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

ACTS 



E S O L V E S 



PASSED BY TEE 



HejijSlatiire of j^a^^ac^u^ett^, 



IN THE YEAK5 



1839, 1840, 1841, 1842. 



TOGETHER WITH THE ROLLS AND MESSAGES, 



PUBLISHED T?Y THE SECRETARY OF THE COMMONWEALTH. 




Boston: 

DUTTON AND WENTWORTH, PRINTERS TO THE STATE. 

1842. 



State Librrr' ^' '^-'-achusetts 
State riv^cii^, Boston 



fl^ This book constitutes the first vohime of the Laws, &c. of the 
Commonwealth, published subsequent to the Resolve, (see page 110,) 
authorizing the Acts and Resolves to be printed conjointly, instead of 
separately, and, when bound, may with propriety be lettered — "Laws 
of Massachusetts, New Series, Volume I." 



GENERAL AND SPECIAL 



1839. 



An Act to incorporate the Massachusetts Cotton Mills. CflCLVt 1 • 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled, and by the authority of the same.) 
as folloios : 

Sect. 1. Abbott Lawrence, Ozias Goodwin and John A. Persons incor 
Lowell, their associates and successors, are hereby made a cor- P°''^^ 
poration, by the name of the Massachusetts Cotton Mills, for 
the purpose of manufacturing cotton and woollen goods, in the 
city of Lowell, and county of Middlesex ; and for this purpose 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purposes Estate, 
aforesaid, real estate to the amount of three hundred thousand 
dollars, and the whole capital stock of said corporation shall not 
exceed one million five hundred thousand dollars. [Jan. 28, 
1839.] 

An Act to incorporate the Pacific Insurance Company of New Bedford. CflOV 2 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

Sect. 1. Elisha Dunbar, Abraham H. Howland, Thomas Persons Incor- 
Nye, Jr., their associates and successors, are hereby made a po'^'^^- 
corporation, by the name of the Pacific Insurance Company, to 
be established in the town of New Bedford, in the county of 
Bristol, for the purpose of making maritime loans, and insurance 
against maritime losses, in the customary manner ; and for this 
purpose shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth in the thirty- 
seventh and forty-fourth chapters of the Revised Statutes, and 
1 



2 



1839.- 



-Chap.2 —5. 



in the thirty-fifth and one hundred and seventy-eighth chapters of 
the laws of the year one thousand eight hundred and thirty-eight. 

Estate. Sect. 2. The said corporation may hold any estate, real 

and personal, for the use of said corporation : provided^ that the 
real estate shall not exceed the value of fifty thousand dollars, 
excepting such as may be taken for debt, or held as collateral 
security for money due to said company. 

Capital stock. Sect. 3. The Capital stock of said company shall be one 
hundred thousand dollars, and shall be divided into shares of one 
hundred dollars each, and shall be collected and paid in, in such 
instalments, and under such provisions and penalties, as the pres- 
ident and directors of said company shall order and direct. 
[Jan. 28, 1S39.] 

C^hnrt '^ "^^ ^^^ ^^ change the name of the Second Precinct of Brookfield. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Name changed. The Sccond Precinct of Brookfield, in the county of Wor- 
cester, may take the name of the First Congregational Society 
in North Brookfield. [Jan. 28, 1839.] 



Chap, 4. 



Persons incor- 
porated. 



Estate. 



Chap. 5. 



Persons incor- 
porated. 



An Act to incorporate the First African Methodist Episcopal Society in the city of 
Boston. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Noah C. Cannon, Henry Carroll and Daniel La- 
ing, their associates and successors, are hereby made a corpora- 
tion, by the name of the First African Methodist Episcopal 
Society in the city of Boston, with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities, 
contained in the twentieth chapter of the Revised Statutes, re- 
lating to parishes and the support of public worship. 

Sect. 2. Said society shall have power to hold real and 
personal estate, to an amount not exceeding five thousand dol- 
lars, exclusive of their meeting-house : provided, that the whole 
annual income thereof shall be appropriated to parochial pur- 
poses. [Jan. 28, 1839.] 

An Act to incorporate the Methodist Episcopal Zion's Church in the city of Boston. 

BE it enacted by tlie Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Solomon R. Alexander, Joseph W. Butler and 
Siinpson H. Lewis, their associates and successors, are hereby 
made a corporation, by the name of the Methodist Episcopal 
Zion's Church in the city of Boston, with all the powers and 
privileges, and subject to all the duties, restrictions and liabili- 
ties, contained in the twentieth chapter of the Revised Statutes, 
relating to parishes and the support of public worship. 



\ 



1839. Chap. 5—7. 3 

Sect. 2. Said church shall have power to hold real and Estate. 
personal estate to an amount not exceeding five thousand dollars, 
exclusive of their ineeting-house : provided, that the whole an- 
nual income thereof shall be appropriated to parochial purposes. 
[Jan. 29, 1839.] 

An Act to incorporate the Traders Insurance Company of Boston. ChctP» 6. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. James H. Lunt, Reuben Richards, Jun. and Persons incor- 
Samuel C. Gray, their associates and successors, are hereby P"""^'^ 
made a corporation, by the name of the Traders Insurance 
Company, to be established in the city of Boston, in the county 
of Suffolk, for the purpose of making maritime loans and insu- 
rance against maritime losses and insurance against losses by fire, 
in the customary manner ; and for this purpose shall have all the 
powers and privileges, and be subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-seventh and forty- 
fourth chapters of the Revised Statutes, and in the thirty-fifth 
and one hundred and seventy-eighth chapters of the laws of the 
year one thousand eight hundred and thirty-eight. 

Sect. 2. The said corporation may hold any estate real and Estate, 
personal, for the use of said corporation : provided, that the real 
estate shall not exceed the value of fifty thousand dollars, except- 
ing such as may be taken for debt, or held as collateral security 
for money due to said company. 

Sect. 3. The capital stock of said company shall be two Capital stock, 
hundred thousand dollars, and shall be divided into shares of one 
hundred dollars each, and shall be collected and paid in, in such 
instalments and under such provisions and penalties, as the pres- 
ident and directors of said company shall order and direct. 
[Jan. 29, 1839.] 

An Act to incorporate the Whitney Mills. ChttP' 7. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloxos : 

Sect. 1. Amos Spaulding, Joel Adams, and John Nes- Persons incor- 
mith, their associates and successors, are hereby made a corpo- P"""^^ • 
ration, by the name of the Whitney Mills, for the purpose of 
manufacturing woollen and cotton goods in Lowell, in the county 
of Middlesex ; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, restrictions and 
liabilities, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purpose Estate, 
aforesaid, real estate to the amount of thirty thousand dollars ; 
and the whole capital stock of said corporation shall not exceed Capital stock. 
one hundred thousand dollars. [Jan. 29, 1839.] 



4 



1839.- 



■Chap. 8—10. 



Chtt'D. 8. ^^ ^^^ ^° conlinue in force " An Act to incorporate the Bedford Commercial Insur- 
* * * ance Company." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios: 
Continue in The Statute of the year one thousand eight hundred and tvven- 

yl?^%r ^^"^ ty-one, incorporating the Bedford Commercial Insurance Com- 
pany shall be and remain in force for the term of twenty years 
from the fifteenth day of February one thousand eight hundred 
and forty-one ; and the said corporation shall be continued dur- 
ing that term, and shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabilities, set forth 
in the thirty-seventh and forty-fourth chapters of the Revised 
Statutes, and in the thirty-fifth and one hundred and seventy- 
eighth chapters of the laws of the year one thousand eight hun- 
dred and thirty-eight. [Jan. 29, 1839.] 



Chap. 9. 



Persons incor- 
porated. 



Estate. 



Pews may be 

assessed. 



Chap, 10. 



Persons incor- 
porated. 



Estate. 



An Act to incorporate the Independent Congregational Society in Waltham. 

BE it enacted by the Senate and House of Representatives, 
in General Coiirt assembled, and by the authority of the same, 
asfollovjs : 

Sect. 1. Jonas Clark, Uriah B. Stearns and Stephen 
Mead, their associates and successors, are hereby made a cor- 
poration, by the name of the Independent Congregational Soci- 
ety in Waltham, with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes, and in that part of the 
twentieth chapter of said statutes which relates to parishes and 
religious societies. 

Sect. 2. Said corporation may hold, exclusive of their 
meeting-house, and the lot on which it stands, real and personal 
estate, the annual income of which shall not exceed fifteen hun- 
dred dollars : provided, the same be appropriated exclusively to 
parochial purposes. 

Sect. .3. Said society may assess the pews in their meeting- 
house for the support of public worship. [Feb. 1, 1839.] 

An Act to incorporate the Proprietors of the Botanic Garden in Boston. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

Sect. 1. Horace Gray, George Darracott, Charles P. 
Curtis, and their associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Botanic 
Garden in Boston, for the purpose of extending the knowledge 
and cultivation of plants, shrubs and flowers, in the said city of 
Boston, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, contained in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purposes 
aforesaid, real and personal estate not exceeding fifty thousand 
dollars, in such proportions as the said corporation may, from 
time to lime, prescribe. [Feb. 1, 1839.] 



1839. Chap. 11—13. 5 

An Act to incorporate the New Bedford Cordage Company. Chttt) 1 1 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled , and by the authority of the same, 
as follows : 

Sect. 1. James B. Congdon, James Arnold, David R. Persons incor- 
Greene, their associates and successors, are hereby made a cor- ^^^^ ^ ' 
poration, for the purpose of manufacturing cordage, in the town 
of New Bedford, in the county of Bristol, and for this purpose 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said company may hold, for the purpose Estate, 
aforesaid, real estate to the amount of fifty thousand dollars, and 
the whole capital stock of said company shall not exceed one 
hundred and fifty thousand dollars. [Feb. 1, 1839.] 

An Act to incorporate the Proprietors of the First Universalist Meeting-House in r^hn/n 1^ 
Weymouth. ^IIUJ). I ^. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Asa B. Wales, Ira Curtis, and John A. Hobart, Persons incor- 
their associates and successors, are hereby made a corporation, P"""^'^ • 
by the name of the First Universalist Meeting-House in Wey- 
mouth, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes, and so much of the twentieth 
chapter of said Statutes as relates to the proprietors of churches 
and meeting-houses. 

Sect. 2. Said corporation may hold personal and real es- Estate, 
tate to an amount not exceeding two thousand dollars, exclusive 
of their meeting-house : provided, that the whole annual income 
thereof shall be applied to parochial purposes. [Feb. 4, 1839.] 

An Act to authorize and empower the Trustees of the Eliot School to sell and convey f^hn'n I Q 
certain lands. 0/i«p. JO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Trustees of Eliot School, in Roxbury, in the county of Description of 
Norfolk, are hereby authorized and empowered to sell and con- '''"'^ '" ^^ ^°'*^" 
vey, in fee simple, all or any part of twenty-nine acres two 
quarters of an acre and one rod of land, situated in the second 
or westerly parish in Roxbury aforesaid, the same being granted 
and conveyed by the Rev. John Eliot, by deed dated the tenth 
day of July, in the year one thousand six hundred and eighty- 
nine, unto certain persons in said deed named, for the support 
and maintenance of a school and schoolmaster in that part of 
Roxbury aforesaid then called Jamaica, or Pond Plain ; and the Investment of 
said Trustees of Eliot School are hereby directed and required i"'°'"^*^^s- 
to invest the proceeds of sale of all or any part of the land 
aforesaid, as soon as conveniently may be after such sale, in 



6 1839. Chap. 13—16. 

other real estate, or to loan the same on interest, with mortgage 
of real estate as collateral security for the payment thereof, ac- 
cording 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 expressed ; and for no 
other use or purpose whatever. [Feb. 6, 1839.] 

ChciD 14* ^^ ^^"^ further regulating the Sale of Wood in Marshpee. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Refuse wood Sect. 1. The Selectmen of the District of Marshpee are 

may be sold, hereby empowered to sell the refuse wood from the common 
lands of said district to persons other than proprietors thereof, 
in such manner, and to such amount, as shall be agreed upon in 
legal district meeting, and approved by the commissioner of said 
district ; and the proceeds of such sale shall be placed in the 
hands of the treasurer thereof, to be applied to the necessary 
district charges ; and any purchaser of wood so sold is hereby 
authorized to cut and transport the same from said district. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [Feb. 6, 1839.] 

Chcttft 15. ■^'^ ^^'^ '° incorporale the Massachusetts Beach Grass Paper Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Persons incor- Sect. 1. Isaac Sanderson, Moses Whitney, Jr., and John 
pornted. Marsh, their associates and successors, are hereby made a cor- 

poration, by the name of the Massachusetts Beach Grass Paper 
Company, for the purpose of manufacturing paper from beach 
grass, in the town of Barnstable, in the county of Barnstable, 
with all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 
Estate. Sect. 2. Said corporation may hold, for the purpose afore- 

said, real estate to the amount of fifteen thousand dollars, and 
the whole capital stock of said corporation shall not exceed the 
amount of twenty-five thousand dollars. [Feb. 12, 1839.] 

f^h/iti 1^ •'^" -^^"^ concerning- the establishment of Limits for the Jail Yard at Lowell, in the 
r^lliqj. l\J. county of Middlesex. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfollotcs : 
Jail limits con- Sect. 1. In respcct to all proceedings on executions issu- 
ofmherTaiis."*'' '"S "P°" judgments which have been, or may hereafter be re- 
covered upon contracts made before the second day of April, in 
the year one thousand eight hundred and thirty-four, the county 
commissioners for the county of Middlesex, are authorized to 
establish limits for the jail yar<] of the jail at Lowell, in the 



1839. Chap. 16—19. 7 

county of Middlesex, in such manner that the same shall in no 
instance extend more than fifty rods from the said jail. 

Sect. 2. This act shall take effect from and after its pas- When to take 
sage. [Feb. 14, 1839.] '^^'='- 

An Act to incorporate the Chelsea Steam Cotton Company. CKcLT) 1 7 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect. 1. Nathaniel B. Carney, Albert Guild and Curier Persons incor- 
F. Bagley, their associates and successors, are hereby made a po^ated. 
corporation, by the name of the Chelsea Steam Cotton Compa- 
ny, for the purpose of manufacturing cotton and woollen goods, 
in the town of Chelsea, in the county of Suffolk, with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- Estate, 
said, real estate to the amount of one hundred and fifty thousand 
dollars, and the whole capital stock of said corporation shall not 
exceed three hundred thousand dollars. \^Feb. 15, 1S39.] 

An Act in addition to an Act to incorporate the Boston Society of the New Jerusa- C)h(l'n, \ 8 
Jem. -» * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Boston Society of the New Jerusalem are hereby au- House allowed 
thorized to hold their house for public worship, and for other '° ''f. "^^'l ^^'^ 

I -1111 I • 1 • 1 -771 worship and 

uses, together with the land on winch it stands : provided, the other uses. 
income accruing from such uses, shall be appropriated exclusive- 
ly to parochial purposes. \Feh. 15, 1839.] 

An Act to continue in force an Act to incorporate the Columbian Insurance Com- (^hifr) TQ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The act of the year one thousand eight hundred and twenty. Continued for 
incorporating the Columbian Insurance Company, shall be and twenty years. 
remain in force for the term of twenty years from the twenty- 
second day of February one thousand eight hundred and forty ; 
and the said corporation shall be continued during tiiat term, 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the thirty- 
seventh and forty-fourtli chapters of the Revised Statutes, and 
in the thirty-fifth and one hundred and seventy-eighth chapters 
of the laws of the year one thousand eight hundred and thirty- 
eight. [Feb. 15, 1839.] 



8 



1839.- 



-Chap. 20—22. 



Chap. 20. 



Persons incor- 
porated. 



Estate. 



Chap. "2.1, 



Persons incor- 
porated. 



Estate. 



Chap. 22. 



Persons incor- 
porated. 



Estate. 



I.nnd purchas- 
ed lo be laid 
out in lots, &,c. 



An Act to incorporate the First Baptist Society in Grafton. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Parley Goddard, Mark Batchelor and Oliver Rice, 
their associates and successors, are hereby made a corporation, 
by the name of the First Baptist Society in Grafton ; with all 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities, contained in the twentieth chapter of the 
Revised Statutes. 

Sect. 2. Said society shall have power to hold real and 
personal estate to an amount not exceeding two thousand dollars, 
exclusive of their meeting-house and the land on which it stands : 
provided, that the whole annual income thereof shall be appro- 
priated to parochial purposes. [Feb. 18, 1839.] 

An Act to incorporate the German Lutheran Society in the city of Boston. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. George M. Merr, Michael Ebert and Carl Pfaff, 
their associates and successors, are hereby made a corporation, 
by the name of the German Lutheran Society in the city of 
Boston, with all the powers and privileges, and subject to all the 
duties, restrictions, and liabilities, contained in the twentieth 
chapter of the Revised Statutes. 

Sect. 2. Said society may hold real and personal estate to 
an amount not exceeding five thousand dollars exclusive of their 
meeting-house, and the land on which it stands : provided, that 
the annual income thereof shall be appropriated exclusively to 
parochial purposes. [Feb. 18, 1839.] 

An Act to incorporate the Proprietors of the Braiiitree Cemetery. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. Stephen Thayer, Charles M. Fogg and Samuel 
D. Hayden, their associates and successors, are hereby made a 
corporation, by the name of the Proprietors of the Braintree 
Cemetery, with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said corporation may purchase and hold real 
estate in the town of Braintree and county of Norfolk, to the 
amount of two thousand dollars, and personal estate not exceed- 
ing in value two thousand dollars, for the purposes connected 
with and appropriate to the object of said corporation. 

Sect. 3. The said corporation shall lake and hold the real 
estate, which by this act tiiey are authorized to purchase, for a 
rural cemetery or burying-ground, and lor the erection of tombs, 
cenotaphs or other monuments in memory of the dead, and for 
that purpose may lay it out in suitable lots or subdivisions for 



1839. Chap. 22—24. 9 

family or other burying places, and may make and annex thereto 
such suitable appendages as the corporation shall, from time to 
time, deem expedient ; and the said real estate shall be forever 
held for such purposes and no other. And said corporation may 
''fell and convey to any person or persons, the sole and exclusive 
right of burial and of erecting tombs or monuments in any such 
deiignated lots and subdivisions ; and any right so granted and 
conveyed, shall be held for the purposes aforesaid, and no other, 
and said cemetery shall be exempted from taxation so long as it To be exempt- 
shall be used for the aforesaid purpose. fiJa!""" ^^''*' 

Sect. 4. All persons who shall hereafter become proprie- Owners of lots 
tors of lots in said cemetery, containing not less than one hundred *° ^^ corpora- 
square feet, shall thereby become members of said corporation. 

Sect. 5. All the provisions contained in the seventh and Certain provi- 
ninth sections of the act of March thirty-first, in the year one hit"ftiount^™"u- 
ihousand eight hundred and thirty-five, to incorporate the pro- bum Cemetery 
prietors of the Cemetery of Mount Auburn in the county of ^^'' ^ '° ^ '*" 
Middlesex, shall extend and apply to the said Braintree Cem- 
etery. [Feb. 18, 1839.] 

An Act to increase the Capital Stock of the Middlesex Company. Chni) 9S 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

The Middlesex Company are hereby authorized to increase increase not to 
their capital stock, by adding thereto, an amount not exceeding ^^^^ ^250,- 
tvvo hundred and fifty thousand dollars, to be paid in, in such in- 
stalments as the corporation may direct. [Feb. 19, 1839. J 

An Act to incorporate the Benevolent Fraternity of Churches in the city of Boston. CJinn 2A 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Samuel Greele, Elijah Cobb, Henry B. Rogers, Persons incor- 
Samuel Barrett and Samuel K. Lothrop, their associates and po^ated. 
successors, are hereby made a corporation, by the name of the 
Benevolent Fraternity of Churclies in the city of Boston, with 
all the powers and privileges, and subject to all the duties, re- 
strictions and liabilities set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. Said corporation may hold real and personal es- Estate. 
tate : provided, the same shall not exceed in its annual income, 
the sum of seven thousand dollars, exclusive of their chapels and 
the land on which they stand, to be appropriated to the moral 
and religious instruction of the poor ui the city of Boston. 
[Feb. 19, 1839.] 



10 



1839.- 



-Chap. 25—27. 



Chap. 25. 



May be extend- 
ed to line per- 
mitted by law. 



Proviso. 



An Act to authorize tlie Proprietors of Commercial Wharf to extend the same. 

BE it enacted hy the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
asfolloiDS : 

The Commercial Wharf Company are hereby empowered avA 
authorized, to extend and maintain their wharf in the city of 
Boston, into the harbor channel, as far as the line established by 
the act entitled an act to preserve the harbor of Boston, and to 
prevent encroachments liierein, passed on the nineteenth day of 
April, in the year one thousand eight hundred and thirty-seven ; 
and shall have and enjoy the right and privilege of laying vessels 
at the sides and end of their said wharf, and receiving wharfage and 
dockage therefor : provided, that so much of said wharf as may 
be constructed in said channel, shall be built on piles, and parallel 
with the lines of the dock and common highway established 
northeasterly of Long wharf by the city of Boston and others : 
and, provided also, that nothing herein contained shall in any 
way interfere with the legal rights of the owner or owners of any 
wharf or wharves adjoining that of said company. [Feb. 19, 
18^39.] 

Chctp. 26. An Act authorizing Daniel Fisher to extend his Wharf in the harbor of Edgartown. 

^E it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloxos : 
SndeTfifteen Daniel Fisher is hereby authorized to extend his wharf in the 
feet. harbor of Edgartown, in the direction in which said wharf now 

runs, fifteen feet : provided, such extension shall not impair the 
legal rights of any person. [Fe6. 19, 1839.] 



Chap, 27. 



Commissioners 
to examine 
banks whose 
charters may 
be annulled or 
surrendered : 
such banks sub- 
ject to act of 
1838, ch. 14, §§ 
3 and 4. 



Such banks 
subject to said 
act, § 5, if its 
officers ob- 
struct, &-C.. 
such examina- 
tion, or exceed 
their powers, 
&c. 



An Act providing for the examination of Banks whose Charters have been annulled, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The bank commissioners, or some one of them, 
shall visit and examine those banks, incorporated by the author- 
ity of this Commonwealth, whose charters have been or may 
hereafter be annulled by the Legislature, or surrendered by their 
stockholders, at least once in every twelve months during the 
term for which such banks are continued bodies corporate by 
law ; and the provisions of the second and third sections of the 
fourteenth chapter of the laws of the year one thousand eight 
hundred and thirty-eight, shall apply to banks whose charters 
have been or shall be so annulled or surrendered. 

Sect. 2. If any director, officer or agent of any such bank 
shall refuse without justifiable cause to appear and testify con- 
cerning the affairs, transactions and condition of said bank when 
thereto requested by either of the commissioners aforesaid, or 
shall in any way obstruct such commissioner in the discharge of 
his duty as prescribed by this act, or if upon examination of any 
such bank, a majority of said commissioners shall be of opinion 



1 839. Chap. 27—29. 1 1 

that its condition is such, or that its affairs are conducted in such 
a manner as to render its further progress in tlie nianjigement of 
its concerns hazardous to the public, or to those having funds in 
its custody, or that said bank lias exceeded the powers remain- 
ing to it after its charter has been annulled or surrendered as 
aforesaid, or has failed to comply with all the rules, restrictions 
and conditions provided by law for such banks, said commis- 
sioners may adopt the same proceedings, and the suprenie court 
shall exercise the same powers in relation to such bank, as are 
set forth in the fifth section of the act aforesaid. 

Sect. 3. This act shall take effect from and after its pas- When to take 
sage. [Feb. 21, 1839.] ^^"'='- 

An Act concerning the Office of Attorney General. C/lCtJ). 28» 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. His excellency the governor, by and with the Attorney gen- 
advice and consent of the council, is hereby authorized, on the ce?vraciJances 
representation of the attorney general, to draw his warrant on for comingent 
the treasury for the contingent expenses of any civil actions or cmrsuU*s"*^to 
suits at law, in which the Commonwealth may be a party, or be accounted 
have an interest, not exceeding the sum of lliree hundred dollars ^°'^y^^'^^y- 
in any one year, for which sum he shall be held annually, in the 
month of October, to account to the governor and council, and 
he shall state the amount of the sums so expended, in his annual 
report to the Legislature. 

Sect. 2. It shall be the duty of the attorney general, when- Toladvise with 
ever required by the treasurer and receiver general of the Com- ^f'^}!!!\°!!!l?* 
monweallh, the secretary, adjutant general, or board of bank tions in iheir 
commissioners, to consult and advise with them respectively on a!!d^lakeciia7e 
any questions of law that may arise in the course of their official of processes in- 
business, and to take charge of and conduct before the supreme commissioners'' 
judicial court, or any judge thereof, all processes that shall be 
instituted by said bank commissioners, or any one of them. 

Sect. 3. This act shall be in force from and after its pas- when to take 
sage. [Feb. 21, 1839.] ^^'"''- 

An Act to incorporate the Essex Marine Insurance Company. C^hftn 29 

BF it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. John Porter, Benjamin W. Hale, and Isaac H. Persons incor- 
Boardman, their associates and successors, are hereby made a P°^^'®'^- 
corporation, by the name of the Essex Marine Insurance Com- 
pany, for the term of twenty years after the |)assing of this act, 
to be established in the town of Newburyport, for the pm-pose of 
making maritime loans and insurance against maritime losses, in 
the customary manner ; with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth in 
the thirty-seventh and forty-fourth chapters of the Revised 



12 1 839. Chap. 29—3 1 . 

Statutes, and in the thirty-fifth and one hundred and seventy- 
eighth chapters of the laws of the year one thousand eight hun- 
dred and thirty-eight. 

Estate. Sect. 2. The said corporation may hold any estate, real or 

personal, for the use of said company : provided, that the real 
estate shall not exceed the value of ten thousand dollars, except- 
ing such as may he taken for debt, or held as collateral security 
for money due said company. 

Capital slock. Sect. 3. The Capital stock of said company shall be fifty 

thousand dollars, with liberty to increase the same to one hun- 
dred thousand dollars, and shall be divided into shares of one 
hundred dollars each, and shall be collected and paid in, in such 
instalments and under such penalties as the president and direc- 
tors of said company shall direct. 

No risk to ex- Sect. 4. Said company shall not take on any one risk, a 

ceed 8 per cent, gum exceeding eight per cent, of their capital stock. [Fe6. 21, 

of stock. jg^g-| 

ChCLV' 30. ■'^" ^^"^ regulating Appeals of persons adjudged to be Common and Notorious 
^ ' ' Thieves. 

HE it enacted by the Senate and House of Representatives , 

in General Court assembled, and by the authority of the same, 

as follows : 

Persons con- Every person who shall be convicted upon indictments, at the 

victed at the same term of any court of common pleas, or of the municipal 

same term, ot ri-r-n -i --i 

three or more court 01 the City 01 lioston, either as principal, or as accessory 

'entencwi 10*^ before the fact, in three or more distinct larcenies, and shall 

more than five thereupon be deemed and adjudged to be a conmion and noto- 

years' impris- j-ious thief, and shall be sentenced upon such convictions and 

onment, may ,.,..' . . . , ' . , ^ 

appeal to su- adjudication, to imprisonment in the state prison, or any house or 
preme court. correction, for a term exceeding five years, may appeal from 
such sentence to the next supreme judicial court, to be holden 
in and for the same county, in the same manner and upon the 
same conditions ; and such proceedings shall thereupon be had, 
as are set forth in the fifth section of the one hundred and thirty- 
eighth chapter of the Revised Statutes ; and on such appeal, each 
indictment shall severally stand for trial, in said supreme judicial 
court ; and no appeal shall be allowed from such convictions 
and adjudication, unless the sentence thereon be for a term of 
imprisonment more than five years ; any law to the contrary not- 
withstanding. [Feb. 21, 1839.] 

C^hnn SI ^" ^^^ ^°^ ''^^ punishment of Shop-Breaking in certain cases. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Punishment for Every person, who shall break and enter in the night time, any 

breakmg, &.C. office, sliop or ware-housc, adioining to, or occupied with a 

in the night, , n- • ' ... "^ • i • r i 

shops, &c. ad- dvvelling-house, with intent to commit the crime oi murder, rape, 

joining dwei- robbery, larceny, or any other felony, shall be punished by im- 

witTi intent to prisoument in the state prison not more than twenty years. 

■ "' [Feb. 21, 1839.] 



commit a felo- 
ny 



1839. Chap. 32—35. 13 

An Act to incorporate the Linseed Oil Company. ClldJ), 32« 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Tasker H. Swett, Samuel x^ustin, Jr., and Gil- Persons incor- 
nian Stanley, their associates and successors, are hereby made ^°'^^*' ' 
a corporation, by the name of the Linseed Oil Company, for 
the purpose of manufacturing linseed and other vegetable oils, in 
the town of Charlestown in the county of Middlesex, and for this 
purpose shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth in the thir- 
ty-eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes Estate, 
aforesaid, real estate to the amount of twenty-five thousand dol- 
lars, and the whole capital stock of said corporation shall not 
exceed the sum of one hundred thousand dollars. [_Feh. 22, 
1839.] 

An Act to incorporate the Proprietors of John Street Church, in Lowell. i^llCfp, OO, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. John Aiken, Royal Southvvick and Jesse Fox, Persons incor- 
their associates and successors, are hereby made a corporation, P°''^*^ • 
by the name of the Proprietors of John Street Church in Low- 
ell, with all the powers and privileges, and subject to all the du- 
ties, restrictions and liabilities set forth in the twentieth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal es- Estate, 
tate, exclusive of their meeting-house and lot, the annual income 
of w'hich shall not exceed two thousand dollars : provided, the 
same be applied exclusively to parochial purposes. \_Feh. 22, 
1839.] 

An Act in addition to an Act to incorporate the Atlas Lisurance Company. \yllUjJ, • 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

The number of directors of said company shall be not less ^°' '^^* **'^° 

, . t rr- I • • r "'"c "Of 'Tiore 

than nine, nor more than ntteen ; and any provision ol any ex- than fifteen di- 
isting law inconsistent with this act is hereby repealed. [March ""cciors. 
1, 1839.] 

An Act in addition to an Act to incorporate the Massachusetts Hospital Life Insur- /^7,^,„ <5K 
ance Company. L.fUlJJ, OD. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

The Massachusetts Hospital Life Insurance Company may, investments 
from time to tiiTic, invest their capital stock, and the moneys i^",-^nfr(|^d ^ 
held by them in trust, for life or shorter periods, or any part stocks, &c. 
thereof, in the purchase of rail-road stocks ; and may make loans 
to the several cities and towns in the Commonwealth, and also, 



14 



1839.- 



Chap. 35—37. 



Chap. SQ. 



Corporation 
coniinued for 
fourteen years, 
after which 
bridge to revert 
to the state. 



to Other corporations or individuals upon the security of rail- 
road, manufacturing, or other corporate stocks within this Com- 
monwealth, as shall, in their discretion, be deemed for the safety 
and welfare of the said company ; said loans not to exceed in 
amount, one third of the capital stock actually paid in to any one 
corporation. [JJfarc/i 4, 1839.] 

An Act in addition to an Act concerning Dighton and Berkley Bridge. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Proprietors of Dighton and Berkley Bridge, 
in the county of Bristol, shall continue to be a corporation for 
and during the term of fourteen years from and after the first day 
of November, in the year one thousand eight hundred and forty- 
one, with the right of taking toll, and all the other rights and 
powers, and subject to all the provisions of their act of incorpo- 
ration to which this act is in addition ; and at the expiration of 
said term of fourteen years, said Dighton and Berkley Bridge 
shall revert to, and become the property of the Commonwealth, 
and shall be surrendered by said proprietors in good repair ; and 
the said proprietors shall be discharged from all further duties, 
liabilities and obligations in regard to the care, maintenance and 
repair of said bridge : provided, hoicever, that from and after the 
passage of this act, the tolls heretofore granted and established 
by law, shall be so far reduced, that the toll for a foot passenger 
shall be two cents, and for each horse and chaise twelve and a 
half cents. 

Sect. 2. The county commissioners for the county of 
Bristol shall, in the month of November, in the year one thousand 
eight hundred and forty-one, or sooner, if application shall be 
made to them by said proprietors for that purpose, after due no- 
lice, view the draw in said bridge, and if, on such view, they 
shall determine that any alterations in said draw are necessary for 
the safe and convenient passing of vessels, they shall prescribe 
and direct the form and construction of the same ; and said propri- 
etors shall in a reasonable time thereafter, to be fixed by said com- 
missioners, make said alterations agreeably to such directions, and 
to the acceptance of said commissioners or a major part of them. 

Sect. 3. So much of the act to which this is in addition, as 
is incompatible with the provisions of this act, is hereby repeal- 
ed. [March 4, 1839.] 

Chap» 37. ■'^" ^^''^ '° enlarge the Powers and increase the Capital Stock of the Chicopee Falls 
-* Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Chicopee Falls Company are hereby authorized to man- 
ufacture hardware and fire-arms, and to hold, in addition to their 
present capital, real estate of the value of twenty-five thousand 
dollars, and personal estate to the amount of one hundred thou- 
sand dollars. [JUarch 7, 1839.] 



Proviso. 



Draw to be al- 
tered if county 
commissioners 
require it. 



May manufac- 
ture hardware, 
Sic. 



1839. Chap. 38—41. 15 

An Act to increase the Capital Stock of the Hamilton Woollen Company. ChdJ), 38. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Hamilton Woollen Company, in addition to their present May hold more 
capital, may hold real estate to tlie amount of one hundred thou- sonare^trteV 
sand dollars, and personal estate to the amount of two hundred 
thousand dollars. [JIfarc/i 7, 1839.] 

An Act to incorporate the Davis Point Factory. dlClV. 39. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloios : 

Sect. 1. Benjamin F. Copeland, Edward King and Thorn- Persons incor- 
as Simmons, their associates and successors, are hereby made a poi'ated. 
corporation, by the name of the Davis Point Factory, for the 
purpose of making whiting, bleaching, and other salts, acids, and 
other chemical preparations, in the town of Roxbury, in the 
county of Norfolk, with all the powers and privileges, and sub- 
ject to all the duties, restrictions and liabilities, set forth in the 
ihirty-eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes Estate, 
aforesaid, real estate to the amount of twenty-five thousand dol- 
lars, and the whole capital stock of said corporation shall not ex- 
ceed one hundred thousand dollars. [March 7, 1839.] 

An Act to incorporate the Salem Mechanic Hall Corporation. CKctp. ^O. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. William Sutton, John Russell, Thomas Needham Persons incor- 
and Perley Putnam, their associates and successors, are hereby P"'^'^^- 
made a corporation, by the name of the Salem Mechanic Hall 
Corporation, in Salem, in the county of Essex, with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The said corporation may hold real estate to the Estate, 
amount of thirty thousand dollars, for the erection of a hall and 
other buildings, for the accommodation of public assemblies, 
and for other purposes. [March 7, 1839.] 

An Act to incorporate the Amherst Silk Association. f^hnn Al 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloios : 

Sect. 1. Nelson Rust, Oliver M. Clapp and Matthew Por- Persons incor- 
ter, their associates and successors, are hereby made a manufac- P°''^'^*^- 
turing corporation, for the purpose of manufacturing silk, in the 
town of Amherst, in the county of Hampshire, with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 



16 



1839.- 



•Chap. 41—42. 



Estate. 



Chap. 42. 



Time of open- 
ing meetings, 
and manner of 
balloting. 



Warrant to 
state time of 
opening polls : 
how long polls 
shall be open. 



Provisions 
when more 
than one repre- 
sentative is to 
be chosen. 



Provisions as to 
correcting lists 
of voters. 



Votes not to be 
folded ; lists of 
voters to be 
checked. 



Penally for neg- 
lect of select- 
men, &c. 



Sect. 2. The said corporation may hold, for the purpose 
aforesaid, real estate to the amount of ten thousand dollars, and 
the whole capital stock of said corj)oration shall not exceed 
twenty thousand dollars. \J\Iarch 7, 1839. J 

An Act concerning Elections. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. All meetings for the election of governor, lieuten- 
ant governor, senators and representatives of the Commonwealth, 
electors of president and vice president of the United States, or 
of representatives to Congress, shall be opened as early as two 
o'clock in the afternoon of the day of election ; and it shall be 
lawful for all said officers to be voted for on one ballot, or at the 
same time on separate ballots. 

Sect. 2. The warrant for notifying any such meeting shall 
specify the time or times when the polls for the choice of the 
several officers shall be opened ; and the same shall be kept 
open at least two hours, and for such longer time as a majority of 
the voters present shall by vote direct : but the polls at all such 
elections shall be closed by sunset of the same day. 

Sect. 3. When a town, having a right to choose, and voting 
to choose more than one representative to the general court, 
shall elect to choose them separately ; the provisions contained 
in the preceding section, prescribing the time of opening and 
closing the polls, shall apply only to the choice of the first rep- 
resentative to be thus chosen ; and in any case of balloting for a 
representative to the general court, if no person is elected on the 
first ballot, the said provisions shall not apply to any subsequent 
balloting for such representative on the same day : provided, 
that the poll shall be closed by sunset. 

Sect. 4. Selectmen at their meetings for correcting the lists 
of voters, as provided in the sixth and seventh sections of the 
third chapter of the Revised Statutes, shall revise and correct 
such lists, and shall place thereon the name of any person known 
to them, or shewn to be qualified to vote in such elections, and 
shall erase therefrom the name of any person known to them, or 
shewn not to be qualified to vote therein. 

Sect. 5. No vote shall be received by the officers presid- 
ing at any such election, or at any election for selectmen and 
town clerk of any town, or for mayor, aldermen or common 
council of any city, unless the same be presented for deposit in 
the ballot box, open and unfolded ; nor shall any such vote be so 
received, until the name of the })erson oflering the same, shall 
have been found upon the list and checked by the presiding offi- 
cers, or by some one appointed by them therefor. 

Sect. G. If any selectman or other town or city officer, 
shall wilfully neglect or refuse to perform any of the duties re- 
quired of him by the third chapter of the Revised Statutes, or 
by the j)rovisions of this act, he shall forfeit a sum not exceeding 
two hundred dollars. 



1839. Chap. 42—46. 17 

Sect. 7. This act shall take effect from and after its pas- When to take 



sage. [March 9, 1839.] ^^^"- 

An Act to annex part of Easlliain to Orleans. K^llCip, 43. 

BE it enacted by the Senate and House of Representatives y 
in General Court assembled, and by the authority of the same, 
as folloxDs : 

Sect. 1. All that part of the town of Eastham, in the county Boundaries of 
of Barnstable, with the inhabitants living thereon, which lies otr. ^"' °^^ ^^ 
within the following bounds, viz. beginning at the easterly part 
of Rock Harbor river, where the line between the two towns 
crosses said river ; thence running southwesterly on the line 
between the two towns, to a stone bound by the road ; thence 
running northwesterly on the line of the towns to a rock in the 
edge of said river ; and thence running northeasterly and easterly, 
as said river runs, to the bounds first mentioned — is hereby an- 
nexed to, and made part of, the town of Orleans, in said county 
of Barnstable. 

Sect. 2. This act shall take effect from and after its pas- When to take 
sage. [March 9, 1839.] ^ ^''* 

An Act to dissolve the Stoiighton Turnpike Corporation. CllCLp* 44. 

BK it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Stoughton Turnpike Corporation is hereby dissolved ; Corporation 

. , ^ . • 'f 1-1 1 r II 1- 1 •!• dissolved and 

and said corporation is lorever discharged irom all liability to discharged 
maintain and keep in repair said turnpike road ; any thing in the '"''o"' liabilities 

r • ■ J 1 . . .1 • J • V.1 'o keep road m 

act of incorporation, passed June twenty -third, in the year one repair, 
thousand eight hundred and six, and in the act allowing further 
time to the Stoughton Turnpike Corporation to complete their 
road, passed June nineteenth, in the year one thousand eight 
hundred and eleven, to the contrary notwithstanding. [March 
9, 1839.] 

An Act to authorize Nathan Slade to extend a wharf in the town of Somerset. Ch(Xp> 45. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

Nathan Slade is hereby authorized to extend a wharf near Limits of the 
Slade's Point, in the town of Somerset, into Taunton River, until "" ^^ " 
the end thereof shall be in sixteen feet water : provided, that the 
whole length of such wharf shall not exceed two hundred and 
sixly-three feet, and that this grant shall in no wise interfere with 
the legal rights of any person whatever. [March 11, 1839.] 

An Act in addition to an Act incorporating the city of Salem. ChctV. 46. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The city council shall have authority to cause City council 
drains and common sewers to he laid down through any streets S^-amTto^beiaid. 

O 



18 1839. Chap. 46—48. 

or private lands, paying ilie owners thereof such damage as they 
may sustain thereby, and to require all persons to pay a reason- 
able sum for the privilege of opening any drain into said public 
drain or common sewer. 
Mayor may Sect. 2. In all cases of ballot in convention of the two 

ballot" ■'"'"' boards of the city council, the mayor may vote. 
Revised Stat- Sect. 3. The nineteenth section of the eighteenth chapter 
utes modifiod as p j[-,g Revised Statutes shall be so far modified, in respect to 

reipecis pay- , • r c^ ^ ii c r \ 

meni to engine- the City oi tealeiu, as that the account oi payments irom the 
men, &c. inSa- j,jj^. {peasury to enginemen and members of the fire department, 
may be kept and settled for the year ending the first day of 
April instead of May. 
Council may Sect. 4. The city council may make by-laws, with suitable 

vey" &c oTfuc], penalties, for the inspection, survey, admeasureinent and sale of 
brought in by wood, coal and bark for fuel, brought by water into the city for 
sale, and may provide for the appointment of surveyors, inspec- 
tors and other officers, and establish their fees of office. 
This act to be Sect. 5. This act shall be void, unless the inhabitants of 

submitted to • i • i • it i ^ i i ii i 

the people. said City, at a general meeting called lor tliat purpose, siiall by 
written votes accept the same, within twenty days from it pas- 
sage. 
Revised Stat- Sect. G. The fifth section of the third chapter of the Re- 
regard to lists vised Statutes shall not be construed as binding upon the city of 
of voters. Salem ; but, in lieu thereof, the mayor and aldermen shall, at 

least seven days before every election, cause a list of all ilie voters, 
arranged in their respective wards, to be posted up in the city 
hall, or in some other public place, within the city. [Jllarch 
11, 1839.] 

Chcti) 47. •'^" ^*^^ '"' addition to an Act to incorporate the Mutual Fire Insurance Company in 
-* ' Saiem. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Policy to create That cvery policv made by said coi-poration, shall of itself 

a lien on prop- ,. •' ^ , •' . -i, , • . , . 

erty insured to Create a hen on the mterest ot the person insured, in any per- 
a certain ex- sonal property thereby insured, for securing the payment of his 
deposite note, and of any sums for which he may be assessed in 
consequence of effecting such policy : provided, the extent of 
such liability, and the intention of the corporation to rely upon 
such lien, shall be set forth in the policy ; and that uj)on the ex- 
piration of the policy, or upon the alienation of the property to 
a bona fide purchaser, the lien shall cease, unless such policy 
shall be continued in force by consent of the purchaser. [AJarch 
II, 1839.] 

CJlCLT) 48 ■'^" ^'^^ '" alter the Dividing Line between Franklin and Medway. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as folloivs : 

Boundaries of Sect. 1. A part of the dividing line between the towns of 

territory set off. Franklin and Medway is hereby altered and established, as fol- 



1839. Chap. 48—30. 19 

lows : beginning at the south end of Wilson's upper dam, so 
called, on Charles river, and running south sixty-seven degrees 
thirty minutes east, in a straight line, to a marked white oak tree, 
standing on the southerly bank of said river ; and all that part of 
Franklin which lies northerly of said line, and between it and 
said river, shall hereafter belong to INIedway. 

Sect. 2. This act shall take effect from and after its pas- Act to take im- 

,, , „ -, '■ mediate effect. 

sage. \_J\larch 13, 1839.] 



An Act to aiuliorize Henry Van Voorhis to erect a Dam across Mill Creek, so called, QJiap, 49. 
in ilie south part of the town of Maiden. -* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Henry Van Voorhis, of Maiden, in the county of Dam to be near 

nr- 1 II 1.1. • I 1 1 • J , the site of a 

Middlesex, his heirs or assigns, are hereby authorized to erect a former mill, 
dam across Mill Creek, so called, in the south part of the said 
town of Maiden, at or near the former site of the old mill, for 
the purpose of erecting a tide mill or mills, to be used for grind- 
ing and sawing, and for other purposes. 

Sect. 2. Nothing herein contained shall authorize said Van Proviso. 
Voorhis to appropriate for said dam the property or lands of 
others, excepting in the manner now provided by law. \^J)'larch 
13, 1839.] 

An Act concerning- the Sinking- Fund of the Western Hail -road Corporation. ChctV. 50. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The treasurer of the Commonwealth, and the Commissioners, 
treasurer of the Western Rail-road Corporation, for the time 
bein?, shall be commissioners of the sinking; fund of the Western 
Rail-road Corporation. 

Sect. 2. The said commissioners shall have the care and Uninvested 

r ,1 , r 1 1 • • . .• moneys, &-., 

management of all the moneys, lunds, and securities, at any time by whom kept, 
belonging to said sinking fund ; but the moneys uninvested, and 
all the securities of said fund, shall be in the custody of the 
treasurer of the Commonwealth. 

Sect. 3. Said commissioners shall, from time to time, at Moneys, how 
their discretion, invest the moneys on hand, securely, and so "'^'e^^'ed. 
that they shall be productive ; and the same may be loaned on 
interest, to any county, city or town, or any bank in this Com- 
monwealth, or they may be loaned on interest, well secured by 
mortgage of real estate, or by pledge of stocks of the Ignited 
States, or of this State, or of the city of Boston, or of the 
stocks of any rail-road corporation in this State, whose road is 
completed, and wliose original capital has been wholly paid in, 
and whose road and property are unincumbered. And said 
commissioners shall loan at least one third of said fund, on secu- 
rity, by mortgage of real estate, to an amount, in each case, not 
exceeding two thirds of the value of the estate. And they may 
invest a part of said fund in tlie purchase of any of the stocks 



20 



1839.- 



■Chap. 50—62. 



Proviso in re- 
gard to invest- 
ment in rail- 
road slock. 



Commissioners 
to report annu- 
ally to Legisla- 
ture. 



Act to go into 
immediate ope- 
ration. 

Chap. 51. 



Persons incor- 
porated. 



Estate. 



Chap, 52. 



Persons incor- 
porated. 



Estate. 



aforesaid : provided^ that not more than twenty per cent, thereof 
shall, at any one time, be so invested in said rail-ioad stock, and 
not more than seven per cent, thereof in the stock of any one of 
said rail-road corporations. And they may sell and transfer any 
stocks or securities belonging to said fund. 

Sect. 4. Said commissioners shall keep a true record of all 
their proceedings ; and they shall, annually, in the month of Jan- 
uary, make a report to the Legislature, setting forth their pro- 
ceedings for the year preceding, the amount and condition of 
said fund, and the income of the several parts thereof for the 
year; and the said record, and the securities of said fund, and 
the books of accounts belonging thereto, shall at all times be 
open to the inspection of the governor and council, or of any 
committee of the Legislature. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [March 13, 1839.] 

An Act to incorporate the Proprietors of the Townsend West Village Female Semi- 
nary. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Jonathan Richardson, Levi Warren, Jacob San- 
ders, their associates and successors, are hereby made a corpo- 
ration, by the name of the Proprietois of the Townsend West 
Village Female Seminary in Townsend, in the county of Mid- 
dlesex, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and personal 
estate to the amount of twenty thousand dollars, to be devoted 
exclusively to purposes of education. [JWarch 13, 1839.] 

An Act to incorporate the Jones and Woods Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Marshall S. Jones, Leonard Woods, and Josiah 
B. Woods, their associates and successors, are hereby made a 
corporation by the name of the Jones and Woods Manufacturing 
Company, for the purpose of manufacturing cotton and woollen 
cards and machinery in the town of Enfield, in the county of 
Hampshire, with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities set forth in the thirty-eishth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- 
said, real estate to the amount of ten thousand dollars, and the 
whole capital stock of said corporation shall not exceed the 
amount of eighty-five thousand dollars. [March 13, 1839.] 



1839. Chap. 53—54. 21 

All Act concerning Dealers in Second-hand Articles. CllCtJ}, 53. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The mayor and aldermen of any city, and the se- Licenses may 
lectmen of any town, may license such persons as they deem suit- jgaf'^n"^^^' g^jj 
able to be keepers of shops for the purchase, sale, or barter of second-hand ar- 
junk, old metals, or of any second-hand articles, and to be deal- "'^'^^• 
ers therein. 

Sect. 2. The licenses to such persons shall designate the place of deal- 
place where the business is to be carried on, and contain such '"S^obe desig- 

*^ ,. . . . . , -1111 1- naled; condi- 

conditions and restrictions as may be prescribed by the ordinan- tions and term 
ces and by-laws of the city or town wherein the same are grant- o^'ceuse. 
ed, and shall continue in force for one year, unless sooner re- 
voked. 

Sect. 3. No person, unless licensed as aforesaid, shall keep Penalty for 
any shop for the purchase, sale, or barter of the articles afore- arttcief without 
said, or be a dealer therein ; nor shall any person, so licensed, license, or at 
keep such shop, or be a dealer in said articles in any other place signaled?' ^^' 
or manner than as is designated in his license, or after notice to 
him that said license has been revoked, under the penalty of a 
sum not exceeding twenty dollars for every offence, to be recov- 
ered by complaint in any police court, or by indictment in any 
court of record in the county where such offence may be com- 
mitted. 

Sect. 4. The city council of any city may suspend or dis- city council 
pense with the provisions of this act so far as the same apply to "|^,f/j,c"^.''a"f 
such city : provided, that no offence committed and no penalty not to take ef- 
incurred before such suspension shall take effect, shall be affect- feet in towns 

III 11 • • <- 1 • 1 ii I ""'■' adopted in 

ecI thereby ; and the provisions ol this act shall not extend to town meeting, 
any town unless the inhabitants thereof shall, at a legal meeting, 
adopt the same. [March 16, 1839.] 

An Act concerning Riots. l^ilCtp. 04. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The sixth section of the one hundred and twenty- Provisions of 
ninth chapter of the Revised Statutes shall be applicable to [°|j'^^j ''^"' *'''■ 
proceedings had, and cases arising under the provisions of the 
fourth and fifth sections of said chapter, or of either of them. 

Sect. 2. Whenever any {property, of the value of fifty dol- Towns and 
lars or more, shall be destroyed, or be injured to that amount, thrTe fountis of 
by any persons to the number of twelve or more, riotously, the value of 
routously, or tumultuously assembled, the city or town wiihin ^t'r^.^xd^orln- 
which said property was situated, shall be liable to indemnify the jured by rioters, 
owner thereof to the amount of three fourths of the value of the 
j)roperty so destroyed, or the atnount of such injury thereto ; to 
be recovered in an action of the case in any court proper to try 
the same : provided, the owner of such property shall use all 
reasonable diligence to prevent its destruction, or injury, by such 



22 1839. Chap. 54—56. 

unlawful assembly, and to procure the conviction of the offend- 
ers. 
And after pay- Sect. 3. Any city or tovvn which shall pay any sum under 
ment, may re- ([^q provisions of the preceding section, may recover the same 
amount of any against any or all of the persons who shall have destroyed or in- 
or all the offend- jure d such property. [March 16, 1839.] 

C^hllY) ^^ ■^" ^^^ '° change the Name of the Norton Female Seminary. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as follows : 
New name. Sect. 1. The Norton Female Seminary shall be hereafter 

known and called by the name of the Wheaton Female Sem- 
inary. 
May hold addi- Sect. 2. The Said corporation may hold real estate to the 
tionai estate. amount of twenty thousand dollars, and personal estate to the 
amount of twenty thousand dollars, in addition to the amount they 
are now authorized to hold, to be devoted exclusively to the 
purposes of education. [March IG, 1839.] 

ChctVt SGt •^'^ ^^^^ concerning Schools. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
School to be Sect. 1. In cvcry town in this Commonwealth, there shall 

Sieryt^wn'r ^® ^^®P^' '" ^^^^^ ^'®^'"' ^^ ^^^^ cliarge of the tovvn, by a teacher or 
provision for fe- teacliers of Competent ability, and good morals, one school for 
male assistants. ^[^^ ii^gtruciion of children in orthography, reading, writing, En- 
glish grammar, geography, aridimetic, and good behavior, for the 
term of six months, or two or more such schools for terms of 
time which shall together be equivalent to six months ; and in 
every school in this Commonwealth containing fifty scholars as 
the average number, the school district or town to which such 
school belongs shall be required to employ a female assistant or 
assistants, unless such school district or town shall, at a meeting 
regularly called for that purpose, vote to dispense with the same. 
Provision for Sect. 2. Any two or more contiguous school districts may 

union districts, aggociate together and form a union district, for the purpose of 
maintaining a union school, to be kept for the benefit of the 
older children of such associated districts, if the inhabitants of 
each of said districts shall, at legal meetings called for that pur- 
pose, agree to form such union by a vote of two thirds of the 
legal voters of each district present and voting therein. 
Appropriation Sect. 3. The income of the Massachusetts school fund, 

of income of , /. i i i i /• in • i , 

school fund ; cxcept tiio suui 01 two hundred and lorty dollars appropriated to 
school commit- the support of common schools among the Indians, shall be ap- 

tees to certify ,• i i i i . i • i i i 

iiuuiber of pu- portioned by the secretary and treasurer, and paid over by the 
piis, sums raised treasurer, on the fifteenth of January, in each year, to the mayors 
y owns, c. ^^^^ aldermen of the several cities, and to the selectmen of the 
several towns, for the use of the common schools therein, ac- 
cording to the number of persons in such cities and towns, be- 
tween the ages of four and sixteen years ; and said persons shall 



1839. Chap. 56. 23 

be enumerated and ascertained in the following manner, to wit : 
the school committee of each town shall, annually in the month 
of May, ascertain, from actual examination or otherwise, the 
number of persons between the ages of four and sixteen years, 
belonging to such town on the first day of said May, and shall 
make a certificate thereof, and also of the sum raised by the 
town for the support of schools, including only fuel, wages, and 
board of teachers, during the current year, and shall transmit 
the same to the secretary of the Comirionweallh, at such time as 
may be prescribed by the board of education ; which certificate 
shall be in the following form, to wit: 

We, the school committee of , do certify, from 

the best information we have been able to obtain, that on the first 
day of May, in the year , there 

were belonging to said town the number of persons, 

between the ages of four and sixteen years ; and we further cer- 
tify, that said town has raised the sum of dollars, for 
the support of common schools for the current year, including 
only the wages and board of teachers, and fuel for the schools. 

> School Committee. 



ss. 



On this day of , personally appeared the 

above-named school committee of the town of , and 

made oath that the above certificate by them subscribed is true. 

Before me. 

Justice of the Peace. 

Provided, that no such apportionment shall be made to any 
town which shall have failed for the year next preceding the 
time of such apportionment, to make the school returns and re- 
ports, required by law, or which shall have Aiiled to raise by 
taxation, for the support of schools, including only fuel, wages, 
and board of teachers, during the current year, a sum equal at 
least to one dollar and twenty-five cents for each person, 
between the ages of four and sixteen years, belonging to said 
town, on the first day of the preceding May, or shall have failed 
to make return of the certificate as herein above provided. 

Sect. 4. The income of the Massachusetts school fund Payment of in- 
from the first day of December, one thousand eight hundred f„„d ^r isss 
and thirty-seven, to the fifteenth day of January, one thou- and 1839. 
sand eight hundred and thirty-nine, shall be apportioned and 
paid over on the first day of June next, to the several cities and 
towns which shall have made the returns required by this act, 
and shall have raised the sums of money required by the twenty- 
third chapier of the Revised Statutes. 

Sect. 5. The first section of the statutes of the year one Repeal of for- 
thousand eight hundred and thirty-eight, chapter one hundred ""^^ '^"'' 
and eighty-nine, so far as the same is inconsistent with this act, 
is hereby repealed. [March 18, 1839.] 



24 



1839.- 



•Chap. 57—60. 



Chap, bl. 



Persons incor- 
porated. 



Estate. 



Chap. 58. 



Persons incor- 
porated. 



Estate. 



Chap. 59, 



Bounty on co- 
coons increas- 
ed. 



Bounty for 
throwing silk 
discontinued. 



Chap. 60. 



Power given to 
the supreme 
court to issue 
injunction, &c., 
to prevent, &lc. 
violation of for- 
mer law. 



An Act to incorporate the Boston Society for Medical Improvement. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John Ware, Jacob Bigelow, and Enoch Hale, 
their associates and successors, are hereby made a corporation, 
by the name of the Boston Society for Medical Improvement, for 
the pin-pose of improvement in the different branches of medical 
science, with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal es- 
tate, the annual income of which shall not exceed five thousand 
dollars, to be applied exclusively to the purpose aforesaid. 
[March 20, 1839.] 

An Act to incorporate the Charlestown Mechanic Union Charitable Association. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
diS follows : 

Sect. 1. Richard C. Bazen, Samuel Brintnall, William 
D. Butts, their associates and successors, are hereby made a 
corporation, by the name of the Charlestown Mechanic Union 
Charitable Association, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal es- 
tate, not exceeding in amount fifteen thousand dollars, to be de- 
voted exclusively to charitable purposes. [J\Iarch 20, 1839.] 

An Act in addition to an Act for the encouragement of the Culture of Silk. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. There shall be allowed and paid, during the contin- 
uance of the act to which this is in addition, for every ten pounds 
weight of cocoons of silk, the produce of silk worms raised with- 
in tliis Commonwealth, the sum of one dollar and fifty cents, and 
in the same proportion for any larger quantity of cocoons instead 
of the sum of one dollar as now provided by law. 

Sect. 2. So much of the act to which this is in addition, as 
jirovides for the payment of a bounty for the throwing of silk, is 
hereby repealed. [March 21, 1839. J 

An Act concerning the Surplus Revenue of the United States. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. When any city or town shall have received any 
portion of the surplus revenue of the United States, under the 
provisions of the eighty-fifth chapter of the Revised Statutes, of 
the year one thousand eight hundred and thirty-seven, the sii- 



1839. Chap. 60—63. 25 

preme judicial court shall have power, on the suit or petition of 
any inhabitant of such city or town, to hear and determine in 
equity all cases of alleged violations of the provisions of the 
fourth section of said chapter ; and any judge of said court may, 
as well in vacation as in term time, issue an injunction, and make 
all such orders and decrees as may be necessary or proper to 
restrain or prevent any violation of the provisions of said section : 
and no order or decree of said court, or of any judge thereof, 
heretofore made in any such case as is above contemplated, shall 
be discharged or invalidated on account of want of jurisdiction in 
said court or judge, but all said orders and decrees are hereby 
confirmed. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [March 21, 1839.] 

An Act to increase the Capital Stock of the Berkshire Woollen Company. K^IKXp, O 1 . 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Berkshire Woollen Company may hold, in addition to Amount of ad- 
their present capital, real estate to the amount of fifty thousand ^'^'°"^' ^*'^*^- 
dollars, and personal estate to the amount of fifty thousand dol- 
lars. [March 22, 1839.] 

An Act authorizing Edward Sherman to build a Wharf in the town of Rochester. (^flCtp* \iZ* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Edward Sherman is hereby authorized to build a wharf from May build to 
his land in the harbor of Sippican, in the town of Rochester, to 'he<=h^""^'- 
the line of the channel : provided, that the same shall not impair 
the legal rights of any person. [March 22, 1839.] 

An Act to incorporate the First Freewill Baptist Society in Boston. (^llCtp> Dv5« 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Jonas W. Holman, Ebenezer T. Andrews and Persons incor- 
Enoch Plummer, their associates and successors, are hereby P°''^'^'*- 
made a corporation, by the name of the First Freewill Baptist 
Society in Boston, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, contained 
in the twentieth chapter of the Revised Statutes. 

Sect. 2. Said society shall have power to hold real and Estate, 
personal estate, to an amount not exceeding ten thousand dollars, 
exclusive of their meeting-house and the land on which it stands : 
provided, the income thereof shall be appropriated exclusively to 
parochial purposes. [March 22, 1839.] 



26 



1839.- 



-Chap. 64—66. 



Persons incor- 
porated. 



Estate. 



ChCfDm 64" ■^^ ^^^ '° incorporate the Wardens, Vestry and Proprietors of St. James Church, 
* * * in Amesbury. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the sa^ne, 
as follows : 

Sect. 1. Moses Carter, Stephen Webster, and Levi Stone, 
their associates and successors, are hereby incorporated by the 
name of the Wardens, Vestry and Proprietors of St. James 
Church, in Amesbury, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth in 
the twentieth chapter of the Revised Statutes. 

Sect. 2. Said church may hold real and personal estate to 
an amount not exceeding ten thousand dollars, exclusive of their 
meeting-house and the land on which it stands, the income of 
which shall be appropriated exclusively to parochial purposes. 
[March 22, 1839.] 

An Act authorizing Barnabas B. Nye and John B. Biankinship, to build a Wharf in 
the town of Rochester. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Barnabas B. Nye and John B. Blankinship are hereby au- 
thorized to build a wharf from their land in the harbor of Sippi- 
can, in the town of Rochester, in an easterly direction to the 
line of the channel : provided, that the same shall not impair the 
legal rights of any person. [March 22, 1839.] 

