enacted ly the Senate and House of 
MepresentativeSf in General Court assembled, and by 
the authority of the same. That from and after the pass- 
ing of this act, George Mayo Edgar of Boston, shall 
be allowed to take the name of Mayo Graves Edgar ; 
Ihat John Harris, son of the late Samuel Harris of Bos- 
ton, shall be allowed to take the name of John Welch 
Harris ; that Daniel Johnson of Boston, shall be allow- 
ed to take the name of Daniel Bridges Johnson ; that 
John Wilkins of Boston, trader, shall be allowed to 
take the name of John Fox Wilkins ; that Hobert 
Breck Williams, son of Thomas Williams of Boston, 
shall be allowed to take the name of Robert Breck 
Garven Williams ; that Daniel Chase Hazeltine, resi- 
dent in Boston, (late of New-Hampshire,) shall be 
allowed to take the name of Daniel Hazeltine Chase, 
all of the county of Suffolk ; that Benjamin Browne the 
third, of Salem, apothecary, shall be allowed to take 
the name of Benjamin F. Browne; that Josiali New- 
hall of Lynn, shall be allowed to take the name of Jo- 
siah Selkirk Newhall ; that Jonathan Phillips of said 
Lynn, shall be allowed to take the name of Benjamin 
ilonathan Phillips, all of the county of Essex ; that the 
name of Clementina Harrington of Southbridge be, and 
hereby is confirmed to her the said Clementina ; that 
Henry Marshall Pinkney of Southborough, shall be 
allowed to take the name of Larkin Newton ; that 
Lucius Paige, son of Timothy Paige, Esquire, of Hard- 
wick, shall be allowed to take the name of Lewis Rob- 
inson Paige, all of the county of Worcester ; that Eli- 
jah Hoar, of Montague, shall be allowed to take the 
name of Elijah Hanson, and that his several minor 
children shall be allowed to take the same name, viz. : 
Lucretia Hanson, Erastus Gunn Hanson, Morilla Han- 
son, Asahel Gunn Hanson, and Elislia Shaw Hanson ; 
that William Hoar, of Deerfield, shall be allowed to 



KILLING OF DEER. June 13, 1818. 

take the name of William Hanson, and that his several 
minor children shall be allowed to take the same name, 
viz.: Lucy Hanson. Ariel Hanson, Submit Hanson Fla- 
villa Hanson, John Milton Hanson, Caroline Hanson, 
Melinda Hanson, Persis Hanson, and Edwin Hanson ; 
that John Hoar of Greenfield, shall be allowed to take 
the name of John Hoar Wheeler; that John Cheney 
of Orange, shall be allowed to take the name of John 
Cheney Hill, all of the county of Franklin ; that Eli- 
za Stebbins Snow of Northampton, in the county of 
Hampshire, shall be allowed to take the name of Eliza 
Snow Stebbins ; that Briggs Sampson of Duxbury, in 
the county of Plymouth, shall be allowed to take the 
name of Henry Briggs Sampson ; that Beiijamin Sisson, 
of Westport, in the county of Bristol, shall be allowed 
to take the name of Benjamin Baylies Sisson ; that 
Marsena Graton of Sandwich, in the county of Barn- 
stable, shall be allowed to take the name of Alwin M. 
Graton ; that Randolph Codman of Limerick, in the 
comity of York, shall be allowed to take the name of 
Kandolph \ugustus Lawrence Codman. And the said 
several persons shall hereafter be called and known 
by the names, wl.ich, by this act they are severally and 
respectively allowed to take as aforesaid; and the same 
shall be considered as their only proper and legal name. 

[Approved by the Governor, June 12, 1818.] 



CHAP VL 

An Act to prohibit the hunting and killing of Deer, in 
the counties of Hampden, Hampshire and Franklin. 

15 E it enacted by the Senate and House of 
Mepresentativps, in General Court assembled^ and by 
the authority of the same. That, until the expiration of 
five years from and after the passing of this act, if any 
person shall hunt, chase with dog or dogs, or intention- 
ally suffer any dog or dogs to chase, or shall kill any 
deer^ not his own, within the counties of Hampshire, 



10 COURTS. June IS, 1818, 

Hampden, or Franklin, lie shall, for every such offence, 
forfeit the sum of twenty-one dollars, to be recovered 
by action of debt, in any Court proper to try the same : 
one moiety thereof to the use of the person suing there- 
for, and the other moiety thereof to the use of the town 
wherein such offence shall be committed. 

[Approved by the Governor^ June 13, 1818.] 



CHAP. VII. 

An Act to alter the time of holding the Boston Court of 
Common Pleas, within and for the county of Suffolk. 

JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the Boston Court of 
Common Pleas, now by law appointed to be holden at 
Boston, within and for the county of Suffolk, on the 
first Tuesday of October, annually, shall, from and 
after the passing of this act, be holden at Boston with- 
in and for the county of Suffolk, on the last Tuesday 
of September, annually. 

[Approved by the Governor, June 13th, 1818.] 



CHAP. VIII. 

An Act repealing an act, entitled *' An act in addition to 
an act making provision for the holding of a term of 
the Supreme Judicial Court in the counties of Frank- 
lin and Hampden, and for altering the time of hold- 
ing tlie same in the counties of Hampshire and 
Berkshire.'' 

Sec 1. JjE z^ enacted by the Senate and House of 
Hepresentatives^ in General Court assembled, and by 
the authority of the same^ That an act passed on the 



COURT OF SESSIONS. June 13, 1818. 11 

seventeenth day of June, in the year of our Lord one 
thousand eight hundred and seventeen, entitled "^ An 
act in addition to an act making provision for the hold- 
ing of a term of the Supreme Judicial Court in the Act repealed. 
counties of Franklin and Hampden, and for altering 
the time of holding the same in the counties of Hamp- 
shire and Berkshire," be, and the same is hereby re- 
pealed. 

Sec. 2. Be it further enacted. That the Supreme 
Judicial Court, which shall be holden in the said 
county of Hampden, at their adjourned term, on the Legality of ad. 
first Tuesday of September next, shall have cognizance^""'"'^' 
of all crimes and oflfenees committed within the said 
county of Hampden, in the same way and manner as 
they would have at any regular and established term 
of said Court, and may direct the Clerk of said Court 
to summon a Grand Jury to attend at the said adjourned 
term, if in their opinion the number of prisoners in the 
gaol in said county, or other circumstances, shall ren- 
der it expedient or necessary. 

Sec. 3. Be it further enacted, That all appeals, 
which shall or may be made from any judgment, de- Legality of ap- 
crce or sentence of the Circuit Court of Common Pleas, ^^"'^' 
which shall be holden in said county of Hampden, on 
the fourth Monday of August next, shall be entered, 
have day, and be proceeded upon, at the adjourned 
term of the Supreme Judicial Court to be holden in 
said county, on the first Tuesday of September next, 
in the same way and manner as by law appeals may be 
entered and acted upon at any regular term of said Court, 

[Approved by the Governor, June 13, 1818.] 



CHAP. IX. 

An Act to alter the times of holding the Court of Ses- 
sions in the county of Dukes' County. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same. That from and after the pass- 



la COURTS OF PROBATE. Jane 12, 1818. 

ing of this act, the Court of Sessions for tlie county of 
, Dukes' County, shall be holcien at Edgarton, in said 
county, on the Wednesday next after the third Monday 
of May, and on the Wednesday next after the first 
JVionday of November, annually ; instead of the times 
heretofore established for holding said Courts ; and all 
petitions, recognizances, warrants, reports and pro- 
cesses whatsoever, shall be returned to, be entered, have 
day in, and be proceeded upon, in the same Court, to 
be holden on such Wednesdays aforesaid, any law to 
the contrary notwithstanding. 

[Approved by the Governor, June IS, 1818.] 



CHAP. X. 

An Act directing the Judge of Probate, within and for 
the county of York, to hold Probate Courts in the 
town of Limerick. 

15 E it enacted by the Senate and House of 
JRepresentatives, in General Court assembled^ and by 
the authority ofth^ same. That from and after the first 
day of July next, the Judge of Probate, within and for 
the county of York, be, and he is hereby directed to 
hold two Probate Courts in each year in the town of 
liimerick, in said county, at such times as he may think 
proper; previously giving public notice thereof in said 
county ; any usage or law to the contrary notwith- 
standing. 

[Approved by the Governor, June 12, I8I8.3 



GENERAL AND COM. FIELDS. June 13, 1818. 13 



CHAP. XL 

An Act in further addition to an act, entitled " An act 
concerning general and common Fields." 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and hj 
the authority of the same. That when the major part, in 
interest, of the proprietors of any tract of land, consist, 
ins of several allotments, shall be desirous of enclosing:, 
fencing and improviiig the same in one general field, 
they may apply to the Court of Common Pleas in the 
county where such land lies ; and when such land lies 
in different counties, then to the Supreme Judicial Court 
to he holden in either; and on such application, thejyjjjjj„p^,of 
said Qourt shall notify the proprietors concerned in said j.i>ing for leave 
land to appear at the same Court at the same or the uinds!*^^ " 
next term thereof, in such manner and form as the Court 
shall judge proper ; and if on hearing the said propri- 
etors, it shall be deemed for their general benefit by the 
said Court, they shall decide that such land shall be 
fenced, enclosed and improved in one general field ; 
and after such tract of land shall be so established as 
a general field, the first meeting of the proprietors may 
be called, on application to a Justice of the Peace» in 
the manner provided by the act, entitled " An act in 
further addition to an act, entitled an act concerning 
general and common fields,'' at any time in the year ; 
and at such first meeting, the proprietors of such field 
may agree upon the manner of calling and notifying 
future meetings, as well the annual as special meetings, 
of such proprietors ; and such proprietors shall be en- 
titled to all the rights and privileges, and subject to all 
the duties, to which proprietors of general and common 
fields now are, by the laws of this Commonwealth. 

[Approved by the Governor; June IS, 1818.] 



14^ 



BOARD OF HEALTH. 



June i2f 1818. 



n 



CHAP. XII. 



All Act authorizing the town of Chavlestowu to estab- 
lish a Board of Health. 



Sec. i. IjE it enacted by the Senate and House of 
IlepresentativeSy in General Court assembled, and by 
(■'' the authority of the same, That the inhabitants of the 
town of Charlestown, qualified to vote for town officers, 
may, in the month of March, annually, in town meeting 
assembled, elect, by ballot, seven able and discreet 
;' persons, being freeholders and residents in said town, 

to be a Board of Health, whose duty it shall be, when 
First meeting, notified by the Town Clerk, of their election as afore- 
said, to meet within six days after such notice, and 
organize themselves by electing a President and Sec- 
retary. The Secretary thus chosen, to be sworn to 
the faithful discharge of the duties of said office ; which 
oath shall be entered and subscribed by such Secre- 
tary, on the records of said board, and attested by the 
Organization pcrsou administering the same ; and a certificate from 
of Board. ^jjg rccords of Said board, shall be received and admit- 
ted as evidence in all, cases relating to the proceediiigs 
of said board. Oli'lhe death or resignation of any 
member of the said Board of Health, such vacancy 
shall be filled by election, by ballot, at the next town 
meeting which may be holden after such vacancy 
exists ; and a majority of the board shall be competent 
to transact any business which the whole board could 
transact. 

Sec. 3. Be it further enacted, That the said Board 
of Health shall have power, and it is hereby made 
their duty, to examine into all causes of sickness, nui- 
General Pow- sauccs, and sourccs of filth, that may be injurious to 
^^^- the inhabitants of the town of Charlestown, which do 

or may exist within the limits of said town, or in any 
vessel at any wharf within the limits thereof ; and the 
same to destroy, remove, or prevent, as the case may 
require ; and all the expenses attending the same, to 
be paid by the person or persons, who caused such 
nuisance to exist, if known ; and if not known, such 



BOARD OF HEALTH. June IS, 1818. 15 

expense to be paid by the town : And in all cases, 
where such nuisance;, source of filth, or cause of sick- 
ness, shall be found on private property, the owner or 
occupier thereof, on being notified by the authority of 
this board, and ordered to destroy or remove the same, 
shall forthwith remove or destroy such filth or nui- 
sance ; and in case said owner or occupier shall refuse 
or neglect to remove such filth, nuisance, or cause of 
sickness, from his, her, or their property, within the 
time specified by said board, he, she, or they, so of- 
fending, shall forfeit and pay a fine, of not less than 
one dollar, nor more than one hundred dollars, to be 
sued for and recovered by said Board of Health, in 
manner hereafter directed. And any two members of 
this board may cause the same nuisance to be removed 
or destroyed, as the case may require ; and all costs or 
expenses, incurred in removing or destroying the same, 
shall be paid by such owner or occupier, on whose 
premises, or in whose possession such cause of sick- 
ness, nuisance, or source of filth may be found. And 
the said board may have power to appoint scavengers 
when necessary, to carry into effect the requirements 
of this act, and the same to remove, and substitute 
others at the pleasure of the board. 

Sec. 3. Be it further enacted, That the said Board 
of Health shall have power to seize, take, and destroy, seizures 
or to remove to any safe place within the limits of the 
town, or cause the same to be done, any unwholesome 
and putrid, or tainted meat, fish, bread, vegetables, or 
other articles of the provision kind, or liquor, which in 
their opinion (first consulting some respectable physi- 
cian of the town of Charlestown,) shall be injurious to 
the health of those who might use them ; and the cost, 
of seizing, taking, destroying,), or removing, shall be, 
paid by the person or persons, ih whose possession the 
same unwholesome, putrid or tainted article shall or 
may be found : And whenever said board shall think ' 
it necessary for the preservation of the lives or health May enter 
of the inhabitants of said town, to enter forcibly any'*"*^^"^ 
building or vessel, having been refused such entry by 
the owner or occupier thereof, within the limits of the 
town of Charlestown, for the purpose of examining into, 
destroying, removing or preventing any nuisance, source 



16 BOARD OF HEALTH. June i2, 1818. 

of filth, or cause of sickness aforesaid, which said board 
have reason to believe is contained in such building or 
vessel ; any member of said board, by order of said 
board, may apply to any Justice of the Peace, within 
and for the county of Middlesex, and on oath complain 
and state, on behalf of said board, the facts, as far as 
said board have reason to believe the same, relative to- 
such nuisance, source of filth, oi cause of sickness afore- 
said ; and such Justice shall thereupon issue his war- 
rant directed to the Sheriff of the county of Middlesex, 
or either of his Deputies, or any Constable of the town 
of Charlestown, therein requiring them, or either of 
them, taking with them sufficient aid and assistance, 
and also in company with said Board of Health, or any 
two members of the same, between the hours of sun rise 
and sun set, to repair to the place where such nuisance, 
source of filth, or catfse of sickness, complained of as 
existing as aforesaid, and there if found, the same to 
destroy, remove or prevent, under the directions and 
agreeably to the order of said Board of Health, or such 

Proviso. members of the same as may be present for such pur- 
pose : Provided however, that no Sheriff, Deputy 
Sheriff, or Constable, shall execute any civil process, 
either by arresting the body, or attaching the goods or 
chattels of any person under color of any entry made 
for the purpose aforesaid, unless such service could by 
law be made without such entry ; and all services, so 
made under cover of such entry, shall be utterly void; 
and the officer making-such service shall be considered 
a trespasser to all intents ab initio ; and in all cases 
where such nuisance, source of filth, or cause of sick- 
ness, shall be removed as aforesaid, the costs arising in 

Fines. such proceedings shall be paid by the person or persons 

who caused or permitted the same nuisance, source of 
filth, or cause of sickness to exist, or in whose posses- 
sion the same may be found. 

Sec. 4. Be itfmther enacted. That the said Board 
of Health shall have power to make such rules, orders 
and regulations from time to time, for the preventing, 

RuU5, kc. removing or destroving of all nuisances, sources of filth 
and causes of sickness within the limits of the town of 
Charlestown, which they may think necessary ; which 
rules, orders and regulations, after having been posted up 



BOARD OF HEALTH. * June i% 1818. 17 

in three or more public places witliin the town, shall 
continue in force and be obeyed by all persons until al- 
tered or repealed by said board, or by the town ; and any 
person or persons who shall disobey or violate any such 
rules, orders or regulations so as aforesaid made, shall 
severally forfeit and pay for such oflVnce a sum not less 
than one dollar, nor more than fifty dollars, according 
to the nature and aggravation of such offence. 

Sec. 5. Be it further enacted, That the powers and 
duties which are given to, or required of the Selectmen 
of the town of f'harlestovvn, by a law of this Common- 
wealth, passed on the twenty. second day of June, in the 
year of our Lord one thousand seven hundred and 
ninety seven, entitled ^^ \\\ act to prevent tlie spread- 
ing of contagious sickness,'' and by the several acts in 
addition thereto, shall be, and they hereby are trans- Transfer of 
ferred to, and made the duty of the^ Board of Health of !'""<-'«• 
the town of Charlestown, from and after the election of 
said board, any thing in the said laws to the contrary 
notwithstanding. And for all expenses, which may 
arise in the execution of their duty, the said Board of 
Health shall be authorized to draw upon the Town 
Treasurer of the town of Charlestown ; and the accounts 
of said board, including all receipts and expenditures Ammai state- 
of money, shall be examined annually, and reported to ",hi,us*!' ' "^ 
the town by a committee chosen for that purpose ; and 
the same shall be paid by the Town Treasurer of the 
said town of Charlestown. 

Sec. 6. Be it further enacted. That all fines, for- 
feitnres and sums to be paid, arising under any of the 
provisions of this act, shall be prosecuted for, by and in 
the name of the Board of Health of the town of Charles- Fines. 
town, in the same manner within the couniy of Mid- 
dlesex, as is pointed out by the twelfth section of an act 
passed on the twentieth day of June, one thousand eight 
hundred and sixteen, entitled " An act to empower tlie 
town of Boston to choose a Board of Health, and to 
prescribe their power and duty for the recovery of all 
fines and forfeitures arising under said act in the county 
of Suffolk :" and all monies, arising by fines, forfeitures 
or sums to be paid under any of the provisions of this 
3 



18 FISHERY IN SCITUATE. Jme 13, 1818. 

act, shall enure to the use of the inhabitants of the town 
of Charlestown, and shall be accounted for by said 
board to the Treasurer of said town. 

[Approved by the Governor, June 12, 1818.] 



CHAP. XIII. 

An Act to regulate the Fishery in First Herring Brook, 
in the town of Scituate. 

JdE zf enacted hy the Senate and House of 
Jlepresentatives, in General Court assembled, and by 
the authority of the same, That the Selectmen of the 

Wardens, towtt of Scituatc shall be Fish Wardens in said town, 

then auihority=^j^^l shall havc autliority to open necessary and conve- 
nient sluice ways through any dam erected on the First 
Herring Brook, so called, in said Scituate, and shall 
annually form and publish such regulations respecting 
the preservation, and the time and manner of taking 
alewives in said First Herring Brook, with suitable 
fines and penalties annexed to the breach of said regu- 
lations as they may judge proper; said fines and pen- 
alties to be recovered by action or complaint in any 
Court having competent jurisdiction : Provided, said 
regulations are not inconsistent with the constitution and 

Proviso, laws of this Commonwealth : And provided also, that the 
said town of Scituate, at any legal meeting for that 
purpose, shall have power to dispose of the right of 
fishing in said First Herring Brook, according to the 
regulations aforesaid, to such persons, and upon such 
terms, as they may determine to be proper ; and all fines 
and penalties, which may be recovered for breaches of 

Appropriation this act, shall cuurc one half to the complainant, or 
person who may sue for and recover the same, and the 
other half to the poor of said town of Scituate. And 
the said regulations, which may be so formed and 
adopted by the Selectmen, shall be recorded in the 
town records ; and it shall be deemed sufficient notice 



BAPTIST SOCIETY. June 12, 1818. 19 

to all persons of the publication of said regulations, by 
posting them up in three several places in the said town, 
as the discretion of the Selectmen may direct. 

[Approved by the Governor, June IS, 1818.] 



CHAP. XIV. 

An Act to establish theFirst Baptist Society in Colraine. 

Sec. 1. JdE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That Jesse Lyons, George 
Winslow, JDavid Smith, Calvin Smith the second, 
Ebenezer Taylor, Eliphalet Adams, Thomas Fox, 
Ephraim Manning, John Manning, Ira Call, John 
Smith, Jonathan Johnson, Jonathan M. Smith. Lemuel Persons in. 
Pierce, Aaron Carey, Robert Merryfield, Nathanier^'i""^''^"'- 
Smith, Hezekiah Smith, George Walker, Junior. Jacob 
Gragg, Reuhen Hillman, Hugh McLellan, Mienjah 
Caril, Ephraim Wilcox, Cirenus Wilcox, Edmund 
Wood, Jonathan Totman, Stoddard Totman, Caleb 
Totman, Lathrop Perkins, Willard Thomas, junior, 
Aaron Coy, Joshua Vincent, Levy Coy, Orien Vincent, 
Moses C. Howard, Aaron Coy, junior, Edward Ad- 
ams, John Burrington the second, Lemuel Eddy, Amasa 
Winslow, Abraham Tisdale, Reuben Donelson, Daniel 
Donelson, Ignatius Pickins, Robert Merryfield, junior, 
Willard Thomas, Sebra Thomas, Simeon ]51andier, 
George Eels, John Call, Ira Donelson, Jesse Pickins, 
Daniel B. Spvague, Reuben Coy, Erastus Coy, John 
Smith the second, Samuel Brown, James McClallen, 
and Daniel Wilcox, with their polls and estates, to- 
gether with such other persons of the baptist denomi- 
nation, as may hereafter associate with them for religious 
worship, be, and they hereby are incorporated into a 
religious society, by the name of the First Baptist So- 
ciety in Colraine ; with all the powers and privileges, 
and subject to all the duties and requirements of other 
religious societies in this Commonwealth. 



20 



BAPTIST SOCIETY. 



June i'Z, 1818. 



Condition of 
membersliip. 



Certificate of 
seQessiou. 



First meetins 



Sec. 3. Be it farther enactedy That any inhabitant 
living in Colraine, or either of the adjacent towns, who 
may hereafter desire to join in religious fellowship with 
said First Baptist Society, shall have a right so to do, 
by leaving with the Clerk of said society, fifteen days 
before the annual meeting thereof in March or April, 
a certificate in writing thereof; and sliall also deliver a 
copy of the same to the Clerk of the town or society, 
with Avhicli such person has been before connected, at 
least fifteen days before tlie annual meeting thereof in 
March or April ; and such person, from the day of so 
leaving such a certificate of his ititentions, and such 
copy thereof as aforesaid, shall be considered to all 
intents and purposes as belonging to said First Baptist 
Society ; and shall thereafter be exempted from taxa- 
tion, of a nature exclusively parochial, in the town or 
society, to which before that time he belonged 

Sec. 3. Be it further enacted, That when any 
member of said First Baptist Society may see cause to 
secede therefrom, and to unite with any other religious 
society in the town of Colraine, or in either of tiie ad- 
joining towns, the like rule, in relation to certiQcates, 
shall be observed and required, mutatis mutandis, as is 
required in the second section of this act : Provided 
always, that in every case of secession from one society 
and joining another, the person so seceding shall be 
holden in law to pay his or her proportion of all taxes 
assessed, or voted to be assessed, on him or her, and on 
his or her estate, in the society so removed from. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace within the county of Franklin, be, and he 
hereby is, on application therefor, empowered to issue 
his warrant, directed to S(»me freeholder belonging to 
, said First Baptist Society, requiring him to notify and 
warn the members thereof, to meet at such convenient 
time and place, as shall be therein appointed, to organ- 
ize said society, by electing such officers as are usual 
in other similar societies ; and by transacting such 
other business of a parochial nature, as in said warrant 
sliall be expressed. And such officers, so chosen, 
shall hold their respective offices until others shall be 



AMER. INSURANCE COMP. June 12, 1818. 21 

ebosen and sworn in their stead, in the month of March 
or April next after the first meeting of said Eirst Bap- 
tist Society. 

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



CHAP. XV. 

An Act to incorporate the American Insurance 
Company. 

Sec. I, KE ?# enacted hy the Senate and House of 
Bejiresentativps. in General Court assembled, and by 
the authority of the same, That Thomas U. Perkins, 
William H. Hoardman, Paschal P. Pope, Jonathan 
Amory, junior, James Perkins, Benjamin Rich, David 
Hinckley, Daniel P. Parker, Edmund Munroe, Seth persons incor- 
Knowles, Richard D. Tucker, Samuel Parkman, jun-P"'"^^''' 
ior, Robert G. Shaw, Moses Wheeler, Ebenezer 
Farley, Francis J. Oliver, and Caleb lioring, with 
their associates, successors, and assigns, be, and ihey 
hereby are incorporated into a company and body 
politic, by the name of the American Insurance Com- 
pany ; with the powers and privileges granted to in-Po\vers, 
siirance companies, and subject to all the restrictions, 
duties and obligations, contained in a law of this Com- 
monwealth, entitled " An act to define the powers, 
duties and I'estrictions of insurance companies,'' passed 
on the fifteenth day of February, in the year of our 
Lord one thousand eight hundred aud eighteen, for and 
during the term of twenty years after the passing of this 
act ; and by that name may sue and be sued, plead and May sue and 
be impleaded, appear, prosecute and defend to final '^^ '"'^•^• 
judgment and execution; and have a common seal,, 
which they may alter at pleasure; and may purchase, 
hold and convey any estate, real or personal, for the 
use of said company ; ^provided they shall not hold real Proviso, 
estate exceeding the value of fifty thousand dollars, ex. 
cepting such as may be taken for debt, or held as col- 
lateral security for monies due to said company. 



22 AMER. INSURANCE COMP. June 12, 1818. 

Sec. 2. Be it further enacted, That the capital 
stock of said company, exclusive of premium notes and 
profits, arising from business, shall not be less than 

Capital Stock, three hundred thousand dollars, nor more than five 
hundred thousand dollars, and shall be divided into 
sliares of one hundred dollars each ; ten per centum of 
which shall be paid in money, by each and every sub- 
scriber, on the amount of his subscription, within ten 
days after public notice given by the President and 
Directors, chosen by the stockholders, in any two of 
the papers printed in the town of Boston ; and the res-" 

securities. Iduc shall be secured by a deposit of stock of the Uni- 
ted States, or of this Commonwealth, or of some bank 
within this Commonwealth, or such other security as 
may be approved by three fourths of the Directors, and 
be paid in such sum or sums, at such time or times, and 
under such penalties as the said President and Direc- 
tors shall, in their discretion, direct and appoint. 

Sec. 3. Jie it further enacted, T\\a.t the stock, prop- 
erty, affairs and concerns of the said company shall be 

Management managed and conducted by thirteen Directors, one of 

ofbusioess. whom shall be President thereof, who shall hold their 
oifices for one year, and until others are chosen, and no 
longer ; and who shall at the time of their election, be 
stockholders, and citizens of this Commonwealth ; and 
shall be elected on the second Tuesday of January, in 
each and every year, at such time of the day, and in 

Annual dec- such placc iu thc town of Bostou, as a majority of the Di- 
rectors for the time being, shall appoint ; of which elee- 
tion, public notice shall be given in at least two of the 
newspapers printed in the town of Boston, and contin- 
ued for the space of ten days immediately preceding 
such election : and the election shall be made by bal- 
lot, by a majority of the votes of the stockholders 
present, allowing one vote to each share in the capital 
stock ; provided that no stockholder shall be allowed 
more than thirty votes ; and the stockholders not pre- 
sent, may vote by proxy, under such regulations as 
the company shall prescribe. And if through unavoid- 
able accident, the said Directors should not be chosen 
on the second Tuesday of January as aforesaid, it 
shall be lawful to choose them on any other day, in 
the manner herein prescribed. 



liou of ofticcrs. 



AMER. INSURANCE COMP. June 12, 1818. 23 

Sec. 4, Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after every 
election, and shall choose out of their body, one person Presidency. 
to be President, who shall be sworn, faithfully to dis- 
charge the duties of his office ; and who shall preside 
for one year : And in case of the death, resignation, or 
inability to serve, of the President, or any Director, Vacancies 
such vacancy or vacancies, shall be filled for the re- ''""'^ "'*' 
mainder of the year in which they happen, by a special 
election for that purpose, to be held in the same manner 
as herein before directed, respecting annual elections 
of Directors. 

Sec. 5. Be it further enacted, That the President 
and three of the Directors, or four of the Directors in Board of Di^ 
the absence of the President, shall be a board compe-'^*^'"'^* 
tent for the transaction of business ; and all questions 
before them shall be decided by a majority of votes ; " 
and they shall have power to make and prescribe such Powers and 
by-laws, rules, and regulations, as to them shall appear J^'^\'"°*^'" 
needful and proper, touching the management and dis- 
position of the stock, property, estate, and effects of 
said company, and the transfer of the shares, and 
touching the duties and conduct of the several officers, 
clerks, and servants employed, and the election of 
Directors, and all such matters as appertain to the 
business of insurance ; and shall also have power to 
appoint a Secretary, and so many Clerks and servants 
for carrying on the said business, and with such sala- 
ries and allowances to them, and to the President, as 
to the said board shall seem meet : Provided, that such 
by-laws and regulations shall not be repugnant to the 
constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more persons named in this act of incorporation, are 
hereby authorized to call a meeting of the said com- First meeting 
pany, as soon as may be, in Boston, by advertising 
the same for one week, in two of the newspapers print- 
ed in the said town, for the purpose of electing a first 
Board of Directors, who shall continue in office until 
the second Tuesday of January, in the year of our 
Lord one thousand eight hundred and nineteen. 

[Approved by the Governor, June 13, 18t8.] 



21 



PHOENIX mSUllANCE COMP. June IS, 1818. 



CHAP. XYI. 

An Act to annex Paul Crowell and others, to the Cal- 
vinistic Congregational {Society, in Sandwich. 

JoE it enacted by the Senate and House of 
Jleprpsentailves in General Court assemhlpd, and by 
the authority of the same, That Paul (. row ell, William 
King Laviua Howland, Richard Derrick, and Shu- 
bael Ewer, with their families and estates, be, and 
they hereby are set oft' from the first parish in the town 
of Sandwich, and annexed to the Calvinistic Congre- 
gational Society in said Sandwich, with all the rights 
and privileges which other members of the said Calvin- 
istic CongregationaFSociety have and enjoy. 

[Approved by the Governor, June 13, 1818.] 



CHAP. XVII. 



Persons incor- 
poraleil. 



Powers and 
privileges. 



An Act to incorporate the Nantucket Phoenix Insurance 

Company. 

Sec. 1. llE it enacted by the Senate and House of 
Jlepresentativps, in General Court assembled, and by 
the authority of the same, That Joseph Chase, Paul 
Gardner, Zenas Coffin, and others, and all such persons 
as have already, or shall hereafter, associate with them, 
being citizens of tlie United States, be, and tliey hereby 
are incorporated into a company and body politic, by 
the name of the Nantucket Phoenix Insurance Compa- 
ny ; and shall have all the powers and privileges, and 
be subject to all the duties, requirements and restric- 
tions contained in an act, entitled '^ An act to define 
tlie powers, duties and restrictions of Insurance Com- 
panies," passed on the sixteenth day of February last ; 
which corporation shall continue for and during the 
term of twenty years from the passing of this act ; and 



PHCENIX INSURANCE COMP. June 12, 1818. ^5 

by that name may sue and be sued, plead and be im- 
pleaded, appear, prosecute and defend to final judg- 
ment and execution ; and have a common seal, wliich 
they may alter at pleasure, and may purchase, hold and 
convey any estate, for the use of said company. 

Sec. 2. Be it further enacted, That a share in the 
capital stock of said company shall be one hundred Capital stock, 
dollars, and the number of shares one thousand ; and 
if the whole number of shares are not already filled, 
subscriptions shall be kept open, under the direction 
and inspection of the President and Directors of said 
company, until the same shall be filled ; and the whole 
capital stock and property, which the said company 
shall be authorized to hold, shall be one hundred thou- 
sand 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. 3. He it further enacted^ That the concerns of 
said corporation shall be managed by seven Directors, 
one of whom shall be President thereof, who shall hold 
their offices for one year, and until others shall be 
chosen, and no longer ; which Directors shall, at the 
time of their election, be stockholders, and citizens of 
the Commonwealth, and shall be elected on the second Management 
Monday of January in each and every year, at sueh°^'^"^'""^' 
time and place in the town of Nantucket, as a majority 
of the Directors, for the time being, shall appoint ; of 
which election public notice shall be given, by adver- 
tising, at two of the most public places in the town of 
Nantucket, for the space of ten days immediately pre- 
ceding such election ; and such election shall be holden Election of 
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 for each share in the capital stock ; provided. Proviso. 
no stockholder shall be allowed more than ten votes, 
and the stockholders not present may vote by proxy, 
under such regulations as the company may prescribe ; 
and, if by any unavoidable accident, the Directors 
should not be chosen, on the second Monday of Janu- 
4 



26 



PHOENIX INSURANCE COMP. Jum 12, 1818. 



Pi'esklcnev. 



ary as aforesaid, it shall and may be lawful to choose 
them (Ml another day, in manner aforesaid. 

Sec. 4. JBb it further enacted. That the Directors 
chosen as aforesaid, as soon as may be after their elec- 
tion, shall meet and choose out of their number, one 
person to be President, who shall preside until his suc- 
cessor shall be chosen, and shall be sworn faithfully to 
discharge the duties of his office; and in case of any 
vacancy by deaih, resignation, or inability to discharge 
the duties of office, such vacancy, whether of President 
or Director, shall be tilled for the remainder of the 
year by a special election for that purpose, to be held 
in the same manner as is herein before directed, re- 
specting annual elections of Directors aud President. 

Sec. 5. Be it further enacted, That the President 
and three Directors, or four of them in his absence, 
shall constitute a board competent to do business ; and 
all (piestions, before them, shall be decided by a ma- 
jority of votes, and they shall have power to make and 
prescribe such by-laws, rules and regulations, as to 
them may appear needful, respecting the management 
and disposition of the stock, property and estate of said 
company, and shall have power to appoint a Secretary, 
tinoiumiiiiis oi Qlcrks aud Servants, for the purpose of managing said 
business, and allow them such salaries for services, and 
such compensation to the President, as shall be deemed 
equitable and just; "provided^ such by-laws, rules and 
regulations, shall not be repugnant to the laws of this 
Commonwealth. 

Sec. G. Be it further enacted, That there shall be 
stated meetings of tlie Directors, at least once in every 
month, and as often within each month as the President 
and Directors shall deem proper ; and the President 
and committee of three of the Directors, to be by him 
appoiiited, in rotation, shall assemble daily, if neces- 
sary, for the despatch of business ; and it shall be the 
duty of the Directors, on the second Monday of Janu- 
ary and June, in every year, to make dividends of so 
much of the interest arising from their capital stock, 
and the profits of said company, as to them shall appear 
advisable ; and fifty dollars on each share of said 
stock shill be paid within sixty days after the first 
meeting of said company ; and tiie remaining sum due 



Board ol l)i- 
r<ic(ors. 



Duties ant! 



Mee(inp;s of 
Dii-ectors. 



PHCENIX INSURANCE COMP. Jime 12, 1818. 27 

on each share, within one year next afterwards, by instalments. 
such instalments as said company shall direct ; and 
no transfer of any share in said company shall be valid, 
until all the instalments on such share shall have been 
paid. 

Sec. 7. Be it further enacted. That no person, be- 
ing 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 ; and 
the property of any^ member in said company, with the 
dividends due thereon, shall be liable to attachment 
and execution in favor of any bona Jide creditor, in 
manner following, viz. whenever a proper officer, hav- 
ing a writ of attachment or execution against any mem- 
ber, shall apply to the Secretary of said company ; it 
shall be his duty to expose the books of the csupora- 
tion to such officer, and furnish -him, in his official ca- 
pacity, with a certificate under his hand, ascertaining 
the number of shares which the said member holds, individual rro- 
and the amount of dividends due thereon; and when ''?'\ '''''''"° 
any such shares shall be attached on mesne process, 
or taken in execution, an attested copy of such writ of 
attachment or execution sliall be left with the Secreta- 
ry ; and such shares shall be sold on execution, on due, 
notice by the officer, of the time and place of sale, and 
conforming in all respects to the law respecting sales 
of personal property on execution : And it shall be the 
duty of such officer, making sucli sale, within ten days 
next after said sale, to leave an attested copy of the 
execution, with his return thereon, with the Secretary » 
of the company ; and the vendee shall thereby become 
the- proprietor of such shares, and all dividends there- 
on, if the same dividends have accrued after taking in 
execution aforesaid, or when there has been a previous 
attachment, after such attachment, notwithstanding any 
intervening transfer. 

Sec. 8. Be it further enacted, That the President 
and Directors of said company shall, when and as often 
as required by the Legislature of this Commonwealth, Acc.i.fsiob^ 
lay before them a statement of the affairs of said com- '''''*"'"*"' 
pany, and submit to an examination under oath, or af- 
firmation, concerning the same ; and Sylvanus Macy is 
hereby authorized to call a meeting of the members of 



28 



CHINA ACADEMY. 



June 12, 1818. 



said company, for the choice of Directors, by adver- 
tising the same, in two of the raost public places in the 
town of Nantucket, for ten days at least, previous to 
the choice of the first Board of Directors, who, when 
chosen, shall continue in office until the second Mon- 
day in January next, and until others are chosen in 
their stead. 

[Approved by the Governor, June 13, 1818. 



CHAP. XVIII. 



An Act to incorporate the China Academy. 



Location. 



Trustees. 



Vacancies to 
be filled up. 



Sec. 1. JjE it enacted by the Senate and House of 
llejjresentatwes, in General Court assembled^ and by 
the authority of the same^ That there be, and hereby 
is established an Academy, in the town of China, in 
the county of Kennebec, by the name of the China 
Academy, for the purpose of promoting piety and vir- 
tue, and for the education of youth in such languages, 
and in such of the liberal arts and sciences, as the 
Trustees herein after provided, shall order and direct. 

Sec. S. He it further enacted, That Abraham Bur- 
rill, Esquire, Reverend Daniel Lovejoy, Doctor Daniel 
Stevens, Jonathan Fairfield, Esquire, Colonel Nathan 
Stanley, of said county of Kennebec, be, and they 
hereby are appointed Trustees of said Academy ; and 
they and their successors shall be and continue a body 
politic and corporate, by the same name forever. 

Sec. 3. Be it further enacted, That the number of 
Trustees for the said Academy, shall never be more than 
five, nor less than three, a majority of whom shall be 
necessary to constitute a quorum for transacting busi- 
ness ; and whenever any one of said Trustees shall die 
or resign, the surviving Trustees shall elect one or 
more persons to fill such vacancy or vacancies. 

Sec. 4. Be it further enacted, That the Trustees 
aforesaid and their successors be, and they are hereby 



CHINA ACADEMY. June i2, 1818. 29 

authorized to lioltl, by gift, grant, devise, bequest, or 
otherwise, any lands, tenements, or other estate, real >ray hold real 
or personal, which hath, or may be given, or subscribed ^'^^^''' 
for the purpose aforesaid ; provided that the annual in- 
come of said real estate shall not exceed one thousand 
dollars, and the annual income of said personal estate 
shall not exceed the sum of twelve hundred dollars. 
And all deeds and instruments, which the said Trus- 
tees may lawfully make, shall be sealed with their seal, 
and shall bind the said Trustees and their successors, 
and be valid in law. 

Sec. 5. Be it further enacted, That the said Trus- 
tees and their successors shall have one common seal, 
"which they may break, change, and renew from time to 
time, as they may see cause ; and they may sue and May sue and 
be sued, in all actions, real, personal, or mixed, and^^^"*^ ' 
prosecute and defend the same to final judgment and 
execution, by the name of the Trustees of the China 
Academy ; and may appoint an agent or agents, to pro- 
secute and defend such suits. 

Sec. 6. Be it further enacted, That the said Trus- 
tees and their successors be, and they are hereby con- 
stituted the Visitors, Trustees, and Governors of the 
said Academy, in perpetual succession forever, to bcpo^yg^gof 
continued in the way and manner herein provided, Trustees, 
with full power and authority to elect and appoint 
such Preceptors, Teachers, and other officers, and to 
make and ordain such laws, rules, and orders, as they 
may, from time to time, judge necessary and convenient 
for the good government of the said Academy *, prori- 
ded they are in no case repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 7' Be it further enacted, That any Justice 
of the Peace for the county of Kennebec be, and he First meeting. 
is hereby authorized to appoint the time and place for 
holding the first meeting of the said Trustees, and 
shall notify them thereof accordingly. 

[Approved by the Governor, June 13, 1818.] 



30 S. PRISON.— MEETING HOUSE. June 12, 1818. 

CHAP. XIX. 



An Act in further addition to an act, entitled " An act 
providing for the government and regulation of the 
State Prison.'* 



J5E it enacted hy tlie Senate and House of 
Representatives 1 in General Court assembled, and hy 
the authority of the same, Tliat so much of the third 
section of an act, passed on the first day of March, in 
the year of our Lord one thousand eight hundred and 
fifteen, entitled " An act in further addition to an act, 
entitled an act for providing for tlie government and 
regulation of the State Prison," as relates to the an- 
nual salary of the Chaplain of said prison, be, and the 
same is hereby repealed ; and that from and after the 
passing of this act, the Chaplain of said prison shall 
receive two hundred and fifty dollars, annually, paya- 
ble in quarter yearly payments, in full compensation 
for his services. 

[Approved by the Governor, June 12, 1818.]. 



CHAP. XX. 



An Act in addition to an act, entitled *^ An act to in 
corporate the Proprietors of the North Meeting 
House, in Salem." 

JjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the proprietors of the 
North Meeting House, in Salem, in the county of Es- 
sex, be, and they hereby are authorized and empovv- 
ered, at a meeting to be called for that purpose, to 
make a new valuation of the gallery pews in said 



JACKSON INCORPORATED. June IS, 1818. 31 

meeting house ; and that after such new valuation, all 
sums voted to be raised by said proprietors, shall be 
assessed upon such floor pews as the proprietors shall 
determine on, according to the original valuation thereof, 
as recorded in the proprietors' book, and upon such 
gallery pews as they shall determine on, according to 
said new valuation : Provided Iwivever, that no pews 
shall be exempted from assessment, except such as 
have been heretofore exempted by said proprietors. 

[Approved by the Governor, .Tune 13, 1818.] 



CHAP. XXI. 



An Act to establish the town of Jackson, in the county 
of Hancock. 

t 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same. That the plantation, hereto- 
fore called Jackson, in the county of Hancock, as 
contained within the following described bounds, be, 
and hereby is, with the inhabitants thereon, established 
as a town, by the name of Jackson, viz.: beginning Bounda 
at the north-east corner of said Jackson, on the line of 
Dixmont ; thence running west by the line of Dixmont 
and Joy, about eighteen hundred and twenty-five rods, 
to the north-west corner of said Jackson ; thence south, 
three degrees east, by the plantation of Lincoln, about 
seventeen hundred rods, to tlie south-west corner of 
Jackson, aforesaid ; thence north, eighty-seven degrees 
east, eleven hundred and twenty rods, by the town of 
Brooks, to the south-east corner of Jackson, aforesaid : 
thence by Lee Plantation, (now Monroe) to the bounds 
first mentioned. And the said town of Jackson is 
hereby vested with all the corporate powers and privi- 
leges, and shall also be subject to all the duties and re- 
quisitions of other corporate towns, according to the 
constitution and laws of this Commonwealth. 



33 SEC. PARISH IN DEERFIELD. June IS, 1818. 

Sec. 2. Be it further enacted^ That any Justice of 
the Peace, for the county of Hancock, upon application 
therefor, is hereby empowered to issue a warrant, di- 
rected to a freehold inhabitant of said town of Jackson, 
First meeting, requiring him to notify and warn the inhabitants of the 
said town, to meet at such convenient time and place 
as shall be appointed in said warrant, for the choice of 
such officers as towns are by law empowered and re- 
quired to choose at tlieir annual town meetings. 

[Approved by the Governor, June IS, 1818.] 



CHAP. XXII. 

An Act to incorporate the Second Parish, in the town 
of Deerfield. 

Sec. 1. JjE zf enacted bij the Senate and House of 
llepreaentativeSf in General Court assembled, and by 
the authority of the same, That the following named 
persons, inhabitants of the town of Deerfield, in the 
county of Franklin, viz. Abner Cooley, Elijah Arms, 
Isaac Parker, Artemas Williams, Joseph Saunderson, 
Elihu Barnard, Asa Hawks, John Arasden, Jonathan 
Persons incor- Hawks, Elihu Clary, Elisha Field, Elisha Clapp, Wil- 
porated. y^,^^ Hawks, Timothy Blodget, Simeon Blodget, Asa 
Johnson, Waitstill Hawks, Lemuel Tryon, Silas 
Hawks, Rufus Clark, Jedediah Clark, Eliakim Arms, 
>\411iam Anderson, Zebiua Russell, John Anderson, 
William Tryon, Eber Allis, Reuben Jewett, Luther 
Tryon, Philip Smith, Zebadiah Graves, Russell Coo- 
ley, Amos Russell, Benjamin Mann, Zebadiah Graves, 
junior, Ephraim Sprague, Dennis x\rms, Samuel Graves, 
Ira Billings, Augustus Baldwin, Samuel Rogers, Seth 
Arms, Jesse Billings, Eliphaz Arms, E\i Cooley, Eras- 
tus Arms. Harry Arms, John Baldwin, Timothy Bil- 
lings, Dennis Cooley, Solomon Anderson, Stephen 
Whiting, Jesse Severance, and Elisha Nims, with their 
estates, be, and they hereby are incorporated into a re- 
ligious society, by the name of the Second Cougrega- 



SEC. PARISH IN DEERFIELD. June 12, 1818. 33 

lional Parish, in Deerfield ; Avitli all the powers, privi- Piters nnd 
leges and immunities, and subject to all tlie duties to p"*' ^ses. 
which other religious societies in this Commonwealth 
are entitled or obligated by law, excepting as is herein 
otherwise enacted, provided or declared. 

Sec. 2. Be it further enacted, That any of the in- 
habitants of the said town of Deerfield, who may de- 
sire to join said society, shall have full liberty tlius to AdmisMonot 
do, at any time within twelve months after the pass- '"*^"* *^"' 
ing of this act ; 'provided they signify in writing, un- 
der tlieir hand, to the Clerk of said town, and also 
to the Clerk of said second parish, their wish and de- 
termination of beiiijr considered as members of said 
second parish ; and they shall be accordingly recorded 
as such by the several and respective Clerks aforesaid. 

Sec. 3. Be it further enacted, That if any person, 
who may hereafter come to reside and dwell within the 
limits of said town, shall be desirous of joining the said T-i-m" of *<i- 
society, sueli person shall have full liberty to do it,""*^'^"' 
with his estate, at any time within twelve months of 
the time of his so coming to reside and dwell in said 
town, by making known his determination of the same, 
in the manner pointed out in the second section of this 
act ; and the Clerks shall make record thereof, as is • 

above provided. 

Sec. 4. Be it further enacted, That all young per- 
sons, who now do, or hereafter shall reside and dwell 
within the limits of the said town, shall, when they be- 
come twenty-one years of age, have full liberty, at any Tim? of ad- 
time within twelve months after they shall have ar- """**'""' 
rived at that age, to join, with their estates, the said 
society, by making known such their determination in 
manner herein before provided ; and the Clerks shall 
make record thereof as abovementioned. 

Sec. 5. Be it further enacted, (the inhabitants of 
said town of Deerfield in legal meeting assembled, and 
the persons herein incorporated into a second parish 
having thereto consented and agreed) That the inhabi- 
tants of the said town shall hereafter be holden and 
obliged to pay the sum of three hundred and thirty-three ^ii„iste,.ia, j^^^. 
dollars and thirty -three cents, annually, towards the 
support of a congregational minister in said second 
parisli^ and at that rale for any fractional part of a 
5 



Sh SEC. PARISH IN DEERFIELD. June IS, 1818. 

year, that such minister may be settled in the same pa- 
rish, iind that the Assessors of said town shall have the 
authority and power, and it is hereby made their duty 
to assess annually, in the same manner as though the 
said second parish had not been incorporated, in the 
annual ministerial tax, on all the inhabitants of said 
town, whether members of the first or second religious 
congregational parish therein, in addition to the sum 
or sums, which it may be necessary to assess, to pay 
the minister of the first parish his salary, and to keep 
in repair the present congregational meeting house in 
said town, the further sum of three hundred and thirty- 
three dollars and thirty-three cents, or such fractional 
parts thereof, as the case may require ; which sum or 
, such fractional part thereof, according as the case may 
jNToneyiobo I'equire, shall be payable and paid, from time to time, 
paid to Treas-and at all times hereafter, by the Treasurer of the said 
parish' ^ '^"'^ town, on demand upon him made, to the Treasurer of 
the said second parish, at the same time and times, as 
the salary of the present congregational minister of the 
said town is payable; to be appropriated towards the 
annual support of any congregational minister and 
ministers, who shall be regularly settled in said second 
• parish ; reckoning and accounting from the time of the 

settlement of such minister and ministers, and during 
his and their continuance in said office ; such minister 
and ministers so settled in said second parish, relin- 
quishing all claim to the lands in the said town, 
sequestered for the use of the ministry, and to all 
monies which have arisen or shall hereafter arise, from 
the sale of any of the said lauds, and to the ministerial 
fund in said town, so called, as has been heretofore 
practised in the settlement of ministers in said town ; 
leaving the same, as they now are, subject to the con- 
proviso, troul and management of said town : Provided however, 
that when the cost and expense of the repairs, which 
may be made upon the present congregational meeting 
liouse in the said town, shall, in any one year, amount 
to the sum of twenty dollars or more, the Treasurer of 
the said town, shall be holden and obliged to pay over 
to the Treasurer of the said second parisli, on demand 
made as aforesaid, and at the same time and times as 
is above mentioned, the just proportion of such cost and 



SEC. PARISH IN DEERFIELD. June IS, 1818. 35 

expense, vvhicli shall have been assessed in the minis- 
terial tax, on the members of said second parisli ; 'pro- 
vided also, that the members of the first parish shall 
not be bolden or obliged to pay any thing towards the 
settlement of any minister who may hereafter be settled 
in the second parish, or for the building or repairing Provisos. 
of any meeting house, which may be erected by or for 
the same parish : Provided also, that upon the future 
settlement of any minister in the first parish, the mem- 
bers of the second parish shall be wholly exempted 
from contributing any thing towards his settlement. 
And yrovidp.d also, that if, at any future time, the first 
parish should build a new meeting house or meeting 
houses, f »r the accommodation of its members, the then 
existing members of the second parish shall be like- 
wise exempted from contributing or paying any thing 
towards the cost and expense of the same. 

Sec. 6. Be it further enacted, That the officers of 
the said town of Deerfield, whose duties are similar to 
the duties of oflBcers usually chosen and appointed in 
parishes, shall, ex officio, be considered to all intents 
and purposes, as the officers of said first parish ; and 
it shall be lawful to insert in the warrants for calling si.eciMii 
town meetings in said town, any article of a parochial;!;;;* 
nature, relating to the concerns of tlie said first parish, 
and to act on the same as though the said second parish 
had not been incorporated : Pruvided hoicever, that in 
all matters and things, merely of a parochial nature, 
transacted in such town meetings, the then members 
of said second parish shall not be entitled to vote, or 
in any way interfere with the same. 

Sec. 7- Be it further enacted, That any Justice of 
the Peace in said county of Franklin be, and he hereby 
is authorized to issue his warrant, directed to some FUst meeting 
member of the said second parish, requiring him to 
notify and warn the members of the same parish, qual- 
ified to vote in parish affairs, to assemble at such con- 
venient time and place in said town of Deerfield, as 
shall be expressed in said warrant, to choose such offi- 
cers, 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 same parish. 

[iVpproved by the.Grovernor, June 13, 1818.] 



msi- 
of meet- 



S% E. HARMON— NAN. BANK. June i%, 1818. 



CHAP. XXIII. 

An Act to annex Elislia Harmon, with his family and 
estate, to the North Parish, in the town of New 
Marlborough, 

-OE it enacted hy the Senate and House of 
Mejjresentatwps, in General Court assembled, and by 
the authority of the same, That Elisha Harmonj with 
bis family and estate, be, and they are hereby set off 
from the south, and annexed to the north parish, in the 
town of New Marlborough ; provided, that the said 
Elisha Harmon shall be holden to pay his proportion 
of all parish expenses assessed and not paid prior to 
the passing of this act. 

[Approved by the Governor, June 12, 1818.] 



CHAP. XXIV. 

the time allowii 
the Nantucket Bank to close their concerns. 



An Act extending the time allowing the Trustees of 



jjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same. That the further time of one 
year, from the first Monday of October next, be granted 
and allowed to the Trustees of the Nantucket Bank, 
for the sole purpose of enabling said Trustees gradu- 
ally to settle and close their concerns, and divide their 
capital stock ; they conforming in all respects, to an 
act passed the tvventy-fourth day of June, in the year 
of our Lord one thousand eight hundred and twelve, 
entitled ^' An act to enable certain banks in this Com- 
monwealth to settle and close their concerns." 

[Approved by the Governor, June 13, 1818.] 



ESSEX AGRICUL. SOCIETY. June 12, 1818. 37 

CHAP. XXV. 

An Act to incorporate the Essex Agricultural Society. 

Sec. 1. fjE it enacted by the Senate and House of 
Rej)resentatives, in General Court assembled, and by 
the authority of the same. That Timothy Pickering, 
William Bartlett, John Heard, Thomas Kittredge, 
David Howe, Ichahod Tucker, Asa Andrews, Nehe- 
miah Cleveland, David Cummins, Joseph Peabody, persons in- 
Ichabod Nichols, Robert Dodge, Thomas M. Clark, *"^'^t'°'^^^'^''- 
William B. Banister, Isaac Osgood, John Adams, 
Frederick Howes, llobart Clarke, Jesse Putnam, Hez- 
ekiah Flint, Thomas Stephens, Nathaniel Hooper, 
Benjamin T. Heed, W^illiam Heed, Temple Cutler, 
Paul Kent, Elisha Mack, .lohn G. King, Theodore 
Eames, Joseph Andrews, Michael W^ebb, Benjamin 
H. Nichols, and Leverett Saltonstall, together with 
such others as may hereafter associate with them, and 
their successors, be, and they are hereby made a cor- 
poration, by the name of the Essex Agricultural Soci- 
ety ; and for this purpose, shall have the same powers 
and privileges, and be subject to the like duties and 
restrictions, as the other incorporated agricultural so- 
cieties in this Commonwealth ; and the said corporation 
may lawfully hold and possess real estate, not exceed- 
ing twenty thousand dollars, and personal estate, the 
annual income whereof shall not exceed five thousand 
dollars ; and also have power to sell, alien, or dispose 
of the same estate, real and personal, not using the 
same in trade or commerce. 

Sec. 2. Be it further enacted, That David Cum- 
mins, Esquire, of Salem, in said county, be, and he 
hereby is authorized to notify and call the first meetins:.,. 
of the society aforesaid, for the purpose of organizing 
the same, and for establishing rules and by-laws for 
the government of the same, by giving public notice of 
the time and place of holding said meeting, two weeks, 
in each of the newspapers printed within the said 
county of Essex. 

[Approved by the Governor, June 12, 1818.] 



38 COMMER. INSURANCE COMP. June 12, 1818. 

CHAR XXVI. 

An Act to incorporate the Salem Commercial Insur- 
ance Company. 

Sec. 1. JL>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That iSathaniel Silsbee, 
Persons incoi-. Josepli Story, Stephen White, Nathaniel West, jun- 
poraied. j^^^^ Timothy Bryant, and William P. Richardson, 
with tlieir associates, successors, and assigns, be, and 
they hereby are incorporated into a company and body 
" politic, by the name of the Salem Commercial Insur- 
ance Company; with all the powers and piivileges 
granted to insurance companies, and subject to all the 
restrictions, duties and obligations contained in a law 
of this C ommonwealth, entitled ^^ An act to define the 
powers, duties and restrictions of insurance companies," 
passed' on the sixteenth day of February, in the year of . 
General Pow- our Lord ouc thousaud eight hundred and eighteen,. for 
"^* and during the term of twenty years, after the passing 

of this act ; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and defend 
to final judgment and execution ; and may have a com- 
mon seal, which they may alter at pleasure; and may 
May hold rial purchasc, hold aud convey any estate, real or personal, 
estate. ^^^^ |j^g, ygg ^f g^^j^] compauy ; provided the said real 

estate shall not exceed the value of twenty thousand 
dollars, excepting such as may be taken for debt, or 
held as collateral security, for monies due to said com- 
pany. 

Sec. 2. Be it further enacted, That the capital 
stock of said company, exclu^-ive of premium notes and 
profits arising from business, shall not be less than one 
hundred thousand dollars, nor more than two hundred 
Capital stock, thousand dollars, and shall be divided into shares of 
one hundred dollars each, filty per cent, of which 
shall be paid in money by each and every subscri- 
ber, on the amount of his subscription, within thirty 
days after puidic notice given by the Prf^sident and 
Directors, chosen by the stockholders, in two newspa- 



COMMER. INSURANCE COMP. June 13, 1818. 39 

pers, printed in the town of Salem, and the residue shall 
be secured by a deposit of stock of the United States, 
or of this Commonwealth, or of some bank within this 
Commonwealth, or such other security as may be ap- 
proved by three fourths of the Directors, and be paid in 
such sum or sums, at such time or times, and under such 
penalties as the said President and Directors shall, in 
their discretion, direct and appoint. 

Sec. 3. Bp it further enacted, That the stock, pro- 
perty, affairs and concerns of the said company shall 
be managed and conducted by nine Directors, one of 
whom shall be President thereof, and shall hold their omceisannu- 
offices for one year, and until others are chosen and no *"> '^'^'^^'^*^' 
longer ; and who shall, at the time of their election, be 
stockholders and citizens of this Commonwealth, and 
shall be elected on the se'^ond Monday of January ia 
each and every year, at such time of the day, and in 
such place in the town of Salem, as a majority of the 
Directors, for the time being, shall appoint ; of which 
election public notice shall be given, in two of the news- 
papers, printed in the town of Salem, and continued for 
the space of ten days immediately preceding such elec- 
tion : And the election shall be made by ballot, by a 
majority of the votes of the stockholders present, al- 
lowing one vote for each share in the capital stock ; 
provided that no stockholder shall be allowed more Proviso. 
than ten votes ; and absent stockholders may vote by 
proxy, under such regulations as the said company 
shall prescribe. And, if through any unavoidable ac- 
cident, the said Directors should not be chosen on the 
second Monday of January, as aforesaid, it shall be 
lawful to choose them on any other day, in the manner 
herein prescribed. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after every 
election, and shall choose out of their body, one person Presidency. 
to be President, who shall be sworn faithfully to dis- 
charge the duties of his office, and who shall preside 
for one year ; and in case of the death, resignation, or 
inability to serve, of the President or any Director, ^ 

such vacancy or vacancies shall be filled for the re- 
mainder of the year in which they happen, by a spe- 
cial election for that purpose, to be held in the same 



40 EPISCOPAL CHURCH. June i% 1818. 

manner as herein Ijefore directed, respecting annual , 
elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or tive Directors, in the ab- 
sence of the President, shall be a board competent for 
the transaction of business ; and all questions before 
them shall be decided by a majority of votes ; and they 

Kr-iawsat.d sliall havc powcr to make and prescribe such by-laws, 

ejuaior.s. ryjes aud regulations, as to them shall appear needful 
and proper, touching the management and disposition 
of the stock, property, estate and effects of said compa- 
ny, and the transfer of the shares, and touching the 
duties and conduct of the several officers, clerks and 
servants employed, and the election of Directors, and 
all such matters as appertain to the business of insur- 
ance ; and shall also have power to appoint a Secretary 
and so many clerks and servants, for carrying on tfie 
' said business, and with such salaries and allowances to 

them and to the President, as to the said board shall 

Provia*. seem meet : Provided such by-laws and regulations 
shall not be repugnant to the constitution or laws of 
this Commonwealth. 

Sec. 6. Be it further enacted^ That any two or 
more persons, named in this act of incorporation, are 
hereby authorized to call a meeting of the said com- 
pany, as soon as may be, in Salem, by advertising the 

First meeting, game for two succcssive weeks, in the Essex Register 
and Salem Gazette, printed in Salem, for the purpose 
of electing a first Board of Directors, who shall con- 
tinue in office until the second Monday of January, in 
the year of our Lord one thousand eight hundred and 
nineteen. 

[Approved by the Governor, June 12, 1818.] 



CHAP. XXVIL 

An Act to incorporate the Episcopal Church in Dcdham. 

Sec. 1. JjE z'i enacted hy the Senate and House oj 
Rejpresentatives, in General Court aaaemhled, and hy 
the authorittj of the same, That Abel D. AllcynC; John 



EPISCOPAL CHURCH. June 13, 1818. 41 

W. Ames, John W. Baker, Silas Bacon, Pitts Butter- 
field, John P. Cain, Seth Chapin, John Cox, Jolin B. 
Derby, Abner Ellis, Stephen Farrington, Mary Gay, 
Timothy Gay, Timothy Gay, junior, Cyril Gillet, Persons incoix 
Ezckiel Kingsbury, Noali Kingsbury, Moses Kings- po'-'-^t^^i- 
bury, Joshua Kingsbury, Samuel Tiowder, William 
H. Maun, Eliphalet F. Mason, Nathaniel Polley, 
junior, Timothy Richards, Jesse Richards, Willard 
Richards, James Richai'dson, Jeremiah Shuttlcsworth, 
and Erastus Worthington, together with all the present 
proprietors of the pews of said church, with their fam- 
ilies and estates, and such others as may hereafter 
associate with them, and their successors, be, and they 
are hereby incorporated as a Protestant Episcopal 
Society, by the name of the Episcopal Church in Bed- oenei-ai Pov.- 
ham ; with all the powers and privileges, and subject^'^- 
to all the duties and restrictions of other religious soci- 
eties, according to the constitution and laws of this 
Commonwealth, and the rights and usages of the Pro- 
testant Episcopal Church in the United States. 

Sec. 2. Be it further enacted^ That each and every 
one of the above mentioned persons and proprietors, 
shall be entitled to the same privileges of voting and 
acting, at all legal meetings of said society, excepting 
that the admission of future members shall be deter- 
mined solely by the votes of the major part of the pro- 
prietors of pews present, at a legal meeting of said 
society, called for that purpose ; and in no case, shall Votes. 
any proprietor be entitled to more than one vote for 
any number of pews which he may possess. 

Sec. 3. Be it further enacted. That all persons 
desirous to associate with the said Episcopal Church, 
who may enter their names with the Clerk thereof, and Met^»eisijii». 
be admitted in manner aforesaid, shall be deemed 
members, and as such, be liable to all legal duties and 
assessments ; provided, that those who may thus be- 
come members hereafter, shall, before they are ex- 
empted from taxation for the support of public worship pnmsos. 
in the town or parish where they reside, leave notice, 
in writing, with the Clerk thereof, of their having asso- 
ciated with the said Episcopal Church : Provided also, 
that persons withdrawing from the said Episcopal 
Church, who may give like notice to the Clerk thereof, 
G 



43 EPISCOPAL CHURCH. Jme 13, 1818. 

shall be no longer liable to taxation there ; but they, 
with their polls and estates, shall again become liable 
to all taxes and duties, for the support of public wor- 
ship in the towns or parishes where they may reside. 
Slc. 4. Be it further enacted, That whenever the 
office of Rector, in said society, shall be vacant, the 
Rectorship sup. said society, at a meeting duly called for that purpose, 
^"^ ■ shall elect a Hector, who shall be inducted according 

to episcopal usage. 

Skc. 5. Be it further enacted, That the annual 
Annual meet- meeting of the society shall be on Easter Monday, at 
'"^ the Church in Dedham, at such hour as the Wardens 

shall notify ; at which time, the said society shall 
choose two Wardens, three or five Vestry Men, a 
Treasurer, Clerk, and other necessary officers, who 
shall continue in office one year, and until others are 
chosen and qualified ; and special meetings shall be 
notified in the same manner, by the Wardens, as par- 
ish assessoi^ or committees, are by law required to 
notify parish meetings. 

Sec. 6. Be it further enacted, That the said Epis- 
copal Society may hold by gift, grant, or otherwise, 
Miiv hold real real and personal estate, the annual income of which 
esLute. shall not exceed five thousand dollars ; and the W^ar- 

dens and Yestry shall have the management of the 
same, pursuant to the votes of the said society, and 
subject at all times to account to them : but in no case, 
shall either the Wardens and A^estry, or the society, 
reduce the rents of the church glebe, already fixed by 
contract. 

Sec. 7. Be it further enacted, ^lihdii the Treasurer 
of the said church shall give bond, with sureties to 
the satisfaction of the Wardens and Vestry, for the 
Duties and re faithful performance of his duties, in the penal sum of 
tZS °* two thousand dollars ; and he only shall have a right 
to receive the rents and monies of said society ; and for 
th^t purpose, shall have custody of all leases and other 
written evidence of debts due to them ; and he shall 
annually, submit to the Wardens and Vestry, and to 
the society, a full and detailed account of all monies, 
by him received and paid. 

Sec. 8. Be .it further enacted. That all deeds of 
pews in said church, shall be recorded within three 



EPISCOPAL CHURCH. June i2, 1818. 43 

months after they are executed, in the books of the 
Clerk of said society, and need not be hereafter re- 
corded in the office of the Town Clerk, or Register of 
Deeds. 

Sec. 9. Be it further enacted, That upon applica- 
tion to any Justice of the Peace for the county of Nor- 
folk, he is hereby empowered to issue his warrant, 
directed to one of the persons named in this act, requi- 
ring him to notify and warn a meeting of the members First meeting, 
of the said Episcopal Society, to meet at such conve- 
nient time and place as shall be appointed in said 
warrant, for the choice of church officers, and the doing 
such other business as may be necessary for the due 
organization of the said society. 

Sec. 10. Be it further enacted, That all acts and 
parts of acts, inconsistent with the provisions of this 
act, be, and the same are hereby repealed ; |7?'oi?/rfe«? Acts repealed. 
such repeal shall, in no manner, affect any contract 
already made under, or couiirmed by said acts, or any 
action now pending. 

[Approved by the Governor, June IS, 1818.] 



CHAP. XXVIII. 



An x4.ct to direct the manner of assessing and collectijig 
Taxes on the Pews, and rights to Pews, in the iMeet- 
ing House, belonging to the Congregational Society, 
in the town of Alfred. 

Sec. 1. JdE 2^ enacted hy the Senate and House of 
Mepresentativps, in General Court assembled, and hif 
the authority of the same, That it shall be lawful for 
the Assessors of the Congregational Society in the tow^n 
of Alfred, in the county of York, for the time being, on 
a vote of said Congregational Society, first duly passed 
and declared, in a legal meeting ; and they are hereby 
empowered to assess the several pews, and rights to Assessmenur 
pews;, in said meeting house, and the several parts and ^'''''^" 



44 TAX ON PEWS. Jmie 13, 1818. 

proportions thereof, according to the value the said As- 
sessors shall set on said pews, and said rights to pews, 
of all or any part of such sums of money as the said so- 
ciety may vote specially to raise and appropriate for the 
payment of the labor and materials which have been fur- 
nished and expended in and about the reparation and 
improvement of said house ; and also for such further 
sum or suras, as may, by the vote of said society, be 
deemed necessary to the reparation and improvement 
already begun; and in case, at any future period, the 
same house shall need repairing, the Assessors of said 
society, for the time being, may assess the said pews 
and rights in manner aforesaid, such sums for the re- 
pairs thereof as the said society shall determine and 
vote to be needful for that purpose ; and tije assess- 
ments so made shall be committed to such Collectors as 
may, by the said society, be appointed to collect the 
same, with directions to collect and pay in the same to 
the Treasurer of said society, at such time or times as the 
said Assessors shall direct. And the Treasurer of the 
said Congregational Society sitall keep a separate ac- 
count, distinct from other monies, of tlie sums thus re- 
ceived, and the manner in which they are expended ; 
and shall have the same power to compel the payment 
of the sums from the said Collector, in case of delin- 
quency, as is by law provided for parish or society 
taxes. 

Sec. 2. Be itfurthfr enacted, That if the owner or 
proprietor of a pew right shall refuse or neglect to pay 
the sum assessed thereon, as aforesaid, for the space 
of thirty days after notice of the assessment shall have, 
been posted up on the door of said meeting house, and 
two other public places in the said parish or society, as 
the said Assessors shall in writing direct, it shall be 
Fevrs may lie lawful for Said Collcctor to sell said pew, or pew right, 
ot paying'^ns" at publlc vcudue, to the highest bidder, first giving fif- 
teen days notice of the time and place of sale, by post- 
ing up notifications thereof, at the said meeting house 
door, and at two other places in the said town of Al- 
fred : And if the said pew or pew right is sold for more 
than the amount of the tax, then the overplus money, 
after the said tax, and the expenses of notifying and 
selling, shall be paid over to the former owner or pro- 
prietor, if known and living within Svaid tovv n of Alfred, 



sessment. 



TAX ON PEWS. June IS, 18J8. 45 

within ten days after the said sale ; but if the proprie- 
tor is unknown, and not residing within said Alfred, 
the said Collector shall, within ten days next after the 
said sale, pay over the said surplus to the Treasurer 
of said society, for the use of the former proprietor of 
the said pew. And the mode of transferring pews, 
sold by the Collector for the non-payment of taxes, as Transfer of 
aforesaid, shall be by deed, under his hand and seal, ^''^^'^* 
acknowledged before a Justice of the Peace ; but a 
record of the deed thus made in the records of the so- 
ciety by the Clerk thereof, within six months after ac- 
knowledging and delivering the same, or a copy there- 
of, certified by the Clerk of said society, shall be evi- 
dence of the transfer, as well as the original, thus re- 
corded : Provided alicays, tliat if the former proprietor 
of a pew, thus sold and transferred, shall, within oneProviao. 
full year from the time of sale at vendue, as aforesaid, 
tender and pay to the purchaser, or his assignee, in 
case of assignment, the same sum the said pew sold for, 
with an addition of twelve per cent, it shall be the du- 
ty of the purchaser or assignee, to re-convey the same ; 
and upon his refusing thus to do, the said former pro- 
prietor may have the like remedy for obtaining the title 
and possession of the same pew as mortgagors of real 
estate now have in the courts of this Commonwealth. 

Sec. 3. Be it further enacted, That it shall be the 
duty of the Clerk of said society, upon the payment of 
thirty-three cents, to record at large, in the record 
books of said society, the deed of every pew in said Record of PeT,3 
house, which may be brought to him for recording ; and 
to note and certify thereon, as also in the record, the 
date when the said deed was received for that purpose. 

Sec. 4. Be it further enacted, That any tax or 
assessment, made as aforesaid, shall be a lien in and 
upon the pew or right aforesaid, on which the said tax 
shall be assessed, let whoever may hold, own, use, Tax to be alien. 
occupy and enjoy the same ; and a transfer in manner 
aforesaid, by deed or certiiieate, shall operate as a full 
and absolute conveyance of such pew or pew right. 

Sec. 5. Be it further enacted, That the form of 
the deed or certificate, which shall operate as a full 
and complete conveyance of any pew or pew right, 
sold in manner aforesaid, by the legal Collector afore- 
said, shall be in the form foUowinss : 



46 UNIVER. SOC. IN LEVERETT. June i% 1818. 

,e , X Know all men hy these presents, That 
^ ^ I, A. B. of the town of Alfred, in the 
county of York, Collector of taxes for the Congrega- 
tional Society in the said town, have this day sold to 
C. D. of the town of in the county of 

at public vendue, he being the high- 
est bidder therefor, a pew, (or right in a pew, as the 
case may be,) situated in [here describe the location 
of the pew,] for the sum of dollars, in virtue 

of a tax committed to me to collect for the year, [here 
insert the year,] the said tax remaining unpaid, saving 
and reserving to the said owner, his or her heirs or as- 
signs, the right of redeeming the same, as is provided 
in the second section of this act. 

In witness whereof, I have hereunto set my hand 
and seal the day of in the year of 

our Lord one thousand eight hundred and 

Signed, sealed and delivered,} p ,, , , 

in presence of 5 

tScknowledged the day and ? » /• . 
year aforesaid, ^ v^ ^ 

Justice of the Peace. 
Which said deed, being duly executed, and regis- 
tered in the office of the Clerk of said parish or society, 
shall operate as a full and absolute conveyance to the 
purchaser of the pew or right, so called and conveyed, 
subject to the conditions and reservations aforesaid : 
And a duly certified copy of such deed, authenticated 
by the Parish or Society Clerk, as having been duly 
recoided, shall be taken and received in every Court 
of Justice within this Commonwealth, as ample and 
plenary evidence of such purchaser's right and pro- 
perty. 



CHAP. XXIX. 

An Act to incorporate the First Universalist Society 
in Leverett. 



Sec. 1. JlsE it enacted hy the Senate and House of 
Jiepresentativps, in General Court assembled, and hy 
the authority of the same. That James Comins, Henry 



UNIVER. SOC. IN LEVERETT. June i%, 1818. 47 

Rider, Asa Comins, Ransom Adams, Moses Smith, ^ev^^^^J^jincor- 
Orlando Field, Aaron Dudley, Asa Moore, Samuel' 
Larned, Martin Moore, Rodolphus Perry, Lewis Gil- 
bert, Samuel Gould, Amos Wilmarth, Edmund Raw- 
son, John Davis, Elijah Grover, Thomas Heard, Jon- 
athan Glazier, junior, Samuel Lamb, Elijah Williams, 
Jonathan Glazier, Samuel Miley, Joshua Leonard, 
Gershom Comins, Jonathan Bellows, Porter Nutting, 
James Comins, junior, and Moses Field, junior, with 
their families and estates, together with such others as 
may hereafter associate with them, or their successors, 
be, and they are hereby incorporated into a religious 
society, by the name of the first Universalist Society in 
Leverett ; with all the powers, privileges, and immuni- 
ties to which other parishes or religious societies are 
entitled by the constitution and laws of this Common- 
wealth, for religious purposes only. 

Sec. S. Be it farther enacted, That said society 
be, and they are hereby authorized to raise by assess- Assessments. 
ments, on the poDs and estates of the members thereof, 
such sum or sums of money for the erection of any 
house, for the public worsliip of God. for the settlement 
and maintenance of a minister or ministers, repairing 
said house and other expenses of public worship, with 
such incidental charges, as they shall agree upon at any 
legal meeting called for that purpose ; and the same 
may assess or cause to be assessed, on the polls and 
estates of said members as aforesaid, as they shall, at 
such meeting, deem proper ; and said society shall be 
capable in law to purchase and hold estate, real and^^y i'o'<i »t^a4 
personal; fvovided the annual income thereof shall not, ^^^"*^' 
at any one time, exceed the value of two thousand 
dollars. 

Sec. 3. Be it further enacted. That any person be- 
longing to said town of Leverett, Avho may be desirous 
of joining in religious worship with, and becoming a 
member of the aforesaid society, and give in his or her 
name to the Town Clerk of said Leverett, with a cer- 
tificate, signed by the Minister or Clerk of said society, 
that he or she has actually become a member of, and 
united with the said Universalist Society in religious 
worship, shall, from and after giving such certificate, 
with his or her polls and estate, be considered as part 



^^ 



48 AGRICULTURAL BANK. Jane 13, 1818. 

of said society : Provided lioieever, that such persons 
Conditions of sliall be lioldcn to pay their proportion of all money 
aeeessioM. granted in the town to which they belonged previous 
to that time. 

Sec. 4. Be it further enacted, That if any mem- 
ber of said Universalist Society shall, at any time, see 
cause to leave the same, and unite with any other reli- 
gious society, in the towns from which they came, and 
lodge a certificate of such liis or her intention, with the 
Minister or Clerk of said Universalist Society, and also 
with the Clerk of the town to which they belong ; and 
shall pay his or her proportion of all money granted 
by said society previous thereto, such person shall, 
from and after giving such certificate, with his or her 
polls and estate, be considered as belonging to the 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 
Universalist Society. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace in the county of Franklin, be, and hereby is 
authorized to issue his warrant, directed to some suita- 
ble person, who is a member of said Universalist Soci- 
ety, requiring him to warn and notify the members 
First meeting, thcrcof to mcct at sucli time and place, in said town of 
Leverett, as shall be directed in said warrant, to choose 
. such officers as parishes and religious societies in this 
Commonwealth are by law authorized to choose in the 
month of March or April, annually. 

[Approved by the Governor, J^une 1§, 1818. 



CHAP. XXX. 

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

JdE it enacted by the Senate and House of 
Jlepresentatives, in General Court assembled, and by 
the authority of the same, That so much of an act, en- 



m 

BOOM CORPORATION. June 12, 1818. 49 

titled ^^ All act to incorporate the President, Directors 
and Company of the Agricultural Bank," as regards 
the time at which the different instalments of the capi- 
tal stock are required to be paid in, is hereby repealed ; 
and that the stockholders of said bank be, and they are 
hereby required to pay in the first instalment of fifty 
dollars on each share, on the first day of September next, 
the second instalment of twenty five dollars on each 
share, on the first day of January, in the year of our 
liord, one thousand eight hundred and nineteen, and 
the third instalment of twenty-five dollars on each share, 
on the first day of April, then next following, or at such 
earlier times as the stockholders of said bank at any 
meeting thereof may determine. 

[Approved by the Grovcrnor, June 12, 1818,] 



CHAP. XXXI. 

An Act to establish the Bangor Boom Corporation. 

Sec. 1. Joe it enacted by the Senate and House of 
JiepresentativeSf in General Court assembled^ and by 
the authority of the sav.ie^ That Joseph Treat, Joseph Pt^rsons inoor- 
Lee, John Treat and Jacob Holyoke, their associates, ^'"''^'''^• 
successors and assigns, be, and they are hereby estab- 
lished a corporation, by the name of the Bangor Boom 
Corporation ; and by that name may sue and be sued, 
prosecute and be prosecuted, shall have a common seal, 
which they may alter at pleasure, and shall eujuy all 
the privileges and powers, and do and suffer all such Powers and 
matters and things as are incident to similar corpora- i'"^'^*^ses. 
tions. 

Sec. S. Be it further enacted, That said corpora- 
tion be, and hereby are empowered, within the term of 
three years from the passing of this act, to build and 
hang a boom or booms, for the purpose of stopping and 
securing masts, logs and other lumber, which are or 
Biay be drifted or rafted down Penobscot River 5 be- 
7 



50 



BOOM CORPOIIATION. 



June i2f 181S, 



Damages ap- 
praised. 



P?ov'fSo 



ginning at Tibbet's Ledge, so called, and extending 
Place of B:onstl own the river to the shore at the lower end of Boyd'g 
Eddy, so called, in Bangor, together with such side or 
br.uich booms, piers or other works as may be necessary 
for the safety and convenience of stopping and securing 
such masts, logs and other lumber as aforesaid, and the 
same to keep in good and suitable repair. 

8ec. 3. Be it further enacted. That if any person 
or persons shall suffer any damage, by means of build- 
ing or hanging the said boom or booms, or any other 
works connected therewith, and the parlies cannot agree 
upon the amount of damages thus occasioned, nor upon 
some suitable person or persons to estimate the same, 
then, in such case, a disinterested committee of three 
freeholders shall be appointed by the Circuit Court of 
Common Pleas for the third Eastern Circuit, when 
liolden in and for the county of Penobscot, to ascer- 
tain the damages ; and the determination of the com- 
mittee, so appointed, shall be the measure of damages : 
Provided however^ that if either party shall be dissatis- 
fied with the report of the said committee, and shall at 
the same session of the Court aforesaid, at wiiich such 
report shall be made, apply to said Court for a trial by 
Jury, in the manner other like causes are determined, 
the Court aforesaid shall have power to determine the 
same by a Jury as aforesaid ; and if the verdict of the 
Jury shall not give the party applying a greater sum in 
damages, than the said committee shall have awarded 
as aforesaid, the Court shall award costs against the ap- 
plicants ; but if the said decision shall be more favora- 
ble to the party applying than the report of said com- 
mittee, the said Court shall render judgment accord- 
ingly with costs, and issue execution in either case. 

Seg. 4. Be it further enacted. That if any person 
or persons shall wilfully or mischievously, or in any 
manner, injure or destroy the said boom or booms, or 
any other works therewith connected or parts thereof, 
be, she or they shall pay treble the value of such dam- 
age, as the proprietors of said corporation shall, before 
the court and jury, before whom trial shall be had, make 
to appear they have sustained by means of said tres- 
pass ; to be sued for and recovered in any court proper 
to try the same. 



Trespasses 
pj,inisU(;d. 



BOOM CORPORATION. June 13, I81S. 51 

Sec. 5. Be it fiirfker enacted , ThiiisiioW or hoom- 
age be, and is hereby granted and established for the 
benefit of the said proprietors, their successors and as- 
signs, according to the rates following, viz. : For each 
mast twenty-five cents ; each ton of limber ten cents ;RatPsnfTnii, 
each spar and board log ten cents ; each thousand of "^" ^""'""i>'^' 
clapboards and staves, boards, plank, or scantling, 
(board measure) twenty cents ; each thousand of shin- 
gles, five cents ; and the same ratio for an equal 
quantity of any other articles of wood or lumber, for 
stopping and securing the several articles aforesaid ; 
and the same toll or boomage, for each and every 
month the same shall lay secured within the said boom 
or booms. And the said proprietors or their agent, 
shall have power to detain the several articles afore- 
said, until the said toll or boomage is paid. And if 
"within four months from the time of stopping and secu- 
ring any of the articles aforesaid, no person or persons 
shall appear to claim the same, and pay the toll or 
boomage as aforesaid, it shall be the duty of said pro- 
prietors, by their agent as aforesaid, to advertise, for 
the space of twenty days, in the towns of JBangor and 
Orono, and in a newspaper printed in the county of 
Penobscot, if any such there be, all such of the said 
articles as may remain unclaimed as aforesaid, descri-saieofun- 
bing the same as nearly as may be, with the marks ^.[:{'"^''i^^°P' 
thereon ; and if at the expiration of said twenty days, 
110 person shall appear to claim the same, the said pro- 
prietors, by their agent as aforesaid, shall proceed to 
sell the same at public auction, for the most that can 
be obtained ; and the proceeds of such sale shall be 
retained by said corporation for the space of two years overplus re- 
thereafter. And, if any person or persons within that^'*"'"-'^- 
time shall appear and prove his or their properly in 
the articles sold as aforesaid, he or they shall be enti- 
tled to the overplus of such proceeds, after deducting 
the respective fees due for stopping and securing the 
same, and reasonable charges for advertising and sell- 
ing the same. And if no person shall appear, within 
the said two years to claim and receive the said over- 
plus, the same shall then become the property of said 
corporation : Provided that the Legislature shall have 



52, SCHOOL & MINISTRY FUND. June 12, 1818. 

power, at any lime to lessen the rate of toUs^ as to the 
Legislature may appear just and reasonable. 

Sec. 6. Be it further enacted. That any two of the 
persons named in this act, shall have power to call the 

First meeting, fiigt meeting of the proprietors of said corporation, by 
publishing an advertisement, stating the time and place 
of such meeting, in the Bangor Weekly Register, four- 
teen days at least before the same shall be held ; and 
said proprietors v/hen met as aforesaid, may agree upon 

Ficctiouofoffi-the method of calling future meetings, elect officers, and 
establish such by-laws for the regulation of said corpo- 
ration, as they may deem necessary, not repugnant t© 
the constitution and laws of this Commonwealth. 

[Approved by the Governor, June 12, 1818.] 



CHAP. XXXII. 

An Act to authorize the raising a Fund, for tlie support 
of Pnblic Schools and the Ministry, in the town of 
Buckfield, in the county of Oxford. 

Sec. 1. JoE it enacted hj the Senate and House of 
Representatives^ in 'General Court assembled, and hy 
the authority of the same. That the Selectmen and 
Treasurer of the town of Buckfield^ for the time being, 
shall, ex officio, togetlicr with other persons, lobe an- 
nually chosen by the inhabitants of said town, from 
Powers of among themselves, at their meetings in March or April, 
Trustees. ^^^^ g^j^j i^orejjy are appointed Trustees, to sell all the 
real estate belonging to said town of Buckfield, which 
Avas originally reserved in the grant to the proprietors 
of said town for the use of a grammar school, and for 
the use of the ministry ; and to put out at interest the 
money arising from such sale, in the manner and for 
the purposes hereinafter mentioned. 

Sec. 2. Be it further enacted, That the said Trus- 
tees be, and hereby are incorporated into a body poli- 
tic, by the name of the Trustees of the School and 
Ministerial Fund, in the town of Buckfield, in the county 



SCHOOL & MINISTRY FUND. June 13, 1818. 53 

of Oxford ; and they and their successors shall be and 
continue a body politic and coporate by that name for- 
ever : And they shall have a common seal, subject to 
be altered at their pleasure ; and they may sue and be LinbiiUy of 
sued in all actions, real, personal and mixed, and pro- ^'^'^*'^'=^- 
secute and defend the same to final judgment and exe- 
cution, by the name aforesaid. 

Sec. 3. Be it further enacted, That the said Trus- 
tees shall and may annually elect a President, and a ofncers to i.e 
Clerk to record the doin2;s of their meetinars, and a '''"^''y '^''^ . 

^ t— ' ^ sen. 

Treasurer to receive and apply the monies hereinaf- 
ter mentioned, in the manner directed by this act ; and 
any otlier needful officer, for the better managing of 
said funds. 

Sec. 4<. Be it further enacted, That the number of 
said Trustees shall always be five, and no more ; and 
any three of their number shall constitute a quorum for 
doing business ; and they shall and may, from time to 
time, fill up vacancies that may happen, by any cause yacancics 
whatever, from the inhabitants of said town ; and said''"'''^'"'** 
Trustees shall annually hold a meeting in March or 
April, and as much oftener as may be necessary, to 
transact the business of said corporation; which meet- 
ings shall be called in the way and manner that said 
Trustees shall hereafter agree upon. 

Sec. 5. Be it further enacted^ That the Chairman 
of the Selectmen of said town, for the time being, shall 
annually, within ten days after their election, notify Selectmen fo 
the other Trustees of the time and place of their meet- *^''""'^'^^"'s^" 
ing, to make choice of officers for the year, and for 
transacting the other business of the board ; and in this 
manner shall the annual meetings be called and holden. 
And to the end that this act may go immediately into 
operation, the Treasurer and the Selectmen of said 
town, for the present year, shall and may themselves, 
should their number be less than five, appoint persons 
among the inhabitants of said town, to the said office of 
Trustees, to fill up said number ; which persons so 
appointed, having accepted said trust, shall have all 
the power and authority of Trustees of said fund dur-Tmstecsof 
ing the year, and until the next choice by said town, as*"""^^ 
is herein provided ; which appointment shall be made 
as soon as may be, after the passing of this act, and no- 



5i SCHOOL & MINISTRY FUND. June 12, 1818; 

tice thereof be given, in writing, to the Clerk of said 
town, who shall record the same among the town rec- 
ords, and notify the persons so appointed of the same, 
without delay. 

Sec. 6. Be it further enacted. That the said Trus- 
tees be, and hereby are autliorized to sell and convey, 
General Pow- in fcc simplc, all tlic real estate belonging to said town, 
*" as aforesaid, and make, execute and acknowledge a 

good and sufficient deed or deeds thereof ; which deed 
or deeds, subscribed by the Treasurer of said Trus- 
tees, with their seal thereto affixed, shall be good and 
effectual in law to pass and convey the fee simple from 
said town to the purchaser, to all intents and purposes 
"whatever. 

Srx. 7' ^e it further enacted, That the monies 
arising from the sale of said real estate, shall be put 
Disposition of out at interest, as soon as may be, and secured by mort- 
jnnds. gage of real estate, to the full value of the estate sold ; 

or by two or more sufficient sureties, with the princi- 
pal, unless the Trustees shall think proper to invest 
the same in public funded securities, or bank stock of 
this Commonwealth, which they may do. 

Sec. 8. Be it farther enacted. That the interest, 
arising from time to time, on such monies as shall ac- 
crue from the sale of the lands reserved for the use of 
the ministry, shall be annually, or oftener, if practica- 
ble, put out at interest and secured in manner aforesaid, 
and also the interest accruing from the interest, until 
the expiration of six years from the sale of said lands, 
Apprnprintion whcu Said town, if they see cause, may appropriate the 
interest of the whole amount of principal and interest 
then accumulated, towards the support of the ministry 
and public worship of God, in said town ; or they may 
let the same continue to accumulate, in the same man- 
ner aforesaid, till such time as they shall see fit so to 
appropriate it. And the interest, from the monies aris- 
ing from the sale of the school lands, shall be annually 
appropriated to the use of the schools in said town ; 
and the Trustees aforesaid, shall govern themselves 
accordingly. And it shall never be in the power of 
said Trustees, or of said town, to alienate or appropri- 
ate the fund aforesaid. 



of inlercbt nio- 
ney 



PENOB. CANAL CORPOKA. June i2, 1818. 35 

Sec. 9. Be it furtJier enacted. That the Clerk of 
said corporation shall be sworu, previous to his enter- 
ing on the duties of said office ; and the Treasurer of 
the Trnstees shall give bond to the inhabitants of said officers to give 
town faithfully to perform his duties, and to be at air^*""'"' 
times responsible for the faithful application and ap- 
propriation of the money, which may come into his 
hands in his said capacity, conformable to the true in- 
tent and meaning of this act, and for all negligence and 
misconduct, of any kind, in his office. 

Sec. 10. Be it farther enacted, That the Trustees, 
or their officers, for the services they may perform, shall Compensation 
not be entitled to any compensation out of the monies ^° ^'^^'^""' 
arising from the fund aforesaid ; but if entitled to any, 
shall receive the same of s'aid town, as may be mutu- 
ally agreed upon. 

Sec. 11. Be it further enacted, That the said Trus- 
tees and their successors, shall exhibit to the town, at 
tlieir annual meeting in Marcli or April, a regular and Anmni state. 
fair statement, in writing, of their doings ; which state- co^'l^^!'''"^' 
ment shall be placed on file, by the Clerk of said town, 
and kept by him there. 

Sec. 13. Be it further enacted, that the said Trus- 
tees shall be responsible to said town for their personal Responsibility 
negligence or misconduct, whether they be officers q|.^^^"^'*=^^- 
not, and be liable to a suit for any loss or damage 
arising thereby ; the debt or damage to be recovered 
in such suit, to be for the use aforesaid. 

[Approved by the Governor, June 12, 1818.] ' 



CHAP. XXXIII. 

An Act in addition to an act, entitled " An act to es- 
tablish the Penobscot Canal Corporation.*^ 

Sec. 1. ijE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hij 
the authority of the same, That the proprietors of the 
Penobscot Canal, in their corporate capacity, be. and 



7-.ocation of 
Caiiat. 



BO PENOB. CANAL CORPORA. June 12, 1818. 

tliey are hereby empowered to survey, lay out, and 
make a Canal, with a sufficient number of locks or 
sluices, from the tide waters of the Penobscot River, at 
Bangor, to the south end of Pushaw Pond ; thence in 
or by said Pond, to the outlet thereof ; thence down, 
in or by Pushaw River, to the Still-water River; 
thence up, in or by said Still-water River, to the head 
of Marsh's Island ; thence in or by the River, 

through the Thoroughfare, so called, between Marsh's 
and Orson Islands, to the main Penobscot River ; and 
shall have power to remove any rocks or other obstruc- 
tions in said rivers ; and to make dams at such places 
as may be necessary to flow the water, for the use of 
said canal. 

Sec. 3. Be it further enacted^ That for the pur- 
poses of completing said canal, and making the same 
useful to the public, and beneficial to the proprietors, 

PoverA jijpy giiall have power to take and use the waters of the 
rivers and streams running in the direction of the said 
• canal, by erecting dams, mills, or other manufactories, 
to the working of which water is or may be necessary ; 
and they may take and hold in fee simple, a parcel of 
land not exceeding twenty rods wide, wherever the said 
canal shall pass ; and where it may pass over land of 
this Commonwealth, the same is hereby given and 
granted to the said corporation, to hold in fee simple, 
and shall be allowed to demand and receive the same 

Tolls. rate of toll per mile, for articles passing this, as for the 

first granted part of said canal, and the said toll shall 
commence and be payable, when any two miles of said 
canal is made passable for boats or rafts. 

Sec. 3. Be it further enacted, That said corpora- 
tion shall be bound by and holden to the same condi- 
tions and restrictions respecting the time of completing 

Fish ways to (^js pj^rt of Said caual, keeping open fish ways, and 
ep oijen, ^.^^ damages to other corporations or individuals, whose 
land may be taken or flowed for the use of said canal, 
as is specified in said act of incorporation, and shall be 
as binding on the said corporation, as if the same was 
herein particularly recited. 

[Approved by the Governor, June 13, 1818,] 



ENFIELD. June i%, 1818. 57 



CHAP. XXXTV. 

An Act in addition to an act, entitled " An act to in- 
corporate the town of Enfield." 

Sec. 1. JjE it enacted by the Senate and House of 
JlepresentativeSf in General Court assembled^ and by 
the authority of the same, That from and after the pass- 
ing of this act, the boundary line between the towns 
of Enfield and Greenwich, and north and south parish, Town Boumia. 
shall be as follows, viz. beginning at the north-east™*- 
corner of Amos Hunter's farm, at a stake and stones on 
Pelham south line ; thence south, six hundred and 
eighty-three rods, to a stake and stones standing at the 
south west corner of the farm belonging to the heirs of 
Abel Walker, deceased, and north line of John Rich's 
old farm ; thence east five degrees north, one hundred 
and fifty -six rods, to the northwardly bank of Swift 
River ; thence crossing said river in the same direc- 
tion ; thence up the said river, on the bank thereof, 
twenty-five rods ; thence south four degrees thirty min- 
utes west, three hundred and eighteen rods, to the 
south-west corner of John F. Stevens' farm, on the 
lull, Little Quobbin, so called ; thence east seven de- 
grees north, seventy-two rods, to a stake and stones 5 
thence east one degree south, fifty. eight rods, to a stake 
and stones standing at the north-west corner of the 
Eaton lot, so called ; thence east twenty-five degrees 
south, to a small brook ; thence up the middle of said 
brook, as the stream runs, southerly through the mid- 
dle of the small pond ; thence in a due south course to 
the county road leading from Hard wick to Enfield ; 
thence crossing said road, to the south side thereof ; 
thence in the south line of said county road, to the line 
of the town of Hardwick, but so as to include the w hole 
of a school house standing on or near said road, within 
the town of Enfield. 

Sec. 3. Be it further enacted. That all the lands 

lying north and east of the above described line, which 

belonged to the south parish in Greenwich and the 

town of Enfield, together with the inhabitants thereon, 

8 



58 



MILLS IN BllAlNTIIEE. 



June 13, 1818. 



Lands set ofF. are lieucby set off from the town of Enfield and south 
parish, and annexed to the town of Greenwich ; and 
the ndrtli parish, and all the lands lying south and 
west of the said line, which belonged to the north par- 
ish and tlie town of Greenwich, together with the in- 
habitants thereon, are hereby set off, and annexed to the 
town of Enfield, south parish ; and the inhabitants so 
set off on eitlier side, shall enjoy all the rights and priv- 
ileges, and be subject to all the duties and requisitions 
in the towns and parishes to which they belong, as 
the other inhahitants of said towns and parishes. 

Sec. 3. Be it farther enacted. That the inhabi- 
tants of said towns and parishes shall be holden to pay 
all taxes already assessed, or voted to be raised, by 
either of the said towns or parishes, previous to the 
passing of this act, in the same manner as if the same 
had not been passed : Provided however, that nothing 
in this act shall affect the provisions of an act passed 
February sixteenth, in the year of our Lord one thou- 
sand eight hundred and sixteen, for the support of 
paupers, between the towns of Enfield and Greenwich, 

[Approved by the Governor, June 13, 1818.] 



Payment of 
taxes. 



CHAP. XXXV. 

An Act to incorporate the Proprietors of Mills on Ma- 
natticjuot River, in Braintree. 



Persons incor- 
porated. 



Sec. 1. JjE it enacted by the Senate and House of 
JlejJreaentativeSf in General Court assembled, and by 
the authority of the same, That Jonas Welsh, Na- 
thaniel Thayer, 2d, Abraham Holbrook, James Hol- 
brook, Abraham Thayer, and James Forster, with 
their associates and successors be, and they are hereby 
made a corporation and body politic forever, by the 
name and style of the Proprietors of Mills on Manat- 
tiquot Biver ; with all the powers, privileges and im- 
munities incident to a corporation aggregate ; and said 
corporation is hereby made capable iu law of having. 



MILLS IN BRAINTREE. Jme 12, 1818. 59 

holding, purchasing, and taking iii fee simple, or any 
less estate, by gift, grant, devise or othervvis ., any Powers. 
lands, tenements, hereditaments, or other estatt, real, 
personal or mixed, necessary for the purposes contem- 
plated in this act. 

Sec. 3. Be it farther enacted, That said corpo- 
ration shall have full power, liberty and authority, to 
make the reserves of water wisiied l3y tliem, in the fol- 
lowing described ponds, or any of them, viz. Hough- 
ton's Pond, so called, lying in Canton, between Brain- 
tree Great Pond and the Blue Hill, containing abou t Course of wa- 
thirty acres ; Cranberry Pond, so called, situated i,^'^''^'^'' '^'^^ 
the south-east part of Braintree, containing about thirty 
acres ; the Little Pond, so called, lying in the centre 
of the town of Braintree, containing about seventy 
acres ; the Great Pond, so called, lying partly in the 
south-west part of Braintree, and partly (about one 
eighth of the pond) in Randolph, estimated to contain 
one hundred and thirty acres. And said proprietors 
are hereby authorized and empowered, by themselves 
or their agents, in their corporate capacity, to erect 
suitable dams at proper places, for said purpose, to Dims, 
preserve said dams in such repair as they may consider 
necessary to raise the water in said ponds as high as 
its original bounds, to lower the outlets of said ponds, 
and to draw off such portions of said waters from any 
of said ponds, in such quantities, and at such times as 
they, or a major part of them, or their special agent for 
that purpose, shall judge best for the interest of all con- 
cerned. 

Sec. 3. Be it further enacted, That said cor- 
poration shall have a common seal, and be capable in 
law to prosecute and defend to final judgment and ex- cen.'rs.i Pew 
ecution any action or other process, before any court, ^'*- 
tribunal or magistrate whatever, and to do and perform 
all such other acts and things, as an aggregate corpo- 
ration may or of right can do. And they shall have 
power to appoint a President, Clerk, and such other 
officers and agents, and to make such by-laws and reg- 
ulations as they may find necessary ; 'provided the same Proviao. 
are not repugnant to the laws of this Commonwealth. 

Sec. 4. Be it further enacted, That if any per- 
son or persons shall wilfully or maliciously take up, 



60 



MILLS IN BRAINTREE. 



June 13, 1818. 



Tenaltiee, 



remove, break down, dig under, or otherwise injure or 
destroy in any manner, said dams, or any of the gates 
or waste ways thereof, or any part of them, or shall im- 
pede or hinder said proprietors or their agents, in 
erecting, maintaining or repairing said dams, or any of 
them, or any of the gates or waste ways thereof, such 
person or persons shall forfeit and pay to said corpo- 
ration, a sum not less than fifty dollars, nor more than 
one hundred dollars, according to the nature and ag- 
gravation of the injury done or committed ; and such 
offender shall be further liable to indictment for such 
trespass ; and on conviction thereof, shall be sentenced 
to pay a fine to the use of the Commonwealth, of not 
less than ten dollars, nor more than fifty dollars. 

Sec. 5. Be it further enacted, That any three of 
the persons named in the first section of this act, may 
Fa-st meeUng. call the first meeting of said corporation, to be holdeu 
at such time and place as they may judge proper, they 
giving two days previous notice to the other proprietors 
therein named. 

Sec. 6. Be it further enacted, That in case any 
damages shall accrue to any person by flowing said 
ponds higher than by law, or the provisions of this act 
they are entitled to be flowed, such damage shall be 
paid by said corporation as is provided for and given 
in the act, entitled " An act for the support and regula- 
tion of mills," and in the several acts in addition thereto. 

[Approved by the Governor, June 13, 1818.] 



COrpoi'ation 
liable against 
overflowing. 



COMMONWEALTH OF MASSACHUSETTS. 



secretary's office, jnr 20, 1818. 
BY this I certify, that the Laws contained in this pamphlet, 
passed at the Session begun May 27th, and ending June 13th, 1818, 
have been compared with the originals in this ofl&ce, and appear to 

be correct. 

ALDEN BRADFORD, 

Secretary of Commonwealth. 



LAWS 



OP THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED JANUARY THIRTEENTH, 

AND ENDED FEBRUARY TWENTIETH, ONE THOUSAND EIGHT 

HUNDRED AND NINETEEN. 



CHAP. XXXVI. 



An Act to incorporate the Eastport Mechanic Relief 

Society. 

Sec. 1. OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Daniel Garland, 
Charles Peavey, Harius Olmstead, Ethel Olmstead, 
Joshua Haynes, Thomas Haycock, and Jery Burgin, Persons incor- 
and their associates and successors, be, and they are ^°'^*^*'^" 
hereby incorporated and made a body politic, by the 
name of the Eastport Mechanic Relief Society ; and 
by that name, shall be a corporation, with power to 
have a common seal ; to make contracts, relative to 
the objects of their institution ; to sue and be sued, to 
establish by-laws and orders for the regulation of the 
said society, and the preservation and application of 
the funds thereof ; provided, the same be not re- 
pugnant to the constitution or laws of this Common- 



64 HINGHAM TO SELL ESTATE. Jan. 26, 18i9. 

wealth ; to take, hold, and possess, any estate, real 
or personal, by gift, grant, subscription, purchase, 
devise, or otherwise ; and the same to improve, lease, 
exchange, or sell and convey, for the sole benefit of 
said institution : Provided, that the value of the real 
estate of said society, shall never, at any one time, 

Provisos. exceed ten thousand dollars ; nor the value of the per- 
sonal estate, exceed twenty thousand dollars : Pro- 
vidfd, also, that the funds of said society shall be 
applied to the relief of poor and indigent mechanics, 
their widows and orphans, and to none other. 

Sec. 2. Be it further enacted, That Ethel 01m- 
stead be, and he is hereby authorized to call the first 
meeting of said society, by giving public notice of 

fiist meeting, the time and place of meeting, by advertisement in 
the Eastport Isentinel, printed in the town of East- 
port, at least seven days prior to such meeting. 

[Approved by the Governor, January 36, 1819.] 



CHAP. XXXVIl. 

An Act, in addition to an act, entitled " An act to 
authorize the town of Hingham to sell certain Ileal 

Estate.'' 

OE it enacted hy the Senate and House 
of Hepresentatives, in General Court assembled, and 
by the authority of the same, That the provisions of 
the act, entitled " An act to authorize the town of 
Hiuirham to sell certain real estate," shall extend to 
all the lands within the said town of Hingham, held 
by the original proprietors of the township in common 

power. and undivided, and voted, by the legal representatives 

of the said original proprietors, to be given to the in- 
habitants, at a legal meeting, held by them, on the 
first Monday of April, in the year of our Lord ono 
thousand seven hundred and eighty-eight, subject al- 
ways to the conditions of the said vote. 
[Approved by the Governor, January S6, 1819.] 



Extension of 



BOOM ACROSS AMARISCOG. Jan. 26, 1819. 65 



CHAP. XXXVIIT. 

An Act to empower Josiah Little and his associates, 
to erect a Boom across the Little Amariseoggin 
River. 

Sec. 1. JJE ii enacted hy the Senate and House 
of Representatives, in General Court assembledy and 
by the authority of the same^ That Josiah Little, Ed- 
ward Little, and William Atkinson, together with Persons incor. 
such other persons as may hereafter become proprie-^''"'"^^''" 
tors in said boom, be, and they are hereby made a 
corporation, for laying and maintaining a boom across 
Little Amariseoggin River, by the name of the pro- 
prietors of the Pejepscot Boom ; and by that name, 
may sue and be sued, prosecute and be prosecuted to 
final judgment and execution; and may do, and suffer 
all such matters and things, as bodies politic and cor- 
porate may, or ought to do and suffer : And the said 
corporation shall keep and use a common seal, which ^^enerai prnv. 
they may change, alter, and renew, as they may see*^'^ 
cause ; and shall have all other powers usually given 
and incident to corporations of a like nature and pur- 
pose. 

Sec. 2. Be it further enacted, That the said Josiah 
Little and his associates may, by an advertisement, 
posted up in some public place, in the said town of MeetiD^s df 
Pejepscot, call a meeting of tlie said associates, at"'^^^"'^'*""''* 
such time and place, as shall be therein expressed, 
giving at least ten days notice of such meeting : And 
the said associates, being so met, by a vote of the ma- 
jor part present, or represented at said meeting, shall 
choose a Clerk, Treasurer, and such other officers, officers. 
as they may, from time to time, find necessary ; who 
shall be sworn to the faithful discharge of their re- 
spective trusts ; and shall also agree on a method for 
calling future meetings of the said proprietors, at the 
same, or any subsequent meetings ; and may also 
make and establish such rules and regulations, as Rules and re^- 
may be found necessary or convenient for mauaging"''^"°"^ 
tho affairs of the said corporation : for collecting the 



66 BOOM ACROSS AMARISCOG. Jem. 26, 1819. 

toll or fees, hereby established ; and for the more 
ellectually executing and completing the general pur- 
May assess ami pose of this act; and shall have power to assess and 
collect fines, j ^cover reasonable fines and penalties for any breach 
of such rules and regulations, not exceeding ten dol- 
lars : Provided, such rules and regulations, shall not, 
in any case, be repugnant to the constitution and laws 
of this Commonwealth. And all applications and 
representations, made at such meetings, shall be in 
writing, and signed with the name of the persons ma- 
king the same ; which writing shall be filed with, and 
recorded by the Clerk of the said corporation ; and 
this act, with all the rules, regulations, votes, and 
doings of the said corporation, shall be fairly recorded 
by the said Clerk, in a book or books, for that pur- 
pose, to be provided and kept. 

Sec. 3. Be it further enacted, That the said corpo- 
ration shall be entitled to receive of the respective 
owner or owners, of logs, masts, and timber, which 
shall be rafted and secured at said boom, by any 
person or persons, the following respective fees or 
Fees and tolls, toll, viz. : For cach mast, eight cents; for each pine 
mill log, of thirty feet in length, and upwards, six 
cents ; for each pine mill log, under thirty feet, four 
cents ; and for each spruce or hemlock mill log, or 
Proviso. stick of timber, three cents : Provided, however, that 
the fees or toll shall, at all times hereafter, be sub- 
ject to the revision or alteration, of the Legislature. 

Sec. 4. Be it further enacted, That for the secur- 
ing and recovering the payment of the respective fees 
or toll aforesaid, it shall be lawful for the said corpo- 
ration, by their Agent, or other person, whom they 
ivtayMicfoiMie-may appoint for that purpose, to sue for and recover, 
linqucnts'fiiKs. jji ^ d^g coursc of law, by an action upon the case, 
all such fees or toll, for all masts, logs, or timber, se- 
cured and rafted as aforesaid, when payment shall be 
refused or neglected, by the person or persons, sub- 
ject to pay the same. 

Sec. 5. Be it further enacted, That any person or 
mma-cstoi- persons, who shall wilfully and maliciously injure or 
injuries. dcstroy the said boom, or any of its appendages, or 
means of using and improving the same, shall be lia- 
ble to pay treble damages, with cost of suit, as shall 



SOUTH WEST BEND BRIDGE. Feb. 3, 1819. 67 

be determined ia a due course of law, to be sued for 
and recovered by the proprietors of said boom, in an 
action of trespass, or on the case. 

[Approved by the Governor, January 26, 1819.] 



CHAP. XXXIX. 

An Act to incorporate the Proprietors of the South 
"West Bend Bridge. 

Sec. 1. JjE it enacted by the Senate and House 
x)f Representatives, in General Court assembled, and 
by the authority of the same, That Gideon Curtis, pcsons incor- 
Thomas Freeman, Reuben Blethen, Simeon Kimball, po'-'^^''- 
William Newell, Abel Curtis, John Hart, Junior, 
Nathaniel Gerrish, John Mayall, Joseph H. Hoyt, 
John B. Dyer, Ebenezer Strout, Daniel Hanson, 
James Small, Benjamin Peterson, John Cushing, 
Consider Thomas, Isaac Smith, George Furguson, 
Turner Curtis, Paul C. Tebbetts, John Ricker, Jon- 
athan Strout, Barnabas Strout, Benjamin H. Mace, 
John Robinson, 3d, Hiram Hanson, Charles Smith, 
Junior, Dyer Higgins, Aaron Dwinall, Rogers Good- 
win, Warren McLellan, Josiah True, Josiah Col- 
cord, Jonathan Davis, Isaac Furbush, Enoch Teb- 
betts, Lewis Cushmaa, James Colby, James Strout, 
William Gerrish, Alvan Robinson, Samuel Gooch, 
and Orlando Merritt, with all those who have asso- 
ciated with them, together with all those who may 
hereafter become proprietors with them, shall be, and 
hereby are constituted a corporation and body politic, 
by the name of the proprietors of the South-West Bendc^,,^,.^, 
Bridge ; and by that name may sue and prosecute, andeis. 
be sued and prosecuted to final judgment and execu- 
tion, and do and suffer all other acts and things, which 
bodies jpolitic may, and ought to do and suffer ; and 
the said corporation shall have full power and author- 
ity to make, have and use a common seal, and the same 
to break, alter and renew at pleasure. 



63 



SOUtH WEST EEND BRIDGE. Feh. 2, 1819. 



Officers and 
their duties. 



Sec. 2. Be it further enacted* That Benjamin 
H. Mace, Paul C. Tebbetts, and John Ricker, or any 
First meeting, tvvo of them, may, by posting up advertisements in the 
towns (if Durham and Lisbon, call a meeting of 
the said proprietors, to be hoi den at some conveni- 
ent place, near the Androscoggin River, after fifteen 
days from the posting up said advertisements. And 
the said proprietors, by a vote of the majority of those 
present or represented at said meeting, accounting and 
allowing one vote to each share, shall choose a Clerk, 
"who shall record this act, and truly and fairly record 
all rules, regulations and votes of said corporation : 
And said proprietors may, at the same, or any subse- 
quent meetings, choose such other officers as may be 
found necessary for managing the business of said 
corporation, and agree upon a method for calling fu- 
ture meetings ; also have power to transact any busi- 
ness for the benefit of said corporation ; provided, it 
be not repugnant to the constitution or laws of this 
Commonwealth. 

Sec. 3. Be it further enacted, That said corpo- 
ration be, and they are hereby authorized to erect a 
bridge across said river, between the towns of Dur- 
ham and Lisbon, near and below Dyer's Ferry, which 
shall be built of good and sufficient materials, not less 
than twenty-two feet wide, and well covered with plank 
or timber, suitable for such bridge ; with sufficient rails 
on each side, for the safety of passengers ; and the 
same shall be kept in good, safe and passable repair ; 
and the fills or string pieces of said bridge, shall be 
laid at least twenty feet above the surface of the wa- 
ter, at its usual height, in the summer season. 

Sec. 4. Be it further enacted, That for the pur- 
pose of reimbursing said proprietors the monies by 
them expended, or that may hereafter be expended, in 
building and supporting said bridge, a toll be, and is 
hereby granted and established, for the sole benefit of 
said proprietors, according to the rates following, viz. : 
for each foot passenger two cents ; for each person and 
horse, six and one quarter cents; for each waggon or 
cart, drawn by one horse. tencents,and each additional 
horse, two cents ; for each chaise, chair or sulkey, 
drawn by one horse, twelve and a half cents ; each 



Dimensions of 
Bridge. 



Rates of toll. 



SOUTH WEST BEND BRIDGE. Feh. 2, 1819. G9 

coach, chariot, phaeton or curricle, drawn by two 
horses, twenty-five cents, and every additional horse 
four cents each; for each cart, waggon, or other like car- 
riage of burthen, drawn by two beasts, twelve and one 
half cents, and every additional beast, two cents ; for 
each sleigh or sled, drawn by one beast, six and a 
quarter cents, every additional beast two cents each ; 
each wheelbarrow, handcart, or other vehicle capa- 
ble of carrying a like weight, with one person, three 
cents ; for neat cattle or horses, other than those rode 
on, or in carriages or teams, two cents each ; for sheep 
and swine, at the rate of six cents the dozen ; mid to 
each team one person shall be allowed as driver, and 
no more, for the toll as established for teams ; and at 
all times when the toll gatherer shall not attend his 
duty, the gate shall be left open ; and the said toll 
shall commence on the day of opening said bridge for 
passengers, and shall continue for the benefit of said 
corporation forever ; fvovided, that after the terra of 
twenty years, the rate of toll shall be subject to the Provisos. 
regulations of government ; and provided, also, that 
the proprietors shall build the said bridge twenty-five 
feet wide, when it shall be rebuilt, in whole or in 
part, or at any time when the government shall so di- 
rect ; and the proprietors, at the place or places where 
the toll shall be received, shall erect, and keep con- 
stantly exposed to view, a sign board, with the rates 
of toll of all tollable articles, fairly and legibly written 
thereon, in large or capital letters. 

Sec. 5. Be it further enacted, That if the said 
corporation shall neglect or refuse, for the space of 
three years from the passing of this act, to build and Litnitation of 
complete the said bridge, then this act shall be void ''"^''^^^* 
and of none effect, 

[Approved by the Governor, February 2, 1810.] 
10 



70 COURT OF COM. PLEAS. Feb, 2, 1819. 



CHAP. XL. 

An Act for altering the times of holding the Circuit 
Court of Common Pleas, within the County of 
Somerset. 

