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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until  repealed  by  the  Legislature  :  Provided  however, 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  0  0  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  0     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 
0  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,  January  28th,  1822.] 


CHAP  XXXVII. 

An  Act  to  incorporate  the  Veterinary  Institution  of 
Massachusetts. 

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


618 


VETERINARY  INSTITUTION.    Jan.  28, 1822. 


Persons  incorpo-?/?e  authoritif  of  the  same,  That  John  B.  Brown,  Wil- 
liam Sullivan,  Henry  A.  S.  Dearborn,  George  Sulli- 
van, John  C.  Warren,  and  Samuel  Jaques,  and  their 
associates,  be,  and  they  are  hereby  incorporated,  by 
the  name  of  the  Veterinary  Institution  of  Massachu- 
setts, for  the  purpose  of  diffusing  a  knowledge  of  Ve- 
terinary medicine  and  surgery,  by  means  of  lectures 
and  practice,  or  otherwise;  and  to  this  end  to  purchase 

May  hold  real  and  hold  real  and  personal  estsLte,',  provided,  the  real 

me, toaTertahi  estate  of  Said  corporation  shall  not  exceed  the  value 
of  thirty  thousand  dollars,  and  the  income  from  their 
personal  estate,  shall  not  exceed  three  thousand  dol- 
lars per  annum. 

Sec.  2.  Be  it  further  enacted,  That  the  said  John 
B.  Brown  be,  and  he  is  hereby  authorized  to  call  the 

First  Meeting,  first  meeting  of  said  corporation,  by  giving  public 
notice  in  any  newspaper  printed  in  Boston,  of  the 
place  and  time  of  meeting,  at  least  four  days  previous 
to  such  meeting;  and  that  the  above  named  persons, 
or  such  of  them  as  shall  be  present  at  said  meeting, 
shall  organize  said  corporation,  by  electing  a  presi- 
ding officer,  to  be  called  President,  and  a  Board  of 
Trustees  consisting  of  five  persons,  also  a  Treasurer 
and  a  Clerk;  and  at  the  said  meeting,  by-laws  shall 
be  established,  providing  for  the  admission  of  associ- 
ates, and  the  mode  of  calling  future  meetings  of  said 
corporation:  and  that  at  any  future  meeting,  such  by- 

By-Laws,  laws,  rules,  and  regulations  may  be  adopted  for  the 
furtherance  of  the  objects  of  the  institution,  as  a  ma- 
jority of  the  members  of  said  corporation  may  deem 
expedient;  provided,  the  same  be  consistent  with  the 
laws  of  this  Commonwealth. 

[Approved  by  the  Governor,  January  28th;  1822.] 


OfBcers  to  be 
chosen. 


BAP.  SOC.  SOUTHBRIDGE.  Jan.  29.  1822.  619 


CHAP.   XXXVIIl. 

An  Act  in  addition  to  an  Act,  entitled  "An  Act  defining 
the  general  powers  and  duties  of  Manufacturing  Cor- 
porations." 

1»E  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  oj  the  same,  That  every  person  who  shall 
become  a  member  of  any  manufacturing  corporation.  Liability  of  indi 
which  may  hereafter  be  established  within  this  Com-  '"*"*''• 
mon wealth,  shall  be  liable,  in  his  individual  capacity, 
for  all  debts  contracted  daring  the  time  of  his  continu- 
ing a  member  of  such  corporation. 

[Approved  by  the  Governor,  January  28th,  1822.] 


CHAP.  XXXIX. 

An  Act  to  incorporate  the  First  Baptist  Society,  in 
Southbridge. 

Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  Tliat  Luther  Ammidon,  Bar-  persons  incorpo- 
zillai  Baylies,  Elisha  Coles,  Jacob  Edwards,  Samuel'''^ 
Fish,  2d,  William  Haskell,  Nicholas  Jenks,  Alpha 
Morse,  Moses  Putney,  Ichabod  Bobbins,  Abisha  Sa- 
bin,  Luther  Travis,  Joshua  Vinton,  and  Caledonia 
West,  together  with  their  associates  and  successors, 
with  their  families,  polls  and  estates,  be,  and  they  are 
hereby  incorporated,  by  the  name  of  the  First  Baptist 
Society,  in  Southbridge,  with  all  the  powers  and  pri-  General  powers. 
vileges  to  which  parishes  and  other  religious  societies 
are  entitled  by  the  constitution  and  laws  of  this  Com- 
monwealth. 

Sec.  2.  Be  it  further  enacted,  That  the  said  society 
be^  and  is  hereby  empowered  to  sell  or  lease  the  pews  May  seii  pews. 
81 


620  ANDOVER  MEGHAN.  ASSO.       Jan.  29,  1822. 

in  the  meeting  house  belonging  to  the  said  society,  and 
give  deeds  to  convey  the  same.  And  all  deeds  and 
conveyances  of,  and  all  executions  extended   on  the 

♦  pews  in  the  said  meeting  house,  shall  be  recorded  by 

the  Clerk  of  said  society;  and  being  so  recorded,  shall 
be  considered  valid  in  law. 

8  EC.  3.  Be  it  further  enacted,,  That  any  three  of  the 
persons  named  in  this  act,  or  either  of  them,  may  call 

First  Meeting;,  the  first  meeting  of  said  society,  l)y  posting  up  a  noti- 
fication at  said  meeting  house,  giving  at  least  seven 
days  notice  of  the  time,  place,  and  purpose  of  such 
meeting ;  and  being  so  met,  the  society  may  agree  on 
the  mode  of  calling  and  notifying  future  meetings. 

[Approved  by  the  Governor,  January  29th,  1822.] 


CHAP.  XL. 

An  Act  incorporating  the  And  over  Mechanic 
Association. 

Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Enoch  Frye  and  Abra- 

personsincorpo-hani  .T.  (xould,  aud  their  associates  and  successors  be, 
and  they  hereby  are  incorporated,  by  the  name  of  the 
Andover  Mechanic  Association,  with  power  to  have 
and  use  a  common  seal,  to  make  by-laws  for  the  man- 
agement of  said  corporation  and  its  funds,  and  for  the 
purpose  of  promoting  inventions  and  improvements  in 
the   mechanic  arts,  by  granting   premiums,  to  assist 

General  powers,  meohauics  wlth  loaus  of  money,  and  to  relieve  the  dis- 

and  regulations.  ,  v  '  , 

tresses  ot  unfortunate  mechanics  and  their  families,  and 
to  have  all  the  privileges  usually  given  by  acts  of  in- 
corporation to  charitable  societies. 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo- 
j*'*!*"*"  real e- ration  may  take  and  hold  real  estate,  not  exceeding  in 
value  two  thousand  dollars,  and  personal  estate  not 
exceeding  ten  thousand  dollars. 


DISTRICT  OF  MAINE.  Jan.  29,  1822.  621 

Sec.  3.  Be  it  further  enacted,  That  Enoch  Frye, 
aud  Abraham  J.  Gould,  are  hereby  authorized  to  call 
the  first  meeting  of  said  corporation,  at  such  time  and  First  Meeting;. 
place  as  they  shall  appoint,  by  giving  personal  notice 
to  each  of  their  associates;  at  which  meeting,  by-lawi^ 
may  be  made,  and  the  mode  of  calling  future  meetings 
regulated. 

Sec.  4.  Be  it  further  enacted.  That  this  act  may  be  Reservation  of 
amended,  revised,  and  repealed,  at  the  pleasure  of  theeT'*"'^^"'* 
Legislature. 

[Approved  by  the  Governor,  January  29th,  1822.] 


CHAP.  XLI. 

An  Act  to  provide  for  carrying  info  effect  certain  stipu- 
lations in  the  Act  for  erecting  the  District  of  Maine 
into  a  Separate  State. 

Sec.  1.  I>E  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  the  Commissioners 
appointed  by  virtue  of  the  act,  entitled  "  an  act  rela- 
ting to  the  Separation  of  the  District  of  Maine  from 
Massachusetts  Proper,  and  forming  the  same  into  a 
Separate  and  Independent  State,''  passed  the  nine- 
teenth day  of  June,  in  the  year  of  our  Lord  one  thou- 
sand eight  hundred  and  nineteen,  shall  each  be  entitled 
to,  and  receive,  as  a  compensation  for  their  services, 
five  dollars  a  day,  for  the  time  they  shall  be  actually  Pay  of  commis- 
engaged  in  executing  the  duties  assigned  them,  by""""'" 
virtue  of  said  act;  and  for  their  necessary  travel  in 
and  about  the  same,  a  like  sum  for  every  thirty  miles 
travel,  the  same  to  include  as  well  their  past,  as  future 
services ;  the  aforesaid  compensation  to  be  in  full  for 
their  expenses,  as  well  as  their  services. 

Sec.  2.  Be  it  further  enacted.  That  upon  the  said 
Commissioners,  or  a  major  part  of  them,  certifying  tocertificateofsei- 
Uis  Excellency  the  Governor,  an  account  of  their  tra- ""' '*^'^'"'^ ' 


622  DISTRICT  OF  MAINE.  Jan.  29,  1822. 

vel  and  attendance  upon  said  services,  at  the  rates 
aforesaid,  His  Excellency  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Council,  be,  and  he 
hereby  is  authorized  and  empowered  to  draw  his  war- 
rant on  the  Treasurer  of  this  Commonwealth,  for  the 
one  half  of  the  amount  of  such  account,  in  favor  of  said 
Commissioners,  as  shall,  by  such  certificate  and  ac- 
count, appear  to  be  entitled  to  receive  the  same. 

Sec.  3.   Be  it  further  enacted,  That  for  defraying 
the  one  half  of  the  expense  of  surveying  the  lands  in  I 

the  State  of  Maine,  to  be  surveyed  and  divided,  the 
charges  attending  said  survey,  and  also  for  defraying 
the  one  half  of  the  compensation  of  the  Secretary  of 
said  Commissioners,  and  paying  for  the  stationary  to 
be  used  by  them,  exclusive  of  the  pay,  and  personal 
expenses  of  said  Commissioners,  the  sum  of  three 
thousand  dollars  be,  and  hereby  is  appropriated,  as  a 

Fund  for  expen-  COU  t  iugeut  f U  U d . 

seso  service.  ggc.  4.  Be  it  further  enacted ,  That  when  the  said 
Commissioners,  or  a  major  part  of  them,  shall  request 
the  same,  His  Excellency  the  Governor,  by  and  with 
the  advice  and  consent  of  the  Council,  be,  and  hereby 
is  authorized  and  requested  to  draw  his  warrant,  from 
time  to  time,  for  such  sum  or  sums  of  money,  not  ex- 

provisionforex-ceeditts;  said   three    thousand    dollars,   as   they   shall 

cess  of  expenses.  .-i^ii  i>ii  ,-'i- 

certify  to  be  necessary  lor  the  purposes  mentioned  in 
the  third  section  of  this  act,  in  favor  of  such  person  or 
persons,  as  they  siiall  direct. 

Sec.  5.  Be  it  further  enacted.  That  the  Secretary 
be,  and  he  hereby  is  directed,  as  soon  as  may  be,  to 
transmit  to  the  Secretary  of  the  State  of  Maine,  a 
copy  of  this  act.  And  in  case  the  said  State  of 
Maine  shall  provide  a  like  compensation  for  said 
Commissioners  on  their  part,  and  make  adequate  pro- 
vision for  defraying  the  one  half  of  the  expense,  pro- 
conditionai  en-  vlded  for  iu  thc  third  section  of  this  act,  the  same 
,,agemLns.  gij^H  be  iu  forcc ;  but  until  such  provision  shall  be 
made,  sliall  be  deemed  and  taken  to  have  no  effect. 

[Approved  by  the  Governor,  January  29th,  1822.] 


FRANKLIN  BANK.  Jan.  29,  1822.  623 


CHAP.  XLII. 

An  Act  to  annex  Zebina  Kingsbury  and  his  estate,  to 
the  East  Parish  in  Medway. 

OE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  Zebina  Kingsbury,  of 
Medway,  in  the  County  of  Norfolk,  with  his  family 
and  estate,  be,  and  they  are  hereby  set  off  from  the 
West  Parish,  and  annexed  to  the  East  Parish  in 
Medway  aforesaid ;  providedi  that  the  said  Kingsbury 
shall  be  holden  to  pay  all  taxes  assessed  upon  him,  condition  of 
by  the  said  west  parish,  due  and  unpaid,  before  the '''**"'^^' 
passing  of  this  act. 

[Approved  by  the  Governor,  January  29th,  1822.] 


CHAP.  XLIII. 

An  Act  to  incorporate  the  Franklin  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  John   Leavett,   Ly- persons incorpo- 
man  Kendall,  Eliel  Gilbert,  Sylvester  Allen,  Rufus  "'"''• 
Stratton,  Jonathan  Nevers,  Franklin  Ripley,  Thomas 
W.  Ripley,  and  Job  Goodale,  their  associates,  suc- 
cessors, and  assigns,  shall  be,  and  hereby  are  created 
a  corporation,  by  the  name  of  the  Franklin  Bank;  and 
shall  so  continue,  from  the  passing  of  this  act,  until 
the  first  Monday  of  October,  which  will  be  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  thirty  Limitation  of 
one.  And  the  said  corporation  shall  always  be  subject '^''"^"' 
to  the  rules,  restrictions,  limitations,  taxes,  and  pro- 
visions, and  be  entitled  to  the  same  rights,  privileges, 
and  immunities,  which  are  contained  in  an  act,  enti- Le^siative  re- 
lied "an  act  to  incorporate  the  President,  Directors '^""""''" 


624 


FRANKLIN  BANK. 


Jan.  29,  1822. 


Capital  stock. 


Division  of 
Shares. 


Payment  of 
Shares. 


Dividends. 


Transfer  of 
Stock. 


May  hold  real  es- 
tate. 


Loans- 


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 :  Providedy 
however,  the  amount  of  bills  issued  from  said  bank, 
at  any  time,  shall  not  exceed  fifty  per  centum  of  the 
amount  of  their  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  hundred  thousand  dollars,  in  gold  and  silver,  to 
be,  beside  such  part  as  this  Commonwealth  may  sub- 
scribe, in  manner  hereafter  mentioned,  divided  into 
shares  of  one  hundred  dollars  each,  which  shall  be 
paid  in  two  equal  instalments;  the  first,  on  or  before 
the  first  Monday  of  September  next,  and  the  second 
on  the  first  Monday  of  September  thereafter,  or  at 
such  earlier  time  as  the  stockholders,  at  any  meeting, 
may  order.  And  no  stockholder  shall  be  allowed  to 
borrow  at  said  bank,  until  he  shall  have  paid  in  his 
full  proportion  of  the  whole  of  said  capital  stock  of 
one  hundred  thousand  dollars;  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,  siiall,  by 
a  majority  of  votes,  determine  the  mode  of  trans- 
ferring and  disposing  of  said  stock,  and  the  profits 
thereof;  which,  being  entered  in  the  books  of  said  cor- 
poration, shall  be  binding  on  the  stockholders,  their 
successors,  and  assigns,  until  they  shall  otherwise  de- 
termine. And  the  said  corporation  are  hereby  made 
capable  in  law,  to  have,  hold,  purchase,  receive,  pos- 
sess, enjoy,  and  retain,  to  them,  their  successors,  and 
assigns,  lands,  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  cor- 
poration, and  signed  by  the  President,  or  two  of  the 
Directors;  and  to  loan  and  negociate  their  monies  and 
effects,  by  discounting  on  banking  principles,  on  such 
security  as  they  shall  think  adviseable:  Provided, 
however,  that  nothing  herein  contained,  shall  restrain 
or  prevent  said  corporation  from  taking  and  holding 


FRANKLIN  BANK.  Jan.  29,  1822.  625 

real  estate  in  mortgage,  or  on  execution,  to  any  amount, 
as  security  for,  or  in  payment  of  any  debts,  due  to  the 
said  corporation:  And  provided,  further y  i\mt  no  mo- proviso, 
nies  shall  be  loaned,  or  discounts  made,  nor  shall  any 
bills  or  promissory  notes  be  issued  from  said  bank, 
until  the  capital  stock  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  and  kept  in  the  Town  of  Green- Location. 
field;  that  the  number  of  Directors  shall  be  five,  and 
three  shall  constitute  a  quorum  for  transacting  busi- 
ness. 

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  the 
shall  be  required,  not  exceeding  ten  per  centum  of  the^^*^*^' 
capital  stock  actually  paid  in,  at  any  one  time,  reim- 
bursable 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  proviso. 
five  per  centum :    Provided,  however,  that  the  Com- 
monwealth shall  never  stand  indebted  to  the  corpora- 
tion,  without  their   consent,   for   a   larger  sum  than 
twenty  per  centum  of  their  capital  actually  paid  in. 

Sec.  5.  Be  it  further  enacted,  That  the  persons 
herein  before  named,  or  any  three  of  them,  are  author- 
ized to  call  a  meeting  of  the  members  and  stockholders  First  Meetinfr.  ^ 
of  said  corporation,  as  soon  as  may  be,  at  Greenfield, 
by  advertising  the  same  for  one  week,  in  the  Franklin 
Herald,  for  the  purpose  of  making,  ordaining,  and 
establishing  such  by-laws,  ordinances,  and  regulations, 
as  the  stockholders  shall  deem  necessary,  and  for  the 
choice  of  the  first  Board  of  Directors,  and  such  other 
officers,  as  they  shall  see  fit  to  choose. 

Sec.  6.  Be  it  further  enacted,  That  the  Common- 
wealth shall  have  a  right,  whenever  the  Legislature 
shall  make  provision  therefor  by  law,  to  subscribe  on  state  may  shi,- 

,         n    ,1  ^.   »  1,1  ,  ..  scribe  to  Stock. 

account  oi  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 


626  FRANKLIN  BANK.  Jan.  29,  1822. 

management  thereof,  as  shall,  by  the  Legislature,  be 
made  and  established. 

Sec.  7.  Be  it  further  enacted,  That  whenever  the 

Commonwealth  shall  subscribe  to  the  capital  stock  of 

said  corporation,  in  manner  herein  before  provided 

state  may  a].-  for,  iu  addltiou  to  the  Directors,  by  law,  to  be  chosen 

f"on\,{  the%i-by  the  stockholders,  the  Legislature  shall  have  a  right, 

rectors.  j^.^^^  ^^^^  ^^  tiuic,  to  appolnt  a  number  of  Directors  to 

said  bank,  in  proportion   as  the  sum  paid  from  the 

Treasury  of  the   Commonwealth,  shall  bear  to  the 

whole  amount  of  stock   actually   paid  into   the  said 

bank,  if  at  any  time  hereafter,  they  shall  see  fit  to 

exercise  that  right. 

Sec.  8.   Be  it  further  enacted.  That  the  Cashier, 

before  he  enters  on  the  duties  of  his  office,  shall  give 

Cashier  to  give bond,  wlth  two  suFcties  to  the  satisfaction  of  the  Board 

bonds.  ^^  Directors,  in  a  sum  not  less  than  twenty  thousand 

dollars,  with  conditions  for  the  faithful  discharge  of 

the  duties  of  his  office. 

Sec.  9.  Be  it  further  enacted,  That  the  said  cor- 
state  Bank  Tax.  poration,  ft'om  aud  after  the  first  day  of  October  next, 
shall  pay,  by  way  of  tax,  to  the  Treasurer  of  this 
Commonwealth,  for  the  use  of  the  same,  within  ten 
days  after  the  first  Monday  of  April  and  October,  an- 
nually, the  half  of  one  per  centum  on  the  amount  of 
stock  which  shall  have  been  actually  paid  in. 

Sec.  10.  Be  it  further  enacted,  That  the  said  cor- 
poration shall  be  liable  to  pay  any  bona  fide  holder, 
the  original  amount  of  any  note  of  said  bank,  counter- 
feited, or  altered,  in  the  course  of  its  circulation,  to  a 
larger  amount,  notwithstanding  such  alteration.  And 
that  said  corporation  shall  not,  at  any  place  whatever, 
directly  or  indirectly,  purchase,  receive,  pay,  or  ex- 
shaii  not  trade  in  change,  auy  bill  or  note  of  said  bank,  or  of  any  other 
cxc  ange.  jj^nk,  iucorporated  within  this  Commonwealth,  for  any 
less  sum  than  the  nominal  value  expressed  in  such  bill 
or  note. 

[Approved  by  the  Governor,  January  29th,  1822.] 


MIDDLESEX  BANK.  Jan.  29,  1822.  627 


CHAP.  XLIV. 

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

Sec.  1.  J»E  it  enacted  by  the  Senate  and  House  of 
Meprespntatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Abiel  Heywood,  Isaac  persons  incoriio- 
Hurd,  Nathan  Barrett,  Francis  Jarvis,  Josiah  Davis,''' 
Joseph  Barrett,  John  Adams,   John   Keyes,   Nathan 
Brooks,  Daniel  Shattuck,  Samuel  Burr,  John  Abbot, 
Moses  Prichard,  Reuben  Brown,  Junior,  Joel  Adams, 
and  Isaac  Fiske,  their  associates,  successors  and  as- 
signs, shall  be,  and  hereby  are  created  a  corporation, 
by  the  name  of  the  President,  Directors  and  Company 
of  the  Middlesex  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  corporation  shall  always  be  sub- 
ject to  the  rules,  restrictions,  limitations,  taxes,  and  Restrictions  ami 
provisions,  and  be  entitled  to  the  samfe  rights,  privile-  '""'^"°°*' 
ges,  and   immunities,  which  are  contained  in  an  act, General powei:?. 
entitled  ^^an  act  to  incorporate  the  President,  Direc- 
tors and  Company  of  the  State  Bank;''  excepting  so 
far  as  the  same  are  modified  or  altered  by  this  act,  as 
fully  and  eflPectually,  as  if  the  several  sections  of  said 
act,  were  herein  specially  recited  and  enacted :  Pro- 
vided, however,  that  the  amount  of  bills  issued  fromprovisp. 
said  bank,  at  any  time,  shall  not  exceed  fifty  per  cen- 
tum 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  capital  stock, 
one  hundred  thousand  dollars,  in  gold  and  silver,  to 
be,  besides  such  part  as  this  Commonwealth  may  sub- 
scribe, in  manner  herein  after  mentioned,  divided  into 
shares  of  one  hundred  dollars  each,  which  shall  be 
paid  in  four  equal  instalments;  the  first,  on  or  before  Times  of  paying 
the  first  day  of  August  next;  the  second,  on  or  before'"""*^' 
the  first  day  of  October  next;  the  third,  on  or  before 
the  first  day  of  June,  eighteen  hundred  and  twenty 
82 


628  MIDDLESEX  BANK.  Jan.  29,  1822. 

three ;  the  fourth,  on  or  before  the  first  day  of  August, 
eighteen  hundred  and  twenty  three,  or  at  such  earlier 
time,  as  the  stockholders,  at  any  meeting  thereof,  may 
order.  And  no  such  stockholder  shall  be  allowed  to 
borrow  at  said  bank,  until  he  shall  have  paid  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  first  meeting,  shall,  by  a  majo- 
sfock.  mnj  be  Hty  of  votes,  determine  the  mode  of  transferring  and 
""'"'  disposing  of  said  stock,  and  the  profits  thereof;  which 

being  entered  on  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 
Slay  hold  real  cs- retain  to  them,  their  successors  and  assigns,  lands, 
^^'''  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  sign- 
ed by  the  President,  or  two  of  the  Directors,  and  to 
loan  and  negotiate  their  monies  and  effects,  by  dis- 
counting on  banking  principles,  on  such  security  as 
they  shall  think  advisable  :  Provided,  however,  that 
nothing  herein  contained,  shall  restrain  or  prevent 
Provisos.  said  corporation  from  taking  and  holding  real  estate, 
in  mortgage,  or  on  execution,  to  any  amount,  as  se- 
curity for,  or  in  payment  of,  any  debts  due  to  the  said 
corporation ;  and,  jprovided  further,  that  no  monies 
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  ex- 
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,  kept,  and  transact  their  business 
r.ocationofuie  at  Coucord ;  and  four  of  the  Directors  thereof,  at  least, 
shall  be  inhabitants  of  Concord. 

Sec.  4.  Be  it  further  enacted,  That  the  Board  of 
Directors  shall  consist  of  seven  persons. 


MIDDLESEX  BANK.  Jan,  1822.  629 

Sec.  5.  Be  it  further  enacted,  That,  whenever  the 
Legislature  shall  require  it,  the  said  corporation  shall 
loan  to  the  Commonwealth,  any  sum  of  money  which  state  loans, 
shall  be  required,  not  exceeding  ten  per  centum  of  the 
capital  stock  actually  paid  in,  at  any  one  time,  reim- 
bursable 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 
corporation,  without  their  consent,  for  a  larger  sum 
than  twenty  per  centum  of  their  capital  stock  actually 
paid  in. 

Sec.  6.  Be  it  further  enacted,  That  any-  three  of 
the  persons  before  named,  are  authorized  to  call  a 
meeting  of  the  members  and  stockholders  of  said  cor-  First  Meeting. 
poration  as  soon  as  may  be,  at  Concord,  by  advertising 
the  same  for  two  weeks,  at  two  public  places  in  said 
town,  and  in  any  newspaper  printed  in  the  town  of 
Boston,  for  the  purpose  of  making,  ordaining,  and  es- 
tablishing 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.  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  state  may  suii 
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,  sub- 
ject 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  this  act  to  be  chosen 
by  the  stockholders,  the  Legislature  shall  have  a  right,  state  Director. 
from  time  to  time,  to  ^point  a  number  of  Directors  of 
said  bank,  in  proportion  as  the  sum  paid  from  the 
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. 


630  BARRE  TURNPIKE  CORPO.         Feb.  5,  1822. 

8ec.  9.  Be  it  further  enacted,  That  the  Cashier, 
^bef(»re  he  enters  upon  the  duties  of  his  office,  shall 

Cashier  to  pre  givc  bond,  vvith  two  or  more  sureties,  to  the  satisfac- 
lion  of  the  Board  of  Directors,  in  a  sum  of  not  less 
than  twenty  thousand  dollars,  with  conditions  for  the 
faithful  discharge  of  his  office. 

Sec.  10.  Be  it  further  enacted,  That  the  said  cor- 
poration, from  and  after  the  first  day  of  October  next, 

^uwBaak  Tax.  shall  pay,  by  way  of  tax,  to  the  Treasurer  of  this 
Commonwealth,  for  the  use  of  the  same,  within  ten 
days  after  the  first  Monday  of  April  and  October,  an- 
nually, the  half  of  one  per  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- 
feited or  altered,  in  the  course  of  its  circulation,  to  a 
larger  amount,  uotwithstimding  such  alteration :  And 
that  the  said  corporation  shall  not,  at  any  place  what-. 

^haii  not  trade  ever,  dircctly  or  indirectly,  purchase,  receive,  pay,  or 

mexe  ange.  excliauge,  any  bill  or  note  of  said  bank,  or  of  any  other 
bank,  incorporated  within  this  Commonwealth,  for  any 
less  sum  than  the  nominal  value  expressed  in  such  bill 
or  note. 

[Approved  by  the  Governor,  January  29th,  1822.] 


CHAP.   XLV. 

An  Act  to  establish  the  Barre  Turnpike  Corporation. 

15  E  it  enacted  by  the  Senate  and  House  of 
Ilepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  Seth  Lee,  Ephraim 
Persons  ineorpo- Wilson,  Auson  Bates,  Nathanv^l  Houghton,  Samuel 
Lee,  and  Peter  Harwood,  together  with  such  others 
as  have  associated,  or  may  hereafter  associate  with 
them,  their  successors  and  assigns,  be,  and  hereby  are 
made  a  corporation,  by  the  name  of  the  Barre  Turn- 


MERRIMACK  MANU.  COMP.        Feh.  6,  1822.  631 

pike  Corporation,  for  the  purpose  of  making  a  turnpike 
road  from  the  Common^  near  the  meeting  house  in 
Barre;  thence  easterly,  in  the  best  course  to  Hub- 
bardston  line :  thence  through  the  southerly  part  of 
Hubbardston,  in  the  best  direction  to  Princeton  line; 
thence,  in  the  best  course,  through  part  of  Princeton,  Direction  of  a* 
and  through  the  land  of  David  Rice ;  and  thence 
through  land  of  Jason  Woodward,  to  a  road  crossing 
a  town  road,  and  to  a  road  leading  to  Edward  Good- 
enow's;  and  shall  have  the  right  to  erect  one  gate,  and 
receive  such  rates  of  toll  as  are,  or  may  be  [)rovided 
by  law,  for  one  whole  toll  turnpike  gate ;  and  shall 
have  all  the  powers  and  privileges,  and  shall  also  be  General  powers. 
subject  to  all  the  duties,  requirements,  and  penalties, 
prescribed  and  contained  in  an  act,  entitled  ^^an  act 
defining  the  general  powers  and  duties  of  turnpike  Legislative  re- 
corporations,"  and  the  several  acts  in  addition  thereto.  """""*'• 

[Approved  by  the  Governor,  February  5th,  1822.] 


CHAP.  XLVI. 

An  Act  to  incorporate  the  Merrimack  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  Kirk  Boott,  William  persons  incorpo- 
Appleton,  John  W.  Boott,  and  Ebenezer  Appleton,  '''^'"^* 
their  associates,  successors,  and  assigns,  be,  and  they 
hereby  are  made  a  corporation,  by  the  name  of  the 
Merrimack  Manufacturing  Company,  for  the  purpose 
of  manufacturing  and  printing  cotton  goods,  at  Chelms- 
ford, in  the  County  of  Middlesex;  and  for  this  purpose  General  powers. 
shall  have  all  the  powers  and  privileges,  and  be  sub- 
ject to  all  the  duties  and  requirements,  contained  in  an 
act,  passed  on  the  third  day  of  March,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  nine,  enti- 
tled ^«an  act  defining  the  general  powers  and  duties  of 
mauufacturing  corporations." 


Limitation  of 
Capital. 


632  EDGARTON  WHARF  COMP.        Feb.  6,  1822. 

Sec.  2.  Be  it  further  enacted,  That  the  capital 
stock  of  said  corporation,  shall  not  exceed  the  sum  of 
six  hundred  thousand  dollars;  and  they  may  be  law- 
fully seized  and  possessed  of  such  real  estate,  as  may 
be  necessary  and  convenient  for  the  purpose  aforesaid, 
not. exceeding  the  value  of  one  hundred  thousand  dol- 
lars, exclusive  of  buildings,  and  improvements  that, 
may  be  made  thereon,  by  the  said  corporation. 

Sec.  3.  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. 

[Approved  by  the  Grovernor,  February  6th,  1822.]  ' 


Personal  liabil- 
ity. 


CHAP.  XL VII. 


rated. 


An  Act  to  incorporate  the  Edgarton  Wharf  Company, 
in  the  Town  of  Edgarton,  in  the  County  of  Dukes' 
County. 

Sec.  1.  KE  2^  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
Persons  incorpo- #Ae  authority  of  the  same.  That  Thomas  Jernegan,  Ju- 
nior, and  Jeremiah  Pease,  of  Edgarton,  and  such  other 
persons  as  already  have,  or  may  hereafter,  associate 
with  them,  their  successors  and  assigns,  be,  and  here- 
by are  made  a  corporation,  by  the  name  of  the  Edgar- 
ton Wharf  Company,  for  the  purpose  of  erecting  a 
wharf,  upon  land  now  owned  by  Thomas  Jernegan, 
Junior  and  Jeremiah  Pease;  said  wharf  to  extend  from 
the  upland  towards  the  channel,  where  there  shall  be  a 
depth  of  water  equal  to  that  at  the  wharves  now  erect- 
ed in  said  Edgarton.  And  the  said  Thomas  Jernega,n, 
Junior  and  Jeremiah  Pease,  or  their  successors  and 
assigns,  may  make  such  improvement  upon  the  said 
land  and  wharf,  and  so  maintain  the  same,  as  shall  be 
deemed  expedient  to  promote  the  interest  of  said  cor- 


Bwtdaries. 


Improvements 
may  be  made. 


NAHANT  HOTEL,  IN  LYNN.       Feb.  6,  1822.  633 

poration,  consistently  with   the  public   convenience; 
'provided f  said  improvement  be  not  repugnant  to  theproTiso, 
constitution  and  laws  of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo- 
ration may  be  lawfully  seized  and  possessed  of  such 
real  estate,  not  exceeding  fifty  thousand  dollars,  and 
such  personal  estate,  not  exceeding  thirty  thousand  May  howreai 
dollars  in  value,  as  may  be  necessary  and  convenient  "*"'^^* 
for  conducting  the  business  of  the  company ;  and  shall 
have  all  the  powers  and  privileges,  and  be  subject  to 
all  the  duties,  requirements,  and  penalties,  contained  General  powers. 
in  the  act,  passed  on  the  third  day  of  March,  in  the 
year  of  our  Lord  eighteen  hundred  and  nine,  entitled 
<<an  act  defining  the  general  powers  and  duties  of 
manufacturing  corporations,"  and  of  the  several  acts 
in  addition  thereto. 

[Approved  by  the  Governor,  February  6th,  1822.] 


CHAP.  XLVIIL 

An  Act  to  incorporate  the  Proprietors   of  Nahant 
Hotel,  in  the  Town  of  Lynn. 

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  H.  Perkins  Persons  inconro 
and  William  Payne,  and  their  associates,  successors,  '"^''* 
and  assigns,  be,   and  they  hereby  are  constituted  a 
body  politic  and  corporate,  by  the  name  of  the  Pro- 
prietors of  Nahant  Hotel :  And  the  said  "corporation, 
by  the  same  name,  are  hereby  declared  and  made  ca- 
pable in  law,  to  sue  and  be  sued,  to  plead  and  be 
impleaded;  to  have  a  common  seal,  and  the  same  to  General  powers, 
alter  and  renew  at  pleasure ;  to  make  rules  and  by- 
laws for  the  regulation  and  management  of  the  estate 
herein  after  described,  consistent  with  the  laws  of  the 
Commonwealth;  and   generally,  to  do   and   execute 
whatever,  by  law^  shall  appertain  to  bodies  politic. 


634  NAHANT  HOTEL,  IN  LYNN.       Feb.  6,  1822. 

Sec.  2.  Be  itfurtJipr  enacted,  That  the  said  corpo- 
ration be,  and    hereby  is  declared  capable  to  have, 

MayhoidReai  liold,  and  posscss  certain  real  estate,  situate  at  Na- 
hant,  in  the  Town  of  Lynn,  consisting  of  about  twenty 
acres  of  land,  now  owned  by  said  Thomas  U.  Perkins 
and  others,  together  with  all  the  rights,  privileges,  and 
appurtenances  thereof;  provided^  the  lawful  proprie- 
tors thereof  shall  legally  convey  the  same  to  said  cor- 
poration ;  And  tlie  said  corporation  shall  have  power 
to  sell,  grant  and  alien,  in  fee  simple   or  otherwise, 

proTiso8.  their  corporate  property,  or  any  part  thereof,  within 
the  said  described  limits,  and  lease,  manage,  and  im- 
prove the  same,  according  to  the  will  and  pleasure  of 
the  said  corporation,  to  be  expressed  at  any  legal 
meeting:  Provided,  always,  and  it  is  hereby  well  un- 
derstood, that  nothing  herein  contained  shall  be  con- 
strued into  any  grant  or  confirmation  of  title  to  land, 
in  the  said  associates  or  corporation,  or  into  any  au- 
thority to  extend  the  dimensions  of  said  land,  beyond 
the  title  and  authority  which  the  present  proprietors 
thereof  now  have  and  possess  in  this  behalf:  Provi- 
ded, that  this  act  of  incorporation  shall  be  liable  to  be 
repealed,  whenever  the  Legislature  shall  deem  it  ex- 

Le^siativereser-pedient,  that  thc  corporatiou  hereby  created,  should 
be  abolished. 

Sec.  3.  Be  it  further  enacted^  That  the  said  corpo- 
rate property  shall  be  divided  into  shares,  not  exceed- 

corporate shares ing  thrcc  huudrcd  in  number,  as  the  said  corporation 
find  to  be  most  expedient;  and  said  shares  shall  be 
divided  among  the  several  proprietors,  according  to 
the  interest  and  portions  which  they  may,  respective- 
ly, have  in  said  corporate  property;  and  certificates  of 
such  shares  shall  be  signed  by  the  President  of  the 
corporation,  and  issued  to  the  proprietors  accordingly : 

Shares tiansfera- And  the  shares  in  said  corporation  shall  be  transfera- 
ble by  endorsement  on  the  back  of  said  certificate, 
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  corporation,  and 
new  certificates  shall  be  issued  accordingly;  and  such 
shares  shall,  in  all  respects,  be  considered  as  personal 
estate. 

Sec.  4,  Be  it  further  enacted^  That  the  said  corpo- 


NAHANT  HOTEL,  IN  LYNN.        Feb.  6,  1822.  635 

ration  shall  have  power,  fi-om  time  to  time,  to  assess  Assessments. 
such  sums  of  money  as  may  be  deemed  necessary,  for 
rebuilding  or  repairing  any  buildings  whatever,  or 
other  property  of  said  corporation,  or  for  the  improve- 
ment or  good  manageraent  of  the  corporate  estate, 
agreeably  to  the  true  intent  and  meaning  of  this  act. 
And  in  case  any  proprietor  shall  "refuse  or  neglect  to 
pay  any  assessment,  the  said  corporation  may  cause  shares  of  deiin- 
such  of  the  shares  of  such  proprietor,  as  may  lie  suffi-  ^o\l] 
cient  therefor,  to  be  sold  at  public  auction,  after  ten 
days  notice,  to  the  highest  bidder;  and  after  deduct- 
ing the  amount  assessed  and  unpaid,  together  with  the 
charges  of  sale,  the  surplus,  if  any,  shall  be  paid  over 
to  such  proprietor;  and  the  purchaser  of  such  share  or 
shares,  so  sold,  shfiU  be  entitled  to,  and  receive  a  cer- 
tificate of  the  share  or  shares,  by  him  purchased,  ac- 
cordingly. 

Sec.  5.  Be  it  further  enacted,  That  the  corporate 
property  which  the  said  corporation  shall  have  and 
hold,  at  one  time,  in  virtue  of  this  act,  shall  not  exceed 
in  value  the  sum  of  forty  thousand  dollars;  and  in  all  corporate  pro- 
meetings  of  the  members  of  said  corporation,  for  the^''"'^* 
transaction  of  business,  each  member  or  proprietor, 
shall  be  entitled  to  one  vote  for  every  share  by  him 
held  in  said  corporation;  j)rovided,  always,  that  no 
one  member  shall  ever  be  entitled  to  more  votes  than 
shall  be  equal  to  one  third  part  in  value  of  the  corpo-  proviso^ 
rate  property:  And  provided,  further,  thsit  no  assess- 
ment shall  be  made  at  any  meeting,  unless  the  same 
shall  be  agreed  to  by  two  thirds,  at  least,  in  number 
and  value  of  those  present  or  represented  at  such 
meeting;  nor  unless  public  notice  shall  have  been 
given,  at  least,  ten  days  previous  to  such  meeting,  of 
the  purpose  of  such  meeting,  by  publication  thereof 
in  one  or  more  newspapers  printed  in  Boston.  Pro- 
prietors may  appear  and  act  at  any  meeting,  by  proxy, 
in  writing. 

Sec.  6.  Be  it  further  enacted,  That  whenever  any 
action  shall  be  commenced  against  this  corporation,  or 
whenever  any  execution  may  issue  against  said  corpo- 
ration, on  any  judgment  rendered  in  any  civil  action, 
and  the  said  corporation  shall  not,  within  fourteen 
days  after  demand  thereof  made  upon  the  President, 
83 


636  TOWN  OF  CHARLESTOWN.         Feb.  6,  1822. 

Treasurer,  or  Clerk  of  said  corporation,  by  the  oflBccr 
to  whom  the  writ  or  execution,  against  said  corpora- 
tion, has  been  committed  to  be  served,  shew  to  the 
same  oflRcer,  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  de- 
fault, the  officer,  to  whom  such  writ  or  execution  may 
have  been  committed  for  service,  shall  serve  and  levy 
Personal  liabiu- the  Same  Writ  or  execution  upon  the  body  or  bodies, 
''■  and  real  and  personal  estate  or  estates,  of  any  member 

or  members  of  saitl  corporation. 

Sec.  7.  Be  it  further  enacted,  That  the  share  ov 
shares  of  each  and  every  member  of  said  corporation, 
Shares  liable  to  shall  bc  liable  to  attachment  on  mesne  process,  at  the 
uitac  mem.  ^^^.^  ^^  ^^^^  crcdltor,  aud  may  be  taken  on  execution, 
and  sold  according  to  law,  to  satisfy  any  judgment 
which  may  be  recovered  against  the  members  of  said 
corporation  respectively,  in  their  respective  private 
capacities,  in  like  manner  as  shares  in  other  corpora- 
tions within  this  Commonwealth,  are  liable  to  attach- 
ment and  seizure  on  execution;  and  the  proceeds  of 
sale  shall  be  applied,  as  in  such  cases  is  provided  by 
law,  concerning  shares  of  proprietors,  in  other  corpo- 
rations. 

Sec.  8.  Be  it  further  enacted^  That  either  of  them, 
First  Meeting,  thc  Said  Pcrkius  or  Payne,  may  call  a  meeting  of  said 
corporation,  by  advertising  the  same  in  any  of  thc 
newspapers  printed  in  Boston,  ten  days,  at  least,  be- 
fore the  time  of  meeting ;  and  that  the  said  corporation 
may,  at  such  or  any  other  meeting,  agree  on  the  mode 
Officers  of  the    of  callins;  other  meetins;s,  and  shall  elect  a  President 

Corporation.  ^  c5    -^ 

and  Clerk,  and  may  elect  all  such  other  officers,  as 
said  corporation  may  think  fit,  for  conducting  and  ma- 
naging the  corporate  affiiirs  and  estate,  and  the  same 
may  change  and  remove,  as  said  corporation  shall 
see  fit. 

[Approved  by  the  Grovernor,  February  6th,  1822.] 


TOWN  OF  CHARLESTOWN.        Feh.  6,  1822.  637 


CHAP.  XLIX. 

An  Act  in  addition  to  an  Act,  entitled  "An  Act  for  the 
better  security  of  the  Town  of  Charlestown  against 
Fire." 

Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Representatives^  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  all  public  buildings  to 
be  erected  or  built  after  the  passing  of  this  act,  on  the 
peninsula  of  the  Town  of  Charlestown,  divided  from 
the  main  land,  by  a  line,  beginning  at  the  Mill  Pond, 
where  the  Middlesex  Canal  empties  into  it,  thence  by 
the  easterly  margin  of  said  canal,  to  the  southerly 
corner  of  the  bridge  over  the  same,  at  the  county  road; 
thence  by  a  line  drawn  from  the  southerly  corner  of 
said  bridge,  north-north  east,  to  Mistic  River,  sJiall 
have  their  roofs  slated,  and  the  external  sides  and  Roofstobesiar 
ends  made  of  brick  or  stone,  except  so  much  as  may*'' " 
be  necessary  for  doors  and  windows.  And  all  build- 
ings more  than  sixteen  feet  high,  from  the  under  part 
of  the  sill  to  the  highest  part  of  the  roof,  and  not  of 
brick  or  stone,  to  be  erected  on  said  peninsula,  shall 
be  built  as  folloAvs,  viz.:  If  the  end  of  such  building 
stand  to  the  street,  the  back,  except  convenient  win- 
dows and  doors,  shall  be  built  of  brick  or  stone,  with 
a  battlement  at  least  one  and  an  half  feet  above  the 
highest  part  of  the  roof;  if  the  front  stand  to  the  street, 
the  ends,  except  convenient  windows  and  doors,  shall  Description  of 
be  built  of  brick  or  stone,  and  shall  rise  in  battlements  ^"'''^"'^'* 
at  least  three  feet  above  the  roof:  xlnd  all  buildings 
shall  be  considered  as  standing  on  the  street,  within 
the  intent  of  this  act,  which  shall  be  built  within  fifty 
feet  thereof.  And  if  the  building  do  not  stand  on  any 
street,  then  the  manner  of  building  the  brick  or  stone 
part  of  such  building,  shall  be,  in  every  case,  deter- 
mined by  the  Selectmen  of  said  town,  to  whom  the 
person  or  persons  intending  to  build,  shall  apply  for 
that  purpose.  And  all  such  sides  and  ends  of  build- 
ings, whether  of  brick  or  stone,  shall  be  at  least  twelve  Partition waiis. 
inches  thick,  in  the  lower  story,  and  eight  inches  thick, 


638  TOWN  OF  CHARLESTOWN.        Feb,  6,  1822. 

above  the  lower  story.     And  all  double  bouses,  viz. : 
AVIieic  two  bouses  join  together,  of  whatever  height 

Restrictions  in   or  dimensious,  shall  have  a  partition  wall  of  brick  or 

baiidmgr.  stone,  at  least  twelve  inches  thick,  rising  in  battle- 
ments, not  less  than  three  feet  above  the  roof.  And 
every  house  shall  be  provided  with  a  safe  railing  on 
its  roof,  and  with  a  scuttle  through  the  roof,  having  a 
conveyance  to  and  through  it.  And  the  making  of 
additions  to  buildings,  and  the  removing  of  buildings, 
shall  be  considered  to  be  the  erecting  of  new  build- 
ings, within  the  intent  of  this  act. 

Sec.  2.  Be  it  fui'ther  enacted,  That  all  buildings 
not  of  brick  or  stone,  to  be  erected  on  the  peninsula 
aforesaid,  not  exceeding  sixteen  feet,  from  the  under 
part  of  the  sill  to  the  highest  part  of  the  roof,  shall  be 
built  in  the  following  manner,  viz.:  The  posts  of  such 
building  or  buildings  shall  not  exceed  ten  feet  in  height, 
measuring  from  the  bottom  of  the  sill  to  the  top  of  the 
plate,  and  the  pitch  of  the  roof  or  roofs  thereof,  shall 
not  exceed  one  third  pitch ;  such  roof  or  roofs  to  be  of 
a  regular  slope,  from  the  plate  to  the  top  thereof,  and 
no  windows  siiall  be  made  in  such  roofs.  And  no  such 
wooden  building  shall  cover  more  than  eight  hun- 
dred square  feet  of  ground ;  and  the  distance  from  the 
natural  surface  of  the  ground,  to  the  bottom  of  the  sill, 

Proviso.  shall  not  exceed  one  foot:  Provided,  nevertheless,  that 

when  any  such  wooden  building  shall  be  erected  on 
the  side  of  a  hill,  it  shall  be  lawful  to  erect  a  base- 
ment story  of  brick  or  stone,  except  convenient  doors 
and  windows ;  such  basement  story  not  to  exceed  nine 
feet  in  height,  from  the  natural  surface  of  the  ground 
on  the  lower  side,  and  not  exceeding  one  foot  above 
the  natural  surface  of  the  ground  en  the  upper  side: 
Provided,  also,  that  upon  any  wharf,  marsh,  or  other 
place,  where  foundations  of  brick  or  stone  would  be 
very  expensive,  such  wooden  buildings  may  be  erect- 
ed, as  the  Selectmen  in  each  particular  case,  shall  in 
writing,  permit.  But  the  external  sides  and  ends  of 
such  buildings,  shall  be  covered  with  some  incombus- 
tible conf^iosition,  if  such  buildings  be  more  than  six- 
teen feet  in  height. 