An Act to incorporate ihe Sutton Reservoir Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Joseph L. Freeman, Edward Clarke, and Samuel 
Taylor, their associates and successors, are hereby made a cor- 
poration, by the name of the Sutton Reservoir Company, for 
the purpose of constructing a reservoir or reservoirs upon the 
Buxton Brook, so called, in Sutton, in the county of Worces- 
ter, and upon its several tributary streams, for the increase of 
the water power of said brook, and for the mutual benefit of the 
mills and manufacturing establishments upon said brook and its 
tributary streams, with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation are hereby authorized to make 
and construct all necessary dams, gates and trenches, and they 
may, for the purposes aforesaid, hold real estate to an amount 
not exceeding twenty-five thousand dollars, and personal estate 
to an amount not exceeding twenty thousand dollars : provided, 
that nothing in this act contained shall affect, without their con- 
sent, the rights of any persons whatsoever other than the peti- 
tioners. [March 22, IQ39.] 



Chap. 65. 



May build to 
the cliaunel. 



Chap. 66. 



Persons incor- 
porated. 



May construct 
reservoirs, &.c. 



Estate. 



1839. Chap. 67—69. 27 

An Act to incorporate the First Universalist Society in Wallham. CIlCtT). 67. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect. 1. Isaac Sanderson, Ephraim Allen, and Robert Persons incor- 
Baldwin, their associates and successors, are hereby made a cor- po^ated. 
poration, by the name of the First Universalist Society in Wal- 
tharn, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, contained in the tvveniieth 
chapter of the Revised Statutes. 

Sect. 2. Said society shall have power to hold real and Estate, 
personal estate to an amount not exceeding ten thousand dollars, 
exclusive of their meeting-house and the land on which it stands: 
provided, that the whole annual income thereof shall be appro- 
priated to parochial purposes. 

Sect. 3. Said society may assess the pews in their meet- Pews may be 
ing-house, for the support of public worship. 

Sect. 4. This act shall take effect from and after its pas- Act to take im. 

r Ti/T 7 r.-. 1 oon n mediate effect. 

sage. [March 22, 1839.] 

An Act to authorize the First Congregational Society in Dennis to sell their Lands. (JJldn. 68, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. The First Congregational Society in Dennis are Authority to 
hereby authorized to sell a part or the whole of their lands situ- "^ ' 
ate in said town, and the treasurer of said society, for the time 
being, is authorized to execute a deed or deeds for the convey- 
ance thereof. 

Sect. 2. The proceeds of such sale or sales shall be in- investmentof 
vested in such manner as said society shall direct : provided, 9'^°'^^^°^- 
the income thereof shall be appropriated to parochial purposes. 
[March 23, 1839.] 

An Act to incorporate the Wardens, Vestry and Proprietors of Christ Church in C^hnr) fiQ 

Springfield. x^* * 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. Diah Allin, Samuel Mc Nary, and Erasmus D. Persons incor- 
Beach, their associates and successors, are hereby incorporaied P"^^^® * 
by the name of the Wardens, Vestry and Proprietors of Christ 
Church in Springfield, with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth in 
the twentieth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal es- Estate, 
tate to an amount not exceeding twelve thousand dollars, ex- 
clusive of their meeting-house and the land on which it stands : 
provided, the income thereof shall be appropriated exclusively 
to religious purposes. [March 23, 1839.] 



28 



1839.- 



■Chap. 70. 



Chap. 70. 



Scrip to be is- 
sued. 



— payable in 
London. 



Redeemable in 
thirtyfyears. 



Conditions 
upon which 
scrip is to be 
dehvered to 
treasurer of rail- 
road corpora- 
tion. 



An Act to aid the Construction of the Western Rail-road. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The treasurer of the Cotnmonweahh is hereby 
authorized and directed to issue scrip or certificates of debt, in 
the name and in behalf of the Commonwealth, and under his 
signature, and the seal of the Commonwealth, for a sum not ex- 
ceeding one million two hundred thousand dollars, which may be 
expressed in the currency of Great Britain, and shall be payable 
to the bearer thereof in London, and bearing an interest of five 
per cent, per annum, payable semi-annually in London, on the 
first days of April and October, with warrants for the interest 
attached thereto, signed by the treasurer ; which scrip or certifi- 
cates shall be redeemable in London, at the end of thirty years 
from the date thereof, and in no case exceeding thirty years from 
the first day of October, in the year one thousand eight hundred 
and forty, and shall be countersigned by the governor of the 
Commonwealth, and be deemed a pledge of the faith and credit 
of the Commonwealth for the redemption thereof. And the 
treasurer of the Commonwealth shall, under the conditions here- 
inafter provided, deliver the same to the treasurer of the Western 
Rail-road Corporation, for the purpose of enabling said corpora- 
tion to complete the Western rail-road. 

Sect. 2. Whenever it shall be made to appear, to the satis- 
faction of the governor and council, that at least two thirds of 
the last instalment of the scrip authorized to be delivered to the 
treasurer of said corporation, by the act passed the twenty-first 
day of February, in the year one thousand eight hundred and 
thirty-eight, shall have been expended or appropriated, as is re- 
quired in the second section of said act, then a part of said scrip 
hereby authorized to be issued, to the amount of four hundred 
thousand dollars, shall be delivered to the treasurer of said cor- 
poration. And when the said corporation shall have laid an 
assessment of five per cent, on the capital stock owned by the 
private stockholders, to be expended on the construction of said 
road, and shall have collected seventy-five per Cent, of said as- 
sessment, amounting to the sum of seventy -five thousand dollars, 
and shall have filed a certificate thereof in the office of the 
treasurer of the Commonwealth, signed by the directors of said 
corporation, the said scrip, for a farther amount of four hundred 
thousand dollars shall be delivered to the treasurer of said cor- 
poration. And when the said corporation shall have laid a further 
assessment of five per cent, upon the capital stock of the private 
stockholders, to be expended as aforesaid, and have collected 
seventy-five per cent, thereof, such part of the residue of said 
scrip as shall, in the opinion of the governor and council, in 
addition to said assessments, be necessary to enable said corpo- 
ration to complete their road and put the same in full operation, 
shall be delivered to the treasurer of said corporation. 



1839. Chap. 70. 29 

Sect. 3. The premium or profits on the sales of said scrip, Premium on 
shall, when received, be paid to the treasurer of the Common- tahl^'amo'lin "'' 
wealth, by said corporation : and after their said road shall be annually to be 
opened for use, a sum equal to one per cent, on the amount of P^''^ '" ^'*^®* 
the scrip, (which shall be delivered to the treasurer of said corpo- 
ration by virtue hereof,) shall be annually set apart from the 
income of said road, and paid to the treasurer of the Common- 
wealth ; and the whole thereof shall be added to the sinking 
fund of said corporation, and be managed, invested, and appro- 
priated as is provided by law in relation thereto. 

Sect. 4. This act shall not take effect until said corpora- Rail-road cor- 
tion, at an annual meeting, or at a special meeting duly notified bond"fo"r c°o m-^^ 
for that purpose, shall have assented to the provisions thereof, plying with this 
and shall have executed to the Commonwealth a bond, in such ^^i^^pi'eceding 
form as the attorney general shall prescribe, conditioned that said 
corporation shall comply with the provisions of this act, and 
shall faithfully expend the proceeds of said scrip in the construc- 
tion of their road, and shall indemnify and save harmless the 
Commonwealth from all loss or inconvenience on account of said 
scrip ; and that said corporation shall well and truly pay the prin- 
cipal sum of said scrip, which may be delivered to their treasurer, 
punctually, in London, when the same shall become due and 
payable, or such part thereof as the sinking fund aforesaid may 
prove insufficient to pay, and the interest thereon semi-annually, 
in London, as the same shall fall due ; and shall also re-affirm to 
the Commonweahh, by a suitable instrument, to be prepared for 
that purpose, under the direction of the attorney general, the 
conveyance of their entire road, with its income, and all the 
franchise and property to them belonging, as a pledge or mort- 
gage to secure the performance of all the conditions of said bond : 
provided, that the Commonwealth shall not take possession of 
said pledged or mortgaged property, under and by virtue of said 
mortgage, unless for a substantial breach of some condition of 
said bond. 

Sect. 5. The Commonwealth may, at any time after this state may at 
act shall take effect, purchase of the said corporation the said ^"^ timepur- 

■\tT -I 1 1 11 1 r T • ' -1 1 chase road on 

Western rail-road, and all the franchise, property, rights and certain terms. 

privileges of said corporation, by paying them therefor such a 

sum as will reimburse them the amount of capital paid in, with a 

net profit thereon of seven per cent, per annum, from the times 

of the payment thereof by the stockholders, to the time of such 

purchase. And if, on said purchase, the Commonwealth shall 

have paid, or shall then pay or assume to pay the scrip issued by 

them by virtue of this act, or of the act passed the twenty-first 

day of February, in the year one thousand eight hundred and 

thirty-eight, or any part thereof, the amount which they shall 

have so paid, or shall pay or assume, shall not be deemed to be 

a part of the cost of the road, or of the capital paid in, for which 

the Commonwealth shall pay a net profit as above ; excepting, 

however, such part of said scrip as the said corporation shall, 

at the time of such purchase, have actually paid. 



30 



1839.- 



■Chap. 70—72. 



Four directors 
instead of three 
on the part of 
the State. 



Sect. 6. Four of the directors of said corporation shall be 
annually chosen by the Legislature, by joint ballot of the two 
houses, and the residue by the stockholders, at their annual 
meeting. [March 23, 1839.] 

An Act concerning the Old Colony Rail-road Corporation. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Old Colony Rail-road Corporation shall 
hereafter be known and called by the name of the New Bedford 
and Taunton Rail-road Corporation. 

Sect. 2. The said corporation are hereby authorized and 
empowered to change the location of their road, as provided for 
in their charter, if they think proper so to do, so that the same 
may run westerly of the dwelling-house of Noah Ashley, in 
Freetown, and westerly of Sassalomen pond and of Tarkiln 
hill, in New Bedford. 

Sect. 3. The said corporation are hereby authorized and 
empowered to construct their said road along any of the streets 
in the town of New Bedford : provided, that the assent of the 
county commissioners of Bristol, and of the inhabitants of said 
town, at a meeting called for that purpose, be previously given 
to such location. 

Sect. 4. The said corporation are hereby authorized to 
enter with their said road on the Taunton branch rail-road : 
provided, however, that the said corporation shall not enter upon 
the said Taunton branch rail-road with any motive power, unless 
the Taunton Branch Rail-road Corporation shall refuse or neg- 
lect to draw over their road the cars of the said New Bedford 
and Taunton Rail-road Corporation upon such terms and condi- 
tions as may, from time to time, be prescribed by the Legisla- 
ture. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [March 26, 1839.] 

Chap. 72. ■'^" -^^"^ ^° incorporate the Trustees of the Plymouth County Normal School. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Artemas Hale, Seth Sprague, Jr., Ichabod Mor- 
ton, Sylvanus Bourne, and Arad Thompson, their associates and 
successors, are hereby made a corporation, by the name of the 
Trustees of the Plymouth County Normal School, in the coun- 
ty of Plymouth, with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. When the said corporation shall have provided 
buildings, and the necessary appurtenances, to the satisfaction of 
the board of education, said board may occupy the premises, 
and establish and maintain a Normal school therein, and have 
the entire management and control of the same, so long as they 



Chap. 7L 



Name changed. 



Location of 
road may be 
changed. 



Road may be 
laid in streets, 
&c. 



May enter upon 
the Taunton 
branch rail- 
road. 



Act to take im- 
mediate effect. 



Persons incor- 
porated. 



Board of edu- 
cation to have 
control of build- 
ings, &c. 



1839. Chap. 72—74. 31 

shall do it without expense to said corporation, during which 
time the said corporation shall have no other authority than as 
guardians of the property belonging to them. 

Sect. 3. The treasurer of said corporation shall keep an Provision in re- 
account of all funds contributed, with the names of the contrib- fonfji'^uted^^ 
utors ; and if said school shall be discontinued, said funds, or 
the proceeds thereof, shall be divided among the contributors or 
their legal representatives, according to their respective contri- 
butions. 

Sect. 4. Said corporation may hold real and personal Estate, 
estate to an amount not exceeding thirty thousand dollars, to be 
devoted to the education of teachers. [March 26, 1839.] 

An Act concerning Actions upon Judg-ments of Justices of the Peace. f^hnn T"^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

No action founded upon any judgment rendered by any justice Time within 
of the peace prior to the first day of May, intheyear one thousand whicii actions 
eight hundred and thirty-six, shall be barred by the operation of on certain judg- 
the first section of the one hundred and twentieth chapter of the i"e"ts. 
Revised Statutes : provided, the same shall be commenced 
within two years from the passage of this act. [^March 26, 
1839.] 

An Act in further addition to an Act to aid the construction of the Eastern Rail-road. CJldf), 74. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The treasurer of the Eastern Rail-road Company Treasurer of 
is hereby authorized to return to the treasurer of the Common- the State may 

,,•',,, . .- c 1 1 • 1-1 relinquish bond 

wealtn, all the scrip or certihcates oi debt, issued in the name of the Eastern 
and in behalf of the Commonwealth, for the sum of ninety '•a'!-'''>a«i corpo- 

, 1 1 n 1 • r ,, • 1 !• • -1 ration on return 

thousand dollars, by virtue ol " an act in addition to an act to aid of scrip, &c. 
the construction of the Eastern rail-road," approved April 25, 
1838. And the said treasurer of the Commonwealth is hereby 
authorized and required to receive the same, and, when received, 
to deliver up to the treasurer of said company the bond execu- 
ted and delivered by said company, to the Commonwealth, for 
the performance of the conditions in said act mentioned, and to 
release to said company all claims and demands that the Com- 
monwealth may have against said company, under and by virtue 
of said act, or under and by virtue of any pledge or mortgage to 
the Commonwealth, made in pursuance of the provisions of 
said act : provided, that the treasurer of the Commonwealth may Proviso, 
retain the three thousand shares of the capital stock of said cor- 
poration as a pledge for the payment of all the scrip issued to 
said company : and so much of the fourth section of said act 
in addition to an act to aid the construction of the Eastern rail- 
road, as appropriates the whole net income of said road to the 
payment of said ninety thousand dollars, and all interest due 
thereon, and so much of the third section of said act as relates 
to said scrip for ninety thousand dollars, are hereby repealed. 



32 1839. Chap. 74—76. 

New scrip to be Sect. 2. On the return, as aforesaid, of said scrip for the 
issued. sum of ninety thousand dollars, the treasurer of the Common- 

wealth is hereby authorized and directed to issue scrip or certifi- 
cates of debt for the sum of ninety thousand dollars, as a part of 
the scrip authorized to be issued by an act to aid the construc- 
tion of the Eastern rail-road, and shall deliver said scrip, so 
issued, to the treasurer of said company, for the purpose of 
enabling said company to complete said road. 
Terms and Sect. 3. The treasurer of the Commonwealth is hereby 

times upon authorized and directed to deliver, to the treasurer of said corn- 
may be^ddiver- P^ny^ the scrip and certificates authorized to be issued by "an act 
edto company, to aid the Construction of the Eastern rail-road," not already de- 
livered or authorized to be delivered, at the times following, viz. 
one hundred thousand dollars thereof immediately after this act 
shall go into operation, one hundred thousand dollars thereof 
when said company shall have received from assessments on the 
stock of said company, and expended in the construction of 
their road, between Salem and Newburyport, the sum of one 
hundred thousand dollars, and the remaining ten thousand dollars 
thereof when said company shall have completed their road as 
Proviso. far as the proposed depot in Newburyport: provided, ihstt the 

treasurer of said company shall furnish evidence, satisfactory to 
the governor and council, that the conditions in this section 
mentioned have been complied with. And so much of an act 
entitled " an act to aid the construction of the Eastern rail-road," 
and of said act in addition thereto, as is contrary to the foregoing 
provisions, is hereby modified and amended, so as to conform 
hereto : and this act shall take effect from and after its passage. 
[^pril 1, 1839.] 

C/lGiJ), 1 0> ^^^ ^^"^ ^° exempt certain articles from attachment. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Provisions not Provisions, necessary and intended for the use of a family, 
atiaciiabie. ^^^ exceeding in value fifty dollars, shall be exempt from attach- 
ment. [^3pril 1, 1839.] 

ChuV 76. ■'^" ^^^ relating to Proceeding's of County Commissioners. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Commissioners Sect. 1. When the county commissioners of any county, 
tTnYe highways "po" ^ petition for discontinuing a highway, shall, upon view of 
at their meeting the premises, decide that the same ought to be discontinued, 
or a view. ^j^^^ may at the same time adjudge and determine that such high- 
way be discontinued without any further or subsequent meeting 
therefor, and may estimate the damages caused to any person 
thereby : and when a return of said proceedings and adjudica- 
tion is made at the next regular meeting of said commissioners, 
and accepted, it shall be held to be a discontinuance of such 
highway. 



1839. Chap. 76—78. 33 

Sect. 2. In all cases of proceedings by county commission- Proeeedinsrs as 
ers, under the provisions of that part of the thirty-ninth chapter colifined^o'' ii°e 
of the Revised Statutes which relates to rail-roads, and any acts limesofihereg- 
in addition thereto, the said commissioners or the chairman of the meetings of' 
board, may, at any other times than at their regular meetings commissioners, 
prescribed by law, receive petitions, and take the recognizances 
thereon, and upon such petitions, as well as upon petitions in sim- 
ilar cases entered at a regular meeting and pending before them, 
may appoint the times for hearing the parties and acting thereon, 
and may direct the proper notices to be given to persons inter- 
ested ; and the said commissioners may, in pursuance thereof, 
perform all the duties required of them by law, in relation to 
such petitions. 

Sect. 3. The said commissioners shall make return of such Such proceed- 
petitions and recognizances, with their said proceedings, at the lufne'd toMie 
regular meeting holden next after such proceedings are had ; and next regular 
the clerk of said commissioners shall enter the same of record, "'^®""^' *^° 
and the same shall be proceeded upon in the same manner, and 
the said recognizances and proceedings shall have the same 
force and effect, as if the said proceedings had originated and 
been had at any regular meeting of said commissioners. l*Bpril 
1, 1839.] 

An Act to anthorize the Proprietors of T Wharf to extend the same. l^flCtJ), / / . 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of T wharf, in the city of Boston, are here- Wharfmaybe 
by authorized and empowered to extend their said wharf towards {^"''^^""VP ^ 
the channel to the line established by the second section of the previous act. 
two hundred and twenty-ninth chapter of the laws of the year 
one thousand eight hundred and thirty-seven ; and they shall have 
and enjoy the right and privilege of using and occupying the flats 
adjacent to said wharf, when so extended at the end and at the 
sides thereof, in the same manner in which they have hitherto 
occupied and enjoyed the flats and docks adjoining said wharf as 
it now is : provided, that said wharf shall be built upon piles, 
and that nothing herein contained shall impair the rights of any 
other persons whatever. [.^pn'Z 2, 1839.] 

An Act making provision for the Unfunded Debt of the Commonweahh. 0/iflW« #0« 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by tlie authority of the same, 
as follows : 

Sect. 1. The treasurer is hereby authorized and directed Provision for 
to issue scrip or certificates of debt, under his signature and the '^s"'°& s'^"?- 
seal of the Commonwealth, to any amount not exceeding three 
hundred thousand dollars, bearing interest at a rate not exceed- 
ing five per cent, per annum, redeemable at any time not ex- 
ceeding three years from the date thereof; and the said scrip 
shall be countersigned by his excellency the governor ; and the 
5 



34 



1839.- 



■Chap. 78—79. 



Disposal of 
scrip. 



Application 
of funds raised 
from scrip. 



Sum to be re- 
ceived of U. 
Slates to be ap- 
plied to redeem 
scrip. 



Half the pro- 
ceeds of sale of 
lands applied to 
redeem scrip in 
aid of Western 
Rail-road. 



Repeal of laws 
inconsistent 
herewith. 
When to take 
efiect. 



Chap. 79. 



Treasurer of 
Boston to ren- 
der aimual ac- 
count of expen- 
ses, &c. con- 
cerning the 
island. 



A provision in 
the Rev. Stat, 
repealed. 



faith of the Commonwealth is hereby pledged for the redemption 
of the principal and interest of the same. 

Sect. 2. The said scrip shall be disposed of in such man- 
ner as may be directed by the governor, with the advice and con- 
sent of the council. 

Sect. 3. The funds arising from the disposal of the said 
scrip shall be applied to the payment of the unfunded debt now 
existing against the Commonwealth, and to the supply of any 
deficiency which may arise in the current income of the present 
year to meet the current expenses of the same. 

Sect. 4. All sums of money which may be hereafter re- 
ceived from the general government on account of the principal 
or interest of the claim of this Commonwealth against the same 
for militia services, are appropriated exclusively as a sinking fund 
for the final redemption of the principal of all scrip issued in vir- 
tue of this act ; and all portions of such fund shall be invested by 
the treasurer as may be directed by the governor, with the advice 
and consent of the council : provided^ that the governor may, in 
like manner, cause any of the above sums to be applied to either 
of the purposes mentioned in the preceding section. 

Sect. 5. The moiety of the proceeds of certain sales of 
public lands appropriated to a sinking fund, for the object and on 
the condition set forth in the statute of 1837, ch. 172, is hereby 
irrevocably appropriated for the redemption of the principal of 
all scrip heretofore issued for the purpose of providing for the 
subscription of the Commonwealth to the Western Rail-road. 

Sect. G. So much of any act or resolve as is inconsistent 
with any of the provisions of this act is hereby repealed. 

Sect. 7. This act shall go into operation from and after the 
passing of the same. [^Jipril 2, 1S39.] 

An Act concerning Rainsford Island. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as folloxos: 

Sect. I. The treasurer of the city of Boston shall transmit, 
annually, in the month of January, to the Legislature of the 
Commonwealth, an account under oath, in which he shall charge 
the Commonwealth with the amount of all moneys which have 
been expended by said city upon the hospital establishment on 
Rainsford Island, in the course of the year preceding ; and shall 
credit the Commonwealth with the amount of all sums received 
by him to their use on account of said island ; and this account 
shall be audited by the comrnittee on accounts of the Legislature ; 
and if any balance is found due, it shall be forthwith paid into the 
treasury of the Conmionwealth ; and if the balance shall be found 
in favor of the city treasurer, it shall be so reported by the com- 
mittee in their roll of accounts. 

Sect. 2. So much of the fifth section of the eleventh chap- 
ter of the Revised Statutes as requires the mayor and aldermen 
of the city of Boston to file in the office of the secretary of the 



1839. Chap. 79—82. S5 

Commonwealth an account of money expended on said hospital 
establishment, is hereby repealed, [^^pril 3, 1839.] 

An Act lo incorporate the Southvvorth Manufacturing Company. LyllUp, OU. 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Wells Southworth, Nathaniel S. Lawrence, and Persons incor- 
Salathiel Judd, their associates and successors, are hereby made ^°^^^^ ' 
a corporation, by the name of the Southvvorth Manufacturing 
Company, for the purpose of manufacturing paper and buttons 
in the town of West Springfield, in the county of Hampden ; 
with all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- Estate, 
said, real estate to the amount of twenty thousand dollars ; and 
the whole capital stock of said corporation shall not exceed the 
amount of forty thousand dollars. [^April 3, 1839.] 

An Act authorizing Elisha Burgess and others to construct a Wharf in the town of QJidp^ 81 * 
Somerset. ■'■ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Elisha Burgess, William Slade, 2d, and Samuel L. Crocker, Direction and 

... ^. ' , , 1 • 1 . I r extent of wharf. 

and then* associates, are hereby authorized to construct a wliari 
from their land, situated on the northerly part of Store-house 
point, in the town of Somerset, and extend the same in a south- 
easterly direction into Taunton river, to the edge of the channel : 
and the proprietors of said wharf shall enjoy all the powers and 
privileges, and be subject to all the liabilities common to pro- 
prietors of wharves in said river: provided, that this act shall not 
interfere with the legal rights of any other person or persons. 
[Aprils, 1839.] 

An Act to increase the Capital Stock and change the Name of the Andover and Ha- OJldp, 82. 
verhill Rail-road Corporation. ^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Andover and Haverhill Rail-road Corpora- Additional 
lion are hereby authorized to increase their ca|)iial stock to an a'°^|'„I°of® 
amount not exceeding one hundred and fifty thousand dollars, by ^iso.ooo au- 
creaiing an additional number of shares, not exceeding fifteen ihonzed. 
hundred, of one hundred dollars each ; the same to be assessed by 
instalments, from time to time, as the directors shall find expe- 
dient ; and the amount thus raised shall be applied, as far as is 
necessary, for the completion of their road to the line of the 
state of New Hatnpshire. 

Sect. 2. The Andover and Haverhill Rail-road Corpora- Change of 
tion, after the passing of this act, shall be known and called by "'""''■ 
the name of the Boston and Portland Rail-road Corporation. 



36 



1839.- 



•Chap. 82—85. 



Chap. 83. 



Persons incor- 
porated. 



Penalties for 
taking fisii with- 
out leave, &c. 



Private proper- 
ty to be respect- 
ed. 

Owners of ad- 
joining land 
may become 
members, &c. 



Chap, 84. 



Former law ex- 
tended to 
Brewster. 



Chap. 85. 



Lobsters, &c , 
wiiliin limits of 
towns, not to be 



Sect. 3. This act shall take effect from and after its pas- 
sage. [Jpril 3, 1839.] 

An Act to incorporate the Trap's Creek Fishing Company in Edgartown. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect. 1. John Coffin, Nicholas Norton, Chase Pease, their 
associates and successors, are hereby made a corporation, by the 
name of the Trap's Creek Fishing Company in Edgartown, in 
the county of Dukes County, and are empowered to alter the 
present oudet of Trap's pond so called, for the purpose of flow- 
ing the meadows in the winter season, and for a herring fishery 
therein and to regulate the same ; and, for this purpose, shall have 
all the powers and privileges, and be subject to all the duties, re- 
strictions and liabilities set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. If any person, without the permission of said cor- 
poration, shall take, catch, or haul on shore, any herring in said 
pond or creek, he shall forfeit and pay, for the use of said corpo- 
ration, a sum not exceeding three dollars, if the quantity so taken 
be less than one barrel ; but if the quantity be more than one bar- 
rel, the person so offending shall forfeit and pay, for each barrel of 
fish so taken, the sum of five dollars, to be recovered in any 
court proper to try the same. 

Sect. 3. Nothing herein contained shall authorize the said 
company to take or use the private property of any person with- 
out his consent. 

Sect. 4. All persons who now are, or may hereafter be 
owners of land adjoining said Trap's pond and creek, may be- 
come members of said corporation ; subject, however, to pay their 
proportional part of the expenses which shall have been incurred 
by said corporation before the time of their admission, [.dpril 
3, 1839.] 

An Act for the protection of the Shell Fishery in Brewster. 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

The provisions of the fifty-fifth chapter of the Revised Stat- 
utes, so far as the same relate to certain towns, enumerated in 
the thirteenth section of said chapter, are hereby made to extend 
and apply to the town of Brewster, as fully and effectually as if 
the name of said town had been inserted in said section. [Jlpril 
3, 1839.] 

An Act concerning the Sea Coast Fisheries. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfoUoics : 

Sect. 1. No person, living without the State, shall take any 
lobsters, tautog, bass, blue fish, or scuppaug, within the harbors, 



1839. Chap. 85—88. 37 

streams, or waters of any town on the sea coast in this State, for carried off by 
the purpose of carrying them from thence, nor shall any be taken "Iher'st'a'tes" 
and carried away by any person living wiihin the State, in ves- nor by any per- 
sels or smacks of more than fifteen tons burthen, under a penalty ^" '" ^^''^^'s/ 
not exceeding twenty dollars for every offence, and a forfeiture 
of all the fish and lobsters so taken. 

Sect. 2. The penalties and forfeitures mentioned in this act How penalty 
may be recovered to the use of the town in which the offence lo t)e recovered, 
shall have been committed, by indictment or by complaint be- 
fore any justice of the peace. 

Sect. 3. The provisions of this act shall not extend to any Act not to take 
town, unless such town at a legal meeting shall adopt the same. adopte"dby* 
[.Qpril 3, 1839.] towus. 

An Act enlarging the Powers of the County Commissioners of the county of Essex. C/fldV* 86. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The county commissioners of the county of Essex are here- Highway au- 
by authorized to lav out and establish a public highway over the •h'T'zed over 

•1 r TKi , • • o 1 T\ r ■ certain I'de- 

tide-waters ot iSorih river, in Salem or JJanvers, irom a point waters, 
near the southerly end of the mill dam of Frye's mill, (so called,) 
to a point in Mason street, in Salem, near the Quaker pasture 
gate, according to the provisions of the twenty-fourth chapter of 
the Revised Statutes. [£pril 4, 1839.] 

An Act to authorize the Proprietors of the Wharves at the termination of the Lowell CJlClt), 87. 
Rail-road to extend the same. ■* 

BE it enacted by the Senate and House of Representatives ^ 
in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of the wharves at the termination of the Low- Wharves may 
ell Rail-road in the city of Boston, are hereby authorized and a^certaLn'hne'*' 
empowered to extend the same towards the channel as far as the 
line proposed in the report of the commissioners appointed for 
the survey of Boston harbor, under a resolve passed March 
fifth, one thousand eight hundred and thirty-five ; and for this pur- 
pose shall have and enjoy the right and privilege of using and oc- 
cupying the flats adjacent to the said wharves, when so extend- 
ed, in the same manner in which they have hitherto occupied and 
enjoyed the flats and docks adjoining the said wharves as they 
now are : provided, that nothing herein contained shall be so con- 
strued as to lessen or injure the rights or property of any other 
persons whatever. [April 4, 1839.] 

An Act to incorporate the Union Insurance Company. CtlCtp* OO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Simeon Conant, .Tonathan Nickerson, and John Persons incor- 
Adams, their associates and successors, are hereby made a cor- P°''^'^ • 
poration, by the name of the Union Insurance Company, in the 



38 1839. Chap. 88—91. 

town of Provincetown, for the purpose of making maritime loans, 
and insurance against maritime losses in the customary manner ; 
with all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the thirty-seventh and for- 
ty-fourth chapters of the Revised Statutes, and in the thirty-fifth 
and one hundred and seventy-eighth chapters of the laws of the 
year one thousand eight hundred and thirty-eight, for the term 
of twenty years. 

Estate. Sect. 2. The said corporation may hold any estate, real 

or personal, for the use of said company : provided^ that the real 
estate shall not exceed the value often thousand dollars, except- 
ing such as may be taken for debt, or held as collateral security 
for money due to said company. 

Capital stock. Sect. 3. The capital stock of said company shall be fifty 
thousand dollars, and shall be divided into shares of one hundred 
dollars each, and shall be collected and paid in, in such instal- 
ments, and under such provisions and penalties, as the president 
and directors of said company shall direct. 

Norislftoex- Sect. 4. The said company shall be restricted to an 

cenf ofstork.' amount not exceeding eight per cent, of their capital stock on 
any one risk, [^^pril 4, 1839.] 

ChcfO 89 ■^" ^^"^ concerning the Attachment of Real Estate. 

BK it enacted by the Senate and House of Representatives, 

in General Court assembled^ and by the authority of the same, 

asfoUoivs : 

Copy of decia- Whenever, in making an attachment of real estate, it shall be 

be"lo"g"^cnn"°' t^^6 ^"ty o^ ^^^6 officer making such attachment to deposite the 

clerk's office, original writ, or a copy thereof, in the office of the clerk of the 

court for the county in which the lands lie, such copy need not 

contain the declaration in the writ, [^^pril 4, 1S39.] 

Chctt). 90 Au Act relating to the Powers of County Commissioners. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Highway may The county Commissioners may, at the time of ordering spe- 
underTepaTr!"'^ ^'^^ repairs upon any existing highway, according to the provis- 
ions of the seventh and eighth sections of the twenty-fourth 
cha|)ter of the Revised Statutes, direct such highway to be 
closed to public travel for such time as they deem reasonable. 
[April A, 1839.] 

C^hfin 91 •'^" ^^'^ ^° incorporate the Lenox JManufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Persons incor- Sect. I. William P. Walkcr, Charles Worihlngton, and 
porae . William A. Phelps, their associates and successors, are hereby 

made a corporation, by the name of the Lenox Manufacturing 
Company, for the purpose of manufacturing iron, and cotton, and 
woollen goods, in the town of Lenox, in the county of Berk- 



1839. Chap. 91—93. 39 

shire, with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- Estate, 
said, real estate to the amount of seventy-five thousand dollars ; 
and the whole capital stock of said corporation shall not exceed 
the amount of one hundred and seventy-five thousand dollars. 
[^pril4, 1839.] 

An Act to aulliorize the Proprietor of Batter^' Wharf to extend the same. CllflT) 02 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The proprietor of Battery wharf, in the city of Line to which 
Boston, is hereby authorized and empowered to extend the be^xt'e^nded!^ 
same towards the channel, to the line established by the second 
section of the two hundred and twenty-ninth chapter of the laws 
of the year one thousand eight hundred and thirty-seven ; and he 
shall have and enjoy tlie right and privilege of using and occupy- 
ing the flats, adjacent to the said wharf, when so extended, at 
the end and at the sides thereof, in the same manner in which 
he has hitherto occupied and enjoyed the flats or docks adjoin- 
ing the said wharf as it now is : provided, that neither the said Restrictions, 
proprietor, nor his heirs or assigns, shall have any riglit to ex- 
tend the said wharf, or to use and occupy the flats which shall 
be on the south side of the said wharf, when so extended be- 
yond a line drawn in continuation of the boundary line dividing 
the lands and flats of the said proprietor from the lands and flats 
of the Boston Marine Railway Company ; or shall have any right 
to extend the said wharf, or to use and occupy the flats which 
shall be on the north side of the said wharf, when so extended, 
beyond a line drawn in continuation of die boundary line, divid- 
ing the lands and flats of said proprietor from the lands and flats 
of Nathaniel Goddard : and provided further, that all of said 
wharf which shall extend beyond low water mark, shall be built 
upon piles. 

Sect. 2. Nothing herein contained shall be so construed as to Provision in re- 
authorize the said proprietor to erect any breakwater, or drive ^^fj'''| '° driving 
any piles upon the flats extending from low water mark to the '' 
line as established by the general court, for the purpose of 
establishing any landmark or boundary between him and the ad- 
jacent proprietors, or to lessen or injure the rights or property 
of any other person whatever, [^pril 4, 1839.] 

An Act establishing Fees of Notaries Public. C^Itnn Q^ 

JBJG it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The fees of notaries public for the services hereafter Notary's fees 
specified, shall be as follows, to wit : for every protest for the non- '^J certain spe- 

•/I ciDCQ services 

acceptance or non-payment of a bill of exchange, order, draft, or 
check, the amount whereof is five hundred dollars, or upwards, 



40 



1839.- 



-Chap. 93—94. 



Repeal. 



Chap, 94. 



Reduction not 
to take place 
until examina- 
tion by bank 
commissioners, 
&c. 



Method of re- 
duction. 



Bank tax to 
have reference 



or for the non-payment of a promissory note for the like amount, 
one dollar ; for recording the same, fifty cents ; for every pro- 
test for the non-acceptance or non-payment of a bill of exchange, 
order, draft, or check, the amount whereof is less than five hun- 
dred dollars, or for the non-payment of a promissory note for 
the like amount, fifty cents ; for recording the same, fifty cents ; 
for noting the non-acceptance or non-payment of a bill of ex- 
change, order, draft, or check, or the non-payment of a promis- 
sory note, seventy-five cents ; for each notice of the non-accept- 
ance or non-payment of any bill, order, draft, check, or note, 
given to any party liable for the payment thereof, twenty-five 
cents : provided^ that the whole cost of protest, including all 
necessary notices, and the record thereof, when the bill, order, 
draft, check, or note is of the amount of five hundred dollars or 
upwards, shall in no case exceed two dollars ; and when the 
amount thereof is less than five hundred dollars, the whole cost 
shall not exceed one dollar and fifty cents ; and the whole cost 
of noting, including recording and all notices, shall in no case 
exceed one dollar and twenty-five cents. 

Sect. 2. The sixteenth section of the one hundred and 
twenty-second chapter of the Revised Statutes is hereby re- 
pealed, l^pril 4, 1839.] 

An Act to reduce the Capital Stock of the Market Bank, in Boston. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The president, directors and company of the 
Market Bank, in Boston, are hereby authorized to reduce their 
present capital stock to the sum of eight hundred thousand dol- 
lars : provided, that no dividends of any part of the present 
capital stock of said bank shall be made, nor shall this act be in 
force, until the bank commissioners, or a majority of them, shall 
have certified their opinion, in writing, to the governor and 
council, that the said corporation has sufficient funds for the 
payment of all notes, bills, deposites and other demands existing 
against it ; and that after payment thereof, the net sum of eight 
hundred thousand dollars will remain in said bank, as capital 
stock, in funds available for all usual and proper banking pur- 
poses. 

Sect. 2. To reduce the said capital stock as aforesaid, the 
said corporation shall extinguish two thousand shares therein, 
which have been transferred to it in pledge or otherwise, and 
have become its property, so that each of the remaining eight 
thousand shares shall be of the par value of one hundred dollars. 

Sect. 3. From and after the time when the said certificate 
of said commissioners shall have been made and delivered as 
aforesaid, all the rights, duties and liabilities of said corporation 
shall have relation to, and be governed by, said reduced capital 
of eight hundred thousand dollars ; and until said certificate shall 
have been made and delivered as aforesaid, the said corporation 



1839. Chap. 94—96. 41 

shall pny into the treasury of this Coinmonwealih the tax required m iiicoki rapi- 
by law to be paid on the present capital of said bank. [Jlpril caieofc'om'rs' 
5, 1S39.] 

An Act to authorize Nathaniel Goddard, proprietor of Constilulion Wharves, to ex- QJidJ), 95. 
tend the same. ■* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. I. Nathaniel Goddard, the proprietor of the wharf or Line to which 
wharves in the city of Boston, known by the name of Consiiiii- ma.^^e exTend- 
lion Wharves, is hereby auihorized and empowered to extend cd. 
the said wharves towards the channel, to the line established by 
the second section of the two hundred and twenty-ninth chapter 
of the laws of the year one thousand eight hundred and thiriy- 
seven ; and he shall have and enjoy the ii2,ht and privilege of 
using and occupying the flats and docks adjacent to said wharf 
or wharves, when so extended, at the ends and the sides thereof, 
in the same manner in which he has hitherto occupied and 
enjoyed the flats and docks adjoining said wharf or wharves, 
as they now are: provided, that neither the said Nathaniel Restricted, &c. 
Goddard, nor his assigns, shall have or claim any right to 
extend the said Constitution wharf or wharves, or to use and 
occupy the flats which shall be on the northerly side of said 
wharf or wharves, when so extended, beyond a line drawn in 
continuation of the boundary line dividing the lands and flats of 
the said Goddard from the lands anrl flats of Samuel A spin wall ; 
or shall have any right to extend the said Constilulion wharves, 
or to use and occupy the flats which shall he on the sotilheaslei"Iy 
side of the same, when so extended, beyond a line drawn in 
continuation of the boundary line dividing the lands and flats of 
said Goddard from the lands and flats of Jose[)h W. Revere : 
and provided, further, that all of said wharf wliich shall ap- 
proach within eighty feet of the line of the channel, as adopted 
by the general court, shall be built upon piles. 

Sect. 2. Nothing herein containerl shall be so construed as Provisions 
to authorize said Goddard to erect any breakwater or drive any "1]^^' "^'"^ 
piles upon the flats extending from low water mark to the line 
established by the general court, for the purpose of establish'ng 
any land-mark or boundary line between him and the adjacent 
proprietors, or to lessen or injin-e the rights or property of any 
other person whatever. \_Jipril 5, 1839.] 

An Act in relation to Coiitriliuiion ainoiig- Devisees. CJlGY), 96. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Whenever the estate of one (n- inore devisees un- All dovi'^eps to 
der a will shall be taken and assigned by the judge of probate for '""'■ '"q"-''' '"'f- 
ihe dower ol the widow of the testator, or be set out to her upon er is tiiken from 
a judgment rendered in an action of dower at common law, all ""<-" "f "'"'c- 
the other devisees and legatees shall contribute their respective 
6 



42 1839. Chap. 96—98. 

proportions of the loss to the person from whom the estate is so 
taken or set out, so as to make the loss fall equally upon all the 
devisees and legatees in proportion to the value of properly re- 
ceived by them under the will : provided, that no devisee or 
legatee shall be held to contribute as aforesaid, who may be ex- 
enjpted therefrom by the provisions of the will. 
Cases under Sect. 2. Ail cases arising under this act may be decided in 

j"*-5''j ^°^ an action at law, when the case is such as to allow of that course 

C16C1Q6U 

of proceeding, or they may be originally brought and determined 
in the supreme judicial court as a court of chancery. [^Jlpril 
5, 1839 .] 

Chcfp, 97* ■'^" ^^T ^^ incorporate ihe Truro Breakwater Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Persons incor- Sect. 1. Jeremiah Paine, 2d, James Rich, Nehemiah 

poraie . Rich, Elislia Rich, their associates and successors, are hereby 

made a corporation, by the name of the Truro Breakwater 
Company, for the purpose of constructing a breakwater in the 
town of Truro ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in the forty- 
fourth chapter of the Revised Statutes. 

May build piers, Sect. 2. Said company shall have the power to construct 
'^' and maintain a pier or piers from the shore in the southwesterly 

part of said town of Truro, into Barnstable Bay, for the pur- 
pose of forming an artificial harbor ; and shall have the right and 
privilege of using and occupying the flats adjacent to said pier or 
piers, when so extended, and receive wharfage therefor ; and 
shall also have the power to receive toll on such vessels as may 
enter or use the said artificial harbor, when thus constructed. 

Private proper- Sect. 3. Nothing herein contained shall be so construed as 

ty protected. , . . , ^ , . . i • i 

to autlionze said company to lessen or mjure the rights or prop- 
erty of any other person or persons whatever. [Jlpril 5, 1839.] 

(JJlCtp. 98. An Act to incorporate the Ocean Steam Packet Company. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Persons incor- Sect. 1. Elias Hasket Derby, Charles Leighton, Arnold 

porate . p Welles, their associates and successors, are hereby made a 

corporation, by the name of the Ocean Steam Packet Company, 

for the purpose of navigating the ocean by steam, with all the 

powers and privileges, and subject to all the duties, restrictions 

and liabilities set forth in the forty-fourth chapter of the Revised 

Statutes. 

May build Sect. 2. The Said company are hereby authorized and em- 

steam-ships, powered to build, purchase, hold and convey one or more steam 

packets, and may therewith navigate the ocean between any port 

or ports in this Commonwealth and Europe, or between such 

port or ports and any islands, provinces, or possessions of any 

European powers, and may enter into such contracts with other 



1839. Chap. 98—100. 43 

persons as they may deem expedient, to run steam packets be- 
tween any port or ports wiihin this Commonwealih and any oth- 
er port or ports whatsoever. 

Sect. 3. The said company may hold real estate not ex- Estate, 
ceeding in value one hundred thousand dollars, and personal 
property to an amount not exceeding six hundred thousand dol- 
lars. 

Sect. 4. The number of shares into which the capital stock Capital stock, 
of said company shall be divided, and the amount of each share, 
shall be fixed by the by-laws ; and said company shall have 
power to assess, from time to time, upon such shares, such sums 
of money as may be deemed necessary to accomplish the ob- 
jects of said company ; but no share shall be assessed for a great- 
er sum or sums in the whole than the amount of such share so 
determined and fixed as aforesaid. 

Sect. 5. The said corporation shall continue for the term 
of thirty years ; but if the said corporation shall not, wiihin two 
years from the passing of this act, have been organized, and have 
laid and collected an assessment or assessments to the amount of 
ten per cent, upon the capital stock, this act shall become null 
and void, {^^pril 5, 1839.] 

An Act to repeal the Charter of the Farmers and Mechanics Bank. ChdV, 99. 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. An act entitled an act to incorporate the Farmers Repeal not to 
and AJechanics Bank, passed April first, in the year one thou- certab I'iabTli- 
sand eight hundred and thirty-six, is hereby repealed : provided, ties, 
that nothing in this act contained shall be so construed as to re- 
lease or absolve the said corporation, or any director or stock- 
holder thereof, from any liability created by any provisions of the 
act hereby repealed. 

Sect. 2. This act shall take effect from and after its pas- Act to take im- 

sage. [Jlpril 5, 1839.] mediate effect. 

An Act to incorporate the Wardens, Vestry and Proprietors of Trinity Church, in r^h/it) 1 Qf) 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Samuel H. Jenks, Henry J. Defrees, and Thomas Persons incor- 
A. Gardner, their associates and successors, are hereby incorpo- P^""^'^^- 
rated, by tiie name of the Wardens, Vestry and Proprietors of 
Trinity Church, in Nantucket, with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set forth in 
the twentieth chapter of the Revised Statutes. 

Sect. 2. Said church may hold real and personal estate. Estate, 
to an amount not exceeding twelve thousand dollars, exclusive of 
their meeting-house and the land on which it stands : provided, 
the income thereof shall be appropriated exclusively to religious 
purposes. [April b, 1839.] 



44 



1839.- 



-Chap. 101. 



ChaplO}. 



Persons incor- 
porated. 



Locationof rail- 
road. 



Capital stock. 



May be united 
with U'estern 
rail-ioad. 



Other roads 
may enter, &c 
on this. 



An Act to incorporate the Hartford and Springfield Rail-road Corporation. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Charles Siearns, George Dwight, Stephen O. 
Russell, and Geoige Bliss, iheir associates and successors, are 
lieieby made a corporation, by the name of the Hartford and 
Springfield Rail-road Corporation, with all the powers and privi- 
leges, and subject to all the duties, liabilities and provisions 
contained in that part of the thirty-ninth chapter of the Revised 
Statutes, which relates to rail-road corporations, in the stat- 
ute of one thousand eight luindred and thirty-seven, chapter two 
hundred and twenty-six, in the statute of one thousand eight 
hundred and tliiriy-eight, chapter ninety-nine, and in the forty- 
foiirih chapter of said Revised Statutes ; and said corporation is 
Iiereby authorized and empowered to locate, construct, and 
finally cotnplete a rail-road from a point in Springfield, to the 
north line of the $tate of Connecticut, commencing either at or 
near Chicopee river, or at or near the village of Springfield, 
and passing southerly as near the Connecticut river as is conve- 
nient, and in the valley of the river, either upon the east side 
thereof, through a part of the town of Springfield, and near the 
mouth of the I'ecowsick brook, and thence through the meadows 
in the town of Longmeadow, in the general direction towards 
Thompscnville to ilie line of the State of Connecticut ; or upon 
the westerly side of Connecticut river, and as near the same as 
is conveniently practicable, through a part of the town of West 
Spiingfield, to the line of the State of Connecticut, with a view 
to unite the said rail-road with a rail-road authorized by the 
legislature of Connecticut, from Hartford to the line of the 
State of Massachusetts. 

Sect. 2. The capital stock of said corporation shall not ex- 
ceed the sum of three hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each ; and the said 
corporation may purchase and hold such real estate, n)aterials, 
engines, cars, and other things, as may be necessary for depots, 
for the use of said road, and for the transportation of persons, 
goods, and merchandise. 

Sect. 3. The said corporation may unite tiie track of their 
road with the Western rail-road, at such safe and convenient 
place, near the Connecticut river, as shall not interfere with the 
de|)0t building of the Western Rail-road Corporation, they pay- 
ing all expenses incident thereto. And the said Hartford and 
Springfield Rail-road Corporation may cross the track of the 
Western rail-road, in such safe and convenient place near said 
river, as will not interfere with said buildings, or obstruct the 
convenient use of the track of said Western rail-road. 

Sect. 4. The Legislatm-e may authorize any company to 
enter with another rail-road at any point of said Hartford and 
Springfield rail-road within this State, and use the same, or any 
part thereof, paying therefor such a rate of toll or compensation 



1839. Chap. 101. 45 

as the Legislature may, from time to time, prescribe, or that 
may be fixed under tlie j)rovisions of any general law of this 
Coinmonweahh, com|il}ing with such rules and regulations as 
may be established by said Hartford and Springfield llail-road 
Corporation : provided, however, that no other cor))oration shall 
enter upon said Hartford and Springfield rail-road, with any mo- 
tive power, unless the said Hartford and Springfield Rail-road 
Corporation shall refuse to draw over their road, or any part 
thereof, the cars of any other rail-road corporation which may 
be authorized to enter with their rail-road upon the road of said 
Hartford and Springfield corporation. 

Sect. 5. The Legislature may, after the expiration of five Toils, &c. may 

years from the time when the said rail-road shall be opened for be altered by 
'' I. . . , , , /• 11 1 Legislature, 

use, Irom time to time, alter or reduce the rate ot tolls or other 

profits upon said road ; but the said tolls shall not, without the 

consent of said corporation, be so reduced as to produce, with 

said profits, less than ten per cent, per annum. 

Sect. 6. If the said corporation shall not have been organ- Act to be void 
ized, and the location of the route of said road filed with the e"vents^'° 
county commissioners of the county of Hampden, within two 
years from the passage of this act, or if the said corporation shall 
fail to complete said road, within three years from the passage of 
this act, the same shall be void. 

Sect. 7. The persons who shall become stockholders in 
the Hartford and Springfield Kail-road Company, incorporated 
by the legislature of the Stale of Connecticut, in the year one 
thousand eight hundred and thirty-three, shall be stockholders of 
this corporation, together with such persons as shall become 
stockholders of this corporation; and when the stockholders Union with the 
shall by vote have assented thereto, the said corporations shall Connecticut 

1 VI'. .• 1 I r I XT load provided 

become united mto one corporation, by the name oi the Hart- for. 
ford and Springfield Rail-road Corporation, with a capital not 
exceeding the amount of the joint capital of both corporations ; 
and all the tolls, franchises, rights, powers, privileges and prop- 
erty, granted or to be granted, acquired or to be acquired, un- 
der the authority of the State of Connecticut or of this State, 
shall be held and enjoyed by all the said stockholders, in pro- 
portion to their number of shares in either or both of said cor- 
porations. 

Skct. 8. After the said union shall be perfected, the said Farther provis- 
stockholders shall hold their meetintrs, make their by-laws, an- '"".« <^o»cerni«g 

i"/v 1 iii-i- union. 

point their orncers, and transact all their business, as one corpo- 
ration : provided, that one or more of the officers of said cor- 
poration shall be resident in this Commonwealth, and one or 
more of thein in the State of Connecticut, on whom process 
against said corporation may be legally served in either Stale ; 
and said corporation shall be held to answer within the jurisdic- 
tion where such service shall be made, and the process is return- 
able. 

Sect. 9. The share or shares of any stockholder in said Concerning ai- 
corporation shall be liable to attachment, and to be taken on ex- shar^?" 



46 1839. Chap. 101—102. 

ecution, in the State where such stockholder shall reside at the 
time of the service of such process : provided, the laws of such 
State authorize the attachment and taking on execution of such 
property ; and an attested copy of such writ or execution, and of 
the return of the officer thereon, shall, at the time of such ser- 
vice, be left with the clerk or a director of said corporation, or 
at his usual place of abode, by the officer making the service. 
Commissioners Sect. 10. The Said Corporation shall so make out and keep 
*f ''^^PP?'"'^^' an account of the expenditures on said road, from its commence- 
and cJonn. nient to its Completion, as clearly to exhibit what portion thereof 
belongs to that part of said road situated in Massachusetts, and 
what portion to that part in Connecticut. And two commission- 
ers shall be appointed, one by the governor of each State, to 
hold their offices for the term of four years, and to be reasonably 
compensated for their services by said corporation, who shall 
ascertain what proportion of expenditures on said road, and of 
the otiier expenses attending its construction, maintenance and 
use, also what proportion of the receipts and profits of said rail- 
road shall properly appertain and belong to the portions of said 
road in each State respectively. And the annual report required 
to be made by the directors to the Legislature of this Common- 
wealth, shall be approved by the said commissioners. 
Liability of cor- Sect. 1 1. The said Corporation, so far as their road is situ- 
poraiion. g^gj j^^ Massachusetts, shall be subject to the general laws of this 

Stale, to the same extent as if their road were wholly therein. 
Certain parts of Sect. 12. The seventh, eighth, ninth and tenth sections 
this act not to of jiijg act shall not take efi^ect, until the legislature of the State 
less. &c. of Connecuicut shall have enacted provisions similar to those 

contained in said sections ; nor until the provisions so enacted 
in each State shall have been accepted by the stockholders of 
each of said corporations, at meetings duly called for the pur- 
pose ; nor until the same shall have been accepted by the stock- 
holders of said united corporation, at a meeting called for the 
purpose ; at which meeting they may ratify and confirm all or 
any of their former doings, and adopt them as the acts and do- 
ings of said united corporation, [^^pril 5, 1839.] 

ChCip 1 02. An Act to protect tlie Fisheries in certain rivers in Barnstable and Marslipee. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Fish not to be Sect. 1. No person shall take any fish with a seine in 
w^i^iiln cenain^ Oyster Island harbor, in Barnstable, or in Poppenessett harbor, 
periods. jn Barnstable and Marslipee, or in any of the bays or rivers 

connected with said harbors, between the first day of May and 
Penali ' ^'^^ tenth day of June, annually, under a penalty not exceeding 

twenty dollars for each offence, to be recovered in any court 
proper to try the same, to the use of the person who shall pros- 
ecute therefor. 
Act to take im- Sect. 2. This act shall take effect from and after its pas- 

n,ed.ateefiect. ^^^^^ [^Jipril b, 1839.] 



1839. Chap. 103—104. 47 

An Act to incorporate the Danvers Fire and Marine Insurance Company. ClldJ) 1 03. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Jonathan Shove, John W. Proctor, and Ebene- Persons incor- 
zer Sutton, their associates and successors, are hereby made a P^''^^^^* 
corporation, by the name of the Danvers Fire and Marine In- 
surance Company, in the town of Danvers, for the purpose of 
making maritime loans and insurance against maritime losses, and 
against losses by fire, in the customary manner ; with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the thirty-seventh and forty-fourth 
chapters of the Revised Statutes, and in the thirty-fifth and one 
hundred and seventy-eighth chapters of the laws of the year one 
thousand eight hundred and thirty-eight, for the term of twenty 
years. 

Sect. 2. The said corporation may hold any estate, real or Estate, 
personal, for the use of said company : provided, that the real 
estate shall not exceed the value of ten thousand dollars, except- 
ing such as may be taken for debt, or held as collateral security 
for money dut; said company. 

Sect. 3. The capital stock of said company shall be fifty Capital stock, 
thousand dollars, witli liberty to increase the same to one hun- 
dred thousand dollars ; and shall be divided into shares of one 
hundred dollars each ; and shall be collected and paid in, in such 
instalments and imder such penalties as the president and direc- 
tors of said company slwll order and appoint. 

Sect. 4. The said company shall be restricted to an amount No risk to ex- 

,. • I . £• I • -.1.1 coed 8 per cent. 

not exceedmg eight per cent, oi their capital stock, on any one 
risk. [^pril5, 1S39.] 

An Act to increase ttie Capital festock of the Merchants Bank, in Boston. CyhCtV 104. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the May hold 

Ml T5 1 ■ T> II I • 1 • SriOO.OOO ad- 

ercnants oank, m lioston, are hereby autnonzed to increase ditionai stock. 

their capital stock by an addition of five hundred thousand dol- 
lars thereto, in shares of one hundred dollars each, which shall 
be paid in such instalments and at such times as the president 
and directors of said bank may direct and determine : provided, 
however, that the said additional capital of five hundred thousand 
dollars shall be paid in, on or before the fifteenth day of October 
next. 

Sect. 2. The additional stock aforesaid shall be subject to Regulations, 

.1 |., , . . . I • • . 1 ■ I .1 &c. conceriiinff 

tne like tax, regulations, restrictions and provisions to wliicn tlie present stock to 
present capital stock of said corporation is now subject. apply to new. 

Sect. 3. Before the said corporation shall proceed to do Certificate to be 
business upon such additional capital, a certificate, signed by the iecfrtlry'.''^ 
president and directors and attested by the cashier, that the same 
has been actually paid into said bank, shall be returned into the 
ofBce of the secretary of this Commonwealth. [Jlpril 5, 1S39.] 



48 



1839. 



■Chap. 105—107. 



Chap 105. 



Persons incor- 
porated. 



Stock transfer- 
able at the 
bank. 

Capital. 



Chap 106. 



Persons incor- 
porated. 



Estate. 



Chap 107. 



Provision for 
oral testimony 
and depositions, 
in the trustee 
process. 



On what terms, 
&c. parlies, 
who have no 



An Act to establish the Fishermen's Bank. 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same^ 
as follows : 

Sect. 1. Simeon Conant, Jonathan Nickerson, and John 
Adams, their associates and successors, are hereby made a cor- 
poration, by the name of the President, Directors and Company 
of tiie Fishermen's Bank, in the town of Provincetovvn, in the 
county of Barnstable, and shall so continue until tlie first day of 
October, in the year one thousand eight hundred and fifty-one ; 
with all the powers and privileges, and subject to all the duties, 
restrictions and liabilities, set forth in the thirty-sixth chapter of 
the Revised Statutes, and the one hundred and eighth and the 
one hundred and ninety-sixth chapters of the statutes of one 
thousand eight hundred and thirty-eight. 

Sf.ct. 2. The stock in said bank shall be transferable only 
at its banking-house, and in its books. 

Sect. 3. The capital stock of said corporation shall consist 
of one hundred thousand dollars, to be divided into shares of 
fifty dollars each, and to be paid in, in such instalments and at 
such times as the stockholders may direct : provided, the whole 
be piiid in on or before the first day of January next. [.Bpril 
5, 1S39.] 

An Act to incorporate tlie Second Universalist Society in Gloucester. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John Manning, Solomon Poole, and William 
Norwood, their associates and successors, are hereby made a 
corporation, by the name of the Second Universalist Society in 
Gloucester, with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities contained in the twen- 
tieth chapter of the Revised Statutes. 

Sect. 2. Said society shall have power to hold real and 
personal estate, to an amount not exceeding ten thousand dol- 
lars, exclusive of their meeting-house and the land on which it 
stands : provided, the annual income thereof shall be appropriated 
exclusively to parochial purposes. [JJpril G, 1S39.] 

An Act concerning Testimony in certain cases. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Upon the trial of any question arising on the ad- 
ditional allegations of any party in any trustee jirocess, made 
agreeably to the provisions of the one hundred anti ninth chapter 
of the Revised Statutes, either party may take his testimony, or 
any part thereof, orally, or by depositions in writing, as the 
court, before which the case is pending, shall direct. 

Sect. 2. Any executor, administrator, guardian or trustee, 
who may be a party to any suit at law, or in equity, having ao 



1839. Chap. 107—109. 49 

interest therein, except such as arises from iiis liability for costs personal inter- 
and expenses of snit, may be a witness in such suit to any matter ^^ay "he wit- 
known to him before he assumed the trust of his appointment : nesses. 
provided, he shall first release his rights to recover costs in such 
suit, or shall receive, or have tendered to him, such security for 
his liability for costs, as, in the opinion of the court before 
which the case is pending, shall be sufficient to indemnify him on 
account thereof. [Jlpril 6, 1839.] 

An Act in addition to an Act to establisii the Aqueduct Corporation, in Bos'on. L/llCip 1 UO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Sect. 1. The said Aqueduct Corporation are hereby au- Powers and 
thorized and empowered to conduct into Jamaica pond, in Rox- P"viieges. 
bury, or into any reservoir adjacent thereto, or into any res- 
ervoir or reservoirs within the limits of the towns of Brookline 
and Brighton, or either of them, and thence into the city of 
Boston, any stream or streams, pond or ponds, or other 
sources of water, to which said corporation may acquire rights 
by purchase ; and for these purposes may erect and main- 
tain a dam or dams upon and across any stream, rivulet or run 
of water not navigable, and may lay their pipes or conduits 
through or across any highway between said Jamaica pond, or 
said reservoir or reservoirs, and the point or points of supply, 
and also between said pond or reservoirs and any point or points 
in the line of the present aqueduct, or in any other conduit 
which the said corporation may lay down ; and also by subter- 
ranean pipes, or open conduits, may conduct the same through 
the land of any individuals or corporations between the same 
points : with all the privileges and subject to all the payments, 
penalties, requirements and conditions prescribed by the one 
hundred and sixteenth chapter of the Revised Statutes, as to 
said dam or dams, and by the fifty-sixth and fifty-seventh sec- 
tions of the thirty-ninth chapter of the Revised Statutes, as to 
said pipes or conduits, or the laying of the same. 

Sect. 2. The said corporation may increase their shares to increase of 
a number not exceeding five hundred, and their capital stock shares, 
shall not exceed five hundred thousand dollars. 

Sect. 3. The said corporation may hold real estate to an Additional real 
amount not exceeding fifty thousand dollars, in addition to what estate. 
they are now entitled to hold. 

Sect. 4. The said Aqueduct Corporation shall hereafter Corporation to 
be subject to the provisions of the ninth section of the fortieth be subject to 

1 fiT-»-iin /i-T -I cerlaui provis- 

chapter ot tlie Revised Statutes. \_,fipril G, 1839.J ions of Rev. 

Stat. 

An Act to reduce liie Capital Slock of the Adams Bank, in Adams. Chci'D 109. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the 
7 



50 1839. Chap. 109—110. 