Sec. 1. JjE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That from and after the 
third Tuesday of March next, the term of the Circuit 
Change of Court of Common Pleas, now by law, appointed to 
terms. ^^ holdeu at Norridgewoek, within and for the County 

of Somerset, on the Tuesday next preceding the sec- 
ond Monday of August, shall be holden at Norridge- 
wock as aforesaid, on the last Monday in June : And 
the term of said Court, now by law, appointed to be 
holden on the first Tuesday of November, shall be 
holden at Norridgewock aforesaid, on the first Mon- 
day of November : And that the term of said Court, 
now by lavv, appointed to be holden on the third 
Tuesday of March, shall be holden at Norridgewock 
I as aforesaid, on the second Monday of Marcli* 

Sec. 3. Be it further enacted, That all writs and 
processes, of what kind soever the same may be, that 
shall, before the third Tuesday of March next, be 
made returnable to the said Circuit Court of Common 
Writs retarna- Plcas, ou the first Tucsday of August; and all parties 
^^^' and persons, that may, before the said third Tuesday 

of March, be required and directed to appear on the 
first Tuesday of August, shall be returned to, entered, 
appear, and have day, in said Court, on the last Mon- 
day of June next. 

[Approved by the Governor, February S, 1819,] 



COUNTY OF SOMERSET. Feb. 2, 1819. 71 



CHAP. XLI. 

An Act to ascertain and establish a part of the West 
Line of the County of Somerset, and for other pur- 
poses. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That from and after the 
passing of this act, the west line of the tract of land, 
called Bingham's Tmct or Patent, or otherwise called 
the Million Acres, lying on both sides of Kennebec 
River, until it intersects the north line of said Bing- Boundaries. 
ham's Tract, including the whole of said Million 
Acres, shall be, and hereby is established, and de- 
clared to be the west line of said County of Somerset. 

Sec. 2. Be it further enacted, That the respective 
Treasurers of the Counties of Somerset, Oxford, Han- 
cock, Penobscot, and Washington, be, and they hereby Treasurers' 
are empowered to issue their warrants respectively, to g][g[T|."'^ *" 
the respective Sheriffs of said counties, requiring them 
to collect the said county taxes within said counties 
respectively, which have been assessed upon the sev- 
eral towns, and unincorporated plantations, and other sheriffs' DuUc 
tracts of land unimproved, lying within said counties 
respectively, since the year eighteen hundred and 
twelve ; but upon which townships, or other tracts of 
unimproved land, there was not, at the settlement of 
the last valuation, any person residing thereon, or 
Assessors chosen, to whom the said Treasurers could 
issue their warrants, for the assessing and collecting 
thereof: All which sums, are to be collected in the 
same manner, as Collectors or Constables are directed 
to proceed in the collecting of taxes laid on nonresi- 
dent proprietors of unimproved lands, and to be paid 
into the treasury of the respective Counties of Somer- 
set, Oxford, Hancock, Penobscot, and Washington, 
on or before the first day of September next : Provi- Proviso. 
ded, that deductions shall be made and allowed from 
said county taxes, in the same ratio that deductions 
were made from the state taxes assessed upon said 



SALEM LABORATORY COMP. Feb, i, 1819. 

lantls, by, and conformable to, a resolve passed the 
seventeenth day of February, one thousand eight 
hundred and eighteen. 

[Approved by the Governor, February 2, 1819.] 



CHAP. XLIL 

An Act to change the name of th« town of Pegypscot. 

_OE it enacted by the Senate and House 
of Representatives, in General Court assembled^ and 
hy the authority of the same. That the name of the town 
called Pegypscot, shall cease, and the said town shall 
hereafter be called and known by the name of Dan- 
ville, the act of incorporation to the contrary notwith- 
standing. 

[Approved by the Governor, February 1, 1819.] 



CHAP. XLIII. 

An Act to incorporate the Salem Laboratory Company. 

Sec. 1. J5E it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That George S. Johon- 
ivrsonsincoi- not, Johu Puuchard, and Isaiah Hacker, and all such 
porated. persous as may hereafter associate with them, their 

successors and assigns, being citizens of the United 
States, shall be, and they hereby are constituted a 
body politic and corporate, by the name of the Salem 
Laboratory Company ; and by that name, may sue and 
be sued, plead and be impleaded, defend and be de- 
f( »/led. in any Courts of Record, or in any place what- 
soever ; and shall and may do and suffer all matters, 



SALEM LABORATORY COMP. Feb. 1, 1819. 73 

acts and things, which bodies politic ought to do and 
suffer ; and shall have power to make, have and use a 
common seal, and the same again at pleasure to break, 
alter and renew ; and also to ordain and put in exe- General pow. 
cution, such by-laws, ordinances and regulations, as*^^^* 
to them shall appear necessary and convenient, for the 
government of said corporation, and for the prudent 
management of their property and affairs ; provided, 
that such by-laws, ordinances and regulations shall 
not be repugnant to the laws of this Commonwealth : 
And the said company shall have all the powers and 
privileges, and be subject to all the duties contained 
in an act, entitled " An act defining the general pow- 
ers and duties of manufacturing corporations." 

Sec. 2. Be it further enacted, That the said cor- 
poration shall be, and hereby is declared capable to 
have, hold and possess lands, tenements and heredit- 
aments, not exceeding in value the sum of sixty thou- MHviioidicai 
sand dollars ; and may erect on the same, or any part*^*'"^^' 
thereof, all such buildings, furnaces, machinery and 
apparatus, as may be necessary and proper for making 
and manufacturing alum, Roman vitriol, aqua fortis, 
oil of vitriol, and any other chemical article or arti- 
cles, capable of being manufactured on the premises ; 
and the said corporation is further authorized to hold 
and possess personal estate, not exceeding forty thou- 
sand dollars in amount ; the whole of which corporate 
property shall be divided into three thousand shares. 

Sec. 3. Be it further enacted, That the shares in 
the said corporation may be sold and transferred, by si.ates n.aj be 
deed duly acknowledged by the proprietors thereof, '''^''" 
and recorded by the Clerk of said corporation, in a book 
to be kept for that purpose : And the said corporation 
are hereby authorized to raise such sums of money as 
may, from time to time, be necessary for effecting the 
objects of said corporation, by equal and just assess- 
ments on the several shares therein : and the time 
when such assessments become due and payable, shall 
be notified in one of the public newspapers printed in 
Salem, in the County of Essex, and also in one of the 
newspapers printed in Boston, in the County of Suffolk;; 
and the Treasurer of said corporation is hereby autlior- 
ized to sell at public vendue, the share or shares of 



7* SALEM LABORATORY COMP. Feh. i, 1819. 

any proprietor who shall neglect to pay the assess- 
ments laid thereon, when the same shall become due 
and payable, as aforesaid, or so many of such shares 
as shall be necessary for that purpose, giving notice 
of the time and place of such sale, by publishing a 
notification thereof, in the newspaper in which the 
laws of this Commonwealth are ordered to be printed, 
for the time being ; and also in one of the newspapers 
printed in Salem, aforesaid, thirty days, at least, be- 
fore the time of such sale : And a deed of such share 
or shares, duly executed and acknowledged, by the 
Treasurer, and recorded as aforesaid, shall be a valid 
conveyance of such delinquent proprietor's share or 
shares, to the purchaser thereof ; and the surplus mo- 
ney, arising from such sale, if any remain, after pay- 
ing the assessments due, and interest thereon, from 
the time when the same became due, and also all the 
charges and expenses of such sale, shall be paid to 
said delinquent proprietor, or his assigns : Or the 
said corporation may recover the amount of such as- 
sessments and interest, with costs, in an action of debt, 
in any Court having jurisdiction thereof, as they shall 
elect and determine. 

Sec. 4. Be it further enacted, That the proprie- 
tors aforesaid shall meet, from time to time, and at 
such times as shall be provided for, in their by-laws, 
Election of offi. for the purposc of electing such officers as they shall 
cers. j|,j(] necessary, and for transacting any other business 

relating to the objects of their incorporation ; and ev- 
ery proprietor present, or represented at any such 
meeting, shall be entitled to as many votes as he has 
shares ; provided, however, that no proprietor shall, in 
any case, be entitled to more than twenty votes. 

Sec. 5, Be it further enacted, That the said George 
S. Johonnot, is hereby authorized to call the first 
j'irst meeting, meeting of said corporation, by an advertisement in 
one of the newspapers, printed in Salem aforesaid, 
one week, at least, previous to said meeting ; at which 
first meeting, the proprietors present, shall choose a 
Clerk, who shall be sworn, or affirmed, to the faithful 
discharge of his duties : iVnd it shall be the duty of 
said Clerk, to record this act, the rules and by-laws of 
said corporation, and the proceedings of the proprie- 



WRENTHAM AND FOXBORO^ Feb. 3, 1819. 75 

tors, at every regular meeting, in a book to be pro- 
vided for that purpose, and make all other records 
that may be necessary. 

[Approved by the (xovernor, February 1, 1819.] 



CHAP. XLIV. 

An Act establishing the Dividing Line between the 
towns of Wrentham and Foxborough, in the County 
of Norfolk. 

Sec, 1. JdE 2f enacted hy the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That the following described 
line be in future established as the dividing line be- 
tween the towns of Wrentham and Foxborough, viz. Boundariei 
beginning at a stake and heap of stones, at the corner 
of Attleborough and Mansfield, on the county line ; 
thence north, about five degrees east, by sundry mark- 
ed trees, and other bounds, and through the westerly 
partof Shepard's Pond, two hundred fifty-three chains 
and twenty. six links, to a long stone, with stones 
around, on a rocky hill ; thence north, twenty-six de- 
grees, thirty minutes east, five chains and three quar- 
ters, to a high rock, with stones on it ; thence north, 
four degrees, ten minutes east, seventy chains and 
three quarters, to a flat rock, on the north side of the 
way, leading from one of said towns to the other ; 
thence north, twenty-six degrees east, thirty eight 
chains, to Dedham Rock, (so called,) being the cor- 
ner of Walpole : the farm formerly owned by Thomas 
Brastow, to remain to the town of Wrentham, as ex- 
pressed in the act incorporating the town of Foxbo- 
rough. And wherever the line aforesaid, shall hap- 
pen to divide the land of any inhabitant of said towns Locations. 
of Wrentham and Foxborough, all sdid land shall be 
subject to taxation in that town in which the present 
owner dwells, so long as it remains the property of 
him or his heirs. 



76 PICKEREL. Feb, 3, 1819. 

Sec. 2. Be it further enacted, That so long as the 
farm, formerly owned by Thomas Brastow aforesaid, 
belongs to the town of Wrentham, said town shall 
Repairs of repair the road from Flat Rock, to the Turnpike ; 
and the town of Foxborough from thence by the widow 
Tolman's, to the Turnpike, near the house of Aaron 
Everett, Esquire ; and the town of Wrentham shall 
repair the Hopp Pole Road, (so called,) from the Turn- 
pike, by said Everett's house, till it comes to the place 
where it is discontinued by said town. 

[Approved by the Governor, February 3, 1819.] 



CHAP. XLV. 

An Act to prevent the destruction of Pickerel, in the 
Ponds and Streams within this Commonwealth. 

i5E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That from and after the 
passing of this act, it shall not be lawful for any per- 
son to take any of the fish, called pickerel, in any of 
the ponds, rivers or streams within this Common- 
wealth, with spears, in the night time, or by shooting 
them, at any time ; and every person offending, con- 
trary to the true intent of this act, upon conviction 
thereof, before any Justice of the Peace, shall pay a 
fine of fifty cents for each and every pickerel so taken, 
to and for the use of the person who shall sue for the 
same. 

[Approved by the Governor, February 3, 1819.] 



TAXES IN MARBLEHEAD. Feb. 4, 1819. 77 

CHAP. XLVI. 

An Act to change the name of the Canaan Academy. 

JjE it enacted by the Senate and House 
of Rpprei^entatives, in General Court assembled, and 
by the authority of the same. That the name of the 
academy, established in the town of Bloomfield, in 
the County of Somerset, by the name of the Canaan 
Academy, shall, from and after the passing of this 
act, be called and known by the name of Bloomfield 
Academy. 

[Approved by the Governor, February 3, 1819.] 



XLVII. 

An Act repealing an Act to regulate the Collection of 
Taxes in the town of Marblehead. 

jj R it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That an act passed on 
the nineteenth day of October, in the year of our Lord 
one thousand eight hundred and fourteen, entitled 
'^ \n act to regulate the collection of taxes in the town 
of Marblehead," be, and the same is hereby repealed ; 
Provided, however, that this uct shall not be construed 
so as to prevent the present Treasurer and Collector of 
said town, from completing the collection of all such 
taxes as are already committed to him to collect, by 
the Assessors of said town, in the same manner as 
though this act had not been passed. 

[Approved by the Governor, February % 1819.] 
11 



ys N. E. BANK.— A. KNIGHT, &c. Feb. % 1819. 



CHAP. XLVIII. 

All Act in addition to an act, entitled ** An act iocor- 
poratiug the President, Directors and Company of 
the New England Bank.'' 

JjE it enacted hy the Senate and House 
of JRepresentativeSf in General Court assembled, and 
by the authority of the same, That the President, Di- 
rectors and Company of the New England Bank, are 
hereby made capable in law, as a corporation, to have, 
hold, purchase, receive, possess, enjoy and retain, to 
them, their successors and assigns, lands, rents, tene- 
ments and hereditaments, to the amount of seventy 
thousand dollars, and no more, at any one time, with 
power to bargain, sell, and dispose oi the same. 

[Approved by the Governor, February 4, 1819.] 



CHAP. XLIX. 

An Act to annex Amos Knight and Ephraim Morse, 
with their families and estates, to the town of Fal- 
mouth. 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That Amos Knight and 
Ephraim Morse, with their polls, families and estates, 
be, and they are hereby set off from Westbrook, and 
annexed to Falmouth, in the County of Cumberland ; 
there to do duties and enjoy privileges, equally with 
the other inhabitants of the said town of Falmouth, 
as fully and completely, as though the said Knight 
and Morse, with their estates, had been originally in- 
cluded in said town : Provided, however, that the said 
Knight and Morse shall be holden to pay their pro- 
portion of all taxes, and of all monies granted by the 



BANK NO TES.—PAWTUCK. B. Feb. 9, 1819. 79 

said town of Westbrook, prior to the passing of this 
act, in the same manner, as they were before holden 
to pay to the same. 

[Approved by the Governor, February 4, 1819.] 



CHAP. L. 

An Act to amend an act, entitled ^^ An act concerning 
Plates for Printing Bank Notes." 

13 E 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 shall be lawful for Abraham Per- 
kins, owner of the stereotype plate used for printing 
bank bills, to keep possession of the said plate, and 
use the same, in the same manner as by law he might 
do, if the act aforesaid, of which this is an amendment, 
had not been passed. 

[Approved by the Governor, February 8, 1819.] 



CHAP. LI. 

An Act granting further time to the President, Direc. 
tors and Company of the Pawtucket Bank, to pay 
in the Fourth Instalment of their Capital Stock. 

15E it enacted by the Senate and House 
of Representatives J in General Court assembled, and 
by the authority of the same. That the fourth instal- 
ment of twenty-five dollars, on each share of the capi- 
tal stock of the Pawtucket Bank, in lieu of being paid 
in at the time by law now prescribed, may be paid in, 
at the discretion of the stockholders of said bank, at 



m SANDISFIELB. Feh, 8, 1819. 

any time within one year from the pasfsing of this act ; 
any thing in the several acts concerning said bank, to 
the contrary notwithstanding. 

[Approved by the Governor, February 9, 1819.] 



CHAP. LII. 

All Act to incorporate the Town of Sandisfield and 
District of Southfield into one Town. 

Sec. 1. JjE if evacfed by the Senate avd House 
of HepresentativeSf in General Court assembled^ and 
by the authority of the same. Thai from and after the 
tenth day of February, eighteen hundred and nine- 
teen, the town of Sandisfit^ld and district of houth- 
field, in the County of Berkshire, be, and they are 
hereby united into one town, by the name of vSandis- 
GondiUons. field, upou the following conditions, viz. ; First, the 
district of Southfield shall be annexed to and united 
with the town of Sandisfield, and shall become one 
town, for and to all intents and purp(»ses, on the tenth 
day of February, eiglsteeu hundred and nineteen ; and 
shall thenceforth exercise and enjoy all the benefits, 
privileges and immunities, and shall be liable to all 
the charges, burthens and expenses of a town, except 
as is hereafter excepted. Second, the town of Sandis- 
field shall fulfil all its contracts, pay all debts and ex- 
penses which are or may be made, or may accrue, 
before the first Monday of March next, and shall pay 
the expense and charges of all suits at law, which 
now are .or may be commenced by said town, or 
against it, before the said first Monday of March next. 
1'hird, the district of Southfield shall fulfil all con- 
tracts, and pay all debts and expenses of said district, 
which are now or may be made, or which may accrue, 
before the said first Monday of March next, and shall 
pay the expense of all suits at law, which are or may 
be commenced by or against said district, before the 
said first day of March next. Fourth, the district of 



SANDISFIELD. Feb. 8, 1819. 81 

Soutlifield may use, sell, or in any way dispose of their 
law library, weights, scales, beams and measures, for 
their own use and benefit. Fifth, the District of 
Southfield shall raise and pay over to the town of 
Sandisfield, to be added to the school fund of said. 
Sandisfield, a sum of money which shall be in the 
same proportion to the said school fund, as the pro- 
perty and polls of said district shall bear to the pro- 
perty and polls of said Sandisfield ; and the district 
of Soulhfield shall pay the lawful interest on the sum 
so raised, from the fifteenth day of October, eighteen • 

hundred and seventeen, to the fifteenth day of October, 
one thousand eight hundred and eighteen. Sixth, the 
district of Southfield shall raise and pay over to the 
town of Sandisfield, one further sum of seven dollars 
and fifty cents. Seventh, the district of Southfield 
shall deposit in the magazine of Sandisfield their mili- 
tary stock and camp equipage, which shall be equal 
to the military stock and camp equipage of the town 
of Sandisfield, in proportion to the number of militia^, 
in the said district. 

Sec. 2. Be it further enacted, That the present 
Selectmen of the town of Sandisfield be, and they 
are hereby authorized and empowered to issue their 
warrant in the month of February current, directed to 
the Constables of the town of Sandisfield, requiring 
them to notify and warn a meeting of tiie inhabitants Town meeting. 
of the town of Sandisfield, seven days at least before 
the first Monday of March next, to meet and assemble 
on the said first Monday of March next, at such place 
in said town, as the said Selectmen shall appoint, for 
the purpose of choosing town officers, and doing suclr 
other business as shall be expressed in the said 
warrant. 

[Approved by the Governor, February 8, 1819.] 



porated. 



83 BAPTIST SOCIETY. Feb, 8, 1819. 

CHAP. LIII. 

An Act to incorporate the First Baptist Society in the 
town of Longmeadow. 

Sec. 1. OE i^ enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Gideon Gardner, 
* Abiel Pease, Theophilus Sweetland, Thaddeus Bil- 

lings, Thaddeus Billings, Junior, Levi Billings, Dan- 
iel Billings, Ephraim Hunn, Junior, Joseph Scott, 
Persons incor- Libni Hall, Amos Holl, Loring Lathrop, Abner Lard, 
Burgess Salisbury, Jared Goodrich, Abner ^Salisbury, 
Nathaniel Goodrich, AlvinlSall, Daniel Porter, Dan- 
iel Porter, Junior, Luther Markham, WilUam VV^al- 
lace, Abiel Hancock, Azariah Hancock, Ziba Crane, 
Daniel Austin. Levi Cadwell, Henry C. Fuller, Abel 
Pease, Hubbard Gardner, TSiathaniel Waterhouse, 
Gideon Hunn, Isaac Pease, Seth Kibbe. NathanieL 
Waterhouse. Junior, Israel .\larkham, David Hunn, 
Oliver Dwight, Andrew Mcintosh, Robert Mcintosh, 
Hezekiah Crane, Ebenezer McGregory, Ebenezer 
McGregory, Junicn', Joseph McGregory, Josiah Blod- 
get, Samuel Billings, Jacob Hills. Jacob Hills, Junior, 
Bishop Hills, Calvin Pease, Samuel Morgan, Junior, 
Samuel Morgan, Shubael Pease, and Jeremiah Brown, 
with their families and estates, together with such 
others, being inhabitants of said Longmeadow, as may 
associate with them hereafter, for the same purpose, in 
the manner hereinafter described, be, and they are 
hereby incorporated into a religious society, by the 
name of the First Baptist Society in the town of Long- 
meadow ; with all the powers, privileges and immu- 
nities, to which other parishes are entitled by the con- 
stitution and laws of this Commonwealth, for religious 
purposes only. 

Sec. 2. Be it further enacted, That any person 
in said town of Longmeadow, being of the Baptist 
denomination, who may, at any time hereafter, actu- 
ally become a member of, and unite in religious wor- 
ship with the society aforesaid, and give in his or her 



BAPTIST SOCIETY. Feb. 8, 1819. 83 

name to the Clerk of the town or parish, to which he 
01' she belongs, with a certifieate sigiiefl by the Minis- Qnniificafion 
ter or Clerk of said society, that he or she has actually °'' 
becotne a member of, and united in religious worship 
with the aforesaid Kaptist Society in Longmeadow, 
fourteen days previous to tlie town or parish meetings, 
to be held in the months of March or April annually, 
shj.U, from and after giving such certificate, with his 
or her polls and estate, be considered as part of said 
society : Provided, however, that such person shall be 
holden to pay their proportion of all money assessed 
in the town or parish, to which he or she belonged 
previous to that time. 

Sec. S. Be it further enacted^ That if any member 
of said society shall, at any time, see cause to leave the 
same, and unite in religious worship with the parish in Tems of se- 
which he or she may reside, and shall lodge a certifi. '^'^^^'""* 
cate of such his or her intentions with the Clerk or 
Minister of said Baptist Society, and also with the 
Clerk of the town or parish in which he or she may 
reside, fourteen days at least, before the annual town or 
parisii meeting, to be held therein, in the month of 
March or April annually ; and shall pay his or her 
proportion of all money assessed on said society pre- 
vious thereto, such person shall, from and after giving 
such certificate, with his or her polls and estate, be 
considered as belonging to the town or parish in which 
he or she may reside, in the same manner as if he or 
she had never belonged to said Baptist Society. 

Sec, 4. Be it further en acted ^ That any Justice of 
the Peace within the County of Hampden be, and he is 
hert-by authorized, on application therefor, to issue a 
warrant, directed to some suitable member of said 
Baptist Society, requiring him to notify and warn the First meeting. 
members thereof, to meet at such time and place as 
shall be appointed in said warrant, to choose such 
oflRcers as parishes in this Commonwealth are by law 
authorized to choose in the month of March or April, 
annually. 

[Approved by the Governor, February 8, 1819.] 



8i< 



ANDROSCOG. RIV. BRIDGE. Feb, 8, 1819. 



CHAP. LIV. 

An Act incorporating certain persons for the purpose 
of building a Bridge over Androscoggin River^ in 
the town of Rumford. 



Persons i 
lioratfed. 



General Pow 
ers. 



Sec. 1. 13 Ft it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Daniel Martin, 
Ezra Smith, Francis Cushman, David Burbank, Lu- 
ther Bean, Nathaniel Rolf, Kimbal Martin, Joel How^ 
and Peter C. Virgin, together vv^ith such others as may 
hereafter associate with the^n, and their successors and 
assigns, shall be a corporation, by the name of the 
Proprietors of Rumford Bridge ; and by that name, 
may sue and be sued, to final judgment and execution, 
and may do and suffer all such matters, acts and things, 
which bodies politic may and ought to do and suffer ; 
and the said Corporation shall have full power and 
authority to make, have and use a common seal, 
and the same to break, alter and renew at pleasure 
and the«!aid corporation shall be, and they are hereby 
authorized to erect a bridge over Androscoggin River, 
in Rumford, between the mouth of Ellis' River and 
Kimball's Ferry ; and the said bridge shall be well 
built of good materials, not less than twenty-four 
feet wide, and well covered with plank or timber, 
with sufficient rails ou each side, for the safety of 
passengers. 

Sec. :3. Be it further enacted, That any three of 
the persons before named, may call the first meeting of 
the said proprietors, by posting up notifications in two 
First meeting, or uiorc pubUc placcs iu the town of Rumford, and in 
two adjoining towns, fourteen days prior to the time 
appointed for such meeting ; and the said proprietors, 
by a vote of a majority of those present, accounting andj 
allowing one vote to each share, provided, no person, 
either by his own right or by proxy, shall be entitled 
to more than ten votes, shall choose a Clerk, who shall 
be sworn to the faithful discharge of the duties of hiis 
office ; also may, at the same time, or at any subse- 



ANDROSCOG. RIV. BRIDGE. Feb. 8, 1819. 85 

quent meeting, choose such other officers as may be 
found necessary for managinii; the business of said 
corporation, and shall agree on the method of calling 
future meetings ; and may make and establish such 
rules and regulations as shall be deemed convenient 
and necessary for regulating said corporation, for 
effecting and 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 breacli of any of 
them, may order and enjoin fines and penalties nut ex- 
ceeding twenty dollars ; provided, that said rules and 
regulations be not repugnant to the laws and constitu- 
tion of this Commonwealth. 

Sec. 3. Be it further enacted, That a toll be, and 
hereby is granted and established, for the use and 
benefit of said corporation, according to the rates fol- 
lowing, viz. : for each passenger, or one person passing 
said bridge on foot, two cents; one person and aKutesoftoii. 
horse, six cents ; a single horse cart, sled or sleigh, 
eight cents ; each wheelbarrow, hand cart, and every 
other vehicle capable of carrying a like weight three 
cents ; each team, including cart, sled or sleigh, 
drawn by more than one beast, and not exceeding 
four, sixteen cents ; and for every additional beast 
above four, two cents ; each single horse and chaise^ 
chair or sulkey, eighteen cents ; each coach, chariot, 
phaeton and curricle, thirty-seven cents ; neat cattle 
and horses, exclusive of those rode on, or in carriages, 
or in teams, three cents ; each sheep and swine, one 
cent ; and the same toll shall be paid for all carriages 
passing said bridge, whether the same be loaded or 
not ; and to each team one man, and no more shall 
be allowed as a driver, to pass free from payment of 
toll ; and at all times, when the toll gatherer shall not ^ 

attend his duty at said bridge, the gate or gates shall 
be open. And the said toll shall commence on the 
day of the first opening of said bridge for passengers, 
and shall continue for and during the term of fifty Dmadon of 
years from the said day, and be collected, as shall be*"''^''*^'- 
prescribed by said corporation ; provided^ the said 
proprietors shall, at all times, keep said bridge in good 
repair, and at the end of the said terra, deliver the 
12 



86 MINIS. AND SCHOOL LANDS. Feb. 8, 1819. 

same to the Commonwealth, for their use : Provided 
also, that at the place where the toll shall be collected, 
there shall be continually kept on a board or sign, ex- 
posed to open view, the rates of toll in legible letters. 
Sec. 4. Be it further enacted, That if the said 
Conditions. corporatiou shall neglect or refuse, for the space of 
three years from the passing of this act, to build and 
complete said bridge, then this act shall be void and 
of no effect. 

Sec. 5. Be it further enacted, That all persons, 
with their carriages and horses, passing to and from 
Exemption of their usual places of public worship, and all persons 
*"'*■ passing to and from funerals, and all persons when 

called out on military duty, be, and hereby are ex- 
empted from paying the toll required by this act. 
Sec 6. Be it further enacted, That, at the expira- 
Toiis subjected tion of fifteen years from the opening of said bridge, 
to alteration, ^j^^ General Court may regulate anew the rates of toll 
receivable thereat. 

[Approved by the Governor, February 8^ 1819.] 



CHAP. LV. 

An Act to authorize the sale of the Ministerial and 
School Lands in the town of liumford. 



Sec. 1. JDE it enacted by the Senate and House 
of ReiJresentatives, in General Court assembled, and 
by the authority of the same. That Francis Keyes, 
jrustees. William Wheeler, Nathan Adams, Joshua Graham, 
Daniel Knight, Hezekiah Hutchins, and Peter C. 
Virgin, be, and they hereby are appointed Trustees to 
sell all the ministerial and school lands, in the town of 
Kumford, in the County of Oxford, and the monies 
arising from the sale of said lauds, to put out at inter- 
est in the manner hereafter directed ; and the said 
Trustees are hereby made a body politic and corporate, 
by the name of the Trustees of the Congregational, 



MINIS. AND SCHOOL LANDS. Feb. 8, 1819. 87 

Ministerial and School Funds of the town of Rum- 
ford ; and they and their successors in that office, 
shall have and use a common seal, and by the name General pow- 
aforesaid, may sue and be sued in all actions, real, ^^"^^ 
personal and mixed, and prosecute and defend the 
same to final judgment and execution ; and shall ex- 
ercise all the powers and privileges incident to simi- 
lar corporations. 

Sec. 2. Be it further enacted^ That the said Trus- 
tees and their successors in office, shall annually elect 
a President and a Clerk, to record the doinsrs of said ^''^•^^'O" of o^'- 
Trustees, and a Treasurer to receive and apply the 
monies belonging to the said funds, as is directed in 
this act ; also any other needful officers or agents 
for the better managing their business ; and all such 
elections shall be by written votes. 

Sec, 3. Be it further enacted, That the number of 
said Trustees shall never exceed seven, nor be less 
than five, any four of whom, may be a quorum for doing 
business : and they shall have power, from time to 
time, to fill up all vacancies in their number, from the Vacancies to 
inhabitants of said town ; and they shall also have ^'^ ^'"'"'^ "^' 
power to remove any one of their number, who by 
reason of age, infirmity, misconduct, or any other 
cause, may become unable or unfit to discharge his 
duty, and supply any vacancy so occasioned, by a new 
choice from the inhabitants of said town ; and each 
of the said Trustees shall be responsible to the said 
town of Rumford for their personal misconduct or 
neglect, whether they be officers or not, and liable toomcersmav 
prosecution for any loss or damage to the said funds, ^'^i""^'^*^^'''^'' 
arising thereby ; and the debt or damage recovered in 
such suit, shall be considered as belonging to said 
funds, and applied accordingly ; and the said Trus- 
tees shall hold a meeting, annually, in March, and ** 
as often as the aifairs of said funds may require; which 
meetings shall be notified and called in such way and 
manner, as the saidTrustees at any meeting, may order 
and direct ; and the Treasurer of said funds shall give 
bonds to the acceptance of said Trustees, for the faith- 
ful performance of his duty ; and the Clerk shall be 
sworn to the faithful discharge of his trust. 

Sec. 4). Be it further enacted, That the said Trus- 



88 MINIS. AND SCHOOL FUNDS. Feb. 8, 18ig, 

tees are hereby authorized to sell aiul convey all the 
ministerial and school lands in the said town of Rum- 
Tnisteesmay ford, whlch wcre Tescrved in its grant and location, 
sell lanus, ^^^^ ^^ make, execute, acknowledge and deliver a good 
and sufficient deed or deeds thereof ; which deed or 
deeds, subscribed by the Treasurer and countersigned 
by the Clerk, with the seal of the said Trustees affixed, 
shall be good and eft'ectual in law to convey the fee 
simple from said town to the purchaser ; and all the 
monies arising from the sale of the ministerial and 
school lauds in the said towu of Ilumford, shall be 
put to use, as soon as may be, and secured by mort- 
gage on real estate, to double the value of the property 
sold, or money loaned, or by two or more sureties 
with the principal ; unless the said Trustees shall 
think it more expedient to invest the same in public 
funded securities, or bank stock, which they may do 
at their discretion. 

Ss c. 5. Be it further enacted, That it shall be the 
duty of the said Trustees to keep distinct accounts of 
the monies accruing from the sale of the said school 
lands, from those of the ministerial lands, and of the 
interest arising therefrom, respectively ; which ac- 
counts they and their successors in office shall exhibit 
to tlie town, at their annual meeting for the choice of 
Town Officers. And the said Trustees and others, wiio 
may by them be employed in the business of the 
said funds, shall receive no compensation from the 
payofTtus- mouics of the said funds ; but a reasonable compensa- 
tion may be made them by the town, at their discre- 
tion ; and the interest accruing on the monies, coming 
from the sale of the said ministerial lands, shall be 
uniformly applied *i»id appropriated for the support of 
a Congregational Minister in said town of Rumford. 
And the interest accruing on the monies, coming from 
the sale of the said school lands, shall be appropriated 
and uniformly applied for the support of instruction in 
the public free schools in the said town of Ruraford : 
And it never shall be in the power of said town, to 
alienate or alter the appropriation of the said funds, 
provided in this act. 

Sfc. 6. Be it further enacted, That any Justice of 
the Peace for the County of Oxford, upon application 



U-es. 



BAPTIST SOCIETY. Feb. 8, 1819. 89 

therefor, is hereby authorized to issue a warrant, di- 
rected to one of the Trustees before named, requiring Fi'st meeting, 
him to notify and call the first meeting of the said 
Trustees, at such convenient time and place, as shall 
be appointed in the said warrant, to organize the said 
corporation, by the election and appointment of its 
officers'. 

[Approved by the Governor, February 8, 1819.] 



CHAP. LVI. 

An Act to incorporate the Baptist Church in Cam- 
bridge. 

Sec. 1. JoE it enacted hij the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That William Brown, Elijah 
Cory, Timothy Cory, Josiah Coolidge, David Cool- Persons incor- 
idge, Levi Farwell, David Hichards Crriggs, Thomas i-"™'*''^* 
Griggs, Stephen Griggs, John Greenleaf, James Ho- 
vey, Ebenezer Hovey, William Hovey, Samuel Han- 
cock, Bela Jacobs, Calvin Morse, Simon G. Shipley, 
Cornelius Stone, Nathaniel Stone, Daniel Stone, 
Ellis Prentiss, Nathan Palmer, and Abijah Stone, 
Junior, with their polls and estates, together with such 
others as may hereafter associate with them, and their 
successors, be, and they are hereby incorporated as a 
religious society, by the name of the Baptist Church 
in Cambridge, with all the powers and privileges, and 
subject to all the duties of other religious societies, 
according to the constitution and laws of this Com- 
monwealih. 

Sec. 2. Be it further enacted, That the members 
of the said society, shall annually, in the month of 
March, at a legal meeting, duly warned for that pur- 
pose, choose nine persons, to be Trustees of the funds ivustees. 
of the said society, six of whom, at least, shall be mem- 
bers of the said church ; and the said Trustees shall 
hold their office for one year, and until others shall be 
chosen in their stead. 



90 



BAPTIST SOCIETY. 



Feb. 8, 1819. 



Vacancies to 
be filled. 



General pow- 
ers. 



IVivilesres. 



Sec. 3. Be it further enacted, That whenever any 
vacancy shall happen in the Board of Trustees of 
the said society, by death, resignation, removal, or 
otherwise, the members of the said church, at any 
meeting legally warned, shall be authorized to fill 
such vacancy within one month after it shall happen ; 
and if the members of said church shall neglect so to 
do, the remaining Trustees, by a major vote, shall 
have power to fill such vacancy, ^ 

Sec. 4. Be it further enacted, That the Trustees 
wiio may, from time to time, be chosen, according to the 
provisions of this act, be, and they hereby are vested 
with power, by the name of the Trustees of the Funds 
of the Baptist Church in Cambridge, to demand, sue 
for, recover, receive, and manage, all property, wheth- 
er real, personal, or mixed, which now does or hera- 
after may constitute the funds of the said church, or 
any part thereof, and all securities for, and evidences 
of such property, and to receive and manage for the 
use and benefit of the said church, all subscriptions, 
donations, grants, bequests, devises, and appropria- 
tions, that may be made to the said church ; and shall 
apply the proceeds and income thereof, to the use of 
the ministry in said church, or to repair, alter, or en- 
large the meeting-house, as they shall, from time to 
time, be directed by the said church : Provided^ that 
the annual income of the said funds shall not, at any 
time, exceed four thousand dollars 

Sec. 5. Be it further enacted. That the said Trus- 
tees may assemble and meet as often as they may 
think necessary, for the discharge of their trust ; any 
six of whom, shall constitute a board for doing busi- 
ness ; but the concurrence of four, at least, shall be re- 
quisite to every act and procedure whatever ; they 
shall determine the manner of calling their meetings ; 
they shall appoint a Treasurer and Clerk, and other 
needful officers and committees; they may make rules 
and by-laws for the government of themselves and their 
officers, and annex penalties for the breach thereof, 
not repugnant to the laws of this Commonwealth ; 
they may have a common seal, and change the same 
at pleasure ; they may alienate by deed or deeds, any 
real estate, the title whereof may be vested in them by 



BAPTIST SOCIETY. Feb, 8, 1819. 91 

way of mortgage, execution, or operation of law ; and 
all instruments signed by the Clerk and Treasurer, 
in conformity with a vote of said Trustees, and sealed 
with their seal, duly acknowledged, shall be good and 
valid. 

Sec. 6. Be it further enacted^ That the Clerk of 
the Trustees aforesaid, shall be sworn to the faithful 
discharge of the duties of his oflRce ; shall have the oncers, and 
care and custody of all papers and documents, ex- 
cepting bonds, notes, mortgages, and other securities 
for debts belonging to the Trustees ; shall record all 
their votes and proceedings in a book to be kept for 
that purpose ; shall make and certify copies of the 
same, when thereunto required ; shall call meetings 
of said Trustees, when he may think it necessary, or 
when thereto directed to by said Trustees ; and do 
whatever else may be incident to his office. 

Sec. 7' ^e it further enacted, That the Treasurer 
of the Trustrees aforesaid, shall have the care and 
custody of all bonds, notes, mortgages, and other se- 
curities for and evidences of debts due to the Trus- 
tees ; and shall give bond to the Trustees and their Accountability. 
successors, with sufficient sureties, to be approved by 
theui, in such penal sum as they shall require, not less 
than double the amount of the fund which they may- 
then possess in their said capacity, with condition to 
do and perform all the duties incumbent on him as 
Treasurer; and he shall render an account of his do- 
ings, and of the state of the said fund, whenever lie 
shall be thereto required by the Trustees. 

Sec. 8. Be it it further enacted, That it shall be 
the duty of the said Trustees to use, manage, and im- 
prove such fund or estate, as shall be vested in them 
by virtue of this act, with care and vigilance, so as 
best to answer and promote the design and v»^ill of the 
respective donors ; and the said Trustees shall be ac- 
countable to the Baptist Church in Cambridge afore- 
said, for negligence or misconduct, in the management 
or disposition thereof, whereby the same may be im- 
paired or suffer diminution ; and the Baptist Church 
aforesaid may have and maintain a special action of Special acUons. 
the case against any member or members of the Boai'd 
of Trustees aforesaid, who may be guilty of any sucli 



9S GLOUCESTER FISHING COMP. Ve}). 8, 1819. 

negligence or misconduct, jointly or severally, and 
recover adequate damages therefor ; and any sum so 
recovered, shall be appropriated to increase said fund, 
and paid to the Treasurer accordingly. 

Sec. 9. Be it further enacted, That the aforesaid 
William Brown, David Coolidge, and licvi Farvv^ell, 
Fhst meeting, or any two of them, are hereby authorized and direct- 
ed to notify and warn the first meeting of the Bap- 
tist Church in Cambridge aforesaid, which shall ba 
held on the second Monday of March next. 

[Approved by the Governor, February 8, 1819.] 



CHAP. LYII. 



Persons incor 
pwatecl. 



An Act to incorporate the Gloucester Fishing Com- 
pany, in the town of Gloucester. 

Sec. 1. JjE it enacted hj the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That William Pearce, 
William Saville, Benjamin K. Hough, Israel Trask, 
William Babson, Junior, Zachariah Stevens, William 
Pearce,Junior,WilliamW. Parrot.and Hamuel Pearce, 
all of Gloucester, and their associates, successors and 
assigns, be, and they hereby are constituted a body 
corporate and politic, by the name of the Gloucester 
Fishing Company ; and the said corporation, by the 
same name, are hereby declared and made capable 
in law to sue and be sued, to plead and be impleaded, 
to have a common seal, and the same 'O alter and re- 
new at pleasure ; to make rules and by-laws for the 
regulation and management of the concerns of said 
company, consistent with the laws of this Common- 
wealth, and of the United States. 

Sec. 2. He it further enacted. That the capital^ 
Capital stock, stock of Said company, shall consist of twenty-five 
thousand dollars, in shares of one hundred dollars 
each, with liberty to extend their capital to fifty thou- 
sand dollars. The amount subscribed and paid shall 



GLOUCESTER FISHING COMP. Feb. 8, 1819, 93 

be invested in vessels and materials necessary to car- 
ry on the cod and other fisheries ; fifteen per centum 
of which, may be invested in real estate necessary to 
make and cure their fish, and for the accommodation 
of their vessels ; provided, however ^ that no authority Proviso. 
shall be had by virtue of this act, until the sum of 
twenty-five thousand dollars aforesaid, shall have been 
actually paid. 

Sec. 3. Be it further enacted, That the aifairs of 
said company shall be managed by five Directors, to Officers. 
be chosen by the stockholders, on the fii'st Monday 
of January annually ; and the Directors so chosen, 
shall have liberty to appoint an agent to superintend 
the affairs of said company ; and all purchases made 
and engagements entered into by the said agent, when 
sanctioned by the Directors aforesaid, shall be bind- 
ing on said company. At all meetings of the stock- 
holders for the choice of Directors or for other purposes, 
the number of votes to which each stockholder shall 
be entitled, shall be according to the number of shares 
he shall hold in the following proportions ; that is to 
say, for one share, one vote ; and every two shares 
above one, shall give a right to one vote more ; pro- 
videdf no one member shall have more than ten votes ; 
and absent members may vote by proxy, being author- 
ized in writing. 

Sec. 4. Be it further enacted. That whenever in 
the opinion of the Directors of said company, it shall privileges. 
appear for their interest, any part of the vessels and 
stock of said company may be employed in commer- 
cial pursuits, connected with and arising out of those 
of fishing, conforming themselves to the laws of the 
United States and of this Commonwealth. 

Sec. 5. Be it further enacted, That no dividend 
shall be made by the company aforesaid, except of Dividends. 
their annual profits ; and in no instance shall a divi- 
dend be made to impair the capital stock actually 
paid in. 

Sec. 6. Be it further enacted, ThatWilliam Pearce, 
William Saville, and Benjamin K. Hough, be, and First meeting. 
they hereby are empowered, to call the first meeting 
for the choice of Directors, as soon as convenient, after 
passing of this act, by posting up notices at one or 



4i^ 



ACT REPEALED. 



Feb, 8, 181^» 



Limitation. 
Proviso. 



Real estate 
msy ha at- 
tached. 



more places within the town of Gloucester, at least 
seven days before said meeting. 

Sec. 7. Be it further enacted, That this act shall 
continue, and be in force for the term of twenty years. 
Provided, however, that whenever a majority shall 
agree thereto, the stock of said company may be di- 
vided, they first paying all debts, dues and demands, 
against them. 

Sec. 8. Ke it further enacted, That whenever any 
action shall be commenced against said corporation, 
or whenever any execution may issue against such 
x:orporation on any judgment rendered in any civil 
action, and the said corporation shall not, within four- 
teen days after demand thereof made upon the Presi- 
dent, Treasurer, or Clerk of such corporation, by the 
officer, to whom the writ or execution, against such 
corporation, has been committed to be served, shew to 
the same officer, sufficient real or personal estate to 
satisfy any judgment, that may be rendered upon such 
writ, or to satisfy and pay the creditor, the sums due 
upon such executions, then and upon such neglect and 
default, the officer to whom such writ and execution 
may have been committed for service, shall serve and 
levy the same writ or execution, upon the body or bo- 
dies, and real and personal estate or estates, of any 
member or members of such corporation. 

[Approved by the Governor, February 8, 1819.] 



CHAP. LVIII. 



An Act to repeal in part an act, entitled " An act in 
further addition to an act establishing a Law Term 
of the Supreme Judicial Court, to be holden within 
and for the Counties of Plymouth and Bristol." 

JnE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the second section 
of an act passed on the twelfth day of June, in the 



DOVER IRON COMPANY. Feb, 11, 1819. 95 

year of our Lord one thousand eight hundred and 
eighteen, entitled " An act in further addition to an 
act establishing a law term of the Supreme Judicial 
Court to be holden within and for the Counties of 
Plymouth and Bristol," be, and the same is hereby 
repealed. 

[Approved by the Governor, February 11, 1819.] 



CHAP. LIX. 

An Act establishing the Dover Iron Company. 

Sec. 1. JdE it enacted by the Senate and House 
of JRepresentativeSf in General Court assembled, and 
hy the authority of the same, That John H. Rice, 
Samuel Fisher, Junior, Timothy Allen, Junior, Freder- porS.'"'^' 
ick Barden, John Williams, Nathaniel Chickering, 
Joseph Clark, Daniel Adams, and Daniel Chickering, 
together with such other persons as have associated, 
or may hereafter associate with them, their successors 
and assigns, be, and they hereby are made a corpora- 
tion, by the name of the Dover Iron Company, for the 
purpose of rolling and slitting iron and manufacturing 
nails, and other modifications of iron, in the District 
of Dover, in the County of Norfolk ; and for this pur- 
pose shall have all the powers and privileges, and be 
subject to all the duties and requirements, contained in 
an act passed in the year of our Lord one thousand 
eight hundred and nine, entitled '^ An act defining 
the general powers and duties of manufacturing cor- 
porations." 

Sec. S. Be it further enacted, That the said Cor- 
poration may be lawfully seized of such real estate, '^^^''^^'i^'^*' 
not exceeding the value of fifty thousand dollars, and 
such personal estate, not exceeding; sixty thousand 
dollars, as shall be necessary and convenient for es- 
tablishing and carrying on the manufactories afore- 
said. 

[Approved by the Grovernor, February 11, 1819.] 



96 GUARDIANS TO MINORS. Feb, 11, 1810, 

CHAP. LX. 

All Act iu addition to an act, entitled ^^ An act em- 
powering the Judges of Probate to appoint Guar- 
dians to Minors and others.'' 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That whenever the Be- 
lectmen of any town, or a m ijor part of them, shall 
make application to the Judge of Probate for the ap- 
pointment of a Guardian to any person, who, by exces- 
sive drinking, gaming, idleness, or debauchery, is 
wasting his estate, agreeable to the provisions of the 
act passed on the tenth day of March, in the year of 
our Lord one thousand seven hundred and eighty- 
four, entitled " An act empowering the Judges of 
Probate to appoint Guardians to minors and others ;" 
and the Judge of Probate shall, by his decree, order 
notice to the person complained against, the complain- 
ants may file a copy of their said complaint, with the 
order of the Judge of Probate thereon, in the office of 
the Register of Deeds for the same county : And in 
case a Guardian shall be appointed by the Judge of 
Probate, to the person complained against, all and 
every gift, bargain, sale or transfer of any real or per- 
sonal estate, made by such person or persons, after 
the filing of the copy of said complaint and order of 
the Judge of Probate with the Register of Deeds, shall 
be void and of no effect. 

[Approved by the Governor, February 11, 1819.] 



CHAP. LXI. 

An Act in addition to an act, entitled ^^ An act to in- 
corporate the China Academy.'^ 

Sec. 1. -DE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the following per- 



J 



CON. SOC. NAME CHANGED. Pel. 11, 1819. 97 



sons be, and they are hereby appointed Trustees of the 
China Academy, in addition to the present Board, viz. 
Reverend Jeremiah Chaplin, Honorable Thomas Rite, po^rated.'"*^ 
Samuel Bedlington, Philip Leach, William Sibley, 
Jonathan Winslow, Thomas Eastman, and Japheth 
C. Washburn, Esquires. 

Sec. 2. Be it further enacted, That the number of 
Trustees of said Academy, shall never be more than 
fifteen, nor less than five, any thing in the act to which Numherof 
this is in addition, to the contrary notwithstanding ; 
and any five of said Trustees shall constitute a quo- 
rum for transacting business. 

[Approved by the Governor, February 11, 1819.] 



CHAP. LXII. 

An Act for changing the name of the Second Congre- 
gational Society in Charlestown. 

JjE it enacted bij the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That from and after the 
passing of this act, the name of the Second Congrega- 
tional Society in Charlestown, shall be changed, and 
the said society shall be known and called by the 
name of the New Church in Charlestown ; any thing 
in the act incorporating said society, to the contrary 
notwithstanding. 

[Approved by the Governor, February 11, 1819.] 



98 TOW BOATS ON CON. RIV. Feb, 11, 1819. 

CHAP. LXIII. 

All Act to set off Lehbiiis Simmons and others, from 
Twenty Five Mile Pond Plantation, in the County 
of Kennebeck, and annex them to the town of Joy. 

Sec. 1. 15 E it enacted by the Senate and House- 
of Representatives, in General Court assembled, and 
by the authority of the same^ That Lebbius Simmons, 
John Conner, Lebbius Simmons, Junior, and Andrew 

l>ersonsset off. Bennett, with their polls and estates, be, and they are 
hereby set off from Twenty Five Mile Pond Planta- 
tion, and annexed to the town of Joy, in the County 
of Kennebeck, as follows, viz. : Beginning on the 
north line of the town of Unity, on the east side of 
Twenty Five Mile Pond, thence by the easterly shore 
of said Pond to the north-west corner of the lot of 

Boundaries, j^ud that Andrcw Bennett now lives upon ; thence 
easterly on the north line of said lot to the west line 
of said town of Joy ; thence south on said west line of 
Joy, to said north line of Unity ; thence west-north- 
west to the bound first mentioned. 

Sec. 2. Be it further enacted, That the said Leb- 
bius Simmons, John Conner, Lebbius Simmons, Junior, 
and Andrew Bennett, shall be holden to pay all taxes 
already assessed upon them by said plantation. 

[Approved by the Governor, February 11, 1819.] 



CHAP. LXIV. 

An Act in addition to an act, entitled " An act grant- 
ing to John L. Sullivan, a term of time for the use 
of his Patent Steam Tow Boats on Connecticut 
River, within this Commonwealth." 

Joe it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the proviso in the 
act, passed on the seventh day of February, in the 



LICENSED HOUSES. Feb. 1% 1819. 99 

year of our Lord one thousand eight hundred and fif- 
teen, entitled *^ An act granting to John L. Sullivan 
a term of time for the use of his Patent Steam Tow 
Boats on Connecticut River, within this Common- 
wealth," be, and the same is hereby extended to a 
further period of two years. 

[Approved by the Governor, February 11, 1819.] 



CHAP. LXV. 

An Act in addition to an act, entitled '^ An act for the 
due regulation of Licensed Houses." 

Sec. 1. JjE zf enacted by the Senate and House 
of HepresentativeSf in General Court assembled, and 
by the authority of the same, That whenever the Se- 
lectmen of any town shall have posted up in their 
town, the names of any common drunkards, common .iruSrds aoji 
tiplers, or common gamesters, or whenever they shall §^''™"*^'^ 
have forbid licensed persons from selling to any mis- 
spenders of their time and estate, any spirituous or 
strong liquors, agreeable to the directions of the act, 
passed on the twenty-eighth day of February, in the 
year of our Lord one thousand seven hundred and 
eighty- seven, entitled '* An act for the due regulation 
of licensed houses," it shall not be lawful for any 
person to purchase or procure, for and in behalf of 
such prohibited person, or for his use, any spirituous 
or strong liquors : And if any person or persons shall 
purchase, procure or sell, or shall cause to be pur- 
chased, procured or sold, any spirituous or strong li- 
quors to, or for the use of any such prohibited person, 
during the continuance of such prohibition, as afore- 
said, he shall forfeit and pay the sum of ten dollars, to penalties, 
be recovered by complaint to any Justice of the Peace 
within the same county ; one moiety thereof to the use 
of the complainant, and the other moiety to the use of 
the poor of the town. 

Sec. 2. Be it further enacted, Tiiat any taverner, 



100 ATKINSON. Feb. 12, 1819. 

iuiiholder, victQalleu, or retailer, who shall suffer any 
minor, tipler, common drunkard, or gambler, to re- 
main in his or her house, store, or any other apart- 
ment, or shall furnish them with strong liquors of any 
kind, and shall be thereof convicted, shall forfeit and 
Fioes. pay a fine of ten dollars, for every such offence, to be 

recovered in form and manner as is provided in the 
act to which this is in addition; and shall also forfeit 
his or her license, not to be renewed again for three 
years ; any law to the contrary notwithstanding. 

[Approved by the Governor, February IS, 1819.] 



CHAP. LXVI. 

An Act to establish the Town of Atkinson. 

Sec. 1. OE it enacted by the Senate and House 
of Representatives f in General Court assembled, and 
by the authority of the same. That the Plantation, or 
Township, numbered Two, in the sixth range of Town- 
ships north of the Waldo Patent, in the County of 

BauHuaiici Penobscot, as contained within the following bounds, 
with the inhabitants thereon, be, and hereby is incor- 
porated and established as a town, by the name of 
Atkinson, viz. : North by a line drawn on the middle 
of the river Paskataquis ; east by Township, number- 
ed One, in the same range, (not incorporated ;) south by 
the town of New Charlestown ; west by the Township, 
numbered Three, (unincorporated,) in the same range : 
And the said town of Atkinson is hereby vested with 

General pow. all the corporatc powers and privileges, and shall also 
be subject to all the duties and requisitions of other 
corporate towns, according to the constitution and 
laws of this Commonwealth. 

Sec 2. Be it further enacted, That any Justice of 
the Peace for the County of Penobscot, is hereby em- 
powered, upon application therefor, to issue a war- 
rant, directed to a freehold inhabitant of the said 

lown jncciiug. town of Atkiusou, to notify and warn the qualified 
freeholders therein, to meet at such convenient time 



ers 



KNOX INCORPORATED. Feb. 12, 1819. 101 

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

[Approved by the Governor, February 13, 1819.] 



CHAP. LXVIT. 

An Act to incorporate the Town of Knox. 

Sec. 1. xSe it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Plantation, 
heretofore called Knox, in the County of Hancock, as 
contained within the following described boundaries, 
be, and hereby is established as a town, by the name Boundaries. 
of Knox ; that is to say, bounded upon the north by 
the town of Thorndike ; upon the east by the 
town of Brooks ; upon the south by the town of 
Iklmont; and upon the west by the County of Ken- 
nebeck. And the said town of Knox, is hereby vest- 
ed with all the corporate powers and privileges, and Corporate pow- 
shall also be subject to all the duties and requisitions^'" 
of other corporate towns, according to the constitution 
and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace for the County of Hancock be, and he is 
hereby empowered, on application therefor, to issue a 
warrant, directed to a freehold inhabitant of said First meeting, 
town of Knox, requiring him to notify and warn the 
freeholders and other inhabitants thereof, to meet at 
such convenient time and place, as shall be appointed 
in the said warrant, for the choice of such officers as 
towns are by law empowered and required to choose 
at their annual town meetings. 

[Approved by the Governor, February 13, 1819.] 



102 



WALDOBORO^ FISHERIES. Feb. 13, 1819. 



CHAP. LXVIIL 



An Act to regulate the Fisheries in the town of Wal- 
doborough. 



Officers to be 
■chosen. 



Sluices (o be 
ke[)i op«n. 



Sec. 1. 15 E it enacted hj the Senate and House 
of" Representatives^ in General Court assembled^ and 
by the authority of tlie same, That it shall he lawful for 
the town of Waldohoroughj at their annual meeting for 
the choice of town officers, to choose five or more per- 
sons, being freeholders in said town, a committee to exe- 
cute the provisions of this act; and each person, so cho- 
sen, sliall be sworn to the faithful discharge of his duty. 
And the said committee, or a major part of them, are 
hereby empowered to open, and cause to be kept open, 
a passage or sluice way for the alewives, shad and 
salmon, and other fish, to pass up all the rivers and 
streams within said town, through any mill dam which 
now is or may hereafter be erected within said town, 
and to remove all other obstructions, found within said 
rivers and streams ; and, to effect these purposes, the 
said committee shall have power, by themselves, or 
others by them employed, to enter upon any land 
>vithin said town, without being trespassers ; and the 
said sluice way shall be of sufficient depth and width 
for a passage for the said fish, and shall be kept open, 
from the first day of May to the first day of July, in 
Duties of Com- each year: and a major part of said committee are 
hereby empowered to determine the times when, and 
the places where, and the manner in which the said 
fish may be taken ; and shall notify the inhabitants 
thereof, by posting notifications in three public places 
in said town, seven days at least before the first day of 
May, in each year ; and if any person or persons shall 
molest or hinder the said committee, or either of them, 
or others, by them employed, in executing his or their 
duty in said office, or in any way obstruct the said 
passage or sluice Avay, ordered and allowed by the 
said committee, or a majority of them, each and every 
person, so offending, shall, for each and every offence, 
forfeit and pay ten dollars^ to be recovered by action 



Penalties. 



BAPTIST SOCIETY. Feh. IS, 1819. 103 

of (lebtj in the name of the said town, before airy Court 
proper lo try the same ; and the monies so forfeited 
and paid, shall be, one half to the use of the to\vr>, to 
be paid to the Town Treasurer ; and the other half to 
the use of the informant. 

Sec. 3. Be it farther enacted. That the said com- 
mittee are hereby empowered to farm out the fisheries 
aforesaid, or sell the right of taking iish in any part, May farm onv 
or all of said rivers and streams, at public auction or^^*''^^'" 
at private sale, as they may judge most beneficial for 
the interest of the said town ; and if any person catch 
or take any of the said fish, in any of the said rivers 
or waters connected therewith, without the permission, 
and against the rules established by the said commit- 
tee, he, she or ihey shall forfeit and pay, on conviction, 
one d(dlar for each fish so taken, to be recovered and 
appropriated as is provided in the first section of this act. 

Sec. 3. Be it further enacted, That any person or 
persons who has heretofore erected, or who shall here- 
after erect, or cause to be erected, any mill dam across 
any of the waters aforesaid, and doth not make a suf- 
ficient and suitable provision for the passage of said 
fish, during the season as aforesaid, at his or their own 
proper expense and charge, he or they, so offending, 
shall forfeit and pay to the use of said town, a sum not Fines, 
less than forty dollars, nor more than two hundred 
dollars, to be recovered by action of debt, in the name 
of said town : Provided, nevertheless, the owner or 
owners of mills already built, shall have thirty days 
notice to open the said sluice, before the pejialty afore- 
said shall be incurred. 

[Approved by the Governor, February 12, 1819.] 



CHAP. LXIX. 

An Act to incorporate the First Baptist Society in 

Danvers. 

Sec. 1. 15k it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Andrew Bacheldor, 



10^ 



BAPTIST SOCIETY. 



Feb. 12, 1819. 



Persors iiicor 
porated. 



Martin Bates, Michael Barry, Moses Black, James 
Carr, Benjamin Ciiaplin, Thomas Cheever, Caleb 
Clarke, Parker Cross, John Doak, George Ellis, 
Solomon Emerson, Israel Endicot, George Ervin, 
Levi Fish, Benjamin Foster, William Francis, Elijah 
Fuller, Timothy Fuller, Daniel Goodhue, Allen 
Gould, Andrew Gould, Baniel Hardy, Stephen 
Haynes, Israel Hutchinson, Aaron Jacobs, Ebenezer 
Jacobs, Henry Johnson, William Johnson, Hercules 
H. Josselyn, John Kenny, Benjamin Kent, Benjamin 
Kent, Junior, Joseph Kent, John Kent, Robert Lefa- 
vor, Nathaniel Mayhew, Samuel M'lntire, Jonathan 
M'Intire, John Mitchell, William Morris, Amos 
Osborn, Jeremiah Page, John Page, Benjamin Perry, 
Allen Peabody, Samuel Pindel, John Porter, Jona- 
than Proctor, Amos Putnam, Allen Putnam, Andrew 
Putnam, Jeremiah Putnam, John Putnam, Thomas 
Putnam, Parker Richardson, Briggs D. Reed, Wil- 
liam Shillaber, Samuel Slater, Ephraim Smith, Jo- 
seph Stearns, Seth Stetson, Timothy Stevens, Asa 
Stickney, Thomas Symonds, William Trask, Daniel 
Upham, Benjamin Webb, Nathaniel Webb, Nathan. 
ielWebb, Junior, Samuel Whipple, Stephen Whipple, 
Amaziah Whitney, Noah Whittier, and Moses W. 
Wilson, all of Danvers, together with such others, 
being inhabitants of Danvers, as may hereafter asso- 
ciate with them, and their successors, for the purpose 
of religious worship only, be, and they are hereby 
incorporated, as a religious society, by the name of 
the First Baptist Society in Danvers, with all the 
poAvers, privileges, and immunities, to which other 
religious societies are entitled by the constitution and 
laws of this Commonwealth ; and the polls and estates 
of all persons who are members of said society, shall 
be taxable therein, for all parochial purposes. 

Sec. 2. Be it further enacted, That any person 
living in the town of Danvers, who may be desirous 
Membershir of bccomiiig a member of said Baptist Society, and 
shall declare such intention in writing to the Clerk of 
the religious society to which he or she belongs, fif- 
teen days before the annual meeting in the month of 
March or April, and shall produce a certificate from 
the Clerk of the said Baptist Society, that he or she 



General pow 
ers. 



C. FAXON SET OFF* Feb, 12, 1819. 105 

lias united with them in religious worship, such per- 
son shall be considered, with his or her polls and 
estate, as a member of said Baptist Society. 

Sec. 3. Be it further enacted. That when any 
member of said Baptist Society shall be desirous of 
k becoming a member of any other religious society in 
the said town of Danvers, and shall declare such in- 
tention in writing, given to the Clerk of said Baptist ComiiUonsot 
Society, fifteen days before the annual meeting in the^'^^'^"^""'' 
month of March or April, and shall also produce a 
certificate from the Clerk of the society, to which he i 

or she wishes to be annexed, that he or she has united 
with them in religious worship, such person shall be 
considered, with his or her polls and estate, as a mem- 
ber of such other society : Provided, however, that all Proviso, 
persons shall be holden to pay their proportion of all 
sums of money, lawfully granted by either of the so- 
cieties in said town of Danvers, while such person 
continued a member of the same. 

Sec. 4f. Be it further enacted, That any Justice of 
the Peace for the County of Essex, upon application 
therefor, is hereby empowered to issue a warrant, di- 
rected to a member of the said Baptist Society in 
Danvers, requiring him to notify and warn the mem- 
bers thereof, to meet at such convenient tim,e and First raeciing. 
place, as shall be appointed in said warrant, for the 
election of such officers, as parishes are by law re- 
quired to choose at their annual parish meetings, and 
to do such other parochial business as may be ex- 
pressed in said warrant. 

[Approved by the Governor, February IS, 1819.] 



CHAP. LXX. 

An Act to set off Caleb Faxon, with his family and 
estate, from the town of Dorchester, and annex them 
to the town of Quincy. 

I5E it enacted by the Senate and House 
of Uepresentatives, in General Court assembled, and 
by the authority of the same. That Caleb Faxon, with 



106 COMMERCIAL BANK. Feb. 12, 1819. 

his family, polls and estate, be, and they hereby are 
set off from the town of Dorchester, and annexed to 
the town of Quincy, in the County of Norfolk ; and 
the said Caleb Faxon shall hereafter be considered 
an inhabitant of the town of Qiiincy, and shall there 
exercise ajid enjoy all the rights and privileges, and 
shall also be subject to the like duties and requisi- 
tions as the other inhabitants of said town : Provided, 
that the said Caleb Faxon shall be holden to pay all 
taxes legally assessed on him by the town of Dor- 
chester, prior to the passing of this act. 

[Approved by the Governor, February 13, 1819.] 



CHAP. LXXI. 

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

Sec. 1. JjE 2i enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Benjamin Pickraan, 
Junior, Benjamin W. Crowninshield, Nathaniel West, 
Pei-sons incoi- Joscph Story, Thomas Saunders, Jonathan Neal, 
porated. Nathaniel Bowditch, George Cleveland, Willard 
Peele, Pickering Dodge, Charles Saunders, William 
Fettyplace, Gideon Barstow, Stephen White, Na- 
thaniel West, Junior, Nathan Robinson, and their as- 
sociates, successors, and assigns, shall be, and are 
hereby created a corporation, by the name of the Pres- 
ident, Directors and Company of the Commercial 
Bank ; and shall so continue, until the first Monday 
of October, which will be in the year of our Lord one 
thousand eight hundred and thirty-one ; and the said 
Rules. corporation shall always be subject to the rules, re- 

strictions, limitations, taxes and provisions, and be en- 
titled to the same rights, privileges and immunities, 
which are contained in an act, entitled *' An act to in- 
corporate the President, Directors and Company of 
the Merchants' Bank, in Salem/' except in so far as 



COMMERCIAL BANK, Feb. IS, 1819. 107 

the same are modified or altered, by this act, as fully 
and effectually, as if the several sections of said act 
were herein specially recited and enacted. 

Sec. 2. Be it further enacted, That the capital 
stock of the said corporation shall consist of the sunaCapUaistcck. 
of three hundred thousand dollars, in gold and silver, 
divided into shares of one hundred dollars each, which 
shall be paid in at three equal instalments ; the first 
on or before the fifteenth day of April next ; the sec- 
ond instalment on or before the fifteenth day of Sep- 
tember next ; and the remaining instalment, on or be- 
fore tlie first day of February next ; and that no div- Dividends. 
idend shall be made or declared on the capital stock 
of said bank, until the whole of said capital stock 
shall have been paid in, conformably to the provisions 
of this act. And the stockholders, at their first meet- 
ing, shall, by a majority of votes, determine the mode Disposit<oa<jf 
of transferring and disposing of the said stock, and^"'*' ' 
the profits thereof; which being entered in the books 
of the said corporation, shall be binding on the stock- 
holders, their successors and assigns, until they shall 
otherwise determine. And the said corporation are 
hereby made capable in law to have, hold, purchase, 
receive, possess, enjoy and retain to them, their suc- 
cessors and assigns, lands, tenements and heredita- Miiyiiouireai 
ments, to tlie amount of twenty thousand dollars, and '^^*'*"^'^- 
no more, at any one time ; with power to bargain, sell, 
and dispose of the same ; and to loan and negociate 
their monies and effects, by discounting on banking 
principles, on such security as they sliall think ad- 
visable : Provided, however, that nothing herein con- 
tained, shall restrain or prevent said corporation from 
taking and holding real estate, on mortgage, or on Provisos. 
execution, to any amount, as security for, or in pay- 
ment of any debts due to the said corporation : And 
provided, further, that no money shall be loaned, or 
discounts made, nor shall any bills or promissory notes 
be issued from said bank, until the capital subscribed, 
and actually paid in, and existing in gold and silver, 
in the vaults, shall amount to seventy-five thousand 
dollars. 

Sec. 3. Be it further enacted. That the said bank Location. 
shall be established and kept in the town of Salem. 



108 COMMERCIAL BANK. Feb. IS, 1819. 

Sec. 4. Be it further enacted. That whenever the 
Legislature shall require it, the said corporation shall 
loan to the Commonwealth any sum of money which 

Loans to State, may be required, not exceeding ten per centum of the 
capital stock, then actually paid in, at any one time, 
reimburseable by five annual instalments, or at any 
shorter period, at the election of the Commonwealth, 
with the annual payment of interest, at a rate not ex- 

Proviso. ceeding five per centum per annum : Provided, Jioiv- 

Bver, that the Commonwealth shall never stand in- 
debted to such corporation, without their consent, 
for a larger sum than twenty per centum of their capi- 
tal, then paid in. 

Sec. 5. Be it further enacted, That Pickering 
Dodge, Willard Peele, and William Fettyplace, or 
any two of 4hem, are authorized to call a meeting of 
the members and stockholders of said corporation, as 

Meeting for goou as may be, at such time and place as they may 

c wioe 1- g^^ ^^ ^^ appoint, by advertising the same in the two 
newspapers printed in the town of Salem, for the pur- 
pose of making, ordaining, and establishing such by- 
laws and regulations, for the orderly conducting of 
the affairs of said corporation, as the stockholders 
shall deem necessary, and the choice of the first Board 
of Directors, and such other officers as they shall see 
fit to choose. 

Sec. 6. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 

Common- shall make provision therefor, by law, to subscribe, on 
ssot . g^j.j.Qm^j- ^f ijjg Commonwealth, a sum not exceeding 
one half part of the capital stock, actually paid in, to 
be added to the capital stock of said corporation, sub- 
ject to such rules, regulations and provisions, as to the 
management thereof, as shall be by the Legislature 
made and established. 

[Approved by the Governor, February 12, 1819.1 



LTMINGTON CONGREGA. PAR. Feh 13, 1819. ]09 



CHAP. LXXII. 

An Act to incorporate the First Congregational Par- 
ish in the town of Limington. 

Sec. 1. -OE it enacted hy the Senate and House 
of Repi^esentativeSf in General Court assembled, and 
by the authority of the same, That Isaac Mitchell, 
Henry Small, James Mc.Vrthur, David Otis, Edward 
Small, Robert Libby, Samuel Larribee, Junior, Ar- Person3 inccr 
thur McAnhur, Benjamin Clarke, Abner JLibby, i*°^'''"'' 
William Thompson, Francis Small, Humphrey Smali, 
Joshua Small, Isaac Small, Jonathan Boothby, Par- 
menio Libby, Nathaniel Clarke, J uoior, Daniel Small, 
William Small, Harvey Libby, Be'ijamin lUake, Si- 
mon Plaisted, Benjamin Tyler, Samuel LariibeCj, 
Jonathan Atkinson, vSilas Meserve, Nathaniel Me- 
serve, John IJbby, Philemon Libby, Edward « b'rke, 
Joshua Brackett, Ephiaim Clarke, and Seth Blake, 
with their families and estates, together with such 
others as may hereafter associate with them, and their 
successors, be, and they hereby are isu-orporafed i»tto 
a society, by the name of the First Congregati(;nal 
Parish in the town of Limington ; with all the powers, 
privileges, rights and immunities, to which parishes 
or societies are entitled, by the constitution and laws 
of this Commonwealth. 

Sec. 2. Be it farther enacted. That any person in 
said town of Limington, or in any of the adjoining 
towns, who may hereafter desire to become a member 
of said Congregational Society, and give in his or her Membership. 
name to the Clerk of the town or parish, to which he 
or she may belong, with a certificate signed by the 
Minister or Clerk of said Congregational Society, that 
he or she hath actually become a member of, and 
united in religious worship with said Congregational 
Society, fourteen days previously to the town or par- 
ish meeting, to be held in the month of March or 
April, annually, shall, from and after the date of such 
certificate, with his or her polls and estates, be con- 
isidered as a member of said Congregational Society : 



110 



LIMINGTON CONGREGA. PAR. Feb, 13, 1819= 



Conditions of 
secession. 



Provko. Provided, however, that all such persons shall be 
held to pay his or her proportion of all monies voted 
or assessed in the town or parish, to which he or she 
belonged, previously to that time. 

Sec. 3. Be it further enacted, That whenever any 
member of said Congregational Society, shall see 
cause to leave the same, and unite with any other 
religious society in the town or parish, in which he 
or she may reside, and shall give in his or her name 
to the Clerk of said Congregational Society, with a 
certificate signed by the Minister or Clerk of the par- 
ish or society with which he or she may unite, that 
he or she hath actually become a member of, and uni- 
ted in religious worship with such other society, four- 
teen days previously to their annual meeting in March 
or April, and shall pay his or her proportion of all 
monies voted or assessed in said Congregational So- 
ciety, previously thereto, shall, from and after giving 
such certificate^ with his or her polls and estates, be 
considered as a member of such other parish or soci- 
ety, to which he or she may so unite. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace in the County of York, upon application 
therefor, is hereby authorized to issue a warrant, di- 
rected to some suitable member of said Congregational 

First mcetiug. Socicty, requiring him to notify and warn the members 
thereof, to meet at such time and place as shall be 
appointed in said warrant, to choose all such oiBBeers, 
and transact all such business as parishes are by law 
entitled to choose and transact, in the month of March 
or April, annually. 

[Approved by the Governor, February 13, 1819.] 



TURNPIKE CORPORATION. Feb. 13, 1819. Ill 



CHAP. LXXIII. 

An Act in addition to an act, entitled " An act for 
establishing a Corporation, by tlie name of the 
Eighth Massachusetts Turnpike Corporation." 

Sec. 1. IjE it enacted by the Senate and House 
ef RejJresentatives, in General Court assembled, and 
by the authority of the same, That the proprietors 
of the Eighth JVlassachusetts Turnpike Corporation, 
shall, from and afier the passing of this act, have leave 
to discontinue all that part of said road, from the place rmiiege. 
where the Becket Turnpike unites with said Eighth 
Massachusetts Turnpike, near the dwelling house of 
Daniel Sherman, in Becket, in the County of Berk- 
shire, to the line of the town of Pittsfield, in said 
county. 

Hec. 2. Be it further enacted, That the said cor- 
poration be, and they hereby arc authorized to alter 
the course and direction of their road, from the foot 
of Becket Mountain, beginning on the flat, near the 
west branch of Westfield River, about half a mile AUenuiouof 
west of the dwelling house of Uriah Ferry; thence'"' 
running upon or near said river, so far west as the 
east line of the Becket Turnpike ; and may purchase 
and hold land, over which they may make the same. 
And the Circuit Court of Common Pleas, in the coun- 
ty where the road is, are hereby authorized, upon ap- 
plication of said corporation, to lay out the same 
road, in the manner provided in the act to which this 
is in addition. And unless said corporation shall, 
within two years from the passing of this act, appro- 
priate, lay out, and expend the sum of two thousand 
dollars, towards the locating, building, and mak- 
ing the said last mentioned road, they shall, from 
that time, be entitled to receive at their middle gate, 
so called, only one half of the amount of toll which 
they are now authorized to take at said gate. 

8ec. 3. Be it further enacted. That the Circuit 
Court of Common Pleas, in either of the Counties of 
Hampden or Berkshire, are hereby authorized to ap- 



lis 



Road discon- 
tinued. 



BANK OF PORTLAND. 



Feb. 13, 1819. 



point a committee, to lay out the whole of said road, 
lying partly in each of the said Counties of Hamp- 
den and Berkshire : And when said road shall be 
made and completed, to the acceptance of the Court, 
who may appoint said locating committee, that part 
of the old turnpike road, lying between the dwelling 
house of said Daniel Sherman and the foot of Becket 
Mountain, shall be discontinued. 

[Approved by the Grovernor, February 13, 1819.] 



CHAP. LXXIV. 



Ppvsons incor 
pointed. 



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

Sec. 1. 15E it enacted by the Seriate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That Arthur M'Lellan, 
James Deering, John Mussey, Isaac Adams, Barrett 
Potter, Joshua Richardson, Henry Smith, Levi Cut- 
ter, Robert llsley, and Richard Cobb, their associ- 
ates, successors, and assigns, shall be, and hereby are 
created a corporation, by the name of the President, 
Directors and Company cif the Bank of Portland ; and 
shall so continue from the first day of March next, 
until the first Monday of October, which will be in 
the year of our Lord one thousand eight hundred and 
Privileges and thirty-wnc '. Aud the said corporation shall always be 
i-estFictions. subjcct to the Fulcs, restrictions, limitations, taxes, 
and provisions, and be entitled to the same rights, 
privileges and immunities, which are contained in an 
act, entitled " An act to incorporate the President, 
Directors and Company of the State Bank,'' except 
in so far as the same are modified or altered by this 
act, as fully and effectually, as if the several sections 
of said act were herein specially recited and enacted. 
Skc. 2. Be it further enacted, That the capital 
stock of said corporation, shall consist of the sum of 
two hundred thousand dollars, in gold and silver, to 



BANK OF PORTLAND. Feb. 13, 1819. 113 

be, besides such part as this Commonwealtb mav sub- 
scribe, in manner hereafter mentioned, divided into 
shares of one hundred dollars each, which shall be 
paitl in three equal instalments; the first, on or before Capital stocfc. 
the fifteenth day of x\pril next; the second, on or be- 
fore the fifteenth day of September next ; and the 
remaining instalment, on or before the first day of 
February next; and that no dividend shall be declared 
on the capital stock of said bank, until the whole of 
said capital stock shall have been paid in, conformably 
to the provisions of this act : And the stockholders, 
at their first meeting, shall, by a majority of votes, 
determine the mode of transferring and disposing of 
said stock, and the profits thereof; which being enter- 
ed in the books of said corporation, shall be binding 
on the stockholders, their successors, and assigns, 
until they shall otherwise determine. And the said 
corporation are hereby made capable in law, to have, 
hold, purchase, receive, possess, enjoy, and retain to 
them, their successors, and assigns, lands, rents, ten- May hold Bcai 
ements, and hereditaments, to the amount of twenty ^'^*^^' 
thousand dollars, aud no more, at any one time; with 
power to bargain, sell, dispose, and convey the same 
by deed, under the seal of said corporation, and sign- 
ed by the President, or two of the Directors ; and to 
loan and negociate their monies and effects, by dis- 
counting on banking principles, on such security as 
they shall think advisable: Provided^ hoicevery thsiii^ovUct, 
nothing herein contained, shall restrain or prevent 
said corporation from taking and holding real estate 
in mortgage, or on execution, to any amount, as secu- 
rity for, or in payment of any debts due to the said 
corporation : And^ provided further^ that no monies 
shall be loaned, or discounts made, nor shall any bills 
or promissory notes be issued from said bank, until 
thfc capital subscribed, and actually paid in, and ex- Specie m 
isting in gold and silver in their vaults, shall amount^'*"''' 
to fifty thousand dollars. 

Sec. 3. Be it further enacted^ That the said bank 
shall be established and kept in the town of Portland. Lociuior. 

Sec, -1. Be it further enacted, That not more than 
three fourths of the Directors elected, who shall be in 
office at the time of an annual election, exclusive of 



114^ BANK OF PORTLAND. Feb, 13, 1819. 

the President, shall he elected for the next succeed- 

Timc which in^* year ; and no Director shall hold his office more 

serve" ""^^ than three years out of four in succession, except the 

Director that is President at the time of an annual 

election, who may be reelected. 

Sec. 5. Be it further enacted, That any Director 
of the Portland Kank, may be eligible as a Director 
of the bank hereby incorporated. 

Sec. 6. Be it farther enacted^ That whenever the 
Legislature shall require it, the said corporation shall 
Loans to State, loan to the Commonwealth, any sum of money which 
may be required, not exceeding ten per centum of the 
capital stock actually paid in, at any one time, reim- 
burseable by five annual instalments, or any shorter 
period, at the election of the Commonwealtii ; with 
the annual payment of interest, at a rate not exceed- 
Pioviso* ing five per centum per annum : Provided, hoirever, 
that the Commonwealth shall never stand indebted to 
said corporation, without their consent, ftir a larger 
sum than twenty per centum of their capital actually 
paid in. 

Sec. 7' Be it further enacted, That the persons 
herein before named, or any three of them, are author- 
Meeting fm- ized to call a meeting of the members and stockhold- 
choice otoffi- ^^,g ^^£ g^j^i corporation, as soon as may be, at such 

time and place as they may see fit, by advertising the 
same for one week in the Portland Gazette and East- 
ern Argus, for the purpose of making, ordaining, and 
establishing such by-laws, ordinances, and regulations 
as the said stockholders shall deem necessary, and for 
the choice of the first Board of Directors, and such 
other officers as they shall see fit to choose. 

Sec. 8. Be it further enacted. That the Common- 
wealth shall have a right, whenever the Legislature 
shall make provision therefor by law, to subscribe, on 
state rights, account of the Commonwealth, a sum, not exceeding 
one half of the capital stock actually paid in, to be 
added to the capital stock of said corporation, subject 
to such rules, regulations, and provisions, as to the 
management thereof, as shall, by the Legislature, be 
made and established. 

Sec. 9. Be it further enacted, That whenever the 
Commonwealth shall subscribe to the capital stock of ' 



THORNDIKE INCORP. Feb. 15, 1819. 115 

said corporation, in manner herein before provided 
for, in addition to tlie Directors, by law, to be chosen 
by the stockholders, the Legislature shall have a right, 
from time to time, to appoint a number of Directors of state Directors. 
said bank, in proportion as the sum paid from the 
treasury of the Commonwealtli, shall bear to the whole 
amount of stock actually paid into said bank, if at any 
time hereafter, tliey shall see fit to exercise that right. 
[Approved by the Governor, February 13, 1819.3 



CHAP. LXXV. 

An Act to incorporate the Town of Thorndike. 

Sec. 1. JjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the plantation hereto- 
fore called Lincoln, in the County of Hancock, as 
contained in the following described boundaries, be, Boumiaiies 
and hereby is established as a town, by the name of 
Thorndike ; that is to say : Beginning at the south 
west corner of said plantation, at a stake and stones ; 
thence running north, twenty-five degrees east, about 
one mile, to a birch tree ; thence north, seven degrees 
east, four miles and one hundred and forty-three rods, 
to a cedar stake ; thence north, eighty-seven degrees 
east, four miles and thirty rods, to a beach tree ; thence 
south, three degrees east, five miles and forty-one rods, 
to a stake and stones ; thence south, eighty-seven de- 
grees west, five miles and thirty-five rods, to the place 
of beginning. And the said town of Thorndike iscmpoiate 
hereby vested with all the corporate powers and priv-^"^^^'^^ 
ileges, and shall also be subject to all the duties and 
requisitions of other corporate towns, according to the 
constitution and laws of this Commonwealth. 

Sec. 2, Be it further enacted, That any Justice of 
the Peace for the County of Hancock, be, and he is 
hereby empowered, upon application therefor, to issue 
a warrant, directed to a freehold inhabitant of the said 



116 MERCHANTS' HALL. Feb. 15, 1819. 

town of Thorndike, requiring him to notify and warn 
the freeholders and other inhabitants of said town, to 
First meeting, meet at such Convenient time and place, as shall be 
appointed in said warrant, for the choice of such offi- 
cers, as towns are by law empowered and required to 
choose at their annual town meetings. 

[Approved by the Governor, February 15, 1819.] 



CHAP. LXXVI. 

An Act to incorporate the Proprietors of Merchants' 
Hall, in i3oston. 

Sec. 1. JjE it enacted by the Senate and House 
of [lepresentatives, in General Court assembled, and 
by the authority of the same, That Thomas K. Jones, 
Persons mcoi> William Hcbon, and Thomas Brewer, all of Boston, 
porated. ^^^ their associatcs, successors and assigns, be, and 
they hereby are constituted a body politic and corpo- 
rate, by the name of the Proprietors of Merchants' 
Hall ; and the said corporation, by the same name, are 
hereby declared and made capable in law, to sue and 
be sued, plead and be impleaded ; to have a common 
seal, and the same to alter and renew at pleasure ; to 
General pow. make rulcs aud by-laws for the regulation and man- 
agement of the estate herein after described, consistent 
with the lav/s of the Commonwealth ; and generally 
to do and execute whatever, by law, doth or may ap- 
pertain to bodies politic and corporate, within the 



ers 



meaning and intent of this act. 

Sec. 2, Be it further enacted, That the said cor- 
poration be, and the same hereby is declared and made 
May houi real Capable to havc, liold and possess, all that certain real 
esuuc. estate, situate in said Boston, bounded and described 

as follows, viz. : Westwardly on Congress Street, 
there measuring thirty-three feet six inches ; north- 
Vi^ardly on a lane or passage way, there measuring one 
hundred and twenty feet : eastwardlj- on land of Wil- 
liam Phillips, Esquire, there measuring thirty-four 



MERCHANTS' HALL. Feb, 15, 1819. 117 

feet seven inches ; and southwardly on Water Street, 
there measuring one hundred and twenty -five feet six 
inches ; or however otherwise bounded, together with 
all the rights, privileges and appurtenances thereof; 
provided, the lawful proprietors thereof shall legally Proviso. 
convey the same to the said corporation. And the said 
corporation shall have power to sell, grant and alien 
in fee simple, or otherwise, their corporate property, 
or any part thereof, within the said described limits, 
and to lease, manage and improve, build, rebuild or 
alter the same, according to the will and pleasure of 
said corporation, expressed at any legal meeting by 
the said associates, or their assigns, or the major part 
of them. 

Sec. 3. Be it farther enacted^ That the said cor- 
porate property shall be divided into shares, not Corporation 
exceeding five hundred in number, as the said corpo-^''"*"" 
ration may find to be most expedient ; and the said 
shares shall be divided among the several proprietors, 
according to the interest and portions which they may 
respectively have in said corporate property ; and cer- 
tificates of such shares shall be signed by the Presi- 
dent of the corporation, and issued to the proprietors 
accordingly, and shall be transferable by assignment si.ar-siraus 
on the back thereof; and the property in the same shall ''^^'"^''^• 
vest in the assignee or vendee thereof, when a record 
of such assignment shall be made by the Clerk of the 
corporation ; whereupon new certificates shall issue 
accordingly ; and the shares in said corporation shall, 
in all respects, and at all times, be held and consid- 
ered as personal estate. 

Sec. 4. Be it further enacted^ That the said cor- 
poration shall have power, from time to time, to assess 
such sums of money, as at any legal meeting, held and Assessments. 
notified for that purpose, may be deemed necessary, 
for building, rebuilding and repairing, or altering any 
buildings whatever, on the land within the said de- 
scribed limits, or for the improvement or management 
of the corporate estate, agreeably to the true intent of 
this act. And in case any proprietor shall neglect or 
refuse to pay any assessment so laid, the said corpo- d. lii.fnipnt 
ration may cause such of the shares of such proprie- Jp'"^'*^^^ 
tors, as may be sufficient therefor, to be sold at public 
16 



118 



HOWARD BENEV. SOCIETY. Feb. 15, 1819. 



Liability. 



auction, after ten days notice in a pu])lic newspaper, 
printed in Boston, to the higliest bidder ; and after 
deducting the amount assessed and unpaid, together 
with the charges of sale and advertisement, the sur- 
plus, if any, shall be paid over to such propiietors ; 
and the purchaser of such share or shares shall be en- 
titled to receive a certificate of the share or shares, by 
him purchased accordingly. 

Sec. 5. Be it further enacted, That the real estate 
of said corporation shall be liable for the debts of the 
corporation, and to attachment and execution, on any 
judgment against said corporation ; and said corpora- 
tion shall possess the right in equity of redeeming the 
same, appertaining by the laws of the Commonwealth 
to other real estate. 

Sec. 6. tie it further enacted. That said Thomas 
K. Jones, N^ illiam Dehon, and Thomas Brewer, or 
First meeting, either of them, may call a^neetingof said corporation, 
by advertisement in a public newspaper printed in 
Boston, ten days at least before the time of meeting ; 
and the said corporation may, at such, or any other 
meeting, agree on the mode of calling future meetings, 
and shall elect a President and Clerk, and all such 
other officers as they may deem necessary for conduct- 
ing iheii' corporate affairs and estate ; and the same 
may change and remove, as the corporation shall 
think fit. 

[Approved by the Governor, February 15, 1819.] 



OfTicersto be 
chosen. 



CHAP. LXXVII. 

An Act to incorporate the Newburyport Howard 
Benevolent Society. 



Persons incoi" 
porated. 



Sec. 1. J rE it enacted by the Seriate and House 
of Representatives, in 'General Court assembled, and 
by the authority of the same, That Thomas M Clark, 
John Pearson, Henry Merritt, Richard Bartlett, and 
Samuel Teuny, together with such others as are, or 



POUTLAND M. & F. INS. CO. Feb. io, 1819. 119 

may hereafter be associated with them, be, aiid they 
hereby are incorporated into a society, by the name of 
the Newburyport Howard Benevolent Society ; and 
by that name, shall be a corporation forever ; with 
power to have a common seal ; to make contracts rela- General po%v- 
tive to the objects of their institution ; to sue and be"^" 
sued ; to establish by-laws and orders for the regula- 
tion of the society, and the preservation and applica- 
tion of the funds thereof ; to take, hold, and possess 
any estate, real or personal, by subscription, gift, 
grant, purchase, or otherwise ; and th« same to lease 
or otherwise improve, and sell and convey, for the 
sole benefit of said institution ; jirovided^ that the said Proviso, 
by laws be not repugnant to the constitution and laws 
of this Commonwealth ; and that the value of the said 
estate shall not exceed ten thousand dollars ; and that 
the funds of said society shall always be improved 
and appropriated to tlie humane purposes of relieving 
the distresses of the poor, the sick, and the aged. 

Sec. 2. Be it Jurther enacted^ That the time and 
place of the first meeting of said society, may be ap- First meeting. 
pointed by Thomas M. Clark, by his giving notice 
thereof, in the Newburyport Herald, printed in New- 
buryport ; and at such meeting, the said society may 
agree upon their mode of calling future meetings, and 
establisli by-laws to regulate said society. 

[Approved by the Governor, February 15, 1819.] 



CHAP. LXXYIII. 

An Act to establish the Portland Marine and Fire 
Insurance Company. 

Sec. 1. x5E it enacted by the Senate and House 
of RejjresentativeSf in General Court assembled, and 
by the authority of the same, That James Neal, Albert p. isods mcor- 
Newhall, Asa Clap, Matthew Cobb, Reuben Morton, ^'°'"''^^- 
and Daniel FoX; with their associates, successors and 



lao PORTLAND M. & F. INS. CO. Feb, 15, 1819. 

assigns, be, and they are hereby incorporated into a 
company and body politic, by the name of the Fort- 
land Marine and Fire Insurance Company, with the 

General pow- powcrs and privileges usually granted to other insur- 

"*■ ance companies, and subject to all the duties, obli- 

gations and restrictions, contained in a law of this 
Commonwealth, entitled " An act to define the pow- 
ers, duties and restrictions of Insurance Companies," 
passed the sixteenth day of February, in the year of 
our Lord one thousand eight hundred and eighteen ; 
also with power and authority to make insurance on 
any dwelling or other building, and on the goods and 
property therein contained, within this Commonwealth, 
d against amage arising to tlie same by fire, ; and to 
fix the premium and terms of payment, for and during 
the term of twenty years after the passing of this act ; 

May sue and aud by that uamc may sue and be sued, plead and be 

je suet. impleaded, appear, prosecute and defend to final judg- 
ment and execution, and have a common seal, which 
they may alter at pleasure, and may purchase, hold 
and convey any estate, real or personal, for the use of 

I'nniso. gaid company : Provided, that they shall not hold real 

estate exceeding the value of five thousand dollars, 

excepting such as may be taken for debt, or held as 

collateral security for monies due to said company. 

Sec. 2. Be it further enacted^ That the capital 

Capital Stuck, stoclc of Said compauy, exclusive of premium notes 
and profits arising from business, shall not be less than 
one hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each, ten per centum 
of which shall be paid in money, by eacli and every 
subscriber, on the amount of his subscription, within 
ten days after public notice given by the President 
and Directors, chosen by the stockholders, in both of 
the newspapers printed in the town of Portland, and 
fifty dollars on each share, on or before the first Tues- 
day of October next, aud the residue of said stock on 
or before the first Tuesday of October, in the year one 
thousand eight hundred and twenty-one, in such sum 
or sums, and at such intermediate time or times, and 

Penalties. uudcr sucli penalties as the President and Directors 
shall, in their discretion, direct and appoint. 

Sec, 3. Be it further enacted^ That the stock, pro- 



PORTLAND M. & F. INS. CO. Feb. id, 1819. 121 

perty, affairs and concerns of said company, shall be 
managed by seven Directors, one of whom shall be 
President thereof, who shall hold their offices for one Manager?, 
year^ and until others are chosen, and no longer ; and 
who shall, at the times of their election, be stockhold- 
ers and citizens of this Commonwealth, and shall be 
elected on the first Tuesday in April in each and ev- Annual eiec- 
ery year, at such time of the day, and in such place Ss."* ""^^''' 
in the town of Portland, as a majority of the Directors 
for the time being shall appoint ; of which election, 
public notice shall be given, in at least one of the 
newspapers printed in the town of Portland, fourteen 
days at least immediately preceding : and this election 
shall be held under the inspection of three stockhold- 
ers, not being Directors ; and the election shall be 
made by ballot, by a majority of the stockholders prcr 
sent, allowing one vote to each share ; provided^ thatProviso. 
no stockholder shall be entitled to more than ten votes ; 
and absent stockholders may vote by proxy, under 
such restrictions as the company may prescribe. 

J^EG. 4. Be it further enacted. That the Directors, 
when chosen, shall meet as soon as may be after eve- 
ry election, and shall choose out of their body, one 
person to be President, who shall be sworn faithfully 
to discharge the duties of his office, and shall preside 
for one year ; and in case of the death, resignation or 
inability to serve, of the President or any l)irectors,v 
such vacancy or vacancies shall be filled, for the re- 
mainder of the year in which they happen, by a spe- special dec- 
cial election for that purpose, to be held in the same^'""'- 
manner as herein before directed, respecting annual 
elections of Directors : Provided, that no person, be- 
ing a Director of any other company, carrying on the 
business of insurance, shall be eligible as a Director 
of the company, by this act established. 

hKC. 5. P,e it further enacted, That the President 
and tisree of the Directors, or four of the Directors, in 
the absence of the President, shall be a board corape- Rujesandre- 
^ tent ii>r the transaction of bu?<iness ; and all questions "''**''^"^ 
before them shall be decided by a majority of votes : 
and they shall liave power to make and prescribe such 
by-laws, rules and regulations, as to them shall appear 
lieedful and proper, touching the management and dis- 



122 PORTLAND M. & F. INS. CO. Feh. 15, 1819. 

position of the stock, property, estate and effects of 
said company, and the transfer of shares, and touch- 
ing the duties and conduct of the several Officers, 
Clerks and Servants employed, and the election of Di- 
rectors, and all such matters as appertain to the busi- 
ness of insurance ; and shall also have power to ap- 
point a Secretary, and so many Clerks and Servants, 
for carrying on the said business, and with such sala- 
ries and allowances to them and the President, as to 
Proviso. the said Board shall seem meet; provided, that such 
by-laws and regulations shall not be repugnant to the 
constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That the property 
of any member of the said company, vested in the 
Property of stock of Said compauy, shall be liable to attachment^ 
be attached ^^^ and to the payment and satisfaction of his just debts, 
to any of his bona fide creditors, in manner following, 
viz. : in addition to the summons, by law prescribed to 
be left with the defendant, a like summons shall be 
left with the Secretary of said company ; and the 
debtor's share or shares in said company's funds, to- 
gether with the interest and profits due, or growing due 
thereon, or so much thereof as shall be sufficient, shall 
thereby be held to respond said suit according to law ; 
and all transfers of the debtor's shares, not noted in 
the books of the company previous to the delivery of' 
such summons, shall be barred thereby, and execution 
may be levied upon the property of any stockholder 
in said company, and his share or shares therein, ex- 
posed to sale, in the same manner as is by law pre- 
scribed, where personal estate is taken in execution ; 
and it shall be the duty of the officer who extends 
such execution, to leave an attested copy thereof, with 
his tloings thereon, with the Secretary of the said com- 
pany ; and the purchaser shall thereupon be entitled 
to the reception of all dividends and stocks to which 
the debtor was previously entitled ; and upon any at- 
tachment beingmade, or execution levied, on any shares 
in said company, it shall be the duty of the Secretary 
6f said company to expose the books of the company 
to the officer, and furnish him with a certificate under 
his hand, in his official capacity, ascertaining the num- 



NEWBURGH INCORPORATED. Feb. 15, 1819. 1^3 

ber of shares the debtor holds iti said company, and 
the amount of the dividends due thereon. 

Sec. 7. -Se it further enacted, That the President 
and Directors of the said company shall, previous to 
their subscribing to any policy of insurance, against 
damage arising from fire, and once in every year after, ^ 

publish in one or more of the nevi'spapers printed in insurance. 
the town of Portland, what risks they mean to insure 
against, and the largest sum they mean to take on any 
one risk : Provided, nevertheless, that the said Presi- Proviso. 
dent and Directors shall not be allowed to insure on 
any one risk against damage by fire, a larger sum than 
seven per centum of the amount of the capital stock of 
said corporation actually paid in. 

Sec. 8. Be it further enacted, That any three of 
the persons herein namied, be, and they are hereby 
empowered to call a meeting of the members of said First meeting. 
company as soon as may be, in Portland, by advertis- 
ing the same fourteen days in both the newspapers 
printed in said town, for the purpose of electing the 
first Board of Directors, who shall continue in office 
until the first Tuesday in April, one thousand eight 
hundred and nineteen. 

[Approved by the Governor, February 15, 1819.] 



CHAP. LXXIX. 

An Act to establish the Town of Newburgh. 

Sec. 1. IjE it enacted hj the Senate and House 
of Bepresentatives^ in General Court assembled, and 
by the authoritij of the same, That the Township or 
Plantation, Numbered Two, in the first range of 
townships, north of the Waldo Patent, as contained 
within the following described boundaries, be, and Bounaaries. 
hereby is established as a town, by the name of New- 
burgh, viz. : beginning at the south-east corner of the 
town of Carmel ; thence running west, by the south- 
erly line of said Carmel, to the town of Dixmont ; 



134! 



RANDOLPH EAST PARISH. Feb. 15, 1819. 



thence south, by the westerly line of said Dixmont, to 
the north line of the Waldo Patent ; thence easterly, 
by said patent line, to the south-west corner of Hamp- 
den ; thence northerly, by the west line of Hampden, 
to the place of beginning. And the said town of New- 
Coipaiatepow- burgh is hereby vested with all the corporate powers 
and privileges, and shall also be subject to all duties 
and requisitions of other corporate towns, according 
to the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace for the County of Penobscot, be, and he is 
hereby empowered to issue a warrant, directed to a 
freehold inhabitant of the said town of Newburgh, 
requiring him to notify and warn the inhabitants there- 
of, to meet at such convenient time and place, as shall 
be ap[»oinfed in said warrant, for the choice of such 
town oflBcers, as towns are by law required to choose 
and appoint, at their annual town meetings. 

[Approved by the Governor, February 15, 1819-] 



Fh-st meetins 



Persons incor- 
porated. 



CHAP. LXXX. 

An Act to incorporate the East Parish in Randolph. 

Sec. 1. JjE it enacted Jjy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same^ That Bailey White, 
Samuel Curtis, Isaac White, Isaac Whitcomb, A.sa 
Belcher, Sd, Isaac Thayer, 2d, Samuel Newcomb, 
Asa Porter, Nathan Pendergrass, Nathaniel Belcher, 
Thomas Belcher, Junior, Samuel Pendergrass, Ariel 
Paine, Daniel Faxon, Asa Reed, Shubael Clark, Na- 
than Johnson, Elphraim Whitcomb, Rodolphus Por- 
ter, Jonathan White, Robert Thayer, John Thayer, 
Nathaniel Hunt, 2d, Silas Paine, Junior, John Por- 
ter, Robert Pratt, Junior, Nathaniel Belcher, Junior, 
Elisha Belclier, Jonathan Hunt, Abner W. Paine, 
Simeon Whitcomb, Joseph White, William Linfield, 
William Madden, Richard Belcher, Junior, David 



RANDOLPH EAST PARISH. Feb. 15, 18i9. 125 

White, Elijah Porter, Davis Thayer, Joseph Thayer, 
Richard Belcher, Timothy Thayer, Elisha Thayer, 
Asa Belcher, Thomas Belcher, Benjamin Pratt, Silas 
Paine, Benjamin Paine, Junior, Cornelius White, Ja- 
cob Clark, John Adams, Jedediah French, Joseph 
Belcher, Junior, Caleb White, Ebenezer Thayer, 
Jeremiah Belcher, Ephraim Lincoln, Enoch Penni- 
mau, Zenas Thayer, Nathaniel Paine, Levi Thayer, 
David Whitcomb, Simeon White, Thaddeus French, 
and Sylvanus French, with their polls and estates, 
together with such persons as may hereafter associate 
with them, within the town of Randolph, as herein 
after provided, be, and they are hereby incorporated, 
and made a body politic and religious society, by the 
name of the East Parish, in Randolph ; and by that 
name may sue and be sued ; and the said corporation May sue and 
is hereby invested with all the powers and immuni- ^'^ ^"^*^" 
ties, to which other religi(Jh»8 societies are entitled by 
the constitution and laws of this Commonwealth, for 
religious purposes only ; and the said corporation is 
hereby authorized and empowered to take, purchase. May hold real 
and hold all real and personal estate, necessary and ^"'' p-^'sonai 
convenient to said corporation, as such religious so- 
ciety. 

Sec. 3. Be it further enacted, That all persons 
who dwell within the town of Randolph, and within 
one mile of the meeting house, now erected in said comiitions of 
East Parish, may become a member of said religious J"'"'"^^"*'^'^' 
society, on or before the first day of December, in the 
year of our Lord one thousand eight hundred and 
nineteen, on applying to the Clerk of said society, and 
depositing with that oflRcer a written declaration of 
intention to become such members, and delivering to 
the Clerk of the parish or society, in the westwardly 
part of Randolph, a certified copy of such declaration. 

Sec. 3. Be it further enacted, That all persons who 
shall remove into the town of Randolph, and dwellRigiitofbe. 
within one mile of the East Parish meeting house, bel^"^'"^'-^' 
may, within six months after having so removed into 
said town, become members of said religious society, 
hereby incorporated, on depositing with the Clerk of 
said society, a written declaration of their assent to 
become such members. 
17 



186 FISHERIES IN VASSALBORO'. Feh. 15, 1819. 

Sec 4. Be it further enacted^ That all the male 
inhabitants in the town of Kandolph. who may here- 
after attain to the a^e of twenty « wo years, and wlio 
shall actually dwell and have their homes within one 
mile of said East Parish meetioi^ house. shtUl be 
deemed to be, and considere»l as members of said reli- 
gious society? unless snch male inhabitant shall have 
Dissenters. deposited with the Clerk of said society, a declaration 
in writins;. of dissent to being deemed and considered 
such members. 

Sec. 5. Be it further enacted^ That the inhabitants 
Taxes to be of said East Parish shall be holden to pay their pro- 
paid, portion of all taxes, which have been already assessed 
by the town of Randolph, for parochial pnrposes. 

[x^pproved by the Governor, February 15, 1819.] 



CHAP. LXXXI. 

An Act in addition to the several acts for regulating 
the Fishery, in Seven Mile Brook, in the town of 
Vassalborough, in the County of Kennebec. 

15 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority uf the same, That from and after the 
passing of this act, the inhabitants of the town of Vas- 
salborough. at their annual meeting in March or April, 
shall have a right to sell and dispose of the privilege 
of taking alewives in the stream called Seven Mile 
Privileges maj Brook, in Said town, for any number of years, and in 
such way and manner as they may judge best, and at 
such price or prices, as may be agreed upon ; subject' 
however, in all other respects, to the existing laws, 
for regulating the said fishery, in the said Seven Mile 
Brook. 

[Approved by the Governor, February 15, 1819.] 



TURNPIKE.— FISHERY. Feb. 15, 1819. 1*7 



CHAP. LXXXII. 

An Act cH<char2;iMg the Union Turnpike Corporation 
from tiieir liability" to maintain part of said road. 

JfE it eimcted hy the Senate and House 
of Rppvpspntativett, in Ueneral Court aasembled, and 
by the authority of the same, That from and alter the 
passing of this act. the Union Turnpike Corporation 
be, and they hereby are forever discharged from their 
lial)ility to repair and maintiin all that part of the 
said turnpike road, laying eastwardly of its intersec- 
tion with the county road, leading from Groton to 
Concord, in the County of Middlesex ; any thing in 
their act of incorporation to the contrary notwith- 
standing. 

[Approved by the Governor, February 15, 1819.] 



CHAP. LXXXITI. 

An Act to repeal all laws heretofore made, for regu- 
lating the Aleuive Fishery, in the towns of Bridge- 
water and Halifax, in the County of Plymouth. 

OE it enacted by the Senate and House 
of Representatives, in General Court asspmhled^ and 
by the authority of the samPj That all the laws here- 
tofore made, f(»r regulating the alewive fishery, in the 
towns of Bridgewater and Halifax, in the County of 
Plymouth, or either of them, or that require any pas- 
sage way for said fish, at any mill dam in said towns, 
or either of them, excepting Pratt^s Dam, so called, 
in Titicut, be, and the same are hereby repealed, so 
far as they respect either of said towns. 

[Approved by the Governor, February 15, 1819.} 



1S8 ESSEX INCORPOllATED. Feb. 15, 1819. 



CHAP. LXXXIV. 

An Act authorizing the Proprietors of the Upper 
Locks and Canals on Connecticut River, to reduce 
the width of the same. 

Sec, 1. JjE if enacted by the Senate and House 
of Hefvesentatwes, in General Court assembled, and 
by the authority of the same^ That the Proprietors of 
the Upper Locks and Canals on Connecticut River 
deduction Qt he, and they are herehy authorized to stipport and 
Loeks. maintain locks on said canal, of the width of fifteen 

feet, instead of twenty feet;, as required by the act of 
incorporation. 

Sec. 2, Be it further enacted. That in estimating 

the toll on shingles, passing said locks and canals, 

six thousand of shingles shall be deemed and taken 

Tom. to be equivalent to one thousand of boards, and the 

same toll received therefor. 

[Approved by the Grovcrnor, February 15, 1819.] 



CHAP. LXXXV. 

An Act to incorporate the Second Parish of Ipswich 
into a town, by the name of Essex. 

Sec. 1. JjE if enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That all that part of the 
town of Ipswich, in the County of Essex, called the 
Second Parish, and lying within the boundaries here- 
inafter mentioned, together with the inhabitants there- 
of, be, and the same herehy is incorporated into a town, 
Newtown of by the name of Essex, and invested with all the pow- 
Essex. g^,g^ privileges and immunities, and subject to all the 

duties and requisiticuis to which towns in this Com- 
monwealth are by law entiiled or subjected ; the said 



ESSEX INCORPORATED. Feb. i5, 1819. 139 

town of Essex being bounded and described as follows, 
to wit : Beginning at the north-westerly corner of Bouo<iaries. 
William CoggswelFs land, at a small stone bridge in 
the road at the head of Choate's Brook, so called ; 
thence running south-westerly on the boundary of 
said Second Parish, to Hamilton line ; thence run- 
ning on differeut courses easterly and southerly, 
by said Hamilton line till it comes to Manchester line ; 
thence running easterly by said Manchester line, 
to a heap of stones on Gloucester line ; thence by said 
Gloucester line to the sea ; then beginning again at 
the bound first mentioned, and running down said 
brook to the creek, so called ; thence continuing down 
said creek to the river ; thence down the channel of 
said river on the north side of Hog Island to the sea. 

Sec. 2. Be it further enacted, That the said town 
of Ipswich shall have, hold and enjoy, to their own 
wse and benefit forever, the court house, situate in said 
town ; the powder house, with the military stores 
therein ; the grammar school house, witli the lands. Reservations. 
hereditaments, rents and profits heretofore received 
and belonging to the said grammar school ; and also 
the farm, with the buildings, stock and utensils, and 
all other personal property thereon and thereto belong- 
ing, lately purchased by said town of Ipswich, for a 
public poor house. 

Sec. 3. Be it further enacted, That the said town 
of Essex shall pay to the Treasurer of the said town 
of Ipswich, within the term of six months, their pro- 
portion of the debts due by and from the said town of 
Ipswich, and outstanding at the passing of tliis act, in Debts to he 
the proportion of thirty-one cents per dollar on the^"*"' 
whole amount thereof, which amount shall be ascer- 
tained by a committee of three persons from each of 
the said towns; and in case of their disagreement, then 
to be ascertained by three referees to be appointed by 
the Circuit Court of Common Pleas for said County 
of Essex ; and the said town of Ipswich shall pay to 
or set off with the said town of Essex, the sum of 
twenty-two hundred and seventy dollars. 

Sec. 4. Be it further enacted, That the said towns 
of Ipswich and Essex, shall respectively support and 
maintain all such persons as now are, or hereafter may 



130 CONGREGATIONAL SOCIETY. Feb. 15, 1819. 



Support oi 
paupei's. 



Taxes pi-ovid 
ed for. 



be inhabitants of the said towns respectively, or who 
were horn in, or have a derivative settlement through 
any person born in, or deriving a settlement from any 
ancestor, and are or may become chargeable as pau- 
pers, according t(» the laws of this Commonwealth, and 
who have not gained a settlement elsewhere. 

Sec. 5. Be it further enacted, That all taxes as- 
sessed, and not collected at the time of the passing of 
this act, shall be collected in the same manner, and 
paid to the Treasurer of the town of Ipswich, as if 
the separation of the said towns had not taken place. 

Skc. 6. Be it further enacted. That the agreement 
Compromise, between the said town of Ipswich, and the said Second 
Parish, made on the twenty-first day of December, in 
the year of our Lord one thousand seven hundred and 
fifteen, be, and remain as before the separation, and 
unaffected hereby in any respect whatever. 

Sec. 7« ^^ it further enacted^ That any Justice of 
the Peace for the said County of Essex, is hereby au- 
thorized to issue his warrant, directed to any free- 
holder in the said town of Essex, requiring him to 
warn the inhabitants thereof, to meet at such time and 
place as may be appointed in said warrant, for the 
choice of all such town officers as towns are by law 
required to choose at their annual meetings. 

[Approved by the Governor, February 15, 1819.] 



First meetins 



CHAP. LXXXVL 

An Act to incorporate the Second Congregational So- 
ciety in the First Parish in Springfield. 



Sec. 1. Be it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Jonathan Dwight, 
Bezaleel Howard, Samuel Orne, James S. Dwight, 
Jonathan Dwight, Junior, Joshua Frost, Daniel fiom- 
bard, Festus Stebbins, James Wells; Robert Emery, 



CONGREGATIONAL SOCIETY. Feb, 15, 1«19. 131 

Benjamin Day, John Howard, Eldad Stebbins, Sam- 
uel Benton, Daniel M Leonard, Ira Mede, xXustin 
Peck, Henry Benjamin, Joseph M. Sanborn, Samuel 
Kingsbury, Samuel Lyman, Charles Rice, Judah 
Ely, Ezra Osborn, Junior, Simon Sanborn, Daniel 
Pease, John Kice, Jonathan Strickland, Solomon M. 
Quivey, Seneca Cooley, John \L Hendrick, Elisha 
Collins, Henry Dwight, Nathaniel S. Jenks, Daniel Persons incor- 
Farmer, Joel Fuller, Joel Davis, Daniel S wetland, i'"''^'"'- 
Oran Eaton, Elam Sikes, Wells Lathrop, Charles 
Howard, William Rice, Walter Stebbins, Prentiss 
Pond, Ariel Cooley, Edmund Allen. Lemuel Steb- 
bins, Lemuel Charter, Daniel Hartung, Junior, John 
Crooks, Joel Allen, Edward Parsons, Thomas Rates, 
Joseph Hopkins, John Stebbins, ApoUos Marsh, Silas 
W, Searles, Henry Stearns, Aaron I. Miller, John 
Hall, Israel Hosfield, Lemuel G Robbins, David Bar- 
ber, Zenas Hancock, Lyman Cutler, Wait Dart. Jo- 
siah Bliss, Joseph Bangs, Simeon Prior, Amos Rice, 
Elizabeth Sheldon, Asahil Goodrich, Hannah Dwight, 
Levi Pinney, Jacob Cooley, Elias Ensign, Ezekiel 
Keith, Julius Dart, Solomon Woodward, Harvey 
Bates, James, Melvin, James Melvin, Junior, Daniel 
Ashley, George Cooley, Junior, David Newcomb, Jo- 
seph Stephens, William Butler, Daniel Austin, Junior, 
Daniel Field, Samuel Dale, Eliakim Benton, Solomon 
McQuivey, Isaac White, Allen I5angs, Ruel Hortou, 
Samuel M. Morgan, Daniel Chapin, Ira Daniels, 
Epaphras Buckland, Anson Snow, Jason Eddy, Paul 
G. Simons, Horace King, Benjamin Jenks, Joseph 
Buckland, Zebulon W. Slafter, Noah Paulk, Amos 
Jenks, Asa Talcot, Charles Russell, Ephraim Corn- 
ing, Washington Jenks, and Jonathan Benton, and 
their associates, with their families, polls and estates, 
be, and they are hereby incorporated into a religious 
society, by the name of the Second Congregational 
Society in the First Parish in Springfield, with all the 
powers, privileges, and immunities, to which parishes 
are entitled by the constitution and laws of this Com- 
monwealth ; and may purchase, receive by gift or oth-Mayiioidrcai 
erwise, and hold real and personal estate, the annual esia/ey'^""**' 
income of which, shall not exceed the sum of two 
thousand dollars^ for the purpose of supporting public 



iS2 



CONGREGATIONAL SOCIETY. Feb, id, 1819. 



ProvTso. 



worship therein ; and may also ordain and establish 
Rules and reg- guch by-laws and regulations as to them shall seem 
uiaiior.s. necessary and convenient for the government of their 
society, and the management of their ministerial funds ; 
provided, such by-laws and regulations shall be in no 
wise contrary to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted^ That any person 
who may hereafter be desirous of joining the said Sec- 
Membership, ond Congregational Society, and shall certify the same 
to the Clerk of the said town, which certificate shall 
be recorded by the said Clerk, shall thereafter, with 
his or her polls and estate, become a member of said 
Second Congregational Society ; provided, that such 
person shall pay to the parish or society, which he 
may leave as aforesaid, his or her proportion of all 
parish or society taxes assessed, and not paid at the 
time of filing such certificate with the Town Clerk as 
aforesaid. 

Sec. 3. Be it further enacted, Tiiat any member 
of the said Second Congregational Society, who may 
at any time hereafter be desirous of leaving the said 
society, and joining any other parish or religious so- 
ciety in said town, and shall certify the same to the 
Town Clerk of said town, which certificate shall be 
recorded by said Clerk, shall thereafter, with his or 
her polls and estate, become a member of such other 
parish or religious society : Provided, however, that 
such person shall be held to pay to said Second Con- 
gregational Society, his or her proportion of all soci- 
ety taxes assessed, and not paid at the time of filing 
said certificate with the Town Clerk as aforesaid. 

Sec. 4. Be it further enacted. That every member 
of said Second Congregational Society, who has sub- 
scribed fifty dollars for the use of said society, or shall 
become a proprietor in any pew in such meeting house 
as shall be built for the use of said society, to the 
value of fifty dollars, shall be entitled to vote in all 
meetings of said society, for the management of their 
concerns. 

Sec. 5. Be it further enacted. That any Justice of 
the Peace for the County of Hampden be, and he is 
hereby empowered, on application therefor^ to issue 



Conditions of 
secession. 