Sec.  3.    Be  it  further  enacted.  That  the  external 

sulks.  sides  and  ends  of  all  stables  to  be  erected  on  said  pe- 


OLD  COLONY  MANU.  CO.  Feb.  6,  1822.  639 

ninsiila,  for  public  accommodation,  shall  be  built  of 
brick  or  stone,  except  convenient  doors  and  windows ; 
and  no  wo(»den  building  already  erected,  and  not  now 
used  for  that  purpose,  shall  ever  hereafter,  be  so  oc- 
cupied. 

Sec.  4.  Be  it  further  enacted,  That  the  first  section 
of  an  act,  entitled  ^<  an  act  for  the  better  security  of  the 
Town  of  Charlestown  against  fire,''  to  which  this  is  in 
addition,  is  hereby  repealed:  Provided,  that  all  ojffen- Prorisionary  re- 
ces,  except  those  of  removing  or  adding  to  buildings,  act. 
committed  contrary  to  the  provisions  of  said  first  sec- 
tion, before  the  repeal  thereof,  shall  and  may  be  pro- 
secuted, and  be  liable  in  the  same  manner,  as  if  said 
first  section  had  not  been  repealed.  And  all  violations 
of  this  act  shall  be  prosecuted  in  like  manner  and 
subject  to  the  same  penalties,  as  are  provided  in  the 
second  and  third  sections  of  the  act,  to  which  this  is 
in  tiddition.  xlnd  it  shall  be  the  duty  of  the  Clerk  of 
the  market,  or  acting  Police  Ofiicer  of  said  town,  or 
such  other  person  as  the  Selectmen  may  appoint,  to 
inquire  after  and  give  information  to  the  Attorney  or 
Solicitor  General,  of  all  offences  which  may  be  com- 
mitted contrary  to  the  intent  of  this  act. 

[Approved  by  the  Governor,  February  5th,  1822.] 


CHAP.  L. 

An  Act  to  incorporate  the  Old  Colony  Manufacturing 
Company. 

Sec.  1.  OE  z#  enacted  by  the  Senate  and  House  of 
Mepresentatives.,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  T\mi  Thomas  Hobart,  Dan- Persons  incorpo- 
iel  Mitchell.  Theodore  Mitchell,  Caleb  F.  Leonard,  '"'"• 
and  John  Goulding,  with  such  others  as  have  already 
associated,  or  may  hereafter  associate  with  them,  their 
successors  and  assigns,  be,  and  they  hereby  are  made 
a  corporation,  by  the  name  of  the  Old  Colony  Mauu- 


640 


JUSTICES  OF  COURT  OF  SES.     Feh.  6,  1822. 


May  hold  Real 
Kstat«. 


facturing  Company,  for  the  purpose  of  manufacturing 
iron,  and  cotton  and  woolen  goods,  in  the  Town  of 
Halifax,  in  the  County  of  Plymouth;  and  for  that 
purpose  shall  have  all  the  powers  and  privileges,  and 

General  powers.be  subject  to  all  the  duties  and  requirements,  contain- 
ed in  an  act,  entitled  "an  act  defining  the  general 
powers  and  duties  of  manufacturing  corporations,"  pas- 
sed the  third  day  of  Marcli,  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  nine,  and  the  several 
acts  in  addition  thereto. 

Sec.  2.  Be  it  further  enacted,  That  said  corpora- 
tion may  be  lawfully  seized  and  possessed  of  such 
real  estate,  not  exceeding  in  value  one  hundred  thou- 
sand dollars,  and  such  personal  estate,  not  exceeding 
in  value  two  hundred  thousand  dollars,  as  may  be  ne- 
cessary and  convenient  for  carrying  on, the  manufac- 
tures aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  the  persons 
herein  before  named,  or  any  three  of  them,  are  hereby 

First  Meeting,  authorlzed  and  empowered  to  call  the  first  meeting  of 
the  members  of  said  corporation,  at  such  time  and 
place,  as  they  may  see  fit  to  appoint,  by  advertising 
the  same  in  any  newspaper  printed  in  the  Town  of 
Boston,  for  the  purpose  of  making,  ordaining,  and 

By-Laws.  establishing  such  by-laws  and  regulations,  for  the  or- 
derly conducting  the  affairs  of  said  corporation,  as  the 
said  members  shall  deem  necessary,  and  for  the  choice 
of  all  such  oflBcers,  as  they  may  see  fit  to  choose. 

[Approved  by  the  Governor,  February  6th,  1822.] 


CHAP.  LI. 


An  Act   increasins:  the  numbers   and 


extending 


the 


powers  of  Justices  of  the  Courts  of  Sessions. 


Sec.  1.  JjE  it  enacted  hy  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  hy 
the  authority  of  the  same,  That  there  shall  be  appoint- 


JUSTICES  OF  COURT  OF  SES.     Feb.  6,  1822.  641 

ed  by  the  Governor,  with  the  advice  and  consent  of  Appointment  of 
Council,  two  Special  Justices  for  every  Court  of  Ses- 
sions established  in  this  Commonwealth,  by  an  act, 
entitled  "an  act  to  establish  Courts  of  Sessions,"  pass- 
ed on  the  twentieth  day  of  February,  in  the  year  of 
our  Lord  one  thousand  eight  hundred  and  nineteen,  to 
act  as  Justices  of  said  Courts,  whenever  the  Standing 
Justices  thereof,  from  any  cause,  shall  be  unable  to 
hear  ajid  determine  any  matter  or  thing  pending  be- 
fore them. 

Sec.  2.  Be  it  further  enacted^  That  whenever  the 
Standing  Justices  of  the  Courts  of  Sessions  aforesaid, 
shall  be  unable  to  hear  and  determine  any  matter  or 
thing  before  them,  the  cause  shall  be  assigned  on  the 
record,  and  a  summons  shall  issue  from  the  Court, 
or  any  Justice  thereof,  requiring  one  or  both  of  thespeciaUnstices. 
said  Special  Justices,  as  the  necessity  of  the  case  may 
require,  to  attend  as  members  of  the  Court  of  Ses- 
sions, at  the  time  and  place  therein  set  forth :  Pro- 
vided, that  in  all  cases,  where  the  attendance  of  one 
only  of  the  said  Special  Justices  shall  be  necessary, 
the  selection  shall  be  made  by  lot,  by  the  Sheritf, 
either  of  his  Deputies,  or  any  Coroner  of  the  county, 
assisted  by  the  Clerk  of  the  Sessions. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Spe- 
cial Justices  shall  have  the  same  power  and  the  same 
pay,  as  the  Standing  Justices  of  the  Sessions,  so  longpowei  of  jt.sii- 
as  it  shall  be  necessary  for  them  to  attend  and  offici-  '^'' 
ate  with  the  Court;  but  they  are  at  no  time  to  attend 
and  officiate  with  the  Court,  on  any  matters  and  things, 
which  the  Standing  Justices  thereof,  are  able  to  deter- 
mine without  them. 

Sec.  4.  Be  it  further  enacted,  That  all  the  power, 
authority  and  discretion,  which  is  now  vested  in  the 
Courts  of  Common  Pleas  for  this  Commonwealth,  in 
virtue  of  the  third  section  of  the  act,  entitled  "an  act 
relating  to  the  punishment  of  convicts,  who  may  be  Extension  <.* 
sentenced  to  solitary  imprisonment  and  confined  to''""^'^' 
hard  labor,"  be,  and  the  same  is  hereby  vested  in, 
and  transferred  to  the  aforesaid  Courts  of  Sessions. 

[Approved  by  the  Grovernor,  February  6th,  1822.] 


642  MIDDLESEX  MANU.  CO.  Feb.  6,  1822. 


CHAP.  Ln. 

An  Act  respectiug  the  Courts  of  Probate  in  the  County 
of  M  orfolk. 

Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Bepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  from  and  after  the  first 
day  of  April  next,  there  shall  be  four  terms  of  the 
Court  of  Probate  holden  in  the  First  Parish  in  Wren- 
piobateMeet-  tham,  lu  the  County  of  Norfolk,  in  each  year  succes- 
"'^*  sively,  at  such   times   and  places,   as   the  Judge  of 

Probate  for  said  county,  or  his   successor  in  office, 
shall  appoint. 

Sec.  2.  Be  it  further  enacted,  That  all  such  parts 
of  any  acts  heretofore  passed,  as  relate  to  the  holding 
Repeal  of  foiraei  Courts  of  Probatc  in  the  Town  of  AVrentham  afore- 
said, be,  and  the  same  are  hereby  repealed. 

[Approved  by  the  Grovernor,  February  6th,  1822.] 


CHAP.  LIII. 

An  Act  to  incorporate  the  Middlesex  Manufacturing 
Company. 

Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Represeiitatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  Thomas  Hurd,  Setli 
Persons  incorpo-Kuowles,  Joseph  Hurd,  John  Skinner,  and  William 
Hurd,  their  associates,  successors  and  assigns  be,  and 
they  are  hereby  incorporated,  by  the  name  of  the 
Middlesex  Manufacturing  Company,  for  the  purpose 
of  making  woollen  and  cotton  cloth,  at  Chelmsford,  in 
the  County  of  Middlesex;  and  for  the  purpose  afore- 
said, they  shall  have  all  the  powers  and  privileges, 
and  be  subject  to  all  the  duties  and  requirements  con- 


PROBATE  COURTS.  Feb.  7,  1822.  643 

tained  in  an  act,  passed  on  the  third  day  of  March,  in 

the  year  of  our  Lord  one  thousand  eight  hundred  and 

nine,  entitled  ''^an  act  defining  the  general  powers  and  General  powers. 

duties  of  manufacturing  corporations,"  and  the  several 

acts  in  addition  thereto. 

Sec.  2.  Be  it  further  enacted,  That  the  capital 
stock  of  said  corporation,  shall  not  exceed  three  hun- 
dred thousand  dollars;  but  they  may  lawfully  be 
seized  of  real  estate,  not  exceeding  in  value,  thirty  capital  stock. 
thousand  dollars,  exclusive  of  buildings  and  improve- 
ments for  the  necessary  and  convenient  purposes  of 
said  manufactory. 

[Approved  by  the  Governor,  February  6th,  1822.] 


CHAP.  LIV. 

An  Act  in  addition  to  an  Act,  entitled  ^"^An  Act  de- 
termining the  places  for  holding  the  Courts  of  Pro- 
bate, and  the  town  in  which  the  Register  of  Probate 
shall  keep  his  Office,  within  and  for  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  pas- 
sing of  this  act,  there  will  be  holden  within  and  for 
the  County  of  Franklin,  in  each  year,  a  Court  of  Pro- 
bate at  the  places  hereafter  mentioned,  viz.:  at  Green- probate  Meet- 
field  six  times,  instead  of  eight  times,  as  now  provided  '"^'" 
by  law;  and  at  Warwick  twice,  at  surh  times  and 
places  in  said  tow^ns,  as  the  Judge  of  Probate  for  the 
same  county,  shall  appoint  and  direct. 

[Approved  by  the  Governor,  February  7th,  1822.] 


84 


644  GOODELL  MANUFAC.  CO.  Feb.  7,  1822. 


CHAP.  LV. 

An  Act  ill  addition  to  an  Act,  entitled  ^^Aii  Act  te 
ascertain  the  quality  of  Pot  and  Pearl  Ashes,  and 
for  the  more  effectual  inspection  of  the  same." 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives^  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  whenever  any  pot  or 
pearl  ashes,  shall  have  been  imported  into  this  Com- 
monwealth, from  any  of  the  United  States,  in  which 
laws  exist  providing  for  the  inspection  of  the  same,  in 
the  manner  prescribed  by  the  law,  entitled  "  an  act  to 
Imported  Ashes  ascertain  the  quality  of  pot  and  pearl  ashes,  and  for 
wfthoutbeilig^rVthe  more  effectual  inspection  of  the  same,"  may,  from 
inspected.  ^^^  aftci*  the  passiiig  of  this  act,  be  exported  without 
having  been  reinspected  in  this  Commonwealth,  any 
thing  in  said  act  to  the  contrary,  notwithstanding: 
Provided^  however,  that  the  said  pot  and  pearl  ashes 
shall  be  accompanied  by  a  certificate  of  inspection, 
signed  by  an  Inspector,  duly  appointed  under  the  au- 
thority of  the  State  from  whence  they  shall  be  import- 
ed, describing  the  quality  and  weight  of  the  same;  and 
provided,  also,  that  the  casks  containing  the  pot  and 
pearl  ashes  so  imported,  shall  be  branded  with  the 
name  of  the  State,  from  which  the  same  shall  have 
been  imported,  and  in  all  respects  made  comformably 
to  law. 


CHAP.  LVL 

An   Act  to   incorporate  the  Goodell  Manufacturing 
Company. 

Sec.  1.  JdE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  John  Goodell,  Asa 


BOSTON  RIDING  SCHOOL.  Feb.  1,  1822.  645 

Goodell,  Asa  Goodell.  .Junior,  Orra  Goodell,  and  Jonas  persons  incorpo. 
B.  Brown,  together  with  such  others  as  now  have  as-"*'^ ' 
sociated,  or  may  hereafter  associate  with  them,   their 
successors  and  assigns,  be,  and  they  are  hereby  made  a 
corporation,  by  the  name  of  the  Goodell  Manufacturing 
Company,  for  the  purpose  of  manufacturing  woolen  and 
cotton  yarn  and  cloth,  in  the  Town  of  Millbury,  in 
the  County  of  Worcester;  and  for  this  purpose  shall 
have  all  the  powers  and  privileges,  and  shall  be  sub- 
ject to  all  the  duties  and  requirements,  prescribed  and  General  powers. 
contained  in  an  act,  passed  on  the  third  day  of  March, 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  nine,  entitled  ^'an  act  defining  the  general  powers 
and  duties   of  manufacturing  corporations,"  and   the 
several  acts  in  addition  thereto. 

Sec.  2.  Be  it  further  enacted^  That  the  said  Good- 
ell Manufacturing  Company,  in  their  corporate  capa-  May  hold  reai 
city,  may  lawfully  hold  and  possess  such   real  and  tate.^^"""" 
personal  estate,  as  may  be  necessary  and  convenient 
for  carrying  on  the  said  manufactures ;  provided,  that 
the  value  of  such  real  estate  shall  not  exceed  the  sum 
of  fifty  thousand  dollars,  and  the  value  of  such  perso- Limitation  of  the 
nal  estate  shall  not  exceed  the  sum  of  one  hundred 
and  fifty  thousand  dollars. 

[Approved  by  the  Governor,  February  7th,  1822.] 


CHAP.  LVIl. 

An  Act  to  incorporate  the  Proprietors  of  the  Riding 
School,  in  Boston. 

Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  William  Sullivan,  persons 
Moses  Wheeler,  Henry  Gassett,  Patrick  T.  Jackson,'''''*'" 
Thomas  Williams,  John  C.  Warren,  James  Jackson, 
Theodore  Lyman,  Junior,  with  their  associates,  suc- 
cessors and  assigns,  shall  be,  and  they  hereby  are 


incorpo- 


646  MERRIMACK  ACADEMY.  Feb.  1,  1822. 

made  a  corporation,  by  the  name-  of  the  Proprietors  of 
the   Riding  School;  and   by   that  name,   are  hereby 

General  powers,  made  Capable  in  law,  to  sue  and  be  sued,  to  plead 
and  be  impleaded,  defend  and  be  defended,  in  any 
Court  of  Record,  or  any  other  place  whatsoever;  andj 
also,  to  make  and  use  a  common  seal,  and  the  same  to 
alter  and  renew  at  pleasure;  and,  also,  to  appoint  a 
Treasurer  and  Clerk,  with  such  other  officers  as  they 
may  think  expedient;  and,  also,  to  establish  and  put 

By-Laws.  into  cxccution,  such  by-laws  and  regulations  as  to 
them  shall  appear  necessary  and  convenient,  for  the 
government  of  said  corporation,  and  the  prudent  man- 
agement of  their  affairs ;  provided^  the  same  be  not  re- 
pugnant to  the  laws  of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted,  That  said  corpora- 
tion  are   hereby   made  capable,  in  law,  to  hold  and 

May  hold  Real  possess,  for  the  purposes  aforesaid,  real  estate  to  the 
amount  of  fifteen  thousand  dollars,  and  personal  estate 
to  the  amount  of  five  thousand  dollars;  and  shall  have 
all  the  powers  and  privileges,  and  be  subject  to  all  the 
duties,  and  requirements  and  penalties,  containeel  in 
the  act  passed  on  the  third  day  of  March,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  nine, 
entitled  ^^an  act  defining  the  general  powers  and  du- 
ties of  manufacturing  corporations,"  and  the  several 
acts  in   addition  thereto.     The  present  act  shall  be 

Legislative  ve-  liable  to  a  repeal,  whenever  the  Legislature  may  deem 
it  expedient  that  the  corporation  should  be  abolished. 

[Approved  by  the  Governor,  February  7th,  1822.] 


strictions. 


CHAP.  LVIII. 

An  Act  to  establish  the  Merrimack  Academy. 

Sec.  1.  OE  if  enacted  hy  the  Senate  and  House  of 
Mpprespntatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  there  be,  and  hereby 
is  established  in  the  East  Parish  of  Bradford,  in  the 


MERRIMACK  ACADEMY.  Feb,  7,  1822.  647 

County  of  Essex,  an  academy,  by  the  name  of  Mer-  Name  and  tmo. 
rimack  Academy,  for  the  purpose  of  promoting  piety,         ^ 
religion  and  morality,  and  for  the  education  of  youth 
of  both  sexes,  in  such  languages  and  in  such  of  the 
liberal  arts  and  sciences,  as  the  Trustees  hereinafter 
named,  shall  direct. 

Sec.  2.  Be  it  further  enacted^  That  the  Reverend 
Gardner  B.  Perry,  Benjamin  Parker,  M.  D.,  Moses 
Parker,  Esquire,  William  Greenough,  Jeremiah  Spof- 
fard,  M.  M.  S.,  Ebenezer  Rollins,  Esquire,  Captain  Trustees. 
George  Savory,  Captain  Samuel  Tenney  and  Phineas 
Parker,  Esquire,  be,  and  they  are  hereby  nominated 
and  appointed  Trustees  of  tbe  said  academy;  and  they 
are  hereby  incorporated  into  a  body  politic,  by  the 
name  of  the  Trustees  of  Merrimack  Academy,  in  the 
County  of  Essex ;  and  they  and  their  successors  shall 
be,  and  continue  a  body  politic  and  corporate,  by  the 
same  name,  forever.  And  the  said  Trustees  shall 
have  and  keep  a  common  seal,  which  they  may  break, 
alter,  or  renew,  w  henever  they  may  find  it  necessary  General  powers. 
or  convenient ;  and  that  all  deeds  signed,  and  sealed 
with  such  seal,  and  delivered  and  acknowledged  by  the 
Secretary  of  the  said  corporation^,  by  order  of  the  Trus- 
tees, shall  be  good  and  valid  in  law;  and  that  the  said 
Trustees  may  sue  and  be  sued  in  all  actions,  real,  per-  May  sue  and  ire 
sonal  and  mixed,  and  prosecute  and  defend  the  same/"""*' 
to  final  judgment  and  execution,  by  the  name  of  the 
Trustees  of  Merrimack  Academy.  And  the  number 
of  Trustees  shall  never  exceed  twelve,  nor  be  less 
than  nine,  and  five  shall  constitute  a  quorum  for  doing 
business. 

Sec.  3.  Be  it  further  enacted^  That  the  Trustees 
aforesaid,  and  their  successors,  be,  and  they  hereby 
are  rendered  capable  in  law,  to  take  and  hold  by  gift, 
grant  or  devise,  bequest  or  otherwise,  any  lands,  tene- 
ments, or  other  estate,  real  or  personal,  which  hereto-  Mav  hoia  reai 
fore  may  have  been  given  or  subscribed,  or  which  may  me.''" '°"^'  ''^' 
hereafter  be  given  or  subscribed,  for  the  purpose  afore- 
said; /^roiJic^ec?,  the   annual  income   thereof  shall  not  Proviso. 
exceed  the  sum  of  six   thousand  dollars ;  and  they 
may  sell  and  dispose  of  the  same,  and  apply  the  rents, 
issues  and  profits  thereof  in  such  manner  as   the  end 
and  design  of  the  said  institution;  in  their  discretion, 
may  require. 


648 


METHUEN  COMPANY. 


Feb.  1,  1822. 


Sec.  4.  Be  it  further  enacted,  That  the  said  Trus- 
tees shall  have  power,  from  time  to  time,  to  elect  such 

Election  of  offi-  officers  of  the  said  academy  as  they  shall  judge  neces- 
sary, and  to  fix  the  tenures  of  their  respective  offices, 

Removal  of  offi- to  removc  any  Trustee  from  the  corporation,  when,  in 
their  opinion,  he  shall  be  incapable,  by  reason  of  age 
or  other  incapacity,  of  discharging  the  duties  of  his 
office ;  to  fill  all  vacancies  in  the  said  corporation ;  to 
determine  the  time  and  place  of  the  meetings  of  said 
corporation,  the  manner  of  notifying  and  the  method 
of  electing  and  removing  Trustees  ;  to  elect  and  pre- 
scribe the  powers  and  duties  of  the  officers  of  the  said 
corporation ;  and  also  to  prescribe  the  powers  and 
duties  of  the  Preceptors,  Preceptresses,  Teachers,  and 
all  other  officers  of  the  academy ;  and  to  make  and 
ordain  reasonable  rules,  orders  and  by-laws,  not  re- 
pugnant to  the  laws  of  this  Commonwealth,  with  rea- 
sonable penalties,  for  the  good  government  of  the  said 
academy. 

Sec.  5.  Be  it  farther  enacted,  That  the  Reverend 
Gardner  B.  Perry  be,  and  he  is  hereby  authorized  to 
fix  the  time  and  place  for  holding  the  first  meeting  of 
the  said  Trustees,  and  to  notify  them  thereof. 

Sec.  6.  Be  it  further  enacted,  That  the  aforesaid 
corporation  shall  always  be  subject  to  the  Legislature 
of  this  Commonwealth,  to  inquire  into,  and  control  its 
proceedings. 

[Approved  by  the  Grovernor,  February  7th,  1822.] 


Rules  and  Or- 
ders. 


First  Meeting. 


Legislative  re^ 
strictions. 


CHAP.  LIX. 


An  Act  to  incorporate  the  Methuen  Company. 


Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
MepresentativeSf  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Hall  J.  How,  James 
Persons  incorpo  Means,  and  David  Henshaw,  together  with  such  oth- 
ers as  may  hereafter  associate  with  them,  and  their 


MOUNT  HOPE  MANU.  CO.  Feb.  8,  1822.  649 

successors,  be,  and  they  are  hereby  made  a  corpora- 
tion, by  the  name  of  the  Methuen  Company,  for  the 
purpose  of  erecting,  maintaining,  and  carrying  on  mills 
and  manufactories,  and  for  the  purposes  of  manufac- 
turing cotton,  wool  and  flax,  in  the  Town  of  Methuen, 
in  the  County  of  Essex ;  and  for  that  purpose,  shall  General  powers. 
have  all  the  powers  and  privileges,  and  be  subject  to 
all  the  duties  and  requirements,  contained  in  an  act 
passed  on  the  third  day  of  March,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  nine,  entitled 
^^an  act  defining  the  general  powers  and  duties  of 
manufacturing  corporations;,"  and  the  several  acts  in 
addition  thereto. 

Sec.  2.  Be  it  further  enacted,  That  said  corpora- 
tion may  be  lawfully  seized  and  possessed  of  such 
real  estate,  not  exceeding  the  value  of  fifty  thousand  May  hoid  real 
dollars,  and  such  personal  estate,  not  exceeding  the^"''*^* 
value  of  three  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  carrying  into  effect  the 
object,  purpose,  and  business  of  said  corporation,  in 
said  Town  of  Methuen. 

Sec.  3.  Be  it  further  enacted.  That  either  of  the 
persons  named  in  this  act  of  incorporation,  may  call 
the  first  meeting  of  the  corporation,  by  giving  notice  of  Fust  Meeting 
the  time  and  place  of  meeting,  in  some  public  newspa- 
per, printed  in  the  Town  of  Boston,  at  least  fourteen 
days  before  the  time  of  meeting. 

[Approved  by  the  Governor,  February  7th,  1822.] 


CHAP.  LX. 

An  Act  to  incorporate  the  Mount  Hope  Manufactur- 
ing Company. 

Sec.  1.  OE  2#  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  James  D'Wolf,  Free- per.on,  incorpo 
born  Sisson,  James  Maxwell,  John  T.  Child,  Oliver  '*"''' 


650  POCASSET  MANUFAO.  CO.  Feh.  8,  1822, 

Clmre.  Nathaniel  Wheeler  and  Levi  D'Wolf,  tos^ether 
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  the 
Mount  Hope  Manufacturing  Company,  for  the  purpose 
of  manufacturing  cotton  and  woolen  goods,  on  Three 
Mile  River,  partly  in  the  Town  of  Taunton  and  part- 
ly in  the  Town  of  Wellington,  in  the  County  of  Bris- 
tol ;  and  for  the  purpose  aforesaid,  shall  have  all  the 

General  powers.  poweTs  aud  privilcgcs,  aud  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  manufacturing  corpora- 
tions," and  the  several  acts  in  addition  thereto. 

Sec.  2.  Bp  it  further  enacted,.  That  the  said  corpo- 
ration may  be  lawfully  seized  and  possessed  of  such 

May  hold  person- real  estatc,  not  exceeding  fifty  thousand  dollars  in  va- 
lue, and  of  such  personal  estate,  not  exceeding  one 
hundred  thousand  dollars  in  value,  as  may  be  neces- 
sary and  convenient  for  carrying  on  the  manufacture 
aforesaid. 

[Approved  by  the  Grovernor,  February  8th,  1822.] 


al  estate. 


CHAP.  LXl. 

An  Act  to  establish  the  Pocasset  Manufacturing 
Company. 

Sec.  1.  IJE  it  enacted  hy  the  Senate  and  House  of 
Mepresentatives,  in  General  Court  assembled,  and  hy 
the  authority  of  the  same,  That  Oliver  Chase,  Abra- 
personsincorpo-ham  Boweu,  Edward  Bennet,  and  Nathaniel  B.  Bor- 
den, and  their  associates,  together  with  such  others  as 
may  hereafter  associate  with  them,  their  successors 
and  assigns,  be,  and  they  are  hereby  made  a  corpo- 
ration, by  the  name  of  the  Pocasset  Manufacturing 
Company,  for  the  purpose  of  manufacturing  iron,  cot- 


FISH  IN  BEAVER  BROOK.  Feb.  8,  1822.  651 

ton,  aud  woolen  cloth,  in  the  Town  of  Troy,  in  the 
County  of  Bristol ;  and  for  this  purpose,  shall  have 
all  the  powers  and  privileges,  and  shall  also  be  sub- 
ject to  all  the  duties  and  requirements,  prescribed  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,"  and  of  the  several  acts 
in  addition  thereto. 

Sec.  2.  Be  it  further  enacted,  That  the  said  cor- 
poration may  be   lawfully  seized  and    possessed   of  May  hoid  reai 
such  personal  estate,  not  exceeding  two  hundred  thou-  wte,^oa°wrtaln 
sand  dollars,  and  of  such  real  estate,  not  exceeding  '""*' 
two  hundred  thousand  dollars,  including  the  estates, 
stores,  houses,  buildings,  and  land,  which  they  now 
own,  or  that  may  be  legally  conveyed  to  them,  as 
may  be  necessary  and  convenient  for  carrying  on  the 
manufactures  aforesaid. 

[Approved  by  the  Grovernor,  February  8th,  1822.] 


CHAP.  LXII. 

An  Act  to  regulate  the  Passway  for  Fish,  in  Beaver 
Brook,  in  the  Town  of  Dracut. 

Sec.  1.  KE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  instead  of  the  passway 
now  required  by  law,  to  be  kept  in  said  brook,  at  the 
mills  owned  by  Artemas  Stanley  and  Sewall  Stanley, 
in  the  Town  of  Dracut,  in  the  County  of  Middlesex, 
the  o\\ners  shall  be,  and  hereby  are  required  to  keep 
open  a  passway  for  the  passage  of  the  fish  called  ale-  Passway  to  be 
wives,  of  the  following  dimensions  :  beginning  at  the  ^^^'^  "'""** 
dam,  near  the  factory  floom,  six  feet  in  width,  on  a  Description. 
level   with  the  bottom  of  said  floom,  and  running  by 
the  side  of  the  said  floom  to  the  factory  wall,  then  turn- 
ing and  running  twenty  feet  down  by  the  side  of  said 
35 


652  FIRST  UNIVER.  SOC.  IN  CAM.     Feb.  9, 1822. 

stoppers.  dam,  three  feet  and  an  half  wide,  with  stoppers  on 
each  side,  with  a  board  or  plank,  to  be  placed  across 
the  head  of  said  course,  six  inches  in  width ;  and  the 
said  head  to  keep  open  and  in  sufficient  repair  at  all 
times,  while  said  fish  are  passing  up  and  down  said 
brook.  < 

Sec.  2.  Be  it  further  enacted,  That  so  long  as  the 
owners  of  said  mill  shall  keep  open  said  course  and  in 
good  repair,  in  the  manner  aforesaid,  they  shall  not  be 
subject  to  any  of  the  penalties  or  restrictions  of  any 
law  for  regulating  the  passage  of  fish  in  the  said  brook ; 
and  no  person  or  persons  shall  be  allowed  to  take  any 

Interdiction  of  fish  lu  sald  coursc,  or  within  thirty  feet  of  the  same,  in 
any  way  or  manner,  under  a  penalty  of  five  dollars,  to 
be  recovered  in  an  acion  of  debt,  in  any  court  proper 
to  try  the  same,  to  be  for  the  use  of  him  or  them,  who 
may  sue  therefor. 

[Approved  by  the  Grovernor,  February  8th,  1822.] 


taking  fish. 


CHAP.  LXIII. 

An  Act  to  incorporate  the  First  Universalist  Society, 
in  Cambridge. 

Sec.  1.   OE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  Peter  Tufts,  Junior, 
Persons  incorpo- Isaac  Kimball,  Thomas  Mason,  Josiah  Mason,  Josi- 
^***^"**  ah  Mason,  .Tunior,  Walter  K.  Mason,  Josiah  Oakes, 

Samuel  Hastings,  Joseph  Abbot,  William  Bell,  Jo- 
seph Dane,  Zacheus  Whitney,  Augustus  Richardson, 
Samuel  Peabody,  David  Oliver,  David  Hutchinson, 
John  Weld,  Andrew  Boardraan,  John  Boardman, 
Asa  Murdock,  Thomas  G.  Fox,  Thomas  Hill,  Leo- 
'  nard  Parks,  Samuel  Harris,  Loca  Richardson,  Sam- 
uel Mason,  Henry  Greenwood,  Ferrington  Hawkes, 
Joseph  Jennings,  Enoch  Davis,  Leonard  Harris, 
Simon   Ames,  John  Dodge,   and   Charles  Walker, 


FIRST  UNIVER.  SOC.  IN  CAM.    Feh.  9, 1822.  653 

together  with  such  other  persons  as  may  hereafter, 
associate  with  them,  be,  and  they  are  hereby  incorpo- 
rated and  made  a  body  politic  and  religious  society, 
by  the  name  of  the  First  Universalist  Society,  in 
Cambridge;  and  by  that  name,  may  sue  and  be  sued, 
and  shall  be  invested  with  all  the  powers  and  imrau-  General  powers. 
nities,  to  which  other  religious  societies  are  entitled  by 
the  constitution  and  laws  of  this  Commonwealth,  for 
religious  purposes  only.  And  the  said  society  shall 
be  capable  in  law,  to  purchase  and  hold  estate,  real 
and  personal;  provided,  the  annual  income  thereof, proviso, 
shall  not  exceed,  at  any  one  time,  more  than  the  value 
of  three  thousand  dollars. 

Sec.  2.  Be  it  farther  enacted,  Tliat  said  society  be, 
and  they  are  hereby  authorized  and  empowered  to 
raise,  by  assessments  on  the  pews  and  seats,  which  Assessmams. 
may  be  made  and  built  in  any  house,  that  may  be 
hereafter,  erected  by  them,  all  such  sum  or  sums  of 
money,  for  the  settlement  of  a  Minister  or  Ministers, 
repairing  said  house,  and  other  expenses  of  public 
worship,  with  such  incidental  charges  as  they  may 
agree  on,  at  any  legal  meeting  called  for  that  pur- 
pose; and  the  same  may  assess,  or  cause  to  be  assess- 
ed, upon  such  pews  or  seats,  as  the  proprietors  or 
members  as  aforesaid,  at  such  meeting,  shall  deem 
pioper,  according  to  the  respective  valuation  made 
thereof,  and  recorded  in  the  proprietors'  books;  and 
the  sums  so  assessed  shall  be  paid  by  the  proprietors 
of  such  pews  or  seats:  And  if  any  proprietor  shall 
neglect  to  pay  such  assessments  which  shall  have 
been  legally  made,  for  the  space  of  one  year,  the 
Treasurer  of  said  society  shall  be  authorized  and  em- 
powered to  sell  all  the  estate  and  interest  of  such  May  sen  pew^. 
delinquent  proprietor,  in  said  corporation,  at  public 
auction,  first  giving  notice  thereof,  thirty  days  at  least, 
previous  to  the  sale,  by  posting  up  notifications  at  the 
door  of  said  house;  and  upon  such  sale,  to  execute 
good  and  sufficient  deed  or  deeds;  and  after  deducting  May  convey 
said  delinquent's  assessments,  with  incidental  charges,  ^^'"" 
the  Treasurer  shall  pay  the  overplus,  if  any  there  be, 
to  such  delinquent  proprietor. 

Sec.  3.   Be  it  further  enacted,  That  said  society 
may  have  power  to  order  and  establish  such  regula-        ^ 


654 


JOSTAH  LOVETT. 


Feh.  9,  1822. 


Rules  and  by- 
laws. 


tions,  rules,  and  by-laws  for  their  government,  and  the 
management  of  their  concerns,  as  they  may  see  fit; 
provided,  the  same  are  not  repugnant  to  the  laws  of 
this  Commonwealth. 

Sec.  4.  Be  it  further  enacted,  That  Peter  Tufts, 
Junior,  Esquire,  or  any  other  Justice  of  the  Peace  for 
the  County  of  Middlesex  be,  and  hereby  is  authori- 
zed to  issue  his  warrant  to  any  member  of  said  soci- 
ety, to  notify  and  warn  all  the  members  thereof  to 
HrstMeeung.  meet  aud  assemble  at  such  time  and  place,  as  he  shall 
therein  appoint ;  and  when  so  met  and  assembled,  to 
organize  the  society,  by  choosing  a  President,  Clerk, 
and  Treasurer,  and  such  other  officers,  as  they  may 
see  fit  to  elect ;  and  there  shall  be  annually,  a  meet- 
ing of  said  society  for  the  choice  of  officers,  which 
shall  always  be  holden  in  the  month  of  March  or 
April;  which  meeting  shall  be  notified  by  the  Clerk 
of  said  society. 

[Approved  by  the  Governor,  February  9th,  1822.] 


Officers  to  be 
dhoseo. 


CHAP.  LXIV. 


An  Act  to  annex  Josiah  Lovett  to  the  First  Parish  in 

Beverly 

DE  it  enacted  by  the  Senate  and  House  of 
liepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Josiah  Lovett,  with 
his  family,  polls  and  estate,  be,  and  they  are  here- 
by set  off  from  the  Third  Congregational  Society,  in 
Conditional  an-  Bcverly,  aud  annexed  to  the  First  Parish  in  said  Bev- 
erly ;  provided,  the  said  Josiah  Lovett  shall  be  holden 
to  pay  all  taxes,  legally  assessed  upon  him,  as  a  mem- 
ber of  said  Third  Congregational  Society,  previous  to 
the  passing  of  this  act. 

[Approved  by  the  Grovernor,  February  9th,  1822.] 


WARE  MANUFACTURING  CO.    Feb.  9, 1822.  655 


CHAP.  LXV. 

An  Act  to  incorporate  the  Ware  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  Charles  P.  Dexter  p«-sonsineorp&- 
and  Darius  B.  Holbrook,  together  with  such  others  as  ''^^^^' 
now  have,  or  may  hereafter  associate  with  them,  their 
successors  or  assigns,  be,  and  they  are  hereby  made 
a  corporation,  by  the  name  of  the  Ware  Manufactu- 
ring Company,  for  the  purpose  of  manufacturing  cotton 
and  woolen  yarn  and  cloth,  in  the  Town  of  Ware,  in 
the  County  of  Hampshire;  and  for  this  purpose  shall 
have  all  the  powers  and  privileges,  and  shall  be  sub-  General  powers. 
ject  to  all  the  duties  and  requirements,  prescribed  and 
contained  in  an  act,  passed  the  third  day  of  March,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
nine,  entitled  "  an  act  defining  the  general  powers  and 
duties  of  manufacturing  corporations,"  and  the  several 
acts  in  addition  thereto. 

Sec.  2.  Be  it  further  enacted,  That  the  said  Ware 
Manufacturing  Company,  in  their  corporate  capacity, 
may  lawfully  hold  and  possess  such  real  and  personal  May hoWreiiGs* 
estate,  as  may  be  necessary  and  convenient  for  carry-  ^^^^' 
ing  on  the  said  manufacture:  Provided,  the  value  of  proviso, 
such  real  estate,  shall  not  exceed  one  hundred  thou- 
sand dollars,  and  the  value  of  such  personal  estate, 
shall  not  exceed  two  hundred  thousand  dollars. 

[Approved  by  the  Governor^  February  9th,  1822.] 


656  MOUNT  CARMEL  LODGE.  Feb,  9,  1822. 


CHAP.  LXVI. 

An  Act  incorporating  the  Trustees  of  Mount  Carmel 

Lodge. 

Sec.  1.  IjE  it  enacted  by  the  Seriate  avd  House  of 
Hepresentativesj  in  General  Court  assembled,  and  by 

persons  incorpo- f/ie  autkority  of  the  same,  That  James  Gardner,  Ama- 

"'''•  riah  Child,  Samuel  JtJrimblecom,  Robert  W.  Trevett, 

Benjamin  Oliver,  Josiah  Newhall,  and  William  F. 
Ingalls,  and  their  associates  and  successors,  be,  and 
they  hereby  are  constituted  a  corporation,  by  the  name 
of  the  Trustees  of  Mount  Carmel  Lodge ;  and  they 

General  powers,  hereby  are  invested  with  all  the  povv^ers,  privileges, 
and  immunities,  incident  to  corporations  of  a  similar 
nature. 

Sec.  2.  Be  it  further  enacted,  Tliat  said  Trustees 
shall  have  power  to  receive,  possess  and  hold,  by  gift, 
grant,  purchase,  or  devise,  any  real  or  personal  estate ; 
provided,  the  value  of  said  real  estate,  do  not  exceed 

May  hold  real  or  five  thousand  doUars,  nor  the  value  of  said  personal 

peisoua  es  a  e.  pg^g^^.^^  excecd  ouc  thousaud  dollars ;   and  shall  and. 
may  employ  the  income,  interest  and  profits  arising 
from  such  estate,  in  acts  of  charity  and  benevolence. 
Sec.  3.  Be  it  further  enacted,  That  the  said  Trus- 
tees and  their  successors,  shall  have  and  use  a  common 

May  sue  and  be  Seal,  aud  by  the  name  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  the  said  Trustees  and  their  successors  shall,  an- 
nually, elect  by  ballot,  a  President,  to  preside  at  their 
^  meetings,  and  a  Clerk,  to  record  the  doings  of  the  said 

Trustees. 

Sec  4.  Be  it  further  enacted.  That  the  said  Trus- 
tees, or  a  major  part  of  them,  be,  and  they  are  hereby 

May  sell  and  con- authorized  aud  empowered  to  sell  and  convey  in  fee 
simple,  lease  or  mortgage,  all  or  any  part  of  the  real 
estate  which  they  may  hold  as  herein  aforesaid,  and 
to  make,  execute  and  acknowledge  a  good  and  suflB- 
cient  deed  or  deeds  thereof;  which  deed  or  deeds, 
subscribed  by  their  President,  by  the  direction  of  the 


PARISHES  AND  PRECINCTS.     Feh.  11, 1822.  657 

said  Trustees  or  a  major  part  of  them,  with  the  seal  of 
said  corporation  thereunto  affixed,  shall  be  good  and 
valid  in  law,  to  pass  and  convey  the  same  to  the  pur- 
chaser or  purchasers  thereof,  to  all  intents  and  purposes 
whatsoever.  And  said  Trustees  may  make  and  esta- 
blish such  by-laws,  rules  and  regulations  as  they  may  Rules  and  by- 
think  proper ;  provided^  the  same  are  not  repugnant  to  ^^^' 
the  constitution  and  laws  of  this  Commonwealth. 

Sec.  5.  Be  it  further  enacted,  That  James  Gard- 
ner be,  and  he  hereby  is  authorized  to  call  the  first 
meeting  of  said  Trustees,  by  giving  personal  notice  to  First  Meeting. 
each  of  them,  or  leaving  a  written  notification  at  each 
of  their  houses,  seven  days  before  the  time  of  meeting: 
Provided,  however,  that  this  act  may  be  repealed  when- 
ever the  Legislature  may  deem  it  expedient  that  the 
corporation  should  be  abolished. 

[Approved  by  the  Grovernor,  February  9th,  1822.] 


(3HAP.  LXVII. 

An  Act  in  addition  to  an  act,  entitled  ^^An  Act  re- 
gulating Parishes  and  Precincts,  and  the  Officers 
thereof." 

JjE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  the  inhabitants  of  each 
town,  district,  or  parish,  within  this  Commonwealth, 
qualified  to  vote  in  town,  district,  or  parish  affairs, 
shall  have  power,  from  and  after  the  first  day  of  March 
next,  at  their  annual  meeting,  to  raise  in  the  same  man- 
ner that  other  town,  district,  or  parish  charges  may  Assessments  f.r 
now  by  law  be  raised,  such  sum  or  sums  of  money,  as'^*"^*^ 
they  may  deem  sufficient  to  defray  all  the  cost  and 
charges  which  may  be  necessary  for  the  support  and 
maintenance  of  sacred  music,  in  their  respective  towns, 
districts,  and  parishes  aforesaid. 

{Approved  by  the  Governor,  February  11th,  1822.] 


658  MEETING  HOUSE,  DEDH AM.     Feb.  ii,i822. 


CHAP.  LXVIir. 

Au  Act  to  incorporate  the  Proprietors  of  the  New 
Meeting  House,  in  Dedham. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Samuel  Fales,  Jona- 

personsincocpo-than  Averv,  Benjamin  Farrington,  Jonathan  Richards, 
Reuben  Richards,  Reuben  Guild,  John  Guild,  Na- 
thaniel Guild,  Calvin  Guild,  Paul  Lewis,  Samuel 
Lewis,  John  Bullard,  Jacob  Clark,  Jesse  Wheaton, 
Joseph  Daniel,  Jesse  Daniel,  Jesse  Fuller,  Frederick 
A.  Taft,  Joseph  Stow,  Elisha  Mcintosh,  Jason  Mes- 
senger, Samuel  Noyes,  Joseph  Morril,  Leonard  Al- 
den,  Martin  Draper,  Robert  Ed  son,  and  Josiah  S. 
Fisher,  their  associates  and  successors,  be,  and  they 
hereby  are  made  a  body  politic  and  corporate,  by  the 
name  of  the  Proprietors  of  the  New  Meeting  House, 
in  Dedham ;  and  by  that  name,  may  sue  and  be  sued, 

Geaerai  powers,  have  a  commou  seal,  and  the  same  alter  at  pleasure, 
and  may  ordain  such  rules  and  regulations  as  are  not 
repugnant  to  the  laws  of  this  Commonwealth ;  and 
choose  such  officers  as  the  good  management  of  the 
affairs  of  said  body  corporate  may  at  all  times  require. 
Sec.  2.  Be  it  further  enacted,  That  said  corporate 
body  shall  have  power  to  raise  money  by  assessment 

Assessment  on  ou  thc  sharcs  of  thc  Said  corporators,  for  the  purpose 
only  of  repairing  said  meeting  house :  Provided,  this 
power  shall  not  be  construed  to  extend  to  the  raising 
of  money  for  altering,  completing  or  enlarging  said 
house,  unless  every  corporator  shall,  in  writing,  give 
his  assent  thereto. 

Sec.  3.  Be  it  further  enacted,  That  a  Committee 
of  said  corporate  body,  which  may  be  chosen  for  that 
purpose,  shall  have  authority  in  law,  to  convey  and 

May  pass  pew.,  executc  dceds  to  pass  pews  in  said  house,  to  such  per- 
sons as  said  corporate  body  shall,  at  the  first  legal 
meeting  thereof,  direct,  or  according  to  the  rules  and 
regulations  which  said  body  corporate  may  ordain. 
Sec.  4.  Be  it  further  enacted^  That  no  vote  of  said 


WOLCOTT  WOL.  MANU.  CO.      Feh.  11,1822.  ©59 

body  corporate  shall  bind  said  corporators,  unless  the  qualification  of 
owners  of  a  majority  of  the  shares  in  said  house,  shalF"*"' 
concur  therein. 

Sec.  5.  Be  it  further  enacted,  That  Samuel  Fales, 
of  Dedham,  may  call  the  first  meeting  of  said  body  Fij-st  meeting, 
corporate,  by  posting  notices  of  the  time  and  place 
thereof,  in  some  conspicuous  place  in  said  meeting 
house,  eight  days  at  least,  before  the  time  he  may  so 
appoint. 

[Approved  by  the  Governor,  February  11th,  1822.] 


CHAP.  LXIX. 

An  Act  in  addition  to  an  Act,  to  incorporate  the  Wol- 
cott  Woolen  Manufacturing  Company. 