Adams Bank are hereby authorized to reduce their present cap- 
ilcil slock lo the sum of one hundred and seventy-five thousand 
No stock to be dolliirs : provided^ iliat no dividends of any part of the present 
ceriifirnte'o'f capital stock of said hank shall be made, nor shall this act be in 
commissioners, force, until the bank commissioners, or a majority of them, shall 
have certified their opinion in writing to the governor and coun- 
cil, that the said corporation has sufficient funds for the payment 
of all notes, bills, deposiles and other demands existing against it, 
and that after payment thereof, the net sum of one hundred and 
seventy-five thousand dollars will remain in said bank as capital 
stock, in funds available for all usual and proper banking pur- 
poses. 
Mode of reduc- Sect. 2. To reduce the said capital stock as aforesaid, the 
*'""• said corporation shall extinguish two hundred and fifty shares 

therein, which have been transferred to it in pledge or otherwise, 
and have becoirie its property, so that the remaining one thou- 
sand seven hundred and fifty shares shall be of the par value of 
one hundred dollars. 
Riglits, &c. to Sect. 3. From and after the time when the said certificate 
coniinue as at ^f ggjj commissioners shall have been made and delivered as 

present, until, ^ • i n i • i i • i i- i -i- • t- • \ 

&c. atoresaid, ail the rights, duties and Jiabilities ot said corporation 

shall have relation to, and be governed by said reduced capital of 
one hundred and seventy-five thousand dollars ; and until said 
certificate shall have been made and delivered as aforesaid, the 
said corporation shall pay into the treasury of this Common- 
wealih ilie tax required by law to be paid on the present capital 
of said bank. [£pril G, fsSO.] 

r^hnn 1 1 n *^" ^^^ ^° reduce the Capital Stock of the Hancock Bank, in Boston. 

" * BE it enacted by tJie Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the 

Hancock Bank, in Boston, are hereby authorized to reduce their 

present capital stock to the sum of three hundred thousand dol- 

Stock not to t>e lars : provided, that no dividends of any part of the present 

divided &c. capital stock of said bank shall be made, nor shall this act be in 

until rerlificate ' •1111 • • • • r 1 111 

of bank com'rs. lorce, uiuil the bank commissioners, or a majority ot iliem, shall 
have certified their opinion in writing, to the governor and coun- 
cil, that the said cor()oration has paid all notes, bills, deposites 
and other demands existing against ii ; and that, after payment 
thereof, the net sum of three hundred thousand dollars remains 
in said bank, as capital stock, in funds available for all usual and 
j)roper banking purposes. 
Newpertificates Sect. 2. No change shall be made in the present number of 
of slock to be shares in said capital stock; but new certificates, in shares of 
sixty ilollnrs each, shall bo issued to the respective stocklioKlers 
enlided thereto, upon their surrender of the certificates held by 
them. 
Riphts. &c. to Sect. 3. From and after the time when the said certificate 
couii.niens at of said Commissioners shall have been made and delivered as 
preben,uni, gfoicsaid, all the rights, dutics and liabilities of said corporation 



1839. Chap. 110—112. 51 

shall have relation to, and be governed by, said reduced capital 
of three hundred thousand dollars ; and until the said certificate 
shall have been made and delivered as aforesaid, the said corpo- 
ration shall pay into the treasury of this Coniinonwealih the tax 
required by law to be paid on the present capital of said bank. 
[..%i7 6, 1839.] 

An Act in relation to the Tax on Sales by Auction. CIlOP 111. 

BE it enacted by the Senate and House of Representatives^ in 
General Court assembled^ and by the authority of the same, 
as follows : 

No sales, by auction, of wrecked vessels or portions thereof, Sales of 
or of appurtenances or materials thereto belonsrins:, shall be "recked ships, 
hereafter subject to any tax to the Comnionwealih. [.^pril G, taxed. 
1839.] 

An Act lo reduce the Ca|)ilal Stock of the Warren Bank, in Daiivers. r^linn 11^ 

jBE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloifs : 

Sect. 1. The President, Directors and Company of the 
Warren Bank, in Danvers, are hereby authorized to reduce 
iheir capital stock to the sum of one hundred and fifty thousand 
dollars : provided, that no payment or dividends of any part of No part of stock 
the present capital stock of said bank shall be made, nor sluill '" '.? ''^l^c*'"*/ 

' ' . ^ . Ill -1 • """' cefiihc-ate 

any sucli reduction ol the capital stock take place, uniil a mnjor- of hank comVs . 
ity of the bank commissioners shall have certified in writing, to ^^' 
the governor and council, that the said corporation has suflicient 
funds for the payment of all notes, bills, deposites and other de- 
mands existing against it, and that after payment thereof, the net 
sum of one hundred and fifty thousand dollars will remain in said 
bank as capital stock, in funds available for all usual and proper 
banking purposes. 

Sect. 2. The reduction of the capital stock in said bank Mode of re- 
shall be made by extinguishing three hundred of the present <^"ciug stock, 
shares ; and the apportionment of the shares so extinguished, 
among the present stockholders, shall be in such maimer as may 
be directed by the stockholders, at a meeting called for that 
purpose : provided, that nothing shall be done to reduce ihe par 
value of each of the remaining shares below one hundred dollars. 

Sect. 3. From and after the time when the said certificate Rights and du- 
of said commissioners shall have been made and delivered as "e^' •<> <•"""""« 

r -J II I -I J • J 1- I •!• • r • 1 • as at present, 

aloresaid, all the rights, duties and liabilities ot said corporation until, &.c. 
shall have relation to, and be governed by, said reduced ca[)iuil 
of one hundred and fifty thousand dollars ; and uniil said certifi- 
cate shall have been made and delivered as aforesaid, the said 
corporation shall pay into the treasury* of this Commonwealth 
the tax required by law to be paid on the present capital stock 
of said bank, [^pril 6, 1320.] 



52 



1839.- 



■Chap. 113—114. 



ChapMS. 



Persons incor- 
porated. 



£state. 



Corporation 
may lay down 
pipes, &c. 



An Act to incorporate the Naumkeag Steam Cotton Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same^ 
as follows: 

Sect. 1. William Sutton, Caleb Siniih, and Joseph S. 
Leavitt, their associates and successors, are hereby made a cor- 
poration, by the name of the Naumkeag Steam Cotton Compa- 
ny, for the purpose of manufacturing cotton goods, in the city 
of Salem, in the county of Essex, with all the powers and priv- 
ileges, and subject to all the duties, restrictions and liabilities, 
set forth in the thirty-eighth and forty-fourth chapters of the Re- 
vised Statutes. 

Sect. 2. Said corporation may hold, for the purpose afore- 
said, real estate to the amount of fifty thousand dollars ; and the 
whole capital stock of said corporation shall not exceed the 
amount of two hundred thousand dollars. [^Jipril 6, 1839.] 

ChcnoW^t ^^ ^^'^ '" f"Jdition to an Act to incorporate William Gray, Jr. and others, for the 
" * purpose of bringing Fresh Water into the towns of Salem and Danvers by subter- 

ranean pipes. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The proprietors of the Salem and Danvers Aque- 
duct are hereby authorized to take from their own land in said 
Salem, and conduct by subterranean pipes, into Salem and 
Danvers, a full and constant supply of water for the inhabitants 
of said Salem and Danvers, and for this purpose to maintain any 
pipes already laid down by said corporation, and to construct 
and lay down any other pipes of any materials and dimensions, 
in addition to their present works, in any direction, and under 
any highways, streets, private ways, or lands whatever, subject 
to the provisions of the act of which this is in addition, and sub- 
ject to the provisions hereinafter contained; provided, that nothing 
in this act contained shall affect any claim for damages that any per- 
sons now have for any thing heretofore done by said coi'poration. 

Sect. 2. If any person suffer datnage by the taking and 
conducting said water in manner aforesaid, and shall not agree 
with said aqueduct corporation on the indemnification to be paid 
therefor, such person may within one year file a petition for in- 
demnity in the supreme judicial court, within the county of 
Essex, before or during any term thereof, and after fourteen 
days' notice, which shall be given to said aqueduct corporation, 
by leaving an attested copy of said petition with the clerk of said 
aqueduct corporation, the court may proceed to the hearing of 
the petitioner, and may appoint three commissioners, who shall 
be disinterested freeholders and inhabitants of the Common- 
wealth, to determine the damages which the said petitioner mny 
have sustained by reason of the taking and conducting said water 
as aforesaid ; and the said commissioners shall forthwith give 
notice to both parties to appear, if they see fit, for a hearing be- 
fore thein ; and they shall first inquire whether any damage has 



Remedy for 
persons suffer- 
ing damage, 
&c. 



J 839. Chap. 114—116. 63 

been sustained by said petitioner by the cause aforesaid, and, if 
any, they shall estimate the same ; and the award of said com- 
missioners, or of the tnajor part of them, shall be returned by 
them as soon as may be into the said court : and upon the ac- 
ceptance thereof, judgment shall be rendered for the party pre- 
vailing, with costs : provided, that if either party shall be dissat- Proviso, 
isfied with such award, such party ma)^ spp^y to ^'^g supreme ju- 
dicial court, at any term thereof holden within the county of 
Essex next after the return of said award for a trial by jury, and 
the same shall thereupon be tried at the bar of said court ; and 
if the party so applying shall not obtain, in case it shall be tiie 
original petitioner or complainant, an increase of damages, or in 
case it shall be the original defendant, a decrease of dan)ages 
awarded by the said commissioners, such party shall pay reason- 
able costs of such trial, but otherwise may recover costs ; and 
upon any judgment rendered upon any such verdict, the said 
court may issue execution accordingly. 

Sect. 3. The said aqueduct corporation may create any New shares 
number of new shares in their capital stock, which may be ™^'>' ''^ '^'■®^'®''* 
necessary to meet the expense of extending and improving their 
works toobtain the supply of water aforesaid. 

Sect. 4. The said aqueduct corporation shall hereafter be Subject to Re- 
subject to the provisions of the ninth section of the fortieth ^'^^^ Statutes, 
chapter of the Revised Statutes, [^pril G, 1839.] 

An Act to repeal tlie Charter of the City Bank in Lowell. CIlCtD 115 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. An act entitled an act to incorporate the City 
Bank in Lowell, passed on the thirty-first day of March, in the 
year eighteen hundred and thirty-six, is hereby repealed : pro- Repeal not to 
vided, that nothing in this act contained shall be so construed as f^^oj^'e from 

, 1 1 I • 1 • 1- cxistinsr liabili- 

to release or absolve the said corporation, or any director or ties, &c. 
stockholder thereof, from any liability created by any provision 
of the act hereby repealed. 

Sect. 2. This act shall take effect from and after its pas- immediate ef- 
sage. [Jpril 6, ISSO.] feet of act. 



ChapU6. 



An Act to incorporate the Equitable Safety Insurance Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Benjamin Burgess, Benjamin C. Clark, John D. Persons incor- 
Bates, John Clark, their associates and successors, are hereby P*^""*'^ 
made a corporation, by the name of the Equitable Safety Insur- 
ance Company, to be established in the city of Boston, for the 
purpose of making maritime loans and insurance against maritime 
losses, and insurance against losses by fire, on the principle of a 
mutual insurance company ; and for this purpose shall have all 
the powers and privileges, and be subject to all the duties, re- 
strictions and liabilities, set forth in the thirty-seventh and forty- 



54 



1839.- 



-Chap. 116—118. 



No marine poli- 
cy to be issued 
until, &c. 



Terms of court 
for criminal 
business. 



fourth chapters of the Revised Statutes, so far as the same are 
applicable to the corporation liereby created, to continue for the 
term of twenty years. 

Sect. 2. No marine policy shall be issued, until application 
shall be made for marine insurance for the sum of five hundred 
thousand dollars ; and no division of any funds received by, or 
remaining in the hands of said company, shall be made among 
the stockholders thereof, until the expiration of their charier ; 
but such funds shall be invested in such securities and stocks as 
are required, by law, of insurance companies now incorporated. 
l^prilG, 1839.] 

CJlWD 117. '^" ^^^ establishing Additional Terms of the Court of Common Pleas in the county 
J^ * of Middlesex. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. There shall be holden in the county of Middlesex, 
three additional terms of tlie court of common pleas, as follows, 
to wit : the first term shall be holden at Concord, on the fourth 
Monday in June next, the second term shall be holden at Low- 
ell, on the first Monday in November next, and the third term 
shall be holden at Cambridge, on the second Monday of Febru- 
ary next, and a term of said court shall be holden on the same 
days and at the same places in each year thereafterwards, for the 
disposition of the criminal business of said county. 

Sect. 2. All appeals, recognizances and processes, and 
every other matter and thing of a criminal nature, which would 
be returnable to, or have day in the court of common pleas, to 
be holden at Concord, within and for said county, on the second 
Monday of June next, if this act had not been passed, shall be 
returnable to, and have day in said court at the tertn thereof, 
hereby established at said Concord, on the fourth Monday of 
June next. 

Sect. 3. The civil business of the court of common pleas 
in the county aforesaid shall be transacted only at the terms of 
the said court, heretofore by law established. And the criminal 
business thereof shall be acted upon only at the terms of the said 
court herein appointed to be holden. And all continuances of 
civil or criminal business shall be, without any special order 
therefor, to the next term of said court, to be holden for the 
transaction of business of the same description. 

Sect. 4. The grand jurors of the said county of Middlesex 
shall be required to attend only at the said terms established for 
the transaction of criminal business. \_Jlpril G, 1839.] 



Provision for 
return of pro- 
cess, Sic. 



Separation of 
civil and crimi- 
nal business. 



Attendance of 
grand jurors. 



C/mjyll8. 



Boundaries of 
tract set ofif. 



An Act to annex a part of Slurbridge to Soulhbridge. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

A tract of territory now belonging to the town of Sturbri Ige, 
of the following description, beginning at the southern point of 



1839. Chap. 118—121. 55 

said tract at a monument vvestvvardly of the dwelling-house of 
John Morse, on ihe boundary line between the towns of Stur- 
bridge and kSouthbridge, thence running north twenty degrees 
east, gix hundred and sixty-five rods to a heap of stones on the 
farm of Stephen Newell, thence east eighteen degrees north, 
across the road leading over Fiske hill, thence from the easterly 
side of said road, pursuing the same course until the said line 
strikes the westerly side of a town road, thence on the westerly 
side of said road to the line between the towns of Sturbridge and 
Southbridge, thence following the boundary line of said towns to 
the first named corner, containing about six hundred acres, is 
hereby, with the persons residing thereon, set off from said town 
of Sturbridge to said town of Southbridge : provided^ that said 
territory, and all the persons residing thereon, shall be holden to 
pay to the town of vSiurbridge, all taxes granted and assessed on 
them before this act shall take effect : and provided further, that 
this act shall not take effect, unless within one year from its pas- 
sage, the town of Southbridge shall pay to the town of Stur- 
bridge the sum of eight hundred dollars towards the expense in- 
curred by said town of Sturbridge, in constructing a new county 
road, l^pril 6, 1839.] 

An Act in addilion to an Act to encourage the Production of Wheat. K^ilUJJ I J «7« 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The time mentioned in the act to which this is in addition, Time for pre- 
Within which claims shall be presented to the secretary ol the extended. 
Commonwealih, to reimburse towns for the amount paid by said 
towns for the production of wheat, is hereby extended to the 
first day of May next. [Jipril 6, 1839.] 

An Act in addilion to an Act to encourage the Production of Wheat. (.yflCtp 1 jCU. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloxos : 

The act passed the second day of March, one thousand eight Continuance of 
hundred and thirty-eight, entitled " an act to encourage the Pro- ["J^" '^^ '""' 
duction of Wheat," shall expire on the second day of March, 
one thousand eight hundred and forty-one. [April 6, 1839.] 

An .Act concerning Notes payable on demand. CllCtp I Z 1 , 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. I. In any action brought upon a promissory note Maker to have 
payable on demand, made after this act shall go into operation, saine (lofenpe 
by an indorser against the promissor, any matter shall be deem- sre as against 
ed a legal defence, and may be given in evidence accordingly, payee, 
which would be a legnl defence to a suit on the same note, if 
brought by the promissee. 



56 1839. Chap. 121—122. 

When demand Sect. 2. On any promissorv note payable on demand, 

must be made, ' , r i • in- • i i i i 

and notice giv- made alter this act shall go into operation, a demand made at the 
en, in order to expiration of sixty days from the date thereof without grace, or 
dorser. at any time within that term, shall be deemed to be made within 

a reasonable time ; and any act, neglect or other thing which by 
the rules of law and the customs of merchants is deemed equiva- 
lent to a presentment and demand, on a note payable at a fixed 
time, or which would dispense with such presentment and de- 
mand, if it shall occur at or within the said term of sixty days, 
shall be deemed to be a dishonor thereof, and shall authorize the 
holder of such note to give notice of the dishonor thereof to the 
indorser as upon a presentment to the proinissor and his neglect 
or refusal to pay the same. And no presentment of such note 
to the promissor and demand of payment thereof, shall be deem- 
ed to be made within a reasonable time, so as to charge the in- 
dorser thereof, unless made on or before the last day of said 
term of sixty days. 
Indorsers liable, Sect. 3. Upon all promissory notes payable on demand, made 
on notes'paya- ^^^^^ ^'"'s act shall go into Operation, the several indorsers there- 
bieata fixed of shall be liable, upon due and seasonable notice, given accord- 
^""®' iiig to the rules of law and the customs of merchants, of the dis- 

honor of such notes in the same manner and to the same effect 
as upon the dishonor of promissory notes payable at a fixed time, 
and not otherwise, [^pril 6, 1839.] 

C^hnn 1 22 •^" Act in addition to an Act to establish the Eastern Rail-road Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as follows : 

Sect. 1. The Eastern Rail-road Company are hereby au- 
thorized to locate and construct a branch rail-road, from some 
convenient point in the city of Salem, to the town of Marble- 
Route of branch head, on or near the following line, viz. — Leaving the main rail- 
Marb°ehead. ^'^^^ ^^ ^ point not less than four hundred feet westerly of Der- 
by's farm bridge, with a curve of about seven hundred feet in 
length on a radius of eleven hundred feet, thence in a direct line 
about four hundred feet, thence curved easterly about two hun- 
dred and twenty-five feet, on a radius of eleven hundred feet, 
thence direct, about south twenty-two and a half degrees east, 
for about twenty-five hundred feet, passing through the old Mor- 
gan brick yard, on the northerly side of the Forest river road, 
thence on a curve easterly, for about sixteen hundred feet, on a 
radius of thirteen hundred and fifty feet, crossing Forest river, 
about one hundred and seventy feet below the Forest river mills, 
thence by a reverse curve of nine hundred feet radius, for about 
twenty-seven hundred feet, passing south of Pine hill, thence 
nearly direct with some light curves, about sixty-seven hundred 
and twenty-five feet to a point near the Meiliodist meeting-house. 
Duties and and in the rear of the custom-house in Marblehead ; and in the 
powers in lay- ]aying out, construction and use of said branch rail-road, the said 

inff out road, in n i • n i • -i 

&,c. company shall possess all the powers, enjoy all the privileges. 



1839. Chap. 122—123. 57 

and be subject to all tbe liabilities which are granted to and im- 
posed upon them by their charter in reference to their main rail- 
road, and by the statute of one thousand eight hundred and thirty- 
seven, chapter two hundred and twenty-six, and by the statute of , 
one thousand eight hundred and thirty-eight, chapter ninety-nine. 

Sect. 2. The said company are hereby authorized and increase of 
empowered, by vote of the directors, to increase their capital ^'°'=''- 
stock by the creation of an additional number of shares, not ex- 
ceeding one thousand, to be assessed to the same amount as the 
shares which are already created by their act of incorporation are 
or may be assessed. 

Sect. 3. The said company are hereby authorized to con- Bridge tob« 
struct a suitable bridge, in a direction which shall be found most ^"'''• 
convenient for said rail-road across Forest river, below the For- 
est river mills, so called : provided^ that said company shall keep Draw provided 
and maintain a draw at the channel, where said bridge crosses it, for, <fcc. j 
of the width of twenty-five feet, with suitable piers for the pass- 
ing and repassing of vessels, free of toll ; and said company shall 
afford all reasonable accommodation to vessels having occasion 
to pass said draw, at all times, when a train of cars is not expect- 
ed before such vessels can pass : and in case said bridge shall 
cause any accretions in the said channel, between the bridge and 
said mills, which shall be injurious to them, the said company 
shall cause all such accretions to be removed within a reasonable 
time after they shall be thereto requested in writing, by the own- 
er of said mills ; and if said accretions shall not be so removed 
within a reasonable time, the said company shall be liable to pay 
to the owner of said mills all damages that may be occasioned 
thereby. 

Sect. 4. This act shall take effect from and after its pas- immediate ef- 
sage. [^priZ 6, 1839.] feet of act. 

An Act to incorporate the Eastham Fishing Company. KytlCip 1 Zo. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Barnabas F. Knowles, Richard Sparrow and Persons incor- 
Freeman H. Myrick, their associates and successors, are hereby P*""^'® ' 
made a corporation, by the name of the Eastham Fishing Com- 
pany, for the purpose of constructing a fish wear on the flat 
ground adjoining the upland of Henry Mayo, in Eastham, in the 
county of Barnstable, with leave to extend the same into the 
channel adjoining said flat ground, one fourth of the width there- 
of, for the purpose of taking fish ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities set 
forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. If any person shall take any fish from said wear, I'^n^'tJ:'"' ... 

. , .•'.';-., -1 I II r r •. J takmg fish with- 

without the permission of said corporation, he shall lorleit and out leave, &c. 
pay to them a sum not exceeding five dollars, if the quantity so 
taken be less than one hundred pounds ; but if the said quantity 
be more than one hundred pounds, he shall forfeit five dollars for 



68 1839. Chap. 123—125. 

every hundred pounds so taken, to be recovered in any court 
proper to try tlie same. 
Compensation Sect. 3. If any damage shall be done by said corporation 
for^damage, ^^ jjjg property of any person not a member thereof, such per- 
son shall be entitled to damage, to be estimated in the same man- 
ner as damages occasioned by the laying out of highways. 
l^prilG, 1839.] 

C^hnrt 1 '^A ■^" •'^*^^ '" iif'dition to an Act entilled " an Act to incorporate the Proprietors of the 
y^ivujJ 1 >i'*. ^^J^^^ Meeting-house in Salem, in the county of Essex." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Provisions con- The proprietors of pews in the meeting-house in Salem, in 
pews"lic.*'"° which the Rev. John Brazer officiates as pastor, their succes- 
sors and assigns, are hereby declared to be the same corporation 
made by the act to which this is in addition, with all the powers 
and privileges, and subject to all the duties, restrictions and lia- 
bilities contained in said act, so far as the same may now be ap- 
plicable to them, and in the twentieth chapter of the Revised 
Statutes ; and the said proprietors are hereby authorized to as- 
sess upon the pews in said meeting-house, according to the pres- 
ent or any future valuation thereof, any sums of money which 
shall hereafter be voted to be raised by them, for the support of 
public worship and other parochial purposes, and to collect all 
moneys so assessed in the manner provided by the thirty-second, 
thirty-third, and thirty-fourth sections of the chapter aforesaid. 
[Aj)nlS, 1839.] 

ChctV 126 ^" ^^"^ *'^ incorporate the Proprietors of the Northfield Bridge. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Persons incor- Sect. 1. James White, Richard Colton, Jonathan H. 

porated. -gj^j^^^ Samuel C. Allen, Jr., Elijah Mattoon, and William 

G. Woodward, their associates, successors, and assigns, are 
hereby made a corporation, by the name of " The Proprietors 
of Northfield Bridge," with all the powers and privileges, and 
subject to all the duties, restrictions and liabilities, set forth in the 
forty-fourth chapter of the Revised Statutes. 

When the Sect. 2. Tljc said proprietors are hereby authorized and 

DriQfifG IS lO DC • • • 

built, &c. empowered to erect a bridge over Connecticut river, in the town 

of Northfield, in the county of Franklin, at any convenient place 
between Prindle's ferry and Tifiliny's ferry, so called, where 
the said town of Northfield has a road or reserved land running 
westerly to the river, through Great Meadow ; or at any other 
point between the said ferries, when the inhabitants of said town 
of Northfield, at a legal meeting holden for that purpose, shall 
consent thereto. And the said bridge shall be well built of suit- 
able materials, at least twenty-six feet wide, and covered with 
planks, with sufficient rails on each side for the safety of passen- 
gers travelling thereon, and shall be kept in good repair at all 
times. 



1839. Chap. 125. 59 

Sect. 3. Atoll is hereby granted to the said proprietors, Rates of toll, 
and is established at the following rates, viz. — For each foot 
passenger, two cents ; for each iiorse and rider, six cents ; for 
each gig, sulky, or wagon, drawn by one horse, twelve cents 
and a half, and for each additional horse, four cents ; for each 
chaise, carryall, or covered buggy, sixteen cents, and for each 
additional horse, four cents ; for each coach, chariot, or phaeton, 
drawn by two horses, thirty-three cents, and for each additional 
horse, four cents ; for each cart, sled, or other carriage of bur- 
den, drawn by one beast, ten cents ; if drawn by two beasts, 
sixteen cents, and for each additional beast four cents ; for each 
baggage-wagon used in transporting merchandise, drawn by two 
beasts, twenty cents, and for each additional beast, four cents ; 
for each horse without a rider, four cents ; for neat cattle, asses, 
and mules, each, three cents ; for sheep and swine, each, one 
cent ; and one person, and no more, to each team, shall pass 
free from toll. And all persons who shall have occasion to pass Persons going 
the said bridge to perform military duty, and the iniiabitants of '° /^^^'1"|' *''^- 
the town of Nortlifield, when passing the said bridge, to attend 
town-meetings, or public worship at their usual place for the 
same, shall pass, with their necessary horses and carriages, free 
from toll. 

8ect. 4. The said tolls shall commence on the day of Toils to be ex- 
opening the said bridge, and shall continue for the term of fifty borrd.'' °" '*'^"* 
years ; and at the place of receiving the said tolls there shall be 
constantly exposed to view, a sign-board, with the said rates of 
toll fairly and legibly printed thereon. 

Sect. 5. The said corporation, at the time of opening the Account of ex- 
said bridge, shall cause a true account of the expenses of build- penses to be re- 

^-' I luriiGcl to SGcr6* 

ing the same, and also, at the end of every three years thereafter, lary. 
a true account of all receipts and disbursements on account of 
the same, to be returned into the office of the secretary of the 
Comtnonvvealih. 

Sect. 6. The said proprietors may, if they see cause, Tolls may be 
commute the said rates of toll with any person or persons, by commuted, 
taking of him or them a certain less sum, payable at any stated 
periods, instead of the tolls aforesaid ; or by taking of all per- 
sons less rates of toll than as before specified, the said proprie- 
tors first giving public notice of their intention so to do, by pub- 
lishing the same three weeks successively in any newspaper 
printed in the said county of Franklin, or, if there be none 
such, then in some newspaper primed in the county of Worces- 
ter or Hampshire. And the said corporation may hold land to Land, 
an amount not exceeding two thousand dollars, and may convey 
the same. 

Sect. 7. This act shall not take effect until the rights and Conditions upon 
powers of the proprietors of the Nortlifield bridge, as granted in goes 'into effect. 
an act passed the ninth day of March, eighteen hundred and 
eight, entitled " an act to incorporate a number of persons, for 
the purpose of building a bridge over Connecticut river, 
between Prindle's ferry and Mill Brook, in the town of North- 



built within six 
years, 



60 1839. Chap. 125—128. 

field, in the county of Hampshire ;" and also an act passed the 
eighteenth day of June, eighteen hundred and twelve, entitled 
" an act in addition to an act, entitled an act to incorporate a 
number of persons, for the purpose of building a bridge over 
Connecticut river, between Prindle's ferry and Mill Brook, in 
the town of Northfield, in the county of Hampshire ;" shall be 
surrendered, annulled, or otherwise extinguished, or transferred 
to the corporation by this act created. 
Bridge to be Sect. 8. If the said proprietors shall neglect, for the space 

of six years from the passing of this act, to build and finish the 
said bridge, then this act shall be of no effect, [^pril 8, 1839.] 

r^hnn T 9fi An Act in relation to tiie Charlestown Branch Rail-road Company and the Charles- 
VyllUJ^ l^\J, town Wharf Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 
Time extended. Sect. 1. The time for the completion of the Charlestown 
Branch Rail-road shall be extended to the first day of January, in 
the year one thousand eight hundred and forty-one. 
Investment by Sect. 2. The Charlestown Wharf Company are hereby 
wharf company authorized to invest such portions of their capital as they may 
' ' see fit, in the stock of the Charlestown Branch Rail-road Com- 
pany : provided, that the sum thus invested shall not exceed one 
hundred thousand dollars, in addition to the sum heretofore 
authorized to be invested in said branch rail-road company by 
said wharf company. [April 8, 1839.] 

ChciD 1 27. ■^'^ ^^^^ ''"' ''^® Punishment of Highway Robbery and Burglary. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloios : 
Robbers and 1( any person shall be convicted of either of the offences des- 

impfisoned fOT bribed in the thirteenth section of the one hundred and twenty- 
life, fifth chapter, or in the ninth section of the one hundred and twen- 
ty-sixth chapter of the Revised Statutes, he shall be punished by 
itnprisonment in the state prison for life, instead of the punish- 
ment of death, as is provided in said sections ; but this act shall 
not affect any case in which an indictment is now pending for 
either of said offences. [Jlpril 8, 1839.] 

Chnn 1 28 ^'^ ^^^ empowering the Village School District, in Greenfield, to raise money. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloios : 
District may Sect. 1. The inhabitants of the Village School District, 

^ise money, jj^ Greenfield, in the county of Franklin, are hereby authorized, 
from time to time, at any legal meeting called for that purpose, 
to raise money for the support of schools within said district, in 
addition to the sum raised by said town, in the same manner as 
school districts are now empowered by law to raise money for 
erecting or repairing school-houses ; and like proceedings shall 



1839. Chap. 128—130. 61 

be had in the assessment and collection thereof: provided, that District not to 
nothino; herein contained shall affect the ridit of said district to '?,^ deprived of 
Its distribniive snare ot the money raised by said town lor the money, 
support of schools. 

Sect. 2. The inliahitantsof said village school district may, Overseers of 
at a meeting duly called for that purpose, in March or April, ^^'^°°|j^'°''® 
annually, elect by ballot as many persons as they shall deem 
proper, who, together with the prudential committee of said 
district, shall constitute a board of overseers of the schools in 
said district, and shall have the general superintendence thereof. 

Sect. 3. This act shall not take eiTect until it shall have Conditions con- 
been accepted by a majority of the legal voters of said district, cernin^theact 

• I 1 II 1 r .1 . 1 1 • 1 II I ffoinffintoef- 

at a meeting duly called lor that purpose, and unless it shall be feet. 
approved by a vote of a majority of the legal voters of the town, 
at a meeting called for the purpose. \April 8, 1S39.] 

An Act to incorporate the New England Mutual Marine Insurance Companj-. C^hnT) 1 2Q 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John A. McGaw, Nathaniel Hamlen, Edward Persons incor- 
Cabot, their associates and successors, are hereby made a corpo- P°'^3'^'^- 
ration, by the name of the New England Mutual Marine Insu- 
rance Company, to be established in the city of Boston, for the 
purpose of making maritime loans and insurance against maritime 
losses, on the principle of a mutual insurance company ; with all 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in the thirty-seventh and forty-fourth 
chapters of the Revised Statutes, so far as the same are applica- 
ble to the corporation hereby created ; to continue for the term 
of twenty years. 

Sect. 2. The said company may hold real estate to the Estate, 
amount of thirty thousand dollars, and personal estate to the 
amount of ten thousand dollars, for the use thereof. 

Sect. 3. No marine policy shall be issued by said company Division of 
until application shall be made for marine insurance for the sum '""'•'is not lo be 
of five hundred thousand dollars ; and no division of any funds, piration of char- 
received by or remaining in the hands of said company, shall be '^''• 
made among the stockholders thereof, until the expiration of 
their charter ; but such funds shall be invested in securities and 
stocks, as are required by law of insurance companies now in- 
corporated. l^Jlpril 8, 1839.] 

An Act lo incorporate the Prison Discipline Society. ChttV 130. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Amos Lawrence, Samuel T. Armstrong, Louis persons incor- 
Dwight, their associates and successors, are hereby made a cor- pofa*^'*- 
poration, by the name of the Prison Discipline Society, for the 
purpose of improving prisons ; with all the powers and privi- 



62 1839. Chap. 130—131. 

leges, and subject to all the duties, restrictions and liabilities set 
forth in the forty-fourth chapter of the Revised Statutes. 

Estate. Sect. 2. The said society may hold real estate not exceed- 

ing the value of fifty thousand dollars, and personal estate not 
exceeding the value of fifty thousand dollars. 

Corporation to Sect. 3. The said corporation shall continue for the term 

yeaS"^""'"^ of thirty years. [Jlpril 8, 1839.] 

C/lCLT) 131 ■'^" ^^^ *° establish the Boston Lunatic Hospital. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

City council Sect. 1. The city council of the city of Boston are hereby 

authorized to authorized to erect and maintain a hospital, for the reception of 

erect hospital. . r • i i !•• ini i 

insane persons not luriously mad ; and provision shall be made 
for the comfortable support of all persons confined therein. 
May appoint a Sect. 2. The Said city council shall appoint a superintend- 
[nfendent."^^'^" ^"^' ^^'^"^ ^^all be a plivsician, and constantly reside at said hos- 
pital. 
May pass ordi- Sect. 3. The Said couucil shall have power to pass such 
busi*ii«s^and ^ '^ Ordinances as they may deem expedient for conducting, in a 
officers of the proper manner, the business of the institution, and for appointing 
ospita . gj^j^j^ other officers as, in their opinion, may be necessary. 

Who shall be Sect. 4. The inspectors of prisons for the county of Suf- 

theu*^dui^es.^" ^^^^ ^hall be inspectors of said hospital, and shall perform the 
like duties in relation to it that they are now by law required to 
perform in relation to the prisons in said county. 
Provision for Sect. 5. Whenever it shall be made to appear, on applica- 

by"judffe'of^ tion in writing to the judge of the municipal court in the city of 
municipal court. Boston, that any person is insane, not being furiously mad, the 
said jtidge is hereby authorized to order the confinement of such 
person in the said hospital : provided, that, upon the request of 
such person, the question of his sanity shall be tried by a jury 
Support of in- \^ gaid court. Such sum per week shall be allowed and paid, 
for the support of every such person confined as aforesaid, as 
the mayor and aldermen of the city of Boston shall direct ; and 
if, in any case, there shall be no parent, kindred, master, guard- 
ian, town or city, obliged by law to maintain the person so 
confined, and if he have no means of supporting himself, the 
same sum shall be paid out of the treasury of the Commonwealth, 
for his support, as may be allowed for other lunatic or insane 
Discharge state paupers ; and any person, committed as aforesaid by said 

judge, may at any time be discharged, when, in his opinion, 
such discharge would be for the benefit of the person so con- 
fined, or when, in his opinion, such person would be comfortably 
supported by any parent, kindred, friends, master or guardian, 
or by any town or city in which such person n)ay have a legal 
settlement ; and the said judge, jury, and other officers, and all 
witnesses, shall receive the same fees and compensation for 
services performed, and for attendance and travel, as are allowed 



1839. Chap. 131—132. 63 

by law for like services in criminal proceedings, to be taxed, 
allowed and paid in the same manner. 

Sect. 6. All insane persons who are now confined in the What persons 
house of correction or the house of industry in said city, or may ^^*'' '?^ "j""- 
hereafter be subject to confinement therein, and all lunatics, hospital, 
idiots, and other patients, who shall be removed from the slate 
lunatic hospital, at Worcester, to the city of Boston, by the 
trustees thereof, by virtue of the fourteenth and fifteenth sections 
of the forty-eighth chapter of the Revised Statutes, shall hereaf- 
ter be confined in the said Boston lunatic hospital. 

Sect. 7. Any lunatic or insane person, who may be con- Discharge of 
fined in said hospital, upon his removal from the state lunatic lunatics leceiv- 
hospital, as provided in the preceding section, may be discharged hospital, &c. 
therefrom by the mayor and aldermen of said city, whenever the 
cause of confinement shall have ceased to exist ; and said mayor 
and aldermen, whenever, in their opinion, such lunatic or insane 
person can in such manner be more comfortably provided for, and 
the safety of the public will not be endangered thereby, may pro- 
vide for his custody and support in other places than in said hospital, 
the said lunatic or insane person still continuing subject to the order 
and direction of the said mayor and aldermen ; or said mayor and 
aldermen may deliver him to the custody and care of any city or 
town in which he may have a legal settlement. The expense 
of so providing for such lunatic or insane person shall be re- 
imbursed in the same manner, and recovered by the same reme- 
dies as are provided in the sixteenth section of the forty-eighth 
chapter of the Revised Statutes : provided, that in no case shall 
the sum charged for such provision exceed two dollars and fifty 
cents per week. 

Sect. 8. All laws inconsistent with this act are hereby re- Repeal, 
pealed. 

Sect. 9. This act shall take effect from and after its pas- wiien to take 
sage. [Aprils, 1839.] ^fl"^^*- 

An Act further regulating the inspection of Pickled Fish. ChwD 13*^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The inspector general, and his deputies respect- Provision for 
ivelv, shall see that codfish toneues and sounds, halibut fins and p«<"king, brand- 
napes, and sword fish, intended for exportation, shall be prepar- tongues and 
ed, packed and branded in the manner provided by the twen- rounds, &c. 
ty-eighth chapier of the Revised Statutes. 

Sect. 2. All the articles named in the preceding section. Size and brands 
and all pickled fish, may be packed in kids or packages contain- "f kids or pack- 
ing less than one eighth of a barrel : provided, the number of 
pounds in such packages shall be branded thereon. 

Sect. 3. All herrings taken on the coasts of Nova Scotia, Package and 
Newfoundland, Labrador, or Magdalen Islands, and brought |"„'Pted°her- 
into this Commonwealth, shall be prepared, packed, inspected rings. 
and branded agreeably to the provisions of the aforesaid chap- 



64 1839. Chap. 132—134. 

ter of the Revised Statutes, and shall also be branded with the 
name of the place or coast where taken, [^^pril 8, 1839.] 

ChttJ) 1 33. ■'^" ^^^ relative to the Grammar School in Roxbury. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 
School always Sect. 1. The Grammar School in the easterly part of the 
to be free, &c. {own of Roxbury shall hereafter be deemed such a school as the 
town is required to maintain by the fifth section of the twenty- 
third chapter of the Revised Statutes : provided, that said school 
shall always be a free school, and shall in all respects fulfil the 
conditions of the section aforesaid : and provided also, that the 
statistics of said school shall be included in the annual return of 
the school committee of Roxbury. 
Powers of trus- Sect. 2 All the powers and duties assigned by law to 
^®^^' school committees shall pertain with respect to said Grammar 

School to the trustees thereof, solely agreeably to their act of in- 
corporation. 
Act to take ef- Sect. 3. This act shall take effect as soon as the town of 
feet when, &.c. J^oxbury, and the trustees of said school respectively, shall have 
accepted the same by legal votes, and made the necessary ar- 
rangements for complying with the first section hereof, and shall 
continue in force during the pleasure of said trustees and their 
successors, and no longer. [Jlpril 9, 1839.] 

C^hfltl 13-i ''^" ^^^ relating to the Fishery in Ipswich River. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Passageway to Sect. 1. The owncrs or occupants of the dam at Farley's 
forfiX"^^" mill, so called, in Ipswich, their successors and assigns, shall, 
within ninety days from tlie passage of this act, construct to the 
satisfaction and acceptance of the committee hereinafter named, a 
good and sufficient passage way for the fish to pass over said dam 
up Ipswich river ; and the said owners shall keep said passage 
way or cause the same to be kept open and in good repair from 
the tenth day of April, to the first day of June annually, under a 
penalty not exceeding twenty dollars for each and every day they 
shall neglect so to do, to be recovered in any court of competent 
jurisdiction, to the use of the town which shall sue therefor. 
Committee. Sect. 2. Charles Marston, of Barnstable, Elijah Swift, of 

Falmouth, and John Atkins, of Provincetown, shall be the com- 
mittee for the purpose named in the preceding section. 
Repealing Sect. 3. All provisions of law, inconsistent with this act, 

clause. gj.g hereby repealed. 

Act to ta'Ke im- Sect. 4. Tliis act shall take efl:ect from and after its pas- 
mediate effect. gggg_ [Jpril 9, I S39.] 



1839.— Chap. 135—138. 65 

An Act relaiing lo Ciimiiinl Prosecutions. C/UW 135. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The fines recovered in all prosecutions, of which the costs are Certain fines 

. , , , ^ I 1 r II 1 • 1 • I r I '"I'J costs to be 

paid by tl)e Coinmonvveahh, shall be paid into the treasury oi the paid into State 
Coinmonweallh. \Jlpril 9, 1839.] treasury. 

An Act concerning tlie Salary of the Attorney of the Commonwealth for the county CllCtp 136. 
of Suffolk. ^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The salary of tlie Attorney of the Commonwealth Attorney to be 
for the county of Suffolk shall be paid to him out of the treasury foremre'r'ac- 
of the Commonweahh, in equal quarterly payments, and he shall count to, State 
render to tlie said treasurer, a quarterly account of all fees, bills *'"'-'^^"'J' 
of cost, and moneys received by him by virtue of his office. 

Sect. 2. All laws inconsistent with this act are hereby re- 
pealed. [^pril9, 1839.] 

An Act concerning District Schools. C/lOp 137. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Whenever a town shall determine that teachers shall be select- provision for 
ed and contracted with by the prudential committees of the sever- electing three 
al districts, according to the provisions of the one hundred and prudemiai com- 
fifdi chapter of the laws of the year one thousand eight htindred miitee. 
and thirty-eight, such a town or district may elect three persons 
as a prudential committee, who shall perform all the duties pro- 
vided for in the twenty-fifih section of the twenty-third chapter 
of the Revised Statutes, [^pril 9, 1839.] 

An Act to regulate Fire Departments. ClwD 138 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Whenever any fire department shall hereafter be au- Organization, 
thorized to be established in any town, it shall be organized in the 
manner herein set forth, and the members thereof shall be 
governed by the provisions, and subject to the liabilities, and 
may exercise the powers, contained in this act. 

Sect. 2. The selectmen of any such town shall, in the Selectmen to 
month of April annually, appoint for their fire department as ^P^°"'andfiU 
many engineers as they may think expedient, not exceeding vacancies. 
twelve, who shall hold their offices for one year from and after 
the first day of May next succeeding, and until others are ap- 
pointed in their stead. And the selectmen may fill all vacancies 
which may occur in said offices. 

Sect. 3. The selectmen, immediately after the said ap- organization of 
pointment, shall issue a notice to each of said engineers, to engineers, 
meet at such time and place as shall be designated in such 
9 



66 1839. Chap. 138. 

notice ; at which meeting, tlie said engineers shall choose a chief 
engineer, a cleik, and such other cfHceis as ihey may deem 
necessaiy for their complete oiganizaiion. 
Engineors to Sect. 4. The Said engineers shall have and exercise the 

firewards— to" Same j)ovvers, in lelation lo the extinguishment of fires, which 
appoint engine- firewards may by law have and exercise ; and they shall exer- 
'"^"' ^' cise all the poweis, and perform all the duties, in relation to the 

nomination and appointment of enginemen, which selectmen 
now by law are required to exercise and perform. And they 
may appoint such number of men lo the engines, hose, hook, 
ladder, and sail carriages, and to constitute fire companies for 
the securing of properly, when endangered by fire, as they may 
think expedient : provided, that the number of men appointed to 
each hydraulion, or suction fire engine, shall not exceed fifty ; 
to each common engine, thirty-five ; to each hose-carriage, five ; 
to each hook and ladder and sail carriage, twenty-five ; and to 
each fire company, twenty-five men- 
Organization of Sect. 5. The said engine, hose, hook and ladder, and sail 
enfjiiiemen, &c. carriage men, and said fire companies, may oiganize themselves 
&c'/ ' into distinct companies, niay elect the necessary officers, and 

establish such rules, regulations and by-laws, as may be approved 
by the board of engineers, and may annex penalties to the 
breach of the same, not exceeding ten dollars in any case ; and 
the same may be sued for and recovered by the clerk of the 
company, and sliall be appropriated to the use of the company : 
provided^ such rules, regulations, and by-laws, shall not be 
repugnant to tiie constitution or laws of this Commonwealth. 
Privileges, du- Sect. 6. The said engineers, and all persons appointed by 
* T^' "f*^ &c ^"' ^'^^"^' ^5 provided in tl)is act, shall be subject to the same duties 
and liabilities, and be entitled to the same privileges and ex- 
emptions as enginemen, may by law be subjected and entitled to 
when appointed by selectmen. 
Engineers to Sect. 7. The boards of engineers shall have the care and 

ffi'nYs'^aiidoiher Superintendence of the public engines, hose, fire-hooks, ladder- 
fire apparatus, carriages, and ladders, in their respective towns, together with 
the buildings, fixtures and appendages thereto belonging, and all 
the pumps, reseivoirs for water, and all apparatus owned by the 
towns and used for extinguishing fires, and shall cause the same 
to l)e kept in repair, and, when worn out, to be replaced, and, 
from time to time, shall make such alterations therein, and ad- 
ditions thereto, as they shall deem necessary : provided^ such 
alterations, additions or lepairs shall not, in any one year, ex- 
ceed the sum of one hundred dollars, unless the town shall have 
authorized a larger approjiriaiion. 
Engineers may Sect. 8. The board of engineers, established according to 
i'o'ca'ri'"ing«re, ^''^ provisions of tliis act in any town, may, at any meeting 
lighted niaicli- thereof, establish such rules and regulations as they may judge 
streets ^'c. proper, to prohibit or regulate the carrying of fire, firebrands, 
lighted matches, or other ignited materials, openly in the streets 
or thoroughfares of such town, or such parts thereof, as they 
may designate, or to prohibit any owner or occupant of any 



1839. Chap. 138—139. 67 

building within such town, or such pnrt tliereofas the said board 
may designate, from erecting or niainiaining any deCeciive chim- 
ney, hearth, oven, stove, or stove-pipe, fire-liame or other fix- 
ture, deposite of ashes, or any mixture or other niaterial, which 
may produce spontaneous combustion, or whatever else may 
give just cause of alarm, or he the means of kiudhng or spread- 
ing fires. And they may also, from time to tifue, make and Oiher general 
ordain rules and regulations for their own government, and for p°e vemh?* '&c 
the conduct of citizens present at any fire, and may annex pen- lires. 
allies for the breach of any such rules, ordinances and regula- 
tions, not exceeding twenty dollars for any one breach thereof; 
and the same may be prosecuted for, and recovered, by the 
chief engineer, in his own name ; and all penalties, so recov- 
ered, shall be appropriated by the engineers to the improvement 
of the fire apparatus of tlie town : provided, that such rules, 
ordinances, and regulations shall not be repugnant to the con- 
stitution or laws of this Commonwealth, and ihey shall not be 
binding until approved by the inhabitants of the town, in legal 
meeting held for the purpose, and published in the manner in 
which the town shall direct. 

Sect. 9. No act hereafter passed, establishing a fire de- Future acts es- 
partment in any town, shall take effect, until it is accepted and depln'menisnot 
approved by the inhabitants of such town, at a meeting held for lo latie effect 
the purpose. And when such fire department shall be estab- towu*s'i*''pmvis^ 
lished, subject to the duties and liabilities, and with the powers ioimi repeal. 
and privileges, and governed by the provisions of this act, all 
laws inconsistent with the provisions of this act, or with the 
provisions of the act establishing such fire department, shall be 
repealed, so far as they may apply to such town. \j^^pril 9, 
1839.] 

All Act concerning tiie Assessment of Taxes. K^llCip \oVt 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. All stocks in trade, including stock employed in Where stocit in 
the business of manufacturing, or of any of the mechanic arts, in [,'e^'iaxe^^"*''^'^ 
towns within the State, other than where the owners reside, 
shall be taxed in those towns, if the owners hire or occupy man- 
ufactories, stores, shops or wharves therein, whether ihe said 
stocks in trade, or the goods, wares and merchandise or other 
property composing or forming a part of the same, are within 
said towns on the first day of May, of the year when the tax 
is made, or elsewhere. 

Sect. 2. All ships or vessels, at home or abroad, and all Where ship-, 
horses employed in stages or other vehicles for the transporta- *?^S^e''tax. 
tion of persons, shall be taxed to the owners in the towns where ed. 
they reside. 

Sect. 3. This act shall take effect from and after its pas- When to take 
sage. [Jlpril 9, 1839.] 



68 1839. Chap. 140—141. 

f^hnn 1 40 "^^ ^^^ concerning llie taking of Depositions to perpetuate Testimony. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Rcstriciions as Sect. 1. If, at the time and place appointed for taking a 

to the rii;hi of clenosition to perpetuate the testimony of any witness, according 

taking cU'posi- ', ..^'/,, . ,- , ,•' rin-i 

tions, when ob- to the provisions o( the ninety-lourth chapter ot the Kevised 

jections are ill- Statutes, ihe said witness or any person interested, shall appear 

erpose . ^^^ object to the taking of sucli deposition, the justices before 

whom the same is appointed to be taken, shall not proceed to 

take the same, unless, on hearing the parties, it shall be made 

satisfactorily to appear, that such testimony may be . mateiial to 

the j)etitioner, and is not souglit for the purpose of discovery, or 

of using the same in any suit then pending, or thereafter to be 

brought against said witness, and that the petitioner is in danger of 

Josing the same before it can be taken in any suit, wlierein his 

right, title, interest or claim can be tried ; and in all cases, the 

petitioner, his agent or attorney, shall, at the request of such 

witness, or any person interested in said deposition, be examined 

on oath in relation to the reasons for taking the same. 

Provision for Sect. 2. Whenever, in tiie opinion of said justices, there 

giving notice to jg ,-,0 sufficient provision ah'eady made by law for giving notice 

patties adverse- • i 1 • , 1 . ^ .1 . 1 • r 1 

iy interested, to jiartics adversely interested to appear at tlie taking ot such 
testimony, said justices shall cause such reasonable notice to be 
given as to them shall seem proper. 

Repeal. Sect. 3. All acts and parts of acts inconsistent with the 

provisions hereof are hereby repealed. [^Jlpril 9, 1839.] 

Chctp 141 . An Act to change ttie Names of ttie several persons ttierein mentioned. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 
Suffolk. Joshua Leach may take the name of John Colburn Leach ; 

Abijah Adams Hill, a minor, may take the name of Adams 
Sherman Hill ; Sarah Blynn may lake the name of Sarah Sher- 
man ; James Henry Brewer may take the name of .James Henry 
Beal ; Eliza Beal Brewer may take the name of Eliza Beal ; 
Adela .Tulia Ann Stitz, a minor, may take the nameofAdela 
Julia Ann Bogardus ; Sarah Vose may take the name of Sarah 
Baxter Vose ; Nathan Kingslcy may take the name of Nathan 
Phinney Kingsley ; Amelia Giraud Laponte may take the name 
of Amelia Giraud ; George Samuel Eldridgemay take the name 
of George JMiller ; Edward Darley Jones Boit may take the 
name of Edward Darley Boit ; Patrick Monks may take the 
name of John P. Monks ; James Barnard may take the name 
of James Munson Barnard ; Harrison Latham may take the 
name of Harrison Whitman Latham ; .lohn Collins may take the 
name of .Fohn H. Collins ; Dolly Richardson may take the 
name of Eliza Richardson ; Matilda Dockum may take the name 
of Matilda Mason ; Louisa Dockum may take the name of 
Louisa Mason ; Tabitha Read Nolen may take the name of 



1839. Chap. 141. 69 

Elizabeth Read Nolen ; Mary Elizabeth Varney Mickell may 
take the name of Mary Elizabeth Varney Granville ; Lovet 
Stiinson, Jr. may take the name of Alexander Lovet Stimson ; 
Henry Murphy, of Chelsea, may take the name of Henry James 
Adams ; iSamuel Nathan Moore, a minor, of Boston, may take 
the name of Orrin Samuel Nathan Moore ; Elizabeth Minot may 
take the name of Elizabeth Augusta Minot; Hannah Tirrell may 
take the name of Hannah Snell Tirrell ; William Wheeler, of 
Boston, may take the name of William Zenas Wheeler ; — all of 
the county of Sufiblk. Daniel Fortesque Currier, of George- Essex, 
town, may lake the name of Edward Fortesque Currier ; Emer- 
son Gould, of Topsfield, may take the name of Emerson 
Prescott Gould ; Alexander Hamilton Jordan, his wife Mary 
Ann Jordan, and their infant child Mary Ann Jordan, may 
severally take the surname of Hamilton ; Alfred Davis, of Lynn, 
may take the name of Henry Alfred Davis ; Moses Bachelor, 
of Lynn, may take the name of William Frederick Bachelor ; 
Blaney Ingalls, of said Lynn, may take the name of Augustus 
B. Ingalls ; Andrew Jackson Morrill, a minor, of Salisbury, 
may take the name of Albert Morrill ; Eliza Ellen Hazeliine, of 
Lynn, a minor, may take the name of Eliza Ellen Hilton ; 
Elizabeth Ann Mardin, a minor, of Danvers, may take the name 
of Elizabeth Jane Bomer ; Eliza White, of Newbtiryport, may 
take the name of Elizabeth While ; Deborah Ramsdell, of 
Lynn, may take the name of Debora!) Burnell Ramsdell ; Mar- 
garet Rogers, a minor, of Ipswich, may take the name of 
Margaret Brown Rogers ; Sarah Sargent may take the name of 
Sarali Louisa Sargent ; Dolly Sargent may take the name of 
Dolly Greeley Sargent ; Caroline Sargent may take the name of 
Caroline Pilsbury Sargent, severally of Amesbury ; Albert 
Williams Bridge, of Andover, a minor, may take the name of 
John Albert Bridge ; George William Entwistle, of Lynn, may 
take the name of George William Fuller ; Warner Choate 
Burroughs, and his wife Nancy Burroughs, and their daughter 
Charlotte Augusta, may severally take the surname of Choate, 
all of Beverly ; Bradstreet Emerson Davis, of Boxford, may 
take the name of Willard Hubbard Davis ; an adopted child of 
Andrew Howarth, bearing the surname of Johnson, of Salisbu- 
ry, may take the name of Helen Elizabeth Howarth ; Adna 
Bailey, of Danvers, may take the name of Edward Forrest 
Bailey ; Abijah Mason, of Andover, may take the name of 
Horace Mason ; William Herrick, the fifth, of Beverly, may 
take the name of William Lovett Herrick ; Barnard Lunaway, 
of Gloucester, may take the name of Barnard Stanwood ; Edith 
Swinerton Goodale, of Danvers, may take the name ol Caroline 
Augusta Goodale ; Charles Adamas Lowell, of Georgetown, 
may take the name of Charles Mason ; Charles Osgood Friiik, 
of Newbury, may take the name of Charles Osgood Morrill ; 
Isaac Crampesy, of Beverly, may take the name of Isaac Stand- 
ley Crampesy ; William Jennings, of Georgetown, may take 



70 



1839.- 



•Chap. 141. 



the name of William Adams Miinroe ; Elizabeth Huntoon, o 
Georgetown, may take the name of Elizabeth Sleeper ; Polly 
Latinie Bmdett, of Lynn, may take the name of Alary Eliza- 
beth Burdett ; William Adams, of Georsjeiovvn, may take the 
name of George Washington Adams ; William Putnam, of 
Danvers, may take the name of William Newton Putnam ; Sa- 
rah Emerson Folansbee, of Newburyport, may take the name of 
Sarah Folansbee Emerson ; Mercy Dodge Foster, of Rowley, 
may take ihe name of Eliza Caldwell Foster ; — all of the county- 
Middlesex, of Essex. Timothy Carter, Jr. of Wilmington, may t;ike the 
name of Timothy Jaques Carter ; William McConihe, of 
Lowell, may take the name of William Conihe ; Charles Ed- 
ward Sisson, of Cliarlestown, a minor, may take the name of 
Walter Jefferds Sisson ; Mary Fletcher, of Westford, may 
take the name of Mary Elizabeili Fletcher ; William Leland, of 
Sherburne, may take the name of William Wallace Leland ; 
Samuel Parker Shattuck, of Pepperell, may take the name of 
Samuel Pepperell Shattuck ; — all of the county of Middlesex. 
Worcester. Abigail H. Edwards, and Parnal M. Edwards, minor children 
of Philip Edwards, deceased, may severally take the surname of 
Crosby, severally of the town of Holden ; Dolly A. Greene, 
of Lancaster, may take the name of Elizabeth Foster Greene ; 
Isaac Pierce Damon, of Holden, may take the name of Isaac 
Damon ; Paul Wheelock, of Charlton, may take the name of 
John Adams Wheelock ; William W. Collier, of Rutland, may 
take the name of Warren Collier ; William Henry Scott Green- 
leaf, of Worcester, may lake the name of William Greenleaf; 
Charles R. Houghton, of Princeton, may take the name of 
Charles H. Allen ; Jesse D. Partridge, of Princeton, may take 
the name of Edward Merrick ; Jonathan Allen, of Princeton, 
may take the name of Jonathan Moses Allen ; Albee C. Guil- 
]ow, of Worcester, may take the name of Albee C Wright ; 
Aaron Hognboom, of Brookfield, his wife Susanna, and their 
son Charles Henry Hogaboom, may severally take the surname 
of Piirker ; Hector .Jackson, of Souihbridge, may take the name 
of Vernon Heman Jackson ; Altamont Rice, ol" Northborough, 
may take the name of Dennis Rice ; Eliza Knight, of Dudley, 
may take the name of Eliza Alzada Uphain ; Patience Bancroft 
Brown, of Templeton, may take the name of Maria Jane Ban- 
croft Brown ; Alothina Barilett Howe, a minor, of Northbor- 
ough, may take the name of Ellen Frances Gertrude Howe ; 
Benjamin House, of Fitchbnrg, may take the name of Benjamin 
.Julius House ; James McFarland Barnes, of Rutland, and his 
wife Mary Ann D. C. Barnes, may take the surname of Haynes ; 
Ira Barton, of Worcester, may take the name of Ira Moore 
Barton ; Horace Tarbell, of Lconiinster, may lake the name of 
Horace Wilson Tarbell ; Frances Asenaih Swan, of Westmin- 
ster, a minor, may lake the name of Frances Swan Ames ; 
Elbridge G. Smith, of Douglas, may lake the name of Elbridge 
G. Wallace ; — all of the county of Worcester. Lewis Ingraham, 



1839. Chap. 141. 71 

of SoMili Hadley, may take the name of Lewis Burnett Ingra- Hampshire, 
ham ; Ezekiel Brown, of Greenwicli, may lake the name of 
Harrison Richard Brown ; WilHam Smith, the third, of Hadley, 
may lake the name of WilHam Austin Smith; Phineas Frank- 
lin Everett, of Worthington, may lake the name of Franklin 
Everett ; Jonas Peiingell, of Belchertown, may take the name 
of Jonas INlelville ; Zebina Montague, of Amherst, may take 
the name of Zebina Clinton Montague ; Russell Searl, of South- 
ampton, may take the name of Josiah Russell Searl ; — all of 
the county of Hampshire. Hawley Russell, a minor, of Hampden. 
Russell, may lake the name of Hawley Stimson ; Augustus 
Russell, a minor, of Russell, may take the name of Augustus 
Lyman Dimmock ; John Smith, of Granville, may take the 
name of John Phelps ; Eli Hoar, Hannah H. Hoar, and their 
minor children, George Milton Hoar, Jane Frances Hoar, and 
Ames Hunn Hoar, all of Springfield, may severally take the 
surname of Hobart ; John Carle Cranska, Abigail Cranska, 
and their children, Mary Ann Cranska, John Clark Cranska, 
Samuel Fiske Cranska, and Abigail Cranska, all of Brimfield, 
may severally lake the surname of Draper ; Hannah Parker, of 
Brimfield, a minor, may take the name of Hannah Holmes ; 
Lucy Ann Belden, of Montgomery, may lake the name of Lucy 
Ann Baker ; — all of the county of Hampden. Charlotte Clark, of Franklin. 
Whately, may take the name of Charlotte Maynard Clark ; 
Franklin Severance, of Shelburne, may lake the name of John 
Franklin Severance ; George Gould, of Heath, may take the 
name of George Adams ; Polly Priscilla Belden, of Sunderland, 
may take the name of Polly Baker ; Lucy Ann Belden, of Sun- 
derland, may take the name of Lucy Ann Baker ; Philander 
Root Death, of Deerfield, may take the name of Philander Root 
Dickenson ; Josiali Puffer, of Sunderland, may take the name 
of Josiah Osgood Pufier ; Parisatis Scott, of Whately, may 
take the name of Maria Scott ; — all of the county of Franklin. 
Williain Jarvis Babbitt, a minor, of Savoy, may take the name Berkshire, 
of William Snellen! Babbitt ; Luther Patch, of North Adams, 
may take the name of Luther Corydon Homer ; — all of the county 
of Berkshire. Irene Rhodes, a minor, of Walpole, may take Norfolk. 
the name of Lene Rhodes Harding ; Patrick Glynn, Jr., of 
Roxbury, may take the name of Henry Glynn ; Amaziah At- 
kins Cooke, of Quincy, may take the name of Henry Atkins 
Cooke ; — all of the county of Norfolk. Albert A. Cornell, of Bristol. 
New Bedford, may take the name of Albert A. Brownell ; Sa- 
rah B. Chase, a minor, of Somerset, niay take the name of 
Sarah B. Slade ; Susannah Chase, of Somerset, may lake the 
name of Susan Chase ; Oiis Little, of New Bedford, may take 
the name of Otis Laforest Little ; — all of the county of Bristol. 
Elisha Freeman, the third, of Middleborough, may take the Plymouth, 
name of Elisha Eddy Freeman ; Thomas Rogers, the third, 
of Marshfield, may take the name of Thotnas William Rogers ; 
Albegence Lee, of Bridgewaier, may take the name of Albert 



72 1839. Chap. 141—142. 