Privileges. 



SUF. BANK.— GOV'S. SALARY. Feb. 16, 1819. 133 

his warrant to some member of said Second Congre- 
gational Society, requiring him to notify and warn the 
members thereof, to meet at such convenient time and First meeting. 
place, as shall be appointed in said warrant, for the 
election of such officers as parishes are by law requir- 
ed to choose at their annual meetings, and to transact 
such other parochial business as may be authorized by 
said warrant. 

[Approved by the Governor, February 15, 1819.3 



CHAP. LXXXVII. 

An Act to repeal the eighth section of an act, entitled 
^^ An act to incorporate the President, Directors and 
Company of the Suffolk Bank." 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the eighth section 
of an act, entitled ^^ An act to incorporate the Presi- 
dent, Directors and Company of the Suffolk Bank," 
passed the tenth day of February last, be, and the 
same is hereby repealed. 

[Approved by the Governor, February 16, 1819.] 



CHAP. LXXXVIII. 

An act to repeal an act, entitled " An act for estab- 
lishing a salary, of a fixed and permanent value, for 
the Governor, and repealing a law heretofore made 
for that purpose." 

X>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That an act, entitled <^ An 
18 



13^! PITTSFIELD FIRE INS. CO. Feb. 16, 1819. 

act for establishing a salary, of a fixed and permanent 
value, for the Governor, and repealini; a law hereto- 
fore made for that purpose,'' passed on the thirteenth 
day of Febrnary, in the year of our Lord one thousand 
seven hundred and eighty-mne, be, and the same 
hereby is repealed. 

[Approved by the Governor, February 16, 1819.] 



CHAP. LXXXIX. 

An Act incorporating the Pittsfield Mutual Fire In- 
surance Company. 

Sec. 1. 13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Josiah Bissell, 
Persons incor- Hcnry H. Childs, Phinchas Allen, Henry C. Brown, 
poiated. Solomon Warriner, Ezekiel R. Colt, Moses Warner, 

Jason Clapp, Simeon Brown, Jonathan Allen, 2d, 
Thomas B. Strong, CaHin Martin, William C. Jarvis, 
and their associates, shall be a corporation, together 
with all other persons within the County of Berkshire, 
who may become members thereof, under the name of 
the Pittsfield Mutual Fire Insuance Company, and 
enjoy all the privileges and powers incident to corpo- 
rations. 

Sec. 2. Be if farther enacted, That for the well 
ordering and governing said corporation, they shall^ 
at a meeting of the said company, to be held annually, 
on the first V\ ednesday of October, choose five Direc- 
tors, and such other officers as may be deemed neces- 
sary for the management of said corporation ; and any 
three of the Directors are to constitute a quorum for 
the transaction of business. 

Sec. 3. Be it further enacted, That the said cnm- 

Limitation. pauy are authorized to insure against loss or damage 

by fire, originating from any cause, excepting design in 

the insured, any dwelling house or other building, with 

their contents, within the County of Berkshire, for any 



Annual elec- 
tion of Direc- 
tors. 



PITTSFIKLD FIRE INS. CO. Fel, 16, 1819, 135 

term not less than one nor more than seven years, and 

to any amount not exceeding four fifths of the value 

of the property insured. And if any member shall 

sustain damage hy fire, in property insured by the ' 

company, the sum which the insured may have a right 

to claim, shall be assessed, by the Directors, up>»a 

each member of the company, in proportion to the sum 

by each member insured, or made liable to contribute 

to losses. 

Skc. 4. Be it farther enacted, That every person 
shall be deemed and held to be a member of this cor- 
poration, who has an interest in any property insured Membership.. 
by said person with the company ; but his or lier rights 
are to cease, whenever said member parts with his or 
her le2;al or equitable interests in the property insured ; 
and his or her liabilities are to be at an end, whenever 
said member notifies, in writing, the Directors, that he 
or she has no longer any interests in the property in- 
sured by the company: Provided, however, that the Proviso., 
rights and liabilities of every member are to devolve 
on said member's heirs, executors and administrators. 

Sic. 5 He it further enacted. That whenever any 
loss by fire, shall happen to a member, upon any pro- 
perty insured by the company, said member is to give 
notice thereof to the Directors, or any one of them, 
^vithin forty eight hours after the same happens ; and Kodfication or 
the Directors are immediately to view the same, and '°'*^'^*" 
determine, in writing, under their hands, the extent of 
the company's liabilities. And if the sufferer will not 
acquiesce in their determination, he or she may bring 
an action at law, against the sait^ company, at the first 
Court competent to try the same, sitting within the 
County of Berkshire ; and if said sufferer does not 
recover more than the amount determined upon by the 
Directors as aforesaid, said member is to become non- 
suit, and the company is to recover their costs : Pro- Proviso. 
vided, the said judgment shall not bar the said sufferer 
from claiming the amount determined to be due him 
by the Directors as aforesaid, within thirty days from 
the said non-suit. But in case the said member suffer- 
ing, shall recover more than the amount determined by 
the Directors as aforesaid, judgment shall be entered 
up in his favor, for the whole sum found by the ver= 



136 PITTSFIELD FIIIE INS. CO. Feb. 16, 1819. 

diet, with interest at the rate of twelve per centum per 
annum, added thereto, with full costs ; but execution 
shall never issue against the said company. 

Sec. 6. Be it further enacted. That whenever any 
member shall have a claim upon the several members 
of the company, in case of any loss or judgment as 
Directors fo as- aforcsaid, ihc Directors shall assess the amount of such 
amages. j^^^ or judgment, together with a reasonable compen- 
sation for themselves and other officers of the company, 
upon each and every member thereof, according to 
their respective liabilities ; requiring each member to 
pay his or her proportion of the loss or judgment, as 
assessed upon them, with interest on demand, to the 
person who has a claim as aforesaid, or to his or her 
agent or attorney. And such bill of assessment, be- 
ing signed by a major part of the Directors, and conn- 
tersigned by the Secretary, and delivered to the 
claimant within twenty days after his or her claim 
shall be liquidated, either by agreement of parties or 
judgment of Court, shall operate a complete discharge 
of the company, as such, and a release of any judg- 
Pioviso, ment which the claicaant may have against it: Provided, 
that the claimant first pay the charges of making «p 
the assessment, and discharge the company from any 
claim or judgment he or she may have against it. 

Sec. 7' Be it further enacted, That in case the Di- 
rectors, whose duty it may be, shall neglect to tender 
a bill of assessment in the cases contemplated by the 
foregoing section, in manner therein prescribed ; or in \ 
case the Directors neglect to determine the loss of any 
party claiming, any party aggrieved thereby, may, at 
any time within one year from the time of such neglect ! 
Directors may ^^ ^^'® Directors, bring an action agaiust such negligent 
be prosecuted Dlrcctors, or suc a writ of scire facias against them, 
j)i negLc ypQjj ^|jg judgment which said party may have against 
the company, and have judgment and execution against \ 
said negligent Directors, in their individual capacity. 
And in this case, said negligent Directors shall be en- 
titled to demand and have of the Directors for the time 
being, within thirty days after judgment against them 
as aforesaid, a bill of assessment in their favor, and 
for their reimbursement, in form prescribed by this act ; 



PITTSFIELD FIRE INS. CO. Feb. 16, 1819. 137 

but neither the costs of the judgment or execution, shall 
be assessed for them. 

Sec. 8. Be it further enacted, That every bill of 
assessment, authenticated in manner herein prescribed, Liability to as- 
shall confer upon the party in whose favor it shall be *"'"'^"^* 
made, and the heirs, executors and administrators of 
such party, authority, in their own names, to collect, 
sue for and discharge every and each person made lia- 
ble thereby: Provided^ however, that no action shall Proviso, 
be commenced against any person whatever, until sixty 
days after demand made, in virtue of said bill of as- 
sessment. 

Sec. 9. Be it further enacted. That the Directors 
are to determine the nature and hazard of all risks ; 
and all those which may be deemed more hazardous 
than ordinary, are to contribute to losses upon a larger Amount ot 
sum than that at which they are actually insured ; and ^'^'^' 
the Slim upon M^iieh the insured is to contribute, is to 
be distinguished in the policy, from the sum on which 
insurance is made. 

Sec. 10. Be it further enacted, That if any mem- 
ber of this company shall insure any property, insured 
by this corporation, with any other individual or in- Forfeitures. 
surance company, without the consent of the Directors 
of this company, such member shall forfeit his or her 
insurance in this corporation, but is not exonerated 
from the liability to contribute to losses. 

Sec. 11. Be it further enacted, That any two of 
the aforementioned associates may, as soon as they 
deem proper, call a meeting of the said corporation. First meeting, 
to be held at such time and place as they may judge 
proper, by a notification printed in the Pittsfield Sun, 
seven days previous to the time of holding such meet- 
ing, in order that said corporation may organize them- 
selves, make suitable by-laws, and proceed in the 
business of the association. 

[Approved by the Governor, February 16, 1819.] 



138 



SUFFOLK WHARF. 



Feh 17, 1819. 



CHAP. XC. 

An Act to incorporate the Proprietors of Suffolk 
Wharf, ill the town of Boston. 



porated. 



General pow- 
ers. 



Sec. 1. IfVj it enacted hy tJie Senate and House 
of Uepresentatioes, in General Court assembled, and 
by the authority of the same y Tliat John Welles, Wil- 
Persons inoor- Ham Payne, Edmund Monroe, Otis Clap, and others, 
tlieir associates, successors and assigns, be, and they 
hereby are cnnstituted a body politic and corporate, by 
the name of the Proprietors of the Sufftdk Wharf; 
and the said corporation, by the same name, are here- 
by declared and made capable in law, to sue and be 
sued, to plead and be impleaded, to have a common 
seal, and the same to alter and renew at pleasure, to 
make rules and by-laws for the regulation and man- 
agement of the estate hereinafter described, consistent 
with the laws of the Commonwealth ; and generally 
to do and execute whatever, by law, shall appertain to 
bodies politic. 

Sec 3. Be it further enacted, That the said cor- 
poration be, and hereby is declared capable to have, 
hold and possess certain real estate situate in said 
Boston, bounded and described as follows, to wit : 
beginning at the westerly corner of the red store which 
was formerly occupied by Thomas Lewis, as his count- 
ing room, and thence running northerly by the end 
of said store, and across the passage way, which 
leads from Fish Street, down Lewis' Wharf, so call- 
ed, forty feet, to land late of Daniel Barker, deceased ; 
thence running south-easterly, by said Barker's land, 
as the buildings stand, about one hundred and fifty 
feet, to the head of tiie dock, at the end of said Bark- 
er's land and wharf ; thence running north-easterly, 
by the head of said dock, and by said Barker's land, 
twenty-two feet ; thence running south-easterly again, 
by the ilats and wharf of the heirs or assigns of the 
late John Hancock, Esquire, out to low water mark, 
or the channel ; thence bounded south-westerly, by a 
line parallel to said Lewis' Long Wharf, and eighty 



Boundaries. 



SUFFOLK WHARF. Feb, 17, 1819. 139 

feet distant therefrom, and bounding on flats, owned 
by the proprietors of Exchange Wharf, until it reach- 
es said Exchange Wharf; thence running more north- 
erly, and bounding on said wharf, until it comes to 
the capstone of Lewis' Short Wharf, so called ; and 
thence runuing through said Short W harf, about one 
hundred and forty feet, to the first mentioned bounds ; 
together with all the wharves, docks, rights of ways, 
buildings, privileges, and appurtenances thereof; 
provided, the lawful proprietois thereof, shall legally 
convey the same to said corporation. And the said 
corporation shall have power to sell, grant and alien, corporation 
in fee simple, or otherwise, their corporate property, "\»>^'^"f«{'- 
or any part thereof, within the said described limits,' 
and lease, manage and improve the same, according 
to the vv'ill and pleasure of the said corporation, to be 
expressed at any legal meeting: Provided always,Vvo\hv. 
and it is hereby well understood, that nothing herein 
contained, shall be construed into any grant or con- 
firmation of title to land, in the said associates, or 
corporation ; or into any authority to extend the di- 
mensions of said wharf beyond the title and authority 
which the present proprietors thereof, now have and 
possess, in this behalf. 

Sec. 3. Be it further enacted, That the said cor- 
porate property shall be divided into shares, not ex- shares 
ceedingtwo hundred in number, as the said corporation 
may find to be most expedient ; and said shares shall 
be divided among the several proprietors, according 
to the interest and portions which they respectively 
may have in the said corporate property ; and certifi- 
cates of such shares shall be signed by the President 
of the corporation, and issued to the proprietors ac- 
cordingly ; and the shares in said corporation shall be shares aan:^ 
transferable, by endorsement on the back of said cer-*^"^"'*^"^' 
tificates ; and the property in said shares shall be 
vested in the assignee or vendee thereof, when a 
record shall be made thereof, by the Clerk of the cor- 
poration, and new certificates shall be issued accord- 
ingly ; and such shares shall, in all respects, be 
consi<lered as personal estate. 

Sfc. 4. Be it further enacted, That the said cor- 
poration shall have power, from time to time, to assess 



140 



SUFFOLK WHARF. 



Feb. ±7, 1819. 



AsGesstnents. 



Delinquent 
shares may be 
sold. 



Ptivilege of 
votiuar. 



Provisos. 



Public notice 
to be given. 



Meeting for 
choice ol" offi- 
cers. 



such sums of money as may be deemed necessary for 
rebuilding or repairing any buildings whatever, or 
other property of said corporation, or necessary for 
the building of any new wharves or tenements within 
the aforesaid limits, or for the improvement and good 
management of the corporate estate, agreeably to the 
true intent and meaning of this act. And in case any 
proprietor shall refuse or neglect to pay any assess- 
ment, the said corporation may cause such of the shares 
of such proprietor, as may be sufficient therefor, to be 
sold at public auction, after ten days notice, to the 
highest bidder ; and after deducting the amount as- 
sessed and unpaid, together with the charges of sale, 
the surplus, if any, shall be paid over to such propri- 
etor ; and the purchaser of such share or shares, so 
sold, shall be entitled to and receive a certificate of 
the share or shares by him purchased accordingly. 

Sec. 5. Be it further enacted, That the corporate 
property, which the said corporation shall have and 
hold, at one time, in virtue of this act, shall not ex- 
ceed in value the sum of two hundred thousand dol- 
lars ; and in all meetings of the members of said cor- 
poration, for the transaction of business, each member 
or proprietor shall be entitled to one vote for every 
share by him held in said corporation : Provided aU 
waySy that no one member shall ever be entitled to 
more votes than shall be equal to one third part in 
value of the corporate property; and provided f urther, 
that no assessment shall be made at any meeting, un- 
less the same shall be agreed to by two thirds, at least, 
in number and value, of those present, or represented 
at such meeting ; nor unless public notice shall have 
been given, at least ten days previous to such meet- 
ing, of the purpose of such meeting, by publication 
thereof in one or more newspapers printed in Boston. 
Proprietors may appear and act at any meeting by 
proxy, in writing. 

Sec. 6. Be it further enacted. That either of them, 
the said Welles, Payne, Munroe, or Clap, may call a 
meeting of said corporation, by advertising the same 
in any of the newspapers printed in Boston, ten days 
at least before the time of meeting ; and that the said 
liorporatioa may, at such or any other meeting, agree 



LOGS, MASTS, SPARS, &c. Feb, 17, 1819. 141 

on the mode of calling future meetings, and shall elect 
a President and Clerk, and may elect all such other 
officers, as said corporation may think fit, for conduct- 
ing and managing the corporate affairs and estate, and 
the same may change and remove, as the said corpo- 
ration shall see fit. 

[Approved by the Governor, February 17, 1819] 



CHAP. XCI. 

An Act explanatory of an Act, entitled ^^ An act 
in addition to the several laws now in force, to se- 
cure to owners, their property in Logs, Masts, 
Spars, and other Timber." 

Sec. 1. OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the samef That the second section 
of said additional act, shall not be construed to repeal Construction 
the acts, or any part of the act or acts, made before °' ''*'"• 
the ninth day of February, eighteen hundred and 
eighteen, for securing to owners, their property in logs, 
masts, spars, and other timber, in Saco River, any thing 
in said additional act, to the contrary notwithstanding. , 

Sec. 2. Be it farther enacted, That all acts made 
for the regulation of timber in Saco River, and for se- 
curing ii) owners, their property therein, shall hereaf- Application 
ter be extended and applied to Great Ossipee and""^'' 
Little Ossipee Rivers, so called ; and all other streams 
which empty into said Saco River, within this Com- 
monwealth, any thing in any act, to the contrary not- 
withstanding. 

Sec. 3. Be it further enacted, That all logs, masts, 
spars, or other timber, put into any river, pond, or 
stream, in the District of Maine, for the purpose of 
being floated to market, and mixed with other logs, 
masts, spars, or other timber, and in such manner as 
they cannot be separated ; such logs, masts, spars, or 
t)ther timber, shall be holden, by their marks, to pay 
19 



I 



14.S MEETING HOUSE LANDS. Feb. I7, I8I9. 

the person or persons, who shall drive the same, a 
* Componsation reasonable sum for so drivins;, unless the owners 

tor driving • r» « n i i 

stray logs. thereoi snail appear and pay to those persons, who 
drove any logs, laasts, spars, or other timber, within 
thirty days after such service is perf(»ru)ed ; and, at 
the expiration of said thirty days, the person or per- 
sons, performing said service, shall have full power 
to sell, at public vendue, so many of said log**, mjists, 
spars, or other timber, as shall pay the full expense 
for driving the same, after giving fifteen days notice, 
by posting up advertisements in two or more public 
places in the town where the owner or owners reside. 
And if any surplus shall remain, over and above what 
shall compensate such person f(U' his trouble and ex- 
penses, the same shall be returned to the owners 
thereof. 

[Approved by the Governor, February 17? 1819.] 



CHAP. XCII. 

An Act to authorize the sale of certain Lands of the 
Proprietors of tiie Meeting House of the First Re- 
ligious Society, in Newburyport. 

Sec. 1. OE if enacted by the Senate and House 
of RepreaeritaHves^ in General Court a^sembled^ and 
by the autli^prlty of the same, That Nicholas Johnson, 
Junior, Eleazer Johnson, and John R. Hudson, be, 
and they hereby are authorized and empowered to 
May sell real sell and couvey all and singular the real estate owned 
by the proprietors of tiie meeting house of the First 
Religious Society in Newburyport, whicii is situated 
in Common Pasture, so called, and in said town of 
Newburyport ; and to make, execute, and deliver to 
the purchaser or purchasers thereof, good and sufli- 
cient deed or deeds of conveyance of the same. 

Sec. 2. fie it further enacted. That all monies 
arising from the sale aforesaid, shall be placed on in* 



STATE DEBT. Feh. 18, 1819. H8 

terest, on such security as shall he deemed hy their 
coaimittee, for the time being, to be most safe and 
certain. 

[Approved by the Governor, February 17; 1819.] 



CHAP. XCIII. 

An Act providing for the payment of One Tenth Part 
of the State Debt. 



Sfc. 1. ||E it enacted hy the Senate and House 
of Representatives in General Court assembled^ and 
hy the authority uf the same, That the Treasurer of 
the Commonwealth be, and he is hereby directed and 
empowered to pay, on the first day of July next ensu- Payment of 
in^, oue tenth part of the debt due from this Com- ^''^'^^'^'^*" 
monwealth, on notes issued on authority and in behalf 
of this Commonwealth, bearing an interest of five per 
centum per annum, in addition to the interest which 
shall then have accrued thereon. 

Sfc. 3. Be it farther enacted, T'lmtilvtTvensurav 
shall issue new notes to the several holders of the 
notes aforesaid, similar to those issued under the act 
of June fourteenth, in the year of our Lord one thou- 
sand eight hundred and ten, entitled '^ An act repeal- 
ing an act providing for the payment of two fifth parts 
of the J" tate Debt, and for other purposes, and provid- 
ing for the payment of one fifth part of the State Debt, 
and for other purposes," mutatis mutandis^ for the 
balance which shall be due to them, after deducting 
and paying off one tenth part of the State Debt as New state 
aforesaid Arid the one tenth part of the State Debt ^'o^^'^- 
as aforesaid, shall cease to bear interest after the first 
day of July next : Provided, hoivever,i\mi the Trea- 
surer shall issue no new note for a less sum than twen- 
ty dollars; but in any case where, after the deduction provisos, 
of one tenth, it would be incumbent on him to issue 
any such note, he he, and he is hereby directed and 
empowered wholly to pay the same : And provided^ 



14Jj REPUBLICAN INSTITUTION. Feb. 18, 1819. 

alsOf that the Treasurer shall not include in any new 
note to be issued, the fractional parts of a dollar ; but 
such fractional parts of a dollar shall be paid by him, 
in addition to the instalment of ten jper centum, pro> 
vided to be paid as aforesaid. 

Sec, 3. Be it further enacted, That all money now 
in the hands of the Treasurer, or which may hereafter 
Appropriajtioa comc iuto his liauds, bc appropriated to the purposes 
aforesaid, excepting such sums as may be necessary 
for defraying the expenses of the government, and 
such as have been, or may be otherwise appropriated 
by law. 

[Approved by the Governor, February 18, 1819.] 



of money. 



CHAP. XCIV. 

An Act to incorporate William Ingalls, and others, 
into a Society, by the name of a Republican Insti- 
tution, in the town of Boston. 

Sec. 1. JjK it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That William Ingalls, 

Persons iiicop- Ebcuezer Clough, Joseph N. Howe, Abraham II. 

poiae . Quincy, Peter P. F. Degrand, Jonathan Simonds, 
Daniel Adams, Robert H. Thayer, Thomas Badger, 
Thaddeus Page, Davis C. Ballard, Rolun Hartshorn, 
and William Gale, together with all others, who now 
are, or hereafter may be associated with them, be, and 
they are hereby constituted a body politic and corpo- 
rate forever, for the purpose of procuring a building, 
and keeping it in repair, with suitable apartments for 
a reading room, library, and the meeting of the said 

General pow. society, by the name of a Republican Institution, in 
the town of Boston ; and by that name, may sue and 
be sued, plead and be impleaded, answer and be an- 
swered unto, defend and be defended, in all courts 
and places whatsoever, in all actions, real, personal 
and mixed ; and the said corporation shall have full 



crs. 



E. HE WINS, &c. SET OFF. Feb. 18, 1819. 145 

power to make, have and use a common seal, and the 
same to break, alter and renew, at pleasure ; and 
shall have, exercise and enjoy, all the powers and 
privileges incident and usually granted to other cor- 
porations, of a like nature and purpose. 

Sec. 2. Be it further enacted^ That the said cor- 
poration be, and the same is hereby made capable in May houi rcai 
law, of having and holding, by gift, grant, devise, or^^^^^'^ 
otherwise, any estate, real or personal ; provided, the Proviso. 
same shall not exceed the annual income of five thou- 
sand dollars. And the said corporation may, annu- 
ally, or at any special meeting, called for the purpose, 
make, establish, and put in execution, such by-laws, 
rules and regulations, as to calling future meetings. Rules and rc^- 
the election of officers, and the admission of members, "'^''°"^- 
as they may judge to be necessary and expedient ; 
provided, that such by-laws, rules and regulations, 
shall not, in any case, be contrary to the constitution 
and laws of this Commonwealth. 

Sec. 3. Be it further enacted, That any three of 
the persons named in this act, be, and they are hereby 
empowered, by advertisement in any one or more First meeting. 
newspapers, printed in Boston, to call a n;ieeting of 
the members of the said institution, to be holden at 
such convenient time and place as shall be appointed 
in said advertisement, to organize the said institution, 
by the election and appointment of its officers. 

£x\pproved by the Governor, February 18, 1819.] 



CHAP. XCV, 

An Act to set off Elijah Hewins and Norman Lester, 
from Great Barrington to Alford. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives^ in General Court assembled^ and 
by the authority of the same, That Elijah Hewins Persons set off. 
and Norman Lester, with their families and estates, 
be, and they are hereby set off from the town of Great 



i46 



TIMBER AND WOOD. 



Feh. 18, 1819. 



Taxes to be 
paid. 



Boundaries. 



Barrington, and annexed to the town of Alford, in the 
County of J*?erkslui'c ; and shall hereafter be a part of 
the same, as fully and completely, as if it had been 
originally a part of said Aiford : Provided, hnvever, 
that the said Hewins and Lester shall be hcdden to 
pay to the said town of Great Harrington, their pro- 
portion of all stite, county, town, parish, and school 
taxes, assessed and not paid, prior to the passing of 
this act. 

Sec. 2. Be it furtJipr enacted, That the easterly 
line of Aiford, by the addition of the lands aforesaid, 
shall be ascertained and determined to commence at 
the old western town line, on the south side of lot 
number seventeen, and thence running easterly by and 
with the south line of said lot number seventeen, and 
adjoining the higliway there, until it intersects the 
range of the easternmost line, running between Aiford 
and Great Harrington, containing about one hundred 
and four acres. 

[Approved by the Governor, February 18, 1819.] 



Course of law 
required. 



CHAP. XCVI. 

An Act to prevent the waste and destruction of Timber 
and Cord Wood. 

Sfc. 1. 1>E it enacted by the Senate and House 
of Representatives, in General Court assembled^ and 
by the authority of the same, That any person, seized 
of a freehold estate, or of a remainder or reversion, in 
fee simple or fee tail, in a lot or tract of wood land in 
this Common wealth, whereon the trees shall have come 
to an age and growth fit to be cut, may prefer a peti- 
tion to the Supreme Judicial Court, holden in any 
county, representing the state and condition of such 
trees, and praying that the same may be felled and 
sold, and the proceeds thereof invested for the use of 
the persons interested in such wood land ; and the said 
Court may thereupon order due notice to be given to 



TIMBER AND WOOD. Feh. 18, 1819. 147 

all persons known to be interested therein, to appear 
and show cause, if any they liave, why the prayer of 
such petition should not be granted ; and after hearing 
the parties, if any shall appear, may appoint one or 
more persons to examine said wood land ; and if, from 
their report, or other evidence which shall be exhib- 
ited to the Court, it shall appear that the trees upon 
said land are of an age and growth fit to be cut, and 
likely to deteriorate in value, the said Court may, and 
they are hereby empowered to license and order, on 
such terras and conditions as said Court shall require, 
the whole, or such part of such trees as they shall 
think proper, to be felled and sold, and the money 
arising from the sale thereof, to be brought into Court, 
subject to their further order. 

bEC. :3. Be it further enacted, That the said Court 
shall and may appoint one or more commissioners, Commissionets 
whose duty it shall be to superintend and direct tbe'"'""''""^'^''*'"^^ 
felling of said trees, and the sale of the same, and to 
account to said Court for the proceeds thereof, and 
also to give bond to the Clerk of said Court, or such 
other person as the Justices of said Court shall ap- 
point, for the faithful performance of the trust. And 
the said Court may, and they are hereby further em- 
p(»wered, to cause the net proceeds of said trees, after 
paying iill necessary expenses and charges, to be in- 
vested in other real estate in this Commonwealth, or 
in public stocks, at their discretion, to be holden to 
the same uses, and subject to the same limitations, as 
sudi wood land, and the income and profits thereof, to 
be paid to the person or persons entitled to the income 
and profits of said wood land ; or to be paid and ap- 
portioned to and among tlie several persons interested 
in the same estate, in such portions as to the said Court 
shall appear just and equitable ; and also to appoint 
one or more Trustees to take and hold such estate or 
stock for the uses aforesaid ; and such Trustees to re- Trustees to 
move, and others appoint in their stead, when, and go ^"^^^^ ^'^"=''- 
often, as the security and good management of the pro- 
perty shall require it ; which Trustees shall nlso give 
bond, with good and sufficient sureties, to said Clerk 
or other person, as aforesaid, for the faithful execu- 
tion and performance of the said trust. 

[Approved by the Governor^ February 18, 1819.] 



148 REMEDIES IN EQUITY. 



Feh, 18, 1819. 



CHAP. XCVII. 

An Act to establish the Salaries of certain Officers, 
therein named. 



Salaries. 



Secretary's 
Fees, 



Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the following be 
established as the annual salaries of the officers here- 
inafter named, to commence from the last Wednesday 
in May last, and to be paid hereafter in quarterly 
payments '. The Lieutenant Governor, five hundred 
thirty. three dollars, thirty three cents; the Treasurer 
and Receiver Greneral, two thousand dollars ; the Sec- 
retary of the Comnionvv^ealth, two thousand dollars. 

B%c. 2. Be it further enacted, That the Secretary 
of the Commonwealth be required to exhibit to the 
Governor and Council, a quarterly return, under oath, 
of all sums received by him, as fees in his office, which 
shall be deducted from his salary, and a warrant is- 
sued only for the balance found due. 

[Approved by the Governor, February 18, 1819.] \ 



CHAP. XCVIII. 



An Act in further addition to an act, giving remedies 
in Equity. 



Condition of 
ttssisrnments. 



Sec. 1. i%Ei it enacted by the Senate and House 
of Representatives, in Generfil Court assembled, and 
hy the authority of the same, That when it shall appear 
to the Court, in any suit, which is or may be pending, 
for the redemption of lands or tenements, granted and 
held upon condition, by force of any deed of mort- 
gage, or bargain and sale with defeasance, that, by 
reason of any assignment or conveyance thereof, be- 
fore the commencement of such suit, or for any other 
cause, it is necessary to the attainment of justice, that 
some other person claiming or holding by force of such 



REMEDIES IN EQUITY. Feh, 18, 1819. 149 

conveyance, should be made party to the suit with the 
original defendant, the Court may, on motion^ and 
upon such terras, with regard to costs, as they shall 
deem reasonable, order such person to be made a party 
to the suit, by serving him with an attested copy of 
the original bill in equity, and the motion and order 
thereon, in such manner as the Court may direct. 
And upon the appearance or default of the person so 
summoned, the suit shall proceed in the same manner 
as if he had been originally made a defendant. 

8ec. 3. Be it further enacted, That when a de- 
cree shall be made for the redemption of any lands or decrees of Re- 
tenements granted and held as aforesaid, the Court '^'"^' " " 
shall have power to enter a decree or judgment, and 
to award execution against any defendant or defend- 
ants, jointly or severally, as the case may require, for 
such amount in damages, as shall, in equity and good 
conscience, be found due from him or them respective- 
ly, for the rents and profits received, over and above 
the sums reasonably expended in repairing and better- 
ins; the estate to be redeemed. 

Sec. 3. Be it further enacted, That when any 
sum of money shall have been brought into Court, in 
any suit for the redemption of lands or tenements 
granted and held as aforesaid, the Court shall have 
power to deduct therefrom such sum as the party for 
whose use it was brought in, may be justly chargeable 
with, by reason of rents and profits which he has re- Powers of 
ceived, or costs awarded against him in the same suit;*"°"'^' 
and the amount, so deducted, shall be restored to the 
party who brought in the same. And if any person to 
whom money is ten<lered, in order to redeem lands or 
tenements granted and held as aforesaid, shall receive 
of the person tendering the same, a larger sum than 
lie is justly entitled to retain, he shall be held to ac- 
count for the excess, in manner aforesaid. But if the 
party receiving such excess, shall release his right to 
the lands or tenements, without any suit in equity be- 
ing brought, it may be recovered in an action of as- 
sumpsit for money had and received to the use of the 
party who paid the same. 

[Approved by the Governor, February 18^ 1819.] 
20 



150 NAMES CHANGED. Feb. 18, 1819. 

CHAP. XCIX. 

All Act to change the Names of certain Persons, therein 
mentioned. 

OE it enacted hij the Senate and House 
vf TiejJresentatwes, in General Court assembled, and 
bij the authority of the same, That Joseph Bartlett, 3d, 
of Piyiuduth, shall be allowed to take the name of 
Joseph Henry Bartlett; tiuit Nathaniel Bishop, Jun- 
ior, of V\ inthrop, shall he allowed to take the name 
of Nathaniel Cony Bishop ; that John Brewer, of 
Eraminghara, shall be allowed to take the name of 
.John Maitland Brewer ; that Abigail Brooks, wife of 
John Brooks, of Boston, sliall be allowed to take the 
XtinK's name of Mary Abigail Brooks ; that Mary Hart Bull, 

dianged. daughter of James Bull, of Northampton, shall be al- 
lowed to take the name of Elizabeth Miller Hart Bull; 
that Cliarles Forbes, of Northampton, shall be allow- 
ed to take the name of Charles E. Forbes ; that George 
Carey, of Chelsea, shall be allowed to take the name 
of George Blankern ^'arey ; that Charles Dexter, of 
Boston, son of Aaron Dexter, shall be allowed to take 
the name of Charles Parker Dexter ; that Susanna 
Lewis Nickolson Delano, daughter of Mercy Delano, 
of Boston, shall be allowed to take the name of Mary 
Elizabeth Nickolson ; that Edward Gannet, of Salem, 
shall be allowed to take the name of Kdward Farley ; 
that Samuel Gooch, of Boston, shall be allowed to 
take the nanie of Samuel Davenport Gooch ; that Su- 
san Elizabeth Green, daughter of Andrew Green, of 
Boston, shall be allowed to take the name of Eliza- 
beth Heath Green; that Charles Hayward, son of 
Caleb Hayward, of Boston, shall be allowed to take 
the name of Charles Rice Hayward ; that Stephen 
Little, Junior, of Newbury, shall be allowed to take 
the name of Stephen William Little ; that Lewis Rob- 
inson Paige, son of Timothy Paige, of Hardwick, shall 
be allowed to take the name of Lucius Robinson Paige; 
that William Paige, of Boston, shall be allowed to 
take the name of James William Paige ; that Samuel 



NAMES CHANGED. Feb. 18, 1819. irH 

Parker, son of Samuel Lillie Parker, of Boston, shall 
be allowed to take the name of Lucius Chaniplin Par- 
ker ; that Joseph Peabody, 3d, of Salem, shall be 
allowed to take the name of .Joseph Williim Peabo- 
dy ; that John Proctor, of Danvers, shall be allowed 
to take the name of .lohn VV. Proctor; that Peter 
Smith, of Boston, shall be allowed to take the name 
of Francis Peter Smith ; that Joel Thayer, of Boston, 
shall be allowed to take the name of Joel Frederick 
Thayer ; that Sarah Atherton Thayer, daughter of 
Stephen Thayer, of Boston, shall be allowed to take 
the name of Sarah Jackson Thayer ; that Joseph 
Henry Jackson Thayer, son of the said Stephen 
Thayer, shall be allowed to take the name of .Joseph 
Henry Jackson ; that John Glover Teague, of Boston, 
shall be allowed to take the name of John Glover ; 
that Charles Torrey, of Scituate, shall be allowed to 
take the name of Charles Turner Torrey ; that Ste- 
phen Twist, of Danvers, shall be allowed to take the 
name of George T. Cook ; that Jesse Walcutt, a na- 
tive of Bolton, now resident in Cambridge, shall be 
allowed to take the name of Samuel Baker Walcutt; 
that Samuel Watson, 2d, of Leicester, shall be allow- 
ed to take the name of Samuel Dexter Watson ; that 
Caleb Winship, of Boston, son of Abiel Winship, 
shall be allowed to take the name of Charles Shepard 
Winship ; that Isaac Van Deuson, 3d, of Great Bar- 
rington, shall be allowed to take the name of Isaac 
Laird Van Deuson ; and the said several persons 
shall hereafter be called and known by the names 
which, by this act, they are severally and respectively 
allowed to take as aforesaid ; and the same shall be 
considered as their only proper and legal names. 

[Approved by the Governor, February 18, 1819.] 



153 TAX.— MINISTERIAL FUND. Feb, 18, 1819. 



CHAP. C. 

An Act to apportion and assess a Tax of One Hun- 
dred and Thirty-three Thousand, Three Hundred 
and Two Dollars and Fifty-two Cents ; and to pro- 
vide for the reimbursement of Seventeen Thousand 
and Thirty-two Dollars, paid out of the Public 
Treasury, to the Members of the House of Repre- 
sentatives, for their attendance at the two last ses- 
sions of the General Court. 

[Approved by the Governor, February 18, 1819.] 



CHAP. CI. 

An Act to establish a Ministerial Fund, in Cape 
Elizabeth. 

Sec. 1. JdE it enacted by the Senate and House of' 
Representatives, in General Court assembled, and by 
the authority of the same, That Ebenezer Thrasher, 

poratTd. '"'"'" Rishworth Jordan, William Cobb, Ebenezer Web- 
ster. Junior, and Daniel Skillings, be, and they hereby 
are incorporated into a body politic and corporate, by 
the name of the Trustees of the Cape Elizabeth Min- 
isterial Fund ; and by that name, they and their suc- 
cessors in office, shall be and continue a body politic 
foyever ; and they shall have a common seal, subject 

(General pow. to alteration at pleasure j and they may sue and be 
sued, in all actions, real, personal and mixed, and 
prosecute and defend the same to final judgment and 
execution, by the name aforesaid ; and shall have all 
other powers which are incident to, and necessarily be- 
long to the like corporations. And the said Trustees 
and their successors shall, annually, elect one of their 

officerstobe number as President, and a Clerk to record the doings 
of said Trustees, and a Treasurer to receive and pay 
the money belonging to said fund, according to the 
provisions of this act, who shall give bond to the said 



MINISTERIAL FUND. Feb, 18, 1819. 153 

Trustees, for the faithful performance of his duty ; 
and shall be at all times responsible for the faithful 
application of the monies which may come into his 
hands, conformably to the true intent and meaning of 
this act, and for all neglect or misconduct in his office. 
Sec. 2. Be it further enacted^ That the said Trus- 
tees be, and they are hereby authorized and empow- 
ered to sell and convey all the ministerial lands be- 
longing to the Congregational Society, in said town of Corporate 
Cape Elizabeth ; and the monies arising from the '^"*^^" 
sale of the said lands, shall be put at interest, and 
shall form a fund for the support of the ministry in 
said society, which shall be under the care and man- 
agement of the said Trustees, in the manner provided 
for and directed by this act. And when the said 
Trustees may loan the said monies, or any part there- 
of, the same shall be secured by mortgage on real 
estate, to twice the value of the money loaned, or se- 
cured by two or more sureties, with the principal, or May loan 
invested in bank stock, and the interest arising there- '^"'"'^ 
from shall be applied to the support of the settled 
Minister in said society ; and whenever the society 
shall be destitute of a settled Minister, the annual in- 
terest shall be added to the fund, and invested as 
aforesaid ; and it shall never be in the power of the 
said Trustees to alter or alienate the appropriation of 
the fund aforesaid. And the said Trustees are hereby 
empowered to make and execute a good and sufficient 
deed or deeds of said lands, or any part thereof, which 
shall be signed by the Treasurer, with their seal af- 
fixed thereto, and by the said Treasurer duly ac- 
knowledged and delivered, and thus executed and 
delivered, shall be good and effectual in law, to pass 
and convey all the right of the said society in and to 
said real estate, to the purchaser or purchasers thereof. 
Sec. 3. Be it further enacted^ That the number 
of Trustees shall not be more than five, nor less than Poweis m 
three shall be necessary to constitute a quorum, for^*"^'*^^^ 
transacting the business of said corporation ; but a 
less number may adjourn from time to time, shall and 
may fill any vacancies in their number, which may 
happen by death, resignation or otherwise, and may 
remove any one of their number, who by reason of 



i54! MINISTERIAL FUNDS. Feb. 18, 1819. 

age, infirmity, or negligence, shall be incapable, or 
omit to discharge his duty ; and the said Trustees, 
Treasurer, or Clerk, shall not be entitled to receive 
any compensation for the services they may perform, 
out of the monies belonging to the said fund. And 
the said Trustees and Treasurer, and their succes- 
sors in office, shall exhibit to the society a report of 
their doings, and the state of the funds, at the annual 
meeting, in the month of March or April. 

Sec. 4. Be it further enacted. That any Justica 
FATst meeting, of the Pcacc for the County of Cumberland, upon ap- 
plication therefor, is hereby empowered to issue a 
warrant, directed to one of the Trustees named in 
this act, requiring him to notify and call a meeting of 
the said Trustees, to be holden at such convenient 
time and place as may be appointed in said warrant, 
to organize the said corporation, by the appointment 
of its officers. 

[Approved by the Governor, February 18, 1819.] 



CHAP. CII. 

An Act to incorporate the Trustees of the ?»liuisterial 
Funds, in the town of Bridgton. 

WHEREAS Enoch Perley, Esquire, and Rob- 
ert Andrews, have given and appropriated, each, 
one thousand dollars, for the laudable purpose of 
forming a fund, for the support of a learned and pious 
Congregational Minister, in the town of Bridgton, in 
Preamble. the County of Cumberland, and have nominated and 
appointed Deacon Phinehas Ingalls, Nathaniel Howe, 
Esquire, John Perley, Esquire, Colonel John Kil- 
born, Junior, and Mr. Moses Stickney, to manage 
and improve said sum ; now, therefore, the better to 
carry into ejffect the laudable design of the said do- 
nors — 

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 Phinehas 



MINISTERIAL FUNDS. Feh 18, 1819. 155 

Ingalls, Nathaniel Howe, John Perley, John Kil- 
born, Junior, and Moses Stickney, and their succes- 
sors, be, and they hereby are appointed Trustees, for General pow- 
the prudent management of said fund ; and for that^'*' 
purpose shall be a body corporate and politic, by the 
name of the Trustees of the Ministerial Funds in 
Bridgton ; and they and their successors, by the same 
name, may sue and be sued, in all actions, real, personal 
and mixed, and may prosecute the same to final judg- 
ment and execution ; and shall have and keep a com- 
mon seal, subject to be changed and altered at their 
pleasure ; and the same Trustees, and their succes- 
sors, may and shall annually elect a President, and a 
Treasurer to receive and apply the monies herein 
mentioned, as hereafter directed ; and also a Clerk, 
to record the doings of said Trustees, and for which 
purpose, a book or books shall, from time to time, be 
provided and kept. 

Sec. S. Be it further enacted, That said Trustees 
shall have power, from time to time, to fill up vacan- 
cies in their number, which may happen by death. Limitation ot 
resignation, removal, or otherwise ; and that the num-^"''^^" 
ber of said Trustees shall never be more than five, 
any four of whom shall constitute a quorum, to trans- 
act business, but a less number may adjourn, from 
time to time, for any terra, not to exceed one month ; 
and said Trustees shall have power to remove any of 
their number, who, through age, infirmity, miscon- 
duct, or other cause, shall become unfit or incapable 
of discharging their duty : Provided, however, that Proviso, 
all vacancies shall be filled from inhabitants of the 
town of Bridgton, and from such as are members of 
the Congregational Society there. 

Sec. 3. Be it further enacted, That it shall be 
the duty of said Trustees to receive said two thousand 
dollars, and the same to put out and loan on interest, 
or vest in bank stock, at their discretion ; and the in- 
terest arising therefrom, it shall be the duty of said 
Trustees, annually, on the first day of April, to pay 
into the treasury of said town of Bridgton, and which 
shall be appropriated to the support of a learned pro-P'ot'^^fanf g'^s- 
testant gospel Minister, of the Congregational order, ^^ mmibij. 
duly and regularly ordained and settled, and statedly 



156 MINISTERIAL FUNDS. Feb. 18, 1819. 

preaching in a house for tlie public worship of Grod, 
which house shall always be located southerly of the 
fourteenth range of lots, in said town of Bridgton, and 
not elsewliere : Provided^ always^ that if said town of 
Bridgton should ever hereafter be divided into two or 
more towns, or parishes, or parts of two or more towns, 
or parishes, the interest aforesaid shall, in that case, 
Provisos. be applied and expended for the support of a Minis- 
ter aforesaid, who shall be duly ordained and set- 
tled, and statedly preach in a meeting house, which 
shall be located within the limits of the now town of 
Bridgton, and to the southward of the twentieth range 
of lots in said town : And, provided, also, that if it 
shall so happen that no such Congregational Minis- 
ter shall be settled in said town, or that the one set- 
tled shall not regularly preach, for at least one half 
the number of Sabbaths, during any year, in a house 
appropriated for public worship, located as aforesaid, 
then the interest aforesaid, for and during such year, 
shall be added to, and become a part of the principal 
of said fund. 

Sec. 4. Be it further enacted, That if said Trus- 
tees, or their successors, shall ever wittingly and de- 
signedly apply any part of said fund, or any part of 
the interest thereof, to any other use or purpose, than 
Obligation ot Is provided for in this act, then their authority and 
iiustees. power, as Trustees, shall become void and utterly 
cease; or should the said town of Bridgton, into 
whose treasury the interest aforesaid is paid, misap- 
ply the same, contrary to the intent of the donors, 
then the said funds shall revest in, and revert to, the 
original donors, or their heirs respectively, in thej 
same proportion as first given by them ; and the per- 
son or persons, in whose iiands and possession anyi 
part, or the whole of said funds shall then be, shall, on 
due notice of such misapplication of said fund, be lia-| 
ble, on demand, to pay the same to the original do- 
nors, or their heirs, as money had and received, toj 
their use, respectively. 

Sec. 5. lie it further enacted, That the said Trus- 
May hold real tccs and their successors be, and hereby are author- 
estate. J2;ed and empowered to take and hold, by gift, grantj 
or otherwise, any estate, real or personal, under th( 



PARSONS INCORPORATED. Feb. 18, 1819. 157 

same restrictions and limitations as are provided in 
this act, respecting the sum given by the said Perley 
and Andrews ; 'provided, the annual income thereof 
shall not exceed the sum of two thousand dollars. 

Sec. 6. Be it further enacted, That it shall be 
the duty of said Trustees to meet annually, in the 
month of March, for the choice of officers, and for Election of offi- 
transaetiug any business relating to the management *'^''"*' 
of said funds, and as much oftener as they may deem 
necessary and expedient, and to agree upon the mode 
of calling future meetings ; and to pass all such by- 
laws as may be necessary ; provided, the same are not 
repugnant to the constitution and laws of this Com- 
monwealth. And it shall be the duty of said Trus- 
tees, to require the Treasurer to give bonds, with Uonds to be 
sufficient sureties, in double the amount of said fund,'"'""^'"^" 
for the faithful discharge of his duty, and the appli- 
cation of said fund, according to the intent of the do- 
nors. 

Sec. 7. Be it further enacted, That John Perley, 
Esquire, be, and hereby is authorized to call the first First meeting. 
meeting of said Trustees, by giving personal notice to 
said Trustees of the time and place, seven days at 
least, before the day which he shall appoint for said 
meeting. 

[Approved by the Governor, February 18, 1819.] 



I 



CHAP. cm. 

An Act to incorporate the Town of Parsons. 

Sec. 1. 15E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That all that part of the 
town of Newbury, in the County of Essex, which lies 
within the following boundaries, to wit : Beginning on Bomuhuies. 
the River Merrimack, where the River Artichoke emp- 
ties into the same, and thence running up the said River 
Artichoke, and through the middle thereof, about five 



158 PARSONS INCORPORATED. Feb. 18, 1819. 

hundred and seventy-seven rods^ and twenty-two 
links, to the New Log, so called ; thence running 
south, twenty-five degrees east, about three hundred 
and sixty rods, to the boundary line between the first 
and fourth parishes in said town of Newbury ; thence 
running south, fifty-two and an half degrees west, by 
the said parish line, to the southerly side of the road 
leading from Newburyport to the west parish of Row- 
ley ; thence running on the southerly side of said road 
to Great Rock, so called ; and thence by the southerly 
side of said road to Johnson's Corner, five hundred 
and twenty-eight rods and two links ; thence running 
by the boundary line of the third parish of Newbury, 
three hundred and eighty-five rods and twenty-four 
links, to the boundary line of the town of Bradford ; 
thence, by said Bradford line, to the said River Merri- 
mack ; thence down said River Merrimack to the 
bound first mentioned ; be, and the said part of said 
town of Newbury hereby is incorporated into a town, 
by the name of Parsons, and invested with all the 
powers, privileges and immunities, and subject to all 
the duties and liabilities, to which other incorporated 
towns are subject, by the constitution and laws of this 
Commonwealth. 

Sec. 2. Be it further enacted, That the said town 

of Parsons shall be liolden to pay one third part of all 

Taxes inovui- taxcs, wiiich havc been heretofore assessed by said 

edioi. town of Newbury, and remain unpaid at the time of 

the passing of this act, and also the like proportion of 

all debts due and owing by said town of Newbury. 

Sec. 3. Be it further enacted, That the said towns 
of Parsons and Newbury shall respectively support 
Fauperstobe and maintain the several persons and their families, 
provided tur. ^^^^j^ .^^^ sucli as shall liavc a derivative settlement un- 
der them, or any of them, who are now chargeable, 
and mentioned as allotted to said towns respectively, 
in a certain schedule thereof, entitled a statement of 
the expense of the poor of the toAvn of Newbury, agreed 
to on the eleventh day of February, in the year of our 
Lord one thousand eight hundred and nineteen, and 
signed by the committee of the said town of Newbury 
of the one part, and by the committee of divers inhab- 
itants of the second and third parishes of said New- 



PARSONS INCORPORATED. Feb. 18, 1819. 159 



Kii 



bury, being petitioners for the incorporation of said 

arsons, of the other part ; and all other persons, who 
hall hereafter be found chargeable to said towns, shall 
be supported and maintained by them respectively, 
according to the general laws in this behalf: Provided, Proviso. 
always, that nothing in this act shall be construed to 
affect any agreement heretofore made between the 
towns of Newbury and Newburyport, respecting the 
support of paupers ; but the said town of Parsons shall 
contribute its just proportion of all sums of money, 
which said Newbury shall pay by force of such agree- 
ment ; said proportion to be ascertained by the state 
valuations from time to time made of the said towns 
of Parsons and Newbury. 

Sec. 4. He it further enacted, That the inhabitants 
of the said town of Newbury shall have, hold and en- Remuneration 
joy, to their own use and benefit forever, all the real "' "^'''^^" 
aud personal estate belonging to the said town, at the 
time of the passing of this act, excepting any real es- 
tate which may fall within the limits of the town here- 
by incorporated ; and the said towu of Parsons shall 
pay to the said town of Newbury the sum of four 
thousand one hundred dollars, within twelve months 
from the period last aforesaid. 

Sec. 5. Be it further enacted, That the said town 
of Parsons shall contribute its just proportion, to be 
ascertained as in the third section of this act, of theni-i.wajs, 
expense of making a certain highway, lately laid out 
in said Newbury, and known by the name of Noyes' 
Road, whenever the said town of Newbury shall be 
compelled to make the same. 

Sec. 6. Be it further enacted. That any Justice of 
the Peace of said County of Essex, is hereby author- 
ized to issue his warrant, directed to any freeholder 
in the said town of Parsons, requiring him to warn the First lueeting. 
inhabitants thereof, to meet at the time and place there- 
in appointed, for the purpose of choosing such town 
officers, as towns are by law required to choose at their 
annual meetings. 

[Approved by the Governor, February 18, 1819.] 



160 



THOMASTON CHAR. SOCl. 



Feb, 18, 1819. 



CHAP. CIV. 



porated. 



All Act to incorporate the Thoraaston Charitable 

Society, 

Sec. 1. JjJB it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That John H. Ingraham, 
Job Washburn, Hezekiah Prince, Halsy Healy, Da- 
vid S. Fales, Sullivan Dwight, Perez Tilson, John 
Gleason, Joseph Sprague, David Fales, Junior, Wil- 
liam Pope, Thomas P. Vose, Oliver Fales, James 
Pel sons iucof. Partridge, John Spear, Junior, Iddo Kimball, Charles 
Spafford, John Spafford, Charles Holmes, John Love- 
joy, John Paine, Ebenezer Thatcher, Ballard Green, 
Ebenezer S. Young, Snow Paine, and William Cole, 
together with such others as may hereafter associate 
with them for this purpose, be, and they hereby are 
constituted a society and body politic and corporate, 
by the name of the Thomaston Charitable Society ; 
and they and their successors shall be and continue a 
body politic and corporate forever, for the purpose of 
applying their funds to assist the poor and destitute, 
and for no otlier purpose whatsoever. 

Sec. 2. Be it further enacted, That the members 
of the said society shall have power to elect a Presi- 
- dent, Secretary, Treasurer, Trustees, and all other 
necessary officers ; and they shall also have a common 
seal, and the same break, change, and renew, at their 
pleasure ; and the said society, by the name aforesaid, 
may sue and be sued, and prosecute and defend suits 
at law to final judgment and execution ; and shall also 
have power to prescribe rules for the admission of 
new members, to fix and order, from time to time, the 
mode of notifying, and time and place of holding meet- 
ings, the election of its officers, and the time and ten- 
ure of holding the same; and to establish such by-laws, 
rules and orders, as they may judge necessary, for the 
well ordering the said society ; provided, such by- 
laws, rules and orders shall not, in any case, be re- 
pugnant to the constitution and laws of the Common- 
wealth. 



General pow 
ers. 



INDIANS. Feh. 18, 1819. 161 

Sec. 3. Be it further enacted, That the said cor- 
poration shall be able, and capable in law, to hold real May hold real 
and personal estate, by gift, grant, devise or other- lljj'^^^.'''^""'^* 
wise, and the same to manage, improve, sell, alienate 
and convey, as they may see cause : Provided^ how- Pro\iso. 
ever, that the real estate, which the said society may 
hold, shall never exceed the value of twenty thousand 
dollars, and that the personal property thereof shall 
not exceed the sum or value of thirty thousand dollars. 

Sec. 4. Be it further enacted, That any three of 
the persons named in this act, may appoint and noti- First meeting. 
fy the time and place for the first meeting of the said 
society, to organize the society by the election of its 
officers. 

[Approved by the Governor, February 18^ 1819.] 



CHAP. CV. 

An Act in addition to the several acts respecting the 
Indiana and other Persons, Proprietors and Resi- 
dents on the Plantations of Mashpee and Herring 
Pond, so called. 

Sec. 1. JJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That from and after the 
passing of this act, to constitute a proprietor of the 
Plantation or District of Mashpee, or a member of 
said Herring Pond tribe, the person, alleged to be a 
proprietor, must be a child or lineal descendant of 
some person who is now a proprietor ; and in no other Indian leia. 
way or manner shall the rights of proprietorship be^"""*'"'^' 
acquired : And the Overseers of said Mashpee and 
Herring Pond tribes shall, as soon as may be, after 
the passing of this act, cause to be made an enumera- 
tion or census of all the proprietors and members of 
the said tribes, and of all other persons resident on 
their plantations respectively ; distinguishing proprie- 
tors from all other persons ; and make a record there- 



±62 INDIANS. Feb. 18, 1819. 

of, of the names and ages of all sucli proprietors and 
members ; which record shall distinguish the said 
tribes, and shall be annually revised and corrected by 
the said Overseers, at their stated annual meeting ; 
and a return thereof shall be made by the said Over- 
seers, to the Governor and Council, on or before the 
last day of December annually. 

Sec. 2. Be it further enacted, That the Overseers 
aforesaid, in addition to the powers granted to them as 
Overseers, be, and they are hereby invested with all 
Powers of the powcrs, and shall discharge all the duties, which, 
Ovcise£is. i^y g^jjy \a,Wf is or may be given to or incumbent upon 
a Guardian or Guardians of such Indian tribes, when- 
ever such office of Guardian shall be vacant. 
I Sec. 3. Be it further enacted^ That if any person 

shall sell, give or deliver any spirituous liquor, or any 
liquor or mixed liquor, the nature of which is intoxi- 
cating, to any proprietor or member aforesaid, without 
a permit first obtained in writing, either from said 
Overseers, or from some suitable agent of their ap- 
Penaities. poiutmcnt, or somc respectable physician, who is em- 
ployed to take care of the sick of the said proprietors, 
and agreeably to such permit, every person, offending 
in such case, and being thereof convicted before any 
Court, having competent jurisdiction of such offences, 
shall pay a fine not more than fifty dollars, according 
to the nature and aggravation of the offence. And it 
shall be the duty of the Overseers to give information 
to the proper officers for prosecuting such offences. 
Sec. 4. Be it further enacted, That the said Over- 
Drunkanis. &c. seers shall have the power to bind out to service, for 
may be bound ^^^ length of time not exceeding three years, any pro- 
prietor or member aforesaid, who, in the judgment of 
said Overseers, has become an habitual drunkard and 
idler; and the earnings of such person, in such service, 
to receive and apply to his or her maintenance and , 
support, or to the support of his or her family, or to 
the support of the said proprietors generally, as the 
Overseers, in their discretion, may think proper. 
Sec. 5. Be it further enacted, That all real estate 
Proprietors acquired by the industry of the proprietors and mem- 
may sell prop. |j^^,g aforcsaid, and purchased by them, shall be the 
sole and separate property and estate of such propri- 



mDIANS. Feb. 18, 1819. 163 

etor or member, so acquiring and pureliasing the same, 
and may be by him or her enjoyed, sold, alienated and 
disposed of, by deed, will or otherwise. 

Sec. 6. Be it further enacted^ That if any propri- 
etor or member of either of the tribes aforesaid, or any 
other person, shall cut, fell or destroy, or take away, 
any wood, timber or other property, standing, growing 
or being on any of the lands belonging to the said 
proprietors or members of the said tribes, not set off 
and assigned in manner provided by law, or cause the 
same to be done ; or if any person, not a proprietor 
or member of either of the said tribes, shall cut, fell, 
destroy or take away any wood, timber or other pro- 
perty, standing, growing or being on any of the lands 
of cither of the said tribes, which has been or hereafter 
may be set off and assigned in manner provided by 
law, or cause the same to be done, without first having 
a permit from said Overseers, or a majority of them, so 
to do ; or shall commit any other trespass on the lands 
of the said proprietors, of the said several tribes, he, 
she or they, on conviction of any such offence, before 
any Court of competent jurisdiction, shall pay a fine 
not exceeding two hundred dollars, or be imprisoned J^'"JJ''j^^^^^,j^ 
for a term not exceeding two years, according to the 
nature and aggravation of tiie offence, at the discretion 
of the Court, before whom such conviction may be 
had ; and such offender shall be further liable in an 
action of trespass, in the name of the Overseers, for the 
damage thus sustained. A.nd no inhabitant or member 
of either of the said tribes, nor any person concerned 
in the governsnent thereof, shall be disqualified from 
being a witness in any such prosecution or action, on 
account of his or her interest or office in or concerning 
the said several tribes, and their estate and property. 
And all permits, which may be given to any person 
or persons, shall be in v/riting, and subscribed hy two 
at least of the said Overseers, and express particularly 
the quantity of wood or timber to be cut or taken, and 
at what times, and for what purposes ; and shall be re- 
corded at length in the record of their proceedings, be- 
fore any wood or timber shall be cut or taken away by 
virtue thereof; otherwise such permit shall be void. 
, Sec. 7. Be it further enacted^ That all the accounts 



161 TAUNTON G. RIV. FISHERY. Feb, 18, 1819. 

of the said Overseers, with the several tribes aforesaid, 
Accounts au. shall be kept distinct from each other, and shall be 
annually examined, audited and adjusted, by the 
Court of Common Pleas for the County of Barnstable, 
and a copy thereof, and of the adjustment, shall be 
transmitted by the said Overseers to the Governor and 
Council, on or before the last day of December an- 
nually. 

Sec. 8. Be it further enacted, That any action, 
which is or may be commenced in the name of the said 
Suivivorship. Overseers, in their said capacity, may be prosecuted 
to final judgment and execution in the name or names 
of the survivors or survivor of them, notwithstanding 
the death of any one or more of them, during the pen- 
dency of such action. 

Sec. 9. Be it further enacted^ That all fines and 
forfeitures, incurred by a breach of this act, may be 
Distribution ot recovcrcd by indictment, before any Circuit Court of 
*'"^' Common Pleas, or Supreme Judicial Court, which 

may be holden within and for the County of Barnsta- 
ble ; one moiety thereof to the use of the person who 
shall give information of such breach to said Over- 
seers, and the other moiety thereof to the use of the 
Commonwealth. 

Sec. 10. Be it further enacted, That all acts and 
parts of acts, inconsistent with the provisions of tliis 
act, be, and the same are hereby repealed. 

[Approved by the Governor, February 18, 1819.] 



CHAP. CVI. 

An Act to regulate the Fishery in Taunton Great 

River. 

Sec. 1. Be it enacted hy the Senate and House 
of RepresentativeSf in General Court assembled, and 
hy the authority of the same, That from and after 
the passing of this act, it shall not be lawful for any 
person or persons, (except as is hereinafter provided) 



TAUNTON G. RIV. FISHERY. Feb, 18, 1819, 165 

to catch shad and alewives with seines or nets, in 
Taunton Great River, from the first day of April, to 
the twentieth day of May, in each year : Provided, 
that it shall and may be lawful for the inhabitants of 
the several towns, situated on said river, to catch shad 
and alewives with seines or nets, in said river, with Regulations of 
nine seines or nets only, in the manner following, to*'^'^''^^ 
wit : that the towns of Raynham, Berkley, Welling- 
ton, Dighton. Freetown, Somerset, and Troy, shall 
each have the right of disposing, at public auction, 
for their own benefit, of the privilege of catching shad 
and alevi'ives, with one seine or net only ; and that 
the town of Taunton shall have the right of disposing, 
at public auction, for their own benefit, of the privi-saie of privi- 
lege of catching shad and alewives, with two seines ''^s*^** 
or nets only, in the river aforesaid, for the time afore- 
said ; and that the purchaser or purchasers «»f the 
privileges which shall be located in the towns of 
Kay n ham and Taunton, shall not have a right to 
sweep with a seine or net, more than fifteen rods in 
length, and but three days in each week, beginning 
at four o'clock, on Monday morning, and ending at 
four o'clock, on Thursday morning; that the purcha- 
ser or purchasers of the privileges, which shall be lo- 
cated in either of the towns of Wellington or Berkley, 
shall have a right to sweep with a seine or net, twenty 
rods in length, and no more, four days in each we^Tt, 
beginning at four o'clock, on Monday morning, and 
ending at four o'clock, on Friday morning ; and that 
the purchaser or purchasers of the privileges, which 
shall be located in the town of Dighton, shall have a 
right to sweep with a seine or net, thirty rods in 
length, and no more, five days in each week, begin- Manner of 
ning at four o'clock, on Monday morning, and ending ^^''"'s- 
at four o'clock, on Saturday morning ; and that the 
purchaser or purchasers of the privileges which shall 
be located in either of the towns of Somerset, Free- 
town, or Troy, shall have a right to sweep with a 
seine or net, forty rods in length, and no more, five 
days in each week, beginning at four o'clock, on 
Monday morning, and ending at four o'clock, on 
Saturday morning ; and provided, also, that no per- 
son shall be permitted to set any seine or net, across 



166 TAUNTON B, RIV. FISHERY. Feb. 18, 1819. 

said river, or any part thereof, (except in Broad Cove, 
Provisos. so called, in the town of Somerset,) or to erect or 
put up any weare, in said river, or any part thereof ; 
and provided^ also, that each of said towns shall, at a 
legal meeting, annually, on or before the first Mon- 
day in March, dispose of and make sale, at public 
auction, for that year, and so on, from year to year, 
of their privilege or privileges of catching shad and 
alewives, with seines or nets, in the river aforesaid, 
for the time aforesaid, to such person or persons as 
shall offer the most for the same, and give sufficient 
security for the payment of the purchase money, at 
sucli time, and in such manner, as the respective towns 
shall order ; and that such person or persons, so pur- 
chasing the privileges, to have the right to catch shad 
and alewives, in the river aforesaid, for the time afore- 
said, and no other persons ; and that the purchasers 
of the privilege aforesaid, shall select the place where 
he or (hey intend to use a seine or net, for the pur- 
pose of catching shad and alewives, on or before the 
Rights of pm-- first day of April, in each year, and shall file a cer- 
ehaseis. tificatc thcrcof, with the Clerk of the town, within 

■whose limits he has determined to exercise his or their 
privilege of fishing with seines or nets, for the purpose 
of catching shad and alewives, as aforesaid ; and 
shall have no right to make use of a seine or net, for 
the purpose aforesaid, at any other place in said river, 
during the time aforesaid ; and that no purchaser of 
a privilege, as aforesaid, shall sweep with a seine or 
net, more than forty rods, on the bank of said river, 
and that two seines shall, in no case, be allowed to 
be swept within the same limits, on the same side of 
8aid river. 

SeCo 2. Be itfurtJier enacted. That if any person 
or persons shall draw or sweep with any seine or 
net, on any day or time, other than as before ex- 
Location, pressed, or at any other place than those located and 
selected, as aforesaid ; or shall, on any day, or at 
any place, set a seine or net, in or across said river, 
or any part thereof, or in any waters connected with 
the same, (Broad Cove, aforesaid, excepted,) or shalL 
erect any weare, with the intention to catch or destroy 
any of the fi^h, called shad and alewives, within the 



TAUNTON G. RIV. FISHERY, Feh. 18, 1819. m 

time limited in the first section of this act, he shall 
forfeit and pay twenty dollars for each and every 
such offence, to be recovered by indictment or inl'or- F'nes 
mation, or by action of debt, in any Court proper to 
try the same, to the use of him or them who shall pros- 
ecute or sue for the same, by action of debt ; other- 
wise to the use of the county within which the offence 
shall be committed. 

Hec. 3. Be it further enacted^ That if any person 
or persons shall be found sweepitig with any seine or 
net, or if any seine or net shall be used, by any per- Scizmes, 
sou, contrary to the true intent and meaning of this 
act, it shall and may be lawful for any person or per- 
sons to seize and take such seine or net, to his or 
their own use ; and if prosecuted therefor, to plead 
the general issue, and give this act in evidence, as 
though the same had been specially pleaded. 

Sec. 4. Be it further enacted, That the several 
towns aforesaid, shall, at their annual meetings, in 
the month of March or April, choose by ballot, three 
or more suitable persons, being freeholders within 
said town, as Fish Wardens, whose duty it shall be, WaiJcn 
jointly and severally, to see that this act be carried 
into effect, and to inform against, or prosecute any 
person or persons, that shall offend against the same ; 
and to measure seines and nets used in catching said 
fish ; and such persons chosen Fish Wardens, as afore- 
said, shall be sworn to the faithful discharge of the 
duties of said office ; and when so sworn, they shall 
have power to pursue, and they are hereby author- 
ized to pursue and execute the duties of their office, 
in any place within the towns aforesaid ; and if any 
person, chosen Fish Warden, as aforesaid, shall re- 
fuse or neglect to be sworn as aforesaid, for the space 
of five days after he shall be duly notified of his elec- 
tion to said office, he shall forfeit and pay a fine of tenrcuauiis- 
dollars, to the use of such town, to be recovered by 
action of debt, by the Treasurer thereof; and such 
town shall proceed to a new choice, and so on, as of- 
ten as circumstances may require. And if any of 
the towns aforesaid, shall neglect to choose Fish 
Wardens, as aforesaid, agreeably to the true intent 
and meaning of this act, such town shall forfeit and 



168 SPRINGFIELD BRIDGE LOT. Feh. 18, 1819. 

pay a fine of one hundred dollars, for the use of him 
or them who shall prosecute therefor. 

Sec. 5. Be it further enactpd. That all laws here- 
tofore made, for the regulation of the fishery in Taun- 
ton Great River, except so far as respects the town of 

Laws repealed. Middleboroiigh, be, and the same hereby are repealed ; 
provided, however, that any prosecutions which hav& 
been, or may be commejiced, for the recovery of any 
forfeitures, incurred by virtue of the laws hereby re- 

I'rovisos. pealed, may be prosecuted to final judgment, in the 
same way and manner, as if this act had not been 
passed ; and^ provided, also, that all contracts made 
prior to the passing of this act, by any of the towns 
aforesaid, respecting the sha€l and alewive fishery in 
said river, by virtue and in pursuance of the laws 
hereby repealed, shall be valid, to all intents and pur- 
poses, this act to the contrary notwithstanding. 

[Approved by the Governor, February 18, 1819.] 



CHAP. CVIL 

An Act in aildition to an act, authorizing a Lottery, 
for the purpose of rebuilding Springfield Bridge. 

Sec 1. JjE it enacted by the Senate and House 
of Hepresentatives, in General Court assembled, and 
by the authority of the same, That the Managers of 
Springfield Bridge Lottery be, and they are hereby 
authorized to prosecute the drawing of said lottery, 
Sumstobe uudcr the provisions and restrictions of the act regu- 
lating (he management and drawing of lotteries, in 
certain cases, within this Commonwealth, until they 
shall have raised the sum authorized by the act, pass- 
ed on the thirteenth day of June, in the year of our 
Lord one thousand eight hundred and fifteen, entitled 
'* An act authorizing a lottery, for the purpose of re- 
building Springfield Bridge." 

Sec. 2. Be it further enacted, That after the said 
Managers shall have completed the grant, authorized 



I'uised. 



KENNEBEC MAH. INS. CO. Feh. 19, 1819. 169 

by the act to which this is in addition, they are hereby 
authorized to draw one class, by which they may Conditional 
raise, for the beuetit of said corporation, a sum tiot '''^"^^"^^ 
exceeding ten thousand dollars ; provided^ that said 
corporation shall give bond to the Commonwealth, in 
the sum of ten thousand dollars, conditioned to re- 
build said bridge within one year from the first day 
of June next. 

Hec. 3. Be it further enacted^ That this act shall 
continue and be in force for the term of two ye-rn, Limitatioir. 
from and after the thirteenth day of June next, and 
no longer. 

[Approved by the Governor, February 18, 1819.] 



CHAP. CVIII. 

An Act to incorporate the Kennebec Fire and Marine 
Insurance Company. 

Sec. 1. i5E it enacted by the Senate and House 
of Representatives, in General Court assembled^ and 
by the authority ofthenamey That Ebenezer T War- 
ren, Ariel Mann, Gideon Farrell, Jesse Robinson, 
Ebenezer VV^hite, Hiram A.. Bement, Benjamin Wales, 
Thomas Agry, Thomas B. Coolidge, ISathan Bach- Persons incor. 
elder, Joseph Chandler, Benjamin Dearborn, Reuel^"'^^*^*'* 
AVilliams, Robert Howard, Benjamin VV'hitvvell, and 
William H. Page, with their associates, successors 
and assigns, be, and they hereby are incorporated into 
a company and body politic, by the name of the Ken- 
nebec Fire and Marine Insurance Company, with the 
powers and privileges granted to insurance companies, General pow- 
and subject to all the restrictions, duties ?«nd oblis^a-^""^* 
tions, contained in a law of this Commonwealth, 
entitled ^' An act to define the powers, duties and 
restrictions of Insurance Companies," passed on the 
fifteenth day of February, in the year of our Lord one 
thousand eight hundred and eighteen, for and during 
the term of twenty years after the passing of this act ; 



170 



KENNEBEC MAR. INS. CO. Feh 19, 18J9. 



Proviso. 



Capital Slock. 



Jbirecttirs. 



Annual elec- 
tion of Direc- 
tors. 



Provisr, 



and by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final judg- 
ment and execution ; and have a common seal, which 
they may alter at pleasure ; and may purchase, hold 
and convey any estate, real or personal, for the use of 
said company ; provided, they shall not hold real es- 
tate exceeding tiie value of twenty thousand dollars, 
excepting such as may be taken for debt, or held as 
collateral security for monies due to said company. 

Sec. 2. Be it further enacted^ That the capital 
stock of said company, exclusive of premium notes 
and profits arising from business, shall be one hundred 
thousand dollars, divided into shares of one hundred 
dollars each, fifty per centum of which, shall be paid 
in money, by each and every subscriber, on the amount 
of his subscription, within sixty days after the first 
meeting of the stockholders ; and the residue thereof, 
within one year after said first meeting, in such in- 
stalments, and under such penalties, as the President 
and Directors shall, in their discretion, direct and ap- 
point. 

Sec. 3. Be it further enacted, That the property, 
stock and aff'airs of the said company, shall be man- 
aged and conducted by seven Directors, one of whom 
shall be President thereof, who shall hold their offices 
for one year, and until others are chosen, and no 
longer, and who shall, at the time of their election, 
be stockholders, and citizens of this Commonwealth 5 
and shall be elected on the first Tuesday of October, 
in each and every year, at such time of the day, and 
in such place in the town of Hallowell, as a majority 
of the Directors, for the time being, shall appoint ; 
of which election, public notice shall be given, in one 
or more of the newspapers, printed in the town of 
Hallowell, ten days at least preceding such election ; 
and the election shall be made by ballot, by a major- 
ity of the votes of the stockholders present, allowing 
one vote for each share in the capital stock ; provided, 
that no stockholder shall be allowed more than ten 
votes ; and the stockholders, not present, may vote 
by proxy, under such regulations as the compaDy 
may prescribe. 



KENNEBEC MAR. INS. CO. Feb. 19, 1819. 171 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after 
every election, and shall choose out of their body, officers to le 
cue person to be President, who shall be sworn faith- *'*^°^^"' 
fully to discharge the duties of his office, and who 
shall preside for one year. 

Sec. 5. Be it further enacted^ That the President, 
with three of the Directors, or four of the Directors, 
in the absence of the President, (one of which shall be 
chosen President, pro tern, ) shall be a Board, competent 
for the transaction of business ; and all questions be- 
fore them shall be decided by a majority of votes ; 
and they shall have power to make and prescribe 
such by-laws, rules and regulations, as to them shall ^"1^^ and reg- 
appear needful and proper, touching the management '^'°"^ 
and disposition of the stock, property, estate and ef- 
fects of said company, and the transfer of the shares, 
and touching the duties and conduct of the several 
Officers, Clerks, and Servants employed, and the 
election of Directors, and all such matters as apper- 
tain to the business of insurance ; and shall also have 
power to appoint a Secretary, with such salary and 
allowance to him, and the President, as to the said 
Board shall seem meet ; provided, that such by-laws 
and regulations shall not be repugnant to the consti- 
tution and laws of this Commonwealth. 

Sec. 6. Be it further enacted. That any seven or 
more persons, named in this act of incorporation, are 
hereby authorized to call a meeting of the said com- 
pany, as soon as may be, in Hallowell, by advertising First meeting. 
the same for three weeks, in one of the newspapers 
printed in Hallowell, for the purpose of electing a 
first Board of Directors, who shall continue in office, 
until the first Monday in October, then ensuing. 

[Approved by the Governor, February 19, 1819.] 



172 



FISH IN CHARLES RIVER. Feb. 19, 1819, 



CHAP. CIX. 

An Act to prevent the destruction of the Fish, called 
Tom Cod and Smelts, in Charles Kiver, and to 
regulate the manner of taking the same. 



Sfc. 1. We 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, if any person or persons shall place 
or set any seine or net, or set up, erect, or place any 
obstruction or incumbrance, whatsoever, (mill dams 
excepted) in or across Charles River, whereby the 
Penalties, free passing of the fish up and down said river shall 
be straitened, obstructed or stopped, they shall sev- 
erally forfeit and pay the sum of fifty dollars, for 
each and every offence ; one half of which, shall be 
to the use of him or them that shall prosecute or sue 
therefor, and the other half to the use of the town or 
towns, within whose limits the offence is committed ; 
or any town may sue in the name of its inhabitants, 
and in that case, the whole penalty shall be to the use 
of the town thus sueing. 

Sec. 2. Be it further enacted, That if any person 
or persons, shall draw or use any seine or net, of a 
greater length than fifty feet, or shall make use of 
more than one net or seine, at the same time, to take 
any of the fish, called torn cod and smelts, within said 
Regulation of rivcr, or shall draw any such seine or net, on any 
fishcrj. other of the days of the week than Monday, Wednes- 

day and Friday, they shall severally forfeit and pay 
the sum of forty dollars, for each and every offence, to 
the use as aforesaid ; and all other forfeitures, incurred 
by any breach of this act, may be recovered by an 
action on the case, before any Court proper to try the 
same : Provided, that nothing contained in this act, 
shall be construed to subject any person or persons, 
to any of the penalties aforesaid, by reason of their 
happening to take any of the said fi'sh, called torn 
cod and smelts, when they shall rightfully draw or 



:F0IIGERY & COUNTERF'NG. Feb. 19, 1819. 173 

use a seine or net, the meshes of which are not less 
than one inch square, for the purpose of talking shad 
and alewives, in the usual and proper season of taking 
those iislu 

[Approved by the Governor, February 19, 1819.] 



CHAP. ex. 



An Act in addition to an act, entitled " An act against 
Forge?y and Counterfeiting." 

i5E ii enticted hy the Senate and House 
of Representatives, in Qeneral Court assembled, and 
by the authority of the same, That hereafter, in all pros- 
ecutions for forgery, or counterfeiting any bank bills, 
or promissory notes, of any of the banks mentioned 
and described in the second, third and fourth sections 
of the act, entitled ^' An act against forgery and coun- 
terfeiting ;■' or for uttering, publishing, or tendering 
in payment, as true, any such forged or counterfeit 
bills or notes, or for having the possession of any 
such forged or counterfeit bills or notes, with intent 
to pass the same, the testimony of the President orT""''™™)' 
Cashier of such banks may be dispensed with, if the^'*^"^ 
place of residence of such President or Cashier shall 
exceed the distance of forty miles from the place of 
trial ; but in all such cases, it shall be lawful to ad- 
mit the testimony of any witness, acquainted with the 
signature of the officers of said banks, or who may 
have knowledge of the difference between the true I 

and the counterfeit bills, or notes of said banks, to 
prove that such bills or notes are counterfeit ; any 
law or practice to the contrary notwithstanding. 

[Approved by the Governor, February 19, 1819.] 
S3 



174^ BOSTON FIRE INS. COMP. Feh 19, 1819. 



CHAP. CXI. 

An Act to incorporate the Boston Fire Insurance 
Company. 



Persons incor- 
porated. 



General pov/- 

era. 



Proviso. 



Capital Stock. 



Directors- 



Annual elec' 
lion of ofllcers. 



Sec. 1. 15 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Xathaniel Gocl- 
dard, Josiah Marshall, William Ray, William B, 
Swett, and .Joseph Balch, their associates, successors 
and assigns, be, and they hereby ari incorporated into 
a company and body politic, by tb^ name of the Bos- 
ton Fire Insurance Company, for and during the term 
of twenty years after the passirg of this act ; and by 
that name may sue and be SHcd, plead and be im- 
pleaded;, appear, prosecute aiid defend to final judg- 
ment and execution, and have a common seal, which 
they may alter at pleasure ; and may purchase, hold, 
and convey any estate, real or personal, for the use 
of said company ; provided, th?*y shall not hold real 
estate, exceeding the value of ten thousand dollars, 
excepting such as may be taken for debt, or held as 
collateral security for debts, due to said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company, shall be one hundred and iifty 
thousand dollars, divided into three thousand shares, 
of fifty dollars each, fifty per centum of which shall 
be paid within sixty days after the first meeting of 
said company, and the residue in such instalments, 
and under such penalties, as the President and Direc- 
tors shall, in their discretion, direct and appoint. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs and concerns of said company, shall be 
managed and conducted by thirteen Directors, one of 
whom shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer ; and shall, at the time of their election, be 
stockholders of said company, and citizens of this 
Commonwealth, and shall be elected annually, on the 
second Tuesday of January, at such time of the day, 
and in such place, in the town of Boston, as a major- 



BOSTON FIRE INS. COMP. Feh, 19, 1819. 175 

ity of the Directors, for the tim^ being, shall appoint ; 
of which election, public notice shall be given, in at 
least two of the newspapers, printed in said town, for 
the space often days immediately preceding such elec- 
tion. And the election shall be made by ballot, by a 
majority of the votes of the stockholders present, alhivv- 
ing one vote to each share in the capital stock ; provided, 
no stockholder shall be allowed more than ten votes ; Votes. 
and the stockholders, not present, may vote by proxy, 
under such regulations as the company shall prescribe ; 
and if, through any accident, the Directors should not 
be chosen as aforesaid, it shall be lawful to choose 
them in manner aforesaid, on any other day. 

Sec. 4. Be it further enacted, That the Directors 
so chosen, shall meet as soon as may be, after every 
election, and shall choose, out of their number, one 
person to be President, who shall be sworn faithfully 
to discharge the duties of his office, during the period 
for which he is elected ; and in case of the death, re- 
signation, or inability to serve, of the President, or 
any Director, such vacancy or vacancies shall be 
filled, for the remainder of the year in which they v«cn.icics to 
happen, by a special election, to be notified and held'"^''"*^''* 
as is herein before directed, in the case of annual 
elections. 

Sec. 5. Be it further enacted, That the President 
and six of the Directors, or seven of the Directors, 
in the absence of the President, shall be a Board, 
competent for the transaction of business ; and all 
questions before them shall be decided by a majority officers and 
of votes; and they shall have power to make and^''^"^'"''*^^^ 
prescribe such by-laws, rules and regulations, as to 
them shall appear needful and proper, in respect to 
the management and disposition of the stock and pro- 
perty of said company, and the transfer of shares 
therein ; and the powers, duties and conduct of the % 

several Officers, Clerks and Servants, employed in 
the service of the company, and the election of Direc- 
tors, and the making of policies, and all such matters 
as appertain to the business of insurance ; provided, Piov^o, 
such by-laws, rules and regulations, be not repugnant 
to the laws or constitution of the United States, or 
this Commonwealth. And they shall also have power 



47ft BOSTON FIRE INS. COMP. Feb. 19, 1819. 

to appoint a Treasurer, Secretary, ami so many Clerks 
Compensation and Scrvants, as shall be needful, with such compen- 
tuothccis. j-jition to them severally, and to the President, as to 
them shall seem fit ; and they shall also have power 
and authority, in behalf of said company, to make in- 
surance on any property or buildings within this Com- 
monwealth, against damage to the same by fire, origi- 
nating in any cause, except design in the assured, for 
such time, and on such conditions, as the parties may 
agree ; provided, that the said company shall not in- 
Amnuutof surc, OH any one risk, more than ten per centum ou 
""''^' the amount of the capital stock paid in ; and all pol- 

icies of insurance, by them made, shall be subscribed 
by the President, or two of the Directors, and coun- 
tersigned by the Secretary, and shall be binding and 
obligatory upon the said company, antl have the like 
effect and force, as if under tiie seal of said company ; 
and all losses, duly arising under policies so sub- 
scribed, may be adjusted and settled by the President 
and Board of Directors, or such agent as they shall 
authorize ; and such adjustment shall be binding on 
said company. 

Sec. 6. Be it further enacted, That the said com- 
pany shall not directly nor indirectly deal or trade in. 
Shall not trade buying or sclliug any goods, wares, merchandize, or 
in goods commodities whatever, but may. in the discretion of a 
majority of the Directors, sell any portion of the pro- 
perty in which the capital stock may be invested, and 
reinvest the proceeds in any of the stock mentioned 
in the second section of this act ; and the capital 
stock shall, witiiin six months after the collection 
thereof, be invested either in the funded debt of the 
United States, or of this Commonwealth, or in the 
stock of the bank of the United States, or of some in- 
corporated bank within this Commonwealth, in either 
« or all of them, and in such proportions as may be 

judged most for the interest of said company. 

Sec. 7' ^^ it further enacted, That oncp in three 
years, and oftener, if required by a majority of the 
votes of the stockholders, the Directors shall lay be- 
fore the stockholders, at a general meeting, an exact 
statement of and particular statement of the profits, if any there be, 
"^^ '^" after deducting losses and dividends. And the said 



BOSTON FIRE INS. COMP. Feh. <9, 1819. 177 

company shall, when and as often as required by the 
Legislature of this Commonwealth, lay before the 
Legislature a statement of the affairs of said company, 
and submit to an examination concerning the same, 
under oath. 

Sec. 8. Be it further enacted, That in case of any 
loss or losses taking place, which shall be equal to 
the amount of the capital stock of the said company, 
and the President or Directors, after knowing of such 
loss or losses taking place, shall subscribe to any 
policy of assurance, their estates, jointly and severally Personal ac- 
shall be accountable for the amount of any and every ^".op[.-eJoJ^°^ 
loss which shall take place, under policies thus sub- 
scribed ; and the said President and Directors shall 
cause to be printed or written, on every policy they 
shall make, the amount of the capital stock, and the 
largest sum they take on a risk. 

Sec. 9. Be it further enacted, That it shall be the 
duty of the Directors, on the third Tuesday of April 
and October, in every year, to make dividends of so Divideoe^. 
much of the interest arising from the capital stock, 
and of the profits of the said company, as to them 
shall appear adviseable ; but the monies received, 
and notes taken for premiums of risks, which shall be 
undetermiued and outstanding at the time of making 
such dividends, shall not be considered as parts of 
the profits of said company : and in case of any loss, 
whereby the capital stock shall be lessened, no sub- 
sequent dividend shall be made, until a sum equal to 
such diminution shall have been added to the capital. 
Sec. 10. Be it further enacted, That any three 
of the persons named in the first section of this act, 
are hereby authorized to call a meeting of the said First meeting. 
company, in Boston, by advertising the same, for one 
week, in two of the papers printed in said town, for 
the purpose of electing the first Board of Directors, 
who shall hold their oflftces until another Board shall 
be chosen. 

[Approved by the Governor, February 19, 1819.] 



178 SALE OF REAL ESTATE. l^eh, i% 1819. 



CHAP. CXIL 

An Act in addition to the acts concerning the sale 
of Real Estate, by Administrators, Executors, and 
Guardians, 

Sec. 1. JDE 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 
passin;^ of this act, the Justices of the Supreme Judi- 
cial Court be, and they are hereby authorized and 

Powers oi empowered to grant licence to, and authorize Guardi- 
uar laus. ^^^ ^^ persons given to excessive drinkina:, idleness, 
gaming, or debauchery, to sell and convey the whole, 
or so much of the real estate of such persons, as shall 
be most for their interest and benefit, when, by a par- 
tial sale thereof, the remainder would be greatly in- 
jured, in tlie same way and manner, and under tha 
same restrictions, as they are now authorized to grant 
licence to Administrators, Executors and Guardians 
of minors, and persons non comjws mentis, to sell 

Frovisq. rcal cstatc, in such cases : Provided, however, that 
no such licence shall be granted, unless the cer- 
tificate of the Overseers of the Poor, now by law 
required to be produced, shall also contain their con- 
sent and approbation of such sale, and their opinion, 
that by a partial sale of the real estate, the remain, 
der thereof would be greatly injured. 

Sec. 2. Be it further enacted. That the bond, re- 
quired by law, to be given to the Judge of Probate, 
by Administrators and Guardians, previous to the 
sale of real estate, shall and may be given to the 

Probate bonds, jmige ^f Probate for the county in which the real 
estate is situated, in all cases, where the deceased 
person to whom such estate belonged, was not an in- 
habitant within this Commonwealth, at the time of his 
decease. 

Sec. 3. Be it further enacted, That the Courts of 
Common Law, and the Judges of Probate of the re- 

Powerstoii- spcctivc couuties, shall have the same power and 
authority to licence and empower Executors aud Ad- 



ccnce. 



JPUySIC AND SURGERY. Fe' 

ministratovs to make sale of the real 
testators and intestates, for the payme 
ges of administration, as they now ha. 
relation to the payment of debts and legacit^. 

[Approved by the Governor, February 19^ 181 9. j 



CHAP. CXIII. 

An Act in addition to an act, entitled ^' An act regu- 
lating the practice of Physic and Surgery." 

Sec. 1. 15 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That no person entering 
the practice of physic and surgery, after the first day 
of July next, shall be entitled to the benefit of law. Licences. 
for the recovery of any debt or fee accruing for his 
professional services, unless he shall, previously to 
rendering those services, have been licenced by the 
Officers of the Massachusetts Medical Society, hereaf- 
ter to be designated in this act, or shall have been 
graduated a Doctor in Medicine in Harvard Univer- 
sity. 

Sec. 2. Be it further enacted, That it shall be the 
duty of the Counsellors of the Massachusetts Medical 
Society, at their first meeting in every year, after the 
annual meeting of said society, to appoint twenty. five Medkai Cen- n^ 
Examiners, or Censors, from among the Fellows of ^°'^ 
said society, viz. : five in each of the districts of this 
Commonwealth, to be hereafter described ; the five 
in each of said districts respectively, or a majority of 
them, to constitute a separate Board of Examiners, or 
Censors ; and the Censors of each of these Boards, 
shall have the same power, and be subject to the same 
penalties, as are already given and imposed by the 
laws of this Commonwealth, to and upon the Censors 
of the said society. And when any person, who has 
been educated to the practice of physic or surgery, 
out of this Commonwealth, and who has come into 



180 PHYSIC AND SURGERY. Feb. 19, 1819. 

this Commonwealth to pursue the practice of the same, 
shall present himself to either of the Board of Censors, 
described in this act, as a candidate for examination, 
the said Censors may examine any documents which 
such candidate may offer ; and if they are satisfied by 
the same, that such candidate has received an educa- 
tion, agreeably to the regulations which have been or 
may be provided by said society, and has been duly 
* examined and approved by some competent authority, 
they may thereupon licence such candidate to prac- 
tice physic or surgery, or both, as the case may be, 
"without subjecting him to a new examination. 

Sec. 3. Be it further enacted, That for the pur- 
pose expressed in the second section of this act, the 
Commonwealth shall be divided into five districts, to 
be entitled the First, Second, Third, Fourth and 
Fifth Medical District, respectively, viz. : the First 
Medical Dis- Mcdical District to include the Counties of Suffolk, 
'""''■ Essex, Middlesex, Norfolk, Bristol, Plymouth, Barn- 

stable. Dukes' County, and Nantucket : the Second 
JVledieal District to include the County of Worcester : 
the Third Medical District to include the Counties of 
Franklin, Hampden and Hampshire : the Fourth 
Medical District to include the County of Berkshire: 
the Fifth Medical District to include all the Counties 
in the District of Maine. The meetings of the Cen- 
sors shall be held in these districts respectively, in 
such places, and at such stated periods, as the Coun- 
sellors of the Massachusetts Medical Society may di- 
rect ; and the said Counsellors shall be authorized to 
make new districts, and appoint new Censors, when- 
ever the public good may appear to require it. 

Sec. 4. Be it further enacted, That all matters 

Lawsrepeaied. and clauses contained in the act, entitled "An act 

regulating the practice of physic and surgery," which 

are contrary to the provisions of this act, shall be, and 

/ they hereby are repealed. 

[Approved by the Governor, February 19, 1819.] 



AGRICULTURE & MANUFAC. Feh. 20, 1819, 181 

CHAP. CXIV. 

An Act for the encouragemeut of Agriculture and 
Manufactures. 

Sec. 1. IjE i^ enacted hij the Senate and House 
of Representatives^ in General Court assembled^ and 
by the authority of the same^ That every incorporated 
agricultural society within this Commonwealth, which 
shall have raised bv subscription of individuals, or 
which may hereafter raise by such subscription, and tjau- of state 
put out to interest, on public or private security, the"""""^^* 
sum of (uie thousand dollars, as a capital stoek, appro- 
priated for the uses of said society, shall be entitled to 
receive, in the month of October, annually, out of the 
Treasury of this Commonwealth, the sum of two hun- 
dred dollar'^ ; and also a propoitionable sum, annual- 
ly, for any greater sum which they should so subscribe 
and put out to interest, as a capital stock : Provided, Pi-oviso. 
always, that no agricultural society shall receive, by 
virtue of this act, within one year, any greater sum 
than six hundred dollars. 

Sec. 3. Be it further enacted, That any agricul- 
tural society, formed within any county or counties in 
this Commonwealth, in which no incorporated society 
at present exists, which shall hereafter be formed, and 
which shall raise, put out to interest, and appropriate 
a capital stock, not less than one thousand dollars, Privilege oi 
for the uses of said society, shall be entitled to receive, i"'^j^[^"^"**'°" 
on application to this Legislature, an act of incorpo- 
ration, in usual form, and with customary rights and 
powers ; and also be entitled to take advantage of the 
privileges hereby secured to the other agricultural so- 
cieties, on complying with the terms and provisions of 
this act : Provided, always, that no agricultural soci- 
ety, hereafter formed as aforesaid, shall be entitled to 
the benefits of this act, unless the same be formed in 
a county, or in an association of counties, including a 
population of thirty thousand inhabitants. 

Sec. 3, Be it further enacted, That for the pur- 
pose of availing themselves of the advantages of this Duties of so 
act, it shall be the duty of every agricultural society, '^'''''^' 
in the month of October, annually, to file in the Seere- 
§4 



rreniiunis to 
he allowed. 



18g AGRICULTURE & MANUFAC. Feb. 20, 1810. 

tary's Office of thisCouimonwcalth, a certificate, sigoed 
by the President and Treasurer of such society, spe- 
cifying, under oath, the sum actually subscribed, put 
out to interest, and appropriated as a capital stock, 
conformably to the provisions of this act ; and the 
Oovernor of the Commonwealth is hereby authorized, 
upon the filifig of such certificate, to issue his warrant 
upon the Treastirer thereof, for the sum to which such 
agricultural society shall thereupon be entitled, under 
this act. 

Sec. 4. Be it further ewacferf, That it shall be the du- 
ty of every incorporated agricultural society, which shall 
avail themselves of the benefit of this act, to annually 
ofter, by way of premiums, or apply otherwise, at their 
discretion, for the encouragement or improvement of ag- 
riculture or manufactures, a sum equal to the sum annu- 
ally received out of the'l'reasury of the Commonwealth, 
by virtue qf this act, and also shall transmit to the 
Secretary's Office of this Commonwealth, in the month 
of January, annually, an official statement of their pro- 
ceedings, in relation to the expenditure of such mo- 
nies, specifying the nature and objects for which such 
premiums have been offered, and such encouragement 
applied, and to whom they were awarded ; and ac- 
companying the same with such general observations 
concerning the state of agriculture and manufactures 
in the Commonwealth, as they may deem important 
or useful. And all surplusses of monies, arising from 
premiums offered, and not obtained, or paid, shall be 
put out to interest, and added to the capital stock of 
each agricultural society. 

Sec. 5. Be it further enacted^ That it shall be the 
duty of every incorporated agricultural society, to of- 
fer annually, such premiums and encouragement, for 
Forest trees, the raising and preserving oaks, and other forest trees, 
in such manner, and on such terras, as to their dis- 
cretion shall seem best adapted to increase and per- 
petuate an adequate supply of ship timber, within 
this Commonwealth. 

Sec. 6. Be it further enacted, That nothing in 
this act shall be considered to extend to any agricul- 
tural society, which has been, or which hereafter may 
be incorporated in any town, or for any circle of ter- 
litory Ipss than a county. 



EXECUTIONS. Feb, 20, 1819. 183 

Sec. 7. f^e it further enacted, That this act shall 
continue in force for five years, and no longer. 

[Approved by the Governor, February SO, 1819.] 



CHAP. CXV. 

An Act in addition to the several acts now in force, 
direetiug the manner of levying Executions on Real 
Estate. 

Sec. 1. JdE if enacted bif the Senate and House 
of Representatives f in General Court assembled j and 
by the authority of the same. That whenever a credi- 
tor in execution, shall think proper to extend and levy 
the same on any saw mill, grist mill, or other mill fac- 
tory, mill privilege, or other real estate, which cannot 
be divided without prejudice to, or spoiling the whole, 
and where the whole of such saw mill, grist mill, or 
other mill, factory, or mill privilege, or other real estate, 
is not necessary for the satisfying of such execution, the 
same may be extended and levied in manner prescnb- ex 
ed by law, upon the same, or upon any undivided partf"^; 
thereof, which shall be sufficient to satisfy such execu- 
tion; and in case the estate is so situated that the same 
cannot be set off by metes and bounds, the return upon 
the execution shall describe the whole estate, with as 
much precision as the nature of the case will admit ; 
which execution being returned and recorded, in man- 
ner prescribed by law, shall vest in such creditor in 
execution, as good and valid a title thereto as the debt- 
or had therein, when the same was attached on mesne 
process', or taken in execution : Provided however, that 
the debtor in execution shall have the same right to 
redeem the same, in the same time and manner which 
judgment debtors in execution have a right to redeem 
real estate, set off on execution. 

Sec S. Be it further enacted, That the estate, 
right, title, or interest of any person, owned, holden. 



ecution; 
how to he 



18i PUBLIC LANDS IN MAINE. Feb. 20, 1$19. 

or claimed in virtue of a possession, or improvement, 
as expressed in " An act for the limitation of certain 
real actions, and for the equitable settlement of certrda 
claims arisini; in real actions ;'' and in an act additional 
thereto, shall be liable to be taken by attachment, on 
Mesne process, mesne process, and by execution: And, when any 
such right, title, interest, or estate shall be seized, 
and sold upon execution, such notice shall be given, 
and such proceedings had, in every respect, as are 
required by law, in the sale of an equity of redemp- 
tion ; and the debtor, whose right, title, interest, or 
estate, is so taken and sold, shall have the right of 
Right of re- redeeming the same, within such time, and in such 
eraption. manner, as is provided in cases of sales of equity of 
redemption, 
[Approved by the Governor, February SO, 1819.] 



CHAP. CXVL 

An Act in further extension of ^^ An act for promoting 
the Sale and Settlement of the Public Lands, in 
the District of Maine." 

IjE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the act, entitled 
** An act for promoting the sale and settlement of the 
Lawcontinued, public lands, in the District of Maine," be, and the 
same is hereby declared to be in force, for and during 
the term of one year, from and after the end of the 
first session of the next General Court ; any thing in 
the act first named to the contrary notwithstanding. 

[Approved by the Governor, February SO, 1819.] 



BO AD AND BRIDGE. Feh, SO, 1810. 185 



CHAP. CXVII. 

An Act to provide an Annual Salary for the Quarter 
JVl aster Greiieral, and for adjustiug and settling his 
accounts. 

Sec. 1. -DE it enacted by the Senate and House 
of Represejitatives, in General Court assembled, arid 
by the authority of the same^ That from and after thesaian 
first day of March next, the annual salary of the 
Quarter Master General be twelve hundred dollars, 
payable quarter yearly. 

Sec. 2. Be it further enacted, That it shall be 
the duty of the Quarter Master General, annually, in Annual exi. 
the month of January, to lay before the Governor and 
Council for adjustment, the account of all expendi- 
tures of money in his department, with vouchers to 
support the same; and such accounts shall be settled 
by the Governor and Council. And in the adjust- 
ment of the accounts now unsettled, the Quarter Mas- 
ter General shall be allowed at the rate of fifteen hun- 
dred dollars per annum, till the first day of March 
next. 



bition of ac- 
counts. 



[Approved by the Governor, February 20, 1819.] 



CHAP. CXVIII. 

An Act to authorize the laying out a Hoad, and build- 
ing a Bridge, over Presumpscot River, at Staples' 
Point, in the town of Falmouth. 

Sec. 1. Be i7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the Court of Ses- 
sions for the County of Cumberland be, and hereby 
are authorized and empowered to lay out a public Higii« ay. 
highway across Presumpscot River, at Staples' Point, 



186 HANCOCK FIRE & MAR. IN. CO. Feb, 20, 1819. 

so called, in the town of Falmouth ; provided, the 
said Court, after a full hearing, should be of the opin- 
ion that the public good requires it, in the same way 
and manner, as though said Presumpscot River were 
not navigable* 

Sec. S. Be it further enacted. That the Court of 
Sessions be, and they hereby are authorized and em- 
powered to discontinue the support now afforded to 
the bridge across said Presumpscot River, and ap- 
NewBriJgc. propriatc the same, or as much as they may deem 
necessary for the building and supporting a bridge 
across said River, at Staples' Point, so called, in the 
town of Falmouth ; provided^ they may adjudge the 
same to be for the public good, any law to the con- 
trary notwithstanding. 

Sec. 3. Be it further enacted, That if the said 

Court shall lay out said road, and cause said bridge 

Dimensions of to be built. Said bridge shall not be made of a less 

"•'se. width than twenty-five feet, with a suitable draw, for 

the passage of vessels through the same. 

[Approved by the Governor, February SO, 1819.] 



Pernons incor- 
porated. 



CHAP. CXIX. 

An Act to incorporate the Hancock Fire and Marine 
Insurance Company. 

Sec. 1. OE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
hy the authority of the same, That Otis Little, Wil- 
liam Abbot, Leonard Jarvis, Bradshaw Hall, James 
Crawford, Jeduthun Upton, Thomas Adams, William 
Witherlc, John Head .Tarvis, Joseph Bryant, Rufu's 
Holbrook, John Brooks, Josiah Hook, Junior, and 
Samuel Upton, with their associates, successors and 
assigns, be, and they hereby are incorporated into a 
company, and body politic, by the name of the Han- 
cock Fire and Marine Insurance Company ; with the 
powers and privileges granted to insurance companies^ 



HANCOCK FIRE & MAR. IN. CO. Feb, 20, 4819. 187 

and subject to all the restrictions, duties, and obliga- 
tions, contained in a law of this Comraouwealth, en- 
titled " An act to define the powers, duties and re- General poV- 
strietions of insurance companies," passed on the^"^* 
sixteenth day of February, in the year of our Lord 
one thousand eight hundred and eighteen ; also with 
power and authority to make insurance on any man- 
sion house, or other building, and on the goods and 
property therein contained, witliin this Common- 
wealth, against damage arising to the same by fire ; 
and to fix the premiums and terms of payment, for and Pi^iaiuins, 
during the term of twenty years after the passing of 
this act ; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and de- 
fend to final judgment and execution, and have a 
common seal, which they may alter at pleasure ; and May hoio real 
may purchase, hold and convey any estate, real or^^^^^*^' 
personal, for the use of said company ; provided, they 
shall not hold real estate, exceeding the value of twenty 
thousand dollars, excepting such as may be taken for 
debt, or held as collateral security for monies due to 
said company. 

Sec. 3. Be it further enacted, That the capital 
stock of said company, exclusive of premium notes 
and profits arising from business, shall not be less 
than one hundred thousand dollars, nor more than Capital stcji-k. 
two hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each ; fifty per cen- 
tum of which shall be paid in money, by each and 
every subscriber, on the amount of his subscription, 
within sixty days after the first meeting of said com- 
pany 5 and the residue shall be secured by a deposit 
of stock of the United States, or of this Common- 
wealth, or of some bank within this Commonwealth, 
calculating the same at the market value of such 
stock ; but in no case to exceed the cost or par value 
of the same, as may be approved by a majority of the 
Directors, chosen by the stockholders, and be paid in* 
such sum or sums, at such time or times, and under 
such penalties, as said Directors shall, in their discre- 
tion, direct and appoint. 

Sec. 3. Be it further enacted, That the stock, 
property; affairs and concerns of the said company^ 



188 



HANCOCK FIRE & MAR. IN. CO. Feb. 20, 1819. 



Annual elec- 
tion of Direc- 
tors. 



Limitation of 
votes. 



Directors. shall be mana|^ed and conducted by seven Directors, 
one of whom shall be President thereof, who shall 
hold their offices for one year, and until others are 
chosen, and no longer ; and who shall, at the time of 
their election, be stockh(d;!ers, and citizens of this 
Commonwealth ; and shall be elected on the first 
Monday of October annually, at such time of the day, 
and in such place, in the town of Castine, as a ma- 
jority of the Directors for the time being, shall ap- 
point ; of which election, public notice shall be given, 
by advertising at two of the most public places in the 
town of Castine, aforesaid, for the space of ten days 
immediately preceding such election. And the elec- 
tion shall be made by ballot, by a majority of the 
votes of the stockholders present, allowing one vote 
to each share in the capital stock ; provided^ that no 
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, through unavoidable accident, the said Direc- 
tors should not be chosen on the first Monday of 
October, as aforesaid, it shall be lawful to choose them 
on any other day, in the manner herein prescribed. 

Sec. 4!. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after every 
ele«'tion, and shall choose out of their body one person 
to be President, who shall be sworn faithfully to dis- 
charge the duties of his office, and who shall preside 
for one year ; and in case of the death, resignation, or 
inability to serve, of the President or any Director, 
such vacancy or vacancies shall be filled for the re- 
mainder of the year in which they happen, by a spe- 
cial election for that purpose, to be held in the same 
manner as herein before directed, respecting annual 
elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and three of the Directors, or four of the Directors in 
Corporation abscnce of the President, shall be a Board, competent 
Board. for the transaction of business ; and all questions be- 

fore them shall be decided by a maj<»rity of votes ; and 
they shall have power to make and prescribe such by- 
laws, rules and regulations, as to them shall appear 
needful and proper, touching the management and 



Vacancies to 
be filled up. 



COURTS OF SESSIONS. Feb. 20, 1810. 198 

disposition of tiie stock, property, estate and effects of 
said company, and the transfer of shares, and touching 
the duties and conduct of the several Ofl&cers, Clerks, 
and Servants employed, and the election of Directors, 
and all such matters as appertain to the business of 
insurance ; and shall also have power to appoint a 
Secretary, and so many Clerks and Servants for 
carrying on the said business, with such salaries and Compensation 
allowances to them and to the President as to the said'®"**^*^^^' 
Board shall seem meet ; provided, that such by-laws 
and reguliilions shall not be repugnant to the constitu- 
tion and IdWs of this Commonwealth. 

Sec. 6. Be it farther enacted, That any two or 
more persons, named in this act of incorporation, are 
hereby authorized to call a meeting of saiel company, ^^-iist meeting, 
as soon as may be, in Castine, by advertising the same 
in two of the most public places in said town, for ten 
days at least previous to Sijid meeting, for the purpose 
of electing a first Board of Directors, who shall con- 
tinue in office until the first Monday in October, which 
shall be in the year of our Lord one thousand eight 
hundred and nineteen. 

[Approved by the Governor, February 20, 1819.] 



CHAP. CXX. 

An Act to establish Courts of Sessions, 

Sec. 1. -OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
first day of June next, an act, entitled ^' An act to 
transfer the powers and duties of the Courts of Ses- 
sions to the Circuit Court of Common Pleas, and for Act i-epeaietK 
other purposes," passed on the twenty-eighth day of 
February, in the year of our Lord one thousand eight 
hundred aud fourteen, excepting the first section there- 
of ; and all other acts, and parts of acts, in addition 
tl>ereto, be, and the same are hereby repealed : Pro^ 



190 COUIITS OF SESSIONS. Feh. 20, 181^. 

vided, however, thatnotliingin this act contained, shall 
be considered as extending to the Counties of Suf- 
folk, Nantucket, and Dukes' County. 

Sec. %. Be it further enacted^ That from and after 
the first day of June next, the Court of Sessions, in 
the several counties in this Commonwealth, shall be 
Powersof holdeu by one Chief Justice, and two Associate Jus- 
courts oi ses. ^jj.gg^ ^jj, ^jjy ^^YQ ^f them, to be appointed and com- 
missioned by the Governor, with advice and consent 
of Council, as soon as conveniently may be ; who shall 
have all the powers, rights, and privileges, and be 
subject to all the duties which are now vested in the 
Circuit Courts of Common Pleas, relative to the erec- 
tion and repair of gaols, and other county buildings, 
the allowance and settlement of county accounts, the 
estimate, apportionment, and issuing w^arrants for as- 
sessing county taxes, granting licenses, laying out, 
altering, and discontinuing highways, and appointing 
committees, and ordering juries for that purpose. 

Sec. 3. Be it further enacted, That the Courts of 
Sessions shall be holden within and for the several 
counties in this Commonwealth, at the times and 
places following, to wit : Within and for the County 
of Essex, at Ipswich, on the second Tuesday of 
April, and second Tuesday of October; within and 
for the County of Middlesex, at Cambridge, on the 
Times of hold- first Tucsday in January, and at Concord, on the se- 
in- Courts cQud Tucsday in May, and on the third Tuesday in 
Septem.ber ; within and for the County of Worcester, 
at Worcester, on the second Tuesday of March, and 
on the second Tuesday of September ; within and for 
the County of Hampshire, at Northampton, on the 
first Tuesday in September, and on the first Tuesday 
in March ; within and for the County of Hampden, 
at Springfield, on the fourth Tuesday in March, and 
on the Tuesday next preceding the fourth Monday in 
August ; within and for the County of Franklin, at 
Greenfield, on the first Tuesday in March, and on the 
third Tuesday in November ; within and for the 
County of Berkshire, at Lenox, on the last Tuesday 
in April, and on the last Tuesday in September; 
within and for the County of Norfolk, at Dedham, on 
the third Tuesday of April, and on the fourth Tues- 



COURTS OF SESSIONS. Feb, 20, 1819. 191 

day in September ; within and for the County of Ply- 
mouth, at Plymouth, on the third Tuesday in March, 
and on the first Tuesday in August ; within and for 
the County of Bristol, at Taunton, on the fourth 
Tuesday in March, and on the fourth Tuesday in 
September ; within and for the County of Barnstable, 
at Barnstable, on the last Tuesday in March, and on 
the third Tuesday in September ; within and for the 
County of York, at York, on the Tuesday next pre- 
ceding the third Monday of April, and at Alfred, on 
the Tuesday next preceding the second Monday in 
September; within and for the County of Oxford, at 
Paris, on the third Tuesday of June, and first Tues- 
day of October ; within and for the County of Cum- 
berland, at Portland, on the fourth Tuesday in March, 
and on the first Tuesday in September ; within and 
for the County of Kennebec, at Augusta, on tlie last 
Tuesday in April, and on the first Tuesday in De- 
cember ; within and for the County of Somerset, at 
Norridgewock, on the second Tuesday in March, and 
on the second Tuesday in September ; within and for 
the County of Lincoln, at Wiscasset, on the third 
Tuesday in May, and at Warren, on the third Tues- 
day in January ; within and for the County of Han- 
cock, at Castine, on the Thursday next succeeding 
the third Tuesday of March, and on the Thursday » 
next succeeding the third Tuesday of November ; 
within and for the County of Washington, at Machias, 
on the first Tuesday in March, and on the first Tues- 
day in September ; within and for the County of Pe- 
nobscot, at Bangor, on the first Tuesday in March, 
and on the first Tuesday in September. 

Sec. 4. Be it further enacted, That all matters 
taken for, returnable to, or pending, in the several 
Circuit Courts of Common Pleas, on the first day ofcimiitCouKs 
June next, of which the jurisdiction is hereby trans- Jj"/[™g^''[^^''''''" 
ferred to the Courts of Sessions, shall be returnable Co"rts of ses- 
to, have day, be proceeded in, and determined by the"°"^' 
respective Courts of Sessions, within and for the same 
counties, at the term thereof, which shall be holden 
uext after the first day of June next. And the Clerks 
of the Circuit Courts of Common Pleas, within the 



193 HIGHWAYS. Feb. 20, 1819. 

several counties, shall be Clerks of the Court of Ses- 
sions. 

Sec. %. Be it farther enacted^ That the Justices of 

the Courts of Sessions shall receive, for their services, 

Salaries. three dollars for each day, during their attendance in 

said Court, and one dollar for every ten miles travel, 

to be paid out of the County Treasury. 

[Approved by the Governor, February 20, 1819.] 



CHAP. CXXI. 

An Act iu addition to the several acts now in force, 
respecting Highways. 

Sec. 1. J5E it' enacted hj the Senate and House 
of Representatives^ in General Court assembled^ and 
by the authority of the same, That the several towns 
in this Commonwealth, having a population of eight 
Assessments for liundred inhabitants, at any public, legal meeting of 
ug ways. ^^^ inhabitants thereof, regularly notified and warned 
for that purpose, may vote to raise any sum of money, 
to be laid out for the making and repairing of high- 
ways and townways, in said towns respectively, as 
they may deem necessary ; and may, by a vote of 
said towns respectively, if they see fit, direct the same 
to be assessed in money on the polls and rateable es- 
tate, real and personal, of the inhabitants, residents, 
and non residents, of their town, as other town charges 
are by law assessed ; and the same to be committed 
to the Collector of taxes for said town, to be collected 
and paid, as other town charges are collected and 
paid, any law to the contrary notwithstanding. 

Sec. 2. Be it farther enacted, That when any persoii 
finding himself aggrieved by the doings of a commit- 
tee in locating a new highway, or common road, from 
town to town, or place to place, or in estimating dam- 
ages, has, or shall hereafter, apply to the Court hav- 
ing jurisdiction in this behalf, and the town or corpq? 
r^i-tion has applied, or shall apply, iu like manner, and 



TRADE AND NAVIGATION. Fel. 20, 1819. 193 

both applications are, or shall be pending before the 
same ( ourt, then the same Court maj hear and finally 
determine both applications, by one and the same 
jurr, or committee, and not by two several juries or Differences to 
committees; and the party, whose complaint shall byinelmy,^'^ 
appear to have been without just cause, shall be at all 
the costs incurred on that occasion, to be taxed against 
him by the Court ; and the verdict of the jury, or the 
report of the committee agreed upon, being made un- 
der their hands and seals to the said Court, shall con- 
clude both parties, with respect to the damages, and 
also finally fix and determine the place of such road 
or highway, any law to the contrary nothwithstand' 
ing. 

[Approved by the Governor, February 20, 1819.] 



CHAP. CXXII. 

An Act to encourage Trade and Navigation within 
this Commonwealth. 

WHEREAS it is of the greatest consequence to 
this Commonwealth, and to the United States, to pro- 
mote the increase of the number of ships and vessels, 
and to prevent any discouragement to merchants and PieamWe. 
others from being interested and concerned therein : 
and, whereas it has been held that owners of ships 
or vessels, are answerable for goods, wares, and mer- 
chandize, shipped on board the same, although the 
said goods, wares, and merchandize, should be em- 
bezzled, lost, or destroyed, by the masters or mari- 
ners of said ships and vessels, without the knowledge 
or privity of the owner or owners ; by means where- 
of, merchants and others may be discouraged from ad- 
venturing their fortunes, as owners of ships or vessels, 
■which will necessarily tend to the prejudice of the 
trade and navigation of this Commonwealth : There^ 
fore^-^ 



i9h TRADE AND NAVIGATION. Feb. 20, 1819. 