JdE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  the  Wolcott  Woolen 
Manufacturing  Company  may  hold  and  possess  real  Additional  cap; 
estate,  not  exceeding  two  hundred  thousand  dollars,  "' 
and  personal  estate,  not  exceeding  two  hundred  thou- 
sand dollars,  for  the  purposes  as  in  the  act  incorpora- 
ting said  manufacturing  company,  is  provided;    and 
that  so  much  of  said  act,  as  is  repugnant  to  this  act, 
be,  and  the  same  is  hereby  repealed. 

[Approved  by  the  Governor,  February  11th,  1822.] 


86 


660  MASS.  BAPTIST  MIS.  SOC.         Feb,  11,  1822. 

CHAP.   LXX. 

An  Act  repealing  "An  Act  further  regulating  the  Es- 
sex Turnpike  Corporation,  and  the  Andover  and 
Medford  Turnpike  Corporation." 

OE  it  enacted  hy  the  Senate  and  House  of 
Representatives^  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  an  act,  entitled  "  an 
act  further  regulating  the  Essex  Turnpike  Corporation, 
Rvpeaiofact.  aud  thc  Andovcr  and  Medford  Turnpike  Corpora- 
tion," passed  on  the  fourteenth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
twenty  one,  be,  and  the  same  hereby  is  repealed. 

[Approved  by  the  Governor,  February  11th,  1822.] 


CHAP.  LXXI. 

An  Act  to  alter  and  amend  an  Act  incorporating  the 
Baptist  Missionary  Society,  in  Massachusetts. 


> 


Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  so  much  of  the  first 

Partial  repeal  of  section  of  the  act,  entitled  ^^an  act  to  incorporate  the 
members  of  a  society,  by  the  name  of  the  Baptist 
Missionary  Society,  in  Massachusetts,"  as  limits  the 
continuance  and  succession  of  said  society  to  fifteen 
years,  be,  and  the  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted.  That  so  much  of  the, 
second  section  of  the  said  act  as  authorizes  and  limits 
the  society  to  receive  and  hold  real  estate  to  an  amount 

c'apitai.  not  exceeding  fifteen  thousand  dollars,  and  personal 

estate  by  donation,  bequest,  legacy,  or  otherwise,  not  i 
exceeding  ten  thousand,  be  so  far  altered  and  amend-  ; 
ed,  as  to  allow  said  corporation  to  receive  and  hold  i 


INSOLVENT  ESTATES.  Feb.  13,  1822.  661 

real  and  personal  estate,  to  the  amount  of  fifty  thou- 
sand dollars;  the  annual  income  of  which  shall  be  Annual  income. 
applied  agreeably  to  the  provisions  of  the  said  act,  and 
nut  otherwise :  Providrd,  that  the  Legislature  shall 
have  a  right  to  repeal  this  act,  whenever  they  shall 
deem  it  expedient. 

[Approved  by  the  Governor,  February  11th,  1822.] 


CHAP.  LXXIL 

An  Act  in  addition  to  an  Act,  entitled  ^"  An  Act  for  the 
distribution  of  Insolvent  Estates." 

JjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  in  all  cases,  in  which 
any  person  or  persons,  heretofore  have  incurred,  or 
may  hereafter  incur  a  general  responsibility  for  ano- 
ther, who  may  afterwards  die  insolvent,  and  when  the 
cases  in   which  such  persons  may  be  called  upon,  in  settlement  of  in- 

c  ,t      •      t  •  I  '11  1  solvent  estates. 

consequence  oi  their  having  so  become  responsible,  and 
the  damages  which  they  may  sustain  by  means  thereof, 
cannot  be  ascertained  within  the  period  now  limited 
by  law,  for  the  existence  of  commissions  upon  insolvent 
estates,  Judges  of  Probate  in  such  cases  are  hereby  au- 
thorized and  empowered  to  extend  the  commission  of  in- 
solvency upon  any  such  insolvent  estate,  and  allow  such 
further  time  to  such  creditors,  to  ascertain  and  prove 
their  claims,  as  the  circumstances  of  the  case,  and  the 
purposes  of  justice  may  require:  Provided,  neverthe-vtoyuo. 
less,  that  no  insolvent  estate  shall  be  continued  pend- 
ing under  a  commission  of  insolvency,  more  than  four 
years  from  the  time  of  granting  letters  of  administra- 
tion upon  such  estate:  And  provided,  also,  that  no 
dividend  which  may  have  been  made  among  the  ere- Dividends. 
ditors  of  such  estate,  before  application  is  made  to  the 
Judge  of  Probate  for  the  extension  of  such  commission, 
shall  be  disturbed. 

[Approved  by  the  Grovernor,  February  13th,  1822.] 


662  BRATTLE  SQUARE  CHURCH.     Feb.  13, 1822. 

CHAP.  LXXIII. 

An  Act  to  regulate  the  Admetisurement  of  Timber. 

Sec.  1.  i5E  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  from  and  after  the 
tenth  day  of  April  next,  all  spruce  and  pine  timber 
that  is  hewed  and  of  six  inches  square  and  upwards, 

Sumy  of  tim-  shall  bc  survcyed  and  sold  at  and  after  the  rate  of  forty 
cubic  feet  per  ton,  and  all  sawed  timber  six  inches 
square  and  upwards,  shall  be  surveyed  in  the  same 
manner  as  is  now  provided  by  law  for  measuring  boards 
and  scantling. 

Sec.  2.  Be  it  further  enacted,  That  every  person 
violating  the  provisions  of  this  law,  (unless  by  special 
agreement  of  the  parties  another  method  is  adopted)  on 

Penalties.  couvictiou  thereof,  shall  forfeit  and  pay  for  every  of- 
fence, a  sum  not  less  than  two  dollars,  nor  more  than 
ten  dollars,  at  the  discretion  of  the  court  competent  to 
try  the  same. 

[Approved  by  the  Governor,  February  13th,  1822.] 


CHAP.  LXXIV. 

An  Act  declaring  and  confirming  the  incorporation  of 
the  Proprietors  of  the  Church  in  Brattle  Square,  in 
Boston. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  all  persons  who  now 
are,  or  who  may  hereafter  be,  the  proprietors  of  the 
pews  in  the  congregational  meeting  house,  situate  in 
Brattle  Square,  in  Boston,  be,  and  they  are  hereby 
declared  and  confirmed  to  be  a  body  politic  and  cor- 


BRATTLE  SQUARE  CHURCH.  Feb.  13,  1822.     663 

porate,  by  the  name  of  the  Proprietors  of  the  Church  xuie. 
ill  Brattle  Square;  vath  all  powers,  rights  and  privi- 
leges, which,  by  the  constitution  or  laws  of  this  Com-  General  powers. 
mon wealth,  belong  to  parishes;  and  with  power  also 
to  purchase,  to  take,  and  to  hold  any  estate,  real,  per- 
sonal or  mixed,  for  the  support  of  the  ministry,  and 
the  suitable  maintenance  of  the  public  worship  of  Al- 
mighty God:  Provided,  that  the  whole  estate  of  the 
said  corporation  shall  not  exceed  in  its  annual  income, 
the  sum  of  five  thousand  dollars,  exclusive  of  their  Limitation  of  re- 
meeting  house,   and  also  of  their  ministerial  house,  *  "^''*'^' 
which   is  now  holden   hy  the  Deacons   of   the   said 
church,  in  trust  for  the  use  of  the  Minister  for  the 
time  being,  according  as  the  same  is  expressed  in  the 
devise  of  the  same  to  them,  in  and  by  the  last  will 
and  testament  of  the  late  Lydia  Hancock.     And  fur- 
thermore, the  said  corporation  shall  be,  and  hereby 
are  deemed  in  law,  to  be  seized  of  the  same  meeting 
house,  with  all  the  lands  under,  adjoining  and  belong- 
ing to  the  same,  with  the  rights,  privileges  and  appur-        , 
tenances  thereto  belonging,  by  whatever  other  name 
the  same  shall  or  may  have  been  heretofore  conveyed 
to  them ;  reserving  however,  to  the  several  proprietors 
of  the  pews  in  said  meeting  house,  their  right  to,  and 
interest  in  the  said  pews,  respectively. 

Sec.  2.  Be  it  further  enacted,  That  the  said  pro- 
prietors shall  meet  annually,  on  the  second  Monday  Annual  meeting. 
in  July,  at  the  said  meeting  house,  or  at  such  other 
place  as  their  Committee  may  appoint;  and  at  such 
other  times  and  places,  as  they  shall  be  duly  notified 
to  attend,  in  manner  herein  after  mentioned.  And  at 
said  annual  meeting,  after  having  chosen  a  Modera- 
tor, shall  choose  a  Clerk,  Treasurer,  and  a  Committee  officers  to  be 
of  twelve  persons,  who  shall  all  continue  in  office  for*"  '^''"* 
one  year,  and  until  others  are  chosen  in  their  room. 
And  if  for  any  cause,  the  said  annual  meeting  should 
not  be  holden  at  that  time,  then  the  said  officers  may 
be  chosen  at  any  other  meeting,  duly  notified  for  that 
purpose;  and  any  person  who  shall  usually  attend 
public  worship  in  said  meeting  house,  shall  be  eligible 
to  either  of  said  offices.  And  any  proprietor  shall 
have  a  right  to  act  and  vote  by  proxy,  at  any  meeting 
of  the  said  proprietors,  in  case  such  proprietor  should 


664     BRATTLE  SQUARE  CHURCH.  Feb.  13, 1822. 

Proviso.  not  attend  the  same  in  person:    Provided,  however, 

that  no  proprietor,  whether  of  one  or  more  pews  shall, 
in  any  case,  be  entitled  to  more  than  one  vote,  either 
in  person  or  by  proxy;  and  in  case  a  pew  be  owned 
by  two  or  more  persons,  only  one  of  them  shall  be  en- 
titled to  vote  by  virtue  of  such  ownership. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Clerk 
shall  be  sworn  to  the  faithful  performance  of  the  duties 
of  his  oflRce;  and  it  shall  be  his  duty  to  record  all  the 
votes  and  all  the  proceedings  of  the  said  proprietors, 
and  of  the  said  Committee,  in  separate  books,  to  be 
kept  by  him  for  that  purpose:  And  the  said  Commit- 
powers  of  Com- tee,  or  a  major  part  of  them,  shall  have  full  power  to 
*"'*^^*  manage  all  the  prudential  aflTairs  of  the  said  propri- 

etors, in  the  same  and  in  as  ample  a  manner,  as  Pa- 
rish Committees  are  authorized  by  law,  to  manage  the 
prudential  affairs  of  parishes ;  and  to  notify  any  pro- 
prietors' meeting,  by  posting  up  a  notification  at  the 
door  of  said  meeting  house,  seven  days  at  least,  before 
the  time  of  holding  the  same,  or  by  giving  notice  to  the 
members  present,  from  the  pulpit,  on  the  Sabbath  im- 
mediately preceding  the  meeting. 

Sec.  4.  Be  it  further  enacted,  That  the  said  pro- 
prietors shall  be  entitled  to  all  the  privileges  which 
they  hare  heretofore  in  fact  enjoyed,  and  shall  be 
bound  by  all  the  contracts  they  have  heretofore  in  fact 
entered  into,  and  be  subject  to  all  the  duties  they  have 
herertofore  been  subject  to :  and  the  said  proprietors 
are  also  empowered,  from  time  to  time,  to  make  such 
Duues  and  pii-  furthcr  coutracts,  and  raise  such  sums  of  money,  annu- 
vieges.  ally,  as  they  shall  judge  necessary  for  the  maintenance 

and  support  of  the  public  worship  of  Almighty  God, 
for  the  repairs  or  alteration  of  said  meeting  house,  and 
for  other  parochial  and  incidental  charges,  including 
any  sums  which  may  be  wanted  to  repair  the  ministe- 
rial house,  or  for  rebuilding  the  same  in  any  future 
time ;  and  all  monies,  so  raised  by  the  proprietors 
aforesaid,  shall  be  paid  quarterly,  as  the  same  have 
heretofore  been,  or  otherwise,  as  the  said  proprietors 
shall  hereafter  order  and  appoint. 

Sec.  5.    Be  it  further  enacted.  That   all    monies 

raised  by  the  said  proprietors  for  the  purposes  afore- 

Assfssments.     Said,  shall  bc  assessed  by  the  said  Committee,  or  by 


BRATTLE  SQUARE  CHURCH.  Feh.  13, 1822.     665 

the  major  part  of  them,  upon  the  several  proprietors  of 
the  pews  in  said  meeting  house,  according  to  the  rela- 
tive value  of  said  pews,  regard  being  had  to  their 
situation  and  convenience.  And  the  pews  in  said 
meeting  house  shall  be  held  liable  to  be  taken  and  sold  Liability  of  pews, 
for  the  payment  of  all  assessments,  duly  made  as  afore- 
said, and  for  the  discharge  of  all  expenses  incurred  by 
such  sale,  in  such  manner,  and  on  such  contingencies 
and  conditions,  as  have  been  or  may  be  agreed  upon 
by  the  said  proprietors,  and  which  are  or  shall  be 
summarily  expressed  and  contained  in  the  deed  or  con- 
veyance of  the  pews;  and  the  assessments  made  as 
aforesaid  shall  be  considered  as  a  lien  upon  the  pews 
in  said  meeting  house. 

Sec.  6.  Be  it  further  enacted,  That  if  any  of  the 
officers  chosen  by  the  said  proprietors  shall  die  or  re- 
sign, during  the  year,  for  which  they  may  be  chosen, 
other  persons  may  be  elected  in  their  room  for  the  re-  vacancies  to  be 
mainder  of  the  year,  at  any  meeting  of  the  proprietors ;  ^  "^' 
and  that  the  present  Clerk,  Treasurer,  and  Committee 
of  the  said  proprietors  shall  be  and  remain  in  office, 
till  the  iirst  annual  meeting  of  the  said  corporation, 
under  this  act,  unless  the  proprietors,  at  any  meeting 
prior  to  that  time,  shall  elect  others  in  their  place. 

Sec.  7.  Be  it  further  enacted,  That  the  present 
Committee  of  the  said  church,  to  wit;  Arnold  Welles, 
Peter  Oxenbridge  Thatcher,  Samuel  Hammond,  Isaac 
Parker,  Harrison  Gray  Otis,  Samuel  Snelling,  Joseph  Names  of  com^ 
Hall,  Alden  Bradford,  Samuel  Cobb,  George  Bond,"""^* 
James  Trecothick  Austin,  and  Jonathan  Chapman,  or 
a  major  part  of  them,  may  cause  the  first  meeting  of 
the  said  proprietors  to  be  called  for  any  purpose,  by 
giving  notice  of  the  same,  as  is  herein  before  provided. 

[Approved  by  the  Governor,  February  18th,  1822.] 


666  MIDDLESEX  PROB.  COUKTS.    Feb.  14,  i822 


CHAP.  LXXV. 

All  Act  to  alter  and  establish  the  times  of  holding  the 
Courts  of  Probate,  within  and  for  the  County  of 
Middlesex. 

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 
last  day  of  February,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  twenty  two,  instead  of  the 
times  now  by  law  appointed  within  and  for  the  County 
of  Middlesex,  the  said  Court  shall  be  holden  at  the 
times  and  places  following,  to  wit :  at  Cambridge  on 
the  second  Tuesdays  of  January,  August,  and  Novem- 
ber, and  the  first  Tuesday  of  March,  the  third  Tues- 

^fhSidfn ''co'T/ ^^y  ^^  M^y>  ^^^  ^^^®  Tuesday  next  preceding  the 
second  Monday  of  December;  at  Concord  on  the  second 
Tuesdays  of  February  and  April,  on  the  Tuesday  next 
preceding  the  second  Mondays  of  June  and  of  Sep- 
tember, and  on  the  third  Tuesday  of  November ;  at 
Groton  on  the  last  Tuesday  of  December,  first  Tues- 
day of  May  and  last  Tuesday  of  September ;  at  Fra- 
mingham  on  the  last  Tuesdays  of  June  and  October ; 
at  Woburn  on  the  fourth  Tuesday  of  April ;  at  Charles- 
town  on  the  third  Tuesdays  of  February  and  August: 
and  at  Chelmsford  on  the  first  Tuesday  of  October, 
annually.  And  all  processes  pending  in,  or  returnable 
to  the  Court  of  Probate,  to  have  been  holden  by  the 
existing  law,  on  the  first  Tuesday  of  March  next,  may 
be  returned  to,  and  acted  upon,  by  the  said  Court  of 
Probate  established  by  this  act,  to  be  holden  at  Groton. 
on  the  first  Tuesday  of  May  next. 

[Approved  by  the  Governor,  February  14th,  1822.] 


t^RST  BAP.  SOC.  HOLLAND.      Feb.  14,  1822.  66? 


CHAP.  LXXVl. 

An  Act  to  incorporate  the  First  Baptist  Society,  in 
the  District  of  Holland. 

Sec.  1.  DE  zf  enacted  by  the  Senate  and  House  of 
Re2)resentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  Benjamin  Church,  persons incorag- 
Judah  Back,  John  C.  Buterworth,  John  Anderson,"^"* 
David  B.  Dean,  Benjamin  Franklin,  Samuel  Frizel, 
Ellridge  G.  Fuller,  Thomas  Gould,  Joseph  Glazzen, 
Jedediah  Healy,  Levi  James,  Walter  Lyon,  Ebene- 
zer  Lyon,  Elisha  Marcy,  David  Marcy,  Uriah  Mar- 
cy,  Ithamer  Merifield,  Sarel  Parien,  Calvin  Polley, 
John  Polley,  Lyman  Polley,  Perley  Stone,  Rinalder 
Wallis,  Allen  Tiffany,  Loring  Webber,  Oshea  Web- 
ber, William  Webber,  Bradley  Webber,  Eliphas 
Webber,  Samuel  Webber,  William  Wood,  and  Eli- 
sha Wyllys,  together  with  such  others  as  may  here- 
after associate  with  them,  and  their  successors,  with 
their  families,  polls  and  estates,  be,  and  they  are  here- 
by incorporated  as  a  religious  society,  by  the  name  of 
the  First  Baptist  Society,  in  the  District  of  Holland ;  General  power?. 
with  all  the  powers  and  privileges,  to  which  parishes 
and  religious  societies  are  entitled  by  the  constitution 
and  laws  of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted,  That  the  Clerk  of  said 
society  shall  record  in  a  book,  to  be  by  him  kept  for  that  Record  of  pews, 
purpose,  the  names  of  the  proprietors  of  every  pew,  or 
part  of  a  pew,  in  the  meeting  house  of  the  said  society, 
and  shall  give  to  every  such  proprietor,  a  certificate  of 
his  ow  nership  of  such  pew  or  part  of  a  pew ;  which 
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 
same  book,  by  the  said  Clerk;  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  any  three  of 
the  persons  named  in  this  act,  or  either  of  them,  may 
87 


668  DEDHAM  WORSTED  FAC.  Feb.  14,  1822. 

Fir.t meeting,  causp,  tlic  fii'st  meeting  of  said  Baptist  Society,  to  be 
called,  by  posting  up  a  notification  at  said  meeting 
house,  giVing  at  least,  seven  days  notice,  of  the  time, 
place,  and  purpose  of  said  meeting;  at  which  meeting, 
the  society  may  agree  on  the  mode  of  notifying  future 
meetings. 

[Approved  by  the  Governor,  February  14th,  1822.] 


CHAP.  LXXVII. 

An  Act  to  incorporate  the  Dedham  Worsted  Factory. 

Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
thp  authority  of  the  same,  That  William  Phillips  and 
Persons  incorpo- J'dbez  Cliickering,  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  Dedham  Worsted  Factory;  and  shall 
General  powers,  ha vc  all  the  poweTs  aud  privileges,  and  be  subject  to 
all  the  duties,  requirements  and  penalties,  contained 
in  an  act,  passed  on  the  third  day  of  March,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and 
*  nine,  entitled  ^'  an  act  defining  the  general  powers  and 
duties  of  manufacturing  corporations,"  and  in  the  se- 
veral acts  in  addition  thereto. 

Sec.  2.    Be  it  further  enacted,  That  the  said  cor- 
poration  may   be   lawfully  seized   and    possessed  of 
such   real  estate,  not  exceeding  the  value  of  thirty 
May  hold  real  es- thousand  doUars,  and  such  personal  estate,  not  ex- 
''*'*'■  ceeding  the  value  of  seventy  thousand  dollars,  as  may 

be  necessary  and  convenient  for  carrying  on  the  man- 
ufacture of  worsted  yarns. 

[Approved  by  the  Governor,  February  14th,  1822.] 


CHESTER  TURNPIKE  CORP.     Feh,  14,  1822.  669 


CHAP.  LXXVIIl.  \ 

An  Act  to  incorporate  the  Chester  Turnpike 
Corporation. 

Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  Titus  Doolittle,  Daniel  Persons  incorpo- 
Collius,  Thomas  Fry,  and  Origen  A.  Perkins,  with'^'^''* 
their  associates,  successors  and  assigns,  shall  be,  and 
the  same  hereby  are  created  a  corporation  and  body 
politic,  by  the  name  of  the  Chester  Turnpike  Corpora- 
tion, for  the  purpose  of  making,  maintaining,  and  keep- 
ing in  repair  a  turnpike  road,  from  the  west  end  of 
Walton  Bridge,  so  called,  in  the  Town  of  Chester,  in 
the  County  of  Hampden,  upon  the  present  road  of  the 
Eighth  Massachusetts  Turnpike  Corporation,  to  the 
foot  of  Becket  Mountain,  about  half  a  mile  west  of 
the  dwelling  house  of  Uriah  Ferre,  in  said  Chester;  Direction  of  road 
thence  by  the  new  road,  made  by  the  aforesaid  indi- 
viduals and  their  associates,  and  accepted  by  the  Court 
of  Common  Pleas  for  the  County  of  Hampden,  pursu- 
ant to  authority  granted  to  said  Court,  by  an  act  of  the 
Greneral  Court,  passed  on  the  thirteenth  day  of  Febru- 
ary, in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  nineteen,  to  the  Becket  Turnpike,  with  all 
the  privileges  and  immunities,  incident  to  incorpora-  poweH  and  pii- 
tions,  and  subject  to  all  the  pains,  penalties  and"'*"^"' 
forfeitures,  imposed  in  and  by  the  act  for  establishing 
a  corporation,  by  the  name  of  the  Eighth  Massachu- 
setts Turnpike  Corporation. 

Sec.  2.  Be  it  further  enacted.  That  the  corporation 
hereby  established,  shall  have  power  to  erect  a  gate 
upon  said  road,  at  such  place  as  may  be  deemed  most 
convenient  for  collecting  the  toll,  between  the  house  of 
Uriah  Ferre  and  the  old  tavern  house  of  John  Dewey, 
in  said  Chester;  and  shall  be  entitled  to  receive  at 
said  gate,  from  each  traveller  or  passenger,  the  same 
rate  of  toll,  as  the  Eighth  Massachusetts  Turnpike  Rate  of  t^is. 
Corporation  are  now  by  law,  authorized  to  receive  at 
their  gate,  in  Russell. 


670 


CHESTER  TURNPIKE  CORP.     Feh.  14,  1822. 


Application  of 
former  law. 


Sec.  3.  Be  it  fiirtJier  enacted,  That  the  provisions 
of  the  third,  fourth,  fifth,  ninth,  tenth,  eleventh  and 
twelfth  sections  of  the  aforesaid  act,  entitled  "  an  act' 
for  establishing  a  corporation,  by  the  name  of  the 
Eighth  Massachusetts  Turnpike  Corporation,  shall  be 
extended  and  applied  to  the  corporation  hereby  esta- 
blished, as  fully,  and  to  all  intents  and  purposes,  as  if 
the  same  had  been  here  specially  recited. 

Sec.  4.  Be  it  further  enacted,  That  the  said  Eighth 
Massachusetts  Turnpike  Corporation  be,  and  hereby 
are  exonerated  and  fully  discharged  from  all  and  any 
liability  to  maintain  or  keep  in  repair  their  said  road, 
west  of  Walton  Bridge,  so  called,  in  the  Town  of 
Chester. 

Sec.  5.  Be  it  further  enacted,  That  the  alterations 
made  in  the  road  of  the  Eighth  Massachusetts  Turn- 
pike Corporation,  in  conformity  with  the  report  of  the 
Committee  appointed  by  a  resolve  passed  on  the  ninth 
day  of  February,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  twenty,  to  view  said  road,  be  esta- 
blished and  confirmed  :  Provided,  always,  that  nothing 
herein  contained  shall  have  any  effect  upon  any  suit 
or  suits  now  pending,  or  any  cause  of  action  now  ex- 
isting, for  any  damage  done  by  the  laying  out,  or 
making  said  new  road. 

Sec  6.  Be  it  further  enacted,  Th^ii  Tiius  J)oo\[ii\e 
and  Daniel  Collins,  are  hereby  authorized  to  call  a 
First  meeting,  meeting  of  all  persons  interested  in  the  corporation 
hereby  established,  to  be  hoiden  at  the  house  of  Daniel 
Collins,  in  said  Chester,  by  giving  notice  thereof,  four- 
teen days  at  least,  before  the  time  of  said  meeting,  in 
one  of  the  newspapers  printed  in  Springfield,  and  by 
posting  up  notices  at  the  dwelling  house  of  Uriah 
Ferre,  in  said  Chester,  and  Eleida  Kingsley,  in  the 


Exemptions. 


Pro  visionary 
CDufirmation. 


Town  of  Becket;  which 


meeting  shall 


be  hoiden  in 


the  month  of  March  or  April  next ;  and  the  meeting 
so  convened  as  aforesaid,  may  then  and  there  proceed 
Election  of  offi- to  clect  such  officcrs,  and  establish  such  by-laws  and 
other  regulations,  as  they  may  deem  just  and  expedi- 
ent, for  the  due  management  of  the  affairs  of  said 
corporation ;  provided,  the  same  are  not  inconsistent 
with  the  laws  of  this  Commonwealth. 

[Approved  by  the  Governor,  February  14th;  1822.] 


GLOUCESTER  CANAL  CORP.     Feh,  16,  1822.  671 

CHAP.  LXXIX. 

An  Act  to  establish  the  Gloucester  Canal  Corporation. 

.  Sec.  1.  XjE  it  enacted  by  the  Senate  and  House  of 
Representatives f  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  William  Pearce,  Ben-  persons  incoipo- 
jamin  K.  Hough,  James  Mansfield,  William  Pearce, '*""'■ 
Junior,  John  Mason,  William  Saville,  Samuel  Gilbert, 
E.  Dale,  William  Beach,  Eli  Slacy,  Ephraim  Brown, 
Junior,  Zachariah  Stevens,  Abraham  Williams,  Junior, 
C.  L.  Roberts,  W^inthrop  Sargent,  David  Harraden, 
Aaron  Day,  and  William  W.  Parrott,  their  associates 
and  successors,  be,  and  they  hereby  are  made  a  cor- 
poration and  body  politic  forever,  by  the  name  and 
style  of  the  Proprietors  of  the  Gloucester  Canal ;  with 
all  the  powers,  privileges  and  immunities  incident  to  a  General  powers. 
corporation  aggregate  ;  and  said  corporation  is  hereby 
made  capable  in  law,  of  having,  holding,  purchasing, 
and  taking,  in  fee  simple,  or  in  any  less  estate,  by 
gift,  grant,  devise  or  otherwise,  any  lands,  tenements.  May  how  Eeai 
hereditaments  or  other  estate,  real,  personal  or  mixed, 
necessary  for  the  making,  upholding  and  maintaining 
a  navigable  canal  or  canals,  in  the  Town  of  Glouces-wayopencanai. 
ter,  to  connect  the  waters  of  Boston  and  Ipswich  Bays, 
as  formerly;  Provided,  nevertheless,  that  the  amount  Proviso, 
thereof  shall  not  exceed  the  sum  of  one  hundred  thou- 
sand dollars. 

Sec.  2.  Be  it  further  enacted,  That  said  corporation 
shall  have  a  common  seal,  and  shall  be  capable  in  law, 
to  prosecute  and  defend  to  final  judgment  and  execu- 
tion, any  action  or  other  process,  before  any  court, 
tribunal  or  magistrate  whatever,  and  to  do  and  perform 
all  such  other  acts,  matters  and  things,  as  an  aggregate 
corporation  may,  or  of  right  can  do.  And  they  shall 
have  power  to  make  and  establish  such  by-laws  and  By-Laws, 
regulations,  as  they  may  find  necessary  or  useful  for 
the  well  ordering  and  governing  their  officers,  agents, 
servants,  estates,  rights,  property  and  interests :  And 
they  shall  have  power  to  appoint  a  President,  Trea- officers  w be ap- 
sureFj  Secretary^  and  such  other  officers,  agents  and^"*"^^*^' 


672 


GLOUCESTER  CANAL  CORP.     Feh.  16,  1822. 


servants,  as  they  may  find  necessary  and  convenient 
for  them,  and  to  invest  them  with  such  powers,  and 
Duties  of  officers,  subject  them  to  such  duties,  as  maybe  provided  in  and 
Proviso.  by  the  by-laws  and  regulations  aforesaid ;  provided, 

the  same  are  not  repugnant  to  the  laws  of  this  Com- 
monwealth. 

Sec.  3.  Be  it  further  enacted.  That  said  corpora- 
tion shall  have  power  to  explore,  mark  and  lay  out 
one  or  more  parcels  of  marsh  or  upland,  not  more  than 
thirty  rods  wide,  from  low  water  in  the  harbor  of  Glou- 
Generai  powers  cestcr,  aud  exteudiug  across  the  highway  as  it  now 
foropcmligca-  gocs  iuto  the  TovvH  of  Gloucester,  to  the  bar  at  the 
1     entrance  of  Annisquara   River,  in  any  direction  most 
convenient  for  them,  by  making  the  owners  thereof  a 
smtisfaction  to   rcasouable  compensation  for  the  same,  (which  compen- 
ownersoiiand.   gg^j^^^jj^  jf  gg^|j   owncrs  aud  corporatiou  cannot  agree 

upon,  shall  be  decided  by  three  disinterested  freehold- 
ers, living  within  the  vicinity  of  said  marshes  or  land 
so  taken,  one  to  be  appointed  by  each  party,  and  the 
other  by  those  two,  and  the  cost  to  be  paid  equally  by 
the  parties,)  through  and  over  any  of  which  parcels  of 
marsh  or  land,  they  may  dig,  make  and  complete  a 
navigable  canal  or  canals  of  suitable  width  and  depth 
for  the  passage  of  vessels  drawing  six  or  more  feet  of 
water ;  and  for  the  purpose  of  maintaining  said  canal 
or  canals,  the  said  corporation  are  hereby  authorized 
to  make,  in  any  part  of  such  canal  or  canals,  in  any 
part  of  Annisquam  River,  or  at  the  extremities  thereof, 
all  such  embankments,  piers,  locks,  gates  or  wharves, 
and  other  works,  as  well  above  as  below  low  water 
mark,  as  may  be  convenient  or  necessary  for  the  pur- 
poses 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  or  dig  under,  or 
otherwise  injure  any  part  of  said  canal  or  canals,  or 
any  work  or  works  connected  with  or  appertaining  to 
Damages  by  vio-  the  Same,  or  any  part  thereof,  such  person  or  persons, 
ience,tobepaid^^^,  ^^^^y  such  offeuce,  shall  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  sustain- 
ed by  means  of  the  said  trespass  3  to  be  sued  for  and 


ftr. 


GLOUCESTER  CANAL  CORP.     Feb.  16,  1822.  673 

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,  suiu  foi  dama- 

and,  on  conviction  thereof,  shall  be  sentenced  to  pay  a^"* 

fine,  to  the  use  of  the  Commonwealth,  of  not  less  than 

ten  dollars,  or  more  than  one  hundred  dollars. 

Sec.  5.  Be  it  further  enacted,  That  the  stock  and 
property  of  said  corporation  shall  be  divided  into  two 
hundred  shares,  certificates  of  which  shall  issue  under  shares  of  coi-po. 
the  seal  of  said  corporation,  and  be  signed  by  the  Pre- '^"°"' 
sident  and  Treasurer  thereof;  and  the  said  shares  shall 
be  taken  and  deemed  to  be  personal  estate,  and  may  be 
transferred  by  endorsement;  and  such  transfer  shall  besharestraasfera- 
recorded  by  the  Secretary  of  said  corporation ;  and  the 
said  corporation  may  make  assessments  on  the  shares, 
for  the  purpose  of  effecting  the  objects  of  the  corpo- 
ration :  Provided,  however,  that  the  whole  amount  of  prowso. 
assessments  on  each  share,  after  deducting  the  amount 
of  all  dividends  previously  declared  thereon,  shall  not 
exceed  the  sum  of  fifty  diillars ;  and  in  case  the  amount 
of  fifty  dollars,  so  assessed  on  each  share,  will  not  sup-  Limitation  ot 
ply  the  necessary  funds,  the  corporation  may  raise  ti^g,*""""^"'^- 
funds  required,  by  selling  any  shares  not  subscribed 
for,  or  by  creating  any  necessary  number  of  shares  over 
and  above  the  said  two  hundred :  And  if  the  proprietor 
of  any  share  or  shares  shall  refuse  or  neglect  to  pay 
any  assessment,  for  the  term  of  thirty  days  after  the 
same  hath  become  due,  the  share  or  shares  on  which 
there  is  a  delinquency,  may  be  sold  at  public  auction,  Delinquent 
notice  of  the  time  and  place  being  given  by  the  Trea-s^'o^ar"""'^'"' 
surer  of  said  corporation,  in  two  public  newspapers 
printed  in  Boston,  three  weeks  at  least,  before  the  time 
appointed  for  such  sale ;  and  also  by  posting  up  said 
notice  within  the  Town  of  Grloucester,  ten  days  at 
least  before  such  sale ;  and  the  proceeds  of  such  sale 
shall  be  applied  to  the  payments  due  on  the  share  or 
shares  so  sold,  with  incidental  charges ;  and  the  sur- 
plus, if  any,  shall  be  paid  to  the  fovmer  owner,  or  his 
legal  representative,  on  demand  ;  and  such  sale  shall 
give  good  and  complete  title  to  the  purchaser  or  pur- 
chasers of  such  share  or  shares,  and  he  shall  receive  a 
new   certificate   thereof:  Provided,  however ,  that,  ifprovis,*. 
before  the  actual  sale  of  any  such  delinquent  share  or 


674 


GLOUCESTER  CANAL  CORP.    Feh,  16,  1822. 


Rates  of  Toll. 


Cvutracls  for 
Tolls. 


shares,  the  proprietor  thereof  pay  the  assessments  due 
thereon,  with  interest  from  the  time  they  became  due, 
and  all  necessary  and  reasonable  charges,  the  sale 
shall  not  proceed. 

Sec.  6.  Be  it  further  enacted,  That  said  corporation 
shall  be  entitled  to  ask.  and  receive,  for  their  sole  use 
and  benefit,  of  and  from  all  vessels,  boats,  rafts  or 
other  articles  passing  through  said  canal  or  canals,  fees 
or  tolls,  not  exceeding  the  following  rates:  For  all 
registered,  licensed  or  enrolled  vessels,  loaded  and 
drawing  more  than  six  feet  of  water,  six  cents  per  ton ; 
all  vessels  as  aforesaid,  not  loaded,  and  drawing  less 
than  six  feet  of  wat&r,  four  cents  per  ton ;  for  all  rafts 
of  timber,  thirty  cents  per  ton  ;  for  all  rafts  of  sawed 
lumber  of  one  inch  in  thickness,  seventy  five  cents 
per  thousand  feet;  and  other  sawed  lumber  in  pro- 
portion, according  to  its  thickness ;  for  every  thou- 
sand of  shingles,  twelve  and  an  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  a  sail  boat,  if  over  two  tons, 
twenty  five  cents  per  ton ;  and  for  all  other  boats  and 
articles,  passing  through  said  canal  or  canals,  such 
reasonable  toll,  in  proportion  to  the  rates  aforesaid,  as 
may  be  fixed  by  the  corporation :  and  shall  also  be 
entitled  to  ask  and  receive  of  and  from  every  vessel, 
boat,  raft  or  other  thing  entering  said  canal  or  canals, 
and  not  passing  through  the  same,  such  reasonable  rate 
of  toll,  dockage,  anchorage  and  wharfage,  as  may  be 
fixed  by  the  regulations  of  said  corporation ;  the  tonnage 
in  all  cases  to  be  ascertained  by  the  register,  or  coast- 
ing or  fishing  license  of  the  vessel  passing  said  canal 
or  canals ;  and,  in  all  cases,  the  amount  of  toll,  dock- 
age, anchorage  or  wharfage,  due  from  any  vessel,  boat, 
raft  or  other  thing  or  article,  shall  be  a  lien  in  favor 
of  said  corporation,  on  such  vessel,  boat  or  raft,  or 
other  thing  or  article,  until  the  amount  due  as  afore- 
said be  paid  to  said  corporation  :  and  the  said  corpo- 
ration may  coi^tract  by  the  yeai'  or  otherwise,  with  any 
person  or  persons  in  the  habit  of  passing  through  said 
eanal  or  canals,  in  writing,  on  such  terms  as  may  be 


GLOUCESTER  CANAL  CORP.    Feb.  16,  1822.  675 

mutually  agreed  upon;  and   such  contract,  so  made, 
shall  be  binding  on  the  parties. 

Sec.  7.  Be  it  further  enacted.  That  it  shall  be  the 
duty  of  said  corporation  to  make  and  keep  in  good  re- Bndgetobekept 
pair,  at  all  times,  a  good  and  sufficient  bridge  with  a"''^''^"* 
draw,  over  said  canal  where  the  road  now  passes  into 
the  Town  of  Gloucester,  which  may  be  taken  for  the 
same,  for  the  passage  of  teams,  mail  stages  and  car- 
riages, and  every  thing  else  necessary  for  public  con- 
venience, toll  free. 

Sec.  8.  Be  it  further  enacted,  That  the  stock  and 
property  of  said  corporation  shall  be  exempted  from  Exemption  froi» 
all  public  taxes,  until  a  dividend  shall  be  made  on  the 
shares  of  said  corporation,  equal  to  an  annual  income 
of  six  per  centum  on  the  money  actually  expended  by 
said  corporation  in  making  said  canal  or  canals,  and 
other  ^vorks  connected  with,  and  appertaining  to  the 
same. 

Sec.  9.  Be  it  further  enacted,  That  no  grant,  au- 
thority or  permission  shall  be  given  or  granted  to  any 
person  or  persons,  corporation  or  corporators,  to  make 
any  canal  or  canals  connecting  the  waters  of  Boston 
and  Ipswich  Bays,  through  Annisquam  River  or  creeks  Privileges  of  the 
emptying  into  the  same,  without  the  consent  of  the  cor-  ^"'^p°'''^"'"- 
poration   hereby  created :   Provided,  however,  if  the  proviso. 
said  corporation  shall  not  complete  a  canal  or  canals 
as  aforesaid,  passable  for  vessels  drawing  at  least  six 
feet  of  water,  within  six  years  from  and  after  the  pass- 
ing of  this  act,  the  same  shall  be  void. 

Sec.  10.  Be  it  further  enacted,  That  any  four  of 
the  persons  named  in  the  first  section  of  this  act,  may 
call  the  first  meeting  of  said  corporation,  to  be  holden  First  Meeting. 
at  such  time  and  place  as  they  may  judge  proper ;  of 
which  meeting  they  shall  give  notice,  by  publishing 
the  same  in  any  two  of  the  Boston  newspapers,  the 
first  publication  to  be  at  least,  fourteen  days  previous 
to  said  meeting ;  and  at  meetings  of  said  corporation, 
one  vote  shall  be  allowed  to  one  share,  and  one  vote 
for  every  additional  two  shares  owned  by  the  same  condition  of 
proprietor :  Provided,  no  one  proprietor  shall  be  al- ""  ^' 
lowed   more  than  five  votes,  and  absent  proprietors 
may  vote  by  proxy,  duly  authorized  in  writing. 

Sec.  11.  Be  it  further  enacted^  That  the  Governor 
88 


676  LEXINGTON  ACADEMY.  Feh.  16,  1822. 

and  Council  may  authorize  the  Treasurer  of  this  Com- 
siate  may  sub- mon  Wealth  to  subscribe  for  not  exceeding  thirty  shares 
wribe for  shares.  .^^  the  aforesaid  corporation,  they  first  being  satisfied 

of  the  public  utility  of  the  same,  and  being  requested 

by  a  legal  vote  of  the  corporation,  to  subscribe  for  the 

same. 

[Approved  by  the  Governor,  February  16th,  1822.] 


CHAP.  LXXX. 

An  Act  to  establish  Lexington  Academy. 

Sec.  1.  KE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  there  be,  and  hereby  is 
established,  in  the  Town  of  Lexington,  in  the  County 
of  Middlesex,  an  academy,  by  the  name  of  Lexington 
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  Rufus  Meriam,  Esquire, 
Doctor  Joseph  Fiske,  John  P.  Meriam,  Esquire,  Doc- 
tor Stilman  Spaulding,  Nathan  Reed,  John  Augustus, 
Joshua  Simonds,  Joseph  Simonds,  Christopher  Reed, 
Trtistees.  Nathaniel  Harrington,  William  Chandler,  Aaron  P. 
Richardson,  Thomas  Tufts,  Nathan  Harrington,  Ju- 
nior, Nathan  Dudley,  Hammond  Reed,  Ebenezer  Si- 
monds, Thomas  Greenleaf,  Jonathan  Munroe,  Francis 
Wyman,  and  William  Smith,  Junior,  be  nominated 
and  appointed  Trustees ;  and  they  are  hereby  incor- 
porated into  a  body  politic,  by  the  name  of  the  Trus- 
tees of  Lexington  Academy ;  and  that  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  be  hereafter  given,  grant- 


LEXINGTON  ACADEMY.  Fel.  16,  1822.  677 

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,  orMayhoidReai 

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  pi'ofits  thereof,  so  as  most  effectually  to  promote 

the  design  of  the  institution. 

Sec.  3.  Be  it  further  enacted,  That  said  Trustees, 
for  the  time  being,  shall  be  the  visitors  and  governors  of 
said  institution,  and  shall  have  full  power,  from  time 
to   time,  to  elect  such  officers  thereof,  as  they  shall  Election  ef  os 
judge  necessary  and  convenient,  and  fix  the  tenure  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  vacancies  to  be 
Trustees,  by  electing   suitable   persons    therefor;    to    "  "*' 
determine  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  their  duties;  to  makeouaes  of  officer?, 
and  ordain  reasonable  rules,  orders  and  by  laws,  with 
reasonable  penalties,  for  the  government  of  the  institu- 
tion; provided,  the  same  be  not  repugnant  to  the  laws 
of  this  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 
Secretary  of  said  Trustees,  by  their  order,  shall  be  General  powers. 
good  and  valid  in  law ;  and  said  Trustees  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  Lexington  Academy. 

Sec.  5.  Be  it  further  enacted,  That  the  number  of  Limited  number 
said  Trustees  shall  never  exceed  twenty  one,  nor  be 
less  than  nine,  seven  of  whom  shall  be  necessary  to 
constitute  a  quorum  for  doing  business;  but  a  less 


678 


MASS.  CHAR.  FIRE  SOC. 


Feb.  16,  1822. 


number  may  adjourn  from  time  to  time;  and  a  majori- 
ty of  those  present  shall  always  decide  all  questions 
that  may  properly  come  before  said  Trustees,  except 
that  a  majority  of  all  the  Trustees  shall  be  necessary 
to  remove  or  elect  any  Member  of  the  Board :   Provi- 

proTiso.  ded,  that  the  proportion  of  said  Trustees,  who  shall  be 

inhabitants  of  the  Town  of  Lexington,  shall  never  be 
greater  than  iive  ninths  of  the  whole  number. 

Sec.  6.  Be  it  further  enacted,  That  Rufus  Meri- 
am,  Esquire,  be,  and  he  is  hereby  authorized  and  em- 
powered to  fix  the  time  and  place  for  holding  the  first 

FirstMeetine.    meeting  of  the  Trustees,  and  to  notify  them  thereof. 

[Approved  by  the  Governor,  February  16th,  1822.] 


CHAP.  LXXXI. 


Extension  of 
powers. 


Prjmso. 


An  Act  in  addition  to  an  Act,  entitled  ^^An  Act  incor- 
porating certain  persons  into  a  Society,  by  the  name 
of  the  Massachusetts  Charitable  Fire  Society." 

JDE  it  enacted  by  the  Senate  and  House  of 
liejjresentatives,  in  General  Court  assembled,  and  by  1 
the  authority  of  the  same,  That  the  Massachusetts  Cha- 
ritable Fire  Society,  or  the  Trustees  of  the  same,  be, 
and  they  are  hereby  authorized  and  empowered  to  ap- 
propriate and  dispose  of  such  part  of  the  interest, 
accruing  from  the  funds  of  said  society,  to  any  other 
charitable  purpose  or  purposes,  than  those  mentioned 
in  the  act,  entitled  ^*  an  act  incorporating  certain  per- 
sons into  a  society,  by  the  name  of  the  Massachusetts 
Charitable  Fire  Society,"  and  to  such  benevolent  in- 
stitutions within  this  Commonwealth,  as  the  Trustees 
of  the  said  society,  or  a  major  part  of  them,  shall  from 
time  to  time,  deem  fit  and  proper:  Provided,  however^ 
that  no  donation  or  appropriation  of  the  interest  as 
aforesaid,  shall  exceed  the  sum  of  three  hundred  dol- 
lars, at  any  one  time,  or  to  any  one  charitable  purpose 
or  benevolent  institution,  until  the  same  shall  have  re- 


WEST  BRIDGEWATEK.  Feb,  16,  1822.  679 

ceived  the  approbation  and  consent  of  the  said  Massa- 
chusetts Charitable  Fire  Society,  at  a  meeting  duly 
notified  and  holden  for  that  purpose. 

[Approved  by  the  Governor,  February  16th,  1822.] 


CHAP.  LXXXII. 

An  Act  to  establish  the  Town  of  West  BridgewateF. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  all  the  land  comprised 
within  the  West  Precinct  of  the  Town  of  Bridge  water, 
according  to  the  present  territorial  limits  thereof,  to- 
gether with  the  inhabitants  thereon,  be,  and  the  same 
hereby  are  incorporated  into  a  Town,  by  the  name  of 
West  Bridgewater,  and  invested  with  all  the  powers  xitie. 
and  privileges,  and  subject  to  all  the  duties  afid  requi- 
sitions, to  which  towns  in  this  Commonwealth  are  by 
the  constitution  and  laws  entitled  and  subjected. 