Barnstable. Lee ; — all of the county of Plymouth. Joshua H. Crovvell, of 
Dennis, a minor, may take the name of Nathan Crovvell ; Orpha 
Gage, of Yarmouih, may take the name of Olive Gage ; Lean- 
der Crowell Furnell, of Yarmouth, may take the name of Lean- 
der Crovvell ; Patty Crowell, a minor, of Yarmouih, may take 
the name of Martha Crovvell ; John Thomas Bourne, of Fal- 
mouth, a minor, may take the name of John Barachiah Bourne ; 
Mary Alexander Baker, a minor, of Yarniouth, may take the 
name of Abhy Kelley Baker ; — all of the county of Barnstable. 
And the several persons before mentioned, from and after the 
passing of this act, shall be known and called by the names, 
which by this act they are respectively allowed to assume, as 
aforesaid ; and said names shall hereafter be considered as their 
only proper and legal names, to all intents and purposes. \_^pril 
9, 1839.] 

ChcfD 142. ^^ ^^^ providing' for the appointment of Public Administrators. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Provision for Sect. 1. From and after the passage of this act, one or 

niiiii"tia"(frs^ on ^^^^^ suitable persons in each county of this Commonwealth 
estates of per- shall be appointed, by the governor and council, to serve as pub- 
hdrV^&c"— ^"^ administrators, in and for said county, during the pleasure of 
their duties, the executive ; and it shall be the dtjty of every such public ad- 
^^' ministrator to lake out letters of administration, and faithfully 

administer upon the estate of any person who may die intestate 
in such county, leaving no heir or kindred in this Commonwealth, 
who, by law, can inherit such estate. And such public admin- 
istrator sliall give bond to the judge of probate, within his coun- 
ty, for the faithful performance of the aforesaid duty, as other 
administrators are now required, by law, to do, and in like man- 
ner shall account to the judge of probate. And when such 
estate shall have been fully administered upon, and the debts 
paid according to law, such public administrator shall deposite 
the whole amount that may remain in his hands, witli the treas- 
urer of the Commonwealth for the time being, who shall receive 
the same, and hold it for the benefit of those who may have 
lawful claims thereon. 
Provision for Sect. 2. Whenever letters of administration shall have 

adm*ini!;uaimn ^^^" granted as aforesaid, and before the estate shall have been 
&,c. on appiica- fully settled, one or more of the lawful heirs of the intestate 
ceased's^heirs" ^'^^'^ make application in writing to the court granting said letters, 
and shall claim the right to administer, or request that some 
other suitable person be appointed to administer on said estate, 
the said court shall grant letters accordingly, and lake the requi- 
site bond. And the public administrator appointed as aforesaid, 
being thereunto required, shall surrender and deliver up his said 
letters of administration into the said court, with an account of 
his doings therein, under oath ; and upon a just settlement of 
said account, shall pay over to his said successor all sums of 



1839. Chap. 142. 73 

money remaining in his hands, and also deliver to him all the 
property, eiFects, and credits of said deceased, not administered 
upon ; and a condition to this effect shall he inserted in all 
bonds given by public administrators. 

Sect. 3. Judges of probate, in their respective counties, Probate courts 
shall have power to grant license to public administrators, for "^^^^^^^^-^"^31^^. 
the sale of real estate of intestates committed to them for late by public 
administration for the payment of the debts of such intestates fo'l7"yment of 
and charges of administering the estate, to the same extent as debts, 
they are now empowered to grant license to other administrators 
for like purposes, and subject to the same provisions and limita- 
tions. 

Sect. 4. Judges of probate in their respective counties And may also 
shall have power to grant license, in like manner, to any public purpose to^ *" 
administrator, to sell at public auction the real estate of any in- placing the 
testate administered upon as herein before directed, after the ex- ^uteMeasury. 
piration of three 3'ears from the date of said letters of adminis- 
tration, although the same shall not be needed for the payment 
of demands against such estate, provided it shall be made to ap- 
pear to the satisfaction of the judge of probate that it will be for 
the interest of ail concerned that said estate should be sold. 
And any public administrator, so authorized, shall give due no- 
tice of such sale, as in like cases is now required by law ; and 
before fixing the time and place of sale, shall give the like bond, 
and take the like oath, prescribed by law in the case of sales of 
real estate by other administrators. And the net proceeds of 
such sale shall be deposited with the State treasurer, in conform- 
ity with the provisions of the first section of this act. 

Sect. 5. Judges of probate in their respective counties, Public adminis- 
shall require public adininistrators, in such counties, to render der a'ccouiu"' 
an account of their proceedings under any letters of administra- suits on theij 
lion as aforesaid, at least once in each year, until the said trust ^°"^^- 
shall have been fulfilled. And whenever, upon a final settle- 
ment, it shall appear that monies remain in the hands of any 
public administrator, which, by law, should have been deposited, 
as required by this act, the judge, before whom such account 
is adjusted, shall certify that fact, and also a statement of the 
amount so withheld, to the State treasurer, whose duty it shall 
be, unless such deposite be made within one month after the re- 
ceipt of such notice, to cause the probate bond of said public 
adtninistrator to be prosecuted for the recovery of the same. 

Sect. 6. If at any time within six years after such deposite Provision for 
shall have been made with the State treasurer, as aforesaid, any ^keadminis- 
person shall apply to the judge of probate who granted said let- tration and re- 
ters of administration, and shall make it appear to the satisfac- prop^erty^paid^ 
tion of said judge, that he is legally entitled, by the will of the into the siato 
deceased, or otherwise, to the administration of said estate, the "'^^^"'■y- 
judge of probate shall grant administration thereof, or, upon 
probate of such will, sliall grant letters testamentary to such ap- 
plicant, or to some other suitable person, at his request ; and the 
State treasurer is hereby authorized and required, after the expi- 
10 



74 



1839. 



-Chap. 142—143. 



ChapU3. 



Persons incor- 
porated. 



Route of the 
rail-road. 



ration of thirty days from the appointment of such administrator, 
or the probate of said will, and granting said letters testamentary, 
if no appeal is claimed from the decision of the judge of probate, 
to pay over to such executor or administrator such sum of 
money as shall have been deposited in the State treasury to the 
credit of said estate ; and such obligations shall be required by 
said judge of probate, such notices given, and such proceedings 
in all respects had, as by lavi^ are provided in the disposition of 
the estates of other deceased persons : provided^ that before 
granting administration anew, as in this section provided, the 
judge of probate shall order personal notice to be served on the 
public administrator of the county, for the time being, that such 
application has been made, at least fourteen days before the 
hearing thereof, and said administrator shall attend on behalf of 
the Commonwealth, and either party may appeal from the deci- 
sion of the judge of probate to the supreme judicial court, and 
the proceedings on such appeal shall be the same as the law re- 
quires in other cases of appeal from the decrees of the judge of 
probate. [Jpril 9, 1839.] 

An Act to iiicorporale the Nashua Rail-road Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Benjatnin Butman, JamesG. Carter, Sampson V. 
S. Wilder, their associates and successors, are hereby made a 
corporation by the name of the Nashua Rail-road Company, wiih 
all the powers and privileges, and subject to all the duties, re- 
strictions and liabilities set forth in the forty-fourth chapter of the 
Revised Statutes, and in that part of the thirty-ninth chapter of 
said Statutes, relating to rail-road corporations, and in the Stat- 
utes of one thousand eight hundred and thirly-seven, cha|)ter two 
hundred and twenty-six, and in the Statutes of one thousand 
eight hundred and thirty-eight, chapter ninety-nine. 

Sect. 2. The said company may construct a rail-road, com- 
mencing norih of the termination of the Boston arid Worcester 
rail-road in Worcester, in the county of Worcester, thence run- 
ning in a northerly direction in the most eligible route to and 
through a part of the town of West Boylslon, to the valley of 
Mtiddy brook, thence to the valley of the Nashua river, thence 
along the valley of said Nashua river, through the towns of Boyls- 
ton, Lancaster, Bolton, Harvard, Shirley, Groton, Pepperell, 
and Dunstable, to the line of the State of New Hampshire ; or 
said company may commence their rail-road at a point within 
said town of Woicestcr, near the Boston and Worcester 
railway, eastward of the "dee]) cut," so called ; thence running 
in a northerly course along the west side of Long pond, thence 
through the northwestern part of Shrewsbmy, and entering 
Boylslon near the southwest corner of said town, thence pass- 
ing east of Pout pond and near the north end of Spruce pond 
to Muddy brook, aforesaid, thence along Muddy brook to the 
valley of the Nashua and the route first herein described. 



1839. Chap. 143—145. 75 

Sect. 3. The capital stock of said corporation sliall not ex- Capital stock, 
ceed fifteen hundred tijousand dollars, and shall be divided into 
shares of one hundred dollars each ; and said corporation may 
invest and hold such part thereof in real estate, as may be neces- 
sary and convenient for the purposes of their incorporation. 

Sect. 4. The Legislature may, after the expiration of four Tolls may he 
years from the time when the said rail-road shall be opened for ?i'<"f«'^' ^y ^^S- 
use, Jrom time to tune, alter or reduce the rate ol tolls or other 
profits upon said road ; but the said tolls shall not, without the 
consent of said corporation, be so reduced as to produce, with 
said profits, less than ten per cent, per annum. 

Sect. 5. If said cor[)oration be not organized, the location Act to t)e void 
of that part of their road within the county of Worcester, filed events!''" 
with the commissioners of said county, and the location of that 
part of their road within the county of Middlesex, filed with the 
commissioners of that county, within three years from the pas- 
sage of this act, or if the said road shall not be completed with- 
in six years from the passage of this act, then this act shall be 
void. [J]prilO, 1839.] 

An Act concerning Taxes for the Repriirs of Highway's. CllttT) 144. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled^ and by the authority of the same, 
as follows : 

When any town shall, by vote, direct that a part of the money Provision for 
raised to be expended in labor and materials on the highways and xvaN^'i^axef aUer 
townways, shall be expended in the months of March or April, iheex|)iraiionof 
of the year succeeding that in which it is raised, the surveyors o f {{^^^ ^g'j.g*'^^ " 
highways chosen for the year in which such money is raised, are sessed. 
authorized and required to expend the same according to the di- 
rections of such vote: provided, that if the same is thus directed 
to be expended after the surveyors of highways, for such suc- 
ceeding year, are chosen and qualified, it shall be expended by 
the surveyors having such tax committed to them, under the di- 
rection of the surveyors of such succeeding year, having charge 
of the repairs of the highways and townways in the district in 
which the same is to be thus expended, [^pril 9,' 1839.] 



An Act to aid tlie coniplelion of tlie Boston and Portland Itail-road. 

BE it enacted by tlie Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. The treasurer of this Commonwealth is hereby 
authorized and directed to issue scrip or certificate of debt, in the 
name and behalf of the Commonvvealih, for the sum of fifty 
thousand dollars, bearing an interest of five per cent, per annum, 
payable semi-annually at the office of said treasurer, and redeem- 
able at the same place, at the expiration of twenty years from 
the first day of August next ; which scrip or certificates shall 
be deemed a pledge of the faith and credit of the Commonwealth 
for the redemption thereof : and the said treasurer shall deliver 



ChapHB, 



76 1839. Chap. 145—146. 

said scrip or certificates of debt to the treasurer of the Boston 
and Portland Rail-road Corporation, for the purpose of enabling 
said corporation to complete their rail-road to the line of the 
State, on such conditions as are hereafter provided. 

Sect. 2. When said corporation shall have completed the 
graduation of their rail-road from its present termination to the 
line of the State, at the junction of the Boston and Maine rail- 
road in New Hampshire, the treasurer of the Commonwealth 
shall deliver to the treasurer of said corporation scrip or certifi- 
cates, issued as aforesaid, to the amount of fifty thousand dollars: 
provided^ that before any such scrip or certificates shall be de- 
livered to the treasurer of said corporation as aforesaid, said 
corporation shall furnish evidence satisfactory to the governor 
and council that said road has been completed in the manner 
herein provided. 

Sect. 3. This act shall not take efiect until said corpora- 
tion, at a meeting of the stockholders, duly notified for that pur- 
pose, shall have assented to all the provisions of the sanie, and 
have executed to the Commonwealth a bond in such form as the 
attorney general shall prescribe, conditioned that said corporation 
shall indemnify and save harmless the said Commonwealth from 
all liability on account of said scrip or certificates, and shall pay 
all interest thereon, as the same shall fiill due, at the office of 
the treasurer of the Commonwealth, until the principal sum or 
sums thereof shall be paid by said corporation ; and shall pay, at 
the office of said treasurer of the Commonwealth, the principal 
sum or sums aforesaid, one year before the same shall become 
redeemable by the Commonwealth ; and shall also convey, by a 
suitable instrument to be prepared for that purpose, under the 
direction of the attorney general, all tiieir interest in the whole 
road, from its junction with the Boston and Lowell rail-road to 
its junction with the Boston and Maine rail-road, and its income 
and all property and franchise thereto belonging, as a pledge or 
mortgage to secure the performance of all the conditions of said 
bond. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [April 9, 1839.] 



Chapim. 



An Act concerning Houses of Correction. 

BE it enacted by the Senate and House of RepresentativeSf 

in General Court assembled, and by the authority of the same, 

as follows : 

Keepers not Sect. I. No master or keeper of any house of correction 

required lo ghall hercafier be required to keep the accounts which are now 

ket^p accounts . , , , ,' , , '. ^ . • . /. , 

as formerly. reqiured to be kept by them, by virtue ot the provisions ot the 

twenty-fourth section of the one hundred and forty-third chapter 

of the Revised Statutes ; and the twenty-sixth section of said 

chapter is hereby repealed. 

What expense Sect. 2. No master or keeper of any house of correction 

recTver'oF ^hall have a right to demand and recover of any city or town in 

towns, or pris- which any person sentenced to such house of correction has a 

oners' kindred. 



1839. Chap. 146—147. 77 

lawful settlement, or of any kindred of such person liable by law 
to maintain him, any further or greater sum than the amount of 
the personal expenses of the maintenance of such person during 
his confinement therein, deducting therefrom such sum as he 
may have earned by his personal labor : provided, that this sec- 
lion shall not apply to any claim which the master or keeper of 
the house of correction in the city of Boston may have upon said 
city, for expenses incurred in said house of correction. [^^Spril 
9, 1839.] 

An Act making' appropriations for the Current Expenses of the Government during C/ldJ) 147. 
tiie present year. -* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The following sums are hereby appropriated for 
the current expenses of the Commonwealth during the present 
year, to be paid out of any unappropriated money in the treasury, 
to wit : 

For the pay of the council, senate, house of representatives, 
and their clerks, a sum not exceeding one hundred and ten 
thousand dollars. 

For salaries established by law, seventy-two thousand dollars. 

For balances to county treasurers, a sum not exceeding sixty- 
nine thousand dollars. 

For militia services, a sum not exceeding thirty thousand dol- 
lars. 

For the bounty on wheat, a sum not exceeding nine thousand 
five hundred dollars. 

For pauper accounts, a sum not exceeding forty-six thousand 
five hundred dollars. 

For military and other accounts on the rolls of the committee 
of accounts, a sum not exceeding fifteen thousand three hundred 
dollars. 

For interest on money borrowed of corporations and individ- 
uals to defray the expenses of the Commonwealth, a sum not 
exceeding nineteen thousand dollars. 

For interest on scrip, issued on account of the subscription of 
the Commonwealth to the Western rail-road, fifteen thousand 
dollars. 

For the current expenses of the lunatic hospital, at Worcester, 
a sum not exceeding twelve thousand dollars. 

For the accounts of state printers, including the printing 
of the Journals of the Provincial Congress, a sutn not exceeding 
fourteen thousand dollars. 

For the support and instruction of the deaf and dumb, six 
thousand five hundred dollars. 

For the support and instruction of the blind, six thousand 
dollars. 

For the eye and ear infirmary, two thousand dollars. 

For agricultural societies, a sum not exceeding four thousand 
five hundred dollars. 



78 1839. Chap. 147. 

For the adjutant and quarter master general's department, a 
sum not exceeding four thousand dollars. 

For pensioners and old and wounded soldiers, a sum not ex- 
ceeding two thousand seven hundred dollars. 

For the purchase of term reports, twelve hundred dollars. 

For the expenses of slate surveys, a sum not exceeding nine 
thousand dollars. 

For repairs in and about the state-house, a sum not exceeding 
two thousand dollars. 

For the destruction of noxious animals, a sum not exceeding 
one thousand dollars. 

For the bounty on silk, a sum not exceeding five hundred 
dollars. 

For the American Institute of Instruction, three hundred dol- 
lars. 

For the Boston Society of Natural History, three hundred 
dollars. 

For the Essex Society of Natural History, one hundred and 
fifty dollars. 

For the state library, three hundred dollars. 

For the yearly salary of the agricultural surveyor, a sum not 
exceeding eighteen hundred dollars. 

For the compensation of bank commissioners, a sum not ex- 
ceeding ihree thousand dollars. 

For tlie purchase of fuel, &c. for the use of government, a 
sum not exceeding eighteen hundred dollars. 

For the appropriation for qualifying school teachers, a sum not 
exceeding three thousand dollars. 

For miscellaneous items, not properly chargeable to any of 
the foregoing appropriations, a sum not exceeding ten thousand 
dollars. 

For a contingent fund, to be expended under the authority of 
the governor and council, and an account thereof to be rendered 
to the Legislature, at their next session, a sum not exceeding 
ten thousand dollnrs. 

Sect. 2. All sums paid from the treasury since the begin- 
ning of the present year, which a)'e properly chargeable to any 
of the above appropriations, shall be charged to such ap[)ropria- 
tion, and deducted therehom in the same manner as if this act 
had been passed previous to such payments. 

Sect. 3. No payment properly chargeable to any of the 
above approj)riations, except pnycnents on account of the princi- 
pal or interest of any public debt, shall be made from the treasu- 
ry, if the amount specified in such appro|)riaiion shall be thereby 
exceeded, unless such payments shall be authorized by any sub- 
sequent appropriation. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Jpril 10, 1S39.] 



1839. Chap. 148—149. 79 

An Act to prevent the burning of Woodlands in certain towns therein named. ChftT) 148 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect, 1. If any person shall set fire to any coal-pit, or to Penalty for set- 

• I r J r I r I • .1 ting fire to coal- 

any pile ot wood, lor the purpose ol charring llie same, on any pUs, on wood- 
woodland in the towns of New Bedford, Dartmouth, Fall River, land, between 
Freetown, and Fairhaven, in the county of Bristol, and Middle- tobg^^ ^" *^' 
borough and Rochester, in the county of Plymouth, between the 
first day of April and the first day of October annually, he shall 
forfeit and pay the sum of one hundred dollars for every such 
offence. 

Sect. 2. If any person shall, between the times aforesaid, Penalty for 
set fire to any brushwood or bushes on any part of the aforesaid ''urni'ig brush- 

• • < •'I wood OLC 

woodland, or on any land adjoniuig thereto, so as to cause the ' 
burning thereof, he shall forfeit and pay the sum of fifty dollars, 
for every such offence. 

Sect. 3. All forfeitures under this act maybe recovered in How penalties 
any court of competent jurisdiction, one half thereof to the use [o whose use" 
of the town, in which the offence is committed, and the other 
half to the use of him who shall sue therefor. \_Jlpril 10, 
1839.] 

An Act in addition to an Act concerning Lunatics. C^hrm 1 A*-) 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect. 1. Either of the justices of the supreme judicial Provision for 
court, or of the court of common pleas, at any term held within "■emoving mcur- 

j r r nTT i • j r i - • i '^''''^ lunatics 

and lor the county ol VVorcester, or the judge ol probate oi said from the hospi- 
coimty, may, on application in writing for the discharjiie from '^'•,'®''']?^ ^"'^ 
said hospital of any lunatic who shall have remained there a suf- val. 
ficient lime to make it appear that he is incurable, cause such 
lunatic to be delivered to the agents of any town in which he 
may have his legal settlement, or to the friends of such lunatic, 
when, ill the opinion of either of said justices, or of said judge of 
probate, it would not be to the injury of the person so confined, 
and when it shall be made to appear that such person would be 
comfortably and safely provided for, by any parent, kindred, 
friend, master, or gtraidian, or by any town or city in which he 
may have a legal settlement. And whenever request for that 
purpose shall be made in writing, by any person interested in 
sucli discharge, to the judge before whom the trial is to be held, 
he shall issue a warrant to the sheriff, or any deputy sheriff in 
the county of Worcester, directing such sheriff or deputy to 
summon a jury of six lawful men to hear and deterinine the 
question whether such lunatic is incurable, and may be comfort- 
ably and safely provided for, according to the terms of this act. 
And the proceedings shall be the same in selecting the jurors, 
conducting the trial, and allowing the costs, as are provided in 
the two hundred and twenty-eighth chapter of the laws of the 
year one thousand eight hundred and thirty-seven. 



80 1839. Chap. 149—151. 

Provision for Sect. 2. If at any time after the discharge of an incurable 

onhose'wiio" lunatic, as above provided, it shall be made to apjDear, on corn- 
are not comfort- plaint by any person, under oath, to the judge of probate for 
elsewhe^e°or ^''^ county in vvliich such lunatic has his legal settlement, or shall 
endanger the be placed, that he is not comfortably supported, or that the pub- 
pu ic saeiy. jj^ safety is endangered by him, it shall be the duty of said judge 
to order his recommitment to said hospital. And the same pro- 
ceedings may be had in deteruiining these questions by a jury, 
upon the request of any person interested therein, made in writ- 
ing to said judge, as are provided in the preceding section. 
A judge of su- Sect. 3. In case of the absence, sickness or death of the 

preme court or-j r i. . c ••,i/"i ii 

common pleas JiJdgc ol probate of any county m the Commonwealth, except 
may act when the county of Suffolk, any justice of the supreme judicial 
ilate^is\bseii't court, or of the court of conmion pleas, may commit to the 
sick,&c. Slate Lunatic Hospital, any lunatic furiously mad in such coun- 

ty, in the same maimer and upon the same proceedings as are 
now provided by law for the commitment of lunatics to said hos- 
pital by judges of probate. [JJpril 10, 1839.] 

Chctn 1 50. -^^'^ ^^^ relating to the Courts of Common Pleas in the county of Essex. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloiDS : 
Places of hold- Sect. 1. The term of the court of common pleas now by 
chaneeT ^'^^^ ^^ ^^ holden at Salem, widiin and for the county of Essex, 
on the third Monday in June, annually, shall, from and after the 
passing of this act, be holden at Ipswich, in said county, on the 
third Monday in June, annually ; and the term of the court of 
common pleas now by law to be holden at said Ij)svvich, on the 
third Monday of March, annually, shall hereafter be held at said 
Salem, on the third Monday of March, annually. 
Return of pro- Sect. 2. All writs and processes of whatever nature, civil 
con1orm*^to°the or criminal, returnable to, or now pending in said court of corn- 
change, mon pleas, shall be returned to, and have day in said court at the 
times and places for holding the same established by this act, and 
all parties and persons, who, before passing this act, have been 
required to appear and attend at the terms aforesaid, shall appear 
and attend and have like day in court, at the terms established by 
this act, pursuant to its true intent and meaning, [^pril 10, 
1839.] 

ChciT) 151 • ■'^" ^^"^ concerning Proceedings at Law. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
US follows : 
Amendments in Sect. 1. Any court of rccord in this Commonwealth, upon 

case of van- , • > r • -i • i • in i 

the trial ol any civil action, when a variance sliail appear between 
the proof and the recital, and setting forth on the record on which 
the trial is proceeding, in the judgment of the court, not material 
to the merits of the case, and by which the opposite party can- 
not have been prejudiced in the conduct of his action, prosecu- 
tion, or defence upon the merits, may allow such record to be 
amended upon motion, without payment of costs. 



ance. 



1839. Chap. 151—152. 81 

Sect. 2. Courts of record, in all cases, when in their opin- ciiai)<rcof 
ion the ends of justice will be tliereby subserved in any stage "^ ^{['uwej* '° °* 
the j)rocee(lings, may permit the names of one or more of the 
joint plainiiffs to be stricken out of the process, or may admit 
additional plaintiffs to come in and have their names inserted in 
tile process, on such terms as the court shall judge reasonable. 

Sect. 3. In actions of trespass quare clausum fregit^ the Description of 
close or place of the alleged trespass sliail be designated in the o'n,.espHsr"^"' 
writ and declaration by name or abuttals or other proper descrip- quare, &c. 
lion. 

Sect. 4. In all actions on the case, it shall be no objection Exiensimof 
to maintaining such actions, that but for this act the form thereof «'"o"s ^n ilie 

~ ' case. 

should have been trespass. 

Sect. 5. The provisions of the one hundredth chapter of the Former law ex- 
Revised Statutes, in respect to pleas in abatement, shall be ap- 'ended locom- 

1-11 1 • r ^- • I 1 I I n 1 plaiuls for flow- 

plicable to complaints for injury done to lands by nowage, by ing. 
means of mill-dams ; and when new defendants are summoned in 
pursuance of the provisions of that statute, the plaintiff may have 
a verdict against such of the defendants as he shall prove to be 
liable, although he Aill as to the rest. [^Jipril 10, 1839.] 

All Act relatinsr to ihe Boston and Providence Rail-road Corporation and tlie See- Ch(ip\5^» 
konk Branch Rail road Company. -^ 

BE it enacted by the Senate and House of Representatives ^ 
in General Court assembled, and by the authority of the same, 
as follows: 

Sect. 1. The Seekonk Branch Rail-road Company is The Seeiconk, 
hereby authorized to sell their entire road, with its appurtenances, &.c. company , 
and all the rights, privileges and franchise to them belonging, to tlS^ihe other 
the Boston and Providence Rail-road Corporation, which is corporation, 
hereby authorized to purchase the same, at such sum as may be 
agreed upon by the parties : provided, however, that if, at any 
time after such purchase, the wharf at India Point, in Prov- 
idence, shall be closed against any of the boats which ply be- 
tween the city of New York and Providence, or the proprietors 
or agents of said wharf shall neglect or refuse to furnish equal 
facilities to all such boats, for the reception and discharge of 
passengers and freight, at the depot on said India Point, now 
used by said Boston and Providence Rail-road Corporation, 
then the said Boston and Providence Rail-road Corporation Wharf at See- 
shall open the wharf at the Seekonk depot for the safe and con- '^^"'''lepo' to 
venient arrival and accommodation ot such boats, or any ot tliem, in certain cases, 
and shall receive and discharge passengers and freight, and 
convey the same over their road to and from said Seekonk de- 
pot, in the same manner as to and from the depot at India Point : 
and provided, that said purchase shall be made within four 
months from the passage of this act : and provided further. Proviso, 
that a duplicate of the contract of sale, which may be made un- 
der the provisions of this act by the said parties, shall be filed in 
the secretary's office on or before the first Wednesday of Janu- 
ary next. 

11 



82 1839. Chap. 152—154. 

Sect. 2. If the Boston and Providence Rail-road Corpo- 
ration sliall purcliase tlie Seekonk Branch road and its appurte- 
nances, as aforesaid, iliey shall hold said road and properly thus 
acquired suhject to all the laws that apply to the other parts of 
In what cases their road : provided, that if, after such purchase, the Boston 
Lis'Iho'^state ^"^' Providence Kail-road Corporation shall fail to fnrnibh, or 
may purchase cause to he fm'nished, equal accommodations to such steam- 
"*^ ■ boats as are mentioned in the first section, either at India Point 

whaif or at the iSeekonk depot vvhaif, the Commonwealih shall 
have a right at any time to purchase said branch road, and its 
appurtenances and franchise, from the Boston and Providence 
Rail-road Corporation, by paying therefor such sum as the said 
corpoiation may pay for the same, with such further sum, if 
any, as said coijicjraiion may expend in finishing or repairing said 
road, or its appurtenances. 
Riffhtsofthe .Sect. 3. NoihiuiT in this act shall affect the ridu of the 

£•'.' .'otto be*'' Fall 1^'vf^^'' Mill-road", Rail-road and Ferry Company to enter 
aficcted. upon and use the said branch road, agreeably to the fourth sec- 

tion of the act incorporating said branch j'oad, nor any other 
provision in said section, [^^pril 10, 1S39.] 

ChciT) 153. ^" ^^^ '° iiuciiporale tlie i\c\vl)ury|:oil Sociciy for the rilitifof Aged Fenmies. 

BE it enacted by the Senate and House of Representatives^ 

in General Court assembled, and by the authority of the same, 

as follows : 

Tersons incor- 8ect. 1. INIaria I. Brockway, Ann C. Knight, and Augusta 

poraieti. j^ Smith, their associates and successors, are hereby made a 

corporation, by the name of the Neubinyport Society for the 

relief of Aged Females ; widi all the powers and privileges, and 

subject to all the duties, resiriciions and liabilities, set forth in 

the forty-fomth chapter of the Revised Statutes. 

Estate. Sect. 2. Said cor[)oration may hold real and personal estate 

not exceeding in amount the simi of ten thousand dollars, to be 

devoted exclusively to charitable purposes. [^Jipril 10, 1829.] 

Chctp lO-i. ^'^ A*^'" '"^ eslal)lisli a l-'irc Dcparimeiii in tlie lowii of Medlord. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 
To be subject Xiic selectmen of the town of Medford are hereby authorized 

to provisions ^ i r i Tr<- T~v • • i • i i 

oi the general ^0 estaljlisli 3 r ire iJepaitment in said town, in the manner ana 
fi<^'- according to the provisions prescribed in an act to regulate fire 

departments, passed on the ninth day of April, in the year one 
thousand eight hundred and thirty-nine : and the said fire depart- 
ment, when so established, and the several members thereof, and 
all the officers and companies appointed by them, and the said 
town of Medford, and the inhabitants thereof, shall be subject to 
all the duties and liabilities, and be entitled to all the privileges 
and exen)piions, specified in said act, so far as the same relate 
lo them respectively. {Jlpril 10, 1S39.] 



1839. Chap. 153—157. 83 

An Act to cstaliiish a Fire Department in the town of MnUlcn. Ckop 1 bb, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Tlie selectmen of tlie town of Maiden are hereby aiitlioiizefl ^^]"^';,^^*;j!;J,^f„f 
to establish a Fire Depariinenl in said town, in the manner and gc,u..ral act/ 
according to the provisions prescribed in an act to reu;iiliiie fire 
departments, passed on the ninth day of April, in the year one 
ihonsand eight hundred and thirty-nine : and the said fire depart- 
ment, when so established, and llie several members thereol, 
and all the officers and companies appointed by them, and the 
said town of JMalden, and the inhabiianis thereof, shall be sub- 
ject to all the dnties and liabilities, and be entitled to all the 
privileges and exemptions, specified in said act, so far as the 
same relate to iheni respectively. [Jlpril 10, 1339.] 

All Act concornin^ ilio inaiiit.iiiiiug of Plis<)ln•r^ in Jails anil Houses i>l Cciricciinn. (J/ldp loG. 

JiB it enncled by the Senate and Home nf Represeulnlires, 
in General Court assembled, and by the authority of the same, 
as follows : 

No allowance shall be made by the Commonwealih for the No allowanre 

, ^ - . . •11 r '^^' t''t" 55'aii' for 

niamienance and support ol any prisoner m any y\\\ or house ol .u|,|,„r, „f 

correction, after the first day of July next ; but the e\j)ense of pnsoncis, d:c. 

maintaining and supporting all snch pri-oners as have no legal 

setdemenl in this Cotnmonwealih, shall be borne by the conniy 

in which snch jail or house of correction is established. [^Jlpril 

10, 18.39.] 

An Act to j.rovide for olilainin«^ ilie Statistics of Crime. (^u(tp I O I • 

BE it enacted by the Senate and House of Representatives, in 
Genernl Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The reports now required to be made by the dis- Ti'"*" ^n<i con- 

, ' I • I I ;'• xr tents ol (listnct 

tnct attorneys to the attorney general, ni the monili ol i\ovem- nucmpy's 
ber of each year, shall hereafter be made on or before the fif- reports, 
teenih day of Jaiuiaiy, and shall severally contain an accomit of 
iheir official bnsine.ss to ihe last day of the preceding month of 
December, setting forth therein the names of the persons prose- 
cuted, the crimes, offences or misdemeanors for which snch 
prosecutions weie had, the result thereof, and the punishment 
awarded against any persons convicted thereon ; and they shall 
further stale the amount of the bill of costs in each case, and 
vvhedier the same was paid by the defendant. And the attorney 
for the Commonwealth in the cotmiy of Suffolk shall make his 
annual rettirns in manner aforesaid. 

Sect. 2. The several police courts shall, on or before the ^^'P"'"*^'" '',9 

«-,,„- /•', • I made by police 

niteenth day of January ol each year, transmit to the attorney courts, 
general a report of the number of complaints acted upon in such 
court, the crimes, offences or misdemeanors for which such 
complaints were made, the resulis thereof, and the punishments 
awarded against any persons convicted thereon, together with the 
amount of the bill of costs taxed hi each case, and how the same 



84 



1839.- 



■Chap. 157—159. 



Clerks to make 
siiiiemi'iit of 
costs allowed to 
justices. 



Time and con- 
tents of attor- 
ney general's 
reports. 



was paid ; and said report shall be made to the last day of the 
preceding month of December. 

Sect. 3. The clerks of the judicial comts in the several 
conniies shall, on or before the fifteenth day of January of each 
year, transmit to tlie attorney general a list of all the cases in 
which any justice of the peace has been allowed costs for any 
proceedings final before such justice, specifying therein the 
cause of prosecution, its result, and the punishment, if any, that 
has been awarded thereon, and the amount of the costs so 
allowed. 

Sect. 4. It shall be the duty of the attorney general, in- 
stead of the report now required, to prepare fi'om the foi-egoing 
returns, and transmit to the Legislature annually, as early in the 
month of February as is practicable, such abstracts and tabular 
statements as will show the nature and extent of crime in this 
Commonwealth and in the several counties thereof, the number 
of prosecutions, and the results thereof, and the punishments 
awarded, particularly discriminating between those crimes which 
are perpetrated against the person and against the rights of prop- 
erty, and whether with violence or without violence, the amount 
of the costs arising in such prosecutions, and whether the same 
are paid by the persons accused or not, with all such other in- 
formation as may present full and complete statistics of crime, 
and the operation of criminal laws in this Commonwealth, and 
with such observations and statements as in his opinion the crim- 
inal jurisprudence, and the proper and economical administration 
of the criminal law shall warrant and require. [Jlpril 10, IS39.] 

An Act concerning Suits against Foreign Corporations. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Any corporation incorporated by any other State, and having 
property in this Stale, shall be liable to be sued, and tl)e prop- 
erty of the same shall be subject to attachment, in like manner as 
individuals, residents of other States, and having property in this 
State, are now liable to be sued, and their properly subject to 
be attached ; and the service of the writ in such case shall be 
made in tiie manner provided in the ninetieth and ninety-second 
chapters of the Revised StatiUes, with such further service, if 
anv, as the com't to which the writ is returnable, may order. 
[Jlpril 10, 1839.] 

i^llCip \bo. An Act to authorize the Trustees of the Charity of Edward^ Hopkins to establish a 
Classical School in the town of Cambridge. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 
Location of the Sect. 1. The trustees of the charity of Edward Hopkins 
school, &.C. j^j.g ])j,,.(.ijy authorized to establish, in the town of Cambridge, a 
classical school, the main object of which shall be to prepare 
boys for admission to Harvard University, and, for this pur[)ose, 



Chap }5S, 



Properl}' of for- 
eign coipora- 
tions sulijecl to 
legal process : 
Mode of giving 
notices. 



1839. Chap. 159. 85 

may purchase and hold, in their corporate name, a lot of land in 
said town, and erect iliereon suitable buildings, the whole costs 
of which shall not exceed ten thousand dollars. 

Sect. 2. The visitation of said school, and the right and \yiioaretobe 
authority to appoint instructers and make and ordain suitable ^''*"°^^' '^• 
rules and by-laws for the government thereof, shall be vested in 
the president and fellow^s of Harvard College, the minister of 
the First Church in Cambridge, and the chairmen of the select- 
men and school committee of said town. 

Sect. 3. The said trustees, the visitors of said school, and Admission on 
the instructers thereof, shall receive into the same when estab- [fJil'of^chool* 
lished, and admit to all its benefits, privileges and advantages, commliiee. 
free of expense, any number of boys, not exceeding nine, at any 
time belonging to the town of Cambridge or elsewhere, who, 
being suitably qualified, shall be selected and presented for ad- 
mission thereto by the school committee of said town. 

Sect. 4. The said trustees are hereby authorized to apply Fourth part of 
one fourth part of the net income of their funds to the support incomeoffund 

-.,,', , , , ,, . , .' ' . to be applieU to 

01 said scliool, solong as the same shall contmue to be maintain- support of 
ed in said town, and shall, dm-ing that time, be exempted from ^^''"p'J provid- 
all obligation to pay any portions of said inco(T)e to any oilier ' 
school in said town or the master thereof : provided^ however^ if 
the said school shall not be established within two years after the 
passage of this act, or shall, at any time thereafter, cease to be 
supported in said town as is herein provided, the said trustees 
shall annually pay over the said fourth part of the net income of 
their funds to the treasurer of the town of Cambridge, on condi- 
tion that the said town of Cambridge shall provide and maintain 
a school, and perform and comply with the oilier duties and pro- 
visions contained in the next section of this act. 

Sect. 5. The town of Cambridge shall annually apply so Application of 
much of said income, as may at any time hereafter be paid to the '||<^°""^ "''fn 

.' -' i . .',., paid over to 

treasurer thereol, in pursuance ol the proviso contained in the town treasurer, 
preceding section of this act, to the instruction of nine boys in 
till? learning requisite for admission to Harvard University ; t'le 
said instruction to be furnished in a public school in said town, 
the instructer of which sliall be at all times competent to give 
such instruction : and said town shall, so long as said income 
shall continue to be paid, receive into said school, and admit to 
all the benefits, privileges and advantages thereof, free of ex- " 
pcnse, any number of boys not exceeding nine at any time, who, 
beitig properly qualified, shall be selected and jircsented for 
admission thereto, by the president and fellows of Harvard Col- 
lege, and the minister of the First Church in Cambridge, who 
sliall be the visitors of said school for the purpose of seeing that 
the duties and provisions in this section are duly complied with 
and performed. 

Sect. G. The said trustees are hereby authorized to pay Annual pay- 
annually to the treasurer of Harvard College one tenth part of !]l^"^^^"f/J'^'® 
that portion of their income, which is appropriated for the ben- purciiasn of 
efit of theological students to be applied for the purchase of books, b°°''*» ^'*- 



86 



1839.. 



•Chap. 159—162. 



Chap 160. 



Amount of in- 
crease. 



New stock to 
be suhjccl to 
same regula- 
tions as the old. 

Cerlificale to 
be loilged with 
secretary. 



ChajilGl 



No appeal to 
supreme court. 



Chap 162. 



Persons incor- 
porated. 



Estate. 



as a reward to meritorious under graduates, without regard to the 
number of theological smdenis who may be assisted by this 
charily, [^pril To, 1S39.] 

An Act to increase the Capital Slock olilie Suffolk 13ank. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the aulliorily of the same, 
asfulloivs : 

Sect. I . The President, Directors and Company of the 
Sufl'olk Bank are hereby atiihoiized to increase iheir piesent 
capital Slock by an addition thereto of two hundred and filty 
thousand dollars, in shares of one hundred dollars each, which 
shall be paid in such instalments as the president and directors of 
said bank may direct and determine: provided, ihat the whole 
amount shall be })aid in on or before the fust INIonday of October 
next. 

Sect. 2. The additional stock aforesaid shall be subject to 
the like tax, regulations, restrictions and provisions to which the 
present capiinl slock of said corporaiion is now subject. 

Sect. o. Before said corporaiion shall proceed to do busi- 
ness upon said additional capital, a ceiiifir.iie, signed by the 
j)resident and directors, and attested by the cashier, that tiie same 
lias been actually paid into said bank, shall be reiunied into the 
oifice of the secretary of the Commonwealth. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [J]pril 10, 1S39.] 

An Act concerning Appeals in (^^riminal Cases. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority oj the same, 
as follows : 

No appeal sliall hereafter be allowed to the supreme judicial 
court, from any conviction or judgment upon any indictment or 
information in the coint of common pleas or municipal coiu't : 
provided, that nothing herein contained shall affect the power in 
said court of granting new trials, or shall restrain the light of any 
defendant to allege exceptions to any opinion, direction or judg- 
ment of the coiMt, in any matter of law as now j)rovided by the 
Revised Statutes. [.Bpril 10, 1839.] 

An Act to incorporate the hsufTijlk Agricultural Society. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Albert Guild, Dvvight Wheelock, and David Gould, their 
associates and successors, are hereby made a corporation, by 
the name of the Suffolk Agricultinal Society, for the purpose of 
encoinaging agricultine and the mechanic arts in the county of 
Suffolk, by premiimis, loans, and other means ; with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities set forth in the foriy-second and forty-fourth chap- 
ters of the Revised Statutes : and said corporaiion may hold and 



1839. Chap. 162—165. 87 

manage real estate not exceeding fifteen thousand dollars in value, 
and personal estaie not exceeding a like sum, for the purposes 
aforesaid, [^pril 10, lS;i9.] 

An Act concerning ilie 31iliiia. KyllCtp luO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

So nuich of the one hundred and twenty-third section of the Certain pay- 
twelfih chapter of the Revised Statutes as relates to the coui- [^,fue^ ^"*^°°* 
pen^aiion of brigade majors and adjutants, vviien no duly is 
peifonned by ihem odier than making copies frou) former returns, 
and the one hundred and twenty-fifth section of the twelfili chap- 
ter of the Revised Statutes relating to the allowance made to 
members of volunteer companies, are hereby repealed. \_Jlpril 
10, 1839.J 

An Act relative to ilie Partition of Ileal Estate. CllCtp 1 64'» 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. When partition of the real estate of any person Agents m lie 
deceased, shall be ordered by the probate coiut, and commis- fj'aci'for'^ab"^ 
sioners shall be appointed to make such partition, agreeably to sent heirs, &c. 
the provisions of the one hundred and third chapter of the Re- 
vised Statutes, some disinterested person shall be appointed 
agent by said court for any heir at law or devisee who may be 
absent from the Commonwealth, and such agent shall act for said 
absent heir or devisee in all things rel-iiing to such partition. 

Sect. 2. The provisions of the twenty-eighth section of the Disatiiiity of 
ei2;hty-third chapter of the Revised Statutes, shall not apply to flerks &c. re- 

^ •' ,' . .' . . ^^ ■' f. moved on cer- 

any person whose appomtment as an appraiser, commissioner oi tain terms, 
insolvency, or divider of real estate may be requested by all the 
parties in interest. \_April 10, 1339.] 

An Act in addition to an Act concerning- Elections. K^llCip J DO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Until the next decennial census of polls shall be Special provi- 
taken, in conformity with the twelfth article of amendment of the fionsforRow- 

, •' . , , . ley andGeorge- 

constitution, and an apportionment made thereon, in pursuance town, 
of said article of amendment, the meeting for the choice of rep- 
resentatives to the general court for the towns of Rowley and 
Georgetown, shall be called by the selectmen of Rowley, and 
the warrant shall specify ten o'clock in the forenoon, as the time 
when the poll at such elections shall be opened, and the same 
shall be opened accordingly and be closed by one o'clock in the 
afternoon of the same day ; and the selectmen of Georgetown 
shall make a true list of persons belonging to said town, qualified 
to vote at every such election, and the same shall be taken and 
used by the selectmen of Rowley for sucii election in the same 
manner as if it had been prepared by themselves. 



88 



•Chap. 165—166. 



Where meet- 
iiig-i bhdll be 
held. 



Former law 
not lo apply to 
cities. 



C/i«pl66. 



Further sum for 
pay oJ Legisla- 
ture. 



Sect. 2. Until it shall be otherwise agreed by the select- 
men of both towns, all the meetings held in each year for the 
choice of representatives to the general court shall be held in 
said towns of Rowley and Georgetown alternately ; and the se- 
lectmen of Rowley shall appoint such place for every meeting to 
be held in Georgetown as the selectnien of Georgetown shall in 
writing request. 

Sect. S. The second, third, and fourth sections of the act 
entitled an act concerning elections, passed on the ninth day of 
JVJarch last, shall not apply to any city. [.^Qpril 10, 1839.] 

All Act in a'ldiiioii to an Act makinn; appropriations for the Cuirent Expenses of the 
Government during- llie present year. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the sanUy 
asfolloivs : 

The further sum of five thousand dollars is hereby appropria- 
ted for the pay of the council, senate, house of represeniativesj 
and their clerks, during the present year, [^pril 10, 1839.] 



RESOLVES 



PASSED BY THE 



%zsisUtuvt of ^assacijttSettS. 

1839. 



Resolve for the pay of the Council, Senate, and House of Representatives. C^hftY) 1 

Resolved^ That there be paid out of the treasury of this Com- 
moinveahh, to each meinber of the senate and house of repre- 
sentatives, two dollars for each and every day's attendance the 
present political year, and the sum of two dollars for evevy ten Rate of pay for 
miles travel from their respective places of abode once in each ""'i^e'- 
session, to the place of the silting of the general court ; and also 
to each member of the council, two dollars for each day's Per diem allow- 
attendance at that board, at every session thereof during the '""^^' 
present political year, and the sum of two dollars for every ten 
miles travel from their respective places of abode, once in each 
session thereof; and to tlie president, and each president pro OouWepayto 
tempore of the senate, and to the speaker of the house of rep- presiding otfi- 
resentalives, each, two dollars for each and every day's attend- 
ance, in addition to their pay as members ; and his excellency 
the governor, with the advice and consent of the council, is 
hereby authorized and requested to draw his warrant accordingly. 
[Jan. 28, 1839.] 

Resolve on the Petition of Edward P. Hunt and Matthias Ellis. CIlQi) 2 

Resolved, for reasons set forth in the snid petition, that there 
be allowed and paid out of the treasury of this Coinmonweahh, 
to Edward P. Hunt and Matthias Ellis, the sum of sixty dol- pofor inform- 
lars, in full compensation for their services in informing against "'o' •^*^- 
and prosecuting one Robert Neal, a forger of counterfeit notes ; 
and that a warrant be drawn accordingly. [Jan. 23, 1839.] 

Resolve in favor of the Widow or legal Heirs of the late Henry Bacon. CllCil) 3 

Resolved., That there be allowed and paid out of the treasury 
of the Commonwealth, the sum of two hundred and forty dol- 5240 for servi- 
lars, to the widow or lesal heirs of the late Henry Bacon, late f.^^ "' ^ late as- 
an assistant messenger ol the general court ; being in accord- ger. 
12 



90 Chap 4, 5, 6, 7, 8. 

ance with an order passed February twenty-eighth, eighteen 
hundred and thirty-eight, and that a warrant be drawn according- 
ly. [Jan. 28, 1839.] 

CllCtp' 4. Resolve on the Petition of Richard Hosea and Edward P. Hunt. 

Resolved^ for reasons set forth in the said petition, there be 

allowed and paid out of the treasury of this Commonwealth, to 

po for inform- Richard Hosea and Edward P. Hunt, the sum of forty dollars, 

"'^' ■ in full compensation for their services in informing against and 

prosecuting one Arthur L. Pike, an utlerer of forged notes, and 

that a warrant be drawn accordingly. [Jan. 29, 1839.] 

Cy/lttp> O. Resolve on the Petition of Joel Carter. 

May sell certain Rcsolvecl^ for reasons set forth in said petition, that the peti- 
tioner be authorized to sell, at public or private sale, the real es- 
tate therein set forth, and to execute a good and sufficient deed 
or deeds thereof : provided.^ the judge of probate, for the coun- 
ty of Norfolk, shall be satisfied of the propriety of making said 

^ sale : and provided^ also, that said petitioner file in the office of 

said judge of probate, a sufficient bond for the faithful discharge 
of his duty as trustee. [Jan. 29, 1839.] 

C/h(W> 6. -^ Resolve for the purchase of the Thirteenth Annual Report of the Prison Disci- 
■^ pline Society. 

Secretary to Resolvcd, That the secretary of the Commonwealth be di- 

fimhed'prtie^ rected to purchase six hundred copies of the Thirteenth An- 
nual Report of the Prison Discipline Society, at a price not 
exceeding twenty-five cents per copy, for distribution to the 
members of the general court, and that a warrant be drawn 
accordingly. [Jan. 29, 1839.] 

C/hoj), 1 » ^ Resolve on the Petition of Josiah P. Cooke. 

Authorized to Rcsolvcd, for the reasons set forth in said petition, that Josiah 
uin\™e\7reai ?• ^ooke be authorized and empowered to confirm to W. T. 
estate. Conway, or those claiming under him in fee, a certain sale of 

real estate made to him by Anna M. Stoughton, by deed dated 
seventeenth of May, in the year eighteen hundred and twenty- 
one, and recorded with Suffolk deeds, lib. 271, folio 253 ; and 
that to this end, the said Josiah P. Cooke be authorized to exe- 
cute such deed of release and confirmation of all and singular 
the premises in said deed described, as may be required to con- 
firm the purchase and title aforesaid. [Jan. 29, 1839.] 

Client) t 8. Resolve on the Petition of .Tames Draper. 

gGO for services Resolved, for reasons set forth in the said petition, that there 

cernrng'^unhi- ^^ allowed and paid out of the treasury of the Commonwealth, 

corporaied to James Diaper, the sum of sixty dollais, in full ])ayment for 

^^"^^- attendance on a committee of the Legislature during its last 

session, and for travel and services performed by order of said 

committee, and that a warrant be drawn accordingly. [Feb. 

1, 1839.] 



Chap. 9, 10, 11, 12, 13, 14. 91 

Resolve on the Petilion of Barnard C. 3larchant. CliCtt) 9 

Resolved^ for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth to 
Barnard C. Marchant, the sum of thirty-seven dollars and fifty P^soforser- 

~ ., . p . . . ■' . ri vices as register 

cents, in lull compensation lor his services as register ot probate, pro tem. 
pro tempore, for the county of Dukes county to January first, 
eighteen hundred and thirty-nine, and that a warrant be drawn 
therefor. [Feb. 1, 1839.] 

Resolve on the Petition of Benjamin Rockwood and others. LyflCip. lU. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth, 
to Benjamin Rockwood, David Partridge, and John A. Craig, S7 50 for re- 
seven dollars and fifty cents, in full for returning the statistics of |y"J^"'"& *'^^'*" 
certain branches of industry in the town of Wrentham. and that 
a warrant be drawn accordingly. iFeb. 1, 1839.] 

Resolve on the Petition of the Selectmen of Erving. C^hnY) 1 1 

Resolved, for reasons set forth in the said petition, that the 
county connnissioners of the county of Franklin be, and they 
hereby are authorized to build and repair, from time to time, as 
often as may be necessary, at the expense of said county, so Partofexpen- 
much of the hishways and bridges within the limits of said ses of repairing 

-r^ . . , 9 i . . . ° ~ , ,, roads, &c. to 

Ji,rving, as in their opinion the circumstances ot the case and the be defrayed by 
public good may require ; and may also appoint an agent to county, 
superintend said building and repairs, and render an account to 
said commissioners therefor. [Feb. 1 , 1839.] 

Resolve on the Petition of Peter Goodnow. C^hftn 1^ 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth, 
to Peter Goodnow, the sum of thirty-five dollars, in full for ser- ^35 for arrest- 
vices rendered, and expenses incurred, in arresting and prose- in&acnmmal. 
cuting one Allen W. Thayer, charged with the crime of lar- 
ceny, and that a warrant be drawn therefor. [Feb. 1, 1839.] 

A Resolve on the Petition of Henry W. Kinsman. C^hftn 1 S 

Resolved, for the reasons set forth in said petition, that the 
judge of probate for the county of Suffolk be authorized to 
grant leave to said Kinsman, as administrator of the estate of 
Daniel Wild, late of Boston, deceased, to sell, at such time, May sell certain 
and in such manner, as said judge of probate may order, all or notes, &c. 
any of the notes and accounts due to the estate of said Daniel 
Wild, at public or private sale : provided, that said judge of 
probate shall be satisfied, from the representation of said admin- 
istrator, that such sale will be for the benefit of the estate of 
said deceased. [Feb. 1, 1839.] 

Resolve on the Petition of William F. Otis, of Boston, in the county of Suffolk. CflWD, 14<. 

Resolved, for reasons set forth in the said petition, that the said 
William F. Otis, trustee of his minor children, is hereby author- 
ized and empowered, in his said capacity, to sell and convey Mav sell certain 
the real estate, situated in Washington street, in said Boston, real estate. 



92 Chap. 15, 16, 17, 18. 

described in said petition, discharged of and from all trusts, and 
to receive, in exchange therefor, a conveyance, in fee simple, of 
the real estate situated in Dover street, in said Boston, described 
in said petition, to be held by him upon the same trusts as those 
upon which he now holds the real estate aforesaid in Washing- 
ton street. [Feb. 9, 1S39.] 

ChciT), 1 O, Resolve on the Petition of Aaron B. Fairbanks. 

Resolvedy for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth, 
550 for inform- to Aaron B. Fairbanks, the sum of fifty dollars, in full compen- 
"'=' '^' saiion for his services in informing against and prosecuting one 

Selden Braynard, for selling lottery tickets in lotteries not 
authorized by the laws of this Commonwealth, and that a war- 
rant be drawn accordingly. [Feb. 15, lSo9.] 

C^hflT) 1 fi Resolve on the Petition of James Salter, of Boston, in the county of Suffolk; yeoman. 

Resolved, for reasons set forth in the said petition, that the 

said James Salter is hereby authorized to hold, to him and his 

An alien con- heirs and assisfns, all that real estate which he formerly pur- 
firmed lu the , , [. T-T T • 1 c • 1 n i i • 
possession of cliased ol Henry Lienow, late oi said Boston, deceased, situate 

certain real es- on Prince Street, in Boston, aforesaid, and described in his peti- 
tion aforesaid ; and also the several parcels of real estate adjoin- 
ing the estate above described, and purchased by said Salter of 
other persons ; and that the said James Salter is further author- 
ized to sell and convey the real estate aforesaid, or any part 
thereof, in fee simple or otherwise, and to dispose of the same, 
or any part thereof, by last will, as fully and effectually, to all 
intents and purposes, as if he were a citizen of the United 
States. [Feb. 15, 1S39.] 

ChflT) 1 7 Resolve on the Petition of Ward Pool and others. 

Resolved, for reasons set forth in the said petition, that Joshua 

H. Ward, trustee under the last will and testament of Ward 

Pool, deceased, late of Danvers, in the county of Essex, is 

May sell certain hereby empowered to sell, at public or private sale, the followins; 

real estate, and ."^ '. i-oi • -j . ttt" • il 

invest proceeds, real estate Situated in Salem, m said county oi ±vssex, viz. a lot 
of land containing about four acres, and bounded northerly on 
Aborn street six hundred and twenty feet, westerly on pasture 
land two hundred and three feet, and on all other sides by land 
of William Sutton, and to convey the same by deed duly execu- 
ted and acknowledged ; and the said trustee shall hold and invest 
the proceeds of such sale for the purposes of the trust created 
in said will, in such manner as shall be approved by the judge of 
probate for said county of Essex : provided, that said trustee 
shall first give bond, with sufficient surety or sureties, to the 
said judge of probate, for the faithful execution of the power 
hereby conferred. [Feb. 18, 1839.] 

Chftn 18 f^EsoLVE on the Petition of the Guardian of the Indians and People of Color at 
I^' ' Chappcquiddic and Christiantown. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Coraraonwealtb, 



Chap. 19, 20, 21. 93 

to Leavitt Thaxter, guardian of the Indians and people of color 
at Chappequiddic and Christiantown, the sum of seventy-one ^71 2g for sup- 
dollars and twenty-six cents, in full compensation for money ex- port of a coi- 
pended by him for the support of Recall De Grass, a person of ^'^^'^ person, 
color, belonging to said Christiantown ; also, that there be 
allowed and paid out of the treasury, to the guardian of said In- 
dians and people of color, for the time being, a sum not exceed- 
ing one dollar and fifty cents per week, commencing on the 
twenty-second day of December last, for the support of said 
De Grass during his life, and that warrants be drawn therefor. 
IFeb. 18, 1S39.] 

Resolve on the Peiilion of Philo Smith and Rebecca Smith, of New Marlborough, /"*/j/7r> 1 Q 
in llie county of Berkshire. Kylllip. 1 £7. 

Resolved, for reasons set forth in the said petition, that the 
said Rebecca Smith is hereby authorized to hold to her, her 
heirs and assigns, all that real estate which was devised to her Ai^en confirmed 
by her former husband, Russell Cook, late of said New JMarl- in possession of 
borough, deceased, by his last will and testament, made on the ^^^^ estate, 
nineteenth day of May, in the year one thousand eight hundred 
and thirty-two. And that the said Rebecca Smith, and the 
said Philo Smith, husband of the said Rebecca, are further 
authorized to sell and convey the real estate aforesaid, or any 
part thereof, in fee simple or otherwise, and to dispose of the 
same, or any part thereof, as fully and effectually, to all intents 
and purposes, as if said Rebecca Smith were a citizen of the 
United States. [Feb. 18, 1839.] 

A Resolve on the Petition of Henr}- Wheeler. C^hf/r} 'Pf) 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of this Commonwealth, 
to Henry Wheeler, of Worcester, the sum of one hundred ^i66G7forser- 
sixty-six dollars sixty-seven cents, in full for services rendered vices as register 
by him as register of probate, pro tempore, for the county of °enipore^. ^' ^^° 
Worcester, in the year one thousand eight hundred and thirty- 
eight, and that a warrant be drawn accordingly. [Feb. 19, 1S39.] 

A Resolve on the Petition of Peter Eaton. Chrtn ^1 

Resolved, for reasons set forth in the said petition, that Peter 
Eaton, administrator of the estate of Jeremiah F. Wheeler, late 
of Lowell, in the county of Middlesex, deceased, be hereby 
authorized at any time within six months after the passing of this 
resolve, to make and file in the probate office in said county, 
the affidavit prescribed by the sixteenth section of the seventy- Affidavit &c., 
first chapter of the Revised Statutes, together with a copy of "'fy be filed, 

, .'~,. ,, fi^r • I and to have 

the notice 01 the time and place ot sale oi certain real estate same effect as 
situated in the town of Boxborough, and in the city of Lowell in itfiiod within 
said county, being part of the estate of said deceased ; said sale ^^'^ 
having been made by the said administrator under a license 
granted by the probate court for the said county, holden at Low- 
ell, in the year one thousand eight hundred and thirty-six : pro- 
vided, that the said Peter Eaton shall first give such notice as 



94 Chap. 22, 23, 24, 25. 

the said court shall order of his intention to file such affidavit and 
copy of notice ; and provided, that in the judgment of said court, 
no sufficient cause be shewn why the same shall not be filed : 
and such affidavit and copy of notice so filed shall be as effectu- 
al, for all purposes, as if the same had been filed within the 
time required by law. [Feb. 21, 1S39.] 

^» cysy A Resolve on the Petition of Samuel L. Hinckle}'. 

"' ' Resolved, for the reasons set forth in said petition, that Samuel 
L. Hinckley, guardian of Judith Marshall, a minor, be hereby 
May convey authorized, in his said capacity, to make and execute a good and 
coriain real sufficient deed of conveyance to Nathaniel Day, of a lot of land 
in Manhan Meadows, in Northampton, in the county of Hamp- 
shire, bounded south, west, and north, on land of said Nathaniel, 
and east on land of Samuel Clark's heirs, containing one acre, 
more or less : provided, that said Nathaniel Day shall make and 
execute a good and sufficient deed of conveyance to the said 
Judith Marshall, of a piece of woodland on Roberts Hill, in 
said Northntnpton, bounded west on land of Elijah Allen, south 
on land of Benjamin Barrett, and north and east on the county 
r oad. [Feb. 21, 1839.] 

f^hnti 9S Resolves concerning the duty on Salt, and the bounty to Fishermen. 

•^ ' ' Resolved, That the proposed repeal of the duty on salt, and 
of the bounly to fishing vessels and the men employed in them. 
Injurious eflects would be a direct violation of the faith of the nation, as pledged 
of repeal of salt j^y ^jjg get of Congress, commonly known as the compromise 
' " act, and that such repeal would seriously injure some of the 

most important branches of industry in this Commonwealth, and 
would embarrass and distress a large portion of our most deserv- 
ing citizens. 
Instructions to Resolved, That the senators of this Commonwealth, in Con- 
senators, c. gpess, be instructed, and the representatives be requested, to use 
their influence to oppose the passage into a law of any bill, the 
object of which is to repeal or reduce the duty on salt, or the 
bounty to fishing vessels and the men employed in them. 
Copies hereof Resolved, Tiiat his excellency the governor be requested to 
to be transmit- transmit copies of these resolves to the senators and representa- 
' *^' tives of the Commonwealth in Congress. [Feb. 23, 1839.] 

dlCl'O 24 Resolve on the Petition of Joseph Lyman, Lucinda Cook, and Justin Cook. 