Sec. 1. BE it enacted bij the Senate and House 
of Representatives^ in General Court assembled, and 
by the authority of the same. That from and after the 
passing of this act, no person or persons, who is, are, or 
shall be, owner or owners, in part or in whole, of any 
Owners of ship or vessel, shall be subject or liable to answer 
S^Thrmisco'i*^ fo^'j or make good to any one or more person, or per- 
diici ofiiiecap. sons, any loss or damage, by reason of any embezzle- 
ment, secreting or making way with, by the master 
or mariners, or any of them, of any goods, wares, or 
merchandize, or any property whatsoever, which shall 
be shipped, taken in, or put on board any ship or 
vessel, or for any act, matter, or thing, damage, or 
forfeiture done, occasioned, or incurred by the said 
master or mariners, or any of them, without the priv- 
ity or knowledge of such owner or owners, further 
than the value of the interest which such owner or 
owners have, or had at the time of such shipment, in 
the ship or vessel, with all her appurtenances, and 
the full amount of his interest in the freight due, or to 
grow due, for and during the voyage wherein such 
embezzlement, secreting, or making way with, as 
aforesaid, or other malversation of the master or mari- 
ners, shall be made, committed, or done, any law, 
usage, or custom to the contrary notwithstanding. 

Sec. 2. Be it further enacted. That if several 
freighters or proprietors of any such goods, wares, or 
, merchandize, or any property whatever, shall suffer 

loss or damage, by any of the means aforesaid, in the 
^same voyage, and the value of the ship or vessel, and 
Average ot all her appurtcnanccs, and the amount of the freight 
due, or to grow due, during such voyage, shall not be 
sufficient to make compensation to all and every of 
them, then such freighter or proprietor shall receive 
satisfaction thereout in average, in proportion to their 
respective losses and damages ; and in every such 
case, it shall, and may be lawful to, and for such 
freighters or proprietors, or any of them, in behalf 
of himself, and all other such freighters and propri- 
etors, or to, or for the owners of such ship or vessel, 
in behalf of himself, and all the other part owners 
of such ship or vessel, to exhibit a bill in the Su- 
preme Judicial Court, for a discovery of the total 



Ifusses. 



TRADE AND NAVIGATION. Feb. 20, 1819. 195 

amount . of such losses and damages, and also of 
the value of such ship or vessel, appurtenances 
and freight, and for an equal distribution and pay- 
ment thei'eof, amongst such freighters and proprie- 
tors, in proportion to their losses and damages, ac- 
cording to the rules of equity. And the said Su- 
preme Judicial Court is hereby vested with full power 
and authority to entertain, hear, determine, and de- 
cree, in such cases, in the same manner as Courts of 
Equity would have authority to do : Provided, that 
pothing in this act contained, shall be construed to 
operate upon, or affect any contracts of affreightment, 
express or implied, or any shipment of goods, wares, Provisos. 
and merchandize, or other property, upon any ship or 
vessel, whose voyage shall have commenced before 
the passing of this act : Provided, also, that this 
act shall not be construed to extend to, impeach, les- 
sen, or discharge any remedy, which any person or 
persons now hath, or may have, against all, every or 
any, the master or mariners of such ship or vessel, 
for, or in respect of any embezzlement, secreting, or 
making way with, any goods, wares, or merchandize^ 
or other property, shipped or loaded on board such 
ship or vessel, or on account of any fraud, abuse, or 
malversation of, and in such masters and mariners 
respectively ; but such remedy shall remain in the 
same m.inner. and to the same extents, as if this act 
had not passed. 

Sec. 3. Be it further enacted, That the charterer of 
any vessel, (in case he shall navigate such vessel at 
his own expense) shall be considered the owner, with- 
in the meaning of this act; and, in case any loss orcimrtetei toix; 
damage shall happen to any person or persons, by J"^]^*|.f.'"""' 
any of the causes or circumstances mentioned in the 
first section of this act, and such loss or damage shall 
be compensated from the freight, or the proceeds of 
the sale of such vessel, or both, in manner as herein 
before provided ; then the owner or owners of such 
vessel or vessels, shall have a right to recover the 
value of such vessel or vessels, of the person or per- 
sons, to whom such vessel or vessels shall have been 
chartered, as aforesaid. 

[Approved by the Governor, February ^0, 1819.] 



196 PUNISHMENT OF CONVICTS. Fth, 19, 1819 



CHAP. CXXIII. 

An Act relating to the Piinishiaent of Convicts, who 
may be sentenced to solitary imprisonment, and 
confinement to hard labor. 



Discretion of 
Courts. 



Management 
of labur. 



Sec. 1. liE tf enacted by the Senate and House 
of Tiepresentatives, in General Court assembled, and 
by the authority of the same, That from and after the 
passing of this act, wherever any person convicted of 
any crime or offence whatever, shall be dnly sentenced 
therefor to solitary imprisonment and confinement to 
hard lal)or for any term, not exceeding three years ; 
such convict not having been before sentenced to a like 
punishment, by any Court of this, or of any other of 
the United States, the Court, before whom such con- 
viction shall be had, may, in their discretion, order 
the said sentence to be executed in the common gaol, 
or house of correction of the county, in which the 
offence shall have been committed. And the Keeper 
of such gaol, or house of correction, is hereby author- 
ized and required to execute such sentence of solitary 
imprisonment, by confining the convict in one of the 
cells of the gaol, or house of correction, if there be 
any such, and if there be not, then in the most retired 
and solitary part of the prison, or house of correction ; 
and during the time of such solitary confinement, the 
convict shall be fed with bread and water only, unless 
other food shall be necessary for the preservation of 
his or her life ; and no intercourse shall be allowed 
with such convict, except for the conveyance of food, 
and other necessary purposes. 

Sec. 2. Be it further enacted, T\mt the Keeper of the 
gaol, or house of correction, to which such convict shall 
be committed, shall, after the expiration of the term 
of solitary imprisonment, furnish the convict with tools 
and materials to work with, in any suitable manner, 
in which his or her time can be usefully and profita- 
bly employed, either in the gaol, or house of correc- 
tion, or within the close yard thereof, in the day time ; 
and such convict, when set to work in the yard, shall 



PUNISHMENT OF CONVICTS. Feb. 19, 1819. 197 

be confined with a log and chain, or in such other 
manner as shall prevent his or her escape, without 
unnecessarily producing bodily pain, or interrupting 
his or her labor. And it shall be the duty of the 
Sheriff in each county, to oversee the execution of all 
such sentences, and to make such rules and regula- 
tions, from time to time, as may best effect the pur- Rules and legr 
poses of this act, and to cause the same to be duly'^'^''°"'" 
executed ; and all such rules and regulations shall be 
reported to the Circuit Court of Common Pleas, in 
the county w^ithin vi^hich the gaol, or house of correc- 
tion is situated, and to the Municipal Court, in the 
town of Boston, respectively ; and may be repealed 
and altered by the said Courts, as they shall see fi,t. 
And it shall be the duty of the Keeper of such gaol, 
or house of correction, to report to the said Courts re- Gaoiei> re- 
spectively, at every session thereof, within his county, p°*^" 
the names and condition of all such convicts in the 
gaol, or house of correction, and the manner in which 
they are treated and employed. And if any convict 
shall, during the lime for which he or she is sentenced 
to hard labor, refuse or neglect, without any reasona- 
ble excuse therefor, to labor ih any suitable manner, 
when tools and materials for that purpose are fur- 
nished, as aforesaid, such convict shall, so long as he 
or she shall so refuse or neglect to labor, be kept in 
solitary imprisonment, and fed on bread and water 
only, in the manner provided in the first section of 
this act. 

Sec. 3. Be it further enacted, That the Keeper of 
every gaol, or house of correction, to which any such 
convicts shall be committed, shall cause to be kept a 
true account of the labor of every such convict, and of Account of 
■the articles manufactured or produced by each, and'**^"^'* 
all other proceeds of his or her labor ; and also of the 
cost of the materials furnished to each convict, and of 
all other charges and expenses attending the execution 
of this act ; and he shall also cause to be sold, the 
artie^les manufactured by each convict, or other pro- 
duce of his or her labor, and keep a like account of 
the proceeds of such sales ; all which accounts shall, 
from time to time, be reported and presented to the 
respective Courts above mentioned, in the county 
S6 



19^ PUNISHMENT OF CONVICTS, Feb. 19, 1819. 

within wliieb the gaol, or house of correction is situ- 
ated. And if, at the expiration of the term for which 
any such convict shall have been sentenced, it shall 
appear that the proceeds of his or her labor have 
been more than sufficient to pay for the cost of the 
Bewaidoiia- materials with which he or she may have been fur- 
^°''' nished, and for his or her maintenance in the gaol, or 

house of correction, and for all other charges and ex- 
penses incurred, in keeping such convict confined, and 
cmployejj in manner aforesaid, the residue of such 
proceeds shall be paid over to such convict, for his or 
Proviso. her own use : Provided, however, that the several 

Courts aforesaid, if they see fit, at any time during the 
confinement of such convict, when it shall appear to 
them that the proceeds of his or her labor are more 
than sufficient for the purposes aforesaid, may order 
the residue of said proceeds, or any part thereof, to 
be paid over to the use of the family of such convict, 
if any he or she hare ; and in such case, the balance 
only of such proceeds, if any remain at the time of the 
discharge of such convict, shall be paid to him or her, 
in manner aforesaid. And all charges and expenses 
incurred in maintaining such convicts, and keeping 
them employed, excepting such as maybe reimbursed 
by the proceeds of their labor, as aforesaid, shall be 
paid in like manner as the expenses and charges for 
maintaining convicts in the State Prison, are now by 
law payable ; the accounts of the Gaoler, or Keeper of 
the house of correction, in that behalf, being first set- 
tled and allowed by the several Courts aforesaid, in 
the counties respectively in which the gaols, or houses 
of correction are situated y and i]\<d said Courts are 
hereby authorized to order such sums as may, from 
time to time, be necessary, to enable the Oaoler, or 
Keeper of the house of correction, to provide such 
tools and materials, as aforesaid, to be advanced and 
paid to him, out of the treasury of the county in which 
the gaol, or house of correction, may be situated ; such 
Gaoler, or Keeper of the house of correction, to be ac- 
countable, in manner above mentioned, for the expen- 
diture of the same, and to repay the amount thereof 
into the said county treasury, out of the proceeds of 
the labor of such convicts, or out of the monies re- 



PUNISHMENT OF CONVICTS. Feb, 19, 1819. 199 

ceived by him, in that behalf, from the treasury of 
this Commonwealth. 

Sfx. 4. Be it further enacted. That if any such 
convict shall be unruly, or shall disobey any of the 
regulations, established as aforesaid, for the govern- 
ment of the convicts in the gaol, or house of correc- 
tion, to which he or she is committed.it shall be law- 
ful for the Sheriff of the county in which the gaol, or 
house of correction may be, after due inquiry into the 
circumstances of the case, to order such unruly or dis- 
orderly convict to be kept in solitary imprisonment, Punisjjjment. 
and to be fed on bread and water only, in the manner 
provided in the first section of this act, for a term not 
exceeding ten days, for every such offence. And ji 
shall be the duty of the Gaol Keeper, or Keeper of 
the house of correction, to furnish every such convict, 
who may be capable and willing to read, with a copy 
of the Bible, and with such moral and religious tracts, 
as may be suited to their condition, when he can pro- 
cure the same from any of the Bible Societies in the ni^^i. s mu\ 
Commonwealth, or from other well disposed persons ; ?„',.nS,e\^ p?;s. 
and also to permit any Minister of the Cxospel, wlio""^'^ 
may be disposed to aid in producing the reformation 
of such convicts, and to instruct them in their moral 
and religious duties, to have access to them, when in 
solitary imprisonment, and at all other times, when 
not employed in labor, according to the provisions of 
this act. 

Sec. 5. Be it further enacted, That when any gaol, 
or house of correction, shall hereafter be erected in 
any county, suitable apartments shall be made there- 
in, for the purpose of solitary imprisonment ; and 
yards shall be laid out, adjoiningt hereto, of sufficient r.ison raids.. 
dimensions, for the employment of all such convicts, 
and enclosed with a fence, sufficiently high and strong 
to prevent escapes, and to prevent all access to, oi* 
intercourse with such convicts, by any persons from 
without the prison. And it shall be the duty of the 
Court of Sessions in every county in which there is 
now a gaol, or house of correction, suitable for the con- 
finement of such convicts, forthwith to order such yards 
to be laid out, and enclosed as aforesaid, adjoining to 
siich gaol; or house of correction : and any county, 



:^00 PUNISHMENT OF CONVICTS. Feb. 19, 1819. 

which shall, for the space of two years after such or- 
der, neglect to make such yard and fence, according 
to the provisions of this act, shall forfeit and pay, to 
the use of the CoramonweaUh, the sura of five hundred 
dollars ; and the like sum for every year afterwards, 
during the continuance of such neglect ; to he recov- 
ered on information or indictment before the Supreme 
Judicial Court, when sitting within or for any adjoin- 
ing county. 

Sec. 6. Be it further enacted. That whenever it 
shall appear to the Court, at the time of passing such 
sentence as aforesaid, that there is no gaol nor house 
of correction in the county, in which the offence may 
have been committed, suitable for the confinement of 
ijoniovaiof such convict, according to the provisions of this act, 
i.nsoiieis. such Court may order the sentence to be executed in 
any neighboring county, in which there may be a gaol, 
or house of correction, suited to that purpose ; and 
every such convict shall be confined and kept at work 
in the gaol, or house of correction, to which he shall 
be so committed, in like manner, in all respects, as if 
the sentence had been passed in the county in which 
the gaol, or house of correction, is situated. 

Sec. 7' Be it further enacted^ That if any convict, 
sentenced as aforesaid, shall escape from prison, and 
Aii;?inented shall bc tlicrcof duly couvictcd, before any Court com- 
mMwaycou" petcut to try the same, he or she shall be punished by 
vixxs. confinement to hard labor in and within the precincts 

of the State Prison, in Charlestown, in the County of 
Middlesex, for so much of the term, for which he or 
she was originally sentenced, as may remain unexpir- 
ed at the time of such second conviction ; and shall 
also be further punished for such escape, by solitary 
imprisonment for a term not exceeding sixty days, and 
by confinement afterwards to hard labor for a term not 
exceeding ten years, in and within the precincts of 
the State Prison aforesaid. 

Sec. 8. Be it further enacted, That if any boy, un- 
der the age of sixteen years, or any female, of whatso- 
Connneinentof ever agc, shall be convicted of any offence, for which 
males!*" *^' the puuishment may, by law, be confinement to hard 
labor for any term not exceeding three years, such 
eonvict, not having been before sentenced to a like 



ROBBERY & MANSLAUGHTER. Feb. 19,1819. 201 

punishment, by any Court of this, or of any other of 
the United States, he or she shall not be committed 
for punishment to the State Prison, but shall suffer the 
punishment of solitary imprisonment and confinement 
to hard labor, if thereto sentenced, in tlie common 
gaol, or house of correction, in the manner provided 
in this act. 

[Approved by the Governor, February 19, 1819.] 



CHAP. CXXIV. 

An Act making further provision for the punishment 
ofRobbery, Manslaughter, and Felonious Assaults. 

Sec. 1. JjE it enacted by the Senate and House 
of Uepresentatives, in General Court assembled, and 
by the authority of the same, That if any person shall 
commit an assault upon another, and shall rob, steal, 
and take from his person any money, goods, or chat- 
tels, or any property, which may be the subject of Assault ami 
larceny, such robber, being, at the time of committing !s£ 'by deaA 
such assault, armed with a dangerous weapon, with 
intent to kill or maim the person so assaulted and rob- 
bed ; or if any such robber, being armed as aforesaid, 
shall actually strike or wound the person, so assault- 
ed and robbed ; every person so offending, and every 
person present, aiding and abetting in the commission 
of such felony, or who shall be accessory thereto be- 
fore the fact, by counselling, hiring, or procuring the 
same to be done and committed, and who shall be 
duly convicted thereof, shall suffer the punishment of 
death. 

Sec. 2. Be it further enacted, That if any person 
shall commit the crime of manslaughter, and shall be Pimishmetit of 
thereof duly convicted, every such offender shall be^ anbaugitei. 
punished by solitary imprisonment, for such term, not 
exceeding six months, and by confinement afterwards 
to hard labor, for such term, not exceeding ten years, 
as the Court, before whom the conviction may be^ shall 



202 PILOTAGE. Feb. 19, 1819. 

sentence and order ; or by fme, not exceeding one 
thousand dollars, and imprisonment in the common 
gaol, for a term, not exceeding three years, at the dis- 
cretion of the Court, before Avhom the conviction may 
be. 

Sec. 3. Be it further enacted^ That if any person, 
being armed with a dangerous weapon, and with in- 
tent to commit murder or robbery, shall assault ano- 
tlier, every such oftender, and every person present, 
aiding and abetting, or who shall be accessory before 
the fact, to the commission of either the offences afore- 
Punishmentof said, by counsclUng, hiring, or procuring the same to 
be done and committed, and who shall be thereof 
duly convicted, shall be punished by solitary impris- 
onment for such term, not exceeding one year, and by 
confinement afterwards to hard labor, for such term, 
not exceeding twenty years, as the Court, before whom 
the conviction may be, shall sentence and order. 

[Approved by the Governor, February 19, 1819.] 



CHAP. CXXV. 

An Act in addition to an act, entitled ^^ An act for reg- 
ulating Pilotage in several ports in this Common- 
wealth, and for otherwise regulating the Pilotage 
of the Port of Boston." 

Sec. 1. OE it enacted by the Senate and House 
of Representatives f in General Court assembled, and 
by the authority of the same. That any master of a 
vessel, drawing nine feet of water and upwards, 
(coasting vessels, or vessels without registers, except- 
ed,) who may choose to hazard the pilotage of his 
vessel into the harbor of Boston, either by himself, or 
any pilot of any port in Massachusetts, whom he may 
choose to employ, shall be at liberty so to do ; sub- 
ject however, to the following provisions, to wit : 
Full Pilotage, that whenever a vessel takes a branch pilot, he shall 
be paid the full rate of pilotage ; and the first branch 



HLOTAGE. Feh. 19, 1819. 203 

pilot who shall offer liis services, before a vessel sliall 
be westward of a line extending from Nahant Head 
to the outer part of the Graves, and from tlienee to 
Harding's Rocks, and whose services shall not be 
accepted, shall be entitled to receive the full rate of 
pilotage, according to the fees s[>ecified in his war- 
rant. And if a pilot offers himself after a vessel has 
passed the line before described, and before she pas- 
ses to the westward of the Light House, (if in Light 
House Channel,) or before the Light House can be seen 
to the westward of the Great Brewster, (if in Broad Half Piiotagfe, 
Sound,) and his services are not accepted, he shall be 
entitled to half the usual rate of pilotage. 

Sec. S. Be it further enacted, That all former acts 
and parts of acts, so far as they may be inconsistent ActsrepeaidT. 
with the provisions of this act, be, and the same are 
hereby repealed. 

[Approved by the Governor, February 19, 4819.] 



SE2E 



COMMONWEALTH OF MASSACHUSETTfcl. 

SECUETARY's OFFICK, APRTIi 14, 1819. 

BY this I certify, that the Laws contained in tliis pamphlet, 
Vv'hich were passed at the Session in January and February, 1819, 
have been compared with the originals in this office, and appear 
to be correct j except in page 97, " HecWrngton^^ should be Eed- 
ington. 

ALDEN BRADFOKD, 

Secretary of Commonwealth, 



LAWS 



COMMONWEALTH OF MASSxVCHUSETTS, 
PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWELFTH 

DAY OF JANUARY, AND ENDED THE TWENTY FIFTH DAY OF 

FEBRUARY, EIGHTEEN HUNDRED AND TWENTY. 



CHAP. CXCV. 

An Act to incorporate the Chapel Religious Society, 
in North Yarmouth. 
> 

Sec. 1. IJE zY enacted by the Senate and House of ' 
JRepresentatives^ in General Court assembled, and by 
the authority of the same, That Samuel Mason, Alex- Persons incop- 
aniler Barr, Samuel Bucknam, William Scales, John,^"^^^®''" 
Small, William Small, Jeremiah Mitchell, Junior, Be- 
zaleel Young, John Prince, Cornelius Moxey, Phine- 
has Parker, Joshua Gray, William Pittee, Richard 
Parker, John Hays, Reuben Prince, Stephen Moul- 
ton, Adams Gray, Reuben Loring, Thomas Scales, 
Levi Chase, Levi H. Moulton, Charles Myrick, James 
Parker, Jonathan Moulton, Levi Whitcomb, Theophi- 
lus Drink water, John Young, Robert Barr, Daniel 
Mitchell, Junior, Benjamin Parker, Ruddock Prince^, 
Alexander Barr, Junior, Wentworth Ricker, Joel Rick- 
er, Jacob Hill, Hezekiah Hill, Hezekiah Hill, Junior, 
James Hill, John Hill, Nicholas Drinkwater, David 
Chandler, John Chandler, David Chandler, Junior^ 
Eleazer, Hill; Henry Moxey, David Gray, Thomas 



308 



CHAPEL BOCIETY, 



Jaw. 20, 1820. 



Glpneral pow- 
ers. 



Conditions of 
JVIeiobership. 



Proviso. 



Conditions of 
secession. 



Proviso. 



Prince, Tristram Gr. Prince, Reuben Small, Abel Mer- 
rell, John Pittee and John J). Blanchard, with their 
polls and estates, together with such others as may 
hereafter associate with them, and their successors, be, 
and they are hereby incorporated, by the name of the 
Chapel Religious Society, in North Yarmouth, with 
all the powers and privileges, and subject to all the 
duties of other religious societies, according to the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted. That any person in 
the said town of North Yarmouth, who may at any 
time hereafter, desire to become a member of said 
Chapel Religious Society, and give in his or her name 
to the Clerk of the parish or society, to which he or 
she may belong, with a certificate signed by the Min- 
ister or Clerk of said Chapel Religious Society, that 
he or she hath actually become a member of, and uni- 
ted in religious worship with said Chapel Religious 
Society, fourteen days previous to the parish or soci- 
ety meeting, to be held in the month of March or April, 
annually, shall, from and after giving such certificate, 
with his or her polls and estates, be considered as a 
member of said Chapel Religious Society : Provided, 
however, that all such persons shall be held to pay 
his or her proportion of all monies voted or assessed 
in the parish or society to which he or she belonged 
previous to that time. 

Sec. 3. Be it further enacted, That whenever any 
member of said Chapel Religious Society, shall desire 
to leave the same, and unite with any other religious 
society in said town of North Yarmouth, and shall 
give in his or her name to the Clerk of said Chapel 
Religious Society, with a certificate signed by the 
Minister or Clerk of the parish or society, with which 
he or she may unite, that he or she hath actually be- 
come a member of, and united in religious worship 
with such other parish or society, fourteen days pre- 
vious to their annual meeting in Marcli or April, shall, 
from and after giving sucli certificate, with his or her 
polls and estates, be considered as a member of such 
other parish or society, to which he or she may so 
unite : Provided, however, that every such person 
shall be held to pay his or her proportion of all monies 



PILGRIM SOCIETY. Jan. 24, 1820. 309 

voted or assessed in said Chapel Religious Society, 
previous to that time. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace in the County of Cumberland, upon appli- 
cation therefor, is hereby authorized to issue a warrant, 
directed to some suitable member of said Chapel Re- 
ligious Society, requiring him to notify and warn the 
members thereof, to meet at such time and place as shall Meeting?. 
be appointed in said warrant, to choose all such oiRcers, 
and transact all such business, as parishes are, by law, 
entitled to choose and transact in the month of March 
or April, annually. 

[Approved by the Grovernor, January 20th, 1820.] 



CHAP. CXCVI. 

An Act to incorporate the Pilgrim Society. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That John Watson, J oshua Persons imor- 
Thomas, Beza Hayward, William Davis, and Barna- "^^^""^^ ' 
bas Hedge, together with such others, as now are, or 
hereafter may be associated with them, for the purpose 
of procuring in the town of Plymouth, a suitable lot, 
or plat of ground, for the erection of a Monu- 
ment, to perpetuate the memory of the virtues, the 
enterprize, and unparalleled sufferings of their ances- 
tors, who first settled in that ancient town ; and for the 
erection of a suitable Building, for the accommodation 
of the meetings of said associates ; which Monument 
and Building shall, forever, be free from taxation, 
(while the property of said corporation,) be, and they 
hereby are incorporated into a society, by the name of 
the Pilgrim Society; and by that name, shall be a General pon- 
corporation forever; with power to have a common ^'^^^ 
seal, to make contracts, relative to the object of their 
institution, to sue and be sued, to establish by-laws 
for the regulation of the society ; jjrovided, such by- 



310 UNIVERSALIST SOCIETY. Jan. 24, 1820. 

laws be not repugnant to the constitution and laws 
of this Commonwealth ; to choose a President, and 
such other officers, as may be thouglit expedient ; to 
take, hold and possess, any estate, real or personal, by 
subscription, gift, grant, purchase, or otherwise, for the 

proviso. purposes aforementioned ; provided, the value of said 
estate, shall not exceed ten thousand dollars. 

Sec. 2. Be it further enacted, That the time and 
place, for holding the first meeting of said society, may 
be appointed by any three of the aforenamed persons, 
by their giving notice thereof, in the Columbian Centi- 
nel, printed in Boston ; and at such meeting, the said 
society may agree upon the mode of calling future 

Mettings, meetings ; may adjourn from time to time ; may choose 
such officers as may be deemed expedient, and estab- 
lish by-laws to regulate said society. 

[Approved by the Grovernor, January 24th, 1820.] 



CHAP, cxcvn. 

An Act to incorporate the First Universalist Society, 
in the town of York. 

Sec. 1. XjE it enacted by the Senate and House of 
Hepresentativies, in General Court assembled, and by 
the authority of the same. That Thomas Savage, Dan- 
PersoHs incor- iel Brooks, Solomou Brooks, William Stacy, Nathan- 
porated. j^^ Parsous, Alexander Mclntire, Joshua Johnson, 
Josephus Howard, Samuel Moody, Junior, Eliakim 
Sevey, Daniel Sweet, Jonathan Young, Elihu Bragdon, 
William Mclntire, Micum Mclntire, Daniel Crosby, 
Joseph Todd, Matthias Bragdon, Isaac Bowden, Jun- 
ior, Theodore Wilson, Ebenezer Weare, Ebenezer 
Simpson, Eliphalet Grrover, James Nowell, William 
Burley, James Bragdon, Joseph Swett, Junior, William 
P. Stacy, Elias Main, Paul Junkins, David Blaisdell, 
Junior, Joseph Freethy, Jotham Trafton, Joshua 
Moore, Daniel Baynes, Junior, Theodore Webber, 
Junior, Mark McIntirc; John Bragdon, Thomas Em- 



UNIVERSALIST SOCIETY. Jan. 24, 1820. 311 

ery, Daniel Carlisle, James Stevens, William Beddel, 

Nathaniel Webber, and Ichabod Emery, with their 

polls and esates, be, and they are hereby incorporated, 

by the name of the First Universal Society, in York, 

with all the privileges, powers, and immunities, to General pw- 

which other religions societies are entitled by the con- ^"' 

stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any person in 
the said town of York, or in the adjoining towns, who 
may, at any time hereafter, desire to become a member conditions of 
of said Universalist Society, and give in his or her""^"* ^" '"^ 
name to the Clerk of the town or parish, to which he 
or she may belong, with a certificate, signed by the 
Minister or Clerk of said Universalist Society, that 
he or she hath actually become a member of, and uni- 
ted in religious worship with said Universalist Society, 
fourteen days previous to the town or parish meeting, 
to be held in the month of March or April, annually, 
shall, from and after the date of sucli certificate, with 
his or her polls and estates, be considered as a mem- 
ber of said Universalist Society : Provided , however ^ Proviso. 
that all such persons, shall be held to pay his or her 
proportion of all monies voted or assessed in the town 
or parish, to which lie or slie belonged, previous to that 
lime. 

Sec. 3. Be it further enacted, That Avhenever any 
member of said Universalist Society, shall see cause 
to leave the same, and unite Avith any other religious Conditions of 
society in the town or parish, in which he or she may ''"^^'"°° 
reside, and shall give in his or lier nameto the Clerk 
of said Universalist Society, witli a certificate, signed 
by the Minister or Clerk of the parish or society, with 
which he or she may unite, that lie or she hath actu- 
ally become a member of, and united in religious wor- 
ship with such other parish or society, fourteen days 
previous to their annual meeting in March or April, 
and shall pay his or her proportion of all monies vo- 
ted or assessed in said Universalist Society, previous 
thereto, shall, from and after giving such certificate, 
with his and her polls and estates, be considered as a 
member of such other parisli or society, to which he 
or she may so unite. 

SeCc 4. Be it further enacted ^ That any Justice of 



312 WESTERN SOCIETY.— CANAL. Jan.24, 182G. 

the Peace, in the town of York, upon application there- 
for, is hereby authorized to issue his warrant, directed 
to some suitable member of said Universalist Society, 
requiring him to notify and warn the members thereof, 
Meetings. to meet at such time and place, as shall be appointed 
in said warrant, to choose all such officers, and transact 
all such business, as parishes are, by law, entitled to 
choose and transact, in the month of March or April, 
annually. 

[Approved by the Grovernor, January 24th, 1820.] 



CHAP, cxcvin. 

An Act to change the name of the Western Society 
of Middlesex Husbandmen. 

JDE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same, That the Western Society 
of Middlesex Husbandmen, a corporation created by 
an act, made and passed the twenty eighth day of 
Febiiiary, in the year of our Lord one thousand eight 
hundred and three, shall hereafter be called and known 
Name altered, by the name and style of " The Society of Middlesex 
Husbandmen and Manufacturers ; " any thing in their 
original act of incorporation, to the contrary notwith- 
standing. 

[Approved by the Grovernor, January 24th, 1820.] 



CHAP. CXCIX. 

An Act to extend the time for completing the Hancock 
Brook Canal. 

JdE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the further time of five 



CANAL.— CANAL BRID&E. Jan. 25, 1820. 318 

years, from the passing of this act, be, and hereby is 
granted to the proprietors of the Hancock Brook Ca- 
nal, to be built in the towns of Denmark and Hiram, 
in the County of Oxford, to complete the same ; the 
limitation in the act, additional to an act, granting three 
years to complete the said canal, having expired^ 
notwithstanding. 

[Approved by the Governor, January 24th, 1820.] 



CHAP. CC. 

An Act to repeal the fourteenth section of an Act, enti- 
tled ^^An Act for incorporating certain persons for the 
purpose of building a Bridge over Charles River, by 
the name of the Canal Bridge, and for extending the 
interest of the Proprietors of West Boston Bridge.*' 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the fourteenth section 
of an act, entitled " an act for incorporating certain 
persons for the purpose of building a bridge over Charles 
River, by the name of the Canal Bridge, and for ex- 
tending the interest of the proprietors of the West 
Boston Bridge," passed the twenty seventh day of 
February, in the year of our Lord one thousand eight 
hundred and seven, be, and the same is hereby re- 
pealed. 

[Approved by Hit Grovernor, January 25th, 1820.] 
41 



314 FUGITIVES.— CHURCH. Jan. 28, 182d. 



CHAP. CCI. 

Au Act iu aildirioii to au Act. entitled •• Au Act provi- 
ding for the appointment of Agent's, for demanding 
and receiving Fugitives from Justice, and for de- 
frayins; the expense of transporting them from other 
States iu the Union, to this Commonwealth.^' 

J3E it enacted by the Senate and House of 
JRepresentatives. in General Coui^ assembled^ and by 
ike authority of the same. That so much of the second 
s^ection of an act. entitled •• an act providing for the 
appointment of A£:ents. for demanding and receiving 
fugitives from justice, and for defravijig the expense 
of transporting them from other States in the Union, to 
this Commonwealth." as requires the Governor to take 
the advice of the Council, pre^"ious to issuing a wan^ant 
to the Agent or Agents aforesaid, be, and the same 
'is hereby repealed. 

[Approved by the Governor, January 28th, 1820.] 



CHAP. ccn. 

An Act to incorporate the Proprietors of St. Paul's 
Church; in Boston. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General CouH assembled, and by 
the authority of the same. That Dudley A. Tyng, 
Pos^iocor. Benjamin C-rreene. William Dehou. John Odin. Wil- 
liam Appleton. Henry Codman. David Sears, William 
Shimmin. Francis Wilbv. George Odin, and Georsre 
Sullivan, all of Boston, and all those original subscrib- 
ers, for the pui"[)ose of erecting a new Episcopal Church, 
in Common Street, in Boston, who have paid, or who 
shall pay. or secure to be paid, before the Urst meeting 
of the corporation hereby created, the whole amount of 



MEETING HOUSE. Jan. 31, 1820. 315 

their subscriptions, and who shall sii^nify, in ^mting, 
to either of the persons above named, their desire to 
become associates, are hereby incorporated as a Pro- 
testant Episcopal Society and body politic, by the 
name of the Proprietors of Saint Paul's Church, in 
Boston. Avith all the powers and privileges of other General pow- 
like religious societies, according to the constitution and ^^" 
laws of this Commonwealth, and to the rights and 
usages of the Protestant Episcopal Church in the Uni- 
ted States. The persons named and described as afore- 
said, to be and continue members of said corporation, 
until there shall be a sale of pews, in said chtirch; 
and from and after such sale, o^^iiers of peMs therein, 
shall alone be members of said corporation. 

Sec. 2. Be it further- enacted. That the said cor- 
poration, at any legal meeting, held for the purpose, 
shall have power to authorize the Wardens of said 
church to transfer and convey all, or any part of the 
real or personal estate, which said corporation may- 
acquire or possess, and to execute good and sufficient 
deeds to convey the same, in fee simple, or in any other 
manner, and for such consideration, as said corpora- 
trion, at such meeting, shall, by vote, determine. 

Sec. 3. Be it fuHher enacted. That the iirst meeting 
of said corporation shall be called, by publishing this 
act in one or more newspapers, printed in Boston, with Meetings 
a request, that all persons concerned, should meet at 
such time and place as shall be mentioned in said no- 
tice. And the said printed notice or request shall bear 
the name of one, at least, of the persons named in the 
first section of this act. 

[Approved by the Governor, January 28th, 1820. 



CH.AP. ccm. 

An Act to incorporate the Proprietors of the Fii'st 
Methodist Meeting House, in Bucksport. 

Sec. 1. JjE it enacted hij the Senate and House of 
Representatives, in General Court assembled, and hy 
the (mthoritij of the Sftme^ TJbat Abner Curtis, Joshua 



316 



MEETING HOUSE. 



Jan. 31, 1820. 



General pow- 
ers. 



Persons incer- Howcs, Jcsse Kilby, EUslia I). Eldridge, and others, 
porated. ^^^^ htiv^ associated, or may hereafter associate with 
them, for the purpose of building a meeting house, 
their sucessors and assigns, be, and they hereby are 
made a corporation and body politic, by the name of 
the Proprietors of the First Methodist Meeting House, 
in Bucksport ; and by that name may sue and be sued, 
and may have a common seal ; and may, also, ordain 
and establish such by-laws and regulations, as to them 
shall seem necessary and convenient, for the govern- 
ment of said corporation ; provided^ such by-laws and 
regulations shall not be repugnant to the constitution 
and laws of this Commonwealth ; and may purchase 
and hold real and personal estate, the annual income 
of which, shall not exceed one thousand dollars ; and 
the shares of the said corporation, shall not be less than 
fifty, nor more than one hundred in number. 

Sec. 2. Be it further enacted, That a meeting of 
said corporation shall be liolden annually, on the firgt 
Monday of January, after the present year ; at which 
meeting, the said proprietors shall, by ballot, elect five 
Trustees, one t)f whom shall be President, and any 
three of whom shall constitute a quorum for transacting 
business } a Treasurer, who shall also be Collector, 
and a Clerk, who shall respectively be sworn to the 
faithful discharge of the duties of their offices. And 
at all meetings of said corporation, each proprietor, or 
his agent, duly authorized in writing, shall have a right 
to vote, and be entitled to as many votes as he holds 
shares ; provided, no person shall be entitled to more 
than five votes. And Abner Curtis, Esquire, is hereby 
authorized to issue his warrant to some one of the said 
Fitst meeting, proprietors, for the purpose of calling their first meeting, 
for the organization of said corporation ; at which 
meeting, the said proprietors shall agree on the method 
of calling future meetings. 

Sec. 3. Be it further enacted, That whenever any 
proprietor shall refuse or neglect to pay any tax or as- 
sessment, duly voted and agreed upon by said cor- 
poration, for the purposes thereof, to the Treasurer, 
within sixty days after the same shall be made paya- 
ble, the said Treasurer, being thereto directed by tfie 
said Trustees, may sell at public vendue, the share 



Annual uieet' 
ings. 



Officers. 



CIRCUIT COUKT COM. PLEAS. Jan, 31, 1820. 317 

or shares of such delinquent proprietor, to defray said delinquent 

snsrGS II13V b*^' 

tax and necessary charges, after posting notice of the soW. 
time, place, and cause of such sale, at two or more 
public places, in said town, at least thirty days pre- 
vious to such sale ; and a certificate of the same, under 
the hand of the President and Clerk of said corpora- 
tion, shall transfer all the right, title, and interest of 
such delinquent jn the share or shares thus sold to the 
purchaser. And if the said share or shares, so sold, 
shall sell for more than the taxes or assessments there- 
on due, and charges, the overplus shall be paid over 
to such delinquent proprietor, by the Treasurer, on 
demand ; or the said Treasurer may, by the direction 
of the said Trustees, and in the name of said corpora- 
tion, sue and prosecute to final judgment and execution, 
Any such delinquent proprietor, for any tax or assess- 
ment, due on any share or shares of such delinquent 
proprietor. 
[Approved by the Governor, January 31st, 1820.] 



CHAP. CCIV. 

An Act relating to the Circuit Court of Common Pleas, 
for the Third Eastern Circuit. 

WHEREAS, owing to sundry casualties, neither 
of the Justices of the Circuit Court of Common Pleas, 
for the Third Eastern Circuit, nor the Sheriff of the 
County of Hancock, were able to attend, nor did they, 
or either of them, attend the Circuit Court of Common 
Pleas, which by law, ought to have been holden atpreamtie 
Castine, within and for the County of Hancock, on the 
third Tuesday of November last ; by reason of which, 
said Court was not opened and holden on that day, as 
by law it ought to have been : To prevent a failure of 
justice ; 

BE it enacted hy the Senate and House of Repre- 
sentativesy hi General Court assembled, and by the au- 
thority of the same, That all indictments, complaints, 
actions, suits, matters and things whatsoever, which 



Si8 UNION TURNPIKE COKPOR. Jan. 31, 1820. 

were pending in the Circuit Court of Common Pleas, 
in the County of Hancock, on the third Tuesday of 
November last, and all writs and processes, of every 
kind whatsoever, returnable to the Circuit Court afore- 
said, and which would have had day therein, had the 
Justices of the said Court attended at said Castine, on 
the day aforesaid, and opened said Court according to 
Transfer of bu-^^w, shall bc sustalucd, liave day in, and be fully acted 
upon, by the Circuit Court of Common Pleas, next to 
be holden at Castine, within and for the County of 
Hancock, on the third Tuesday of March next ; and 
all persons who were holden or bound to appear in the 
Circuit Court of Common Pleas, which, by law, ought 
to have been holden at Castine, on the third Tuesday 
of November last, shall be holden, and bound, under 
tlie same penalties, to appear in the said Circuit Court 
of Common Pleas, next to be holden at Castine, within 
and for the County of Hancock, on the third Tuesday 
of March next ; and all attachments made by virtue of 
writs returnable to the Circuit Court of Common Pleas, 
which ought, by law, to have been holden at Castine, 
on the said third Tuesday of November, which shall 
be returned to and entered in the Circuit Court of Com- 
mon Pleas, next to be holden at Castine, within and for 
the County of Hancock, on the third Tuesday of March 
next, shall be as effectual, to bind the property so at- 
tached, as they would have been, had said writs been 
returned to, and duly entered in the Court to which they 
were returnable. 

[Approved by the Governor, January 31st, 1820.] 



CHAP. CCV. 

An Act in addition to an Act, entitled ^^An Act estab^ 
lishing a Corporation, by the name of the Union 
Turnpike Corporation-" 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Union Turnpike 



SIDE BOOMS. Jan. 31., 1820. 319 

Corporation be, and they are Itereby authorized to alter 
their road, by leaving its original rout, near Benjamin Alteration of 
Willard's, in Lancaster, thence running in the most °^ 
direct and suitable course, to where the county ro*ad, 
leading to Harvard, crosses Nashua River, thence in 
and near the course of said county road, so as to reunite 
with said turnpike road, near Jonas Bateman's, in Har- 
vard. 

Sec. 2. Be it further enacted^ That whenever said 
alterations shall be made and accepted, by a Committee 
or Committees, to be appointed by the Court of Ses- 
sions, in the County of Worcester, said corporation Return of pro- 
are hereby discharged frommaintainingand keeping in *^''"^'"^''' 
repair such part of the present road, as said alteration 
shall render unnecessary, as a turnpike road. 

[Approved by the Governor, January 31st, 1820.] 



CHAP. CCVI. 

An Act in further addition to an Act, entitled "An Act 
for incorporating certain persons for the purpose of 
making, laying and maintaining Side Booms, in An- 
droscoggin River." 

Sec. 1. Be it enacted hij the Senate and House of 
Representatives y in General Court assembled, and by 
the authority of the same^ That the proprietors of the 
Booms, in Androscoggin River, in the town of Tops- 
ham be, and they are hereby empowered to extend their Extension o< 
Side Booms above the Low er Falls, on Androscoggin ^''^^ Booms 
River, at the carrying place, so called, in Brunswick, 
to within eight rods of the shore, in Topsham. 

Sec. 2. Be it furtlier enacted, That the said cor- 
poration shall be entitled to demand and receive, of the 
respective owner or owners of logs, stopped in the said pay for stop- 
river, rafted and properly secured by said corpora- P'"^ '°s^- 
tion, for the owner, above the Lower Falls, aforesaid, 
for any log or logs sufficient to make a thousand feet 
of boards, fifty cents. 

[Approved by the Governor, January 31st, 1820.1 



320 CONG. SOC. IN SPRINGFIELD. Jan. 31, 1820. 



CHAP. CCVII. 

An Act in addition to an Act, entitled "An Act to incoi^ 
porate the Second Congregational Society, in the 
First Parish in Springiield." 

Sec. 1. JtfE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the pas- 
sing of this actj the Second Congregational Society, in 
the iii"«t parish in Springfield, shall be, and hereby is 
Alteration of authorized and empowered to take the name of the 
tiUe. Third Congregational Society in Springfield, and shall 

hereafter be known and called by that name forever. 

Sec. 2. Be it further enacted, That the Clerk of 

said society shall record, in a book, to be by him kept 

for that purpose, the names of the proprietors of every 

pew, or part of a pew, in the meeting house of said 

society, and shall give to every such proprietor a cer- 

Register of pro- tificate of liis owuerslilp of such pew or part of a pew ; 

pnetors. wliich Certificate shall be full evidence of the title of 

such proprietor thereto, and shall vest the same in said 

proprietor and his heirs, to all intents and purposes ; 

and a copy of such certificate shall be recorded in the 

Transferor Same book by said Clerk ; and all transfers of a pew or 

P^*' part of a pew, in said house, shall be by deed, to be 

recorded in the same book by said clerk ; and for every 

such certificate, and for recording every such transfer, 

said Clerk shall be entitled to receive from every such 

proprietor or grantee, twenty five cents ; and all known 

officers of law, for all lawful purposes, shall have free 

access to such book of records. 

Sec. 3. Be it further enacted. That Joshua Frost, 
Jonathan D wight, Junior, Robert Emery, Jolui How- 
ard, and Samuel Orne, Esquires, and their successors, 
Persons incor- bc, and they hereby are constituted a body politic and 
yorated. corporate forever, by the name of the Trustees of the 
Fund of the Third Congregational Society, in Spring- 
field ; and they shall have a common seal, subject to 
be altered at their pleasure, and they may sue and be 
sued in all actions, real, personal and mixed, and prose- 
cute and defend the same to final judgment and execu- 
tion, by the name aforesaid. 



CONG. SOC. IN SPRINGFIELD. Jan. 31, 1820. 321 

Sec. 4. Be it further enacted, That said Trustees 
he, and hereby are vested with, and shall have full 
powers to receive into their hands, all monies and secu- 
rities for money already raised, which may now be in 
the hands of the Treasurer of said society, and all 
monies, subscriptions, donations and securities for real 
or personal estate, that may hereafter be given, raised or 
subscribed for the use of said society ; and may sell and 
convey, by deeds, lands and tenements, whereof the fee 
may rest in tliem, by virtue of mortgage or execution ; Powers of Trus- 
and any gift, grant, bequest or devise, hereafter made*^*"^- 
to said Trustees or their successors, shall be valid and 
effectual to all intents and purposes whatever ; and said 
Trustees are hereby empowered by purchase or opera- 
tion of law, to take, have, hold, use, improve and man- 
age any estate, real or personal, the annual income 
whereof shall not exceed the sum of two thousand dol- 
lars, in trust for the support and maintenance of the 
gospel ministry, and other expenses of said society. 

Sec. 4. Be it further enacted, That said Trustees 
shall pay to the regularly ordained Minister of said 
society, four hundred dollars semiannually ; the first 
payment to be at the expiration of six months from the Salaries. 
ordination or settlement of said Minister, over said so- 
ciety ; and all other income or interest which said Trus- 
tees liiay receive from estates or securities, with which 
they may, by this act, be vested, they shall dispose of in 
such manner as said society shall, from time to time, 
direct : Provided, however, that the fund of said so- 
ciety sha41 be inalienable, and, that its proceeds shall, 
in no case^ be appropriated, but for the benefit of said 
society. 

Sec. 6. Be it further enacted. That any three of 
said Trustees shall constitute a board for the transac- 
tion of business ; and the concurrence of that number 
shall be requisite to every act and proceeding whatever ; 
and said Trustees shall fill all vacancies at their boai*d, vacancies to be 
as they shall arise from death, resignation, misconduct, ^"'^'^ 
incapacity, or removal from said society ; and said 
Trustees shall have power, by a majority of votes, to 
remove any one of their number for such misconduct 
or incapacity, of which they are hereby constituted sole 
judges. 

42 



322 CONG. SOC. IN SPRINGFIELD. Jan. 31, 1820. 

Sec. 7. Be it further enacted^ That said Trustees 
shall choose one of their board, Treasurer, who shall 
give bond to said Trustees, with surety or sureties, to 
their acceptance, in the penal sum of twenty five thou- 
sand dollars, for his faithful performance of the duties 

Duties of Trca-of that officc ; and said Treasurer shall keep a record 

surer. ^^ ^jl ^j^^ proceedings of said Trustees, and an account 

of all their receipts and appropriations of money, and 
shall make a statement in writing, of such receipts and 
appropriations, and of all securities for money in his 
hands, every year, in the month of March, to the Clerk 
of said society, who shall record the same, in the so- 
ciety's books ; and said Treasurer shall constantly have 
the custody of all the money and effects, obligations and 
securities for the payment of money, and all other evi- 
dences of property belonging to said Trustees. 

Sec. 8. Be it further enacted, That for security of 
any debt due to said Trustees, from any proprietor of 
a pew or part of a pew, in the meeting house of said 
society, the same shall always be holden, and said 

Lien on Pews. Trustccs sliall have a lien on such pew or part of a pew, 
until such debt be discharged ; and for all loans here- 
after made by said Trustees, they shall require two 
good and sufficient sureties, or a mortgage of real estate 
of double the value of the sum loaned, or may vest the 
same in bank stock, or in the funded stock of the United 
States. 

Sec. 9. Be it further enacted, That the said Trus- 
tees shall receive for their services, such compensation 

Pay of Tru3- as sliall bc mutually agreed on between them and said 
society ; and they shall be responsible to said society, 
for their negligence or misconduct in the management 
of said trust. 

Sec. 10. Be it further enacted. That Joshua Frost, 
Esquire, be, and hereby is authorized and empowered 

First meeting, to fix the time and place, for holding the first meeting 
of said Trustees, and to notify each Trustee thereof. 

[Approved by the Governor, January 31st, 1820.] 



tees 



BELFAST BRIDGE COMP. Jan. 31, 1820. 32B 



CHAP. CCVIII. 

An Act to change the name of tlie American Society, 
for Educating Pious Youth, for the Gospel Min- 
istry. 

JjE it enacted by the Senate and House of 
Representatives J in General Court assembled, and by 
the authority of the same, Tliat the name of the Ameri- 
can Society, for Educating Pious Youth, for the Gospel 
Ministry, be changed, and that the said corporation be 
hereafter known, and called by the name of the Ameri- 
can Education Society. 

[Approved by the Governor, January 31st, 1820.] 



CHAP. CCIX. 

An Act to incorporate the Belfast Upper Bridge 
Company. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority afthe same. That William Cunningham, persons incor- 
AVilliam Patterson, Ephraim M'Keen, Salathiel Nick- p°'^'«*^- 
erson. Junior, Nathaniel Eells, John M'Keen, and 
William Ryan, together with those who may hereafter 
associate with them, be, and they are hereby incor- 
porated into a body politic, by the name of the Belfast 
Upper Bridge Company, for the purpose of building 
and maintaining a bridge over the river in the town of 
Belfast, in the County of Hancock, at the Narrows, so 
called, near where the old bridge now stands ; and as 
such, they may sue and be sued, may appoint one or General pow- 
more Agents or Attornies to prosecute or defend them, *"*• 
and may have and keep one common seal, which they 
may alter, break or change, at pleasure. 

Sec. 2. Be it further enacted. That, for reimbursing 
to the said William Cunningham and others, before 



324 BELFAST BRIDGE COMP. Jan. 31, 1820 

named, and their associates, the money they may ex- 
pend in building and supporting the said bridge, a toll 
is hereby granted and established, for the sole benefit 
of the said William Cunningham and others, before 
named, and their associates, according to the rates fol- 
Raies of Toll lowiug, to wit : for eacli foot passenger, two cents ; for 
each man and horse, twelve cents and five mills ; for 
each horse and chaise, sulkey or riding chair, twenty 
five cents ; for each sleigh, sled, cart or waggon, drawn 
by one beast, twelve cents and five mills ; for each 
sleigh, sled, waggon or cart, drawn by two beasts, 
twelve cents and five mills ; for each sled, cart or wag- 
gon, drawn by more than two beasts, seventeen cents ; 
for neat cattle, in droves or single, two cents each ; for 
sheep or swine, one cent each ; for each coach and plea- 
sure carriage of four wheels, drawn by two or more 
horses, thirty cents. 

Sec. 3. Be it further enacted, That the said bridge 
shall be well built, of good and suitable materials, at 
least twenty feet wide, with sufficient rails on each side, 
for the safety of passengers, and to be provided with 
a draw, of sufficient width for vessels to pass through ; 
and the proprietors shall keep the said bridge in good, 
safe, and passable repair ; and if the said corporation 
should unreasonably neglect to keep said bridge in good 
repair, as aforesaid, on such neglect being made to ap- 
pear to the Court of Sessions, for the County of Han- 
cock, it shall be in the power of said court, to prohibit 
the proprietors aforesaid, from receiving toll from any 
person or persons passing said bridge, until it is by 
them put into such repair as shall be deemed sufficient 
by the said court ; and the said toll shall commence 
whenever said bridge shall be fit and safe for carriages 
to pass over it, and shall continue to said corporation 
and their successors, for the term of twenty years, from 
the passing of this act, subject to alterations by the 
General Court. And the said proprietors shall con- 
stantly keep, in a conspicuous place, and fairly exposed 
to view, a sign, with all the rates of toll, legibly written 
thereon. And at all times, when the Toll Gatherer 
shall not attend his duty, the passenger or carriage may 
pass free of toll. 

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



Condition of 
Bridge. 



INSTITUTION FOR SAVINGS. Ja7i. 31, 1820. 325 

William Cunningham and others, before named, and 
their associates, shall neglect, for the term of two years, 
to build said bridge, then this act shall be void. 

Sec. 5. Be it further enacted. That upon applica- 
tion of any two of the proprietors aforesaid, to either of 
the Justices of 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 proprietors' 
said proprietors, to be holden at such time and place Meetm-s. 
as shall be appointed, to choose such officers as said 
corporation are empowered to choose. And the said cor- 
poration, at the same, or any subsequent meeting, may 
determine on the mode of calling future meetings, and 
m^y make and adopt such by-laws, rules and regula- 
tions, as may be necessary and convenient for the 
management of their affairs ; 'provided, they are not 
repugnant to the constitution and laws of this Common- 
wealth. 

Sec. 6. Be it further enacted, That nothing in this 
act shall entitle the said proprietors to demand or re- 
ceive toll of any person who shall be passing with his Excmpuons ' 
horse or carriage, to or from public worship, on the 
Lord's day ; or from any person or persons, on mili- 
tary duty ; or from any person going to, or returning 
from town meetings. 

[Approved by the Governor, January 31st, 1820.] 



CHAP. CCX. 

An Act to incorporate the Institution for Savings, in 
Newburyport, and its vicinity. 

Sec. 1. tfE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That William Bartlett, Mo- persons 
ses Brown, John Pettingell, John Pearson, Thomas p°'^*^^' 
M. Clark, Edward Rand, Edward S. Rand, William 
B. Banister, Stephen Howard, Tliomas Carter, Josh- 
ua Carter, Ebenezer Mosely, Ebenezer Wheelwright, 



326 INSTITUTION FOR SAVINGS. Jan. 31, 1820. 

Fetev Le Breton, Jonathan Gage, Francis Vergnies, 
Nathan Noyes, Oliver Prcscott, Nathaniel Bradstreet, 
Joseph S. Pike, and Philip Bagley, together with, such 
as have associated, and may hereafter associate Avith 
tliem, be, and they hereby are incorporated into a soci- 
ety, by the name of the Institution for Savings, in 
Newburj'port, and its vicinity ; and that they, and 
such others as may be duly elected members of the 
said corporation, as is in this act provided, shall be, 
and remain a body politic and corporate, by the same 
name, forever. 

Sec. 2. Be itfnrther enacted, That the said society 
General povv- and corporatiou shall be capable of receiving, from any 
^^'^' person or persons, disposed to obtain and enjoy the 

advantages of said institution, any deposit or deposits 
of money, and to use and improve the same, for the 
purposes, and according to the directions herein men- 
tioned and provided : And all such deposits of money, 
received by the said society, shall be used and impro- 
ved to the best advantage of the owners thereof ; and 
Division oi pro- the net income or proiit thereof, shall be, by the said 
^'^" society, applied and divided among the persons mak- 

ing the deposits, their executors, administrators, or 
assigns, in just proportion, to each depositor; and the 
principal of such deposits may be withdrawn at such 
time, and in such manner, as the said society shall di- 
rect and appoint. And the said corporation may, at 
their first meeting, and at their annual meetings in 
January, have power to elect, by ballot, additional 
members of the said society. 

Sec. 3. Be it further enacted, That the said cor- 
poration may have a common seal, which they may 
change and renew at their pleasure ; and that all deeds, 
conveyances, and grants, covenants, and agreements, 
made by their Treasurer, or any other person, by their 
authority and direction, according to their institution, 
shall be good and valid ; and the said corporation shall, 
at all times, have power to sue and be sued, and may 
defend, and shall be held to answer, by the name 
aforesaid. 

Sec. 4. Be it further enacted. That the said society 

Location. shall hereafter meet at Newburyport, at such time in 

the month of January, annually, and at such other 



BILLERICA ACADEMY. Jan, 31, 1820 327 

times, as the society, or tlie President thereof, may 
direct ; and any seven members of the said corporation, 
(the President, a Vice President, Treasurer, or Secre- 
tary, being one,) shall be a quorum. And the said soci- 
ety, at their meeting in January, annually, shall have 
power to elect a President, and all such other officers, choice of offi- 
as to them shall appear necessary ; Avhich officers, so ^ei = 
chosen, shall continue in office one year, and until 
others are chosen in their stead : and the Secretary 
and Treasurer, so chosen, shall be under oath to the 
faithful performance of the duties of their offices re- 
spectively ; and they shall also have the power of 
making by-laws, for the more orderly management of 
the business of the corporation ; provided, such by-laws 
are not contrary to the constitution and laws of this 
Commonwealth. 

Sec. 5. Be it further enacted, That any three of 
the persons named in this act, are hereby empowered, 
by public notification in the newspapers printed in 
JN^ewburyport, to call and notify the first meeting of First Meeting. 
the said society, at such time and place as they may 
judge proper. 

[Approved by the Governor, January 31st, 1820.] 



CHAP. CCXII. 

An Act to establish an Academy, in the town of Bil 
lerica, by the name of Billerica Academy. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That there be, and liereby 
is established, in the town of Billerica, in the County 
of Middlesex, an academy, by the name of Billerica, 
Academy, for the purpose of promoting religion and 
morality, and for the education of youth, in such of the 
liberal arts and sciences, as the Trustees for the time 
being, shall direct; and that Josiah Crosby, Esquire, Trustees. 
Samuel Whiting, Esquii'e, Joseph Locke, Esquire, 



328 



BILLERICA ACADEMY. 



Jan. 3i, 1820. 



Reverend Nathaniel Whitman, Francis Faulkner, Es- 
quire, Colonel Josiah B. Richardson, Doctor Zadock 
Howe, Reverend Samuel Stearns, Reverend Samuel 
Sewall, Reverend Jacob Coggin, Honorable Edward 
St. Loe Livermore, George Bruce, Grentleman, Cyrus 
Baldwin, and William Blanchard, Junior, Esquires, 
and Doctor Abraham R. Thompson, be nominated and 
appointed Trustees ; and they are hereby incorporated 
into a body politic, by the name of the Trustees of Bil- 
lerica Academy ; and they, and their successors, shall 
be and continue a body politic, by that name, forever. 
Sec. 2. Be it further enacted, That all lands, mo- 
nies, or other property, heretofore given, or subscribed, 
for the purpose of erecting or establishing an academy 
as aforesaid, or which shall hereafter be given, grant- 
ed, or assigned to the said Trustees, shall be confirmed 
to the said Trustees, and their successors in that trust, 
forever, for the uses, which in such instruments, shall 
be expressed : And the said Trustees shall be capable 
of having, holding, and taking in fee simple, by gift, 
grant, devise, or otherwise, any lands, tenements, or 
other estate, real or personal ; provided, the annual 
income of the same, shall not exceed the sum of three 
thousand dollars ; and shall apply the interest, rents, 
and profits thereof, so as most effectually to promote 
the design of the institution. 

Sec. 3. Be it further enacted, That the said Trus- 
tees, for tlie time being, shall be the Visitors and 
Governors of said institution ; shall have full power, 
Choice of offi- from time to time, to elect such officers thereof, as they 
^^^' shall judge necessary and convenient, and fix the ten-' 

ure of their respective offices ; to remove from office any 
Trustee, when he shall become incapable from age or 
otherwise, of discharging the duties of his office ; to 
fill all vacancies that may happen in the Board of 
Trustees, by electing suitable persons therefor ; to de- 
termine the times and places for holding their meet- 
ings, the manner of notifying the Trustees, the method 
of electing and removing members of the board ; to as- 
certain the powers and duties of their several officers ; 
to elect Instructors, and prescribe tlieir duties ; to make 
and ordain reasonable rules, orders, and by-laws, with 
reasonable penalties^ for the government of the institu- 



General pow 
erg. 

Proviso. 



ATTACHMENTS. Feh. i, 1820. 329 

tion ; 'provided, the same be not repugnant to the laws 
of the Commonwealth. 

Sec. 4. Be it further enacted, That the Trustees of 
said academy, may have a common seal, which they 
may change at pleasure ; and all deeds, sealed with 
said seal, and delivered and acknowledged by the Sec- 
retary of said Trustees, by their order, shall be good 
and valid in law ; and said Trustees may sue and be May sue and be 
sued in all actions, and prosecute and defend the same *""'' 
to final judgment and execution, by the name of the 
Trustees of Billerica Academy. 

Sec. 5. Be it further enacted, That the number of 
said Trustees, shall never exceed fifteen, nor be less 
than nine ; seven of whom shall be necessary to con- 
stitute a quorum for doing business, but a less number 
may adjourn from time to time ; and a majority of those 
present, shall always decide all questions that may 
properly come before the said Trustees ; except, that a 
majority of all the Trustees shall be necessary to re- 
move any member of the board. 

Sec. 6. Be it further enacted, That Joseph Lee, 
Esquire, be, and he is hereby authorized and empow- 
ered to fix the time and place, for holding the first 
meeting of the Trustees, and to notify them thereof. First Meeting 

[Approved by the Grovernor, January 31st, 1820.] 



CHAP. CCXII. 

An Act in addition to an Act, entitled <^ An Act direct- 
ing the mode of attaching on mesne process, and 
selling by execution, shares of debtors, in incorpo- 
rated companies." 

Sec. 1. JlSe it enacted bij the Senate and House cf 
Representatives, in General Court assembled, and by 
tlie authority of the same, That whenever any Sheriff^ 
or Deputy Sheriff shall make sale of any share or in- 
terest in an incorporated company, of any right in equi- 
ty to redeem mortgaged real estate, or of any personal 
43 



330 ATTACHMENTS. Feb. 1, 1820. 

property, which shall, before such sale, have been at 
tached on mesne process, or taken on execution by a 
Coroner, and such Sheriff or Deputy Sheriff, is duly 
Sheriffs to hold notified thereof, in writing, he shall hold the monies 
monies. jj^ j^j^ liauds, arising from such sale, subject to such 

attachment or execution, in the same manner as if he 
were authorized to serve the execution which shall 
have issued, or may issue on such mesne process, or 
on which said share or interest, equity of redemption, 
or personal property, may have been taken by said 
Coroner. 

Sec. 2. Be it further enacted^ That said Sheriff or 
Deputy Sheriff, after being notified, in writing, by said 
Coroner, of the execution, in his the said Coroner's 
hands, on which said share or interest, equity of re- 
demption, or personal property shall have been taken, 
or which issued on the mesne process, whereon said 
share or interest, equity of redemption, or personal 
property had been attached, of the time of such attach- 
ment on mesne process, or taking on execution, and of 
the whole amount, including fees due on said execution. 
Sheriffs to pay shall pay ovcr to said Coroner, the amount due on said 
onerr*^^^^ *''^' cxccution, or so much thereof, as shall remain in his 
hands, after satisfying all executions, in his own hands, 
on which said share or interest, equity of redemption, 
or personal property had been taken, or which issued 
on mesne process, whereon said share or interest, equity 
of redemption or personal property had been attached, 
prior to the time of the attachment on mesne process, 
or taking on execution as aforesaid, by said Coroner. 

Sec. 3. Be it further enacted, That whenever any 
Coroner shall make sale of such share or interest, equity 
of redemption, or personal property, which shall, be- 
fore such sale, have been attached on mesne process, 
or taken on execution by a Sheriff or Deputy Sheriff, 
Duty of Core- sucli Coroucr sliall be subject to the same duties and 
requirements, in relation to such Sheriff or Deputy 
Sheriff, as by the first and second sections of this act, 
a Sheriff is, in like case subject to, in relation to a 
Coroner. 

Sec. 4. Be it further enacted, That whenever any 
Constable shall make sale of such share or interest, 
equity of redemption, or personal property, which shall; 



ners 



p. WHITING SET OFF. Feh. 1, 1820. 331 

before such sale, have been attached on mesne process, 

or taken on execution, by a Sheriif or Deputy Sheriff, 

or by a Coroner, such Constable shall be subject to the Duty of Consta- 

same duties and requirements, in relation to such Slier- ^^^^' 

iff or Deputy Sheriff, or Coroner, as by the first and 

second sections of this act, a Sheriff is, in like case 

subject to, in relation to a Coroner. 

[Approved by the Governor, February 1st, 1820.] 



CHAP. CCXIII. 

An Act setting off Phineas Whiting and others, from 
the Town of Chelmsford, and annexing them to the 
West Congregational Society, in Dracut. 

IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Phineas Whiting, Persons set oi^. 
Nathaniel Wright, John Ford, Silas Hoar, Artcmas 
Hoi den, James Bowers, Jonathan Bowers, Samuel F. 
Wood, Nathan Tyler, Josiali Fletcher, Otis Tyler, 
Joseph C. Hall, Nathan Tyler, Junior, Nathan Hunt- 
ing, Nathan P. Ames, Joseph Dane, Ephraini Osgood, 
Simon Parker, Lowell Butterfield, Jeduthan Parker, 
Zebulon Parker, Osgood Worcester, Joel Dix, Var- 
num Spaulding, Robert Spaulding, Micajah Bowers, 
Bradley Varnum, John Goulding, Samuel Hunt, Mo- 
ses Cheever, Junior, and Amos Proctor, of Chelmsford, 
in the County of Middlesex, with their polls antl es- 
tates, be, and they are hei*el)y set off, for parochial 
purposes only, from said tow n of Chelmsford, and an- 
nexed to the West Congregational Society, in Dracut, 
in said county ; there, hereafter to enjoy all the paro- 
chial privileges of said society, and to pay their pro- 
portion of all necessary charges that may arise therein, 
for the purposes aforesaid : Provided, nevertheless, Proviso 
that the aforesaid persons shall be holden to pay their 
proportion of all parochial taxes, now assessed or 
granted, by the said Town of Chelmsford. 

[Approved by the Governor, February 1st, 1820.] 



332 



MANU1< ACTUKING COMPANY. Feb. 5, 1820, 



Persons incor- 
porated. 



CHAP. CCXTV. 

An Acfc to incorporate tlie Fall River Manufaciuring 
Company. 

Sec. 1. Be it enacted hy the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same^ That Abvaliam Bowen, Dex- 
ter Wheeler, David Anthony, and Jonathan Borden, 
together with such others, as have, or may hereafter 
associate with them, their successors, and assigns, be, 
and they are hereby made a corporation, by the name 
of tlie Fall River Manufactory, for the purpose of man- 
ufacturing cotton goods, in the Town of Troy, in the 
County of Bristol ; and for the purpose aforesaid, shall 
have all the powers and privileges, and be subject 
to all the duties and requirements, contained in an 
act, passed the third day of March, in the year of our 
Lord one thousand, eight hundred and nine, entitled 
" an act defining the general powers and duties of man- 
ufacturing corporations." 

Sec. 2. Be it further enacted, That said corpora- 
tion may be lawfully seized and possessed of such real 
May hold Real estatc, uot cxccediug the value of thirty thousand dol- 
lars, and such personal estate, not exceeding the value 
of fifty thousand dollars, as may be necessary and con- 
venient, for carrying on the manufacture aforesaid. 

[Approved by the Grovernor, February 5th, 1820.] 



General pow- 
ers. 



Estate. 



Persons incor- 
porated. 



CHAP. CCXV. 

An Act incorporating the Portland Relief Society. 

Sec. 1. JOE it enacted by the Senate and House of 
liepresentatives, in General Court assembled, and by 
the authority of the same, That Simon Greenleaf, Sam- 
uel Baker, Nelson Racklyft, Seth Clark, John Pow- 
ell, Francis Douglas, William Swan, Cornelius D. 



PORTLAND RELIEF SOCIETY. Fah. 7, 1820. 333 

Maynard, William Lord, Arthur Shirley, and their 
associates, and successors, be, and they hereby are 
constituted a corporation, by the name of the Port- 
land Relief Society ; and they hereby are invested 
with all the powers, privileges, and immunities, inci- 
dent to such corporations. 

Sec. 2. Be it further enacted. That said society 
shall have power to take, possess and hold, by gift, ^^^ , ,j^jj p^^j 
grant, or purchase, any real or personal estate ; 'pro- Estate. 
vided, the value thereof do not exceed ten thousand 
dollars ; and shall and may employ the income, inter- 
est and profits, arising from such estate, in acts of char-r 
ity and benevolence, and not otherwise ; and may make 
and establish any by-laws, rules and regulations, for 
their own government; provided, the same are not re- 
pugnant to the constitution and laws^of this Commou- 
Avealth. 

Sec. 3. lie it further enacted, That Simon Grreen- 
leaf, be, and he is hereby authorized to call the first First Meeting. 
meeting of said society, by giving personal notice to 
each of them, or leaving a written notice at each of 
their dwelling houses, seven days before the time of 
meeting. 

[Approved by the Governor, February 7th, 1820. 



CHAP. CCXVL 

An Act to establish part of the line between the Towns 
of Lenox and Lee, in the County of Berkshire. 

Be it enacted by the (Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That that part of the divid- 
ing line, between the Towns of Lenox and Lee, name- 
ly, beginning at the now reputed southeast corner of Boundarii 
vsaid Lenox, about eighteen rods west of the Housatonic 
River, at a heap of stones in the north line of a tract of 
land, known by the name of the Glass Work Grant ; 
thence running north, seven degrees east, parallel with 
the west line of a grant of land, known by the najne of 



334 SOUTH BUILDINGS, SALEM. Feh. 1, 1820. 

Larribee's Grant, until the said line shall reach the 
middle of the said Housatonic River, above the furnace 
and mills standing on the same ; thence northerly, in 
the middle of said river, as far as the north line of the 
said Larribee's Grant, where it intersects the original 
east line between said towns, be, and the same is here- 
by established as the boundary line between the said 
towns. 

[Approved by the Governor, February 7th, 1820.] 



CHAP. CCXVII. 



Persons incor 
porated. 



An Act to incorporate the Proprietors of the South 
Buildings, in Salem. 

Sec. 1. JlSE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same. That Willard Peele, Picker- 
ing Dodge, and others, interested in a certain real 
estate in Salem, in the County of Essex, consisting 
of a brick building ; bounded westerly by Cambridge 
Street, and northerly by Chesnut Street, with the land 
under and adjoining said building, and their successors 
and assigns, be, and they hereby are constituted a body 
politic and corporate, by the name of the Proprietors 
of the South Buildings, in Salem : And the said cor- 
poration, by said name, may sue and be sued, have a 
common seal, make rules and by-laws for the manage- 
ment of said estate, and do and execute whatever, by 
law, shall appertain to bodies corporate. 

Sec. 2. Be it further enacted, That the said cor- 
poration be capable to have, hold and possess the said 
May hold Real real estate and appurtenances ; provided, the lawful 
pi'oprietors thereof shall convey the same to said cor- 
poration : And said corporation shall have power to 
sell, alien, lease and manage said estate, according to 
the pleasure of said corporation, expressed at a legal 
meeting. 

Sec. .3. Be it further enacted, That the said corpor- 



General pow- 
ers. 



Estate. 



WATERVILLE RELIG. SOC. Feh, 1, 1820. 335 

ate property shall be divided into shares, not exceed- shares Umited. 
iiig one hundred and fifty in number ; and certificates 
thereof shall be signed by the President of said cor- 
poration, and issued to the proprietors, according to 
their respective interests in said estate ; and such shares 
shall be personal estate. 

Sec. 4. Be it further enacted, That said corpora- 
tion may, from time to time, assess all monies necessa- Assessment;. 
ry for the rebuilding, repairing and good management 
of the corporate estate ; and may, after ten days notice, 
sell, at public vendue, the share or shares of any pro- 
prietors, neglecting to pay said assessments ; provided. Proviso. 
that no assessments shall be made, at any meeting, un- 
less the same be agreed to by two thirds, at least, in 
number and value of those present, or represented at 
such meeting. 

Sec. 5. Be it further enacted, That said Peele, or 
said Dodge, may call a meeting of said corporation, by- 
advertising the same, in any newspaper printed in Sa- 
lem, ten days, at least, before said meeting : And said 
corporation may, at any such, or other meeting, agree 
on the mode of calling future meetings, and may elect Meeting*. 
a President and Clerk, and the same remove as the 
said corporation shall see fit. 

[Approved by the Governor, February 7th, 1820.] 



CHAP. CCXVIII. 

An Act to incorporate a Religious Society, in the Town 
of Waterville. 

Sec. 1. OE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Asa Reddington, Mo- Persons mc^ 
ses Appleton, Thomas Parker, John Partridge, David 1'°'^^*'^'' 
Ross, Joseph Hitchings, Hall Chase, Hezekiah Strat- 
ton. Junior, James Crommett, Junior, Isaac Stevens, 
Moses Dalton, William Dalton, Nathaniel B. Doe, 
Russell Blackwell, Timothy Boutelle, Kendall Niclr 



336 



WATERVILLE RELIO. 80C, Feb. T, 1820. 



Conditions of 
Membership. 



Conditions of 
secession. 



Meetings. 



ols, Lemuel Stilson, Asa Daltoii;, Ebenezer Nelson^ 
John Burleigh^ David Parker, John Turney, Junior, 
Joseph Ricker, Daniel Fairfield, James Trafton, Da- 
vid Nours, Lemuel Pullen, Daniel Moor, Moses H. 
Pike, Lemuel Dunbar, Nancy Wright, David Webb, 
Ephraim Gretchell, Gilbert Whitman, Daniel Wells, 
Jedediah Morrill, Martha Miller, Benjamin Clement, 
Dexter PuUen, and James Pullen, Avith their families 
and estates, together w^ith such others as may hereafter 
associate with them, and their successors, be, and they 
hereby are incorporated into a religious society, by the 
name of the Waterville Institution Society, with all 
the powers, privileges, rights and immunities, to which 
religious societies are entitled, by the constitution and 
laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any person, 
who may be desirous of becoming a member of said 
society, and shall declare such intention, in writing, 
given in to the Clerk of the same, fifteen days previous 
to the annual meeting of said society, and shall receive 
a certificate, signed by said Clerk, that he or she has 
become a member of said society, such person, shall, 
from the date of such certificate, be considered, with 
his or her polls and estate, to be a member of said 
society. 

Sec. 3. Be it further enacted, That when any mem- 
ber of said society, shall see cause to leave the same, 
and sliall give notice of such intention, in writing, to 
the Clerk of said society, he or she shall be entitled 
to receive from said Clerk, a certificate, that he or she, 
has ceased to be a member of said society, such person 
shall, with his or her polls and estate, be considered 
as being discharged from said society ; provided, how- 
ever, that every suc]i person shall be held to pay his 
or her proportion of all charges and taxes, legally as- 
sessed upon them, previous to their leaving said society. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace, for the County of Kennebec, upon applica- 
tion therefor, is hereby authorized to issue his warrant, 
directed to any member of said 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 officers, as parishes 



IMPRISONMENT FOR DEBT. Feb. 5, 1820. 33T 

are^ by law, empowered and required to choose, at 
their annual meeting. 

[Approved by the Groveruor, Febmary 7th, 1820.] 



CHAP. CCXIX, 

An Act to relieve towns from the expenses of support- 
ing persons imprisoned for debt. 

Sec. 1. OE it enacted hij the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That when any person, com- 
mitted to prison on mesne process, or execution, in any 
civil action, shall obtain the liberties of the prison yard, 
such person shall not be deemed and considered a pau- Persons having^ 
per, so long as he or she shall be at large within the j''J;.I|''nof t?bL^ 
limits of the prison yard, nor shall the town to which considered pau- 
such debtor belongs, nor the Commonwealth, in case''^'^" 
such debtor has no place of legal settlement therein, be 
charged with his or her support. 

Sec. 2. Be it further enacted, That every town or 
district, which shall be liable for, and shall have paid 
any of the charges of maintaining, in close prison, any 
person as a pauper, hereafter committed on mesne pro- 
cess, or execution, in any civil action, may recover the 
same in an action at law against the creditor, at whose 
suit such debtor shall have been committed, and for the 
time he shall continue so imprisoned, at the suit of such 
creditor, at the rate of one dollar and twenty five cents, creditor to pay 
for the support of such debtor, per week ; and such ^°^^'^' 
creditor shall also be liable to the Commonwealth for 
similar expenses incurred by the Commonwealth : Pro- Provi?^ 
vided, however, that said creditor may, at any time, 
discharge his debtor, committed as aforesaid, from pris- 
on, and such discharge shall not operate to release the 
debtor from the debt and costs on which he was com- 
mitted ; but such debt and costs, together with all sums 
which the creditor may have paid for the support of 
the debtor, in manner as herein before provided, shall 
bc; and remain a legal clajm asainst the goods and 
44 • "^ ■ ' 



33B J. W. PERRY SET OFF. Feb. 1, 1820. 

estate of the debtor, his or her body bemg forever there- 
after exempted from arrest therefor. 

Sec. 3. Be it further enacted, That the keeper of 
the prison shall be entitled to receive at and after the 
rate of one dollar and twenty five cents per week, and 
no more, for the support of each debtor, being a pauper, 
in close confinement. 

Sec. 4. Be it further enacted, Tliat no part of this 
act shall apply to any commitment for debts contract- 
Liiuitatioji. ed, or for any cause of action which shall accrue on or 
previous to the fourteenth day of March next. 

[Approved by the Governor, February 5th, 1820.] 



CHAP. CCXX. 

An Act te annex John W. Perry, with his family and 
estate, to the Town of Natick. 

JlJe it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons set off. the authority of the same. That John W. Perry, with 
his family and estate, be, a,nd hereby is set off from 
the Town of Sherburne, and annexed to the Town of 
Natick ; and shall there exercise and enjoy all his rights 
and privileges, as an inhabitant of the said town, and 
shall also be subject to the same duties and requisitions 
as the other inhabitants of the said town of Natick r 
Provided, however, that the said John W. Perry shall 
be holden to pay his assessments of all county, town 
and parish taxes and expenses, assessed upon him, 
and remaining unpaid, prior to the passing of this act. 

[Approved by the Governor; February 7th, 1820.] 



COTTON MANUFAC. COMP. Feb. 1, 1820. 339 



CHAP. CCXXI. 

An Act to change the name of the West Congi'egation- 
al Society, in Dracut. 

JjE it enacted by the Senate and House of 
Repr^esentatives, in General Court assembled, and by 
the authority of the same, That the West Congrega- 
tional Society, in Dracut, in the County of Middlesex, 
shall, after the passing of this act, be called and known 
by the name of the Presbyterian Church and Society, Name change^. 
in Dracut. 

[Approved by the Governor, February 7th, 1820.] 



CHAP, ccxxn. 

An Act to change the name of the Hopkinton and 
Framingham Cotton Manufacturing Company. 

JjE it enacited by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the name of " The 
Hopkinton and Framingham Cotton Manufacturing 
Company,'' at Hopkinton, in the County of Middle- 
sex, be, and hereby is changed, to the Middlesex Fac- 
tory Company ; and shall, from and after the first day 
of March next, be called and known by this name. 

[Approved by the Grovernor, Fcbi'uary 7tli, 1820.] 



CHAP. CCXXIII. 

An Act to prevent the destruction of Fish in the sever- 
al Ponds, in the town of Haverhill. 

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



340 



LEATHER MANUFACTORY, Feb. T, 1820. 



taking- Fisli 



passing of this act, no person shall take, catch, or kill 
prohibidon of any pickerel, or other fish, in the severe! pond*, in 
the Town of Haverhill, in the County of Essex, with 
any instrument whatever, at any time between the first 
clay of December, in each year, and the first day of 
May, following ; and no person shall catch, kill, or 
destroy, any pickerel, or perch, in said ponds, or in 
the several brooks, running into or out of the same, 
with any spear, grapple, seine, net, or pot, at any time 
after the passing of this act. And every person oflTend- 
ing against the provisions of this act, shall, for each 
and every offence, forfeit and pay the sum of two dol- 
lars, to be recovered with costs of suit in an action of 
debt, by any person or persons, who shall sue for the 
same, to his or their use, before any Justice of Peace, 
within and for the County of Essex. 

Sec. 2. Be it further enacted. That the inhabitants 
of Haverhill, aforesaid, may, at their annual meeting, 
in March or April, in any year, by vote, suspend the 
operation of the prohibitions and restrictions, contained 
in the first section of this act, or any part of the same, 
for any term of time, not exceeding one year, as to them 
shall seem expedient. 

[Approved by the Grovernor, February 7th, 1820.] 



Penalties. 



.Privilege. 



\ 



CHAP. CCXXIV. 



Persons incor- 
porated. 



An Act to incorporate the Ashburnham Leather Mau 

ufactory. 

Bec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Joseph Jewett, Stephen 
Corey, Hosea Stone, Fitch Crosby, Asahel Corey and 
Abraham T. Lowe, together with such others, as may 
hereafter associate with them, be, and they are hereby 
incorporated as a company, by the name of the Ash- 
burnham Leather Manufactory, for the purpose of man- 
ufacturing all kinds of morocco and other leather, in 
the Town of Ashburnham, in the Coujity of Worcester 5 



i}EAD RIVER DAM. Feh. K, 1820. 341 

and for this purpose, shall have all the powers and 
privileges, and be subject to all the duties and require- General pow 
ments, prescribed in an act, passed the third day of ^'^" 
M?rch, eighteen hundred and nine, entitled, " an act 
defining the general powers and duties of manufac- 
turing corporations,'' and of the several acts supple- 
mentary thereto. 

Sec. 2. Be it further enacted^ That the said com- 
pany may be lawfully seized of such real estate, not 
exceeding the value of ten thousand dollars, and such LimUation of 
personal estate, not exceeding the value of thirty thou- ^^^^^'^ 
sand dollars, as may be necessary and convenient for 
establishing and carrying on the manufacture of moroc- 
co, and all other sorts of leather, in the said Town of 
Ashburnliam. 

[xlpproved by the Governor, February 7th, 1820.] 



CHAP. CCXXV. 

An Act to incorporate the Proprietors of Dead RiveT 

Dam. 

Sec. 1. j5E it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Samuel Stanchfield, Persons iucot- 
Stillman Howard, Simeon Foss, William Gott, JohnP°'^*'^ 
Francis, Solomon Lathrop, ZebulonP. Miller, Charles 
Knapp, Elias Lane, Peter Lane, Levi Foss, and Isaac 
Gould, together with such others, as may hereafter as- 
sociate with them, and their successors and assigns, shall 
be a corporation, by the name of the Proprietors of Dead 
River Dam ; and by that name, may sue and be sued 
to final judgment and execution ; and may do and suffer General pow 
all such matters, acts and things, which bodies politic ^'^- 
may and ought to do and suffer : And that said corpo- 
ration shall have full power and authority to make, 
have and use a common seal, and the same to break, 
alter and renew at pleasure. And the said corpora- 
tion shall; and they are hereby authorized to erect, 



342 



WESTMINSTER UNI. SOC. 



Feb. 1, 1820. 



Proviso. 



and keep a dam across Dead River, in the Town of 
Leeds, in the County of Kennebec, where the Centre 
Rridge (so called,) now stands : Provided, however, ihsit 
the dam, so to be erected, shall in no w ay interfere with 
the rights of any person or persons, who now have, or 
may hereafter have a right to build a canal, to connect 
the waters of Wilson Pond with the waters of the An- 
droscoggin Pond or River. And that, whenever the 
waters of the Androscoggin Pond, shall be connected 
with the waters of the Wilson Pond, by a canal, this 
act shall cease to have effect ; and the dam to be erect- 
ed, under the authority of this act, may be removed by 
order of the Court of Sessions for the County of Ken- 
nebec, or by the proprietors of the canal, connecting 
the waters of the Wilson and Androscoggin Pond. 

Sec. 2. Be it further enacted, That any Justice of 

the Peace, for said County of Kennebec, be, and he is 

liereby authorized and empowered, upon application of 

any three of said proprietors, to issue his warrant for 

First meeting, calling the first meeting of said proprietors. 

[Approved by the Governor, February 7th, 1820.] 



CHAP. CCXXVI. 

An Act to incorporate the First Universalist Society, 
in Westminster. 



Persons incor- 
porated. 



Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority af the same. That Heman Ray, Joshua 
Moor, Caleb Wetherbee, Henry Coolidge, Caleb Lin- 
coln, Jesse Spaulding, Daniel Lincoln, Elias Blodget, 
Isaac Blodget, Jonas Winship, Jonas Holden, Jonas 
Winship, Junior, Silas Smith, Junior, Merari Spaul- 
ding, Cyrus Winship, Joseph Howard, Asa W. Rand, 
Zechariah Whitman, Charles Smith, Jonathan Whit- 
man, Joseph Beaman, Junior, Moses Mosman, Benja- 
min Seaver, Zebina Spaulding, Caleb Wilder, John 
Mosman, Stillman Brooks, Joel Baker, Abner Holden, 



WESTMIlSrSTER UNI. SOC. Feb. 1, 1820. 343 

Levi Sawyer, and Jacob Sawyer, with their families, 
polls, and estates, together with such others as may 
hereafter associate w ith them, and their successors, be, 
and they are hereby incorporated into a religious soci- 
ety, by the name of the First Universalist Society, in 
Westminster, with all the privileges, powers, rights. General perw 
and immunities, to which other parishes are entitled, ^"^^ 
by the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That when any per- 
son in Westminster, or the adjoining towns, may incline 
to join said Universalist Society, 'by signifying such, conditions of 
his or her desire, in writing, to the Clerk of the town, membership 
or society, to which he or she may belong, and by no- 
tifying thereof the Clerk of said Universalist Society, 
he or she, together with his or her polls and estate, shall 
be considered to belong to said society, in the same 
manner as if incorporated, by name, in this act. And 
whenever any person belonging to said society shall 
incline to withdraw therefrom, by signifying such, his Conditions of 
or her desire, in writing, to the Clerk of said Universal- ^•^^''' •'"" 
ist Society, and by notifying thereof, the Clerk of the 
town in which he or she resides, he or she, with his 
or her 'polls and estate, shall be discliarged from said 
Universalist Society : Provided, however, that, in eith- 
er case, such person shall be liable to pay his or her 
proportion of all assessments on the members of the 
society, made and not paid, previous to the leavins; 
such society. 

Sec. 3. Be it further enacted, That either of the 
Justices of the Peace, for the County of Worcester, 
upon application therefor, is atithorized to issue his 
warrant, directed to some member of said society, re- 
quiring him to warn the members thereof, to meet atiMcetn.i>- 
such time and place, as shall be appointed in said 
\rarant, to choose such officers as parishes are, by 
law, empowered and required to choose, at their an- 
nual meetings. 

[Approved by the Governor, February 7th, 1820.] 



344 ST. PETER'S CHARITY FUND. Feb. 1, 1820. 



CHAP, ccxxvn. 

An Act to incorporate the Trustees of Saint Peter's 
Charity Fund^ in the Town of Newburyport. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Cour^t assembled, and by 
the authority of the same, That Jonathan Grage, Joshua 

Persons incor- Grreeuleaf, Stephen Howard, Jacob Perkins, Eleazer 

porate . Johuson, and Enoch Plumer, with their associates and 
successors, be, and they are hereby constituted and 
made a corporation, by the name of the Trustees of 
Saint Peter's Charity Fund, in Newburyport; and 
the said Trustees are hereby vested with all the powers 
and privileges, and shall also be subject to all the 
duties and liabilities, incident to other charitable insti- 
tutions. 

Sec. 2. Be if further enacted, That the said Trus- 
tees shall have power to receive, possess, and hold, by 

Genfiiai pow»- gift, graut, or purchase, any real or personal estate ; 

ers. provided, the value thereof shall not exceed ten thou- 

sand dollars ; and may employ the income, interests, 
and profits, arising from such estate, in acts of charity 
and benevolence, and for no other use whatever ; and 
no donation shall exceed ten dollars at any one time. 
And tlie said Trustees may make and establish such 

%-Lan:-. rulcs aud by-laws, as they may, from time to time, 
think necessary for the better management and ad- 
ministering the said charity ; provided, such rules and. 
by-laws shall not be contrary to the constitution and 
laws of this Commonwealth. 

Sec. 3. And be it further enacted. That the first 
meeting of the said Trustees may be convened by a 
warrant from any Justice of the Peace, for the County 
of Essex, upon application therefor, directed to one of 
the persons named in this act, requiring him to notify 

Meeting and warn the members of said corporation, to meet at 
such convenient time and place, as shall be appointed 
in the said warrant, to organize the said corporation, 
by the election and appointment of its officers. 

[Approved by the Governor; February 7th, 1820.] 



HARTLAND.— FIREMEN. Feb. 7, 1820. 345 

CHAP. CCXXVIII. 

An Act to incorporate the Town of Hartland. 

JdE it enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same. That the township, number- 
ed three, in the County of Somerset, commonly called 
the Warren Towns, as described by the following Boundaries, 
boundaries, be, and hereby is incorporated and estab- 
lished as a town, by the name of Hartland : west by 
Cornville, north by Athens and Harmony, east by St. 
Albans and Palmyra, southerly by the L of Palmyra, 
so called ; thence from the west line of said L, to the 
southeast corner of Cornville, including the mile and 
half strip. And the inhabitants of the said Town of 
Hartland, are hereby vested with all the corporate 
powers and privileges, and shall also be subject to the 
like duties and requisitions of other corporate towns, corporate pow- 
according to the constitution and laws of this Common- ^" 
wealth. And any Justice of the Peace, for the County 
of Somerset, is hereby empowered, upon application 
therefor, to issue a warrant, directed to a freehold in- 
habitant, requiring him to notify and warn a meeting Meetings. 
of the freeholders and other inhabitants of tlie said 
Town of Hartland, to meet at such convenient time and 
place, as shall be appointed in said warrant, for the 
choice of such officers as towns are, by law, empowered 
and required to choose, at their annual town meetings. 

[Approved by the Grovernor, February 7th, 1820.] 



CCXXIX. 

An Act authorizing the appointment of Firemen, in the 
Town of Boston. 

Sec. 1. J>E it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same^ That the Selectmen of the 
45 



346 FIREMEN IN BOSTON. Feh 1, 1820- 

Town of Boston^, for the time being, be, and they are 
hereby authorized and empowered, if they judge it ex- 
pedient, as soon as may be, after the passing of this act, 
to nominate and appoint a number of suitable persons, 
Number limited not exceeding thirty, who shall continue in office dur- 
ing the pleasure of the Selectmen of said town, whose 
duty it shall be, under the direction of the Firewards 
of said town, to attend fires therein, and the vicinity, 
with axes, ladders, firehooks, and such implements 
and apparatus, for tlie extinguishment of fires, and the 
preservation of persons and property, as may be pro- 
vided for that purpose, and placed under their care ; 
and to perform such further duty, as such Selectmen 
shall, from time to time, prescribe. 

Sec. 2. Be it further enacted, That the Firemen, 
so appointed, shall and may be organized into one or 
Organization of more distiuct companies, under the direction of such 
Companies, gelectmeu ; and each of said companies is hereby au- 
tliorized to meet together some time in the month of 
May, annually ; at which meeting, they shall have au- 
thority to choose a Master or Director, and Clerk of 
such company, and establish such rules and regula- 
tions respecting their duty as Firemen, as may be ap- 
proved by such Selectmen, and to annex penalties for 
the violation of the same, which may be recovered by 
the Clerk of such company, before any Justice of the 
Peace for the County of Suffolk ; provided^ that no such 
penalty shall exceed the sum of six dollars and sixty- 
seven cents, and that such rules and regulations shall 
not be repugnant to the laws of this Commonwealth. 

Sec. 3. Be it further enacted, That the respective 
companies of Firemen, who may be nominated and 
appointed in pursuance of this act, shall be held and 
Monthly Meet- obliged to meet together once a month, and oftener, if 
'"°^' neceseary, for the purpose of inspecting and examining 

the fire hooks, ladders, and other implements and 
apparatus which may be placed under their care, man- 
agement, and superintendence, and the appendages 
belonging to the same, and seeing that the same are in 
good repair, and ready to proceed, on any emergency, 
to the relief of any part of the community which may 
be invaded by the calamity of fire. And the Firemen 
appointed as aforesaid^ shall be held and obliged to go 



ST. THOMAS' CHURCH. Feb. 1, 1820. 34T 

forward, under the direction of the Firewcards of said 
town, and to use their best endeavors to extinguish and 
prevent the spreading of any fire, which may happen 
in said town, or in the vicinity thereof, and which shall 
come to their knowledge, without delay ; and also to 
use their best exertions for the preservation of all per- 
sons and property which may be exposed to danger 
thereby. 

Sec. 4. lie it further enacted, That the persons who 
may be appointed Firemen in pursuance of this act, 
shall be, and tliey are hereby exempted from common Exemption, 
and ordinary military duty, and from sei'\ing as Jurors,, 
or in the office of Constable, during tiie time they may 
be employed in the service aforesaid. 

Sec. 5. Be it farther Enacted, That if any one, who 
may be appointed, pursuant to the provisions of this 
act, shall, in the opinion of such Selectmen, be negli- 
gent or remiss in the duties required of him, as a Fire- 
man, by this act, or by any rules and regulations which 
may be prescribed and made in pursuance thereof, it 
shall be the duty of such Selectmen, upon sufficient 
evidence thereof, to discharge him from such company, Disciwrgc for 
and from his office and duty, as a Fireman ; and there- "^^'^^^ °^ *"-^ 
upon to proceed and appoint another person in his 
room, in the manner herein before directed. 

[Approved by the Governor, Februry 7th, 1820.] 



CHAP. CCXXX. 

An Act to incorporate the Episcopal Churcli of Saint 
Thomas, in Taunton. 

Sec. 1. JjE it enacted by the Senate and House of 
MepresentativeSj iii General Court assembled, and by 
the authority of the same, That Ichabod Leonard, Levi Persons incor- 
Leonard, David Burt, James Burt, 2d, Oliver Dan- p°'""*^'^ 
forth, and Galen Hicks, together with such others as 
have associated, or may hereafter associate with them, 
and tlieir successors, with their polls and estates, be, 



348 ST. THOMAS' CHURCH. Feb. 7, 1820. 

and they hereby are incorporated into a society or 
body politic, by tlie name of the Episcopal Church of 
General pow- Saint Tliomas, in Taunton, with all the powers and 
^^' privileges, and subject to all the duties and restrictions 

of other religious societies, according to the constitution 
and laws of this Commonwealth, and the rights and 
usages of the Protestant Episcopal Church, in the 
United States. 

Sec. 2. Be it further enacted, That if any other 
person or persons, shall hereafter incline to associate 
with the said Episcopal Church, in Taunton, and 
Conditions of sliall Icave a certificate of the same, signed by the 
toembership. j^^ctor. Clerk, or Committee of said church, with the 
Clerk of the town or parish, to which he or they may 
respectively belong, he or they, with his or their polls 
and estates, shall be considered as members of the 
Episcoj)al Church aforesaid. And if any person or 
Terms of seces- persons sliall hercaftcr see cause to leave the said 
*'°"' Episcopal Church of Saint Thomas, and unite with 

any other religious society or parish, and sliall leave 
with the Rector or Clerk, of the Episcopal Church 
aforesaid, a certificate of the same, signed by the Min- 
ister, Clerk or Committee of such other parish or reli- 
gious society, with which he or they may have united, 
he or they, with his or their polls and estates, shall be 
discharged from said Episcopal Chuix:]!, and annexed 
to the parish or society, with which he or they may 
have united as aforesaid. 

Sec. 3. Be it further enacted, That said Episcopal 
Church aforesaid, be, and they hereby are empowered 
Society's funds, to ralsc aud establish a fund, the annual income or 
interest of which shall not exceed the sum of two thou- 
sand dollars ; and for this purpose, may take and hold, 
by gift, grant, or otherwise, any estate, real or person- 
al, arid manage, lease, sell and dispose of the same ; 
the income and interest of which, or so much thereof 
as shall be necessary, shall be appropriated and appli- 
ed, at the discretion of the said society, to the support 
of a Protestant Episcopal Priest or Priests, in said so- 
ciety. And the Warden and Vestry of the said society, 
for the time being, shall have the management of the 
said fund and estate, pursuant to the votes of the said 
society, and subject, at all times, to account with them. 
Sec. 4. Be it further enacted, That the said society 



ST. THOMAS' CHURCH. Feb. 7, 1820. 349 

shall; at a meeting duly called for that purpose, elect a 
Rector, whenever they shall think it expedient, who Rectorship 
shall be inducted according to episcopal usage. 

Sec. 5. Be it farther enacted, That the annual 
meeting of the said society, shall be on Easter Mon- 
day, at such hour and place, as the Wardens, for the 
time being, shall direct and notify ; at which meeting, 
the said society shall choose two Wardens, three or 
five Vestry Men, a Treasurer, Clerk, and other neces- officei-s to be 
sary officers, who shall continue in office one year, and*^^"^^"" 
until others are chosen and qualified ; and special 
meetmgs may be called and notified in the same man- 
ner, by the Wardens, as parish meetings are called 
and notified by Parish Assessors or Committees. 

Sec. 6. Be it further enacted, That the Treasurer 
of the said society shall give bond, with sureties, to 
the satisfaction of the Wardens and Vestry, for the Treasurer to 
faithful performance of his duties, in the penal sum of ^'^^ '^""''' 
two thousand dollars, and shall receive the rents and 
monies of the said society, and shall have the custody 
of all leases, and other written evidence of contracts, 
and debts due to them ; and he shall, annually, and 
whenever required by the Wardens and Vestry, exhibit 
to them, to be submitted to the society, a detailed ac- 
count of all monies by him received and paid, and of 
the state of said fund. 

Sec. 7. Be it further enacted, That all deeds of 
pews in the church, which may be erected by the said 
society, shall be recorded within three months after the Pews to b^ tc 
same are executed, in the books of the Clerk of the ^'^**^'^'"^ 
said society, and need not be recorded in the office of 
the Town Clerk, or Register of Deeds. 

Sec. 8. Be it further enacted. That any Justice of 
the Peace, for the County of Bristol, is hereby author- 
ized, upon application of either of the persons named 
in this act, to issue his warrant, requiring such person 
applying as aforesaid, to notify a meeting of the mem- 
bers of the Episcopal Church aforesaid, at such con- Fnst Weeim^-. 
venient time and place, as shall be appointed in said 
warrant, for the election of such officers and transacting 
such other business as may be necessary, for the due 
organization of said society. 

[Approved by the Governor, February 7th, 1820. j 



S5Q COURT OF SESSIONS. Feb. 1, 1820. 

CHAP. CCXXXI. 

An Act to alter the time for holding the Court of Ses- 
sions, in the County of Franklin. 

X3E 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 term of the Court of Sessions^ 
now, by law, established to be holden at Greenfield^ 
Time of holding within and for said County of Franklin, on the third 
Cbwt, altered, ''fuesday of November, shall be holden on the first 
Tuesday of September, any law to the contrary not- 
withstanding. 

[Approved by the Governor, February 7th, 1820.] 



CHAP. CCXXXII. 

An Act to incorporate the First Congregational Society, 

in Lubec. 

Sec. 1. JtfE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
person* incor- tlic authority of the same, That John Faxon, Joseph 
porated. Sumncr, Jabez Mowry, H. G. Balch, Moses Fuller, 

S. Clapp, Daniel Young, William Chaloner, Samuel 
Miars, Joseph Whitney, Nehemiah Small, William 
Phelps, Hiram Bosworth, Joseph Foster, and their 
associates, or sucessors, be, and they hereby are incor- 
porated and made a body politic and religious society, 
by the name of the First Congregational Society, in 
Lubec ; and by that name may sue and be sued, and 
General paw- shall havc, and be invested with all the powers, privi- 
leges, and immunities, to which other religious corpor- 
ations in this Commonwealth are entitled by law ; and 
shall be capable of purchasing and holding estate, real 
and personal, the annual income of which shall not 
exceed five thousand dollars, exclusive of their meeting 
house, and the land whereon the same stands. 



ers 



COlSGr. SOC. IN LUBEC. Feb. 24, 1820. 35i 

Sec. 2. Be it further enacted. That the said society 
be, and they are hereby authorized and empowered to 
raise, from time to time, by a tax upon the pews in Pew Taxes. 
their said meeting house, such sum or sums of money, 
for the building or repairing their meeting house, set- 
tling and maintaining a Minister, and defraying all other 
expenses of public worship, w ith incidental charges, as 
they may agree ; or otherwise, monies, for the purposes 
aforesaid, may be raised and collected, in the same 
way and manner as other religious societies are, by law. 
authorized to do. And when any tax shall be assess- 
ed upon the pews, the society shall cause a valuation 
thereof to be made, by the Assessors of the society, so 
often as the society shall think proper. And the said 
Assessors shall number and appraise the pews, respect- 
ively, according to their situation and rank, and shall 
make a list of such valuation, and shall assess and 
apportion the sums, voted to be raised by the said so- 
ciety upon the said pews, according to the last valua- 
tion thereof as aforesaid, and shall deliver an attested 
copy of the same to the Clerk of the society, who shall 
make and keep a record thereof, for the use and in- 
spection of said society. 

Sec. 3. Be it further enacted, That whenever any 
owner, or occupier, of any pew, in said meeting house, 
shall neglect or refuse to pay the tax or taxes assessed 
upon their pew or pews, the Collector of any such tax, 
to whom the same is committed, shall have power, and 
he is hereby fully autliorized to demand and receive 
the same of any such owner or occupant thereof; and 
if payment of such tax is neglected to be made, for 
thirty days after notice given and demand made, by 
any such Collector as aforesaid, of the owners or occu- 
pants, when known, and living in said town, or by an 
advertisement, posted upon the door of said meetiug 
house, when the owners or occupants are unknown, 
or not living in said town, (of all which the Collector's 
oath shall be sufficient evidence,) such Collector shall I^.^^^J'^'''*' ^°^ 
have power to sell such pew or pews, at public vendue, 
to the highest bidder, notice being given of the time 
and place of sale, in manner aforesaid ; and of the 
pew or pews to be sold, and the number of the same, 
lour days; at least, before the time of such sale^ and 



352 ^ CONG. SOC. IN LUBEC. Feb. 7, 1820. 

after the expiration of said thirty days. And such 
Collector shall have power, if he see lit, to adjourn 
such sale, from time to time, not exceeding three times, 
nor beyond thirty days from the first day of sale ; and 
shall also make and execute a deed of every such pew, 
thus sold, which deed shall be recorded by the Clerk 
of said society. And such deeds shall completely Vest 
all such owners interested in such pew or pews, in the 
purchaser, together with the lands thereunto attached, 
in said society ; and the overplus, (if any,) when the 
tax or taxes are deducted, and all the legal costs of 
sale, shall be immediately paid over to the owner. 

Sec. 4. JBe it further enacted, That the Collector of 
said society shall receive suitable warrants, for the col- 
lection of any such tax, from the Assessors, and shall 
Power of Col- jjave the same powers to collect the taxes of said soci- 

lectors. 

ety, as Collectors of town taxes have, by law ; and 
shall observe the same directions in collecting and pay- 
ing over the money, as town Collectors are bound to 
observe. 

Sec. 5. Be it further enacted. That in every ques- 
tion which involves the property of said society, no 
person shall be considered a legal voter, but actual 
Qualification of P'^'opiietors, or their agents, legally authorized ; and 
Voters. the proprietor or proprietors of each pew, in said house, 

shall be entitled to one vote, for each pew, upon all 
such questions. 

Sec. 6. Be it further enacted, That any Justice of 
the Peace, in the County of Washington, be, and here- 
by is authorized to issue his warrant, directed to some 
suitable person who is a member of the said First 
Congregational Society, requiring him to warn and 
Annual iMect uotify the members thereof, to meet at such time and 
*"°'' place, in said Town of Lubec, as shall be directed in 

said warrant, to choose such officers, as parishes and 
other religious societies in this Commonwealth, are, by 
law, authorized to choose, in the month of March or 
April, annnually. 

[Approved by the Governor, February 7th, 1820.] 



PART OF SHAPLEIGH SET OF. Feb, 10, 1820. 353 



CHAP, ccxxxni. 

An Act to annex Thomas Keyes, with his family and 
estate, to the Town of West Boylston. 

Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Thomas Keyes, with 
his family and estate, be, and hereby are set off fi'om 
the Town of Boylston, and annexed to, and made a 
part of the Town of West Boylston ; and shall there 
exercise and enjoy all the rights and privileges, and 
^hall also be subject to all the duties and requisitions 
as other inliabitants of the said town of West Boylston. 

[Approved by the Governor, February 10th, 1820.] 



CHAP, ccxxxrv. 

An Act to set off a part of the Town of Shapleigh, and 
annex the same to the Town of Sanford. 

Sec. 1. -OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the following describ- Description of 
ed parcels of land, viz. : two hundred acres formerly ^""^*' **^^ °^' 
belonging to Kendal ; three hundred and sixty nine 
acres, purchased of this CommonAvcalth by William 
Frost, Junior ; and so much of the three hundred acres 
granted to John Lydston, as Avas formerly owned and 
possessed by the said William Frost, Junior, which 
lands are now a part of the Town of Shapleigh, in 
the County of York, shall be, and they, with the in- 
habitants and their estates thereon, hereby are set off, 
from the said Town of Shapleigh, and annexed to the 
Town of Sanford, in said County : Provided, however, Provho. 
that the said lands, inhabitants and estates respectively, 
shall be holder to pay to the said Town of Shapleigh 
46 



354 KENNEBUNK PIER. Feb. 10, 1820 

their just proportion of all unpaid taxes, heretofore 
voted, or assessed, on or by the authority of the Town 
of Shapleigh. 

Sec. 2. Be it further enacted, Tliat in all future 
state and county taxes, until a new valuation shall be 
Taxes set off. taken and settled, one twenty fifth part of the taxes 
which would have been set to the Town of Shapleigh, 
according to the last valuation, shall be set to the 
Town of Sanford. 

[Approved by the Governor, February 10th, 1820.] 



CHAP. CCXXXV. 

An Act to extend the provisions of an Act for incor- 
porating the proprietors of the Kennebunk Pier, and 
to annex the Harding Wharf thereto. 

Sec. 1. JJE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the further term of ten 
Exten5io;i of years from the expiration of the last limitation be, and 
time. hereby is granted to the proprietors of the Kennebunk 

Pier, according to the provisions of the original act of 
incorporation, passed the second day of February, 
seventeen hundred and ninety eight. 

Sec. 2. Be it further enacted, That the Harding 
Wharf, so called, lying near the said pier, be, and 
hereby is annexed to and made a part of said property ; 
and the proprietors of the said pier shall be liolden to 
put and keep the said wharf in sufficient repair, during 
the said term of ten years. .. 

[Approved by the Governor, February 10th, i830.] 



FREEWILL BAJ»TIST SOC. Feb. 12, 1820. 355 



CHAP. CCXXXVI. 

An Act to incorporate tlie Freewill Baptist Society, in 

Eastport. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Sylvanus Appleby, Persons incor- 
Jolin Babcock, John Burgin, J erry Burgin, Alexander p°^"^^^^ 
Capen, Thomas Haycock, Joshua Hinckley, John C. 
Lincoln, Robert Mowe, Darius Olnistead, Ethel 01m- 
stead, Charles Peavey, John Shackford, and William 
Shackford, together with such as may hereafter asso- 
ciate with them, and their successors, be, and they 
hereby are incorporated, for religious purposes only, 
into a society, by the name of the Freewill Baptist So- 
ciety, in Eastport, Avith all the powers, privileges and 
immunities, to which other religious societies are en- 
titled, by the constitution and laws of tliis Common- 
wealth ; and said corporation is liereby autliorized and 
empowered to take, purchase and hold, all real and 
personal estate necessary and convenient for the pur- 
poses aforesaid. 

Sec. 2. Be it further enacted, That said society be, 
and the same is hereby authorized, at a meeting held 
for the purpose, to raise such sums of money as it may Money to be 
think needful for the support of public w orship, build- '^^''^'^ 
ing and repairing meeting houses, and other purposes 
incident to the authority given by this act, by an equal 
assessment upon all the pews and seats in any meeting 
house which may hereafter belong to it. And if any 
proprietor of any pew or seat shall neglect or refuse 
to pay any assessment which may be made upon his 
pew or seat, within one year from the time he shall be 
notified thereof, the Treasurer of said society may sell. Delinquents' 
at public auction, all the right and interest said delin-^^^^*^°^'^*°^ 
quent proprietor may have in any seat or pew, after 
giving notice of the time and place of sale, at least 
fourteen days previous thereto, by notifications, in writ- 
ing, posted at all the doors of the meeting house of said 
society. And after deducting the amount of the assess- 



356 BAPTIST SOC. PORTLAND, Feb. 12, 1820. 

ment, with legal interest thereon, from the tjme it be- 
came due, and all costs and charges, the said Treasurer 
shall pay the balance, if any, over to said delinquent 
proprietor. And said Treasurer is hereby authorized 
and empowered, upon the sale aforesaid, to execute and 
deliver a deed of conveyance, to the purchaser of the 
pew or seat, which deed shall be good and valid in law. 
Sec. 3. Be it further enacted, That said society 
may order and establish such regulations, rules and 

By-Laws. by-laws, for its government, and for the management 
of its concerns, as may be thought fit ; provided, the 
same are not repugnant to the laws of this Common- 
wealth. 

Sec. 4. Be it further enacted. That any Justice of 
the Peace, for the County of Washington, be, and he 
hereby is authorized to issue his warrant to some mem- 
ber of said society, requiring him to warn the members 

Meeting. tlicrcof to meet at such convenient time and place, as 
shall be therein directed, to choose a Moderator, Clerk 
and Treasurer, and such other oflBcers as they may 
think needful ; and the Moderator so chosen, and the 
Moderators chosen at all future meetings, shall have 
authority to administer the oath of office to the Clerk 
and all other officers, of whom an oath is required 
by law. 

[^Approved by the Governor, February 12th, 1820.] 



CHAP. CCXXXVII. 

An Act to incorporate the First Baptist Society, in 
Portland. 

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 Beck, Mark 
Persons incoF- Harris, and Benjamin Ilsley, together with such others 
porated. j^g y^^j hereafter associate with them, and their suc- 
cessors, be, and they are hereby incorporated into a 
religious society, by the name of the First Baptist So- 



BAPTIST SOC. PORTLAND. Feb. 12, 1820, 357 

ciety, in Portlaiidj with all the powers and privileges, 
belonging to other religious societies, according to the 
constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any inhabitant 
of the said Town of Portland, who may hereafter desire 
to join in religious fellowship with the said Baptist conditions of 
Society, shall have a right so to do, by declaring such ^^n^'^^^'^^'P- 
desire and intention, in writing, and delivering the 
same to the Minister or Clerk of the said Baptist So- 
ciety, fifteen days before the annual meeting thereof ; 
and shall also deliver a copy of the same to the Town 
Clerk, or to the Clerk of any other religious society, 
with which such person has been before connected, 
fifteen days before the annual meeting thereof; and if 
such person can produce a certificate pf admission, 
gigned by the Minister and Clerk of said society, pur- 
porting that he or she has united with and become a 
member of said Baptist Society, such person, from the 
date of said certificate, with his or her polls and estate, 
shall be held and considered to be members of the said 
First Baptist Society, in Portland ; and shall be ex- 
empted from taxation tow ards tlie support of any other 
religious society, in the town or parish where such per- 
son may dwell. 

Sec. 3. Be it further enacted, That when any mem- 
ber of the First Baptist Society, in Portland, may see 
cause to secede therefrom, and to unite with any other Terms of scce? 
religious society, in the said Town of Portland, the*'""' 
same forms and process of a written declaration and 
certificate shall be made, required, and given, mutatis 
mutandis, as is prescribed and required in the second 
section of this act : Provided, always, that in every case 
of secession from one society, and joining another, the 
person so seceding, shall be holden, in law, to pay his 
or her proportion, or assessment, of all parochial or 
society debts and expenses, w hich have been voted and 
assessed, and not paid, prior to such secession. 

Sec. 4. Be it further enacted, That any Justice of/ 
the Peace, for the County of Cumberland, be, and he 
is hereby empowered to issue his warrant, directed to 
one of the persons named in this act, requiring him to 
notify and warn the members of the said Baptist Soci- 
ety, to meet at such convenient time and place as shall Meetuig. 



358 WORCESTER TURNPIKE. Feb. 12, 1820, 

be appointed in the said warrant, to organize the said 
i^ociety, by the election and appointment of its oiSicers, 

[Approved by the Grovernor, February 12th; 1820.] 



CHAP. CCXXXVIII. 

An Act authorizing the Worcester and Stafford Turn- 
pike Corporation to remove the two westerly gates 
on said turnpike road. 

JjE it enacted hy the Senate and House of 
MepresentativeSj in General Court assembled, and by 
the authority of the same, That the proprietors of the 
Worcester and Stafford Turnpike Corporation be, and 

Gate removed, they are hereby authorized to remove the westerly gate 
on said turnpike road, easterly from where it is now 
located, to some convenient place, not exceeding five 
miles ; and likewise to remove the middle gate, (so 
called,) on said road, not exceeding three fourths of a 
mile, either way, from the place where it is at present 
located : Provided, that said gates shall not be erected 
on any town or county road ; and that, hereafter, they 
shall be authorized and empowered to demand and 
receive from all travellers, passing said gates so re- 

ToiL moved, the usual rates of toll established and provided 

to be taken and received by the general turnpike law, 
any thing in the general turnpike law to the contrary 
notwithstanding. 

[Approved by the Grovernor, February 12tli; 1820. 



CONGREGA. SOC. EASTPORT. Feb. 15, 1820. 359 



CHAP. CCXXXIX. 

An Act in addition to an Act, entitled, ^^ An Act to 
divide the Town of Greenwich into two parishes." 

IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That instead of the words, 
*^ thence west, to the west line of lot numbered seven- 
teen,'' contained in the first section of the act, passed 
on the twenty first day of June, in the year of our Lord 
one thousand seven hundred and eighty seven, entitled 
^^ an act to divide the Town of Greenwich, into two 
parishes," said line be known and described as fol- 
lows, viz. : east, to the west line of lot, numbered 
seventeen. 

[Approved by the Governor, February 15th, 1820.} 



CHAP. CCXL. 

An Act to incorporate the First Congregational Society. 
in Eastport. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Jonathan D. Weston, Person? incor 
Ezekiel Prince, Ezra Whitney, Micaj ah Hawks, to- ^""'"*'' 
getlier with such others as may hereafter associate with 
them, and their successors, be, and they are hereby in- 
corporated as a religious society, by the name of the 
Proprietors of the First Congregational Meeting House, 
in Eastport ; and are hereby vested with all the pow- 
ers and privileges, and subject to all the duties and 
requisitions, of other parishes, or religious societies, 
according to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted. That any inhabitant condit,>9iis fu 
of the town of Eastport, who may be desirous of join- ^^^"''''^^"^*'"^ 
ing the said First Congregational Society, shall declai-e 



360 CONGREGA. SOC. EASTPORT. Veh. 15, 1820. 

such desire and intention, in writing, fifteen days before 
the annual society meeting, and also deliver a copy of 
the same declaration to the Minister or Clerk of such 
other society as the said person formerly belonged to ; 
and if such person receive and can produce a certificate 
thereof, signed by the Clerk or Committee of said so- 
ciety, that he or she has actually become a member of 
the said First Congregational Society, such person, 
with his or lier polls and estate and family, shall be 
considered as members of said society. 