Sec.  2.  Be  it  further  enacted,  That  the  inhabitants 
of  said  Town  of  West  Bridgewater  shall  be  holden  to 
pay  all  arrears  of  taxes,  which  have  been  assessed  orpaymem  of  ar 
directed  to  be  assessed  upon  them,  by  the  Town  of""''^''"^'*''*" 
Bridgewater,  and  shall  be  entitled  to  receive,  hold  and 
enjoy  such  proportion  of  all  debts  and  taxes  now  due, 
and  assessments  voted  to  said  Town  of  Bridgewater, 
and  such  proportion  of  all  the  privileges  and  proper- 
ty, real  or  personal,  now  belonging  to  said  Town  of 
Bridgewater,  of  what  kind  soever  it  may  be,  as  the 
property  of  said  inhabitants  of  West  Bridgewater  bears 
to  the  property  of  all  the  inhabitants  of  said  Town  of 
Bridgewater,  accordins;  to  the  latest  valuation  thereof; 
and  they  shall  be  holden  to  pay  their  proportion,  to  conditions  or 
be  ascertained  as  aforesaid,  of  all  the  debts  now  jyg""i'°'^^t^p°'''^~^ 
and  owing  from  said  Town  of  Bridgewater,  and  of  all 
expenses,  costs,  or  fines,  that  may  arise  on  any  indict- 
ment now  pending  against  said  Town  of  Bridgewater. 


680  FISHERY  IN  PEMBROKE.  Feb.  16,  1822, 

Sec.  3.  Jh  it  further  enacted,  That  the  said  Town 
of  West  Bridgcwater  shall  be  holden  to  support  their 
proportion  of  the  poor  of  the  Town  of  Bridgewater, 
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 
Biidgewater  and  West  Bridgewater,  shall  be  consi- 
dered as  belonging  to  that  town,  on  the  territory  of 
"which  they  had  their  settlement,  at  the  time  of  passing 
this  act,  and  shall  in  future,  be  chargeable  to  that 
town  only. 

Sec.  4.  Be  it  further  enacted^  That  any  Justice  of 
the  Peace  for  the  County  of  Plymouth,  is  hereby  au- 
thorized to  issue  his  warrant  directed  to  any  freeh<d- 
der  of  the  said  Town  of  West  Bridgewater,  requiring 
First  Meeting  for  him  to  wam  the  inhabitants  thereof,  to  meet  at  the 
Offices"  ""^"time  and  place  therein  appointed,  for  the  purpose  of 
choosing  such  town  officers,  as  towns  are  by  law,  re- 
quired to  choose  at  their  annual  meetings. 

[Approved  by  the  Governor,  February  16th,  1822.] 


CHAP.  LXXXIII. 

An  Act  explanatory  of  the  Fourth  Section  of  an  Act,  en- 
titled "An  Act  to  establish  the  Town  of  Hanson." 

Sec.  1.  DE  it  enacted  by  the  Senate  and  House  of 
liepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  from  and  ajter  the 
passing  of  this  act,  it  shall  be  the  duty  of  the  select- 
men of  the  Town  of  Pembroke,  between  the  twentieth 
and  thirtieth  days  of  March,  in  each  and  every  year, 
to  make  out  a  list  of  the  names  of  all  heads  of  fami- 
lies in  the  said  Towns  of  Pembroke  and  Hanson,  (the 
names  from  the  Town  of  Hanson,  to  be  furnished  by 
the  Selectmen  of  that  town,  on  or  before  said  twentieth 
day  of  March;)  and  after  having  giveu  due  notice  to 


FISHERY  IN  PEMBROKE.  Feb.  16,  1822.  681 

the  Selectmen  of  said  Town  of  Hanson,  of  the  time 
and  place  of  meeting,  that  they  may  be  present,  shall 
determine  by  lot,  between  the  inhabitants  of  said  towns,  chances  by  lo*. 
wlio  shall  first  be  supplied  with  the  fish  called  ale- 
wives,  taken  in  pursuance  of  the  laws  regulating  the 
alewive  fishery  in  the  Town  of  Pembroke,  in  the 
manner  practiced  in  the  Town  of  Pembroke,  prior  to 
the  division  thereof. 

Sec.  2.  Be  it  further  enacted^  That  such  person 
or  persons,  as  shall  hereafter,  have  the  right  to  catch 
alewives  in  said  Town  of  Pembroke,  under  the  seve- 
ral laws  regulating  said  fishery  in  said  town,  shall 
furnish  and  supply  to  each  of  the  heads  of  families  in 
said  Town  of  Hanson,  in  their  turn,  on  demand,  with 
as  many  of  said  fish  as  shall  be  furnished  to  each  of  Division  of  flii. 
the  families  in  the  said  Town  of  Pembroke;  and  the 
person  or  persons,  authorized  as  aforesaid,  to  catch 
said  fish,  shall,  in  no  case,  demand  or  receive  of,  or 
from  any  of  the  inhabitants  of  said  Town  of  Hanson,  Limited  price  of 
more  than  twenty  five  cents  per  hundred,  and  after  that 
rate  for  a  greater  or  less  number. 

Sec.  3.  Be  it  further  enacted,  That  whenever,  and 
as  often  as  the  Selectmen,  or  the  person  or  persons, 
authorized  to  catch  and  dispose  of  the  alewive  fish,  in 
said  Town  of  Pembroke,  under  the  laws  regulating 
said  fishery  therein,  shall  refuse  or  neglect  to  comply 
with,  and  execute  the  provisions  of  the  two  first  sec- 
tions of  this  act,  the  inhabitants  of  the  said  Town  of 
Pembroke  shall  forfeit  and  pay  a  sum  of  not  less  than  Forfeitures, 
twenty,  nor  more  than  fifty  dollars,  for  each  offence; 
to  be  recovered  on  an  action  of  debt,  one  moiety  thereof 
to  the  use  of  any  inhabitant  of  said  Town  of  Hanson, 
■who  shall  first  sue  for  the  same,  and  the  other  moiety 
to  the  use  of  the  said  Town  of  Hanson. 

[Approved  by  the  Governor;  February  16th,  1822.] 


682  FARMERS'  HOTEL.  Feh.  18,  1822. 


CHAP.  LXXXIV. 

An  Act  to  incorporate  the  Proprietors  of  the  Farmers' 
Hotel,  iii  the  Town  of  Brighton. 

Sec.  1.  OE  if  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Samuel  Wyllys  Pome- 

Fersons incorpo- roy,  Thadfleus  Baldwin,  John  Murdock,  Edward  H. 

rated.  Kobbins,  Junior,  and  Francis  Moore,  and  their  asso- 

ciates, successors  and  assigns,  be,  and  they  are  hereby 
constituted  a  body  politic  and  corporate,  by  the  name 
of  the  Farmers'  Hotel :  And  the  said  corporation,  by 
the  same  name,  are  hereby  declared  and  made  capa- 
ble in  law,  to  sue  and  be  sued,  plead  and  be  implead- 

©enerai  powers,  ed ;  to  havc  a  commou  seal,  and  the  same  to  alter  and 
renew  at  pleasure;  and  generally  to  do  and  execute 
whatever,  by  law,  shall  appertain  to  bodies  politic. 

Sec.  2.  Be  it  further  enacted,  That  the  said  corpo- 
ration is  hereby  declared  capable  to  have,  hold,  and 

May  hold  Real   posscss   Certain   real   estate,  situate  in  the  Town  of 

Estate.  Brighton,  that  may  hereafter  be  purchased  by  them, 

together  with  all  the  rights,  privileges,  and  appurte- 

proviso.  nances  belonging  to  the  same ;  provided,  the  lawful 

proprietors  thereof  shall  legally  convey  the  same  to 
said  corporation.    And  the  said  corporation  shall  have 

May  sell  propel- power  to  scll,  grant,  and  alien,  in  fee  simple  or  other- 

*^*  wise,  their  corporate  property,  or  any  part  thereof,  in 

said  Town  of  Brighton;  and  to  lease,  manage,  and 
improve  the  same,  according  to  the  will  and  pleasure  of 
the  said  corporation,  to  be  expressed  at  any  legal  meet- 
ing :  Provided,  that  the  said  corporation  shall,  within 
three  years  from  the  passing  of  this  act,  erect  on  some 

stite  of  Hotel,  eligible  scite,  a  spacious  hotel,  in  said  Brighton;  the 
walls  of  which,  to  be  built  of  stone  or  brick,  and  other 
buildings  of  such  materials  as  may  be  found  conveni- 
ent, and  that  shall  be  deemed  requisite  by  said  corpo- 
ration, to  afford  ample  accommodation  for  such  an 
establishment:  Provided,  always,  and  it  is  hereby  un- 
derstood, that  this  act  of  incorporation  shall  be  liable 
to  be  repealed;  whenever  the  Legislature  shall  deem 


FARMERS'  HOTEL.  Feb.  18,  1822.  683 

it  expedient,  that  the  corporation  hereby  cfeated,  shall  Liabiiuj  to  re- 
be  abolished. 

Sec.  3.  Be  it  further  enacted,  That  the  said  corpo- 
rate property  shall  be  divided  into  shares,  not  exceed- corporate  shares 
ing  four  hundred  in  number,  as  the  said  corporation 
may  find  to  be  most  expedient;  and  the  said  shares 
shall  be  divided  among  the  several  proprietors,  acj- 
cording  to  the  interest  and  portions  which  they  may 
respectively  have  in  said  corporate  property;  and  cer- certificates  of 
tificates  of  such  shares  shall  be  signed  by  the  Presi- 
dent of  the  corporation,  and  issued  to  the  proprietors 
accordingly;  and  the  shares  in  said  corporation  shall 
be  transferal)le  by  endorsement  on  the  back  of  said  shares  transfera- 
certificate;  and  the  property  of  said  shares  shall  be 
rested  in  the  assignee  or  vendee  thereof,  when  a  re- 
cord shall  be  made  of  said  transfer,  by  the  Clerk  of 
the  corporation,  and  new  certificates  shall  be  issued 
accordingly;  and  such  shares  shall  in  all  respects,  be 
considered  as  personal  estate. 

Sec.  4.  Be  it  further  enacted,  That  the  said  corpo- 
ration shall  have  power,  from  time  to  time,  to  assess  Assessments. 
such  sums  of  money  as  may  be  deemed  necessary  to 
carry  into  full  effect  the  object  of  this  incorporation, 
either  for  purchasing  lands,  building,  rebuilding  and 
repairing,  or  for  the  erection  of  pens  and  fences  for 
enclosures,  or  pastures,  and  generally,  for  the  im- 
provement or  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  assessment,  the  said  corporation  may  cause 
such  of  the  shares  of  such  proprietor,  as  may  be  suffi- 
cient therefor,  to  be  sold  at  public  auction,  after  ten  Delinquent 
days  notice,  to  the  highest  bidder;  and  deducting foMr' """^ ''^ 
the  amount  assessed  and  unpaid,  together  with  inter- 
est, and  the  charges  of  sale,  the  surplus,  if  any,  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,  by  him  pur- 
chased, accordingly. 

Sec.  5.    Be  it  further  enacted,  That  the  corporate 
property  which  the  said  corporation  shall  have  and  Limitation  of 
hold  at  one  time,  in  virtue  of  this  act,  shall  not  exceed  pmy!**^'""' 
in  value,  the  sum  of  eighty  thousand  dollars.     And  in 
89 


684 


FARMERS'  HOTEL. 


Feb.  18,  1822. 


Condition  of 
votes. 


Proviso, 


Condition  of 
contracts. 


Personal  liabil- 


Shaves  may  be 
attached. 


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 
lield  in  said  corporation;  iirovided^  always j  that  no 
one  member  shall  ever  be  entitled  to  more  votes  than 
shall  be  equal  to  one  third  part  of  the  corporate  pro- 
perty; and  provided,  also,  that  no  assessment  shall  be 
made  at  any  meeting,  unless  the  same  shall  be  agreed 
to  by  two  thirds  at  least,  in  number  and  value  of  those 
present  or  represented  at  such  meeting,  nor  unless  pub- 
lic notice  shall  have  been  given  at  least  ten  days  pre- 
vious, and  of  the  purpose  of  such  meeting,  by  the 
publication  thereof  in  one  or  more  newspapers  printed 
in  Boston:  Provided,  further,  ihni  no  debt  shall  be 
contracted  by  said  corporation  or  their  agents,  unless 
the  same  is  assented  to  by  seven  eighths  in  number 
and  value,  of  all  the  members  or  proprietors  of  said 


corporation,  in  a 


legal 


meeting; 


and  where  said  pro- 


prietors may  appear  and  act  in  all  cases  by  proxy,  in 
writing. 

Sec.  6.  Be  it  further  enacted,  That  whenever  any 
action  shall  be  commenced  against  said  corporation, 
or  whenever  any  execution  may  issue  against  said  cor- 
poration, on  any  judgment  rendered  in  any  civil  action, 
and  tlie  said  corporation  shall  not  within  fourteen  days 
after  demand  thereof  made  on  the  President,  Treasu- 
rer, or  Clerk  of  said  corporation,  by  the  officer  to 
whom  the  writ  or  execution  against  said  corporation, 
has  been  committed  to  be  served,  shew  to  the  same  offi- 
cer, 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 
execution,  then,  and  upon  such  neglect  and  default, 
the  officer,  to  whom  such  writ  or  execution  may  have 
been  committed  for  service,  shall  serve  and  levy  the 
same  writ  or  execution  upon  the  body  or  bodies,  and 
real  and  personal  estate  or  estates,  of  any  member  of 
said  corporation. 

Sec.  7.  Be  it  further  enacted,  That  the  share  or 
shares,  of  each  and  every  member  of  said  corporation, 
shall  be  liable  to  attachment  on  mesne  process,  at  the 
suit  of  any  creditor,  and  may  be  taken  on  execution, 
and  sold  according  to  law,  to  satisfy  any  judgment 


FARMERS'  HOTEL.  Feh.  18,  1822.  685 

which  may  be  recovered  against  the  members  of  said 
corporation,  respectively,  in  their  respective  private 
capacity,  in  like  manner  as  shares  in  other  corpora- 
tions within  this  Commonwealth,  are  liable  to  attach- 
ment and  seizure  on  execution;  and  the  proceeds  of 
sale  shall  be  applied  as  in  such  cases  is  provided  by 
law,  concerning  shares  of  proprietors  of  other  corpo- 
rations. 

Sec.  8.  Be  it  further  enacted,  That  the  said  S.  W. 
Pomeroy,  Francis  Moore,  or  Edward  H.  Robbins, 
Junior,  may  call  a  meeting  of  said  corporation,  by  ad-  Fust  meeting. 
vertising  the  same  in  any  of  the  newspapers  printed  in 
Boston,  ten  days  at  least,  before  the  time  of  meeting: 
And  the  members  of  said  corporation  may,  at  such 
meeting:,  choose  a  President,  Treasurer,  and  Clerk,  Election  of  oih- 
and  also  make  and  ordain  such  by-laws  and  regula- 
tions, for  the  orderly  management  of  the  affairs  of 
said  corporation,  as  are  not  repugnant  to  the  laws  of 
this  Commonwealth:  xlnd  the  corporation  may,  at 
such,  or  any  other  meeting,  agree  on  the  mode  of  call- 
ing future  meetings,  and  shall  elect  a  President  and 
Clerk,  and  may  elect  all  such  other  officers,  as  said 
corporation  may  think  fit,  for  conducting  and  mana- 
ging the  corporate  affairs  and  estate,  and  the  same 
may  change  and  remove,  as  they  may  think  expedient. 

Sec.  9.  Be  it  further  enacted^  That  the  said  corpo- 
ration shall  be  subject  to  all  the  duties,  and  liable  to  Duties  and  lia^ 
all  the  requirements,  contained  in  an  act,  passed  on 
the  third  day  of  March,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  nine,  entitled  "an  act 
defining  the  general  powers  and  duties  of  manufactu- 
ring corporations,"  and  the  several  acts  in  addition 
thereto. 

[Approved  by  the  Grovernor,  February  18th^  1822.] 


686  MORTGAGES.  Feb.  18,  1822. 


CHAP.  LXXXV. 

An  Act  making  further  pvovision  for  the  redemption 
of  Mortgages. 

Whereas  it  is  sometimes  impossible  or  inconve- 
nient for  mortgagors  or  others,  having  a  right  to  redeem 
mortgaged  lands  or  tenements,  to  ascertain  the  sums 
justly  due  thereon,  so  as  to  make  a  lawful  and  sufli- 
cient  tender  before  commencing  their  suit  for  a  redemp- 
tion of  the  mortgage  ;  Therefore, 

Sec.  1.  BE  it  enacted  by  the  Senate  and  House  of 
Hepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  when  any  mortgagor 
or  other  person,  having  a  right  to  redeem  lands  and 
tenaments  mortgaged  or  granted  upon  condition  by 
deed  of  bargain  and  sale,  with  defeasance,  shall  bring 
his  bill  iu  equity  for  the  redemption  thereof  within 
three  years  next  after  the  mortgagee  or  vendee,  their 
assigns  shall  have  obtained  actual  possession  of  such 
lands  or  tenements,  for  the  condition  broken,  and  shall 
in  his  bill  offer  to  pay  such  sum  as  shall  be  found 

Porterages  reco-justly  aud  cquitably  due,  or  to  perform  such  other 
condition  as  the  case  may  require,  such  offer  shall 
have  the  like  force  and  effect  as  a  tender  of  payment 
or  performance  made  before  the  commencement  of  the 
suit;  and  the  bill  shall  be  sustained  without  any  alle- 

proviso.  gation  or  proof  of  such  previous  tender:  provided,  the 

mortgagee  or  those  claiming  under  him,  shall,  on  re- 
quest, have  refused  or  neglected  truly  to  state  his  or 
their  account,  of  the  sum  due  on  said  mortgage,  before 
the  commencement  of  such  suit.  And  in  such  case,  no 
cost  shall  be  awarded  against  the  mortgagee  or  other 
defendant,  unless  it  shall  appear  that  he  has  unrea- 
sonably refused  or  neglected  to  render  a  just  and  true 
account,  when  thereto  requested,  of  the  money  due  on 
the  mortgage,  and  of  the  rents  and  profits  of  the  mort- 
gaged premises,  and  the  money  expended  in  the  re- 
pairs and  improvements  thereof,  if  any;  or  that  he 
has  otherwise,  by  his  default,  prevented  the  plaiutift'  or 

coiiditionof  the  complainant  from  performins:  or  tenderins;  performance 

Costs  of  Court*  ^  ^    *■  • 

of  the  condition  before  the  commencement  of  the  suit. 


JMORTGAGES.  Feb.  18,  1822.  687 

Sec.  2.  Be  it  further  enacted,  That  when  any 
mortgage  has  been  or  shall  be  made,  for  securing  the 
payment  of  money  only,  and  the  whole  sum  due  there- 
on shall  have  become  payable  according  to  the  terms 
of  the  contract,  the  mortgagor  or  his  assigns,  on  pay- 
ment or  tendering  of  payment  to  the  mortgagee  or  his 
assigns,  of  the  whole  sum  due  as  aforesaid,  may  have 
their  bill  in  equity,  for  the  redemption  of  the  mortga- 
ged premises,  although  the  mortgagee  or  his  assigns  bui  in  Equity. 
shall  not  have  entered  and  obtained  actual  possession 
of  the  mortgaged  premises  for  the  breach  of  the  condi- 
tion ;  or  the  mortgagor  or  his  assigns  may,  in  such 
case,  have  their  bill  in  equity  for  redemption  in  man- 
ner provided  in  the  first  section  of  this  act,  without 
having  made  such  tender  or  payment  before  the  com- 
mencement of  the  suit;  and  in  each  case,  the  cause 
shall  be  heard  and  determined  in  like  manner  as  is  by 
law  provided  on  a  bill  in  equity  brought  after  an  entry 
for  the  breach  of  the  condition:  Provided,  that  when  Proviso, 
the  suit  is  brought,  before  an  actual  entry  by  the  mort- 
gagee or  his  assigns,  and  before  any  tender  or  payment 
made  as  aforesaid,  if  the  mortgagee  or  other  defendant 
to  whom  the  money  is  payable,  shall  be  out  of  the 
Commonwealth,  and  shall  not  have  had  actual  notice 
of  the  suit,  the  Court,  in  which  the  suit  is  pending, 
shall  order  notice  to  be  given  to  such  absent  party,  in  Notice  to  be 
such  manner  as  the  circumstances  of  the  case  may  ap-  ^"^^"' 
pear  to  require,  and  may  continue  the  cause  as  long  as 
may  be  necessary,  in  their  discretion,  to  enable  such 
absent  party  to  appear  and  answer  to  the  suit. 

Sec.  3.  Be  it  further  enacted,  That  no  bill  in  equity 
shall  be  hereafter  brought  or  maintained,  for  the  re- 
demption of  mortgaged  lands  or  tenements,  founded  on  Limitation  of  tiie 
a  tender  of  payment  or  of  performance  of  the  condition  m^ncinVofsuTs" 
made  before  the  commencement  of  the  suit,  unless  the 
suit  shall  be  commenced  within  one  year  from  the 
time  of  passing  this  act,  or  within  one  year  next  after 
the  making  of  such  tender. 

[Approved  by  the  Governor,  February  18th,  1822.] 


688  NAMES  CHANGED.  Feb.  18,  1822. 


CHAP.  LXXXVI. 

An  Act  to  change  the  names  of  the  persons  therein 
mentioned. 

JjE  it  enacted  by  the  Senate  and  House  of 
Represejitatives,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  from  and  after  the' 
passiiii^  of  this  act,  the  several  persons  herein  named, 
shall  be  known  and  called  by  the  names  they  are  re- 
spectively allowed  to  assume,  namely :  That  William 
Hart  Bowles,  bookseller,  may  take  the  name  of  Wil- 
liam Ralph  Hart  Bowles;  that  John  Dana,  merchant, 
may  take  the  name  of  John  Bridge  Dana;  that  Debo- 
rah Eunson  may  take  the  name  of  Deborah  Lincoln; 
that  Peter  Nathaniel  Green,  printer,  may  take  the 
name  of  Nathaniel  Green;  that  Pelham  Holmes,  Ju- 
nior, merchant,  may  take  the  name  of  James  Lobdell 
Holmes ;  that  Joseph  Eckley  Huntington,  son  of  the 
Names  Changed,  late  Revereud  Joshua  Huntington,  may  take  the  name 
of  Joshua  Huntington ;  that  Jason  Jay  Jerome,  broker, 
may  take  the  name  of  John  Jay  Jerome;  that  Sophia 
Lapham,  widow,  may  take  the  name  of  Sophia  Dun- 
bar, and  that  her  son,  Charles  Howard  Lapham,  a 
minor,  may  take  the  name  of  Charles  Howard  Dun- 
bar; that  Charles  Spring,  merchant,  may  take  the 
name  of  Charles  Augustus  Spring ;  that  Edward  Ste- 
vens, gentleman,  may  take  the  name  of  Edward  Lowe 
Stevens;  that  John  Thayer,  a  minor,  son  of  the  Re- 
verend Nathaniel  Thayer,  of  Lancaster,  may  take  the 
name  of  John  Eliot  Thayer;  that  John  Trull,  distill- 
er, son  of  John  Trull,  late  of  Tewksbury,  husband- 
man, deceased,  may  take  the  name  of  John  Wyman 
Trull;  that  Edward  Erving,  sou  of  the  late  Doctor 
Shirley  Erving,  deceased,  may  take  the  name  of  Ed- 
ward Shirley  Erving;  that  Jonathan  Stearns,  grocer, 
son  of  David  Stearns,  late  of  Weston,  may  take  the 
name  of  Jonathan  Packard  Stearns,  all  of  Boston,  in 
the  County  of  Suffolk ;  that  Elizabeth  Cleaveland,  a 
minor,  daughter  of  Parker  Cleaveland,  of  Rowley, 
may  take  the  name  of  Elizabeth  Abigail  Cleaveland  ;< 

I 


NAMES  CHANGED.  Feh.  18,  1822.  689 

that  Joseph  Hoyt,  Junior,  of  Araesbuvy,  chaise  maker, 
may  take  the  name  of  Job  Hoyt;  that  Hannah  Hardy, 
of  JSradford,  single  woman,  daughter  of  Reuben  Har- 
dy, of  said  Bradford,  deceased,  may  take  the  name  of 
Hannah  Coves  Hardy;  that  Jacob  Boardman  Patten,  of 
Amesbury,  gentleman,  may  take  the  name  of  Charles 
Boardman   Patten;    that  Herbert  Peabody,  a  minor, 
son  of  Hamnel  Peabody,  Junior,  of  8alem,  may  take 
the  name  of  Herbert  Cheever  Peabody;  that  Ebenezer 
Sargent,  of  Amesbury,  chaise  maker,   may  take  the 
name  of  Noah   Sargent;    that   Edward   Sargent,   of 
Amesbury,  potter,  may  take  the  name  of  Smith  Sar- 
gent; that  Mary   Ann  Cleaveland  Spaulding,  of  By- 
field,  may  take  the  name  of  Mary  Ann  Cleaveland  ; 
that  Sarah  Toppan  Boardman,  a  minor,  daughter  of 
Olfin  Boardman,  of  Newburyport,  may  take  the  name 
of  Sarah  Grreenleaf  Boardman ;  that  Clement  Trickey, 
of  Salem,  trader,  may  take  the  name  of  Clement  Tra- 
cy, all  of  the  County  of  Essex ;  that  Billy  Onthank, 
of  Holliston,  may  take  the  name  of  William  Newton 
Onthank;    that  William  Blanchard,  a  minor,  son  of 
Isaac  Blanchard,  of  Charlestown,  may  take  the  name  Names  changed, 
of  Sampson  Stoddard  Blanchard ;  that  Napoleon  Bo- 
naparte Hemenway,  of  Framingham,   may  take  the 
name  of  Charles  Hemenway  ;  that  Amos  Prescott,  la- 
borer, of  Westford,  now  resident  in   Pepperell,  may 
take  the  name  of  Amos  Fletcher  Prescott;  that  Fred- 
erick Manson,  Junior,  of  Cambridge,  printer,  may  take 
the  name  of  Frederick  Hurlburt   Manson;    that  Ira 
Sawyer,  of  Marlborough,  laborer,  may  take  the  name 
of  Alfred  Ira  Sawyer ;  that  xlmos  Cox,   of  Weston, 
son  of  Joseph  Cox,  of  Waltham,  may  take  the   name 
of  Daniel  Wyman;  that  Nathan  Weston,  of  Charles- 
town,  school- master,  may  take  the  name  of  Alexander 
Nathan   Weston,   all  of  the  County  of  Middlesex; 
that  Silas  Allen,  of  Dorchester,  may  take  the  name  of 
William  Winthrop  Allen;  that  George  Minot,  the  3d, 
of  Dorchester,  may  take  the  name  of  George  Nathaniel 
Minott;  that  Willard  Savage,  of  Needham,  may  take 
the  name  of  Alonzo  Temple;  that  Alice   Sumner,  of 
Brookline,  may  take   the  name  of  Alice  Elizabeth 
Sumner,  all  of  the  County  of  Norfolk;  that  William 
;Mendell;  the  2d;  of  Kochester^  in  the  County  of  Ply- 


690  J.  BAKER  AND  OTHERS.  Feb.  18,  1822. 


mouth,  may  take  the  name  of  William  P.  Mendell; 
that  John  Thurston,  the  3d,  of  Lancaster,  trader,  in  the 
County  of  Worcester,  may  take  the  name  of  John 
Gates  Thurston;  that  Peter  Hunt,  Junior,  of  Seekonk, 
in  the  County  of  Bristol,  may  take  the  name  of  Peter 
Names  Changed. Brown  Hunt;  that  Darius  Morris,  of  Springfield,  in 
the  County  of  Hampden,  student  at  law,  may  take  the 
name  of  Richard  Darius  Morris.  And  the  said  seve- 
ral persons  before  named,  shall  hereafter,  be  called 
and  known  by  the  names  which,  by  this  act,  they  are 
respectively  allowed  to  assume  as  aforesaid;  and  the 
same  shall  be  considered  as  their  only  proper  and  le- 
gal names. 

[Approved  by  the  Governor,  February  18th,  1822.] 


CHAP.  LXXXVII. 

An  Act  to  annex  Joseph  Baker  and  others,  to  the 
Universalist  Society  of  Western  and  Brookfield. 

JjE  it  enacted  by  the  Senate  and  House  of ' 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Joseph  Baker,  Sewall 

Persons  annexed  Glazier,  Benjamin  Brooks,  William  Webster,  Eben- 
ezer  Hitchcock,  William  James,  Solomon  F.  Olds, 
Saunders  Allen,  Francis  Webber,  Elijah  Allen,  Jesse 
S.  Brownsville,  Lemuel  Allen,  Henry  Fairbanks,  Ol- 
iver Thayer,  Parmenus  Thayer,  Levi  Fairbanks,  and 
Simon  Fay,  inhabitants  of  the  Towns  of  Brimtield  and 
Sturbridge,  with  their  families,  polls  and  estates,  be, 
and  they  are  hereby  annexed  to  the  Universalist  Soci- 
ety of  Western  and  Brookfield ;  with  all  the  powers 
and  privileges  incident  to  that  corporation:  provided, 
that  the  aforementioned  persons  shall  be  held  bound  i 

Conditions  of  an- to  pav  all  arrears  of  taxes  assessed  upon,  and  due 
from  them  to  any  religious  society,  to  which  they 
have  heretofore  belonged. 

[Approved  by  the  Governor;  February  18th;  1822.] 


MARSHFIELD  MINIS.  FUND.    Feb,  20;  1822.  691 


CHAP.  LXXXVIIl. 

An  Act  to  repeal  An  Act,  entitled  ^^An  Act  for  regu- 
lating the  size  of  Bricks." 

Be  it  enacted  by  the  Senate  and  House  of 
Ilepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  the  act  passed  in  the  Act  repealed* 
year  of  our  Lord  one  thousand  seven  hundred  and 
eleven,  entitled  "an  act  for  regulating  the  size  of 
bricks,"  be,  and  the  same  is  hereby  repealed. 

[Approved  by  the  Governor,  February  20th,  1822.] 


CHAP.  LXXXIX. 

An  Act  to  incorporate  the  Trustees  of  the  Ministerial 
Fund  in  the  First  Parish  in  Marshfield. 

Sec.  1.  1*E  it  enacted  by  the  Senate  and  House  of 
llepvesentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Joseph  Hewet,  Isaac  Trustees, 
Dingley,  Bourn  Thomas,  Robert  Cushmau,  and  An- 
thony Thomas,  be,  and  they  hereby  are  appointed 
Trustees  to  sell  the  ministerial  lands  belonging  to  the 
First  Parish  in  Marshfield,  to  receive  subscriptions, 
and  procure  donations,  in  manner  herein  after  pro- 
vided. 

Sec.  2.  Be  it  furthej^  enacted,  That  said  Trustees 
be,  and  they  hereby  are  incorporated  into  a  body  poli- 
tic, by  the  name  of  the  Trustees  of  the  Ministerial 
Fund  in  the  First  Parish  in  Marshfield;  and  they  or  General  powers 
their  successors  shall  be,  and  continue  a  body  politic 
and  corporate,  by  that  name,  forever;  and  they  shall 
have  a  common  seal,  subject  to  be  altered  at  the  plea- 
sure of  said  parish ;  and  they  may  sue  and  be  sued, 
plead  and  be  impleaded,  in  all  actions,  real,  personal, 
90 


692 


MARSHFIELD  MINIS.  FUND.     Feb.  20,  1822. 


OfRcei-s  to  be 
chosen. 


Duties  of  Offi- 
cers. 


and  mixed,  and  prosecute  and  defend  the  same  to  final 
judgment  and  execution,  by  the  name  aforesaid. 

Sec.  3.  Be  it  further  enacted,  That  said  Trustees 
and  their  successors,  shall  annually  elect  a  President, 
and  a  Clerk,  to  record  the  doings  of  said  Trustees,  at 
their  meetings,  and  a  Treasurer,  to  receive  and  apply 
the  monies  herein  after  mentioned,  as  herein  directed, 
and  any  other  needful  officers,  for  the  better  managing 
their  business. 

Sec.  4.  Be  it  further  enacted,  That  the  number  of 
said  Trustees  shall  be  five,  any  three  of  whom,  shall 
be  a  quorum  for  transacting  business:  And  the  said 
parish,  at  any  legal  meeting  thereof,  shall  and  may, 
from  time  to  time,  fill  up  vacancies  in  the  Board  of 
Trustees,  which  may  happen  from  death,  resignation, 
or  otherwise,  from  the  members  of  said  parish ;  and 
shall  also  have  power  to  remove  any  of  their  members 
■who  may  become  unfit  and  incapable  from  age,  mis- 
conduct, infirmity,  or  any  other  cause,  of  discharging 
their  duties,  and  supply  a  vacancy  so  made,  by  a  new 
choice  from  their  parish,  within  three  months  from  the 
time  of  such  removal:  And  the  said  Trustees  shall 
Annual  Meeting,  annually,  lioUl  a  meeting  in  the  month  of  March  or 
April,  and  as  much  oftener  as  may  be  found  necessa- 
ry, to  transact  their  business;  which  meeting,  after 
the  first,  shall  be  called  in  such  way  and  manner,  as 
the  Trustees  shall  direct:  And  said  Trustees  shall  be 
obliged,  at  the  annual  meeting  of  said  parish,  to  be- 
holden in  the  month  of  March  or  April,  to  make  a 
full  and  complete  statement  of  all  their  doings,  to  said 
parish;  and  no  one  of  said  Trustees  shall  hold  his 
office  as  such,  any  longer  than  he  remains  a  member 
of  said  parish. 

Sec.  5.  Be  it  further  enacted,  That  any  Justice  of 
the  Peace,  within  and  for  tlie  County  of  Plymouth, 
shall,  on  application  of  a  majority  of  said  Trustees, 
fix  the  time  and  place  of  calling  the  first  meeting  of 
said  Trustees,  and  administer  the  necessary  oath  to 
the  Clerk,  then  to  be  chosen. 

Sec.  6.  Be  it  further  enacted,  That  said  Trustees 
be,  and  they  hereby  are  authorized  to  sell  and  convey, 
in  fee  simple,  all  the  parsonage  and  ministerial  lands 
belonging  to  said  parish;  (saving  and  excepting  that 


first  Meeting. 


MARSHFIELD  MINIS.  FUND.     Feb.  20,  1822.  693 

part  made  use  of  as  a  burying  yard,  and  that  part 
where  the  meeting  house  now  stands,)  and  to  make 
and  execute  good  and  sufficient  warrantee  deed  or 
deeds,  of  the  same,  subscribed  with  the  name  of  the 
Treasurer,  by  direction  of  said  Trustees,  with  their 
seal  thereto  affixed;  which  said  deed  or  deeds,  shall  Disposition ot 
be  good  and  effectual  in  law,  to  pass  and  convey  the  ^'^°''*'"^' 
fee  simple  in  said  lands  in  the  parish,  to  the  purcha- 
ser, to  all  intents  and  purposes  whatever. 

Sec.  7.  Be  it  further  enacted^  That  said  Trustees 
shall  further  be  authorized  to  receive  any  donation,  to  Donations  may 
the  use  and  for  the  benefit  of  said  parish,  the  annual  ^"''"''^ ' 
income  of  which  shall  not  exceed  one  thousand  dol- 
lars; and  the  same  to  place  on  the  books  and  accounts 
to  be  kept  by  them,  with  the  amount  of  this  donation^ 
and  the  time  when  made. 

Sec.  8.  Be  it  further  enacted,  That  the  said  Trus- 
tees be,  and  thoy  are  hereby  authorized  and  empow- 
ered to  receive  subscriptions  for  the  use  and  benefit  of  subscriptions. 
said  parish,  from  any  individual  or  individuals  of 
said  parish,  to  the  amount  or  more,  of  his  or  their 
proportion  of  taxes  in  the  parish,  to  be  paid  for  the 
support  of  the  ministry,  or  other  parish  expenses;  and 
on  receiving  the  same,  and  making  it  secure  by  an 
obligation,  to  remit  or  discharge  said  individual  or  in- 
dividuals, so  subscribing  or  binding  him  or  themselves, 
from  all  taxes  in  said  parish,  so  long  as  the  subscrip- 
tion aforesaid  shall  remain  and  be  in  force,  and  no 
longer:  the  said  obligation  to  be  given  to  the  Treasu- 
rer of  said  Board  of  Trustees,  for  the  use  and  benefit 
of  said  parish. 

Sec.  9.  Be  it  further  enacted,  That  the  monies  ari- 
sing from  the  sale  of  said  lands,  and  the  donations  and 
subscriptions  aforesaid,  shall  be  put  out  at  interest,  as  property  shaii he 

1  1  II  ,  i?  1  put  at  interest. 

soon  as  may  be,  and  secured  by  mortgage  oi  reaK 
estate,  to  double  the  amount  of  the  estate  sold ;  or  the 
monies  loaned,  or  by  two  or  more  sufficient  sureties,  or 
bank  stock,  which  they  are  hereby  authorized  to  do : 
And  said  parish  shall  at  no  time,  appropriate  more 
than  the  interest  that  may  actually  arise  from  the  sale 
of  the  lands  aforesaid,  and  the  donations  and  sub- 
scriptions aforesaid,  to  the  payment  of  the  salary  of 
their  Minister,  or  any  other  parish  charge  or  expense, 
whatever. 


694  MAliSHFlELD  MINIS.  FUND.     Feb.  20,  1822. 


Sec.  10.  Be  it  further^  enacted,  That  the  Treasurer 
Trustees  must  of  Said  Board  of  Trustees  shall  give  bond  to  the 
gne  on  s.  parish,  to  double  the  amount  of  their  funds,  faithfully 
to  perform  his  duty,  and  shall  be  responsible  for  the 
faithful  application  and  appropriation  of  all  the  monies 
which  may  come  into  his  hands,  and  for  all  negligence 
and  misconduct  in  his  office;  and  the  Clerk  of  said 
Board  of  Trustees  sliall  ])e  under  oath,  faithfully  to 
record  the  doings  of  said  Trustees. 

Sec.  11.  Be  it  further  enacted,  That  tlie  Trustees, 
or  their  officers,  shall  be  entitled  to  no  compensation 
for  the  services  they  may  perform,  out  of  the  monies 
Compensation  to  arising  from  the  fund  aforesaid  ;  but,  if  entitled  to  any, 
rustees.  ghall  havB  aud  receive  the  same  from  said  parish,  as 
may  be  mutually  agreed  between  the  parish  and  them ; 
and  the  said  Trustees  shall  at  all  times  be  liable  to 
said  parish  for  any  negligence  or  misconduct  of  which 
they  may  be  guilty,  and  accountable  for  the  expendi- 
ture of  said  income. 

Sec.  12.  Be  it  further  enacted,  That  nothing  con- 
tained in  this  act  shall  be  construed  to  bar  or  prevent 
said  parish  from  raising  any  monies  they  may^deem 
necessary  to  discharge  parish  expenses,  aiid  to  assess 
the  same  in  manner  provided  by  law ;  and  said  Trus- 
tees shall  be  holden  and  obliged  annually,  between 
the  first  Monday  in  April  and  the  first  Monday  in 
May,  to  furnish  the  Assessors  of  said  parish  with  a 
correct  list  of  all  the  persons  excused  and  exempted 
Duty  of  Trustees,  from  taxation  in  said  parish,  as  above  provided  ;  and 
it  shall  never  be  in  the  power  of  said  Trustees,  or  of 
said  parish,  to  make  any  other  appropriation  of  the 
funds  aforesaid,  than  to  support  the  gospel  ministry  of 
said  parish. 

[Approved  by  the  Governor,  February  20th,  1822.] 


COLUMBIAN  BANK.  Feb.  20,  1822.  695 

CHAP.  XC. 


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

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Jlepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Phineas  Upham,  Ed- persons  incorpq- 
mund  Dvvight,  Samuel  Appleton,  William  Appleton, '""* 
Thomas  Motley,  and  Daniel  P.  Parker,  their  associ- 
ates, successors  and  assigns,  shall  be,  and  hereby  are 
created  a  corporation,  by  the  name  of  the  President, 
Directors  and  Company  of  the  Columbian  Bank;  and 
shall  so  continue  from  the  third  Wednesday  of  April 
next,  until  the  iirst  Monday  of  October,  which  will  be 
in  the  year  of  our  Lord  one  thousand  eight  hundred 
and  thirty  one :  And  the  said  corporation  shall  always 
be  subject  to  the  rules,  restrictions,  limitations,  taxes, 
and  provisions,  and  be  entitled  to  the  same  rights,  pri- 
vileges, and  immunities,  which  are  contained  in  an  act, 
entitled  "an  act  to  incorporate  the  President,  Direc- 
tors and  Company  of  the  State  Bank,"  except  in  so  uestnction  oi 
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 :  Provi-  proviso. 
ded,  however,  that  the  amount  of  bills  issued  from 
said  bank,  at  any  one  time,  shall  not  exceed  fifty  per  Limitation  of 
centum,  beyond  the  amount  of  the  capital  stock  actu- '''"''" ''"'""''• 
ally  paid  in. 

Sec.  2.  Be  it  further  enacted.  That  the  capital 
stock  of  said  corporation  shall  consist  of  the  sum  of  capital  stock. 
five  hundred  thousand  dollars,  in  gold  or  silver,  to 
be,  besides  such  part  as  this  Commonwealth  may  sub- 
scribe, in  manner  herein  after  mentioned,  divided  into 
shares  of  one  hundred  dollars  each,  which  shall  be 
paid  in  manner  following,  that  is  to  say :  one  fourth 
part  thereof,  on  or  before  the  first  day  of  May  next; 
one  fourth  part  thereof,  on  or  before  the  first  day  of 
August  next;  one  fourth  part  thereof,  on  or  before  the 
first  day  of  November  next,  and  the  residue  on  or  be- 


696 


COLUMBIAN  BANK. 


Feb.  20,  1822. 


fore  the  first  day  of  February  next ;  and  no  dividend 
shall  be  declared  on  the  capital  stock  of  said  bank, 
until  the  whole  of  said  stock  shall  have  been  paid  in, 
conformably  to  the  provisions  of  this  act;  and  the 
stock  holders,  at  their  first  meeting,  shall,  by  a  majo- 
Transferofstocurity  of  votes,  determine  the  mode  of  transfering  and 
disposing  of  said  stock,  and  the  profits  thereof;  which 
being  entered  in  the  books  of  said  corporation,  shall 
be  binding  on  the  stockholders,  their  successors  and 
assigns,  until  they  shall  otherwise  determine :  And  the 
said  corporation  are  hereby  made  capable  in  law,  to 
have,  hold,  purchase,  receive,  possess,  enjoy,  and  re- 
May  ho\d  Real   tain  to  them,  their  successors  and  assigns,  lands,  ten- 

Estate  i-j         -^  ^ 

ements,  and  hereditaments,  to  the  amount  of  fifty 
thousand  dollars,  and  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  signed 
by  the  President,  or  two  of  the  Directors ;  and  to  loan 
and  negociate  their  monies  and  effects,  by  discounting 
on  banking  principles,  on  such  security  as  they  may 


Proviso. 


think    adviseable:    Provided,   however. 


that   nothing 


herein  contained,  shall  restrain  or  prevent  said  corpo- 
ration from  taking  and  holding  real  estate,  in  mort- 
gage or  on  execution,  to  any  amount  as  security  for, 
or  in  payment  of  any  debts  due  to  the  said  corpora- 
tion :  And  provided,  further^  that  no  monies  shall  be 
loaned,  or  discounts  made,  nor  shall  any  bills  or  pro- 
missory notes  be  issued  from  said  bank,  until  the 
capital  subscribed  and  actually  paid  in,  and  existing 
in  gold  and  silver,  in  their  vaults,  shall  amount  to  one 
hundred  and  twenty  five  thousand  dollars;  nor  until 
said  capital  stock  actually  in  said  vaults,  shall  have 
Esaminatiou  of  beeu  luspected  and  examined  by  three  Commissioners, 
to  be  appointed  by  the  Grovernor,  for  that  purpose, 
whose  duty  it  shall  be,  at  the  expense  of  the  corpora- 
tion, to  examine  the  monies  actually  existing  in  said 
vaults,  and  to  ascertain  by  the  oath  of  the  Directors  of 
said  bank,  or  a  majority  of  them,  that  said  capital 
stock  hath  been  bona  fide  paid  in  by  the  stockholders 
of  said  bank,  and  towards  payment  of  their  respective 
shares,  and  not  for  any  other  purpose,  and  that  it  is 
intended  therein  to  remain  as  part  of  said  capital ;  and 
to  return  a  certificate  thereof  to  the  Governor.     And 


stock. 


COLUMBIAN  BANK.  Feb.  20,  1822.  697 

no  stockholder  shall  be  allowed  to  borrow  any  money 
at  said  bank,  until  he  shall  have  paid  in  his  full  pro- Restriction  of 
portion  of  the  whole  of  said  capital  stock,  as  herein 
before  provided  and  required. 

Sec.  3.  Be  it  further  enacted,  That  said  bank  shall 
be  established  and  kept  in  Boston. 

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, 
shall  be  required,  not  exceeding  ten  per  centum  of  the 
capital  stock  actually  paid  in,  at  any  one  time;  reim- 
bursable by  live  annual  instalments,  or  any  shorter 
time,  at  the  election  of  the  Commonwealth,  with  the 
annual  payment  of  interest,  at  a  rate  not  exceeding  five 
per  centum  per  annum :  Provided,  however,  that  the 
Commonwealth  shall  never  stand  indebted  to  said  cor- 
poration, without  their  consent,  for  a  larger  sum  than 
twenty  per  centum  of  their  capital,  then  paid  in. 

Sec.  5.    Be  it  further  enacted.  That  the  persons 
herein   before  named,  or  any  three  of  them,  are  au- 
thorized to  call  a   meeting  of  the  members  and  stock- First  Meeting. 
holders  of   said  corporation,   as  soon  as  may  be,  at 
such  time  and  place  as  they  may  see  fit  to  appoint, 
by  advertising  the  same  in  any  two  of  the  newspapers 
printed  in  Boston,  for  the  purpostC  of  making,  ordain- 
ing, and  establishing  such  by-laws  and  regulations  for  By-Laws, 
the  orderly  conducting  of  the  affairs  of  said  corpora- 
tion, as  the  stockholders  shall  deem  necessary,  and  choice  of  offi- 
the  choice  of  the  first  Board  of  Directors,  and  such*""'" 
other  officers,  as  they  may  see  fit  to  choose. 

Sec.  6.  Be  it  further  enacted,  That  the  Common- 
wealth shall  have  a  right,  whenever  the  Legislature 
shall  make  provision  therefor,  by  law,  to  subscribe  on 
account  of  the  Commonwealth,  a  sum  not  exceeding 
two  hundred  and  fifty  thousand  dollars,  to  be  added  state  sutscrip- 
to  the  capital  stock  of  said  corporation,  subject  to  such"°°'' 
rules,  regulations  and  provisions,  as  to  the  manage- 
ment thereof,  as  shall  be,  by  the  Legislature,  made 
and  established. 