Resolved, for reasons set forth in the said petition, that Joseph 
Lyman of Northampton, Esquire, is hereby authorized to con- 
May convey vey the real estate mentioned in said petition to the said Lu- 
certainrcal ciiida Cook, to be by her held as if she were sole and unmarried, 
for and during the term of her natural life, with remainder in fee 
simple to the said .Justin Cook ; and that on the execution of 
such conveyance, the said Lyman shall be exonerated from all 
liability as a trustee of the said estate, in virtue of the convey- 
ance thereof to him. [March 1, 1839.] 

Chdl) 25. Resolve on the Petition of Alice Blood. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth to 



Chap. 26, 27, 28, 29. 95 



of revolutionary 
services. 



Alice Blood, the sum of fifty dollars, beine the annuity given by poo" account 
the btate to her late husband, Moses Blood, a revolutionary sol- 
dier, and that a warrant be drawn accordingly. [March. 1, 
1839.] 

Resolve on Ihe Pelilion of the Selectmen of South Reading^. L/HCtp. Z.O» 

Resolved, for reasons set forth in the said petition, that the 
selectmen of the town of South Reading, in the county of Mid- 
dlesex, be authorized to order the treasurer of said town to pay 
the sum of three dollars each to such members of the rifle com- 
pany called the " South Reading Rifle Company," as, being Part of the mili- 
arrned, uniformed, and equipped, have performed all the active *"a bounty to be 

-, ' III' I ^ pttiu to mem- 

duty required by law, for the year one thousand eight hundred bersofarifle 
and thirty-eight, excepting only that required at the May inspec- company, 
tion ; that the treasurer of said town be authorized to pay the 
amount thus ordered, and that the treasurer of the Common- 
wealth be authorized to reimburse the same in the same manner 
as if the members of said company had performed " all the 
active duty required by law" for the year one thousand eight 
hundred and thirty-eight, and had been constantly armed and 
equipped. [March 1, 1839.] 

Resolve authorizing' the Treasurer to borrow^ money in anticipation of the Revenue. K^llCtp, Ztl 9 

Resolved, that the treasurer of this Commonwealth is hereby 
authorized and directed to borrow, of any of the banks in this 
Commonwealth, or any corporation therein, or of any individual 
or individuals, such sum or sums of money as may, from time to 
time, be necessary for the payment of the ordinary demands on Loan not to ex- 
the treasury, at any time before the meeting of the next general ceed g250,ooo. 
court ; and that he pay any sum he may borrow, as soon as 
money sufficient for the purpose, and not otherwise appropriated, 
shall be received in the treasury : provided, however, that the 
whole amount borrowed by authority hereof, and remaining 
unpaid, shall not^t any time exceed the sum of two hundred 
and fifty thousand dollars. \_March 7, 1839.] 

Resolve on the Petition of Ziba Cook. f^hnt-i '^R 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid out of the treasury of the Commonwealth, 
to Ziba Cook, the sum of fifteen dollars, in full for damages sus- gi5 for damage 
tained by him by the cutting of wood and timber in making "^^casioned by 
clearings for the trigonometrical survey, and that a warrant be *^®^"''^^->- 
drawn therefor. [March 7, 1839.] 

Resolve on the Petition of Job Morton, Noah Claflin, and Lemuel Tripp. ^j c)Q 

Resolved, for reasons set forth in the said petition, that the ^ ' 

county commissioners of the county of Bristol are hereby au- 
thorized to receive and audit the claims of Job Morton, Noah Petitioners to 
Claflin, and Lemuel Tripp, formerly commissioners of hitriuvays |.'e reimbursed 

/. . , [. ' ' ' "^ 1 ■ I ■ r -T I for amount re- 

lor said county, ior any sums recovered in the suit 01 Jonathan covered against 
Tobey against them, on account of proceedings in the establish- ^'^°'"- 
ment and construction of a highway between Taunton and New 
Bedford, and for any costs and expenses incurred by them in 



96 Chap. 30, 31, 32, S3, 34. 

and about the same ; and to adjudge and determine what sum, 
if any, ought in equity to be paid to the said Morton, Claflin, 
and Tripp, or either of them, therefor, and to order the same 
to be paid out of the treasury of said county. [J\Iarch 9, 1839.] 

Chctp* 30. Resolve on the Petition of Bartlett Allen. 

Resolved^ for reasons set forth in the said petition, that Bart- 
lett Allen, administrator of the estate of Francis Hovvland, an 
alien, late of New Bedford, in the county of Bristol, deceased. 
May sell certain is hereby authorized, in his said capacity, to sell and convey, at 
rea estate. public or private sale, all the real estate, situate in said New 
Bedford, owned by said Francis Hovvland, at the time of his 
decease, and to execute and deliver a good and sufficient deed 
of the same to the purchaser thereof : provided., the said Bart- 
lett Allen shall first give bonds to the judge of probate for said 
county, with sufficient surety or sureties, to pay from the pro- 
ceeds arising from said sale, after deducting therefrom the ex- 
penses of sale and of administering upon said estate all the just 
debts of said deceased, and to dispose of the balance thereof for 
the benefit of the widow of said deceased, in such manner as 
said judge of probate shall direct. [March 11, 1839.] 

CllCip. 31 . Resolve on the Petition of Richard Esty. 

Resolved, for reasons set forth in the said petition, that Caro- 
line Elizabeth Ann Esty, daughter of Richard Esty, of Methu- 
Deaf and dumb en, be placed on the list of beneficiaries of this Commonwealth, 
porild"aiVe"'' ^° ^^ Supported at the American Asylum for the Deaf and 
asylum. Dunib, at Hartford, according to the provisions of the resolves 

now in force, relating to state beneficiaries at that institution. 
[March 13, 1839.] 

Chciyj* 32. Resolve to pay for Audubon's Birds of America. 

Resolved, That there be allowed and paid out of the treasury 

of this Commonwealth, to the committee on the library, the 

|i55 50for sum of one hundred and fifty-five dollars and fifty cents, to 

tourth volume it • , . r i /• i i i i /. 

concerning enable said committee to pay ior the lourth and last volume of 
^'if'^s. Audubon's Birds of America, and the last volume of his Orni- 

thological Biography ; and the Governor is requested to draw his 
warrant for the above sum in favor of the chairman of said com- 
mittee. [March 13, 1839.] 

Chdl)' SS Resolve on the Pclilion of Hannah Jordan. 

Resolved, for reasons set forth in the said petition, that there 

be allowed and paid out of the Treasury of this Commonwealth, 

to Hannah Jordan, widow of Jesse .Jordan, a Revolutionary 

550 for revoiu. soldier, the sum of fifty dollars, in full for services rendered by 

band',*'^ " '"''' liini? and that a warrant be drawn accordingly. [March 13, 1839.] 

Ch(W 3-5.' Resolves in relation to the Public Lands of the United States. 

Appropriation Rcsolvcd, by the Senate and House of Representatives in 

of the public General Court assembled, that the Public Lands of the United 

elusive benefit ' States, whether acquired by conquest, cession or purchase, are 

of particular emphatically the property of the Union, and that they ou2;ht there- 
nates, unjust, •' 1. i. J ' JO 

impolitic, &.c. 



Chap. 35, 36, 97 

fore to enure to the use and benefit of all the States in just pro- 
portions, and cannot be directly or indirectly appropriated to the 
use and benefit of any particular State or States to the exclusion 
of the others, without an infringement of the principles upon 
which cessions from States were expressly made, and a violation 
of the spirit of our National Compact, as well as the principles 
of justice and sound policy. 

Resolved, That we deem it the duty of Congress immediately Dutyof Con- 
to adopt some permanent and equitable system, for the gradual ^^asurerr.T 
disposition of our public lands, having due regard to the interests equitable dispo- 
of the whole Union, and providing for the distribution of the fands! '^*'' "'^ 
proceeds of these lands among the States in obedience to the 
conditions imposed by the terms of cession, and the obvious de- 
mands of equity. 

Resolved, That we regard the " Graduation Bill," which has Graduation bill, 
recendy passed the Senate of the United States, as injurious, so called dis- 

1 1 . T-. . TTT -1 r • 1 approved of. 

both to the ii-astern and Western btates, irom Us tendency to 
bring into market a vast amount of public lands at reduced pri- 
ces, and as being a gross violation of the rights of the old States 
by giving a preference in the purchase of these lands to the citi- 
zens of the States in which they lie. 

Resolved, That his excellency the governor be requested to These resolves 
transmit a copy of these resolves to each of the Senators and to be iransmit- 
Representatives of this Commonwealth, in Congress, and also to ' 
each executive of the several States and Territories, with a re- 
quest that the same may be laid before the Legislatures of those 
States and Territories respectively. [March 16, 1839.] 

Resolve relating to Portraits of Governors of Massachusetts. CHciT), 35. 

Resolved, That the Committee on the Library, for the time 
being, be authorized and empowered to procure and receive the Portraits or 
portraits or busts of any governors of Massachusetts, as well busts may be 

r ..,■'" ... ' . procured and 

those 01 the provincial governors, as those oi the governors since arranged, 
the adoption of the Constitution, and to arrange the same : pro- 
vided they can be procured without expense to the Common- 
wealth, [jyiarch 20, 1839.] 

Resolves concerning the Foreign Slave Trade. CflCtJ). 36. 

Resolved, That the continued pursuit of the foreign Slave ^n practicable 
Trade, by citizens of the United States, is a reproach to them- means should be 
selves, and to their country ; and that all practicable means ought u "s^ gov^ to^ 
immediately to be adopted by the General Government for put- suppress slave 
ting an end to this foul and disgraceful traffic. uade. 

Resolved, That although the existing laws of the United States Existing laws 
upon this subject are, in themselves, so far as mere legislation fnopgra^iivr*^^ 
can go, abundantly sufficient, yet, that for several years past they 
have been, and are now, almost entirely inoperative and void, by 
reason of there not having been exercised a competent pliysical 
power for their enforcement. 

Resolved, That the cause of humanity, the honor of the nation, importance of a 
and a due regard for the majesty of laws of its own enactment, ompe'cnt na- 
imperiously demand the immediate employment of a competent fbrce^die laws"* 

1 3 on this subject. 



98 Chap. 37, 38, 39, 40. 

naval force, as the only means of giving them their proper power 
and effect, 
we^^rcoart'of R^solvcd, That the commerce now subsisting between the 
Africa worthy ports of the United States and the Western Coast of Africa, 
menr&J^^^" especially as this commerce might, by the exercise of proper 
means, be extended and improved, is an object well deserving 
the attention and protection of the General Government, and 
that the same force which may be employed for the more effec- 
tual suppression of the slave trade, would, at the same time, with 
but little additional expense, be the means of affording such pro- 
tection, 
transmftted ^^ Resolved^ That his excellency the governor be requested to 
&c. ' transmit a copy of these Resolves to the President of the Uni- 

ted States, to the Secretary of State of the United States, and 
to each of our Senators and Representatives in Congress. 
[March 21, 1839.] 

C/http, 37. Resolve on the Petition of Nelson Wilcox. 

Resolved, for reasons set forth in the said petition, that there 

be allowed and paid, out of the treasury of the Commonwealth, 

gn 03 for ex- to Nelson Wilcox, the sum of seventeen dollars and three cents, 

ecufinga crim^ '" ^^ill for money expended by him in prosecuting to conviction 

nai. one Artemas Foster, for an assault with intent to kill ; and that a 

warrant be drawn therefor. [March 22, 1839.] 

Ch(ip. 38. Resolve authorizing the payment of sundry Pauper and Miscellaneous Accounts. 

Resolved, That there be allowed and paid, out of the public 
treasury, to the several corporations and persons mentioned in 
the accompanying roll, the sums set against their names respec- 
g49,769 56for tively, amounting in the whole to the sum of forty-nine thousand 
|iaie paupers, seven hundred and sixty-nine dollars and fifty-six cents ; and that 
warrants be drawn for the payment thereof. [March 22, 1839.] 
(For the Roll, referred to above, see a subsequent part of the vol- 
ume.) 

Chat) 39 Resolve authorizing the Payment of certain Sheriffs, Printers, and other Accounts. 

Resolved, That there be allowed and paid, out of the public 
treasury, to the several persons mentioned in the annexed roll, 
the sums set against their names respectively, amounting in the 
;g2459 47 for whole to two thousand four hundred and fifty-nine dollars and 
sheriffs, &c. forty-seven cents ; the same being in full discharge of the 
accounts and demands to which they refer ; and that a warrant 
be drawn therefor. [March 23, 1839.] (For the Roll, refer- 
red to above, see a subsequent part of the volume.) 

Chap* 4iO. Resolve on the Petition of John Minot. 

Resolved, for reasons set forth in the said petition, that there 

be paid, out of the treasury of the Commonwealth, to John Minot, 

^208 88 for the sum of two hundred and eight dollars and eighty-eight cents, 

Ralnsfo^d '" ^"" '°'" ^^'^ services as keeper of Rainsford Island, for the two 

Island. years last past ; and that a warrant be drawn accordingly. [JSlarch 

26, 1839.] 



Chap. 41, 42. 99 

Resolves concerning the North Eastern Boundary. CflttP, 41 . 

Resolved, That the state of affairs in relation to the North Former posi- 
Eastern Boundary furnishes a strong reason for again asserting |,'y"he stat'e^ 
our rights and for re-afRrn)ing the positions heretofore assumed Legislature re- 
by the Legislature of this State, against the unwarrantable claims ^'^''^^^d. 
of Great Britain, and in favor of strong and vigorous ineasines 
by the Government of the United States, for a speedy adjust- 
ment of the existing difficulties, in such a manner as shall protect 
Massachusetts and Maine in the possession of the large tract of 
territory, guaranteed to them by the treaty of peace of 1783. 

Resolved, That the active measures authorized by a resolve Certain meas- 
of the Legislattn-e of the state of Maine, passed January 24, "/ed by Legis- 
1839, for the prevention of depredations upon the lands of Mas- lamre of Maine, 
sachusetts and Maine, were required by the exigencies of the ^PP"""^^ - 
case, and a wise regard for the preservation of their interests in 
those lands, and were similar in character to measures adopted 
by the land agents of Massachusetts and Maine, in October last, 
and recognized and approved through their agent by the govern- 
ment of the province of New Brunswick. 

Resolved, That the claim by Great Britain to the exclusive claim of Great 
possession and jurisdiction of the whole of the disputed territory, Bntam to ex- 

> •/ ' elusive luriS" 

as recently asserted by the lieutenant governor of New Bruns- diction of dis- 
wick, and his avowal of a determination to sustain that claim by puied territo^ 
a military force, and his denial of the right of the state of Maine ^''" ' ' ' 
to protect from the lawless depredations of trespassers the lands 
which have long been in the actual possession of Massachusetts 
and Maine, called loudly for the immediate interference of the 
federal government, and that the honor of the nation has de- 
manded the adoption of decisive measures for the protection of 
her citizens, and for the preservation of the rights and interests 
of two of the members of our confederacy. 

Resolved, That this Commonv^^ealth will co-operate with the Massachusetts 
state of Maine, in all necessary and constitutional measures, for with*Ma°inrin'* 
the preservation of the interests of both states in the lands in the all necessary 
disputed territory, and for the speedy adjustment of the existing t^onal^neas"' 
controversy. ures. 

Resolved, That his excellency the governor be requested to Copies of re- 
transmit a copy of these resolutions to the executive of the tr°!nsmiued^ 
United States, and of the state of Maine, to the executives of &c. 
the several states of the Union, and to each of our senators and 
representatives in Congress. [March 26, 1839.] 

Resolvk relating to the Public Archives. CllCtV. 42. 

Resolved, That the sum of fifteen hundred dollars is hereby fisoo for ar- 
appropriated to be expended by the secretary of the Common- ^^"'"^ papers, 
wealth, under direction of his excellency the governor, in provid- 
ing for the preservation, arrangement and security of the papers 
and documents in the public archives of the Commonwealth ; 
and that a warrant be drawn accordingly. [March 26, 1839.] 



100 Chap. 43, 44, 43, 46, 47. 

Chat)* 43. Resolve in favor of Bartlett Murdock. 

Resolved, that there be allowed and paid, out of the thetreas- 
^57 pay of a uiy of the Commonwealth, to Baillett Murdock, the sum offifty- 
r^P'm"^'*^'^'® seven dollars, in full for his pay for attendance and travel as a 
member of the house of representatives from the town of Ware- 
ham, for the year one thousand eight hundred and twenty-five. 
l^pril 1, 1839.] 

Chan 44 resolve on the Petition of Jonathan Tobey. 

Resolved, for the reasons set forth in said petition, that the 

county commissioners of the county of Bristol be authorized to 

examine the claims, which said Jonathan Tobey alleges he has 

Seiilementof a against said county, and for which he has no legal or equitable 

ciann against remedy, and to make him such allowances therefor as to them 

the State, pro- -^ ' . i • i i -i • • 

videdfor. may Seem expedient, just and right ; and said commissioners are 

further authorized, if they see fit, to refer the claims of said To- 
bey to the determination of arbitrators mutually selected by them- 
selves and the said Tobey ; the decision of said commissioners, 
or of said arbitrators in the premises, to be final, [^pril 1, 
1839.] 

ChcfD 45 Resolves on tlie Petitions of Jolin Cottle and otliers ; Icliabod Norton and others ; 
jT * * Tliomas W. Mayhevv and others, inhabitants of Dukes' County. 

Resolved., for reasons set forth in said petitions, that said 
Dukes' county county of Dukcs' County is hereby exempted from providing a 
exempted from fire-proof building for keeping the county records, as required by 
proof building.' ^'^^ one hundred and fourth section of the fourteenth chapter of 
the Revised Statutes ; and instead thereof, said county is hereby 
required to furnish such a number of fire-proof safes as the county 
commissioners of said county shall judge necessary, and of such 
kind and quality as they shall direct and approve. 
Appropriation Rcsolved, that said county of Dukes' County is hereby au- 
thorized to appropriate the remainder of the money, (now as- 
sessed for a fire-proof building,) after purchasing said safes, to de- 
fray the contingent expenses of said county. [^Jipril 1, 1839.] 



of certain mon 
ey 



Chap. 46. 



Resolve on the Petition of the Selectmen of Carver. 

Resolved, for reasons set forth in the said petition, that the se- 
Selectmen may lectmen of the lown of Carvcr, in the county of Plymouth, and 
sell certain land jj^gjj. succcssors, guardians of LuauQ Seepit, an Indian woman, 
per charges. are hereby authorized to sell and convey so much of the land 
which the said Luana Seepit died seized of, as shall be sufficient 
to defray the charges which have been incurred by said select- 
men, in the support and maintenance of Augustus Casey, his 
wife Hannah and her children, heirs of said Luana Seepit, with 
incidental charges : provided, the selectmen, in making such 
sale, and paying said charges, shall comply with the requisitions 
of law respecting sales by executors, administrators and guardi- 
ans, and shall account with the judge of probate for the county of 
Plymouth for the same, [^pril 1, 1839.] 

ChflT) 4T Resolve on the Petition of Ruth Munro. 

^30 for rev. ser. Rcsolved, for reasons set forth in the said petition, that there 
husband. j^g allowed and paid, out of the treasury of the Commonwealth, 



Chap. 48,49, 60, 61. 101 

to Ruth Munro, the sum of fifty dollars, in full for services ren- 
dered by her late husband, Andrew Munro, a revolutionary sol- 
dier ; and that a warrant be drawn therefor, [^pril 1, 1839.] 

Resolve to pay the Clerks of the Senate and House of Representatives. CIlCLTf, 48. 

Resolved, that there be allowed and paid, out of the treasury 
of this Commonwealth, to the clerk of the senate, and the clerk 
of the house of representatives, each, the sum of ten dollars per Pcrdiem allow- 
day ; and to the assistant clerk of the senate, the sum of six dollars ^"'^®' 
per day, for each and every day's attendance during the present ses- 
sion of the Legislature; and that there be further allowed to the clerk Pay for copying 
of the senate, and to the clerk of the house of representatives, J°'^''''ais. 
the sum of one hundred dollars each, for copying the journals for 
the library, as required by the orders of the two houses ; and that 
warrants be drawn accordingly, [^'ipril 2, 1839.] 

Resolve authorizing the payment of certain Military Accounts. CllClJ), 49. 

Resolved, that there be allowed and paid, out of the public 
treasury, to the several persons mentioned in the accompanying 
roll, the sums set against their names respectively, amounting in ^2367 72 for 
the whole to two thousand three hundred and sixty-seven dollars ITJ'"!'^^ ^'^" 

\ • * n ti COUlliS. 

and seventy-two cents ; the same bemg m full discharge of the ac- 
counts and demands to which they refer ; and that a warrant be 
drawn therefor. [Jlpril 2, 1839.] (The Roll, referred to above, 
will be found in a subsequent part of the volume.) 

Resolve to pay the expenses of a Committee of the [legislature, incurred in visiting f^hfin fif) 
the State Lunatic Hospital, at Worcester. K^llit^J. k^XJ. 

Resolved, that there be allowed and paid, out of the treasury psfor expen- 
of the Commonwealth, for expenses incurred in visitlna; the State T'*^ "ivisiimg 

T • TT • 1 -vxr • /. 1 T • 1 Lunatic Hospi- 

Lunatic Hospital, at Worcester, as a committee ol the Legisla- tal. 
ture, to Jeremiah Spofford, Samuel Chandler, Elijah Vose, 
Charles Webster, and George Bradburn, seven dollars each, 
amounting in the whole to thirty-five dollars ; and that a warrant 
be drawn therefor, [^pril 3, 1839.] 

Resolve on the Petition of George Manners and others. C^hnT) 'll 

On the petition of George Manners, her Britannic Majesty's 
consul for the State of Massachusetts, and Andrew T. Hall 
and Samuel Hall, of Boston, in the county of Suffolk : re- 
solved, for the reasons set forth in the said petition, that the said Affidavit of ad- 
George Manners is hereby authorized, at any time within six min'sfator may 
months after the passing of this resolve, to file in the probate of- have the same 
fice for said county of Suffolk, or cause to be filed, his affidavit, effect as if filed 

r .1 .1 •• 1 J • u- I- L • wilhm the time 

settuig lorth the time, place and manner in which he gave notice prescribed by 
of liis appointment as administrator of the goods and estate of '^^^• 
Joseph Ingham, late of Boston, aforesaid, merchant, by birth a 
British subject and alien to the United States, deceased, together 
with a copy of said notice, to be there recorded ; and such rea- 
sonable notice being given to all persons interested in the estate 
of said deceased as the judge of probate for said county of Suf- 
folk shall order, to appear and show cause, if any they have, why 
said affidavit and copy o'i notice should not be filed and recorded 



102 Chap. 52, 53, 54, 55. 

as aforesaid ; and no such person, interested as aforesaid, appear- 
ing, and showing good cause to the contrary, such affidavit, made 
before a justice of the })eace of this State, or any of the United 
States, or either of the Provinces of Upper or Lower Canada, 
so filed and recorded, shall be evidence of the time, place and 
manner, in which such notice of said appointment was given, and 
be as effectual, for all purposes, as if the same had been made be- 
fore the probate court for said county, and filed and recorded 
therein, within the time prescribed by law in such cases. [^April 
3, 1839.] 

f^hni) ^'? Resolve granting Taxes for the several Counties. 

Whereas, the treasurers of the following counties have laid 

Preamble. their accounts before the Legislature, which accounts have been 
examined and allowed, and the clerks of the county commissioners 

County taxes have exhibited estimates made by said commissioners of the ne- 

allowed, viz. cessary charges which may arise within their respective counties 

Middlesex, for the year ensuing, and of the sums necessary to discharge 

Essex S25 000, ^^^ dcbts of said counties : — Resolved^ that the sums placed 

Worcester, against the names of the several counties in the following sched- 

Hanujshire "'^5 ^^^ hereby granted as a tax for each county respectively, to 

gGfloo. be a])portioned, assessed, paid, collected and applied for the pur- 

^dom^°' poses aforesaid, according to law : county of Middlesex, thirty 

Franklin, thotisand dollars ; county of Essex, twenty-five thousand dollars ; 

Berkshire county of Worcester, twenty-five thousand dollars ; county of 

^12,000. ' Hampshire, six thousand dollars ; county of Hampden, nine 

«n'ooo thousand dollars ; county of Franklin, thirteen thousand one hun- 

Brisioi, dred dollars ; county of Berkshire, twelve thousand dollars ; 

ff^mouih county of Norfolk, eleven thousand dollars ; county of Bristol, 

gi3,300. ' twenty thousand dollars ; county of Plymouth, thirteen thousand 

sr'^nnff^'^' ^^^ hundred dollars ; county of Barnstable, six thousand dollars. 

^ ' [Jlpril3, 1839.] 

CyflUpt DO, Resolve in favor of John V. Low. 

Resolved, that there be allowed and paid, out of the treasury 

of the Commonwealth, to John V. Low, assistant messenger to 

Pay of messen- ^j^g p-ovemor and council, two dollars per day for each and every 

eet to council. , , , , i i i • i • i • i 

day he has been or may be employed m that capacity, durmg the 
sessions of the council for the present year; and that a warrant be 
drawn accordingly, [^pril 4, 1839.] 

Chctp, 5^t Resolve to pay for editing the Journals of the Provincial Congresses. 

Resolved, that there be paid, out of the treasury of this Com- 
jg 1 500 for edit- monwealtli, to William Lincoln, the sum of fifteen hundred dol- 
pfov"cou- ° Jai's, in full for his services for editing the Journals of the Pro- 
gresses, vincial Congresses, ordered to be published by a resolve passed on 
the tenth of March, eighteen hundred and thirty-seven ; and that 
a warrant be drawn accordingly. [^Bpril 4, 1839.] 

f^hnrt ^^ Resolve on the Petition of Arad Dcnison. 

ffsofora wound Resolved, for reasons set forth in the said petition, that there 
while on inilita- be allowed and paid, out of the treasury of the Cominonwealth, 
ry duty- jQ Arad Denison, the sum of fifty dollars, in full compensation 



Chap. 56, 57, 58. 103 

for expenses incurred by him in consequence of a wound received 
while returning from miliiary duty ; and that a warrant be drawn 
therefor, [^pril 4, ISod.] 

Resolve on the Petition of Eleazer Homer. ChcLT) 56 

Resolved^ for reasons set forth in his petition, that there be ^300 for servi- 
paid out of the treasury of the Commonwealth to Eleazer <=*'*,r^"''^''^^'° 

XX I r 1 1 1 1 1 11 II I applicants for 

Homer, the sum ol three hundred dollars ; and that a warrant be u. s. pensions 
drawn therefor, [^pril 5, 1S39.] for rev. servi- 

Resolves relating- to the Evidence of Revolutionary Services. CllCtJ) 57. 

Resolvedj That the papers, books and documents loaned to the 
Secretary of War of the United States, by virtue of resolves, 
approved on the sixteenth day of April, one thousand eight hun- 
dred and thirty-six, may remain in his possession from and after conditions 
the sixteenth day of April next, during the pleasure of the leg- upon which cer- 
islature of this Commonwealth : provided^ that said Secretary of roiis "fcl^mav 
War shall, as soon as practicable, cause to be prepared a siiita- continue in pos- 
ble index of the names of all the officers and privates contained secretary oV^ 
therein, with convenient references, and shall adopt regulations war. 
by which claimants for pensions, or their agents, may be permit- 
ted to examine said papers, books and documents, or may obtain 
information from said Secretary of War, or of the proper officer 
of his department, whenever the same may be requested in wri- 
ting by any such claimant or his agent. 

Resolved, That, if demanded, a reasonable compensation for Reimburse- 
preparing said index shall be paid to the United States, when- q||jred'/toThe 
ever, within five years from the passage of these Resolves, said U. s. forcertain 
index, with all the papers, books and documents loaned as afore- expenses, 
said, together with all other indexes, bindings, filings, or other 
improvements that may be made thereon, shall be transmitted from 
the office of said Secretary of War to the office of the Secre- 
tary of this Commonwealth, agreeably to any order or resolve of 
the Legislature, directing such transmission of the same : and the 
Secretary of this Commonwealth is hereby authorized to stipu- 
late for the payment of such sum as may, in his opinion, be a 
just compensation for preparing said index, if required, as afore- 
said. 

Resolved, That if said Secretary of War shall decline to com- Secretary of 
ply with the provisions of the foregoing Resolves, the Secretary weaUhToTe"-' 
of this Commonwealth is hereby authorized to cause all said claim rolls, <fec. 
papers, books, and documents to be returned to his possession, o7wa77f*^coif- 
agreeably to the condition of said Resolves, authorizing the loan diiions of re- 
ef the same, and to make an index of all the names therein con^pHed 'l^ih 
contained, with convenient references, as aforesaid, [^pril 5, 
1839.] 

Resolve on the Petition of Jonathan Tobey. f^hfW ^R 

Resolved, for reasons set forth in the said petition, that this Hi,ri,t ofiiie 
Commonwealth do hereby transfer, release and quitclaim to the yiaie to certain 
said Jonathan Tobey, his heirs and assigns forever, all the right, ^^"[J, ^eiiiioiier'. 
title and interest of the Commonwealth, in and to a certain tract 



of husband. 



104 Chap. 69, 60, 61, 62, 63, 64. 

of land, situated partly in Freetown, partly in Fairhaven, and 
partly in New Bedford, in the county of Bristol, which is par- 
ticularly described in a deed of conveyance of the premises, ex- 
ecuted on the third day of February, in the year one thousand 
eight hundred and twenty-nine, by William Barron and Hannah 
Barron his wife, and recorded in the registry of deeds in said 
county of Bristol, book 12G, and pages 171 and 172. [.April 
6, 1839.] 

ChfW 59 Resolve making Appropriation for the Quarter Master General's Department. 

Resolved, That the sum of four thousand dollars is hereby ap- 
j^4000 for Q. M. propriated to defray the expenses of the quarter master general's 
parlment^ '^^' department for the current year, and that warrants be drawn 
therefor. [.^jon7 6, 1839.] 

C^hnn 60 Resolve on the Petition of Mary Lewis. 

Resolved, for reasons set forth in the said petition, that there be 
allowed and paid, out of the treasury of the Commonwealth, to 
forrev.ser. Mary Lewis, the sura of fifty dollars, in full for the revolutionary 
services of her late husband ; and that a warrant be drawn therefor. 
[.BprilQ, 1839.] 

ClldVt 61. Resolve on the Petition of the Proprietors of the Rural Cemetery in Worcester. 

Resolved, for reasons set forth in said petition, that the annual 
meeting of the proprietors aforesaid, for the election of officers. 
Time for hold- during the present year, may be held on the first Wednesday of 
ineeti'ng"the"^ ^^^Y "^xt ; the samc being notified in the manner prescribed 
present year, therefor in the by-laws of the corporation ; and that tlie doings of 
said proprietors in said meeting, to be held on said first Wednes- 
day of May, shall be as valid as if the same had been held on the 
first Wednesday of April, now current. [.RprilG, 1839.] 

C/hwp, 62. Resolves to pay the Chaplains of tiie Legislature. 

Resolved, That there be allowed and paid, out of the treasury 
^120 to the of this Commonwealth, to the chaplain of the senate the sum of 
ciapauis. sixty dollars ; and to the chaplains of the house of representatives, 

the sum of thirty dollars each ; and that warrants be drawn ac- 
cordingly. [^Jipril 6, 1839.] 

CJlCip. 63. Resolve on the Petition of William Minot, guardian of Nancy W. Spring and Mary 

Spring, minors. 

Resolved, for the reasons set forth in said petition, that said 
May convey guardian be authorized to convey to the town of Watertown, a 
excluiiige?'* '" piece of land in said Watertown, on the easterly side of the road 
leading from Watertown to Wakliam, and containing about two 
thousand six hundred square feet, in exchange for a piece of land 
on the westerly side of said road, containing about two thousand 
square feet. [.April 6, 1839.] 

CllCtp. 64-. Resolve on the Petition of Milo L. Bennett and others. 

Resolved, for reasons set forth in the said peiition, that the 
Obligations for treasurer of the Conmionwealih is hereby authorized and empow- 
aiownshi'piobe ^red to give up to IVIilo L. Bennett and others, the several obli- 
givenup, on gallons given by them for the purchase of township number six, 

condition. o o j r r ' 



Chap. 65, 66. 105 

of the ninth range of townships, west of the east line of the Slate 
of Maine : provided^ the said Bennett and his associates shall pay 
into the treasury o( this Conimoiivvealih, on or before the first day 
ol July, one thousand eiglit hundred and forty, the sum of twen- 
ty-eight thousand four hundred and forty-eight dollars and eighty 
cents, with interest from the tenth day of June, in the year one 
thousand eight hundred and thirty-five, deducting thcrehoni the 
payments which i)ave already been made, with interest thereon. 
l^prilQ, 1839.] 

Resolve oil ihe I'etilion of Lewis Colhuin. C^llCtp, DO. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of this Comtnonwealih, 
to Lewis Colhurn, the sum of fifty dollars, in full foi- services S^O for services 

. , , , . I . I ,• , . • 11 in revoluiion. 

rendered by nim during tlie war ol the revoluiion ; and that a 
warrant be drawn therefor. \_Jlpril 6, 1839.] 

Resolves conreniing certain laws of oilier Siaies whitli affect the Rights of Cili- r^I-mrt fifi 
zens of Massachusetts. l^nUJJ. UU. 

Whereas, under the laws of several States in this Union, Preamble, 
citizens of this Con)monvvealih, visiting those States for purposes 
of business, or driven tliither by misfortune, often have been, 
and continue to be, though guiltless of crime, cast into prison, 
subjected to onerous fines, and in many instances sold into slave- 
ry ; therefore. 

Resolved, That it is a paramount duty of Massachusetts, to Massachusetts 

• I •.• • .1 • ..J • r II .1 should protect 

protect her citizens in the enjoyment and exercise ot all tlie j,pr citizens in 
rights to which, by virtue of their citizenship, they are entitled, their rights. 

Resolved, that this Legislature hereby protests against the Protest against 
laws in question, as invading the sacred rights of citizens of this other'states^ °^ 
Commonwealth, as contrary to the Constitution of the United 
States, and in utter derogation of that great principle of the 
common law, which presumes every person to be innocent until 
proved guilty. 

Resolved, That his excellency the governor, whenever it Governor au- 
shall be made to appear, to his satisfaction, that a citizen of this take'*nieas°ures 
Commonwealth is imprisoned in another of the United States, 'p procure tlie 
on suspicion of being a slave, is hereby authorized to employ a c'itizeii's°of"this 
suitable person, whose duty it shall be to procure the requisite State, held as 

r • I • J T • .1 • • r .1 slaves in other 

prools in tiie case, to proceed, it necessary in the opinion oi the giaies. 
governor, to the State where the individual is so imprisoned, to 
lay the matter before the proper authorities, and, having obtained 
the release of the said individual, to bring, or cause him to be 
brought to a place of safety ; and his excellency is hereby em- 
powered to draw his warrant on the treasury of this Common- 
wealth to defray the expense thereof. 

Resolved, That his excellency the governor be requested to Resolves to be 
transmit a copy of these resolves to the executives of the seve- ^ajismitted, 
ral States of this Union, and to each of our senators and repre- 
sentatives in the twenty-sixth Congress of the United States. 
[^pril 8, 1839.] 

14 



106 



Chap. 67, 68, 69, 70. 



Chap, 67. 



May conve}' 
certain land. 



Investment of 
proceeds. 



Proviso. 



Chap. 68. 



Commissioners 
to be appi)iiiied 
on the subject, 
to report to next 
Legislature. 



Chap, 69. 



550 for rev. ser- 
vices. 



Chap. 70. 

Tax due from 
bank to be re- 
miiied. 



Resolve on the Petition of Pickering Dodge. 

Resolved^ for reasons set forth in said })etiiion, that the said 
Pickering Dodge is hereby authorized to sell and convey, in one 
or more j^arcels, at public or private sale, certain real estate, 
situate in Lynn, in the county of Essex, which Pickering Dodge, 
deceased, in his lifetime conveyed to his son, tlie petitioner, for 
life, and, at his decease, to the children of the petitioner and 
their heirs, by deed dated the fourteenth of March, in the year 
one thousand eight hundred and thirty-two. And the judge of 
probate for said county is hereby authorized to appoint some 
suitable person or persons, trustee or trustees, to take and hold 
the net proceeds of the sale of said estate, and the same to in- 
vest in public or private securities, or in real estate, and the 
income thereof to pay to said Pickering during his life, and the 
princi|)al moneys or estate to divide, at the decease of said Pick- 
ering, equally among his children or heirs at law. Provided, 
that said Pickering Dodge shall first give bond with sufficient 
surety or sureties, to the judge of probate for said county of 
Essex, faithfully to execute the authority hereby conferred, and 
well and truly to pay over the proceeds of any sales which he 
may make, to the trustee or trustees, to be appointed as before 
mentioned. And provided further^ that the trustee or trustees 
to be appointed as before mentioned, do first give bond to the 
said judge of probate, with sufficient sureties, well and truly to 
execute said trust, in the same manner as trustees of the estates 
of minors or other persons are required to do, by the sixty- 
ninth chapter of the Revised Statutes. [Jlpril 8, 1839.] 

Resolve concerning the introduction of Soft Water into Boston. 

Resolved^ That the governor of the Commonwealth, with the 
advice of the council, is hereby authorized, on the application of 
the city of Boston, to appoint three commissioners, who shall, at 
the expense of said city, after having given such notice to all par- 
ties interested as they shall think reasonable, ascertain and report 
to the next general court all the facts and information which they 
may deem material in relation to the several plans proposed by 
said city for the introduction of soft water into Boston ; and the 
bearing of the same upon the interests of all persons and corpo- 
rations which may be affected thereby. [JlpiHl 9, 1839.] 

Resolve on the Petition of John Cook. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the tieasury of the Commonwealth, 
to John Cook, the sum of fifty dollars, in full for services ren- 
dered by him during the war of the revolution ; and that a warrant 
be drawn therefor. [April 9, 1839.] 

Resolve concerning tlie Bank of Norfolk. 

Resolved, That the tax on the capital stock of the bank of 
Norfolk, which has become due to this Conmionw^ealth, since the 
first day of October, in the year one thousand eight hundred and 
thirty-seven, be remitted, and that said bank be wholly discharged 



Chap. 71, 72, 73, 74. 107 

from the payment of the same : provided^ that said bank defray 
all the costs which may have been incurred by the Common- 
vvealih for the recovery of said tax. [t^pril 9, 1839.] 

Resolves oil ilie Peliiion of John Hector and others, descendants of the Hassana- Chnn 71 
messct liibe of Indians. "* * 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, 
to the judi^e of probate for the county of Worcester, the sum of ^50 annually to 
fifty dollars, annually, in trust, to be by said judge distributed ^etUion'^rs"^&,c* 
among the descendants of the Hassanamesset tribe of Indians, ac- ' 

cording to their wants and necessities ; and said judge of probate 
shall keep an accurate account of such disbursements, and sub- 
mit the same to the examination of the governor and council an- 
nually ; and the governor is authorized to draw his warrant for 
said sum, for the term of ten years, commencing on the first day 
of May next. 

Resolved, That the district attorney for the middle district be Directions to 
hereby authorized and directed to collect, as soon as may be, all !>'*'• -'^"orncy- 
sums of money due on all notes, bonds and obligations, held in 
trust by any person for the benefit of said tribe, and the same, 
when collected, to pay into the treasury of the Commonwealth. 
lApril9, 1839.] 

Resolve concerning the Fulton Bank. (yflCip, 72. 

Resolved, That the tax on the capital stock of Fulton bank, due Tax due from 
to this Commonwealth since the twenty-sixth day of January, in banictobere- 
the year one thousand eight hundred and thirty-eight, be remitted, 
and that said bank be wholly discharged from the payment of the 
same : provided, said bank defray all the costs that have been in- 
curred by the Commonwealth for the recovery of said tax. — 
[April 9, 1839.] 

Resolve authorizing an exchange of Township in Maine. Chcip. 73» 

Resolved, That the land agent of this Commonwealth is hereby 
authorized and empowered to exchange with the State of Maine, Authority given 
township number eleven of the fifth range of townships, west of certain lami"^ 
the east line of said State, belonging to this Commonwealth, for 
any township or tract of land which said agent may deein to be 
of equal value, and make, execute, deliver and receive deeds of 
release therefor. [April 9, 1839. J 

Resolve on the Petition of the 'treasurer of the County of Suffollc. Chttt), 74 

Resolved, for reasons set forth in the said petition, that there 
be allow^ed and paid, out of the treasury of the Cotnmonwealth, Treasurer of 
to Richard D. Harris, treasurer of the county of Suffolk, the ^eSrsed^L 
sum of five hundred and nine dollars and sixty-one cents, being a certain pay- 
the balance paid by him on account of the salary of the district "'^"'• 
attorney for said county, to the first day of June, one thousand 
eight hundred and thirty-eight ; and the governor is authorized 
to draw his warrant accordingly. [April 9, 1839.] 



108 Chap 75, 76, 77. 

ChdJ), 75. I^ESOT.VE on the Ppiilion of Zaccbeus How-was-wee and others, Indians and People 
■* * of Color of Gay Head. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Con)mon\veahh, 
to Leavitt Thaxter, guardian of the Chrisiiantovvn and Chappe- 
5400 for a grist- quiddic Indians, the sum of four hundred dollars, to be by liim 
&c'. o*!! certain*' expended in procuring materials, and erecting, on the westerly 
conditions. part of Martha's Vineyard, a grist-mill for the use of the Gay 
Head Indians and people of color : provided, said Indians and 
people of color shall take such measures as shall secure the 
erection and completion of a suitable mill ; said mill to be occu- 
pied and used by the Indians and people of color of Gay Head, 
under such regulations and restrictions as the governor and coun- 
cil may prescribe : provided, that said Indians and people of 
color shall have the entire ownership and control of said mill, if, 
within five years, they shall repay into the treasury of the Com- 
monweahh the sum hereby allowed ; and the governor is author- 
ized to draw his warrant for said sum, whenever he is satisfied 
that the provision of this resolve is complied with by the Indians 
and people of color, [^pril 9, 1839. J 

Ch(tJ}» 76. Resolves in relation to Boston Harbor. 

Resolved, That his excellency the governor, by and with the 
advice and consent of the council, be authorized and requested 
Commissioners to appoint three commissioners, who shall cause to be taken a 
in relalmCo^^^ copy of the supvcy of the harbor of Boston, made by commis- 
ihe harbor,and sioncrs. Under a resolve, approved the fifth day of March, one 
their duties. thousand eight hundred thirty-five, and upon such copy or 
survey shall define such lines as they shall think expedient to 
establish, beyond which no wharves shall be extended into and 
over the tide waters of the Commonw'eahh, on either side of 
said harbor : provided, that so much of the line as is defined by 
an act, api^roved the nineteenth day of April, one tliousand eight 
hundred thirty-seven, shall be considered the established line 
for that part of the harbor ; and said commissioners shall give at 
least twenty days' notice, in three newspapers published in Bos- 
ton, of the time and place of their meeting to perform the service 
assigned them, that all persons interested may then appear and 
be heard in relation to the same, and shall make report of their 
doings to the governor and council. 
Apprnj-riation Rcsolvcd, that the governor, with the advice of council, 
for defraying j^p authorized to draw his warrant on the treasury for such sums 

expense of com- ~ i- r> i i i i n i 

mission. ol money, not exceeding five htindred dollars, as may be neces- 

sary to defray the expense of carrying into effect the provisions 
of the foregoing resolve. [April 9, 18.39.] 

C^flCip> il. Resolve on the Petition of Elijah Loring and others. 

Resolved, That Job Turner, of Boston, now at the American 
Timo extended Asvliiin for the Deaf and Dumb, at Hartford, be continued a 

for the support ', r-iAi i r • ri r 

ofapersoEi ill iTieiiiber ol said Asylum, as a benehciaiy, lor the term ol two 
A*',]' ''"'^ ^' years beyond the term for which lie is now admitted, according 
to the provisions of law in relation to beneficiaries of this Com- 
monvvealih at that institution. [April 9, 1839.] 



Chap. 78, 79, 80, 81. 109 

Resolve for the payment of Fuel, and for other purposes. CllClt), 78. 

Resolved., That there be paid, out of the treasury of the 
Cotninoiiwealih, to Benjamin Stevens, sergeant-at-anns to the 
general court, the sum of eighteen hundred dollars, to enable him ^isoo for fuel, 
to purchase fuel and other necessary articles for the use of the •^<^- 
general court, and the several public offices in the state-house ; 
and that a warrant be drawn accordingly, [^pril 9, 1839.] 

Rf.solvks on the Petition of John Hancocli, Jr., Guardian of Thomas EIancoci<, of ChttV, 79. 
Boston. 

Resolved, for the reasons set forth in said petition, that the 
same powder and authority given to Samuel Hubbard, former Petitioner to 
guardian of said Thomas, by a resolve passed March twenty- g.f;;„t\P^°7" 
fifth, in the year one thousand eight hundred and thirty-three, to mer guardian, 
sell and convey the real estate therein described, are hereby 
given to said John Hancock, Jr., subject to the same provisions 
therein contained. 

Resolved, That said guardian, or his successor, is hereby au- May sell certain 
thorized to sell and convey, in such manner, on such terms, and '^"'*- 
for such j)rices, as he shall deem expedient, all the right, title 
and interest of said Thomas in and to a certain piece of land, or 
any portion thereof, situate in Boston, between Hancock, Tem- 
ple, Derne and Mount Vernon streets, and bounded by the 
estates lying on said streets, containing in all seventeen thousand 
three hundred and ninety-two feet, according to the division of 
the Hancock estate in eighteen hundred and nineteen, and to 
make and execute good and sufficient deeds thereof, in fee sim- 
ple, to the purchaser : provided, that said guardian shall have Proviso, 
first given the bonds required by law to be given by guardians, 
on the sale of real estate belonging to their wards. [Jlpril 9, 
1839.] 

Resolve concerning the Kilby Bank. i^hctp. 80. 

Resolved, That tlie tax on the capital stock of the Kilby 
Bank, due to this Couunonwealth from the twenty-ninth day of Tax due from 

J. , 1-11 1111- •■ I bank remitted, 

anuary, m the year one thousand eight hundred and tnn-ty-eight, 

be remitted, and that said bank be wholly discharged from the 

payuient of the same : provided, said bank defray all the costs 

that have been incurred by the Commonweakh for the recovery 

of said tax. [^pril 9, 1839.] 

Resolves authorizing the Land Agent to sell and convey certain Public Lands. CIlCLp. 8 I . 

Resolved, That the land agent of this Commonwealth is hereby 
authorized to sell and convey, to such person or persons as will Authority to sell 
become actual settlers on the Aroostook road, such lots of land IhJ'Aroostook 
as will best accommodate their wants, upon such terms and con- road, 
ditions of payment as said agent may deem expedient for the 
interest of the Cotnmonwealih. 

Resolved, That said agent is hereby authorized and empow- General auihor- 
ered to continue the sales of the public lands in the State of [JJcLedTn- S 
Maine, belonging to this Commonwealth, at public or private townships, 
sale, at such time and place, and upon such conditions, either in 



110 Chap. 82, 83, 84. 

whole, half, or quarter townships, as he may judge will be most 
for the interest of this Commonwealth, and convey the same by 
good and sufficient deeds : provided, however, that the aggregate 
of sales, authorized by this resolve, shall not exceed ihe number 
of six townships. [J?pri/ 9, IS39.] 

C/h(tV, 82. Resolve making an appropriation for the Stale Lunatic Hospital. 

Resolved, That theie be paid, out of the treasury of the Com- 
58000 for cur- monwealih, a sum not exceeding eight thousand dollars, to defray 
rent expenses the Current expenses of the State Lunatic Hospital; and that 

of Lunatic Hos- . , ^ , r , i-ici 

pital. warrants be drawn therelor, as the same may be required lor the 

purposes aforesaid, [,/lpril 9, 1839.] 

ChcLT) 8*? Resolves relating to the Printing of the Laws and Resolves. 

Resolved, That at the close of each session of the general 
New form of court, the secretary of the Commonwealth shall collate and cause 
printing laws, ^q be printed, in one volume, corresponding in style and arrange- 
ment with the edition of Private and Special Statutes, published 
under the resolve of April 16, 1836, all the laws, resolves, and 
other public acts, general and special, passed during said session. 
Repeal of part Rcsolvcd, That SO uiuch of the existing law, prescribing the 
of a previous number of pages which shall constitute a volume, is hereby re- 
pealed, so far as it may affect the published laws of 1S37 and 
1838 ; and that the secretary be directed to prepare a general 
index to those laws, and to cause the same to be printed and 
distributed in the usual manner, [^pril 9, 1839.] 

ChciV, 84 Resolve to provide for Printing the Reports of the Scientific Surveys. 

Resolved, That the governor is hereby authorized to procure 
Nuniherofcop- the publication of fifteen hundred copies of the reports which he 
irbT^'rimed'^ ^^^^ received, or may hereafter receive, under the resolve of the 
twelfth of April, in the year one thousand eight hundred and 
thirty-seven, providing for a further geological, mineralogical, 
botanical and zoological survey of the Commonwealth ; and to 
draw his warrant, with the advice and consent of the council, 
upon the treasurer of the Commonwealth, for such sums as may 
be necessary for that pin-pose. 
Distribution Resolved, That the said copies, when published, be delivered 

thereof. jq {[^q secretary of the ComiTionwealth, to be distributed in the 

following manner : twelve copies to the governor ; six copies to 
the lieutenant governor ; one copy to each member of the coun- 
cil, senate, and house of representatives ; one copy each to the 
secretary, treasurer, and to each clerk and chaplain of the two 
houses ; one copy to the secretary and one to each member of 
the board of education ; twenty copies to the geological sur- 
veyor, and ten to each commissioner appointed under the resolve 
of Apiil 12, 1837 ; five copies to be deposited in the library of 
the State ; one copy to each town in the Comnionw^ealth ; two 
copies each to Harvard, Amherst, and Williams colleges ; one 
copy each to the theological seminaries of Andover and Newton ; 
one copy to each incorporated atheneum, lyceum and academy 
in the Commonwealth ; one copy to the American Academy of 



Chap. 85, 86, 87. .111 

Arts and Sciences ; one copy to the Antiquarian Society at 
Worcester, and one to the Pilgrim Society at Plymouili ; one 
co[)y to the Massachusetts Historical Society, and to every 
other incorporated historical society in the Commonvveakh ; one 
copy to the State Lunatic Hospital at Worcester ; one copy to 
the Boston Society of Natural llislory ; one copy to the Essex 
County Natural History Society ; one copy each to the IVlassa- 
chusetts and Salem Charitahie Mechanic Associations ; one 
copy to the library of the East India Marine Society, in Salem ; 
two copies to the library of the United States ; one copy to the 
executive of each State in the Union ; one hundred copies to 
be placed at the disposal of the governor, and the remainder to 
be subject to the further order of the Legislature. [^April 9, 
18.39. J 

Resolve concerning itie Aroostook Road. CylKlV* 00« 

Resolved, That the land agent of this Commonwealth is here- 
by authorized to take such measures as may be necessary for Authority for 
completing the Aroostook road from the place where the same exieudmg road, 
was completed last year ; thence northwardly to where it 
strikes the St. Croix river, a branch of the Aroostook river ; 
and his excellency the governor is hereby requested to draw 
warrants on the treasury in favor of said agent, from time to 
time, as said agent may require for the purpose aforesaid, not 
exceeding however the sum of ten thousand dollars in the aggre- Limit of ex- 
gate amount, to be paid out of the proceeds of the public lands. P^"^^ iiiereof, 
[Jpril9, 1839.] 

Resolve for ihe payment of certain expenses for the Codification of the Criminal Law, (J/lUp, 8d« 

Resolved, That there be allowed and paid, out of the treasury 
of the Commonwealth, from time to time, such sums, not ex- Appropriation 
ceedins; six hundred dollars in the whole, as may be necessary to p°c„ses o'f'com- 
defray expenses incurred, and to be incurred, by the commis- missioners. 
sioners, appointed under the resolve of March the tenth, in the 
year one thousand eight hundred and thirty-seven, to reduce so 
much of the common law of Massachusetts, as relates to crimes 
and punishments, and the incidents thereof, to a written and sys- 
tematic code, for paper, stationary, copying of manuscripts, and 
other incidental expenses, not provided for, by said resolve ; and 
that the governor be authorized to draw his warrant therefor. 
l^pril 9,^ \ 839.] 

Resolve on the Petition of Martha Hyde, guardian of Margaret P. Hyde and Han- (JJifiri 37 

nah S. Hyde, minors. 1 ' 

Resolved, for reasons set forth in said petition, that the said Petitioner may 
Martha Hyde, guardian as aforesaid, is hereby authorized to sell, spj.'i.'^^j'fjnd''^" 
by public auction, and convey two undivided seventh parts (being 
saiti minors' interests) of the following real estate, situated in Bos- 
ton, in the county of Suffolk, and bounded as follows : north- 
easterly on Leverett street, eighty-four feet and ten inches ; 
souilieasterly on Second street, thirty-one feet and four inches, 
more or less ; southwesterly on land now or late of L Mans- 



112 Chap. 88, 89, 90. 

field, thirty feet and four inches, more or less ; southeasterly 
again on said land now or late of said Mansfield, twenty-four feet 
and six inches, more or less ; southwesterly on land now or late 
of J. Baxter, Jr., forty-two feet and eight inches, more or less ; 
northwesterly on land now or late of Bant Bionsdon's heirs, 
twenty-one feet and one inch, more or less ; southwesterly again 
on said land of said heirs, thirteen feet and ten inches, more or 
less ; then northwesterly again, on land of said heirs, and land of 
the late Alexander Townsend, thirty-nine feet, more or less, to 
the first named bounds in said Leverett street ; or however oth- 
erwise the same may be bounded or described, being the same 
estate of which Ezra Hyde, late of said Boston, and father of 
said minors, died seized : provided, that the said Martha Hyde 
shall first give bond to the judge of probate of the county of 
Suffolk, with sufficient sureties, conditioned that the said guardian 
will, in all things relating to said sale, conform to the requirements 
of the law providing for sales by administrators of the real estate 
of persons deceased, for the payment of debts ; and to account 
for the net proceeds of such sale, to the said judge of probate, 
within three months after making the same, [^^pril 9, 1839.] 

ChciPt o8. Resolve for the payment of certain Military and Miscellaneous Accounts. 

Resolved, That there be allowed and paid, out of the public 

miscellaneous'^ treasury, to the several persons mentioned in the two accompa- 

and military nying rolls, the one of military, the other of miscellaneous ac- 

accounis. counts, the sums set against their names respectively, amounting 

in the whole to the sum of fifteen thousand and foiu* dollars and 

eighty-six cents, the same being in full discharge of the accounts 

and demands to which they refer ; and that a warrant be drawn 

accordingly. [April 10, 1839.] (The Rolls, referred to, ivill 

be found in a subsequent part of the volume.) 

Chap. 89. Resolve relating to Repairs of the Slate House. 

Resolved, That the committee on public buildings be author- 
^lOCO for re- ized and directed, during the recess of the general court, to cause 
house°^*'^^^ such repairs and alterations to be made in and about the State 
house, as in their opinion are necessary for the preservation of 
the building : provided, that such repairs do not exceed the sum 
of one thousand dollars ; and that the governor be authorized to 
draw warrants for the payment thereof. [Jlpril 10, 1839.] 

Chfll) 90 Resolves relating to the Accounts and Expenditures of the Commonwealth. 

Resolved, That the governor of the Conmionwealth, with the 
(Commissioners advice and consent of ilie council, is hereby authorized to appoint 
to report on three ucrsons, to constitute a board of cou)tnissioners, to report 

meilioil ol keop- t r • i • • r i i i • i 

ing:, ifec, the to the next Legislature such a revision ol the laws relating to the 
Smie"'^°^''"^ keeping and accrediting of accounts and the payment of moneys 

from the treasury, as lliey shall deem expedient. 

Compensation Resolvcd, Tliat the Compensation of each commissioner shall 

ofcom'rs. be ilirec dollars for each day, and one dollar for each ten miles 

travel to and from their several places of abode : provided, that 

no commissioner shall receive in the whole, for his services, more 



Chap. 91, 92. 113 

than fifty dollars, exclusive of his fees for travel ; and the gov- 
ernor is atuhorized to draw his warrant on the treasury according- 
ly, l^pril 10, 1839.] 

Resolves concerning ilie Massachusetts Claim. CllCtp, 91. 

Resolved, That the rejection hy the house of representatives, 
at the late session of Congress, of an appropriation to pay the Rejeciionofthe 
sum reported by the secretary of war to be due to the state of ofj'u^Ucef"'^ 
Massachusetts, for services, disbursements, and expenditures 
during the late war with Great Britain, is a denial of justice to 
this Commonwealth. 

Resolved, That a copy of these resolves, and the report ac- Resolve to be 
companying the same, be transmitted to each of our senators and "'ansmiited. 
representatives in Congress. [^Jlpril 10, 1839.] 

Resolve for Auditing certain Newspaper Accounts. CJlflT) 92 

Resolved, That Benjamin Stevens, sergeant-at-arms to the sergeant-at- 
eeneral court, be authorized to audit and settle all accounts for arms to audit 

■ • ccrtcLin ncvvS" 

newspapers furnished to members during the present session, by paper accounts, 
order of either branch, which have not been audited, and that the 
sum of three hundred dollars be paid out of the treasury for that 
purpose, to the said Stevens, he rendering an account therefor ; 
and that a warrant be drawn accordingly. [Jlpril 10, 1839.] 



15 



114 



ROLLS OF ACCOUNTS, 

Referred to, and allowed, in some of the previous Resolves, 



PAUPER ACCOUNTS. 

(See Resolve of March 22, at page 98.) 