Sec. 3. Be it further enacted^ That when any mem- 
ber of the said First Congregational Society, may see 

Teims-ofscces- cause to secede therefrom, and to unite with any other 
religious society, in said town of Eastport, such person 
shall have a right so to do, by declaring such intention, 
fifteen days before the annual meeting of such other 
society ; and shall also deliver a copy of such declara- 
tion to the Committee or Clerk of the society from 
which he or she has so seceded, such person shall have, 
from the Clerk thereof, a certificate thereof, and shall be 
considered as released from said society, from the date 
of said certificate : Provided, however, that in every 
case of joining, or secession from one society and join- 
ing another, such person shall always be holden to pay 
his or her proportion of all parish or society taxes and 
expenses assessed, or not, prior to such secession. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace, for the County of Washington, upon appli- 
cation therefor, is hereby empowered to issue a war- 
rant, directed to one of the persons named in this act, 

First Meeting, requiring him to notify and warn the first meeting of 
the said proprietors, at such convenient time and place, 
as shall be appointed in said warrant, to organize the 
proprietors, by the election and appointment of their 
officers. 

[Approved by the Governor, February 15th, 1820.] 



METHODIST SOCIETY. Feb, 15; 1820. 361 

CHAP. CCLXI. 

An Act to incorporate the Trustees of the Methodist 
Heligioiis Society, in Charlestown. 

Sec. 1. 15 E it enacted hy the Senate and House of 
Representatives, in General Court assembled, and hy 
the authority of the same, That William Grandville, Persons incor- 
James Burnet, Jonathan In^^als, William Swindell, ^°^^^^ ' 
William Haws, Moses Hand, Samuel Poor, Domingo 
De Castro, and John Lamb, be, and hereby are incor- 
porated into a body politic, by the name of the Trustees 
of the Methodist Religious Society, in Charlestown ; 
and by that name, they and their successors in office, 
shall be a corporation forever. 

Sec. 2. Be it further enacted, That the number of 
said Trustees shall, at no time exceed nine, six of 
"whom shall constitute a quorum to do business. They 
shall annually, in the montli of March, elect from their 
own body, a Treasurer, who shall have charge of the 
monies and security for monies, or other property be- 
longing to the said Methodist Religious Society ; also 
a Secretary, who shall keep a ftiitliful record of all the 
votes and doings of the said Trustees. They shall 
have power to make such rules and by-laws, as may be General po^v^ 
necessary, for the management of their affairs, and the^^' 
regulation of their officers, the raising of money for the 
support of their public teacher, and repairs of their 
chapel, and for calling their meetings from time to time, 
as are not repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 3. Be it further enacted, That whenever there 
shall occur any vacancy in the Board of Trustees, by 
reason of death, resignation or removal from office, the 
Secretary, for the time being, shall notify and call a 
meeting of the remaining Trustees, as soon as may be; 
and the Minister, having the pastoral charge of said 
Methodist Religious Society, shall nominate suitable 
persons, being members of the said society ; and from 
such nominations, the Trustees shall elect, and by a choice of Tnu. 
majority of votes, appoint a person to fill such vacancy, *^^^ 
in order that the number of Trustees be nine, forever. 
47 



362 METHODIST SO(J.— .iilTNA. Feh. 15, 1820. 

Sec. 4. Be it further enacted, That tlie lands and 
other property that may be hereafter purchased by, or 
given unto tlie said Trustees, for the use and benefit of 
the said Methodist Religious Society, either for the 
support of the worship of Grod, or for the support of 
the poor of the said society, shall be confirmed to the 
said Trustees, and their successors in that trust, for- 
ever : And the said Trustees and their successors, may 
May hold Real have aud hold, in fee simple, by gift, grant, devise, 
Estate. bequest, or otherwise, any lands, tenements, lieredita- 

Proviso. ments, or other estates, real or personal ; provided, the 
annual income thereof shall not exceed the sum of two 
thousand dollars ; and may sell and dispose of the 
same, aud apply the rents and proceeds thereof, in such 
manner as shall best promote the end and design of 
the said Methodist Heligious Society. 

Sec. 5. Be itfuHher enacted, That the said Trus- 
tees may have one common seal, which they may at 
pleasure alter and renew ; and all deeds, signed by the 
Power of Trus- Treasurer and Secretary of said corporation, for the 
'^*^* time being, aud sealed with their seal, duly acknowl- 

edged, shall be good and valid in law ; and the said 
Trustees may sue and be sued in all actions, real, per- 
sonal, and mixed, and prosecute and defend the same 
to final judgment and execution, by tlie name of the 
Trustees of the Methodist Society, in Charlestown. 

Sec. 6. Be it further enacted, That Jonathan Ingals 
be, and hereby is authorized, to fix the time and place 
First Meeting, of holding the first meeting of the said Trustees, and 
to notify them thereof accordingly. 

[Approved by the Governor, February 15th, 1820.] 



CHAP. CCXLIL 

An Act to incorporate the Town of iEtua. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same^ That the tract of land, de- 



^TNA.—TAKING OF FISH. Feb. 15, 1820. 363 

scribed and bounded as follows, viz. : beginning at the Boundarief. 
southwest corner of the Town of Carmel, thence west- 
erly, on the north line of the Town of Dixmont, to the 
southeast corner of Plantation Number Five, in the 
second range ; thence northerly, on the easterly line 
of said Plantation, to the Town of Newport ; thence 
easterly, on the south line of the said Town of New- 
port, and Plantation Number Three^ in the third range, 
to the nortliwest corner of the said Town of Carmel ; 
thence southerly, on the westerly line of said Carmel, 
to the place of beginning, together with the inhabitants 
thereof, be, and hereby are incorporated into a town, 
by the name ^tna : And the inhabitants of the said 
town are hereby vested with all the powers, privileges 
and immunities, which the inhabitants of towns within 
this Commonwealth, do or may, by law, enjoy. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace, within and for the County of Penobscot, is 
hereby empowered to issue his warrant, directed to 
a freeliold inhabitant of the said town, directing him 
to notify the inhabitants of said town, to meet at such First Meeting. 
time and place, as he shall appoint, to choose such of- 
ficers, as other towns are empowered to choose, at their 
ajinual town meetings. 

[Approved by the Grovernor, February 15th, 1820.] 



CHAP. CCLXIII. 

An Act in addition to an Act, entitled " An Act for the 
preservation of the fish, called Alewives, in Wew e- 
antit River, in the County of Plymouth, and for 
regulating the taking said fish.'' 

JjE it enacted by the Senate and House of 
Representatives, in. General Court assembled, and by 
the authority of the same., That from and after the 
twenty fifth day of June next, no person shall be liable 
to pay any penalty or forfeiture, for taking fish, called 
alewives, in Weweantit River, or in any pond or 



364 LINE ESTABLISHED, Feb. 15, 1820. 

stream, having connection tlierewilli, from the twenty 
fifth day of June, to tlie fifteenth day of March, annu- 
ally, any law to the contrary notwithstanding. 

[Approved by the Governor, February 15th, 1820.] 



CHAP. CC LXIV. 

An Act to establisli the jurisdictional line between the 
Towns of Grroton and Dunstable. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the sanwy That the jurisdictional line 
between the Tow ns of Groton and Dunstable, in the 
County of Middlesex, be, and hereby is fixed and es- 
tablished, and the same hereafter is to be considered 
Boundaries, and kuown according to the bounds and monuments 
hereinafter mentioned and described, as follows, to wit : 
beginning at a chesnut tree, marked, with stones about 
it, on the easterly bank of Nashua River, at the south- 
westerly corner of Henry Blood's land ; thence running 
southeasterly, to a dead pitch pine tree, marked, stand- 
ing on the westerly side of Unquetanasset Brook, so 
called, with stones about it, being the same bound 
whicli is designated, at the southerly end of the line, 
marked number twenty tliree, on the plan of the pre- 
sent jurisdictional line, between the said towns ; thence 
running still southerly, to a stake and stones, on the 
easterly side of Unquetanasset Brook, so called, and 
on the southerly side of the Pepperell road, and near 
the Trough Bridge, so called, being the southerly end 
of the line, marked number thirty four, on said plan ; 
thence running southwesterly, tb a heap of stones, at the 
end of a large rock, called Break-Neck-Rock, being 
the southwesterly end of the line, marked number thirty 
eight, on said plan ; thence running southerly to a pitch 
pine stump, with stones about it, near Pole Hill, so 
called, where a large pitch pine tree lately stood, on 
the northerly side of tlic road, leading from Grroton to 



CONG. SOC. IN GREENFIELD. Feb. 15, 1820. 265 

Dunstable, being the easterly end of the line, marked 
number fifty eight, on said plan ; thence running south- 
easterly, to a heap of stones, on a ledge of rocks, at 
the easterly end of the line, marked number seventy 
four, on said plan ; and thence running easterly, to a 
white birch tree, with stones around it, on a little island, 
the westerly side of Masliapoag Pond, so called, being 
the easterly end of the line, marked number eighty 
seven, on said plan. 

Sec. 2. Be it further enacted^ That all persons, of 
either of said towns, now seized and possessed of an 
inheritable estate therein, and their heirs only, shall 
be exempted from being taxed as non resident proprie- 
tors, by either of said toAvns, in consequence of the 
establishment of the above mentioned jurisdictional line, Exemption' 
but not to exempt any person or persons from being 
taxed as non resident proprietors, who are now liable 
to be so taxed. 

Sec. 3. Be it further enacted ^ That all persons who 
are now inhabitants of Groton, and will become inhab- 
itants of Dunstable by the establishment of the line 
aforesaid, shall be deemed to have their legal settle- 
ment in Dunstable ; and all persons who have hereto- 
fore gained a legal settlement in Groton, by force of 
their residence, or occupation of the lands, or territo- Legal setue- 
ries, that will, by the establishment of said line, belong ""^"^ 
to the Town of Dunstable, other than those who are 
now occupying or resident upon the said lands or ter- 
ritories, shall be deemed to have their legal settlement 
in Groton. 

[Approved by the Governor, February 15th, 1820.] 



CHAP. CCXLV. 

An Act to incorporate the Trustees of the Second 
Congregational Society, in Greenfield. 

Sec. 1. 13 E it enacted by the Senate and House of 
Representatives, in General CouH assembled, and by persons incor- 
the authority of the same, That Jonathan Leavitt, Jerom po'^ted.. 



366 



CONG. SOC. IN OREENFIELD. Feb. 15, 1820, 



Ripley, Elijah Alvord, Eliel Gilbert, Samuel Wells, 
Ambrose Ames, and David Ripley, and their success- 
ors, be, and they are hereby made and constituted a 
corporation, by the name of the Trustees of the Minis- 
terial Fund of the Second Congregational Society, in 
. Greenfield ; and by that name, to remain a corporation 
forever; capable and liable, in law, to sue and be sued 
in any action, real, personal, or mixed ; and may have 
a,nd hold, in fee simple, or otherwise, any estate, real 
and personal, to the value of fifteen thousand dollars ; 

Powers of True- and may sell and convey the same, by deed or other- 
wise ; and may appoint all such officers, as may be 
necessary, for the management of their affairs ; and 
may make, adopt and execute all reasonable by-laws 
and regulations that may be necessary and proper, for 
the government of the said corporation, and not repug- 
nant to the constitution and laws of this Commonwealth. 
Sec. 2. Be it further enacted. That the said Board 
of Trustees shall have full pow er to receive and hold 
all money, notes, or other securities, now constitu- 
ting the fund of the said society ; and also, to receive 
and hold all gifts, grants, donations, or subscription, 
that may hereafter be made to increase said fund, and 

Management of tlic Same to manage and put on interest, and to apply 
the income and interest thereof, annually, for the sup- 
port of the Minister of said society, forever : Provided, 
that no appropriation of any gift, grant, or donation, or 
the income thereof, shall ever be made contrary to the 
express intention and direction of the donor. 

Sec. 3. Be it further enacted, That the number of 
Ti'ustees shall never be more than seven ; that when- 
ever they shall be reduced below that number, the 
vacancies shall be filled before they proceed to the 
transaction of any other business ; that four shall be a 
quorum for doing business ; that the said Trustees shall 
keep a fair record of all their proceedings, which shall 
be open to the inspection of any Committee appointed 
for that purpose, by said society : And that the said 
Trustees shall have power to fill all vacancies that may 
happen, by death, resignation, or otherwise. 

Sec. 4. Be it further enacted. That the said Trua- 

Annuai eshibi- tees sliall, annually, exhibit to the said society, a cor- 

tion oi Funds, y^^.^ statement of the funds; in their possession, and of 



Funds. 



Quorum of 
Trustees. 



CONG. SOC. IN GREENFIElLD. Feb. 15, 1820. 367 

the expenditure of the interest and income thereof, 
whenever the society may require it ; and they shall be 
liable, individually, in damages to the society, and to 
donors, for any waste, misapplication, or mismanage- 
ment of said funds ; and shall receive no compensation 
for their services, in managing the affairs of the said 
corporation, other than what shall be paid them by the 
said society. 

Sec. 5. Be it further enacted^ That v.henever any 
one of the Trustees shall die, or resign, or shall become 
a member of any other church or society of christians, 
or shall cease to be a member of the Second Congre- 
gational Church or Society aforesaid, or in the judgment 
of a major part of the Trustees, shall be rendered in- 
capable, by age, removal, or otherwise, of beneficially 
discharging the duties of said office, the Trustees shall 
declare his office vacant, and shall proceed, without 
delay, to elect some suitable person to fill such vacancy, vacancies to be 
And all deeds and instruments, requiring a seal, which ^"^''^ "'' 
(he Trustees shall have lawfully determined to make, 
shall be sealed with their seal, and being signed and 
acknowledged by the Treasurer of said corporation, 
shall bind the said Trustees and their successors, and 
be valid in law. 

Sec. 6. JBe it further enacted, That any Justice of 
the Peace, for the County of Franklin, is hereby au- 
thorized and empowered to issue liis warrant, directed 
to one of the Trustees named in this act, requiring him 
to notify the first meeting of the said corporation, to 
organize the same, by the establishment of by-laAVs, and By-Law- 
the appointment of its officers. 

Sec. 7. Be it further enacted, That it shall and 
may be lawful, for all deeds given, or hereafter to be 
given, on the sale of any pew in the Second Congrega- 
tional Meeting House, in tlie Town of Greenfield, to 
be recorded, by the Clerk of said society, in a book to Records of so- 
be especially provided for that purpose ; and all deeds, ^''"^ 
legally executed and recorded as aforesaid, shall be 
deemed sufficient in law, to pass the title thereto, any 
law, usage, or custom, to the contrary notwithstanding, 

[Approved by the Governor, February 15th, 1820.1 



increased. 



368 MANUFACTURING COMP. Feb, 15, 1820. 

CHAP. CCXLVI. 

An Act in addition to an Act, entitled ^^ An Act to in 
corporate the Boston Manufacturing Company." 

Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Boston Manufac- 
turing Company be, and the same is hereby authorized 
Capital Stock to iucrease its capital stock, by adding thereto, a sum 
equal to that permitted by the original act of incorpora- 
tion, or any smaller sum ; and may purchase therewith 
real estate, not however, exceeding in value, one quar- 
ter part of the sum hereby permitted to be added, 
exclusive of buildings and improvements made by said 
corporation. 

[Approved by the Grovernor, February 15tli, 1820.] 



CHAP. CCLXVn. 

An Act to change the name of the Methodist Society, 
in the First Parish in Lynn, in the County of Essex, 
and for other purposes. 

Sec. 1. 13E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the name of the Metho- 
dist Society, in the First Parish in Lynn, in the County 
of Essex, shall cease, and the said society shall liere- 
change of Title after be kuowu, and called by the name of the First 
Methodist Society, in Lynn. 

Sec. 2. Be it further enacted. That the said society 
shall, in the month of April, annually, at a legal meet- 
ing for that purpose, by a major vote of the pew hold- 
ers present, each pew holder having one vote, choose 
May choose five Trustees, and three of said Trustees shall be a 
Trustees. quorum for doing business ; and the said Trustees shall 
also, annually, elect from their own body, a Treasurer, 



LYNN METHODIST SOCIETY. Feb. 15, 1820. 369 

who shall have charge of all the monies and securities 
for money, or other property belonging to the said 
Methodist Society ; and also, a Clerk, who shall keep General pow- 
a faithful record of all the votes and doings of the said^"^^' 
Trustees, and record all deeds and transfers of pews, 
in a book, which shall be kept for that purpose ; and 
the Trustees, for the time being, shall have power to 
give deeds to pew holders, which deeds, after being 
recorded by the Clerk, sliall be valid to all intents and 
purposes, as though they were recorded by the Register 
of Deeds, for the County of Essex. And the said 
Trustees may, on the behalf of the said Methodist 
Society, hold the lot of land, whereon they have lately 
built a meeting house, and such other estate, real and 
personal, as the said society may determine to possess, 
by purchase, or any donation or legacy, which may be 
made to the said society : Provided, that the annual 
income of the Avhole estate of the said society, beside 
the meeting house and tlie land under it, shall not 
exceed two thousand dollars : Provided, also, that the 
said meeting house shall always be free, for the use of 
the Ministers of the Methodist Episcopal Church, in 
the United States of America, who may, from time to 
time, be appointed by the annual conference, to preach 
and expound the word of God, in the said house ; to 
administer the government of the church, to hold society 
meetings, according to tlie rules of discipline, which 
are, or may be adopted by the general conference of Society Meet 
the Ministers of the said church. And the said Trus- '"°*" 
tees may sell and dispose of any property, belonging to 
the said society, and apply the rents, profits, income and 
proceeds thereof, in such manner, as will best promote 
the welfare of the said Methodist Religious Society ; 
and shall also have power to make and establish such 
rules and by-laws as may be necessary for the well 
ordering their affairs, the raising of money for the sup- ' 
port of their public teachers, and repairs of their chapel, 
and for calling and notifying their society meetings, 
from time to time ; provided, such by-laws and rules, 
shall not be contrary to the constitution and laws of this 
Commonwealth. 

Sec. 3. Be it further enacted. That all monies voted 
to be raised, for the support of the ministrv and other 
48 



370 LYNN METHODIST SOCIETY. Feb. 15, 1820. 

incidental charges, in and upon said house, by a major 
vote of the pew holders therein, may be assessed quar- 
Quarterly As- tci'ly, by the Ti'ustees, upon the pews, according to the 
se«smenis. appraisal made upon them ; and any pew which may 
be deficient for three quarterly assessments, may be 
sold by the Trustees, at public auction, after giving 
fourteen days notice of the sale, by posting a notification 
at the door of said meeting house ; and after such 
deficiency, with incidental costs, shall be paid, the 
remainder of the proceeds shall be paid over to the 
proprietor of said pew ; and any pew holder shall be 
at liberty to sell his or her pew to one person only ; 
provided^ all arrears are first paid. 

Sec. 4. Be it further enacted^ That whenever any 
vacancy may occur in the Board of Trustees, by reason 
of death, resignation or removal out of the town, or for 
any other cause, the Clerk, for the time being, shall 
notify, and call a meeting of the remaining Trustees, 
as soon as may be ; and the said Trustees shall pro- 
vacanciestobeceed to elect, and by a majority of votes, appoint a 
filled up. person to fill such vacancy, so that the number shall 
be always five ; and the said Trustees may sue, and 
be sued, plead and be impleaded against, by the name 
of the Trustees of the First Methodist Society, in Lynn. 
And the said Trustees shall, annually, lay before the 
said society, an account of the funds, and of their pro- 
ceedings. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace, for the County of Essex, is hereby empow- 
ered, upon application therefor, to issue a warrant, 
to one of the members of the said society, for calling a 
First Meetirg. meeting thereof, to organize the said society, by the 
election of its oificers, who may then, or at any subse- 
quent meeting, establish the manner of notifying and 
calling future meetings. 

[Approved by the Governor, February 15th, 1820.] 



BOUNDARY LINE. Feb. 21, 1820. 371 



CHAP. CCXLVIII. 

An Act in addition to an Act for incorporating the 
Town of Hampden. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the bounds of the Town 
of Hampden shall hereafter be as follows, viz. : begin- 
ning at the northeast corner of the northerly line of 
the Waldo Patent, so called, on Penobscot River, and 
bounded on the south by the northerly line of said Boundariee. 
Patent, running six miles on said line ; from thence 
running northerly, on the east line of the Town of 
Newburgh, to the southeast corner of the Town of Car- 
mel ; from thence easterly, on the southerly side of the 
ToAvns of Hermon and Bangor, to Penobscot River ; 
and thence bounded on said river, to the first mention- 
ed boundary. 

[Approved by the Governor, February 17th, 1820.] 



CHAP. CCXLIX. 

An Act to alter and establish tlie Boundary Line, 
between the Towns of Dorchester and Quincy. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Neponset River 
be, and it is hereby establislied as the boundary line Boundary. 
between the Towns of Dorchester and Quincy, in the 
County of Norfolk ; and that all that part of the Town 
of Dorchester, which lies on the southerly side of said 
river, called Squantum, and the farms, be, and it is 
hereby set off from the said Town of Dorchester, and 
annexed to the Town of Quincy : Provided, nevertheless, Provisos, 
that John Pope, Edmund Pope, Moses Billings and 01- 



372 ALEWIVE FISHERY. Feb. 21, 1820. 

iver Billings, with their respective families, and all their 
lands and estates, lying in said Squantnm, and the farms, 
and also, Thomson's Island, so called, with the inhabit- 
ants thereon, shall remain annexed to the Town of Dor- 
chester, any thing in this act to the contrary notwithstand- 
ing : And provided f also, that all lots or parcels of salt 
marsh, lying in said Squantum, and the farms now own- 
ed by the Town of Dorchester, in its corporate capacity 
or by the several inhabitants of said town, shall, so long 
as they remain the property of any of the inhabitants of 
said town, be exempt from taxation, by the Town of 
Quincy, but may be taxed by the Town of Dorchester, 
in the same manner as though this act had not passed. 
Sec. 2. Be it further enacted, That the Town of 
Support of Pau-Quincy shall maintain and support all paupers, who 
^^^'' now have, or may hereafter acquire a settlement in 

each and every part of said Squantum, and the farms, 
which by this act, and all former acts, have been set 
off from the Town of Dorchester, and annexed to the 
Town of Quincy. 

Sec. 3. Be it further enacted, That the proprietors 
of lots of upland and marsh, lying in that part of the 
Town of Dorchester, which is, by this act, set off from 
said town, and annexed to Quincy, shall be holden to 
Payment of pay all taxcs, wliicli have been legally assessed on 
^^''^^ them, by spd Town of Dorchester, in the same manner 

as though this act had not passed. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCL. 

A.n Act to repeal all laws heretofore made for regulat- 
ing the Ale wive Fishery, in the Town of Kingston, 
in the County of Plymouth, so far as they relate to 
Jones River, above and including Adams' Mill Dam, 
so called, and also so far as they relate to Stony 
Brook, in said town. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That all the laws heretofore 



DISTRICT SCHOOLS UNITED. Feb. 21. 1820. 37S 

made regulating the alewive fishery, in the Town of 
Kiugston, iu the County of Plymouth, so far as they 
relate to Jones River, above, and including Adams' Fish Laws re^ 
Mill Dam, so called, and also, so far as they relate to p^^'^^* 
Stony Brook, in said town, be, and the same are here- 
by repealed. 

[Approved by the Governor, February 21st, 182Q.] 



CHAP. CCLI. 

An Act to unite the West School District, in Canaan, 
and the East School District, in Norridgewock, iu 
the County of Somerset. 

Sec. 1. IjE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority qf the same, That the inhabitants, with 
their estates, in the west school district, in the Town 
of Canaan, and the inhabitants, with their estates, in 
the east school district, in the Town of Norridge- 
wock, be, and they are hereby made one school dis- Union of school 
trict, for the term of ten years ; and as such, they are ^^'^tricts. 
authorized and empowered to unite their proportion of 
money, raised and appropriated by the said towns, 
respectively, to the uses and purposes of instruction, 
and to elect such Agents, with such powers as other 
school districts .are by law authorized to have ; and the 
Town Officers of either of said towns., on request from 
the Agents of said united districts, are requested to 
perform all the duties in relation thereto, which they 
are authorized and directetl to do and perform, in 
respect to any other school district, in their own town. 

Sec. 2. Be it further enacted, That in case the 
inhabitants of said united district shall erect and build 
a school house therein, the same house and all other 
property, at the end of said ten years, belonging to said 
district, shall be sold by auction, and the whole pro- Distribution of 
ceeds of sale, justly and proportionably distributed p™'^"^'^' 



374 



SOAP STONE MANUFAC. 



Feb. 21, 1820. 



among the said inhabitants, according to what they paid 
or were assessed, in the tax next preceding such sale. 

[Approved by the Governor, FebiTiary 21st, 1820.] 



CHAP. CCLIL 

An Act to incorporate the Boston Soap Stone 
Manufactory. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives J in General Court assembled^ and by 
the authority of the same^ That John Woodberry, 
Persons incor- Jonathan Whitney, and William Lancaster, together 
porate . "with such others as may hereafter associate with them, 
and their successors, shall be, and hereby are made a 
corporation, by the name of the Boston Soap Stone 
Manufactory ; and for this purpose shall have all the 
powers and privileges, and shall also be subject to all 
the duties and requirements of other manufacturing 
corporations, as prescribed, and contained in an act, 
passed the third day of March, eighteen hundred and 
nine, entitled, ^^ an act tlefining the general powers 
and duties of Manufacturing Corporations," and of the 
acts subsequent and supplementary thereto. And the 
said corporation shall continue from the first Monday 
of March next, until the first Monday of March, which 
will be in the year of our Lord, one thousand eight 
hundred and forty, and thence afterwards, for the 
space of one year, for the final settlement of the affairs 
of the said corporation, but for no other purpose what- 
soever. 

Sec. 2. Be it further enacted, That the said corpo- 
ration, in their corporate capacity, may lawfully hold 
May hold Real and possess real estate, not exceeding five thousand 
dollars, and personal estate not exceeding twenty thou- 
sand dollars, as may be necessary and convenient, for 
carrying on the manufacture aforesaid. 

[Approved by the Governor, February 21st, 1820.] 



General pow- 
ers. 



Limitation of 
dcf. 



Estate. 



BAPTIST SOCIETY, MALDEN. Feb, 21, 1820. 375 

CHAP. CCLIII. 

An Act to incorporate the First Baptist Society, in 
Maiden. 

Sec. 1. JjE it enactp.A hy the Senate and House of 
Representatives y in General Court assembled, and bij 
the authority of the same, That Samuel Wait, Eben- Persons incor 
ezer Harnden, James Crane, William Oliver, Ezra^"'^'*^^'^ 
Holden, Nathaniel Pratt, Jabez Howard, Timothy 
Bailey, and Edward Newhall, together with such other 
persons as may hereafter associate with them, and their 
successors, with their families, polls, and estates, be, 
and they are hereby incorporated into a religious 
society, by the name of the First Baptist Society, in 
Maiden, with all the powers, privileges and immunities, 
to which parishes are, by law, entitled in this Common- 
wealth. 

Sec. 2. Be it further enacted. That said society 
be, and is hereby authorized and empowered, to sell Sale of Pews. 
or lease the pews in the meeting house, belonging to 
said society, and give deeds to convey the same. And 
all deeds and conveyances of, and all executions ex- 
tended on the pews in said meeting house, shall be 
recorded by the Clerk of said society, and being so 
recorded, shall be considered valid in law. 

Sec. 3. Be it further enacted, That said society 
shall have power to receive, by donation or otherwise, 
and purchase, hold, and enjoy, such real and personal Rcai estate lim 
estate, as they may deem necessary for the due support '^'^'^ 
of religious worship in said society ; provided, how- 
ever, the same shall not exceed in value the sum of 
twenty thousand dollars. 

Sec. 4. Be it further enacted. That any person of 
the baptist denomination, who shall unite in religious 
worship with said society, by giving in his or her 
name to the Clerk of the town or parish, to which he Conditions or 
or she belongs, with a certificate, signed by the Minsi- ™^™'^^'^^^'i' 
ter or Clerk of said society, that he or she has actually 
become a member of, and united in worship with said 
society, shall, from and after giving in such certificate, 
with his or her family, polls and estates, be considered 



376 GUN STOCK FACTORY. Feb. 21, 1820 

members of said society : Provided, however, that 
every such person shall be holden to pay his or her 
proportion of all assessments previously made, for pa- 
rochial purposes. 

Sec. 5. Be it further enacted, That when any mem- 
Terms of seces-ber of said Baptist Society, shall see cause to leave 
""''■ the same, and unite in religions worship with any other 

religious society, and shall give in his or her name to 
the Clerk of said Baptist Society, accompanied with a 
certificate from the Minister or Clerk of such society 
as he or she may have joined, shall be considered no 
Proviso. longer a member : Provided, however, in all cases of 
secession from said society, every such person shall be 
holden to pay his or her proportion of all assessments 
unpaid, prior to leaving the same. 

Sec. 6. Be it further enacted, That the several 

meetings, heretofore held by the proprietors of said 

Confirmation of meeting house, and the proceedings for forming said 

formerproceed-gQ(,ig^y^ for buildiug their meeting house, and the as- 

'"^' sessments therefor, be, and the same are hereby con 

firmed, and made valid in law. 

Sec. 7. Be it further enacted. That the persons 
named in the first section in this act, or either of them. 
First Meeting. Hiay causc the first meeting of said society to be called 
for any purpose specified by them, by posting up a 
notification at said meeting house, giving notice of the 
time and place of said meeting ; at which meeting, the 
society may agree on the mode of notifying future 
meetings. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLIV. 

An Act to establish Blanchard's Gun Stock Turning 

Factory. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same^ That Isaac Scott and James 



POOR PRISONERS. Feb. 21, 1820. 377 

Clark, and their associates, and all persons who shall 
become stockholders in the corporation herein created, 
be, and they hereby are incorporated and made a body 
politic, by the name of Blanchard's Gun Stock Turn- 
ing Factory, with all the powers and rights, vested by Powers and pri- 
law, in manufacturing coi'porations, and subject, in like^'^^°^*' 
manner, as they are, to all the liabilities, limitations, 
and restrictions, by law, imposed on like corporations 
in this Commonwealth. 

Sec. 2. Be it further enacted, That the said corpo- 
ration may hold and possess real estate, not exceeding 
in value fifteen thousand dollars. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLV. 

An Act in addition to an Act, entitled '• An Act for the 
relief of Poor Prisoners, who are committed by Ex- 
ecution, for Debt." 

JDE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That any person liercafter 
committed to prison on execution, and being desirous 
to avail himself, or herself, of the poor debtors' oath, 
the judgment creditor or creditors living without this 
Commonwealth, and having no agent or attorney within 
the same, may be admitted to take the same, by leav- 
ing an attested copy of such notification as is, in and 
by the act, entitled, " an act for the relief of poor 
prisoners, who are committed by execution for debt," 
passed the nineteenth day of November, in the year of 
our Lord one thousand seven hundred and eighty seven, 
provided, with the Clerk of the Court, or the Justice, 
by whom the said execution was signed, thirty days 
previous to such intended caption, any thing in the said 
act to the contrary notwithstanding. 

[Approved by the Governor, February 21st, 1820.] 
49 



378 TAX ON RETAILERS. Feb. 21, 1820. 



CHAP. CCLVI. 

An Act laying a Tax upon Retailers of Spiritous- 
Liquors, and other Persons. 

Sec. 1. DE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That every person who shall, 
from and after the fourteenth day of March next, be 
licensed to sell wine, beer, ale, cider, brandy, rum, or 
any strong liquors, by retail, and every person who 
shall be licensed as a victualer or confectioner in the 
town or district where he or she lives, shall, upon such 
license being granted, pay to the Clerk of the Court of 
Additional fees. Sessions, in addition to the fees now paid, by law, the 
sum of four dollars, for the use of the Commonwealth ; 
and all such licenses shall be granted on condition that 
the retailer, confectioner, or victualer, so pay said four 
dollars, before he or she shall recognize, as by law 
required. 

Sec. 2. Be it further enacted. That in addition to 
the bond now required by law, to be given by each 
Clerk of the Court of Sessions in the several counties, 
to the respective County Treasurers, each Clerk afore- 
said shall, before the first day of May next, give bond, 
Sureties of witli sufficicut surcty or sureties, in the penal sum of 
Clerks. ^^^ thousand dollars, to the Treasurer of the county, 

and his successor in that office, to account for, on oath, 
and pay over to him, from time to time, the sum of four 
dollars for each retailer, confectioner and victualer in 
the county, who shall be so licensed, within one month 
after he, the said Clerk, shall receive the same. And 
if any Clerk shall neglect to give such bond, he shall 
forfeit and pay a sum not exceeding five hundred dol- 
lars, to be recovered by the County Treasurer to the 
use of the county, in an action of debt in any court 
proper to try the same ; and the respective Clerks of 
Clerks' Com- the Courts of Sessions, shall be allowed a commission 
^onslbiuty'* ^^' of one per cent, for so receiving and paying over said 
sums to the County Treasurers ; and the respective 
County Treasurers shall be held to account with the 



AUCTION SALES OF GOODS. Feb. 21, 1820. 379 

Treasurer of the Commonwealth, for all sums received 
by them, in virtue of this act. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLVII. 

An Act in addition to the several Acts, regulating the 
Sale of Goods by Public Auction. 

Sec. 1. JKE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same. That in all licenses granted 
to any person to sell goods and chattels, by public 
auction or outcry, within the Town of Boston, in the 
County of Suffolk, it shall and may be lawful for the 
Selectmen of the said Town of Boston, or the major 
part of them, granting such license, to annex thereto, 
such conditions, limitations and restrictions, respecting Limitations and 
the place or places in said town, at, and within which ■^^^^"^''°"' 
the person, so licensed, shall and may be allowed and 
authorized to sell goods and chattels by public auction 
or outcry, as shall appear to them needful and expedi- 
ent for the public welfare. And any person who shall 
sell any goods or chattels whatsoever, by public auction 
or outcry, at any place within said ToM^n of Boston, 
contrary to the conditions, limitations, or restrictions, 
contained in, or annexed to such license, shall be liable 
and subject to the same penalties and forfeitures, to Householders 
be prosecuted for, and recovered in the same manner as ''^^'*^ ^° "* ^^' 
if such person had sold such goods or chattels, by 
auction or outcry, without any license whatever. 

Sec. 2. Be it further enacted^ That the owner, 
tenant, or occupant of any house, or store, having the 
actual possession and controul of the same, who shall 
allow or permit any person, licensed as aforesaid, to 
sell any goods or chattels, by public auction or outcry, 
in his said house or store, or in any apartment, or yard 
appurtenant to the same, contrary to the conditions, 
limitations, or restrictiens. annexed to the license of 



380 TAUNTON KIVER FISHERY. Feb. 21, 1820. 

such person, shall be liable and subject to the same 
penalties and forfeitures, to be prosecuted for, and re- 
covered in the same manner as if such owner, occupant, 
or tenant had knowingly allowed or permitted any un- 
licensed person to sell any goods or chattels, by public 
auction or outcry, in his said house or store, or in any 
apartment or yard appurtenant thereunto. 

Sec. 3. Be it further enacted^ That the law of this 

Commonwealth, which was passed on the fifteenth day 

of June, in the year of our Lord one thousand eight 

hundi'ed and fifteen, entitled, ^^ an act in addition to 

an act, entitled an act to regulate the sale of goods at 

public vendue, and to repeal all laws heretofore made 

Former Acts for that purpose," shall not apply or be enforced with- 

repeae j^ ^j^^ Towu of Boston ; aud the same, so far as it 

respects the said town, is hereby repealed. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLVIII. 

An Act to regulate the Fishery in Taunton Great River. 

Sec. 1. xSE it enacted hy the Senate and House of 

Hepresentat'weSj in General Court assembled^ and hy 

the authority of the sarne, That from and after the 

passing of this act, it shall not be lawful for any person 

Prohibiiion of or persons, except as is hereinafter provided, to catch 

Fishing. sliad and alewives, Avitli seines or nets, in Taunton 

Great River, from the fifteenth day of March to the 

first day of June, in each year ; provided^ that it shall 

and may be lawful for the inhabitants of the several 

towns, situated on said river, to catch shad and alewives, 

with seines or nets, in said river, Avith twelve seines or 

nets only, in the manner following, to wit : the Towns 

of Wellington, Dighton, Somerset, Freetown and Troy, 

shall each have the right of disposing at public auction, 

Saieofpiivi- for their own benefit, of the privilege of catching shad 

^^^^' and alewives with one seine or net only ; the Towns 

of Berkley and Raynham shall each have the right of 



TAUNTON RIVER FISHERY. Feb. 21, 1820. 381 

disposing at public auction, for their own benefit, of the 
privilege of catching shad and alewives, with two 
seines or nets only ; and the Town of Taunton shall 
have the right of disposing at public auction, for their 
own benefit, of the privilege of catching shad and ale- 
wives, with three seines or nets only, in the river afore- 
said, for the time aforesaid ; and the purchaser or 
purchasers of the privileges which shall be located in 
the Towns of Raynham and Taunton shall not have a 
right to sweep, with a seine or net, more than fifteen 
rods in length ; and the Towns of Berkley and Wel- 
lington, shall not have a right to sweep, with a seine 
or net, more than twenty rods in length, and but four 
days in each week, beginning at four o'clock on Mon- Time of Fish- 
day morning and ending at four o'clock on Friday'"' 
morning ; the purchaser or purchasers of the privilege 
or privileges, which shall be located in the town of 
Dighton, shall have a right to sweep, with a seine 
or net, thirty rods in length, and no more, five days 
in each week, beginning at four o'clock on Monday 
morning and ending at four o'clock on Saturday morn- 
ing ; and the purchaser or purchasers of the privilege 
or privileges, which shall be located in either of the 
Towns of Somerset, Freetown, or Troy, shall have 
a right to sweep, with a seine or net, forty rods in 
length, and no more, five days in each week, begin- 
ning at four o'clock on Monday morning and end- 
ing at four o'clock on Saturday morning : And pro- 
vided, also, that each of the said towns shall, at a legal 
meeting, betAveen the first day of September and the 
last day of December, in each year, dispose and make 
sale of, at public auction, for the next year, and so from 
year to year, their privilege or privileges, of catching 
shad and alewives, with seines or nets, in the river 
aforesaid, for the time aforesaid, to such person or per 
sons as shall offer the most for the same, and gi^ e 
sufficient security for the payment of the purchase 
money, at such time and in such manner as the respec- 
tive towns shall order. 

Sec. 2. Be it further enacted, That the several 
purchasers of the respective privileges aforesaid, shall Locr.uonoi pi 
select the place Avhere they intend to use their seine or ^''^^*^* 
net for the purpose of catching shad and alewives, and 



382 TAUNTON RIVER FISHERY. Feb. 21, 1820. 

shall file a certificate thereof, with the Clerk of the 
town withiu which they have determined to exercise 
their said privilege as aforesaid, on or before the first 
day of March, in each year : Provided, that the privi- 
lege which shall be purchased of the said Town of 
Somerset, shall be exercised within the limits of said 
town ; and the person or persons so purchasing and 
locating the privileges aforesaid, shall have the right 
to catch shad and alewives in the river aforesaid, for 
the time aforesaid, and no other person. 

Sec. 3. ^e it further enacted , That no purchaser of 
a privilege, as aforesaid, shall make use of a seine or 
net for the purpose aforesaid, at any other place in said 
rivor, than the place so selected and certified as afore- 

Sweepofnets. Said, during the time aforesaid; and no two seines 
shall be located or swept within half a mile of Robin- 
son's Bridge, so called, in Raynham ; and no seine or 
net shall be swept more than forty rods on the bank of 
said river ; and no two seines shall be allowed to be 
swept within the same limits, on the same side of said 
river ; and no person whatever, shall be permitted to 
set any seine, net, weare, or other obstruction, in or 
across said river, or any part thereof, or any waters 
connected with said river, (Broad Cove, so called, in 
Somerset, excepted,) for the purpose of taking shad or 
alewives, or obstructing their passage along the said 
river, during the time aforesaid. 

Sec. 4. Be it further enacted, That if any person 
or persons, shall draw or sweep with any seine or net, 
on any day or time, other than as before expressed, or 
at any other place, than those selected and located as 
aforesaid ; or shall on any day, or at any place, set 
any seine or net, weare, or other obstruction, in or 
across said river, or any part thereof, or any waters 
connected with the same, (Broad Cove aforesaid, ex- 
cepted,) with the intention to catch or destroy any of 

Forfeitures, tlic fisli Called sliad, or alewives, within the time lim- 
ited in the first section of this act, he or they shall 
forfeit and pay fifty dollars for each and every such 
offence, to be recovered by indictment or information, 
to the use of the county, in which the offence shall be 
committed, or by action of debt ; one half thereof, after 
deducting all necessary expenses of the prosecution, to 



TAUNTON RIVER FISHERY. Feb. 21, 1820. 383 

the use of him or them who shall prosecute or sue for 
the same, and the other half to the use of the town in 
which the offence shall be committed. 

Sec. 5. Be it further enacted^ That if any person 
or persons shall be found sweeping, with any seine or 
net, or if any seine or net shall be used by any person, 
contrary to the true intent and meaning of this act, it 
shall and may ])e lawful for any Fish Wardens or In- 
spectors, to be chosen by virtue of this act, or the law 
regulating the fishery in the Town of Middleborough. 
to seize and take such seine or net, and convert and 
retain the same to his or their own use and benefit, 
without any suit or process whatsoever ; and if pro- 
secuted therefor, to plead the general issue, and give 
this act in evidence, as though the same had been 
pleaded specially. 

Sec. 6. Be it further enacted, That the several 
towns aforesaid, shall, at their annual meetings in the 
month of March, or April, choose, by ])allot, tliree or 
more suitable persons, being freeholders in said town. Fish Wardens 
as P'ish Wardens, whose duty it shall be, jointly and ^'''^*"'" 
severally, to see tiiat this act is enforced, and to prose- 
cute for all breaches thereof; and each Fish Warden, so 
chosen, shall be sworn to the faithful discharge of his 
duty : And the said Fish Wardens when sworn, are Duty of Fish 
authorized to measure seines and nets, and to pursue ^^^"*'"*' 
and execute the duties of their office in any place within 
the towns aforesaid. And if any person, chosen a Fish 
Warden, as aforesaid, shall refuse or neglect to be 
sAvorn, as aforesaid, for tlie space of five days, after he 
shall be duly notified of his election, as aforesaid, he 
shall forfeit and pay a fine of ten dollars, to the use of 
such town, to be recovered by action of debt, by the 
Treasurer thereof, and such town shall proceed to a 
new choice, and so on, as often as circumstances shall 
require. And if any of the towns aforesaid, shall neglect 
to choose Fish Wardens, as aforesaid, or to make sale 
of their privileges aforesaid, within the time limited 
therefor, according to the meaning of this act, such Fines on ion hw 
town shall forfeit and pay a fine of one hundred dollars, 
for the use of him or them, who shall prosecute for the 
same. 

Sec. 7. Be it further enacted, That all the laws 



384 COURT OF SESSIONS. Feb. 15, 1820. 

heretofore made for the regulation of the fishery in 
, Taunton Great River, (except so far as respects the 

Repeal of laws. Towu of Micldlcborough,) be, and the same are hereby 
repealed : Provided, however, that any prosecutions 
which have been, or may be commenced, for the recov- 
ery of any forfeitures, incurred by virtue of the laws 
hereby repealed, may be prosecuted to final judgment 
and execution, in the same manner as if this act had 
not been passed: »lnd, provided, also, that all contracts 
made prior to the passing of tliis act, by any of the 
towns aforesaid, respecting the fishery aforesaid, by 
virtue, and in pursuance of the laws hereby repealed, 

Proviso. shall be valid, to all intents and purposes, tliis act to 

the contrary notwithstanding : And, jjrovided, further, 
that the inhabitants of the respective towns aforesaid, 
who have not already disposed of their privileges, as 
aforesaid, for the present year, by virtue and in pursu- 
ance of the laws hereby repealed, shall and may dis- 
pose of the same, at any time before the first day of 
March next. 

[Approved by the Grovernor, February 21st, 1820.] 



CHAP. CCLIX. 

An Act for altering the time of holding the Court of 
Sessions, within the County of Worcester. 

JDE 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 
Tune 01 holding passing of tMs act, the Court of Sessions, now by law, 
appointed to be holden at Worcester, within and for 
the County of Worcester, on the second Tuesday of 
March, annually, shall be holden at Worcester afore- 
said, on the fourth Tuesday of March, annually, any 
law to the contrary notwithstanding. 

[Approved by the Governor, February 15th, 1820.] 



INSTITUTION FOR SAVINGS, feh 21, 1820. 385 



CHAP. CCLX. 

An Act to incorporate a Provident Institution for Sa- 
vings^ in the Town of Hallowell, and the vicinity. 

Sec. 1. r>E it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That Samuel S. Wilde, persons incer- 
Rufus K. Page, Benjamin Vaughan, Benjamin Page, P"'^^**^''' 
.Junior, Thomas B. Coolidge, Ariel Mann, Gideon 
Farrell, John Agry, Samuel G. Ladd, William Oliver 
Vaughan, Thomas Agry, Robert H. Gardiner, Peter 
Grant, Frederick Allen, Hiram A. Bement, Benjamin 
Wales, John Merrick, Samuel Moody, William Eaton, 
Jacob Abbot, Junior, Nathaniel Perley, Elias Bond, 
Thomas Bond, and Ebenezer T. Warren, together 
with such others as have associated with them, be, and 
they are hereby incorporated into a society, by the 
name of the Institution for Savings, in the Town of 
Hallowell, and its vicinity ; and that they, and sucli 
others as shall be duly elected members of the said 
corporation, as is in this act provided, shall be, and 
remain a body politic and corporate, by the same name, 
forever. 

Sec. 2. Be it further enacted, That the said society 
and corporation, shall be capable of receiving from any 
person or persons disposed to obtain and enjoy the 
advantages of said institution, any deposit or deposits 
of money, and to use and improve the same, for the Receipts of 
purposes, and according to the directions herein men- "^°"^y- 
tioned and provided. 

Sec. 3. Be it further enacted, That all deposits of 
money received by the said society, shall be by the said 
society, used and improved to the best advantage, and 
the net income or profit thereof, shall be by them ap- 
plied and divided among the persons making the said Division of pro- 
deposits, their executors or administrators, in just pro- ^^^• 
portion ; and the principal of such deposits may be 
withdrawn at such reasonable times, and in such man- 
ner as the said society shall direct and appoint. 

Sec. 4. Be it further enacted, That the said society 
50 



386 INSTITUTION FOR SAVINGS. Feb. 21, 1820. 

and corporation J shall, at tlieir first meeting, and at 
their annual meetings in January, have power to elect, 

Members of the by ballot, auy person or persons as members of the 

Ihstitution. g^j^ society. 

Sec. 5. Be it further enacted, That the said society 
may have a common seal, which they may change and 
renew at pleasure ) and that all deeds and tonveyances 
and grants, covenants and agreements, made by their 

Power of Trea- Treasurer, or any other person liy their authority and 
direction, according to tlicir institution, shall be good 
and valid ; and the said corporation shall, at all times, 
have power to sue and be sued, and may defend, and 
shall be held to answer, by the name aforesaid. 

Sec. 6. Be it further enacted, That the said society 
shall hereafter meet at Hallowell, at such time in the 
month of January, annually, and at such other times, 
as the society, or the President thereof, may direct ; 
and any seven members of the said corporation, (the 
President, a Vice President, Treasurer, or Secretary 
being one,) shall be a quorum. And the society, at 
their meeting in January, annually, shall have pow er 

Election of cm- to clcct aud choose a President, and all such other 
officers, as to them shall appear necessary ; which 
officers, so chosen, shall continue in office one year, 
and until others are chosen in their stead ; and the 
Treasurer and Secretary, so chosen, shall be under 
oath, to the faithful performance of the duties of their 
offices, respectively. 

Sec. 7. Be it further enacted, That the said society 

General pow- hereby are, and forever shall be vested with the power 
of making by-laws for the more orderly managing the 
business of the corporation ; frovided, the same are 
not repugnant to the constitution or laws of this Com- 
monwealth. 

Sec. 8. Be it further enacted, That Thomas B. 
Coolidge, Benjamin Vaughan, and John Agry, or any 
two of them, be, and they hereby are authorized, by 
public notification in the Hallowell Gazette, to call the 

Fjrst meeting, first meeting of the said society, at such time and place 
as they shall judge proper. 

[Approved by the Governor, February 21st, 1820.] 



SALE OF PEWB. Feb. 21, 1820. ^81 



CHAP. CCLXI. 

An Act authorizing the Sale and Assessment of the 
Pews in the Meeting House of the First Congrega- 
tional Parish, in Lynn. 

Sfx. 1. JOE it enacted hj the Senate and House of 
Representativesi, in General Coui't assembled, and by 
the authority of the same, That the First Congregation- 
al Parish or Society, in Lynn, in the County of Essex, 
be, and they hereby are authorized and empowered to 
sell or lease their pews in the meeting house of said Saie or ica«« of 
parish, and by any Agent, by them duly chosen for^'^'^~' 
that purpose, to give deeds to couA-ey the same to the 
purchaser or purchasers thereof. 

Sec. 2. Be it further enacted, That the pew holders 
in said society be, and they hereby are authorized to 
assess on the pews in said meeting house, such taxes Assessment of 
as they, from time to time, shall find necessary; and *^''^^ ^^''^*" 
shall, at a meeting to be called for that purpose, vote 
to assess for the maintenance of public worship and 
other parochial charges, according to the relative value 
of said pews ; and all assessments so made, shall be 
considered as a lien on the pews in said meeting house, i ien on Meej: 
respectively ; and the said pews shall be held liable '"^ "°"^ 
to be taken and sold for the payment of all such assess- 
ments, and for the expenses incurred by such sale, in 
such manner, and on such conditions as may be estab- 
lished by said society, and which shall be summarily- 
expressed and containetl in the deeds of sale of the 
said pews ; and a bill or memorandum of each pro- 
prietor's assessment, and of tlie time or times, of pay- 
ment, signed by the Treasurer of said society, for the 
time being, shall be left in such proprietory's pew, thirty 
days, at least, before such time of payment ; of which 
fact, the oath of the Treasurer, or of the person by him 
employed for that purpose, shall be sufficient evidence. 

Sec. 3. Be it further enacted, That if any pew 
in said house, shall not sell for a sum sufficient to 
pay the assessment thereon, with the expenses of the 
sale, the said parish shall have like remedy against 



388 TAKING OF FISH. Feb. 21, 1820. 

Remedies for tlic owiiei' 01* occupaut of sucli pew, for the recovery of 
deficiencies. ^|^^ balance, as parishes now have, by law, for the col- 
lection of taxes on polls and estates. 

Sec. 4. Be it further enacted^ That all deeds and 
conveyances of, and all executions extended on the 
pews in said meeting house, with, the returns thereon, 
shall be recorded by the Clerk of said parish, in a book 
to be provided for that purpose, and shall thereupon 
be considered valid in law. 

Sec. 5. Be it further enacted, That nothing in this 
act shall be construed, or deemed to take away, or 
impair the legal rights of said parish ; but the same 
shall, in all other respects, be, and remain the same as 
though this act had not been passed. 

[Approved by the Grovernor, February 21st, 1820.] 



CHAP. CCLXn. 

An Act regulating the taking of Fish, called Ale wives, 
in the Town of Middleborough. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That from and after the 
passing of this act, it shall and may be lawful for the 
inhabitants of the Town of Middleborough, in the 
County of Plymouth, to take the fish, called alewives, 
at the Old Stone Wear, so called, in said town, on 
Wednesday, Thursday, Friday and Saturday, of each 
week, during the time said fish are allowed to pass 
the aforesaid place, and at no other time, at the place 
aforesaid ; any law to the contrary notwithstanding. 

[Approved by the Grovernor, February 21st, 1820.] 



MUSEUM HALL, IN BOSTON. Feb. 21, 1820. 389 



CHAP. CCLXIII. 

An Act to incorporate the Proprietors of Museum Hall, 
in the Town of Boston. 

Sec. 1. JjE it enacted hif the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Benjamin Rich, John persons incor- 
Heard, Junior, Shadrach Shattuck and Alpheus Carey, p"'^"'*'^ 
and others, their associates, successors and assigns, be, 
and they hereby are constituted a body politic and 
corporate, by the name of the Proprietors of Museum 
Hall ; and the said corporation, by the same name, are 
hereby declared and made capable, in law, to sue and 
be sued, plead and be impleaded, to have a common 
seal, and the same to alter and renew at pleasure, to 
make rules and by-laws, for the regulation and manage- 
ment of the estate hereinafter described, consistent 
with the laws of the Commonwealth ; and generally 
to do and execute whatever, by law, doth or may ap- 
pertain to bodies politic and corporate, within the; 
meaning and intent of this act. 

Sec. 2. Be it further enacted. That the said corpo- 
ration be, and the same hereby is declared and made 
capable to have, hold, and possess, by fee simple or 
lease hold, all that certain real estate, situate in said 
Boston, bounded and described as follows, viz. : east- Boundaries of 
wardly on land of the heirs of Samuel Torrey, deceased, ^'°^' ^^^^''' 
two hundred and six feet ; southwardly on Cooper's 
Alley, one hundred and eighty feet ; westwardly on 
land of Brattle Street Church, and land of the heirs 
of David Bradlee, deceased, two hundred and sixty 
feet ; northwardly on Elm Street, one hundi-ed and 
eighty feet, together with all the rights and privi- 
leges and appurtenances thereof ; provided, the lawful 
proprietors thereof shall legally convey the same to the 
said corporation. And the said corporation shall have 
power to sell, grant, and alien, in fee simple, or other- General corpo- 
wise convey their corporate property, or any part there- ^^^^ p""^'^* 
of, within said described limits ; and to lease, manage, 
and improve, build, rebuild, pull do^Mi or alter the 



390 MUSEUM HALL, IN BOSTON. Feb. 21, 1820. 



Division of 
Shares. 



same, according to the will and pleasure of said corpo- 
ration, expressed by any legal meeting, by said asso- 
ciates, or their assigns, or the major part of them : 
Provided^ alivciTjS, that if the said real estate, or any 
part thereof shall, at any time hereafter, be used for a 
public market place, for the sale of provisions, the same 
shall be subject to all the by-laws, orders, rules and 
regulations, not repugnant to the constitution and laws 
of this Commonwealth, which the Selectmen of the 
Town of Boston shall, from time to time, make and es- 
tablish, for the regulation of the public market at Fan- 
ueil Hall, within the said Town of Boston. 

Sec. 3. Be it further enacted, That the corporate 
property shall be divided into shares, not exceeding 
six hundred in number, as the said corporation may 
find to be most expedient ; and the said sliares shall 
be divided among the several proprietors according to 
the interest and portions which they may respectively 
have in said corporate property ; and certificates of 
such shares shall be signed by the President of the 
corporation, and shall be transferable by assignment 
on the back thereof ; and the property in the same shall 
vest in the assignee or vendee thereof, when a record 
of such assignment shall be made by the Clerk of the 
corporation ; whereupon new certificates shall issue 
accordingly ; and the shares in said corporation shall, 
in all respects, and at all times, be held as personal 
estate. 

Sec. 4. Be it further enacted, That the said corpo- 

Assessmervt?. ratlou sliall have power, from time to time, to assess 
such sums of money as, at a legal meeting held and 
notified for that purpose, may be deemed necessary 
for building, rebuilding and repairing or altering any 
baildin2:s whatever, on the land within the said describ- 
ed limits, or for the improvement or management of the 
corporate estate, agreeably to the true intent of this act ; 

Proviso. -provided, that all assessments together, shall never 
exceed two hundred dollars on each share. And in 
case any proprietor shall neglect or refuse to pay any 
assessment so laid, the said corporation may cause such 
of the shares of such proprietors, as may be sufficient 

Sale of Deiin- thercfor, to be sold at public auction, after ten days 

quart Shares, j^q^j^.^^ j^ ^ publlc ncwspapcr printed in Boston, to the 



MUSEUM HALL, IN BOSTON. Feb. 21, 1820. 391 

highest bidder ; and after deducting the amount assess- 
ed and unpaid, together with the cliarges of sale and 
advertisement, the surplus, if any, shall be paid over 
to such proprietors ; and the purchaser of such share or 
shares, shall be entitled to receive a certificate of the 
share or shares by him purchased, accordingly. 

Sec. 5. Be it further enacted, That the real or 
mixed estate of said corporation, shall be liable for the Liabilities. 
debts of the corporation, and to attachment and execu- 
tion on any judgment against said corporation : And 
said corporation shall possess the right of equity of 
redeeming the same, appertaining, by the laws of the 
Commonwealth, to other real estate. 

Sec. 6. JBe it further enacted, That in all meetings 
of the members of said corporation, for the transaction 
of business, each member or proprietor shall be entitled 
to one vote for every share by him held in said corpo- Regulation or 
ration : Provided, always, that no one member shall " ''^'^ ' 
ever be entitled to more votes than shall be equal to 
one third in value of the corporate property. Proprie- 
tors may appear and act at any meeting by proxy, in 
writing. 

Sec. 7. Be it further enacted, That said Benjamin 
Rich, John Heard, Junior, Shadrach Shattuck, and 
Alpheus Carey, or either of them, may call a meeting Meetings. 
of said corporation, by advertisement in a public news^ 
paper, printed in Boston, ten days, at least, before the 
time of meeting ; and the said corporation may, at such, 
or any other meeting, agree on the mode of calling fu- 
ture meetings ; and shall elect a President and Clerk, 
and all such other officers as they may deem necessary 
for conducting their corporate affairs and estate ; the 
Clerk, to be sworn before entering on the duties of his 
office. 

[Approved by the Grovernoi-, February 21st, 1820.] 



892 COURTS.— LOTTERIES. Feb. 21, 1820. 



CHAP. CCLXIV. 

An Act ill addition to ^' An Act to establish Courts of 

Sessions.'^ 

JjE it enacted by tJie Senate and House of 
MepresentativeSy in General Court assembled^ and by 
the authority of the same, That the Courts of Sessions 
in the several counties of this Commonwealth, shall 
have all the powers and privileges, and do and perform 
all the duties that the Circuit Courts of Common Pleas 
had and performed, in and by an act, entitled " an act 
to transfer the powers and duties of the Courts of Ses- 
sions to the Circuit Court of Common Pleas, and for 
other purposes," passed the twenty eighth day of Feb- 
ruary, in the year of our Lord one thousand eight 
hundred and fourteen. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLXV. 

An Act in addition to an Act, entitled ^^ An Act regu- 
lating the management and drawing of Lotteries, in 
certain cases, in this Commonwealth." 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That after Union Canal Lot- 
tery shall have completed the drawing of the scheme 
last published, the Managers of the several lotteries, 
mentioned in the act, entitled " an act regulating the 
management and drawing of lotteries, in certain cases, 
in this Commonwealth," shall continue to draw all 
future classes of said lotteries, in the rotation mentioned 
in said act; and that live months be allowed to each set 
of Managers of said lotteries, in which time they may 
draw one or more classes, as they may think proper. 

[Approved by the Governor, February 21st; 1820.] 



INSURANCE.— FISH. Fed, 21, i820. 393 



CHAP. CCLXVI. 

An Act authorizing the several Insurance Companies 
in this Commonwealth^ to Insure against Fire. 

XfE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the several Insurance 
Companies, incorporated within this Commonwealth, 
be, and they hereby are authorized, in addition to the 
powers granted by their respective charters, to make 
insurance against fire, on such terms and conditions insurance. 
as may be agreed upon by the parties, on any dwelling 
houses, or other buildings, and on merchandize, or 
other property, within the United States : Provided, 
always, that no sum shall be insured, on any one risk 
against fire, exceeding ten per centum of the capital 
stock, actually paid in^ of said Insurance Companies, Provi??. 
respectively. 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLXVII. 

An Act to repeal an Act, entitled '^ An Act to prevent 
the destruction of Fish, in Pittsfield." 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That an act, passed on the 
thirteenth day of December, in the year of our Lord 
one thousand eight hundred and sixteen, entitled " an 
act to prevent the destruction of fisli, in the Town of 
Pittsfield," be, and the same is hereby repealed. Law repealed. 

[Approved by the Governor, February 21st, 1820.] 
51 



394 NAMES CHANGED. Feb. 2i, 1820. 



CHAP. CCLXVIII 

An Act to alter and change the Names of certain 
Persons, therein mentioned. 

JdE it enacted by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same, That Charles Blake, of Bos- 
ton, in the County of Suffolk, librarian, son of James 
Blake, shall be allowed to take the name of Charles 
Loyd Blake ; Betsey Gr. Bray, of said Boston, single- 
woman, daughter of John Bray, shall be allowed to 
take the name of Elizabeth Goodwin Bray ; Charles 
BuUard, of said Boston, son of Eli Bullard, of Fra- 
mingham, shall be allowed to take the name of Charles 
Buckminster Bullard ; James Russell Button, son of 
Warren Button, of said Boston, Esquire, shall be al- 
lowed take the name of James Button Russell ; William 
French, son of Thomas French, of said Boston, shall 
be allowed to take the name of William Page French ; 
John Howe, of said Boston, victualler, shall be allowed 
to take the name of John Jay Howe ; Henry Jones, son 
of Ephraim Jones, of said Boston, shall be allowed to 
take the name of Henry Hartwell Jones ; John Vinton, 
of said Boston, shall be allowed to take the name of 
John C alder Vinton ; Miriam Hay den, of said Boston, 
shall be allowed to take the name of Miriam Sumner 
Hayden ; Asa Penniman, of Dedham, in the County 
of Norfolk, shall be allowed to take the name of Henry 
Asa Penniman ; Ezra Prior, of Quincy, in said County 
of Norfolk, mariner, son of Ezra Prior, late of Duxbu- 
ry, in the County of Plymouth, deceased, shall be allow- 
ed to take the name of Ezra William Prior ; Edward 
Fisher Keith, of Wrentham, in said County of Norfolk, 
shall be allowed to take the name of Edward Comstock 
Fisher ; Freeman Josselyn, of Pembroke, in the Coun- 
ty of Plymouth, shall be allowed to take the name of 
Freeman Marshall Josselyn ; Aurora Oldham, of said 
Pembroke, shall be allowed to take the name of Aurora 
Williams Oldliam ; Nehemiah Stockbridge Tubbs, of 
said Pembroke, shall be allowed to take the name of 



NAMES CHANGED. Feb. 21, 1820. 395 

Nehemiah Bisbee Stockbridge ; Zadoc Leonard, of 
New Bedford, in the County of Bristol, cabinet maker, 
shall be allowed to take the name of William Henry 
Leonard ; Eber Baker, of Westport, in said County 
of Bristol, shall be allowed to take the name of Eber 
Davis Baker; Perry Maccomber, Junior, of Dartmouth, 
in said county, shall be allowed to take the name of 
Perry Russell Maccomber ; Joseph Long, of Cam- 
bridge, in the County of Middlesex, shall be allowed 
to take the name of Joseph Augustus Edwin Long ; 
Joseph Allen, son of Shobal C. Allen, Esquire, late 
of Townsend, in said County of Middlesex, deceased, 
shall be allowed to take the name of Joseph Shobal 
Allen; and William Allen, son of said Shobal C. Allen, 
shall be allowed to take the name of William Child 
Allen ; Warwick Palfray, the third, of Salem, in the 
County of Essex, shall be allowed to take the name of 
William W. Palfray ; Nancy Mackey, of Andover, in 
said County of Essex, singlewoman, shall be allowed 
to take the name of Nancy Lois Gardner Mackey ; 
Jonatlian Hoar, of New Salem, in the County of Frank- 
lin, shall be allowed to take the name of Jonathan 
Hanson ; and Joseph S. Hopy, and Azuby, children 
of tlie said Jonathan, shall be allowed to take the sur- 
name of Hanson, instead of Hoar ; Anthony Logo, of 
Ashfield, in said County of Franklin, trader, shall be 
allowed to take the name of John Clark ; Nathan 
Keep, of Longmeadow, in the County of Hampden, 
shall be allowed to take the name of Nathan Cooley 
Keep ; Winthrop Farrin, of Bath, in the County of 
Lincoln, shipwright, shall be allowed to take the name 
of Winthrop G. Farrin ; Jonathan Freeman Dana, of 
Cambridge aforesaid, physician, shall be allowed to take 
the name of James Freeman Dana ; Henry Andrews, 
of said Boston, shall be allowed to take the name of 
Henry Perkins Andrews ; Job Pierce Porter, of Mid- 
dleborough, in said County of Plymouth, shall be 
allowed to take the name of Job Pierce ; antl Babbit 
Blanchard, of Harvard, in the County of Worcester, 
shall be allowed to take the name of Grove B. Blan- 
chard ; and the said persons, from the time of the 
passing of this act, shall be called and known by the 
names, whichj by this act,, they are ««?;verally allowed 



396 REAL ACTIONS. Feb. 22, 1820. 

to take as aforesaidj and the same shall be considered 
as their only proper and legal names, to all intents and 
purposes. 

[Approved by the Governor, Febmary 21st, 1820.] 



CHAP. CCLXIX. 

An Act in further addition to an Act, entitled " An 
Act for the limitation of certain Real Actions, and 
for the Equitable Settlement of Certain Claims, ari- 
sing in Real Actions." 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That where any action has 
been, or may hereafter be commenced against any per- 
son for the recovery of any lands or tenements, which 
such person, at the time of the commencement of such 
action, may hold by virtue of a possession and improve- 
ment, and which the tenant, or person under whom 
he claims, has had in actual possession for the term of 
six years or more, next before the commencement of 
such action, the tenant in such action shall have and 
possess all the right, benefit and privilege, to which 
any tenant or defendant is entitled, by virtue of '' an 
act for the limitation of certain real actions, and for the 
equitable settlement of certain claims arising in real 
actions ;'' any thing therein, to the contrary notwith- 
standing. 

[Approved by the Governor, February 22d, 1820.] 



PLEASANT HILL BRIDGE. Feb. 22, 1820. 397 



CHAP. CCLXX. 

An Act to incorporate the Proprietors of Pleasant Hill 

Bridge. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Charles Barrell, Henry Persons incor- 
F. Barrell, George Barrell and Samuel Brown Barrell, '^^''^''^• 
together with those who shall hereafter associate with 
them, with their successors and assigns, be, and hereby 
are constituted a corporation and body politic, by the 
name of the Proprietors of the Pleasant Hill Bridge, 
for the purpose of erecting a bridge over Miller's Kiver, 
from the termination of Bridge Street, at Lechmere's 
Point, in Cambridge, in the County of Middlesex, to the 
land lying on the opposite side of said river ; 'provided, Proviso. 
said bridge be eighteen feet in width, be provided with 
a convenient draw for the passing of vessels, and that 
the same, within the term of three years from the pass- 
ing of this act, shall be built, kept open, and made 
convenient, safe, and free, for the accommodation of 
all travellers. 

Sec. 2. Be it further enacted, That any person or 
persons, who, after the first day of April next, shall 
be the owners of the land on the northerly side of said 
river, shall also have the privilege and right of build- conditions of 
ing such bridge, if said corporation shall, upon request, "' '"° " ^^ 
neglect or refuse to erect the same, within six months 
from the time of such request. 

r Approved by the Governor. February 22d, 1820.} 



398 



COLUMBIAN INS. COMP. 



Feb. 22, 1820. 



CHAP. CCLXXl. 



porated. 



General pow 

ers. 



An Act to incorporate the Columbian Insurance 
/ Company. 

Sec. 1. JjE it enacted by the Senate and House of 
JRepresentatives, in General Court assembled, and by 
the authority of the same, That Nathaniel P. Russell, 
Persons Lncoi Benjamin p. Homer, and Caleb Loring, with their as- 
sociates, successors and assigns, be, and they hereby 
are incorporated into a company and body politic, by 
the name of the Columbian Insurance Company, with 
- all the powers and privileges granted to insurance 
companies, and subject to all the restrictions, duties 
and obligations, contained in a law of this Common- 
wealth, entitled ^^ an act to define the powers, duties, 
and restrictions of insurance companies," passed on the 
sixteenth day of February, in the year of our Lord one 
thousand eight hundred and eighteen, for and during 
the term of twenty years after the passing of this act ; 
antl by that name, may sue and be sued, plead and be 
impleaded, appear, prosecute, and defend to final judg- 
ment and execution ; and may have a common seal, 
wliich they may alter at pleasure, and may purchase, 
hold and convey any estate, real or personal, for the 
use of said company ; provided, the said real estate 
shall not exceed the value of twenty thousand dollars, 
excepting such as may be taken for debt, or held a? 
collateral security for monies due to said company. 

Sec. 2. Be it further enacted, That the capital stock 
of said company, shall be not less than one hundred 
thousand dollars, nor more than three liundred thous- 
and, and shall be divided into shares of one hundred 
dollars each ; fifty per centum of which shall be paid 
in money, within sixty days after the first meeting of 
said company, and the residue, in such instalments, 
and under such penalties, as the President and Direct- 
ors shall, in their discretion, direct and appoint. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty, affairs, and concerns of the said company, shall 
Directors. be managed and conducted by nine Directors, one of 



Capital Stock. 



COLUMBIAN INS. COMP. Feb. 22, 1820. 399 



whom shall be President thereof, who shall hold their 
oifices for one year, and until others are chosen, and 
no longer ; and who shall, at the time of their election, 
be stockholders, and citizens of this Commonwealth ; 
and shall be elected on the second Monday of January, 
in each and every year, at such time of the day, and 
in such place, in the Town of Boston, as a majority of 
the Directors, for the time being, shall appoint; of 
which election, public notice shall be given in two of 
the newspapers printed in the Town of Boston, and 
continued for the space of ten days, immediately pre- 
ceding such election ; and the election shall be made 
by ballot, ])y a majority of the votes of the stockholders 
present, allowing one vote for each share in the capital Limitntion of 
stock ; provided, that no stockholder shall be allowed ^ °*^' 
more than ten votes ; and absent stockholders may vote 
by proxy, under such regulations as the said company 
shall prescribe. And if, through any unavoidable acci- 
dent, the said Directors should not be chosen on the 
second Monday of January, as aforesaid, it shall be 
lawful to choose them on any other day, in the manner 
herein prescribed. 

8ec. 4. Be it further enacted, That tlie Directors, 
when chosen, shall meet as soon as may be after every 
election, and shall choose, out of their body, one person 
to be President, who shall be sworn faithfully to dis- choice of Pi? 
charge the duties of his office, and who shall preside "''^"*" 
for one year ; and in case of the death, resignation, or 
inal)ility to serve, of the President, or any Director, 
such vacancy or vacancies shall be filled for the re- vacancies to be 
mainder of the year, in which they happen, by a special ''""'^ "'' 
election for tliat purpose, to be held in the same manner 
as herein before directed, respecting annual elections 
of Directors. 

Sec. 5. Be it further enacted, Tliat the President 
and four of the Directors, or five Directors, in the ab- 
sence of the President, shall be a board, competent for 
the transaction of business ; and all questions before 
them, shall be decided by a majority of votes ; and they 
shall have power to make and prescribe such by-laws, PowproiDi 
rules and regulations, as to them shall appear needful ■^^ctoi-. 
and proper, touching the management and disposition 
of the stock, property, estate and effects of said com- 



400 



TOWN OF HANSON. 



Feb. 22, 1820. 



Proviso. 



pany, and the transfer of the shares, and touching the 
duties and conduct of the several officers, clerks, and 
servants employed, and the election of Directors, and 
all such matters as appertain to the business of insur- 
ance ; and also shall have power to appoint a Secretary 
and so many clerks and servants, for carrying on the 
said business, and with such salaries and allowances 
to them, and to the President, as to the said board shall 
seem meet : Provided^ such by-laws and regulations, 
shall not be repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 6. Beit further enacted^ That any two or more 
persons, named in this act of incorporation, are hereby 
First Meeting, authorized to call a meeting of the said company, as 
soon as may be, in Boston, by advertising the same for 
two successive weeks, in two of the newspapers printed 
in Boston, for the purpose of electing a first Board of 
Directors, who shall continue in office until the second 
Monday of January, in the year of our Lord, then next 
ensuing. 

Sec. 7. Be it further enacted^ That the said company 
is hereby authorized to make insurance against fire, on 
such terms and conditions as the parties may agree, on 
any dwelling house or other buildings, as well as on 
any other property within the United States of Ameri- 
ca : Provided^ that no greater sum shall be insured on 
any one risk of fire, than ten per centum of the amount 
of the capital stock of said corporation actually paid in. 

[Approved by the GrovQrnor, February 22 d, 1820.] 



Insurance 
against Fire. 



CHAP. CCLXXII. 

An Act to establish the Town of Hanson. 



Sec. 1. JjE it enacted by the Senate and House df 
Representatives, in General Court assembled, and by 
the authority of the same, That all the west part of the 
Town of Pembroke, in the County of Plymouth, on the 
westerly side of the following line, be incorporated into 



TOWN OF HANSON. Feb. 22, 1820. 401 

a separate town, by the name of Hanson ; beginning at Boundaries 
the moutli of Rocky Run Brook, so called ; thence up 
stream, with said brook, until it comes to the road near 
Nathan Dv\elly's ; thence on a line, to strike the 
northwest corner of the land of Samuel Perry, in the 
line of the land of Seth Perry ; thence with the lands 
of said Samuel and Seth Perry, to Oldham's Pond, so 
called ; thence to the northeast corner of the land of 
Micah Foster, on the southerly side of said pond ; 
thence by the line of the said Foster's land, to Indian 
Head Pond, so called ; thence southerly, .on the margin 
of said pond, to the land of Levi Everson ; thence 
easterly by said Everson's land, to the road near the 
Baptist Meeting House ; thence on the northerly side 
of the road, to the house of John Oldham ; and thence 
crossing the road to the southerly side, and by said 
road, to a corner between the houses of Levi Thomas 
and Levi Everson, and is a corner at wliich the Ply- 
mouth road commences ; thence southerly to the south- 
east corner of Levi Everson's store lot, so called ; 
thence southerly, on a course to strike the southerly 
corner of the east and west parishes on the Halifax 
line, with all the inha])itants living thereon, be, and 
hereby are incoi-porated into a separate town, by the 
same of Hanson, with all tlie powers and privileges. Powers and pn- 
and subject to all the duties, that towns within this^''^^^"' 
Commonwealth, do or may enjoy, or be subject to. 

Sec. 2. Be it fuHher enacted, That the inhabitants 
of the said Town of Hanson, shall pay all the arrears 
of taxes, which have been assessed upon them by the 
Town of Pembroke, together with their proportion of 
all debts due from said Town of Pembroke, and shall 
be entitled to receive their proportion of all taxes, debts 
and monies, now due to said Town of Pembroke, of 
what kind or description soever ; and the apportion- 
ment of all debts, dues, taxes and other public property, Taxes propor- 
between the said Towns of Pembroke and Hanson, ^"^"^^'^ 
shall be made according to tlie proportion the east and 
west parish in Pembroke stood in the last valuation. 

Sec. 3. Be it further enacted, That the poor, now 
supported by the Town of Pembroke, and all such 
who may hereafter be returned for support, in virtue of Support of the 
having acquired a settlement in said town, shall be^'^^'^ 
52 



402 MINISTERIAL SCHOOL FUND. Feb, 24, 1820 

supported in the Town of Pembroke or Hanson, as 
they shall have acquired their settlement within the 
territorial limits of either town, as described by this act. 
Sec. 4. Be it further enacted, That the alewive fish- 
ery in the Town of Pembroke, having been resigned by 
the Town of Hanson, to the Town of Pembroke, shall 
be under the sole control of said Town of Pembroke; 
but the inhabitants of the Town of Hanson shall be en- 
Fisheiies. titled to the privilege of purchasing fish, in the same 
manner and order as now practised; said Town of Han- 
son resigning all their right to the proceeds of the fish, 
and are hereby exonerated from all charge and expense 
in regulating and taking the same. 

Sec. 5. Be it further enacted. That Thomas Hobart, 
Esquire, be, and he is hereby empowered to issue his 
warrant, directed to some principal inhabitant of the 
Town of Hanson, requiring him to notify and warn the 
inhabitants of the said Town of Hanson, to assemble 
and meet at some convenient time and place, in said 
Choice of ofli- town, to clioosc all such officers, as towns are required 
^'^^'^' to choose, in the months of March and April, annually, 

and to do and transact any other business relative to 
the aflfairs of said town, as may be necessary. 

[Approved by the Governor, February 22d, 1820.] 



CHAP. CCLXXIII. 

An Act to incorporate the Trustees of the Ministerial 
and School Fund, in the Town of Sweden. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Benjamin Webber, 
Andrew Woodbury, Jacob Stevens, Calvin Powers, 
Persons incor- aud Dauicl Holdeu, be, and they are hereby constitut- 
ed and appointed a Board of Trustees, w ith perpetual 
succession, by the name of the Trustees of the Minis- 
terial and School Fund, in the Town of Sweden ; and 
the said Trustees, and their successors, in their said 



porated. 



MINISTERIAL SCHOOL FUND. Feb. 24, 1820. 403 

capacity shall be, and they are hereby authorized to General row. 
receive and manage all the money and estate which has ^"' 
been, or may be gi-anted and appropriated, as a minis- 
terial fund, in the said Town of Sweden ; and also to 
manage, lease, sell and dispose of, under the direction 
of said town, all the school lands which may be divid- 
ed and set off to the said Town of Sweden, from the 
Town of Lovel, according to the act of incorporation 
of said Town of Sweden ; and to put out at interest and 
appropriate the monies arising therefrom, in manner 
hereinafter mentioned and prescribed. 

Sec. 2. Be it further enacted, That the said Trus- 
tees, and their successors, shall, annually, elect a Pre- Annual election 
sident, and also a Clerk, whose duty shall be to record °^^*^^''*" 
the doings of said Trustees, at any of their meetings, 
in a book to be kept for that purpose, and who shall 
be sworn to the faithful discharge of his trust ; and a 
record thereof shall be made in the books of said cor- 
poration. And the said Trustees shall also, annually, 
elect a Treasurer, to receive and apply the funds in 
manner herein directed. 

Sec. 3. Be it further enacted, That the number of 
the said Trustees shall never be more than seven, nor 
less than five, a majority of whom may be a quorum 
for doing business ; and when the number of Trustees 
shall be seven, one of them shall annually retire, be- Rotation of offi- 
ginning and proceeding according to seniority of years ; 
and such vacancy shall be supplied by election from 
among the freeholders, at the annual town meeting for 
the choice of town officers ; and in like manner any va- 
cancy may be supplied, which may happen by death, re- 
signation, removal out of town, infirmity, misconduct, or 
any other cause, which, in the judgment of the legal vo- 
ters of said town, shall be sufficient for such removal, and 
to fill the vacancy so occasioned ; and the said Trustees 
may remove any officer or agent, by them employed, 
whenever they may see sufficient cause ; and the said 
Trustees shall hold a meeting in March or April, an- 
nually, and at such other times as they shall judge 
necessary, for the election of officers, and to transact 
other business ; which meetings, after the first, shall be 
notified in such way and manner as the Trustees shall 
direct. 



cers. 



404 MINISTERIAL SCHOOL FUND. Fek 24, 1820. 

Sec. 4. Be it farther enacted^ That the money which 
may be received by the Trustees aforesaid, by virtue 
of this act, or otherAvisc, for the purposes aforesaid, 

Ministriioi and shall be a fund for the support of the ministry and 

School iiuui. gci^QQig^ iji (lie said Town of Sweden; and all such 
money shall, as soon as may be, be loaned on interest, 
and secured by mortgage of real estate, or by two or 
more sufficient sureties, with the principal, unless the 
Trustees shall judge it best to invest the same in pub- 
lic funded securities or bank stock, which they may 
do. And the interest arising, from time to time, from 
the said funds, shall be applied towards the support of 
public worship and of schools, in the said Town of 
Sweden ; and it shall never be in the power of the said 
Trustees, or the town, to alienate or alter the appro- 
priation aforesaid. 

Sec. 5. Se it further enacted^ That the Trustees 
aforesaid, by their said corporate name, may sue and be 
sued, in any action, real, personal or mixed, and may 
prosecute and defend the same to final judgment and 
execution ; and they may have a common seal, subject 

Powers of Ti us- to alteration; have powei* to make by-laws, and gener- 
ally, all other powers, incident and usually given to 
like corporations : and the Treasurer shall give bond, 
with two sufficient sureties, to the said Trustees, for 
the faithful discharge of his trust. And the said Trus- 
tees and their officers, for the services they may per- 
form, shall receive no compensation out of the said 
funds, or the income thereof, but a reasonable compen- 
sation may be made to them by the said town, as they 
may see cause. 

Sec. 6. Be it further enacted. That the said Trus- 
tees shall keep distinct accounts of the money and estate 
belonging to the school fund, from those belonging to 
the ministerial fund, and of the interest arising there- 
from, respectively ; which accounts, they and their 

Accounts to be succcssors sliall exhibit to the town, at their annual 
meeting, for the choice of town officers ; and the said 
Trustees, and each of them, severally, sliall be respon- 
sible to the town for their personal neglect, or miscon- 
duct in office, and liable to prosecution for any loss or 
damage to the said funds, arising thereby ; and the 
damage recovered in such prosecution, shall be con- 



BOSTON SOCIETY. Feb. 21, 1820. 405 

sidered as belonging to the said funds, and applied 
accordingly. 

Sec. 7. Be it further enacted^ That any Justice of 
the Peace, for the County of Oxford, is hereby empow- 
ered, upon application therefor, to fix the time and 
place of holding the first meeting of the Board of Trus- First Meeting. 
tees aforesaid, and to notify each Trustee thereof. 

[Approved by tlie Governor, February 24th, 1820.] 



CHAP. CCLXXIV. 



An Act to incorporate the Boston Society for the Re- 
ligious and Moral Instruction of the Poor. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That Josiah Salisbury, Se- Persons iucor- 
reno E. Dwight, William Jenks, WiUiam Thurston, p°'^'^ 
Thomas Vose, Samuel T. Armstrong, Pliny Cutler, 
John Hopkins, Charles Cleaveland, Henry Homes, 
John C. Proctor, and Samuel Train, with their asso- 
ciates, and such other persons as may hereafter, from 
time to time, become members of said society, according 
to its rules and by-laws, to be hereafter established, 
be, and they hereby are€hicorporated into a society, 
for the purpose of the religious and moral instruction 
of the poor, by the name of the Boston Society for the 
Religious and Moral Instruction of the Poor, with the 
usual powers of corporations of the like nature ; and by 
that name, shall be forever a body politic and corporate, 
with power to establisli by-laws and orders, for the Genera! pow^ 
regulation of the society, the orderly conducting and*^^- 
executing the business thereof ; provided, the same be 
not repugnant to the constitution or laws of this Com- 
monwealth ; to take, hold, and possess any estate, real 
or personal, by subscription, gift, grant, purchase, de- 
vise or otherwise, for the sole benefit of the said insti- 
tution : Provided, the value of the whole estate of said 
society, real and personal, shall never exceed twenty 
thousand dollars. 



406 WOOLLEN MANUFAC. COMP. Feb. 24, 1820. 

Sec. 2. Be it further enacted, That a President, a 
Treasurer, and such other officers of said society, as 
Election of offi- the by-laws thereof may direct, shall be elected, from 
*^^"" time to time, by ballot, at such times, as the said 

by-laws shall appoint for that purpose ; and the mode 
of supplying vacancies, in any of said offices, shall also 
be prescribed by the said by-laws. 

Sec. 3. Be vt further enacted. That all deeds, con- 
veyances, contracts and other instruments duly execu- 
ted, and signed by the President, and attested by the 
Treasurer of said society, pursuant to any vote of said 
^ corporation, shall be valid and binding, and sufficient 

to convey lands or other property. 

Sec. 4. Be it further enacted, That Josiah Salis- 
bury, Sereno E. D wight, and William Jenks, be, and 
they hereby are authorized, by public notice in two of 
the newspapers published in Boston, to call the first 
First Meeting, meeting of the members of said society, at such time 
and place, as they shall judge proper ; and at the said 
first meeting, the times of holding stated meetings of 
the said society, and of electing officers, and the mode 
of calling special meetings, and of notifying stated and 
special meetings, shall be determined, by a vote of the 
majority of the members present. 

Sec. 5. Be it further enacted, That the present offi- 
cers of said association, shall continue to execute their 
several duties, until an election shall have taken place, 
pursuant to the by-laws, to be established according to 
this act. ^ 

[Approved by the Governor, February 21st, 1820.] 



CHAP. CCLXXV. 

An Act to incorporate the Wolcott Woollen 
Manufacturing Company. 

Sec. 1. OE it enacted by the Senate and House of 

Representatives, in General Court assembled, and by 

Persons incor- the authority of the same. That James Wolcott, Junior, 

P"'^"'"^' Samuel A. Groves, and Perez B. Wolcott, of South- 



ROXBURY UNIVERSAL SOC. Feb. 24, 1820. 407 

bridge, in the County of Worcester, together with such 
others as may hereafter associate with them, their 
successors and assigns, be, and they are hereby made 
a corporation, by the name of the Wolcott Woollen 
Manufacturing Company, for the purpose of manufac- 
turing wool, in the Town of Southbridge, in the County 
of Worcester ; and for the purpose aforesaid, shall have 
all the powers and privileges, and shall be subject to all Powers and 
the duties and requirements, prescribed and contained inP^^'^^e^ 
an act, entitled " an act defining the general powers of 
manufacturing corporations,'' passed the third day of 
March, in the year of our Lord one thousand eight hun- 
dred and nine. 

Sec. 2. Be it further enacted, That the said corpo- 
ration, in theircorporate capacity, shall and may hold 
and possess real estate, not exceeding fifty thousand 
dollars, and personal estate, not exceeding fifty thou- Limitation of 
sand dollars, as may be necessary and convenient for ^^ 
carrying on the manufacture of wool, in said Town of 
Southbridge. 

[Approved by the Grovernor, February 24th, 1820.] 



CHAP. CCLXXVI. 

An Act to incorporate the First Universalist Society, 
in Roxbury. 

Sec. 1. JjE 2^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That William Hannaford, 
Elisha Wheeler, Samuel S. Williams, Haman Brown, Persons 
Charles Joy, Samuel Parker, Harford Morse, Luther p°'"''^'^ 
Morse, Lewis Morse, Joseph Stratton, Joshua Samp- 
son, Robert Edwards, W. J. Newman, Joseph James, 
Mark P. Swett, Ebenezer Brewer, Jesse Jordan, Joel 
W. Gray, Frttderick Chandler, Opher Haynes, Isaac 
Gale, Warren Marsh, Jesse Brown, Jane Cheney, 
Jonathan Williams, Joseph May, Aaron White Bug- 
bee, Lott Young, Ebenezer Groddard, Junior, James 
Riley, William Cobb, Eleb Faxon, Thomas Mayo, 



incoi- 



408 ROXBURY UNIVERSAL 80C. Feb. 24, 1820. 

William Dove, Aaron Bartlett, Samuel Langley, John 
Bodge, William Lingham, Benjamin Mirick, Josiah 
Richardson, Luther Newell, Enoch Davenport, and 
Elisha Whitney, and all others who may associate with 
them, be, and they hereby are incorporated as a religious 
society, by the name of the First tlniversalist Society, 
PowerBandpri-in Roxbury, witli all the privileges, powers and immu- 
viieges. nities, to which other religious societies in this Com- 

monwealth, are entitled by law. 

Sec. 2. JBe it further enacted^ That the said society 
shall be capable in law, to purshase, hold and dispose 
May hold Real of auy cstate, real or personal, for the use of said soci- 
ji^state. ^^y ^ provided, the annual income thereof, shall not 

exceed, at any time, the sum of two thousand dollars. 
Sec. 3. Be it further enacted, That the said society, 
may have power to order and establish such regulations, 
By-Law^. rules and by-laws, for their government, and for the 
management of their concerns, as they may see lit ; 
provided, the same are not repugnant to the laAvs of 
this Commonwealth ; and^ provided, also, that the as- 
sessments on any share, for erecting a house of public 
worship, shall not exceed fifty dollars. 

Sec. 4. Be it further enacted, That all taxes for the 
support of public worship, shall be levied and collected 
on the pews in said house, in such manner as the so- 
ciety shall hereafter determine. 

Sec. 5. Be it further enacted. That any Justice of 
the Peace, for the County of Norfolk, be, and he hereby 
is authorized to issue his warrant to some member of 
said society, requiring him to warn the members thereof, 
First Meeting, to meet at such convenient time and place, in said ToAvn 
of Roxbury, as shall be therein directed, to choose a 
Moderator, a Clerk, a Treasurer, and such other offi- 
cers, committee or committees, as they shall think 
needful : And the Moderator so chosen, and Modera- 
tors chosen at any future meetings of the said society, 
shall have authority to administer the oaths of office to 
the Clerk, and any other officer, which the said society 
shall think proper to elect ; and from whom the said 
society may think it necessary and proper, by a vote, 
in any of its meetings, to require an oath for the faith- 
ful discharge of the duties of their office. 

[Approved by the Governor, Febmary 24th, 1820,] 



S. BOSTON ASSOCIATION. Feb. 24, 1820. 409 



CHAP. CCLXXVII. 

An Act ill further addition to an Act, entitled " An Act 
to incorporate certain persons into a Company, by 
the name of the South Boston Association. '^ 

IJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That an act, made and passed 
on the fourteenth day of June, in the year of our Lord 
one thousand eight hundred and five, entitled ^^ an act 
to incorporate certain persons into a company, by the 
name of the South Boston Association/' be, and the 
same hereby is continued in force until the fourteenth Act continued. 
day of June, which will be in the year of our Lord one 
thousand eight hundred and twenty five, any thing in 
the act, to which this is in further addition, to the con- 
trary notwithstanding. 

[Approved by the Grovernor, February 24th, 1820.] 



CHAP. CCLXXVIII. 

An Act in addition to the several Acts relating to ihe 
North West River Canal Corporation. 

Sec. 1. OE it enacted by the Senate and House of 
Jtepresentatives, in General Court assembled, and by 
the authority of the same, That the further term of 
three years, from the first day of April next, be, and Extension oi 
hereby is granted to the corporation, for making the *"°^" 
North West River Canal, in the Town of Baldwin, in 
the County of Cumberland. 

Sec. 2. Be it further enacted, That instead of the 
toll now established by law, the said corporation shall 
have a right to demand and receive toll at the rates Rate of Toii. 
following, viz. : for each thousand of lumber, floated 
down said canal, which shall be put therein, above the 
head of the Great Bog-^ so called, fifty cents : and forty 
53 



410 TAX ON PEWS, IN DOUGLAS. Feb. 24, 1820. 

cents for each and every thousand, for all lumber iloat- 
€d down said canal, which shall be put therein, at, or 
below the head of said Great Bog. 

[Approved by the Governor, February 24th, 1820.] 



Pew Taxes. 



Valuation of 
Pews. 



Collection of 
Pew Taxes. 



CHAP. CCLXXIX. 

An Act authorizing the Taxing of Pews, in the Con- 
gregational Meeting House, in Douglas. 

Sec. 1. OE 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 Con- 
gregational Society, in the Town of Douglas, in the 
County of Worcester, be, and they hereby are empow- 
ered to raise any sum or sums of money, which the said 
membei*s may, hereafter, at any legal meeting, called 
for the purpose, vote to raise, for the support of a Gos- 
pel Minister in said society, and for other necessary 
expenses, by a tax upon the pews and pew grounds, in 
said meeting house. 

Sec. 2. Be it further enacted, Tliat for the equita- 
ble apportionment of the taxes to be assessed on said 
pews and pew grounds, the members of said society 
shall cause a valuation thereof to be made, by a Com- 
mittee, to be chosen by them, for that purpose ; and the 
report of that Committee, stating the numbers and value 
of said pews, shall, when accepted and recorded, be 
binding on all persons interested, for the purpose of 
taxation, as aforesaid ; and the sums, voted to be raised 
on said pews, shall be apportioned and assessed there- 
on, by the Assessors for the time being, according to 
such valuation. 

Sec. 3. lie it further enacted. That the Assessors 
of said society, shall make out a fair list of the taxes 
assessed on pews and pew grounds, according to this 
act, and commit said list to the Treasurer of the society, 
to receive and collect the taxes ; and it shall be the duty 
of the Treasurer, as soon as may be, after receiving 



TAX ON PEW8, IN DOUGLAS. Feb. 24, 1820. 411 

said list, to give notice thereof, by posting a copy of 
said list at said meeting house door, stating the number 
of each pew, and the amount of taxes set against it, with 
a notification thereon written, for persons interested in 
said pews, to pay the tax upon the same, within thirty 
days from the date of said notification ; and if the tax 
upon any pew shall not l>e paid to the Treasurer, with- 
in thirty days, according to his notification as aforesaid, 
it shall be the duty of the Treasurer, and he is hereby 
empowered to sell the pew, upon which such tax orsaicofoeiin- 
any part of it shall remain unpaid, at public auction, ^'^^'^^^ 
to the highest bidder ; and his deed to the purchaser, 
recorded in the records of the society, shall give to the 
purchaser a perfect right and title to said pew ; and he 
or she shall afterwards be considered the legal owner 
thereof: Provided, however, that the Treasurer shall, 
after the expiration of said thirty days, give, at least, 
ten days notice of the time and place of vendue, by 
posting up one advertisement at said meeting house, 
and one at some other public place in said town, stating 
the number of the pew to be sold, and the tax due 
upon it. 

Sec. 4. Be it further enacted, That in case an ad- 
journment of the sale of pews, shall appear to the Trea- 
surer to be necessary, he may adjourn his sale for a 
time, not exceeding seven days at a time, until his sales 
are completed ; and in all cases, he shall pay over, on Balances paid 
demand, to the former owner of pews, the balance in ''^*"^ 
his hands, arising from the sales, after deducting the 
taxes due, and his reasonable charges for advertising 
and selling the same. 

[Approved by the Governor. February 24th, 1820.] 



412 VINEYARD PILOTAGE. Feb. 24, 1820. 



CHAP. CCLXXX. 

An Act for establishing the Compensation for Piloting 
Vessels through the Vineyard Sound, over Nan- 
tucket Shoals, in certain cases. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, any person who shall faithfully and 
skilfully pilot any vessel through the Vineyard Sound, 
over Nantucket Shoals, to her port of destination,- in 
Boston Bay, or eastward thereof, shall be entitled to 
Rates of Pilot- receive the following rates of pilotage, viz. : From the 
*^^' first day of November, until the thirty first day of March 

inclusive, for a vessel drawing not more than eleven feet 
of water, three dollars and fifty cents per foot ; if draw- 
ing over eleven feet, and not more than fourteen feet, 
four dollars per foot ; if drawing over fourteen feet, four 
dollars and fifty cents per foot : from the first day of 
April, until the thirty first day of October inclusive, for 
a vessel drawing not more than eleven feet of water, 
two dollars and fifty cents per foot ; if drawing over 
eleven feet, and not more than fourteen feet, three dol- 
lars per foot ; if drawing over fourteen feet, three dollars 
and fifty cents per foot ; with an addition of five dollars, 
if such person shall be landed at any place eastward of 
Cape Ann, and not eastAvard of Portsmouth, or of ten 
dollars, if landed eastward of Portsmouth. 

Sec. 2. JBe it further enacted. That the provisions 
of this act shall not extend to any case where an agree- 
Exccptions. ment, in writing, shall be made between the master or 
owner of a vessel, and the person who may undertake 
to act as pilot of such vessel, fixing any other rate of 
pilotage or compensation, for such services. 

Ses. 3. Be it further enacted, That nothing con- 
tained in this act, shall, in any way, affect any law 
respecting pilotage, now in force in any part of this 
Commonwealth. 

[Approved by the Governor, February 24th, 1820.] 



LIEN ON BUILDINGS. Feb. 24, 1820. 4ia 



CHAP. CCLXXXL 

An Act securing to Mechanics and others, Payment 
for their labor, and materials expended in erecting 
and repairing Houses and other Buildings, with their 
appurtenances. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That when any contract 
shall hereafter be made in writing, between the pro- 
prietor or proprietors of land, on the one part, and any 
person or persons, on the other part, for the erecting or 
repairing any house or other building or their appur- 
tenances, or for furnishing labor or materials, for the 
purpose aforesaid, the person or persons, who shall, in 
pursuance of such contract, have furnished labor or 
materials for such purpose, shall have a lien to secure Lien on Buiid 
the payment of the same upon such building, and the '"^'^ 
lot of land, on which the same stands, and upon the 
right of redeeming the same, when the same has been 
previously conveyed in mortgage : Provided, always, 
that no such lien shall attach unless such contracts shall 
have been recorded in the Registry of Deeds, in tlie 
county in which the land, on which such house or other 
building has been erected or repaired, lies : and no lien 
cheated by this act, shall continue in force more than 
six months from the time when the last instalment shall 
fall due, by the contract by which such lien shall be 
claimed, unless a legal process shall have been com- 
menced for the purpose of enforcing such lien. 

Sec. 2. Be it further enacted. That it shall be the 
duty of the Register of Deeds, in the county in which 
any such land may lie, to record all such contracts for Record of 
the usual fees ; and when a contract shall consist of ^'^'''^'• 
more than one part, the recording of one part shall be 
sufficient, and have the same effect as recording the 
whole. 

Sec. 3. Be it further enacted. That any person hav- 
ing a lien upon any building and the lot of land on 
which it stands, as aforesaid, may petition to the Judge 



414 LIEN ON BUILDINGS. Feb. 24, 1820. 

or Justices of the Court of Common Pleas, holden in 
tlie county in which the land, mentioned in any such 
contract may lie, to order a sale of such land, with the 
appurtenances ; in which case the Judge or Justices of 
such Court shall order notice to be given to all the cred- 
itors having a lien, as aforesaid, on such estate, to 
appear and make out their claims under such contracts ; 
and the owner or owners of such estate, to show cause, 
if any they have, wliy a decree, that such estate should 
be sold, should not be passed, by causing each of them 
to be served with an attested copy of said petition, and 
Petitions for ^^® Order of Court thereon, fourteen days, at least, 
claiming Liens, before the time assigned for a hearing upon said peti- 
tion, or by causing an attested copy of such petition 
and order to be published, at such times, in such news- 
paper as the Court shall direct, the last publication to 
be, at least, fourteen days before the time assigned for 
such hearing ; and every such creditor, who does not 
appear and exhibit his claim to the Court, before the 
sale of such estate shall be decreed, as aforesaid, shall 
not be entitled to the benefit of such lien. And when 
it shall be made to appear to the Court, before which 
such petition shall be pending, either by the default or 
confession of the party petitioned against, or by the 
verdict of a jury, that any sum of money secured by 
such contract, had been due and unpaid sixty days at 
the time of prefering such petition, the Court may enter 
up judgment against the respondent, in favor of each of 
such lien creditors, for such sum as may be found due 
to tliem respectively, and may order the land and ap- 
purtenances, in such contract mentioned, to be sold at 
public auction, to pay and satisfy the same ; saving to 
the owner or owners of such estate, the right of redeem- 
ing the same, at any time within one year from the time 
of sale, by paying the purchaser, or any person claim- 
ing under him, the sum for which it was sold, with 
interest, at the rate of twelve per cent. ; deducting there 
from the rents and profits, over and above the necessary 
repairs. And in the hearing upon any such petition, 
eacii of such lien creditors shall have a right to contest 
tlie claim of the other by issue to the jury, or otherwise. 
Sec. 4. Be it furtker enacted, That whenever the 
owner of any such estate, shall have so failed to per- 



LIEN ON BUILDINGS. Feb. 24, 1820. 415 

form his contract or contracts, in relation thereto, as 
aforesaid, that, in the opinion of the Court, said estate, 
according to the true intent and meaning of this act, 
ought to be sold, as aforesaid ; and the person or per- 
sons, or any of tliem, who have so contracted to furnish 
labor or materials, for erecting or repairing such house 
or other buildings, and without any default on his, her, 
or their part, hav e not fully performed his, her, or their 
contract, a portion rate of the sum, stipulated to be paid 
to such lien contractor, shall be awarded to him, her, or 
them. And any creditor of the owner of any lot of land, 
on which an house or other building shall be erected 
or repaired, by contract, as aforesaid, who shall have 
caused such lot of land, with the appurtenances to be Saie of Estate, 
attached, to secure the payment of his demand, pre- ^"' ^"'" 
viously to any such lien creditor entering into, and 
recording, as aforesaid, liis contract, for erecting or 
repairing such house, or other building, or their appur- 
tenances, as aforesaid, shall be preferred to any such 
contracting creditor, so far as relates to the value of 
said land, or building, in the state in which they were 
at the time when erecting or repairing of such house or 
building was commenced. And the value of such lot 
of land, or land and building, at the time when the 
same shall be attached as aforesaid, shall be ascertained 
by the appraisal of three disinterested freeholders of 
the county, in which such land shall lie ; one to be 
appointed by the petitioning creditor or creditors, one 
by the respondent, and one by the officer who shall 
make the sale. And in case the respondent neglects 
or refuses to appoint sucli appraiser, the appointment 
of two such appraisers, shall be made by such officer. 
Sec. 5. Be it further enacted. That in all cases, in 
which the Court shall order and decree, that any such 
estate shall be sold, as aforesaid, the sale shall be Manner of ma 
made by the Sheriff* or his Deputy ; and if the Sheriff'''"^ ^'''^^ 
be interested, then by the Coroner of the county in 
which such estate lies ; and such notice shall be given 
of the time and place of sale, as is provided by law, 
when the right of redeeming real estate is sold, which 
has been conveyed in mortgage. And whenever it 
shall be found by the officer who has made such sale, 
that the net proceeds of such sale are insufficient to sat- 



416 LIEN ON BUILDINGS. Feh. 24, 1820. 

isfy the sums which shall have been awarded to the 
lien contract creditors, and attaching creditors, accord- 
ing to the provisions of thie act, it shall be the duty of 
such officer, after satisfying this claim of the attaching 
creditor or creditors, if such there are, to apportion the 
net proceeds of such sale among the lien creditors, ac- 
cording to the sums to them respectively awarded; and 
if the net proceeds of the sale of such estate, shall ex- 
ceed the amount of all the sums ascertained and award- 
ed as aforesaid, it shall be the duty of such officer to 
pay over the excess to the respondent. 

Sec. 6. Be it further enacted, That each and every 
lien Creditor, his Executors, Administrators, or As- 
signs, having received payment and satisfaction of his 
or their demands, according to the terms of such con- 
tract ; or, A\ hen such house or other building shall 
have been sold, and the proceeds thereof paid over, 
according to the provisions of this act, each and every 
such lien Creditor, his Executors, Administrators, or 
Assigns, shall enter upon the margin of the record of 
Lien Creditors sucli coutract, a discharge of his or their lien upon 
^o give isc ar- g^^j^ housc Or otlicr building, created by such contract ; 
or, by deed duly executed, release the same ; and any 
party in interest shall be entitled to have like remedy 
for obtaining due discharge of such lien, in case the 
money shall be paid as aforesaid, as is now by law se- 
cured in equity to Mortgagers, their Heirs, Executors, 
Administrators, or Assigns. 

Sec. 7. Be it further enacted, That in all cases 

arising under this act, every party shall be entitled to 

„ . , a trial by iury. of any matter of fact in the cause ; and 

Each party "^ *' *^ ' /• / r 1 f il, 

may claim trial any onc or morc oi the parties may appeal irom the 
^yjofy- judgment of the Court of Common Pleas, to the Su- 
preme Judicial Court, as in other cases. 

[Approved by the Governor, February 24th, 1820.] 



SETTLEMENT OF ESTATES. Feb. 24, 1820. 41T 

CHAP. CCLXXXII. 

An Act in addition to an Act, entitled *^ An Act di- 
recting the Settlement of the Estates of Persons 
Deceased, and for the Conveyance of Real Estate, 
in certain cases." 

JjE it enacted by the Senate and House of 
MepresentativeSj in General Court assembled, and by 
the authority of the same, That in all cases, wherein, 
upon a suggestion of waste, and according to the pro- 
visions of the ninth section of the act, entitled ^^ an act 
directing the settlement of the estates of persons deceas- 
ed, and for the conveyance of real estates, in certain 
cases," passed on the fourth day of March, in the year 
of our Lord one thousand seven hundred and eighty 
four, a writ of scire facias shall issue against any ex- 
ecutor or administrator, of any deceased person ; and 
upon said writ being duly served and returned, such ex- 
ecutor or administrator, shall make default of appear- Liability of Ex 
ance, or coming in, shall not shew cause sufficient, to mTnistra^torl^^ 
the contrary, execution shall be adjudged and awarded 
against him, of his own proper goods and estates, to 
the value of such waste, where it can be ascertained ; 
otherwise for the whole sum recovered, with interest 
thereon, from the time when the first judgment was ren- 
dered ; and for want of goods or estate, against the body 
of such executor or administrator. 

[Approved by the Governor, February 24th, 1820.] 



CHAP. CCLXXXIIL 

An Act regulating the time for Inspecting Military 
Stores, Parading the Troops, and fixing the Com- 
pensation of certain Staff Officers. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Brigade Quarter 
54 



418 STAFF OFFICERS. Feb. 24, 1820 

Master of each brigade, within this Commonwealth, 
shall, once in two years, in the month of September, 
Pei.«onai iii- pei'sonallj examine, view and inspect the military stores 
spcction. ^j ^^^^ town and district within his brigade, (provided 
by such towns and districts,) and make return thereof 
to the Adjutant General, on or before the first day of 
November next, after such inspection, in the way and 
manner provided in the twenty second section of an act, 
passed the ninth* day of March, in the year of our 
Lord one thousand eight hundred and ten, entitled 
'^^ an act for regulating, governing and training the mi- 
litia of this Commonwealth." 

Sec. 2. Be it further enacted, That all the troops 
Bieimiai Re- of eacli divisiou, shall be paraded, once in two years, 
for review, inspection, and discipline, either in brig- 
ades, regiments, or battalions of regiments, in the way 
and manner provided, in and by the twenty fifth 
section of the act aforesaid ; and that the troops afore- 
said shall not be paraded for the purposes aforesaid, 
in manner aforesaid, nntil the year of our Lord one 
thousand eight hundred and twenty one. 

Sec. 3. Be it further enacted, That from and after 
the first day of March next, the several Brigade Ma- 
jors, Brigade Quarter Masters, and Adjutants, shall 
i'ayoi Brigade each, amuially, receive as a full compensation for his 
^''^'^ services, while in oifice, a sum not exceeding fifteen 

dollars ; his account for such services, being first pre- 
sented to, and allowed by the General Court. 

Sec. 4. Be it further enacted, That any part of any 
act, which is inconsistent with, or repugnant to the pro- 
visions of this act, be, and the same is hereby repealed. 
Sec. 5. Be it further enacted, That this act shall 
take effect from and after the fifteenth day of Marcli 
next, and not before. 

[Approved by the Governor, February 24th, 1820.] 

' Tliis i:i a mistake ; it should be the sixth of March- 



LIVERMORE BRIDGE. Feb. 25, 1820. 419 



CHAP. CCLXXXIV. 

A.U Act to apportion and assess a Tax of One Hundred 
and Thirty Three Thousand Three Hundred and 
Eighty Two Hollars and Thirty Four Cents, and 
to provide for the reimbursement of Twenty Five 
Thousand Three Hundred and Forty Dollars, paid 
out of the public Treasury to the Members of the 
House of Representatives, for their attendance at thepay ofRepr* 
last session of the General Court, and also such surns*®"^^'^^^' 
as have been and shall be paid to such Members as 
are from the District of Maine, for their attendance 
at the present session of the General Court. 

[Approved by the Governor, February 25th, 1820.] 



CHAP. CCLXXXV. 

Vn Act to incorporate the Proprietors of Livcrmorc 
Bridge. 

Sec. 1. JtfE it enacted hj the Senate and House of 
Representatives, in General Coui't assembled, and by 
the authority of the same, TJiat Thomas Davis, and Persons incor 
such others as have, or may liereafter associate witli^°'^^'^^ 
him or them, be, and they are hereby made a corpo- 
ration, by the name of the Proprietors of Livermore 
Bridge, and by that name may sue and be sued to iinal 
judgment and execution, and have power to levy and 
collect taxes and assessments, and compel payment 
from delinquent proprietors, by force of law ; and shall 
exercise and enjoy all other powers and privileges in- 
cident and usually granted to corporations for building 
bridges, and liable to the same duties and requirements General pow- 
to Avhich other similar corporations are subject. And' 
the said bridge shall be erected in the Town of Liver- 
more, at or near Chenery's Mills, and shall be built of 
good and durable materials, not less than twenty four 
feet wide, and well covered with plank or timber suita- 



ers. 



420 LIYERMORE BRIDGE. Feb. 25, 1820. 

ble for such a bridge, and with sufficient rails on each 
side, for the safety of passengers : and the sills or string 
pieces, of said bridge, shall be laid at least eight feet 
above the surface of the water, at a high freshet. 

Sec. 2. Be it further enacted. That for remunerat- 
ing to the proprietors, the money they may expend in 
building the said bridge, and keeping the same in good 
repair, a toll shall be, and hereby is granted and 
established, for the sole use and benefit of the said cor- 

RatesofTou. poratiou, according to the rates following, \dz. : for 
each foot passenger, two cents : for one person and 
horse, eight cents ; for a single horse cart, sled, or 
sleigh, twelve cents and five mills : for each wheel- 
barrow, hand cart, and every other vehicle capable of 
carrvina: a like weiirht. four cents : for each team, in- 
eluding cart, sled, or sleigh, drawn by more than one 
beast, and not exceeding four beasts, sixteen cents ; 
and for every additional beast, above four, two cents 
each ; for each single horse and chaise, chair, or sulkey, 
tw elve cents and five mills ; for each coach, chariot, 
phseton, or curricle, twenty five cents ; for neat cattle 
or horses, exclusive of those rode on, or in carriages 
or teams, two cents each ; sheep and swine, one cent 
each : and in all cases the same toll shall be paid for 
all carriages passing said bridge, whether the same be 
loaded or not loaded, and to each team, one man and 
no more, shall be allowed as a driver, to pass free from 
paying toll. And the said toll shall commence at the 
day of the first opening the said bridge for passengers, 
and shall so continue for and during the term of thirty 
years from the said day ; and after the expiration of 
that term, the said toll shall be subject to be regulated, 
or wholly discontinued, by the Legislature : Provided, 
the said proprietors shall, at all times, keep the said 
bridge in good, safe, and passable repair, during the 
term aforesaid : Provided, also, that all persons, inhab- 

ExempUom. itauts of the said Town of Livermore, going to, or re- 
turning from public religious worship, or going to, or 
returning from funerals ; children going to school and 
returning therefrom, shall, at all times, be permitted 
to pass said bridge free from toll. 

Sec. 3. Be it further enacted. That any three of the 
said proprietors may, by posting up a notification in 



PORTSMOUTH BRIDGE. Feb. 25, 1820. 421 

some public place, in the said Town of Livermore, no- 
tify and call a meeting of said proprietors, to be liolden 
in Livermore, at such convenient time and place, as 
shall be expressed in said notification, ten days, at 
least, before the time of meeting ; and the said pro- 
prietors being then met, allowing one vote to each share, 
(provided, no person shall be entitled to more than ten 
votes,) shall proceed to choose a Clerk, who shall be 
sworn to the faithful discharge of the duties of his office. 
And the said proprietors may, at the same, or a sub- 
aequent meeting, appoint such other officers as they Election of Ofs- 
may deem necessary for conducting their business, and '^^"• 
may also agree on a mode for calling future meetings, 
and make and establish such rules and regulations as 
they may judge necessary and convenient for executing 
and completing the building the said bridge, for collect- 
ing the toll, hereby granted, and for the prudent and 
regular management of the affairs of the said corpora- 
tion ; and the same rules and regulations may enforce, By-Laws. 
and for the breach thereof, may order and demand fines 
and penalties, not exceeding twelve dollars : Provided, 
that said rules and regulations shall never be contrary 
to the constitution and laws of this Commonwealth. 

Sec. 4. Be it further enacted^ That if the said cor- 
poration shall neglect, or refuse, for the term of seven 
years, from the passing of this act, to build and com- Time for erect 
plete the said bridge, then this act shall be void and of'"s J^"%« 
no effect. 

[Approved by the Governor, February 25th, 1820.] 



CHAP. CCLXXXVI. 

An Act to incorporate the Proprietors of Portsmouth 

Bridge. 

WHEREAS the State of New Hampshire, by 
an act of the Legislature of the same, entitled ^^ an act 
to incorporate the Proprietors of Portsmouth Bridge," 
which act was made and passed on the twenty eighth Preamble 
day of June; in the year of our Lord, one thousand 



422 



PORTSMOUTH BRIDGE. 



Feb. 25, 1820. 



eight hundred and nineteen, did create and erect a cer- 
tain body politic or corporate, for the purpose of build- 
ing a bridge over Piscataqua River, between the Towns 
of Portsmouth, in the State of New Hampshire, and 
Kittery, in this Commonwealth ; and whereas Samuel 
Leighton, and others, have petitioned the General 
Court to grant their approbation and assent to the said 
act of incorporation of the State of New Hampshire, 
and to erect them into a body politic and corporate, so 
that they, in concurrence w4th the corporation so creat- 
ed, in the State of New Hampshire, may carry into 
effect the great and valuable object aforesaid : 

Sec. 1. BE it enacted by the Senate and House of 
Representatives J in General Court assembled, and by 
the authority of the same, That Samuel Leighton, 
Proprietors. Isaac Lyniau, John Hammond, Daniel Pierce, Mark 
Dennett, Elislia Shapleigh, Elisha Bragdon, William 
W. Fernald, and Edward Augustus Emerson, with 
their associates, who are, or shall become proprietors 
in said bridge, so long as they shall continue proprie- 
tors thereof, shall be a body politic and corporate, for 
the purpose aforesaid, by the name of the Proprietors 
General pow- of Portsmoutli Bridge, with power to purchase and 
'^''^" hold such estate as may be necessary to carry into ef- 

fect the object of the said corporation, with full power, 
likewise, to unite with the proprietors of Portsmouth 
Bridge, aforesaid, in the State of New Hampshire, in 
carrying the same into elTect ; and with all the powers 
and privileges, and subject to all the liabilities incident 
to corporations of a similar nature. 