Sec.  7.  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 


698  COLUMBIAN  BANK.  Feb.  20,  1822. 

State  Directors,  the  stocklioldeis,  the  Legislature  shall  have  a  right, 
from  time  to  time,  to  appoint  a  number  of  Directors  to 
said  bank,  in  proportion  as  the  sum  paid  from  the 
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.  8.  Be  it  further  enacted,  That  the  Cashier, 
before  he  enters  upon  the  duties  of  his  office,  shall  give 

Cashier  to  give  bond  with  surcties,  to  the  satisfaction  of  the  Board  of 

bonds.  Directors,  in  a  sum  not  less  than  fifty  thousand  dol- 

lars, with  conditions  for  the  faithful  discharge  of  his 
office. 

Sec.  9.  Be  it  further  enacted,  That  the  said  corpo- 
ration, from  and  after  the  first  day  of  October  next, 

State  Tax.  shall  pay  by  way  of  tax,  to  the  Treasurer  of  this  Com- 
monwealth, for  the  use  of  the  same,  within  ten  days 
after  the  first  Monday  in  October  and  April,  annually, 
the  half  of  one  per  centum  on  the  amount  of  stock 
which  shall  have  been  actually  paid  in. 

Sec.  10.  Be  it  further  enacted,  That  the  said  corpo- 
ration shall  be  liable  to  pay  to  any  bona  fide  holder, 

Bills  altered  or  the  Original  amount  of  any  note  of  said  bank,  counter- 
counterfeited,  tOp.,1  1,  -m     •         ,1  £•    •  1  •  t     1'  i 

beredeemed.  leited  or  altered  in  the  course  oi  its  circulation,  to  a 
larger  amount,  notwithstanding  such  alteration:  And 
the  said  corporation  shall  not,  at  any  place  whatever, 
directly  or  indirectly,  purchase,  receive,  pay,  or  ex- 
change, any  bill  or  note  of  said  bank,  or  of  any  other 
incorporated  bank  within  this  Commonwealth,  for  any 
less  sum,  than  the  nominal  value  expressed  in  such 
bill  or  note. 

Sec.  11.  Be  it  further  enacted.  That  the  capital 
stock  of  the  said  bank,  shall  not  be  sold,  or  transfer- 
red, but  shall  be  holden  by  the  original  subscribers 
thereto,  for  and  during  the  period  of  one  year  from 
the  time  of  passing  this  act:    And  in  case  the  same 

Validity  of  Act.  shall  uot  be  put  into  operation,  according  to  the  pro- 
visions thereof,  within  the  year  aforesaid,  it  shall  be 
void. 

[Approved  by  the  Governor,  February  20th,  1822.] 


EAGLE  BANK.  Feb.  21,  1822,  699 


CHAP.  XCI. 

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

Sec.  1.  IjE  it  enacted  hy  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Henry  Grray,  Joseph  pevsom  mcovpo 
Balch,  William  Goddard,  Abbot  Lawrence,  John  A. '''^*"'* 
Lowell,  Elisha  Brigham,  Nathaniel  Curtis,  Enoch 
Silsby,  Benjamin  Tliompson,  Joshua  Blake,  Titus 
Welles,  and  Robert  AVaterson,  their  associates,  sue-  ^ 

cessors,  and  assigns,  shall  be,  and  hereby  are  created 
a  corporation,  by  the  name  of  the  President,  Directors 
and  Company  of  the  Eagle  Bank ;  and  shall  so  con- 
tinue from  the  thirteenth  day  of  April  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  corporation  shall  always  be  subject  to 
the  rules,  restrictions,  limitations,  taxes  and  provi- Resnictiorti. 
sions,  aud  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 
eifectually  as  if  the  several  sections  of  said  act,  were 
herein  specially  recited  and  enacted:  Provided,  hoic- fiovho, 
ever,  that  the  amount  of  bills  issued  from  the  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 
five  hundred  thousand  dollars,  in  gold  or  silver,  to 
be,  besides  such  part  as  this  Commonwealth  may  sub- 
scribe, in  manner  herein  after  mentioned,  divided  into 
shares  of  one  hundred  dollars  eacli,  which  shall  be 
paid  in  manner  following ;  that  is  to  say :  one  fourth 
part  thereof,  on  or  before  the  first  day  of  May  next ; 
one  fourth  part  thereof,  on  or  before  the  first  day  of 
August  next;  one  fourth  part  thereof,  on  or  before  the 
first  day  of  November  next;  and  the  residue  on  or  be- 
91 


700  EAGLE  BANK.  Feb.  21,  1822. 

fore  the  first  day  of  February  next.     And  no  stock- 
holder shall  be  allowed  to  borrow  at  said  bank,  until 
r^aiiM rf      he  shall  have  paid  in  bis  full  proportion  of  the  whole 
^"^  of  said  capital  stock  of  five  hundred  thousand  dollars: 

and  no  dividend  shall  be  declared  on  the  capital  stock 
of  said  bank,  until  the  whole  of  said  stock  shall  have 
been  paid  iu.  conformably  to  the  provisions  of  this  act. 
And  the  stockholders  at  their  first  meeting  shall,  by  a 
TwKfa-ofKock  majority  of  votes,  determine  the  mode  of  transferring 
and  disposing;  of  said  stock,  and  the  profits  thereof: 
which  being  entered  on  the  books  of  said  corporation, 
shall  be  binding  in  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 
MMyitiunjeai   retain  to   them,    their  successors   and   assigns,  lands, 
***■*■  tenements   and  hereditaments,  to  the  amount  of  fifty 

thousand  dollars,  and  no  more,  at  any  one  time:  with 
power  to  bar2;ain.  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  negociate  their  monies  and  effects  by  discounting 
on  banking  principles,  on  such  security  as  they  shall 
think  advisable :  Provided,  however,  that  nothing  here- 
in contained  shall  restrain  or  prevent  said  corporation 
from  taking  or  holding  real  estate,  in  mortgage  or  on 
execution,  to  any  amount,  as  security  for.  or  in  pay- 
ment of  any  debt  due  to  the  said  corporation :  And 
provided,  fuj^her.  that  no  monies  shall  be  loaned,  or 
discounts  made,  nor  shall  any  bills  or  promissory  notes 
be  issued  from  said  bank,  until  the  capital  subscribed 
and  actually  paid  in.  and  existing  in  gold  and  silver, 
in  their  vaults,  shall  amount  to  one  hundred  and  twen- 
ty five  thousand  dollars  :  nor  until  said  capital  stock 
actually  in  said  vaults,  *hall  have  been  inspected  and 
For>iwadqn rf  examlued  bv  three  Commissioners,  to  be  appointed  bv 
the  Lrovernor.  tor  that  purpose,  whose  duty  it  shall  be, 
at  the  expense  of  the  corporation,  to  examine  the  mo- 
nies actually  existing  in  said  vaults,  and  to  ascertain 
by  the  oath  of  the  Directors  of  said  bank,  or  a  majo- 
rity of  them,  that  said  capital  stock  hath  been  bona 
fide  paid  in  by  the  stockholders  of  said  bank,  and  to- 
wards payment  of  their  respective  shares,  and  not  for 


EAGLE  BANK.  Feb.  21,  1822.  701 

any  other  purpose ;  and  that  it  is  intended  therein  to 
remain  as  part  of  said  capital  stock ;  and  to  return  a 
certificate  thereof  to  the  Governor. 

Sec.  3.  Be  it  further  enacted,  That  the  said  bank  Location, 
shall  be  esfahlished  and  kept  in  Boston. 

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 
shall  be  required,  not  exceeding  ten  per  centum  of  the 
capital  stock  actually  paid  in,  at  any  one  time,  reim- 
bursable 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,  ihsit  the  Proviso. 
Commonwealth  shall  never  stand  indebted  to  said  cor- 
poration, without  their  consent,  for  a  larger  sum  than  Restriction  ot 
twenty  per  centum  of  their  capital  then  paid  in.  ^^^ 

Sec.  5.  Be  it  further  enacted,  That  the  persons 
herein  before  named,  or  any  three  of  them,  are  autho- 
rized to  call  a  meeting  of  the  members  and  stockhold- 
ers of  said  corporation  as  soon  as  may  be,  at  such  time 
and  place  as  they  may  see  fit  to  appoint,  by  adverti- 
sing the  same  in  any  two  of  the  newspapers  printed  in 
Boston,  for  the  purpose  of  making,  ordaining  and  esta- 
blishing such  by-laws  and  regulations  for  the  orderly  By-Laws, 
conducting  the  affairs  of  said  corporation,  as  the  stock- 
holders shall  deem  necessary,  and  the  choice  of  the 
first  Board  of  Directors,  and  such  other  officers  as  they  choice  of  os- 
shall  see  fit  to  choose. 

Sec.  6.  Be  it  further  enacted.  That  the  Common- 
wealth shall  have  a  right,  whenever  the  Legislature 
shall  make  provision  therefor,  by  law,  to  subscribe  on  state  subscrip- 
account  of  the  Commonwealth,  a  sum  not  exceeding "°"'' 
two  hundred  and  fifty  thousand  dollars,  to  be  added 
to  the  capital  stock  of  said  corporation,  subject  to  such 
rules,  regulations  and  provisions,  as  to  the  managment 
thereof,  as  shall  be,  by  the  legislature,  made  and  esta- 
blished. 

Sec.  7.  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, 


702  EAGLE  BANK.  Feb.  21,  1822. 

state  Directors,  froiii  tiiue  to,  timc,  to  appoint  a  number  of  Directors  to 
said  bank,  in  proportion  as  the  sum  paid  from  the 
Treasury  of  the  Commonvv  ealth  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.  8.  Be  it  further  enacted,  That  the  Cashier, 
before  he  enters  upon  the  duties  of  his  office,  shall  give 

Bonds  of  Cashier,  bond  with  sureties,  to  the  satisfaction  of  the  Board  of 
Directors,  in  a  sum  not  less  than  fifty  thousand  dol- 
lars, with  conditions  for  the  faithful  discharge  of  his 
office. 

Hec.  9.  Be  it  further  enacted,  That  the  said  corpo- 
ration, from  and   after  the  first  day  of  October  next, 

stateTax.  shall  pay  by  way  of  tax,  to  the  Treasurer  of  this  Com- 
monwealth, for  the  use  of  the  same,  within  ten  days 
after  the  first  Monday  of  October  and  April,  annual- 
ly, the  half  of  one  per  centum  on  the  amount  of  stock 
which  shall  have  been  actually  paid  in. 

Sec.  10.  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- 

Biiis  altered  or  fclted  or  altci'ed  in  the  course  of  its  circulation,  to  a  lar- 

be"redeemei'  "^^  gcr  auiount,  notwithstanding  such  alteration  :  And  that 
the  said  corporation  shall  not,  at  any  place  whatever, 
directly  or  indirectly,  purchase,  receive,  pay  or  ex- 
change any  bill  or  note  of  said  bank,  or  any  other 
incorporated  bank  within  this  Commonwealth,  for  any 
less  sum  than  their  nominal  value,  expressed  in  such 
bill  or  note. 

Sec.  11,  Be  it  further  enacted.  That  the  capital 
stock  of  th«  said  bank  shall  not  be  sold  or  transferred, 
but  shall  be  holden  by  (he  original  subscribers  thereto, 

Validity  of  stock,  for  aud  during  the  period  of  one  year  from  the  time  of 
passing  this  act;  and  in  case  the  same  shall  not  be  put 
into  operation  according  to  the  provisions  thereof,  with- 
in the  year  aforesaid,  it  shall  be  void. 

[Approved  by  tlie  Uovernor,  February  21st,  1822.] 


i 


TRAINING  THE  MILITIA.  Feb.  21,  1822.  703 


CHAP.  XCII. 

An  Act  in  further  addition  to  an  Act,  entitled  ^^An 
Act  for  regulating,  governing,  and  training  the  Mi- 
litia of  this  Commonwealth." 

Sec.  1.  JDE  i^  enacted  by  the  Senate  and  House  of 
Mepresentatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  the  following  persons, 
notwithstanding  their  being  above  the  age  of  eighteen, 
and  under  the  age  of  forty  five  years,  be,  and  they  are 
hereby  conditionally  exempted  from  military  duty,  asExemi.is. 
follows,  viz. :   licensed   physicians   and   surgeons,  all 
officers  who  have  held,  or  may  hereafter  hold,  a  com- 
mission or  commissions,  in  the  army  or  navy  of  tlie 
United  States,  or  in  the  militia  of  this,  or  any  other 
of  the  United  States,  for  a  term  less  than  five  years; 
and  all  persons  who  are,  or  may  hereafter  be,  between 
the  ages  of  thirty  five  and  forty  five  years,  be,  and 
they  are  hereby  exempted  from  all  military  duty,  ex- 
cept that  of  keeping  themselves  constantly  furnished 
with  the  arms  and  equipments  recpiired  by  the  laws  of  Must  keep  j 
the  United  States,  and  the  duty  of  carrying  or  send-  '^'^' 
ing  them,  on  the  first  Tuesday  of  May,  annually,  to 
the  place  of  inspection  or  view  of  arms,  of  the  compa- 
ny,  witliin  whose  bounds  they  may  reside,   and  in 
which  they  are  enrolled;  and  the  duty  of  attending 
elections  of  company  officers,  and  that  of  paying  the 
sum  of  two  dollars  into  the  town  treasury,  as  hereto- 
fore provided. 

Sec.  2.  Be  it  further  enacted,  That  the  uniform  ofunifoms. 
the  militia,  (except  that  portion  thereof,  whose  uni- 
forms are  I'egulated  by  the  laws  of  tlie  United  States,) 
shall  be  such  as  His  Excellency  the  Commander  in 
Chief  shall  prescribe,  and  be  subject  to  such  restric- 
tions, limitations,  and  alterations,  as  he  may  order. 

Sec.  3.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  each  Brigadier  General,  within  whose  brigade 
a  band  of  music  is  organized  and  established,  to  order  musIp. 
at  least  one  section  of  said  band  to  attend  each  re£;i- 
mental  review,  within  his  brigade. 


704 


TRAINING  THE  MILITIA.  Feb.  21,  1822. 


Sec.  4.  Be  it  further  enacted.  That  every  com- 
manding officer  of  a  company,  shall  have  the  same 
Training.  power  and  authority  to  train  and  discipline  his  com- 
pany on  the  first  Tuesday  in  May,  in  each  year,  as 
he  has  on  other  days,  when  his  company  is  paraded 
for  exercise. 

Sec.  5.  Be  it  further  enacted,  That  hereafter,  when 
any  non  commissioned  officer  or  officers,  private  or 
privates,  shall  he  ordered  to  notify  and  warn  any  por- 
tion of  the  company  to  which  he  belongs,  to  parade 
for  any  military  duty,  it  shall  be  the  duty  of  such  non 
commissioned  officer  or  officers,  private  or  privates,  so 
Company  orders,  ordered  as  aforesaid,  to  give  notice  of  the  time  and 
place  of  parade  of  said  company,  to  each  and  every 
man,  he  or  they  shall  have  been  ordered  to  notify, 
either  by  giving  to  each  man  personal  notice,  or  by 
leaving  at  his  usual  place  of  abode,  a  written  or  print- 
ed order. 

Sec.  6.  Be  it  further  enacted.  That  so  much  of  the 
twenty  second  section  of  the  act  to  which  this  is  in 
addition,  as  requires  every  town  and  district  in  this 
Commonwealth,  to  provide  and  deposit  sixty  four 
pounds  of  good  gun  powder,  for  every  sixty  four  sol- 
diers enrolled  within  said  town  or  district,  be,  and  the 
same  is  hereby  repealed. 

Sec.  7.  Be  it  further  enacted,  That  whenever,  in 
the  opinion  of  the  Commander  in  Chief,  the  exigencies 
of  the  Commonwealth  shall  require,  it  shall  be  his 
duty  to  issue  his  proclamation,  calling  upon  the  several 
towns  and  districts  to  provide  and  deposit  in  some  con- 
venient place  within  said  towns  or  districts,  sixty  four 
pounds  of  good  gun  powder,  for  every  sixty  four  soldiers 
enrolled  within  said  towns  or  districts,  and  the  same 
proportion  for  a  greater  or  less  number  of  soldiers,  en- 
rolled as  aforesaid,  until  His  Excellency  the  Governor, 
Supply  of  Gun  by  hls  proclamatiou,  shall  declare  it  unnecessary  that 
the  said  towns  and  districts  should  be  any  longer  provi- 
ded with  powder  as  aforesaid :  and  every  town  or  dis- 
trict which  shall  neglect,  upon  the  proclamation  of  the 
Governor  as  aforesaid,  to  provide,  and  keep  itself  pro- 
vided with  gun  powder  as  aforesaid,  shall  forfeit  and 
pay  to  the  use  of  the  Commonwealth,  a  sum  not  ex- 
ceeding five  hundred  dollars,  nor  less  than  twenty 


Part  of  act  re- 
■pealed. 


TRAINING  THE  MILITIA.  Feh.  21,  1822.  705 

dollars,  according  to  the  nature  and  degree  of  the 
neglect,  to  be  recovered  by  indictment  or  information, 
in  any  court  of  competent  jurisdiction;  and  it  shall  be  Fines. 
the  duty  of  each  Brigade  Quarter  Master,  in  his  own 
brigade,  to  cause  such  delinquent  town  or  district  to 
be  prosecuted  or  presented. 

Sec.  8.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Selectmen,  in  every  town  and  district  in 
this  Commonwealth,  annually,  in  the  month  of  August, 
to  make  out  a  schedule  of  all  the  articles  of  military  schedule  of  Miu- 
stores  with  which  their  respective  towns  and  districts  furmshed.' *" 
are  supplied,  and  deliver  the  same  to  the  Colonel  or 
commanding  officer  of  the  regiment  within  which  such 
town  or  district  is  situated;  and  it  shall  be  the  duty  of 
such  Colonel  or  commanding  officer,  with  his  next  re- 
gimental return,  to  state  the  same,  that  it  may  be 
transmitted  to  the  office  of  the  Adjutant  Greneral. 

Sec.  9.  Be  it  further  enacted,  That  all  General  Regulations  or 
Courts  Martial  shall  be  constituted  of  a  President,  a  """''**'*'"''' 
Judge  Advocate,  six  Members,  and  a  Marshal ;  and 
the  officer  appointing  a  Court  Martial,  may,  at  his 
discretion,  order  a  number  of  officers,  not  exceeding 
three,  to  be  detailed,  as  supernumeraries,  in  addition 
to  the  six  intended  to  serve  as  members,  to  attend  the 
court  at  the  organization  thereof:  And  all  Division 
Courts  Martial,  hereafter  appointed,  shall  consist  of 
a  President,  Judge  Advocate,  three  Members  and  a 
Marshal ;  and  the  officer  ordering  such  Court  Martial, 
may,  at  his  discretion,  order  one  officer  to  be  detailed, 
in  addition  to  the  three  intended  to  serve  as  members, 
as  a  supernumerary  to  attend  the  court  at  the  organiza- 
tion thereof:  and  each  General  or  Division  Court  Mar- 
tial, hereafter  ordered  as  aforesaid,  shall  have  power  to 
inflict  such  fine  on  any  officer,  by  said  court  convicted,  Pine;,. 
as  under  the  circumstances  of  the  case,  to  said  court 
shall  seem  reasonable,  not  exceeding  the  sum  of  two 
hundred  dollars,  to  be  sued  for  and  recovered  by  the 
Judge  Advocate  who  served  on  said  court,  before  any 
court  proper  to  try  the  same,  and  for  the  use  of  the 
Commonwealth. 

Sec.  10.  Be  it  further  enacted,  That  any  non  com- 
missioned officer  or  private,  who  shall  refuse,  or  wil- 
fully neglect  to  give  any  notice   or  warning,  when 


706  TKAIjSING  THE  MILITIA.  Feb.  21,  1822- 

Forfciuues.  ordeTcd  thereto  by  the  commanding  officer  of  the  com- 
pany to  which  he  belongs,  shall,  for  such  offence,  forfeit 
not  less  than  twenty,  nor  more  than  fifty  dollars. 

Sec.  11.  Be  it  further  enacted,  That  all  excuses 
for  non  appearance  of  any  non  commissioned  officer  or 
private,  sliall  be  made  within  twenty  days  after  any 
training,  view  of  arms,  or  other  military  duty,  to  the 
commanding  officers  of  their  respective  companies: 
xVnd  on  the  delinquent's  producing  satisfactory  evi- 
dence of  his  inability  to  appear,  his  commanding  offi- 
cer may  excuse  him  ;  but  no  excuse  shall  avail  such 

Excuses.  non  commissioned  officer  or  private,  on  any  prosecution 

for  the  recovery  of  a  fine  or  forfeiture,  unless  made  to 
the  commanding  officer  aforesaid,  before  the  expira- 
tion of  twenty  days  aforesaid,  or  unless  said  delinquent 
shall  satisfy  the  Justice  before  whom  the  case  may  be 
tried,  that  it  was  not  in  his  power  to  make  said  excuse 
within  twenty  days  as  aforesaid. 

Sec.  12.  Be  it  further  enacted,  That  so  much  of 
the  twenty  second  section  of  the  act,  entitled  "  an  act 
for  regulating,  governing  and  training  tiie  militia  of 
this  Commonwealth,''  as  relates  to  the  duty  of  the 

Farmer  act  reia- Brigade  Quartcr  Masters,  in  the  month  of  September, 

quIruT Masteit; to  vlew  aud  inspect  the  military  stores  in  each  town 

lepca  e  ^^^ j  dlstrlct  wlthlu  thclr  brigade,  be,  aud  the  same  is 

hereby  repealed. 

Sec.  13.  Be  it  further  enacted.  That  the  staff  offi- 
cers herein  after  named,  shall  be  entitled  to  receive, 
annually,  as  full  compensation  for  the  services  which 
appertain  to  their  respective  offices,  the  following  sums, 

coi^ensation  to  to  wlt :  thc  seulor  Aid  de  Camp  to  each  Major  Gene- 
ral, the  sum  of  twenty  five  dollars  ;  the  Brigade  Major 
aud  Inspector,  the  sum  of  forty  dollars ;  each  Adju- 
tant of  a  regiment,  the  sum  of  twenty  five  dollars;  and 
each  Adjutant  of  a  battalion  of  artillery,  cavalry,  or 
infantry,  the  sum  of  fifteen  dollars. 

Sec.  14.  Be  it  further  enacted,  That  whenever  the 
Adjutant  General  shall  be  a  complainant  against  any 
officer,  for  neglect  of  duty  in  making  his  returns,  he 
shall  not  be  required  to  be  present  to  prosecute  his 
complaint  before  the  Court  Martial  which  shall  have 

Courts Maiiiai.  cognlzauce  of  the  same;  and  in  all  cases  in  which  re- 
turns are  required  by  law  or  general  orders,  to  be 


TOWN  OF  MONROE.  Feh.  21,  1822,  707 

made  to  the  Adjutant  General,  his  certificate,  that  the 
same  was,  or  was  not  made,  shall  be  sufficient  evi- 
dence of  the  fact. 

Sec.  15.  Be  it  further  enacted,  That  the  act,  enti- 
tled '^an  act  regulating  the  tiaie  for  inspecting  military 
stores,  parading  the  troops,  and  fixing  the  compensa- 
tion of  certain  staff  officers,"  passed  on  the  twenty  Former  act  re- 
fouith  day  of  February,  in  the  year  of  our  Lord  one^^*'"''' 
thousand  eight  hundred  and  twenty,  be,  and  the  same 
is  hereby  repealed. 

Sec.  16.  Be  it  further  enacted,  That  all  division, 
brigade  and  regimental  staff  officers,  who  are  now  in 
commission,  not  having  been  appointed  by  the  present 
commanding  officers  of  divisions,  brigades  and  regi- 
ments, shall  be  discharged  by  His  Excellency  the  Discharges. 
Governor,  upon  the  application  of  their  respective 
commanding  officers  aforesaid ;  which  discharges  shall 
operate  as  an  absolute  exemption  from  military  duty. 

Sec.  17.  Be  it  further  enacted,  That  all  laws  here- 
tofore made,  so  far  as  they  are  inconsistent  with  the  Repeal  of  acts, 
provisions  of  this  act,  be,  and  the  same  are  hereby 
repealed. 

(^Approved  by  the  Governor,  February  21st,  1822.] 


CHAP.  XCIII. 

An  Act  to  incorporate  the  Town  of  Monroe. 

Sec.  1.  DE  i#  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  all  that  tract  of  land 
called  the  Gore,  lying  north  of  Florida,  being  bounded 
west  by  Clarksburgh,  and  north  by  Vermont  line,  to- 
gether with  all  that  part  of  Rowe  lying  west  of  Deer- Boundaries.' 
field  River,  and  extending  to  the  middle  of  said  river, 
be,  and  hereby  is  incorporated  as  a  town,  by  the  name 
of  Monroe,  and  be  annexed  to  the  County  of  Frank- 
lin j  and  the  inhabitants  of  said  Town  of  Monroe,  are 
92 


708  TOWN  OF  MONROE.  Feb.  21,  1322 

hereby  vested  with  all  the  powers  and  privileges,  and 
shall  also  be  subject  to  all  the  duties  and  requisitions 

Powers  and  pri- of  other  corporate  towns,  according  to  the  constitution 

viieges,  and  laws  of  this  Commonwealth. 

Sec.  2.  Be  it  further  enacted,  That  the  inhabitants 
of  the  Town  of  Monroe  shall  be  holden  to  pay  the 

Arrears  of  taxes  arrears  of  all  state,  county,  and  town  taxes,  which 

to  be  paid.  jjave  been  legally  assessed  upon  them,  together  with 
their  proportion  of  all  debts  due  from  said  Town  of 
Rowe,  prior  to  the  date  of  this  act.  And  the  said 
Town  of  Monroe  shall  be  entitled  to  receive  their 
proportion  of  the  debts  and  taxes  due  to  the  said 
Town  of  Rowe,  when  collected  and  paid  into  the 
treasury  of  said  town ;  and  the  said  Town  of  Monroe 

Proportion  of  the  shall  be  entitled  to  hold  their  proportion,  according 
to  the  present  valuation,  of  all  the  real  and  personal 
property,  belonging  to  the  Town  of  Rowe,  before  the 
passing  of  this  act. 

Sec.  3.  Be  it  further  enacted,  That  the  said  Town 
of  Monroe  shall  be  holden  to  support  their  proportion 

Provision  for  the  of  the  poor  of  the  Town  of  Rowe,  which  are  now 
chargeable  to  said  town ;  which  proportion  shall  be 
ascertained  by  the  present  valuation  of  the  town;  and 
all  persons  who  may  hereafter  become  chargeable,  as 
paupers,  to  the  said  Towns  of  Rowe  and  Monroe, 
shall  be  considered  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  any  Justice  of 
the  Peace  for  the  County  of  Berkshire,  is  hereby  em- 
powered, upon  application  therefor,  to  issue  a  warrant 
directed  to  a  freehold  inhabitant  of  the  said  Town  of 
Monroe,  requiring  him  to  notify  and  warn  the  inhabi- 

McetiDgs.  tants  thereof,  qualified  to  vote  in  town  affairs,  to  meet 
at 'such  convenient  time  and  place  as  shall  be  appoint- 
ed in  the  said  warrant,  for  the  choice  of  such  officers, 
as  towns  are  by  law,  authorized  to  choose  and  appoint 
at  their  annual  town  meetings. 

f  Approved  by  the  (jovernor,  February  21st,  1822.] 


LEGAL  SETTLEMENT.  Feb.  21,  1822.  709 


CHAP.  XCIV. 

An  Act  in  addition  to  an  Act  ascertaining  what  shall 
constitute  a  legal  settlement  in  any  Town  or  Dis- 
trict within  this  Commonwealth. 

Sec.  1.  IjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  so  much  of  an  act  as- 
certaining what  shall  constitute  a  legal  settlement  of 
any  person  in  any  town  or  district  within  the  Com- 
monwealth, so  as  to  entitle  him  to  support  therein,  in 
case  he  hecomes  poor,  and  stands  in  need  of  relief; 
and  for  repealing  all  laws  heretofore  made  respecting 
such  settlement,  passed  the  eleventh  day  of  February, 
in  the  year  of  our  Lord  one  thousand  seven  hundred  Former  act  re- 
and  ninety  four,  as  is  contained  in  the  fourth  para-  ^^*'^*** 
graph  of  the  second  section  of  said  act,  be,  and  the 
same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted.  That  any  person  of 
twenty  one  years  of  age,  being  a  citizen  of  this,  or  any 
of  the  Unifed  States,  having  an  estate  of  inheritance 
or  freehold  in  any  town,  district,  or  city,  within  this 
Commonwealth,  and  living  on  the  same  three  years  sue-  conditional  le- 
cessively,  shall  thereby  gain  a  settlement  in  the  same, '"''' 
so  as  to  entitle  him  or  her  to  support  therein,  in  case 
he  or  she  becomes  poor,  and  stands  in  need  of  relief. 

Sec.  3.  Be  it  further  enacted.  That  if  any  person, 
standing  in  need  of  relief,  shall  be  supported  in  any 
town,  district,  or  city,  in  this  Commonwealth,  other 
than  in  the  one  in  which  such  person  may  have  a 
legal  settlement,  the  town,  district,  or  city,  in  which 
such  person  has  a  legal  settlement,  shall  not,  in  any 
case,  be  subjected  to  a  greater  expense,  than  at  the 
rate  of  one  dollar  per  week,  during  the  continuance  Rate  of  expense 
of  such  supplies;  provided,  the  town,  district  or  city,  <" ?•">' p"^""'- 
in  which  such  person  has  a  legal  settlement,  shall 
cause  such  pauper  to  be  removed  within  thirty  days 
from  the  time  of  receiving  legal  notice,  that  such  sup- 
port has  been  furnished. 

« 
[Approved  by  the  Grovernor,  February  21st,  1822.] 


710  SENATORIAL  DISTRICTS.         Feb.  21,  1822 


CHAP.  XCV. 

An  Act  for  dividing  the  Commonwealth  into  Districts 
for  the  choice  of  Counsellors  and  Senators. 

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  Commonwealth  be,  and  hereby 
is  divided  into  thirteen  Districts  for  the  choice  of  Coun- 
sellors and  Senators,  and  that  each  District  be,  and 
hereby  is  authorized  and  directed  to  choose  the  num- 
ber of  Counsellors  and  Senators  to  the  same,  herein- 
after, respectively,  aflRxed,  in  the  manner  prescribed 
by  the  constitution  and  laws  of  this  Commonwealth. 

The  County  of  Suffolk  shall  form  one  district,  and 
choose  six  Senators. 

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

The  County  of  Middlesex  shall  form  one  district, 
and  choose  five  Senators. 
Division  of  Dia.      Thc  Couuty  of  Worcestcr  shall  form  one  district, 
and  choose  five  Senators. 

The  County  of  Norfolk  shall  form  one  district,  and 
choose  three  Senators. 

The  County  of  Hampshire  shall  form  one  district, 
and  choose  two  Senators. 

The  County  of  Hampden  shall  form  one  district, 
and  choose  two  Senators. 

The  County  of  Franklin  shall  form  one  district, 
and  choice  two  Senators. 

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

The  Counties  of  Bristol  and  Dukes'  County  shall 
form  one  district,  and  choose  three  Senators. 

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

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

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


tricts 


[Approved  by  the  Governor,  February  21st,  1822.] 


IMPRISONMENT  FOR  FINES.    Fe6.  21, 1822.  711 


GHAP.  XCVL 

An  Act  for  limiting  the  term  of  imprisonment  for  Fines 
and  Forfeitures,  incurred  for  breaches  of  the  laws 
regulating  the  Militia  of  the  Commonwealth. 

Sec.  1.  i5E  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same^  That  from  and  after  the 
first  day  of  April  next,  no  person  shall  be  liable  to  be 
imprisoned,  on  any  execution  issued,  or  to  be  issued 
on  any  judgment  rendered,  or  M'hich  shall  be  render- 
ed against  him,  for  the  recovery  of  any  fine  or  forfeit-  Limitation  of  im 
ure  incurred  by  a  breach  of  the  militia  laws  of  this  p""""^^"** 
Commonwealth,  for  and  during  a  longer  time  than  six 
days :  and  the  keeper  of  any  goal,  to  which  any  person 
hereafter  shall  be  committed  on  any  execution  issued 
as  aforesaid,  shall,  at  the  expiration  of  said  term  of 
six  days,  from  and  after  such  commitment,  discharge 
such  person  from  his  imprisonment.  And  any  person 
who  has  been  committed  to  any  goal,  on  any  execu- 
tion which  issued  on  any  judgment  rendered  for  the 
same  cause,  and  has  been  there  confined  for  the  term 
of  six  days,  shall  be  forthwith  discharged  from  his 
imprisonment  and  set  at  liberty,  any  law,  usage  or 
custom,  to  the  contrary  notwithstanding. 

Sec.  2.  Be  it  further  enacted,  lihRi  every  judgment 
rendered  for  the  cause  aforesaid,  after  the  judgment  Fines  to  be  secm-- 
debtor  shall  be  discharged  from  prison,  in  manner  as  ttuJ  p"'"''  " 
aforesaid,  shall  be,  and  remain  good  and  effectual  in 
law,  against  the  goods  and  chattels  of  such  debtor,  of 
which  he  may  be  afterwards  possessed,  for  the  satis- 
faction of  the  debt  and  costs  of  suit,  as  well  as  all 
costs  arising  in  consequence  of  such  imprisonment. 

Sec.  S.   Be  it  further  enacted,  That  after  the  judg- 
ment debtor  shall  have  been  committed  to  prison,  and 
discharged  therefrom  in  manner  aforesaid,  the  cost  ofDebtonopay 
commitment  shall  be  added  to,  and  become  a  part  of '^°*^' 
the  costs  of  suit;  for  the  recovery  of  which,  as  well  as 
the  debt,  any  execution  in  due  form  of  law,  may  be 


712  FISHERY  IN  FAIRHAVEN,  &c.    Feb.  22, 1822. 

sued  ont  against  the  goods  and  chattels  of  the  judg- 
ment debtor,  but  not  against  his  body. 

[Approved  by  the  Governor,  February  21st,  1822.] 


CHAP.  XCVII. 

An  Act  for  the  preservation  and  regulation  of  the 
Fishery  in  the  Towns  of  Fairhaven,  New  Bedford, 
Dartmouth,  and  Westport. 

Sec.  1.  Be  it  enacted  by  the  Senate  and  House  of 
Representatives f  in  General  Court  assembled^  and  by 
the  authority  of  the  same.  That  from  and  after  the  first 
day  of  March  next,  it  shall  not  be  lawful  for  any  per- 
son living  without  the  jurisdiction  of  this  Common- 
wealth, to  take  any  lobsters,  tautog,  bass,  or  other 
fish,  within  the  harbors,  streams,  or  waters  of  the 
Towns  of  Fairhaven,  New  Bedford,  Dartmouth,  and 
Westport,  for  the  purpose  of  carrying  away  from  said 

Ferfeitures for ii- waters.  In  smacks  or  vessels  owned  without  the  Com- 

legai fishing,  mon wealth,  of  any  size,  nor  any  owned  within  this 
Commonwealth,  over  fifteen  tons;  and  any  and  every 
person  offending  against  the  provisions  of  this  act, 
shall  forfeit  and  pay  the  sum  of  ten  dollars  for  every 
offence,  and  also  forfeit  all  the  fish  and  lobsters  so 
taken. 

Sec.  2.  Be  it  further  enacted,  That  the  waters  and 
shores  of  said  Towns  of  Fairhaven,  New  Bedford, 

Boundaries.  Dartmoutli,  and  Westport,  shall  be  considered  and 
taken,  by  this  act,  to  extend  from  the  line  of  the  State 
of  Rhode  Island  to  the  line  of  the  County  of  Plymouth, 
including  all  the  waters,  islands  and  rocks,  lying  with- 
in one  mile  of  the  main  land. 

Sec.  3.  Be  it  further  enacted.  That  all  fines  and 
forfeitures  which  may  be  incurred  for  offences  against 

DivMion  of  fines,  this  act,  shall  be,  one  half  to  him  or  them,  who  may 
first  sue  for  the  same,  and  the  other  half  to  the  use  of 
the  town,  to  which  the  complainant  belongs  ;  and  the 
said  fines  and  forfeitures  may  be  recovered;  with  legal 


RECOGNIZANCES.  Feb.  22,  1822,  713 

costs  of  suit,  by  action  of  debt  or  information,  before 
any  Justice  of  the  Peace  for  the  County  of  Bristol; 
and  any  person  or  persons  aggrieved  at  the  sentence 
of  the  Justice  of  the  Peace,  given  in  pursuance  of  this 
act,  may  appeal  therefrom  to  the  next  Court  of  Com- 
mon Pleas  to  be  holden  in  the  county,  in  which  judg- 
ment may  be  rendered. 

[Approved  by  the  Governor,  February  22d,  1822.] 


CHAP.  XCVIII. 

An  Act  authorizing  Justices  of  the  Peace  to  take 
recognizances  in  certain  cases. 

Sec.  1.  i>E  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  any  Justice  of  the  Recognizances 

-i-min  1  'iiA  may  be  taken. 

Peace  betore  whom  any  person  is  brought,  on  a  com- 
plaint for  any  crime,  misdemeanor,  or  other  offence, 
may  take  the  recognizance  of  such  person,  with  sure- 
ty or  sureties,  in  a  reasonable  sum,  for  his  appearance 
before  said  Justice,  for  further  examination  at  a  future 
time,  not  exceeding  ten  days. 

Sec.  2.  Be  it  further  enacted.  That  if  the  person 
thus  recognized,  shall  not  appear  before  said  Justice, 
at  the  time  appointed  for  further  examination,  as  set 
forth  in  the  recognizance,  it  shall  be  the  duty  of  said  ^ 

Justice,  to  note  his  default  upon  the  record,  and  cer- 
tify the  same  recognizance  with  the  record  of  the  de-issueofschefo 
fault  in  the  performance  of  the  condition  thereof,  to"*'' 
the  Court  of  Common  Pleas,  that  a  scire  facias  may 
issue  thereon,  or  an  action  of  debt  be  brought  for  the 
recovery  of  the  penalty. 

[Approved  by  the  Governor,  February  22dj  1822.] 


714  CITY  BAINK.  Feb.  23,  1822- 

CHAP.  XCIX. 

An  Act  making  Members  of  Scbool  Districts  compe- 
tent witnesses  in  certain  cases. 

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,  any  member  of  any  school  district, 
Competent  wit-  shall  and  may  be  admitted  as  a  competent  witness, 
and  his  deposition  used  in  the  same  manner  as  inhabi- 
tants of  towns,  districts,  precincts,  or  parishes,  or  reli- 
gious incorporated  societies,  are  by  law,  now  admitted, 
and  their  depositions  used. 

[Approved  by  the  Grovernor,  February  22d,  1822.] 


CHAP.  C. 

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

Sec.  1.  OE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  William  B.  Swett, 
Persons  incorpo- Amos  Biuuey,  Johu   Frcuch,  Thomas  Cordis,  and 
rated.  Theodore  Wright,  their  associates,  successors  and  as- 

signs, shall  be,  and  hereby  are  created  a  corporation, 
by  the  name  of  the  President,  Directors  and  Company 
of  the  City  Bank;  and  shall  so  continue  from  the 
third  Wednesday  of  April  next,  until  the  first  Mon- 
day of  October,  which  will  be  in  the  year  of  our  Lord 
one  thousand  eight  hundred  and  thirty  one:  And  the 
said  corporation  shall  always  be  subject  to  the  rules. 
Restrictions, &c. 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  in- 
corporate the  President,  Directors  and  Company  of 


CITY  BANK.  Fel).  23,  1822.  715 

the  State  Bank,"  except  in  so  far  as  tlie  same  are  mo- 
dified or  altered  by  this  act,  as  fully  and  effectually  as 
if  the  several  sections  of  said  act,  were  herein  spe- 
cially recited  and  enacted:  Provided,  however,  that pro^'iso, 
the  amount  of  bills  issued  from  said  bank,  at  any 
one  time,  shall  not  exceed  fifty  per  centum  beyond  the  Amount  of  buis 
amount  of  the  capital  stock  actually  paid  in.  *°  '^"'"'' ' 

Sec.  2.  Be  it  further  enacted,  That  the  capital  stock  capuai  stock, 
of  said  corporation  shall  consist  of  the  sum  of  five  hun- 
dred thousand  dollars,  in  gold  or  silver,  to  be,  besides 
such  part  as  this  Commonwealth  may  subscribe,  in 
manner  herein  after  mentioned,  divided  into  shares  of 
one  hundred  dollars  each,  which  shall  be  paid  in  man- 
ner following;  tliat  is  to  say:  one  fourth  part  thereof, 
on  or  before  the  first  day  of  May  next;  one  fourth  part  instalments. 
thereof,  on  or  before  the  first  day  of  August  next;  one 
fourth  part  thereof,  on  or  before  the  first  day  of  No- 
vember next,  and  the  residue  on  or  before  the  first  day 
of  February  next:  And  no  dividend  shall  be  declared 
on  the  capital  stock  of  said  bank,  until  the  whole  of 
said  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.  Transfers. 
and  the  profits  thereof;  which  being  entered  in  the 
books  of  said  corporation,  shall  be  binding  on  the 
stockholders,  their  successors  and  assigns,  until  they 
shall  otherwise  determine.  And  the  said  corporation 
are  hereby  made  capable  in  law,  to  have,  hold,  pur- 
chase, receive,  possess,  enjoy,  and  retain  to  them, 
their  successors  and  assigns,  lands,  tenements  and  he-MayhoidReai 
reditaments,  to  the  amount  of  fifty  thousand  dollars,  ^''"^' 
and  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  signed  by  the  President, 
or  two  of  the  Directors;  and  to  loan  and  negociate 
their  monies  and  effects,  by  discounting  on  banking 
principles,  on  such  security  as  they  may  think  advise- 
able:  Provided,  however,  that  nothing  herein  contain- 
ed shall  restrain  or  prevent  said  corporation  from 
taking  and  holding  real  estate,  in  mortgage  or  on  exe- 
cution, to  any  amount  as  security  for,  or  in  payment 
of  any  debts  due  to  the  said  corporation :  And  provi- 
93 


716 


CITY  BANK. 


Feb.  23,  1822. 


Capital. 


ded,  further,  that  no  monies  shall  be  loaned,  or  dis- 
counts made,  nor  shall  any  bills  or  promissory  notes 
be  issued  from  said  bank,  until  the  capital  subscribed 
and  actually  paid  in,  and  existing  in  gold  and  silver, 
in  their  vaults,  shall  amount  to  one  hundred  and  twen- 
ty five  thousand  dollars;  nor  until  said  capital  stock, 
actually  in  said  vaults,  shall  have  been  inspected  and 
examined  by  three  Commissioners  to  be  appointed  by 
the  Governor,  for  that  purpose,  whose  duty  it  shall  be, 
Examination  of  at  thc  cxpeusc  of  the  corporatiou,  to  examine  the  mo- 
nies actually  existing  in  said  vaults,  and  to  ascertain  by 
the  oath  of  the  Directors  of  said  bank,  or  a  majcn'ity 
of  them,  that  said  capital  stock  hath  been  bona  fide 
paid  in  by  the  stockholders  of  said  bank,  and  towards 
payment  "of  their  respective  shares,  and  not  for  any 
other  purpose;  and  that  it  is  intended  therein  to  re- 
main as  a  part  of  said  capital;  and  to  return  a  certifi- 
cate thereof  to  the  Governor.  And  no  stockholder  shall 
be  allowed  to  borrow  any  money  at  said  bank,  until 
he  shall  have  paid  in  his  full  prop(»rtion  of  the  whole 
of  said  capital  stock,  as  herein  before  provided  and 
required. 

Sec.  3.  Be  it  further  enacted,  That  the  said  bank 
shall  be  established  and  kept  in  Boston. 

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 
shall  be  required,  not  exceeding  ten  per  centum  of  the 
capital  stock  actually  paid  in,  at  any  one  time,  reim- 
bursable by  five  annual  instalments,  or  any  shorter 
time,  at  thc  election  of  the  Commonwealth,  with  the 
annual  payment  of  interest,  at  a  rate  not  exceeding  five 
per  centum  per  annum :  Provided,  however,  that  the 
Commonwealth  shall  never  stand  indebted  to  said  cor- 
poration, without  their  consent,  for  a  larger  sum  than 
twenty  per  centum  of  their  capital  then  paid  in. 

Sec.  5.  Be  it  further  enacted,  That  the  persons 
herein  before  named,  or  any  three  of  them,  are  autho- 
First  Meeting,  rized  to  Call  a  meeting  of  the  members  and  stockhold- 
ers of  said  corporation  as  soon  as  may  be,  at  such  time 
and  place  as  they  may  see  fit  to  appoint,  by  adverti- 
sing the  same  in  any  two  of  the  newspapers  printed  in 
Boston,  for  the  purpose  of  making,  ordaining  and  esta- 


State  Loans. 


CITY  BANK.  Feh.  23,  1822.  717 

blishing  such  by-laws  and  regulations  for  the  orderly  By-Laws, 
conducting  the  affairs  of  said  corporation,  as  the  stock- 
holders shall  deem  necessary,  and  the  choice  of  the 
first  Board  of  Directors,  and  such  other  officers,  as  they 
shall  see  fit  to  choose. 

8ec.  6.  Be  it  further  enacted^  That  the  Common- 
wealth shall  have  a  right,  whenever  the  Legislature 
shall  make  provision  therefor,  by  law,  to  subscribe  on  state subscnp- 
account  of  the  Commonwealth,  a  sum  not  exceeding *"'"'* 
two  hundred  and  fifty  thousand  dollars,  to  be  added 
to  the  capital  stock  of  said  corporation,  subject  to  such 
rules,  regulations  and  provisions,  as  to  the  management 
thereof,  as  shall  be,  by  the  legislature,  made  and  esta- 
blished. 

Sec.  7.  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, 
from  time  to  time,  to  appoint  a  number  of  Directors  state  Directors, 
to  said  bank,  in  proportion  as  the  sum  paid  from  the 
Treasury  of  the  Commonwealth  shall  be  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.  8.  Be  it  further  enacted,  That  the  Cashier, 
before  he  enters  upon  the  duties  of  his  office,  shall 
give  bond  with  sureties,  to  the  satisfaction  of  the  cashier  to  give 
Board  of  Directors,  in  a  sum  not  less  than  fifty  thou- 
sand dollars,  with  conditions  for  the  faithful  discharge 
of  his  office. 