Attleborough, for support of Lovisa Bacon, Waterman 
Colvin, Thomas Riley, Mary Mars, John Mars and Mi- 
chael Mars, the last two being children ; also, for funeral 
expenses of said Riley, ^44 80 

Ashburnham, for support of William Stinegar and James 

Weeks, adults, 28 70 

Amherst, for support of Peter Jackson, Sarah Jackson, 
Wealthy Mack, adults ; and Cyrus B. Mack and Benj. 
F. Mack, children ; also, for the funeral expenses of 
Wealthy Mack, 95 64 

Adams, for support of Phila Hill, Lydia Townsend, Sa- 
rah Goodrich, Polly Martin, Sally Martin, Timo. 
Shippy, John, Sally and Lydia Ann Pettis, Christo- 
pher and Ann Pettit, John Hully, Luther Elvvell, 
Freelove Pettis, John Whitman, Mrs. Ryan, Lillis 
Hambleton, Peter Seaver, Susan Lions, Tho. Hines, 
Miss Lornenn, Loisa Blanchard, adults ; Tiuman, Ed- 
win, George and Laura Pettis, Francis and Catharine 
Pettit, Jane Shepherd, and three other children ; also, 
for the expenses of burial of Geo. Pettis, Luther EI- 
well, Freelove Pettis, John Whitman and Peter Seaver, 370 26 

Amesbury, for support of Robert Baker, Michael Delania, 

Tho. Grant and wife, adults, and four children, 35 27 

Add to the allowance of Amesbury, 28 00 

Auburn, for support of Sarah Weser, John Conner, El- 
len Conner, Richard Hutchinson, John Lane, Judith 
Lane, Mary Shannon, Mary Dervise, Martha Boyden, 
adults ; Patrick Conner, Jeremiah Conner, Lavina 
Shannon, Tho. Shannon, Wm. Dervise, Catlierine 
Dervise, children ; and funeral expenses of Mary Der- 
vise and Martha Boyden, 133 85 

Andover, for support of Sukey Hornsby, Flora Chandler, 
Dinah Chadvvick, Rosannah Coburn, Lucy Foster, 
Ann Robinson, Mary Sigourney, John DolofF, James 
Crangle, Maria Davis, Susan Currier, E. C. Coburn, 



PAUPER ACCOUNTS. llo 

adults ; Julia Ann Robinson, Sarah, Mary Ann and 
John Cassady, Hannah Highlands, Maria H. Davis, 
Susan, David and Mary Currier, and Caroline Ide, 
children, #348 27 

Alford, for funeral expenses of George Allen, 5 00 

Abington, for support of Margaret Jack, and Hannah 

Palmer, aduhs, " 33 32 

Brimfield, for support of Tho, Corbin, Harriet More, 
James Waley, Joseph Fowler and wife, adults ; and 
Geo. P. Parker and Mrs. INIore's child, children, 70 08 

Belchertown, for support of Hannah Levens, adult, 25 55 

Bedford, for support of Violet More, adult, 25 55 

Bridgewater, for support of Fanny W. Means, Rachel El- 
laba, Benj. Mehuren, Hannah Fowler, James Robin- 
son, Benj. Brooker, Austin O. Connell, adults ; and 
Isaac Wood, child, 123 38 

Brookfield, for support of John Anderson, Mary Ann 
Anderson, Elizabeth Clark, Edward Roach, Michael 
Dorety, John Kile, John Sullivan, Joanna Sullivan, 
Edward Chehon, Mary Chehon, John Chehon, adults ; 
and James Clark, Cha's Phelps, Mary Sullivan, Cath- 
arine Sullivan, Joanna Chehon and Catharine Chehon, 
children, 51 20 

Billerica, for support of Wm. M'Cue, adult, and Thomas 

Malade, child, 7 27 

Blandford, for support of Susan Burdick, Polly Burdick, 

Mary Bradley and Jared Cobbs, adults, ' 102 20 

Brighton, for support of John E. Baker, adult, and James 

E. Comfort, 26 59 

Brookline, for support of George Thompson, adult ; Ann 

Potter and Geo. P. Washington, 54 75 

Beverly, for support of Dolly Claxton, John Kelly, John 
Pollard, Sarah Rehew, Ann Webster, John Brown, 
Wm. Grant, Ginger Wellman and Michael Doran, 
adults ; and Wm. B. Rehew, Catherine Rehew, chil- 
dren, and for funeral expenses of Cynthia E. Grant, 91 19 

Braintree, for support of Titus and Sarah Mallet, adults, 

and Daniel O. Mallet, child, 65 70 

Brewster, for support of Wm. H. Herington and Zecha- 

riah Carswell, adults, 10 60 

Boxborough, for support of Andrew Jackson, child, 9 12 

Barre, for support of James Batchelder, James Mcfelee, 
adults ; Charles Batchelder and Henry Batchelder, 
children, and for funeral expenses of James Mcfelee, 64 23 

Becket, for support of Church Ide, adult, and Jane Par- 
ker, child, 40 15 

Burlington, for support of Venus Rowe, adult, 25 55 

Berkley, for support of Mary Lindell and James Cuddy, 

adults, 51 10 

Boston, for support and burial of sundry state paupers, 12,732 86 
Do. for support of lunatics in the house of correction, 2,192 14 



116 PAUPER ACCOUNTS. 

Boston, for support of paupers in the house of reformation, ^5^291 29 

Bradford, for support of Rose Saunders, Henry Coe and 

Ellen Coe, 54 01 

Concord, for support of Tho. O'Connell, Robert Mar- 
shall, Margarett Carroll, adults ; Milo J. Chapin, Sa- 
rah D. Chapin, Benj. F. Chapin, Sarah Hopkins, 
Eliza J. Hopkins, children, 48 09 

Canton, for support of Edward Doyle, Eleanor Murphy, 
James Donivan, Catharine Sherwood, Ellen Driscoll, 
Dennis Driscoll, Bridget A. Driscoll, Mary Keith, 
adults ; Charles Murphy, Wm. Murphy, Michael Dris- 
coll, Mary Ann Driscoll, David Keith, Wm. Keith 
and Margaret Keith, children, 107 72 

Charlton, for support of David Barry, Geo. Bullard, 
John Leonard, Timothy Flint, Tho. F. Charles, Tho. 
Murphy, Ellen Murphy, Catharine Green and Daniel 
Sullivan, adults ; Wm. Murphy, Tho. Murphy, Patrick 
Murphy, Geo. Bennett and Permelia Alexander, chil- 
dren, 79 02 

Chelmsford, for support of Richard Murphy and John 

Steward, adults, 28 14 

Coleraine, for sujiport of Kate Van Voltenburgh, Mary 

Hart, adults, and Samuel Jackson, child, 65 70 

Chelsea, for support of Betsey Jones and Catharine Ad- 
ams, adults, and Wm. Hafty, child, 45 75 

Carver, for support of CufF Collins, an adult, 25 55 

Cumniington, for support of Brister Peirce and Amos 

Dodge, adults, 29 82 

Conway, for support of Sally M'Murphy, Bernard M'Cle- 
ry and Ephraim Sampson, adults ; William, Abigail, 
Catharine D. and Eunice Clark, children, and funeral 
expenses of Bernard M'Clery, 93 21 

Cheshire, for support of Noel Randall, Levi Peirce, 
Ephraim Richardson, Polley Cooper and Joel Lilly, 
adults, and for funeral expenses of Joel Lilly, 130 09 

Clarksburg, for support of Caroline Hill, child, 3 64 

Charlestown, for support and burial of sundry state pau- 
pers, 3579 76 

Cambridge, for support and burial of sundry state pau- 
pers, 1554 28 

Danvers, for support and burial of sundry state paupers, 281 74 

Duxbury, for support of John Carnes, Sarah Simmons, 
Hannah Chummuck, James Crosley, Jr., Elizabeth 
Crosley, John Crosley, adults ; E. G. H. Chummuck, 
Jerusha Crosley, Jane, George and Edmund Crosley, 
children, 149 71 

Dover, for support of Joseph H. Wight, Geo. W. Snow, 

and Joseph H. Snow, children, 39 00 

Dartmouth, for support of CufF Freeborn, James McMen- 
nomen, Wm. Shaw and Jose Flores, adults, and for the 
burial of said CufF Freeborn and Jose Flores, 64 95 



$51 
152 


10 
50 


76 


65 


17 


67 


44 
14 


78 
60 



PAUPER ACCOUNTS. 117 

Dudley, for support of Timothy Wakefield and Priscilla, 
Wakefield, adults, 

Dudley Indians, for support of, 

Dalton, for support of Mary Hoose, Abigail Rider and 
Sylvia M'Intire, adults, 

Dedbam, for support of Estber Scott, Mary Canada, 
adults ; and Henry and Mary Ann Canada, cbildren, 

Dorcbester, for support of Isaac Watts, adult ; and Sarah 
Hague, Adeline Tovvnsend and Mary Byrn, cbildren, 

Digbton, for support of Rboda F. Hill, child, 

Essex County, for support of Lunatics in the House of 

Correction, 1033 71 

Enfield, for support and burial of Deborah Buttworth, 

adult, 10 46 

Essex, for support of John Colnian and Rebecca Kimball, 

adults, 51 10 

Egremont, for support of Betsey Dorily, Reuben Vanquil- 
den, Daniel Gunn, Ruble Gunn, Anson C. Decker, 
adults ; Marcus Gunn, Caroline Gunn, Eveline Gunn, 
and other cbildren, 159 70 

Eastbampton, for support of Submit Bailey, Arama Bailey, 

adults ; and Henry O. Jones, child, 65 70 

Easton, for support of James Quinly, John Carrol], Ma- 
ry A. Cromwell, Tho. Knovvles, adults ; Fred. Crom- 
well, child ; and funeral expenses of Tho. Knowles, 44 78 

East Bridgevvater, for support of Elihu Stevens, Jane 
Chesnut, Betty Chase, Robert Seaver, Elijah Keech, 
adults ; and Francis Cromwell, child ; and burial of 
Betty Chase, 

Eastham, for support of Sarah Ann Holden, adult, 

Franklin, for support of Lyman Redwood and Mary E. 
Smith, adults, 

Falmouth, for support of Daniel Johnson, adult, 

Fitchburg, for support of Edah Taunty, Nicholas Torrey, 
and Mary Tauney, adults ; and Mary, Thomas and El- 
len Tauney, cbildren, 48 92 

Framingbam, for support of Primus Titus, Daniel Camp- 
bell, Alonzo Stiles, W. M. Taylor, adults ; and Jane 
Blake, child, ' 73 85 

Foxborough, for support of J. H. Hayden and Caroline 
G. Howe, adults, 

Fairhaven, for support and burial of sundry state paupers, 

Fall River, for support of sundry state paupers, and fu- 
neral expenses. 

Fall River Indians, for support of, 

Greenfield, for support of Mary Taggart and John Hur- 
ley, adults, 

Gloucester, for support and burial of sundry state paupers. 

Gay Head Proprietors, for suj)port of Thomas Morse, 

adult, 25 55 

Great Barrington, for support of John McGeorge, Joanna 



81 


29 


21 


42 


12 


81 


14 


70 



IS 


41 


230 


58 


490 


57 


128 


50 


26 


04 


160 


42 



118 PAUPER ACCOUNTS. 

Porter, Lucy Porter, Eben. Ayres, adults ; and Wm. 
Wells, child, #107 35 

Groton, for support of Tho. Benson and Molly Williams, 

aduhs, 42 49 

Granville, for support of Mary Barden, Sally Stewart, 
Marvin Munn, N. J. Lammany, adults ; and Chancey 
Goodrich and Tho. Watson, children, 87 65 

Gill, for support of Mary Lamson and Mary Ann Barr, 

adults, 51 10 

Grafton, for support of Cornelius Johnson, John Johnson, 

George Bullard, adults ; and Ellen Bassett, child, 60 59 

Granby, for support of B. Murray, adult, 25 55 

Harwich, for support of James Robinson, adult, 25 55 

Heath, for support of Lydia Lamphin and Charlotte Whit- 

aker, adults, 43 50 

Hardwick, for support of Philenia Clark, Almeda R. 

Treat, adults; and L. M. Treat, child, 53 38 

Hancock, for support of Mary Clark, Joseph Simpson, 
Esther Simpson, Polly Crocker, adults ; Lydia Bel- 
cher and J. H. Helms, children, 
Haverhill, for support and burial of sundry state paupers, 
Hadley, for support and burial of Lucrelia Gale, adult, 
Hubbardston, for support of Daniel Mundell, adult, 
Hatfield, for support of Lucy Wheaton, adult, 
Hanson, for support of Betty Joel, adult, 
Hingham, for support of Adaline Ferguson and Betsey 

Buckley, adults ; and C. A. Ferguson, child, 19 24 

Holden, for support of John Bay, Hannah Johnson, 

adults, and a child, 
Holliston, for support and burial of sundry state paupers, 
Hamilton, for support of Roger Martin, adult, 
Ipswich, for support of John O'Brien, adult, for 1837 

and '8, 
Kingston, for support of Sophia Holmes, adult, 
Leicester, for support of Jack Cambridge, Mary Davis, 
J. E. Harty, Geo. Bullard, A. C. Bell, Lydia Nich- 
ols, adults ; Mary Ann Conroy, Wm. Nichols and 
Geo. Nichols, children, 58 04 

Longmeadow, for support of Lewis Depatra, Rebecca 

Depatra and Lewis Depatra, Jr., adults, 22 05 

Lowell, for support and burial of sundry state paupers, 2272 21 
Lunenburg, for support of Jenny Mitchell, adult, 14 84 

Lenox, for support of sundry state paupers, 227 12 

Littleton, for support of A. M. T. Jones, Pamelia Put- 
nam, James Foster, adults, and Wm. Jorden, child, 47 37 
Leominster, for support and burial of William Shearer, 

adult, 27 33 

Lexington, for support of Emery Gaffield, Rhoda Ken- 
iston, adults, and a child, and funeral expenses of said 
Gaffield, 50 78 

Lanesborough, for support of sundry state paupers, 376 45 



110 


85 


244 


03 


25 


58 


25 


55 


25 


55 


25 


55 



5 


03 


153 


52 


2 


59 


51 


10 


25 


55 



PAUPER ACCOUNTS. 119 

Lee, for support of sundry state paupers, $205 22 

Leyden, for support of Tasey Clark, Hannah Cole, Sa- 
rah Stanion, Ruth Abel, Joseph Abel, adults, and 
Henry Sampson, child, 135 11 

Lynn, for support and burial of sundry state paupers, 328 98 

Ludlow, for support of Timothy Haskall, Lovina Powers, 
Harvey Olds, Betsey Rood, Betsey A. Rood, adults, 
and five children, 92 97 

Middleborough, for support and burial of sundry state pau- 
pers, 146 70 

Monson, for support of Seth Thrasher and wife, and John 

Williams, adults, 76 65 

Medfield, for support of Robert Bentley, James Wiley, 

adults; Edson Fales, child, 17 68 

Middlesex county, for support of lunatics in the house of 

correction, 330 14 

Methuen, for support of John Hyde, Wm. Richards and 
Martha Howard, adults, and for funeral expenses of 
John Hyde, 72 69 

Millbury, for support of sundry state paupers, 22 79 

Medford, for support of Michael Farrell, Lydia Brooks, 
Barzillai Yarmer, Catharine Brady, Henry Stackpole 
and Francis Morgan, adults ; Elias Brooks, Maria 
Brooks, Mary Ann Brady, John Brady, children, 84 98 

Milton, for support of sundry state paupers, 166 71 

Marblehead, for support of sundry state paupers, 101 56 

Manchester, for support of James Abbott, adult, and Jos. 

B. Wheaton, child, 31 75 

Milford, for support of Henry Burley, Israel Ober, Mary 
Austin, adults ; Sarah Ober, Caroline Austin, children, 
and funeral expenses of Caroline Austin, 49 05 

Mount Washington, for support of Henry Tyler, adult, 25 49 

Marshfield, for support of John Quako, adult, and Phebe 

Quako, child, 40 15 

Maiden, for support of Wm. Granger, Nicholas Frances, 
Deborah Saco, Sarah Branard, Mary Conley, Caroline 
Harris, Betsey Harris, John Waters, Ellen More, 
adults ; Caroline Harris, Albert Harris, children, and 
for burial of Albert Harris, 158 90 

Medway, for support of Mrs. Welch, Rebecca Ashur, 

adults, and one child, 19 84 

Mendon, for support and burial of sundry state paupers, 96 18 

Marshpee, for support of .John Odiorne, Geo. Jones, 
Ephraim Jerrett, John Hazard, Lois Pells, Patience 
Crook, Spencer Edwards, Mary Edwards, Andrew 
Brown, Anna Brown, James Wells, Mercy Casko, 
and funeral expenses of Andrew Brown, 214 65 

Northampton, for support and burial of sundry state pau- 
pers, 400 59 

North Bridgewater, for support of James Dorrin, Hannah 
Palmer, Charlotte Wood, adults ; and E. M. Wood, 
child ; and burial of .TamcsDorrin, 63 46 



120 PAUPER ACCOUNTS. 

Norton, for support of Ann Williams, a child, $14 60 

Norwich, for support of Ruth Sanford, an adult, 25 55 

Northbridge, for support of Wm. Tyra and Hugh Riley, 

adults ; and for burial of Win. Tyra, 41 75 

New Marlborough, for support of Abigail Huntly, Barak 
Huntly, adults ; Eliza Huntly, Amanda, John, Leroy, 
Levi and Gove Huntly, and Edmund Williams, chil- 
dren, ' 19 25 
North Brookfield, for support of Esther Johnson, Wm. 
Johnson, Lydia Lamson, adults ; Sarah Ann Lamson, 
Mary Jane Lamson, children, 41 07 
Newton, for support of Geo. French, Wm. Pickering, 

Patrick Lynch, Patrick Dean, Wm. Green, adults, 58 17 

Needham, for support of Nancy Ryan and John Snmart, 

adults, 91 

Northborough, for support of Jacob West, adult, 25 55 

Newbury, for support of sundry state paupers, 214 84 

Newburyport, for support of sundry state paupers, 599 47 

Nantucket, for support and burial of sundry state paupers, 332 07 
New Bedford, for support and burial of sundry state pau- 
pers, 1068 35 
Natick, for support of Susan Cobb, adult ; Sarah L. 
Cobb, Munroe, Francis, Rachel and Emily Thomp- 
son, children, 68 54 
Oxford, for support and burial of sundry state paupers, 336 03 
Otis, for support of Sampson CufF, and Abigail Hawley, 

adults, 50 68 

Orange, for support and burial of Alden B. Yarrington, 

adult, 14 03 

Plainfield, for support of Elizabeth M'Coy, adult, 13 58 

Pawtucket, for support of Thomas Barnes and wife, and 

four children, 62 38 

Pembroke, for support of Mary Gifford, Billy Sambo, 

James Hoyle, Calista Pierce, adults, 78 40 

Prescott, for support of Edwin Hymes, child, 14 60 

Provincetown, for burial of Joseph Mamuel and Joseph 

Rollins, adults, 10 00 

Palmer, for support of John Foster, Ira Smith, Roxanna 
Snn'th, Charlotte Williams, Austin Hall and Nancy 
Wallis, adults ; and Sally Williams, Roxanna Williams 
and Juliet Smith, children ; and for burial of Ira Smith 
and Charlotte Williams, 105 70 

Pittsfield, for support and burial of sundry state paupers, 454 74 
Plymouth, for support of John McRope, James Maras- 
ha, Samuel Morrill, Cloe, Warren and Sarah Scot, 
adults ; and Martha Ann, John W. and Ellis G. Scot, 
children ; and burial of .Tames Marasha, 69 63 

Quincy, for support of Elizabeth Barron, Sarah Durant, 
Rebecca M. Smith and John Drew, adults ; and for the 
burial of said Elizabeth Barron, 54 28 

Rehoboth, for support and burial of sundry state paupers, 155 11 



PAUPER ACCOUNTS. 121 

Rowley and Georgetown, for support and burial of sundry 

state paupers, $369 45 

Rochesier, for support of Peter Johnson, Peter Pedro, 

Elijah Pedro and Dorcas Howland, adults, 78 12 

Richmond, for support and burial of sundry state paupers, 197 04 

Randolpj), for support and burial of sundry slate paupers, 142 92 

Russell, for support of Abner Clark, Sally Harrington and 

Norman Sears, adults, 76 65 

Raynham, for support of Patrick Morris, adult ; and for his 

burial, 8 29 

Roxhnry, for support and burial of sundry state paupers, 463 25 

Salem, for support and burial of sundry state paupers, 1194 60 

Sutton, for suj)port of James Norhury, adult, 25 55 

Somerset, for support of Polly Hill, adult, 25 55 

Seekonk, for support of Chas. Henry, Julia Hagracy, Ma- 
ry A. Chadvvick, Joanrsa Maccarty, adults ; and Klenor 
H. Freebody, John [''reebody, M. R. Freebofly, Win. 
H. Fieebody, John Hagracy and John Maccarty, chil- 
dren, 30 53 

Scituate, for support of Polly Griffin, Zilpha Scot, Thir- 
za Freeman, James Tounson, Rebecca Fairchild, Asa- 
el Nott, adults ; and Roxanna Freeman, child, 

Shutesbury, for support of sundry stale paupers, 

Sheffield, for sup|iort of sundry state paupers, 

Springfield, for support and burial of sundry state paupers, 

Stouglilon, for support of Isaac Williams, Hector Wil- 
lianis, Mary Williams, adults ; and Hector Williams, 
jr., child ; and burial of Hector Williams, 

Sandwich, for support of Susan Barney, adult, 

Shelburne, for sujiport of Mary Bates, adult, 

Stockbridge, for support of Dorcas Webster, Nancy Dun- 
can, Samuel Rathbun, Israel Doleby and wife, Char- 
lotte Whitford and her three children, 93 56 

Spencer, for support of Mercy H. Freeman, Macheral 
Doherty, Micliael Flinn, James Wiley, and Abigail 
Severings, adults, 30 59 

Shirley, for support and burial of sundry state paupers, 183 64 

South Reading, for support of Tho. VV. Bryant and wife, 
Sarah Kahoe, Geo. Sibbald, Isaac Small, Catharine 
Campbell, Mary Lavvson, adults : Elizabeth Dorin, Car- 
oline Kahoe, Wm. Brown, Geo. Campbell, children, 27 63 

Sturbridge, for support of George Thompson, Rhoda 
Thompson, Samuel Weldon, Bartholomew O'Brion and 
Joim Jackson, adults ; and for error in last year's ac'i., 126 59 

StoneJKun, for support of Chloe Freeman, Nancy Free- 
man, adults ; and for support and removal of Mary 
Wines and family to New Hampshire, 62 10 

Sterling, for support of sundry state paupers, 85 QO 

15 



119 


81 


149 


02 


141 


07 


344 


31 


47 


23 


25 


55 


25 


55 



122 PAUPER ACCOUNTS. 

Sandisfield, for support ofCsesar Shelton, Cliloe Slielton, 
adults ; and Henry King, Melissa King, Nancy Titus, 
Alfred Titus, children, $109 50 

Sharon, for support of Edward Ellis and Elizabeth Ellis, 

adults, 51 10 

Southwick, for support of Ruth Turner, Pamela Hall, 
adults ; and three children, and funeral expenses of 
Ruth Turner, 29 76 

Saugus, for support and burial of Joseph Ciarenbowl, 20 05 

Sudbury, for support of Edward Cheney, W. H. Harring- 
ton, Abraham Bell, adults, 6 09 
Swansey, for support of Tim. W. O'Brien, Judah Mac- 
carty, Rebecca Perry, adults ; and Mary Ann Crank, 
Amanda Watson, children, and one other, 111 31 
Tolland, for support of Job Rodman, Sarah Rodman, 

adults ; Abigail and Wm. Rodman, children, 13 40 

Topsfield, for support of Geo. Drake, Tho. O'Briene, 
Mary Arnold, Phillis Emerson, Eunice O'Briene, 
adults ; and James and William Arnold, Eliza. Dorin, 
children, 80 38 

Tyngsborough, for support of Daniel Cross, child, 3 64 

Taunton, for support and burial of sundry state paupers, 1865 42 
Tyringham, for support of Richard Gardner, Pamelia Fil- 
ley, Jacob Van Deusen, Benj. Rogers, Patty Rogers, 
Sam. Humphrey and Chas. S. Fox, adults ; and for 
burial of Richard Gardner and Sam. Humphrey, 101 49 

Uxbridge, for support of Sylvia Moore, Geo. Bullard, Eliza 
Anthony, Mary Pratt, Eliza Hazard, adults ; Sophia, 
Elzina and Elizada, Benjamin and Jerome Anthony, 
Polly, Rufus, Wm. and Christopher Hazard, and one 
other, children, 70 88 

Upton, for support of Mary Bryant and Oliver Hendrick, 

adults, 
Westfield, for support and burial of sundry state paupers, 
Wilbraham, for support of John Ammidon, Mary Walker, 
Eunice Davis, Rodney Greenwood, Orin Rood, Kath- 
arine Lynch and Wm. Thompson, adults, 
Westhampton, for support of Damaris Stanton, adult, 
West Springfield, for support of Joel Turner, Elijah 
Randall, Lois Shiroy, Anna Turner, Mary Clark, Mary 
M. Clark, Warwick Stoughton, Mary E. Fletcher, 
Alanson Baxter, adults ; Mary Fletcher, child ; and for 
burial of Lois Shiroy and .Toel Turner, 170 43 

Ware, for support of Tho. Denison and Caroline Olney, 

adults, ' 51 10 

Warren, for support and burial of sundry state paupers, 69 58 

Wendell, for support of Lydia Holland, adult, 16 66 

Wareham, for support and burial of sundry state paupers, 161 77 
Weston, for support of Elizabeth Spatsell, adult, 25 55 

Washington, for support of Henry Panton, Mary Fields, 



51 


10 


365 


46 


157 


60 


6 


44 



PAUPER ACCOUNTS. 125 

Sarah Russell, John Thompson and William Lyzett, 

adults, $85 75 

West Stockbridge, for support of Lucy Lane, Samuel 
Bell, John Sullivan, Catharine Sullivan, adults ; Cha's. 
H. Lyons, Cha's. Loree, Lucinda Reed and Andrew 
Sullivan, children, and funeral expenses of Sani'l. Bell, 100 50 

West Newbury, for support of .lonathan Stevens, Sarah 
Hanson, .Fames Smith, Samuel Beder, adults, and 
Cha's. Smhh, child, 68 16 

Wenham, for support of Sarah English, adult, 10 15 

Williamsburgb, for support of Samuel Bamforth, wife, and 

five children, 4 1 03 

West Bridgewater, for support of Susan Derby, Stephen 
Phinney, Mary Goodwin, Mary Cromby, adults ; J. 
H. Derby, Catharine Goodwin and Mary Cromby, 
children, and burial of Susan Derby and Catharine 
Goodwin, 47 22 

Walpole, for support of George Manter, adult, 25 55 

Waltham, for support of James Buchanan, Daniel North 

and Elizabeth Heathcott, adults, 76 65 

Whalely, for support of Paul M'Coy and Jesse Jewett, 

aduhs, " 51 10 

Weymouth, for support of Elizabeth Lavvler, Bridget Car- 
ney, Betsey Buckley, adults, and three children of 
Elizabeth Lawler, and four children of Bridget Carney, 110 25 

Watertowu, for support of sundry state paupers, 236 73 

Wayland, for support of James Wiley, 49 

Westport, for support of Mary Jennings, Mary Ann 

Tuckernish and Thankful Nickerson, adults, 58 94 

Wrenlham, for support of Aaron Johnson, Samuel Cof- 
fee, Susan McTea and John C. Bell, adults, 7 84 

Westborough, for support of Catharine Eastman, Deborah 
Brown, James Wayley, adults ; Libutious Eastman, 
Charles Eastman and Elizabeth Brown, children, 48 87 

Williamstown, for support of Rachel Galusha, John Hen- 
derson, Cha's. Winneka, Amos Deming, .Jesse Horton, 
Abraham Brown, Mary Warren, adults ; Abel and 
Anne Berry, Esther Walker, and burial of said 
Brown, 157 46 

Worcester, for support and burial of sundry state paupers, 373 70 

Worcester, county of, for support of convicts in the jail 
and house of correction, from June, 1837, to January, 
1838, 1416 71 

Yarmouth, for support of Black Let and Wm. F. Peters, 

and for burial of Black Let, 26 81 



48,272 90 
Add the sum of $28, (for explanation of which, see 

Amesbury,) 28 00 

$48,300 90 



124 



RECAPITULATION. 



CORONERS' ACCOUNTS. 



Richard Colton, services as coroner, to January, 

Elijah Hewins, " " 

William Spear, " " 

Theodore Andrews, " " 

Cromwell Leonard, " " 

E. M. Hinckley, " ' " 

Joseph Stowers, " " 

Ebenezer Shute, " " 

Mace Smiih, " '< 



Total, 



March, 



1839, 



p 


90 


9 


22 


21 


96 


8 


00 


15 


44 


48 


24 


54 


00 


148 


36 


85 


16 



$398 28 



MISCELLANEOUS ACCOUNTS. 



City of Boston, for repairs of the Connnonweallh's build- 
ings on Rainslbrd Island, $986 54 

Sleeper, Dix & Rogers, for error in roll of last year, 71 34 

Levi Bigelow, Mark Fay, and Stephen Morse, for taking 

statisiics of Marlborough, in 1537, 7 50 

Oliver Smith and Ambrose Newton, for taking statisiics of 

Middlefield, in 1837, 2 50 

Sylvester Reeves, for taking statistics of Wayland, in 1 837, 2 50 



Total, 



$1070 38 



RECAPITULATION. 



Pauper Accounts, 
Coroners' " 
Miscellaneous " 

Aggregate of the foregoing Roll, 



$48,300 90 

398 28 

1,070 38 

$49,709 56 



PRINTERS' ACCOUNTS. 125 

SHERIFFS' AiND PRINTERS' ACCOUNTS. 

(See Resolve of March 23, at page 98.) 

SHERIFFS. 

Crocker, David, for returning votes- and distributing 

blanks, &c., to November 16ib, 1838, 
Folger, P. S., for returning votes to November, 1838, 
Hayward, Natban, for returning votes and distributing 

blanks, &c., to November 16, 1833, 
Lyman, Josepb, for returning votes and distributing blanks, 

&c., to February, 1839, 
Leonard, Horatio, for returning votes and distributing 

blanks, &c., to January, 1S39, 
Nevers, Jobn, for returning votes and distributing blanks, 

&c., to January lltb, 1839, 
Pease, Isaiah D., for returning votes, and distributing 

blanks, &c., to December 27, 1838, 
Rice, Caleb, for returning votes and distributing blanks, 

to November, 1838, 
Sprague, Josepb E., for returning votes and distributing 

blanks, &c., to January, 1839, 
Varnum, Benjamin F., for returning votes and distribut- 
ing blanks, &c., to Dec. 28, 1838, 
Willard, Calvin, for returning votes and distributing blanks, 

&€., to January 31, 1839, 

$1096 82 

MISCELLANIES. 

Loring, Josiab, for stationary, &c., supplied to February 
ISih, 1839, viz. 

Secretary's Office, $244 98 

Treasury Office, 104 67 

Adjutant General's do. 134 GO 



$60 
39 


30 
44 


56 


60 


127 


00 


86 


60 


100 


50 


32 


00 


59 


10 


122 


70 


144 


80 


267 


78 



$483 65 

Loring, James, for 14 copies of the Massachusetts Regis- 
ter, supplied the Council, 12 25 



$495 90 



PRINTERS. 

For Publishing the Laws of 1838, viz. 

Allen, Phinehas and Son, $16 67 

••JoUes, Samuel, 16 67 



126 PRINTERS' ACCOUNTS. 

Buffiim, Jonathan, 
Cusliing, John D., 
Dearborn & Bellous, in I'l;^ Lowell Patriot <\n(\ Lowel 

Advertiser, 
Earle, John M., 
Phelps & IngersoJl, 
Ives, William & Co., 
Lindsay, B., 

Pi-oprietor of the IMassarhn^ntts F.agh', 
Smith & Ewer, 
Thurbcr, Janics, 
Tripp & Pratt, 
Woodbnrv, Charles W., 



PRhNTRRS. 



^16 


67 


16 

1 


67 


1 

33 


33 


16 


67 


16 


67 


16 


67 


16 


67 


16 


67 


16 


67 


16 


67 


16 


67 


16 


67 



$250 04 



For publishing the Laws, allowed pursuant to a Resolve, passed 
.flpril2btk, 183S, viz. 

Ashley, D. F. & Co., laws of 1837, $16 67 

Atwill, W., laws of 1S37, 16 67 

Beals & Greene, laws of 1837, in the Post and in the 

Statesman, 33 33 

Clapp, W. W., laws of 1837, 16 67 

Dearborn & Bellows, laws of 1837, in Lowell Patriot and 

Lowell Advertiser, 33 33 

Earle, John M. & Co., laws of 1837, 16 67 

Fish, Ebenezer, (estate of,) ]aws of 1837, 16 67 

Foote, Caleb, laws of 1837, in Salem Gazette and Salem 

Mercury, 33 33 

Gourgas, Francis R., laws of 1837, 16 67 

Hanunond & Earl, laws of 1837, 16 67 

Hanghton, Richard, laws of 1836 and 1837, in semi- 
weekly Atlas, ' $33 33 
Laws of 1837 in Daily Atlas, 16 67 

50 00 

Jefts, Eibridge G., laws of 1837, 16 67 

Ives, William & Co., laws of 1837, 16 67 

Knowlton, I. S. C, laws of 1837, 16 67 

Lindsey, B., laws of 1837, 16 67 

Morss & Brewster, laws of 1837, in Newbury port semi- 
weekly Herald and Daily Herald, 33 33 
Proprietors of Boston Daily Advertiser, laws of 1837, in 
Daily Advertiser, Chronicle and Patriot, and Weekly 
Messenger, 50 00 
Proprietors of Boston Courier, laws of 1837, in daily, 

semi-weekly, and weekly Courier, 50 00 

Palfray & Chapman, laws of 1837, 16 67 



AGGREGATE. 127 



SpofTord & Hiirris, laws of 1837, 

Spooncr M., laws of 1837, 

Sleej)er, Dis & Rogers, laws of 1837, in daily and 

weekly Mercantile Journal, 
Smith & Ewer, laws of 1837, 
Tozer, Hiram, laws of 1837, 
Wheildon, W. W., laws of 1337, 
Woodbury, Charles W., laws of 1837, 



p6 


67 


\6 


67 


33 


33 


IG 


67 


16 


67 


16 


67 


16 


67 



$GIG 71 



AGGREGATE. 



Sheriffs, - - - - - - $109G 82 

Miscellanies, ..... 495 90 

Printers, ------ 250 04 

Printers' accounts, allowed pursuant 10 a Resolve, ])assed 

April 25th, 1838, - - - - GIG 71 

^24 59 47 



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136 



MILITARY ACCOUiNTS. 



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MISCELLANEOUS ACCOUNTS. 



137 



MISCELLANEOUS ACCOUNTS. 



Jludited and allowed by the Committee on Jlccounts. 





do. 






do. 






do. 






do. 






do. 






do. 




o.c. 


Greenleaf, 




Benj. 


Loring, 




Clia's 


. Calhoun, 





To Ja's. W. Burditt, for stationary for the senate, 

" " land office, 

" " house of repre's. 

" " attorney genera), 

" " adjutant " 

binding and parchment for secr'y-) 
" " library, 

stationary for the senate, 

" " secretary, 

cash paid for postage, 
Assessors of the town of Koxbury, for 1S37, for tak- 
ing statistics, 
Mace Smith, coroner's expenses, 
Alvira Spear, widow of Lemuel Spear, late a repre- 
sentative from Quincy, expenses of last sickness and 
funeral, 
Tho. Twining, sheriff of Berkshire, 
Jared Ingersoll, for distributing packages to school 

committees, 
Capen, Lyon & Webb, for printing, 
John H. Wheeler, for repairs on state-house, 
James Hendley, 
Asa Swallow, 
Luther Brooks, 
E. H. Snelling, 
Christopher Gore, 
Sam'l Emmons & Son," 
George Kimball, " " " 

D. Safford & Co. " " " 
Wm. Greenough, " " " 
David Murphy, doorkeeper to the house of repre's., 
Alexis Pool, " " " '< 

E. W. Cutting, " " " " 
Milton Hall, " " senate, 

do. for sponge, 

Winslow Leach, page to the senate, 
John W. Homer, " " house, 
Abiel Holt, assistant to sergeant-at-arms, 
Wm. Brown, " " 

Benj. Stevens, sergeant-at-arms, balance of his acct. 
Francis R. Gourgas, for publishing laws of 1838, 
do. " advertising in " 

18 
























$199 56 

10 10 

, 959 57 

23 56 

4 50 

331 20 

53 28 

15 88 

7 75 

2 85 

12 50 
19 16 



109 71 
174 50 

16 50 

166 67 

1294 12 

158 55 

58 83 

94 54 

115 69 

161 09 

24 13 

40 14 

171 67 

73 06 

196 00 

196 00 

196 00 

196 00 

25 

98 00 

98 00 

196 00 

196 00 

1402 39 

16 67 

4 00 



138 



MISCELLANEOUS ACCOUNTS. 



To Wm. W. Clapp & Son, for publishing laws for 1837 
and 'S, 

L. Huntress, for publishing laws for 1838, in Journal, 
do. " " " " " Courier, 

do. " advertising " " " 

do. " " " " Journal, 

Proprietors of Boston Daily Advertiser, for advertising 
in 1838, 

I. S. Knowhon, for publishing laws in Worcester Pal- 
ladium, in 1838, 

do. for advertising in 1838, 

E. G. Robinson, for publishing laws in Norfolk Ad- 
vertiser, in 1838, 

do. for advertising in 1838, 

SpofFord & Harris, for advertising in Essex Gazette, 
in 1838, 

Israel Anisbury, for publishing laws in Taunton Whig, 
in 1838, 

do. for advertising in do. in 1838, 

W. A. Hawley, for publishing laws in Hampshire 
Gazette, in 1838, 

do. for advertising in do. in 1838, 

M. Spooner, for publishing laws in Worcester Repub- 
lican, in 1838, 

do. for advertising in do. in 1838, 

Samuel H. Jenks, for advertising in Nantucket In- 
quirer, in 1835 and '7, 

do. for newspapers for legislature, in 1839, 

Hiram Tozer, for publishing laws in Watch Tower, 
in 1838, 

do. for advertising in do. in 1838, 

Morss & Brewster, for publishing laws in semi-weekly 
Herald, in 1838, 

do. for publishing laws in Daily Herald, in 1838, 

Caleb Foote, for publishing laws in Salem Gazette, in 
1838, 

do. for publishing laws in Salem Mercury, in 1838, 

do. for advertising, in 1838, 

Brimfield assessors of 1837, for taking statistics, 

Free Press Co., for newspapers furnished for legisla- 
ture, in 1838, 

Caleb Foote, for Salem Gazettes, furnished for legisla- 
ture in 1839, 

Badger &. Porter, for American Travellers, furnished 
for legislature, in 1839, 

Nath'l. Willis, for Recorders, furnished for legislature 
in 1839, 

James B. Dow, for Christian Witness, furnished for 
legislature, in 1839, 

Henry Rogers, for National iEgis, furnished for legis- 
lature. 



$\6 C6 

16 66 

16 66 

6 00 

6 QO 

50 00 

16 67 

5 00 

16 66 

6 67 

16 67 



16 


67 


1 


00 


16 


67 


4 


00 


16 


67 


2 


50 


11 


00 


12 


00 


16 


66 


2 


50 


16 


66 


16 


66 


16 


66 


16 


67 


12 


50 


7 


50 


34 


12 


81 


66 


449 


32 


117 


00 


24 


75 


5 


50 



MISCELLANEOUS ACCOUNTS. 



139 



To Benj. Stevens, for Washington Journal, furnished for 
legislature, 
do. for New York Albion, furnished for legislature, 
do. for New York Express, " " 

Kidder &, Wright, for Musical Gazette, for legislature, 
VV. Atwell, for Northampton Courier, " " 

Morss & Brewster, for Newburyport Herald for legis- 
lature, 
Joseph Breck & Co., for N. E. Farmer for legislature, 

in 1838, 
do. for do. for legislature, in 1839, 
Nath'l. Willis,. for Youth's Companion, for legislature, 
D. Ciapp, Jr., for Medical Journal, 
Publishing Committee, for Liberators, 
Wesleyan Assoc, for Zion's Herald, 
Wm. Nichols, for Christian Watchman, 
Saffbrd & Taggart, for Essex Banner, 
Charles P. Bossom, for Yankee Farmer, 
Jona. Biiffum, for Lynn Record, 
Palfray & Chapman, for advertising and papers, for 

legislature, in 1838, 
R. Haughton, for Atlas, for legislature, 
L S. C. Knovvlton, for Worcester Republican and 

Palladium, for legislature, 
Cha's. Woodbury, for Salem Advertiser, for legislature, 
David Reed, for Christian Register, " 
Leonard Huntress, for Lowell Journal, " 
Proprietors, for Plymouth Co. Repub. " 
Benj. Stevens, for Journal of Conimerce, " 



do. 

do. 

do. 

do. 
Proprietors, " 
Hiram Tozer, " 
F. R. Gourgas, " 
H. Rogers, " 

in 1838, 
A. L. Gushing, " 



N. York Evangelist, 
" Niles's National Reg. 
" Madisonian, Wash. 
" Chronicle, " 
" Sunday Morn. News, 

Watch Tower, 

Concord Freeman, 

National jEgis, 



Republics, " 

Dutton & Wenivvorih, for Transcripts, " 

Jas. Thurber, for Old Colony Memorial, " 

S. B. Phinney, for Barnstable Patriot, " 

Tliomas F. Norris, for Olive Branch, " 

Proprietors, for Boston Investigator, " 

Geo. W. Bazin, for Trumpets, " 

L. .losselyn, for Bay State Democrats, " 

J. Taylor, for Springfield Gazettes, " 

George Russell, for Abolitionists, " 

Wm. Canfield, for Fall River Patriots, " 

Sleeper, Dix & Rogers, for Mercantile Journals, for 
legislature. 



$8 00 
6 75 

10 00 
6 00 
3 00 

16 50 



154 


00 


251 


10 


23 


25 


48 


91 


147 


00 


35 


84 


85 


16 


3 


00 


182 


87 


12 


56 


33 


83 


704 


45 


6 


25 


25 


92 


67 


50 


10 


45 


14 


00 


11 


17 


8 


12 


1 


55 


6 


00 


2 


50 


1 


69 


5 


40 


4 


50 


1 


50 


153 


09 


61 


50 




75 


14 


00 


103 


17 


7 


84 


43 


12 


11 


25 


18 


66 




44 


2 


00 



573 78 



140 



MISCELLANEOUS ACCOUNTS. 



To Henry Rogers, for advertising in ^Egis, for legislature, 
" J. P. Smith & T. Parsons, for Daily Advertisers, 

for legislature, 
" Proprietors for Boston Couriers, for legislature, 
" John B. Hull, for Weekly Magazines, for legislature, 
" Homer, Palmer & Adams, for Centinels, Palladiums, 

and Gazettes, for legislature, 
ii w_ "W. Clapp & Son, for Evening Gazettes, &c. for 

legislature, 
" J. H. Buckingham, for N. E. Galaxy, for legislature, 
" Geo. Roberts, for Boston Times, " " 

" J. H. Harris, for Essex Gazettes, " " 

" Beals & Greene, for Posts, Presses and Statesmen, 

for legislature, 
" Charles W. Woodbury, for publishing laws in 1837-S, 

and for advertising, 
" Kneeland & Eastman, for Greenfield Couriers, for le- 
gislature, 
" Benj. Stevens, for clerk hire, 
" Proprietors, for Boston Cultivator, for legislature, 
" John Thornton, for Independent Messenger, for legis- 
lature, 

Owen's bill, to April 9, 1839, 
Sargent's bill, to " " 

6 days additional, as doorkeeper 
6 " " 



" Benj. Stevens, fo 
" do. 

" Alexis Pool, 
" E. W. Cutting, 
" Wm. Brown, 
" Abiel Holt, 
" Milton Hall, 
" David Murphy, 
" J. W. Homer, 



page. 



#3 25 

543 99 
624 89 
261 00 

627 12 



204 


18 


150 


00 


26 


25 


15 


00 


1095 


44 



43 32 



15 


00 


47 


00 


99 


22 


5 


50 


9 


00 


12 


00 


12 


00 


12 


00 


10 


00 


12 


00 


12 


00 


12 


00 


2 


00 



Total amount of this roll, 



$14,909 26 



GOVERNOR'S ADDRESS. 



Representatives' Chamber, Jan. 10, 1839. 

*Bt 12 o'' clock, noon, the Senate and House having assembled in 
Convention, His Excellency the Governor came in, preceded by 
a Joint Committee of the Legislature, and accompanied by His 
Honor the Lieutenant Governor, the Honorable Council, and 
Officers of State, and delivered the following 

ADDRESS: 

Fellow Citizens of the Senate and 

of the House of Representatives : 

We are assembled, at the commencement of another pohtical Annual 
year, to engage in one of the most important works which man is Message, 
ever called to perform. As free government is universally admitted 
to be the greatest human blessing which a nation collectively can 
enjoy, the duty of administering such a government, so as to pre- 
serve and transmit it in its purity, is of the highest responsibility. It 
is eminently so on our part, inasmuch as the prosperity and per- 
manency of the Union depend in no small degree on the manner in 
which the State Governments are administered ; and the cause of 
free institutions throughout the world will be affected by the example, 
which we may exhibit of their tendency to promote virtue and hap- 
piness. Such is the important nature of the trust to which we have 
been called for a season by the People of the Commonwealth, and 
it becomes us to approach the performance of our duties, by a de- 
vout invocation of the blessing of Almighty God. 

We have reason for thankfulness in the great improvement which 
has taken place in the condition of the country during the past year. 
When the last legislature met, it was at a period of general embar- 
rassment in the financial affairs of the Union. The disordered state 
of the currency was felt, to some extent, in every branch of industry. 
In commerce and manufactures the depression was extreme. In the 
course of the year, — in virtue of the inherent energy of an enterpris- 
ing ])eople, placed on a fertile soil, enured to all the labors of pro- 
ductive industry, and blessed by Providence with a bountiful harvest, 
— the country has to a considerable extent wrought itself free from 
its embarrassments, and needs for its entire restoration nothing but a 



142 GOVERNOR'S ADDRESS. 

wise settlement, by the general government, of the financial questions 
still agitated. 

In the patriotic efforts of individuals and institutions to effect the 
return of a sound currency, the banks of Massachusetts have borne 
their full share. A law was passed on the twenty-fifth of April last, 
lagalizing, on certain conditions, the non-redemption of bills over five 
dollars, till the first day of the current year. This act was signed by 
me in the confident expectation, fulfilled by the event, that there 
would be no temptation on the part of the banks to take advantage of 
its provisions. A gradual resumption of specie payments took place, 
as is well known, early in the season ; and the banks of the Com- 
monwealth are now generally in a sound condition. The annual ab- 
stract of their returns, prepared by the Secretary of State, shows, 
that the specie now in their vaults amounts to the sum of two mil- 
lions three hundred and ninety-four thousand six iiundred and twenty- 
four dollars, being about nine hundred thousand dollars more than in 
October, 1837. 

The report of the bank commissioners has been made according 
to law, and will forthwith belaid before the two houses. Their duty, 
it is believed, has been diligently and efficiently performed. The 
value of such a commission is of course to be estimated, not merely 
in the abuses which, when existing, it may bring to light, but in those 
also which in the nature of things are prevented from taking place, 
by the certainty of a rigorous scrutiny of each institution. There is, 
however, no reason to doubt, that the injunctions granted, on appli- 
cation of the commissioners, against the institutions whose farther 
progress was deemed hazardous to the community, have had the ef- 
fect of saving the public from heavy losses. 

By an act passed at the extra session of Congress, in October, 
1837, the payment of the fourth instalment of the surplus revenue 
was postponed till the first day of the present month. By a bill 
lately introduced into Congress, it is proposed that this instalment 
should be farther and indefinitely postponed ; nor is it probable that 
it will ever be paid to the States. The enormous expenses of car- 
rying on the war in Florida, for the expulsion of a remnant of the 
Indian population of that territory, have absorbed this and all the 
other available funds of the United States. 

In the communication made to the Legislature at the commence- 
ment of the last session, I expressed satisfaction at the progress made 
in the settlement of the Massachusetts claim. As it had passed the 
ordeal of the accounting officers of the government on principles 
sanctioned by Congress, and as the amount found due, — two hundred 
and seventy-two thousand seven hundred and sixteen dollars, — had 
been reported to the House of Representatives by the Secretary of 
War, a strong belief was entertained that the session would not close 
without an appropriation. This hope was disappointed ; but as the 
subject may yet be brought up as a part of the unfinished business of 
the last session, I trust the present session will not be allowed to ex- 
pire, without the final performance of this long-delayed act of justice 
to Maine and Massachusetts. I notice, with great satisfaction, that 
the allowance of interest on the principal sums reimbursed to the 
StateS; for expenditures during the war of 1812, has again been 



GOVERNOR'S ADDRESS. 143 

brought forward by one of the senators of Massachusetts. A bill for 
this purpose once passed the two houses of Congress, but failed to 
receive ihe signature of the late president of the United States. A 
part of iiis objections were founded on details of the bill, and might 
be obviated by changes not inconsistent with its main object. As it 
is a comuion interest with several States, there is a reasonable pros- 
pect of its passage. 

At the last term of the Supreme Court of the United States, the 
case of Rhode Island against Massachusetts came on for considera- 
tion. This suit is instituted by Rhode Island, in order, by the in- 
terposition of the Federal Court, to divest Massachusetts of a con- 
siderable territory on her southern boundary, maintained by Massa- 
chusetts to have been in her rightful possession from the first selde- 
ment of the country, and to have been admitted to belong to her by 
Rhode Island, in a mutual adjustment of the question about one hun- 
dred and twenty years ago. The counsel of the Corninonwealih 
moved the court, that the bill of Rhode Island should be dismissed, 
on the ground that the court has no jurisdiction of the case. The 
court alfirmed its jurisdiction, and also granted to Rhode Island 
leave to amend her bill. No ii. formation has since reached the coun- 
sel of this Commonwealth of any further action on the part of Rhode 
Island. Should that State persevere in the suit, it might, in some 
aspects of the case, be a grave question, whether Massachusetts 
should not withdraw her appearance. But if jurisdiction be not pos- 
sessed by the court, the continued appearance of Massachusetts will 
not confer it : if it be possessed, her non-appearance will not take it 
away ; while good may result from having the rights of tlie Common- 
wealth maintained by solemn argument before the court. For these 
reasons, the learned counsel hitherto employed to appear for the 
Commonwealth, will be instructed to continue to defend her inter- 
ests, unless the Legislature, — to whose wisdom the subject is sub- 
mitted, — shall otherwise direct. 

In the course of the past year, the scrip of the Commonwealth 
has been issued to the amount of thirteen hundred and forty thousand 
dollars, in aid of the construction of the various rail-roads in different 
parts of the State. The annual reports of the directors of the sev- 
eral corporations will acquaint the Legislature with their condition 
respectively. The amount of travel over the Eastern Rail-road, as 
far as completed, greatly exceeds the estimate formed by its project- 
ors. On the line of western communication, it is expected that the 
road to Connecticut river will be opened in the course of the ensu- 
ing season, and that great jorogress will be made in the remaining por- 
tion of the route through the State. If no unforeseen cause of delay 
occurs, it may reasonably be calculated, that, in less than three years 
from the present time, the State of Massachusetts, by the application 
of her credit to a moderate and safe extent in aid of individual re- 
sources, will have placed herself in connection with that vast system 
of con)municaiion with the entire west, which has been planned and 
executed by the public spirit of the State of New York, availing 
herself, with wise and profitable munificence, of the natural advan- 
tages which Providence has placed within her reach. 



144 GOVERNOR'S ADDRESS. 

It is highly satisfactory to learn, that the scrip of Massachusetts 
has commanded in London the highest price paid in that city for any 
of the American State stocks. The amount accruing from the pre- 
mium on the scrip, appropriated with other moneys as a sinking fund 
for the uhiraate redemption of the debt, is already greater than was 
anticipated when the first issue of scrip was authorized. The fund 
is now confided to the exclusive care of the Treasurer of the Com- 
monwealth. Tlie great increase of the duties of that oflScer, and 
the growing importance of this fund, induce me to invite the atten- 
tion of the Legislature to the expediency of further provision for its 
management. 

The triangulalion of the State having been completed, a com- 
mencement has been made in the j)rojection of the map. The ori- 
ginal town surveys, in that part of the State in which tliey have been 
examined and reduced, are more generally imperfect than was antici- 
pated. The plans of adjacent towns are often found not to corres- 
pond with each other. In many cases, all delineation of the topo- 
graphical features of the towns is omitted. The joint resolution of 
the 2 1st of April, 1838, authorizes the Governor, if necessary, to 
order a re-survey, in any case in wliich the plan of the original town 
survey is too incorrect to be used in the construction of the map of 
the State. But as the incorrectness of these plans is chiefly dis- 
closed by their failing to correspond with each other when brought 
together, it can in most cases only be ascertained by experimental 
measurements on the spot, to which town the error is to be ascribed. 
This circumstance has made it necessary for the engineer and his 
assistants to repair to the towns in whose surveys the greatest inaccu- 
racies exist, in order, by partial re-surveys, measurements, and fixing 
secondary stations, to obtain the materials for correcting the error. 
This course has been pursued in a considerable number of the towns 
west of the Connecticut river. Tliis part of tlie State presents 
great natural obstacles to a correct survey, and to this cause, no 
doubt, the imperfection of the town maps is in part to be attributed. 
There is, however, reason to apprehend that the same difficulty, to 
some extent, will be found to exist in other parts of the Common- 
wealth, and somewhat delay the completion of this arduous under- 
taking. 

The final report of the Astronomer appointed to make the astro- 
nomical observations and calculations necessary for the construction 
of the map, was rendered towards the close of the last session of the 
Legislature. 

The progress of the Geological Survey of the State has been re- 
tarded by the serious illness of the geologist charged with that impor- 
tant work, nor will it probably be in his power to bring it to a close 
during the present year. That part of his report which was render- 
ed at the last session of the Legislature, sufficiently evinces the im- 
})ortance of his researches, in developing the material resources of the 
Commonwealth. The example set by Massachusetts in instituting 
these surveys has been followed in many of the most respectable of 
her sister states and they have been regarded with great interest by 
men of science in foreign nations. 



GOVERNOR'S ADDRP^SS. 146 

The commissioneis on the various branches of the natural history 
of the Slate are not yet all prepared to submit their final reports. 
Farther opportunity is desired to extend their researches, but no ad- 
ditional appropriations for this object are expected from the treasury. 

The report of the commissioner for the agricultural survey of the 
State will be submitted at an early period, and exhibit the progress 
of his work during the past year. 

The commissioners on the Criminal Law of the Commonwealth 
have been diligently engaged in the performance of their duty, and 
will shorily make report on the method and principles adopted in the 
prosecution of the undertaking, accompanied by a specimen of the 
work. 

Great progress has been made in arranging the papers in the pub- 
lic archives. All the papers down to the year 1775, have been ei- 
ther bound or arranged for binding. The importance of their con- 
tents has thus for the first time been made fully apparent, and their 
use greatly facilitated. It is much to be regretted that the space as- 
signed for the keeping of the public archives is inadequate to the pur- 
poses either of convenience or safety. 

In the estimates from the War Department, submitted to Congress 
at the commencement of the present session, appropriations are re- 
conunended for carrying on the rebuilding of the fortification on Cas- 
tle Island, and the construction of the fortress on George's Island. 
Several years must elapse before the latter and more important of 
these works is completed, and till that period arrives, the port of 
Boston remains defenceless from an attack by sea. Much time has 
heretofore been lost by the tardiness or entire failure of the appro- 
priations ; but I have entire confidence that the sums appropriated are 
expended with the utmost efficiency and fidelity by the engineer 
charged with the construction of these important works. 

The Massachusetls General Hospital, in both its departments, and 
the Institution for the education of the Blind, have been duly visited, 
according to law. The liberal grants from the Treasury to these in- 
stitutions, — the provision made for the education of the Deaf and Dumb 
at Hartford, — and the establishment of the State Lunatic Hospital at 
Worcester, at the sole cost of the Commonwealth, are memorials of 
its legislation of which its citizens will never be ashamed. The sums 
which they have drawn from the treasury are large, but they have 
effected an amount of good not easily to be estimated, and of which 
we may venture to believe that all the fruits are not to be gathered in 
this stage of our being. The reports from these institutions will be 
duly submitted to the Legislature. 

The Massachusetts State Prison has been recently visited by 
the Executive. The annual reports of the inspectors, warden, phy- 
sician, and chaplain, will be laid before the two houses. The state 
of the prison in reference to its government, and the successful ope- 
ration of its discipline, during the past year, have been entirely 
satisfactory. It will appear, from the reports of the inspectors and 
warden, that a pecuniary loss is likely to be sustained by the institu- 
tion, in a distant part of the Union, growing out of the disastrous 
stagnation of business in the year 1837. It is not, however, appre= 
19 



146 GOVERNOR'S ADDRESS. 

hended that this loss will make it necessary to ask the aid of the 
Legislature in supporting the establishment. 

I regret to have to state that no diminution is believed to have 
taken place, during the past year, in the number of persons impris- 
oned for debt. A large proportion of those imprisoned are mariners, 
who appear to be almost wholly shut out from the benefits of the 
recent legislation of the State on this subject. There is reason to 
apprehend, that the greatest abuses exist in this connection ; and 
that the jails of the Commonwealth are habitually made a part of the 
machinery, by which seamen are cruelly defrauded of their hard 
earnings. It is now four years since a law was passed, by which it 
was designed that imprisoinnent for debt, on future contracts, should 
be abolished. By the abstract of the returns prepared in the office 
of the Secretary of State, and transmitted to the Legislature on the 
22d of Febi'uary last, it appears that nearly one thousand persons 
were iniprisoned for debt in the course of the year 1837. This 
extraordinary result seems to show the necessity of further laws to 
carry into effect the purpose of the Legislature, and especially to 
extend its operation to that class of the community most exposed to 
hardships in this respect, — I mean our seafaring brethren. 

The report of the Land Agent will show the progress which has 
been made in constructing the roads through the public lands in the 
State of Maine. The expenditure bestowed on this object will, it 
is believed, be amply returned to the treasury, with a revival of the 
demand for the public lands in that quarter. Wholesale depredations 
upon the timber on these lands still take place. No pains are spared 
to check these ravages on the public property ; but, while the ques- 
tion of jurisdiction remains unsettled, it is in)possible altogether to 
sujjpress them. 

This important question is still in an unsatisfactory condition. 
The matter at issue between the United States and Gieat Britain, 
regards the actual course of the boundary line as described by the 
treaty of 1783. The controversy between the two governments has 
grown out of an assumption, (the origin of which it might not be 
easy satisfactorily to explain,) that it is impossible to run a boundary 
line in exact conformity with the treaty. The legislature of Maine, 
at their last session, authorized a commission of exploration, to ascer- 
tain this point ; and in consequence of the highly judicious measures 
adopted by the Executive of that State, this object, as far as con- 
cerns the most important matters at issue, has been effected. It 
appears from the recent message of his excellency Governor Kent, 
to the Legislature of Maine, and the report accompanying it of the 
commissioners charged with this survey, that no difficulty exists in 
ascertaining, according to the treaty of 1783, the position of the 
norihu'estern angle of Nova-Scotia, or the course of the Highlands, 
which divide the waters flowing into the St. Lawrence from those 
flowing into the Atlantic ocean. It is impossible, in reviewing the 
history of the negotiation on this subject, not to perceive that the 
rights and interests of Maine and Massachusetts were greatly preju- 
diced, by the manner in which it was conducted under the late ad- 
ministration of the General Government. I cannot suppress the 



GOVERNOR'S ADDRESS. 147 

opinion, that if means had been seasonably taken to ascertain the 
character of the country by actual exploration ; and if the question 
on the correctness of the boundary claimed by Maine and Massa- 
chusetts, ill conformity with the treaty of 1783, could have been 
rescued from the vortex of party politics, and discussed under the 
advantages of local interest in the subject, and local res[)onsibility for 
the result, the controversy would long ago have been brought to a 
satisfactory issue. 

The report of the attorney general merits the particular attention 
of the Legislature. The great increase of duty which has devolved 
on that officer will not escape their notice. The suggestions rela- 
tive to a provision to meet a class of expenses frequently occurring 
in the discharge of the duties of his office, appear to me deserving 
of consideration ; and the necessity of effective measures for redu- 
cing the expenses of the administration of criminal justice cannot be 
disguised. 

T feel it my duty again to ask the attention of the Legislature to 
the condition of Warren Bridge, and the various important questions 
connected with it, which remain undisposed of. Public convenience 
and private right seem to call loudly for some definitive arrange- 
ments. 

Considerable inconvenience arises in executing the election law of 
the Commonwealth, as contained in chapter fourth, section thir- 
teenth of the Revised Statutes, whereby it is provided that "in all 
returns of elections, the whole number of ballots given in shall be 
distinctly stated." With all the care that is taken to render intelli- 
gible the blank forms which are transmitted to the towns, from the 
office of the Secretary of State, the blank to be filled by the whole 
number of ballots is, by the returning officers, sometimes left wholly 
vacant, sometimes filled up with the whole number, not of ballots, 
but of separate votes ; and sometimes with a number which, though 
purporting to be the whole number of ballots, will be found on ex- 
amination to be inconsistent with the details of the return. This pro- 
vision for ascertaining the whole number of ballots went into opera- 
tion, for the first time, at the election of electors of president and 
vice president in November, 1836. The Council on that occasion, 
decided not to reject returns thus defective, but to construe the 
election law in this as in all the other points, as favorably as possible 
to the exercise of the elective franchise ; and their course in this res- 
pect has been confirmed by the subsequent practice of the two 
houses. But, in cases like those alluded to, no general method of 
ascertaining the whole number of ballots exists, but that whose known 
incorrectness led to the enactment of the new provision, viz. the 
division of the whole number of votes by the number of names borne 
on the biillot. The subject is not without considerable difficulty. 
The most efficient mode of correcting erroneous returns perhaps 
would be, to require the town clerk to seal up, in open town meet- 
ing, and preserve the original ballots, to be safely kept till the elec- 
tion shall have been fintilly decided by that branch of the govern- 
tnent which is made the ultimate judge in each particular case. 
Whenever a case presented itself of a deficient or erroneous return, 



148 GOVERiNOR'S ADDRESS. 

a precept miglu issue to the town cleik, requiring i)im, in the pres- 
ence of the selectmen, to open and again to count the original bal- 
lots, and make a corrected return of the election. 

The commissioners on the militia, appointed in pursuance of a 
resolve of April 19th, 1838, have attended to the discharge of their 
duty, and will make their report at as early a period as practicable. 
I venture to hope, in the result of their labors, for an efficient rem- 
edy for the evils, under which the militia system among us has long 
suffered. 

The conflicting claims of Massachusetts and New York, relative 
to the possession of tlie western part of the latter state, were ad- 
justed by a convention bearing date the 16tli Dec. 178t). By that 
compact it was stijjulated, that no purchase from the native Indians 
of New York, by any person to whom Massachusetts might grant the 
right of pre-emption of the lands of said Indians, shall be valid, unless 
the same shall be made in presence of, and approved by, a superin- 
tendent, to be appointed for such purpose by the Commonwealth of 
Massachusetts. A resolve passed the Legislature on the 26th Jan., 
1828, authorizing the Governor and Council to carry this stipulation 
into effect. Toward the close of the year 1837, application was 
made to the Executive of this State, on behalf of the persons claim- 
ing the right of pre-emption to sundry parcels of land in the occupa- 
tion of the Seneca and Tuscarora ti ibes of Indians, requesting the 
appointment of a superintendent on behalf of Massachusetts, to attend 
a treaty to be held at Buffalo, in the State of New Yoik. In con- 
formity with this request, a citizen of Buffalo was appointed, who 
was present at the negotiation of the treaty concluded at that place on 
the 15th of January last. This treaty was amended by the Senate 
of the United States, and it was directed by that body, that the 
treaty as amended should again be submitted to the Indians in council. 
The transaction had now assumed such a form, as to make it neces- 
sary that the superintendence of the renewed negotiation should be en- 
trusted to a responsible officer of the Commonwealth, and the Adju* 
tant General was appointed to this trust. In the discharge of this 
duty, he gave his attendance at the Indian reservations in the month 
of August, when a council was held, and subsequently, in the months 
of November and December, while attempts were made, by the 
United States Commissioner, to obtain the assent of the chiefs indi- 
vidually to the amended treaty. Massachusetts has no political nor 
pecuniary interest in these transactions ; but she is bound by com- 
pact to fulfil the office of a protector of the rights of these feeble 
remnants of once powerful tribes. I have reason to think that the 
manner, in which the Adjutant General has performed the duly, de- 
volved upon him, is entirely acceptable to the two j)arties unhappily 
existing among the Indians, as well as to the commissioner of the 
United States. The cost of the superintendency has been defrayed, 
in conformity with usage, by the pre-emptive owners, without any 
expense to the Commonwealth. 