Sec. 2. Be it further enacted, That Samuel Leigh- 
ton, Isaac Lyman, and Mark Dennett, or any two of 
Fiisi Meeting them, may call a meeting of said corporation, by adver- 
tisement, in the New Hampshire Gazette, to be holden 
at any suitable time and place, after seven days from 
the first publication of said advertisement ; and the 
proprietors, by a vote of the majority of those present 
at such meeting, shall choose a Clerk ; and at the same 
or any subsequent meeting, may elect such other oflRcers 
and establish all such rules and by-laws, as may be 
Organization of deemed necessary, for the regulation and government 
bociety. ^£ gjj^i^i corporation, and for carrying into effect the ob- 

jects of the same ; provided, said rules and by-laws, 



PORTSMOUTH BRIDGE. Feb. 25, 1820. 423 

be not repugnant to the constitution and laws of this 
Commonwealth. 

Sec. 3. J3e it further enacted, That the proprietors 
be, and hereby are permitted and empowered to erect 
a bridge over Piscataqua River, between the ToAvns of Location. 
Kittery or Eliot, in this Commonwealth, and Ports- 
mouth, in the State of New Hampshire, in concurrence 
with the proprietors of Portsmouth Bridge, in New 
Hampshire, aforesaid. 

Sec. 4. lie it further enacted, That for the purpose 
of reimbursing said proprietors, a toll be, and hereby 
Is granted and established, for the sole benefit of said 
proprietors, according to the following rates, viz. : for Rates of Toil. 
each foot passenger, four cents ; for each person and 
horse, fifteen cents ; for each chaise, sleigh, or other 
pleasure carriage, drawn by one horse, thirty cents ; 
for each coach, chariot, sleigh, phaeton, or other plea- 
sure carriage, drawn by two horses, sixty five cents ; 
for each coach, sleigh, or other pleasure carriage, drawn 
by four horses, eighty cents ; for each sled, sleigh, cart, 
or other carriage of burthen, drawn by one horse, six- 
teen cents ; for each cart, waggon, sled or sleigh, drawn 
by two horses, or oxen, twenty five cents ; and for eacli 
additional beast, five cents ; for neat cattle, or horses, 
exclusive of those rode on, or in teams or carriages, 
fifteen cents each ; for sheep and swine, two cents each. 
And to each team, one person, and no more, shall be 
allowed to pass free of toll. And, at all times, when 
the toll gatherer shall not attend his duty, the gate 
shall be left open. And the toll shall commence on 
the day of opening the bridge for passengers, and shall 
continue for the benefit of the said corporation forever : 
Provided, that in no case, shall the rates of toll, to be 
demanded and received for passing the said bridge, be 
greater than those which shall be established under 
the authority of the incorporation, aforesaid, of the 
State of New Hampshire : it being the intention of 
this Legislature, that, under the concurrent powers of 
the aforesaid corporations, one toll only, which shall Liin,tatio)i ui 
never exceed the rates above established, shall be de- '^'*^* 
manded and taken by either or both of said corpora- 
tions, for once passing the said bridge : Provided, also, 
that after the term of twenty years^ the rates of toll 



4M PORTSMOUTH BRIDGE. Feb. 25, 1820, 

shall be subject to be altered by law. And the pro- 
prietors, aforesaid, shall, at the place where the said 
toll shall be collected, erect and keep constantly expo- 
sed to view, a sign or board, with the rates of toll fairly 
and legibly written thereon. And 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, which 
may be mutually agreed on, in lieu of the toll aforesaid. 
And the said bridge shall be accommodated with, at 

Bridge Lamps, least, eight lamps, which shall be well supplied with 
oil, and be constantly lighted during the night time, 
except when the moonlight may render it unnecessary. 

Draw. Sec. 5. Be it further enacted. That a draw or hoist 

in said bridge, shall be constructed over the channel of 
said river, of sufficient width for vessels to pass and 
repass freely ; and the said proprietors shall cause the 
same to be hoisted or opened, without delay, for the 
accommodation of all such vessels as may have occa- 
sion to pass through the same, and for which the hoist- 
ing or opening said draw, may be necessary. 

Sec. 6. Be it further enacted, That unless the said 
bridge be erected and finished within the term of nine 
years, then this grant shall be void. 

Sec. 7. Be it further enacted, That after the said 
toll shall commence, the said proprietors or corporation, 

Indemnity. shall pay to Alexander Rice, Esquire, his heirs, ex- 
ecutors or administrators, the sum of four thousand 
dollars, together with interest, after one year, on the 
same, from the commencement of the said toll ; which 
said sum and interest, shall be paid out of the iirst pro- 
ceeds of the bridge, by the toll collected thereon ; and 
the payment of the same, shall be in full consideration 
of the injury which may be sustained by the said Rice, 
by the loss of the income of the ferry from Kittery to 
Portsmouth ; which ferry is not to be used as a public 
ferry, after the said bridge becomes passable, and while 
it continues so. And if said sum, or interest thereon, 
shall not be paid within one month from the time it 
shall become due as aforesaid, and shall have been 
demanded, then the said Rice, or his legal representa- 
tives, may have his action of debt, or other action at 
law, for the recovery thereof 5 and the corporate prop 



DISTRICT OF MAINE. Feh. 25, 1820. 425 

erty, rights, and franchises, of said corporation, may 
be attached, on the original writ, and taken and sold, 
on execution, for satisfying the judgment recovered, 
with the costs of levying the said execution, and the 
expenses of sale, in the same way and manner as is 
now provided by law, for the sale of personal proper- 
ty, taken on execution, excepting that ten days previous 
notice of such sale shall be given in some public news- 
paper, published in the Town of Portsmouth, in the 
the State of New Hampshire, in addition to the notice 
now required by law : Provided, however^ that when- 
ever the said bridge shall cease to be passable, the 
privilege of the ferry shall revert to the said Rice, his Reversion 
heirs, or assigns, as fully, and in the same manner, as 
if the said bridge had never been erected : Provided, 
also, that nothing contained in this act shall be con- 
strued to prevent the repairing or rebuilding of said 
bridge, without paying any additional sum whatever, 
for the income of said ferry. 

[Approved by the Grovernor, February 25th, 1820.] 



CHAP. CCLXXXVII. 

An Act in addition to an Act, entitled " An Act relat- 
ing to the Separation of the District of Maine from 
Massachusetts Proper, and forming the same into a 
Separate and Independent State." 

Sec. 1. JjE it enacted hy the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That the consent of the 
Legislature of this Common wealtli be, and the same is 
hereby given, that the District of Maine may be form- 
ed and erected into a Separate and Independent State, 
upon the terms and conditions, and in conformity to 
the enactments contained in an act, entitled ^^ an act 
relating to the Separation of the District of Maine from 
Massachusetts Proper, and forming the same into a 
Separate and Independent State;'' whenever the Con- 
55 



426 



DISTRICT OF MAINE. 



Feb. 25, 1820. 



Extension of 
Time. 



rrovl£.ioiial 
Government. 



grtiss of the United States shall give its consent thereto, 
any thing in tlie said act, limiting the time when such 
consent should be given, to the contrary notwithstand- 
ing : Provided^ however^, that if the Congress of the 
United States sliall not have given its consent as afore- 
said, before the fifteenth day of March next, then all 
parts of the act, to which this is an addition, and all 
matters therein contained, which by said act have date 
or operation from, or relation to the fifteenth day of 
March next, shall have date and operation from, and 
relation to the day on which the Congress of the United 
States shall give its consent as aforesaid : Provided^ 
also, that if the Congress of the United States shall 
not give its consent as aforesaid, within two years from 
the fourth day of March next, this present act shall be 
void and of no effect. 

Sec. 2. Be it further enacted, That if it shall not 
be known on the first Monday of April next, that the 
Congress of the United States has given its consent as 
aforesaid, the people of the said District of Maine shall 
elect, provisionally, a Grovernor, Senators and Repre- 
sentatives, or 
ization of the 

Independent State, according to the provisions of the 
constitution of government agreed to by the people of 
the said District. And the persons so elected, shall as- 
semble at the time and place designated by the said 
constitution, if the consent of Congress, as aforesaid, 
sliall be given during the present session thereof, but 
not otherwise ; and when assembled as aforesaid, and 
having first determined on the returns, and qualifica- 
tions of the persons elected, they shall have the power, 
as Delegates of the people, for that purpose, to declare 
on behalf and in the name of the people, the said elec- 
tions of sucli persons to be constitutional and valid, for 
the respective offices and stations, for which they shall 
have been elected as aforesaid. And if such declaration 
shall not be made before the persons so elected, shall 
proceed to transact business, as the Legislature of said 
State, the said election shall be wholly void, unless it 
shall appear, that the consent of Congress aforesaid, 
shall have been given on or before the said first Mon- 
day of April next. And if the consent of Congress as 



other officers, necessary to the organ- 
j,overnment thereof, as a Separate and 



CONVICTS. Feb. 25, 1820. 427 

aforesaid, shall be given after the said first Monday of 

April next, and the persons so elected, when assembled 

as aforesaid, shall not declare the said election valid 

and constitutional as aforesaid, within ten days from the 

last Wednesday of May next ; then they shall cease 

to have any power to act in any capacity for the people 

of the said District, by virtue of their elections as afore- ^ 

said ; and the people shall again choose Delegates, to 

meet in convention, in the manner, for the purposes, 

and with the powers set forth in the third and fourth 

sections of the act to which this is in addition ; the said 

elections of such Delegates to be made on the first 

Monday of July next, and the Delegates to meet in 

convention, at Portland, on the the first Monday of 

September next. 

[Approved by the Governor, February 25tli, 1820.] 



CHAP. CCLXXXVIII. 

An Act in addition to an Act, entitled " An Act relat- 
ing to the Punishment of Convicts, who may be 
sentenced to solitary imprisonment and confinement 
to hard labor." 

15 E it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That the Keeper of any 
County Gaol, or House of Correction, to which con- 
victs have been, or may hereafter be committed, pursu- 
ant to an act, entitled " an act relating to the punish- 
ment of convicts, who may be sentenced to solitary 
imprisonment and confinement to hard labor," whose 
accounts shall have been allowed and settled by the 
Justices of the respective courts, as by said act is pro- 
vided, shall be allowed to receive the same out of the 
County Treasury : Provided, that, in future, a sum not 
exceeding one dollar per week, shall be allowed for 
the support of any convict. And the said Justices are Support of con- 
hereby a.uthorized to issue their order for the payment '"''^' 



42SB PAUPEKS. Jb'eh. 25, 1820. 

of the same, on the Coimty Treasurer, accordingly. 
And the said County Treasurer shall charge, and be 
allowed the same, in his account against the Common- 
M ealth, any thing in the act, to which this is an addi- 
tion, to the contrary notAvithstanding. 

[Approved by the Governor, February 25th, 1820.] 



CHAP. CCLXXXIX. 

An Act providing for the Support of State Paupers. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That whenever any town 
within this Commonwealth shall incur expense in re- 
lieving or supporting any poor pers^on, who has no 
settlement within the Commonwealth, such town shall 
be entitled to a reimbursement, at a rate not exceeding, 
Rate of Board lu any case, the sum of one dollar per week for adults, 

for Pauper.. ^^j gf^^ g^.^ ^^^^^ £q^. childieU. 

[Aj>proved by the Governor, February 25th, 1820.] 



CHAP. CCXC. 



An Act to prevent the introduction of Paupers, from 
foreign poi-ts or places. 

JdE it enacted by the Senate and House of 
Representatives, in General CouH assembled, and by 
the authority of the same, That when any ship or 
vessel, having any passengers on board, who have no 
settlement within this Commonwealth, sliall arrive at 
any port or har])or within the Commonwealth, the mas- 
ter of such ship or vessel shall, before such passengers 
come on shore, leave a list of their names and places of 



PAUPERB.— FISHERY. Feh. 25, 1820. 429 

residence, with the Selectmen or Overseers of the Poor 
of the town where such passengers shall be landed ; 
and if, in the opinion of said Selectmen or Overseers 
of the Poor, any such passengers may be liable to 
become chargeable for their support to the Common- 
wealth, the master of such ship or vessel shall, within 
five days after his arrival, as aforesaid, and on being 
notiiied by the Selectmen to that eftect, enter into bonds. Bond* against 
witli sufficient sureties, to the satisfaction of said Select- ''"^*^"'^'" 
men, in a sum not exceeding five hundred dollars for 
each passenger, to indemnify and save harmless such 
to^vn, as well as the CommonAvealth, from all manner 
of charge and expense, which may arise from such 
passengers, for and during the term of three years ; 
and if the master of such ship or vessel shall land any 
such passengers, without entering their names and giv- 
ing bonds as aforesaid, he shall forfeit and pay the 
sum of two hundred dollars for each passenger so 
landed, to be recovered by action of debt, by any per- 
son who shall sue for the same ; one moiety thereof to 
the use of the Commonwealth, and the other moiety 
to the prosecutor ; provided, this act shall not take effect 
until the first day of May next, and that nothing in 
this act shall be construed to extend to the master of 
any ship or vessel, in any voyage on which such ship 
or vessel may now be employed. 

[Approved by the Governor, February 25th, 1820.] 



CHAP. CCXCI. 

An Act to regulate the Fishery, in Piscataqua River. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General CouH assembled, and by 
the authority of the same. That from and after ihv 
passing of this act, if any person or persons shall fisli 
with a seine or net, more than twelve rods long, or with 
a trap line or setting line, so called, in Piscataquji 
River, or any of the branches thereof, within this 



430 



Penajtiejs. 



FISHERY. 



Feb, 25, 185a. 



Forfeiture of 

Nets. 



Duty of Fish 
AVardens. 



Commonwealth, at any season of the year, such person 
or persons, so offending, shall forfeit and pay, for fish- 
ing with a seine or net as aforesaid, ten dollars, and for 
fishing with a trap line or setting line, four dollars, to 
be recovered in an action of debt, in any court proper 
to try the same ; one moiety to him or them who shall 
prosecute for the same, and the other moiety to the poor 
of the town, in which the offence was committed. 

Sec. 2. Be it further enacted, That any seine, net 
or line, as aforesaid, which shall be found set in said 
river, or any branch thereof, without the owner of the 
same, or any other person, may be seized by any Con- 
stable or Fish Warden, in the town, in which the 
oflPence is committed, and the same shall be forfeited ; 
one moiety to the oflBcer seizing the same, and the other 
moiety to the informer. And it shall be the duty of 
the Selectmen of the Towns of Kittery and Eliot, an- 
nually, to appoint one or more suitable persons, in each 
town respectively, who shall be sworn to the faithful 
discharge of their trust, to be Fish Wardens, who shall 
receive certificates of their appointment from the Select- 
men, and whose duty it shall be to carry this act into 
effect, and whose term of office shall continue from the 
time of their appointment, until the first day of May, 
then next ensuing. 

[Approved by the Grovernor, February 25th, 1820.] 



COMMONWEALTH OF MASSACHUSETTS. 



secretary's office, APRIL 6, 1820. 

BY THIS, I CERTIFY, That the Laws printed in this pamphlet, passed af. 
ihe session, beginning January 12th, and ending February 25th, 1820, have been 
compared with the originals in this office, and appear to be correct. 

ALDEN BRADFORD, 

Secretary of the Commonwealth. 



LAWS 

OE THE 

COMMONWEALTH OF MASSACHUSETTS, 
PASSED BY THE GENERAL COURT, 

VT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE THIRTY 

FIRST OF MAY, AND ENDED ON THE SEVENTEENTH OF JUNE, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY. 



CHAP. I. 



An Act concerning the Meetings of Proprietors of 
General and Common Fields. 

OE it enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same, That the first meeting of Power to call 
the proprietors of any tract of land, which has hereto- '''^^^''"S*- 
fore been, or may hereafter be established as a General 
and Common Field, by the Supreme Judicial Court, or 
any Court of Common Pleas, may be called and holden 
at any time in the year, upon application of two or 
more proprietors of such field, to a Justice of the Peace, 
in the manner provided for calling proprietors' meet- 
ings, by the act, entitled ^^an act concerning General 
and Common Fields ;'' and the Proprietors of General 
and Common Fields may adjourn their meetings from 
time to time, by a vote of the majority of proprietors 
present at any meeting. 

[Approved by the Governor, June 10th, 1820.] 



432 BILLS OF EXCHANGE. June 14, 1820. 



CHAP. II. 

An Act ill addition to an Act, entitled '' An Act regu- 
lating Damages on Inland Bills of Exchange." 

JjE it enacted by the Senate and House of 
Hepresentatives^ in General Court assembled, and by 
the authority of the same. That when any Bill of Ex- 
change, drawn or endorsed within this Commonwealth, 
payable within the State of Maine, which, upon being 
duly presented for acceptance, or payment, shall not 
be accepted or paid, according to the order of said bill, 
or to the terms of said acceptance, (if any,) and shall 
thereupon be regularly protested, every person draw- 
ing, or endorsing such bill, a\ itliin this Commonwealth, 
who shall be liable by law, for the contents of said 
bill, to any holder or party thereto, shall, in addition 
to the contents of said bill, be liable for, and pay 
Rate of Dama- damages, at the rate of three per centum, on the 
^^^' amount of said bill; any thing in the act, entitled ^^an 



act regulating damages on Inland Bills of Exchange, 
to the contrary notwithstanding. 

[Approved by the Governor, June 14th, 1820.] 



CHAP. ni. 

An Act to cede to the United States the Jurisdiction 
of Ten Pound Island, in the Harbor of Gloucester. 

XjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the jurisdiction of Ten 
Giant of Juris- Pouud Islaud, iu the Harbor of Gloucester, and all the 
diction. right and claim to the soil thereof, which this Com- 

monwealth may have, be, and hereby is granted to 
the United States of America, for the purpose of erect- 
ing a Light House on the same ; provided, that this 



'•» 



Z. GAGE AND B. PATCH. June 14, 1820. 433 

Commonwealth shall retain, and does hereby retain, 
concurrent jurisdiction with the United States, in and concurrent Ju- 
over said land, so far as, that all civil and criminal "^^''^^'""^^ 
processes, issued under the authority of this Common- 
wealth, or any oiRcer thereof, may be executed on any 
part of said land, or in any building which may be 
erected thereon, in the same way and manner as if the 
jurisdiction had not been granted as aforesaid. 

[Approved by the Governor, June 14th, 1820.] 



CHAP. IV. 

x^.n Act to annex Zachariah Gage and others, to the 
Third Congregational Society, in Beverly, and to 
annex Billy Patch to the First Parish in said town. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and bij 
the authority of the same, That Zachariah Gage, Ben- 
jamin Trask, 2d, Dixy Woodberry, Obed Woodberry, Persons annex 
2d, Robert Woodberry, Junior, Osmon Gage, Nancy *^^' 
Ingersoll, Judith Cox, Lydia Haskell, Nathaniel Al- 
len, Mary Obear, Thomas Elliot, Benjamin Knowlton, 
3d, James Haskell, 2d, Zachariah P. Symmes, Mary 
Lamson and Hannah Boyles, of Beverly, in the County 
of Essex, witli their families, polls, and estates, be, 
and hereby are set off* from the First Parish, or whatever 
religious society they may be supposed to belong to, 
within the limits of the said First Parish, and annexed 
to the Third Congregational Society, in said Beverly ; 
provided, that they be severally held to pay all taxes Proviso. 
already legally assessed on them, and due to the said 
First Parish, prior to the date of this act. 

Sec. 2. Be it further enacted, That Billy Patch, of 
Beverly, with his family, polls, and estate, be, and 
hereby is set off from said Third Congregational So- 
ciety, and annexed to the said First Parish ; provided, 
that said Billy Patch be held to pay all taxes already 



434 HOUSATONUC TURNPIKE. June 14, 1820. 

legally assessed on him, and due to said society, prior 
to the date of this act. 

[Approved by the Governor, June 14th, 1820. 



CHAP. V. 

An Act in further addition to an Act, entitled ^^An Act 
in addition to the several Acts for establishing the 
Housatonuck Turnpike Corporation, and the Hud- 
son Turnpike Corporation.'' 

JjE it enacted by the Senate and House of 
Representatives J in General Court assembled, and by 
the authority of the same, That the Housatonuck Turn- 
Removai of pike Corporatiou be, and they are hereby empowered 
to remove their west gate, which now stands on the 
west side of West Stockbridge Mountain, so called, 
near the east line of West Stockbridge, on the road 
belonging to the said Corporation ; eastwardly, be- 
tween the place where the said gate now stands, and 
the east line of Daniel Phelps' land, on the south side 
of said turnpike road, a feAV rods east of said Phelps' 
dwelling house, in Stockbridge ; any thing in the act, 
defining the general powers and duties of Turnpike 
Corporations, to the contrary, notwithstanding ; and 
the said Corporation shall be subject to the same re- 
strictions, limitations and conditions, and entitled to 
the same privileges, rights, and emoluments, as it re- 
gards the gate so removed, as they are entitled or sub- 
jected to, in the act to which this is in addition, passed 
the nineteenth day of June, eighteen hundred and six- 
teen. 



Gate 



[Approved by the Governor, June 14th, 1820.J 



MOSES FULLER— PARSONS. June 14, 1820. 435 



CHAP. VL 

An Act to annex Moses Fuller and others, to the 
West Parish in Medway. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives y in General Court assembled, and by 
the authority of the same, That Isaac BuUard, Nathan Persons annex- 
Bullard, and Luther Green, of Medway, in the County*" 
of Norfolk, with their families and estates, be, and 
they are hereby set ofT, from the East Parish in Med- 
way, and annexed to the West Parish in Medway 
aforesaid ; and shall hereafter be liable to all tlie 
duties, and entitled to all the privileges, in said parish, Duties and pri- 
which they would have been in the parishes to which "*^^^'^' 
they respectively belonged. 

Sec. 2. Be it further enacted, That Moses Fuller, Persons setoff. 
of Franklin, in said county, with liis family and 
estate, be, and he hereby is set off from Franklin, 
and annexed to the West Parish in Medway, for paro- 
chial purposes only ; provided, nevertheless^ that they Proviso. 
be held to pay all legal taxes, and arrearages of taxes 
already granted, or assessed upon them, by the said 
First Parish in Franklin, and the said East Parish in 
Medway. And this act shall continue in force, as it 
respects the real estate of the said Moses Fuller, so 
long as he shall own, occupy and possess said estate 
in Franklin, and no longer. 

[Approved by the Grovernor, June 14th, 1820.] 



CHAP. VII. 

An Act to change the name of the town of Parsons. 

Jtf E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the name of the Town 



436 



ESSEX CANAL. 



June 15, 1820. 



of Parsons, in the County of Essex, shall cease, and 
the said town shall hereafter be called and known, 
by the name of West Newbury, any law to the coa- 
trary notwithstanding. 

[Approved by the Governor, June 14th, 1820.] 



CHAP. VIII. 

An Act to incorporate the Proprietor* of the Essex 

Canal. 



porated. 



Sec. 1. J>E it enacted by the Senate and House of 
MepresentativeSf in General Court assembled^ and by 
the authority of the same, That Jonathan Story, 4th, 
Jacob Story, Parker Burnham, Junior, Jonathan Burn- 
Persons iucor- ham, Jouathau Story, Benjamin Burnham, Junior, John 
Dexter, Dudley Choate, Enoch Low, Winthrop Low, 
Greorge Choate, Abel Story, David Story, Joshua 
Low, Adam Boyd, Samuel Burnham, Francis Burn- 
ham, Perkins Story, Jacob Burnham, Junior, Moses 
Marshall, William Andrews, Junior, Joseph Choate, 
Ebenezer Burnham, Junior, Epes Story, Nathan 
Burnham, Robert Crowell, and Tristram Brown, 
their associates, successors, and assigns, together with 
all others who may hereafter associate with them, be, 
and they are hereby made a Corporation, and body 
politic, forever, by the name and style of the Proprie- 
tors of the Essex Canal ; and by that name, may sue 
and be sued, prosecute and be prosecuted, to final 
judgment and execution ; and do, and suffer, all other 
acts and things, which bodies politic may, and ought, 
to do and suffer ; and the said Corporation shall have 
power and authority to make, have and use a common 
seal, and the same to break, alter and renew at plea- 
sure. 

Sec. 2. Be it further enacted, That any three of 
the persons above named, may call the first meeting of 
said proprietors, to be held in some suitable place, by 



General pow- 
ers. 



ESSEX CANAL. June 15, 1820. 437 

posting up advertisements in the towns of Essex and 
Ipswich, seven days, at least, prior to the time ap- 
pointed for such meeting ; and the said proprietors, by First Meeting. 
a vote of a majority of those present, accounting and 
allowing one vote to each share, shall have power to 
choose a Clerk and Treasurer, who shall be severally 
sworn to the faithful discharge of the duties of their 
respective offices ; which Clerk shall record this act, 
and truly and fairly record all rules, regulations and 
votes of said Corporation ; and the said Corporation officers to be 
may, at the same, or any subsequent meeting, choose a ^ °^^"" 
President, and such other officers, agents, and servants, 
and invest them with such power and authority as may 
be found necessary for managing the business of said 
Corporation, and agree upon a method of calling future Powers and ob- 

.• 1 -, . , J -L-i* „ ligations of Offi- 

meetings ; also have power to transact any business tor cers. 
the benefit of said Corporation, and to assess and re- 
cover reasonable fines and penalties of the members of 
said Corporation, for any breach of such rules and 
regulations, as they may adopt, not exceeding ten dol- 
lars for any one breach ; jjrovided, such rules and Proviso. 
regulations shall not, in any case, be repugnant to the 
constitution and laws of this Commonwealth. 

Sec. 3. Be it further enacted, That said Corpora- 
tion shall have power to explore, mark, and lay out, a 
parcel of marsh, two rods wide, across the marshes 
from Fox Creek, so called, in Ipswich River, to Essex 
River, in any direction, which may be most convenient 
for them, by making the owners thereof a reasonable 
compensation for the same, (which compensation, if 
said owners and Corporation cannot agree upon, shall 
be decided by three disinterested freeholders, living corporate pow- 
within the vicinity of said marshes, one to be appoint- "^"^^ 
ed by each party, and the third by those two, and the 
cost to be paid equally by the parties,) through and 
over which they may dig, make and complete a Canal, 
of suitable depth and width, for the passage of boats 
and rafts, drawing four or more feet of water, and to 
make such locks and gates as may be convenient or 
necessary, for the purpose of this act. 

Sec. 4. Be it further enacted, That if any person 
or persons shall wilfully, maliciously, or contrary to 
law, take up, remove, break down, dig under, or other- 
57 



438 



ESSEX CANAL. 



June 15, 1820. 



Fines for tres- 
passes. 



Division of 
Shares. 



wise injure any part of said Canal, or any work or 
works connected with or appertaining to the same, or 
any part thereof, such person or persons, for every 
such offence, sliall forfeit and pay to said Corporation 
treble such damages as said proprietors shall, to the 
Justice, or Court and Jury, before whom the trial shall 
be, make appear, that they have sustained, by means of 
the said trespass, to be sued for, and recovered, with 
costs, in any Court proper to try the same ; and such 
offender or offenders shall further be liable to indictment 
for such trespass or trespasses ; and on conviction there- 
of, shall be sentenced to pay a fine, to the use of the 
Commonwealth, of not less than ten dollars, nor more 
than fifty dollars. 

Sec. 5. Be it further enacted, That the stock and 
property of said Corporation, shall be divided into 
thirty shares, certificates of which shall issue under 
the seal of said Corporation, and be signed by the Pre- 
sident and Treasurer thereof ; and the said shares 
shall be deemed and taken to be personal estate, and 
may be transferred by indorsement ; and said transfers 
shall be recorded by the Clerk of said Corporation ; 
and the said Corporation may make assessments on 
the shares, fer the purpose of effecting the object of 
the Corporation ; Provided, however, that the whole 
amount of the assessments on each share, after deduct- 
ing the amount of all dividends, previously declared 
thereon, shall not exceed the sum of twenty-five dol- 
lars ; and in case the amount of twenty-five dollars 
Assessments. SO assessed ou eacli share, will not supply the neces- 
sary funds, the Corporation may raise the funds re- 
quired, by selling any shares not subscribed for, or by 
creating and selling any necessary number of shares, 
over and above the said thirty. And if the proprietor 
of any share or shares, shall neglect or refuse to pay 
any assessment, for the term of thirty days after the 
same hath become due, the share or shares on Avhich 
there is a delinquency, may be sold at public auction, 
notice of the time and place of sale being given by the 
Treasurer of said Corporation, by posting up adver- 
tisements thereof, in two or more public places, in the 
towns of Essex and Ipswich, ten days, at least, pre- 
vious to the time of such sale ; and the proceeds of 



Proviso. 



Delinquent 
Shares sold. 



ESSEX CANAL. June 15, 1820. 439 

such sale shall be applied to the payments due on the 
share or shares, so sold, with incidental charges ; and 
the surplus, if any, shall be paid to the former owner, 
or his legal representative, on demand ; and such sale 
shall give a good and complete title to the purchaser 
or purchasers, of such share or shares, and he shall 
receive a new certificate thereof, which shall be re- 
corded by the Clerk of said Corporation ; or the said 
corporation may recover the amount of such assess- Assessments 
ments, and interest, with costs, in an action of debt, "^^^ 
in any Court having jurisdiction thereof, as they shall 
elect and determine. 

Sec. 6, Be it further enacted. That the said Cor- 
poration shall be entitled to ask and receive, for their 
sole benefit, of and from all rafts and boats, passing 
through said Canal, fees or toll, not exceeding the 
following rates, viz : For all rafts of timber, thirty Rates of Toll, 
cents per ton ; for all rafts of sawed lumber, of one inch 
thickness, seventy-five cents per thousand feet ; and 
other sawed lumber, in proportion, according to its 
thickness ; for every thousand shingles, twelve and 
half cents ; for every cord of fire wood, fifty cents ; 
and other lumber, such reasonable toll in proportion, 
as the Corporation shall determine. For a gondola, 
twenty cents per ton, on its capacity to carry ; for a 
pair of freighting canoes, seventy-five cents ; for small- 
er boats, fifty cents each ; for a sail boat, if over two 
tons, twenty-five cents per ton ; and the said toll shall 
commence as soon as said Canal shall be passable for 
rafts and boats, and be collected as shall be prescribed 
by said Corporation : Provided, however^ that the fees Proviso, 
or toll, shall at all times hereafter, be subject to the re- 
vision or alteration of the Legislature. 

Sec. 7. Be it further enacted, That it shall be the 
duty of said Corporation to make and keep in good 
repair, at all times, a good and sufficient bridge, with Draw Bridge to 
a draw, over said Canal, where the causeway now ^^^ ""^*^*'- 
crosses the marsh, which may be taken for the same, 
for the passage of teams and carriages, and every thing 
else necessary for the public convenience, toll free. 

Sec. 8. Be it further enacted, That if the said 
Corporation shall not complete a Canal, as aforesaid, 
passable for rafts and boats, drawing four or more feet 



440 W. SPRINGFIELD MIN. FUND. June 15, 1820. 

of water, within four years from and after the passing 
of this act, the same shall be void. 

[Approved by the Grovernor, June 15th, 1820.] 



CHAP. IX. 

An Act to incorporate the Trustees of the Ministerial 
Fund, in the First Parish in West Springfield. 

Sec. 1. JJE it enacted hij the Senate and House of 
Hejpresentatives, in General Court assembled, and by 
the authority of the same, That Samuel Lathrop, 
Persons incor- James Kent, and Justin Ely, all inhabitants of the 
porated. First Parisli in West Springfield, be, and they hereby 
are constituted a body politic and corporate, by the 
name of the Trustees of the Ministerial Fund, in the 
First Parish in West Springfield ; and by that name 
shall have perpetual succession ; may sue and be sued, 
plead and be impleaded, may have a common seal, 
and shall possess and enjoy such other powers and 
privileges as are incident to corporations of a like 
nature. 

Sec. 2. Be it further enacted, That the said Trus- 
tees shall have power to take and receive into their 
hands and possession, the whole of the funds at pre- 
sent belonging to said parish, and to sell the ministry 
lands, or any part thereof, belonging to said parish, 
General Pow- at sucli time, aud in such manner, as the inhabitants 
^'^ of said parish shall authorize and direct, and to make 

and execute deeds thereof to the purchasers ; and may 
receive and hold such further subscriptions, donations, 
grants, bequests, and devises as may hereafter be 
made to them, or to the inhabitants of said parish ; the 
interest of which fund shall be forever appropriated 
annually towards the support of such Congregational 
Minister as shall or may from time to time be ordained 
over the church and society in said parish ; provided^ 
however, the annual income of said fund shall not ex- 
rroviso. ceed twelve hundred dollars ; and provided also, that 



W. SPRINGFIELD MIN. FUND. June 15, 1820. 441 

if the income of the said fund shall, at any time, ex- 
ceed the amount of the annual salary of the Minister, 
the surplus may be appropriated, under a vote of the 
parish, to the promotion and encouragement of church 
music, and other parochial expenses. 

Sec. 3. Be it further enacted^ That the inhabitants 
of said parish, at any legal meeting to be called for 
that purpose, within one year from the passing of this 
act, may increase the number of Trustees, by electing, Trustees. 
by ballot, an additional number, not exceeding four, 
to those named in this act. And if the said inhabit- 
ants shall neglect to make such election, the Trustees 
herein named are hereby authorized, if they see fit, to 
choose an additional number of Trustees, so that the 
whole number shall never exceed seven. And in all 
cases, the attendance of a majority of the Board of 
Trustees shall be requisite for the transaction of bu- 
siness. 

Sec. 4. Be it further enacted, That whenever any 
vacancy shall happen among said Trustees, by death, 
resignation, removal, or otherwise, the said parish, 
at any legal meeting called for that purpose, may fill 
up the vacancy. But if the parish shall neglect to fill vacancies to be 
up any such vacancy, for the space of three months ^"^^ "P- 
after it shall happen, the said Trustees are authorized 
to elect some suitable inhabitant of said parish, to fill 
up the vacancy in their Board. 

Sec. 5. Be it further enacted, That the said Trustees 
shall appoint a Clerk, who shall be under oath, faith- 
fully to record all the votes and transactions of the 
Board ; and a Treasurer, who shall give bond to the officers. 
Trustees and their successors, Avith sufficient surety, 
Avith condition to do and perform all the duties incum- 
bent on him as Treasurer ; which officers shall hold 
their respective offices until others shall be chosen to 
succeed them. 

Sec. 6. Be it further enacted, That the records and 
proceedings of the Trustees shall at all times be open 
to the inspection of any Committee that may be ap- 
pointed for that purpose, on behalf of the parish ; and 
the Trustees shall, whenever called upon by a vote of 
the parish, make a report of the state of the fund. And 
if the said Trustees, or either of them^ shall suffer the 



442 



WILBRAHAM TURNPIKE. June 15, 1820. 



said fund to be impaired or diminished, through their 
personal misconduct or misapplication, they shall be 
severally responsible to the parish to make good such 
loss, out of their private estate. 

Sec. 6. Be it further enacted, Tliat Samuel La- 
throp. Esquire, be, and he liercl)y is authorized to call 
til si Meeting, the first meeting of the Trustees. 

[Approved by the Governor, June 15th, 1820.] 



CHAP. X. 



Persons iacor- 
porated. 



Boundaries. 



General Pow- 
ers. 



An Act to establish the Wilbraham Turnpike. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, TJiat Abel Bliss, Junior, 
William Clark, Aaron Woodward, John Adams, Jun- 
ior, Ebenezer R. Warner, Moses Burt, Pynchon Bliss, 
and John Glover, together with such others as have, 
or may hereafter associate with them, their successors 
or assigns, be, and they are hereby made a Corpora- 
tion, for making a Turnpike Road through Wilbraham, 
to the line between this State and Connecticut, begin- 
ning at the west end of First Massachusetts Turnpike, 
and extending thence in a southwesterly course, tlirou^\ 
Wilbraham Street, near to the house of John Adams, 
Junior, in said Wilbraham ; thence south, about tw en- 
ty eight degrees west, or generally in that direction, as 
shall be found by the Committee appointed to mark said 
Turnpike Road, in the most convenient place, for the 
public, through said Wilbraham, and a part of Long- 
meadow, to the line between the States of Massachu- 
setts and Connecticut, in a direction for the house of 
Calvin Hall, in Somers ; and for the purpose afore- 
said, shall have all the powers and privileges, and 
shall also be subject to all the duties, requirements and 
penalties, prescribed and contained in an act, passed 
the sixteenth day of March, in the year of our Lord 
one thousand eight hundred and five, entitled ^^an act 



BAPTIST SOC. LEICESTER. June 16, 1820. 443 

defining the general powers and duties of Turnpike 
Corporations ;'' and also of the several acts subsequent, 
and in addition thereto: Provided, however, that theProvWo. 
said Turnpike Road, from the First Massachusetts 
Turnpike to the house of John Adams, Junior, may 
be only three rods in width : And provided^ also, 
that if the said Corporation neglect to make and com- 
plete the said Turnpike Road, for the space of live 
years from the passing of this act, it shall then be void 
5fcnd of no effect. 

[Approved by the Governor, June 16th, 1820.] 



CHAP. XI. 

An Act to incorporate the Baptist Society, in Leicester. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That James Sprague, Jere- Persons inco. 
miah Pratt, Henry King, Ebenezer Dunbar, Daniel p"'^^'"" 
Woodward, Henry King, Junior, Richard Bond, 
Elkhanah Haven, Abner Dunbar, Lebbeus Turner, 
James Collar, Junior, David Parker, AYilliam Row- 
land, Daniel Muzzy, Hezekiah Stone, Nathan Crage, 
Joshua Lamb, Jacob Bond, Salem Livermore, Jona- 
than Warren, Junior, Samuel Cutler, AYillard Converse, 
and Ephraim Copeland, with their families and estates, 
together with such others as may hereafter associate 
with them, and their successors, be, and they ai'e 
hereby incorporated into a Society, by the name of the 
Baptist Society, in Leicester, with all the privileges, Genen.: Pow 
powers, rights and immunities, to which other parishes ^"^^ 
are entitled by the constitution and laws of tliis Com- 
monwealth. 

Sec. 2. Jie it further ena^ .:d, That whenever any 
person, belonging to said society, shall incline to 
withdraw therefrom, by signifying such his desire, inTemscfscce? 
writing, to the Clerk of said Baptist Society, and by ^'°" 
notifying thereof the Clerk of the town in which he 



444 BAPTIST SOC. WASHINGTON. June 16, 1820. 

resides, he, with his polls and estates, shall be dis- 
Proviso. charged from said Baptist Society : Provided, how- 
ever, that such person shall be liable to pay his 
proportion of all assessments previously made upon 
the members of said Baptist Society. 

Sec. 3. Be it further enacted, That either of the 
Justices of the Peace for the County of Worcester, 
upon application therefor, is authorized to issue his 
warrant, directed to some member of said society, re- 
Meetings, quiring him to warn the members thereof, to meet at 
such time and place, as shall be appointed in said 
warrant, to choose such officers, as parishes are, by 
law, empowered and required to choose, at their annual 
meeting, in March or April. 

[Approved by the Governor, June 16th, 1820.] 



CHAP. XII. 



An Act to establish the First Baptist Society, in 
Washington. 

Sec. 1. 13E it enacted by the Senate and House of 
.Representatives, in General Court assembled, and by 
the authority of the same. That Seneca Remington, 
Persons incor- Ezekicl Remington, Isaac Williams, Junior, Thomas 
porated. Willlams, 2d, Jedediah Bushnell, Jedediali Bushnell, 
Junior, Noah Y. Bushnell, Isaac Holmes, Jonathan 
Chapel, John Holmes, Zeruah Chapel, Henry Rem- 
ington, and John McKnight, Junior, of Washing- 
ton, in the County of Berkshire, together with those 
who have, or may hereafter associate with them, with 
their respective polls and estates, be, and they hereby 
are incorporated by the name of the First Baptist So- 
General Pow- cicty, in Washington, with all the privileges, powers and 
'^'^" immunities, and subject to all the duties which parishes 

in this Commonwealth, by law, enjoy and perform. 

Sec. 2. Be it further enacted. That whenever any 
member of said society, sliall be disposed to withdraw 



EAOLE INSURANCE COMP. June 16, 1820. 445 

his connexion from tlie same, he or she, shall produce 

a certificate from the Minister, or Clerk of the Society, 

with which he or she, wishes to become connected, 

that such person has actually associated with such Terms of scces- 

ociety, for religious worship ; which certificate shall ''°" 

be lodged Avith the Clerk of the Society from which 

he withdraws, and shall be taken as evidence of a 

change in his or her, parochial connexion : Provided, Proviso 

however, that he or she, shall pay all parochial taxes, 

from him or her, due at the time the certificate is 

lodged, his or her parochial relation shall be considered 

as altered. 

Sec. 3. Be it further enacted. That any Justice of 
the Peace, in the town of Washington, be, and he is 
hereby authorized and empowered, to issue his war- 
rant, directed to some suitable person, who shall be a 
member of said Society, requiring him to warn a meet- Meetings. 
iug thereof, at such time and place as he shall appoint 
in said warrant, to choose all such officers, as parishes 
in this Commonwealth are, by law, entitled to choose 
in the month of March or April, annually. 

[Approved by the Grovernor, June 16th, 1820.] 



CHAP. XIII. 

An Act to incorporate the Eagle Insurance Company. 

Sec. 1. JjE it enacted by the Seriate and House of 
Mejiresentatives, in General Court assembled, and by 
the authority of the same, That Zebedee Cook, Junior, Person* incor- 
Amos Binney, Ezra A. Bourne, with their associates, p^"^^*®''- 
successors and assigns, be, and they hereby are incor- 
porated into a Company and body politic, by the name 
of the Eagle Insurance Company, with all the powers 
and privileges granted to Insurance Companies, and General pow- 
subject to all the restrictions, duties and obligations*^'^ 
contained in a law of this Commonwealth, entitled "an 
act to define the powers, duties and restrictions of In- 
surance Companies," passed on the sixteenth day of 
58 



446 EAGLE INSURANCE COMP. June 16, 1820. 

February, in the year of our Lord one thousand eight 
hundred and eighteen, for and during the term of twenty 
Limitation of years after the passing of this act ; and by that name, 
Charter. jjj^y g^g g^^jj jjg g^ed, plead and be impleaded, appear, 
prosecute and defend to final judgment and execution ; 
and may have a common seal, which they may alter 
May hold Real at pleasure, and may purchase, hold and convey any 
Estate. estate, real or personal, for the use of the said Company ; 

Proviso. provided, the said real estate shall not exceed the val- 
ue of twenty thousand dollars, excepting such as may 
be taken for debt, or held as collateral security for 
money due to said Company. 
Capital Stock. Sec. 2. Be it further enacted, That the capital stock 
of said Company shall be not less than one hundred 
thousand dollars, nor more than three hundred thou- 
sand, and shall be divided into shares of one hundred 
lastaiiments. dollars eacli ; fifty per centum of which shall be paid in 
money within sixty days after the first meeting of said 
Company, and the residue in such installments, and 
under such penalties, as the President and Directors 
shall, in their discretion, direct and appoint. 

Sec. 3. Be it further enacted, That the stock, prop- 
erty, affairs and concerns of the said Company, shall be 
Bo«rd of Direct- managed and conducted by nine Directors, one of 
°^^' whom shall be President thereof, who shall hold their 

offices for one year, and until others are chosen, and 
no longer, and who shall at the time of their election, 
be stockholders and citizens of this Commonwealth, 
Election of offi- and shall be elected on the second Monday of Janua- 
^^- ry, in each and every year, at such time of the day, 

and in such place, in the town of Boston, as a majority 
of the Directors, for the time being, shall appoint ; of 
which election, public notice shall be given in two of 
the newspapers, printed in the town of Boston, and 
continued for the space of ten days, immediately pre- 
ceding such election ; and the election shall be made 
by ballot, by a majority of the votes of the stockhold- 
ers present, allowing one vote for each share in the 
Provije. capital stock ; provided, that no stockholder shall be 
allowed more than ten votes, and absent stockholders 
may vote by proxy, under such regulations as the said 
Company shall prescribe. And, if through any una- 
voidable accident, the said Directors should not be 



EAGLE INSURANCE COMP. June 16, 1820. 447 

chosen on the second Monday of Januaiy, as aforesaid, 
it shall be lawful to choose them on any other day, in 
the manner herein prescribed. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after every 
election, and shall choose, out of their body, one per- 
son to be President, who shall be sworn faithfully to 
discharge the duties of his office, and who shall pre- 
side for one year ; and in case of the death, resignation 
or inability to serve of the President or any Director, 
such vacancy or vacancies, shall be filled for the re- vacancies filled 
mainder of the year in which they happen, by a spe- "P- 
cial election for that purpose, to be held in the same 
manner as herein before directed, respecting annual 
elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five Directors in the ab- 
sence of the President, shall be a Board competent for 
the transaction of business, and all questions before 
them shall be decided by a majority of votes ; and 
they shall have power to make and prescribe such 
by-laws, rules and regulations, as to them shall ap- By-Laws, 
pear needful and proper, touching the management 
and disposition of the stock, property, estate, and ef- 
fects of said Company, and the transfer of the shares, 
and touching the duties and conduct of the several 
Officers, Clerks and Servants employed, and the elec- 
tion of Directors, and all such matters as appertain to 
the business of insurance ; and also shall have power 
to appoint a Secretary, and so many Clerks and Ser- 
vants, for carrying on the said business, and with Salaried. 
such salaries and allowances to them, and to the Pre- 
sident, as to the said Board shall seem meet : Provid- Proviso. 
ed, such by-laws and regulations shall not be repugnant 
to the constitution and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more persons, named in this act of incorporation, are 
hereby authorized to call a meeting of the said Com- Fiist Meeting. 
pany, as soon as may be, in Boston, by advertising the 
-same for two successive weeks, in two of the newspa- 
pers, printed in Boston, for the purpose of electing a 
first Board of Directors, who shall continue in office 
until the second Monday in January, in the year of 
our Lord theu next ensuing. 



448 SUPREME JUDICIAL COURT. June 16, 1820. 

Sec. 7. Be it further enacted, That the said Com- 
pany is hereby authorized to make insurance against 
fire, on such terms and conditions as the parties may 
agree, on any dwelling house or other buildings, as 
well as any other property, within the United States of 
America : Provided, that no greater sum shall be in- 
sured on any one risk of fire, than ten per centum of 
the amount of the capital stock of said corporation ac- 
tually paid in. 

[Approved by the Governor, June 16th, 1820.] 



CHAP. XIV. 

An Act to establish the Terms of the Supreme 
Judicial Court. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the terms of the Supreme Judicial 
FuUBencij. Court, whicli by law, are required to be holden by 
three or more of the Justices thereof, shall be annually 
holden at the times and places herein provided, viz : 

At Boston, within the County of Suffolk, and for 
the Counties of Suffolk and Nantucket, on the first 
Tuesday of March. 

At Lenox, Avithin and for the County of Berkshire, 
on the second Tuesday of September. 

At Northampton, within the County of Hampshire, 
and for the Counties of Hampshire, Eranklin and 
Times and pia- Hampdeu, ou the fourth Tuesday of September. 
Courts ^"^"^"'^ ^^ Worcester, within and for the County of Wor- 
cester, on the first Tuesday, next after the fourth 
Tuesday of September. 

At Cambridge, within and for the County of Mid- 
dlesex, on the second Tuesday, next after the fourth 
Tuesday of September. 

At Taunton, within the County of Bristol, and at 
Plymouth, within the County of Plymouth, alter- 



SUPREME JUDICIAL COURT. June 16, 1820. 449 

nately, beginning at Taunton, for the Counties of 
Bristol, Plymouth, Barnstable, and Dukes' County, 
on the third Tuesday, next after the fourth Tuesday Times and pia- 
of September. ^^^l '^"''^'"s 

At Dedham, within and for the County of Norfolk, 
on the fourth Tuesday, next after the fourth Tuesday 
of September. 

At Salem, within and for the County of Essex, on 
the fifth Tuesday, next after the fourth Tuesday of 
September. 

Sec. 2. Be it further enacted, That tlie term of said 
Court, herein provided to be liolden at Lenox, for the 
County of Berkshire, may be commenced by any one 
of the Justices thereof, who shall have cognizance and one Judge may 
jurisdiction of all causes, matters, and things, which ^o'^™ce bu- 
by law are cognizable by the said Court, when liolden 
by one of the Justices thereof, and may proceed to 
hear and determine, according to law, all such causes, 
matters and things, until three or more Justices of said 
Court shall be present during said term : Provided, proviso. 
that the term of said Court, which stands adjourned to 
the first Tuesday of September next, be, and the same 
is hereby abolished ; and all causes, matters and things, 
pending therein, shall stand continued to, and be heard 
and determined, at the term herein provided to be 
holden on the second Tuesday of September. 

Sec. 3. Be it further enacted, That all questions 
of law, and other matters, now cognizable in the Su- 
preme Judicial Court, at the term thereof, which was 
to have been holden at Taunton, in the County of 
Bristol, on the second Tuesday of July next, shall 
have day in, and be heard and determined by the said 
Court, to be holden in October next, by virtue of this Term aiteret?. 
act. And the said Court shall, at the same term, have 
jurisdiction of, and shall hear and determine all causes, 
civil and criminal, arising within the County of Bris- 
tol, to the same extent, and in the same manner, as if 
the said Court were holden for the said county alone, 
by virtue of former acts of the General Court ; and to 
that end, a Grand Jury shall be summoned by the 
Clerk, to attend said Court, and the Justice or Justices 
thereof, may direct venires to be issued for Traverse 
Juries, returnable on such day of said Court, or of any 



150 SUPREME JUDICIAL COURT. June 16, 1820. 

adjournment thereof, as they shall order. And all 
writs, processes, recognizances, matters and things, 
which are or may be returnable to the said Court, at 
the next term thereof, for said County of Bristol, ac- 
cording to the laws now in force, shall have day in, 
and be heard and determined at the next term thereof, 
as established by this act. And all appeals from the 
Circuit Court of Common Pleas, for said county, which 
may be claimed and allowed, before the sitting of the 
said Court, as aforesaid, shall be entered, proceeded 
upon, and determined at said term, as law and justice 
shall require. 

Sec. 4. Be it further enacted, That it shall be the 
duty of the several Clerks of the Counties of Franklin 
and Hampden, to attend the Supreme Judicial Courts, 
when holden for those counties, at Northampton, within 
the County of Hampshire, as provided by this act ; 
and to have there a docket of all such causes as may 
be pending in either of their counties and cognizable 
Courts to be by the Said Court, at Northampton, together with all 
^Mon^ ^°'*^ ^^^ ^^^ papers relating to said causes, and such copies 
as may be required by the Court ; or to transmit suck 
docket, files, papers, and copies to the Clerk of said 
Court, for the County of Hampshire. And all orders, 
decrees, and judgments of the said Courts, shall be 
entered in the docket for the county, within which the 
suit is pending, to which such orders, decrees, or judg- 
ments may relate, by the Clerk of the same county, if 
attending, otherwise by the Clerk of the said County of 
Hampshire ; and such dockets, together with the files 
and papers aforesaid, shall, after the rising of said 
Court, be forthwith remitted to the Clerk of the county 
to which they may pertain, who shall record all the 
judgments and proceedings of the Courts, relating to 
suits or other matters, pending in his county, and shall 
issue executions, and other proper process thereon, in 
like manner as if the same had been transacted in the 
county for which he is the Clerk ; and all fees paya- 
ble to the Clerk, for services at said Court, shall be 
received by the Clerk by whom such services shall be 
performed. 

Sec. 5. Be it further enacted, That whenever, by 
reason of sickness, accident, or any unforeseen cause, 



SUPREME JUDICIAL COURT. June 16, 1820. 451 

three of the Justices of the said Court, shall not have 
arrived at the place appointed for holding the same, 
in due season for the opening thereof, it shall be law- 
ful for any one of the said Justices, to cause the Court 
to be opened, and to proceed in, and transact all such 
business as may be proceeded in, and transacted at any courts may ad 
term of said Court holden by one Justice thereof. And J^"'"- 
if from the causes aforesaid, at any term, to be holden 
by virtue of this act, neither of the Justices shall ar- 
rive before sunset of the day on which the Court should 
open, the Sheriff of the county, wherein the same is to 
be holden, or in his absence, any Deputy Sheriff of 
said county, shall, by proclamation, posted up on the 
door of the Court House, adjourn the Court from day 
to day, until one of the Justices thereof shall arrive. 

Sec. 6. Be it further enacted. That hereafter, the 
terms of the Supreme Judicial Court, which may, by 
law, be holden by one or more of the Justices of said 
Court, shall be holden annually, for the several coun- 
ties, at the times and places following, viz : 

At Dedham, within and for the County of Norfolk, 
on the third Tuesday of February. 

At Concord, within and for the County of Middle- 
sex, on the fourth Monday of March. 

At Ipswich, within and for the County of Essex, and 
at Worcester, within and for the County of Worcester, Times of hoid- 
on the sixth Tuesday, next after the first Tuesday of ^"^ ^°"''*'- 
March. 

At Greenfield, within and for the County of Frank- 
lin, and at Taunton, within and for the County of 
Bristol, on the seventh Tuesday, next after the first 
Tuesday of March. 

At Nortliampton, within and for the County of 
Hampshire, on the eighth Tuesday, next after the first 
Tuesday of March. ' 

At Springfield, within and for the County of Hamp- 
den, and at Barnstable, within and for the Counties of 
Barnstable and Dukes' County, on the ninth Tuesday, 
next after the first Tuesday of March. 

At Lenox, within and for the County of Berkshire, 
and at Plymouth, within and for the County of Ply- 
mouth, on the tenth Tuesday, next after the first Tues- 
day of March. 



452 SUPREME JUDICIAL COURT. June 16, 1820. 

Times and pia- At Boston, witliiii aiitl for the County of Suffolk, 

couS ''°''^'"^and for the Counties of Suffolk and Nantucket, on the 
sixth Tuesday, next after the fourth Tuesday of Sep- 
tember. 

Sec. 7. Be it further enacted, That it shall be law- 
ful, in all writs, processes, records and judicial pro- 
ceedings, civil and criminal, to express and designate 

Designation of the Tuesday on which any of the terms are to be holden 
''^^' by virtue of this act, by the Tuesday of the month in 

which the same shall happen. 

Sec. 8. Be it further enacted, That whenever any 
indictment for a capital offence, shall be found at any 
term of said Court, holden by one Justice thereof, it 
shall be lawful for the Court to cause the person in- 
dicted to be arraigned, and if any person so indicted 

Confessions, sliall, by plea in common form, confess himself or her- 
self guilty, to award sentence according to law ; and if 
such person shall deny the charge, and put himself or 
herself upon trial, the Court so holden, may assign 
counsel, and order and take all measures preparatory 
for trial, in the same manner as if the same Court were 
holden by three or more Justices thereof. 

Sec. 9. Be it further enacted, That whenever the 
Supreme Judicial Court, at any term thereof, shall be 
adjourned to any future day, it shall be laAvful for the 
Justices, or any one thereof, to cause the Grand Jurors 
who where duly returned and sworn at the beginning of 

Jury Summons, the term, to be summoned anew, to attend at the adjourn- 
ment; and it shall be the duty of the said Grand Jurors 
to attend accordingly. And all crimes and offences hap- 
pening before said adjourned session, may be presented 
by said Grand Jury so assembled, and heard and deter- 
mined by the Court, in the same manner as they might 
be at any regular term. And all appeals in civil ac- 
tions, claimed and allowed in any C5ourt of Common 
Pleas, for any county, within which the Court may 
be so holden by adjournment, may be entered, proceed- 
ed upon, and determined, at such adjourned term in 
like manner. 

Sec. 10. Be it further enacted, That all causes of 

Divorces. alimouy and divorce, may be heard and tried by the 
said Court, when holden by one Justice thereof, saving 
the right to the parties to except to the opinion of said 



CONVENTION. Jime 16, 1820. 453 

Justice, in any matter of law, in the same manner as 
is provided in suits at common law. And all acts and 
laws, heretofore passed, relating to the subjects herein 
provided for, so far as they are repugnant to, or incon- 
sistent with the provisions of this act, are hereby re- 
pealed : Provided, nevertheless, that this act shall not 
take effect in the Counties of Barnstable, Dukes' Coun- 
ty, and Plymouth, except in relation to the law term 
for those counties, until the year one thousand eight 
hundred and twenty-one ; bat that the terms of the said 
Court shall be holden for those counties in the month 
of October next, in the same manner as if this act had 
not passed. 

[Approved by the Governor, June 16th, 1820.] 



CHAP. XV. 

An Act relating to the calling of a Convention of Del- 
egates of the People, for the purpose of Revising 
tlie Constitution. 

Sec. 1. IjK it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That the inhabitants of the 
several towns, districts, and places within this Com- 
monwealth, qualified to vote for Senators or Repre- Qualification of 
sentatives in the General Court, shall assemble in reg- ^'^^^"• 
ular town meetings, to be notified in the usual manner, 
on the third Monday in August next, and shall, in 
open town meeting, give in their votes, by ballot, on 
this question: "Is it expedient, that Delegates should Question of 
be chosen, to meet in Convention, for the purpose of ^°'^^- 
revising, or altering the Constitution of Government of 
this Commonwealth ?" And the Selectmen of the said 
towns and districts, shall, in open town meeting, re- 
ceive, sort, count, and declare, and the Clerks thereof 
shall, respectively, record the votes given for and 
against the measure ; and exact returns thereof shall 
59 



454 CONVENTION. June 16, 1820. 

be made out, under the hands of a majority of the Se- 
lectmen, and of the Clerk, who shall seal up, and 
deliver the same to the Sherift' of the county, within 
one week from the time of meeting, to be by him trans- 
Votes to be re. mitted to the office of the Secretary of the Common- 
wealth, on or before the second Monday in September 
next ; or the Selectmen may themselves transmit the 
same to said office, on or before tlie da^^ last mentioned ; 
and all returns not then made, shall he rejected in the 
counting. And the Governor and Council shall open 
and examine the returns, made as aforesaid, and count 
the votes given on the said question ; and the Grovernor 
shall, by public proclamation, to be made on or before 
the third Monday in said montli of September, make 
Declaration of kuowu the rcsult, by declaring the number appearing 
in favor of choosing Delegates for the purpose afore- 
said, and the number of votes appearing against the 
same : And if it shall appear, that a majority of the 
votes given in, and returned as aforesaid, are in favor 
of choosing Delegates as aforesaid, the same shall be 
deemed and taken to be the will of the people of the 
Commonwealth, that a Convention should meet ac- 
cordingly ; and in case of such majority, the Governor 
Election of Del- shall Call upou tlic people to elect Delegates to meet 
egates. ^^ Couveutiou, iu the manner hereinafter provided. 

Sec. 2. Be it /wither enacted, That if it shall be 
declared by the said proclamation, that the majority 
of votes as aforesaid, is in favor of choosing Delegates, 
as above mentioned, the inhabitants of the several towns 
and districts within the Commonwealth, now entitled 
to send one or more Representatives to the General 
Terms of Eiec- Court, shall, ou ^he third Monday in October next, 
assemble in town meeting, to be duly notified by 
warrant from the Selectmen, and shall elect one or 
more Delegates, not exceeding the number of Repre- 
sentatives to which such town is entitled, to meet Del- 
egates from other towns in Convention, for the purposes 
hereinafter expressed : And at such meeting of the 
inhabitants, every person entitled to vote for Repre- 
sentatives in the General Court, shall have a right to 
vote in the choice of Delegates ; and the Selectmen 
shall preside at such elections; and shall, in open 
meeting, receive, sort, count, and declare the votes. 



CONVENTION. June 16, 1820. 455 

and the Clerk shall make a record thereof, fair copies 
of whichj attested by the Selectmen and Clerk, shall 
be seasonably delivered to each person chosen a 
Delegate as aforesaid. And all laws now in force, 
regulating the duty and conduct of Town Officers, 
Sheriffs, Magistrates, and Electors, in the elections of 
Grovernor, Lieutenant Grovernor, Counsellors and Sen- 
ators, and Representatives, shall, as far as applicable, 
apply and be in full force and operation as to all meet- 
ings holden, and elections and returns made under 
this act, or which, by this act, are required to be 
holden or made, and upon the like forfeitures and 
penalties. 

Sec. 3. Be it further enacted^ That the persons so 
elected Delegates, shall meet in Convention, in the 
State House, in Boston, on the third Wednesday in 
November next; and they shall be the judges of the Powers of Dei- 
returns and election of their own members, and may*"'^^®"" 
adjourn from time to time, and one hundred of the 
persons elected, shall constitute a quorum for the 
transaction of business ; and they shall proceed as 
soon as may be, to organize themselves in Convention, 
by choosing a President, and such other officers as 
they may deem expedient, and by establishing proper 
rules of proceeding ; and when organized, they may 
take into consideration the propriety and expediency 
of making any, and if any, what, alterations or amend- 
ments in the present Constitution of Government of the 
Commonwealth ; and such amendments, when made 
and adopted by the said Convention, shall be submit- 
ted to the people for their ratification and adoption, in Doings submit- 
such manner as the said Convention shall direct ; and p^g "^ *-^^ ^^°' 
if ratified by the people in the manner directed by the 
said Convention, the Constitution shall be deemed and 
taken to be altered or amended accordingly ; and if 
not so ratified, the present Constitution shall be and 
remain the Constitution of Government of this Com- 
monwealth. 

Sec. 4. Be it further enacted^ That the said Con- 
vention shall establish the pay or compensation of its Pay of Deie- 
officers and members, and the expense of its session ; ^^'^" 
and His Excellency the Governor, by and with the 



456 STUDENTS EXEMPTED. Jmie 16, 1820. 

advice and consent of tlie Council, is authorized to 
draw his warrant on the Treasurer therefor. 

Sec. 5. Be it further enacted, That the Secretary 
of the Commonwealth, be, and he hereby is directed, 
forthwith, after the passage thereof, to transmit printed 
Proclamation copies of this act, to the Selectmen of every town and 
DeiegaTes"^ district withiu the said Commonwealth ; and whenever 
the Governor shall issue his proclamation, calling upon 
the people to elect Delegates, to meet in Convention, 
as aforesaid, the said Secretary shall also, immediately 
thereafter, transmit printed copies of said proclamation, 
attested by himself, to the Selectmen of every town 
and district in said Commonwealth. 

[Appi'oved by the Grovernor, JUne 16th, 1820.] 



CHAP. XVI. 

An Act to exempt Students from Military Duty. 

JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled^ and by 
the authority of the same, That from and after the 
passing of this act, all Students of Incorporated Acad- 
emies, within this Commonwealth, while actually at- 
tending the same, except such Students as belong to 
the town in which such Academy is situated, are here- 
by exempted from performing military duty, any thing 
in the act, passed on the sixth day of February, in the 
year of our Lord one thousand eight hundred and ten, 
entitled, "an act for regulating, governing and training 
the militia of this Commonwealth," to the contrary 
notwithstanding. 

[Approved by the Grovernor, June 16th, 1820.] 



ESSEX STREET CHURCH. June 16, 1820. 457 

CHAP. XVII. 

An Act to incorporate the Essex Street Church. 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That Nathan Parker, James Persons incor- 
Millidsrej Joshua Bean, and Joseph Morton, inhabit- 1'°'^^^'^- 
ants of the Town of Boston, their associates, successors 
and assigns, be, and they hereby are incorporated and 
made a body politic and corporate, by the name of the 
Essex Street Church. 

Sec. 2. JSe it further enacted, That said Corpora- 
tion may have and use a common seal, and the same 
may break, alter, and renew, at pleasure ; shall be 
capable of suing and being sued, in any actions, real. General Pow- 
personal and mixed, in any Court proper to try the*^'^' 
same ; shall and may, take and hold, in fee simple, or 
otherwise, by gift, grant, devise or purchase, any es- 
tate, real or personal, the aggregate annual income of 
which shall not exceed four thousand dollars, and may 
sell and dispose thereof at pleasure. 

[Approved by the Grovernor, June 16th, 1820.] 



CHAP. xvin. 

An Act to annex Asa Parker and Elijah Saundersou 
to the Second Congregational Parish, in Deerfield. 

IJE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That Asa Parker and Eli- Persons set off 
jah Saunderson, of Whately, in the County of Frank- 
lin, together with their polls and estates, be, and they 
hereby are set off, for parochial purposes only, from 
the Congregational Society, in the Town of Whately. 
and annexed to the Second Congregational Parish, in 



458 

Privileges. 
Proviso. 



CONG. PARISH, NATICK. 



June 16, 1820. 



JDeerfield, in said county ; and shall enjoy all the priv- 
ileges and immunities, and be subject to all the require- 
ments that the members of said Second Parish in 
Deerfield are now subject to : Provided, that the said 
Asa Parker and Elijali Saunderson, shall be holden 
to pay all taxes due from them, to the said Congrega 
tional Society, in Whately. 

[Approved by the Governor, June 16th, 1820.] 



CHAP. XIX. 

An Act to incorporate the First Congregational Parish, 
in Natick. 

Sec. 1. DE it enacted bij the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That all the inhabitants of 
the Town of Natick, with all the lands in the said 
town, except such inhabitants, and such lands, as do, 
by law, belong to some other parish, or religious soci- 
ety, or are exempt, by law, from parish charges, in the 
said Town of Natick, be, and they are hereby incor- 
Parish incor- porated iuto a Parish, by the name of the First Con- 
poration. grcgatioual Parish, in Natick; subject to all the duties, 
and vested with all the powers and privileges, to which 
parishes are entitled, by the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That the said First 
Congregational Parish shall be deemed, and taken to 
be successor to the said Town of Natick, as far as 
relates to parochial proceedings, and successor to the 
inhabitants of the said town, heretofore acting as a 
parish or society, in all their parish rights, and subject 
to all contracts and obligations of a parochial nature, 
which may have been made, either by the said town, 
or said inhabitants. And all the votes and proceed- 
ings of the said Town of Natick, relative to parochial 
aft'airs, and the votes and proceedings of the said in- 



CONG. PARISH, NATICK. June 16, 1820. 459 

habitants, of a parochial nature, under whatever name 

they may have acted, are hereby coniirmed, and made 

valid, to all intents and purposes, as if the same votes Legality of pi ef- 

and proceedings had been done in a legal meeting of *^*'^''"'°*' 

an incorporated parish. 

Sec. 3. Be it further enacted, That so much of an 
act, passed the twenty-second day of June, in the year 
of our Lord one thousand eight hundred and twelve, 
entitled " an act to authorize the Town of Natick to 
sell the Ministry Lands, and to appropriate the pro- 
ceeds thereof towards the Ministerial Funds, and to 
appoint Trustees for the management thereof,'' as is 
contrary, or inconsistent with the provisions of this 
act, be, and hereby is repealed ; and in lieu of the 
Board of Trustees, as is provided in the said act, the 
Deacons of the Church, and the • Parish Committee, 
with the Treasurer and Clerk of the Parish, for the 
time being, be, and they are hereby constituted and 
appointed Trustees of the Fund, which now is, or may power of Tms- 
hereafter be accumulated, for the support of the Min- ^^'^-• 
istry in the said parish ; and who shall be held re- 
sponsible therefor ; and shall render an account of the 
state of the said fund, annually, to the said parish, at 
their annual parish meeting. 

Sec. 4. Be it further enacted. That in pursuance 
of this act, the first meeting of the said parish, shall 
be convened by a warrant, to be issued by any of the 
Justices of the Peace, in the County of Middlesex, 
directed to a freehold inhabitant of said parish, requir- 
ing him to notify and warn the members thereof, to 
meet at such convenient time and place, as shall be First Meeting. 
appointed, in said warrant, to organize the said Trus- 
tees, and to do all other business, which may then and 
there be necessary and proper to be done. 

[Approved by the Governor, June 16th, 1820.] 



460 COURT OF COMMON PLEAS. June 17, 1820. 



CHAP. XX. 

An Act to annex Leonard Hyde and Lucy Gould to 
the Third Parish, in Koxbury. 

XfE it enacted by the Senate and House of 

liepresentatives, in General Court assembled, and by 

* the authority of the same. That Leonard Hyde and 

Persons sot off. Lucy Gould, with their families and estates, be, and 

they are hereby set off from the first, and annexed to 

Proviso. the Third Parish, in ^oxhury ', provided, that the said 

Leonard Hyde and Lucy Gould shall be holden to pay 

their respective proportion of taxes assessed, and due 

to the said First Parish, prior to the date of this act. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXL 

An Act to authorize a Special Session of the Courts of 
Common Pleas. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the Justices of the 
several Circuit Courts of Common Pleas, and the Judge 
of the Boston Court of Common Pleas, within this Com- 
mouAvealth, be, and they hereljy are respectively au- 
thorized and empowered to hold a special session of 
Special Session, their respective Courts, in any county within their re- 
spective jurisdictions, at such times as they may think 
expedient, for the purpose of administering such oaths 
and affirmations to pensioners of the United States, and 
for transacting such other business, pertaining thereto, 
as are required by a law of the United States, passed 
on the first day of May, in the year of our Lord one 
thousand eight hundred and twenty, entitled " an act 
in addition to an act to provide for certain persons en- 



FISHERY. June 17, 1820. 461 

gaged in the land and naval service of the United States, 
in the revolutionary war/' passed on the eighteenth 
day of March, in the year of our Lord one thousand 
eight hundred and eighteen. 

Sec. 2. Be it further enacted, That a special ses- 
sion of any Circuit Court of Common Pleas, or of the 
Boston Court of Common Pleas, for the purposes afore- 
said, may be notified in such manner as the Justices 
thereof shall think proper; and the same maybe held, 
and all the business aforesaid transacted by any one 
or more of said Justices, or the Judge thereof, who 
may also adjourn the Court so holden, from time to Adjournment. 
time, as the business thereof shall require : Provided, 
however, that neither the Commonwealth, nor any Proviso. 
county, shall be liable for any expense incurred by 
reason of any such special session of said Court, or 
the adjournment thereof. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXII. 

An Act to suspend the operation of the seventh section 
of an Act, entitled " An Act further regulating the 
Fishery in the Merrimack River, and the streams 
running into the same.'' 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the seventh section of 
an act, entitled '^ an act further regulating the Fishery 
in the Merrimack River, and the streams running into 
the same," passed on the eighteenth day of June, in 
the year of our Lord one thousand eight hundred and 
nineteen, be, and the same hereby is suspended in its 
operation, until the first day of April next. 

[Approved by the Governor, June 17th, 1820.] 
60 



462 



LINN^AN SOCIETY. 



June 17, 1820. 



CHAP. XXIIl. 



Persons incor- 
porated. 



General Pow- 
ers. 



Bv Laws, 



May hold real 
estate. 



Limitation of 
real estate. 



All Act to incorporate the LiiinsBan Society of Nevv 

England. 

Sec. 1. xSe it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Jacob Bigelow, John 
Davis, William S. Shaw, George Hay ward, and John 
W. Webster, with their associates, together with such 
other persons as shall, from time to time, be duly ad- 
mitted members of the Corporation hereby created, be, 
and they hereby are formed into, and constituted a 
body politic and corporate, under the name of the Lin- 
nsean Society of New England, for the purpose of 
promoting the science of natural history. 

Sec. 2. Be it farther enacted, That the members of 
said Society shall have power to elect a President, and 
all other necessary officers ; and that the said Society 
shall have one common seal, and the same may break, 
change, and renew at pleasure ; and that the same 
Society, by the name aforesaid, may sue and be sued, 
prosecute and defend suits to final judgment and exe- 
cution. 

Sec. 3. Be it farther enacted, That the said Society 
shall have power to make orders and by-laws for the 
election and governing of its members, and for manag- 
ing its property, not repugnant to the laws of this Com- 
monwealth ; and may expel, disfranchise, or suspend 
any member for a breach of the same. 

Sec. 4. Be it further enacted, That the said Society 
shall be capable to take and hold real or personal estate, 
by gift, grant, devise or otherwise, and the same, or 
any part thereof, to alien and convey ; Provided, that 
the annual income of any real estate, by said Society 
liolden, exclusive of the building or buildings which 
may be actually occupied or used by said Society, for 
the scientific purpose aforesaid, shall not exceed the 
sum of two thousand dollars, and that the personal 
estate of said Society, exclusive of books, papers, and 



BUTTER AND LARD. June 17, 1820. 463 

aTticles in their museum, shall not exceed, in yearly 
value, the sum of three thousand dollars. 

Sec. 5. Be it further enacted, That the persons 
herein hefore named, or any three of them, shall have 
power to call the first meeting of the members of said First Mectiijg. 
Society, in such manner as they may think proper. 

[Approved by the Grovernor, June 17th, 1820.] 



CHAP. XXIV. 

An Act to annex the Estate of Henry Ware to the 
Town of Cambridge. 

JjE it enacted by the Senate and House of- 
MepresentativeSf in General Court assemUed, and by 
the authority of the same, That so much of the real 
estate of Henry Ware, Professor of Divinity, in Har- Lands i5et oft. 
vard University, as lies within the limits of the Town 
of Charlestown, in the County of Middlesex, be set 
off from the said Town of Charlestown, and annexed 
to the Town of Cambridge. 

[Approved by the Grovernor, June 17th, 1820.] 



CHAP. xx;v. 

An Act to correct and improve tlie method of Inspect- 
ing Butter and Lard, in this Commonwealth. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, it shall be the duty of the Inspector 
General, and his Deputies, to return, forthwith, the ^^^^^ '"*■"'''*' 
butter or lard drawn out of any cask, firkin, or keg, 
with the searcher used for ascertaining its quality. 

[Approved by the Grovernor^ June 17th, 1820.] 



464 SIXTH MASS. TURNPIKE. June 17, 1820. 

CHAP. XXV I. 

An Act relating to the Sixth Massachusetts Turn- 
pike Corporation. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
first day of September next, the proprietors of the 
Sixth Massachusetts Turnpike Corporation, shall have 
Road discon- leave to discontinue all that part of the west end of 
their road which lies in the "^Powns of Pelham and 
Grreenwich, in the County of Hampshire ; and they 
hereby are, from and after the first day of September 
next, forever discharged from repairing and maintain- 
ing the same. 

Sec. 2. Be it further enacted, That the said pro- 
Gate removed, prietors shall have leave to remove their lower gate in 
the Town of Holden, to any distance, not exceeding 
half a mile, westerly of the place where it now stands. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXVII. 

An Act to provide for an additional Term of the Court 
of Sessions in the County of Essex. 

JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authointy of the same, That from and after the 
passing of this act, there shall be three terms of the 
Court of Sessions, holden within and for the County 
of Essex, to wit : At Ipswich, on the second Tuesday 
Terms of Court, of April ; at Salem, on the second Tuesday of July ; 
and at Newburyport, on the second Tuesday of Octo- 
ber, any thing in the act establishing said Court of 
Sessions, to the contrary notwithstanding. 

[Approved by the Grovernor, June 17th; 1820.] 



TAXING OF PEWS. June 17, 1820. 465 



CHAP. XXVIII. 

An Act authorizing the taxing of Pews in the Meet- 
ing House of the Congregational Society, in the 
Town of Edgarton, in the County of Dukes' County. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled^ and by 
the authority of the same, That tlie inhabitants of the 
Congregational Society, in the Town of Edgarton, in 
the County of Dukes' County, be, and they hereby are 
empowered to raise three fourth parts of any sum of 
money, which said inhabitants of said Congregational 
Society, may, at any legal meeting, called for that 
purpose, vote to raise, for the purpose of repairing 
said Congregational Meeting House in said town, by 
a tax on the pews on the lower floor in said house ; Taxes to Le 
the remaining fourth part of said repairs being assess- "'"''''■ 
ed on the inhabitants of said Congregational Society. 

Sec. 2. Be it further enacted. That for the equita- 
ble apportionment of the taxes to be assessed on said 
pews, the inhabitants of said Society shall cause a 
valuation thereof to be made by a Committee, to be 
chosen by them for the purpose ; and the report of 
that Committee, stating the value and number of said 
pews, shall, when accepted and recorded, be binding 
on all persons interested ; and the sums voted to be 
raised on said pews, shall be apportioned and assessed Apportionment 
thereon by the Assessors, for the time being, according °' ^'''^'''' 
to such valuation. 

Sec. 3. Be it further enacted, That the Assessors 
of said Congregational Society shall make out a fair 
list of the taxes assessed on the pews, according to this 
act, and commit said list to the Treasurer of said Con- 
gregational Society, to collect and receive the same. 
And it shall be the duty of the Treasurer aforesaid, as 
soon as may be, after receiving said list, to give notice 
thereof, by posting up a copy of said list, at said meet- 
ing house door, stating the number of each pew, and 
the amount of the tax set against it, with a notification 
thereon written, for persons interested in said pews to 



466 TAXING OF PEWS. June 17, 1820. 

pay the tax upon the same within thirty days from the 
date of said notification. And if the tax upon any pew, 
Time oi paying shall Hot be paitl to the Treasurer aforesaid, withiu 
thirty days, according to his notification as aforesaid, 
it shall be the duty of the Treasurer, and he is hereby 
May sell pews autliorized to sell the peAv on whicli such tax, or any 
pay axes. ^^^^^ ^^ .^^ shall rcmaiu unpaid, at public auction, to 
tlie highest bidder ; and his deed of the same to the 
purchaser, recorded in the records of said Congrega- 
tional Society, shall give to the purchaser a perfect 
right and title to said pew, and he shall afterwards be 
Proviso. considered the legal owner thereof; j^^ovided^ said 

Treasurer shall give ten days previous notice of the 
time and place of sale, by posting one advertisement 
on the door of said meeting house, and one other in 
some public place in said Town of Edgarton, stating 
the number of the pew to be sold, and the tax due 
thereon ; and, provided^ also, that the original owner 
of said pew, within one year from the sale of said pew, 
Time for le- shall have liberty to redeem the same, by paying the 
^mption. ^^^ assessed on the same, with the charges ; which sum 
being paid, the purchaser shall reconvey the same to 
the original owner, in the same manner as mortgagees 
are compelled to reconvey land mortgaged, on payment 
of the redemption money. 

Sec. 4. Be it further enacted^ That the Treasurer 
Sales may be aforesaid, shall have power to adjourn the sale, if he 
postponed. gj^all judge uecessary, not exceeding four days from 
the first notification ; and in all cases, he shall pay 
over, on demand, to the former owners of pews, the 
balance in his hands arising from said sales, after de- 
ducting the taxes due, and his reasonable charges foi- 
advertising and selling the same. 

[Approved by the Governor, June 17th, 1820.1 



N. AND B. TURNPIKE CORP. June 17, 1820. 467 



CHAP. XXIX. 

Au Act in further addition to the several acts, estab- 
lishing the Norfolk and Bristol Turnpike Corpora- 
tion. 

Sec. 1. JjE it enacted hij the Senate and House of 
MepresentativeSf in General Court assembled^ and by 
the authority of the same, That the Norfolk and 
Bristol Turnpike Corporation be, and they are hereby Gates to be 
authorized and empowered, to erect a gate, west of*'"^*'^'''''- 
where the old road intersects said turnpike, near Mill 
Creek, and within seven rods of said intersection ; and 
all persons travelling on the part of the said turnpike, 
between the house of Martin Gray, in said Dedham, 
and the place where said turnpike intersects the old 
road, as aforesaid, and choosing there to turn off the 
said turnpike, and travel the old road ; also, all per- 
sons who may be travelling the old road, and shall 
choose to take the turnpike at the said intersection, and 
shall enter and travel thereon, shall, with their car- 
riages, teams, sleys, horses, or cattle, be liable to pay, 
and said Corporation shall be entitled to demand and 
receive of them, one half as much toll as they would Halt ToH 
be entitled to receive at either of their gates, now 
erected between Dedham and Boston ; but every per- 
son who shall have travelled up the turnpike, and 
passed the next gate below, or shall travel down tlie 
turnpike, and not choose to turn off, and travel the old 
road, shall be wholly exempt from paying toll at this Exemption- 
gate. 

Sec. 2. Be it further eyiacted. That the said Cor- 
poration be, and they are authorized and empow- 
ered, to erect another gate, west of where the Walk New Gate. 
Hill, or Canterbury road strikes said turnpike, on the 
northerly side thereof, and communicates with the old 
road, and within seven rods of said point : and all 
persons travelling on the part of said turnpike, between 
the house of Reed Taft, in Roxbury, and the point 
aforesaid, and choosing to turn off northerly, on said 
Walk Hill, or CanterTjury road, and pass on to the 



468 



SALE OF SCHOOL LANDS. 



June 17, 1820. 



Half Toll. 



old road ; also, all persons who may be travelling on 
the old roadj and shall choose to turn on to said Walk 
Hill, or Canterbury road, and so enter on said turnpike, 
and travel thereon, shall, with their carriages, teams, 
sleys, horses or cattle, be liable to pay, and said Cor- 
poration shall be entitled to demand and receive of 
them, one half as much toll as they would be entitled 
to receive of them, at either of their said gates, between 
Boston and Dedham ; but every person who shall have 
travelled up the turnpike, and passed the next gate 
below, or who shall travel down the turnpike, and not 
choose to turn oif at said Walk Hill, or Canterbury 
road, shall be wholly exempt from paying toll at this 
gate. Provided^ nevertheless, that the proprietors of 
the said turnpike, shall not demand of any person who 
may enter upon said turnpike, at any road below Stony 
River Brook, in Roxbury, and pass down, or may 
come up the turnpike, and turn off at any of the roads 

Quarter Toll, below Said brook, any more than one quarter toll, any 
law to the contrary notwithstanding. And no person, 

Exemptions. Specially exempted from paying toll, by either of the 
acts to which this is in addition, shall be liable to pay 
toll by virtue of this act. 

[Approved by the Governor, June 17th, 1820.] 



Proviso. 



CHAP. XXX. 



Trustees. 



An Act to authorize the sale of School Lands, in the 
Town of Hopkiuton. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That Thomas Bucklin, Na- 
than Phipps, Joseph Valentine, Moses Chamberlain, 
Sampson Bridges, Fisher Metcalf, and Elijah Fitch, 
be, and they are hereby appointed Trustees, to sell all 
the lands, formerly given by the Trustees of Hopkins' 
Donation, for the support of schools in said Town of 



SALE OF SCHOOL LANDS. June 17, 1820. 469 

Hopkintoii, in the County of Middlesex ; and the 
money arising from the sale of said lands, to be put 
out at interest, in manner hereinafter directed ; and the 
said Trustees are liereby created, and shall be known 
hereafter, in law, a body politic and corporate, by the 
name of the Trustees of the School Fund in the Town 
of Hopkintou ; and they, and their successors in of- 
fice, shall have and use a common seal, and by the Trustees to 
name aforesaid, may sue and be sued, in all actions, powers!'^°^^ *^ 
real, personal, and mixed, and prosecute and defend 
the same to final judgment and execution ; and shall 
exercise all other powers and privileges, usually given 
to, and exercised by corporations of a like nature. And 
the said Trustees, and their successors in ofiice, shall 
annually elect, by ballot, a President, to preside at May choose 
their meetings, and a Clerk to record the doings of tlie'^*'^^'^'* 
said Trustees, in a book or books, for that purpose to 
be provided and kept at the expense of the town ; and 
at the same meeting they shall also elect a Treasurer, 
to receive and apply the monies belonging to the said 
fund, to the amount, and in the time and manner, 
which the said Trustees may, from time to time, di- 
rect; and all the said officers shall be sworn to the officers to be 
faithful performance of their several duties ; andthe*"°™ 
said Trustees shall also have power to appoint an 
agent, from time to time, as they shall judge neces- 
sary. 

Sec. 2. Be it further enacted, That the number of 
Trustees shall never be less than five, nor more than 
seven, a major part of which Trustees, for the time 
being, may form a quorum for doing business ; and the 
inhabitants of said town of Hopkinton, at any legal 
meeting, notified for that purpose, shall fill up any 
vacancy, or vacancies, which may happen in said vacancies to be 
Board of Trustees, from among the freeholders of the 
said towii ; and the said inhabitants, in legal town 
meeting, notified as aforesaid, shall also have power 
to remove, by voting and declaring vacant the place officers may be 
of a Trustee, or any other oflBcer, who, by reason of ^®'"°""^ 
age, infirmity, misconduct, or any other cause, may 
become unable or unfit to discharge their several du- 
ties, and supply the vacancy so happening, by a new 
choice ; and the said Trustees and Treasurer shall 
61 



470 



SALE OF SCHOOL LANDS. 



June 17, 1820. 



Disposition of 
monej. 



annually make report of their doings, and the state of 
the funds. 

Sec. 3. JSe it f mother enacted^ That the said Trus- 
tees, or a major part of them, be, and they are hereby 
authorized and empowered to sell and convey, in fee 
Ma} sell lands, siuiplc, all, or any part, of the said lands, and to 
make, execute and acknowledge a good and sufficient 
deed, or deeds, thereof; which deed, or deeds, sub- 
scribed by their President, and countersigned by 
their Clerk, by the direction and order of tlie said 
Trustees, or a major part of them, with the seal of 
said Corporation thereunto affixed, (approbation of the 
town for said sale being first had,) shall be good and 
valid in law, to pass and convey the fee simple of 
said lands, from said town, to the purchaser or pur- 
chasers thereof, to all intents and purposes, whatso- 
ever. And all the monies, arising from the sale of 
the lands aforesaid, together with all subscriptions, 
donations, or bequests, shall be put to use as soon as 
may be, and secured by mortgage on real estate, to 
double the amount of property sold, or money loaned, 
or by one or more sureties, with the principal, or vest- 
ed in public funded securities, or bank stock, at the 
discretion of said Trustees. 

Sec. 4. Be it further enacted. That the Treasurer 
of said Corporation shall give bond to the said Trus- 
tees, for tlie faithful performance of his trust, accord- 
ing to the true intent and meaning of this act, and 
shall be responsible for any neglect or misconduct in 
his office : and the said Trustees, and each of them, 
shall be responsible to the town for their personal 
negligence or misconduct, whether they be officers or 
not ; and the loss or damage which may thereby 
happen to the said fund, shall be recovered by an ac- 
tion of debt, or on the case, at the suit of the town, in 
any Court, competent to try the same ; and the sum so 
recovered, shall be replaced to the said fund, and the 
said Trustees, and all the other officers of said Cor- 
poration, may receive such compensation for their 
services, as the town may judge reasonable ; but no 
part of such compensation shall ever be made out of 
the said fund, interest or profits thereof. And it shall 
never be in the power of the said town to alienate, 



Treasurer to 
give bonds. 



Responsibility 
of Trustees. 



Compensation 
to officers. 



SEC. SOC. IN WALTHAM. June 17, 1820. 471 

change, or vary the appropriation of the said fund from 
its original design and use, towards the support of the 
public free schools in the said Town of Hopkinton. 

Sec. 5. Be it further enacted, That any Justice of 
the Peace for the County of Middlesex, upon applica- 
tion made to him by three of the Trustees, is author- 
ized to issue his warrant to one of the Trustees before 
named, requiring him to notify and warn the first 
meeting of said Trustees, at such convenient time and First Meeting. 
place as shall be appointed in said warrant, to orga- 
nize the Corporation by the appointment of its officers. 

Sec. 6. Be it further enacted, That said Trustees, 
at the first legal meeting thereof, under this act, and at 
any subsecpient legal meeting, may make and establish 
such by-laws, rules and regulations, not repugnant to By-Laws. 
the constitution or laws of this Commonwealth, as 
shall be found expedient for the management of their 
concerns ; and may appoint such officers, and assign 
them such duties, as the interest of the Trustees may 
require. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXXI. 

An Act to incorporate the Second Religious Society, 
in Waltham. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That Paul Moody, Abel B. Persons incor- 
Richardson, Jonathan C. Morrill, Asahel Adams, Da- p°''^*^'^- 
vid Townsend, Uriah Hagar, Phineas Adams, Abijah 
Whitney, Thomas Budlong, Thomas Borden, George 
Brownell, Joshua Swan, Oliver S. Hawes, Albigence 
W. Fisher, Joseph Hoar, Daniel Farrar, William 
Cheetham, Alvis Garfield, Charles Garfield, Nathan 
Mclntire, Junior, Samuel Gale, Nathaniel Stearns, 
Elisha Crehore, Thomas Blake, William Redding, 



472 



SEC. SOC. IN WALTHAM. June 17, 1820. 



Name of Soci- 
ety. 



Assessments. 



Aaron Brown, Isaac Bemis, Junior, Tliomas Miller, 
Richard Williugton, William Holibs, George Cooper, 
Daniel Emerson, Ephraim Allen, Willard Adams, 
Joel Abbot, Eliphalet Hastings, Junior, William W. 
Walker, Jonathan Sanderson, Cyril French, Forrest 
Foster, Andrew Harris, Samuel Meriam, John Bates, 
John Hummer, Bethuel Fillebrown, Joseph McDodge, 
Robert Smith, John Pilsbury, Josiali Warren, together 
with their polls and estates, and togetlier with such 
others as may associate with them, and their success- 
ors, be, and they hereby are incorporated and establish- 
ed as a Religious Society, by the name of the Second 
Religious Society, in Waltham, with all the powers 
and privileges, and subject to all the duties of other 
Religious Societies, according to the constitution and 
laws of this Commonwealth. 

Sec. 2. Be it further enacted, That all the taxes 
or assessments, to which the property and estate of the 
Boston Manufacturing Company are by law, liable for 
the support of public worship, in said Waltham, shall 
be laid and assessed by, and payable to the parish 
hereby incorporated, or its proper officers : Provided, 
however, that the said Boston Manufacturing Company 
shall have the right to pay over to the First Parish in 

Provisos. said Waltham, such part of the taxes so assessed, as 
they may think fit; not, however, exceeding one half: 
t3.nd, provided, also, that this section of the present 
act, may be modified or changed, at the will of the 
Legislature. 

Sec. 3. jBe it further enacted. That the said Paul 
Moody, Jonathan C. Morrill, Havid Townsend, Abel 
B. Richardson, Asahel Adams, Eliphalet Hastings, 
Junior, Uriah Hagar, Thomas Budlong, Abijah Whit- 
ney, Robert Smith, Alvis (rarfield, Thomas Miller, 
Isaac Bemis, Junior, William Hobbs, their associates, 
and successors, be, and they hereby are constituted 
and made a Corporation and body politic, by the name 
of the Proprietors of the Second Meeting House, in 

Corporate pow- Waltham j and shall, by that name, sue and be sued, 
defend and be defended, in all actions in which said 
Corporation may be concerned ; and may also ordain 
and establish such by-laws and regulations, and choose 
such officers, as to them shall seem necessary; Jprov^V?- 



SEC. SOC. IN WALTHAM. June 17, i820. 473 

ed, sucli by-laws and regulations shall be in nowise By-Law?, 
contrary to the laws of this Commonwealth. 

Sec. 4. Be it further enacted^ That the said Pro- 
prietors of the second Meeting House, in Waltham, 
shall have full power to assess upon the individuals Power to levy 
composing the same, in proportion to the number of ^'''^'^'"^"*' 
shares in said meeting house, subscribed for by each, 
such sum or sums of money, as shall be sufficient to 
pay the debts now due from said Corporation, and all 
necessary future charges ; and to collect said assess- Collection ot 
ments in such way and manner, and by such officers 
or committee, as said proprietors may determine : And 
said proprietors shall have power, by such officers as 
they shall appoint for that purpose, to sell in such 
way as they shall determine, the pews in said meeting- 
house, and execute deeds to the purchasers thereof. 

Sec. 5. Be it further enacted, That the several 
meetings, heretofore held by the proprietors hereby 
incorporated, and all proceedings thereat, conformably 
to the original articles of their association, and neces- 
sary to carry the same into effect, be, and hereby are 
confirmed, and made valid in law ; and the officers Confirmation 
and agents heretofore chosen by said proprietors, shall ceedin^l*! ^™ 
continue officers and agents, until others shall be cho- 
sen in their stead. 

Sec. 6. Be it further enacted, That any person in 
the said Town of Waltham, who may, at any time 
hereafter, actually become a member of, and unite in 
religious worship with said Second Religious Society, 
and give in his or her name, to the Clerk of the Par- 
ish, to which he or she, did heretofore belong, with a conditon* of 
certificate, signed by the Minister, or Clerk of said"'^'"'^^"*"^' 
Society, that he or she, hath actually become a mem- 
ber of, and united in religious worship with said Sec- 
ond Society, previous to the first of May, shall, from 
and after giving in such certificate, with his or her 
polls and estate, be considered as a member of said 
Society : Provided, however, that such person shall be Proviso. 
held to pay his or her, proportion of all monies as- 
sessed in the parish to which he or she belonged, pre- 
vious to that time. 

Sec. 7. Be it further enacted. That when any 
member of said Society^ shall see cause to leave the 



474 



J3IM0N FACTORY (JOMP. 



June 17, 1820. 



same, and unite in religious worship with any other 
Religious Society in the toAvn or parish, in Avhich he 
or she, may live, and shall give in his or her name, to 
the Clerk of said Society, with a certificate, signed by 
the Minister, or Clerk of the Parish, or other Reli- 
Tcimsofseces-gious Society, Avlicre he or she, may unite, that he or 
*'""■ she, hath actually become a member of, and united in 

religious worship with such other parish, or religious 
society, previous to the first day of May, and shall 
pay his or her proportion of all monies voted in said 
Society, to be raised previous thereto, shall, from and 
after giving such certificate, with his or her poll and 
estate, be considered as a member of said Society to 
which he or she, may so unite. 

Sec. 8. Be it further enacted, That any Justice of 
the Peace for the County of Middlesex, upon applica- 
tion therefor, is hereby authorized to issue a warrant, 
directed to a member of said Society, requiring him to 
notify and warn the members of the said Second Re- 
ligious Society, in Waltham, to meet at such time and 
place as shall be expressed in said warrant, for the 
choice of such officers, as religious societies have a 
right to choose, at their annual meetings. 

[Approved by the Governor, June 17th, 1820.] 



Meeting for 
choice of Offi 



CHAP. XXXII. 



Persons incor- 
porated. 



An Act to incorporate the Dimon Factory Company, 
in Walpole. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same. That Samuel Hartshorn, 
Daniel Kingsbury, Noah Daper, Jonathan Messenger, 
Ebenezer Hartshorn, George Nicholas, Josiah Hill, 
Joseph B. Henshaw, Deming Jarvis, and Caleb Hart- 
shorn, together with such others as may hereafter as- 
sociate with them; their successors or assigns, be, and 



MINISTRY LOT. June 17, 1820. 475 

they are hereby made a Corporation, by the name of 
the Dimon Manufacturing Company, for the purpose Title of Com- 
of manufacturing cotton yarn and cloth, in the Town ^^"^ ' 
g, of Walpole, in the County of Norfolk ; and for this 
P^ purpose shall have all the powers and privileges, and 

shall be subject to all the duties and requirements pre- General pow- 
scribed and contained in an act, passed the third day*"' 
of March, in the year of our Lord one thousand eight 
hundred and nine, entitled ^^an act defining the general 
powers and duties of Manufacturing Corporations ;" 
and also an act in addition thereto, passed the twenty 
fourth day of February, eighteen hundred and eighteen. 
Sec. 2. Be it further enacted^ That the said Dimon 
Factory Company may lawfully hold and possess such May hold i eat 
real and personal estate, as may be necessary and con- estlfe!^^°°^' 
venient for carrying on the said manufacture ; provided, 
the value of such real estate shall not exceed twenty Proviso. 
thousand dollars, and the value of such personal estate 
shall not exceed thirty thousand dollars. 

[Approved by the Grovernor, June 17th, 1820.] 



CHAP. XXXIII. 

An Act to empower the North Parish in Wrentham, 
to sell a part of the Ministry Lot. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and bg 
the authority of the same, That the North Parisli in 
Wrentham, by their Agent, or Committee, duly ap- 
pointed for the purpose, be, and hereby are empowered Ma) scii and 
to sell and convey to the purchaser, all that part of a '^"'"'^ '""**' 
lot of land, lying north of the road in the said parish, 
leading from Franklin to Walpole, commonly called 
North Hill, containing about three acres, more or less, 
being part of the lot which was originally given by 
Ebenezer Ware, of said Wrentham, for the use and 
benefit of the said North Parish j and the proceeds of 



476 INS. OF BEEF AND PORK, June 17, 1820. 

said sale shall be applied to the support of the Min- 
istry in the said North Parish, according to their 
discretion. 

[Approved by the Grovernor, June 17th, 1820.] 



CHAP. XXXIV. 

An Act in addition to the several Acts, regulating the 
Inspection of Beef and Pork, intended to be export- 
ed from this Commonwealth. 



Additional 
Brand. 



Sec. 1. OE it enacted by the Senate and House of 
Kepresentatives, in General Court assembled, and by 
the authority of the same, That from and after passing 
this act, all salted beef and pork, imported or brought 
into this State, from any other State, Territory, or 
place, shall be repacked and inspected agreeably to 
the Beef and Pork Inspection Laws of this Common- 
wealth, with the additional brand on the head of the 
barrel or cask, of the name of the State, Territory, or 
place, where it was originally packed, with the word 
" repacked." 

Sec. 2. Be it further enacted, That when pork is 
inspected agreeably to the laws of this Commonwealth, 
and the hind legs are taken out for bacon, or any other 
purpose, three shoulders may be put into each barrel 
Pork assorted, of cargo pork, nuuiber one, and four shoulders in each 
barrel of cargo pork, number two, and no more ; and 
cargo pork, number three, may consist of an equal pro- 
portion of heads, necks, legs and shoulders, of whole- 
some quality, any laws to the contrary notwithstanding. 
Sec. 3. Be it further enacted,. That to each and 
every barrel of pork, packed and inspected in this 
Prescribed use Common Wealth, shall be added three ounces of salt- 
of Saltpetre, p^tre, of good quality, and to every half barrel two 



ounces. 



Sec. 4. Be it further enacted, That all the rules,^ 
certificates and regulations, for the inspectioij of beef 



NAMES CHANGED. June 17, 1820= 477 

and pork, fees, fines, and forfeitures, mentioned in the 
several inspection laws, to which this is in addition. Regulations, ^c 
and the manner of recovering the same, shall extend '^°"'"'"^"^' 
to this act. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXXV. 

An Act to annex certain Land to the Town of West 
Boylston, in the County of Worcester. 

15 E 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, of 
about one hundred and forty acres, situated within the 
Town of Boylston, in the County of Worcester, adjoin- 
ing the road leading from West Boylston to Boylston 
Meeting House, on which Jonas Temple, deceased, 
lately lived, be, and the same hereby is set off from Land set oft. 
the said Tow n of Boylston, and annexed to, and made 
a part of the said Town of West Boylston. 

[Approved by the Governor, June 17th, 1820.] 



CHAP. XXXVI. 

An Act to Alter and Change the Names of tlie persons 
therein mentioned. 

JjE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That Asa Lawrence, the Namos au.-red. 
fourth, of Groton, shall be allowed to take the name of 
Asa Farnsworth Lawrence ; Rachel Thayer Soper, 
of Cambridge, shall be allowed to take the name of 
62 



478 NAMES CHAN(xED. June 17, 1820, 

Mary Frances Soper, both of the County of Middle- 
sex ; Elisha Dogget Beckford, of Salem, a minor, son 
of Joshua Beckford, shall be allowed to take the name 
of John Beckford : Ephraim Bailey Home, of Haver- 
hill, combmaker, shall be allowed to take the name of 
Ephraim Bailey Orne ; William Newhall, of Lynn, 
ward of Doctor John Lummers, shall be allowed to 
take the name of Hewson Parish ; John Morse, 
Junior, of Amesbury, shall be allowed to take the 
name of John S. Morse ; JPolly Osgood, of Salem, 
widow, shall be allowed to take the name of Mary 
Osgood ; Stephen Phillips, Junior, of Salem, mer- 
chant, shall be allowed to take the name of Stephen 
Claredon Phillips, all of the County of Essex ; that 
John Moulton, of Boston, shall be allowed to take the 
name of John Roberts ; Charles Wells, of Boston, 
bookbinder, shall 1)e allowed to take the name of 
Charles Allen Wells ; Charles Lowell Clapp, son of 
William W. Clapp, shall be allowed to take the name 
of Charles William Clapp ; Masa Willis, of Boston, 
shall be allow ed to take name of Horatio M. Willis ; 
Names akeieii. Joliu Hcury Parker, a minor, of Boston, son of the 
Honorable Isaac Parker, shall be allowed to take the 
name of John Brooks Parker; Joseph Queen, of Bos- 
ton, trader, shall be allowed to take the name of Joseph 
French Edvvards ; John Wheelwright, of Boston, 
merchant, shall be allowed to take the name of John 
Tower Wheelwright ; Henry Felt, of Boston, shall 
be alloAved to take the name of Henry Felt Baker ; 
Samuel Whitwell, of Boston, son of Benjamin Whit- 
well, shall be allowed to take the name of Samuel 
Sprague Whitwell, all in the County of Suffolk ; Jon- 
athan Ferry, Junior, of Brimfield, in the County of 
Hampden, shall be allowed to take the name of Jona- 
than Saunders Ferry ; John Shaw shall be allowed 
to take the name of John Forsyth Shaw; Prince 
Shaw shall be allowed to take the name of Edward 
Sliaw, both of New Marlborough, in the County of 
Berkshire ; Joseph Adams, Junior, student in Har- 
vard University, son of Joseph Adams, of Roxbury, 
shall be alloAved to take the name of Joseph Thornton 
Adams ; Rebecca Miller Thayer, of Braintree, daugh- 
ter of the late Atherton Thayer, Esquire, shall be al- 



NAMES CHANGED. June 17, 1820. 479 

lowed to take the name of Rebecca Athertou Thayer, 
both in the County of Norfolk ; Theodore Mayhew, 
student at law, of Chilmark, in the County of Dukes' 
County, shall be allowed to take the name of Theo- 
dore Gardner Mayhew ; Giles Hosier, of Nantucket, 
in the County of Nantucket, trader, shall be allowed 
to take the name of William Giles Hosier ; Samuel 
Fosket shall be allowed to take the name of Samuel 
Bradley ; Robert M. Fosket shall be allowed to 
take the name of Robert M. Bradley ; John Fosket 
shall be allowed to take the name of John Bradley ; 
Hugh Fosket shall be allowed to take the name of 
Hugh Bradley ; that the minor children of Samuel 
Fosket, aforesaid, viz : Bethuel Fosket shall be al- 
lowed to take the name of Bethuel Bradley ; Josiah 
Fosket shall be allowed to take the name of Josiah Names altered. 
Bradley ; David Fosket shall be allowed to take the 
name of David Bradley ; Samuel Fosket, Junior, shall 
be allowed to take the name of Samuel Bradley ; Abi- 
gail Fosket shall be allowed to take the name of Abigail 
Bradley ; James Fosket shall be allowed to take the 
name of James Bradley ; Jane Fosket shall be allow- 
ed to take the name of Jane Bradley ; Alonzo Fosket 
shall be allowed to take the name of Alonzo Bradley ; 
and William Fosket shall be allowed to take the name 
of William Bradley, all of Colraine, in the County of 
Franklin ; and the several persons before mentioned, 
from and after the passing of this act, shall be known 
and called by the names, Avhich, by this act, they are 
respectively allowed to take and assume as aforesaid, 
and said names shall forever, hereafter, be considered 
as their only proper and legal names, to all intents and 
purposes. 

[Approved by the Governor, June 17th, 1820.] , 



COMMONWEALTH OF MASSACHUSETTS. 



jBF this I CERTIFY, That the Laws printed in this pamphlet, 
passed at the Session, beginning May 31st, and ending June 17th, 1820, 
have been compared with the originals in tiiis office, and appear to be 
correct, 

ALDEN BRADFORD, 

Secretary of the Commonwealth. 



m 



LAWS 

OE THE 

COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TENTH OF 

JANUARY, AND ENDED ON THURSDAY, THE FIFTEENTH OF FEBRUARY, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY ONE. 



CHAP. XXXVII. 

An Act to incorporate the First Baptist Society, in 
Marblehead. 

Sec. 1. JdE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Isaac Story, John Persons incorpo- 
Fielding, Isaac Kimball, Benjamin Girdler, William "^^^^ ' 
Collyer, Joseph Graves, Samuel H. Russell, George 
Roberts, Jonathan Brown, Samuel Brown, Richard 
Girdler, Lewis R. Powers, John Wooldridge, Alex- 
ander Malcom, Thomas Roundy, Richard L. Wood- 
fine, and Ambrose Brown, their associates, successors, 
and assigns, be, and they are hereby incoi*porated as 
a religious society, by the name of the First Baptist 
Society in Marblehead, with all the powers and priv- 



482 BAPTIST SOC. MARBLEHEAD. Jan. 24, 1821. 

ileges, and subject to all the duties and liabilities of 
other religious societies, according to the constitution 
and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace for the County of Essex, is hereby empow- 
ered, upon application therefor, to issue a warrant, 
directed to any freeholder and member of said First 
Baptist Society, requiring him to notify and warn the 
F'u^t Meeting, members thereof, to meet at such convenient time and 
place, as shall be appointed in said warrant, to organ- 
ize the said society, by the appointment of its officers. 

[Approved by the Governor, January 24th, 1821.] 



CHAP. XXXVIII. 

An Act to regulate the Passage Way for Fish, through 
the Dam near the mouth of Concord River, in the 
County of Middlesex. 

Sec. 1. OE it enacted by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same. That so long as there shall 
be kept and upheld a dam across Concord River, be- 
tween the Towns of Chelmsford and Tewksbury, in 
the County of Middlesex, where the dam of Thomas 
Kurd's factory now is situated, it shall be the duty 
of the owner, occupant, or person upholding said dam, 
Passageway, to cause to be made a sluice or passage way, for fish 
to pass freely up and down the river, through said 
dam; and the same shall be constructed with a per- 
manent mud sill, to be placed at the bottom of the 
natural channel of said river, and to extend from the 
shore of the island in said river, not less than fifteen 
feet, towards the factory, in the direction of the pres- 
ent dam, with permanent abutments, and a cross timber 
at the top, not less than thirty inches above the mud 
sill ; and the whole of said passage way shall be kept 
open from the first day of April to the twentieth day 
of May, in each year, except only, that wlien, by 



BAPTIST SOC. SHEFFIELD. Jan. 26, 1821. 483 

reason of the falling of the water in said river, there 
shall not be more than twelve inches of water above 
said mud sill, the said passage way may, with the 
advice and consent of the Fish Wardens of the Towns 
of Chelmsford and Tewksbury, given in writing, be 
diminished in proportion to the depth of the water ; 
provided, however, that it shall never be reduced to a 
less breadth than five feet, from the abutment, on the 
west side. 

Sec. 2. Be it further enacted, That so long as the 
owner, occupant, or person upholding said dam, shall 
cause to be made and kept, a sluice or passage way, 
for fish, through the said dam, of the dimensions and 
constructions aforesaid, according to the true intent and 
meaning of this act, he shall not be liable to any pen- penalty, 
alty or prosecution by force of any act relative to the 
obstruction of the passage of fish, up and down said 
river. 

Sec. 3. Be it further enacted, That no person shall 
be permitted to obstruct the free passage of fish, dur- 
ing the aforesaid months of April and May, by taking Taking luh, 
them in any manner, at the said passage way. 

Sec. 4. Be it further enacted. That this act shall 
continue in force for the term of ten years, and no 
lonsrer. 

[Approved by the Governor, January 24th, 1821.] 



CHAP. XXXIX. 

An x^ct to incorporate the First Baptist Society, in 

Sheffield. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Butler Ives, Silas persons incorpe 
Smith, Calvin Bryant, Lemuel Sparks, with their '^*^*"^' 
associates and successors, be, and they hereby are in- 
corporated, for religious purposes only, into a society, 



484 BAPTIST SOC. SHEFFIELD. Jan, 26, 1821. 

by the name of the First Baptist Society, in SheflBeld, 
with all the powers, privileges and immunities, to 

Powers and priv- which other relisious societies are entitled by the con- 
stitution and laws of this Commonwealth : And said 
corporation is hereby authorized and empowered to 
take, purchase and hold, all real and personal estate, 
necessary and convenient for the purposes aforesaid : 

Proviso. Provided, that the income of the whole estate of the 

said corporation, exclusive of the meeting house, and 
land under the same, shall not exceed two thousand 
dollars. 

Sec. 2. Be it further enacted, That said society 
be, and the same is hereby authorized, at a meeting 

Money to be rais- held for the purpose, to raise such sums of money as 
it may think needful for the support of public worship, 
building and repairing meeting houses, and other pur- 
poses, incident to the authority given by this act, by 
an equal assessment upon all the pews and seats in 
any meeting house which may hereafter belong to it. 
And if any proprietor of any pew or seat, shall neglect 
or refuse to pay any assessment which may be made 
upon his pew or seat, within one year from the time 
he shall be notified thereof, the Treasurer of said so- 
ciety may sell at public auction, all the right and 

Delinquent's luterest sald delinquent proprietor may have in any 

Pews to be sold. , n, • • t f ,• i> ji ±' t 

seat or pew, alter giving public notice oi the time and 
place of sale, at least fourteen days previous thereto, 
by notifications in writing, posted at all the doors of 
the meeting house of said society ; and after deducting 
the amount of the assessment, with legal interest there- 
on, from the time it became due, and all costs and 
charges, the said Treasurer shall pay the balance, if 
any, over to said delinquent proprietor : And said 
Treasurer is hereby authorized and empowered, upon 
the sale aforesaid, to execute and deliver a deed of 
conveyance to the purchaser thereof, which shall be 
valid in law. 

Sec. 3. Be it further enacted, That said society 

may make and establish such regulations, rules, and 

By-laws. by-laws for its government, and the management of its 

concerns, as may be thought fit; provided, the same 

be not repugnant to the laws of this Commonwealth. 

Sec. 4. Be it further enacted, That any Justice of 



GERMAN CHARITABLE SOC. Jan. 26, 1321. 485 

the Peace for the County of Berkshire, be, and he is 
hereby authorized to issue his warrant to some mem- 
ber of said society, requiring him to warn the members 
thereof, to meet at such convenient time and place as First Meeting. 
shall be therein directed, to choose a Moderator, 
Clerk, and Treasurer, and such other oificers as they 
may think needful ; and the Moderator so chosen, and 
the Moderators chosen at all future meetings, shall 
have authority to administer the oath of office to the 
Clerk, and all other officers, of whom an oath is re- 
quired by law. 

[Approved by the Governor, January 26th, 1821.] 



CHAP. XL. 

An Act to incorporate the German Charitable Society. 

Sec. 1. 15 E 2^ enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That Charles F. Kupfer, persons incorpo. 
John G. Plomboeck, John Federhen, William Henss, "'*"' 
Casper Grenier, and their associates, be, and they are 
hereby erected into a body politic and corporate, by 
ilie name of the German Charitable Society, for the 
relief of indigent and distressed Germans, their wid- 
ows and children; and by that name shall have per- 
petual succession, with power to have a common seal, 
and to make contracts relative to the objects of the 
society ; to sue and be sued, and to make by-laws and Rules and regu- 
orders for the regulation of said society, and for the'''*"""' 
preservation and application of the property thereof; 
provided, that the same be not repugnant to the consti- 
tution and laws of this Commonwealth ; and to take, 
hold and possess any estate, real or personal, by gift, 
grant, purchase, devise, or otherwise ; and the same to 
sell, alienate and exchange, for the sole benefit of said 
cov\mriiiion; provided, that the value of the real estate May how real es- 
shall not exceed twenty thousand dollars, and the an- ****' 
nual income of the whole corporate property shall not 
exceed five thousand dollars. 



486 COURT OF SESSIONS. Feb. 3, 1821. 

Sec. 2. Be it further enacted, That said corpora- 
tion shall have power to appoint such officers as shall 
be deemed necessary, for the government thereof, and 
due management of its affairs. 

Sec. 3. Be it further enacted, That the first meet- 
First Meeting, ing of Said corporatlou, may be called by said Charles 
¥. Kupfer, by advertisement in any newspaper print- 
ed in the Town of Boston, ten days prior to the time 
of meeting, designated in such advertisement. 

[Approved by the Grovernor, January 26th, 1821.] 



CHAP. XLl. 

An Act to Alter the Time of Holding the Court of Ses- 
sions, in and for the County of Dukes' County. 

Sec. i. JjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That the Court of Sessions, 
by law appointed to be held at Edgarton, within and 
for the County of Dukes' County, on the first Wed- 
nesday of November, annually, shall, in future, be 
Time of holding holden at the same place, on Wednesday next after 
Court. ^j^^ second Monday of November, annually, any law 

to the contrary notwithstanding. 

Sec. 2. Be it further enacted, That all petitions, 
processes, matters and things, cognizable by said 
court, be made returnable, entered, and proceeded 
upon, at said court, to be holden on said Wednesday 
next after the second Monday of November, annually. 

[Approved by the Governor; February 3d, 1821.] 



MASS. BAP. CHAR. SOCIETY. Feh, 3, 1821. 487 



CHAP. XLII. 

An Act to incorporate the Massachusetts Baptist Char- 
itable Society, for the Relief of the Widows and 
Children of Deceased Baptist Ministers. 

Sec. 1. OE it enacted by the Senate and House of 
MepresentativeSy in General Coui^t assembled, and by 
the authority of the same^ That Thomas Baldwin, Jo- Persons incorpb: 
seph Grafton, Lucius BoUes, Nathaniel W. Williams, 
Daniel Sharp, Bela Jacobs, Levi Far well, Thomas 
Badger, Josiah (3. Rainsford, William Brown, Jona- 
than Carleton, Ward Jackson, Thomas Kendall, He- 
man Lincoln, Ensign Lincoln, and such others as shall 
associate with them, for the purposes hereafter men- 
tioned, be, and tliey hereby are incorporated into a 
body politic, by the name of the Massachusetts Bap- 
tist Charitable Society, for the relief of widows and 
children of deceased Baptist Ministers ; and that they 
and their successors shall be and continue a body pol- 
itic and corporate, by that name forever; and shall 
have power to have a common seal, subject to be al- General powers, 
tered at their pleasure ; and may sue and be sued, in 
all actions, real, personal, and mixed, and prosecute 
and defend the same to final judgment and execution, 
by the name aforesaid. 