Sec.  9.  Be  it  further  enacted,  That  the  said  corpo- 
ration, from  and  after  the  first  day  of  October  next,  i 
shall  pay,  by  way  of  tax,  to  the  Treasurer  of  this  state  Tax. 
Commonwealth,  for  the  use  of  the  same,  within  ten 
days  after  the  first  Monday  of  October  and  April,  an- 
nually, the  half  of  one  per  centum  on  the  amount  of 
stock  which  shall  have  actually  been  paid  in. 

Sec.  10.  Be  it  further  enacted.  That  the  said  corpo- 
ration shall  be  liable  to  pay  to  any  bona  fide  holder, 
the  original  amount  of  any  note  of  said  bank,  counter- spmJous  biiis  to 
feited  or  altered  in  the  course  of  its  circulation,  to  a  "^^^ ' 
larger  amount,  notwithstanding  such  alteration:  And 


718  BRIDGES.  Feb,  23,  1822. 

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 
incorporated  bank  within  this  Commonwealth,  for  any 
less  sum,  than  the  nominal  value  expressed  in  such 
bill  or  note. 

Sec.  11.  Be  it  further  enacted,  That  the  capital 
stock  of  the  said  bank  shall  not  be  sold  or  transferred, 
but  shall  be  holden  by  the  original  subscribers  there- 
to, for  and  during  the  period  of  one  year,  from  the 
time  of  passing  this  act;  and  in  case  the  same  shall 
Conditions  of  the  not  be  put  luto  opcra^tiou,  according  to  the  provisions 
t^harter.  thcreof,  within  the  year  aforesaid,  it  shall  be  void. 

[Approved  by  the  Governor,  February  23d,  1822.] 


CHAP.  CI. 

An  Act  for  the  preservation  of  Bridges. 

Sec.  1.  JjE  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  ayid  by 
the  authority  of  the  same,  That  the  proprietors  of  any 
incorporated,  chained,  or  arched  bridge,  within  this 
Commonwealth,  be,  and  they  are  hereby  authorized 
and  empowered  to  make  and  adopt  such  by-laws  as 
they  may  deem  necessary,  to  prevent  any  person  or 
Rate  of  Riding,  pcrsous,  from  riding  or  driving  any  horse  or  horses, 
over  such  bridge,  at  a  rate  faster  than  a  walk,  under 
a  penalty  not  exceeding  two  dollars,  for  the  violation 
thereof,  to  be  recovered  by  action  of  debt,  before  any 
court  having  jurisdiction  thereof,  for  the  use  of  the 
corporation:  Provided,  however^  that  no  person  shall 
be  liable  to  such  penalty,  unless  the  proprietors  of 
such  bridge  shall  cause  to  be  posted  up,  and  kept  at 
each  end  of  such  bridge,  at  some  conspicuous  place,  a 
board,  painted  with  a  white  ground,  containing  in 
black  letters,  the  substance  of  said  by-laws. 

Sec.  2.  Be  it  further  enacted,  That  this  law  shall 
go  into  operation  on  the  first  day  of  April  next. 

[Approved  by  the  Governor,  February  23d,  1822.] 


LOBSTER  FISHERY.  Feh  23,  1822.  719 


CHAP.  CII. 

An  Act  in  addition  to  an  act,  entitled  "An  Act  to  pre- 
vent the  destruction  of  the  Lobster  Fishery,  in  the 
Town  of  Provincetown.'^ 

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  May  next,  it  shall  not  be  lawful  for  any  person 
to  take  any  lobsters,  within  the  waters  and  shores  of 
the  Town  of  Provincetown,  as  defined  and  described 
in  the  act,  entitled  "an  act  to  prevent  the  destruction 
of  the  lobster  fishery,  in  the  Town  of  Provincetown, 
in  the  County  of  Barnstable,  arid  to  preserve  and  reg- 
ulate the  same,  in  the  waters  and  the  shores  of  said 
town,"  for  the  purpose  of  carrying  aAvay  the  same 
from  said  waters,  in  any  smack  or  vessel  whatever,  of 
more  than  fifteen  tons  burthen;  or  for  the  purpose  of 
putting  the  same  on  board  any  such  smack  or  vessel, 
to  be  transported  to  any  place,  without  first  obtaining 
a  permit,  in  writing,  from  the  Selectmen  of  said  town;  permits  to  be 
which  they  are  hereby  authorized  to  grant  to  any  per-  ^'^*"'^''" 
son,  for  such  sum,  paid  to  the  use  of  said  town,  and  on 
such  conditions  as  they  shall  think  proper.  And  every 
person  oftending  against  any  of  the  provisions  of  this 
act,  shall,  for  every  such  offence,  forfeit  and  pay  the 
sum  of  ten  dollars ;  and  in  case  the  number  of  lobsters, 
so  unlawfully  taken  or  found  on  board  any  such  smack 
or  vessel,  shall  exceed  one  hundred,  such  person  shall, 
in  addition  to  such  penalty,  forfeit  and  pay  a  further  Fines 
sum  of  ten  dollars  for  each  hundred  lobsters,  so  taken 
or  found ;  and  in  that  proportion  for  a  larger  or  small- 
er number  over  the  first  hundred. 

Sec.  2.  Be  it  further  enacted,  That  all  forfeituro>s 
incurred  by  any  breach  of  this  act,  shall  enure,  onesmtsmaybesus- 
half  thereof  to  him  or  them,  who  shall  sue  for  the  erSr rawf ''' 
same,  and  the  other  half  to  the  use  of  the  said  Town 
of  Provincetown;  and  the  same  shall  be  recovered, 
with  legal  costs  of  suit,  by  an  action  of  debt,  in  any 


720  COUNTY  ATTORNEY.  Feb.  23,  1822. 

court  proper  to  try  the  same;  and  no  person  shall  be 
disqualified  from  giving  evidence  in  any  such  action, 
by  reason  of  his  being  an  inhabitant  of  said  town. 

[Approved  by  the  Governor,  February  23d,  1822.] 


CHAP.  cm. 

An  Act  to  annex  George  Fairbanks  dnd  others,  to  the 
North  Parish  in  Wrentham. 

Sec.  1.  JdE  it  enacted  by  the  Senate  and  House  of 
Mepresentatives^  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Gewge  Fairbanks, 
Solomon  Blake,  Benjamin  Blake,  Ambrose  Boyden, 
pemnssetoff.  and  Daniel  Blake,  Junior,  with  their  estates,  be,  and 
they  hereby  are  set  off  from  the  first  parish,  and  an- 
nexed to  the  north  parish,  in  the  Town  of  Wrentham. 

[Approved  by  the  Governor,  February  23d,  1822.] 


CHAP.  CIV. 

An  Act  to  provide  a  Salary  for  the  County  Attorney 
for  the  County  of  Suffolk. 

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  April  next,  there  shall  be  allowed  and  paid  out 
of  the  treasury  of  the  County  of  Suffolk,  annually,  the 
Salary  of  Attor- sum  of  oue  thousaud  dollars,  to  the  County  Attorney 
^^'  for  said  county,  in  full  compensation  for  his  services, 

and  in  lieu  of  all  fees  and  charges  heretofore  received 
by  him. 

Sec.  2.  Be  it  further  enacted,  That  all  fees,  in  all 


MANUFAC.  INSURANCE  CO.      Feh.  23,  1822.  721 

indictments,  informations,  or  other  prosecutions,  or 
suits,  criminal  or  civil,  which  shall,  from  and  after 
the  said  first  day  of  April  next,  be  taxed  or  received 
by  the  County  Attorney  for  said  County  of  SuiFolk, 
shall  be  paid  over  to  the  Treasurer  of  said  County  of  Fees  to  be  paid 
Suffolk;  and  the  County  Attorney  for  said  county, ure'i"'*''*^^'^''^'' 
shall,  from  and  after  the  said  first  day  of  April,  ren- 
der a  quarterly  account  to  the  said  Ti*easurer,  of  all 
fees  received  by  him;  and  also,  a  further  account  of 
all  fees  taxable  by  law,  for  services  performed  by  him,  ' 

and  which  have  not  been  received  by  him. 

[Approved  by  the  Governor,  February  23d,  1822.] 


CHAP.  CV.  ^ 

An  Act  to  incorporate  the  Manufacturers'  Insurance 
Company,  in  Boston. 

Sec.  1.  1>E  it  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same,  That  Ebenezer  T.  Andrews,  persons  incorpe 
John  Bumstead,  Samuel  Billings,  George  Bond,  Seth"^^*^' 
Knowles,  John  Williams,  Isaac  Parker,  John  French, 
Jesse  Putnam,  Benjamin  Rich,  and  Amos  Binney,  with 
their  associates,  successors  and  assigns,  be,  and  they 
hereby  are  incorporated  into  a  company  and  body  po- 
litic, by  the  name  of  the  Manufacturers'  Insurance 
Company ;  with  power  to  insure  manufactories,  and  Privileges. 
other  buildings  and  property,  against  fire;  and  to  be 
governed  and  controlled  by  the  provision  contained  in 
a  law  of  this  Commonwealth,  entitled  "an  act  to  de- 
fine the  powers,  duties,  and  restrictions  of  insurance 
companies,"  passed  the  sixteenth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and 
eighteen,  so  far  as  they  may  apply  to  a  corporation 
established  for  the  sole  purpose  of  insuring  against  the 
risk  of  fire;  and  with  authority  to  make  insurances 
against  fire,  on  buildings,  machinery,  and  stock,  em- 


722  MANUFAC.  INSURANCE  CO.     Feb.  23,  1822. 

ployed  in  manufacturing,  and  on  dwelling  houses,  and 
all  other  buildings  and'  property,  liable  to  be  burned 
Limitation  of  act  or  injured  by  fire,  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,  ap- 
pear, prosecute,   and  defend   to  final  judgment  and 
General  powers,  execution ;  aud  may  have  a  common  seal,  which  they 
may  alter  at  pleasure;  and  may  purchase,  hold,  and 
May  hold  Real    couvcy  auy  estate,  real  or  personal,  for  the  use  of  said 
company;  provided  their  real  estate  shall  not  exceed 
the  value  of  fifty  tjiousand  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  shall  be  three  hundred  thou- 
corporate  shares  sand  dollars,  aud  shall  be  divided  into  shares  of  one 
hundred  dollars  each,  sixty  six  and  two  thirds  per 
centum  of  which,  shall  be  paid  in  money,  within 
ninety  days  after  the  first  meeting  of  said  company, 
and  the  residue  thereof,  within  two  years  from  the 
passing  of  this  act,  in  such  instalments,  and  under 
such  penalties,  as  the  President  and  Directors  shall, 
in  their  discretion,  direct  and  appoint. 

Sec.  3.  Be  it  further  enacted.  That  the  property, 
affairs,  and  concerns  of  said  company,  shall  be  man- 
Directors,        aged  and  conducted  by  twelve  Directors,  one  of  whom, 
shall  be  President  thereof,  who  shall  hold  their  offices 
for  one  year,  and  until  others  are  chosen,  and  who 
shall  be  stockholders  in  said  company,  and  citizens  of 
this  Commonwealth  at  the  time  of  their  election,  which 
Annual  Meeting,  shall  bc  ou  the  secoud  Tucsday  of  January,  in  every 
year,  at  such  time  of  the  day,  aud  place  in  Boston,  as 
a  majority  of  the  Directors,  for  the  time  being,  shall 
appoint;  notice  of  which  election,  shall  be  given  in 
two  newspapers  printed  in  Boston,  at  least  ten  days 
previous  to  the  election,  which  shall  be  made  by  writ- 
ten ballot,  and  by  a  majority  of  the  votes  of  the  stock- 
condition  of     holders  present,  allowing  one  vote  to  each  share  in  the 
''°^^^'  capital  stock;  provided,  that  no  stockholder  shall  be 

allowed  more  than  thirty  votes ;  and  absent  stockhold- 
ers may  vote  by  proxy.  And  if,  from  any  cause,  the 
Directors  shall  not  be  chosen  on  the  second  Tuesday 
of  January  as  aforesaid,  it  shall  be  lawful  to  choose 


MANUFAC.  INSURANCE  CO.      Feb.  23,  1822.  723 

them  on  any  other  day,  in  the  manner  herein  pro- 
vided. 

Sec.  4.  Be  it  further  enacted,  That  the  said  Direc- 
tors shall  meet  as  soon  as  may  be,  after  every  election, 
and  choose  from  their  own  Board,  one  person  to  be 
President,  who  shall  be  sworn  to  the  faithful  discharge  officers  to  be 
of  the  duties  of  his  office;  and  every  vacancy  in  the caTcies  fiiieii.^'*" 
office  of  President  or  Directors,  that  may  occur  in  the 
interim  of  the  annual  meetings,  may  be  filled  by  a 
special  election,  in  the  manner  herein  prescribett  for 
the  annual  elections. 

Sec.  5.  Be  it  further  enacted,  That  the  President 
and  three  Directors,  or  four  Directors  in  the  absence 
of  the  President,  shall  be  a  Board  competent  to  trans- 
act the  business  of  the  company;   and  all  questions 
before  them   shall   be  decided  by  a  majority  of  the 
Board ;  and  they  shall  have  power  to  make  such  rules 
and  by-laws,  as  they  may  deem  proper  for  the  man-  By-Lavs. 
agement  of  the  affairs,  and  security  of  the  property  of 
said  company,  and  have  power  to  appoint  a  Secretary, 
and  such  other  officers,  as  they  think  expedient,  and 
make  such  compensation  as  they  may  deem  adequate  compensation  to 
to  the  services  performed :   Provided,  that  such  rules"  "*"''' 
and  by-laws  be  not  repugnant  to  the  laws  of  this  Com- 
monwealth. 

Sec.  6.  Be  it  further  enacted,  That  any  two  of  the 
persons  named  in  this  act,  are  hereby  authorized  to 
call  a  first  meeting  of  said  company,  for  the  purpose  First  Meetiag;. 
of  organizing  and  putting  the  same  into  operation,  by 
giving  notice  in  two  newspapers  printed  in  Boston, 
three  days  previous  to  the  time  of  holding  such  first 
meeting;  and  in  case  this  act  shall  not  be  put  into  ope- 
ration, within  one  year  from  the  passing  thereof,  the 
same  shall  be  void. 

Sec.  7.    Be  it  further  enacted.  That  the  said  com- 
pany shall  never  take  on  any  one  risk,  a  sum  ex- Limitation  of 
ceeding  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  23d,  1822.] 
94 


724 


PERSONS  SET  OFF. 


Feb.  23,  1822. 


Persons  set  off. 


Boundaries, 


Conditioas  of 
towns. 


Conditions  of 
separation. 


CHAP.  CVl. 

An  Act  to  set  off  certain  persons  from  Dudley,  and 
annex  them  to  Southbridge,  in  the  County  of  Wor- 
cester. 

Sec.  1.  J3E  if  enacted  by  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  Otis  Ammidown,  Ca- 
leb Ammidown,  Thomas  Cheney,  Joel  Cheney,  Jera 
Mansfield,  Charles  Cheney,  and  Hiram  Cheney,  to- 
gether with  their  estates,  shall  be,  and  hereby  are  set 
off  from  Dudley,  and  annexed  to  the  Town  of  South- 
bridge  ;  to  enjoy  all  the  privileges  and  immunities  of 
the  inhabitants  of  Southbridge;  bounded  as  followeth: 
beginning  at  the  Great  Monument,  on  the  line  between 
said  Dudley  and  Southbridge;  from  thence  north,  twen- 
ty four  degrees  east,  two  hundred  and  forty  rods,  to  a 
corner  of  Caleb  Ammidown's  land;  thence  north,  twen- 
ty two  degrees  east,  thirty  two  rods ;  thence  north,  ten 
degrees  east,  two  hundred  and  thirty  rods,  to  Quina- 
baug  River,  so  called ;  thence  up  said  river,  one  hun- 
dred and  one  half  rods,  to  a  chesnut  tree  on  the  bank 
of  said  river ;  thence  north,  four  degrees  west,  one  hun- 
dred and  sixty  six  rods;  thence  north,  nine  and  one 
fourth  degrees  east,  two  hundred  and  sixty  rods,  to  a 
black  oak  tree,  on  Southbridge  north  line. 

Sec.  2.  Be  it  further  enacted,  That  the  Town  of 
Southbridge  shall  maintain  all  persons  who  heretofore 
have,  now  are,  or  may  hereafter,  gain  a  settlement  in 
the  abovementioned  premises,  and  may  become  charge- 
able to  any  town  in  this  Commonwealth. 

Sec.  3.  Be  it  further  enacted,  That  the  persons 
aforesaid  shall  pay  all  taxes  that  now  are  assessed 
on  the  Town  of  Dudley,  agreeably  to  the  valuation  of 
the  premises  aforesaid ;  and  the  Town  of  Southbridge 
shall  maintain  and  keep  in  repair,  one  third  part  of 
the  Vinton  Bridge,  so  called,  in  Dudley,  forever; 
provided,  the  persons  before  mentioned,  shall  have 
the  same  privilege  of  the  inhabitants  of  Dudley,  to 
obtain  materials  to  repair  the  same. 

[Approved  by  the  Governor,  February  23d;  1822.] 


SUPPLIES  FOR  S.  PRISON.        Feb.  23,  1822.  725 


CHAP.  CVIL 

An  Act  to  apportion  and  assess  a  Tax  of  Seventy 
Five  Thousand  Dollars,  and  to  provide  for  the  re- 
imbursement of  Eisihteen  Thousand,  Six  Hundred  Annual  state 

•  Tax 

and  Ninety  Two  Hollars,  paid  out  of  the  public 
treasury,  to  the  Members  of  the  House  of  Repre- 
sentatives, for  their  attendance  the  three  last  ses- 
sions of  the  General  Court. 

[Approved  by  the  Governor,  February  23d,  1822.] 


CHAP.  CVIII. 

An  Act  for  regulating  the  supplies  of  Food,  and  other 
articles,  for  the  State  Prison,  and  for  letting  by  con- 
tract, the  labor  of  the  Convicts. 

Sec.  1.  KE  it  enacted  by  the  Senate  and  House  of 
liepresentatives,  in  General  Court  assembled^  and  by 
the  authority  of  the  same,  That  from  and  after  the  first 
day  of  April  next,  there  shall  not  be  purchased  for  the 
support  and  maintenance  of  the  convicts  in  the  State 
Prison,  any  other  articles  of  food,  than  coarse  beef, 
pork,  and  mutton,  lard,  fish,  rye  and  indian  meal, 
beans,  potatoes,  salt,  vinegar,  molasses,  and  soft  soap; 
that  no  milk,  nor  liquor  of  any  kind,  shall  be  permit-  Prisoaers'  Food. 
ted  for  their  use,  except  water;  nor  shall  any  groceries 
of  any  kind,  or  any  articles  used  in  the  preparation  of 
food,  be  purchased  for  the  consumption  of  the  said 
convicts,  other  than  those  named  above,  with  the  ex- 
ception of  such  articles  as  may  be  needed  for  patients 
in  the  hospital,  which  shall  be  provided  at  the  requi- 
sition, in  writing,  of  the  Physician  to  the  prison. 

Sec.  2.  Be  it  further  enacted,  That  from  and  after 
the  first  day  of  April  next,  no  article  of  food  or  drink, 
of  any  kind,  shall  be  purchased  at  the  expense  of  the 
State,  for  the  consumption  of  the  Keeper,  Turnkeys, 


726 


SUPPLTES  FOR  S.  PRISON.        Feb.  23,  1822. 


Watchmen,  or  any  other  officer,  connected  with  the 
prison,  nor  shall  any  rations  of  any  kind,  be  delivered 
to  them,  or  any  one  of  them;   but  that,  in  lieu  of  the 
*  rations   now   furnished   to  the  officers   above   named, 

there  shall  be  allowed  to  each  of  the  individuals  above 
Pay  of  Rations,  named,  to  be  received  in  quarterly  or  monthly  pay- 
ments— To  the  Keeper,  the  sum  of  three  dollars,  and 
to  each  of  the  others,  two  dollars  per  week:  And  it 
shall  be  their  duty  to  form  themselves  into  a  mess  or 
messes,  and  to  appoint  one  or  more  of  their  number, 
to  take  charge  of  providing  the  pro  isious,  solid  or  li- 
quid, they  may  wish  to  consume;  and  they  shall  have 
free  use  of  the  kitchen,  store  rooms,  and  fuel  for  their 
use,  which  will  be  furnished  by  the  prison,  without 
charge. 

{?EC.  3.  Be  it  further  enacted,  That  from  and  after 
the  first  day  of  April  next,  all  the  articles  required  by 
the  terms  of  this  act,  shall  be  furnished  by  sealed 
tender,  for  the  term  of  one  year.  And  the  Warden 
shall  cause  an  estimate  to  be  prepared  of  the  quanti- 
ties that  may  be  wanted;  and  the  Directors  shall  give 
Supplies  to  be  publlc  notlce  by  causing  advertisements  to  be  inserted 
three  times,  in  two  different  newspapers  published  in 
Boston,  between  the  first  and  tenth  day  of  March,  an- 
iiually,  stating  that  sealed  tenders  will  be  received  for 
the  supplies  of  the  articles  wanted,  and  each  of  them 
separately,  to  be  delivered  at  such  times,  and  in  such 
quantities,  as  the  Warden  and  Directors  may  appoint, 
and  to  be  paid  for  in  quarterly  payments;  which  ten- 
ders shall  be  opened  by  the  Warden,  in  the  presence 
of  the  Directors,  and  the  lowest  ofter  shall  be  accept- 
ed: and  the  person  so  contracting,  shall  give  bonds  in 
a  suitable  penalty,  for  the  due  performance  of  the  same* 
8ec.  4.  Be  it  further  enacted,  That  from  and  after 
the  first  day  of  April  next,  all  raw  materials  wanted 
for  the  use  of  the  prison,  such  as  stone,  wood,  fuel, 
hospital  stores,  iron,  steel,  and  hardware  goods,  and 
also  the  truckage,  shall  be  furnished  by  contract.  And 
the  Warden  shall  prepare  an  estimate  of  the  probable 
quantities  of  these  articles;  and  he,  with  the  Direc- 
tors, shall  furnish  a  form  of  tender  for  these  articles 
that  may  be  most  conveniently  separated;  and  public 
nptice  shall  be  given  in  the  same  manner,  as  is  provi- 


contracted  for. 


Contracts  for 
raw  materials. 


BOSTON  POLICE  COURT.  Feb.  23,  1822.  727 

dec!  ill  the  third  section  of  this  act,  and  the  same  stipu- 
lations and  securities  entered  into,  for  the  delivery  and 
payment  of  these  articles,  and  doing  the  truckage. 

Sec.  5.  Be  it  further  enacted  ^  That  such  part  of  the 
convicts,  who  are  not  employed  in  laboring  for  account 
of  the  prison,  shall  annually,  be  let  to  contractors,  for 
the  term  of  one  year,  to  begin  from  the  first  of  April; 
and  that  notice  shall  be  given,  by  advertising  in  the 
same  manner,  as  is  provided  in  the  third  section  of 
this  act,  that  all  persons  may  apply  at  the  prison,  to 
receive  information  regarding  the  prisoners,  and  the 
work  they  can  perform ;  and  sealed  tenders  shall  then 
be  received  for  any  number  of  them,  to  be  employed  Employment  or 
in  such  labor  as  the  contractor  may  prefer,  subject  to^"**"*^"' 
the  regulations  established  for  the  government  of  the 
prison;  the  contractors  shall  give  bond  for  the  pay- 
ment of  the  hire,  in  equal  quarterly  payments:  And 
no  officer  of  the  prison  shall  ever  be  concerned,  direct- 
ly or  indirectly,  in  any  contract  for.  the  hire  of  the 
convicts,  under  pain  of  dismission  from  his  office :  pro- 
vided, that  nothing  in  this  act  shall  go  to  destroy  the 
fulfilment  of  any  contracts  heretofore  entered  into,  on 
account  of  the  prison. 

Sec.  6.  Be  it  farther  enacted,  That  the  State  shall 
have  a  preferent  claim  over  all  other  creditors,  for  any  claims  of  state. 
debts  arising  out  of  these  contracts. 

[Approved  by  the  Governor,  February  23d,  1822.} 


CHAP.  CIX. 

An  Act  to  regulate  the  Administration  of  Justice  within 
the  County  of  Suffolk,  and  for  other  purposes. 

Sec.  1.  IJE  it  enacted  hy  the  Senate  and  House  of 
Representatives,  in  General  Court  assembled,  and  by 
the  authority  of  the  same.  That  the  Town  of  Chelsea 
shall  continue  to  be  a  part  of  the  County  of  Suffolk, 
for  all  purposes  relating  to  the  administration  of  jus- 


728 


BOSTON  POLICE  COURT. 


Feb.  23,  1822. 


Police  Court. 


Daily  sessions. 


tice,  as  though  tliis  act  had  not  been  passed ;  excepting 
that  the  Town  of  Chelsea  shall  not  be  liable  to  taxa- 
tion for  any  county  purposes,  until  the  Legislature 
shall  otherwise  order;  and  excepting  also,  as  herein 
after  provided,  concerning  the  jurisdiction  of  Justices 

Judicial  connex- of  the  Pcace.  That  the  Court  of  Common  Pleas  in 
the  County  of  Suffolk,  shall  have  jurisdiction  in  all 
matters  and  things,  which,  in  relation  to  the  Town  of 
Chelsea,  or  the  inhabitants  thereof,  were  cognizable 
by  the  Court  of  Sessions  in  the  County  of  Suffolk, 
before  the  passing  of  this  act. 

Sec.  2.  Be  it  further  enacted,  That  there  shall  be, 
and  hereby  is  established  within  and  for  the  City  of 
Boston,  a  Police  Court,  to  consist  of  three  learned, 
able,  and  discreet  persons,  to  be  appointed  and  com- 
missioned by  the  Governor,  pursuant  to  the  constitu- 
tion, and  the  senior  Justice  shall  preside  in  said  Court; 
and  a  Court  shall  be  held  daily,  at  nine  o'clock  in  the 
forenoon,  and  at  three  o'clock  in  the  afternoon,  by  some 
one  or  more  of  said  Justices ;  and  at  any  other  times 

Recognizances,  whcu  ueccssary,  to  take  cognizance  of  all  crimes,  of- 
fences, and  misdemeanors,  whereof  Justices  of  the 
Peace  may  take  cognizance  by  law;  and  of  all  offen- 
ces which  may  be  cognizable  by  one  or  more  of  said 
Justices,  according  to  the  by-laws,  rules,  and  regula- 
tions which  may  be  established  by  the  proper  autho- 
rity of  the  City  of  Boston.  And  the  Court  hereby 
constituted,  shall  hear  and  determine  all  suits,  com- 
plaints, and  prosecutions,  in  like  manner  as  is  by  law 
provided,  for  the  exercise  of  the  powers  and  authority 
which  are,  or  may  be  vested  in  Justices  of  the  Peace; 
and  do  all  such  acts  necessary  to,  or  consistent  with, 
such  powers  and  authority,  reserving  to  any  party  ag- 
grieved, an  appeal,  in  like  manner  as  appeals  may  be 
claimed  in  all  other  cases :  Provided,  always,  that  no 
one  of  said  Justices  shall  be  of  counsel,  or  attorney,  to 
any  party,  in  any  matter  or  thing  whatsoever,  which 
may  be  pending  before  said  Justices,  or  either  of  them. 
Sec.  3.  Be  it  further  enacted,  That  all  warrants 
issued  by  said  Justices,  or  either  of  them,  or  by  any 
Justice  of  the  Peace  within  the  City  of  Boston,  shall 
be  made  returnable,  and  be  returned,  before  the  said 
Police  Court:  Provided,  always^  that  no  process  re- 


Powers  of  the 
Court. 


Appeals. 


Bcturns  of  war 
rants. 


BOSTON  POLICE  COURT.  Feb.  23,  1822.  729 

turnable  before  a  Justice  of  the  Peace  residing  in  said 
Town  of  Chelsea,  except  for  causes  of  complaint  ari- 
sing in  Chelsea,  shall  be  served  within  the  City  of 
Boston.  And  if  any  warrant  shall  be  issued  by  any 
Justice  of  the  Peace,  who  is  not  one  of  the  Justices  of 
the  said  Police  Court,  the  lawful  fees  payable  there- 
for, shall  not  be  paid  nor  allowed,  unless,  on  the  ex- 
amination or  hearing  before  said  Police  Court,  it  shall 
appear  to  said  Court,  that  there  was  just  and  reasona- 
ble cause  for  issuing  said  warrant;  in  which  case,  such 
fees,  costs,  and  charges,  shall  be  allowed  and  taxed,  costs,  &c. 
in  like  manner,  as  though  said  warrant  had  been  issu- 
ed by  a  Justice  of  the  Peace,  according  to  the  law  now 
in  force. 

Sec.  4.  Be  it  further  enacted,  That  the  said  Justices 
of  said  Court  shall  severally  receive,  in  full  compensa- 
tion for  all  services  herein  before  assigned  to  them, 
such  salary,  annually,  payable  out  of  the  treasury  of  salaries. 
the  City  of  Boston,  as  the  City  Council  shall  fix  and 
determine,  payable  quarter  yearly; — the  said  annual 
salary  shall  include,  and  be  payment  in  full,  not  only 
for  the  services  rendered  by  the  said  Justices,  in  all 
prosecutions,  suits,  and  complaints,  but  also  in  full  for 
all  other  services  required  of  them  by  this  act,  except- 
ing when  acting  as  members  of  the  Board  of  Accounts, 
as  herein  after  provided  for. 

Sec.  5.  Be  it  further  enacted,  That  there  shall  be 
a  Clerk  of  said  Police  Court,  to  be  appointed  andcieikofPoUce. 
commissioned  by  the  Gfovernor,  with  the  advice  of 
Council,  and  removable  by  the  same  authority,  whose 
duty  it  shall  be  to  attend  every  Court  held  by  the  said 
Justices  of  the  said  Police  Court,  or  either  of  them, 
and  to  record  all  proceedings  therein  had,  and  to 
make  out  all  warrants  and  processes,  which  the  said 
Justices,  or  either  of  them,  may  order ;  to  tax  all  bills 
of  cost,  and  receive  fines,  penalties,  and  costs;  and  to  Account  of  ites. 
exhibit,  quarter  yearly,  to  the  Board  of  Accounts, 
herein  after  established,  a  particular  account  of  all 
sums  of  money  by  him  received  as  such  Clerk,  and 
shall  pay  over  all  sums  by  him  so  received,  to  the 
City  Treasurer,  immediately  after  his  accounts  shall 
liave  been  examined  and  certified  by  said  Board  of 
Accounts ;  and  the  accounts  so  exhibited,  from  time  to 


730 


BOSTON  POLICE  COURT. 


Feb.  23,  1822. 


time,  shall  be  recorded  by  the  City  Treasurer,  in  a 
book  to  be  by  him  kept  for  that  purpose,  when  the 
same,  with  the  certificate  of  allowance  thereof,  by  said 
Board,  shall  be  exhibited  to  him  by  said  Clerk,  and 
the  said  accounts  shall  be  filed  and  safely  kept  by 
said  Treasurer.  That  the  said  Clerk  shall  be  sworn 
to  the  faithful  performance  of  his  duty ;  and  shall  give 

Clerk's  bonds,  boud,  with  oue  or  more  surety  or  sureties,  to  the  ac- 
ceptance of  the  said  City  Treasurer,  for  the  faithful 
performance  of  the  duties  of  his  office,  in  such  penalty 
as  the  City  Council  shall  determine;  and  the  said 
Clerk  shall  receive  from  the  City  Treasury  such  an- 

pay  of  Clerk,  uual  compeusation,  payable  quarter  yearly,  as  the 
City  Council  shall  fix  and  determine,  and  no  other 
compensation  whatever.  That  the  said  Clerk  shall 
not  advise  with,  nor  be  of  counsel,  nor  attorney,  to 
any  party  in  any  suit,  complaint  or  process  whatso- 
ever, pending,  or  to  be  brought  before  said  Court;  and 
shall  be  removable  for  any  act  by  him  done  in  contra- 
vention of  this  provision. 

The  said  Clerk  is  hereby  authorized  and  empower- 
ed, with  the  consent  and  approbation  of  the  Justices 
of  said  Court,  to  employ,  if  it  be  found  necessary  so 

Assistant  Clerks,  to  do,  oue  or  uiore  Assistant  Clerks;  but  the  said 
Clerk  shall  be  responsible  for  all  persons  by  him  so 
employed;  and  the  said  City  Council  may  allow  to 
such  Assistant  Clerk  or  Clerks,  a  reasonable  and  just 
compensation,  payable  out  of  the  City  Treasury,  on 
the  certificate  of  the  said  Board  of  Accounts,  that  such 
Assistant  Clerk  or  Clerks  Mere  necessarily  employed: 

proTiso.  Provided,  always,  that  the  said  Clerk  of  said  Police 

Court,  shall  take  all  lawful  fees,  for  copies  which  he 
may  make  out  and  certify,  at  the  request  of  any  party 
or  person,  and  shall  endorse  thereon,  the  amount  of 
said  fees,  and  account  for  all  fees  by  him  so  received, 
to  the  City  Treasurer. 

Sec.  6.  Be  it  further  enacted,  That  a  Court  shall 
be  held  by  one  or  more  of  said  Justices,  on  two  seve- 
ral days  in  each  week,  and  as  much  oftener  as  may 
be  necessary,  to  be  called  and  styled  the  Justices' 

Justices  Court.  Court  for  the  County  of  Suffolk;  which  Court  shall 
have  original,  exclusive  jurisdiction  and  cognizance  of 
all  civil  suits  and  actions,  which  before,  and  until  the 


BOSTON  POLICE  COURT.  Feb.  23,  1822.  731 

passing  of  this  act,  might,  by  law  be  heard,  tried  and 
determined  before  any  Justice  of  the  Peace,  within 
and  for  the  County  of  Suifolk;  and  an  appeal  shall 
be  allowed  from  all  judgments  in  said  Justices'  Court, 
in  like  manner  as  appeals  are  now  allowed  by  law, 
from  judgments  of  Justices  of  the  Peace  in  civil  ac- 
tions in  the  said  County  of  Suffolk.  All  writs,  and 
summons,  and  processes,  may  be  tested  by  either  of 
the  Justices  of  said  Court;  and  it  shall  be  the  duty  of 
said  Justices  to  keep  a  true  and  faithful  account  of  all 
fees  by  them  respectively  received  in  civil  suits  and 
actions,  and  to  render  a  just  and  true  account  thereof, 
on  oath,  quarter  yearly,  to  the  Board  of  Accounts;  and  Board  of  At- 
all  sums  of  money,  by  them  so  received,  shall  be  ac-  *"'""^' 
counted  for,  and  paid  into  the  City  Treasury:  and  it 
shall  be  the  duty  of  such  Justice,  to  make  a  true  and 
faithful  record,  according  to  law,  of  his  proceedings  in 
every  trial  and  process  of  a  civil  nature,  which  may 
be  had  before  him.  That  all  the  Justices  of  the  said 
Court  shall,  from  time  to  time,  assemble,  to  establish 
all  necessary  rules  for  the  orderly  and  uniform  con-  uniform  Rules. 
ducting  of  the  business  of  said  Courts,  both  of  civil 
and  criminal  jurisdiction,  and  to  agree  upon  the  man- 
ner and  course,  in  which  they  shall  respectively  per- 
form the  duties  by  this  act  assigned  to  them,  so  as  to 
ensure  a  constant,  prompt  and  punctual  performance 
thereof,  and  to  equalize  the  same,  as  near  as  may  be, 
among  themselves. 

And  the  said  Justices,  when  assembled,  shall  have 
pow  er  to  discharge  from  prison  any  person  or  persons,  Discharges  fioi» 
who  may  be  there  held,  for  no  other  cause  than  the^""""" 
non-payment  of  fine  and  costs,  if  it  shall  appear  to 
said  Justices  that  such  person  or  persons  are  poor  and 
unable  to  pay  the  same:  Provided,  always,  that  when 
such  person  or  persons  are  held  under  sentence  of  the 
Municipal  Court,  that  the  assent  of  the  Judge  of  that 
Court,  that  such  person  or  persons,  shall  be  dischar- 
ged, shall  be  first  given. 

Sec.  7.  Be  it  further  enacted,  That  all  suits,  actions 
and  prosecutions,  which  shall  be  instituted,  and  which 
shall  be  pending  before  any  Justice  of  the  Peace,  with- pending  s.u«, 
in  the  County  of  Suffolk,  at  the  time  when  the  said 
Police  Court,  and  the  said  Court  of  the  Justices  of  the 
95 


732  BOStON  POLICE  COURT.  Feb.  23,  1822 

County  of   Suffolk,  shall  have  been  organized,  and 
shall  have  been  duly  qualified  to  perform  the  duties 
hereby  assigned  to  said  Courts,  shall  be  heard  and 
determined  as  though  this  act  had  not  been  passed. 
Sec.  8.  Be  it  further  enacted^  That  the  Court  of 

Common  Pleas.  Common  Pleas,  holden  within  and  for  the  County  of 
Suffolk,  shall  have,  exercise,  antl  perform,  all  the 
powers  and  duties,  which,  before  the  passing  of  this 
act,  were  by  law  had,  exercised,  and  performed,  by 
the  Court  of  Sessions  in  said  county,  with  regard  to 
streets  and  vvays,  and  with  regard  to  all  other  suits, 
processes,  and  proceedings   whatsoever,   in  which  a 

juiytriab.  trial  by  jury  may  be  had  or  required ;— and  such  trial 
shall  he  had  at  the  bar  of  said  Court  of  Common 
Pleas,  in  the  same  manner  as  other  civil  causes  arc- 
there  tried,  by  tlie  Jurors  there  returned  and  empan- 
nelled ;  and  the  Jury,  to  whom  such  cause  may  be 
committed,  shall  be  taken  to  view  the  place  in  ques- 
tion, if  cither  party  shall  request  it.  And  all  suits 
and  processes,  pending  in  said  Court  of  Sessions,  at 
the  passing  of  this  act,  whereof  cognizance  and  juris- 
diction is  hereby  given  to  the  said  Court  of  Common 

Transfer  of  Suits  Pleas,  shall  be  transferred  to,  and  heard  and  determi- 
ned in  the  said  Court  of  Common  Pleas,  as  though 
the  same  had  been  originated  or  instituted  in  said 
Court,  in  pursuance  of  this  act. 

Sec,  9.  Be  it  further  enacted,  That  the  Judge  of 
Probate  for  the  County  of  Suffolk,  and  the  Judge  of 
the  Municipal  Court  of  the  Town  or  City  of  Boston, 
and  the  said  Justices  of  the  Police  Court,  shall  be,- 

BoardofAc-     and  they  hereby  are  constituted  a  Board  of  Accounts: 

counts.  ^j^j  ^j^^  g^lj  Board  shall  assemble  quarter  yearly,  and 

as  much  oftener  as  may  be  found  necessary ;  and  when 
so  assembled,  shall  have  power,  and  it  shall  be  their 
duty,  to  adjust,  liquidate,  examine,  and  allow,  all  bills 
of  costs,  accounts  and  charges,  whicli  may  be  made, 
or  which  may  arise  in  the  course  of  proceedings  in  the 
said  Police  Court,  and  in  the  Municipal  Court,  and  in 

funeral  powers,  the  maintenance  and  keeping  of  the  prisoners  in  the 
jail  of  the  County  of  Suffolk,  and  of  all  other  charges 
and  expenses  in  keeping  said  jail,  and  of  all  other 
places  of  confinement  and  punishment,  within  the  City 
of  Boston ;  and  the  said  Board  of  Accounts  shall  cer- 


BOSTON  POLICE  COURT.  Feb,  23,  1822.  738 

tify,  that  said  accounts,  charges,  and  expenses,  have 
been  examined  and' allowed  by  them — and  the  certifi- 
cate of  such  examination  and  allowance  shall  be  en- 
dorsed on  the  accounts  exhibited  to  said  Board,  and 
shall  be  addressed  to  the  public  officer  by  whom  such 
charges,  fees,  and  expenses,  may  be  payable  by  law. 
Sec.  10.  Be  it  further  enacted^  That  the  said 
Judges  and  Justices  are  empowered,  and  it  is  hereby 
made  their  duty,  to  assemble  quarter  j^early,  and  pro- 
ceed to  inspect  the  jail  in  the  County  of  SufiPolk,  and  inspection  of 

.  Prison*^ 

all  other  ])laces  of  confinement  and  punishment  for 
crimes,  offences,  or  non-payment  of  fines  or  debts,  and 
to  make  report  of  their  proceedings  to  the  Mayor  and 
Aldermen  of  the  City  of  Boston ;  and  therein  to  state  all 
grievances,  mismanagements,  and  negligence,  which 
they  may  find  to  exist;  and  therein  to  suggest  such 
changes  and  improvements,  as  to  them  may  seem  wise 
and  expedient.  Any  three  or  more  of  said  Justices 
and  Judges  shall  constitute  a  quorum  for  the  per- 
formance of  the  duties  hereby  assigned  to  them.  x\nd 
the  said  Judges  and  Justices  shall  be  entitled  to  have 
and  receive,  out  of  the  City  Treasury,  the  sum  of  three 
dollars  respectively,  for  each  and  every  day  which  may  Pay  of  justices. 
be  by  them  devoted  to  the  performance  of  the  duties 
hereby  assigned  to  them. 

Sec.  11.  Be  it  further  enacted,  That  the  Court  of 
Sessions,  within  and  for  the  County  of  Suffolk,  be, 
and  the  same  is  hereby  abolished:  And  the  Mayor  conrt  of  session? 
and  Aldermen  of  the  City  of  Boston,  for  the  time*"''' 
being,  shall  have  all  the  powers,  and  perform  all  the 
duties,  which  before,  and  until  the  passing  of  this  act, 
were  had  and  performed  by  the  Court  of  Sessions, 
excepting  as  otherwise  provided  for  by  this  act,  or 
any  other  act  relating  to  the  transfer  of  the  powers 
heretofore  vested  in  said  Court  of  Sessions. 

Sec.  12.  Be  it  further  enacted,  That  the  Treasnrer 
of  the  City  of  Boston  shall  be,  ex  officio,  Treasurer  of  Treasurer. 
the  County  of  Suffolk;  and  shall  keep  all  such  books 
as  may  be  proper  and  necessary,  as  Treasurer  of  the 
City  of  Boston,  and  as  Treasurer  of  the  county. 

Sec.  13.     Be  it  further  enacted,  That  all  taxes 
which  may  be  assessed  for  city  or  county  purposes.  Assessment  of 
within  the  City  of  Boston,  may  be  assessed  separate- ^'"'^'' 


734 


CITY  OF  BOSTON. 


Feb.  23,  1822. 


-Auditors. 


ly,  as  county  taxes  and  as  city  taxes,  or  under  the  de- 
nouiiuatiou  of  city  taxes  only,  as  the  city  government 
may  see  fit,  from  time  to  time,  to  order  and  direct. 

Sec.  14.  Be  it  further  enacted^  That  the  City  Go- 
vernment of  the  City  of  Boston  shall  have  power  and 
authority  to  provide  for  the  appointment  and  compen- 
sation of  one  or  more  Auditors,  and  of  one  or  more 
Clerks  in  the  Treasury  Department,  as  said  govern- 
ment may  find  to  be  necessary  or  convenient. 

Sec.  15.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Mayor  and  Aldermen  of  the  City  of  Bos- 
piaces  for  hold-  tou,  to  provlde  convenient  and  proper  places  for  the 
holding  of  the  Courts  by  this  act  established. 

Sec.  16.  Be  it  further  enacted^  That  this  act  shall 
go  into  operation  on  and  after  the  first  day  of  June 
next;  and  that  all  acts  and  parts  of  acts,  Avhich  are 
repugnant  to  the  provisions  of  this  act,  be,  and  the 
same  are  hereby  repealed. 

Sec.  17.  Be  it  further  enacted,  That  this  act  shall 
be  of  no  force  or  effect,  unless  a  certain  act  passed  at 
the  present  session,  entitled  "an  act  establishing  the 
City  of  Boston,"  shall  be  accepted  by  the  inhabitants 
of  the  Town  of  Boston,  pursuant  to  the  provision 
therein  made.  And  in  case  said  act  shall  be  so  ac- 
cepted, and  that  fact  certified  to  His  Excellency  the 
Grovernor,  by  the  Selectmen  of  the  Town  of  Boston, 
His  Excellency  is  hereby  authorized  to  announce  the 
same  by  proclamation;  whereupon  this  act  shall  be  in 
full  force,  and  go  into  operation  at  the  time  herein 
before  limited. 

[Approved  by  the  Governor,  February  23d,  1822.] 


iiig  Courts. 


Acts  repealed. 


Conditional 
clause. 


CHAP.  ex. 

An  Act  establishing  the  City  of  Boston. 


Sec.  1.  tf  E  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 


CITY  OF  BOSTON.        -  Feb.  23,  1822.  735 

Town  of  Boston,  for  all  purposes,  for  which  towns 
are  by  law  incorporated,  in  this  Commonwealth,  shall 
continue  to  be  one  hotly  politic,  in  fact  and  in  name, 
under  the  style  and  denomination  of  the  City  of  Bos-  xitii-. 
ton;  and  as  such,  shall  have,  exercise,  and  enjoy,  all 
the  rights,  immunities,  powers,  and  privileges,  and  General  powm. 
shall  be  subject  to  all  the  duties  and  obligations,  now 
incumbent  upon,  and  appertaining  to  said,  town,  as  a 
municipal  corporation.  And  the  administration  of  all 
the  fiscal,  prudential,  and  municipal  concerns  of  said, 
city,  with  the  conduct  and  government  thereof,  shall 
be  vested  in  one  principal  officer,  to  be  styled  the 
Mayor;  one  select  Council,  consisting  of  eight  per- 
sons, to  be  denominated  the  Board  of  Aldermen ;  and  city  omces, 
one  more  numerous  Council,  to  consist  of  forty  eight 
persons,  to  be  denominated  the  Common  Council ; 
which  Boards  in  their  joint  capacity,  shall  be  denomi- 
nated the  City  Council,  together  with  such  other  Board 
of  Officers,  as  are  herein  after  specified. 

Sec.  2.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Selectmen  of  Boston,  as  soon  as  may  be, 
after  the  passing  of  this  act,  to  cause  a  nev/  division  of  waidsi 
the  said  town  to  be  made  into  twelve  wards,  in  such 
manner  as  to  include  an  equal  number  of  inhabitants 
in  each  ward,  as  nearly  as  conveniently  may  be,  con- 
sistently with  well  defined  limits  to  each  ward;  in- comnutation of 
eluding  in  such  computation  of  numbers  of  inhabitants,  """^  "'" 
persons  of  all  descriptions,  and  taking  the  last  census, 
made  under  the  authority  of  the  United  States,  as  a 
basis  for  such  computation.  And  it  shall  be  in  the 
power  of  the  City  Council,  herein  after  mentioned, 
from  time  to  time,  not  oftener  than  once  in  ten  years, 
to  alter  such  division  of  wards,  in  such  a  manner  as 
to  preserve,  as  nearly  as  may  be,  an  equal  number  of 
inhabitants  in  each  ward. 