The second annual report of the Board of Education, accompa- 
nied by that of their Secretary, will be forthwith submitted to the 
Legislature. 



GOVERNOR'S ADDRESS. 14 

The annual report of the Treasurer of the Commonwealth has 
been laid before the two houses. It appears from this document, 
that the expenditure of the year has fallen short of that of the pre- 
ceding year, by a sum of more than ^21,000. Owing, however, 
chiefly to the diminished product of the tax on the banks and on 
sales at auction, there has been a decrease in the receipts into the 
Treasury, as compared with those of the last year, of nearly $45,- 
000. If tlie bounty on wheat, to be paid in the course of the pres- 
ent winter, be considered as chargeable on the year 1838, it will 
probably make the expenses of that year equal to those of the year 
preceding. 

It is a necessary result of the growth of the State, tliat there 
should be a gradual increase in the cost of maintaining the public es- 
tablishments. So long as the revenue of the State was partly raised 
from a State tax, accompanied with a provision that the compensa- 
tion of the members of the Legislature should be reimbursed by the 
towns to the treasury, the expenses of the Commonwealth were 
kept within the limits of a severe economy. 

The rapid increase of revenue from the taxes on Bank Capital and 
Sales at Auction, effected a great change in the financial system of 
the Conniionwealih. The people were relieved from the burden of 
an annual State tax, which had been levied, from the settlement of the 
country. The funds accruing from other sources, such as the sums 
received and to be received on account of the Massachusetts Claim 
and the sales of Eastern Lands, and more lately the Commonwealth's 
share of the Surplus Revenue, have been successively pledged or 
disposed of, in such a way as to yield no income, present or pro- 
spective, toward the ordinary demands of the public service. 

But, notwithstanding this diminution or appropriation of all its other 
resources, the Treasury continued to enjoy, up to the commence- 
ment of the year 1837, a large and growing income from the taxes 
just named ; and a corresponding liberality was evinced in the appro- 
priations. The most considerable public charge, the compensation 
of the two Houses, was transferred to the Treasury of the State. 
The existing public establishments were enlarged, and provision 
made for new objects deemed worthy of the patronage of the gov- 
ernnjent. As no part of the income of the State was derived from 
direct taxation, the motives for a jealous vigilance over the public 
expenditure were to some extent weakened. 

It is far from my purpose, however, to intimate that the resources 
of the Commonwealth have been lavished upon unworthy objects. 
To repel any such inference, we need but review some of the prom- 
inent articles of expenditure. Among them are a part of the cost of 
the enlargement of the State Prison, and the foundation and sup- 
port of the State Lunatic Asylum ; the grants annually made to the 
Agricukural Societies, to the Asylum for the Deaf and Dumb at 
Hartford, to the Institution for the Blind, and, more recently, to the 
Eye and Ear Infirmary. Other objects have been the scientific sur- 
veys of the Slate ; an edition of tlie Special Statutes since 1822 ; 
the publication of the Old Colony Laws and Charter, and of the 
Journal of the Provincial Congresses of the Slate. The bounty to 



160 GOVERNOR'S ADDRESS, 

the Militia readied, in 1S37, the sum of thirty-two thousand dollars. 
The extra session of the Legislature for revising the Statutes, the 
session of a large commission in the recess for the same object, the 
printing of their report, and of the volume of the Statutes when re- 
vised, entailed a very heavy expense upon the treasiu-y, in the years 
1835 and 1836. Among the increased expenses of a more doubtful 
character, one of the most considerable is the balances paid to the 
county treasurers. This charge, which, in 1832, amounted to $28,- 
626, has risen, the past year, to ^68,680, and appears to be in a 
state of alarming increase. 

But all other items of increased expenditure are inconsiderable 
compared with that above alluded to, of the compensation to the two 
houses, produced by the joint effect of the augmented size of the 
House of Representatives, and the protracted length of the sessions, 
aided, in a single year, by an increased rate of compensation. By the 
combined operation of these causes, the pay of the Legislature, 
which in 1825 amounted to $36,603, was swelled, in 1837, to 
$164,583. The recent amendment of the Constitution has effected 
some reduction in this charge ; but it was, nevertheless, greater the 
past year than in any former year, with the exception of 1836 and 
1837. During the same period, there has been reduction of expen- 
diture wheiever the Legislature has deemed it practicable and advisa- 
ble ; but to no considerable extent now recollected, with the excep- 
tion of the allowance for State paupers. 

Several of the heaviest of these items of new and increased ex- 
penditure have been thrown upon the treasury during the few last 
years ; such as the extra session, the enlargement of the State 
Lunatic Asylum, the militia bounty, and the increase of county 
balances. 

These heavy drafts upon the public treasury have, in no one year, 
very greatly outrun its actual resources ; and, owing to the authority 
habitually given to borrow money in anticipation of the revenue, they 
have never exceeded its available means. But it has been apparent 
to the Legislature that the actual receipts into the treasury, indepen- 
dent of borrowed money, have fallen short of the expenditure. This 
deficiency, the past year, is stated by the treasurer at $72,352, of 
which the sum of about $45,000 is chargeable to the falling off in 
the receipts. The balance of the account of the state of the 
treasury on the first day of the present month, exhibits a sum of 
$167,990, borrowed in anticipation of the revenue of the ensuing 
year. But when it is considered that the bounty on wheat accrues 
immediately, and that a farther diminution of the bank tax may be 
expected, the utmost that can be depended upon from the actual 
receipts of 1839, is, that they will meet the ex|)enditure of the year, 
and consequently furnish no surplus toward reimbiu'sing the money 
borrowed in advance of the revenue. On the contrary, as the prin- 
cipal part of the revenue is received in the months of April and 
October, while the largest expenditures occur in the first part of the 
year, the loans habitually made in advance of the revenue will be 
needed for current expenses. For these reasons, it will be for the 
Legislature to consider whether it would not be for the benefit of the 



GOVERNOR'S ADDRESS. 161 

treasury, and otherwise for the public advantage, to authorize the 
treasurer to make some more convenient arrangement for absorbing 
the floating debt of the Commonwealth. 

Ahhougli the State of Massacluisetts has taken a just pride in her 
public establishments, in her noble charities, in having set an exam- 
ple to her sister states of the developement of her resources by sci- 
entific exploration, and in other acts of enlightened liberality, I shall 
be pardoned for repeating the suggestion, vvliich I have felt it my 
duty to make on every former occasion like the present, that an 
economy of the public funds is an imperative duty. The resources 
of the State are vast ; but the means of the treasury are limited. 
The most productive sources of revenue are surrendered to the Gen- 
eral Government. Massachusetts lavished her blood and treasure, — 
as freely as any of her sister stales, — in the war by which indepen- 
dence was achieved, and an almost boundless public domain acquir- 
ed. From that ample source of revenue the stales have been shut 
out. The proceeds of the sales of public land are paid into the na- 
tional treasury. A plan of distribution which would have afforded to 
every state a desirable revenue, while it would have saved the coun- 
try the serious embarrassments of a surplus, was enacted by Con- 
gress, but was negatived by the late President of the United States. 
The entire income of the Post Office flows in like manner into the 
National Treasury ; — and above all the impost, — the least burden- 
some and most productive of all the forins of taxation, — belongs ex- 
clusively to the General Government. In this state of things, Mas- 
sachusetts at present has scarce any means of supporting her public 
establishments and carrying on her government, but taxes on the ac- 
tive capital of the community, — taxes easily collected, and therefore 
convenient, — but far from being beneficial in their effect on the busi- 
ness operations of the State. These considerations establish the ne- 
cessity of the utmost prudence in the expenditure of the public mo- 
ney. Several objects of liberal appropriation, it is true, are of a na- 
ture not to require to be repeated or continued ; but too much watch- 
fulness cannot be exercised, in preventing new calls on the treasury 
for other purposes, and beyond the present available resources of the 
State. 

The law passed at the last session of the Legislature prohibiting 
the sale of spirituous liquors, in a less quantity than fifteen gallons, ex- 
cept for certain purposes, has been the subject of much division of 
opinion among the people of the Commonwealth. The sale of ar- 
dent spirits has, from a very early period, been deemed a legitimate 
subject of legal regulation. In addition to its bearing on the public 
peace and order and the morals of the community, — particularly of 
its best hope, the youth of the Commonwealih, — the fact that the 
people of the state are taxed to a large amount, for the support of 
paupers, makes it the imperative duty of the government, by all con- 
stitutional means, to dry up, as far as possible, the acknowledged 
sources of pauperism. The previously existing law on this subject, 
was deemed obnoxious to serious objections. It was urged that it 
gave to the sale of spirituous liquors a direct legal sanction, scarcely 
enjoyed by any other branch of business ; that it established an ex- 



162 GOVERNOR'S ADDRESS. 

elusive privilege, on the part of those able to obtain licenses ; and 
that it made distinctions, not resting on any ground of general policy, 
between the inhabitants of different towns and counties. These con- 
siderations are supposed to have united with those which had direct 
reference to the promotion of temperance, in inducing the Legisla- 
ture to pass the law of the 19th of April last. It was passed by ma- 
jorities of the two houses, much greater than usually exist on ques- 
tions of high moment, and without such divisions as are founded on 
differences of opinion upon general political questions. Regarding 
it as a question of expediency, of which the Legislature Is the only 
judge, I deemed it my duty to sign the law. This official act, I may 
be permitted to say, was not performed without fears, thai the law 
would fail to command that degree of approbation from the commu- 
nity, without which it could not go into successful operation. 

By allowing another session of the General Court to intervene be- 
fore the law should take full effect, the Legislature that passed it 
seems designedly to have afforded an opportunity for a renewed con- 
sideration of the subject. The members of the present Legislature 
have, no doubt, been elected in the belief that it will come before 
them, and they are of course fully acquainted with the opinions of 
their constituents on the merits of the law. All legislation on a sub- 
ject of this nature, as is universally admitted, must depend for its 
success on public sentiment. It will be for the two houses to decide, 
under all the circumstances of the case, whether the great body of 
the people approve the law as a useful practical measure, and will aid 
the magistrate in enforcing it, or whether there is ground to appre- 
hend that opposition to it may continue and increase, to the injury 
of the cause which the law itself was designed to promote. There 
is reason, moreover, to doubt, whether the law in its legal operation 
on the previously existing statutes regulating the sale of ardent spirits, 
has not produced results neither intended nor expected. The whole 
subject, I doubt not, will command the calm, dispassionate, and de- 
liberate revision of the Legislature. 

Resolutions from the State of Connecticut on the public lands of 
the United States ; a report and resolutions from the same State on 
National Executive patronage ; a report and resolutions from the 
State of Maine, on the subject of the North Eastern Boundary ; and 
a report and resolutions from the State of Georgia, on the subject of 
the refusal of a former Governor of Maine to surrender two citizens 
of that State, demanded as fugitives from justice, will be communi- 
cated to the Legislature. 

Permit me, fellow citizens, in conclusion, to tender you my zeal- 
ous and respectful co-operation in all your measures for the welfare 
of our conmion constituents. By the diligence with which we en- 
gage in the public service, we shall best evince our sense of duty to 
the People, who for a time have reposed their highest interests in 
our hands. The trust is momentous ; — the responsibility is great ; 
good or evil for a remote posterity may flow from our conduct. 
May it be our endeavor, by a single eye to the public good, by fru- 
gality in the disposal of the public funds, by a steady adherence to 



MESSAGES. 153 

sound principles, and by a faithful imitation of all that is pure and 
elevated in the example of our predecessors, to secure the continued 
prosperity of our beloved native State. 

EDWARD EVERETT. 



SPECIAL MESSAGES. 



COMMUNICATED TO THE LEGISLATURE DURING THE SESSION. 



NO. I. 

To the Senate : 

I transmit to the honorable Senate, for the information of the two 
houses, the accompanying documents, to which reference was made 
in my communication to the Legislature, this day, viz. 

1. The report of the bank commissioners. 

2. The annual report of the land agent of the Commonwealth. 

3. Reports and resolutions from the states of Maine, Connecticut 
and Georgia. 

The above named documents, being all transmitted in the original, 

it is respectfully requested that ihey may be communicated by the 

Senate lo the other branch of the Legislauire. 

EDWARD EVERETT. 

Council Chamber, 10 January, 1839. 

____ , 

To the House of Representatives : 

I transmit to the honorable House, for the information of the Le- 
gislature, the accompanying documents, to which reference is made 
in my communication to the two houses this day, viz. 

The reports of the board of inspectors and of the warden, physi- 
cian and chaplain of the State prison. 

The annual report of the adjutant general on the state of the militia. 

The above named documenis, being all transmitted in the original, 

it is respectfully requested that they may be communicated by the 

House to the other branch of the Legislature. 

EDWARD EVERETT. 

Council Chamber, 10 January, 1S39. 

_____ _ 

To the Senate and House of Representatives : 

The two Houses are respectfully informed, that the office of ma- 
jor general of the first division of the militia has been rendered vacant 
by the resignation and discharge of Gf^neral Edward W, Baulley, 
late commander of that division. EDWARD EVERETT. 

Council Chamber, 11 January, 1839. 
20 



154 MESSAGES. 

NO. IV. 

To the Senate and House of Representatives : 

I transmit to the honorable Senate, for the information of the two 
houses, the annual reports of the trustees, of the treasurer, and of 
the siiperintendent of the Stale lunatic hospital at Worcester. 

EDWARD EVERETT. 

Council Chamber^ } 4 January^ 1839. 

_____ 

To the Senate and House of Representatives : 

I transmit herewith, by the advice of the council, for the informa- 
tion of the Legislature, a copy of a communication from the agent of 
the Warren Bridge. The condition of the bridge, as therein dis- 
closed, appears to present a case not probably within the contempla- 
tion of the Legislature, in the adoption of the resolve of 16 April, 
183G ; and, as suggested by the agent, gives rise to important ques- 
tions, which the two houses alone are competent to decide. 

EDWARD EVERETT. 

Council Chamber, 10 January, 1839. 

NO. VL 

To the Senate and House of Representatives : 

I transmit to the Legislature the report of the commissioners ap- 
pointed, under the resolve of the 19[h of April, 1S38, " to report 
such a revision of the laws for the organization and discipline of the 
militia, as they shall deem expedient." This report is accompa- 
nied by a draft of a law concerning the militia, prepared by the com- 
missioners, and by a copy of an opinion of the justices of the su- 
preme court of the Commonwealth, on a very important principle of 
legislation adopted in the report. 

Believing that the principles, on which the militia of the Common- 
wealth may be safely re-organized, and thus restored to the efficiency 
and public favor of its best days, are embodied in this report, it is 
earnestly recommended to the especial attention of the two houses ; 
and I deem it a duly to avail myself of this occasion, of expressing 
my satisfaction at the laborious and faithful inanner, in which the 
commissioners have dischaiged their responsible trust. 

As the report and documents are voluminous, they are transmitted 
in the original to the House of Representatives, with the respectful 
request that they may be communicated to the other branch of the 
Legislature. EDWARD EVERETT. 

Council Chamber, 23 January, 1839. 

" P^o. vn. 

To the Senate and House of Representatives : 

I transmit to the Legislature a letter from the chairman of the 
connnissioners, appointed in virtue of a resolve of the lOth of March, 
1837, " to reduce so much of the common law of Massachusetts as 
relates to crimes and punishments, and the incidents thereof, to a 
written and systematic code," accompanied with a preliminary report 



MESSAGES. 155 

of the commissioners, setting fortli tlie principles and method pursued 
by thetn in executing their important trust, and presenting a specimen 
of the work. 

Owing to the lengtli of this report, it is transmitted in the original 
to the Senate, with the respectful request tliat it may he communi- 
cated to the other branch of the Legislature. 

EDWARD EVERETT. 

Council Chamber, 4 February, ]S39. 

NO. VIII. 

To the Senate and House of Representatives : 

I transmit to the two houses the following communications, ad- 
dressed to me, with the request that they should be laid before the 
Legislature of the Commonwealth, viz. 

A letter from the board of administrators of the charity hospital at 
New Orleans. 

A letter from the governor of North Carolina, transmitting resolu- 
tions of the general assembly of that State, relating to the general 
government ; and 

A letter from the governor of New Jersey, transmitting resolutions 
(with an accompanying report of a joint committee,) ado|)ted by the 
council and general assembly of the State of New Jersey, respecting 
the public lands of the United States. 

These documents are sent to the House of Representatives in the 
originals, with the respectful request, that they may be conimuni- 
cated to the other branch of the Legislature. 

EDWARD EVERETT. 

Council Chamber, 15 February, 1839. 

NO. IX. 

To the Senate and House of Representatives : 

I transmit to the two houses copies of several documents received 
from his Excellency the Governor of Maine on the 18th and I9ih 
inst. They relate to the trespasses committed on the public lands, — 
the property of Maine and Massachusetts, — by bands of plunderers 
associated in large bodies, for the purpose of carrying on their ope- 
rations without interruption. The measures taken by Maine, to 
enable her land agent to put a stop to these depredations, and the 
purpose of resisting those measures by military force, announced by 
the Lieutenant Governor of the province of New Brunswick, will 
appear from the papers communicated. The course adopted and 
menaced by the local authorities of New Brunswick has led the 
legislature of the State of Maine to the adoption of vigorous 
mensures for the protection of the public property, and the defence 
of the agents employed in removing the depredators. 

Among the papers transmitted by Governor Fairfield is a copy of 
a resolve of the House of Representatives of Maine of the i8ih 
inst. requesting the aid of Massachusetts, in the measures adopted by 
Maine relative to the trespasses on the public lands. — The opinions 
and feelings of Massachuselts, on the great questions connected with 



156 MESSAGES. 

the North Eastern Boundary, have been so often set forth in the 
public acts of her Legislature and Execiiiive, that they do not need 
to be lepeated. The Land Agent of the C'ornmonweahh has at all 
times efficiently co-operated with the Land Agent of Maine, in all the 
measures for the protection of the public property, which fall within 
the scope of the ordinary duties of those officers. I had the honor, 
in my address to the Legislature, at the beginning of the session, as 
on more than one former occasion of the same kind, to call the atten- 
tion of the two houses to the ruinous extent of the depredations com- 
mitted on the public lands in that region. The rightful sovereignty 
and government of the territory belong exclusively to Maine. Mas- 
sachusetts has no jurisdiction over it, and possesses only an interest 
in a moiety of the soil. For this reason, no farther steps on our part 
have been deemed within the compeienceof Massachusetts, to maintain 
her rights in the territory, which forms the subject of the controversy 
so long protracted between tlie Governments of the United States 
and Great Britain^ Should a state of things unhappily arise, in which 
the government of the United States shall call upon Massachusetts 
for her assistance in asserting the rights so long and so injuriously 
withheld, I am persuaded that the call will receive a prompt response 
from the Legislature and the people. 

EDWARD EVERETT. 
Council Chamber, 20 Feb. 1839. 

NO. X. 

To the Senate and House of Representatives : 

I transmit to the two houses a copy of a letter this day received 
from his Excellency the Governor of Maine, of the I7th inst., en- 
closing a copy of resolutions of the legislature of that State, appro- 
priating the sum of ten thousand dollars for the continuation of the 
Aroostook road to the river St. John, and requesting a like appro- 
priation on the part of Massachusetts. 

EDWARD EVERETT. 

Council Chamber, 20 March, 1S39. 

NO. XL 

To the Senate and House of Representatives : 

I transmit to the two houses a copy of a letter received yester- 
day, from his excellency the Governor of Maine, of the 19th inst., 
enclosing a copy of resolutions of the legislature of that State, appro- 
priating the sum of ten thousand dollars for the opening of a road 
from Houlton to the Aroostook river, and requesting a like appro- 
priation on the part of Massachusetts. 

EDWARD EVERETT. 

Council Chamber, 22 March, 1839. 

To the Senate and House of Representatives : 

I transmit to the two houses, a supplemental report of the bank 
commissioners, containing the results of their examination of thos& 



MESSAGES. 157 

institutions, which were not included in their first report, and of cer- 
tain banks, whose charters have been annulled by law, or surrendered 
by the stockholders ; which banks, by the act of the 21st of Febru- 
ary of the present session, it is made the duty of the commissioners 
to visit and examine. For the sake of bringing this report without 
delay to the knowledge of the Legislature, it is transmitted in the 
original to the senate. EDWARD EVERETT. 

Council Chamber^ 26 March, 1839. 

NO. XIII. 

To the Senate and House of Representatives : 

The two houses are respectfully informed, that, in consequence of 
the resignation and honorable discharge of Major General Gibbs, 
there is a vacancy in the command of the sixth division of the militia. 

EDWARD EVERETT. 

Council Chamber, 6 *Bpril, 1839. 

NO. XIV. 

To the Senate and House of Representatives : 

I transmit, for the information of the Legislature, conformably to 
law, a communication from the honorable Charles Marston, commis- 
sioner of the district of Marshpee, accompanying a report of the 
state of the treasury and affairs of said district. 

These documents are sent in the original to the honorable Senate. 

EDWARD EVERETT. 

Council Chamber, 9 April, 1839. 



[On the 29th of March, the Governor transmitted a confiden- 
tial Message, which was considered in secret session in each 
House. The Legislature have not authorized the contents of this 
Message to be made public] 



LIST 

OF THE 

CIVIL GOVERNMENT 

OF THE 

AND OFFICERS I3IMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR 1839. 

HIS EXCELLENCY 

E D W A RD EVERETT, 

GOVERNOR. 

HIS HONOR 

GEORGE HULL, 

LIEUTENANT GOVERNOR. 

COUNCIL. 

HENRY SHAW, 
CALEB FOOTE, 
FRANCIS C. GRAY, 
CHARLES HUDSON, 
LEAVITT THAXTER, 
ISAAC C. BATES, 
DAVID A. SIMMONS, 
JOSEPH GRINNELL, 
RUFUS HOSMER. 

JOHN r . B 1 G E L O VV, 

SECRETARY OF THE COMMONWEALTH. 
WILLIAM TUFTS; 1st Clerk. CHARLES VV. LOVETT, 2d Clerk. 

DAVID \VILDEIl, 

TREASURER AND RECEIVER GENERAL OF THE COMMONWEALTH. 
JOSEPH FOSTER, 1st Clerk. J. I. LINZEE, 2d CJcrk. 



SENATE. 



MYRON LAWRENCE, 

PRESIDENT. 



SUFFOLK DISTRICT. 

George Blake, Samuel T. Armstrong, 

Josiah Qiiincy, Jr., George Moray, 

Nathan Gurney, Charles Leighton. 

ESSEX DISTRICT. 

Charles Kimball, Samuel Lane, 

Isaiah Breed, Josiah Little, 

Daniel P. King, Jeremiah SpofFord. 

MIDDLESEX DISTRICT. 

Sidney Willard, Stuart J. Park, 

Samuel B. Walcott, Samuel Chandler. 

Lilley Eaton, 

WORCESTER DISTRICT. 

Linus Child, Thomas Kinnicutt, 

William Hancock, Artemas Lee, 

James G. Carter, James Allen. 

HAMPSHIRE DISTRICT. 

Myron Lawrence, William Clark, Jr. 

FRANKLIN DISTRICT. 
Ephraim Hastings. 

HAMPDEN DISTRICT. 
George Ashmun, Reuben Boies, Jr. 



160 SENATE. 

BERKSHIRE DISTRICT. 

Stephen B. Brown, Lester Filley. 

NORFOLK DISTRICT. 

Thomas French, Samuel G. Goodrich. 

Joseph L. Richardson, 

PLYMOUTH DISTRICT. 

Joseph Meigs, Jared Whitman. 

BRISTOL DISTRICT. 

Sampson Perkins, Selh Whitmarsh. 

Horatio Pratt, 

BARNSTABLE DISTRICT. 

Charles Marston. 

NANTUCKET AND DUKES COUNTY DISTRICT. 

George B. Upton. 



CHARLES CALHOUN, Clerk. 

W. P. GREGG, Assistant Clerk, 

Rev. WILLIAM M. ROGERS, Chaplain. 

MILTON HALL, Doorkeeper. 

WINSLOW LEACH, Page. 



HOUSE OF REPRESENTATIVES. 



ROBERT C. WINTIIROP, 

SPEAKER. 



Boston, 



Chelsea, 

Ameshury, 
•Sndover, 



COUNTY OF SUFFOLK. 

Amos Binney, 
Martin Brimmer, 
James Clark, 
Joshua Crane, 
Isaac P. Davis, 
Joseph Eveleth, 
Stephen Fairbanks, 
John C. Gray, 
James Harris, 
Samuel Hitchborn, 
Thomas Hunting, 
Nahum Mitchell, 
Thomas Motley, 
David Nickerson, 
Jeffrey Richardson, 
Robert G. Shaw, 
Asa Swallow, 
Charles A. Wells, 
James M. Whiton, 
Robert C. Winthrop, 
Ralph Beatley, 
Abner Gay. 

COUNTY OF ESSEX. 

Josiah Sargent, 

Benjamin Young, 

Thomas C. Foster, 
21 



162 



HOUSE OF REPRESENTATIVES. 



Jlndover, 
Beverly., 



Boxford, 
Bradfordy 

Danversy 



Essexj 
Gloucester, 



Hamilton^ 
HaverhilL 



Ipswich^ 
Lynn, 



Lynnfieldj 

JHanchesterj 

Marblehead, 



Methuen, 

JMiddletortj 
J^ewhury^ 



Joseph Shattuck, Jr., 
William Stevens, 
John SafFord, 
Thomas B. Smith, 
Edwin INI. Stone, 
Moses Kimball, 
Benjamin Greenleaf, 
William M. Rollins, 
Lewis Allen, 
Samuel P. Fowler, 
Abel Nichols, 
Henry Poor, 
David Choate, 
Samuel L. Andrews, 
Alexander P. Davis, 
Joseph J, Proctor, 
Christopher G. Sargent, 
Richard G. Stanwood, Jr. 

Charles Carleton, 
W^illiam D. S. Chase, 
James H. Duncan, 
Samuel Johnson, 
George Haskell, 
William Heard, 
Joseph A. Lloyd, 
George Hood, 
Abel Houghton, Jr., 
Samuel Mudge, 
Jeremiah C. Stickney, 
John Stone, 
David N. Swasey, 
David Crafts, 
Samuel Goodwin, 2d, 
Elias H. Ramsdell, 
Peter Rix, 
Thomas Tucker, 
Joshua Bus well, 
John M. Grosvenor, 
Stephen Wilkins, 
Jacob Atkinson, 



HOUSE OF REPRESENTATIVES. 



163 



Micbury^ 
Mwburyport, 



Rowley and i 
Georgetown, ) 
Salem, 



Salisbury, 

Saugus, 
Topsfield, 
JVenham, 
West JsTewbury, 



Acton, 

Ashby, 

Bedford, 

Billerica, 

Boxborough, 

Brighton, 

Burlington, 
Cambridge, 



Carlisle, 
Charlestown, 



Benjamin W. Hale, 
Daniel Noyes, 
Thomas M. Clark, 
Henry W. Kinsman, 
Joseph B. JMorss, 
Samuel S. Plummer, 
Nathaniel Mighill, 
Charles S. Tenney, 
Charles A. Andrew, 
James Chamberlain, 
Stephen A. Cliase, 
Stephen Daniels, 
f'rancis Peabody, 
John Perley, 
Caleb Peirce, 
Richard S. Rogers, 
Samuel Ward, 
Nathaniel George, 
John Morrill, 
Charles Svveetser, 
Nathaniel Perley, 
Benjamin Edwards, 
Moses Carr, 
Benjamin Edwards. 

COUNTY OF MIDDLESEX. 

Nathan Brooks, 

Reuben Bacon, 
Henry Baldwin, 

Charles Heard, 
Henry H. Larnard, 

Luther Brooks, 
Joseph T. Buckingham, 
Ezekiel Hayden, 
Calvin Heald, 
Thomas Greenleaf, 
Jonathan Locke, 
Samuel Poor, 



164 



HOUSE OF REPRESENTATIVES. 



Charlestown, 

Chelmsfordy 

Concord, 

Dracut, 

Dunstable, 

Framinghamy 

Groton, 

Holliston, 

Hopkinton, 

Lexington^ 

Lincoln, 

Litllelony 

Lowelly 



Maiden, 

Marlborough, 

Medford, 

^atick, 
Jfewton, 

Pepperell, 

Reading, 



Phineas Rice, 
Samuel C Simonds, 
Timoiliy Thompson, 
Amos Carlton, 
Sherebiah Spaulding, 
Stedman Bultrick, 
Ephraim Meriam, 
Daniel Carter, 
Samuel Fox, 

Moses Edgell, 
John G. Park, 
Daniel Shattuck, 
Alden Leland, 
Daniel Perry, 
Moses Phipps, 
Jefferson Pratt, 
Phineas Lawrence, 
Philip Russell, 
Elisha Hagar, 

Henry J. Baxter, 
William Davis, 
Hazen Elliot, 
David Nourse, 
Jesse Phelps, 
Royal Soulhwick, 
Joshua Swan, 
Oliver M. Whipple, 
Edward Winslow, 
Leavitt Corbett, 
Caleb Howard, 
Levi Bigelovv, 
Isaac Hayden, 
Leonard Bucknam, 
Lewis Richardson, 
Nathaniel Clark, 
Lemuel Crehore, 
Jesse Winslow, 
Arnold Hutchinson, 
John P. Tarbell, 
George Flint, 



HOUSE OE REPRESENTATIVES. 



165 



Readings 


Warren Perkins, 


Sherburney 




Shirley, 




South Reading, 


Thomas Emerson, 




Jonas Evans, 


Stoneham, 


Joseph Buck, 


Stoic, 


Charles Tower, 


Sudbury, 


Ephraim Moore, 




Thomas Stearns, 


Tewksbury, 


Jonathan Brown, 


Toicnsend, 


Josiah G. Heald, 


Tyngsboroughf 


Rufus M. Blodget, 


Waltham, 


Elisha Crehore, 




Luke Fiske, 


Watertoicn, 




Wayland, 


William Sherman, 


West Cambridge, 


William Locke, 2d., 




James Russell, 


Westford, 


Ephraim Abbott, 


Weston, 


Jonas Hastings, 


Wilmington, 




Woburn, 


William Flanders, 




Leonard Fowle, 




Calvin A. Wyraan. 



COUxNTY OF WORCESTER. 



»3shburnham, 
Jthol, 

•Auburn, 

Barre, 

Berlin, 
Bolton, 
Boy 1st on, 
Brookjield, 

Charlton, 



Reuben Townsend, 
Benjamin Esiabrook, 
Abner Young, 
Lewis Eddy, 
Samuel Eddy, 
Nathaniel Holland, 
Nathaniel Loring, 
Jonathan D. Meiiam, 
Caleb Wheeler, 
Eli B. Lamson, 
Ebenezer Prouiy, 
Sylvanus Thomas, 
Aaron JNIarble, 
Alpheus White, 



1.66 



HOUSE OF REPRESENTATIVES. 



Charltorij 

Dana, 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Ilardwick, 

Harvard, 

Holden, 

Huhbardston, 

Lancaster, 

Leicester, 

Leominster, 
Lunenburg, 
Mendon, 
Miljord, 

Milbury, 

JVeio Braintree, 
J^orthborough, 
J^orlhbridge, 
JVorth Brookjield, 

Oakhanij 
Oxford, 

Paxton, 
Petersham, 



Moses Williams, 
Italy Foster, 
Warren Humes, 
David Richardson, 
Morris Earned, 
Samuel Robinson, 
David Boutelle, 
Francis Perkins, 
Joseph Wright, 
Timothy Heywood, 
Joseph Bruce, 
Noah Kimball, 
Moses Allen, 
Gardiner Ruggles, 
Asa Daby, 
Abel Whitney, 
Tilla Chaffin, 
Silas Flagg, 
Micajah Reed, 
George Williams, 
John G. Thurston, 
Silas Thurston, Jr., 
Isaac Southgate, 
Samuel Watson, 
Jabez B. Low, 
Daniel Low, Jr., 

Ariel Bragg, 
Henry Nelson, 
Job Gorton, 
Charles Hale, 
Joseph Bowman, 
Prentiss Keyes, 
Benjamin Taft, 
Chauncey Edmands, 
Pliny Nye, 

Alexander Crawford, 2d, 
Sylvanus Harris, 
Francis Sibley, 
Artemas Howe, 
Joseph Brown, 



HOUSE OF REPRESENTATIVES. 



167 



Petersham, 
PhilUpston, 
Princeton^ 
Royalstotiy 

Rutland, 
Shreiosburyj 

Southboroughf 
Southbridgej 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

TempJeton, 

Upton, 

Uxbridge, 

Waren, 

Webster, 

Westborough, 

West Boylston, 
JJ^estminster, 

Winchendon, 

Worcester, 



Artemas Bryant, 
James Carrulh, 
Alphonso Brooks, 
Russell Morse, 
Arba Sherwin, 
Calvin G. Howe, 
Adam Harrington, 
Azor R. Phelps, 
Sullivan Fay, 
Stephen Brackett, 
Bela Tiffany, 
Eleazer B. Draper, 
Dennis Ward, 
Timothy Endicott, 
William Goss, 
Edward Phillips, 
Abijah Prouty, 
Peter Putnam, 
Welcome Whipple, 
Joseph Davis, Jr., 
Moses Leland, 
William Legg, 
Elijah Warren, 
Samuel Read, 
Asa Thayer, 
John Moore, 
Solomon Robinson, 
Oiis Brigham, 
Abijah Stone, 

Joseph Whitman, 
Joseph H. Whitney, 
Isaac Morse, 
Elisha Murdock, 
Lewis Chapin, 
Simon S. Gates, 
Nathan Heard, 
William Lincoln, 
Stephen Salisbury, 
Ichabod Washburn. 



168 



HOUSE OF REPRESENTATIVES. 



Amherst, 

BelchertoiDUj 

Chesterfield, 

Cummingtorij 

Easthampton, 

Enfield, 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, 

Middhfield, 

JVorthampton, 



J^orwich, 

Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 
Williamsburg, 
Worthington, 



COUNTY OF HAMPSHIRE. 

Edward Dickinson, 
Oliver Dickinson, 2d, 
Isiael Tov\ne, 
Timolliy A. Phelps, 
Philander Packard, 

Daniel Ford, 
Luther Stone, 
Samuel Ayres, 
Ira Haskell, 
Charles P. Phelps, 
William Smith, 
Justin Wait, 
Samuel Smith, 
Jonathan P. Strong, 
Joseph Warner, 
Eliphalet Williams, 

Joseph Barrows, 
Stephen Gloyd, 
Rosvvell Allen, 
Spencer Moody, 
William S. Rogers, 
Jason Gorham, 
Thomas Snell, 
John A. Judd, 
Elisha Tileston, 
Chauncey B. Rising. 

COUNTY OF HAMPDEN. 



Blandford, 
Brimfield, 

Chester, 

Granville, 

Holland, 

Longmeadow, 

Ludlow, 



Abner Hitchcock, 
Samuel Tarbell, 
William Shejjard, 
Francis Peebles, 

Calvin Burt, 



HOUSE OF REPRESENTATIVES. 



169 



JMonson, 


Horatio Lyon, 




Calvin Munn, 


Montgomery, 


Oren Parks, 


Palmer, 


William J. Blanchard, 




James Gamwell, 


Russell, 


Benjamin Bennet, 


Southwick, 


Moses Loomis, 




Elisha Steer, 


Springfield, 


George Bliss, 




Elijah Blake, 




Orange Chapin, 




William Child, 




Charles M'Clallen, 




Sylvester Taylor, 


Tolland, 


George W. Granger, 


Wales, 


Absalom Gardner, 


Westfield, 


Joseph Arnold, 




Asa B. Whitman, 




Lucius Wright, 


West Springfield, 


Edwin H. Ball, 




Josiah Johnson, 


Wilbraham, 


Jesse W. Rice, 




William V. Sessions. 



COUNTY OF FRANKLIN. 

^shfield, William Bassett, 

Friend Knowlton, 
Bernardston, Henry W. Cushman, 

Buckland, Joseph Griswold, 

Charlemont, Joseph Field, 

Coleraine, Amos Bordvvell, 

John Wilson, 
Conway, Christopher Arms, 

Deerfield, Amos Russell, 

Asa Stebbins, 
Erving, 

Gill, Eliphalet S. Darling, 

Greenfield, Ambrose Ames, 

Isaac Barton, Jr., 
Hawley, John Vincent, 

22 



ITO 



HOUSE OF REPRESENTATIVES. 



Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

J^ew Salem, 

JSTorthjield, 

Orange, 

Rowe, 

Shelburne, 

Shutesbury, 

Sunderland, 

Warwick, 

Wendell, 

Whately, 



Mams, 



Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great Barrington, 

Hancock, 
Hinsdale, 
Lanesborough, 
Lee, 

Lenox, 

Mt. Washington, 
JVeio Ashford, 
J^ew Marlborough. 

Otis, 

Peru. 



Luther Gale, 
Horatio N. Watson, 
Reuben Sheldon, 
Martin Ballou, 
Martin H. Clapp, 
Emerson Fay, 
Samuel C. Allen, Jr., 
Asahel Stebbins, 
Salmon Howard, 
Solomon Reed, 
Theophilus Packard, 
Phineas Hemmenway, 
Horace Henderson, 
Jacob R. Gale, 
Gardner Leach, 
Samuel B. White. 

COUNTY OF BERKSHIRE. 

John Hall, 
Joseph L. White, 
Shubael Willmarth, 

Isaac Stevens, 
Stephen Northup, 

Daniel Lawrence, 
Phaon/Truman, 

Jacob Burghardt, 
George Pynchon, 
William Hadsell, 
William Hinsdale, 

Eli Bradley, 
Leonard Church, 
Henry H. Cook, 
William Wright, Jr., 

Joseph W. Howe, 
Samuel Picket, 
Smith Phillips, 



HOUSE OF REPRESENTATIVES. 



171 



Piltsjieldj 

Richmond, 
Sandisfieldj 
Savoy, 
Sheffield, 

Stockbridge, 

Tyringham, 
Washington, 
West Stockbridge, 
Williamstown, 

Windsor, 



Bellinghav/i., 
Braintree, 

Brookline, 
Canton, 

Cohasset, 
Dedham, 
Dorchester, 

Dover, 
Foxborough, 

Franklin, 
Medfield, 
Medway, 

Milton, 

•N'etdham. 
Q,uincy, 



Randglph^ 



George W. Campbell, 
Solomon L. Russell, 
Daniel D. Kendall, 
Oliver Bosworth, 
Melvin Bowker, 
Frederic A. Brown, 
Ira Curtis, 
William Churchill, 
Charles Webster, 
Asa Judd, 
John S. Noble, 
Hubbard Fox, 
Jeremiah H. Hosford, 
Henry Johnson, 
Josiah Allen. 

COUNTY OF NORFOLK. 

Asa Pickering, 
Joseph Richards, 
Minot Thayer, 
Thomas Griggs, 
Samuel Capen, 
Isaac Horton, 
George W. Collier, 
Joshua Fales, 
Elijah Vose, 
Marshal P. Wilder, 

Silas Ripley, 
John Sherman, 
Nathan Cleaveland, 
William Peters, 
Eleazer Daniels, 
Luther Metcalf, 
Nathaniel Thomas, 
Ebenezer G. Tucker, 
Elisha Lyon, 
William B. Duggan, 
James Newcomb, 
Lemuel Spear, 
Zeoaa French, 



172 



HOUSE OF REPRESENTATIVES, 



Randolph, 
Roxbury^ 



Sharon, 
Stoughton^ 
Walpole, 
Weymouth^ 



Wrentham, 



Attleborough, 



Berkley, 
Dartmouth, 

Dighton, 
Easton, 

Fairhaven. 



Fall River^ 



Freetown, 
Mansfield, 
JVeto Bedford, 



Alvan Kidder, 
Charles T. Woodman, 
Cornelius Cowing, 
Ephraim Harrington, 
William H. Spooner, 
Joseph W. Tucker, 
Stephen Williams, 
Jedediah Morse, 

Joshua Stetson, Jr., 
Silas Canterbury, 
Bela Hay ward, 
Asa Pratt, 
Preston Pond, 
Silas Metcalf. 

COUNTY OF BRISTOL. 

Carlos Barrows, 
Jonathan Bliss, 
John Daggett, 

Joseph Gifford, 
George Kirby, 
William Peck, 
Nathaniel Guild, 
Martin Wild, 
Daniel Davis, 
John Stoddard, 
Joseph Tripp, 
George Brightman, 2d, 
John A. Harris, 
Micah H. Ruggles, 
Irani Smith, 
Alden Hathaway, Jr., 
Schuyler Shepard, 
Abraham Barker, 
Ebenezer N. Chaddock, 
Thomas D. Eliot, 
Tiiomas A. Greene, 
Robert Hillman, 
Leonard Macomber, 



HOUSE OF REPRESEiNTATIVES. 



173 



J^ew Bedford^ 

JVortoriy 
Pawtucket, 

Raynham, 

Rehoboth^ 

Seekonk, 

Somerset^ 
Sicansey, 
Taunton, 

Westport, 



Pardon G. Seabury, 
Silas Stetson, 
William H. Stowell, 
John Crane, 
Elijah Ingraham, 
John B. Read, 
Absalom Leonard, 
Enos L. Williams, 
Caleb Cashing, 
William Marvel, 2d, 
Caleb Chaffee, 
William Ide, 
Benjamin G. Chace, 
Artemas Stebbins, 
Leonard Hall, 
Allen Presbury, 
Nathan C. Brovvnell, 
Gamaliel Church. 



COUNTY OF PLYMOUTH. 

Jlhington^ James Ford, Jr., 

Elihu Hobart, 
Harvey Torrey, 
Bridgeioater, John A. Shaw, 

Nahum Stetson, 
Carver, Joseph Barrows, 

Duxbury, Benjamin Alden, 

Gershom B. Weston, 
East Bridgewater^ 

Halifax, Zadock Thompson, 

Hanover, Abel G. Duncan, 

Hanson, Melzar Sprague, 

Hingham, Henry Gushing, 

David Fearing, 
Thomas Loring, 

Josiah Holmes, 
James N. Sever, 
John Ford, ,Tr., 
Siilman Benson, 
Tisdale Leonard, 



Hull, 
Kingston, 

tMarsh field, 
Middkborough, 



174 



HOUSE OF REPRESENTATIVES. 



Middleborough^ 

jsTorth Bridgewater, 

Pembroke, 
Plymouth^ 



Plympton, 
Rochester, 



Scituate, 

Wareham, 

West Bridgewater, 

COUNTY 
Barnstable, 

Brewster, 
Chatham, 

Dennis, 

Eastham, 
Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 



Zebulon K. Pratt, 
Eliab Ward, 
Jesse Perkins, 
Albert Smith, 
Nathaniel Smith, 
Isaac Bartlett, 
Jeremiah Farris, 
Ezra Leach, 
Benjamin Weston, 
Zaccheus Parker, 
Zaccheus M. Barstow, 
James H. Clark, 
Isaac Smith, 
John Beal, 
William James, 
Samuel Waterman, 
Abisha Barrows, 
Bartlett Murdock, 
John E. Howard. 

OF BARNSTABLE, 

t)aniel Basset, 
Nathaniel Hinckley, 
Thomas B. Lewis, 
Josiah Foster, 
Josiah Kendrick, 
Thomas Sparrow, 
Seth Crowell, 
Seth T. Whelden, 
Philander Shaw, 
Silas Jones, 
Elijah Swift, 
Richard Baker, Jr., 
Cyrus Weeks, 
Edward Barber, 
Luther Snow, 
John Atkins, 
David Rider, Jr., 
Josiah Bacon, 
Benjamin Bourn9$ 
Charles Nye, 



HOUSE OF REPRESENTATIVES. 



176 



Truro y 

Welljleet, 

Yarmouth, 

Chilmark, 
Edgar town, 

Tisbury, 
J^antucket, 



Freeman Atkins, 
Jonah Stevens, 
Solomon R. Hawes, 
Nathaniel P. Wiley, 
Ezekiel Crowell, 
Freeman Taylor. 

DUKES' COUNTY. 

Benjamin Davis, 
Chase Pease, 
Thomas Bradley. 

COUNTY OF NANTUCKET. 

George Bradburn, 
Isaac Brayton, 
Jonathan C. Briggs, 
Samuel H. Jenks, 
Frederick C. Macy, 
Josiah Swain. 



LUTHER S. CUSHING, Clerk. 



Rev. Geo. W. Blagden, 
Rev. Otis A. Skinner, 



Chaplains. 



BENJAMIN STEVENS 



'I 



Sergeant-at-Arms to the General 
Court. 



William Manning, Messenger to Governor and Council. 

John V. Low, Assistant " " " 

Edmund S. Brigham, Watchman to State-House. 

Elijah W. Cutting, ) Doorkeepers to the House of Repre- 
David Murphv, j sentatives. 

John W. Homer, Page to House oj Representatives. 



arommoniueaUIj of piassacfjuiaetts. 



SECRETARY'S OFFICE, Mat 17, 1839. 

I HEREBY cERTiFT, that I have compared the printed copies of the Acts, 
Resolves, &c. contained in this pamphlet, with the original documents, and 
find the same to be correct. 

JOHN P. BIGELOW, 

Secretary of the Commomvealth. 



GENERAL AND SPECIAL 



9^ i 

OP 



An Act to repeal "An Act to regulate the Sale of Spirituous Liquors." /~rr f 

' E it enacted by the Senate and House of Representatives^ in ■^' 
' General Court assembled, and by the authority of the same, 
as folloics : 

The act passed on the nineteenih day of April, in the year Act concern- 
one thousand eight hundred and thirty-eight, entitled "an act i."«''Pi''''"°"'', 
to regulate the sale of spirituous liquors," is hereby repealed, ed, * '^'"^^^ 
{/Ipproved by the Governor, Feb. II, 1S40.] 

An Act establishing a Fire Department in the town of Charlestown. C^hnn 9 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

A Fire Department is hereby established in the town of Subject to pro- 
Charlestown, subject to the duties and liabilities, and with the ^''^'°"^"'^g*'"' 
powers and privileges, and governed by the provisions of the "^ ^*^^' 
act entitled "an act to regulate fire departments," passed on the 
ninth day of April, in the year one thousand eight hundred and 
thirty-nine. [Approved by the Governor, Feb. 15, 1840.] 

An Act to incorporate the Otis Company. y^7 q 

BE it enacted by the Senate and House of Representatives, ^' 

in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Thomas Cordis, Augustus H. Fiske and John S. Persons incor- 
Wright, their associates and successors, are hereby made a man- P"'"^'^'^- 
ufacturing corporation, by the name of the Otis Company, for 
the purpose of n)anufacturing cotton and woollen goods, and of 
manufacturing machinery, in the town of Ware, in the county of 
Hampshire ; and for this purpose shall have all the powers and 
privileges, and bo subject to all the duties, restrictions and lia- 



180 1840. Chap. 3—4. 

biliiies, set forth in the thirty-eighth and forty-fourth chapters of 
the Revised Statutes. 
Capital stock. Sect. 2. The said corporation may hold, for the purposes 
aforesaid, real estate to the amount of two hundred liiousand 
dollars, and the whole capital stock of said cor{)()ration shall not 
exceed the amount of five hundred thousand dollars. [^Approved 
by the Governor, Feb. 19, 1S40.] 

ChoV. 4. -'^" ^^^ '*^ incorporate the I'ropiietors of the Harmony Grove Cemetery. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follous : 
Persons incor- Sect. I. Francis Peabody, George Wheatland, Stephen 
porated. ^ Phillips, Joseph S. Cabot, John C. Lee, and William H. 

Foster, together with such other persons as shall become pro- 
prietors of lots in the Cemetery hereinafter mentioned, their 
successors and assigns, are hereby made a corporation, by the 
name of the Proprietors of the Harmony Grove Cemetery, and 
said corporation shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities, set forth in 
the forty-fourth chapter of the Revised Statutes, except as is 
otherwise provided in this act. 
Amount of es- Sect. 2. The said corporation may take and hold, by pur- 
tate which may ^hasc or Otherwise, in fee simple, for the purposes hereinafter 
provided, a tract of land, not exceeding sixty acres, situate at 
and near a place called Harmony Grove, in the town of Dan- 
vers ; and njay also take and iiold personal property, not ex- 
ceeding in amount twenty thousand dollars, to be applied to ob- 
jects connected with, and appropriate to the purpose of said 
corporation. 
Powtr to lay Sect. 3. Tl'.c said Corporation shall take and hold the aforc- 

outgroun s. said land for a Rural Cemetery or burial-ground, and for the 
erection of tombs, cenotaphs, or other monuments for, or in 
memory of the dead ; and, for this purpose, shall have power to 
lay out the same in suitable lots or subdivisions, for family or 
other burying places ; to [)lant and embellish the same with trees, 
shrubbery, and other rural ornaments, to enclose and divide the 
same wiih suitable walls or fences ; and to construct and annex 
thereto such suitable buildings, appendages and other conve- 
niencies as said corporation shall, from time to time, deem ex- 
pedient. 
Rights of hnrial, Sect. 4. The Said corporation shall have authority to grant 
asVai esiat'e'^ and convey to the city of Salem, any portion of the land afore- 
said for a ])ublic burial ground, and also to grant and convey to 
any person or persons the sole and exclusive right of burial, and 
of erecting tombs and cenotaphs, and of ornamenting any desig- 
nated lot or subdivision upon such terms and conditions, and sub- 
ject to such regulations as said corporation shall ))rescribe ; which 
right, so granted and conveyed, shall be held for the purposes 
. ,. ,, aforesaid, and for none other, as real estate, by the proprietor or 

— not subject to . ' i i n i • i 

attachment. proprietors ihcreoi, and shall not be subject to attachment or ex- 



1840. Chap. 4. 181 

edition, or to be applied to the payment of debts by assignment 
under any insolvent law. 

Sect. 5. The land aforesaid shall be, and is hereby declar- Land exempted 
ed exempted from all public taxes, so long as the same shall '^^'"" '"^"°"- 
remain dedicated to the purposes of a cemetery. 

Sect. 6. Any person who shall wilfully destroy, mutilate. Penalty for de- 
deface, injure or remove any tomb, monument, grave-stone or ^^'"^ tombs, 
other structure, placed in the cemetery aforesaid ; or any fence, 
railing or other work, erected for the protection or ornament of 
any tomb, monument, grave-stone or other structure aforesaid, 
or of any cemetery lot ; or shall wilfully destroy, remove, cut, 
break or injure any tree, shrub or plant, within the limits of said 
cemetery ; or shall shoot or discharge any gun or other fire-arms 
within the said limits, — shall be deemed guilty of a misdemeanor, 
and, upon conviction thereof before any justice of the peace, or 
other court of competent jurisdiction, shall be pimished by a fine 
not less than five dollars, nor more than one hundred dollars, 
according to the nature and aggravation of the offence ; and such 
offender shall also be liable to an action of trespass, to be brought 
in any court of competent jurisdiction, in the name of said cor- 
poration, to pay all damages which shall have been occasioned 
by his or her unlawful act or acts ; which money, when recov- 
ered, shall be applied by the trustees of said corporation to the 
reparation and restoration of the property destroyed or injured 
as aforesaid ; and members of said corporation shall be compe- 
tent witnesses in such suit. 

Sect. 7. The lots in said cemetery which may be granted Descent of lots, 
and conveyed as before provided, shall be indivisible; and, upon 
the decease of any proprietor of a lot, the heirs at law or devi- 
sees of such lot, as the case may be, shall be entitled to all the 
privileges of membership : provided, however^ that if there be — howregula- 
more than one heir at law or devisee of such lot, and they do ^^^' 
not agree in writing, and file such agreement with the clerk of 
said corporation, within six months from the decease of the 
owner, the board of trustees of said corporation shall designate 
and enter of record which of said heirs at law or devisees shall 
represent said lot, and vote in the meetings of said corporation ; 
which designation shall continue in force until said heirs or devi- 
sees shall make and file such agreement in manner aforesaid, or 
until, by reason of death, removal, or other sufficient cause, 
another designation shall become necessary ; and in making any 
such designation, the trustees shall, as far as may conveniently 
be done, give preference to males over females, to proximity of 
blood and to priority of age, having due regard, however, to 
proximity of residence. 

Sect. 8. The said corporation may take and hold any grant, Concerning 
donation, or bequest of property in trust, to apply the same, or grants and be- 
the income thereof, for the improvement or embellishment of the 
said cemetery, or of any buildings, structufes, or fences, erected 
or to be erected therein, or for the repair, preservation or re- 
newal of any tomb, monument, grave-stone, fence or railing, or 



liuued for three 
years 



182 1840. Chap. 4—7. 

other erection in or around any cemetery lot, according to the 
terms of such grant, donation or bequest ; and the supreme judi- 
cial court, or any other court having equity jurisdiction, shall 
have power to compel the execution of such trust. 

Sect. 9. Tliis act shall take effect from and after its pas- 
sage. [^Approved by the Governor, Feb. 19, 1840.] 

(JJlCtn. O, An Act concerning the Social Insurance Company in Salem. 

BE it enacted by the Senate and House of Representatives., 
in General Court assembled, and by the authority of the same, 
as folloivs : 
Company con- The act entitled " an act to revive and continue in force an 
act establishing a corporation by the name of the Social Insur- 
ance Company," passed June fifili, eighteen hundred and thirty, 
is hereby continued in foi'ce for the term of three years from 
the fifth day of June next, for the purposes expressed in said 
act. \_Jlpproved by the Governor, Feb. 19, 1840.] 

Chfff) 6 ■''^" Act to reduce llie Capital Slock of the Sufiolk Insurance Compan}'. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Capita! reduced The capital stock of the Suffolk Insurance Company is hereby 
to ^225,000. reduced from the sum of three hundred thousand dollars to the 
sum of two hundred and twenty-five thousand dollars ; and the 
said capital stock shall be divided into nine thousand shares of 
twenty-five dollars each. [Approved by the Governor, Feb. 21, 
1840.] 

C^JlfJT) 7 "'^" Act concerning the Income of the Massachusetts School Fund. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as folloios : 

Income to he Sect. 1. The incomc of the IMassacbusetts School Fund, 

apportioned from the fifteenth of .January, one thousand eisiht hundred and 

upon census of , . . < nr i <• t i i • i i 

1837. thu'ty-nme, to the nltecnth ot January, one thousand eight hun- 

dred and forty, except the sum of two hundred and forty dollars, 
appropriated to the support of common schools among the In- 
dians, shall be apportioned by the Secretary and Treasurer, and 
paid over by the Treasurer to the mayors and aldermen of the 
several cities, and to the selectmen of the sevei'al towns, for the 
use of the common schools therein, accoixling to the number of 
persons in sucli cities and towns, as ascertained by the Slate 
census of the year one thousand eight hundred aiul iliirty-seven ; 
any thing contained in the third section, chapter fifty-six, of the 
statute of the year one thousand eight hundred and thirty-nine, 
to the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, Feb. 22, 1840.] 
\ 



1840. Chap. 8. 183 

An Act to iucorporale ihc town of Rockport. C^hfin ft 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

6ect. 1. The easterly part of the town of Gloucester in Boundaries de. 
the county of Essex, as described within the following bounds, *"'''^''- 
with the inhabitants thereon, are hereby incorporated into a 
separate town, by the name of Rockport, viz. beginning at Brier 
Neck, at the Bluff Head, on the eastern end thereof ; thence run- 
ning northwesterly to the road leading from Sandy Bay to the 
Harbor ; thence in a direct line to the southeast corner of Ben- 
jamin Stacy's land on the old road leading from Sandy Bay to 
the Town Parish ; thence northerly, by the eastern and western 
division line of Sandy Bay and Squam wood lots, to the north- 
east corner of land of Benjamin B. Day and others ; thence 
northeasterly to the sea, on the eastern side of Gallop's Folly 
Cove, crossing the public highway, thirty feet to the westward 
of Caleb Marchent's house at said cove : and the said town of Powers and du- 
Rockport is hereby vested with all the powers, privileges, rights ^'"' 
and immunities, and subject to all the duties and requisitions to 
which other towns are entitled and subjected by the Constitution 
and laws of this Commonwealth. 

Sect. 2. The inhabitants of the town of Rockport shall be inhabitants of 
holden to pay all arrears of taxes, which have been assessed, or Rockport tobe 

r .' Ill r ^,, responsible for 

dn-ectecl to be assessed upon them by the town oi Gloucester, ihejr proportion 

before the passage of this act ; also their proportion, according to u^i-^j^'^^']^ ''*" 

the town valuation of the year eighteen hundred and thirty-eight, 

of all State and County taxes, which may have been ordered, 

but not assessed, prior to the passage of this act ; and of all debts 

and charges now due and owing from said town of Gloucester, 

or which hereafter may be found due or owing, by reason of any 

contracts, engagements, judgment of court, or any matter or 

thing whatsoever, now or heretofore entered into, or existing, 

and shall be entitled to receive their proportion, according to 

the aforesaid town valuation, of any and all debts due to said 

town of Gloucester, at the time of the passage of this act, when 

said debts shall have been collected and paid into the treasury of 

said town of Gloucester. 

Sect. 3. The town of Rockport shall be entitled to hold a Rockport to be 
proportional part of the real and personal estate, belonaiine; to ®"^"'*'^.'° ^ 

^ ,', , , . ' , ,.,,.* ^1 r proportionate 

and held m common by the inhabitants ol the present town ol part of the cor- 
Gloucester, according to the said town-valuation of the year eigh- porate property 
teen hundred and thirty-eight ; said real and personal estate to be 
valued as shall be reported by a committee appointed for that 
purpose, and acting under the authority of the town of Glouces- 
ter. 

Sect. 4. All town landings and water privileges, including Town landino-s, 
clam flats, shall be common to the inhabitants of both towns ; and ^f^-^o becom- 
the town in which said landings or water privileges are situated, ITmsofboih '" 
shall be alone liable for any and all expenses or costs of suit, towns. 



184 



1840. Chap. 8. 



Concerning ex 
pense of con- 
structing cer- 
tain roads, &c. 



Concerning 
support of pau- 
pers. 



Division of sur- 
plus revenoe. 



Concerning 
representatives 
in General 
Court. 



Calling first 
town-meeting 
of Rockporl. 



Act to go into 
immediate ef- 
fect. 



which may be incurred in support of the same, or in maintaining 
or defending the rights of the town thereto. 

Sect. 5. The said towns of Gloucester and Rockport shall 
be holden to pay their respective proportions of the expense of 
constructing any and all roads that have been located, but not 
made, and also of any and all roads on which a hearing has been 
had before the county commissioners, without final action there- 
on ; and the town of Rockport shall pay to the town of Glouces- 
ter the sum of six hundred and eighty-seven dollars, as a con- 
sideration for the inequality now existing in the public roads, 
within their respective limits. 

Sect. 6. The town of Rockport shall be holden to sup- 
port their just proportion of the present poor of the town of 
Gloucester, to be apportioned according to the town valuation of 
eighteen hundred and thirty-eight, whether the same be in or out 
of the alms-house ; such to be considered the present poor of 
the town of Gloucester as are now, or at any time heretofore 
have been supj)orted, in whole or in part, by the town of 
Gloucester ; and all persons who njay hereafter become charge- 
able as paupers to the towns of Gloucester and Rockport, shall 
be considered as belonging to that town, on the territory of 
which they have heretofore gained a legal settlement, and shall 
in future be chargeable to that town only. 

Sect. 7. The town of Gloucester shall pay to the town of 
Rockport a just proportion of the surplus revenue of the United 
States, received by the town of Gloucester, to be apportioned 
according to the census taken by the authority of the State, in 
the year eighteen hundred and thirty-seven ; and the town of 
Rockport shall receive, in payment of their proportion, any and 
all bonds and notes secured by mortgage on real estate, within 
the limits of said town of Rockport ; and the said town of Rock- 
port shall be holden to refund to the town of Gloucester the 
proportion of said surplus revenue so to be received by them, 
whenever the town of Gloucester shall be required to refund the 
same to the Commonwealth. 

Sect. 8. In the election of representatives to the General 
Court, the town of Rockport shall remain a part of the town of 
Gloucester, until the next apportionment of representatives, ac- 
cording to the Constitution of this Commonwealth, or any amend- 
ments of the same. 

Sect. 9. James Goss, Esq., or any other justice of the 
peace for the county of Essex, is authorized to issue a warrant, 
directed to some inhabitant of said town of Rockport, requiring 
him to notify and warn the inhabitants thereof, qualified to act in 
town affairs, to meet, at such convenient time and place as shall 
be appointed in said warrant, for the choice of all such officers 
as towns are by law required to choose in the months of March 
or April annually. 

Sect. 10. This act shall take effect from and after the pas- 
sage of the same. [Approved by the Governor ^ Feb. 27, 1840 ] 



1840. Chap. 9—12. 185 

An Act for the Protection of the Shell Fishery in the towns of Essex and Hull. ChcLT) 9 

BE it enacted by the Senate and House of Representatives ^ 
in General Court assembled^ and by the authority of the same, 
as follows : 

The provisions of the fifty-fifth chapter of the Revised Stat- Sec. 13, chap, 
iiles, so far as the same relate to certain towns enumerated in ^^i^-^- 
the thirteenth section of said chapter, are hereby made to extend 
and apply to the towns of Essex and Hull, as fully and effectually 
as if the names of said towns were inserted in said section. 
[Approved by the Governor, Feb. 27, 1840.] 