Sec. 2. Be it farther enacted, That the said society 
be, and hereby are authorized to receive any grants or Grants, &c. 
devises of lands or tenements, in fee simple, or less 
estate, and all subscriptions, donations, legacies, and 
bequests in money, or other personal estate, to them 
made, for the above objects ; and to put all such monies 
as shall come into their hands, at interest, and apply 
the interest, from time to time, for the relief of the 
widows and children of deceased Baptist Ministers, 
within this Commonwealth, according to their best 
judgment, unless particularly designated by the donor^ 
or donors. 

Sec. 3. Be it further enacted. That the said society 
may make sale of any real estate to them bequeathed, May seiiiaads. 
unless otherwise ordered by the donor, and convey 
63 



488 DICKINSON LIBRARY. Feh. 3, 1821. 

the same by deed, duly executed by the Treasurer, 
under the seal of the society : Provided, that all mo- 
nies arising from such sale, be applied to the same use 
to which the income thereof Avas before applicable : 

Proviso. Provided, however, that the funds of said society shall 

never exceed the sum of twenty thousand dollars. 
Sec. 4. Be it further enacted, That the said soci- 

Annuai Meeting, ety shall hold au annual meeting, at such time and 
place as they may think proper; of which, public notice 
shall be given in two public papers. The society thus 
convened, shall have power to choose a President, a 
Secretary, a Treasurer, and Trustees, and any other 

By-Laws. officers wliicli they may deem expedient ; and make 
and establish such rules and by-laws for the orderly 
conducting and executing the business of the society, 
as to them shall appear necessary ; provided, the same 
be not repugnant to the constitution or laws of this 
Commonwealth. 

Sec. 5. Be it further enacted. That Thomas Bald- 
win is hereby authorized, by public notice in two pa- 

First Meeting, pers, to call the first meeting of said society. 

[Approved by the Governor, February 3d, 1821.] 



CHAP. XLIII. 

An Act to incorporate the Dickinson Library Company. 

Sec. 1. Be it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the proprietors of the 
Third Social Library, in the Town of Granville, in the 
County of Hampden, be, and they hereby are incor- 
porated into a body politic, by the name of the Dick- 
Generai powers, insou Library Company, with power to make all rules 
and regulations, for the maintenance and government 
thereof, not inconsistent with the laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted, That the said Dick- 
inson Library Company be, and they hereby are au- 



SEC. CON. MEETING HOUSE. Feb. 3, 1821. 489 

thorized and empowered to make and use a common 
seal, and they are hereby empowered, and rendered 
liable to sue and be sued, prosecute and defend in their 
corporate capacity, in all courts of law. 

Sec. 3. Be it further enacted^ That the said Dick- 
inson Library Company, be authorized to receive 
subscriptions, grants, and donations of real and per- Donations, s:c. 
sonal estate, not exceeding six thousand dollars ; pro- 
vided, said company shall not, for more than one year, 
be in possession, in their own right, of real estate 
of the value of more than one thousand dollars ; and 
that no part of the personal estate of said company 
shall be expended for any other purpose than the pur- ^^^^Iture""*^*^" 
chase of books, or objects necessarily connected with 
the institution. 

Sec. 4. Be it further enacted, That the proceedings 
of the proprietors of said Third Social Library, in 
Granville, in the election of officers, and the transac- 
tion of other business, at a meeting held by them on the 
fifth day of January instant, be, and the same hereby 
are ratified, confirmed, and rendered valid, in as good confirmation. 
and sufficient a manner, as if the same had been done 
and transacted on the third day of January instant ; 
provided, that no rights at law shall be aftected by any proviso. 
thing in this act contained. 

[Approved by the Governor, February 3d, 1821.] 



CHAP. XLIV. 

An Act to incorporate the Proprietors of the Second 
Congregational Meeting House, in Chelmsford. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Cyrus Baldwin, Amos Persons incovpo, 
Whitney, Joseph Fletcher, Moses Hale, Jesse Smith, '""^ ' 
William Adams, Nathaniel Howard, and others, who 
have associated, or may hereafter associate with them, 
for the purpose of building a meeting house, their sue- 



490 SEC. CON. MEETING HOUSE. Feb. 3, 1821. 

cessors and assigns be, and they hereby are incorpo- 
rated and made a body politic, by the name of the 
Proprietors of the Second Congregational Meeting 
House, in Chelmsford ; and by that name may sue 
and be sued, and may have and use a common seal, 
and may ordain and establisli such by-laws and regu- 
lations, as to them may seem necessary and convenient 

General powers, for the govemmeut of said corporation ; provided, such 
by-laws and regulations be not repugnant to the con- 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said cor- 

May hold real poratlou may purchase and hold real and personal 
estate, the annual income of which, exclusive of the 
meeting house, and land under the same, shall not 
exceed one thousand dollars ; and shall divide their 
estate into shares, the number of which, shall not be 
less than one hundred, nor more than two hundred, 
and may make and impose all necessary assessments 

< on such shares ; provided, that the amount of all such 

assessments, shall never exceed the sum of thirty dol- 
lars on each share. 

Sec. 3. Be it further enacted, That whenever any 

Assessments, proprietor shall neglect or refuse to pay any assess- 
ment, legally made upon his share or shares, to the 
Treasurer of said corporation, within one year, after 
the same shall be made payable, the said Treasurer, 
being thereto directed by the Trustees, hereinafter di- 
rected to be chosen, may sell at public vendue, the 

shares to be sold, share or shares of such delinquent proprietor, after 
posting notice of the time, place, and cause of such 
sale, at two or more public places in Chelmsford, and 
also on said meeting house door, whenever such house 
shall have been erected, at least thirty days previous 
to such sale ; and upon such sale, to execute deed or 
deeds thereof, to the purchaser or purchasers ; and 
after deducting the amount of such delinquent's assess- 
ment, together with legal interest thereon, from the 
time the same was payable, and all necessary inci- 
dental charges, the said Treasurer shall pay the sur- 
plus, if any there be, to such delinquent proprietor; 
or the said Treasurer may, by direction of the said 
Trustees, sue and prosecute to final judgment and ex- 
ecution; any such delinquent proprietor, for any tax or 



HAWKERS AND PEDLARS. Feh. 9, 1821. 491 

assessment due and payable on any share or shares of 
8uch delinquent proprietor. 

Sec. 4. Be it further enacted, That there shall be 
an annual meeting of said proprietors, after the present Annual Meeting. 
year, on the first Monday in February, at which, they 
shall elect, by ballot, a President, Clerk, Treasurer, 
Collector, and five Trustees, of whom the President 
shall be one ; and the Treasurer and Clerk shall be 
sworn to the faithful discharge of tbeir respective 
trusts : and at such meeting, each proprietor, or his 
agent, duly authorized in writing, shall be entitled to 
one vote for each share by him iield and owned. 

Sec. 5. Be it further enactedy That it shall be the 
duty of the Clerk of said corporation, to keep a record Duty of cierk. 
of all the proceedings of said corporation, and of all 
shares and transfers of shares therein, and to grant 
certificates thereof to the proprietors ; and the shares 
may be transferred under the hand and seal of the 
proprietors, on the back of such certificate. 

Sec. 6. Be it further enacted, Tliat Cyrus Bald- 
win be, and he hereby is authorized to issue his war- 
rant to some one of the said proprietors, for the pur- 
pose of calling the first meeting, to elect officers and Fhst Meeting. 
organize said corporation, at such convenient time and 
place as he shall direct; at which meeting, the said 
proprietors may agree upon the manner of calling and 
notifying future meetings. 

[Approved by the Grovernor, February 3d, 1821.] 



CHAP. XLV. 

An Act concerning Hawkers, Pedlars, and Petty 
Chapmen. 

Sec. 1. JJE zY enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That every hawker, pedlar, 
petty chapman, or other person, going from town to 
town; or from place to place within the same town, on 



492 



HAWKERS AND PEDLARS. 



Feb. 9, 1821. 



foot^ or with a horse, or horses, or otherwise carrying 
to sell, or exposing for sale, any goods, wares, or mer- 
chandize, within this CommonAvealth, shall, on con- 

I'enaity. viction thereof, forfeit and pay a sum not less than 

ten dollars, nor more than one hundred dollars for 

Proviso, each and every offence aforesaid : Provided^ hoicever, 

that nothing herein shall prohibit any person from 
carrying abroad, and selling or exposing for sale, any 
fruits or provisions, or an'y goods, wares, or merchan- 
dize of the produce or manufacture of the United 
States, except indigo, feathers, books, tracts, prints, 
maps, playing cards, lottery tickets, jewelry, and es- 
sences. 

Sec. 2. J5e it further enacted^ That any Justice of 
the Peace, on complaint made to him of any such 
oifence, may issue his warrant against the person 

Prosecution, complalued against, and order him to recognize with 
sufficient surety or sureties, to answer the complaint 
before any court within the same county, having ju- 
risdiction of criminal aftairs : And the said offence 
may be prosecuted by indictment, before any court 
as aforesaid. 

Sec. 3. Be it further enacted, That the penalties 

Bistribution of afofesaid, shall be one half to the use of the informer, 

peuaiutx. ^^^^ ^j^^ other half to the use of the Commonwealth. 

Sec. 4. Be it further enacted, That the act against 
hawkers, pedlars, and petty chapmen, passed the ninth 
day of June, in the year of our Lord one thousand 
seven hundred and eighty five, be, and the same is 

Act repealed, hereby repealed. 

Sec. 5. Be it further enacted, That this act shall 
be in force from and after the first day of June next. 

[Approved by the Governor, February 9th, 1821.] 



METHODIST SOCIETY, OTIS. Feb, % 1821. 493 



CHAP. XL VI. 

An Act to incorporate the Methodist Episcopal Soci- 
ety, in Otis. 

Sec. 1. Be it enacted by the Senate and House of 
liepresentatives, in General Court assemhled, and by 
the authority of the same, That John Kibbe, David persons incorpo- 
Kibbe, Chuza Bushnell, John Davison, Junior, John"^^''''' 
Johnson, Abner Loveland, Joshua Fincji, Joseph A. 
Root, Julius Beach, Roger Mather, Eliakim Smith, 
David Morley, Nathan Blair, John M. Clement, John 
Meranders, Isaac Kibbe, Reuben Daniels, Jonathan 
Clark, Junior, James Clark, Junior, Joseph Clark, 
Junior, John Babb, Samuel Kibbe, Samuel Williams, 
Joseph Clark, Lorin Flint, Joseph Hunt, 2d, Isaac 
Church, Ambrose Cowdery, Jonah Hunt, William 
Lattimer, Jarvase Haskeill, Jonah Norton, 3d, Avery 
Tracy, Joseph Root, Stephen Rowley, Henry Tracy, 
Daniel Hill, Eli Black, Silas Herinton, Orin Sinnet, 
Loring (ribbs, Greffry AVatson, David Watson, Elijah 
Gibbs, Joseph Hunt, Curtis Hunt, Abner Blair, Eli- 
jah P. Perkins, Samuel Clark, Thomas Petton, Jona- 
than Petton, Jonatlian Shepherd, 2d, Elijah Lyon, 
Phineas King, Philip Haskeil, and William Chapel, 
together with such other inhabitants of the Town of 
Otis or Blanford, as may wish to join said society and 
become members thereof, together witli their polls and 
estates, be, and they are hereby incorporated into a 
society, by the name of the Methodist Episcopal So- tuic. 
ciety, in Otis. 

Sec. 2. Be it further enacted. That the members 
of said society, being duly warned therefor, by any 
Justice of the Peace living in the County of Berkshire, 
upon application made to liim for that purpose, by a 
member of the society, is hereby empowered to issue 
his warrant to the person applying for the same, re- 
quiring him to warn a meeting thereof, at the meeting Mcctins. 
house of said society, by posting up a copy of the war- 
rant at said meeting house, at least fourteen days before 
the time of meeting ; which warrant shall express the 



494 KEEPING OF GUNPOWDEK. Feb. 9, 1821. 

purpose of said meeting; at which time, the maimer of 
calling future meetings shall be determined. 

Sec. 3. Be it further enacted. That at said meet- 
ing, the members of said society shall have power to 
General powers, malvc aud establish all such rules and regulations, and 
appoint such officers for said society, as may be neces- 
sary to carry the same into effect ; also to grant such 
sums of money, and order assessments thereof, or to 
raise money by taxing the pews of the meeting house, 
or by renting them out, as may be necessary and ex- 
pedient for the support of public worship, and other 
incidental charges. 

[Approved by the Governor, February 9th, 1821.] 



CHAP. XL VII. 

An Act further regulating the Storage, Safe Keeping, 
and Transportation of Gunpowder, in the Town of 
Boston. 

Sec. 1. ilE if enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That no person, except on 
military duty in the public service of the United States, 
or of this Commonwealth, shall keep, have or possess, 
in any house, warehouse, shop, or other building, nor 
in any street, lane, alley, passage way, yard or cellar, 
nor in any waggon, cart or other carriage, nor on any 
wharf, nor on board of any ship or other vessel, with- 
in two hundred yards of any wharf, or of any part of 
the shore or the main land, nor in anyplace within the 
Town of Boston, gunpowder in any quantity exceeding 
five pounds, in any way or manner, other than by this 
act, and by the rules and regulations hereinafter men- 
tioned, may be permitted and allowed. And all gun- 
powder had, kept or possessed, contrary to the provis- 
ions of this act, and of such rules and regulations, shall 
Lkbiiitytoseiz- be forfeited, and liable to be seized and proceeded 
against in the manner hereinafter provided. 



KEEPING OF GUNPOWDER. Feb. 9, 1821. 495 

Sec. 2. Be it further enacted j That it shall not be 
lawful for any person or persons to sell any gunpow- 
der, which may at the time be within the Town of Bos- 
ton, in any quantity, by wholesale or retail, without first 
having obtained from the Firewards of said town, a 
license to sell gunpowder ; and every such license Licenses, 
shall be written or printed, and duly signed by said 
Firewards, or by their Secretary, authorized for that 
purpose, on a paper, upon which shall be written or 
printed, a copy of the rules and regulations by them 
established relative to keeping, selling, and transport- 
ing gunpowder within the said town ; and every suck 
license shall be in force for one year from the date 
thereof, unless annulled by the Firewards, and no 
longer ; but such license may, prior to the expiration 
of that term, be renewed by endorsement thereon by the 
said Firewards, or by their Secretary, for a further 
term of one year ; and so from year to year ; provided, 
always, that the said Firewards may annul and rescind 
any such license, if, in their opinion, the person or 
persons licensed, have forfeited the right of using the 
same, by disobeying the law, or infringing any rules 
or regulations established by said Firewards. And 
every person who shall receive a license to sell gun- 
powder as aforesaid, shall pay for the same the sum 
of five dollars ; and every person^, on having a license Fees for license*. 
renewed, shall pay therefor the sum of one dollar, 
which sums shall be paid to the Secretary of the Fire- 
wards, for their use, for the purpose of defraying the 
expenses of carrying this act into execution. 

Sec. 3. Be it further enacted, That the Firewards 
of the Town of Boston be, and they are hereby au- 
thorized and empowered to make and establish rules 
and regulations, from time to time, relative to the times 
and places at which gunpowder may be brought to, or 
carried from said town, by land or by water, the times 
when, and manner in which the same may be trans- 
ported through said town ; to direct and regulate the 
kind of carriages, boats and other vehicles, in which 
the same may be so brought to, carried from and trans- 
ported through said town ; to direct the manner in 
which gunpowder may be kept by licensed dealers Manner of keep- 
and other persons ; and to direct and require all such '"° ^'"'"^ ^*° 
64 



496 KEEPING OF GUNPOWDER. Feh. 9, 1821. 

precautions as may appear to them needful and salu- 
tary, to guard against danger in the keeping of gun- 
powder, and in the transportation thereof to, from and 
through the ToAvn of Boston. 

Sec. 4. Be it further enacted, That any person or 
persons who shall keep, have, or possess any gun- 
powder within the Town of Boston, contrary to the 
provisions of this act, and to the rules and regulations 
made as aforesaid, or who shall sell any gunpowder 
therein, without liaving a license therefor, then in force 
or contrary to the conditions of the said license, or the 
rules and regulations made as aforesaid, shall forfeit 

Penalties. and pay a fine of not less than one hundred dollars, 
and not exceeding five hundred dollars, for each and 
every oifence ; and if any gunpowder, kept contrary 
to tlie provisions of this act, shall explode in any shop, 
store, dwelling house, ware house, or other building, 
or in any place in said town, the occupant, tenant or 
owner of which has not then a license in force to keep 
and sell gunpowder therein, or which gunpowder shall 
have been kept, in any manner contrary to the terms 
and conditions of such license, or to the rules and reg- 
ulations established as aforesaid, such occupant, tenant 
or owner, shall forfeit and pay a fine of not less than 
five hundred dollars, and not exceeding one thousand 
dollars ; one moiety of the sums which may be so forfeit- 
ed, shall accrue to the use of the poor of the Town of 
Boston, and the other moiety to the use of any person 
or persons who shall prosecute and sue for the same ; 
which forfeitures may be recovered by action of the 
case, in any court proper to try the same. 

Sec. 5. Be it further enacted. That all gunpowder, 
wliich shall be kept, had or possessed, within the Town 
of Boston, or brought into, or transported through the 
same, contrary to the provisions of this act, and to the 

Seizures. rules and regulations made as aforesaid, may be seized 
and taken into custody by any one or more of the 
Firewards of said town, and the same shall, within 
twenty days next after the seizure thereof, be libelled, 
by filing in the office of the Clerk of the Municipal 
Court of the Town of Boston, a libel, stating the time, 
place and cause of such seizure-; a copy of which libel, 
or the substance thereof, together with a summons or 



KEEPING OF GUNPOWDER. Feb. 9, 1821. 497 

notice, which such Clerk is hereby authorized to issue, 
shall be served on the person or persons, from whose 
custody or possession, or in whose tenement such gun- 
powder shall have been seized, if such person be an 
inhabitant of this Commonwealth, by delivering a copy 
thereof to such person or persons, or leaving such copy 
at his, her, or their usual place of abode, fourteen days 
at least, before the sitting of the court, at which the 
same is to be heard ; that such person or persons may xmi of offences. 
appear and shew cause why the gunpowder so seized 
and taken, should not be adjudged forfeit. And if the 
gunpowder so seized shall be adjudged forfeit, the 
person or persons, in whose custody or possession the 
same was seized, or the occupant or tenant of the place 
wherein the same was so seized, shall pay all costs of 
prosecution, and execution shall be issued therefor ; 
provided, it appear to the court, that such person or Proviso. 
persons had notice of such prosecution by service as 
aforesaid ; and in case the person or persons in whose 
custody or possession, or in whose tenement such gun- 
powder may be seized, shall be unknown to the Fire- 
ward or Firewards making such seizure, or in case 
such gunpowder, at the time of seizure, may not be in 
the custody or possession of any person, or if it shall 
appear by the return of the officer, that such person 
cannot be found, or has no place of abode in this Com- 
monwealth, then the said court shall, and may proceed 
to adjudication thereon. And such libel or summons, 
and also such writ of execution for costs, shall, and 
may be served and executed in any county in this 
Commonwealth, and by any officer competent to ex- 
ecute civil process in like cases. 

Sec. 6. Be it further enacted, That any person or 
persons, who shall rescue or attempt to rescue any gun- 
powder seized as aforesaid, or who shall aid or assist 
therein, or who shall counsel or advise, or procure the 
same to be done, or who shall molest, hinder, or ob- 
struct any Fireward in such seizure, or in carrying Fines, 
.gunpowder so seized to a place of safety, shall forfeit 
and pay a fine for each offence, of not less than one 
hundred dollars, and not exceeding five hundred dol- 
lars ; to be sued for and recovered by action of the 
case; by any person or persons who shall sue for the 



498 KEEPING OF GUNPOWDER. Feb. 9, 1821. 

same, in any Court proper to try the same ; and it is 
hereby made the duty of all magistrates, civil officers, 
and of all good citizens of said town, in their respective 
stations, and as far as they may be required, to aid and 
assist such Fireward or Firewards in executing the 
duties hereby required. 

Sec. 7. Be it further enacted^ That the said P'irc- 
wards, or any of them, may enter the store or place of 
any person or persons, licensed to sell gunpowder, to 
examine and ascertain whether the laws, rules and 
regulations relating thereto, are strictly observed, and 
also whenever there shall be an alarm of fire ; and in 
such last case may cause the pow der there deposited 
Removal of pow- to bc Tcmoved to a place of safety, or to be destroyed 
by wetting or otherwise, as the exigency of the case 
may require ; and it shall be lawful for any one or 
more of the Firewards of said town, to enter any dwell- 
ing house, store, building, or other place, in the Town 
of Boston, to search for gunpowder, which they may 
have reason to suspect to be concealed or unlawfully 
kept therein, first having obtained from some Justice 
of the Peace for the County of Suffolk, a search war- 
rant therefor, which warrant the Justices of the Peace 
for said county are hereby respectively authorized to 
issue upon the complaint of such Fireward or Fire- 
wards, supported by his or their oath. 

Sec. 8. Be it further enacted, That any person who 
shall suffer injury by the explosion of any gunpowder, 
had, kept or transported, within the Town of Boston, 
contrary to the provisions of this act, and of the rules 
and regulations established as aforesaid, may have an 
action of the case in any court proper to try the same, 
Redress for inju- against the owner or owners of such gunpowder, or 
against any other person or persons who may have 
had the possession or custody of such gunpowder, at 
the time of the explosion thereof, to recover reasonable 
damages for the injury thus sustained. 

Sec. 9. Be it further enacted, That it shall be the 
duty of the FircAvards of the Town of Boston, to cause 
all such rules and regulations, as they may make and 
establish by virtue of the authority given by tins act, 
to be published in two or more newspapers printed in 
the Town of Boston, and to cause such publication to 



KEEPING OF GUNPOWDER. Feb. 9, 1821. 499 

be continued three weeks successively, for the infor- 
mation and government of all persons concerned. 

Sec. 10. Be it further enacted, That all fines, pen- 
alties and forfeitures which may arise. and accrue under 
the provisions of this act, shall, and may be prosecuted 
for, and recovered, either in the manner herein before Recovery of fines 
specially provided, or by indictment, complaint or in- 
formation, in any court proper to try the same. And 
this act shall be taken and deemed to be a public act, 
of which, all courts, magistrates and citizens are bound 
to take notice as such ; and in any libel, action, indict- 
ment, information or complaint upon this act, it shall 
not be necessary to set forth any more of the same, than 
so much thereof as relates to, and may be necessary 
truly and substantially to describe the offence alleged 
to have been committed. 

Sec. 11. Be it further enacted, That all fines, pen- 
alties and forfeitures which shall be recovered by force, 
of this act, and which are not otherwise appropriated, 
shall accrue and enure, one half to the poor of the Towl 
of Boston, to be paid over to the Overseers of the Poorsistiibmionof 
thereof, and one half to the Firewards of said town; 
provided, however, that whenever on the trial of any 
prosecution, under this act, any one or more of the said 
Firewards shall be sworn and examined as a witness 
or as witnesses therein, record shall be made in court; 
and in that case, the whole of such fine, penalty and 
forfeiture, shall accrue and enure to the*poor of the 
Town of Boston, and be paid over as aforesaid. 

Sec. 12. Be it further enacted, That this act shall 
take effect and be in force from and after the passing 
thereof, and that all acts and parts of acts heretofore 
passed, w hich come within the purview of this act, and 
which are inconsistent with, or repugnant to the pro- 
visions of this act, be, and the same are hereby repeal- 
ed; ^provided, however, that the same shall continue in Repeal of former 
force for the purpose of prosecuting all offences which 
may have been committed prior to the passing of this 
act, in the same manner, to all intents and purposes, 
as if the same had not been repealed : And jrravided, Proviso. 
further, that all rules ahd regulations made and estab- 
lished by the Firewards of Boston, under and by virtue 
of the provisions of such former acts, shall continue to 



500 AGRICULTURE AND MANU. Feb. 9, 1821. 

have the same force and effect, until altered or annulled 
by said Firewards, as if this act had not been passed. 

[Approved by the Governor, February 9th, 1821.] 



Former act re- 
pealed. 



CHAP. XLVin. 

An Act relative to Fishery in the Towns of Charles- 
town and Medford. 

JjE it enacted by the Senate and House of 
Representatives f in General Court assembled^ and by 
the authority of the same, That an act passed on the 
tenth day of February, in the year of our Lord one 
thousand eight hundred and sixteen, entitled ^^an act 
^o authorize the Towns of Charlestown and Medford 
io sell the privilege of taking *shad and alewives in the 
waters situate between those towns,'' be, and the same 
is hereby repealed. 

[Approved by the Governor, February 12tli, 1821.] 



Trustees to fix 
bounds. 



CHAP. XLIX. 

An Act in addition to an Act for the Encouragement of 
Agriculture and Manufactures. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the several Agricul- 
tural Societies incorporated, and which hereafter may 
be incorporated within this Commonwealth, shall be, 
and hereby are authorized and empowered by their 
Trustees, or other officers, by them designated for the 
purpose, to define and fix bounds and limits of suffi- 
cient extent for the erection of their cattle pens and 



AGRICULTURE AND MANU. Feb. 9, 1821. 501 

yards, and for convenient passage ways to and about 
the same, on the days of their annual cattle shows and 
exhibitions ; and also for their ploughing matches, and 
trials of working oxen ; within which bounds and 
limits, no persons* shall be permitted to enter or pass, 
unless in conformity with the rules and regulations of 
the Trustees or other oflRcers of said societies respect- 
ively. And if any person shall enter or pass wfthin 
the bounds and limits thus fixed and defined as afore- 
said, contrary to the rules and regulations of the Trus- 
tees or other officers of said societies, as aforesaid, after 
lie shall have been notified thereof, he shall forfeit and Forfeitures, 
pay a sum, not less than one dollar, nor more than five 
dollars, to be recovered before any Justice of the Peace 
of the same county, in an action of the case, at the suit 
of the Treasurer of said society, to the use of the soci- 
ety aforesaid : Provided, however, that nothing herein Proviso. 
contained, shall be construed to authorize such societies 
to occupy or include within their limits as aforesaid, 
the estate of any person or persons, without the con- 
sent of the owners thereof, or to occupy any public 
highway in such manner as to obstruct the public trav- 
el therein. 

Sec. 2. Be it further enacted, That for the purpose 
of enabling the societies aforesaid, to give greater effi- 
ciency to the rules and regulations of their respective 
officers for the preservation of good order, on the par- 
ticular occasions of their public cattle shows and exhi- 
bitions, the Trustees of the said societies respectively, 
shall be, and hereby are authorized to nominate and 
appoint a sufficient number of suitable persons, who 
shall be inhabitants of the county, to act as Marshals, Marshal. 
and who shall be sworn to the faithful and impartial 
discharge of their duty, and shall have the same au- 
thority in relation to the preservation of the public 
peace, and to the service and execution of criminal 
process, and which may be directed to them accord- 
ingly, within the towns respectively, in which such 
shows and exhibitions may be held, as Constables by 
law now have ; and thfey shall exercise their said office Powers. 
from twelve o'clock at noon of the day preceding the 
day of the commencement of such shows and exhibi- 



502 CONGRE. SOCIETY^, IN TROY. Feb. 9, 1821. 

tions until twelve o'clock at noon, of the day succeed- 
ing the termination thereof, and no longer. 

[Approved by the Governor, February 9th, 1821.] 



CHAP. L. 

An Act to incorporate the First Congregational Church 
and Society, in Troy. 

Sec. 1. IjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That David Anthony, Syl- 

persons iucorpo. vester Alleu, Thomas Durfee, Joseph E. Read, James 
Ford, Junior, Thomas Yickary, John Turner, Isaac 
H. Borden, Dexter Wheeler, William Shaw, and Ca- 
leb Cook, with their associates and successors, be, and 
they hereby are incorporated as a religious society, by 
the name of the First Congregational Church and So- 
ciety, in Troy, with all the privileges, powers, and 
immunities, to which other religious societies in this 
Commonwealth, are by law entitled. 

Sec. 2. Be it further enacted, That said society 
shall be capable in law, to purchase, hold and dispose 

May hold real es- of auy estate, I'eal or personal, for the use of said soci- 

***^' ety ; provided, the annual income thereof shall not ex- 

ceed, at any time, the sum of ten thousand dollars. 
Sec. 3. Be it further enacted, That the said society 

General powers, may liave power to elect all necessary officers, and to 
order and establish such regulations, rules, and by- 
laws for their government, and for the management of 
their property and concerns, as they may see fit ; pro- 
vided, the same be not repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 4.^ Be it further enacted. That any Justice of 
the Peace for the County of Bristol be, and he hereby 
is authorized, upon application of any six of the per- 
sons above named, to issue his warrant to some member 
of said society, requiring him to warn the members 



/ 



FISHERY IN REHOBOTH, &c. Feb. 9, 1821. 503 

tljiereof, to meet at such convenient time and place in 

said Trov, as shall be therein directed, to choose such Election of om- 

officers as said society may think necessary. 

[Approved by the Governor, February 9tli, 1821.] 



CHAP. LI. 

An Act in addition to the several Acts heretofore 
passed, to regulate the Fishery in Rehoboth and 
Swanzey. 

XfE it enacted hj the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same, That no person whatever, 
shall be permitted to set any seine, net, weare, or other 
obstruction across Palmers River, in Swanzey, at any obstructions. 
time between the first day of April, and the twentieth 
day of June in each year, for the purpose of obstruct- 
ing the passage of fish up the said river into Rehoboth ; 
and if any person or persons shall, within the time 
aforesaid, set any seine, net, weare, or other obstruc- 
tion across said river, for the purpose aforesaid, he or 
they shall forfeit and pay a fine of seven dollars, for penalty. 
each and every such offence, to be recovered by action 
of debt, one half thereof to the use of him or them who 
shall prosecute therefor, and the other half to the use 
of the town in which the offence shall be committed ; 
and such seine or net so set across said river, shall 
also be forfeited to the use of him or them who shall seine or net, may 

, « . i be seized. 

prosecute tor the same. 
[Approved by the Governor^ February 9th, 1821.] 



65 



power. 



^04 WRITS OF REVIEW. Feh. 12, 1821. 

CHAP. LII. 

All Act for apprelieudiug Offenders, in any County. 

13 E it enacted hy the Senate and House of 
Representatives^ in General Court assembled^ and by 
the authority of the same^ That whenever a warrant 
against any person, shall be duly issued by a Justice 
of the Peace within this Commonwealth, for any sup- 
posed offence committed within his county, or in pur- 
suance of the provisions of law, for the maintenance of 
bastard children, and the persons complained of shall, 
either before or after the issuing such warrant, escape 
or go out of said county, the Sheriff or any Deputy Sher- 
iff thereof, to whom the said warrant may be directed, 
Extension of sliall have power and authority to pursue the person 
complained of, and to apprehend him in any county of 
this Commonwealth, and to convey him into the county 
in which the act complained of, may have been com- 
mitted, that such proceedings may there be had, as 
the law shall require. 

[Approved by the Governor, February 12tli, 1821.] 



CHAP. Llll. 

An Act in addition to an Act, entitled "An Act in ad- 
dition to an Act entitled an Act empowering the Jus- 
tices of the Supreme Judicial Court to grant Writs 
of Review, in certain cases." 

JjE it enacted by the Senate and House of 
Mepresentatives^ in General Court assembled, and by 
the authority of the same. That when it shall be made 
Relief of absen- to appear to the Justices of the Supreme Judicial 
Court, upon the application of the party aggrieved, that 
a judgment has been rendered against him upon a suit 
commenced when he was absent from the Common- 



COURTS OF PROBATE. Feb. 12, 1821. 505 

wealth, and that he had no notice thereof before the 
rendition of final judgment therein, the said Justices 
may, if they think it reasonable, grant a writ of review 
of such action at any time within three years after such 
party shall first have had notice of the rendition of 
such judgment. '' 

[Approved by the Governor, February 12th, 1821.] 



CHAP. LIV. 

An Act further to regulate the Jurisdiction and Pro- 
ceedings of the Courts of Probate. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That when any part of the 
real estate of a person deceased, shall lie in common 
and undivided with that of any other person or per- 
sons, the Judge of Probate, having jurisdiction of the 
settlement of the estate of the deceased, may issue his 
warrant to a committee of three discreet and disinter- 
ested freeholders, directing them to sever and divide Referee?, 
said real estate of the deceased, from that of such 
other person or persons, according to law ; but the said 
Judge may cause such real estate of a person deceased, 
to be divided among his heirs or devisees, or dower to 
be assigned therein, without first requiring the same to 
be severed from that of any other person or persons 
with which it may lie in common, whenever the nature Partition of c 
of the case shall permit, and the parties applying for^*^"* 
such division or assignment shall request it. And when 
such real estate of a person deceased, shall lie in com- 
mon with that of other persons, unknown to the pe- 
titioner for partition, public notice shall be given to 
them by the Courts of Probate, in the same manner as 
it may be done by the courts of law ; provided, that 
an appeal shall be allowed from any order, denial, or 
decision of any Judge of Probate, on any petition or 



506 COURTS OF PROBATE. Feb, 12, 1821. 

application made under the authority of this act, in 
like manner as in other cases. 

Sec. 2. Be it further enacted, That all partitions of 
real estate, made under the authority of any Court of 
Probate, where the same is holden in common with a 
stranger, and all distributions of the real estate of any 
testator or intestate, lying out of the county in which 
such court is holden, and under the authority aforesaid. 

Records. shall be recorded in the Registry of Deeds, in the 

county where such real estate lies. 

Sec. 3. Be it further enacted, That whenever it 
shall be made to appear to the Supreme Court of Pro- 
bate, that it would be manifestly beneiicial to any ward 
or cestui que trust, that a portion of the personal prop- 
erty in the hands of his Guardian or Trustee, should 
be invested in stock in any public fund, or in real 
estate, and no different provision is made for the dis- 

Disposauf per- posal of such personal property, in the instrument by, 
or under which, such Guardian or Trustee is appoint- 
ed, the court, on petition of such Guardian or Trustee, 
or of any person having an interest in said property, 
may order the same to be invested in such stock or in 
real estate, w ithin such time, and under such limita- 
tions and restrictions, as it shall think proper to im- 

proviso. pose; provided, that notice of the substance of such 

petition be previously given to all persons interested, 
in the same manner as is required in case of petitions 
for partition of real estate; that they may appear and 
shew cause, if any they have, why the prayer of such 
petition should not be granted. And provided, also, 
that nothing in this section, shall be so construed, as 
to take away the right which Guardians and Trustees 
now have to invest the estates of their wards in stock, 
or in any public funds, without application to the said 
Supreme Court of Probate. 

[Approved by the Governor, February 12th, 1821.] 



MARRIAGES. Feb. i2, 1821. 507 



CHAP. LV. 

An Act in further addition to the Act for the orderly 
Solemnization of Marriages. 

Sec. 1. IjE 2^ enacted hy the Senate and House of 
Jiepresentatives, in General Court assembled^ and hy 
the authority of the same, That every stated ordained 
Minister of the Gospel shall be^ and hereby is author- General powers 
ized and empowered to solemnize marriages between " 
persons that may, lawfully, enter into that relation, 
when one or both of the persons to be married, belong 
to the parish or congregation of such Minister, although 
such person or persons shall reside without the limits 
of the town, parish, or district in which such Minister 
may be settled ; and such marriages may be solemniz- 
ed either within the town, parish, or district wherein 
such Minister resides, or wherein such person or per- 
sons may reside. 

Sec. 2. Be it further enacted, That whenever any 
persons, who may, lawfully, enter into the marriage 
relation, shall belong to, or be resident in a town or 
district, in which there shall be no stated ordained 
Minister of the Gospel, of the sect or denomination to 
which such persons, or either of them belong, it shall 
be lawful for any settled, ordained Minister, of the 
sect or denomination to which such persons, or either 
of them belong, residing in any other town or district 
within this Commonwealth, to solemnize marriage be- 
tween such persons, within the town or district where 
they, or either of them reside ; the certiiicate of which 
marriage, shall be filed with the Clerk of the town or 
district where such marriage shall be solemnized : and 
the duties of Ministers and Town Clerks, in relation 
to certificates of marriage, solemnized under the pro- Marria-r certifi- 
visions of this act, and the penalties for the neglect 
thereof, shall be the same as are provided in the act, 
entitled <^^an act for the orderly solemnization of mar- 
riages." 



[Approved by the Governor, February 12th, 1821.] 



508 DIVORCE AND ALD^IONY. Feb. 12, 1821. 

CHAP. LVI. 

An Act respecting Cases of Divorce and Alimony. 

Sec. 1. JlSE it enacted by the Senate and House of 
Jleprese7itatives, in General Court assembled, and by 
the authority of the same, That after a libel for di- 
vorce, whether from the bonds of matrimony, or from 
bed and board, shall have been filed in the office of the 
Clerk of the Supreme Judicial Court, the said court 
shall have power at any term thereof, whether holden 

Pendency of Li- in the coiiuty where such libel is filed, or in any other 
county, on application by petition, to prohibit the hus- 
band from imposing any restraint upon the personal 
liberty of the wife, during the pendency of such libel ; 
and also to make such order or decree concerning the 
care and custody of the minor children of the parties, 
or any or cither of them, as under the circumstances 
of each case, the said court shall judge expedient, and 
for the benefit of such children. And whenever a de- 
" cree of divorce shall be rendered, the said court shall 

have power to make such further order and decree as 

Support of chii- to them may appear expedient, concerning the care, 
custody and support of such minor children, or any or 
either of them; and to determine, Avith which of the 
parents the said children, or any or either of them, 
shall remain. And after such decree rendered, the 
said court shall have power, from time to time, on ap- 
plication by petition, to revise, alter, and amend such 
order or decree, relative to the care, custody and sup- 
port of such children, or any or either of them, as the 
circumstances of the parties, respectively, and the ben- 
efit of such children, may, in their judgment, require. 
Sec. 2. Be it further enacted, That in all cases, 
where alimony may be decreed, the said court shall 
poweysoftiie liave power, in their discretion, to order adequate se- 
curity to be given for the payment of such alimony, 
under sncli limitations as the said court may judge 
proper. And all such orders and decrees, made pur- 
suant to the provisions of this act, shall and may be 
enforced and carried into execution, by process of at- 



LANCASTER COTTON MAN. Feb. 12, 1821. 509 

tacliment, or other proper process, as the ch'cumstances 
of each case may require. And the said court shall 
have power, at their discretion, to grant costs for peti- 
tioners or respondents, in cases arising under this act. 

[Approved by the Governor, February 12th, 1821.] 



CHAP. LVII. 

An Act to incorporate the Lancaster Cotton Manufac- 
turing Company. 

Sec. 1. KE it enacted hy the Senate and House of 
Hejtresentatives, in General Court assembled, and by 
the authority of the same, That David Poignand, Sam- persons mcorpq- 
uel Plant, Benjamin Rich, Isaac Bangs, and Seth"*"' 
Knowles, together with such others as may hereafter ^ 

associate with them, and their successors, be, and they 
are hereby made a corporation, by the name of the 
Lancaster Cotton Manufacturing Company, for the 
purpose of manufacturing cotton, in the Town of Lan- 
caster, in the County of W'orcester; and for that pur- 
pose shall have all the powers and privileges, and be Powers and pnv- 
subject to all the duties and requirements contained in'^''"' 
an act passed the third day of March, in the year of 
our Lord one thousand eight hundred and nine, enti- 
tled ^^ an act defining the general powers and duties of 
manufacturing corporations." 

Sec. 3. Be it further enacted, That said corpora- 
tion may be lawfully seized and possessed of such real 
estate, not exceeding the value of thirty thousand dol- Limitation of 
lars, and such personal estate, not exceeding the value "^'' *'''^'^^^' 
of seventy thousand dollars, as may be necessary and 
convenient for carrying on the manufacture of cotton, 
in the said Town of Lancaster. 

[Approved by the Governor, February 12th, 1821.] 



510 



FIRST BAP. SOC. NEWTON. Feb. 12, 1821. 



CHAP. LVIII. 

An Act to incorporate the First Baptist Society, in 

Newton. 

Sec. 1. JjE 2^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Stephen Dana, Peter 
Persons iucorpo- Lyon, Josiah Bacon, Nathan Patty, Jonathan Bixby, 
Jesse Smith, Reuben Stone, Isaac Uana, Jesse Lyon, 
Thomas Richardson, Eleazer Kingsbury, Seth Col- 
burn, Elisha Wiswall, Elisha Hyde, Enoch Richards, 
Samuel W. Bix, Lemuel Pratt, and their associates, 
and such as shall hereafter unite with them, for the 
purpose of religious worship, and their successors, be, 
and they are hereby incorporated, by the name of the 
First Baptist Society, in Newton, with all the powers, 
privileges, and immunities, to which other religious 
societies are entitled by the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That any Justice of 
the Peace for the County of Middlesex, upon applica- 
tion therefor, is hereby empowered to issue a warrant, 
directed to a member of the said Baptist Society, in 
Newton, requiring him to notify and warn the mem- 
bers thereof, to meet at such convenient time and place, 
as shall be appointed in said warrant, to organize the 
said society, by the appointment of its officers. 

[Approved by the Grovernor, February 12th, 1821.] 



Title. 



First Meeting. 



CHAP. LIX. 

An Act to provide for straightening the Course of the 
River Aggawaum, in the County of Hampden. 

Sec. 1. IjE ii enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That for the purpose of 



Commissioners. 



AGGAWAtJM RIVER. FeJ). 13, 1821. 511 

straightening the course of the River Aggawaum, near 
its mouth, in the meadows in West Springfield, the 
Supreme Judicial Court, at any term thereof, holden 
in either of the Counties of Hampshire or Hampden, 
be, and they are hereby empowered to appoint three 
discreet, disinterested freeholders, of either of the said Appointment of 
counties, who shall be sworn to the faithful discharge 
of the duties of their appointment, and who shall have 
power to meet from time to time, when they may Judge 
it necessary, and view the said river and meadows, 
hear all persons concerned or interested therein, and 
determine whether any alterations in the course of the 
said river would be useful and necessary ; and if so, 
when, where, and in what manner any new channel Duty of commis- 
or channels, shall be cut, and any dam or dams, erect- """''''• 
ed, or obstructions removed, for accomplishing the ob- 
jects aforesaid; and employ any person or persons to 
effect the same, upon such terms as the said Commis- 
sioners may judge reasonable. 

Sec. 2. Be it further enacted, That before any 
channel or channels, shall be cut, or any dam erected,' 
or the waters of said river shall be turned on the land 
of any person or persons, without his or their consent, 
bonds, in the jutlgment of said Commissioners, suffi- 
cient to indemnify him or them, shall be given, and to 
secure the payment of such damages as shall be final- Award of Dam 
ly awarded; or in case the said Commissioners shall '*^"" 
adjudge the same reasonable, such damages as the 
said Commissioners shall order and award, shall be 
paid or tendered. And for the purpose of compensat- 
ing any person or persons, who may be injured in their 
lands, or in any other way, by means of cutting such 
new channel or channels, or by means of any other 
operation under this act, and for defraying all expens- 
es incurred by their doings, the said Commissioners 
are hereby empowered to hear all parties interested, 
and determine the amount of damages by them sus- 
tained, and award due compensation therefor; and for 
that purpose to assess the several proprietors of lands. Assessment of 
and other persons, or corporations, benefited by the '^"* 
doings of the said Commissioners, such sums as to 
them may appear just and equal, as well to make 
compensation; as to defray the expense of erecting 
66 



512 AGGAWAUM lilVEU. Feb. 13, 1821. 

such dams, ciitthig sucli channels, and removing such 
obstructions; and also to appoint and swear a Col- 
lector or Collectors, for collecting the taxes so assess- 
ed; whose duty it shall be to pay the same to such 
person as the said Commissioners shall appoint to re- 
ceive the same. And the said Collector or Collectors, 
shall receive from the said Commissioners, a list or 
lists, of the said assessments, with their warrant or 
warrants, for collecting the same; and thereupon, such 
Collector or Collectors, shall have the same power to 
collect such taxes, as Collectors have by law, in col- 
lecting town taxes. 

Sec. 3. Be it further enacted, That any vacancy 
which may happen by death, resignation, or other- 
vacancies eued. wise, of any of said Commissioners, may be filled in 
the same manner as is provided in the first section of 
this act, for their original appointment. 

Sec. 4. Be it further enacted, That before any 
meeting of the said Commissioners, to determine on 
the time and manner of doing the things which they 
are empowered to do by virtue of the first section of 
this act; and also any meeting for making the assess- 
pubiic notice to meuts aforesaid, public notice shall be 2:iven thereof, 

be given. ■' ^ ^ . 

at least fourteen days, before the day of holding such 
meeting, by causing an advertisement, signed by any 
two of them, in which shall be specified the time, place 
and object of such meeting, to be published in a news- 
paper printed in Springfield, two weeks successively; 
and also by causing like advertisements to be posted 
up in some public place, in each of the said Towns of 
Springfield and West Springfield, that all persons 
interested in their doings, may be heard thereon : Pro- 
vided, however, that the said Commissioners may ad- 
journ any such meeting from time to time, as they may 
think proper, giving all persons present, notice of the 
time and place to which they may adjourn. And the 
said Commissioners shall keep a record of their pro- 
ceedings, and shall be holden to permit all persons 
interested therein, to inspect the same at all reason- 
able times. 

Sec. 5. Be it further enacted, That any persons 
aggrieved by the doings of the said Commissioners, or 
of any other person or persons, in pursuance of the 



FARMERS' ASSOCIATION. Feb. 13, 1821. 513 

authority and powers by this act given, may appeal to Appeals for dam- 
the Supreme Judicial Court, holden for the County of ''^*^'* 
Hampden, at the term thereof next after the cause of 
such grievance shall have accrued: And any person 
who may have sustained any damage, by any act or 
thing, done by the said Commissioners, or by their 
authority, when the said damage may have been suf- 
fered after the term of said court, holden next after 
such doings, may also appeal to the said court, at the 
term holden next after such damages accrued : And 
the said court are hereby authorized to hear and de- 
termine upon such appeal ; and if any question of fact 
shall arise thereon, may direct an issue to be tried by 
a jury, either upon a view, or at the bar of said court, 
and may render judgment, and award execution there- 
on : Provided, however, that whenever any appeal is Proviso. 
made, notice in v»Liting, of such appeal, shall be left 
with the said Commissioners, or one of them ; and pro- 
vided, also, that no appeal shall be sustained for dam- 
ages incurred, more than two years after the doing of 
any act complained of. 

[Approved by the Grovernor, February 13th, 1821.] 



CHAP. LX. 

An Act to establish the Farmers' Association. 

Sec. 1. JjE it enacted bij the Senate and House of 
Representatives, in General Court assembled, and by 
the authoHty of the same, That Epaphras Hoyt, Isaiah Persons incorpo- 
Wing, Orlando Ware, Ralph Williams, Jolin Wilson, 
Ephraim Williams, 2d, Jonas Bridges, Henry Hitch- 
cock, Charles Hitchcock, Frederick Boyden, Ralph 
Arms, Quartus Hawks, Asahel Wright, Samuel Cat- 
lin, and Elihu Hoyt, together with such others as may 
hereafter associate with them, be, and they hereby are 
made a corporation, by the name of the Farmers' As- 
sociation, for the promotion of agriculture, and for the 
encouragement of experiments therein ; and for this 



514 



FARMERS' ASSOCIATION. Feb. 13, 1821 



Powers and pri-purpose, sliall liavc all the powers and privileges and 
viieges. j^^ subject to tlic like duties and restrictions as incor- 

porated agricultural societies in this Commonwealth ; 
and the said corporation may hold and possess real 
estate, not exceeding the value of five thousand dollars, 
Limitation of re- and mav hoUl personal estate, the annual income of 

Si\ osteite *^ -L ■' 

which shall not exceed the sum of one thousand dol- 

proviso. lars : Provided^ that nothing in this act shall be con- 

sidered as extending to this corporation, any of the 
provisions of an act, entitled " an act for the encour- 
agement of agriculture and manufactures, passed the 
twentieth day of February, in the year of our Lord 
one thousand eight hundred and nineteen. '^ 

Sec. 2. Be it further enacted^ That the said soci- 
ety shall have authority to establish and maintain a 

library. library, and for that purpose may choose such addi- 

tional officers, as may be necessary, and may raise 
money by assessments on the several proprietors there- 
of, as they may judge necessary, for preserving and 

By-laws. increasing the same ; may make by-laws for the regu- 

lation of said library, not repugnant to the constitution 
and laws of this Commonwealth, and may annex and 
recover penalties for any breach of such by-laws, not 
exceeding three dollars for any one breach thereof. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Franklin, is hereby author- 
ized to issue a warrant directed to one of the members 
aforesaid, requiring him to notify and warn the first 

FirstMeeting. meeting of said society to be held in Deerfield, at such 
convenient time and place, as may be appointed in said 
warrant, to organize said society by electing necessary 
officers and forming rules and regulations for the gov- 
erning of the said society. 

[Approved by the Grovernor, February 13th, 1821.] 



TAX.— SCHOOL LANDS. Fel. 13, 1821. 515 



CHAP. LXL 

A.n Act to apportion and assess a Tax of One Hun- 
dred and Four Thousand, Five Hundred and Fif- 
teen Dollars and Kighty Nine Cents, and to provide 
for the reimbursement of Sixteen Thousand, Five 
Hundred and Eighty Dollars, paid out of the public Pay of cmiust. 
Treasury, to the Members of the House of Repre- 
sentatives, for their attendance at the two last ses- 
sions of the General Court. 

[Approved by the Governor, February 13th, 1821.] 



CHAP. LXIL 

An Act to authorize the Sale of certain School Lands, 
in the County of Berkshire. 

Sec. 1. JdE it enacted hy the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Snellem Babbit, Es- 
quire, of Savoy, be, and he is hereby empowered to 
sell, either by public auction, or at private sale, as he Gram of powers. 
may judge most for the interest of those concerned, 
and pass deeds to convey all the lands reserved for 
the use of schools, in the grant originally made to 
William Bullock, Esquire, and his associates, situate 
in tlie County of Berkshire, and the avails of the said 
sale shall be paid over, and appropriated, as is here- 
inafter, in this act provided. And whereas a part of 
said grant has been incorporated into the Town of 
Savoy, a part thereof, into the Town of Florida, and 
a part into the Town of Clarksburgh, and a part 
thereof, still remains unincorporated ; 

Sec. 2. Be it therefore enacted, That the monies 
arising from said sale, shall be divided between the Distribution of 
said Towns of Savoy, Clarksburgh, and Florida, and'"""''^* 
the said unincorporated tract of land, in proportion to 
the quantity of land in said original grant, included in 



516 



SCHOOL LANDS. 



Feh. 13, 1821. 



Monies to be 
paid over. 



said Savoy, Florida, and Clarksburgh, and said un- 
incorporated tract of laud ; the said division to be made 
under the direction of the Judge of Probate for the 
County of Berkshire, upon the principles before men- 
tioned. 

Sec. 3. Be it further enacted, That the said Snel- 
lem Babbit shall, previous to his making sale of the 
Bonds to be giv- Said scliool lauds, give bond to the Judge of Probate 
for the said County of Berkshire, in a reasonable sum, 
with sufficient surety, for the faithful performance of 
his duty therein, and for the faithful application and 
appropriation of the monies which may come into his 
hands, from the avails of said lands, according to the 
provisions of this act. 

Sec. 4. Be it further enacted, That the said Snel- 
lem Babbit shall, as soon as may be, after the sale of 
said lands, pay over the proceeds thereof, to the re- 
spective Town Treasurers of the Towns of Savoy, 
Clarksburgh, and Florida, and also to the Treasurer 
of said territory, at this time unincorporated; provided, 
the same shall then have been incorporated into a 
town, in proportion to the sums that shall be coming 
to the said towns respectively, according to the pro- 
visions of this act. And in case the said unincorporated 
tract shall not have been incorporated into a town, at 
the time the said monies shall have been received 
from the said school lands, and ready to be paid over 
as aforesaid, it is hereby provided, that as soon as 
there shall be at least ten freeholders residing within 
the limits of the said unincorporated territory, the 
said freeholders shall have authority to appoint, from 
among their number, one as an Agent, to receive from 
the said Snellem Babbit, that portion of the avails of 
said school lands, to which they may be entitled: 
Provided, however, that the said Agent that may be 
thus appointed, shall, previous to his receiving the 
said money, execute a bond, with sufficient surety, in 
a reasonable sum, to the Judge of Probate for the 
County of Berkshire, for the faithful application of 
the money which may come into his hands, according 
to the provisions of this act. 

Sec. 5. Be it further enacted. That the monies 
arising from the sale of the said school land, shall be 



Agent to give 
bonds. 



COUNTY TREASURER. Feb. 13, 1821, 517 

put out at interest, as soon as may be, and secured 
either by mortgage on real estate, or by two sufficient 
sureties; and the interest and profits only, of said sureties. 
funds, shall ever be appropriated to the use of schools. 
And it shall never be in the power of either of the said 
towns, or of the inhabitants of said unincorporated 
tract, to alienate or vary the appropriation of the said Permanency of 
funds, or to apply them to any other object than the*^"*"^'" 
use of schools. 

Sec. 6. Be it further enacted, That in case the 
said unincorporated tract shall not have been incorpo- 
rated into a town, and shall not contain within its 
limits, at the least, ten freeholders, at the time said 
Babbit shall have in his hands the monies arising 
from said school lands, ready to pay over, according 
to the provisions of this act, it shall be the duty of the 
said Babbit to put out on interest, to be secured as be- Disposition of 
forementioned, that part of said money, to which the 
said unincorporated territory may be entitled, until 
the inhabitants shall be enabled to receive the same, 
according to the provisions of this act. 

[Approved by the Governor, February 13th, 1821.] 



CHAP. LXIII. 

An Act directing the time and manner of appointing a 
County Treasurer, for the County of Suffolk. 

Sec. 1. JjE it enacted by the Senate and House of 
Kepresentatives, in General Court assembled, and by 
the authority of the same, That the Selectmen, the 
Overseers of the Poor, and the Board of Health of the 
Town of Boston, and the Selectmen of the Town of 
Chelsea, shall meet in convention, in the Town of 
Boston, on the second Monday of June, annually, and 
elect, by ballot, some suitable person, being an inhab- 
itant of the county, to be County Treasurer, for the Election of 
County of SujBblk, for the term of one year from said er?'"^ ^'^''"'"'" 
second Monday of June, and until another person shall 



518 



COUNTY TREASURER. 



Feb. 13, 1821. 



Record of pro- 
ceeding9« 



First Meeting. 



Repeal of all 
former laws. 



be aj3pointed and qualified to act in his stead. And 
whenever the said office of County Treasurer shall 
become vacant, by death, resignation, or otherwise, 
the vacancy shall be filled in the same manner. And 
the said convention may meet at such other times, and 
in such manner, as they may from time to time, direct; 
and may make to the person so chosen to be County 
Treasurer, such allowances for his services in execut- 
ing the duties of his office, as to them shall seem reas- 
onable. And the person so appointed, and accepting 
the office, shall be sworn to the faithful discharge of 
the trust, and shall give bonds for the performance of 
the duties of siiid office, to the satisfaction of the con- 
vention, above named. 

Sec. 2. Be it further enacted, That the Town 
Clerk of the Town of Boston, or in his absence, such 
person as the said convention may appoint, shall be 
present at all meetings, and shall make a record of 
the proceedings of the convention, in a book to be kept"" 
by him for that purpose. 

Sec. 3. Be it further enacted, That the Selectmen 
of the Town of Boston be, and they are hereby author- 
ized to give notice of the first meeting of the said con- 
vention, seven days at least, before the second Monday 
of June next. 

Sec. 4. Be it further enacted, That all laws here- 
tofore made, in relation to the mode of electing County 
Treasurers, so far as they relate to the County Treas- 
urer of the County of Suflblk, be, and the same are 
hereby repealed. 

[Approved by the Grovernor^ February 13th, 1821.] 



UATEABLE ESTATE IN MASS. Feb. 13, 1821. 519 



*■ 



CHAP. LXIV. 



An Act to ascertain the Rateable Estate within this 
Commonwealth. 

Se». 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Assessors for each 
town, district, and plantation, within this Common- 
wealth, for the year one thousand eight hundred and 
twenty one, shall, on or before the first day of Octo- 
ber next, take and lodge in the Secretary's Office, a 
true and perfect list, conformably to the list hereto an- 
nexed, of all male polls, including negroes and mulat- poiu. 
toes, of sixteen years old and upwards, whether at 
home or abroad, (distinguishing those of sixteen years 
old and upwards to twenty one years, from those that 
are twenty one years old and upwards, also distinguish- 
ing such as are exempted from taxation,) and of all 
rateable estate, both real and personal, lying within lul'sutl^""*''' 
or adjacent to their respective towns, districts, or plan- 
tations, (not exempted by law from paying State taxes,) 
expressing by whom occupied or possessed, particular- 
ly distinguishing such adjacent estates, and particular- 
ly mentioning dwelling houses and shops under the 
same roof, or adjoining thereto, shops separate from 
them, distil houses, sugar houses, tan houses, slaugh- 
ter houses, pot and pearl ash works, ware houses, 
wharves, grist mills, fulling mills, saw mills, iron 
works and furnaces, bake houses, and all other build- valuation of pro- 
ings and edifices of the value of twenty dollars and^" ^' 
upwards, and the number of tons of vessels and small 
craft of every kind, upwards of five tons burthen, com- 
puting the same according to the rules established by 
the laws of the United States, whether at home or 
abroad, and the amount of each person's whole stock 
in trade, including all goods, wares, and merchandize, 
at home or abroad, paid for or not paid for ; also those 
in their hands by factorage, also government securities 
of all kinds, particularly distinguishing securities of 
the United States, and all other monies at interest, 
67 



520 



RATEABLE ESTATE IN MASS. Feb. 13, 1820. 



Manner of tak- 
ing valuatiuu. 



Exceptions. 



I'rovisos. 



more than any creditor pays interest for; also the whole 
amount of monies on hand, including such as may be 
deposited in any l)ank or with any agent, exclusive of 
such as may belong to any stockholder as such, the 
amount of stock held by tlie stockliolders in any bank; 
tlie number of ounces of plate of all kinds, tlie number 
of shares in any toll bridges or turnpikes, horses, neat 
cattle and swine of the respective ages in the said list 
mentioned. And the said Assessors, in taking the said 
valuation, shall distinguish the diflerent improvements 
of land, and return tlie list in the following manner, 
viz. : The number of acres of pasture land, with the 
number of cows, and all the after feed of the whole 
farm, the same land will keep ; the number of barrels 
of cider that has been annually produced on an aver- 
age, upon the whole farm since the last valuation ; the 
number of acres of tillage land annually improved for 
that use ; the number of bushels of grain and corn of 
all sorts the same will yearly produce ; the number of 
acres of salt marsh, with the tons of hay annually pro- 
duced therefrom ; the number of acres of English up- 
land and fresh meadow mowing land, with the tons of 
hay of each sort annually produced therefrom ; also, 
all cow rights and all woodland of every sort, and lands 
belonging to any town or other proprietary, improved 
or unimproved ; also, the number of acres improved 
for roads, and covered with water, according to the best 
estimation of the Assessors ; and all such lands the 
owners and occupiers of which are liolden to pay a quit 
rent to Harvard College pursuant to the direction of 
the original donor or donors, that the same may be 
considered in the valuation which may be established, 
in pursuance of this act ; excepting, however, the polls 
of the President, Professors, Tutors, Librarians, and 
other officers of Harvard and Williams Colleges, actu- 
ally residing at Cambridge or Williamstown, and Stu- 
dents at either of said Collo ,es, of settled Ministers, 
of Grrammar School Masters, and Preceptors of the 
several incorporated Academies, with their estates un- 
der their own actual occupation and improvement, and 
also all the estates belonging to the said Harvard and 
Williams Colleges, and to the said Academies : Pro- 
videdf however^ that when the estate, real and person- 



RATEABLE ESTATE IN MASS. Feb. 14, 1821. 521 

al, of any person hereby exempted, shall exceed the 
sum of eight thousand dollars, the surplus shall then 
be included in the valuation hereby directed to be tak- 
en : Provided, alicays, that the several articles of the 
produce of the lands herein before enumerated, shall 
not be taken into consideration in forming a valuation 
for any other purpose, than for ascertaining the relative 
value of lands in the various parts of this Common- 
Avealth. And the said Assessors shall cause all the 
columns of the several articles contained in tlie several 
lists, to be carefully cast up and footed ; and the lists 
of the polls and rateable estates to be taken as afore- 
said, shall be taken as of the first day of May next. 

Sec. 2. Be it further, enacted, That the said As- 
sessors, before they enter on this work, shall take the 
following oath or affirmation, viz. : You, A. B. being oath of Asses- 
chosen an Assessor for the year eighteen hundred and'*""" 
twenty one, do swear, (or affirm) that you will faith- 
fully and impartially, according to your best skill and 
judgment, do and perform the whole duty of an As- 
sessor, as directed and enjoined by an act of this 
Commonwealth, made in the present year, entitled 
^•^an act to ascertain the rateable estate within this 
Commonwealtli," Avithout favor or prejudice. So help 
you (rod. Which oath or affirmation, may be admin- 
istered by such officers as are now authorized, by law, 
to administer the usual oaths to town officers. And 
each and every Assessor shall be allowed by the town, 
district, or plantation, to which he belongs, the sum of 
one dollar and twenty five cents for every day which Pay of Assessors. 
he shall be necessarily employed in doing the duties 
enjoined by this act. 

Sec. 3. Be it further enacted. That if any Assessor 
of any town, district, or plantation, within this Com- 
monwealth, for the year aforesaid, shall refuse to take 
such oath or affirmation, or, having taken the same, 
shall neglect or refuse to do and perform the duties 
required by this act, or shall act in any way fraudu- 
lently or deceitfully therein, he shall for each of those 
oft'ences, forfeit and pay a fine of not less than oneFinev 
hundred dollars, nor more than two thousand dollars, 
at the discretion of the court before whom trial shall 
be had. And every person liable to be taxed, and 



622 RATExVBLE ESTATE IN MASS. Feb. 13, 1821. 

not out of this Commonwealth, on, and from the first 
clay of May next, to the first day of August next, 
who shall refuse, or wilfully neglect to give the As- 
sessors, in writing, and on oath or aifirmation, if re- 
quired, (which oath or affirmation, the said Assessors 
are hereby respectively empowered to administer,) a 
true account of all his or her rateable estate, accord- 
ing to the true intent and meaning of this act, shall be 
doomed by the said Assessors, according to their best 
skill and judgment, to the full amount of his or her 
rateable estate. And the oath last mentioned, shall be 
of the following form, viz. : You, C. D. do swear (or 
affirm) that all your rateable estate, conformable to 
this list, here shewn by you, doth not exceed this ac- 
count, by you now exhibited, according to your best 
knowledge and judgment: So help you God. Provi- 

proTiso. dedy nevertheless^ that every person conscientiously 

scrupulous of taking an oath, in the form required ])y 
law, who shall be required to take eitlier of the oaths 
aforesaid, shall be excused therefrom, upon solemnly 
, and sincerely affirming the truth of the declarations 
therein contained, under the pains and penalties of 
perjury. 

Sec. 4. Be it further enacted, That the Treasurer 
of this C'ommonwealth shall forthwith transmit to the 
Sheriffs of the several counties, a number of copies of 

Blank lists. this act, and of blank lists of the form prescribed here- 
in, sufficient for the use of the Assessors of the several 
towns, districts and plantations, in their several coun- 
ties, who are hereby enjoined and required, imme- 
diately on receipt thereof, to cause the same to be 
delivered to the Clerks of the several towns, districts 
and plantations aforesaid. 

Sec. 5. £e it further enacted, That the Assessors 
in each town, district and plantation in this Common- 
wealth, for the year eighteen hundred and twenty one, 
shall, on or before the said first day of October next, 
transmit to the Secretary's Office, a true and attested 
copy of the valuation by w hich the Assessors of the 
said towns, districts and plantations, made the State 
tax in their respective towns, districts and plantations, 
for the year eighteen hundred and twenty. And all 
fines and forfeitures arising by this act, may be recov- 



RATEABLE ESTATE IN MASS. Feh. 13, 1821. 52S 

ered in tlie Supreme Judicial Court of this Common- Recovery of 
wealth, by action of debt, one moiety to him or them 
who shall sue for the same, and the other moiety to 
the use of the Commonwealth ; or by information filed 
in the same court, by the Attorney or Solicitor Gen- 
eral, in which case, the forfeiture shall wholly accrue 
to the Commonwealth. And the Secretary is hereby 
required to furnish the Attorney and Solicitor General 
with a list of those towns, districts and plantations, 
the Assessors of which shall neglect to lodge in his 
office a list of the polls and estates agreeably to the 
provisions of the first section of this act, to the end 
that they may be prosecuted at the discretion of said 
officers. 

Sec. 6. Be it further enacted, Tliat the following 
shall be the form of the list, for the valuation of the 
year eighteen hundred and twenty one. 

A list of tlie polls and estates, real and personal, 
of the several proprietors and inhabitants of the town, 
district, or plantation of in the county 

of taken pursuant to an act of the Le- 

gislature of this Commonwealth, passed in the year of 
our Lord eighteen hundred and twenty one, entitled 
^i^an act to ascertain the rateable estate within this 
Commonwealth," by the subscribers. Assessors of the 
said duly elected and sworn. 

Number of polls rateable, sixteen years old and up- 
wards, to twenty one years. 
Number of polls rateable, twenty one years old and 

upwards. 
Number of male polls not rateable, nor supported by valuation iist. 

the town. 
Number of male polls supported by the town. 
Number of dwelling houses. 
Number of shops within, or adjoining to dwelling 

houses. 
Number of other shops. 
Number of distil houses. 
Number of sugar houses. 
Number of tan houses. 

Number of slaughter houses, and other working houses. 
Number of pot and pearl ash works. 
Number of ware houses. 



524 RATEABLE ESTATE IN MASS. Feb. 13, 1821. 

, Number of rope walks. 

Number of grist mills. 

Number of carding machines, with their buildings. 

Number of fulling mills. 

Number of spinning machines going by water, with 
their buildings. 

Number of saw mills. 

Number of small arm manufactories, with their build- 
ings. 

Number of slitting mills. 

Number of cotton and woollen factories, with their 
buildings. 

Number of other mills. 

Number of iron works and furnaces. 

Number of glass factories. 
Valuation list. Number of card factories. 

Number of bake houses. 

Number of barns. 

Number of all other works, buildings and edifices, of 
the value of twenty dollars and upwards. 

Number of superficial feet of wharf. 

Number of tons of vessels and small craft, of five tons 
burthen and upwards, at home or abroad, 
computing the same according to the rules 
established by the laws of the United States. 

The amount of every person's whole stock in trade, 
goods, wares, and merchandize, at home or 
abroad, paid for or not paid for. 

The annual amount of commissions arising from fac- 
torage. 

The amount of securities of the United States, of this 
State, or any of the United States, and at 
what rate of interest. 

The amount of money on hand, including such as may 
■ be deposited in any bank, or with any agent, 
and exclusive of such as may belong to any 
stockholder as such. 

The amount of stock, held by the stockholders in any 
bank. 

Number of ounces of plate. 

Num|)er of shares in any toll bridges, or turnpikes, 
and the value of such shares^ with the an- 
Hual income thereof. 



RATEABLE ESTATE IN MASS. Feb. 13, 1821. 525 

Number of acres of tillage land, including orchards 
tilled. 

Number of bushels of wheat. 

Number of bushels of rye. 

Number of bushels of oats. 

Number of bushels of Indian corn. 

Number of bushels of barley. 

Number of bushels of peas and beans, raised on the 
said tillage land, by the year. 

Number of pounds of hops. 

Number of acres of English and upland mowing, in- 
cluding orcharding mowed. 

Number of tons of hay, the yearly produce of the same. 

Number of acres of fresh meadow. 

Number of tons of hay, the yearly produce of the same. 

Number of acres of salt marsh. 

Number of tons of hay, the yearly produce of the same. 

Number of acres of pasturage, including the orchard- 
ing pastured. 

Number of cows the same will keep, with the after 
feed of the whole farm. 

Number of barrels of cider which can be made yearlyvaiuationr.it. 
upon the w hole farm. 

Number of cow rights. 

Number of acres of woodland, exclusive of pasture land 
enclosed. 

Number of acres of unimproved land. 

Number of acres of land unimproveable. 

Number of acres of land owned by the town. 

Number of acres owned by other proprietors. 

Number of acres of land used for roads. 

Number of acres of land covered with water. 

Number of horses three years old and upwards. 

Number of oxen four years old and upAvards. 

Number of steers and cows three years old and up- 
wards. 

Number of swine six months old and upwards. 

Amount of real estates doomed. 

Amount of personal estates doomed. 

Sec. 7. Be it further enacted, That the Treasurer 

of this Commonwealth shall cause to be ascertained 

the number of acres of wild land situate in this Com- 
monwealth, which are without the limits of any incor- 



526 LAW OF THE ROAD. Feb. 14, 1821. 

porated towns, or of any district or plantation Avhere 
Assessors are elected, according to law, (and which 
Wild lands. wild lands are owned by non resident proprietors,) 
and the said Treasurer shall cause a true list of the 
same to be made, and also of the several counties 
wherein the same are situated, and on or before the 
first day of October next, the said Treasurer shall 
transmit a copy of said list to the Secretary of State 
for the time being. 

[Approved by the Governor, February 13th, 1821.] 



CHAP. LXV. 

An Act establishing the Law of the Road. 

Sec. 1. JjE it enacted by the Seriate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That in all cases of persons 
meeting each other on any bridge, turnpike, or other 
road, within this Commonwealth, travelling with car- 
riages, waggons, carts, sleds, sleighs, or other vehicle, 
the persons so meeting, shall seasonably turn, drive and 
convey their carriages, waggons, carts, sleds, sleighs, 

Travellers to Or otlicr vehiclc, to the right of the centre of the trav- 

' elled part of such bridge, turnpike, or road, so as to 

enable each other's carriages, waggons, carts, sleds, 

sleighs, or other vehicle, to pass each other, without 

interference or interruption. 

Sec. 2. Be it further enacted, That no person shall 
be allowed to travel on any bridge, turnpike, or other 
road, within this Commonwealth, with any sleigh, or 
sled, drawn by a horse or horses, unless there shall 

Bells- be three or more bells attached to the horse or horses, 

or to some part of the harness thereof. 

Sec. 3. Be it further enacted. That every person 
offending against any of the provisions of this act, 
shall forfeit and pay for each offence or neglect, a fine 

Fines. not less than one dollar, nor more than twenty dollars, 

to the use of the Commonwealth, to be recovered on 



NAMES CHANGED. Feb. 14, 1821. 527 

complaint before any Justice of the Peace in the county 
where the offence shall be committed ; and shall more- 
over, be held answerable to any party injured, for all 
damages which may be sustained in consequence of 
such offence or neglect: Provided, that no prosecution 
shall be sustained under this act, unless upon com- 
plaint duly made, within ninety days from the time 
when the offence shall have been committed; nor any provisos. 
action for damages, unless the same shall be commen- 
ced within one year after the cause of such action 
shall have accrued : Jlnd provided, also, that no prose- 
cution shall be sustained for any violation of the pro- 
visions of the first section of this act, except on the 
complaint of the person or persons aggrieved, or some 
one duly authorized by the person or persons ag- 
grieved. 

Sec. 4. Be it furtlier enacted^ That this act shall 
take effect, and be in force from and after the first day 
of June next, and not before. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXVI. 

An Act to change the Names of the Persons therein 
mentioned. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That John Hayden, Junior, 
son of John Hayden, of Cambridge, trader, shall be 
allowed to take the name of John Cole Hayden ; that 
Abel Wrifford, of Boston, writing master, may take 
the name of Allison Wrifford ; that Sarah Davis Dorr, 
daughter of William Dorr, of Dorchester, may take 
the name of Sarah Whitney Davis Dorr; that Thom- Names changen, 
as Green, of Boston, printer, may take the name of 
Thomas Allen Green; that Jacob Read, Junior, of 
Salem, trader, may take the name of John Read; that 
Nathaniel Fisher, of Boston, merchant, may take the 
68 



528 NAMES CHANGED. Feh. 14, 1821. 

name of George N. Fisher; that William Luscomb, 
tlie third, of Salem, son of William Luscomb, Junior, 
late of Salem, painter, deceased, may take the name 
of William George Luscomb; that Thomas Wood- 
bridge Hooper, of Boston, may take the name of Tho- 
mas Woodbridge; that Flavel Kay, of Northborough, 
trader, may take the name of John Flavel Fay; that 
Charles Parsons, of Boston, merchant, son of Thomas 
Parsons, of said Boston, merchant, may take the name 
of Charles Thomas Parsons; that Consider Rowland 
Hammatt, of Boston, mercliant, may take the name of 
Charles Howland Hammatt ; that Elizabeth Stick- 
ney, daughter of Thomas Stickney, late of Worces- 
ter, deceased, may take the name of Elizabeth Stick- 
ney Ward ; that Tilley Rice, of Worcester, may take 
the name of George Tilley Rice ; that John Tap- 
pan, of Boston, merchant, may take the name of John 
Gallison Tappan; that Darius Holbrook, Junior, of 
Boston, merchant, may take the name of Darius Blake 
Names changed. Holbrook ; that Phiueas James Whitney, of Shirley, 
son of Thomas Whitney, Esquire, may take the name 
of James Phineas Whitney; that John Jones, of Bos- 
ton, jeweller, may take the name of John Belknap 
Jones ; that De Lucena Palmer, of Amherst, may take 
the name of Frederick Augustus Palmer; that Agnes 
Bradlee, daughter of John W. Bradlee, of Boston, 
may take the name of Agnes Love Bradlee; that 
Thomas H. Oliver, of Salem, gentleman, may take 
the name of Henry Kemble Oliver; that Lillie Phelps, 
of Charlestown, may take the name of Elisha Lillie 
Phelps ; that Argalus Thomas, of Western, innhold- 
er, may take the name of Samuel B. Thomas; that 
Abraham Hammatt, son of William Hammatt, late of 
Boston, deceased, may take the name of Abraham 
Barker Hammatt; that Joseph Stanley, of Danvers, 
shoemaker, may take the name of Joseph Ober Pres- 
cott; that Daniel Sigourney, of Boston, son of Daniel 
Sigourney, late of Chelsea, may take the name of 
Daniel Andrew Sigourney; that Nathan Tufts, the 
third, of Charlestown, son of Amos Tufts, blacksmith, 
may take the name of Nathan Adams Tufts ; that Ab- 
igail Stone, of Lincoln, single woman, and daughter of 
Gregory Stone, may take the name of Abigail Hart- 



FISHERY IN CAMBRIDGE, &c. Feb. 14, 1821. 529 

well Stone; that Silas Prouty, of Scituate, mariner, 
may take the name of Silas Penniraan; that Benjamin 
Downes, of Newburyport, may take the name of Ben- 
jamin Robert Downes; that John Harris, of Boston, 
of the firm of Gores and Harris, may take the name 
of John Sharrad Harris ; that Henry Weed, of Dana, 
may take the name of Henry Stinson Weed; that Pel- 
ham Bonney, of Pembroke, may take the name of 
Pelham Winslow Bonney; that William Josselyn, of 
the said Pembroke, may take the name of William 
Warren Josselyn. 

Sec. 2. Be it fiirtlier enacted, That from and after 
the passing of this act, the several persons herein be- 
forenamed, shall be known and called by the names, 
which by this act, they are respectively allowed to Legality of 
take and assume as aforesaid; and that said names'^"' 
shall forever hereafter be considered as their only 
proper and legal names, to all intents and purposes. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXVII. 

An Act for the regulation of the Shad and Alewive 
Fishery in Cambridge, Charlestown, Medford, and 
West Cambridge. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the act passed on the 
sixteenth day of February, in the year of our Lord one 
thousand seven hundred and eighty nine, entitled " an 
act to prevent the destruction of the fish called shad 
and alewives, in Mystick River, so called, within the 
Towns of Cambridge, Charlestown, and Medford, and 
for repealing all laws heretofore made for that pur- 
pose," shall be taken and construed to extend to the Extension of for- 
Town of West Cambridge, in the County of Middle- 
sex, as fully to all intents and purposes, as if the said 



53Q 



FISHERY IN CAMBRIDGE, &c. Fel). 14, 1821. 



Power of Com- 
mitttis. 



Forfeitures. 



■Restriction in 
taking Fish. 



Town of AVest Cambridge had ])ecn originally named 
in said act ; and it shall be lawful for the inhabitants 
of the said Town of West Cambridge, to catch and 
take any of the said fish Avithin the limits of said town, 
on all such days and times, as by tlie provisions of the 
act aforesaid, it is made lawful for the inhabitants of 
the said Town of Cambridge to catch them, and on no 
other days or times. 

Sec. 2. Be it further enacted. That any member of 
the several Committees for the preservation of fish, an- 
nually to be chosen in each of said Towns of Cam- 
bridge, Charlestown, Medford, and West Cambridge, 
shall have full power and authority to do any act or 
thing, in any or either of the said to\vns, whicli hereto- 
fore might have been lawfully done by a majority of 
either of said Committees, within the town where such 
Committee was chosen, and sliall be entitled to and 
enjoy all the privileges and protection, when in the 
exercise or discharge of their duties, in either of said 
towns, which a majority of either or any of the said 
Committees were heretofore entitled to and enjoyed, 
when acting in discharge of their said duties, within 
the limits of the particular town, for w hich such Com- 
mittee was chosen. And any person who shall dis- 
turb or hinder any or either of said Committee men in 
the execution of the duties of their said office, shall 
forfeit and pay, for every such oifence, a sum not ex- 
ceeding twenty dollars, nor less than ten dollars ; and 
each and every pecuniary penalty to be forfeited and 
paid by the aforesaid act, for a breach or violation of 
any of the provisions thereof, is hereby raised and in- 
creased to a sum not exceeding twenty dollars, nor less 
than ten dollars, in lieu of the sums therein mentioned, 
to be forfeited and paid respectively. 

Sec. 3. Be it further enacted^ That for the better 
securing to the said Towns of Cambridge, Charles - 
town, Medford, and West Cambridge, their equal 
benefit from said fishery, the said Town of Medford 
shall be restricted to fish only on the ebb tide, on suck 
days as by the act aforesaid are provided for the in- 
habitants of said Medford, to take said fish ; and every 
person who shall catch or take any of said fish upon 
the flood tide, within the said Town of Medford, or 



JblSHERY IN CAMBRIDGE, &c. Feh. 14, 1821. 531 

who shall set, or continue in any of the rivers or other 
waters mentioned in said act, within the said Town of 
Medford, upon the flood tide, any net, seine, or other 
fishing implement for the purpose of catching any of 
said fish, or to obstruct their passage up or down said 
rivers, streams or waters aforesaid, shall for each and 
every such offence, incur the like forfeitures and pen- penaitiej. 
alties as shall be incurred by force of this act, by any 
person who shall catch or take any of said fish con- 
trary to the provisions of the act mentioned in the first 
section of this act. 

Sec. 4. Be it further enacted, That the inhabitants 
of the said Town of Charlestown, shall be prohibited prohibitions. 
and restricted from setting or continuing any net, seine, 
or other fishing implement in any of the rivers, streams, 
or waters aforesaid, only while actually drawing or 
dragging for said fish, except as hereinafter provided ; 
and every person, who shall within the Town of 
Charlestown, set, or continue any such net, seine, or 
other fishing implement, in any of the rivers or waters 
aforesaid, which may stop or obstruct the passage of 
said fish, up or down the same, unless such person, 
at the same time, shall be actually engaged in drawing 
or dragging for said fish, except as hereinafter is pro- 
vided, shall, for each and every such offence, incur 
like forfeitures and penalties as shall be incurred by penalties. 
force of this act, by any person who shall catch any of 
said fish, contrary to the provisions of the act, mention- 
ed in Uie first section of this act : Provided, neverthe- pioyiso, 
less, that nothing herein contained, shall be construed 
to deprive the said inhabitants of Charlestown of the 
right of setting and having one stationary net or seine 
in Little River, so called, at any and all times, between 
the hours of twelve of the o'clock at noon, and twelve 
of the o'clock on the following night, on all such days 
as are lawful for said inhabitants to take said fish. 

Sec. 5. Be it further enacted, That no net, seine, 
or other fishing implement, shall ever be placed or 
used in the said Mystic River, nor in the said Little 
River, within fifteen rods from the point where the 
waters from those two rivers meet; and every such prohibitions. 
net, seine, or other fishing implement, which shall be 
found situated in either of said rivers, contrary to the 



532 



FISHERY IN CAJVIBRIDGE, &c. Feb. 14, 1821. 



Penalties. 



provision aforesaid, shall be wholly forfeited to the 
use of any person who shall find the same; and every 
person who shall be guilty of placing or putting any 
such net, seine, or other fishing implement in either of 
said rivers, within fifteen rods from the meeting of the 
waters of those rivers as aforeaid, shall forfeit and pay 
prosecuxion for for each and every such offence, the sum of twenty dol- 
lars, to be recovered before any Justice of the Peace 
for said County of Middlesex. And any person who 
shall be guilty of opposing or hindering the removal 
of any net, seine, or fishing implement, which shall be 
found situated in either of said rivers, contrary to the 
provisions of this section, shall forfeit and pay the 
sum of twenty dollars, to be recovered in the same 
manner as the forfeiture last above mentioned. 

Sec. 6. Be it further enacted, That any person or 
persons, who shall at any one time catch or have in 
' his or their possession, within either of said Towns of 

Cambridge, Charlestown, Med ford, or West Cam- 
bridge, any of said fish, after they have cast their 
spawn, to the number of twenty or upwards, shall 
forfeit and pay for each and every offence, a sum not 
exceeding twenty dollars, nor less than ten dollars. 

Sec. 7. Be it further enacted. That every net, seine, 
or other fishing implement, which shall be placed or 
used in any of the rivers, streams, or waters aforesaid, 
within either of said towns, contrary to the provisions 
of this act, or the act mentioned in the first section of 
this act, as also all fish that shall be taken contrary 
to any of the provisions of either of said acts, shall all 
be forfeited to the use of any person or persons who 
shall detect or discover any such fish to be taken as 
aforesaid, or any such net, seine, or other fishing im- 
plement to be situated or used as aforesaid; and all 
forfeitures or penalties to be incurred for a breach of 
any of the provisions of either of the acts aforesaid, 
shall be recoverable by any of the inhabitants of either 
of said Towns of Cambridge, Charlestown, Medford, 
and West Cambridge, in an action of debt, before any 
court proper to try the same; one half the amount 
thereof to the use of the plaintiff in such action, and 
the other half to the use of the town where he belongs. 

[Approved by the Governor, February 14th, 1831.] 



Seizure of nets, 
fieinec, &c. 



Distribution of 
fines. 



PAYMENT OF STATE DEBT. FeJj. 14, 1821. 533 



CHAP. LXVIII. 

Au Act providing for the Payment of one fourth part 
of the State Debt. 

Sec. 1. jKE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authornty of the same. That the Treasurer of the 
Commonwealth be, and he is hereby directed and em- 
powered to pay, on the first day of July next ensuing, payment of pub- 
one fourth part of the debt due from this Common- '"^'^^^*' 
wealth, on notes issued on authority and in behalf of 
this Commonwealth, bearing an interest of five per 
centum per annum, in addition to the interest which 
shall then have accrued thereon. 

Sec. 2. Be it further enacted, That the Treasurer 
shall issue new notes to the several holders of the 
notes aforesaid, similar to those issued under the act 
of June fourteenth, in the year of our Lord one thou- 
sand eight hundred and ten, entitled "an act repealing 
an act providing for the payment of two fifth parts of 
the State debt, and for other purposes, and providing 
for the payment of one fifth part of the State debt, and Reservation of 

■■■ , interest. 

for other purposes,'' mutatis mutandis, for the balance 
which sliall be due to them, after deducting and paying 
off one fourth part of the State debt as aforesaid. And 
the one fourth part of the State debt, as aforesaid, sliall 
cease to bear interest after the first day of July next : 
Provided, however, that the Treasurer shall issue no 
new note for a less sum than one hundred dollars ; but 
in any case, where, after the deduction of one fourth 
part, it would be incumbent on him to issue any such 
note, he be, and he is hereby directed and empowered 
wholly to pay the same : »dnd jwovided, also, that the 
Treasurer shall not include in any new note to be is- 
sued, the fractional parts of a dollar ; but such fraction- 
al parts of a dollar shall be paid by him, in addition 
to the instalment of one fourth part provided to be paid 
as aforesaid. 

Sec. 3. Be it further enacted. That the Treasurer 
be, and he is hereby authorized to make sale of and 



stock. 



I 

534 PAYMENT OF STATE DEBT. Feb. 14, 1821. 

transfer the five certificates of new six per cent, stock, 
amounting to forty nine thousand, one hundred and one 
saie^ofpubiick doUars, and fifty nine cents; together with the eight 
certificates of seven |3er cent, stock, amounting to sev- 
enty nine thousand and sixty seven dollars, which cer- 
tificates of stock are in his hands ; and that the proceeds 
thereof, together with all the money now in the hands 
of the Treasurer, or which may hereafter come into 
his hands, be appropriated to the purposes aforesaid, 
excepting such sums as may be necessary for defray- 
ing the expenses of the government, and such as have 
been, or may be otherwise appropriated by law. 

f Approved by the Governor, February 14th, 1821.] 



CHAP. LXIX. 

An Act providing for the Payment of the whole 
State Debt. 

Sec. 1. r>E it enacted by the Senate and House of 
JRepresentatives, in General Court assembled, and by 
the authority of the same, That the Treasurer of this 
Commonwealth be, and he is hereby directed and em- 
saieofpubiic powercd to make sale of, and to assign the certifi- 
""'•^ cate of three per cent, stock, now in his possession, 

amounting to two hundred and forty nine thousand, 
seven hundred and sixty dollars and twenty cents ; 
provided, the same shall not be disposed of at a less 
rate than seventy five dollars for every hundred dol- 
lars of said three per cent, stock. 

Sec. 2. Be it further enacted, That if the Treasur- 
er shall be able so to dispose of the three per cent, 
stock as aforesaid, before the first day of July next, he 
papnentofpub-be, aud hc is hereby directed and empowered to pay 
off the remainder of the debt of this Commonwealth, or 
such part thereof as shall then appear unprovided for. 
Sec 3. lie it further enacted, That for the purpose 
of paying off said debt, in case said three per cent, 
stock shall be thus sold, the Treasurer be; and he is 



PASSAGE WAY FOR FISH. Feb. 14, 1821. 535 

liereby authorized to borrow of any bank corporation Powei to borrow 
or individual, such sum, not exceeding one hundred 
and seventy thousand dollars, on the best terms he may 
be able to make, not exceeding the rate of five per cen- 
tum per annum. 
[Approved by the Governor, February 14th, 1821.] 



CHAP. LXX. 

An Act to regulate the Passageway for Fish through 
the Canal Mill Dam, irt Billerica, and for other 
purposes. 

Sec. 1. JdE 2f enacted by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same, That so long as there shall 
be kept and upheld, a dam across Concord River, in 
the Town of Billerica, where the mill dam of the pro-shiiceorpassa 
prietors of the Middlesex Canal now is situated, there '^'^ 
shall be kept open «it the usual place in said dam, a 
sluice or passage way for fish to pass up and down the 
river through said dam, from the first day of April to 
the twentieth day of May in each year; which sluice 
or passage way shall be constructed with a permanent 
mud sill, to be placed upon the bottom of the natural 
channel of said river, with permanent abutments and 
a cross timber at the top, not less than thirty inches 
above the mud sill, and shall not be less than fifteen 
feet in breadth, except only, when by reason of the 
falling of the water in said river, there shall not be 
more than twenty four inches of water above said mud 
sill, the said passag eway, with the advice and consent 
of the Fish Wardens of Billerica, given in writing, 
may be diminished in proportion to the depth of the 
water; provided, hoicever, that it shall never be re- 
duced to a less breadth than six feet. 

Sec. 2. Be it further enacted, That so long as the 
said proprietors, occupant or person upholding said 
mill dam, shall cause to be kept open, a sluice or pas- 
69 



opeQ. 



536 EIGHTH MASS. TUUNPIKE. Feb. 14, 1821. 

sageway for fish througli said dam, of the dimensions 
aforesaid, and for the time aforesaid, neither of the said 
proprietors, or any tenant or occupant of said mills or 

Penalties. mill dam, shall be liable to any penalty or prosecution 
whatever, by force of any act relative to the obstruction 
of the passage of fish up and down said river. 

Sec. 3. Be it further enacted, That the seventh 
section of an act, entitled ^-an act further regulating 
the fishery in the Merrimack River, and the streams 
running into the same,'' passed the eighteenth day of 

Repeal of part of June, oue tliousaud eifizht hundred and nineteen, be, 

former law. iji -ii i-i 

and the same is hereby repealed. 
[Approved by the Groveruor, February 14th, 1821.] 



CHAP. LXXI. 

An Act relating to the Eighth Massachusetts 
Turnpike Corporation. 

JjE it enacted by the Senate and House of 
Representatives^ in General Court assembled, and by 
the authority of the same, That the provisions of the 
second section of an act, entitled "an act in addition 
to an act entitled an act for establishing a corporation 
by the name of the Eighth Massachusetts Turnpike 
Corporation," passed the thirteenth day of February, 
in the year of our Lord one thousand eight hundred 
and nineteen, so far as they relate to the amount of 
loll taken by the said corporation, at their middle gate, 
Extension of be, aud the same are hereby extended to the twentieth 

former Ikw, i p t j. 

day oi January next. 
[Approved by the Governor, February 14th, 1821.] 



TAXES IN SALEM. Feb. 14, 1821. 537 



CHAP. LXXII. 

An Act regulating the Assessment and Collection of 
Taxes in the Town of Salem. 

Sec. 1. 15E z# enacted by the Senate and House of 
RejJresentatives^ in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
Town of Salem, at their meeting for the choice of 
Town Officers, annually, may elect three persons in 
each of the four wards of said town, to assist the As- Regulating the 
sessors in taking a list of the polls, in estimating the mat"ins^pvoperty 
value of their personal property, and appraising the 
value of all real estates in said town ; and the twelve 
persons thus chosen, shall, within twenty days after 
their election, meet and choose by ballot, three persons A'ssessors to be 
to serve the town in the office of Assessors, the ensuing"'"'""' 
year ; which Assessors shall have the same powers, 
as are by law vested in Assessors chosen by other 
towns in this Commonwealth. And in case of the 
death, or resignation of any person, so chosen to assist 
the Assessors as aforesaid, the Selectmen of said Town 
of Salem are hereby empowered and directed to call 
a new meeting of the inhabitants, to choose a suitable vacancies mied 
person to supply the place of the person so dead or""*' 
declining to serve. ' 

Sec. 2. Be it further enacted, That from and after 
the passing of this act, the Selectmen, the Overseers 
of the Poor, and the Board of Health of the Town of 
Salem, shall annually, in the month of March or April, 
meet in convention in said Town of Salem, and elect 
by ballot, some suitable person to be Treasurer and 
Collector of taxes in said town, who, when chosen as 
aforesaid, shall have like powers, and be subject to powers of ceiiec 
like duties, in the execution of his said office, as other "' ' 
Town Treasurers and Collectors of taxes have, and are 
subject to by law, in this Commonwealth. And the said 
Town Treasurer or Collector shall continue in office one 
year, and until another person is chosen and qualified to 
execute said offices ; and a record of the appointment 
shall be made by the Town Clerk of said Town of 
Salem, in the records of said town, kept by him. 



538 TAXES IN SALEM.— J. AYER. Feb. 14, 1821. 

Sec. 3. Be it further enacted, That the said Town 
Treasurer and Collector, to be appointed as aforesaid, 
shall be sworn to the faithful discharge of his trust, 

Officers to give aud sliall glvc bouds to the said Town of Salem, con- 
ditioned for the faithful performance of the duties of 
his said office, as the said Selectmen, Overseers of the 
Poor and Board of Health, met in convention as afore- 
said, shall direct, previous to entering upon the duties 
of said office : Provided, however, that the said Se- 
lectmen, Overseers of the Poor, and Board of Health, 
shall never reappoint auy person to said office of Tow^n 
Treasurer and Collector of taxes, until sucli person 
shall have faithfully completed the execution of his 
duty in said office, to which he w as appointed the year 
preceding, and a full and complete settlement of the 
taxes by him to have been received or collected, ac- 
cording to law, shall have been made, or he shall have 
been excused therefrom by a vote of said Town of Sa- 
lem. And whenever by death, resignation, or other- 
wise, the said office of Town Treasurer and Collector 

Powers of the shall be vacant, the aforesaid Selectmen, Overseers of 
the Poor, and Board of Health, shall be authorized to 
fill such vacancy in manner aforesaid, by a new ap- 

pr^riso. pointment: Provided, that this act shall not have any 

effect until the same shall have been agreed to by the 
inhabitants of the ToAvn of Salem, in town meeting 
assembled, for the purpose of acting on the same. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXIII. 

An Act to annex James Ayer to the First Parish in 
Haverhill. 

JDE it enacted by the Senate and House of 
Hepresentatives , in General Court assembled, and by 
the authority of the same. That James Ayer, with his 
poll and estate, be set off from the East Parish, and 
annexed to the Firsh Parish in Haverhill ; provided, 
that the said James Ayer shall previously pay his 



COMPENSATION TO CLERKS. Feb. 14, 1821. 539 

proportion of all taxes assessed upon him, in the said 
East Parish, before the passing of this act. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXIV. 

An Act regulating the number and compensation of the 
Clerks in the Offices of the Secretary and Treasurer 
of the Commonwealth. 

IJE it enacted by the Senate and House of 
jRepresentativeSj in General Court assembled, and by 
the authority of the same, That from and after the first 
day of June next, the Secretary and Treasurer of this 
Commonwealth, shall each be authorized to employ in 
their respective departments, not more than two regu- 
lar Clerks, Avho shall be paid for their services out of Number of 
the treasury of this Commonwealth, as follows, to wit : 
The Chief Clerk of each department, twelve hundred 
dollars yearly, and the Assistant Clerks each ninecompensatiMuo 
hundred dollars yearly, and in the same proportion *"' '* 
for any shorter term of time for which they may be 
employed; and the respective salaries aforesaid, shall 
be paid in quarterly payments ; provided, that nothing 
in this act shall prevent the employment of a greater 
number of Clerks in either of said offices, whenever it 
shall be necessary, during any session of the Greneral 
Court. 

[Approved by the Governor, February 14th, 1821.] 



540 FALMOUTH BANK. Fah. 14, 1821. 



CHAP. LXXV. 

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

Sec. 1. JjB it enacted hy the Senate and House of 
Mepresentatives, in General Court assembled, and hij 
the authority of the same, That Elijah Swift, Ward 

Persons incorpo- M. Parlicr, Thomas Swift, Shiibael Lawrence, Brad- 
dock Uimmick, Nathaniel Lewis, Elisha P. Fearing, 
William Bodfish, Francis Weeks, and Weston Jen- 
kins, their associates, successors and assigns, shall be, 
and here])y are created a corporation, by the name of 
the President, Directors and Company of the Fal- 
mouth Bank, and shall so continue from the sixth day 
of August next, until the first Monday of October, 
which will be in the year of our Lord one thousand, 
eight hundred and thirty one; and the said corpora- 
tion shall always be subject to the rules, restrictions, 
limitations, taxes, and provisions, and be entitled to 

Rights and piir- the Same rights, privileges, and immunities, which are 

*'^^** contained in an act, entitled " an act to incorporate the 

President, Directors and Company of the State Bank," 
excepting so far as the same are modified or altered 
by this act, as fully and effectually as if the several 
sections of said act w^ere herein specially recited and 

Proviso. enacted: Provided, hoivever, that the amount of bills 

issued from said bank, at any time, shall not exceed 
fifty per centum beyond the amount of the capital 
stock actually paid in. 

Sec. 2. Be it further enacted. That the capital stock 
of said corporation, shall consist of the sum of one hun- 

capitai stock, dred thousand dollars in gold and silver, to be (besides 
such part as this Commonwealth may subscribe, in 
manner hereinafter mentioned,) divided into shares of 
one hundred dollars each, which shall be paid in four 
equal instalments : the first on or before the fifteenth 
day of August next, the second on or before the fif- 
teenth day of November next, the third on or before 
the fifteenth day of June, eighteen hundred and twen- 
ty two, the fourth on or before the fifteenth day of 



FALMOUTH BANK. Feb. 14, 1821. 541 

August, eighteen liundied and twenty two, or at such 
earlier time as the stockholders, at any meeting there- 
of, may order. And no such stockholder shall be al- 
lowed to borrow at said bank, until he shall have paid conditions for 
in his full proportion of the whole of said capital stock °"'°''''"^" 
of one hundred thousand dollars; and no dividend 
shall be declared on the capital stock of said bank, 
until the whole of said capital stock shall have been 
paid in, conformably to the provisions of this act. And 
the stockholders at their iirst meeting, shall by a ma- 
jority of votes, determine the mode of transfering and 
disposing of said stock, and the profits thereof, which xransfei of stock 
being entered in the books of said corporation, shall 
be binding on the stockholders, their successors and 
assigns, until they shall otherways determine. And 
the said corporation are hereby made capable in law, 
to have, hold, purchase, receive, possess, enjoy, and 
retain to them, their successors, and assigns, lands. May how Reai 
rents, tenements, and hereditaments to the amount of 
ten thousand dollars, and no more, at one time; with 
power to bargain, sell, dispose, and convey the same 
by deed, under the seal of said corporation, and signed 
by the President, or two of the Directors ; and to loan 
and negotiate their monies and effects, by discounting 
on banking principles, on such security as they shall 
think advisable : Provided, Jioivever, that nothing here- 
in contained shall restrain or prevent said corporation 
from taking and holding real estate in mortgage, or on 
execution, to any amount, as security for, or in pay- 
ment of any debts due to the said corporation: Jbid 
provided J further, that no monies shall be loaned, orLoanofmonie.., 
discounts made, nor shall any bills or promissory notes 
be jssued from said bank, until the capital subscribed 
and actually paid in, and existing in gold and silver in 
their vaults, shall amount to fifty thousand dollars. 

Sec. 3. Be it further enacted. That the said bank 
shall be established, kept, and transact their business 
at Falmouth ; and five of the Directors thereof, at least. Location. 
shall be inhabitants of Falmouth. 

Sec. 4. Be it further enacted, That no more than 
three fourths of the Directors elected, who shall be in 
office at the time of an annual election, exclusive of the 
President, shall be elected for the next succeeding 



542 



FALMOUTH BANK. 



Feb, 14, 1821. 



Limitation of 
office. 



State loans. 



CiroTiso. 



FFrst Meeting. 



year ; and no Director shall hold his office more than 
three years out of four, in succession, except the Di- 
rector that is President at the time of an annual elec- 
tion, who may be reelected. 

Sec. 5. Be it fm'ther enacted^ That w^henever the 
Legislature shall require it, the said corporation shall 
loan to the Commonwealth, any sum of money which 
shall be required, not exceeding ten per centum of the 
capital stock actually paid in, at any one time, reim- 
burseable by five annual instalments, or any shorter 
period, at the election of the Commonwealth, with the 
annual payment of interest, at a rate not exceeding five 
per centum per annum: Provided, however, that the 
Commonwealth shall never stand indebted to the cor- 
poration, without their consent, for a larger sum than 
twenty per centum of their capital actually paid in. 

Sec. 6. Be it further enacted, That the persons 
herein beforenamed, or any three of them, are author- 
ized to call a meeting of the members and stockholders 
of said corporation, as soon as may be, at Falmouth, 
by advertising the same for one week, at three public 
places in said town, for the purpose of making, ordain- 
ing, and establishing such by-laws, ordinances, and 
regulations, as the said stockholders shall deem ne- 
cessary, and for the choice of the first Board of Direct- 
ors, and such other officers as they shall see fit to 
choose. 

Sec. 7. Be it further enacted, That the Common- 
wealth shall have a right, whenever the Legislature 
shall make provision therefor by law, to subscribe on 
account of the Commonwealth, a sum not exceeding 
Commonwealth ouc half of the Capital stock actually paid in, to be 
may o stoc . ^^j^j^^j ^^ ^|^g Capital stock of said corporation, subject 
to such rules, regulations, and provisions, as to the 
management thereof, as shall, by the Legislature, be 
made and established. 

Sec. 8. Be it further enacted, That whenever the 
Commonwealth shall subscribe to the capital stock of 
said corporation, in manner herein before provided for, 
in addition to the Directors, by law, to be chosen by 
the stockholders, the Legislature shall have a right 
stale Directors, from time to time to appoint a number of Directors to 
said bank, in proportion as the sum paid from the 



UNION COTTON FACTORY, &c. Feb. 14, 1821. 54S 

treasury of the Commonwealth shall bear to the whole 
amount of stock actually paid into said bank, if at any 
time hereafter, they shall see fit to exercise that right. 

Sec. 9. Be it further enacted, That the Cashier, 
before he enters upon the duties of his office, shall 
give bond, with two sureties, to the satisfaction of the cashier to give 
Board of Directors, in a sum not less than twenty 
thousand dollars, with conditions for the faitliful dis- 
charge of his office. 

Sec. 10. Be it further enacted, That the said cor- 
poration, from and after the first day of October next, 
shall pay by way of tax to the Treasurer of this Com- state Tax. 
monwealth, for the use of the same, within ten days 
after the first Monday of April and October, annually, 
the half of one per centum on the amount of stock 
which shall have been actually paid in. 

Sec. 11. Be it further enacted, That the said cor- 
poration shall be liable to pay to any bona fide holder, 
the original amount of any note of said bank, counter- counterfeits. 
feited, or altered in the course of its circulation, to a 
larger amount, notwithstanding such alteration: And 
that the said corporation shall not, at any place what- 
ever, directly or indirectly, purchase, receive, pay, or 
exchange any bill or note of said bank, or of any other Equality of ex- 
bank, incorporated within this Commonwealth, for any*"''^"^"' 
less sum than the nominal value expressed in such bill 
or note. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXVI. 

An Act for altering the Names of the Union Cotton 
Factory Company, and the Brimfield Cotton and 
Woollen Manufacturing Company. 

Sec. 1. JJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Union Cotton Fac- 
tory Comikny, in Monson, County of Hampden, shall 
70 



544 ESSEX TURNPIKE CORJPO. Feb. 14, 1821. 

Alteration of hereafter be called and known by the name of the 
Monson Manufacturing Company. 

Sec. 2. Be it further enacted, That the Brimfield 
Cotton and Woollen Manufacturing Company, in 

TiU(v Brimfield, in the County of Hampden, shall hereafter 

be called and known by the name of the Brimfield 
Manufacturing Company. 

Sec. 3. Be it further enacted, That said manufac- 
turing companies, shall, from and after the passing of 

Legality of name this act, be kuowu by the names which they are here- 
by respectively allowed to take, and that the same 
shall be considered as their proper corporate names. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXVII. 

An Act further regulating the Essex Turnpike Cor- 
poration, and the Andover and Medford Turnpike 
Corporation. 

XjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Governor be au- 
thorized and empowered to nominate and appoint, from 
time to time, on the application of the Proprietors of 
the Andover and Medford Turnpike Corporation, or 
of the Essex Turnpike Corporation, three Commis- 
sioners, who shall have the same powers and perform 
the same duties as are prescribed for the Commission- 
ers mentioned in the act, passed the twenty seventh 
day of February, in the year of our Lord one thousand 
eight hundred and seven, entitled " an act in addition 
to sundry acts establishing and regulating the Essex 
Turnpike Corporation and the Andover and Medford 
Turnpike Corporation." 

[Approved by the Governor, February l4tli, 1821. ][ 



Commissioners 
to be appointed. 



COURT OF COMMON PLEAS. Feb, 14, 1821. .545 



CHAP. LXXVIII. 

An Act coucerning the Office of Attorney General and 
Solicitor General. 

JdE it enacted by the Senate and House of 
Representatives y in General Court assembled, and by 
the authority of the same, That whenever the office of 
Attorney General, or Solicitor General of this Com- 
monwealth, shall be vacant by death, resignation, or Expiration cf 
otherwise, the salary annexed to the office, which shall" 
first so become vacant as aforesaid, shall thenceforth 
cease and determine. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXIX. 

An Act to establish a Court of Common Pleas for the 
Commonwealth of Massachusetts. 

Sec. 1. JjE it enacted by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same, Tliat there be, and hereby 
is established, a Court of Common Pleas, for the Com- 
momvealth of Massachusetts, and that there shall be 
held and kept in each county within the Common- 
Avealth, at such times and places, as are now by law 
appointed for holding the Boston Court of Common 
Pleas, and the Circuit Courts of Common Pleas, with- 
in the respective counties of said Commonwealth, a 
Court of Common Pleas, which court shall be holden 
by one or more Justices of the Court of Common Pleas, 
who shall be a citizen of said Commonwealth, and 
shall be appointed and commissioned pursuant to the 
provisions of this act, and shall have original and jurisdiction of 
exclusive jurisdiction of all civil actions, arising or*^"""" 
happening within the counties of said Commonwealth, 



546 COURT OF COMMON PLEAS. Feb. 14, 1821. 

respectively, excepting sacli actions, wherein the Su- 
preme Judicial Court, or where Jusdces of the Peace 
now have original jurisdiction : and shall also have 
jurisdiction of all such oflences, crimes and misde- 
meanors, as, before the passing of this act, were cog- 
nizable by the Boston Court of Common Pleas, and 
i^ the respective Circuit Courts of Common Pleas; and 
shall also have appellate jurisdiction of all civil actions 
and of all crimes and offences, where an appeal may 
now by law be made to the Boston Court of Common 
Pleas, and the Circuit Courts of Common Pleas, from 
the sentence or judgment of a Justice of the Peace. 
And the said Court of Common Pleas are hereby fully 

Judgment and autliorlzed to give judgment, award execution, admin- 
ister all necessary oaths and affirmations, and to do, 
execute, perform and order, whatever by the consti- 
tution and laws, it shall be their duty to do, or what- 
ever the Boston Court of Common Pleas, and the 
Circuit Courts of Common Pleas, before the passing 
of this act, were authorized to do, execute and per- 

rroviso. form ; provided, nothing in this act shall be so con- 

strued as to affect the original or appellant jurisdiction 
given by law to the Municipal Court for the Town of 
Boston. 

Sec. 2. Be it fiirtlier enacted, That there shall be 
appointed, commissioned and qualified, in manner pro- 
vided by the constitution, four meet persons to be Jus- 
tices of the Court of Common Pleas within this Com- 

QuaiiJication of mouwealth, who shall be men of sobriety of manners, 

Judges. ^^^^ learned in the law : one of whom shall be ap- 

pointed and commissioned Chief Justice of said court, 
and who shall hold their office during good behaviour. 
And either of said Justices, so appointed, commission- 
ed and qualified, shall have power to hold the Courts 
of Common Pleas, within any county in this Common- 
wealth, at the same times and places as the Boston 
Court of Common Pleas, and the several Circuit Courts 
of Common Pleas, are now by law to be holden there- 
in. And whenever it shall so happen, that no Justice of 
said court shall attend, at the time and place, at which 
said court, by law, or by previous adjournment, was to 

AdjouniuRuis. have been held, then, and in such case, the Sheriff of 
the county may adjourn the said court, from day to 



COURT OF COMMON PLEAS. Feb. 14, 1821. 54t 

day, or time to time, as the circumstances of the case 
may require, and shall make puhlic notification there- 
of, in writing, or by publishing the same in a newspa- 
per printed in the county. 

Sec. 3. Be it further enacted, That all writs and 
processes, issuing from the Court of Common Pleas, 
shall be in the name of the Commonwealth of Massa-» 
chusetts, shall bear test of one of the Justices of said 
court ; and such writs and processes shall be under 
the seal of said court, and signed by the Clerk of said 
court, in the county where the writ or process may be 
returnable ; and shall have force, be obeyed and exe- 
cuted in every county within this Commonwealth; and summonses. 
all original processes shall be summons, capias or at- 
tachment, and shall be served and returned in the same 
way and manner as is now provided by law for the 
service and return of similar processes ; and the forms 
of all processes and executions shall be so far altered 
and changed, as to conform to the provisions of this act. 

Sec. 4. JBe it further enacted. That any party ag- 
grieved at the judgment of the Court of Common Pleas, 
in any real action, or in any personal action, wherein 
any issue has been joined, in which the debt or damages 
demanded, shall exceed the sum of one hundred dol- 
lars, may appeal therefrom, to the next Supreme Ju- Appeah.- 
dicial Court, to be holden within and for the county 
where such judgment may be rendered; and the party 
so appealing, before such appeal be allowed, shall re- 
cognize with suiiicient surety or sureties to the adverse 
party, in a reasonable sum, to prosecute his appeal to 
the court appealed to, and pay all such costs as may 
arise in any such suit after such appeal ; and where 
any such appeal shall be made by any plaintiif, and 
lie shall not recover more than one hundred dollars at 
the court appealed to, the plaintiff shall not recover any 
costs at the court appealed to, on such appeal ; but the 
defendant shall be entitled to recover his costs against 
the plaintijQP on such appeal, and shall have a separate separate judg- 
judgment therefor ; and in case such appeal was made """'^'' 
by the defendant, and, the debt or damages recover- 
ed on the original action, shall not be reduced on the 
appeal, the plaintiff' shall be entitled to recover double 
costs of suit ou the appeal, and have his judgment and 



548 COURT OF COMMON PLEAS. Feb. 14, 1821. 

execution accordingly, and no execution shall issue on 
the judgment appealed from ; and in case the party 
appealing, shall neglect to enter his appeal, the court 
appealed to may, upon complaint, proceed to render 
judgment upon such action, agreeably to the provisions 

Proviso. of this act: Provided^ however, that the court to which 

appeal is made, shall have power to set oft' such judg- 
ment as the defendant may recover against the judg- 
ment which the plaintiflP may recover in said suit ; and 
provided^ also, that if the Supreme Judicial Court 
shall certify, that there was reasonable cause for such 
appeal made by the plaintiif, the plaintilF thereupon 
recover his costs of the appeal. 

Sec. 5. Be it further enacted, That it shall be law- 
ful for either party, thinking himself or herself aggriev- 
ed by any opinion, direction, or judgment of said Court 
of Common Pleas, in any matter of law, to allege ex- 

Esceptions. ccptious to tlic samc, which exceptions being reduced 
to writing, in a summary mode, and being presented to 
the court, before the adjournment thereof, and found 
conformable to the truth of the case, shall be allowed 
and signed by the presiding Judge or Justice of said 
court, and thereupon all further proceedings in such 
action in said court shall be stayed, and the party 
making such exception shall enter such action at tlie 
Supreme Judicial Court, at the next term thereof for 
the same county, and shall produce there a copy of all 
the papers, as in case of appeal. And the said Su- 
preme Judicial Court shall have cognizance thereof, 
and consider and determine the same action, in the 
same manner as they are authorized to do in respect 
to actions, on wliich questions of law are reserved in 
any of the modes prescribed by law, by any one Jus- 
tice of the Supreme Judicial Court, and shall render 
judgment, and issue execution thereon, or may grant a 

BTew trials. new trial at the bar of said court, as law and justice 
shall require : Provided, that when any party alleging 
exceptions as aforesaid, shall fail to enter to the action 
at the first succeeding term of tlie said Supreme Judicial 
Court for the same county, and complaint thereof shall 
be made by the adverse party, as is provided in cases of 
appeal ; or whenever the said Supreme Judicial Court 
shall determine^ that any exceptions alleged in manner 



COURT OF COMMON PLEAS. Feb. 14, 1821. 549 

aforesaid, are frivolous, and intended only for delay, 
the said Supreme Judicial Court shall award double 
the costs of that court, against the party making the ex- Assessment of 
ceptions ; but when the exceptions shall not appear to ''"' '' 
have been made for delay only, although they may by 
said court be deemed insufficient for arresting judg- 
ment, the said court shall, in such case, award only 
single costs against the party making the exceptions, 
and shall increase any damages recovered in the court, 
before which such exceptions were allowed, so as that 
interest, at the rate of six per centum per annum, be 
allowed to the time of rendering the final judgment. 

Sec. 6. Be it further enacted, That nothing in this 
act shall be construed to deprive any party of his or 
her right to a writ of error, for any error appearing writs of error, 
of record in any action, or to prevent any party ag- 
grieved by the opinion or judgment of said Court of 
Common Pleas, rendered upon any issue at law or case 
stated by any parties, and where it is not agreed that 
the decision of such court shall be final, from appeal- 
ing therefrom to the Supreme Judicial Court, as here- 
tofore: Provided, that no right shall be reserved or 
allowed, to wave the pleadings or statement of the 
case joined or made in said Court of Common Pleas; 
but the Supreme Judicial Court shall decide the cause 
upon the same pleadings or state of the case, upon 
which the judgment appealed from, was founded. 

Sec. 7. Be it further enacted, That in addition to 
the powers herein before enumerated, the said Court 
of Common Pleas shall have power, at the term at 
which any judgment in any action (wherein said court 
have final jurisdiction) is rendered, or at any subse- 
quent term thereof, within one year from the rendition Rendition, 
of any judgment, on petition or motion, first giving due 
notice thereof to the adverse party, to grant a new or 
further trial of any such action, for any cause for which, 
by the common law, a new trial may now be granted, 
or when, upon due examination, it shall appear to said 
court, that justice has not been done between the par- 
ties, upon such terms, restrictions and limitations as 
the said court may deem just and reasonable. And 
said Court of Common Pleas shall have power from 
time to time; to make and establish all such rules foi- 



550 



COURT OF COMMON PLEAS. Feb. 14, 1821. 