Sec.  3.  Be  it  further  enacted,  That  on  the  second 
Monday  of  April,  annually,  the  citizens  of  said  city, 
qualified  to  vote  in  city  affairs,  shall  meet  together,  Election  of  cnj 
within  their  respective  wards,  at  such  time  and  place,  °*"'''" 
as  the  Mayor  and  Aldermen  may,  by  their  warrant, 
direct  and  appoint:  and  the  said  citizens  shall  then 
choose  by  ballot,  one  Warden  and  one  Clerk,  who 
shall  be  a  resident  in  said  ward,  who  shall  hold  their 


736  CITY  OF  BOSTON.  Feh.  23,  1822. 

Duty  of  Warden  officcs  foF  006  ycaF,  Rud  Until  others  shall  be  appointed 
in  their  stead.  And  it  shall  be  the  duty  of  such  War- 
den to  preside  at  all  meetings  of  the  citizens  of  such 
M  ard,  to  preserve  order  therein :  and  it  shall  be  the 
duty  of  such  Clerk,  to  make  a  fair  and  true  record, 
and  keep  an  exact  journal  of  all  the  acts  and  votes  of 
the  citizens,  at  such  ward  meetings:  to  deliver  over 
such  records  and  journals,  together  uith  all  other  doc- 
uments and  papers  held  by  him,  in  said  capacity,  to 
his  successor  in  such  oflRce.  And  if,  at  the  opening  of 
any  annual  meetins:.  the  Warden  of  such  ward  should 
not  be  present,  the  Clerk  of  such  ward  shall  call  the 
citizens  to  order,  and  preside  at  such  meeting,  until 
a  ^^'arden  shall  be  chosen  by  ballot.  And  if,  at  any 
other  meeting,  the  Warden  shall  be  absent,  the  Clerk 
in  such  case,  shall  so  preside,  until  a  Moderator,  or 
Warden,  jiro  tempore,  shall  be  chosen:  which  ma\  be 

Inspectors.  doue  bv  uomiuatiou  and  hand-vote,  if  the  Clerk  so 
direct.  At  such  meeting  also,  five  Inspectors  of  Elec- 
tions shall  be  chosen,  for  such  ward,  being  residents 
therein,  by  ballot,  to  hold  their  offices  for  one  year. 
And  it  shall  be  the  duty  of  the  W^arden  and  Inspec- 
tors, in  each  ward,  to  receive,  sort,  count,  and  declare 
all  votes,  at  all  elections  within  such  ward.     And  the 

Duties  of  inspec- Warden,  Clerk,  and  Inspectors,  so  chosen,  shall,  re- 
spectively, be  under  oath,  faithfully  and  impartially 
to  discharge  their  several  duties,  relative  to  elections; 
which  oath  may  be  administered  by  the  Clerk  of  such 
ward,  to  the  Warden,  and  by  the  latter,  to  the  Clerk 
and  Inspectors,  or  by  any  Justice  of  the  Peace  of  the 
County  of  Suffolk :  and  a  certificate  of  such  oaths 
having  been  administered,  shall  be  entered  in  the  re- 
cord or  journal,  to  be  kept  by  the  Clerk  of  such  ward. 
Sec.  4.    Be  it  further  enacted ^  That  the  Warden, 

Powers  of  War- or  other  presiding  officer,  of  such  ward  meeting,  shall 
have  full  power  and  authority  to  preserve  order  and 
decorum  therein,  and  to  repress  all  riotous,  tumultu- 
ous, and  disorderly  conduct  therein;  and  for  that  pur- 
pose, to  call  to  his  aid,  any  Constable,  or  other  peace 
officer,  and  also  to  command  the  aid  and  assistance  of 
any  citizen  or  citizens,  who  may  be  present;  and  any 
peace  officer,  or  other  citizen,  neglecting  or  refusing  to 
afford  such  aid,  shall  be  taken  and  deemed  to  be  guilty 


CITY  0^  BOSTON.  Feb.  23,  1822.  737 

of  a  misdemeanor.  And  such  Warden  shall  also  have 
power  and  authority,  by  warrant,  under  his  hand,  to 
cause  any  person  or  persons,  who  shall  be  guilty  of 
any  riotous,  tumultuous,  or  disorderly  conduct  at  such  Pro>«o, 
meeting,  to  be  taken  into  custody,  and  restrained ;  pro- 
videdf  however,  that  such  restraint  shall  not  continue 
after  the  adjournment  or  dissolution  of  such  meeting: 
and  provided,  further,  that  the  person,  so  guilty  of 
such  disorderly  conduct,  shall  be  liable,  notwithstand- 
ing such  restraint,  to  be  prosecuted  and  punished,  in 
the  same  manner,  as  if  such  arrest  had  not  been  made. 
Sec.  5.  Be  it  further  enacted,  That  the  citizens  of 
said  city,  qualified  to  vote  in  city  aflTairs,  at  their  re- 
spective ward  meetings,  to  be  held  on  the  second  Mon- 
day in  April,  annually,  shall  be  called  upon  to  give  in 
their  votes  for  one  able  and  discreet  person,  being  an  choice  of  Maw- 
inhabitant  of  the  city,  to  be  Mayor  of  said  city,  for 
the  term  of  one  year.  And  all  the  votes  so  given  in,  in 
each  ward,  being  sorted,  counted,  and  declared  by  the 
Warden  and  Inspectors  of  Elections,  shall  be  record- 
ed at  large,  by  the  Clerk,  in  open  ward  meeting;  and 
in  making  such  declaration  and  record,  the  whole 
number  of  votes  or  ballots,  given  in,  shall  be  distinct- 
ly stated,  together  with  the  name  of  every  person  voted 
for,  and  the  number  of  votes  given  for  each  person  re- 
spectively; such  numbers  to  be  expressed  in  words  at  Returns  of  vots*, 
length :  and  a  transcript  of  such  record,  certified  and 
authenticated  by  the  Warden,  Clerk,  and  a  majority 
of  the  Inspectors  of  Elections  for  each  ward,  shall 
forth witli  be  transmitted  or  delivered  by  such  Ward 
Clerk,  to  the  Clerk  of  the  city.  And  it  shall  be  the 
duty  of  the  Cify  Clerk,  forthwith  to  enter  such  returns, 
or  a  plain  and  intelligible  abstract  of  them,  as  they  are 
successively  received,  upon  the  journal  of  the  proceed- 
ings of  the  Mayor  and  Aldermen,  or  some  other  book 
to  be  kept  for  that  purpose.  And  it  shall  be  the  duty 
of  the  Mayor  and  Aldermen  to  meet  together,  within  Examma  ion .  i 
two  days  after  such  election,  and  to  examine  and  com- 
pare all  the  said  returns,  and  to  ascertain  whether  any 
person  has  a  majority  of  all  the  votes  given  for  Mayor: 
And  in  case  a  majority  is  so  given,  it  shall  be  their 
duty  to  give  notice  thereof,  in  writing,  to  the  person 
thus  elected,  a»d  also  to  make  the  same  known  to  the 


736  CITY  OF  BOSTON,  Feb.  2%  1822. 

iDhabitants  of  said  city.     But  if,  on  such  an  examina- 
tion, no  person  appears  to  have  a  majority  of  all  ihe 
votes  given  for  Mayor,  the  Mayor  and  Aldermen,  for 
Continued  Eiec-thc  time  being,  shall  issue  their  warrants  for  meetings 
"™''  of  the  citizens  of  the  respective  wards,  for  the  choice 

of  a  Mayor,  at  such  time  and  place,  as  they  shall 
judge  most  convenient:  And  the  same  proceedings 
shall  be  had  in  all  respects,  as  are  herein  before  di- 
rected, until  a  Mayor  shall  be  chosen  by  a  majority 
of  all  the  voters,  voting  at  such  election.  And  in  case 
of  the  decease,  inability,  or  absence  of  the  Mayor,  and 
the  same  being  declared,  and  a  vote  passed  by  the  Al- 
dermen and  Common  Council,  respectively,  declaring 
Vacancies  to  be  such  cause,  Rud  the  expediency  of  electing  a  Mayor, 
supp>  .  jp^j,  ^jjg  i\m&  being,  to  supply  tiie  vacancy  thus  occa- 
sioned, it  shall  be  lawful  for  the  Aldermen  and  Com- 
mon Council  to  meet  in  convention,  and  elect  a  Mayor 
to  hold  the  said  oifice,  until  such  occasion  shall  be  re- 
moved, or  until  a  new  election. 

Sec.  6.    Be  it  further  enacted,  That  the  citizens  in 
their  respective  ward  meetings,  to  be  held  on  the  se- 
cond Monday  of  April,  annually,  shall  be  called  upon 
Boara  of  Alder-  to  glvB  iu  their  votes  for  eight  persons,  being  inhabi- 
^^  tants  of  said  city,  to  constitute  the  Board  of  Aldermen, 

for  the  ensuing  year;  and  all  the  votes  so  given,  being 
sorted,  counted,  and  declared  by  the  AVarden  and  In- 
spectors, shall  be  recorded  at  large,  by  the  Clerk,  in 
open  ward  meeting;  and  in  making  such  declaration 
and  record,  the  whole  number  of  votes  or  ballots  given 
in,  shall  be  particularly  stated,  together  with  the  name 
of  every  person  voted  for,  and  the  number  of  votes 
given  for  each  person;  and  a  transcript  of  such  record, 
certified  by  the  Warden  and  Clerk,  and  a  majority  of 
^ode  of  Election  the  Inspcctors  of  each  ward,  shall,  by  the  said  Clerk, 
within  two  days,  be  transmitted  to  the  City  Clerk; 
whereupon  the  same  proceedings  shall  be  had,  to  as- 
certain and  determine  the  persons  chosen  as  Alder- 
men, as  are  herein  before  directed,  in  regard  to  the 
choice  of  Mayor,  and  for  a  new  election,  in  case  of 
the  whole  number  required,  not  being  chosen  at  the 
first  election.  And  each  Alderman,  so  chosen,  shall 
be  duly  notified  in  writing,  of  his  election,  by  the 
Mayor  and  Aldermen  for  the  time  being. 


CITY  OF  BOSTON.  Feh.  23,  1822.  739 

Sec.  7.  Be  it  further  enacted,  That  the  citizens  of 
each  ward,  qualified  to  vote  as  aforesaid,  at  their  re- 
spective ward  meetings,  to  be  held  on  the  second 
Monday  of  April,  annually,  shall  be  called  upon  to 
give  in  their  votes  for  four  able  and  discreet  men,  be- 
ing inhabitants  of  said  ward,  to  be  members  of  the 
Common  Council;  and  all  the  votes  2;iven  in  as  afore- comm.n  coun- 

.  cil. 

said,  in  each  ward,  and  being  sorted,  counted,  and  de- 
clared by  the  Warden  and  Inspectors,  if  it  appear  that 
four  persons  have  a  majority  of  all  the  votes  given  in, 
at  such  election,  a  public  declaration  thereof,  with  the 
names  of  the  persons  so  chosen,  shall  be  made  in  open 
ward  meeting,  and  the  same^  shall  be  entered  at  large, 
by  the   Clerk   of  such  ward,  in  his  journal,  stating 
particularly,  the  whole  number  of  votes  given  in,  the  Mode  of  conduct- 
number  necessary  to  make  a  choice,  and  the  number '"^^  "'"''* 
actually  given  for  each  of  the  persons,  so  declared  to 
be  chosen.     But,  in  case  four  persons  are  not  chosen 
at  the  first  ballot,  a  new  ballot  shall  be  opened  for  a 
number  of  Common  Councilmen,  sufficient  to  complete 
the  number  of  four;  and  the  same  proceedings  shall  be 
had,  as  before  directed,  until  the  number  of  four  shall 
be  duly  chosen :  Provided^  however,  that  if  the  said, 
elections   cannot  conveniently  be  completed  on   such 
•day,  the  same  may  be  adjourned  to  another  day,  for  Adjournment  of 
that  purpose,  not  longer  distant  than  three  days.    And""*""^* 
each  of  the  persons  so  chosen,  as   a  member  of  the 
Common   Council,  in   each   ward,   shall,   within  two 
days  of  his  election,  be  furnished  with  a  certificate 
thereof,  signed  by  the  Warden,  Clerk,  and  a  majority 
of  the  Inspectors  of  such  ward ;  which  certificate  shall 
be  presumptive  evidence  of  the  title  of  such  person  to 
a  seat  in  the  Common  Council:  but  such  Council,  how-  Authority  of  the 
ever,  shall  have  authority  to  decide  ultimately,  upon^o— Council 
all  questions  relative  to  the  qualifications,  elections, 
and  returns  of  its  members. 

Sec.  8.  Be  it  further  enacted,  That  every  male  ci- 
tizen of  twenty  one  years  of  age  and  upwards,  except- 
ing paupers,  and  persons  under  guardianship,  who  shall 
have  resided  within  the  Commonwealth  one  year,  andquaiincationo^ 
within  the  city  six  months  next  preceding  any  meeting  ^''*'*''^°"' 
of  citizens,  either  in  wards,  or  in  general  meeting,  for 
municipal  purposes,  and  who  shall  have  paid  by  him- 
96 


740 


CITY  OF  BOSTON. 


Feb.  23.  1822 


self  or  his  parent.  niJi«:ter  or  guardian,  any  state  oi 
county  tax.  which  within  two  years  next  precedin?; 
such  meetius:.  shall  have  been  assessed  upon  him.  in 
any  town  or  district  in  this  Commonwealth,  and  also 

£»*»«.         every  citizen  who  shall  be.   by  law.  exempted  from 
taxation,  and  who  shall  be  in  all  other  respects,  quali- 
fied as  above  mentioned,  shall  have  a  ri^ht  to   vote  at 
^  such  meeting,  and  no  other  person  shall  be  entitled  to 

vote  at  such  meetins;. 

Sec.  9.  Be  it  fur'ther  en  acted,  Thsii  the  Mayor.  Al- 
derraen.  and  Common  Councilmen.  chosen  as  afore- 
said, shall  enter  on  the  duties  of  their  respective  oflfices 
on  the  tirst  day  of  May.  in  each  year,  nnless  the  same 
happen  on  a  Sunday:  and  in  that  event,  on  the  day 
followiug:  and  before  entering  on  the  duties  of  theii* 
offices,  shall  respectively,  be  sworn,  by  taking  the  oath 
of  allegiance  and  oath  of  office,  prescribed  iu  the  cou- 

o*iker«cce.  stitutiou  of  this  Commonwealth,  and  an  oath  to  support 
the  constimiion  of  the  United  Slates.  And  such  oaths 
may  be  administered  to  the  flavor  elect,  by  any  one 
of  the  Justices  of  the  Supreme  Judicial  Court,  or  any 
Judge  of  any  Court  of  Record,  commissioned  to  hold 
any  such  Court,  within  the  said  city,  or  by  any  Justice 
of  ihe  Peace  for  the  County  of  Suflblk.  And  such 
oaths  shall  and  may  be  administered  to  the  Aldermen 
and  members  of  the  Common  Council,  by  the  JNlayor. 
being  himself  first  sworn  as  aforesaid:  and  a  certificate 
of  such  oaths  having  been  takeu.  shall  be  entered  iu  the 
journal  of  the  Mayor  and  Aldermen,  and  of  the  Com- 
mon Council,  respectively,  by  their  respective  Clerks. 
Sec.  10.  Be  it  fiwthe}'  enacted.  That  the  Mayor 
and  Aldermen,  thus  chosen  and  qualified,  shall  com- 
pose one  Board,  and  shall  sit  and  act  together  as  one 

ibTvfc  Alder- bi>dy.  at  all  meetings,  of  which  the  Mayor,  if  present. 

EJ.*""****^ shall  preside:  but  in  his  absence,  the  Board  may  elect 
a  Chairman,  for  the  time  being.  The  said  Board  to- 
gether with  the  Common  Council,  in  convention,  shall 

G«»e«i  j*wrs.have  power  to  choose  a  Clerk,  who  shall  be  sworn  to 
the  faithful  discbarge  of  the  duties  of  his  office,  who 
shall  be  chosen  for  the  term  of  one  year,  and  until 
another  person  is  duly  chosen  to  succeed  him:  re- 
movable, however,  at  the  pleasure  of  the  Mayor  and 
Aldermen,  who  shall  be  denominatad  the  Clerk  of 


CITY  OF  BOSTON.  Feb.  23,  1822.  741 

the  City;  aud  whose  dufy  it  shall  be  to  keep  a  jour- 
nal of  the  acts  and  proceedings  of  the  said  Board, 
composed  of  the  Mayor  and  Aldermen;  to  sign  all 
warrants  issued  by  them,  and  to  do  such  other  acts  in 
his  said  capacity,  as  may,  lawfully  and  reasonably, 
be  required  of  him  ;  and  to  deliver  over  all  journals, 
books,  papers,  and  documents,  entrusted  to  him  as 
such  Clerk,  to  his  successor  in  office,  immediately 
upon  such  successor  being  chosen  and  qualified  as 
aforesaid,  or  whenever  he  may  be  thereto  required  ])y 
the  said  Mayor  and  Aldermen.  And  the  City  Clerk 
thus  chosen  and  qualified,  shall  have  all  the  powers.  Duties  of  ckrn. 
and  perform  all  the  duties,  now  by  law,  ])elonging 
to  the  Town  Clerk  of  the  Town  of  Boston,  as  if  the 
same  were  particularly  and  fully  enumerated,  except 
in  cases  where  it  is  otherwise  expressly  provided. 

Sec.  11.    He  it  farther  enacted^  That  the  persons, 
so  chosen  and  qualified,  as  members  of  the  Common  conunon council 
Council  of  the  said  city,  shall  sit  and  act  together  as 
a  separate  body,  distinct  from  that  of  the  Mayor  and 
Aldermen,  except  in  those  cases  in  which  the  two  bo- 
dies are  to  meet  in  convention;  and  the  said  Council 
shall  have  power,  from  time  to  time,  to  choose  one  of  General  powen. 
their  own  members  to  preside  over  their  deliberations, 
and  to  preserve  order  therein,  and  also  to  choose  a 
Clerk,  who  shall  be  under  oath,  faithfully  to  discharge  cierk  to  be  cho- 
the  duties  of  his  office,  who  shall  hold  such  office,  du-  '*""■ 
ring  the  pleasure  of  said  Council,  and  whose  duty  it 
shall  be,  to  attend  said  Council,  when  the  same  is  in 
session,  to  keep  a  journal  of  its  acts,  votes  and  pro- 
ceedings, and  to  perform  such  other  services  in  said  Duties  of  cierk, 
capacity,  as  said  Council  may  require.     All  sittings  of 
the  Common  Council  shall  be  public ;  also  all  sittings 
of  the  Mayor  and  Aldermen,  when  they  are  not  enga- 
ged in  executive  business.     Twenty  five  members  of 
the  Common  Council  shall  constitute  a  quorum  for  the 
transaction  of  business. 

Sec.  12.  Be  it  further  enacted^  That  the  Mayor  of 
the  said  city,  thus  chosen  and  qualified,  shall  be  taken 
and  deemed  to  be  the  chief  executive  officer  of  said 
corporation ;  and  he  shall  be  compensated  for  his  ser-  compensation  of 
vices  by  a  salary,  to  be  fixed  by  the  Board  of  Alder- ''^'''""■ 
men  and  Common  Council,  in  City  Council  convened, 


742  ClTi'  OF  BOSTOX.  Feb.  23,  1823. 

payable  at  stated  periods:  which  salary  shall  not  ex- 
ceed the  sum  of  five  thousand  dollars  annually,  and 
he  shall  receive  no  other  compensation  or  emoluments 
■whatever:  and  no  re^ilations  enlarging  or  diminish- 
ing such  compensation  shall  be  made,  to  take  effect, 
until  the  expiration  of  the  year,  for  which  the  Mayor 
then  in  oflBce.  shall  have  been  elected.  And  it  shall 
be  the  dutv  of  the  JNIavor  to  be  vis-ilant  and  active  at 
all  times,  in  causin,^  the  laws  for  the  t;overnment  of 
said  city,  to  be  duly  executed  and  put  in  force  ;  to 
inspect  the  conduct  of  all  subordinate  officers  in  the 
government  thereof,  anJ,  as  far  as  in  his  power,  to 
cause  all  negligence,  carelessness,  and  positive  viola- 
tion of  duty,  to  be  duly  prosecuted  and  punished.  He 
j««y«r  awy  e*ii  shall  have  powcr,  whenever  in  his  judgment,  the  good 
liiT^ni  of  said  city  may  require  it,  to  summon  meetings  of  the 
Board  of  uldermen  and  Common  Council,  or  either  of 
them,  alth%gh  the  meeting  of  said  Boards,  or  either 
of  them,  may  stand  adjourned  to  a  more  distant  day. 
D»tk»ttfMi..vvr.  And  it  shall  be  the  duty  of  the  Mayor,  from  time  to 
time,  to  communicate  U)  both  branches  of  the  City 
Council,  all  such  information,  and  recommend  all  such 
measures  as  may  tend  to  the  improvement  of  the  finan- 
ces, the  police,  health,  security,  cleanliness,  comfort, 
and  ornament  of  the  said  city. 

Hkc.  1.3.  Bfi  it  further  c/nacted,  That  the  adminis- 
tration of  police,  together  with  the  executive  powers  of 
the  said  corporation  generally,  together  also,  with  all 
the  powers  heretofore  vested  in  the  Selectmen  of  the 
ruu-Town  of  Boston,  either  by  the  general  laws  of  this 
Commonwealth,  by  particular  laws  relative  to  the 
powers  and  duties  of  said  .Selectmen,  or  by  the  usages, 
votes,  or  by-laws  of  said  town,  shall  be,  and  hereby 
are  vested  in  the  Mayor  and  Aldermen,  as  hereby 
constituted,  as  fully  and  amply,  as  if  the  same  were 
hf^rein  specially  enumerated.  And,  further,  the  said 
Mayor  and  Aldermen  shall  have  full  and  exclusive 
power  to  grant  licensrjs  to  innholders,  victuallers,  re- 
tailers and  confectioners,  within  the  said  city,  in  all 
cases  wherein  the  (>ourt  of  Sessions  for  the  County  of 
Suffolk,  on  the  recommendation  of  the  Seleccmen  of 
Boston,  have,  heretofore,  been  authorized  to  grant 
such  licenses ;  and  in  granting  such  licenses,  it  shall 


CITY  OF  BOSTON.  Feb.  23,  1822.  743 

be  lawful  for  the  said  Mayor  and  Aldermen  to  an- 
nex thereto,  such  reasonable  conditions  in  regard  to 
time,  places,  and  other  circumstances,  under  which 
such  license  shall  be  acted  upon,  as,  in  tlieir  judg- 
ment, the  peace,  quiet  and  good  order  of  the  city  may 
require.  Also,  to  take  bonds  of  all  persons  so  lie  en- uceose  Bonds. 
sed,  in  reasonable  sums,  and  with  suflficient  sureties, 
conditioned  for  a  faithful  compliance  with  the  terms 
of  their  said  licenses,  and  of  all  laws  and  regulations 
respecting  such  licensed  houses :  And  said  Mayor 
and  Aldermen,  after  the  granting  of  any  such  license, 
shall  have  power  to  revoke  or  suspend  the  same,  if  in 
their  judgment,  the  order  and  welfare  of  said  city  shall 
require  it.  And  any  person  or  persons  who  shall  pre- 
sume to  exercise  either  of  the  said  employments,  with- 
in said  city,  without  having  first  obtained  a  license 
therefor,  or  in  any  manner,  contrary  to  the  terms  of 
said  license,  or  after  the  same  shall  have  been  revoked 
or  suspended,  such  person  or  persons  shall  be  liable 
to  the  same  penalties  and  forfeitures,  and  to  be  pro- 
secuted for,  in  the  same  manner,  as  now  by  law  pro- 
vided, in  case  of  exercising  either  of  said  employments 
without  license  from  the  Court  of  Sessions,  for  the 
County  of  Suffolk;  and  shall  also  be  taken  and  deem- 
ed to  have  forfeited  their  bonds,  respectively  given  For»vuui»s. 
aforesaid,  upon  which  suits  may  be  instituted,  against 
such  licensed  persons  or  their  sureties,  at  the  discre- 
tion of  said  Mayor  and  Aldermen,  and  in  such  man- 
ner as  they  may  direct,  for  the  purpose  of  enforcing 
such  forfeiture :  Provided^  however^  that  all  innhold- 
ers,  retailers,  confectioners,  and  victuallers,  shall,  on 
being  licensed  as  aforesaid,  pay  the  same  sum  now  re- 
quired by  law;  which  sum  shall  be  accounted  for  in 
the  same  way  and  manner  as  is  now  by  law  required. 
Sec.  14.  Be  it  further  enactpd^Thnithe  ^hiyor  and 
Aldermen  shall  have  power  to  license  all  theatrical 
exhibitions  and  all  public  shows,  and  all  exhibitions 
of  whatever  name  or  nature,  to  which  admission  is 
obtained  on  payment  of  money,  on  such  terms  and  con- 
ditions as  to  them  may  seem  just  and  reasonable;  and 
to  regulate  the  same,  from  time  to  time,  in  such  manner 
as  to  them  may  appear  necessary  to  preserve  order  and 
decorum^  and  to  prevent  the  interruption  of  peace  and 


744 


CITY  OF  BOSTON. 


Feb.  23,  1822. 


By-Laws. 


Assessment  of 
Taxes. 


Collection  of 
Taxes. 


quiet.  And  any  person  or  persons  who  shall  set  forth, 
establish  or  promote  any  such  exhibition  or  show,  or 
publish,  or  advertise  the  same,  or  otherwise  aid  or  as- 
sist therein,  without  a  license  so  obtained  as  aforesaid, 
or  contrary  to  the  terms  or  conditions  of  such  license, 
or  whilst  the  same  is  suspended,  or  after  the  same  is 
revoked,  by  said  Mayor  and  Aldermen,  shall  be  liable 
to  such  forfeiture,  as  the  City  Council  may,  by  any 
by-law  made  for  that  purpose,  prescribe. 

Sec.  15.  Be  it  further  enacted,  That  all  other  pow- 
ers now  by  law,  vested  in  the  Town  of  Boston,  or  is. 
the  inhabitants  thereof,  as  a  municipal  corporation, 
shall  be,  and  hereby  are,  vested  in  the  Mayor  and  Al- 
dermen, and  Common  Council  of  the  said  city,  to  be 
exercised  by  concurrent  vote,  each  Board  as  hereby 
constituted,  having  a  negative  upon  the  other.  More 
especially,  they  shall  have  power  to  make  all  such 
needful  and  salutary  by-laws,  as  towns  by  the  laws  of 
this  Commonwealth  have  power  to  make  and  establish, 
and  to  annex  penalties,  not  exceeding  twenty  dollars, 
for  the  breach  thereof,  which  by-laws  shall  take  effect 
and  be  in  force  from  and  after  the  times  therein  re- 
spectively limited,  without  the  sanction  or  coniirmation 
of  any  court,  or  other  authority  whatsoever  ;  provided, 
that  such  by-laws  shall  not  be  repugnant  to  the  Con- 
stitution and  laws  of  this  Commonwealth :  And,  pro- 
vided, also,  that  the  same  shall  be  liable  to  be  annulled 
by  the  Legislature  thereof.  The  said  City  Council 
shall  also  have  power,  from  time  to  time,  to  lay  and 
assess  taxes  for  all  purposes  for  which  towns  are,  by 
law,  required  or  authorized  to  assess  and  grant  money, 
and  also  for  all  purposes  for  which  county  taxes  may 
be  levied  and  assessed,  whenever  the  city  shall  alone, 
compose  one  county  :  Provided,  however,  that  in  the 
assessment  and  apportionment  of  all  such  taxes  upon 
the  polls  and  estates  of  all  persons  liable  to  contribute 
thereto,  the  same  rules  and  regulations  shall  be  obser- 
ved, as  are  now  established  by  the  laws  of  this  Com- 
monwealth, or  may  be  hereafter  enacted,  relative  to 
the  assessment  and  apportionment  of  town  taxes. 

The  said  City  Council  shall  also  have  power  to  pro- 
vide for  the  assessment  and  collection  of  such  taxes, 
and  to  make  appropriations  of  all  public  monies,  and 


CITY  OF  BOSTON.  Feb.  23,  1822.  745 

provide  for  the  disbursement  thereof,  and  take  suitable 

measures  to  ensure  a  just  and  prompt  account  thereof; 

and  for  these  purposes,  may  either  elect  such  Assess- Assessors  to  be 

ors,  and  Assistant  Assessors,  as  may  be  needful,  or'  °"'°' 

provide  for  the  appointment  or  election  of  the  same,  or 

any  of  them,  by  the  Mayor  and  Aldermen,  or  by  the 

citizens,  as  in  their  judgment,  may  be  most  conducive 

to  the  public  good,  and  may  also  require  of  all  persons 

entrusted  with  the  collection,  custody,  or  disbursement 

of  public  monies,   such  bonds   with  such  conditions 

and  such  sureties,  as  the  case  may,  in  their  judgments 

require. 

Sec.  16.  Be  it  further  enacted,  That  the  said  City 
Council  shall  have  power,  and  they  are  hereby  autho- 
rized to  provide  for  the  appointment  or  election  of  all 
necessary  officers,  for  the  good  government  of  said  city,  city  officers. 
not  otherwise  provided  for;  to  prescribe  their  duties, 
and  fix  their  compensation,  and  to  choose  a  Register 
of  Deeds,  whenever  the  city  shall  compose  one  coun- 
ty. The  City  Council,  also,  shall  have  the  care  and 
superintendance  of  the  public  buildings,  and  the  care, 
custody,  and  management  of  all  the  property  of  the 
city,  with  power  to  lease  or  sell  the  same,  (except  the 
Common,  and  Faneuil  Hall,)  with  power  also,  to  pur- puwic Buildings 
chase  property,  real  or  personal,  in  the  name,  and  for 
the  use  of  the  city,  whenever  its  interest  or  convenience 
may,  in  their  judgment,  require  it. 

Sec.  17.  Be  it  further  enacted,  That  all  the  power 
and  authority  now  by  law,  vested  in  the  Board  of 
Health  for  the  Town  of  Boston,  relative  to  the  quar- 
antine of  vessels,  and  relative  to  every  other  subject 
whatsoever,  shall  be,  and  the  same  is  hereby  transfer- 
red to,  and  vested  in  the  said  City  Council,  to  be 
carried  into  execution  by  the  appointment  of  Health 
Commissioners,  or  in  such  other  manner  as  the  health,  Health  commi?- 
cleanliness,  comfort  and  order  of  the  said  city  may,  in''**"^"* 
their  judgment,  require,  subject  to  such  alterations  as 
the  Legislature  may  from  time  to  time  adopt. 

Sec.  18.  Be  it  further  enacted,  That  the  Mayor  and 
Aldermen  of  said  city,  and  the  said  Common  Council, 
shall,  as  soon  as  conveniently  may  be,  after  their  an- 
ual  organization,  meet  together  in  convention,  and  city  xieasuiei. 
elect  some  suitable  and  trustworthy  person,  to  be  the 
Treasurer  of  said  city. 


746  CITY  OF  BOSTON.  Feb.  23,  1822. 

Sec.  19.  Be  it  further  enacted,  That  the  citizens, 
at  their  respective  ward  meetings,  to  he  held  on  the 
second  Monday  of  April,  annually,  shall  elect,  by 
ballot,  a  number  of  persons,  to  be  determined  by  the 
City  Council,  but  not  less  than  three  in  each  ward,  to    _ 

Firewards.  be  Klrcwards  of  said  city,  who  together  shall  consti-  m 
tute  the  Board  of  Firewards  for  said  city,  and  shall 
have  all  the  powers,  and  be  subject  to  all  the  duties, 
now^  by  law  appertaining  to  the  Firewards  of  the  ToAva 
of  Boston,  until  the  same  shall  be  altered  or  qualified 
by  the  Legislature.  And  the  said  citizens  shall,  at 
the  same  time,  and  in  like  manner,  elect  one  person  in 
each  ward,  to  be  an  Overseer  of  the  Poor;  and  the 
persons  thus  chosen  shall  together  constitute  the  Board 

Overseers  of  the  of  OversecTs  for  Said  city,  and  shall  have  all  the  pow- 
ers, and  be  subject  to  all  the  duties,  now  by  law,  ap- 
pertaining to  the  Overseers  of  the  Poor  for  the  Town 
of  Boston,  until  the  same  shall  be  altered  or  qualified 
by  the  Legislature.  And  the  said  citizens  shall,  at 
the  same  time,  and  in   like  manner,  elect  one  person 

School  Commit-  lu  cach  Ward,  to  be  a  member  of  the  School  Commit- 

*"*•  tee,  for  the  said  city  ;  and  the  persons  so  chosen,  shall, 

jointly  with  the  Mayor  and  Aldermen,  constitute  the 
School  Committee  for  the  said  city,  and  have  the  care 
and  superintendance  of  the  public  schools. 

Sec.  20.  Be  it  further  enacted,  That  all  Boards 
and  Officers,  acting  under  the  authority  of  the  said 
corporation,   and   entrusted  with    the  expenditure  of 

Accbuntabiiit).  publlc  mouey,  shall  be  accountable  therefor,  to  the 
City  Council,  in  such  manner  as  they  may  direct.  And 
it  shall  be  the  duty  of  the  City  Council,  to  publish 
and  distribute,  annually,  for  the  information  of  the 
citizens,  a  particular  statement  of  the  receipts  and  ex- 

AnnuaiFinan-   pcuditurcs  of  all  pubUc  monlcs,  and  a  particular  state- 

cia.  statements.    ^^^^  ^^  ^^^   ^j^^   prOpCrty. 

Sec.  21.  Be  it  further  enacted,  That,  in  all  cases  in 
-Nominations,     whlch  appolntmcuts  to  office  are  directed  to  be  made 
by  the  Mayor  and  Aldermen,  the  Mayor  shall  have 
the  exclusive  power  of  nomination;  such  nomination 
however,  being  subject  to  be  confirmed  or  rejected,  by 
Proviso.  the  Board  of  Aldermen :   Provided,  however,  that  no 

person  shall  be  eligible  to  any  office,  the  salary  of 
which  is  payable  out  of  the  city  treasury,  who  at  the 


€ITY  OF  BOSTON.  Feb.  23,  1822.  74T 

time  of  his  appointment,  shall  he  a  member  either  of 
the  Board  of  Aldermen  or  Common  Council. 

Sec.  22.  Be  it  further  enacted^  That  it  shall  be  the 
duty  of  the  two  branches  of  the  City  Council,  in  the 
month  of  May,  in  each  year,  after  their  annual  orga- 
nization, to  meet  in  cotivention,  and  determine  the 
number  of  Representatives,  which  it  may  be  expedient  state  nepresen- 
for  the  corporation  to  send  to  the  General  C'ourt  in'"''^'^' 
such  year,  within  its  constitutional  limits,  and  to  pub- 
lish such  determination,  which  shall  be  conclusive; 
and  the  number  thus  determined,  shall  be  speciiied  in 
the  warrant  calling  a  meeting  for  the  election  of  Re- 
presentatives :  and  neither  the  Mayor,  nor  any  Alder- 
man, or  Members  of  the  Common  Council,  shall,  at 
the  same  time,  hold  any  other  office  under  the  City 
Oovernment. 

Sec.  23.  Be  it  further  enacted,  That  all  elections 
for  Governor,  Lieutenant  Governor,  Senators,  Repre- 
sentatives, Representatives  to  Congress,  and  all  other 
officers  who  are  to  be  chosen  and  voted  for  by  the  peo- 
ple, shall  be  held  at  meetings  of  the  citizens,  qualified 
to  vote  in  such   elections,  in  their  respective  wards,  at 
the  time  fixed  by  law  for  those  elections  respectively. 
And  at  such  meetings,  all  the  votes  given  in,  being  col- 
lected, sorted,  counted,  and  declared,  by  the  Inspectors 
of  Elections,  in  each  ward,  it  shall  be  the  duty  of  the 
Clerk  of  such  ward  to  make  a  true  record  of  the  same,  wa,d  Meetings 
specifying  therein  the  whole  number  of  ballots  given  NatlouaV&stiii 
in,  the  name  of  each  person  voted  for,  and  the  number 
of  votes  for  each,  expressed  in  words  at  length.     And 
a  transcript  of  such  record,  certified  by  the  Warden, 
Clerk,  and  a  majority  of  the  Inspectors  of  Elections  in 
such  ward,  shall  forthwith  be  transmitted  or  delivered 
by  each  Ward  Clerk  to  the  Clerk  of  the  City.    And  it 
shall  be  the  duty  of  the  City  Clerk  forthwith  to  enter 
such  returns,   or  a  plain  and  intelligible  abstract  of 
them,  as  they  are  successively  received,  in  the  journals 
of  the  proceedings  of  the  Mayor  and  Aldermen,  or  in 
some  other  book  kept  for  that  purpose.     And  it  shall 
be  the  duty  of  the  Mayor  and  Aldermen  to  meet  to- 
gether within  two  days  after  every  such  election,  and 
examine  and  compare  all  the  said  returns,  and  there-  Exanrination 
upon  to  make  out  a  certificate  of  the  result  of  such  vofJ""™"'^ 
97 


T48 


CITY  OF  BOSTON. 


Feh.  23,  1822. 


rroviso. 


election,  to  be  signed  by  the  Mayor  and  a  majority  of 
the  Aldermen,  and  also  by  the  City  Clerk,  which  shall 
be  transmitted,  delivered,  or  returned,  in  the  same 
manner  as  similar  returns  are  by  law  directed  to  be 
made  by  the  Stlectmen  of  towns ;  and  such  certificates 
and  returns  shall  have  the  same  force  and  effect  in  all 
respects,  as  like  returns  of  similar  elections,  made  by 
the  Selectmen  of  towns.  And  in  all  elections  for  Re- 
presentatives to  the  General  Court,  in  case  the  whole 
number  proposed  to  be  elected,  shall  not  be  chosen  by 
a  majority  of  the  votes  legally  returned,  the  Mayor 
and  Aldermen  shall  forthwith  issue  their  warrant  for  a 
coutinued  Eiec-  uew  electloH,  and  the  same  proceedings  shall  be  had  in 
all  respects  as  are  herein  before  directed,  until  the  whole 
number  shall  be  elected :  Provided^  however,  that  it 
shall  be  the  duty  of  the  Selectmen  of  the  said  Town 
of  Boston,  within  twelve  days  from  the  passing  of  this 
act,  to  call  a  meeting  of  the  qualified  voters  of  the  said 
town  to  give  in  their  ballots  on  the  following  question : 
Shall  the  elections  for  State  and  United  States  Offi- 
cers, be  holden  in  general  meeting?  And  it  shall  be 
the  duty  of  the  Selectmen  to  preside  at  the  said  meet- 
ing, to  receive,  sort,  count  and  declare  the  votes  given 
in,  and  to  forward  a  certificate  of  the  result  to  the  Se- 
cretary of  the  Commonwealth,  and  publish  the  same 
in  two  or  more  of  the  newspapers  printed  in  Boston; 
and  if  a  majority  of  the  votes  so  given  in  shall  be  in 
the  negative,  then  the  provisions  of  the  preceding  part 
of  this  section  shall  regulate  the  said  elections  in 
wards,  but  if  a  majority  of  the  votes  given,  in  as  afore- 
said shall  be  in  the  affirmative,  then  the  said  elections 
for  State  and  United  States  Officers  shall  be  holden  in 
the  manner  prescribed  by  the  constitution  and  laws  of 
the  Commonwealth,  with  the  exception  that  the  Mayor 
and  Aldermen  and  City  Clerk  shall  perform  the  duties 
now  required  by  law  to  be  performed  by  the  Select- 
men and  Town  Clerk. 

Sec.  24.  Be  it  further  enacted,  That  prior  to  every 
election  of  city  officers,  or  of  any  officer  or  officers  un- 
der the  government  of  the  United  States  or  of  this 
Commonwealth,  it  shall  be  the  duty  of  said  Mayor 
and  Aldermen  to  make  out  lists  of  all  the  citizens  of 
each  ward^  qualified  to  vote  in  such  electioD,  in  the 


Contingent 
clause. 


Ward  Lists. 


CITY  OF  BOSTON.  .  Feb.  23,  1822.  749 

manner  ill  which  Selectmen  and  Assessors  of  towns  are 
required  to  make  out  similar  lists  of  voters,  and  for  that 
purpose  they  shall  have  free  access  to  the  Assessors' 
books  and  lists,  and  be  entitled  to  the  aid  and  assist- 
ance of  all  Assessors,  Assistant  Assessors,  and  other 
officers  of  said  city.  And  it  shall  be  the  duty  of  said 
Mayor  and  Aldermen  to  deliver  such  list  of  the  voters 
in  each  ward,  so  prepared  and  corrected,  to  the  Clerk 
of  said  ward,  to  be  used  by  the  Warden  and  Inspec- 
tors thereof  at  such  election;  and  no  person  shall  be  inspection  ot 
entitled  to  vote  at  such  election,  whose  name  is  not""*"^'' 
borne  on  such  list.  And  to  prevent  all  frauds  and 
mistakes  in  such  elections,  it  shall  be  the  duty  of  the 
Inspectors  in  each  ward,  to  take  care  that  no  person 
shall  vote  at  such  election,  whose  name  is  not  so  borne 
on  the  list  of  voters,  and  to  cause  a  mark  to  be  placed  checks. 
against  the  name  of  each  voter,  on  such  list,  at  the  time 
of  giving  in  his  vote. 

Sec.  25.  Be  it  further  enacted,  That  general  meet- 
ings of  the  citizens  qualified  to  vote  in  city  affairs,  may 
from  time  to  time,  be  held,  to  consult  upon  the  common 
good,  to  give  instructions  to  their  Representatives,  and 
to  take  all  lawful  measures  to  obtain  a  redress  of  any  petitions  for 
grievances,  according  to  the  right  secured  to  the  people  "'*"'"^'* 
by  the  constitution  of  this  Commonwealth.  And  such 
meetings  shall,  and  may  be,  duly  warned  by  the  Mayor 
and  Aldermen,  upon  the  requisition  of  fifty  qualified 
\  oters  of  said  city. 

Sec.  26.  Be  it  further  enacted,  That  all  warrants 
for  the  meetings  of  the  citizens,  for  municipal  purposes, 
to  be  had  either  in  general  meetings  or  in  wards,  shall  Form  of  war- 
be  issued  by  the  Mayor  and  Aldermen,  and  shall  be  i^™"'" 
such  form,  and  shall  be  served,  executed,  and  returned 
at  such  time,  and  in  such  manner,  as  the  City  Council 
may,  by  any  by-law,  direct  and  appoint. 

Sec.  27.  Be  it  further  enacted,  That  for  the  pur- 
pose of  organizing  the  system  of  government  hereby 
established,  and  putting  the  same  into  operation  in  the 
first  instance,  the  Selectmen  of  the  Town  of  Boston, 
for  the  time  being,  shall  seasonably,  before  the  second 
Monday  of  April  next,  issue  their  warrants  for  calling  Form  of  ors:,i.i. 
meetings  of  the  said  citizens,  in  their  respective  wards,  "'"^ """  "'•  * 
qualified  to  vote  as  aforesaid,  at  such  place  and  hour 


750  CITY  OF  BOSTON.  Feb.  23, 48'iX 

as  they  shall  think  expedient,  for  the  purpose  of  choo- 
sing a  Warden,  Clerk,  and  five  Inspectors  of  Electionsy 
and  also,  to  give  in  their  votes  for  a  Mayor  and  eight 
Aldermen,  for  said  city,  and  four  Common  Council- 
men,  three  Firewards,  one  Overseer  of  the  Poor,  and 
one  member  of  the  School  Committee,  for  each  ward  ; 
and  the  transcripts  of  the  records  of  each  ward,  speci- 
fying the  votes  given  for  Mayor  and  Aldermen,  Fire- 
wards,  Overseers,  and  members  of  the  School  Com- 
mittee, certified  by  the  Warden,  Clerk,  and  a  majority 
of  the  Inspectors  of  such  ward  shall,  at  said  iirst  elec- 

fecturn  of  votes,  tlon,  be  returned  to  the  said  Selectmen  of  the  Town  of 
Boston,  whose  duty  it  shall  be,  to  examine  and  com- 
pare the  same.  And  in  case  said  elections  shall  not  be 
complete  at  the  first  election,  then  to  issue  a  uew  war- 
rant, until  such  election  shall  be  completed,  and  to  give 
notice  tliereof,  in  the  manner  herein  before  directed,  to 
the  several  persons  elected.  And  at  said  first  meeting, 
the  Clerk  of  each  ward,  under  the  present  organization, 
shall  call  the  citizens  to  order,  and  preside  until  a 
Warden  shall  be  chosen ;  and  at  said  first  meeting,  a 
list  of  voters  in  each  ward,  prepared  and  corrected  by 
the  Selectmen  of  the  Town  of  Boston,  for  the  time 
being,  shall  be  delivered  to  the  Clerk  of  each  ward,  to 
be  used  as  herein  before  directed. 

Sec.  28.  Be  it  further  enacted^  That  so  much  of  the 
act  heretofore  passed,  relative  to  the  establishment  of  a 
Board  of  Health  for  the  Town  of  Boston,  as  provides 
for  the  choice  of  members  of  the  said  Board,  and  so 
much  of  the  several  acts  relative  to  the  assessment  and 
collection  of  taxes  within  the  Town  of  Boston,  as  pro- 

itepcai  of  act.  vidcs  for  the  election  of  Assistant  Assessors,  also  all 
such  acts,  and  parts  of  acts,  as  come  within  the  pur- 
view of  this  act,  and  which  are  inconsistent  with,  or 
repugnant  to  the  provisions  of  this  act,  shall  be,  and 
the  same  are  hereby  repealed. 

Sec.  29.  And  whereas  by  the  laws  of  this  Common- 
wealth, towns  are  authorized  and  required  to  hold  their 
annual  meetings,  some  time  in  the  months  of  March 
or  April,  in  each  year,  for  the  choice  of  town  officers ; 
and  whereas,  such  meeting,  in  the  month  of  March,  in 
the  present  year,  for  the  Town  of  Boston,  would  be 
useless  and  unnecessarily  burtheiisome,  therefore, 


CITY  OF  BOSTON.  Feb.  23,  1822.  751 

Be  it  further  enacted,  That  the  annual  town  meet- 
ings, in  the  months  of  March  or  April,  be  suspended,  March  meetings 
and  all  town  officers  now  in  office,  shall  hold  their 
places  until  this  act  shall  go  into  operation. 