.'Penalties. 



^ntry of actions, the eiitrj of actioHs, filing pleas iu abatement, and de- 
murrers to declarations, and for the orderly and well 
conducting the business thereof, as may i)e thought 
proper; provided^ the same are not repugnant to the 
laws of the Commonwealth. 

Sec. 8. Be it further enacted, That the Grand and 
Traverse Jurors now required to attend the Boston 
Court of Common Pleas, and the Circuit Courts of 
Common Pleas in the respective counties, shall be re- 
quired to attend the Court of Common Pleas holden 
within the respective counties, in the same manner and 
under the same penalties, that they are now holden by 
law to attend the Boston Court of Common Pleas, and 
the Circuit Courts of Common Pleas ; and shall give 
their attendance on such days of each term, as shall 
be directed by the Court of Common Pleas in each 
county, respectively, and the writs of venire facias 
shall issue accordingly. 

Sec. 9. Be it further enacted, That all actions, suits^ 
matters and things, which may be pending in the Bos- 
ton Court of Common Pleas, and the several Circuit 
Courts of Common Pleas within this Commonwealth, 
and all writs, executions, warrants, recognizances, and 
processes returnable to, and which would have had 
day therein, had not this act been passed, shall, after 
this act shall take effect, be returnable to, and have day 
in, and be fully acted upon by the Court of Common 
Pleas created by this act, in the respective counties 
where the same may be now pending, or are made re- 
turnable. And all parties, jurors, witnesses and others, 
who would have been held to appear at the Boston 
Court of Common Pleas, and the Circuit Courts of 
Common Pleas, then next to be holden in this Com- 
monwealth, after this act shall take effect, shall be 
holden to appear at the next Court of Common Pleas, 
created by this act, iu their respective counties. And 
the said Court of Common Pleas, created by this act, 

Powers of Court, shall in the counties respectively, have full power and 
authorityH;o grant any executions, to carry into effect 
any judgment rendered in the Boston Court of Com- 
mon Pleas, and the Circuit Courts of Common Pleas 
now in existence, in the same manner as said courts 
might, had not this act been passed. 



Writs, &c. rC' 
mrnable. 



COURT OF COMMON PLEAS. Feb. 14, 1821. 551 

Sec. 10. Be it further enacted, That the Chief Jus- 
tice of said Court of Common Pleas, shall, during his 
continuance in office, receive from the treasury of this 
Commonwealth, in full for his services, the sum ofsaiaries. 
twenty one hundred dollars, annually, in equal quar- 
terly payments ; and the said Justices of said Court 
of Common Pleas, shall, during their continuance in 
office, receive from the treasury of the Commonwealth, 
in full for their services, annually, the sum of eigiiteen 
hundred dollars, each, in equal quarterly payments. 
And if either of said Justices of said Court of Common 
Pleas, shall accept of any office under the government 
of the United States, or of a seat in either branch of 
the Leirislature of this Commonwealth, or of any office conditions of 

d y fj rt office. 

under the government of the same, except the office of 
Justice of the Peace, or an office in the militia, his 
office of the Justice of the Court of Common^ Pleas, 
shall thereby be vacated ; and it shall be the duty of 
the Grovernor, with the advice of the Council, to supply 
the vacancy in the manner before pointed out in this act. 

Sec. 11. Be it further enacted, That all fees wliich 
have heretofore been paid to Justices of the Boston 
Court of Common Pleas, and the Circuit Courts of 
Common Pleas, shall hereafter be paid into the treas- Deposit of Fee^. 
ury of the Commonwealth, by the Clerks of the Court 
of Common Pleas; and the Clerks of the Boston Court 
of Common Pleas, and the Circuit Courts of Common 
Pleas, shall be the Clerks of the Courts of Common 
Pleas within their respective counties. 

Sec. 12. Be it farther enacted, l^lmt the acts, entitled 
»^an act establishing a Court of Common Pleas, within 
and for the County of Suftblk, to be styled the Boston 
Court of Common Pleas,'' and ^^an act establishing Former acts, e- 
Circuit Courts of Common Pleas, within this Common- ^^^^ ' 
wealth," and all acts, and parts of acts, in addition 
thereto, be, and the same are hereby repealed. 

Sec. 1.3. Be it further enacted, That this act shall 
take effect, and be in force, from and after the iirst day 
of August next : Provided, that the Governor, by and 
with the advice and consent of the Council, may ap- Appointments. 
point the Judges of the said Court of Common Pleas^, 
71 



552 BEDFORD COM. INSUR. CO. Feb, 15, 1821. 

as soon after the first day of July next, as he shall 
see fit. 

[Approved by the Governor, February 14th, 1821.] 



CHAP. LXXX. 

An Act to incorporate the Bedford Commercial 
Insurance Company. 

Sec. 1. JdE zf enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Gideon Howlaud, Juu- 

persons incorpo. ior, William R. Rotch, John Howland, Junior, Cor- 
nelius Grinnell, Junior, and Samuel Borden, with their 
associates, successors, and assigns, be, and they hereby 
are incorporated into a company and body politic, by 

Title. the name of the Bedford Commercial Insurance Com- 

pany, with all the powers and privileges granted to 
insurance companies, and subject to all the restric- 
tions, duties, and obligations, contained in a law of 
this Commonwealth, entitled "an act to define the 

General powers, powcrs, dutics, aud rcstrictious of insurance compa- 
nies," passed on the sixteenth day of February, in the 
year of our Lord one thousand, eight hundred and 
eighteen, and in a law of this Commonwealth, entitled 
*<an act authorizing the several insurance companies 
in this Commonwealth, to insure against fire," passed 
on the twenty first day of February, in the year of our 
Lord one thousand, eight hundred and twenty, for 
and during the term of twenty years after the passing 
of this act; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and defend 
to final judgment and execution, and may have a com- 
mon seal, which tliey may alter at pleasure ; and may 

MayhoidReai purchasc, liold, and convey any estate, real or person- 

fcstate. ^^^ ^^^^ ^j^^ ^^^ ^j g^.^ company; provided, the said 

real estate shall not exceed the value of fifteen thou- 
sand dollars, excepting such as may be taken for debt, 



BEDFORD COM. INSUR. CO. Feb. 15, 1821. 553 

or held for collateral security for money due to said 
company. 

8ec. 2. Be it further enacted^ That the capital stock capiiai stock. 
of said company shall be one hundred and fifty thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, fifty per centum of Avhich shall 
be paid in money within ninety days after the first 
meeting of the said company, and the residue in such 
instalments, and under such penalties as the President 
and Directors shall, in their discretion, direct and ap- 
point. And the said capital stock shall not be sold or 
transferred, but shall be holden by the original sub- 
scribers thereto, for and during the term of one year 
after the said company shall go into operation. 

8ec. 3. Be it further enacted, That the stock, prop- 
erty, affairs and concerns of the said company, shall 
be managed and conducted by nine Directors, one of Directors. 
whom shall be President thereof, who shall hold their 
offices for one year, and until others are chosen, and 
no longer; and who shall, at the time of their election, 
be stockholders in said company, and citizens of this 
Commonwealth, and shall be elected on the second 
Monday of April, in each and every year, at such Meeting ^r^ecr 
time of the day, and in 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 publication in some news- 
paper printed in New Bedford, ten days at least, 
previous to such meeting; and the election shall be 
made by ballot, by a majority of the votes of the 
stockholders present, allowing one vote to each share 
in the capital stock ; provided, that no stockholder 
shall be allowed more than ten votes; and absent condition of 
stockholders may vote by proxy, under such regula- 
tions as the said company shall prescribe. And if, 
through any unavoidable accident, the said Directors 
should not be chosen on the second Monday of April, 
as aforesaid, it shall be lawful to choose them on any 
other day, in the manner herein provided. And it 
shall be the duty of the Secretary of said company, at 
any time, upon application, in writing, of the propri- 
etors of twenty per centum of the capital stock, to special Meeting 
call a meeting of the stockholders, to be holden at 



554 



BEDFORD COM. INSUR. CO. Feh. 15, 1821. 



such time and place in tlie Town of New Bedford, as 
they shall direct, for the purposes mentioned in such 
application, by giving like notice thereof, as is herein 
required for the election of Directors. 

Sec. 4. Be it further enacted, That the Directors, 
when chosen, shall meet as soon as may be, after 
every election, and shall choose out of tlieir body, one 
person to be President, who shall be sw orn or aifirm- 
ed, to the faithful discharge of the duties of his office, 

TermofofRce. aud w ho sliall presldc for one year; and in case of the 
death, resignation, or inability to serve, of the Presi- 
dent or any Directors, such vacancy or vacancies shall 
be filled for the remainder of the year in which they 
happen, by a special election for that purpose, to be 
lielcl in the same manner herein before directed, re- 
specting annual elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five of them in his ab- 
sence, shall be a Board competent to the transaction 
of business, and all questions before them, shall be 
decided by a majority of votes; and they shall have 
power to make and prescribe such by-laws, rules and 
regulations, as to them sliall appear needful and proper, 
touching the management and disposition of the stock, 
property, estate and effects of said company, and the 
transfer of the shares, and touching the duties arid 
conduct of the several officers, clerks, and servants 
employed, and the election of Directors, and all such 
matters as appertain to the business of insurance ; and 
also shall have power to appoint a Secretary, and so 
many clerks and servants for carrying on the said 
business, and with such salaries and allowances to 
them, aud to the President, as to the said board shall 

Proviso. seem meet : Provided, such by-law^s and regulations 

shall not be repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this act, are hereby au- 

First Meeting, tliorized to Call a meeting of the said company, by ad- 
vertising the same in some newspaper printed in New 
Bedford, in two successive papers, for the purpose of 
electing their first Board of Directors, who shall con- 
tinue in office until the second Monday of April, in 



Bj-Laws, &c. 



Transfer of 
Shares. 



BOSTON LIBRARY SOCIETY. Feb, 15, 1821. 555 

tlie year of our Lord one thousand eight hundred and 
twenty two, and until others shall be chosen in their 
stead : Provided, however, that this charter shall be 
void and of no eff'ect, unless put into operation agreea- Pro^^sos. 
bly to the terms of it, within one year from and after 
tlie passing of this act ; and jjrovided, also, that the 
said company shall not take any risque, or subscribe 
any policy by virtue of this act, until one hundred 
thousand dollars of the capital stock of said company 
shall have actually been paid in. 

Sec. 7. Be it therefore enacted, That the said com- 
pany shall never take, on any one risque, or loan, on Limitation of 
respondentia or bottomry, on any one bottom, at any"'^""'" 
one time, including the sum insured, in any other way, 
on the same bottom, a sum exceeding ten per centum 
on the capital stock of said company actually paid in, 
agreeably to the provisions of this act. 

[Approved by the Grovernor, February 15th, 1821.] 



CHAP. LXXXL 

An Act in further addition to the act incorporating the 
Boston Library Society. 

JdE it enacted bij the Senate and House of 
Representatives, in General Court assernbled, and by 
the authority of the same, That the Boston Library 
Society be, and is hereby authorized to hold its annual 
and other meetings, for the purpose of choosing officers, Annual Meeting. 
laying assessments, and transacting such other business 
as may regularly come before it, at such times as the 
said society, by any by-law or vote, regularly made 
and passed, may from time to time fix and appoint; General powers. 
any thing in the act incorporating said society, or in 
any act in addition thereto, to the contrary notwith- 
standing. 

[Approved by the Governor, February 15th, 1821.] 



556 GENERAL HOSPITAL. FeK 15;, 1821. 

CHAP. LXXXII. 

An Act to exempt certain Officers of the Massachusetts 
General Hospital from Militia Duty. 

15 E 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 SuperintendantS;, and other 
Officers and Assistants, employed in, and about any 
department of the Massachusetts General Hospital, 
not exceeding the number of four in each department, 
Exemptions, during the time of such employment, be, and they 
hereby are absolutely exempted from militia duty, 
notwithstanding they may have arrived at the age of 
eighteen, and be under the age of forty five years. 

' [Approved by the Governor, February 15th, 1821.] 



CHAP. LXXXIII. 

An Act to incorporate the Hampshire, Franklin and 
Hampden Mutual Fire Insurance Company. 

Sec. 1. OE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That Samuel Hinkley, Jo- 
persons incorpo- seph Lymau, Isaac Damons, Ebenezer M. Wright, 
Jonathan Hwight, Junior, James Bull, Theodore Ly- 
man, Ebenezer Hunt, David S. Whitney, Solomon 
Stoddard, Junior, Daniel Stebbins, Isaac C. Bates, 
Samuel Howe, James Shepherd, Erastes Smith, 2d, 
Lewis Strong, Josiah D. Whitney, and Jonathan H. 
Lyman, and their associates, and successors, together 
with all other persons, within the Counties of Hamp- 
shire, Franklin and Hampden, who may become mem- 
bers thereof, be a corporation, under the name of the 
Hampshire^ Franklin and Hampden Mutual Fire In- 



H. F. & H. FIRE INSUR. CO. Feb. 15, 1821. 557 

surance Company, and have and enjoy all the privi- 
leges and powers incident to corporations. 

Sec. 2. Be it further enacted^ That for the well 
ordering and governing of the said corporation, they 
shall, at a meeting of the said company, to be held 
annually, on the first Wednesday of October, choose Annual Meetings 
five Directors, and such other oflicers as may be deem- 
ed necessary for conducting the business of the said 
corporation, and any three of the said Directors may 
constitute a quorum for the doing of business. 

Sec. 3. He it further enacted. That the said com- 
pany be, and hereby are empowered to insure against 
loss or damage by fire, originating from any cause, 
except design in the insured, any dwelling house or 
other building, with their contents, within either of the 
Counties of Hampshire, Franklin or Hampden, for any 
term, not less than one, nor more than seven years, and 
to any amount not exceeding four fifths of the value of 
the property insured by the said company. The sum Limitation of 
which the insured may have a right to claim, shall ijg'"'"'^"'^' 
assessed by the Directors, upon each member of the 
company, in proportion to the sum by each member 
insured, or made liable to contribute to losses. 

Sec. 4. Be it further enacted, That every person 
shall be deemed and held to be a member of this cor- 
poration, who has an interest in any property insured 
by said person, with the company ; but his or her right 
shall cease, whenever the said member parts with his 
or her legal or equitable interest in the property in- 
sured ; and his or her liabilities shall be at an end. Liabilities. 
whenever the said member notifies in writing to the 
Directors, that he or she has no longer any interest in 
the property insured by the company : Provided, how- Proviso. 
ever, that the rights and liabilities of every member 
shall devolve on the heirs, executors and administra- 
tors of such member. 

Sec. 5. Be it further enacted. That whenever any 
loss by fire shall happen to a member, upon any prop- 
erty insured by the said company, the said member 
shall give notice thereof to the Directors, or any one 
of them, within forty eight hours after the same hap- 
pens ; and the said Directors shall immediately view 
the same, and determine in writing, signed by their 



558 



H. F. & H. FIRE INSUR. CO. Feh. 15. 1821. 



Proviso. 



names, the extent of the liabilities of said company ; 
and if the sufferer will not acquiese in their determin- 
ation, he or she may bring an action at law against the 
said company, at the first court competent to try the 
same, sitting within either of the Counties of Hamp- 
Kstimate of loss- shire, Hampdeu, or Franklin; and if the said sufferer 
does not recover more than the amount determined 
upon by the Directors as aforesaid, said member shall 
become nonsuit, and the company shall recover their 
costs ; provided J however, that the said judgment shall 
not bar the said sufferer from claiming the amount de- 
termined to be due to him by the Directors as afore- 
said, within thirty days from the said nonsuit ; but if 
the said member suffering, shall recover more than the 
amount determined by the Directors as aforesaid, judg- 
ment shall be entered up in his favor for the whole 
sum found by the verdict, with interest, at the rate of 
twelve per centum per annum, added thereto, with full 
costs ; but execution shall never issue against the said 
company. 

Sec. 6. Be it further enacted, That whenever any 
member shall have a claim upon the several members 
of the company, in case of any loss or judgment as 
aforesaid, the Directors shall assess the amount of such 
loss or judgment, together with a reasonable compen- 
sation for themselves, and other ofificers of the compa- 
ny, upon each and every member thereof, according to 
their respective liabilities, requiring each member to 
pay his or her proportion of the loss or judgment as 
assessed upon them, with interest on demand, to the 
person who has a claim as aforesaid, or to his or her 
agent or attorney ; and such bill of assessment, being 
signed by a major part of the Directors, and counter- 
signed by the Secretary, and delivered to the claimant, 
within twenty days after his or her claim is liquidated, 
either by agreement of the parties, or judgment of the 
court, shall operate a complete discharge of the com- 
pany as such, and a release of any judgment which 
the claimant may have against it ; j^^'ovided, that the 
claimant first pay the charges of making up the as- 
sessment, and discharge the company from any claim 
or judgment, he or she may have against it. 

Sec 7. Be it further enacted, T\i9.i in case the 



Liability of 
members. 



H. F. & H. FIRE INSUR. CO. Feb. 15, 1821. 559 

Directors, whose duty it may be, neglect to tender a 
bill of assessments, in the cases contemplated by the 
foregoing sections, in the manner therein prescribed ; 
or in case the Directors neglect to determine the loss 
of any party claiming, then any party aggrieved there- 
by, may, at any time within one year from the time of 
such neglect of the Directors, bring an action against delinquency of 
such delinquent Directors, or sue a writ of sczVf^/acms""""*"^'* 
against them, upon the judgment which the said party 
may have against the company, and have judgment 
and execution against said delinquent Directors, in 
their individual capacity ; and in this case, the said 
delinquent Directors shall be entitled to demand and 
have of the Directors, for the time being, within thirty 
days after judgment against them as aforesaid, a bill 
of assessment in their favor, and for their reimburse- 
ment in the form prescribed by this act ; but neither 
the cost of the j udgment or execution shall be assessed 
for them. 

Sec. 8. Be it further enacted, That every bill of 
assessment, authenticated in the manner herein pre- 
scribed, shall confer upon the party in whose favor it 
shall be made, and the heirs, executors and adminis- Liability of heir», 
trators of such party, authority in their own names, to 
collect, sue for, and discharge each and every person 
made liable thereby : Provided, however, that no action 
shall be commenced against any person whatever, until 
sixty days after demand made in virtue of said bill of 
assessment. 

Sec. 9. Be it further enacted, That the Directors 
shall determine the nature and hazard of all risks, and Hazards, 
all those which may be deemed more hazardous than 
ordinary, shall contribute to losses upon a larger sum 
than that at which they are actually insured ; and the 
sum upon which the insured is to contribute, shall be 
distinguished in the policy, from the sum on which 
insurance is made. 

Sec. 10. Be it further enacted, That if any mem- 
ber of the said company do insure any property insured 
by the said corporation, with any other individual or 
insurance company, without the consent of the Direct- 
ors of this company, such member shall forfeit his or Forfeitore*, 
72 



560 COURT OF COMMON PLEAS. Feb. 15, 1821. 

her insurance in this corporation, but shall not be ex- 
onerated from the liabilities to contribute to losses. 

Sec. 11. And be it further enacted , That any two 
of the associates herein aforenamed, may, as soon as 
First Meeting, they may deem proper, call a meeting of the said cor- 
poration, to be held at such time and place as they may 
judge most convenient, by a notification in the news- 
paper printed at Northampton, seven days before the 
time of holding such meeting, in order that the said 
corporation may organize themselves, make suitable by- 
laws, and proceed in the business of their association. 

[Approved by the Grovernor, February 15th, 1821.] 



CHAP. LXXXIV. 

Au Act in addition to an Act, entitled ^'An Act to es- 
tablish a Court of Common Pleas for the Common- 
wealth of Massachusetts." 

Sec. 1. JjE it enacted by the Senate and House of 
Mejiresentatives, in General Court assembled, and by 
the authority of the same, That the respective Clerks 
of the Courts of Common Pleas within this Common- 
wealth, shall, within ten days next after the termina- 
tion of each session of said court within their respective 
counties, account for, on oath, and pay over to the 
Treasurer of said county, all the fees which shall have 
accrued to the use of this Commonwealth, in said coun- 
ty, by virtue of the eleventh section of the act passed 
at the present session of the General Court, entitled 
^^an act to establish a Court of Common Pleas for the 
Commonwealth of Massachusetts ;'' and the respective 
County Treasurers shall be held to account with the 
Treasurer of this Commonwealth for all sums received 
by them, by virtue of this act. 

Sec. 2. Be it further enacted, That if any Clerk 
shall refuse or neglect to account for, and pay over the 
fees aforesaid, in manner and within the time afore- 



QUARTER MASTER GEN. &c. Feh. 16, 1821. 561 

said, he shall forfeit and pay, in addition to the fees 
so accrued as aforesaid, a penalty not exceeding the 
sum of five hundred dollars, to be sued for and recov- 
ered by the County Treasurer, for the use of this 
Commonwealth. And the respective County Treasur- 
ers shall also give information to the Justices of the 
Supreme Judicial Court, or to some one of them, of 
any such delinquency or neglect within their respect- 
ive counties. 

[Approved by the Grovernor, February 15th, 1821.] 



CHAP. LXXXV. 

An Act to transfer the duties of the Quarter Master 
General to the Adjutant General, and to reduce the 
compensation of certain Officers therein named. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives J in General Court assemhled, and by 
the authority of the same. That from and after the first 
day of April next, all the duties and services, which 
are now by law to be executed and performed by the 
Quarter Master General, shall be executed and per- union of offices, 
formed by the Adjutant General, and all compensation 
to the said Quarter Master General shall cease from 
that period. And from and after the first day of May 
next, the said Adjutant General shall not be allowed to 
employ in his office, more than one Clerk, or Assist- 
ant ; and the said Adjutant General shall receive the 
same sum for performing the duties as principal of both ^ 
of said offices, as is now allowed him by law ; and his 
said Clerk or Assistant, shall receive from the treas- 
ury of the Commonwealth, in full for his services, the salaries. 
sum of twelve hundred dollars annually, in equal 
quarterly payments. And it shall be the duty of the 
Quarter Master General to make or cause to be made, 
a just and true inventory of all public property, of Return of pubuc 
whatever name or description, confided to him in his ^'°^^'^^' 



562 QUARTER MASTER GEN. &c. Feh. 16, 182L 

said capacity, and to deliver over to the Adjutant 
General, all such property, before the last day of 
March, in the present year, together with all books, 
papers and documents whatsoever, pertaining to the 
oflice of Quarter Master General. And the said Ad- 
jutant General is hereby required to receive all such 
property, books, papers and documents ; and is further 
required to lay before the next Legislature, at the first 
session thereof, a just and true inventory of all public 
property which he shall so receive, and of the place 
or places in which the same property is deposited and 
kept. 

Sec. 2. Be it further enacted, That from and after 
the first day of May next, the several Aids-de-Camp 
to the several Major Generals shall each annually 
receive, as a full compensation for his services while 
in office, a sum not exceeding fifteen dollars ; his ac- 
payofAids-ae- couut for sucli scrvlccs beine: first presented to, and 
allowed by the General Court. 

[Approved by the Governor, February 16th, 1821.] 



^jOToaittonM^ealtVi oi M.assac\\useUs. 



SECRETARY'S 0FFICE....April2, 1821. 

BY THIS I CERTIFY, That the acts contained in this Pamphlet, passed 
at the session of the Legislature, beginning January 10th, and ending February 
15th, 1821, have b«en compared with the origjinals in this Office, and appear to be 
correct. 

A. BRADFORD, 

Secretary of the Commonwealth. 



LAWS 

PASSED BY THE LEGISLATURE, AT A SESSION 
IN APRIL 1821. 



CHAP. LXXXVI. 

An Act to grant to the United States, Pond Island, 
in Maine. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That all the right and claim 
to a portion of the soil of Pond Island, off the mouth conveyance of 
of Kenneheck River, in the State of Maine, which "'"""'""'*'• 
this Commonwealth may have, be granted to the Uni- 
ted States of America, for the purpose of erecting a 
Light House on the same. 

[Approved by the Governor, April 28th, 1821.] 



CAAP. LXXXVII. 

An Act in addition to an Act providing for the 
payment of tlie whole State Debt. 

JjE it enacted by the Senate and House of 
llepresentatives, in General Court assembled, and by 
the authority of the same, That if the Treasurer of this 



564 GRAND AND TRAVERSE JURORS. 

Commonwealth shall make sale of the certificate of 
three per cent, stock, amounting to two hundred and 
forty nine thousand, seven hundred and sixty dollars, 
and twenty cents, before the first day of July next, 
and shall proceed to pay off the whole State Debt, as 
is provided by the act passed on the fourteenth day of 
February, in the year of our Lord one thousand eight 
hundred and twenty one, to which this is in addition, 
the interest on said State Debt shall cease after the 
first day of July next : Provided, the Treasurer shall 
give thirty days' notice thereof, in the newspapers in 
which the laws of this Commonwealth are published. 

[Approved by the Governor, April 28th, 1821.] 



CHAP. LXXXVin. 

An Act concerning Grand and Traverse Jurors for the 
County of Hampshire. 

JdE it enacted by the Senate and House of 
Represent ativeSf in General Court assembled, and by 
the authority of the same, That whereas, owing to the 
decease of the late Clerk of the Courts for the County 
of Hampshire, a vacancy existed in that office at the 
time proper by law for the issuing of wi'its of Venire 
Writs of Venire Facias for the Grand and Traverse Jurors to attend 
the next term of the Supreme Judicial Court to be 
holden at Northampton, within and for the county 
aforesaid, on the first Tuesday of May next ; the writs 
aforesaid, which have been since issued for the pur- 
pose aforesaid by the present Clerk of the courts in 
said county, shall be taken and deemed to have been 
duly and legally issued, any law, custom or usage to 
the contrary notwithstanding. 

[Approved by the Governor, April 28th, 1821.] 



COURT OF SESSIONS. 595 

CHAP. LXXXIX. 

An Act to authorize a Special Term of the Court of 
Sessions for the County of Hampshire. 

15 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Justices of the 
Court of Sessions for the County of Hampshire, be, 
and they are hereby authorized, to hold a term of said Extra Term of 
court on the third Tuesday of May next, for the pur- """^ ° '^"' 
pose of opening and comparing the returns of votes 
from the several towns in said county for a Register 
of Deeds ; and the same proceedings shall be had as 
are now authorized by law at any regular term of said 
court. • 

[Approved by the Grovernor, April 28th, 1821.] 



LAWS 



OF THE 

COMMONWEALTH OF MASSACHUSETTS, 
PASSED BY THE GENERAL COURT, 

AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE THIRTIETH 

OF MAY, AND ENDED ON SATURDAY, THE SIXTEENTH OF JXJNE, ONE 

THOUSAND EIGHT HUNDRED AND TWENTY ONE. 



CHAP. I. 

An Act in addition to an Act, entitled "An Act to 
incorporate the Trustees of Hopkins Academy." 

Sec. 1. Be 2f enacted by the Senate and House of 
Representatives f in General Court assembled, and by 
the authority of the same, That the number of the 
Trustees of Hopkins Academy, and their successors, 
shall not, at any one time, be more than fifteen, nor Limited number 
less than five; and a majority of the whole number," 
for the time being, shall constitute a quorum for trans- 
acting business; and a majority of the members pre- 
sent at a legal meeting, shall decide all questions 
proper to come before the Trustees. 

Sec. 2. Be it further enacted, That the fifth section 
of the act, entitled " an act to incorporate the Trustees 
of Hopkins Academy,'' be, and the same is hereby section of act re- 
repealed. ^^^ ^ ' 

[Approved by the Governor, June 9th, 1821.] 



568 



TAXES IN SALEM. 



June 11, 1821. 



CHAP. II. 

An Act regulating the Assessment of Taxes in the 
Town of Salem. 



Sec. 1. IjE it enacted by the Senate and House of 
MepresentativeSf in General Court assembled, and by 
the authority of the same, That the inhabitants of the 
Town of Salem may, at their meeting for the choice 
of town officers, or at any other meeting called for that 

Choice of A».ess. purpose, annually elect twelve persons, to wit: three 
from each of the four wards of said town, to assist the 
Assessors in taking a list of the polls, in estimating 
the value of their personal property, and appraising 
the value of all real estates in said town. And in case 
of the death or resignation of any person, so chosen to 
assist the Assessors, the Selectmen of said town are 
hereby required to call a new meeting of the inhabit- 
ants, to choose a suitable person to supply the vacancy. 
Sec. 2. Be it further enacted, That said inhabitants 
may, at any time previous to choosing said Assistant 
Assessors, vote that they shall be chosen for that year in 
distinct wards ; in which case, the said wards shall be 
separately assembled, within twenty days afterwards, 

Regulations of as follows, viz. : The Town Clerk shall issue a war- 
rant for each ward, directed to one of the Constables, 
and requiring him to notify and warn the inhabitants 
of that ward;, qualified to vote in town affairs, to as- 
semble at the time and place therein specified, to 
choose a Moderator and Clerk, and also three persons 
to be Assistant Assessors. And the several Ward 
Clerks shall, within two days after such meetings, 
make return to the Town Clerk, in writing, of the 
names of the Assessors so chosen; and they shall 
thereupon be notified of their choice in the same man- 
ner as other town officers; and in case of the death or 
resignation of any of them, a new ward meeting shall 
be called in like manner, to fill the vacancy. 

Sec. 3. Be it further enacted, That the act passed 
at the second session of the last General Court, enti- 
tled " an act re'gulating the assessment and collection 



Vacancies may 
be tilled. 



COURT OF SESSIONS. June 11, 1821. 569 

of taxes in the Town of Salem, be, and hereby is re- owaet repealed. 
pealed. 

[Approved by the Governor, June 11th, 1821.] 



CHAP. III. 

An Act to alter the time for holding the Court of 
Sessions in the County of Franklin. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the term of the Court of Sessions, Annual couru. 
now by law established to be holden at Greenfield, 
within and for said County of Franklin, on the first 
Tuesday of September, shall be holden on the second 
Tuesday of September, annually, any law to the con- 
trary notwithstanding. 

[Approved by the Governor, Tune 11th, 1821.] 



CHAP. IV. 

An Act to incorporate the Essex Historical Society. 

Sec. 1. JjE zi enacted by the Senate and House of 
Kepresentatives, in General Court assembled, and by 
the authority of the same, That Edward Augustus per.ons iacoq.o- 
Holyoke, of Salem, in the County of Essex, Doctor '^*'^'*' 
of Medicine, and such other persons as have associat- 
ed, and may hereafter associate themselves with him, 
for the purpose of collecting and preserving materials 
for the civil and natural history of the said County of 
Essex, be, and they hereby are made a body corpor- 
ate and politic, by the name of tlie Essex Historical 
Society; and by that name, they and their successors General f-wers. 



570 ESSEX HISTOR. SOCIETY. June 11, 1821. 

may sue and be sued, and shall be capable in law, to 
take and hold in fee simple or otherwise, lands, ten- 
ements, rents and hereditaments, not exceeding in the 
whole, the yearly value of two thousand dollars, ex- 
clusive of the building or buildings which may be 

May hold person- actually occuplcd for the purposes of the said corpor- 
ation ; and they shall also be capable in law, to take, 
receive, and hold personal estate, to an amount, the 
yearly value of which, shall not exceed the sum of two 
thousand dollars, exclusive of the books, papers, me- 
morials, and other articles composing the library and 
cabinet of the said corporation ; and they shall also 
have power to sell, demise, exchange, or otherwise 

May sell lands or dispose of all, or any part of their lands, tenements, 

ot er property. j.gjj^g^ hereditaments and other property aforesaid, for 
the benetit of the said corporation, and shall also have 
a common seal, which they may break, alter and re- 
new at their pleasure, and shall also have power to 
make by-laws, with suitable penalties, not repugnant 
to the laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said cor- 
poration shall have power, from time to time, as they 

May elect offi- may tliiuk fit, to elect a President and such other offi- 
cers as they shall judge necessary ; and at their first 
meeting, they may agree upon the manner of calling 
future meetings, and proceed to execute all or any of 
the poAvers vested in them by this act. 

Sec. 3. Be it further enacted, That the library and 
cabinet of the said corporation, shall be kept in the 

location. Town of Salcm, aforesaid. 

Sec. 4. Be it further enacted, That the said Ed- 
ward Augustus Holyoke be, and hereby is authorized 
to notify the said first meeting of the said corporation, 
by an advertisement thereof, under his hand, for seven 
days before such meeting, in any newspaper printed 
in Salem, aforesaid. 

[Approved by the Governor, June 11th, 1821.] 



BEDFORD COMMER. BANK. June 12, 1821. 571 



CHAP. V. 

An Act to incorporate the Munson and Brimfield 
Manufacturing Company. 

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 Munson Manufac- 
turing Company, and the Brimfield Manufacturing 
Company, in the County of Hampden, be, and hereby 
are united, and shall hereafter constitute one corpor- union of compa- 
ation, under the name of the Munson and Brimfield 
Manufacturing Company. 

Sec. 2. Be it further enacted, That the said Mun- 
son and Brimfield Manufacturing Company shall be, 
and they hereby are made liable for all debts and Liability. 
claims which may exist against either the Munson 
Manufacturing Company, or the Brimfield Manufac- 
turing Company, at the time of the passing of this act. 

[Approved by the Governor, June 12th, 1821.] 



CHAP. VI. 

An Act in addition to an Act, entitled "An Act to in- 
corporate the President, Directors and Company of 
the Bedford Commercial Bank." 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the capital stock of 
the President, Directors and Company of the Bedford 
Commercial 15ank, shall be increased the sum of fifty increase . 
thousand dollars, in addition to the sum of one hua- 
dred thousand dollars, which the said corporation is 
directed to hold, by the act, entitled ^^ an act to incor- 
porate the President, Directors and Company of the 
Bedford Commercial Bank 5" and shall be divided 



572 SCHOOL IN BILLERICA. June 14, 1821. 

Shares. into sliarcs of one hundred dollars each, any thing in 

the act aforesaid, to the contrary notwithstanding. 

Sec. 2. Be it further enacted, That the sum which 
shall be added to the capital stock of said corporation, 
by virtue of this act, shall be subscribed and paid in, 
in gold and silver under the control of the Directors, 
for the time being, within one year from the first day 

Limiwtion of of Julv uext : provided, that the said corporation shall 

time for paying •' ' -t ^ .,r , , 

m Stock. not loan any money, or discount any bills on the ad- 
ditional capital hereby authorized, until they shall 
have produced satisfactory evidence to the Governor 
and Council, that the said additional sum of fifty thou- 
sand dollars has been paid in, and actually exists in 
gold and silver in their vaults ; and provided, also, that 
all the provisions, rules, and regulations of the act in- 
corporating the President, Directors and Company of 
the Bedford Commercial Bank, shall extend to the 
additional capital hereby authorized. 

[Approved by the Governor, June 12th, 1821.] 



CHAP. VII. 

An Act to incorporate the Third Centre School Dis- 
trict, in the Town of Bill erica. 

Whereas Josiah Crosby, late of said Billerica, de- 
ceased, by his last will and testament, did give and 
bequeath to the said district, (by the name of the 
School Gift. South School Ward,) three hundred dollars, to be, by 
the inhabitants thereof, appropriated for the use of the 
school, in such manner, and under such limitations as 
in said will are specified : 

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 inhabitants 
of the said Third Centre School District, according to 
the limits now established by said Town of Billerica, 
be, and they hereby are incorporated into a body pel- 



SCHOOL IN BILLERICA. June 14, 1821. 573 

itic, by the name of the Third Centre School District 
in the Town of Billerica ; and that the said inhabit- 
ants and their successors, by that name, shall remain General powers. 
a body corporate and politic forever, with power to 
have a common seal, and to sue and be sued by the 
name aforesaid. 

Sec. 2. Be it further enacted, That the said dis- 
trict shall have power to choose a Clerk and Treasur- officers to be 
er, and such other officers as may be necessary, and 
to establish and ordain such rules, regulations and by- 
laws, as they may think proper for the orderly man- 
agement of their school, and also for securing and 
managing the said legacy, conformably to the terms 
upon which the same was given ; and also all such 
sums of money, and other property, as may hereafter 
be given them ; and such proportion of the monies 
granted from time to time by the said Town of Biller- 
ica, as the said district shall be entitled to receive ; 
provided^ said rules, orders, and by- laws, be not re- By-Laws. 
pugnant to the laws of the Commonwealth ; and pro- 
videdf also, tliat nothing in this act contained shall be 
construed to take from the Town of Billerica the right 
they have by law to alter the limits of said district, in. 
the same manner that they may any other district in 
said town. 

Sec. 3. Be it further enacted, That Samuel Whit- 
ing, Esquire, of said Billerica, be autliorized to issue 
his warrant to some suitable person in said district, to 
notify and warn a meeting of such of the inhabitants of 
the same as are qualified by the constitution to vote in 
state elections, to meet at the School House in said 
district, at such time as he shall think proper, to First Meeting. 
choose the necessary officers, agree upon the manner 
of calling future meetings, and transact such other bu- 
siness as may be duly inserted in said warrant ; and 
no other person but those qualified as aforesaid, shall qualified voters. 
be allowed to vote at any meeting of said district. 

[Approved by the Governor, June 14th, 1831.] 
75 • 



574 SALT MANUFAC. COMPANY. June 14, 1821. 

CHAP. VIII. 

An Act to incorporate the Salt Manufacturing Compa- 
ny, on Billinsgate Island, in Barnstable Bay. 

Sec. 1. JjE it enacted by the Senate and House of 
Jlepreseyitatives, in General Court assembled, and by 
the authority of the same, That Elijah Cobb, Isaac 

Persons incoipo- Fostcr, Junlor, and David SnoAV, of Brewster, and 
Josiah Whitman, of Welliieet, with such other per- 
sons as already have, or may hereafter associate with 
them, their successors and assigns, be, and hereby are 
made a corporation, by the name of the Salt Manufac- 
turing Company, for the purpose of erecting salt works, 
flakes for curing fish, and such other improvements as 
may be found expedient, on Billinsgate Island, in 
Barnstable Bay ; and for that purpose shall have all 

powersandpiiT-the powcrs aud privileges, and be subject to all the 
duties and requirements contained in an act passed the 
third day of March, in the year of our Lord one thou- 
sand eight hundred and nine, entitled ^^an act defining 
the general powers and duties of manufacturing cor- 
porations." 

Sec. 2. Be it further enacted, That said corporation 
may be lawfully seized and possessed of such real 

Limitation of estatc, uot exceediuff ten thousand dollars, and such 
personal estate, not exceeding fifty thousand in value, 
as may be necessary and convenient for carrying on 
the manufactory aforesaid. 

f Approved by the Grovernor, June 14th, 1821.] 



CHAP. IX. 

An Act to incoi-porate the Boston Fuel Savings 
Institution. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Josiah Quiucy, John 



i 



BOSTON FUEL INSTITU. June 15, 1821. 575 

Cheverus, William Ellery Channing, Henry Ware, persons mcorp«. 
Samuel Adams Wells, John Ware, Samuel H. Wal- 
ley, Jolin Tappan, Benjamin Guild, Samuel Dorr, 
Thomas B. Wales, Edward Phillips, Francis J. Oli- 
ver, Benjamin Wliitman, Edmund Winchester, Ed- 
ward Oliver, Benjamin Russell, Samuel Snelling, 
James Savage, Gideon Snow, Thomas Vose, Gedney 
King, Nathan Webb, Ebenezer Parker, Nathan Hale, 
Henry Purkitt, William Howe, Thomas Howe, Ben- 
jamin Greene, Joshua P. Blanchard, Pliny Cutler, 
Barzillai Holmes, Edmund Wright, Junior, Francis 
Green, Thomas Jackson, John Thayer, Henry D. 
Gray, Joseph Lewis, James Davis, Peter Mcintosh, 
Junior, Nathaniel G. Snelling, Henry Homes, John 
C Proctor, Jonathan Ingalls, Jolin D. Dyer, David 
Hale, Junior, Joshua Emmons, John Baker, Josiali 
Stedman, Moses Grant, and Henry J. Oliver, together 
with such others as may hereafter associate with them, 
mid their successors, be, and they hereby are incor- 
porated, by the name of the Boston Fuel Savings In- 
stitution ; and by that name shall be a corporation 
forever, for the purpose of purchasing wood for the 
poor ; with power to have a common seal, to receive 
any sum or sums from persons disposed to enjoy the General powers. 
advantages of said institution, to make contracts re- 
lative to the objects thereof, to sue and be sued, to es- 
tablish by-la,ws and orders for the regulation of said 
institution, and the preservation and application of its 
funds ; provided^ the same be not repugnant to the 
constitution and laws of this Commonwealth ; and to 
take and hold real and personal estate, not exceeding 
the sum of ten thousand dollars in value. 

Sec, 2. Be it further' enacted. That said corporation 
shall annually meet in Boston, at such time and place, 
as they may from time to time appoint, for the purpose 
of electing, by ballot, such officers as they may think Appointment of 
proper, who shall hold their respective offices for one 
year, and until others shall be elected and qualified in 
their stead ; with such powers and duties as may be 
prescribed by the by-laws of said corporation. 

Sec. 3. Be it further enacted, That any two of the 
persons above named, be, and they hereby are author- 
ized to call the first meeting of said corporation, by First meeting. 



576 



KILLING OF BIRDS. 



June 15, 1821. 



advertisement printed in any newspaper published in 
the Town of Boston, at least seven days before the 
time appointed for such meeting. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. X. 

An Act to prevent the destruction of Birds on Salt 
Marshes, at particular times of the year. 



Protection of 
Birds. 



Fines. 



Authority of 
towns. 



Sec. 1. X>E it enacted by the Senate and House of 
Mepreseyitatives, in General Court assembled, and by 
the authority of the same, That hereafter it shall not 
be lawful for any person to take, kill or destroy any 
birds, on any salt marshes within this Commonwealth, 
between the iirst day of March and the first day of 
September, in each and every year : and if any per- 
son, within the limits of any town, that shall not dis- 
pense with the regulations of this act, in the manner 
hereafter provided, do shoot, take, kill, or sell after 
being killed, or taken, any of the birds aforesaid, 
within the times limited as aforesaid, respectively, he 
shall forfeit and pay, for each and every offence, two 
dollars ; and all forfeitures incurred as aforesaid, may 
be recovered by any person who will sue for the same, 
within one year after the time of committing the of- 
fence, to be to his own use, in an action of debt in any 
court, having jurisdiction of the amount demanded : 
Provided, however, that nothing in this act shall go to 
prevent any owner or occupant of land from taking or 
killing any birds on the land so held by him. 

Sec. 2. Be it further enacted, That the inhabitants 
of any town in the Commonwealth may, at their annual 
meeting in March or April in any year, by vote, sus- 
pend the operation of the prohibitions and restrictions 
contained in this act, in whole or in part, within such 
town, and for such term of time, not exceeding one 
year, as to them shall seem expedient. 

[Approved by the Governor, June 15th, 1821-3 



EMPLOYING THE POOK. June 15, 1821. 577 



CHAP. XL 

An Act to incorporate the Society for Employing the 
Female Poor. 

Sec. 1. JdE if enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That Elizabeth Munroe persons incorpo- 
and her associates, and those who may become asso- 
ciated with her, be, and hereby are incorporated into 
a society, by the name of the Society for Employing 
the Female Poor; and by that name, they shall be a 
corporation forever ; with power to sue and be sued, 
to have a common seal, and the same to alter at pleas- 
ure ; to take, hold and possess any estate, real or per- 
sonal, by gift, grant, purchase, devise or otherwise ; General powers, 
and the same to improve, lease, exchange, or sell and 
convey for the beneiit of the said society : Provided, proviso, 
that the value of the real estate of said society shall 
never at any one time, exceed twenty thousand dollars; 
and the annual income of the whole estate of said soci- 
ety shall not exceed ten thousand dollars. 

Sec. 2. Be it further enacted, That the said society 
shall meet annually in Boston, at such time as by their 
by-laws shall be designated, and elect a President, Election of oai- 
Secretary, Treasurer, and such a number of Trustees, '^''"' 
as the society shall from time to time think fit, who 
shall hold their respective offices one year, and until 
others are chosen. 

Sec. 3. Be it further enacted, That for the better 
management of their funds, and to enable the society 
to accomplish the object of their association, they may 
make, and, at their pleasure, alter any by-laws which Government of 
they may think necessary, which shall be binding ^s^'''^"*'"^^^' 
if they were a part of this act : provided, however, that 
such by-laws shall not be repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 4. Be it further enacted. That the said Eliza- 
beth Munroe be, and she hereby is authorized to call 
the first meeting of said society, by giving public no- First Meeting. 
tice of the time and place of meeting, by advertising 



678 NORTH BRIDGEWATER. June 15, 1821. 

the same in one or more of the newspapers printed in 
Boston, at least three days before the time of the 
meeting; and at such meeting, the society may be or- 
ganized under this act, and the officers herein provided 
for may be chosen to serve until the annual election of 
officers, agreeably to the provisions of this act. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. XII. 

An Act to establish the Town of North Bridgewater. 

Sec. 1. JjE it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That all that part of the 
North Parish of Bridgewater, which lies within the 
said Town of Bridgewater, according to the present 
territorial limits thereof, be, and hereby is established 

Separation. as a Separate town, by the name of North Bridge- 
water ; and the inhabitants of the said Town of North 
Bridgewater are hereby vested witli all the powers and 

Powers andpriv- privileges, aud shall also be subject to all the duties 

' ^^"' and requisitions of other corporate towns, according to 

the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the inhfibitants 
of the Town of North Bridgewater shall be holden to 
pay the arrears of all state, county and town taxes, 

' which have been legally assessed upon them, together 

Avith their proportion of all debts due from the said 

TaY^*""""*^ Town of Bridgewater, prior to the date of this act. And 
the said Town of North Bridgewater, shall be entitled 
to receive their proportion of the said debts and taxes 
due to the said Town of Bridgewater, when collected 
and paid into the treasury of said town ; and the said 
Town of North Bridgewater shall be entitled to hold 
their proportion, according to the present valuation of 

To^^^l pioperty. all the rcal aud personal property belonging to the 
Town of Bridgewater, before the passing of this act. 
Sec. 3. Be it further enacted, That the said Town 



ST. JAMES' CHURCH. June 14, 1821. 579 

of North Bridgewater shall be holden to support their 
proportion of the poor of the Town of Bridgewater, support of poor. 
which are now chargeable to said town ; which pro- 
portion shall be ascertained by the present valuation 
of the town; and all persons who may hereafter be- 
come chargeable as paupers, to the said Towns of 
Bridgewater or North Bridgewater, shall be consider- 
ed as belonging to that town on the territory of which 
they had their settlement, at the time of the passing of 
this act, and shall in future be chargeable to that town 
only. 

Sec. 4. Be it further enacted. That all future state 
and county taxes, which may be levied on the said 
Towns of Bridgewater and North Bridgewater, previ- Town Taxes, 
ous to a new valuation, shall be assessed and paid in 
the same proportion as they now are according to the 
present valuation. 

Sec. 5. Be it further enacted^Thsii any Justice of the 
Peace for the County of Plymouth, is hereby empower- 
ed, upon application therefor, to issue a warrant direct- 
ed to a freehold inhabitant of the said Town of North 
Bridgewater, requiring him to notify and warn the in- 
habitants thereof, qualified to vote in town affairs, to 
meet at such convenient time and place as shall be ap- First Meetingr. 
pointed in the said warrant, for the choice of such offi- 
cers, as towns are, by law, required to choose and 
appoint at their annual town meetings. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. XIII. 

An Act in addition to an Act, entitled ^^xln Act to in- 
corporate the Protestant Episcopal Parish of St. 
James' Church, in Greenfield." 

Sec. 1. JDE it enacted by the Seiiate and House of 
Representatives y in General Court assembled^ and by 
the authority of the same, That from and after the 
passing of this act, the Protestant Episcopal Parish of 
St. James' Church; in Greenfield, shall have power to 



580 ST. JAMES' CHURCH. June 14, 1821. 

May purchase & purchase and hold real estate, not exceeding ten acres 
rea es a c, ^|« j^^jj^^ jj^^^j ^^ pui'chase 01* biiiUl thei'eon, aud keep in 
repair, a suitable house and out houses, for the accom- 
modation of the Priest or Rector of said parish, to- 
gether with a vestry room and such other buildings as 
may be necessary for the convenient accommodation of 
those who may attend public worship at said church ; 
the whole amount of the value of said premises not to 
exceed five thousand dollars. 

Sec. 2. Be it further enacted, That at the annual 
meetings, on Easter Monday in each year, or at any 
adjournment of such meetings, the said parish may 

Assessments, make or order reasonable taxes and assessments for the 
erection of buildings, or the purchase of any real es- 
tate authorized by this act, or for the preservation, 
repairs or improvement of the same ; the said taxes to 
be apportioned upon the polls and estates of the mem- 
bers of said parish, according to the valuation of their 
respective estates, by the Assessors of the parish. 

Sec. 3. Be it further enacted. That if any member 
of the said parish, shall refuse or neglect to pay any 
tax assessed upon him or her, by virtue of this act, or 
any tax which has been legally assessed upon him or 
her, for the support of public worship in said parish, 
or any money which may be due from him or her, for 
the rent of a pew or pews in the said church, after no- 
tice and demand thereof by the Collector or Treasurer 
of the said parish, the same may be recovered by an 

Deiinquentsmay action of debt, or upou the case, to be brought in the 
name of the Treasurer, for the time being, against any 
such delinquent member of said parish, or the person 
from whom the same may be due, or his or her execu- 
tor or administrator. 

Sec. 4. Be it further enacted, That the Wardens 
and Vestrymen of the said parish, for the time being, 

Trustees of Min- shall be the Trustees of the minister's fund belonging to 

istersFund. ^j^^ ^^-^ parish, and shall have the management of the 
same, together with all other property belonging to the 
said parish, sul)ject to the control and direction of said 
parish ; and shall have authority to sue for and collect 
any money which may be due and owing to the said 
parish. 

[Approved by the Grovernor, June 14th; 1821.] 



COURT OF PR0BATE.--F1SH. June 15, 1821. 581 



CHAP. XIV. 

An Act authorizing the Judge of Probate of the County 
of Middlesex to hold a Special Court of Probate. 

Sec. 1. JjE it enacted by the Senate and House of 
Mepresentafives, hi General Court assembled^ and by 
the authority of the same, That tlie Judge of Probate, 
within and for the County of Middlesex be, and here- 
by is authorized and empowered to hold a special 
Court of Probate at Groton, in said county, on the special court. 
second Tuesday of August next ; then and there to 
take cognizance of, to examine, hear, adjudge and 
decree on all matter* and things pending in, or that 
shall be brouglit before said court. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. XV. 

An Act to prevent the destruction of Fish in the 
Town of Framingham. 

Sec. 1. DE ?*^ 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 shall not be lawful for any per- 
son to set or use more than one hook, at any one time, 
on any of the ponds or streams within the Town of 
Framin2;ham, in the County of Middlesex : nor shall Time forbidden 

^,'^^P^^^ ,1 to take Fish. 

it be lawiul tor any person or persons, to draw any 
seine or net, in any of the ponds or streams in said 
town ; nor shall it be lawful for any person to set any 
pot or net in any of the streams aforesaid. And if any 
person or persons shall, after the passing of this act, 
be found setting or using more than one hook, at any 
one time, such person or persons shall, for each hook 
so set or used; after the firet, forfeit and pay a sum of 
76 



582 



ELIOT SCHOOL. 



June 15, 1821. 



Fines and Penal- not Icss than onc dollai* ; and if any person or persons 
shall, after the passing of this act, draw any seine or 
net, in any of the ponds or streams within said town, 
or shall set any pot or net, in any of the ponds or 
streams aforesaid, he or they so offending, shall forfeit 
and pay a sum of not less than five dollars, and shall 
forfeit the pot, seine or net, so used, to the use of said 
town. 

Sec. 2. Be it further enacted, That all penalties, 
incurred by any breach of this act, may be recovered 
by any person, who shall sue for the same, in any 
court in said County of Middlesex, proper to try the 
same. And if any minor or minors, shall offend 
against the provisions of this act, and shall thereby 

Accountability, incur auy of the penalties aforesaid, the parent, master 
or guardian of such minor or minors, shall be answer- 
able thferefor ; in w hich case the action shall be com- 
menced against such parent, master or guardian (as 
the case may be) of such minor or minors, and judg- 
ment rendered accordingly : Provided, however, that 
the inhabitants of said Town of Framingham may, at 
their meeting in March or April, annually, suspend in 
■whole or in part, the provisions and restrictions of the 
act aforesaid, for any term of time, not exceeding one 
year. 

[Approved by the Governor, June 15th, 1821.] 



Proriso. 



CHAP. XVL 

An Act to authorize and empower the Trustees of 
Eliot School to sell and tlispose of certain Lands. / 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled^ and by 
the authority of the same, That the Trustees of Eliot 
School be, and they are hereby authorized and em- 
tay sell Lands, powered to scll and convey in fee simple, all or any 
part of twenty one acres of land, situated on Jamaica 
Plain, so called, in the Town of Roxbury, which were 



i» • 



NAMES CHANGED. June 15, 1821. 583 

granted, and conveyed by the Reverend John Eliot, 
formerly pastor of the first church in said Roxbury, by 
deed, dated the tenth day of July, in the year of our 
Lord one thousand six hundred and eighty nine, unto 
certain persons in said deed named, for the support and 
maintenance of a school in that part of Roxbury, afore- 
said, then called Jamaica or Pond Plain ; and the said 
Trustees of Eliot School, are hereby directed and re- 
quired to invest the proceeds of sale, of all or any part investment of 
of the land aforesaid, as soon as conveniently may be, p'^^p"*^" 
after such sale, in other real estate, or to loan the 
same on interest, with mortgage of real estate as col- 
lateral security for the payment thereof, according to 
the discretion of said Trustees, and to appropriate the 
income of the same to, and for the use and purposes 
in said Eliot's deed of conveyance, limited and ex- 
pressed. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. XVII. 

An Act to change the Names of the persons therein 
mentioned, and to change the name of the Second 
Social Library, in Charlestown. 

Sec. 1. JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That from and after the 
passing of this act, the several persons herein named, 
shall be known and called by the names, which by 
this act, they are respectively allowed to assume; and 
that the said names shall forever hereafter be consid- 
ered as their only proper and legal names, to all in- 
tents and purposes ; viz. : Ebenezer Dorr, J unior, persons cha«g- 
may take the name of Ebenezer Ritchie Dorr; that '"^ *"' """*'' 
Peter Albertus Von Hagen, Junior, may take the 
name of Davis Coolidge Ballard; that Ebenezer May 
Meriam, may take the name of George May Meriam; 
that James Otis, Junior, merchant, may take the name 



584 NAMES CHANGED. June 15, 1821. 

of James Allen Gardner Otis; that John Cooper Rus- 
sell, may take the name of John Brown Frazier Rus- 
sell; that Rachel Coddington Thayer, may take the 
name of Caroline C. Thayer; that Ebenezer C. Thay- 
er, may take the name of NathanielThayer ; that Ira 
Smith, printer, may take the name of Fernando Vic- 
tor Smith ; that Thomas Goodwin, son of Thomas 
Goodwin, formerly of Portland, may take the name of 
Thomas Croswell Goodwin ; all of Boston, in the 
County of Suffolk; that William Bal. h, the 3d, of 
Bradford, may take the name of William Savorj 
Balch ; that Daniel Stickney, Junior, of Bradford, 
may take the name of Daniel Balch Stickney; that 
Samuel Stickney, Junior, of Rowley, may take the 
name of Samuel Warren Stickney; that Joseph Moo- 
dy Stickney, of Rowley, may take the name of Joseph 
Pike Stickney; that Samuel Lunt, Junior, of Newbu- 
ry, son of Nicholas Lunt, may tf^jlie the name of Sam- 
uel Laban Scott Lunt, all of the County of Essex; 
that Eleazer Bradshaw Edes, son of the late Peter 
Edes, of Charlestowu, may take the name of Eleazer 
Persons Chang- Edes Bradshaw ; that Calvin Sanger, Junior, son of 
"'Calvin Sanger, Esquire, of Sherburne, may take the 
name of Calvin Phipps Sanger; that Asa Jarvis, of 
Concord, son of Francis Jarvis, of Concord, may take 
the name of Edward Asa Jarvis; that Josiah Nottage, 
trader, of Cambridge, may take the name of Josiah 
Nottage Marshall; that Marshall Stone, of East Sud- 
bury, may take the name of Marshall Damon Spring 
Stone, all of the County of Middlesex; that Asa Au- 
gustus Miles, of Ashburnham, son of Captain Isaac 
Miles, of Waltham, may take the name of Augustus 
Strong; that David Stone, of Grafton, son of Gregory 
Stone, may take the name of Gregory David Stone, 
all of the County of Worcester; that Solomon Sylves- 
ter Ware, of Chesterfield, in the County of Hampshire, 
may take the name of Jonathan Sylvester Ware; that 
John Van Deusen, of Great Barrington, in the County 
of Berkshire, may take the name of John C. Van Deu- 
sen ; that Helen Bartlett, of Roxbury, daughter of Doc- 
tor John Bartlett, may take the name of Ann Matilda 
Bartlett ;■ that Jonathan Battle, of Dover, may take 
the name of Jonathan Battell ; and that each of his 



BOSTON STEAM BOAT CO. June 15, 1821. 585 

children, viz. : Jonathan, Ralph, Leonard, Clarissa, 
Adeline, and Meliitable, may take the name of Bat- 
tell, all of the County of Norfolk; that Meshack 
Fifield. of Nantucket, trader, son of Mark Fifield, of 
New Hampshire, may take the name of Henry Fi- 
field; that Atkins Dyer Pocock, of Wellfleet, in the 
County of Barnstable, may take the name of Atkins 
Dyer; that John Woodward Perry, of Seekonk, in 
the County of Bristol, may take the name of John 
Perry Woodward. 

Sec. 2. Be it further enacted, That from and after 
the passing of this act, the proprietors of the Second 
Social Library in Charlestown shall be allowed toNameofLibrarj 
assume the name of the Charlestown Union Library, '''*"*'"** 
any thing contained in their act of incorporation to the 
contrary notwithstanding. 



CHAP. XVIIL 

An Act to incorporate the Boston Steam Boat 
Company. 

Sec. 1. 15 E it enacted hij the Senate and House of 
Rpprespiifah ces, in General Court assemlled, and by 
the authority of the .9ame, .That John L. Sullivan, with Persons lacoipo^ 
8U. h persons as may associate with him, be, and they*^*^*^ * 
hereby are in( orporated, under the name of the Bos- 
ton Steam Boat Company, for the purpose of construct- 
ing steam boats, and the machinery appertaining to 
them, in the Towns of Medford and Boston, and of 
vending or using the same ; and for this purpose shall 
have all the powers and privileges, and be subject to Powers and pi iv. 
all the duties and restrictions prescribed in the act'*^"' 
passed the third day of March, eighteen hundred and 
nine, entitled "an act defining the general powers and 
duties of manufacturing corporations," and of the sev- 
eral acts supplementary thereto. 

Sec. 2. Be it further enacted, That every person, 
who shall become a njember of said corporation, shall 



586 SANDERSON ACADEMY. Jn7ie 15, 1821. 

liability of indi- be Hablc in his private capacity, after his membership 
viduai.. jj^^y jjg^yg ceased, for all debts contracted during the 

time he was a member of said corporation. 

Sec. 3. Be it further enacted, That the capital 

stock of said company shall not exceed two hundred 
Limitation of thousaud dollavs, divided into four hundred shares, 

the proprietors of which shall be entitled to vote in all 

meetings, in proportion to their number of shares. 

[Approved by the Governor, June 15th, 1821.] 



CHAP. XIX. 

An Act to incorporate the Trustees of the Sanderson 
Academy and School Fund. 

Sec. 1. JjE z;f enacted by the Senate and House of 
Jlepresentatives, in General Court assembled, and by 
the authority of the same^ That Josiah Spaulding, Jo- 
peisoni incorpo- seph Field, Ellsha Billings, Ephraim Williams, Eli- 
'*'^^* jah Paine, Enos Smith, Thomas White, Thomas 

Longley, Theophilus Packard, Thomas Shepperd, 
Moses Miller, Thomas Sanderson, Samuel Bement, 
and Dimick Ellis, be, and they hereby are appointed 
Trustees. Trustccs for the management of certain funds be- 
queathed by Alvan Sanderson, late of Ashfield, for a 
School Fund, and incorporated into a body politic, by 
the name of the Trustees of the Sanderson Academy 
and School Fund; and they and their successors shall 
be and continue a body politic by the same name for- 
ever. 

Sec. 2. Be it further enacted, That all grants and 
donations which have been, or shall be hereafter made 
Confirmation of for the purposc aforesald, shall be confirmed to the 
^""' said Trustees and their successors, in that trust for- 

ever, for the uses which in such instrument* are, or 
shall be expressed ; ^provided, such uses shall not be 
repugnant to the design of this act. And the said 
Trustees shall be further capable of having, taking 
and holding in fee, gift, grant, devise or otherwise, 



SANDERSON ACADEMY. June 15, 1821. 587 

any lands, tenements or other estate, real or personal ; 
provided, the annual income of the whole shall not proviso, 
exceed three thousand dollars. 

Sec. 3. Be it further evaded, That the said Trus- 
tees shall have full power, from time to time, as they 
shall determine, to elect such officers of the Board as 
they shall judge necessary, and fix the tenure of the 
offices ; to remove any Trustee from the corporation, power of xrus- 
when in their opinion he shall be incapable (through ^*^** 
age or otherwise,) of discharging the duties of his 
office ; to fill all vacancies in the Board of Trustees, to vacancies w be 
determine the times and places of their meetings, and 
manner of calling the meeting to elect Instructors in 
said school, and determine the duties and tenures of 
their offices, and to ordain reasonable orders and by- 
laws, not repugnant to the laws of this Commonwealth. 

Sec. 4. Be itfuvther enacted^ That the Trustees of 
the said school fund may have one common seal, which 
they may change at pleasure ; that the Trustees may 
sue and be sued, in all actions, real, personal and May sue and ue 
mixed, and prosecute and defend the same to final 
judgment and execution, by Ihe name of the Trustees 
of the Sanderson Academy and School Fund. 

Sec. 5. Be it further enacted. That the number of Number of xruj* 
Trustees and their successors, shall not, at any one*^"' 
time, be more than fifteen, nor less than five, and five 
shall be a quorum for transacting business ; and a 
majority of the members present, at any legal meeting, 
shall decide all questions proper to come before the 
Trustees. 

Sec. 6. Be it further enacted, That Elijah Paine, 
Esquire, be, and he hereby is authorized to fix the 
time and place of holding the first meeting of the First MeetinR. 
Trustees, and notify them accordingly. 

[Approved by the Governor, June 15th, 1821.] 



588 STATE PAUPERS. June 15, 1821. 

CHAP. XX. 

An Act providing for the support of State Paupers. 

Sec. 1. XjE it enacted by the Senate and Houfte of 
HeprpsentativeSf in General Court assembled, and by 
the authority <>f the samp. That whenever any town 
within this Commonwealth, shall incur expense in 
Heduetionof relieving or supporting any poor person, who has no 
*"'*^"^^"**'* settlement within this Commonwealth, such town shall 
be entitled to a reimbursement, at a rate not exceeding, 
in any case, the sum of ninety cents per week, each, 
for adults, and tifty cents each, for children. 

[Approved by the Grovei'nor, June 15th, 1821.] 



CHAP. XXI. 

An Act to empower the inhabitants of the Town of 
Lynn to appoint a Board of Health, and for remov- 
ing and preventing nuisances in said town. 

Sec. 1. JdE it enacted by the Senate and House of 
Hepresentatives in General Court assembled, and by 
the authority of the same. That the freeholders and 
other inhabitants of the Town of Lynn, qualified to 
vote for town officers, may, in the month of A.pril or 
May, annually, or at any other meeting, legally called 
for the said purpose, choose a Board of Health, con- 
sisting of five persons ; the members of which Board of 
Officers to be Health shall elect a Chairman, and a Clerk, whose 
duty it shall be to record the votes and doings of the 
said Board : And in case of the death or resignation 
of the members thereof, the said freeholders or other 
inhabitants may, at any legal meeting called for that 
purpose, elect another to supply his place. 

Sec. 2. Be it further enacted, That it shall be the 
duty of the said Board of Health; and each member 



chOiGQ. 



LYNN BOAHU OK HEALTH. June 16, 182L 589 

thereof, to examine into all nuisances; and all other 
causes injurious to the health of the inhabitants, whether 
the same shall be caused by stagnant waters, drains, 
common sewers, slaughter houses, tan yards, iish, fish 
houses, docks, necessaries, hog sties, putrid animal, or 
vegetable substances, or any other causes whatsoever, 
which, in his or their opinion, may be injurious to the 
health of the inhabitants aforesaid; and upon complaint 
on oath, being made to any Justice of the Peace, by 
any member of the said Board of Health, or other Duties of the 
person, that he suspects any of the nuisances or causes 
aforesaid to exist in any dwelling house, cellar, store, 
or other building, ship or vessel, it shall be the duty 
of such Justice, to issue his warrant, directed to the 
SheriflT of the County of Essex, or his Deputies, or to 
any Constable of the Town of Lynn, commanding him 
or them, forcibly to enter, and together with a member 
of the said Board of Health, to search the same, in the 
day time; and upon the discovery of such nuisance, 
or other cause, injurious to the health of the inhabit- 
ants, to remove the same : Provided, hoivever, that no Proviso. 
►Sheriff, or Deputy Sheriff, or Constable shall execute 
any civil process, either by arresting the body or at- 
taching the goods and chattels of any person or per- 
sons, under color of any entry made for the purposes 
aforesaid, unless sucli service could by law have been 
made without such entry ; and all services, so made, 
under color of such entry, shall be utterly void ; and 
the officer making such service shall be considered as 
a trespasser to all intents ah initio. And any person 
or persons who shall resist such search, shall forfeit 
and pay the sum of thirteen dollars, to be recovered in penalties. 
manner hereinafter provided. And it shall be the duty 
of the said Board of Health, upon the discovery of any 
such nuisance, or other cause injurious to the health of 
the inhabitants of said town, forthwith to remove the 
same; and upon complaint to any Justice of the Peace, 
within the said town, or in said county, made upon 
oath, by one or more of said Board of Health, briefly 
therein stating the facts, together with the costs of such 
removals, sucii Justice shall grant a warrant, express- 
ing the substance of said complaint, directed to the 
Sheriff of the County of Essex, or his Deputy, or any 
77 



590 



LYNN BOARD OF HEALTH. June 16, 1821 



stitutedforoffen 
cesi 



Fines 



Constable of the said Town of Lynn, commanding him 
to notify and require the person or persons in whose 
possession or upon whose estate such nuisance, or other 
cause aforesaid existed, or in case of his absence, his 
agent or attorney, to appear forthwith before such Jus- 
tice ; and if such person or persons neglect then and 

Suits may be in- there, to aDDcar, or anpearina;, do not shew e;ood 
cause, to the satisfaction of said Justice, why judgment 
should not pass against him or them, the said Justice 
shall then and there adjudge that such person or per- 
sons shall pay a fine of thirteen dollars, and the costs 
of such removal, and double costs of prosecution ; and 
shall thereupon issue his warrant, directed to the 
Sheriff of the County of Essex, or his Deputy, or any 
Constable of the Town of Lynn, thereby commanding 
him to levy the expense of said removal, together with 
said fine and double costs, on the goods and estate, 
and for the want thereof, on the body of the said occu- 
pier or proprietor of the house, land, cellar, dock, store 
or vessel in which said nuisances existed ; and the said 
fine shall be paid over to the Town Treasurer for the 
use of said town : Provided, always, that any person 
or persons aggrieved at any judgment of a Justice, 
passed against him or them, as aforesaid, shall have a 

Appeals. right to appeal therefrom to the Court of General Ses- 
sions of the Peace, then next to be holden within and 
for the County of Essex, who shall liear and deter- 
mine on such complaint, as the case may require, and 
thereupon render such judgment as the Justice is herein 
before required to do, in an original complaint to him, 
Avith additional costs ; and the judgment of the said 
court thereon, shall be final ; provided, nevertheless, 
that no such appeal shall be granted, unless the re- 
spondent shall claim the same on the day on which the 
Justice's judgment shall be rendered, and shall enter 
into recognizance, with two sufficient sureties, to pros- 
ecute said appeal with effect. And the said Board are 

scareugeri. hereby empowered to appoint Scavengers and such 
other officers to assist them in the execution of their 
office, as they may, from time to time, judge necessary; 
for the payment of whom, and all necessary expenses 
which may arise in the exercise of their office, the said 
Board shall draw upon the Treasurer of the said town. 



LYNN BOARD OF HEALTH. June 16, i821. 591 

Sec. 3. Be it further enacted. That any person who 
shall offer for sale in the Town of Lynn, or shall have 
in his or her possession, any tainted or putrid salted Tainted meat 
meat, or pickled fish, which shall be so deemed by any sold! '"'*" "^ 
two of the Board of Health, upon conviction thereof, 
in manner aforesaid, shall forfeit the sum of two dol- 
lars for each parcel so offered for sale, or that he or 
she may have in possession. And it shall be the duty 
of every licenced packer of provisions and pickled fish 
to give information to the Board of Health, or some 
one of them, of any such meat or fish, that shall come 
to his knowledge, and shall moreover be sworn before 
tl^e President of the Board of Health, or some one of 
said Board, to give such information, before he shall 
execute that trust, after said Board of Health shall 
have been chosen ; and the said President and mem- 
bers, are hereby severally empowered to administer 
said oath. And if any packer of provisions do repack 
any meat or fish that is unwholesome, or not fit for use, 
and be thereof convicted, before any court competent 
to try the same, he shall forfeit two dollars for each 
barrel so repacked, and shall forever be disqualified 
for serving again in that capacity ; and no provision 
shall be repacked in the said Town of Lynn, between 
the first day of June, and the first day of October, in 
any year, but only in such place or places therein, 
wherein permission therefor shall be obtained in wri- 
ting, from the said Board of Health ; and any person 
or persons who shall repack any provisions within the 
times forbidden as aforesaid in the said Town of Lynn, 
in any place or places where permission therefor in 
writing hath not been first obtained of said Board of 
Health, shall forfeit the sum of two dollars for each penalties, 
barrel so repacked. 

Sec. 4. Be it further enacted, That no person or 
persons, without first obtaining permission therefor 
from the Board of Health or two members thereof, 
shall kill any sheep or lambs, or expose to sale within 
said town, between the first day of July and the twen- 
tieth day of September in any year, the meat of any 
sheep or lambs which have been killed within two 
days after such sheep or lambs have been driven into 
the said town 5 and every person who, without having 



592 LYNN BOARD OF HEALTH. June 16, 1821. 

first obtained such permission, shall, within the times 
aforesaid, kill any sheep or lambs within said town, 
within two days after such sheep or lambs have been 
driven into the same, or do expose or offer for sale 
within said town the meat of any sheep or lambs which 
have been so killed, shall forfeit and pay for each of- 

penaitics. feuce, tweuty dollars ; and the meat of every sheep or 
lamb so killed shall be forfeited: And the said Board 
of Health, or any two of them, may, and it shall be 
their duty to seize and remove the same and dispose 
thereof so as that the health of the inliabitants may not 
be endangered thereby ; and in any action or prose- 
cution against the members of said Board of Health, 
or either of them, for seizing any meat of sheep or 
lambs, by virtue of this act, the plaintiff or prosecutor 
shall be held to prove that such sheep or lambs were 
killed after the expiration of two days from the time 
the same were driven into said town, or by the per- 
mission of the said Board of Health. 

Sec. 5. Be it further enacted^ That no untanned 

storage of hidei. liides shall be stored^r kept in the said Town of Lynn, 
between the first day of May and the first day of 
December, except in such place or places as the Board 
of Health shall direct and appoint ; and that all such 
liides found in any other place or places in said town, 
within the times last mentioned, shall be forfeited, if 
not removed to such place as the Board of Health 
shall direct, without the limits of said town, by the 
owner thereof, within twenty four hours after notice 
given him by the said Board of Health, or any two of 
them ; and such hides, so forfeited, may and shall be 
seized by any two of said Board of Health, and may 
and shall be libelled and tried in the same way and 
manner, and by the same process as is provided for 
the trial of gunpowder, seized according to law. And 
any person or persons who throw upon the wharves or 
shores, or into any of the docks in the toAvn, any putrid 
meat, fish, or any other putrid or offensive substance, 
or any thing contrary to the order or regulations of the 
Board of Health, shall forfeit and pay for each offence, 

Kncs. a sum not less than two dollars, nor more than thirteen 

dollars, at the discretion of the court, which may have 
cognizance of such offence. That all masters of vessels 



POOR DEBTORS. June 16, 1821. 593 

who throw upon the wharves or shores, or into any of 
the docks in the said town, without permission from 
the Board of Health, any filth or the sweepings of the 
hold of vessels, which may endanger the health of the 
inhabitants of said town, shall forfeit a sum not less 
than five dollars, nor more than fifty dollars, for each 
offence. 

Sec. 6. Be it further enacted, That all penalties 
and forfeitures arising from this act, except in those 
cases, in which it is herein otherwise provided, shall Appiopiiation of 
accrue to the use of the Town of Lynn, and shall be 
prosecuted and recovered by action of debt, in the prosecution of 
name of the President of the said Board of Health, or° 
by information in any court competent to try the same ; 
and it shall be the duty of the said Board of Health, 
and of each member thereof, to pursue and enforce the 
due execution of the foregoing law, and to prosecute 
all offenders for all penalties and forfeitures which may 
accrue under the same. 

[Approved by the Grovernor, June 16th, 1821.] 



CHAP. XXII. 

An Act in addition to an Act to relieve Towns from 
the expenses of Persons Imprisoned for Debt. 

Sec. 1. JjE ?^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That when any person, 
hereafter confined in close prison, on mesne process or 
execution issued upon any cause of action, accruing 
after the fourteenth day of March, in the year of our 
Lord one thousand eight hundred and twenty, shall 
claim relief as a pauper, the Keeper of the prison in 
which such poor debtor is confined, shall, after twenty 
four hours from the time such claim is made, furnish 
relief and support to said poor debtor, at the charge creditor to pay 
and expense of the creditor, so long as he or she shall onek debtor '^' 
remain in close confinement at the suit of said creditor, 



594 POOR DEBTORS. June 16, 1821. 

1 at the rate of one dollar and twenty five cents per week ; 

and no town or dii»trict in this Commonwealth, shall 
hereafter be liable for the support of any poor debtor 
confined in manner aforesaid. 

Sec. 2. Be it farther enacted^ That when the Keep- 
er of the prison, at the time of the commitment of any 
person, upon mesne process, or execution issued in 
manner aforesaid, shall require of the creditor, his or 
her attorney, or the officer committing, security for the 
expense of supporting such debtor, in case he or she 
shall claim relief as a pauper, unless satisfactory secu- 
Keeper may dis- rlty Is givcu, or thc mouey advanced, he shall be under 
charge e tors. ^^^ obligation to furnish support for said debtor, as a 
pauper; and the said Keeper may, after twenty four 
hours from the time said poor debtor shall claim relief 
as a pauper, discharge the said debtor from impris- 
onment. 

Sec. 3. Be it further enacted, That when execu- 
tion shall be hereafter issued upon judgments rendered 
upon causes of action, which accrued previous to the 
fifteenth day of March, in the year of our Lord one 
thousand eight hundred and twenty, the Clerk or Jus- 
Duty of cierks. tice issuing such execution, shall certify on the back 
thereof, that the cause of action accrued previous to 
said time. 

Sec. 4. Be it further enacted. That when debtors 
shall be discharged from their imprisonment, in the 
manner mentioned in this act, the debt and cost shall 
not thereby be discharged ; but the debt and cost, to- 
gether with all sums which the creditor may have paid 
for the support of the debtor, while confined in close 
prison, shall be, and remain a legal claim against the 
Debtor's proper- goods aud cstate of the debtor, but not against his or 

[Approved by the Grovernor, June 16th; 1821-3 



COURT 0¥ COMMON PLEAS. June 16, 1821. 595 



CHAP. XXIII. 

An Act in further addition to an Act, entitled "An 
Act to establish a Court of Common Pleas for the 
Commonwealth of Massachusetts.'' 

Sec. 1. IjE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same. That as the Court of Com- 
mon Pleas created by the act, entitled "an act to es- court arrange- 
tablish a Court of Common Pleas for the Common-"'^*'*'" 
wealth of Massachusetts," passed on the fourteenth 
day of February last, will often sit at, or near the 
same times in diflTerent counties, the Justices of the 
same court, or a majority of them, may, from time to 
time, make such arrangements, as will be most conve- 
nient to themselves, and insure a punctual and prompt 
despatch of the duties incumbent upon them. 

Sec. 2. Be it further enacted, That nothing con- 
tained in the eleventh section of the act before named, 
shall be construed to give the Clerks of the Courts of 
Common Pleas any other or better title to their offices 
than they have heretofore had; and when any of the vacancies of 
said offices shall be vacant, a new Clerk shall be ^p. ^'"'''^"*'''''*''' 
pointed, in the same manner as the Clerks of the Cir- 
cuit Court of Common Pleas have hitherto been. 

Sec. 3. Be it further enacted, That the several 
Clerks of the Court of Common Pleas, before they 
enter upon the discharge of their duties, under the act 
before named, shall give bond, with sufficient sureties, cierus to give 
for the faithful performance of all the duties of their 
said office; and the sufficiency of such bonds shall be 
determined by any Justice of the Supreme Judicial 
Court, or Court of Common Pleas. 

Sec. 4. Be it further enacted, That the proviso 
contained in the sixth section of the act before named, 
and likewise the second period or sentence of the tenth 
section of the same act, relative to official incompatibil- part offormer 
ities, be, and the same are hereby repealed. lawrepeakd. 

[Approved by the Governor, June 16th, 1821.] 



596 DANVERS MEETING HOUSE. June 16, 1821. 

CHAP. XXIV. 

An Act in addition to an Act, entitled "An Act in- 
corporating the Proprietors of the South Meeting 
House in Danvers, as a Religious Society." 

Sec. 1. IjE it enacted by the Senate and House of 
MepresentativeSf in General Court assembled, and by 
the authority of the same, That in all the concerns of 
the society composed of the proprietors of the south 
Pew owners, meeting house in Danvers, to constitute a voter, a 
person shall own at least one half a floor pew, or the 
Avhole of a pew in the gallery. 

Sec. 2. Be it further enacted, That the standing 
committee of said society be hereby authorized and 
empowered to give deeds of conveyance to the present 
owners of all pews, that have been heretofore sold by 
Sale of pews, order of the society, and that all deeds of conveyance 
of pews or rights in the house, shall be recorded by the 
Clerk of the society, in a book kept for that purpose. 

Sec. 3. Be it further enacted. That so much of the 
act, to which this is in addition, passed on the twenty 
eighth day of September, in the year of our Lord one 
thousand seven hundred and ninety three, as relates 
to the payment of interest on taxes assessed by said 
society, and so much of said act as is inconsistent with 
sections of law tlic provlslons of this act, be, and the same are hereby 
repealed. 

[Approved by the Governor, June 16th, 1821.] 



CHAP. XXV. 

An Act to incorporate the First Calvinistic Baptist 
Society, in Beverly. 

Sec. 1. JjE it enacted by the Senate and House of 
jRepresentativeSy in General Court assembled, and by 
the authority of the same, That Charles Dennis, Elea- 



BEVERLY BAPTIST SOC. June 16, 1821. 597 

zer Wallis, Benjamin Peirce, Levi Dodge, William persons Lpcypo- 
Ciirtis, Abraham Lord, Jesse Sheldon, Knott Vickery, "^^^^ ' 
John P. Webber, Jonathan Dodge, Francis Lamson, 
Junior, George Lamson, John S. Parker, Nicholas 
Dodge, Junior, Israel Dodge, Benjamin Edwards, 
Nathaniel Bachelder, Henry Bachelder, Ezra Bachel- 
der, William Dodge, Junior, Isaac Appleton, John 
Wilson, Thomas Farris, John Bennett, Robert G. 
Wood, Samuel Obear, 3d, Stephen Homans, William 
Obear, William Elliott, John Cox, and Joseph Golds- 
bury, 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 Calvinistic 
Baptist Society in Beverly; with all the po\Vers, priv- General powers, 
ileges, rights and immunities to which parishes or 
societies are entitled by the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That the said society 
shall have power to raise such sum or sums of money, 
for the support of a minister, or ministers, from time to 
time, and for the repairs of their meeting house, to 
enlarge or alter the same, as may be deemed expedi- 
ent, and all other necessary charges relating to said Ministerial tms. 
society, by a tax on the polls and estates of all the 
members thereof ; and to ordain and establish all such 
rules and regulations as shall be determined by a ma- 
jority of said society, at each annual meeting, duly Meetings, 
warned and held according to law. 

Sec. 3. Be it further enacted, That any Justice of 
the Peace for the County of Essex, upon application 
therefor, is empowered to issue a warrant directed to 
a member of the said society, requiring him to notify 
and warn the members thereof to meet at such time 
and place as shall be appointed in said warrant, for First Meeting. 
the election of such officers as parishes are by law re- 
quired to choose at their annual meetings, and to do 
such other business as may be expressed in said 
warrant. 

[Approved by the Governor, June 16th, 1821.] 
78 



598 



BUILDINGS IN S. BOSTON. June 16, 1821. 



CHAP. XXVI. 

An Act partially to suspend the operation of an Act 
to secure the Town of Boston from damage by fire. 



Suspension of 
law. 



Proviso. 



X,imitation of 
power. 



Penalties. 



I>E it enacted by the Senate and House of 
Jiejpresentativesj in General Court assembled, and by 
the authority of the same, That the operation of all 
laws now in force, which restrain the erecting and 
placing of wooden buildings in the Town of Boston, 
of more than ten feet in height, from the ground to the 
highest point in the roof thereof, be, and the same are 
hereby suspended, so far as they respect any house or 
other building which may be erected or placed in that 
part of the Town of Boston, called South Boston, and 
which was heretofore set oif from tlie Town of Dor- 
chester, for and during the term of five years from the 
passing of this act : Provided , however, that such sus- 
pension and exemption shall not be deemed to extend 
to any house or building of any kind to be erected or 
placed within that part of the Town of Boston aforesaid, 
called South Boston, which shall be more than thirty 
feet high from the ground to the highest part thereof, 
or more than forty feet square, or within fifty feet of 
any other house, or other building. And the operation 
of the laws aforesaid, hereby partially suspended, and 
all penalties, forfeitures and disabilities thereby im- 
posed, and every clause and provision thereof, shall 
have the like force and effect, in regard to all houses 
and other buildings erected or placed in said South 
Boston, in any manner not conformable to the condi- 
tions and provisions of this act, and in regard to all 
persons who may be amenable therefor, as if this act 
had not been passed. 

[Approved by the Governor, June 16th, 1821.] 



FLINT'S MILLS, IPSWICH. June 16, 1821. 599 



CHAP. XXVII. 

An Act to empower the Proprietors of Flint's Mills, 
on Ipswich River, to alter the Passage for the Fish 
in the Dam of said Mills. 

15 E it enacted by the Senate and House of 
Hepresentatives, in General Court assembled, and by 
the authority of the same, That the Proprietors of 
Flint's Mills, in Middleton, in the County of Essex, 
be, and they hereby are authorized and empowered to passage for fith. 
discontinue the way, now required by law, to be kept 
open for the passage of the fish through the dam of 
said mills, any law to the contrary notwithstanding. 
Provided, nevertheless, that the said proprietors shall proviso. 
cause to be constructed on the southerly side of said 
dam, within six months from and after the passing of 
this act, a good and sufficient passage for the fish, and 
shall keep the same in good repair ; which passage 
shall be approved and allowed by the major part of a 
committee to be composed of the Fish Wardens of the Fish wardens. 
Towns of Danvers and Middleton, in the County of 
Essex, and the Town of Reading, in the County of 
Middlesex. 

[Approved by the Governor, June 16th, 1821.] 



CHAP. XXVII. 

An Act to incorporate the Proprietors of the 
Charlestown Bleachery. 

Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Amos Binney, George persons incorpo- 
Bond, and others, their associates, be, and they hereby '^"''^ 
are constituted a body politic and corporate, with per- 
petual succession, by the name of the Proprietors of 
the Charlestown Bleachery, for the purpose of bleach- 



600 



CHARLESTON BLEACHERY. June 11, 1821. 



ing and finishing linen and other cloths, and preparing 
materials therefor ; and the said corporation, by the 
name aforesaid, are hereby made capable in law, to 

May sue and be sue and be sued, to plead and be impleaded, to have a 
common seal, and the same to alter and renew at 
pleasure; to make rules and by-laws for the regulation 
and management of the said concern, consistent with 
the laws of the Commonwealth ; and generally to do 
and execute whatever by law shall appertain to bodies 
politic ; and for such purpose shall have all the pow- 

Generai powers, ers and privileges, and be subject to all the duties and 
requirements prescribed and contained in an act, enti- 
tled "an act defining the general powers and duties of 
manufacturing corporations," passetl the third day of 
March, in the year of our Lord one thousand eight 
hundred and nine. 

Sec. 2. Be it further enacted, That every person 
who shall become a member of said corporation, shall 
be liable in his private capacity, after his membership 
may have ceased, for all debts contracted during the 
time he was a member of said corporation. 

Sec. 3. Be it further enacted, That the stock and 
property of the said corporation shall be divided into 
one hundred and thirty shares, of one hundred dollars 
each, with liberty to extend tlie number of shares to 
five hundred : Provided, that any increase which may 
take place shall be authorized at a legal meeting of 
the proprietors held according to the rules established 
for calling the proprietors together ; and the said shares 
shall be divided among the several proprietors according 
to the interest and portion which they may respectively 
have in the said corporate property; and certificates of 
such shares shall be signed by the President and Treas- 
urer of the corporation, and issued to the proprietors ac- ' 
cordingly ; and the shares in the said corporation shall 
be transferable by endorsement on the back of said 
certificate, and the property of such shares shall be 
vested in the assignee or vendee thereof, when a record 
shall be made thereof in the books of the corporation, 
and new certificates shall be issued accordingly ; and 
such shares shall in all respects be considered as per- 
sonal estate, and shall be liable to attachment in the 
same manner as the shares in the several manufacturing 
companies in this Commonwealth are liable. 



Individual lia- 
bility. 



Number of 
shares. 



Division of 
shares. 



OHARLEST'N BLEACHERY. June 16, 1821. 601 

Sec. 4. Be it further enacted^ That the said cor- 
poration shall have power, from time to time, to assess May make as- 
such sums of money as may be deemed necessary for*^""^"'"* 
rebuilding or repairing any buildings or other property 
of the said corporation, or necessary for the erecting any 
new buildings or tenements on the estate of the corpora- 
tion, or for the improvement and good management of 
the corporate property. And in case any proprietor shall 
neglect or refuse to pay any assessments, the corpora- 
tion may cause the share or shares of such delinquent 
proprietor to be sold at public auction, after ten days Delinquent 
notice in a public newspaper printed in Boston, to the soiT* ""^ ''* 
highest bidder ; and after deducting the amount as- 
sessed and unpaid, together with charges of sale, the 
surplus, if any there be, shall be paid over to such 
proprietor ; and the purchaser of such share or shares 
so sold, shall be entitled to, and receive a certificate of 
the share or shares purchased by him accordingly. 

Sec. 5. Be it further enacted, That the said cor- 
poration may have and hold real and personal estates, 
not exceeding in cost, the sum of fifty thousand dollars. Limitation of 
with power to sell and dispose of the same, or any part '^* "^*^* 
thereof; and in all meetings of the members of said 
corporation, for the transaction of business, the num- 
ber of votes to which each stockholder shall be entitled, 
shall be according to the number of shares he may 
hold in the following proportion ; that is to say, for 
one share one vote, and every two shares above one. Qualification oi 
shall give a right to one vote more ; provided, that no"^""*"' 
one member shall be entitled to more than ten votes : 
^nd provided further, that no assessment shall be made 
at any meeting, unless the same be agreed to by two 
thirds at least in value of those present or represented 
at such meeting, nor unless public notice shall have been 
given at least ten days before such meeting, by publi-Modeofcaiung 
cation thereof in one or more newspapers printed in™^""*Ks- 
Boston ; and votes may be given in writing at any 
meeting, by any proprietor by his proxy. 

Sec. 6. Be it further enacted, That either of the 
proprietors may call a meeting of the said corporation, 
by advertising the same in any of the newspapers ^ 
printed in Boston, ten days at least before the time of 
meeting; and that the said corporation may, at that or 



602 SECRETARY, &c. June 16, 1821. 

any other meeting, agree on the mode of calling future 
meetings ; and shall elect a President, and Treasurer, 
chotceofoffi- and may elect all such other officers as the corporation 
may think fit, for conducting and managing the cor- 
porate affairs and estates, and the same may remove 
and change as the said corporation may see cause. 

[Approved by the Glovernor, June 16th;, 1821.] 



cen. 



CHAP. XXIX. 

An Act relative to filling any vacancy in the Office of 
Secretary or Treasurer of the Commonwealth. 

Sec, 1, JtiE it enacted by the Senate and House of 
Mepresentatives, in General Court assembled, and by 
the authority of the same, That whenever a vacancy 
shall happen in the office of Treasurer of this Com- 
vaeanciesin the mou Wealth, durius; the recess of the Le£;islature, which 
shall be supplied by the Governor, with the advice and 
consent of the Council, it shall be done agreeably to 
the regulations prescribed in an act, entitled "an act 
providing for the security of the Treasury of this Com- 
monwealth," enacted the eighth day of March, in the 
year of our Lord one thousand seven hundred and. 
ninety two ; provided, nevertheless, that the oaths and. 
affirmations prescribed by the sixth article of the 
, Amendments of the Constitution be always adminis-. 

tered, instead of the oaths, affirmations and declara- 
tions in use, before the said amendment was adopted. 
Sec. 2. Be it further enacted, That when any va- 
cancy shall happen in the office of Secretary of this 
vacancyinthe Common Wealth, during the recess of the Legislature, 
stMe.""""*^"*^ and shall be supplied by the Governor, by and with 
the advice of the Council, it shall be done agreeably 
to the regulations heretofore used and practiced for 
qualifying the said officer, adapting the oaths, affirma- 
tions and subscriptions of said officer, to the provisions 
of the amended Constitution of this Commonwealth. 

[Approved by the Governor^ June 16th, 1821.] 



BOSTON THEATRE. June 16, 1821. 603 



CHAP. XXX. 

An Act to 'incorporate the Proprietors of the Boston 

Theatre. 

Sec. 1. rS E i^ enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Samuel Danforth, persons inoorpo- 
Thomas Dennie, George Blake, Jonathan Amory,"^*^^^* 
Abraham Touro, Thomas A. Dexter, and their asso- 
ciates, successors and assigns, be, and they hereby 
are constituted a body politic and corporate, by the 
name of the Proprietors of the Boston Theatre ; and 
the said corporation, by the said name, are hereby de- 
clared and made capable in law to sue and be sued, to May sue and be 
plead and be impleaded, to have a common seal, and '"^ ' 
the same to alter and renew at pleasure ; to make rules 
and by-laws for the regulation and management of 
their property, consistent with the laws of the Com- 
monwealth ; and generally to do and execute what- General powers. 
ever, by law, shall appertain to bodies politic. 

Sec. 2. Be it further enacted, That every person 
who shall become a member of said corporation, shall 
be liable in his private capacity, after his membership individual ua- 
may have ceased, for all debts contracted during the*"'"^' 
time he was a member of said corporation. 

Sec. 3. Be it further enacted. That the said cor- 
poration be, and hereby is declared capable to have, 
hold, and possess, all the real estate now owned by May hoidreai 
the proprietors, in common, with the appurtenances"^"*^" 
thereof ; and the said corporation shall have power to 
sell, grant and alien in fee simple, or otherwise, their 
corporate property, or any part thereof, and to lease, 
manage and improve the same according to the will 
and pleasure of the said corporation, to be expressed 
at any legal meeting. 

Sec. 4. Be it further enacted, That the said corpo- 
rate property shall be divided into shares, not exceed- 
ing one hundred in number, as the said corporation Limited number 
may find to be most expedient; and said shares shall" *'**'^"* 
be divided among the several jn'oprietors according to 



604 BOSTON THEATRE. June 16, 1821. 

the interest and portions, which they may respectively 
have in the said corporate property ; certificates of 
which shares shall issue to the proprietors, under the 
seal of said corporation, and be signed by the Presi- 
dent and Treasurer thereof; and the shares in said 
sjwmtransfcra- corporation shall be transferable by endorsement on 
the back of said certificate ; and the property in such 
shares shall be vested in the assignee or vendee there- 
of, when a record shall be made thereof by the Clerk 
of the corporation, and new certificates shall be issued 
accordingly ; and such shares shall in all respects be 
Shares consuiei^ cousldered as personal estate, and subject to be at- 
tate. " tached on mesne process, and sold on execution, in the 

same manner as shares of incorporated companies now 
are subject, by an act, entitled "an act directing the 
mode of attaching on mesne process, and selling by 
execution, the shares of debtors in incorporated com- 
panies." 

Sec. 5. Be it further enacted, That the said cor- 
poration shall have power, from time to time^, to assess 
Mfty levy assess- sucli sums of mouey as may be deemed necessary for 
'"^°'* rebuilding, altering or repairing any buildings now be- 

longing to the corporation, or necessary for the erection 
of any new buildings on the whole or any part of their 
premises, or for the improvement and good manage- 
ment of the corporate estate, agreeably to the true 
intent and meaning of this act. And in case any pro- 
prietor shall refuse or neglect to pay any assessment, 
the said corporation may cause such of the shares of 
Delinquent such delinquent proprietors as may be suflBcient there- 
.^a^resniay e ^^^^ ^^ |^^ ^^^^ y^^ publlc auctlou, after ten days notice, 

to the highest bidder ; and after deducting the amount 
assessed and unpaid, together with the charges of sale, 
the surplus, if any, shall be paid over to such proprie- 
tor ; and the purchaser of such share or shares so sold, 
shall be entitled to, and receive a certificate of the 
share or shares by him purchased accordingly. 

Sec. 6. Be it further enacted, That the corporate 

^rowti""*^ property which the said corporation shall have and 

hold, at any one time, in virtue of this act, shall not 

exceed in value one hundred and fifty thousand dol- 



BOSTON THEATRE. June 16, 1821. 605 

lars : and in all meetings of the members of said cor- 
poration for the transaction of business, each member 
or proprietor shall be entitled to one vote for every 
share by him held in said corporation; provided, vioyiso. 
always, that no one member shall ever be entitled 
to more votes than shall be equal to one fourth part 
in value of the corporation property ; and provided 
further, that no assessment shall be made at any meet- 
ing, unless the same shall be agreed to by two thirds 
at least, in number and interest of those present, or 
represented at such meeting, nor unless public notice 
shall have been given at least ten days previous to 
such meeting, by publication thereof in one or more 
newspapers printed in Boston. Proprietors may ap- 
pear and act at any meeting by their proxy, duly 
authorized in writing, 

Beg. 7. Be it further enacted, That any three of 
them, the said Danforth, Dennie, Blake, Amory, Tou- 
ro, or Dexter, may call a meeting of said corporation First meeting, 
by advertising the same in any of the newspapers 
printed in Boston, ten days at least, before the time of 
meeting ; and that the corporation may, at such, or 
any other meeting, agree on the mode of calling future 
meetings ; and shall elect a President, Treasurer and 
Clerk, and may elect all such other officers as said 
corporation may think fit, for conducting and managing 
the corporate affairs and estate ; and the same may 
change and remove, as the said corporation may see fiL 

Sec. 8. Be it further enacted. That immediately 
after the first meeting of said corporation, all the real 
estate now owned in common by the Proprietors of 
the Boston Theatre shall be transferred by 2;ood and corporate 

• shares 

sufficient deeds of conveyance to the corporation afore- 
said. 

[Approved by the Governor, ,Tune 16th; 1821.] 
79 



606 



BUILDING WITH WOOD. 



June 16, IS'^l. 



CHAP. XXXI. 



ings. 



An Act regulating the building with Wood within 
the Town of Boston. 

Sec. 1. llE it enacted by the Senate and House of 
Mepresentatives, in General Court assernbled^ arid by 
the authority of the same, That from and after the 
passing of this act, it shall be lawful to build houses, 
or other buildings of wood within the Town of Boston, 
the posts whereof, measuring from the bottom of the 
fiimensioiis of lower siU to the top of the plate, shall not exceed ten 
feet, and the pitch of the roof thereof, not to exceed 
one third pitch ; provided, that such roof be of a reg- 
ular slope from the plate to the top thereof, and that 
no window or windows shall be erected or made on 
the sloping part of the roof of such house or building : 
And provided, also, that in no case shall any such 
house or building exceed sixteen feet in measure from 
the ground to the highest point in the roof. 

Sec. 2. Be it further enacted, That so much of the 
laws heretofore passed, as are inconsistent with the 
provisions of this act, be, and the same are hereby 
repealed. 

[Approved by the Grovernor, June 16th, 1821.] 



Proviso. 



Part of former 
law repealed. 



CHAP. XXXII. 

An Act to provide for the discharge of Officers in the 

Militia. 



Militia Officers 
may be disehar- 
ged. 



Sec. 1. OE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same. That the Commander in 
Chief may discharge from office any person holding a 
commission in the militia, whenever he shall thereto 
be requested by such officer in writing. And when- 



MILITIA OFFICERS. June 15, 1821. GOT 

ever the Major General or Commanding Officer of any 
division shall certify that any officer, chosen or ap- 
poiated to command in the militia, belonging to his 
division, has removed his residence out of the bounds 
of his command to such a distance that such Major 
General shall think it inconvenient for him to dis- 
charge the duties of his office, or, that any officer has 
been absent from his command twelve months without 
leave of the Commanding Officer of his division, such 
persons shall be considered as having abdicated their 
offices, and the Commander in Chief shall discharge 
them accordingly. And whenever any corps is dis- 
banded by law, the officers belonging to the same 
shall be discharged. 

Sec. 2. Be it further enacted, That whenever any 
officer, who is or shall be chosen to command in the 
militia, or is or shall be appointed to office in the same, 
shall, after he shall have been chosen or appointed, 
and before receiving his commission, remove out of the 
bounds of the corps to which he is chosen or appoint- vacancies may 
ed, to such a distance that his Major General shall '' '' "^' 
think it inconvenient for him to discharge the duties 
of his office, or whenever any officer shall refuse to 
accept his commission, and to take and subscribe the 
oaths rec^uired by the constitution, it sliall be the duty 
of the Major General, to certify the facts upon the 
back of the commission, and to return the same to the 
Adjutant General's Office, and to cause the vacancy to 
be filled. 

Sec. 3. Be it further enacted, That officers, duly 
commissioned to command in the militia, may be re- Removal of, offi. 
moved from their offices by the address of both Houses "'^'' 
of the Legislature to the Governor, or by fair trial in 
Court Martial, pursuant to the laws of the Common- 
wealth for the time being. 

[Approved by the Governor, June 15th, 1821.] 



SECRETARY'S OFFICE, JULY 20, 1821. 

BY THIS J CERTIFY, That the Laws printed in this 
pamphlet, passed at the session of the General Court in May and 
June last, have been compared with the original engrossed bills in 
this Office, and appear to be correct. 

ALDEN BRADFORD, 

Secretary of the Commonwealth. 



AMENDMENTS 



CONSTITUTION OF MASSACHUSETTS. 



The following Articles of Amendment to the Constitution, 
proposed by the Convention, holden November 15th, 
1820, were approved, ratified, and adopted by a major- 
ity of the legal voters in the State, and have become a 
part of the Constitution of the Commonwealth. 



ARTICLE I. 

IF any bill or resolve shall be objected to, and not 
approved by the Grovernor ; and if the General Court 
shall adjourn within five days after the same shall objections of 
have been laid before the Governor for his approbation, *^''""'*' ^°"^' 
and thereby prevent his returning it, with his objec- 
tions, as provided by the Constitution ; such bill or 
resolve shall not become a law, nor have force as such. 

ARTICLE IL 

The General Court shall have full power and au- 
thority to erect and constitute municipal or city gov- 
ernments in any corporate town or towns in this Com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges and immunities, not repugnant to 
the Constitution, as the General Court shall deem ne- 
cessary or expedient for the regulation and govern- 
ment thereof, and to prescribe the manner of calling city coveiH. 
and holding public meetings of the inhabitants i^ ""'''"• 
wards, or otherwise, for the election of officers under 
the constitution, and the manner of returning the votes 
given at such meetings: provided, that no such gov- 
ernment shall be erected or constituted in any town 
not containing twelve thousand inhabitants 5 nor unless 



610 AMENDMENTS 

it be with the consent and on the application of a ma- 
jority of the inhabitants of such town, present and 
voting thereon, pursuant to a vote at a meeting duly 
warned and holden for that purpose : And provided 
also, that all by-laws made by such municipal or city 
government, shall be subject, at all times, to be annull- 
ed by the General Court. 

ARTICLE m. 

"" Every male citizen of twenty one years of age 

and upwards, (excepting paupers and persons under 
guardianship) who shall have resided within the Com- 
monwealth one year, and within the town or district, 
in which he may claim a right to vote, six callender 
and resident of uiouths uext preceding any election of Governor, Lieu- 
^"^"^ tenant Governor, Senators, or Representatives, and 

who shall have paid, by himself or his parent, mas- 
ter or guardian, any state or county tax, which shall, 
within two years next preceding such election, have 
been assessed upon him, in any town or district, 
of this Commonwealth ; and also every citizen who 
shall be by law exempted from taxation, and who 
shall be in all other respects qualified as abovemen- 
tioned, shall have a right to vote in such election of 
Governor, Lieutenant Governor, Senators and Repre- 
sentatives ; and no other person shall be entitled to 
vote in such elections, 

ARTICLE IV. 

Notaries Public shall be appointed by the Govern- 
Appointment of Or, iu tlic samc manner as judicial officers are appoint- 
Notanes u ic. ^^|^ ^^^ shall liold their offices during seven years, 
unless sooner removed by the Governor, with the con- 
sent of the Council, upon the address of both Houses 
of the Legislature. 

In case the office of Secretary or Treasurer of the 

Commonwealth shall become vacant from any cause, 

Vacancies of the during thc rcccss of the General Court, the Governor, 

Trea's^urir'to be with thc advlcc aud consent of the Council, shall nom- 

"^* inate and appoint, under such regulations as may be 

prescribed by law, a competent and suitable person to 

such vacant office, who shall hold the same until a 

successor shall be appointed by the General Court. 



TO THE CONSTITUTIO]^. 611 

Whenever the exigencies of the Commonwealth i 

shall require the appointment of a Commissary Gen- Appointment of 

ii'^.i',', . , • , , . Com. General. 

eral, he shall be nominated, appointed and commis- 
sioned, in such manner as the Legislature may, by 
law, prescribe. 

All officers commissioned to command in the militiaj 
may be removed from office in such manner as the Removal of jcfr 

T ** • 1 . 11 '1 tia Officers. 

Legislature may, by law, prescribe. 

ARTICLE V. 

In the elections of Captains and Subalterns of the Qualification of 

• i-.. n ,, 1 p ii • ,• • voters in choice 

militia, all the members oi their respective companies, of Miiitia offi- 
as well those under, as those above the age of twenty *''"' 
one years, shall have a right to vote. 

ARTICLE VI. 

Instead of the oath of allegiance prescribed by the 
Constitution, the following oath shall be taken and 
subscribed by every person chosen or appointed to any 
office, civil or militai'y, under the government of this 
Commonwealth, before he shall enter on the duties of 
his office, to wit : 

" I, A. B. do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massa-oathof aiie- 
chusetts, and will support the Constitution thereof. ^""''^*" 
»So help me God." 

Provided, That when any person shall be of the 
denomination called Quakers, and shall decline taking 
said oath, he shall make his affirmation in the fore- proriap. 
going form, omitting the word ^^swear,'' and inserting, 
instead thereof, the word "affirm,"' and omitting the 
words "so help me God," and subjoining, instead 
thereof, the words "this I do under the pains and 
penalties of perjury." 

ARTICLE VII. 

No oath, declaration or subscription, excepting the 
oath prescribed in the preceding article, and the oath 
of office, shall be required of the Governor, Lieutenant specific quaiiii 
Governor, Counsellors, Senators or Representatives,""^*""'* 
to qualify them to perform the duties of their respec- 
tive offices. 



612 AMENDMENTS, &c. 

ARTICLE Vlll. 

No Ju(lg;e of any Court of this ComnionwoaUhj 
(except the Court of Sessions,) and no person holding 
any oifice under the authority of the United States, 
(Postmasters excepted,) shall, at the same time, hold 
the office of Governor, Lieutenant Governor or Coun- 
sellor, or have a seat in the Senate or House of Rep- 
resentatives of this Commonwealth ; and no Judge of 
any Court in this Commonwealth, (except the Court 
of Sessions,) nor the Attorney General, Solicitor Gen- 
eral, County Attorney, Clerk of any Court, Sherifl*, 
Treasurer and Receiver General, Register of Pro- 
incompatibiiity bate, nor Register of Deeds, shall continue to hold 
his said office after being elected a member of the Con- 
gress of the United States, and accepting that trust; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resigna- 
tion of his said office ; and Judges of the Courts of 
Common Pleas shall hold no other office under the 
government of this Commonwealth, the office of Jus- 
tice of the Peace and Militia Offices excepted. 

ARTICLE IX, 

If at any time hereafter, any specific and particular 
amendment or amendments to the Constitution be pro 
posed in the General Court, and agreed to by a major- 
ity of the Senators and two thirds of the members of 
the House of Representatives present and voting there- 
on, such proposed amendment or amendments shall be 
entered on the journals of the two Houses, with the 
yeas and nays taken thereon, and referred to the Gen- 
eral Court then next to be chosen, and shall be pub- 
lished ; and if in the General Court next chosen, as 
aforesaid, such proposed amendment or amendments 
Modetffuiurp shall be agreed to by a majority of the Senators and 
uircoSution. two thirds of the members of the House of Represent- 
atives present and voting thereon ; then it shall be the 
duty of the General Court to submit such proposed 
amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the 
qualified voters, voting thereon, at meetings legally 
wained and holden for that purpose, they shall be- 
come part of the Constitution of this Commonwealth. 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 
PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE NINTH DAY 

OF JANUARY, AND ENDED ON SATURDAY, THE TWENTY THIRD DAY 

OF FEBRUARY, A. D. EIGHTEEN HUNDRED AND TWENTY TWO. 



CHAP, xxxni. 

An Act ill addition to ^'An Act incorporating the Mas- 
sachusetts Mutual Eire Insurance Company." 

JjE it enacted by the Senate and House of 
Jlepresentatives, in General Court assembled, and by 
the^ aiitliority of the same, That the Massachusetts 
Mutual Eire Insurance Company may have, purchase, 
and hold real estate, provided^ the amount thereofnayhoidReaj 
shall not exceed the sum of fifty thousand dollars. faVnaVnouift." 

[Approved by the Oovernor, January 28th, 1822.] 



614 TOWN OF PRESCOTT. Jan. 28, 1822. 

CHAP. XXXIV. 

An Act to establish the Town of Prescott. 

Sec. 1. KE it enacted by the Senate and House of 
Mepresentatives^ in General Court assembled, and by 
the authority of the same, That the East Parish of 
Pelhaiu, in the County of Hampshire, and the south 
part of New Snleni, in the County of Franklin, by the 
Baundaries. following boundaries, viz. : beginniug on the west line 
of New Salem, at the southwest corner of lot number 
twenty three, in the third division, now ovvned by 
Samuel Wood; from thence, running east by the south 
line of that lot, and the south line of Ebenezer and 
David C. Vaughn's farm, to the southwest corner of 
David and Luther Hunt's farm; thence easterly, on 
the line between said farm and Samuel H. Hunt's 
land, and on the south line of William Walker's land, 
and the south line of the farm now occupied by Wins- 
low Packard, to the west line of Nathaniel Bangs' 
farm; thence southwardly and eastwardly by his line, 
to Amos Martin's west line; thence south and east, by 
the west and south line of his farm, to the west line of 
the farm lately owned by Ebenezer Lincoln, now 
ovvned by Nymphas Stacey; thence southwardly, by 
the west line thereof, to the southwest corner; thence 
eastwardly on the south line, until it comes to the 
highway, that runs eastwardly on the south side of 
said farm; thence along the middle of said highway, 
eastwardly and southwardly, to the southwest corner 
of land owned by Varney Pearce; thence east, on the 
south line, to the southeast corner; thence north, to 
the southwest corner of the lot on which Samuel Lin- 
zie now lives; thence east, on the south line of that 
lot, and on the south line of the lot on which Rufus 
Stacey lives, to the east line of New Salem; then 
south and west, following the line of New Salem, to 
the northeast corner of Pelham; thence south and 
west, on the east and south lines of Pelham, until it 
comes to the stream called the west branch of Swift 
River, being the line between the two parishes in 



TOWN OF PRESCOTT. Jan. 28, 1822. 615 

Pelham; thence northwardly along the middle of said 
stream, to the first mentioned boundary on the west 
line of New Salem, be, and hereby is incorporated 
into a town, by the name of Prescott; and the inhabi- 
tants thereof are hereby vested with all the powers 
and privileges of towns within this Commonwealth; 
and the said Town of Prescott is hereby annexed to 
the County of Hampshire. 

Sec. 2. Be it further enacted, That the inhabitants 
of the Town of Prescott, shall be liable to pay all 
taxes that have been legally assessed on them, by the 
respective Towns of Pelham and New Salem, and Adjustment of 
also their proportion of the county taxes for the pre- 
sent year, although not yet assessed, in the same 
manner as they would have been, if this act had not 
been passed. 

Sec. 3. Be it further enacted, That the said Town 
of Prescott shall be holden to pay the expense of sup- 
porting all the poor now chargeable to the Town of 
New Salem, in such proportion as the valuation of 
that part of New Salem, now , included in the Town 
of Prescott, bears to the whole valuation made by the 
Assessors, for the year one thousand eight hun<lred 
and twenty one; and they shall also be holden to pay 
for the support of all the poor now chargeable to the 
Town of Pelham, in such proportion as the valuation Pioportiou or 

• Poor Tax. 

of the east parish bears to the whole valuation for the 
year one thousand eight hundred and twenty one, of 
the Town of Pelham: And further, the said Town of 
Prescott shall be liable and holden to support all per- 
sons who may, hereafter become chargeable as pau- 
pers, who have gained or acquired a settlement in 
either of said towns, and whose residence at the time 
when such settlement may have been acquired, was 
within the limits of the territory incorporated into a 
town, by this act. 

Sec. 4. Be it further enacted, That any Justice of 
the Peace for the County of Hampshire, is hereby 
authorized, on application therefor, to grant a warrant 
for calling the first meeting of the Town of Prescott. First Meetiag. 

[Approved by the Grovernor, January 28th, 1822.] 



616 TINKLER'S ISLAND, &c. Jan. 28, 1822. 



XXXV. 

An Act ceding to the United States the jurisdiction of 
part of Tinker's Island, Marblehead Rock, and the 
east Rock of Cat Island. 

jSE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That there be, and hereby 
lands ceded lo Is ccdcd to thc United States, the jurisdiction of the 
Ull.tod states. fQ||Q^yJQg described real estate, lying in Salem, in the 
County of Essex, to wit : a part of Tinker's Island, 
so called, lying southerly of Marblehead Neck, con- 
taining two acres, on the southwest part of said Island, 
and bounded as follows ; beginning at a point on the 
northwest beach thereof, thence running across said 
Island, due southeast till it meets the beach, said point 
being so far distant from the west point of said Island 
as to leave southwesterly of said line two acres, being 
about one sixth part of the said Island ; also the Island 
or Rock, known by the name of Marblehead Rock, 
lying south, fifty seven degrees east, from Marblehead 
Yovt ; distant therefrom about three quarters of a sta- 
tute mile ; also the east Rock of Cat Island, so called, 
the same lying south, eighty one degrees east, from 
Marblehead Fort ; distant one and three eighth parts 
of a mile ; and north, seventy degrees east, from the 
Marblehead Rock about three quarters of a mile ; for 
the purpose of erecting and preserving land marks 
\ thereon : Provided, that this Commonwealth shall re- 

state to maintain concurrent jurisdiction with the United States in 
dict'iokr'**"'""' and over said land, so far as that all civil and criminal 
processes, issued under the authority of this Common- 
wealth, or any officer thereof, may be executed on any 
part of said land, or in any building which may be 
erected thereon ; and for the punishment of all crimes 
and misdemeanors against the laws of this Common- 
wealth, committed upon said land, in the same way 
and manner as if this grant had not been made. 

[Approved by the Governor, January 28th, 1822.] 



BEVERLY MAHINE IN. CO. Jan. 28, 1822. 617 



CHAP. XXXVI. 

An Act in further adrlition to an Act, entitled "An Act 
to incorporate Nicholas Thorndike, and others, into 
a Company, by the name of the Beverly Marine In- 
surance Company." 

IjE it enacted by the Senate and House of 
liepresentatives, in General Court assembled, and by 
the authority of the same, That such further time, not Further time ai- 
exceeding five years from and after the twenty fourth °^^^ 
day of August next, be allowed to the stockholders in 
the Beverly Marine Insurance Company, named in an 
act, entitled '^ an act to incorporate Nicholas Thorn- 
dike, and others, into a company, by the name of the 
Beverly Marine Insurance Company," to pay in the 
residue, being the last moiety of the instalments, and 
amounting in all to fifty dollars on a share in the capi- 
tal stock of the said company, as the Directors thereof 
may judge proper; and that the said residue shall be 
paid in at such times and in such proportions as the said 
Directors shall order and appoint, within the period 
aforesaid: Provided, however, that nothing in this act Proviso. 
shall be construed to exonerate or discharge the estates 
of the said stockholders from being liable in the man- 
ner and for the purposes mentioned in the tenth section 
of the said original act, in addition to which this act 
is made. 

[Approved by the Governor,