Sec.  30.  Be  it  further  enacted,  That  nothing  in  this 
act  contained,  shall  be  so  construed  as  to  restrain  or  Legislative  c6n- 
prevent  the  Legislature  from  amending  or  altering  the 
same,  whenever  they  shall  deem  it  expedient. 

Sec.  31.  Be  it  further  enacted,  That  this  act  shall 
be  void,  unless  the  inhabitants  of  the  Town  of  Boston, 
at  a  legal  town  meeting,  called  for  that  purpose,  shall,  conditional 
by  a  written  vote,  determine  to  adopt  the  same  within 
twelve  days. 

[Approved  by  the  Governor,  Felwuary  23d,  1825s;.  j 


i3oTaa\i\onNveaYtV\  oIl  M.*assac\\usfcUs. 


Sea^tary's  Office,  JlpHl  15th,  1822. 
BY  THIS  I  CERTIFY,  That  the  Laws  printed  in  this  Pamphlet, 
passed  at  the  session  of  the  General  Court,  in  January  and  Febiniary  last, 
liave  been  compared  with  the  originals  in  this  Office,  and  appear  to  be 
con-ect. 

A.  BRADFOKD,  Secretarri  of  the  Cotnmmivealth. 


INDEX 

to  THE  LAWS,  FROM  JUNE,  1818,  TO  FEBRUARY,  1822,  INCLUSIVE. 


A. 

Academy,  in  Billerica,  established,          .            -  ,  _  SZ7 

"        in  Bloomfield,  name  changed,             -  -  -  77 

"        in  Canaan,  name  changed,      -            -  »  .  jj 

"         in  China,  incorporated,            -             -  -  -  28 

"        in      "      additional  Trustees,             -  -  -  96 

"         Dudley,  established,                ....  242 

"         Hopkins,  additional  act,          -             -  -  -  567 

"         Lexington,  established,            -             -  _  .  676 

"         Merrimack,  incorporated,        -             -  -  -  646 

"         Newburyport,  shares  reduced,             -  -  _  £21 

"         Nichols,  in  Dudley,  established,          _  -  _  242 

"         and  School,  at  Ashfield,           -             -  -  -  586 

Academies,  students  at,  exempted  from  military  duty,  -  -  456 

Actions,  real,  limitation  of,  additional  act,           -  -  _  395 

Adjutant  General  to  act  as  Quarter  Master  General,  -  -  561 

Administrators  and  Executors  liable,  if  defaulted  on  scire  facias^  417 

^tna,  Town  of,  incorporated,     -             -             .  .  -  362 

African  Humane  Society,  incors  orated,  -            -  -  .  302 

Aggawam  River,  to  be  straitened,            -            -  -  -  510 

Agriculture  and  Manufactures  encouraged,         -  -  181, 500 

Agricultural  Bank,  time  altered  for  paying  instalments,  -  48 

"           Society,  in  Essex,  incorporated,       -  -  -  37 

«                 «       in  Plymouth,           -             -  -  -  206 

"                 "       in  Somerset,            -             .  .  .  262 

Alford,  Hewins  and  Lester  annexed  to,  -             -  -  -  145 

Alfred,  Congregational  Society  of,  how  taxed,     -  -  -  43 

Alimony  and  Divorce,  additional  act,      -             -  _  -  508 

Amariscoggin  River,  boom  across,            -             -  -  -  65 

American  Education  Society,      -----  323 


INDEX. 

American  Insurance  Company,   -----  21 

Ancient  Land  Mark  Charity  Fund,          -             .             -             -  278 

And  over  Mechanic  Association,                .            -            _            -  6SI0 

Androscoggin  River,  side  booms  in,         -             -             -            -  319 

Ashburnliam  Leather  Manufactory,          -             _            -            -  340 

Ashes,  Pot  and  Pearl,  sale  of.  regulated,              _             .             .  644 

Atkinson,  Town  of,  incorporated,            -             -            -            -  100 

Attorney  and  Solicitor  General,  salary  to  cease  when  a  vacancy,  545 

Attorney  of  Suffolk  County,  salary,         ...             -  72I 

Auctions,  public  sales  at,  rei:;ulated,         _             .             -            -  379 

Ayres,  James,  annexed  to  First  Parish  in  Haverhill,       -            -  538 

B. 

Baker,  Joseph,  and  others,  set  off  to  Universalist  Society,           -  690 

Bangor  Boom  Association  established,     -             -             -            -  49 

Bank,  Agricultural,  time  for  paying  in  altered,   -            -             -  48 

"      Bedford  Commercial,  additional,  -             -             -             -  571 

"      City,  incorporated,             _____  714 

"     Columbian,  in  Boston,       -            .            _            -            _  695 

"      Commercial,  at  Salem,       -----  106 

«     Eagle,  in  Boston,  ---__-  699 

"      Falmouth,  established,       -             -             .             -             _  540 

"      Franklin,  established,         .             -            -             _             .  623 

"      Middlesex,  incorporated,  -----  627 

*'     Nantucket,  time  extended  for  closing  concerns,    -             -  36 

"      Passamaquoddy,  established,         -             .             -             -  297 

"      Pawtucket,  further  time  allowed,  -             -             -             -  79 

«      Portland,  established,         -  -  -  -  112,  208 

"     Suffolk,  additional  act,      -            _            -            -            _  133 

Bank  Notes,  plates  for  printing,  -----  79 

Banking  Companies,  how  to  warn  meetings,       -            -            -  268 

Baptist,  Massachusetts,  Charitable  Society,        .            _            _  487 

"       Missionary  Society,        -----  660 

Society,  in  Beverly,        -             -             -             _            _  596 

in  Cambridge,    -             -             -            _            _  89 

in  Colraine,       -            -            -            -            -  19 

in  Danvers,        -            -            -            -            -  103 

in  Eastport,       .             -            -            _             _  355 

in  Ellsworth,     -            _            -            -            -  279 

in  Holland,        -            _            -            _            -  667 

in  Longmeadow,            -            -            -            -  83 

in  Machias,        _            _            _            _            -  212 

in  Maiden,         -             _             _            _             -  375 

in  Marblehead,  -            »            -            -            -  481 


il 

Socie 

if 

(( 

(i 

-  (( 

ti 

il 

il 

a 

il 

il 

il 

(( 

a 

(C 

ti 

(( 

a 

11 

<c 

(C 

INDEX. 

Baptist  Society,  in  Newton,        -            -            -            ".            -  510 

«             «       in  Portland,       -----  356 

«             «       in  Sheffield, 483 

«<            «       in  Southbridge,  -            -            -            -            -  619 

«            «       in  Worcester,    -----  233 
Barnstable  and  Dukes'  County  annexed  to  Plymouth  Circuit,  for 

Supreme  Judicial  Court,           .             -            _             .             .  4 

Barre  Turnpike  Corporation,       -----  630 

Beacon  to  be  placed  on  Half  Way  Rock,             -            -            .  304 

Becket  Turnpike  Gate  may  be  removed,  -            -            -            -  232 

Beef  and  Pork,  inspection  of,      -            -            -            -            -  476 

Belfast  Upper  Bridge  Company,            .            -            -            -  323 

Bend,  South  West,  Bridge  at,    -            -            -            -            -  67 

Berkshire  School  Land  to  be  sold,           -            -            -            -  515 

Beverly,  Third  Congregational  Society,  new  members,  -            -  433 

«        First  Parish  of,  B.  Patch  annexed  to,     -            -            -  433 

"        Marine  Insurance  Company,      -            -            -            -  6l7 

Billerica  Third  Centre  School,    -----  572 

"        Passageway  for  Fish,     -             -            -            -            -  535 

Billingsgate  Island,  salt  manufactory  at,             .            *            -  574 

Bills  of  Exchange,  inland,           -            .            -            -            263,  432 

Bird  Island,  in  Boston  Harbor,  to  be  preserved,            -            -  7 

Birds  on  marshes,  penalty  for  killing,      .            -            -            -  576 

Blanchard's  Gun  Stock  Turning  Factory,            -            -            -  376 

Bleachery,  Charlestown,  established,       ...            -  599 

Biiat,  Steam,  Company,  Boston  and  Medford,     -            -            -  585 

Boston,  City  of,  established,         -----  734 

"       Court  of  Common  Pleas,  time  for  holding,           -            -  10 

"       Firemen  in,  to  be  appointed,       -            -            -            -  345 

"       Fuel  Saving  Society,       -----  574 

"       Gunpowder  in,  how  to  be  kept,  -            -            -            -  494 

"       Harbor,  Light  House  on  Island  in,          -            -            -  304 

"       Library,  Social,  in,          -----  555 

"       Merchants'  Hall  in,         -  -  -  -  -116 

«       Pilotage  for  Harbor  of,    -            -            -            -            202,  266 

"       Poor  of,  moral  instruction  provided  for,  -            -            -  405 

«       Police  Court  in,               .            -            .            -            -  727 

*'       and  Roxbury  Mill  Corporation,  -            -            -            -  296 

"       Theatre,  Proprietors  of,  incorporated,     -            -            -  60S 

"       South,  Association,  additional  act,           .            -            -  409 

«          "      Wooden  Buildings  in,       -            -            -            598,  606 

Boylston,  part  of,  annexed  to  West  Boylston,     -            -            -  477 

Bradford,  Kimball  and  Griffin  set  to  East  Parish  of,        -            -  205 

Braintree,  Proprietors  of  Mills  in,           -            -           -           -  58 

1 


INDEX. 

Brattle  Square,  Churcli  in,          -----  662 

Bricks,  former  act  repealed,         -----  691 

Bridge,  Belfast  Upper,    ------  323 

"       Canal,  additional  act,      -            -             -            -             -  313 

«       in  Clinton,           -             -            -             -            -            -  247 

"       Livermore,           ------  419 

"       Oxford,  time  for  building  extended,         -             -            -  208 

«       Piscataqua,          ------  421 

"       Pleasant  Hill, 397 

"       Presumscot  River,           -             -            -            -            -  185 

«       Rumford,              ------  84 

"       Sebasticook,  time  for  building  extended,             -            -  247 

«       South  West  Bend,           -----  67 

"       Springfield,  Lottery  for,              -             -             -            -  168 

Bridges,  preservation  of,  provided  for,     -             -             -            -  718 

Bridgewater  and  Halifax,  Fishery  in,      -            -            -            -  127 

B.  idgeton  Ministerial  Fund  established,               -             -             -  154 

Bnmfield  Cotton  Factory,            -----  543 

"         and  Munson  Manufactory,       -             -             -             -  571 

Bristol  County,  Supreme  Judicial  Court,  time  of  sitting,             -  94 

Brook,  Hancock  Canal,               .            -            _            -            -  312 

"      Ten  Mile,  Canal,              -             -             -             -             -  262 

Brookfield  and  Western  Universalist  Socie4;y,     -  -  290,  690 

Brunswick  Congregational  Society,          -             -             -             -  236 

Buckfield  Fund  for  support  of  ministry  and  schools,         -             -  52 

Bucksport,  Methodist  Meeting  House  in,             -             -             ^  315 

Buildings,  South,  in  Salem,         -----  334 

Butter  and  Lard,  method  of  inspecting,               .             -             -  46S 


Cape  Elizabeth  Ministerial  Fund,            -            -            -            -  152 

Charlestovvn,  Bleachery  Company,          -            -            -            -  599 

.     «            Fishery  in,             -----  529 

"            Library,  name  changed,     -             -             -             -  583 

*'            Security  of,  against  Fire,   -             -             -             -  637 

"            Religious  Society,  name  changed,  -             -             -  97 

«            Board  of  Health  in,            -             -             -             .  14 

"            Methodist  Society,              -             -             -             -  361 

Chelmsford,  Whiting  and  others,  separated  from,            -             -  331 

"          Second  Congregational  Meeting  House  in,            -  489 

Chester  Turnpike  established,     -----  669 

City  of  Boston  established,          -----  734 

Clerks  of  Courts  to  pay  fees  to  Treasurer  of  State,          -             -  560 

"     in  office  of  Secretary  and  Treasurer,        -            -            -  539 


INDEX. 


Cohasset,  Flat  Grotinds  in,  Proprietors  of, 

"        Cove  Meadows  in,       - 
Colleges,  Discipline  in,  provided  for,       .  -  - 

Concord,  Passageway  for  Fish  in  river, 
Constitution  to  be  revised,  -  -  - 

Convention  to  Revise  Constitution,         _  -  - 

Convicts  in  State  Prison,  Punishment  of, 
"  "  "       Food  and  labor, 

"       in  County  Gaols,  how  to  be  supported, 
Corporations  to  continue  three  years  to  settle  concerns, 
County,  Offences  in  one,  may  be  tried  in  others, 
Counterfeiting  and  Forgery,        .  _  -  - 

Court,  Supreme  Judicial,  terms  fixed,      -  -  - 

"  "  "        to  grant  writs  of  review, 

"  "  "        in  Plymouth  and  Bristol, 

"  "  "        for  Barnstable, 

"  "  "        in  Franklin  and  Hampden, 

"      of  Common  Pleas  established,       .  -  - 

"  "  "      Special  {Session  authorized, 

"  "  "      in  Third  Eastern  Circuit, 

^'  "  "      Boston,  time  altered,  for  holding, 

"  "  "      in  Somer>et,  altered,     - 

"  "  "      in  Worcester,  -  -  - 

"      of  Probate,  in  Franklin,    -  -  -  - 

"  "         in  Middlesex,  .  „  _ 

«  "         in  Norfolk,      ...  - 

«  «        in  York,  .  .  .  . 

*'  "         Jurisdiction,    -  -  -  - 

"      of  Sessions  Established,    -  ,  -  - 

«  «        in  Dukes'  County, 

in  Essex,  .  -  -  - 

in  Hampshire,  .  -  _ 

in  Franklin  County,     -  -  - 

in  Kennebec,  -  -  -  - 

in  Lincoln  County,      -  -  - 

in  Oxford,        _  _  -  - 

in  Worcester,  .  -  - 

Creditors  liable  to  support  those  they  imprison  for  debt, 

D. 

Dead  River  Dam,  Proprietors  of,  _  .  . 

Debt,  State,  part  to  be  paid,        -  -  .  . 

"         "      whole  to  be  paid,     -  -  -  - 

Debtors  in  prison,  how  to  notify  absent  creditors, 


u 

u 

i( 

a 

ii 

a 

it 

- 

289 

- 

239 

- 

260 

- 

482 

- 

453 

- 

453 

- 

246 

- 

725 

. 

427 

- 

265 

- 

504 

- 

173 

- 

448 

- 

504 

-   5 

!,  94 

- 

4 

- 

10 

545,  560, 

,595 

- 

460 

- 

350 

-  10, 

,236 

- 

70 

- 

384 

. 

643 

581, 

666 

-  3, 

642 

- 

12 

- 

505 

189,  392, 

,640 

-  11 

,486 

- 

464 

- 

565 

350, 

569 

- 

265 

- 

268 

- 

235 

- 

384 

- 

337 

341 

143,  533 

,534 

434 

,563 

_ 

377 

INDEX. 

Debtors,  Poor,  towns  released  from  support,       -            -            -  5^ 
"          "      their  shares  in  corporations,  how  to  be  attached 

and  sold,            -----  339 

Deceased  persons,  settlement  of  their  estate,      -            -            -  417 

Dedham,  New  Meeting  House  in,           -            -            -            -  658 

«         Worsted  Factory,         .            -            -            -            .  668 

"         Episcopal  Church,        -             -             -             -            -  40 

Deer,  hunting  and  killing  of,  forbidden,  -             -             -             -  9 

Deerfield  Second  Parish  incorporated,    -            -            -            -  32 

"         Parker  and  others,  annexed  to,             -            -            -  457 

Dickinson  Library  incorporated,              -            -            -            -  488 

Dimon  Factory  Company,           -----  474 

District  of  Maine  to  be  a  Separate  State,  -  -  425,  248 

"              "       Commissioners'  pay,    -            -            -            -  621 

Districts  for  Senators,     ------  710 

"        School,  Members  of,  to  be  witnesses,    -            -            -  714 

Divorce  and  Alimony,     ------  508 

Dorchester  and  Quincy,  line  between,     -            -            -            -  371 

Douglas,  Pews  in  Meeting  House  taxed,             .            -            .  410 

Dover  Iron  Company,     ------  95 

Dracut,  Fishery  in,          -----            -  651 

"       Whiting  and  others,  annexed  to,             -            -            -  331 

*'       Name  of  Religious  Society  changed,       -            .            -  339 

Dudley,  several  persons  set  off  from,       -            -            -            -  724 

Dunstable  and  Groton  line  fixed,            _            -            -            -  360 


E. 

Eastern  River  Flood  Gate  association,    - 
Eastport  Mechanic  Relief  Society, 

«        Union  Wharf, 

*'        Baptist  Society, 

"        Congregational  Society, 
Edgarton  Congregational  Society,  tax  on  Pews, 

"         Wharf  Company, 

Eliot  School  in  Roxbury, 
Ellsworth  Baptist  Society, 

"        Congregational  Society  Fund, 
Enfield,  bounds  established. 
Equity,  remedies  in,  how  to  be  obtained, 
Essex  Agricultural  Society, 

"     Town  of,  incorporated, 

"     Canal,  Proprietors  of, 

"      Historical  Society, 

"     Street  Church  incorporated, 


287 
63 
281 
355 
359 
465 
632 
582 
279 
226 
57 
148 
37 
128 
436 
569 
457 


INDEX. 


Executions  on  Real  Estate,  how  to  be  levied, 
Executors  liable,  if  defaulted  on  Scire  Facias, 

F. 


Fairbanks  annexed  to  Wrentham, 

Fairfax  Christian  Society, 

. 

Fall  River  Cotton  Manufactory; 

> 

Falmouth  Whart  Company, 

- 

Farmers'  Association, 

- 

is 

Hotel, 

. 

Faxon, 

C.  annexed  to  Quincy, 

- 

Female  Poor,  Society  for  employing, 

Fields, 

common  and  general, 

- 

(( 

meetings  of  Proprietors 

of, 

Fire  in 

Boston,  by  Wooden  Buildings, 

Fish,  Pickled,  preservation  of, 

- 

Fishery  in  Billerica  regulated. 

- 

a 

in  Bridgewater, 

- 

a 

in  Charlestown, 

- 

<( 

in  Charles  River, 

. 

(( 

in  Concord  River, 

. 

« 

in  Dracut, 

- 

« 

in  Dartmouth,    - 

. 

ii 

at  Flint's  Mills, 

. 

a 

in  Framingham, 

• 

a 

in  Gloucester,    - 

. 

ii 

in  Halifax, 

. 

a 

in  Haverhill, 

- 

if 

in  Jones'  River, 

. 

a 

in  Merrimac, 

- 

ii 

in  Medford, 

- 

it 

in  Middleborough, 

- 

ii 

in  Middleton, 

- 

a 

in  New  Bedford, 

- 

ii 

in  Piscataqua,    - 

- 

a 

in  Pittsfield, 

. 

a 

in  Provincetown, 

. 

ii 

in  Rehoboth, 

- 

a 

in  Scituate, 

- 

a 

in  Swanzey, 

- 

ii 

in  Taunton, 

- 

a 

in  Vassalborough, 

- 

ii 

in  Weweantit  River, 

- 

it 

in  Waldoboro,    - 

- 

- 

18S 

- 

417 

720 

. 

219 

- 

332 

- 

224 

. 

513 

. 

682 

- 

105 

. 

577 

- 

13 

> 

431 

598 

,  606 

- 

224 

- 

535 

. 

127 

S^(JV  %9%  529 

- 

172 

- 

482 

- 

651 

- 

712 

- 

599 

- 

581 

- 

92 

- 

127 

- 

339 

- 

372 

207,  229, 

461 

- 

529 

- 

388 

- 

599 

- 

712 

- 

429 

- 

393 

- 

719 

214, 

503 

- 

18 

- 

503 

380, 

164 

- 

126 

- 

363 

- 

102 

Hrt)EX. 

Forgery  and  Counterfeiting,        -            -            -            -            -  175 

Foxborough  and  Wrentham  line,            -            -            -            '  75 

Fryeburgh  Canal,             ------  284 

Fuel  Savings  Society,      ------  574 

Fuller,  M.  and  others,  annexed  to  West  Parish  in  Medway,        -  435 

Fugitives  froni  Justice,  Governor  to  arrest  them,             -            -  314 

G. 

Gage,  Z.  and  others,  annexed  to  Third  Society  in  Beverly,          -  433 

Gardiner,  Christ's  Church  in,     -             -              -              -              -  286 

German  Charitable  Society,       -----  485 

Gloucester  Fishing  Company,    -----  92 

"          Canal  Corporation,  -----  671 

Goodell  Manufacturing  Company,           -              -              _              -  644 

Gould,  L.  and  L.  Hyde,  annexed  to  Third  Parish  in  Roxbury,    -  460 

Governor's  Salary  fixed,              -              -              -              -              -  133 

Greenfield,  Episcopal  Church  in,            -              -             -              -  579 

*'           Trustees  of  Second  Congregational  Society  in,             -  365 

Greenwich  dividing  line  of  Parishes,       _              -             -              -  359 

Griffin,  G.  and  D.  Kimball,  annexed  to  East  Parish  in  Bradford,  205 

Groton  and  Dunstable  dividing  line,       -             -              -              -  364 

Guardians  to  Spendthrifts,         -----  96 

"        to  sell  real  estate,     -----  178 

Gunpowder,  safe  keeping  of,  in  Boston,  -  -  -  494 
Gun  Stock  Factory,      -              -             -              -             -              -376 

H. 

Halifax  Fishery  regulated,          -             -              -             -              -  127 

Hampden  boundary  line,            -----  371 

Hancock  Brook  Canal,           -    -              -              -              -             -  312 

"        Insurance  Company,   -              -              -             -              -  186 

Hanson,  Town  of,  incorporated,              -              -              -              -  400 

"       Fishery  in,  regulated,  -----  680 

Harding  "Wharf,  and  Kennebunk  Pier,  -              -              -              .  354 

Harman,  E.  annexed  to  North  Parish  in  New  Marlborough,         -  36 

Hartland,  Town  of,  incorporated,            -              -             -              -  345 

Haverhill,  J.  Ayres  annexed  to  First  Parish,       -              -             -  538 

Hawkers  and  Pedlars  restrained,             -             -              -              -  491 

Hewins  and  Lester  annexed  to  Alford,  -  -  -  -  145 
Highways,  tax  for  repairing,        -             -             -             -               190,  266 

Hingham,  real  estate  of,  to  be  sold,         -             -             -              -  64 

Hopkinton,  St.  Paul's  Church  in,  -         -             -             -             -  207 

"          School  land  to  be  sold,          -             -             ,             -  468 


INDEX. 

Hopkinton  and  Fraraingham  Factory,  name  changed,      -             -  339 
Hospital,  General,        -----               244,  556 

Hotel,  Farmers'  at  Brighton,     -----  682 

"      Nahant,  at  Lynn,            -              -              -              -  .           -  633 

Houses  licensed,  regulated,        -----  99 

Housatonick  Turnpike,  to  move  gate,     -             -             -             -  434 

Howard  Benevolent  Society,  at  Newburyport,    -             -             -  118 

I. 

Inland  Bills  of  Exchange,  .  _  .  -  263,  432 

Insolvent  estates,  how  to  be  settled,       -             -             -             -  661 
Inspection  of  Beef  and  Pork,  Butter  and  Lard,  -             -              463,  476 

Insurance  Company,  American,              -             -             -             -  21 

at  Beverly,              -              -              -             -  617 

Boston,  Fire,         -             -             -             -  174 

Columbian,             _             _              -              -  398 

Eagle,       -----  445 

Hampshire,  Fire,  -              -             -             -  556 

Hancock,-              -              -              -              -  186 

Kennebec,  Fire,    -             -              -              -  169 

Marblehead,           -             -              -              -  212 

Merchants',  in  Boston,       -              -             -  215 

Mutual,  Fire,         -             -              -             -  613 

Nantucket,  -         -              -      ,        -              -  24 

New  Bedford,        -              -              -              -  555 

Pittsfield,               -             -             -             -  134 

Portland,  -             -              >-             -             -  119 

Salem,  Marine,      -             -             -              -  211 

"       Commercial,             -             -             -  38 

Insurance  Companies,  meetings  of,         -             -             -             -  268 

"                "           to  insure  against  fire,        -             -             -  393 

Iron  Company  in  Dover,            -----  95 

Islands,  Long  and  Bird,  Light  Houses  on,           -             -             -  304 

Jackson,  Town  of,  established,                -             -              -              -  31 

Jurors  in  Hampshire  County,    -----  564 

Justices  of  Peace  to  take  recognizances,              -             -             -  713 

K. 

Keyes,  T.  annexed  to  West  Boylston,    ...            -  353 

Kennebunk  Pier  and  Wharf,       -----  S54 

Kingsley,  E.  to  remove  Turnpike  Gate,  -            -            -            -  232 
Kingston,  Fishery  in,  regulated,               _            -            -            363,  372 

Kingsbury,  Z.  annexed  to  Medway,        -            .            -            -  623 

Knight,  A.  set  off  to  Falmouth,    -----  78 

Knox,  Town  of,  incorporated,     -            -            -           -            -  101 


u 

u 

a 

a 

u 

a 

a 

a 

u 

a 

a 

li 

a 

a 

a 

a 

INDEX. 


L. 


Laboratojy  Company  at  Salem,  -           -            -           -           -  92 

Lancaster  Cotton  Manufactory,  -----  509 

Land  Mark,  Ancient,  Charity  Fund.       -            -            -          X.  278 

Lands  in  Maine,  sale  and  settlement  of,              ...  i84 

Lard  and  Butter,  ins[)ection  of,  -----  463 

Leather  Manufacture  in  Ashburnham,     -            .            -            -  340 

Leicester,  Baptist  Society,          -----  443 

Lee  and  Lenox,  line  between,  fixed,        ...            -  333 

Lester,  N.  and  others,  annexed  to  Alford,           -            -            -  145 

Leverett,  First  Universalist  Society  in,  -            -            -            -  46 

Library,  Social,  in  Boston,           -             .             -            .             .  555 

'*        Dickinson,  incorporated,            .            -            .            .  488 

Licensed  Houses  regulated,         .            -            -            -            -  99 

Lien  allowed  mechanics,  on  buildings  they  erect,            -            -  413 

Light  Houses  on  Long  and  Bird  Islsnds,              _            .            _  304 

Linnean  Society  incorporated,    -             -             .            -            -  462 

Limington  Congregational  Society,         -             -            -            .  109 

^    Line  between  Foxborough  and  Wrentham,         -            -            -  75 
"     of  Somerset  County,           -             -             -        _    -             -71 

Little.  Josiah,  and  others,  to  erect  a  boom,          -        .     -            -  65 

Lobster  Fishery  at  New  Bedford,            -            -            -            -  712 

"            "       at  Provincetovvn,           -            -            -            -  119 

Locks  and  Canals  in  Connecticut  River,              -            .            .  128 

Lodge,  Mount  Carmel,   ------  656 

Logs  and  Masts  secured  to  owners,        -            -            -            .  141 

Longmeadow  Baptist  Society,     -            -             -            -            -  82 

Lottery  of  Springfield  Bridge,     -             .             -            -             .  168 

Lotteries  regulated,        ......  392 

Lovett,  I.  set  off  to  First  Parish  in  Beverly,        ...  654 

Lubec,  Congregational  Society  in,            -            -            -            -  350 

Lynn,  Methodist  Society  in,        -----  368 

"      Board  of  Health,               -----  588 

M. 

Machias,  Baptist  Society  in,       -----  212 
Maine,  Separation  of,     -            -            -            -            -             248,  425 

"      Lands  in,  sale  of,             -----  134 

"       Commissioners'  Salary,  -----  621 

Maiden,  Baptist  Society  in,        -            -            -            -            -  575 

Manslaughter,  Robbery,  and  Felonious  Assault,              -            -  201 

Manufactures  and  Agriculture  encouraged,         -            -            -  181 

Manufacturers'  Insurance  Company,      ...           -  721 


INDEX. 

Manufacturing  Corporations,  their  powers  and  duties,    -            -  619 

Marblehead  Rock  ceded  to  the  United  States,     .            -            -  6l6 

"          Taxes  in,  how  to  be  collected,          .            .            -  77 

«          Baptist  Society  in,    -----  481 

Marriages,  solemnization  of,  regulated,  -            -             -            -  507 

Marshfield,  Trustees  of  Ministerial  Fund,           .            .             -  691 

Marshes,  penalty  for  killing  Birds  on,     -             -            -             -  576 

Marshpee  and  Herring  Pond  Indians,     -            -            -            -  161 

Meadows  Cove  in  Cohasset,         -----  239 

Mechanic  Relief  Society,            -            -            -            -            -  63 

"         Society  in  Andover,   -----  620 

Mechanics  to  have  a  lien  on  buildings,    -            -            -            -  413 

Medford,  Fishery  in,  regulated,                .             .             _             _  529 

Medway,  M.  Fuller  annexed  to  West  Parish,      -            -            -  435 

Merchants' Hall,  in  Boston,        -             -            -             -            -  116 

Merrimack  Manufacturing  Company,      -            -            •            -  631 

"         Canal  incorporated,    -----  273 

Mesne  Process,  mode  of  attaching  on,     -            -            -            -  329 

Methuen  Company,         ------  548 

Middlesex  Bank  established,       -----  627 

"         Husbandmen  incorporated,    -            -            -            -  312 

«        Factory  Company,      -----  339 

"         Manufacturing  Corporation,   -            -            -            -  642 

"        Turnpike  Gate  removed,        -            -            -            -  292 

«         Court  of  Probate  in,   -  -  -  -  581,666 

Mile,  Ten,  Brook  Canal,             -----  262 

Militia  Officers,  how  to  be  discharged,    -             -             -           /-  606 

"      training  and  governing,   -----  703 

"      fines  and  imprisonment  limited,  -             -             -             -  711 

"      parading  and  inspecting,               -             -             -             -  417 

Mills,  Boston  and  Roxbury  Corporation,             -             -            -  295 

Mills  in  Braintree.  Proprietors  of,           -             -             -            -  58 

Ministry,  education  of  youth  for,              .            _             .            -  323 

Monroe,  Town  of,  incorporated,               -            -             _            _  704 

Morse,  E.  annexed  to  Falmouth,              .            .            .            .  7^ 

Mortgages,  redemption  of,           -            -             -             -             -  686 

Munson  and  Brimfield  Manufactory,       -            -            -            -  571 

N. 

Nahant  Hotel  established,          -              -              -              -              -  633 
Names  of  Persons  changed,       -        8,  150,  270,  394,  477,  527,  583,  688 

Nantucket  Insurance  Company,             -             -             -             -  24 

Nantucket  Shoals,  pilotage  over,              -              -              -             -  412 
Natick,  J.  W.  Perry  annexed  to,           -            -             -            .338 

2 


INDEX. 

Natick,  First  Congregational  Parish,      -             -  -  -  45g 

Navigation  and  Trade  encouragf-d,          -             -  -  -  I93 

Newburgh,  Town  of,  incorporated,         -              -  -  -  123 

Newburyport  Institution  for  Savings,      -              -  -  -  325 

*'          Benevolent  Society,           -              -  -  -  118 

"          St.  Peter's  Charity  Fund,               -  -  -  344 

"          Land  of  Meeting  House  in,            -  »  -  142 

New  Salem  Congregational  Society,         _              -  -  -  240 

New  England  Bank  allowed  to  hold  more  real  estate,  -  -  78 

Newton,  F'irst  Baptist  Society  in,           -             -  -  -  510 

Norfolk  and  Bristol  Turnpike,  -----  467 

North  Bridgewater,  Town  of,  incorporated,         -  -  -  678 

North  Yarmouth  Religious  Society,        -             -  -  -  307 

Norridgewock  and  Canaan  School  Districts,        -  -  -  373 

O. 

Offenders  in  one  county,  may  be  arrested  in  another,  -  -  504 

Olhce  of  Secretary  or  Treasurer,  how  to  be  filled,  if  vacant,  -  602 

Officers  of  Militia,  compensation  for,       -              -  -  417,  703 

"                 "       how  to  be  discharged,             -  -  606,  703 

*'      of  Government,  their  salaries,    -              -  -  -  148 

Old  Colony  Manufacturing  Company,     -              -  -  -  639 

Otis,  Methodist  Society  in,        -             -             -  -  -  493 


Parishes  and  Precincts  regulated,            -            -            -    ^  -  657 

Parker,  A.  and  others,  set  off  to  Second  Parish  in  Deerfield,  -  457 

Parsons,  Town  of,  incorporated,  -----  157 

"            "          name  changed,            .            -            ,  -  435 

Patch,  B.  annexed  to  First  Parish  in  Beverly,     -            -  -  433 

Paul,  St.,  Church  in  Boston,  incorporated,           ...  314 

"            "       in  Hopkinton, ...            -  -  207 

Paupers,  how  to  be  supported,  and  where,            -            *•  428,  709 

Pedlars  and  Hawkers  restrained,             .            _            -  .  491 

.Pegypscot,  name  of  Town  changed,        -            -            -  -  7'£ 

Pembroke,  Town  of,  divided,       -----  401 

Penobscot  Court  House  Corporation,       -            -            -  -  297 

Perkins,  A  to  have  control  of  plates  for  printing  bank  bills,  -  79 

Perry,  J.  W.  annexed  to  Natick,             .            ,            -  .  333 

Peter's  St.,  Charity  Fund  in  Newburyport,          -             .  -  344 

Pews  in  Alfred  Meeting  House  taxed,     -            -            -  -  43 

"    in  Douglas  Meeting  House  taxed,  -            -            -  -  410 

"    in  Edgarton,  taxed,             .            .            .            -  .  465 

Philharmonic  Society  incorporated,          .             -            -  -  271 

Physic  and  Surgery,  practice  of,  regulated,        ^           -  -  179 


INDEX, 

Pickerel,  taking  of,  restrained,    -----  76,  269 

Pickl<^d  Fisli,  packing  of,  regulated,         -             -             -             -  224 

Pilgrim  Society  incorporated,      -----  309 

Pilotage  over  Nantucket  Shoals,               .            ^             -            -  412 

"       for  Port  of  Boston,          -             .             _             -             -  266 

Pittsfield  Insurance  Company,     -----  134 

••       Fishery, -  393 

Plantation  of  Twenty  Five  Mile  Pond  annexed  to  Joy,  -             -  98 

Plates  for  printing  bank  notes,     -----  79 

Plymouth.  Bristol,  and  Barnstable,  Supreme  Judicial  Courts  in,  -  4 

Pocasset  Manufacturing  Company,          _            -             -             -  650 

Police  Court  in  Boston,  ------  727 

Pond  Island,  in  Maine,  ceded  to  the  United  States,        -            -  563 

Poor  Prisoners,  how  to  notify  creditors,  -             -             -             -  377 

''   of  the  State,  price  fixed  for  support  of,         .             -             -  588 

"   in  Boston,  moral  instruction  of,       -             -             -             -  405 

"    Female,  Society  for  employing,        -             -             -             -  577 

Pork  and  Beef,  inspection  of,  regulated,               .            -             .  475 

Portland  Baptist  Society,             -----  355 

"       Relief  Society,              -----  332 

"       Episcopal  Church  in,    -             -             -             -            -  295 

"       Savings  Institution,      -----  209 

Pot  and  Pearl  Ashes,  sale  of,  regulated,  -            -            -            -  644 

Presbyterian  Society  in  Dracut,  -----  339 

Prescott,  Town  of,  incorporated,              -             .             -             .  614 

prison,  State,  salary  of  Chaplain  of,         -            -             -             -  30 

"           "     punishment  of  convicts  in,              -             -            -  246 

"          "     food  and  labor  of  convicts,             .            .            -  725 

Prisons  regulated,             -._._-  234 

Provincetown,  Lobster  Fishery  therein,  -            -            -            -  719 

Q. 

Quarter  Master  General,  his  salary  fixed,            -            -            -  185 

"  "  "       dutiestransferredto  Adjutant  General,  560,  561 

Quincy  and  Dorchester,  line  between,  -            -            -            -  371 

"        C.  Faxon  annexed  to,     -           -            -           -            -  105 


R. 

Randolph,  East  Parish,  incorporated, 

Rateable  Estate  to  be  taken. 

Real  Estate,  executions  on,  how  levied,  - 

Real  Actions,  limitation  of. 

Recognizances  to  be  taken  by  Justices,    - 

Redemption  of  Mortgages, 

Rehoboth  and  Swanzey,  Fishery  in, 


124 

519 
183 
396 
713 
686 
214,  503 


INDEX. 

Remedies  in  equity  explained,     -            -            .            -            _  145 

Republican  Institution  in  Boston,             >            -             _            _  144 

Retailers  of  spiritous  liquors,       -----  378 

Review,  writs  of,  to  be  granted  by  Supreme  Judicial  Court,        -  504 

Riding  School  in  Boston,              -             _             -            .             .  645 

River,  Dead,  Proprietors  of  Dam  over,    -                         -            -  341 

"      North  West,  Canal,           -----  409 

Road,  regulations  for  passing,      -----  526 

Robbery  and  manslaughter,  and  felonious  assaults,          -            -  201 

Roxbury,  Eliot  School  in,             -             -             -             -            -  532 

"         Universalist  Society,    -----  407 

"         Third  Parish,  Hyde  and  Gould  annexed  to,     -            -  460 

"        and  Boston  Mill  Corporation,  -            -            -            -  296 

Rumford  Bridge,             ------  84 

"       Ministerial  and  School  Lands,              -            -            -  86 

S. 

Salary  of  Governor  fixed,             -----  133 

"       of  several  officers,              -----  143 

Salem  Laboratory  Company,        -----  72 

"      Marine  Insurance  Company,         -            -            -            -  2II 

«      Soutli  Buildings,  ------  334 

"      Collector  of  Taxes  for,      -----  537 

"      Assessment  of  Taxes,       -----  568 

Sales  at  Public  Auction  regulated,           -            -            -            -  379 

Sandisfield  and  Southfield  united,            -             -             -             -  80 

Sandyi'ich  Calvinistic  Society,     -----  261 

Sanford,  part  of  Shapleigh  annexed  to,    -            -             -             -  353 

Salt  Manufactory  at  Billingsgate  Island,              -            -            _  574 

Saunderson  Academy  and  School,  -----  586 

Saunders,  E.  and  others,  annexed  to  Second  Parish  in  Deerfield,  457 

Savings  Fuel  Institution  in  Boston,          -            -            -            -  574 

"          «            «        in  Hallowell,     -            -            -            -  385 

«          "             "         in  Portland,       -             -            -             -  209 

"          "            "        in  Newbury  port,            .            .            -  325 

School  Districts  in  Canaan,  &c.  united,  -            -            -            -  373 

"            "         members  of,  to  be  witnesses,      -            -            -  7J4 

"       Lands  in  Berkshire,         -----  515 

Settlement  of  estates  of  deceased  persons,           -            -            -  417 

"          in  towns,  what  constitutes  it,             .            -            .  709 

Secretary's  Office,  when  vacant,  how  filled,         .            .            _  602 

Shapleigh,  part  of,  annexed  to  Sanford,  -            -            -            -  353 

Sheffield,  First  Baptist  Society  in,           -            -            -            -  483 

Shirley  Universalist  Society,       -----  sorf 

Smelt  and  Tom  Cod  in  Charles  River,  Fishery  of,          -            -  172 


INDllX. 

Soap  Stone  Factory  in  Boston,    -           -  -  -  -  374 

Solicitor  and  Attorney  General,               -  _  .  _  545 

Southbridge,  persons  annexed  to,             .  _  _  _  724 

«          Baptist  Society  in,  -            -  -  -  -  619 

Southfield  and  Sandisfield  united,            .  _  -  ^  80 

Spendthrifts,  notice  of,  when  put  under  guardianship,     -  -  96 

"           their  estates  may  be  sold,  -  -  -  -  178 

Springfield  Bridge,  lottery  for,    -             -  -  -  -  168 

"           Second  Congregational  Society  in,  -  -  -  320 

Staftbrd  and  Worcester  Turnpike,          .  -  _  -  358 

Steam  Boat  Company,  Boston  and  Medford,  -  -  -  585 

Students  in  Academies  excused  from  military  duty,  -  -  456 

Suffolk  County  Treasurer,  election  of,     -  -  -  -  517 

"             "        Attorney's  salary,            .  _  -  -  721 

"        administration  of  justice  in,          -  -  -  -  727 

Swanzey  and  Rehoboth  Fishery,  _  .  .  214^  503 


Taunton  River,  Fishery  hi,  regulated,     -  -  -  164,  380 

«        St.  Thomas'  Church  in,              .            -            .            -  347 

Tax  on  retailers  of  spiritous  liquors,        .            -            -             -  378 

Taxes  for  Marblehead,  mode  of  collecting,           -            -            -  79 

"      Salem,  how  to  be  collected,  .  _  _  537^  568 

Ten  Pound  Island  ceded  to  the  United  States,   -            -            -  432 

Theatre,  Boston,  Proprietors  of,               -             -       .      -            -  603 

Thomaston  Meeting  House,  Proprietors  of,          -            -            -  221 

«          Charitable  Fund,        ....            -  160 

Timber,  admeasurement  of,         -            -            -             -             -  662 

"       and  Wood,  to  prevent  the  distruction  of,           -            -  146 

"       logs  and  masts,  secured  to  owners,        ...  141 

Tinker's  Island  ceded  to  the  United  States,        -            -            -  616 

Town  of  Atkinson  incorporated,             -            _            .            _  100 

"      of  Danville  incorporated,  -----  72 

"      of  Essex  incorporated,      -----  128 

"      of  iEtna  incorporated,      -----  362 

"      of  Hartland  incorporated,              .            .            -            -  345 

"      of  Hanson  incorporated,    -             -             -             _             -  400 

"      of  Jackson  incorporated,   -----  31 

"      of  Knox  incorporated,       -----  lOl 

"      of  Monroe  incorporated,    -----  707 

"      of  Newburgh  incorporated,             -            ,            -            -  123 

<'      of  North  Bridgewater  incorporated,          -            .            -  57^8 

'*      of  Parsons  incorporated,  -             -             -            -            -  157 

"      of  Prescott  incorporated,  -            -            -            _            -  614 

"     of  Sandisfield  and  Southfield  incorporated,                       -  80 


LVDEX. 

Town  of  Thorndike  incorporated,            -            -  -  .  115 

*'      of  Warsaw  incorporated,  -----  280 

"      of  West  Bridgewater  incorporated,           -  -  -  679 

"      of  West  Newbury  incorporated,  -             -  -  -  435 

Towns  to  be  reimbursed  for  supporting  poor  prisoners,  -  -  337 

Trade  and  Navigation  encouraged,          -            -  -  -  193 

Treasurer  of  Suffolk,  mode  of  choosing,  -            -  -  -  517 

"        of  State,  how  to  be  chosen,  upon  a  vacancy,  -  -  602 

Trespasses,  how  to  be  prevented,            -            _  -  -  5 

Troy,  Congregational  Society  in,             -            -  -  -  502 

Turnpike,  Andover  and  Medford,  -  .  -  660,  544 

"         Barre,  Corporation,     -----  630 

"        Becket,  Gate  removed,            _            -  -  -  232 

«         Bristol  and  Norfolk,  ...  -  -  467 

*'        Chester,  Corporation,              .            _  _  _  669 

"         Essex,  additional  act,  .  -  _  660,  544 

"         Housatonick,  to  remove  Gate,             -  .  _  434 

"        Massachusetts  First,  -----  246 

«                    «            Sixth,-             -            -  -  -  464 

«                    «            Eighth,            -            -  -  -  111 

«<                    «            Tenth,             -            -  -  -  294 

"        Middlesex.  Gate  removed,      -            -  -  -  292 

"        Union,  discontinued  in  part,  -  -  -  127,  318 

"         Wilbraham  established,          -            -  .  -  442 

«         Worcester  and  Stafford,          -             -  -  -  358 

Twenty  Five  Mile  Pond  Plantation  annexed  to  Joy,  -  -  98 


Valuation  of  Estates  to  be  taken,  -  -  -  -  519 

Vassalborough,  Fishery  in,  regulated,      -  -  -  -  126 

Veterinary  Institution,    -  -  -  -  -  -  617 

Union  Factory  Company,  .  .  _  _  .  543 

Union  Hall  Society,  in  Westborough,     -  -  -  -  244 

Union  Wharf,  in  Eastport,  -  -  -  -  -  281 

United  States  to  build  Light  Houses  on  Bird  and  Long  Islands,  304 

«         "  "  «  on  Pond  Island,  in  Maine,  563 

«        «  "  «  on  Ten  Pound  Island,        -  432 

«        «  «  «  on  Tinker's  Island,  -  616 

W. 

Waldoborough,  Fishery  in,  regulated,      -  -  .  -  102 

Waltham,  Second  Religious  Society  in,  -  -  -  -  471 

Ware,  D.  annexed  to  Wrentham,  .  -  -  -  232 

Ware,  H.  his  estate  annexed  to  Cambridge,         -  -  -  463 

Ware  Manufacturing  Company,  -----  655 


INDEX. 

Washington,  First  Baptist  Society  in,     -  -  -  -  444 

Waterville  Religious  Society,     -             -  -  -  335 

"Ways.  High,  how  to  be  repaired,              .  -  -  192,266 

West  Boylston,  lands  annexed  to,          -  ,  -  -  -  477 

"            "        J.  Keyes  annexed  to,     -  -  -  -  353 

Westborough,  Union  Hall  Society  in,      -  -  -  -  244 

Western  and  Brookfield  Universalist  Society,  -  -  -  290 

West  Springfield  Ministerial  Fund,         -  -  -  -  440 

West  Cambridge,  Fishery  in,  regulated,  -  -  -  -  529 

Westminster  Universalist  Society,          -  .  -  -  342 

Weweantit  River,  Fishery  in,  regulated,  .  -  -  363 

Wharf  Company,  at  Edgarton,    -----  632 

«               "at  Eastport,     -             -  -  -  -  281 

«               «         at  Falmouth,   -             -  -  -  -  224 

Whiting,  P.  and  others,  annexed  to  Dracut,  -  -  -  331 

Wolcot  Woolen  Factory,  ....  406,  659 

Wood.  Cord,  and  Timber,  to  prevent  the  destruction  of,  -  146 

Worcester  First  Baptist  Society,             .  -  _  -  233 

Wrentham  to  sell  Ministerial  Lands,      -  -  -  -  475 

"          persons  annexed  to,  -            -  -  -  232,  720 


York,  Universalist  Society  in,     -----        310 


Youth,  education  of,  for  ministry, 


I  ■ ' 


f