An Act authorizing Leroy M. Yale to build a Wharf in the harbor of Holmes Hole. f^hnT) 1 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as folloios : 

Leroy M. Yale is hereby authorized to build a wharf from his Wharf may be 
land, at the head of Holmes Hole harbor, and to extend said f^Jj"^^'^ ^^ 
wharf, so that the end thereof may be in eighteen feet of water : 
provided, that the whole length of such wharf shall not exceed 
three hundred feet, and that this grant shall in no wise interfere 
with the legal rights of any person whatever. \_Jlpproved by the 
Governor, Feb. 27, 1840.] 

An Act in addition to an Act to encourage the production of Wheat. Chnn 1 1 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

The time mentioned in the act to which this is in addition, Timeofpre- 
within which claims shall be presented to the Secretary of the renting claims 

^ II -I ^ r t -11 ■ J """^ bounty ex- 

Commonwealth, to reimburse towns lor the amount paid by said tended, 
towns for the production of wheat, is hereby extended from the 
last day of January to the last day of March, in each year. 
[Jlpproved by the Governor, Feb. 27, 1840.] 

An Act relating to Turnpike Corporations. C^hnT) 12 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

No complaint under the fortieth section of the thirty-ninth Complaint not 
chapter of the Revised Statutes shall be proceeded upon, by the u° „„ ''^°i*jfout^*^ 
county commissioners, until the person complaining shall cause sufficient recog- 
a sufficient recognizance to be given to the coimty, with sureties "'zance, &c. 
to the satisfaction of the commissioners, for the payment of all 
costs and expenses which shall arise by reason of such complaint 
and the proceedings thereon, in case the complainant shall not 
finally prevail ; and in case the commissioners shall order the 
gates of the turnpike road complained of to be set open, they 
may order all the costs and expenses aforesaid to be paid by such 
turnpike corporation ; and the commissioners may issue a war- 
rant for the collection of all costs and expenses against the party 
liable therefor. [Jlpproved by the Governor, Feb. 27, 1840.] 
24 



186 1840. Chap. 13—15. 

CllO/D 13 ■^'^ ^^^ making further appropriations for ihe Expenses of the year one thousand 
ibUjJ, . eight hundred and thirty-uine. 

BE it enacted by the Senate and House of RepresentativeSj 
in General Court assembled, and by the authority of the same, 
as follows : 
59000 appro- SSect. 1. The sum of nine thousand dollars is hereby appro- 
P"a e . priated for the payment of such demands on the treasury as re- 

main unpaid, on account of any deficiency in the appropriations 
made by an act passed April tenth, eighteen hundred and thirty- 
nine ; and his excellency the Governor is authorized to draw his 
warrants accordingly. 
When to lake Sect. 2. This act shall take effect from and after its pas- 
^^^'^^- sage. [Jlpproved by the Governor, Feb. 28, 1840.] 

r^l, rt/n 1 A ■A" ^^"^ '" fiddition to the Act incorporating the Proprietors of the Locks and Canals 
L^nap. Ift. on Merrimack River. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Locks may be The said proprietors, on rebuilding the locks on their canal at 
Patuckel Falls, or any of them, shall not be required to build 
them more than twelve feet wide in the clear, in the inside there- 
of; any thing in any existing act to the contrary notwithstanding. 
\ Approved by the Governor, Feb. 28, 1840.] 

An Act concerning Jails and Houses of Correction. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Secretary to Sect. 1. It shall be the duty of the Secretary of the Com- 

prepareand monwealth, annually, under the direction of the Governor and 

transmit ^ ., i i i r r • • i i 

blanks. Council, to prepare a blank lorm oi return concerning jails and 

houses of correction as they shall exist on the first day of No- 
vember, and the individuals who shall have been confined there- 
in within the year ending on that day, with such inquiries con- 
cerning the same as may be considered proper and expedient ; 
and the Secretary shall transmit said blanks to the sheriffs, and 
to the overseers of the houses of correction in the several coun- 
ties, in the month of September. 
Sheriffs, &.C. Sect. 2. The sheriffs and the overseers of the houses of 

to make true correction of the several counties shall annually, on or before the 
fifteenth day of November, transmit to the Secretary of the 
Commonwealth true answers to the inquiries contained in the 
blanks aforesaid ; and the Secretary shall prepare an abstract 
therefrom, and shall submit the same, in a printed form, to the 
Legislature, at the ensuing session thereof. 
Repeal of a Sect. 3. So much of the thirty-third section of the one 

provision m hundred and forty-third chapter of the Revised Statutes as 
appertains to returns from the inspectors of prisons, of copies of 
reports which may have been made to them is hereby repealed. 
[Approved by the Governor, March 3, 1840] 



not more than 
12 feel wide 



Chap. 15. 



1840. Chap. 16—18. 187 

An Act authorizing the Proprietors of Rowe's Wharf lo extend the same. Chnn 1 R 

BE it enacted by the Senate and House of Representatives, "' 

in General Court assembled, and by the authority of tJie same, 
as follows : 

The proprietors of Rowe's Wharf, in the city of Boston, are Limit to which 
hereby authorized to extend their wharf, and maintain the same, bg^xS^*^ 
into the harbor channel, so that the northeast corner of said 
wharf shall not approach within twenty-five feet of the line estab- 
lished by the act entitled an act to preserve the harbor of Bos- 
ton, and to prevent encroachments therein, passed on the nine- 
teenth day of April, in the year one thousand eight hundred and 
thirty-seven ; and shall have and enjoy the same rights and privi- 
leges of laying vessels at the sides and ends of their said wharf, 
and of receiving wharfage and dockage therefor, which they now 
have : provided, that so much of said wharf as may be constructed To be built on 
into said channel, shall be built upon piles, and that nothing here- P''^^- 
in contained shall in any way interfere with the legal rights of 
the owners of any of the adjoining wharves, or of any person 
whatever, [.flpproved by the Governor, March 7, 1840.] 

An Act autliorizing ihe Proprietors of Wilkinson and Pratts' Wharf lo extend the C/JlQp, 17. 
same. -^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of Wilkinson and Pratts' wharf, in the city of Limit to which 
Boston, are hereby authorized to extend their wharf, and main- be%"^fended^^ 
lain the same, straight into the harbor channel, to the line estab- 
lished by the act entitled an act to preserve the harbor of Bos- 
ton, and to prevent encroachments therein, passed on the nine- 
teenth day of April, in the year one thousand eight hundred and 
thirty-seven ; and shall have and enjoy the same rights and privi- 
leges of laying vessels at the southerly side, and at the end of 
said wharf, and of receiving dockage and wharfage therefor, 
which they now have : provided, that so much of said wharf as To be built on 
may be constructed into said channel, shall be built upon piles, ^'"* 
and that nothing herein contained shall in any way interfere with 
the legal rights of the owners of any adjoining wharves, or of any 
person whatever. [Approved by the Governor, March 7, 1840.] 

An Act to authorize the Lewis Wharf Company to extend their wharves. CJlGP- lo, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloiDS : 

The Lewis Wharf Company are hereby empowered and au- Limit to which 
thorized to extend and maintain their wharves, in the city of Bos- be\xtendeT'^ 
ton, into the harbor channel, as far as the line established by the 
act entitled an act to preserve the harbor of Boston, and to 
prevent encroachments therein, passed on the nineteenth day 
of April, in the year one thousand eight hundred and thirty-seven ; 
and shall have and enjoy the same rights and privileges of laying 



188 



1840.- 



-Chap. 18—21. 



To be built on 
piles. 



Chap. 19. 



Limit to wliich 
wharf may be 
extended. 



vessels at the sides and ends of their said wharves, and of receiv- 
ing wharfage and dockage therefor, which they now have : pro- 
vided^ that so much of said wharf as may be constructed into 
said channel, shall be built upon piles, and that nothing liereiri 
contained shall in any way interfere with the legal rights of the 
owners of any wharves adjoining that of said company, or of any 
other person whatever. [Approved by the Governor, JMarch 7, 
1840.] 

An Act authorizing the Proprietors of Central Wharf lo extend the same. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of Central Wharf, in the city of Boston, are 
hereby authorized to extend their wharf, and maintain the same, 
into the harbor channel, to the line established by the act enti- 
tled an act to preserve the harbor of Boston, and to pre- 
vent encroachments therein, passed on the nineteenth day of 
April, in the year one thousand eight hundred and thirty-seven ; 
and shall have and enjoy the same rights and privileges of laying 
vessels at the sides and ends of their said wharf, and receiving 
wharfage and dockage therefor, which they now have: provided, 
that so much of said wharf as may be constructed into said chan- 
nel, shall be built upon piles, and that nothing herein contained 
shall in any way interfere with the legal rights of the owners of 
any of the adjoining wharves, or of any person whatever. [Ap- 
proved by the Governor, JMarch 7, 1840.] 

An Act to incorporate the Acton Mutual Fire Insurance Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Stevens Hayward, Daniel Wetherbee 2d, and James Hap- 
good, their associates and successors, are hereby made a cor- 
poration by the name of the Acton IMutual Fire Insurance Com- 
pany, in Acton, in the countyof Middlesex, for the term of twenty- 
eight years, for the purpose of insuring upon dwelling-houses and 
other buildings, and on household furniture in any part of this 
Commonwealth, with all the powers and privileges and subject 
to all the duties, restrictions, and liabilities set forth in the thirty- 
seventh and forty-fourth chapters of the Revised Statutes. [«^p- 
proved by the Governor, Marchl, 1840.] 

ChCip, 21. An Act to repeal an act for subjecting the inhabitants of a part of the town of Daii- 
vers, called the " Neck of Land," lo the charge of maintaining and supporting cer- 
tain bridges and highways. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. I. The act subjecting the inhabitants of a part of the 
town of Danvers, called the " Neck of Land," to the charge of 
maintaining and supporting certain bridges and highways, passed 
in the year seventeen hundred and seventy-two, is hereby re- 



To be built on 
piles. 



Chap. 20. 



For a term of 

twenty-eight 

years. 



1840. CuAP. 21—23. 189 

pealed : provided, that nothing in this act shall be so construed Inhabitants not 
as to absolve the said inhabitants from any debts created by the ]P '^^ absolved 

^ . , 111 • 1 • 1 1 • "^ 1 11 1 /- 11 "^ "0"i certain 

act hereby repealed, but said inhabitants shall have lull power, debts, 
for the term of one year from the passage of this act, to levy 
and collect taxes for the purpose of discharging their debts which 
may have been created as aforesaid. 

Sect. 2. This act shall take effect from and after its pas- When to take 
sage. [Approved by the Governor, March 7, 1840.] ^"^'*"' 

An Act to reduce the Capital Stock of the Andover Bank. ChCLV- 22. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. The President, Directors, and Company of the 
Andover Bank, are hereby authorized to reduce their present 
capital stock to the sum of two hundred and fifty thousand dol- 
lars : provided, that no dividend of any part of the present capital stock not to be 
stock of said bank shall be made, nor shall this act be in force, ^i'"fi"i',^^^o1-'ce"r- 
uniil the bank commissioners, or a majority of them, shall have tificate of Bank 
certified their opinion in writing, to the governor and council, ^on^n^s^'oners. 
that the said corporation has sufficient funds for the payment of 
all notes, bills, deposites, and other demands existing against it, 
and that after the payment thereof the net sum of two hundred 
and fifty thousand dollars will remain in said bank, as capital 
stock, in funds available for all usual and proper banking pur- 
poses. 

Sect. 2. To reduce the said capital stock as aforesaid, the Five hundred 
said corporation shall extinguish five hundred shares therein, ^^^J^^ \obe 
which have been transferred to it in pledge or otherwise, so that ° 
each of the remaining twenty-five hundred shares shall be of the 
par value of one hundred dollars. 

Sect. 3. From and after the time when the said certificate 
of said commissioners shall have been made and delivered, as 
aforesaid, all the rights, duties and liabilities of said corporation, 
shall have relation to, and be governed by said reduced capital 
of two hundred and fifty thousand dollars ; and until said certifi- Tax to be paid 
cate shall have been made and delivered, as aforesaid, the said ?« Present cap. 

1 II • 1 r 1 ■ ^ .1 "al until filing 

corporation shall pay mto the treasury of this Commonwealth of certificate, 
the tax required by law to be paid on the present capital of said 
bank. [Approved by the Governor, March 7 , IS40.] 

An Act concerning the Jurisdiction of Justices of the Peace. Chnn 2^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Whenever any complaint in due form of law shall be made to 
any justice of the peace within this Commonwealth, against 
any person or persons for a violation of any law regulating the 
fisheries in the rivers and waters of this Commonwealth, wherein 
the penalty for such violation may exceed the sum of twenty 
dollars, — such justice, within his own county, shall have power 



190 1840 Chap. 23—26. 

Justices may jq examine into such violation allesed to have been therein corn- 
bind over lor . , , -r i r- i i i i i 

violation of milted, and may, it he find reasonable cause, order the person or 

fishery laws in persons SO Complained of 10 recoj^nize with sufficient surety or 



certain cases. 



sureties, to answer said charge, at the term of the court of 
common pleas, next to be holden within and for such county. 
[Approved by (he Governor^ March 7, 1840.] 

ChdT). 24 ^'^ ^^^ '° protect the Fishery in Long Pond in Nantucket. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 
Penalty for lak- Sect. 1. No person shall take any fish with a seine in Long 
seme**'' ^'"' ^ Pond, in Nantucket, under a penalty not exceeding twenty dol- 
lars for each and every offence, to be recovered in any court 
proper to try the same, to the use of the person who shall pros- 
ecute therefor. 
When to take Sect. 2. This act shall take effect from and after its ac- 
®^"'* ceptance by a vote of said town of Nantucket. [Approved 

by the Governor, March 7, 1S40.] 

CJlCL'D 25 ^^ ^^^ ''^ authorize the laying out a Road and constructing a Bridge across Oster 
■t^' ' river in Barnstable. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

The county commissioners for the county of Barnstable, are 
hereby empowered to lay out a road or highway, and construct 
Route of the a bridge across Oster River, in the town of Barnstable, — com- 
"^^ ■ mencing on land of Wilson Crosby, and terminating on land or 

marsh of Marshall Hinckley, at or near the foot bridge over said 
river : provided, that in laying out and constructing said road 
and bridge, said commissioners shall, in all respects, proceed as 
is now provided by law, for laying out and constructing high- 
ways. [Approved by the Governor, March 9, 1840.] 

CJlttJ} 26 ■^" Act to authorize the Proprietors of India Wharf to extend the same. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of India Wharf are hereby empowered and 
authorized to extend and n)aintain their wharf in the city of Bos- 
Ion, into the harbor channel, so that their north line shall not 
approach within fifty feet, and their south line within thirty feet 
Limits to which of the line established by the act entitled " an act to preserve 
ten" '"^^^*" the harbor of Boston and to prevent encroachments therein," 
passed on the nineteenth day of April, in the year one thousand 
eight hundred and thirty-seven ; and shall have and enjoy the 
same ria;hts and privileges of laying vessels at the sides and ends 
of their said wharf, and of receiving wharfage and dockage 
To be built on therefor, which they now have : provided, that so much of said 
P*'es- wharf as may be constructed into said channel shall be built 



1840 Chap. 26—30. 191 

upon piles, and that nothing herein contained shall in any way 
interfere with the legal rights of the owners of any of the adjoin- 
ing wharves, or of any person whatever. [Jlpprovtd by the 
Governor, March 9, 1840.] 

An Act to change the name of the Second Baptist Sociely in Boston. ChtlT) 27 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

From and after the passing of this act, the " Second Baptist 'J^°*'« «»''«'' *^« 
Society in Boston" shall be known and called by the name of ^c., Society. ' 
the Baldwin Place Baptist Society in Boston. [Approved by 
the Governor, March 9, 1840.] 

An Act to authorize the laying out a Road, and constructing a Bridge across Snow's (JJldt), 28. 
Creek in Barnstable. ■* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The county commissioners for the county of Barnstable, 
are hereby enjpowered to lay out a public highway and construct 
a bridge across Snow's Creek, in the town of Barnstable, near 
the house of Simeon Freeman, Jr. : provided, that in laying Proceedings to 
out and constructing said road and bridge, said commissioners be according to 
shall, in all respects, proceed as is now provided by law for lay- highways. "'"^ 
ing out and constructing highways. \_Jlpproved by the Governor, 
March 10, 1840.] 

An Act to incorporate the 'i'aunton Mutual Fire Insurance Company. ChctJ), 29. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

James M. Williams, Joseph Wilbur and Benjamin F. Wil- F*"" the term of 
liams, their associates and successors, are hereby made a corpo- l^arsf ^'^ ' 
ration, by the name of the Taunton Mutual Fire Insurance 
Company, in Taunton, in the county of Bristol, for the term of 
twenty-eight years, for the purpose of insuring dwelling-houses 
and other buildings, and household furniture, in any part of this 
Commonwealth ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities, set forth in tlie thirty- 
seventh and forty-fourth chapters of the Revised Statutes. [^/>- 
proved by the Governor, March 10, 1840.] 

An Act to incorporate Ihe Cohannet Mutual Fire Insurance Company. /~»t qr» 

BE it enacted by the Senate and House of Representatives, "' 

in General Court assembled, and by the authority of the same, 
as folloiDS : 

William A. F. Sproat, Samuel Crocker, Horatio Gilbert, For the term of 
their associates and successors, are hereby made a corporation, twenty eight 
by the name of the Cohannet Mutual Fire Insurance Company, ^^"*" 
in Taunton, in the county of Bristol, for the term of twenty- 
eight years, for the purpose of insming buildings, goods, wares, 
merchandise, and other personal projierty, against damage and 



192 



1840. Chap. 30--32. 



No part of cap- 
ital to be dimin- 
ished until the 
filing of a cer- 
tificate by bank 
commissioners. 



destruction by fire, in any part of this Commonwealth ; with all 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities, set forth in the thirty-seventh and forty-fourth 
chapters of the Revised Statutes. [Approved by the Governor, 
March 10, 1840.] 

ChCLV, 31 . ■*" ^^^ "* "deduce the Capital Slock of the Chariestown Bank, in Charlestown. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the 
Charlestown Bank, in Charlestown, are hereby authorized to 
reduce their present capital stock to the sum of one hundred 
thousand dollars : provided, that no dividends of any part of the 
present capital stock of said bank shall be made, nor shall this 
act be in force, until the bank commissioners, or a majority of 
them, shall have certified their opinion, in writing, to the Gov- 
ernor and Council, that the said corporation has sufficient funds 
for the payment of all notes, bills, deposites and other demands 
existing against it ; and that after payment thereof, the net sum 
of one hundred thousand dollars will remain in said bank, as cap- 
ital stock, in funds available for all usual and proper banking pur- 
poses. 

Sect. 2. To reduce the said capital stock as aforesaid, the 
said corporation shall extinguish five hundred shares therein, 
which have been transferred to it in pledge or otherwise, and 
have become its property, so that each of the remaining one 
thousand shares shall be of the par value of one hundred dollars. 

Sect. 3. From and after the time when the said certificate 
of said commissioners shall have been made and delivered as 
aforesaid, all the rights, duties and liabilities of said corporation 
shall have relation to and be governed by said reduced capital of 
one hundred thousand dollars ; and until said certificate shall 
have been made and delivered as aforesaid, the said corporation 
shall pay into the treasury of this Commonwealth the tax required 
by law to be paid on the present capital of said bank. \Jipproved 
by the Governor, March 12, 1840.] 



Five hundred 
shares to be ex 
tiiiguished. 



Tax to be paid 

upon present 
capital until 
filing of certifi- 
cate. 



Chap. 32. 



Persons incor- 
porated. 



Estate. 



An Act to incorporate the Sheffield Academy. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the some, 
as follows : 

Sect. 1. Edward F. Ensign, Moses Forbes, and .Joseph 
Willcox, their associates and successors, are hereby made a 
corj)oration, by the name of the Sheffield Academy, to be estab- 
lished in Sheffield, in the county of Berkshire ; with all the 
powers and privileges, and subject to all the duties, restrictions 
and liabilities, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The corporation may hold real and personal estate 
to the amount of ten thousand dollars, to be devoted exclusively 



to purposes of education. 
12, 1840.] 



[^Jlpproved by the Governor, March 



1840. Chap. 33—35. 193 

An Act to change llic name of llic Proprietors of the City Hotel, in Boston. Ch/jn S^ 

BE it enacted by the Senate and House of Representatives, "' 

in General Court assembled, and by the authority of the same, 
as follows : 

The proprietors of the City Hotel, in Boston, shall be here- TobecaliedU. 
after known and called by the name of the United States Hotel ^^ "^'^' ^'''"" 
Company. [Jipproved by the Governor, March 12, 1840.] 

An Act to protect the Indian Lands from trcpassers and intruders. CflUp. 34. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. When any person shall nnlawfully enter, intrude Recovery of 
upon, or hold any land, the tide to which is in the Commonwealth, en"tered upon. ^ 
for the use of any tribe or body of Indians in the Commonwealth, 
the same may be recovered upon an information filed and prose- 
cuted by the attorney general or district attorney in the court 
of common pleas for the county where the land lies. 

Sect. 2. Said information may be filed and prosecuted by information, 
the attorney general or district attorney, whenever he shall ^p^" ° ® ' 
have good reason to believe that the claim of the Commonwealth 
can be established by jury. 

Sect. 3. The trial of such information in said court of TrialinC.C.P. 
common pleas, shall be final ; saving, however, to each party, 
the right of exception in matters of law ; which exceptions may 
be filed and proceeded with, according to the provisions of the 
eighty-second chapter of the Revised Statutes. 

Sect. 4. The proceedings in such information, and the Proceedings to 
effects thereof, shall, in all respects, be conformable to the pro- chap^^ios" R 
visions of the one hundred and eighth chapter of the Revised S. 
Statutes ; but if the final judgment is in favor of the Common- 
wealth, a writ of possession may be sued out and served like 
unto similar writs in other civil process. [Approved by the 
Governor, March 14, 1840.] 

An Act concerning the Harbor of Boston. ChctJ). 35. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The lines hereinafter described, are hereby estab- No wharf to 
lished as the lines of the channel of the harbor of Boston, be- fi^^^fi^^^b?'^ 
yond which no wharf or pier shall ever hereafter be extended this act. 
into and over the tide water of the Commonwealth. 

Sect. 2. The line between South Boston free bridge and the Lines between 
old South Boston bridge on the north side of the channel, be- free'brfdgeTnd 
gins at the east end of the north abutment of the South Boston the old South 
free bridge, and rmis westerly to the east corner of Wright's *^°^*°"''"^se- 
wharf, at the westerly side of said bridge, being forty-six feet 
from the west end of said abutment ; thence westerly till it 
meets the northeasterly corner of the first wharf belonging to 
the South Cove Corporation ; thence southerly by the ends of 
the wharves of said corporation, as now built, to Heath's wharf, 
25 



194 1840. Chap. 35. 

and by the end of Heath's wharf to the southerly corner there- 
Lines, j^p. ^i-,g,-,(.g southerly to South Boston old bridge, by a line 
drawn at right angles with said bridge, from a point two hundred 
and ninety-three feet westerly, from the westerly side of the 
draw of said bridge. The line on the south side of the chan- 
nel begins on the north side of South Boston old bridge, at a 
point one hundred and seventeen feet easterly, from the westerly 
side of the draw in said bridge, and four hundred and seventy- 
four feet westerly from the range line of the westerly side of the 
brick building standing at the corner, on the easterly side of 
First street and northerly side of Fourth street, and four hun- 
dred and thirty feet from the face of the east stone abutment 
of said bridge ; thence running northerly to the southwesterly 
corner of Alger's wharf; thence by the end of said wharf to the 
northerly corner of the same ; thence northeasterly to the wharf 
belonging to the South Boston Iron Company, thence to the 
end of George C. Thacher's large wharf, and by the same to 
the northwest corner of said Thacher's small wharf ; and thence 
easterly by said small wharf, sixty-four feet to South Boston 
free bridge, at a point forty-three feet northerly, from the south 
stone abutment of said bridge ; thence southerly by the westerly 
side of said bridge forty-three feet to the said abutment ; thence 
easterly by said abutment to the east end of the same : the said 
line then extends five hundred and twenty feet straight, so as to 
form an angle with said bridge of seventy-five degrees : from 
this point, the line is straight in a northerly direction, in such 
position, that, if it is continued straight, it shall not approach 
within six hundred feet of Arch wharf. 
Lines between Sect. 3. The line between the Warren Bridge and the 
Warren bridge Boston and Roxbury Mill Dam, on the Boston side of the 

^'^j^i«"ii^'i^*^^ channel, besiins at the easterly end of the south abutment of 
and Mill Dam. ^_.^ , • ? i i i r r • i i . 

Warren bridge, and runs by tlie lace ol said abutment, to the 

west angle of the same. From this the line is straight to the 
northern angle of the solid part of the Boston and Lowell Rail- 
road ground ; the line then continues in the same direction, run- 
ning westerly, till it meets the northeasterly side of the bridge 
of the Boston and Lowell Rail-road Corporation, at a point sixty- 
five feet from the south stone abutment of said bridge ; thence 
straight to the westerly side of Canal bridge, at the southerly 
side of the pier wharf on which the gymnasium stood, being at 
a point one hundred and six feet soutlierly, from the southerly 
side of the draw in said Canal bridge ; thence to the northeas- 
terly corner of the solid wharf, belonging to the Cliai-les River 
Wharf Company, and by the end of said wharf to the westerly 
corner of the same ; thence to a ledge of rocks, off against the 
end of Taylor's wharf, at a point, one hundred and eighty feet 
from said wharf, and four hundred and sixty-nine feet from a 
brick house standing at the corner, on the northwesterly side of 
Brighton street, and northerly side of Poplar street ; thence 
straight to the southwesterly corner of the pier wharf situate on 



1840. Chap. 35. 195 

the southerly side of West Boston bridge, crossing the westerly Lines, 
side of said bridge, at a point fourteen feet easterly, from the 
draw in said bridge, and one hundred and eighty-eight feet wes- 
terly, from a brick building standing at the corner, on the eas- 
terly side of Charles street, and southerly side of Cambridge 
Street ; thence, the line is straight in a direction, to a point on 
the northerly side of the Boston and Roxbury Mill Dam, which 
point is eight hundred feet westerly from a brick building stand- 
ing at the corner, on the easterly side of Charles street, and 
northerly side of Beacon street, and one hundred and twenty- 
five feet westerly, from the sea wall at the easterly end of said 
Mill Dam, and keeping in that direction till it intersects a line 
drawn parallel with, and two hundred feet from the northerly 
side of said dam ; thence westerly by said parallel line to the 
west end of said dam. 

Sect. 4. The line on the Charlestown side of the harbor Lines on the 
begins at the southwest corner of the most westerly navy yard ^d^of Harbor 
wharf in Cliarlestown, and running southwesterly about one 
thousand six hundred and fifteen feet, to a timber pier of Charles 
river bridge, which is three hundred and forty feet northerly, 
from the draw in said bridge, and five hundred and nin(!ty-two 
feet southerly, from the southerly corner of a brick store, on 
the northerly side of Water street, at the junction of Main and 
Water streets ; thence on the same course, to a point, one hun- 
dred feet from the west side of Charles river bridge, being in all 
one thousand seven hundred and thirty-five feet ; thence north- 
westerly, about five hundred and twenty feet, crossing Warren 
bridge, to the southwest corner of Thompson's wharf, which 
corner is three hundred and thirty-eight feet from the southwest 
rail of the Charlestown Branch Rail-road, and two hundred and 
seventy-eight feet from the sea-wall built by the Charlestown 
Land and Wharf Company ; thence northwesterly, about five 
hundred and fifteen feet to the southeast corner of the wharf 
belonging to the Charlestown Land and Wharf Company, nearly 
opposite a passage way ; thence northwesterly, about nine hun- 
dred and twenty feet, to a point in range with the east side of 
Fifth street, being two hundred and eighty-four feet westerly, 
from the sea-wall, measured on a line in range with said east 
side of Fifth street ; thence, northwesterly, about five hundred 
and ninety feet, to a point fifteen feet from the south corner of 
wharf B., occupied by Charles Gould, as a lime wharf, which 
point is three hundred and twelve feet from the seawall of the 
Charlestown Land and Wharf Company ; thence northwesterly, 
about four hundred feet to Prison Point bridge, at a point which 
is eighty-six feet easterly, from the east side of the draw in said 
bridge, and three hundred twenty-three feet southwesterly from 
the sea-wall, measuring along the southeasterly side of said Pri- 
son Point bridge. 

Sect. 5. The line on the East Boston side of the harbor. Lines on East 
commences at a point on the East Boston flats, on the northerly i^"ston side of 
side of Bird Island channel, which point is denoted by the letter 



196 1840. Chap. 35. 

l.ines. A on the plan of the harbor, and is situated on a line, in range 

with the southerly side of Sumner street, in said East Boston, 
and at the distance of eight hundred feet from the intersection 
of the east side of Jeffries Street and southerly side of Sum- 
ner street ; thence running westerly from said point, about one 
thousand feet, to the point B, situated in the division line be- 
tween the upland lots numbered sixty and sixty-one, produced 
five hundred and seventy-five feet from the south side of Margi- 
nal street, or about eight hundred and eighty feet in said line 
from the south side of Sumner street ; thence, again, westerly, 
on a straight line, about two thousand feet, to the point C, in 
range with the division line between the water lots of Peter 
Dunbar, and Fettyplace and Lamson, at the distance of one 
thousand one hundred feet from the southwesterly side of Mar- 
ginal street, and one thousand six hundred and ninety feet from 
the southwesterly side of Sumner street ; thence northwesterly 
by a line, parallel to the southvt^esterly side of Sumner street, 
nine hundred and eighty feet to the point D, in the range of the 
easterly boundary line of the water lot of the Eastern Rail-road 
Company, and one thousand six hundred and ninety feet from 
Sumner street ; thence the line runs straiglit, a northerly course, 
about two thousand six hundred feet, to the point E, situated at 
the distance of five hundred and ten feet from the point F, 
which point F is situate in the division line between the water 
lots of Samuel Aspinwall, and Pratt and Gushing ; the said 
point F being one hundred and seventy feet northeasterly, from 
the southwesterly side of Sumner street, in the northwesterly 
side of a street forty feet wide, on which street said Samuel 
Aspinwall, and Pratt and Gushing are bounded, southeasterly ; 
the line from E to F (being five hundred and ten feet in 

Lines length,) makes a right angle with the line D E ; from the point 

E the line is an arc of a circle, described from the centre F, 
with a radius of five hundred and ten feet, to the point G in the 
division line between the water lots of said Aspinwall, and 
Pratt and Gushing ; thence from the point G tb-e line runs 
straight four hundred and seventy-eight feet, to the point H in 
the soutlnvesterly division line of the water lot of the East Bos- 
ton Timber Gompany, and in the range line of the northeast 
side of Maverick street, at the distance of seven hundred and 
fifty-six feet from the west side of Border street. From the 
point H, the line continues straight about five hundred and 
seventy feet, to the point I, in the northerly division line of 
flats or water lots of the East Boston Timber Gompany, at the 
distance of eight hundred and forty-five feet, from the west side 
of Border street. From the point I, the line continues north- 
erly, a straight course, about three thousand three hundred 
feet to the point K, fixed at the distance of one thousand one 
hundred and seventy feet from the intersection of the easterly 
side of Meridian street, and southerly side of Eagle street, 
measured on a right line, running northwesterly from said inter- 
section, at an angle of one hundred and forty-six degrees and 
thirty-nine minutes with said Eagle street. 



1840. Chap. 35—36. 197 

Sect. 6. No wharf, pier, building, or incumbrance of any Prohibition of 
kind, shall ever hereafter be extended beyond the said line into extending 
or over the tide water in said harbor, nor shall any wharf or pier yond tiie line, 
which is now erected on the inner side of said line, extend fur- ^'^^ 
ther towards the said line than such wharf or pier now stands, or 
than the same might have been lawfully enlarged or extended 
before the passing of this act, without leave being first obtained 
from the Legislature. 

Sect. 7. Every person or corporation offending against the Penalty for vio- 
provisions of this act, shall be deeined guilty of a misdemeanor, s^ons^ofTws 
and shall be liable to be prosecuted therefor, by indictment or act. 
information, in any court of competent jurisdiction ; and, on 
conviction, shall be punished by a fine not less than one thou- 
sand dollars, nor more than five thousand dollars, for every 
offence ; and any erection or obstruction which shall be made Removal of 
contrary to the provisions and intent of this act, shall be liable erections and 

, •' I 1 1 I 1 !• • • I obstructions. 

to be removed and abated as a public nuisance, m the manner 
heretofore provided for the removal and abatement of nuisances 
on the public highway. 

Sect. 8. This act shall take effect from and after its pas- 
sage, [^.^pproved by the Governor, March 17, 1840.] 

An Act to alter the Boundary Line between the city of Salem and the town of Dan- f^Jinin Qfi 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as folloios : 

Sect. 1. The boundary line between the city of Salem and Boundaries, 
the town of Danvers shall be, in part, altered and established 
anew, as follows : beginning in Danvers, at the elm tree on the 
plain in Boston street, which stands thirty-six feet southerly 
of the southeasterly corner of Caleb Smith's house, and extend- 
ing thence, at right angles with Boston street, in a course north 
thirty-nine degrees east, to the centre of the channel of the 
North river, (a bound-stone being placed on the south bank of 
the river, opposite this point ;) thence northwesterly by the 
channel of the river, about one hundred and fifty rods, to a point 
directly opposite the westerly boundary of the Harmony Grove 
Cemetery ; thence by the westerly boundary of said cemetery, 
in a course north, forty-three degrees fifteen minutes east, about 
sixty rods, to the northwesterly corner of said cemetery ; thence 
by the northerly boundary of said cemetery, in a course south, 
fifty-seven degrees thirty minutes east, about eighty-three rods, 
to a bound-stone in the wall at the southwesterly corner of the 
field now belonging to Ichabod Nichols ; thence by the wall on 
the westerly side of said field, and across the private way called 
Dark Lane, in a course north, forty-eight degrees east, about 
sixty-two rods and six links, to a boimd-stone in the field now 
belonging to Jonas Harrington, on the ancient boundary line be- 
tween Salem and Danvers, and nine rods nine links northerly 
of the present bound-stone in School-house lane ; and all the 



198 1840. Chap. 36—38. 

territory lying in Danvers, between the line thus described and 
the boundary line heretofore established, is hereby annexed, and 
the jurisdiction thereof confirmed to the city of Salem. 

Doundaries. Sect. 2. The boundary line between the said city and town 

shall be further altered in part, and established anew, as follows : 
beginning in Salem, at the centre of Pool's bridge, on the 
southwesterly side of Boston street, at a point six rods south- 
easterly from the present bound-stone, and two feet from the 
northerly corner of the brick store now belonging to William 
Sutton, and extending thence in a course south forty-six degrees 
and forty-five n)inutes west, for the distance of seven rods and 
fifteen links on the brook ; thence in a course south sixty-two 
degrees and thirty minutes west, for the distance of ninety-three 
rods and ten links, to the southeasterly corner of the field now 
belonging to Ebenezer Shillaber, being fourteen and a half feet 
from the southwesterly corner of the house belonging to the 
heirs of Jonathan Smothers, recently deceased ; thence in a 
course north twelve degrees and fifteen minutes west, for the 
distance of about twenty-four rods by the northerly side of Aborn 
street to the Boston road : and all the territory lying in Salem, 
between the line thus described and the boundary line heretofore 
established, is hereby annexed, and the jurisdiction thereof con- 
firmed to the town of Danvers. 

When to lake Sect. 3. This act shall take effect from and after its pas- 
sage. [^Approved by the Governor, March 17, 1840.] 

ChciV' 3T. ^^ ^^"^ '** protect the Fisheries in the Towns of Braiutree and Weymouth. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as folloics : 
Fish not to he No person shall take any fish with a seine in Monatiquot river, 
&c^at^cenain' >" ^'^^ towns of Braintrce and Weymouth, above Hingham and 
times. Quincy bridge, crossing the Fore river in Weymouth, be- 

tween the first day of February and the twentieth day of June, 
annually ; nor shall any person take any fish in said river, by the 
use of torches or a light, at any time between the first day of 
December and the first day of March, in any year, under a pen- 
alty not exceeding fifty dollars for each offence, to be recovered 
in any court proper to try the same, to the use of the person 
who shall prosecute therefor. [JJpproved by the Governor, 
March 18, 1840.] 

r^hnn ^Pi ^" ^^^ authorizing the Proprietors of Spear's Wharf to extend the same. 

* BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
i.iinit to extent 'J'^q proprietors of Spear's wharf are hereby empowered and 
authorized to extend then* whart, in tlie city oi Boston, into the 
harbor channel, so that the end thereof shall not extend beyond 
a line drawn from the end of Fort Hill wharf to the end of Liv- 
erpool wharf, as they now are ; and shall have and enjoy the 
right and privilege of laying vessels at the sides and end of their 



of wharf. 



1840. Chap. 38—41. 199 

said wharf, as they now have, and receiving wharfage and dock- 
age therefor : jjrovided, that so much of said vvliarf as may be 
constructed in said channel shall be built on piles, and that noth- 
ing herein contained shall in any way interfere with the legal 
rights of the owners of any of the adjoining wharves, or of any 
person whatever. [^Approved by the Governor, March 18, 
1840.] 



Chap. 39. 



An Act concerning tlic Small Pox. 

BE it enacted by the Senate and Bouse of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

So much of an act passed April the twentieth, in the year one Part of former 
thousand eight hundred and thiriy-eight, as relates to the forty- act repealed, 
third and forty-fourth sections of the twenty-first chapter of the 
Revised Statutes, is hereby repealed. [Approved by the Gov- 
ernor, March 18, 1840.] 

An Act in addition to an Act providing for the appointment of Public Administrators, f^hfyn AC) 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The first section of the one hundred and forty- Pari of former 

second chapter of the Statutes of the year one thousand eieht ?*"' oxicnded m 
I II 11- ■ 1 • I I • • • 1 1- • 1 II u "* application, 

hundred and thirly-nine, to which this is in addition, shall be 

construed to apply to property left in any county by intestates 

without known heirs, whether such intestates may have died 

within such county or elsewhere. 

Sect. 2. The administration first granted in any county by 
virtue of the act aforesaid, or of this act, shall extend to all the 
estate of the deceased, and shall exclude the jurisdiction of the 
probate court in every other county. 

Sect. 3. This act shall take effect from and after its pas- when to take 
sage. [Approved by the Governor, March 18, 1840.] *^"^'^'- 

An Act concerning the Taxation of Farms, situate partly- in the town of Stoughton f^hnj) A\ 
and partly in the town of Sharon. ^' 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

All the real estate situate within the bounds of the town of Real estate to 
Stoughton, in the county of Norfolk, shall be taxed in the said I'oVns'' ^^ whS 
town of Stoughton, and not elsewhere ; and all the real estate it lies, 
situate within the bounds of the town of Sharon, in the county 
of Norfolk, shall be taxed in the said town of Sharon, and not 
elsewhere ; any thing contained in an act passed on the eigh- 
teenth day of February, in the year one thousand seven hundred 
and sixty-two, or any other law or usage to the contrary not- 
withstanding. [Approved by the Governor, March 18, 1840.] 



200 1840. Chap. 42. 

f^hnll 42 ^^ ^^"^ ^° reduce the Capital Slock of the Merrimack Bank, in Haverhill. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the 
Merrimack Bank, in Haverhill, are hereby authorized to reduce 
their capital stock to the sum of two hundred and forty thousand 
Dividend of dollais : provided, that no payment or dividend of any part of the 
made umiUer- Present Capital stock of said bank shall be made, nor shall this 
tificaieofbaiik act be in force, until a majority of the bank commissioners shall 
commissioners, jj^^g certified their opinion in writing to the Governor and Coun- 
cil, that the said corporation have sufficient funds for the pay- 
ment of all notes, bills, deposites, and other demands against it ; 
and that after payment thereof, the net sum of two hundred and 
forty thousand dollars will remain in said bank, as capital stock, 
in funds available for all usual and proper banking purposes. 

Sect. 2. From and after the time when the said certificate 
of said commissioners shall have been made and delivered as 
aforesaid, and the said capital shall have been reduced as herein 
provided, all the rights, duties and liabilities of said corporation, 
shall have relation to, and be governed by said reduced capital 
Until certificate ^^ ^^^ hundred and forty thousand dollars ; and until said certifi- 
er bank com- cate shall have been made and delivered as aforesaid, and such 
to'bTpaW on" reduction shall have been made, the said corporation shall pay 
present capital, into the treasury of this Commonwealth their proportion of the 
tax required by law to be paid upon the existing capital of said 
bank. 
Number of Sect. 3. The number of shares in the capital stock of said 

shares to re- bank, shall remain the same as now established, and the reduc- 
as^now.^ **"^^ tion hereby authorized shall be made by paying to each stock- 
holder, in such instalments as the president and directors of said 
bank may order, fifty dollars on each share of said capital stock, 
by him held. 

Sect. 4. This act shall be submitted to the stockholders of 
said bank, at their annual meeting, to be held on the first Mon- 
day of October next, or at a special meeting to be called by the 
directors for that purpose ; and the cashier of said bank shall give 
Act to be sub- notice to the stockholders, that this act will then be submitted to 
hoJd^ers'foT'^ ' ^'^^"^ ^"^' t'^sir adoption, such notice to be published fourteen 
adoption or days prior to said meeting, in the newspapers printed in Haver- 
oihervvise. j^jjj . ^^^ ^j^^ cashier shall, also, two weeks at least, before the 
time of said meeting, send a similar notice to each stockholder in 
said bank. And this act shall be of no effect, unless the same 
shall be accepted by the corporation at their said meeting, after 
notice shall have been given as is herein provided. [Approved 
by the Governor, March 18, 1840.] 



1840. Chap. 43—46. 201 

An Act lo change ihe name of llic Independent Congregational Society in Haverhill. QJiQp 43 

BE it enacted by the Seriate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as folio vjs : 

The Independent Congregational Society in Haverhill shall To be called 
hereafter be called and known by the name of the Centre Con- congregaUonal 
gregational Society in Haverhill. [Approved by the Governor, Society. 
Mirch 18, 1840.] 

An Act authorizing ihe City of Salem to establish ordinances and regulations respect- rifj^f,^ A A 
ing the tiurvey of Lumber. fillip, ff*. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloxos : 

The proviso in the twenty-eighth chapter and the one hundred Proviso in Re- 
and fifty-fiftii section of the Revised Statutes, shall be extended "^^^^^ 28^*'sct^' 
to the city of Salem, so that the city government of said city may i35, extended 
establish any ordinances and regulations, with suitable penalties, «« Salem, 
respecting the appointment of surveyors, and the survey and ad- 
measurement of boards, plank, timber and lumber of every de- 
scription, brought by water into said city, for sale, which they 
may, from time to time, determine to be expedient. [Approved 
by the Governor, March 18, 1840.] 

An Act to protect the Fishery in North River in the County of Plymouth. OhCD 45 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

If any fish committee, chosen by the town of Pembroke, or Seine to be for- 
any person authorized by said committee, shall find any seine or feited under 
net cast in North river, in the county of Plymouth, at any other stances. 
time than that which is allowed by an act passed on the twenty- 
fifth day of February, in the year one thousand eight hundred 
and fifteen, regulating the fishery in said river, they may seize 
and take the same away ; and it shall be forfeited to the use of 
the town of Pembroke. [Approved by the Governor, March 
18, 1840.] 

An Act to change the name and increase the Capital Stock of the Wessacumcon CJidJ), 46. 
Steam Mills in Nevvburyport. ^' 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. I. The said Wessacumcon Steam Mills may take change of 
and hereafter be known by the corporate name of the Barllet °*'"^' 
Steam Mills. 

Sect. 2. The said corporation may increase their capital —and increase 
stock to the amount of four hundred thousand dollars, and may stock!" 
hold real estate lo the amount of one hundred and fifty thousand 
dollars, subject to all the duties, restrictions and liabilities, and 
with all the rights and privileges set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. [Approved by 
the Governor, March IS, 1840.] 
26 



202 



1840.- 



-Chap. 47—49. 



Chap. 47. 



Persons incor- 
porated. 



Estate. 



Chap, 48. 



Persons incor- 
porated. 



Estate. 



Chap. 49. 



Persons incor- 
porated. 



Estate. 



An Act to incorporate the Proprietors of Asliby Academy. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Luke Wellington, Amos Wellington, Ezekiel 
Colman, their associates and successors, are hereby made a 
Corporation by the name of the Proprietors of Ashby Acade- 
my, in the town of Ashby in the county of Middlesex, with all 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. The said corporation may hold real and personal 
estate to the value of fifteen thousand dollars, to be devoted 
exclusively to purposes of education. [^Jlpproved by the Gov- 
ernor^ March 18, 1S40.] 

An Act to incorporate the Westborough School Association. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs: 

Sect. 1. Charles B. Kittredge, Adiel Harvey, Abijah 
Stone, their associates and successors, are hereby made a cor- 
poration by the name of the Westborough School Association, 
in Westborough, in the county of Worcester, with all the pow- 
ers and privileges, and subject to all the duties, restrictions and 
liabilities, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The said corporation may hold real estate to the 
value of ten thousand dollars, and personal estate to the value of 
fifteen thousand dollars, to be devoted exclusively to purposes 
of education. [Jlpproved by the Governor, March IS, 1840.] 

An Act to incorporate the Uxbridge Cotton Mills. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloivs : 

Sect. 1. Charles W. Cartwright, Ezra A. Bourne, Henry 
Hall, and such other persons as may become associated with 
them, and their successors and assigns, are hereby made a cor- 
poration, by the name of the Uxbridge Cotton Mills, for the 
purpose of manufacturing machinery, cotton and woollen goods, 
or mixtures of cotton and wool, in the town of Uxbridge, 
and county of Worcester ; and for these purposes shall have all 
the powers and privileges, and be subject to all the duties, re- 
quirements, and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation in their corporate capacity 
may hold and possess real and personal estate to an amount not 
exceeding four hundred thousand dollars. [^Jlpproved by the 
Governor, March 20, 1840.] 



1840. Chap. 50. 203 

All Act to unite the West Stockbridge Rail-road Corporation and llie Hudson and QJiqij^ 50. 
Berkshire Rail-road Company. •* * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

Sect. 1. The stockholders of the West Stockbridge Rail- The atockhoid- 
road Corporation are hereby constituted stockholders of the Hud- ^oad made 
son and Berksliire Rail-road Company, a corporation created by stockholders of 
tlie Legislature of the state of New York, in the year one thou- 
sand eight hundred and thirty-two ; and the stockholders of said 
Hudson and Berkshire Rail-road Company are hereby consti- 
tuted stockholders of the said West Stockbridge Rail-road Cor- 
poration, and the said two companies are hereby made one cor- 
poration, by the name of the Hudson and Berkshire Rail-road 
Company ; and all the franchises, property, powers and privi- 
leges granted or acquired under the authority of the said States 
respectively, shall be held and enjoyed by all the said stockhold- 
ers in proportion to the niunber of shares, or amount of prop- 
erty, held by them respectively in either or both of said corpo- 
rations. 

Sect. 2. One or more of the directors or other officers of One at least of 
said Hudson and Berkshire Rail-road Company shall, at all unked^company 

times, be an inhabitant of this Commonwealth, on whom pro- to be resident 
' . . , 1111 J 1 • 1 in this State, 

cesses agamst said company may be legally served ; and said 

company shall be held to answer in the jurisdiction where the 

service is made, and the process is returnable. 

Sect. 3. The said company shall keep separate accounts of Commissioners 

. . 1- ■ Tvr I 1 • XT -\T \ to be appointed 

their expenditures in Massachusetts, and in JNew lork, respec- by governors of 

lively; and two commissioners shall be appointed, one by the New York and 

governor of each State, to hold their offices for the term of four 

years, and to be reasonably compensated by said company, who 

shall decide what portion of all expenditures of said company, 

and of its receipts and profits properly pertain to that part of the 

road lying in Massachusetts and New York, respectively : and 

the annual report required to be made by the directors to the 

Legislature of this Commonwealth, shall be approved by the said 

commissioners. 

Sect. 4. The said company, and the stockholders therein, This act not to 
so far as their road is situated in Massachusetts, shall be subject i^^bUitks^'&c 
to all the duties and liabilities of the said West Stockbridge Rail- 
road Corporation, and the general laws of this State, to the same 
extent as the said West Stockbridge Rail-road Corporation, and 
the stockholders therein would have been, if this act had not 
been passed. 

Sect. 5. Nothing in this act shall be so construed as to aflect —not to affect 
the location, or any of the rights and privileges of the Western Rlad,"!^' ^' 
Rail-road Corporation. 

Sect. 6. This act shall not take effect until the Legislature _nottotake 
of the State of New York shall have passed an act similar to this, effect until simi- 
nor until said acts shall have been accepted by the stockholders Yorl"! ^ 
of the said two corporations respectively, at legal meetings called 



204 



1840.- 



-Chap. 50—53. 



Chap. 51. 



Persons incor- 
porated. 



Estate. 



Chap. 52. 



Bridge, where 
to be built. 



Proviso. 



Bridge to be 
assumed by 
Wareham. 



Cha'p. 53. 



To be called 
the Appleton 
Street Church. 



for that purpose. [Approved by the Governor^ March 20, 
1840.] 

An Act to incorporate the Griswoldville Manufacluring Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same^ 
as follows : 

Sect. 1. Sylvester Allen, Cephas Root, Elisha Peck, their 
associates and successors, are hereby made a corporation, by 
the name of the Griswoldville Manufacturing Company, for the 
purpose of manufacturing cotton and woollen goods in the town 
ofColeraine, and county of Franklin; and for these purposes 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the thirty-eighlh 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purposes 
aforesaid, real estate to the amount of fifty thousand dollars, and 
the whole capital stock of said corporation shall not exceed one 
hundred and fifty thousand dollars. [Approved by the Governor, 
March 20, 1840.1 

An Act authorizing the County Commissioners of the County of Plymouth to con- 
struct a Bridge over Wankinco river. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follotcs : 

Sect. 1. The county commissioners of the county of 
Plymouth are hereby authorized to lay out and establish a public 
highway, and to cause to be erected a suitable draw-bridge across 
the navigable waters of the Wankinco river, in the town of 
Wareham. in such place between the narrows of said river and 
the junction of the same with the Agawam river, as they may 
judge most conducive to the public good, according to the pro- 
visions of the twenty-fourth chapter of the Revised Statutes : 
provided, that Nelson B. Nye and his associates, petitioners for 
this act, shall first give to said commissioners a good and suffi- 
cient bond, to build or cause to be built said bridge at their own 
cost and expense, if said commissioners, on viewing the premi- 
ses, shall order a bridge to be built. 

Sect. 2. Said bridge, when built and accepted by the county 
commissioners, shall be assumed by the town of Wareham, and 
kept in good repair as a public highway forever. [Approved by 
the Governor, March 20, 1840.] 

An Act to change the name of the Proprietors of the Second Congregational Mccling- 
liouse, in Lowell. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Proprietors of the Second Congregational JNIeeting-house, 
in Lowell, hereafter shall be called and Known by the name of 
the Appleton Street Church. [Approved by the Governor, 
March 20, 1840.] 



1840. Chap. 54—57. 205 

An Act to repeal a certain Special Act. ChcLV- 54. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Sect. 1. An act regulating the collection of taxes in the Aiawconcem- 
town of Newburyport, and providing for the appointment of po^.t'^fepe''a"e^' 
constables in said town, passed on the twenty-first day of .Tune, 
in the year one thousand eight hundred and eleven, and all acts 
in addition thereto, are hereby repealed. 

Sect. 2. This act shall take effect from and after its pas- When to take 
sage. [^Jipproved by the Governor, March 20, 1840.] 

An Act to incorporate the Westford Mutual Fire Insurance Company. iyhdV' OD. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as follows : 

Luther Prescott, Timothy P. Wright, and Asa Prescolt, 
their associates and successors, are hereby made a corporation, 
by the name of the Weslford Mutual Fire Insurance Company, '"^"^^t"*c^o^°'"" 
in Westford, in the county of Middlesex, for the term of twenty- tinuc for twen- 
eight years, for the purpose of insuring dwelling-houses and other ty-eight years, 
buildings, and household furniture throughout the Common- 
wealth ; with all the powers and privileges, and subject to all the 
duties, restrictions, and liabihiies set forth in the thirty-seventh 
and forty-fourth chapters of the Revised Statutes. [Approved 
by the Governor, March 20, 1840.] 

An Act to incorporate the Weliflcct Marine Benevolent Society, KytlCtp, 00. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloios : 

Sect. 1 . William Stone, jr. Isaac Paine, Timothy Ward, ^',3. ''"''" 
George B. Saunders, their associates and successors, are hereby 
incorporated, and made a body politic by the name of the Well- 
fleet Marine Benevolent Society ; with all the powers and privi- 
leges, and subject to all the duties and liabilities set forth in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may take and hold real es- 
tate not exceeding the value of two thousand dollars, and per- Estate, 
sonal estate not exceeding the value of three thousand dollars, 
for charitable purposes. [JJpproved by the Governor, March 
20, 1840.] 

An Act concerning the Tenth Massachusetts Turnpike. ChttV^ 5*7. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Sect. 1 . Edward Stevens, of New Marlborough, Philip 
Barnes, of Great Barrington, and Henry W. Bishop, of Lenox, 
are hereby appointed a committee, upon the petition of the Committee ap- 
Tenth Massachusetts Turnpike Corporation, for an alteration of i'°'"!^'' to view 

, . , I • 1 1-11 • /■ I and lay out al- 

about seventy or eighty rods in length, ni the location ol that part leraiions, 



206 1840. — -Chap. 57—58. 

of their road which lies between the h'ne of the State of Connec- 
ticut and a point about twenty-five or thirty rods south-east of 
David Belden's, in the town of Sandisfield ; and said committee 
are hereby authorized and required to view said proposed ahera- 
tion, and if by thern deemed expedient, to lay out the same, and 
assess all such damages as may be occasioned to individuals or 
corporations by such location ; said damages, together with the 
expenses and compensation of said committee, to be paid by said 
turnpike corporation : provided-) however^ that before proceeding 
to view, or make said alteration, said committee shall give due 
notice to all parties interested, of the time and place at which 
they will meet for the purposes aforesaid, that they may appear 
before said committee, and be fully heard thereon. 

Sect. 2. Should said committee, after a full hearing of all 

parties in interest, make said proposed alteration in said road, 

—to report to ^hgy shall make report of their doings with their location of said 

county com- ,•'. ,' ..o~, r-ni 

missioners, &:c. alteration to the county commissioners lor the county ol Berk- 
shire, at their meeting to be held next after such location shall 
have been made, and if said commissioners, after a full hearing 
of all parties, who may wish to be heard thereon, shall accept 
said report, they shall make a record of said location, and there- 
upon said road, as located by said committee, shall become a 
part of said Tenth Massachusetts Turnpike: provided, that any 
person or corporation shall, on application to said county com- 
missioners, be entitled to a jury for the re-assessment of damages, 
occasioned by said location in the same manner as is now pro- 
vided, in case of roads laid out and established by county com- 
missioners. [^Approved by the Governor, March 20, 1840.] 

f^Tinm PiP An Act for the alteration of the Boundary Line between the towns of Scituate and 
lutiap. OO. cohasset. 

BE it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. From and after the passing of this act, the line 
herein described shall be, as far as it extends, a boundary line 
Bouirdaries. between Scituate, in the county of Plymouth, and Cohasset, in 
the county of Norfolk, viz. : beginning at the southwesterly cor- 
ner of the Bailey farm, so called, as it adjoins Conchasset or Gulf 
river ; running thence north, eighty-seven and one half degrees 
east, ten rods ; then running north, seventy-one degrees east, 
twenty-four rods to a point on the southerly side of the highway, 
near the southeasterly corner of the dwelling-house of Henry J. 
Turner, Esq., and from said point, continuing across the road, 
and over land belonging to the Bailey farm, north, sixty-one 
degrees east, to the termination of the fence, on the edge of the 
marsh between the field and pasture, and running thence by a 
ditch, north, forty-four degrees east, to the centre of Bailey's 
creek, and running thence by said creek to Conchasset river. 

Sect. 2. All lands lying between the line above described, 
and Conchasset river, aforesaid, shall hereafter be included in the 



into effect. 



1840. Chap. 58—60. 207 

town of Cohasset ; and all that part of the Bailey farm that lies J^^^^^^g J'^" ,^®" 
southerly and easterly of the line aforesaid, shall be henceforth to the two 
reannexed to said town of Sciluate. towns. 

Sect. 3. The boundary lines, as heretofore established and Former bound- 

• • -I- Til 1 AT c II II Hries to certain 

existing between the counties ol l-'jynnouth and JNorlolk, and be- extent confirm- 
tween the said towns, except so far as the same are altered by ^^• 
this act, are hereby confirmed. [Jlpproved by the Governor, 
March 2Q, 1840.] 

An Act concerning the apportionment of the Senate. C^hfin fSQ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. In the year of each decennial census. His Excel- Governor to 
lency the Governor, whenever he shall cause to be published ^'^'^ ""V'^^ ^'C 

, -^ . 1 . I II 1 • • r I the number of 

the apportionment ot representatives, shall also give notice oi tlie senators for 
number of senators to be chosen in each district. '^^'^'' <=o""'y- 

Sect. 2. The second section of the fifth chapter of the Re- Seech. 5,sect. 
vised Statutes, is hereby repealed, so far as said section relates ^' ^- ^• 
to the number of senators to be chosen by the several districts, 
respectively. 

Sect. 3. This act shall take effect from and after the date Act, wiien to go 
of the Governor's proclamation, announcing that the amendment 
of the Constitution, to be submitted to the i)eople on the first 
Monday of April next, has been duly adopted and ratified by 
them ; and if the said amendment shall be rejected, this act shall 
be void. [Approved by the Governor, March 20, 1840.] 

An Act in addition to an Act concerning Union Bridge, so called. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The proprietors of Union bridge, so called, in the Corporation to 
county of Plymouth, shall, upon the following conditions, con- I'wenty'years, 
tinue to be a corporation, for and during the term of twenty &c. 
years from and after the nineteenth day of June, in the year one 
thousand eight hundred and forty-one, with the right of taking 
loll, and all other rights and powers, and subject to all the pro- 
visions of their act of incorporation, to which this act is in ad- 
dition ; and at the expiration of said term of twenty years, said 
Union bridge shall revert to, and become the property of the 
Commonwealth, and shall be surrendered by said proprietors in 
good repair ; and the said proprietors shall be discharged from 
all further duties, liabilities and obligations in regard to the care, 
maintenance and repair of said bridge. 

Sect. 2. From and after the nineteenth day of June, in the Tolls tobe re- 
year one thousand eight hundred and forty-one, the tolls now ^"<=ed. 
authorized to be taken by said corporation shall be so far altered 
and reduced as to conform to the rates of toll established by the 
act incorporating the North River Bridge Company, passed the 
fifteenth day of February, in the year one thousand eight hun- 
dred and twenty-five. 



Chap. 60. 



208 



1840.- 



-Chap. 60—62. 



Tolls may be 
regulated by 
Legislature. 



Sect. 3. The Legislature shall have a right, at any lime 
after the first day of January, in the year one thousand eight 
hundred and forty-five, to alter and regulate anew the rates of 
toll to be received by said proprietors. 
Appointment of Sect. 4. On or before the twentieth day of June, in the 
ufe^'brTdge °&c. ^®^'' °"^ thousand eight hundred and forty-one, three disinter- 
ested persons shall be appointed to appraise said bridge, one to 
be chosen by the town of Scituate, one by the town of Marsh- 
field, and one by the proprietors of said bridge, neither of whom 
shall be inhabitants of the towns of Scituate or Marshfield, who 
shall proceed to appraise, under oath, and determine the value of 
said bridge as a structure only, and make return of their doings 
to the town clerks of the towns of Scituate and Marshfield, and 
to the clerk of the Union Bridge Corporation ; and when the 
receipts of loll or income of said bridge shall have amounted to 
a sum equal to the appraised value of said bridge, with interest 
annually at seven per cent., then the said bridge shall revert to, 
and become the property of the Commonwealth ; or when the 
towns of Scituate and IMarshfield, or either of them, shall tender 
to said proprietors the amount said bridge has been appraised at, 
with annual interest thereon at seven per cent., deducting what 
may have been received by said proprietors, by tolls, then said 
bridge shall become the property of the towns of Scituate and 
Marshfield, and shall be supported by them as a public highway 
forever, any thing in this act to the contrary notwithstanding. 

Sect. 5. So much of the act to which this is in addition as 
is incompatible with the provisions of this act, is hereby repealed. 
[Approved by the Governor^ March 20, 1840.] 

Chap. 61. "^^ ■'^^'^^ regulaiiiig the use of Proxies at the meeting of Stockholders of Banks. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. No individual, at any meeting of the stockholders 
of any bank, shall be allowed, by virtue of any proxies held by 
him, to cast more than fifty votes. 

Sect. 2. No director, cashier, or other officer of any bank, 
at any meeting of the stockholders thereof, shall be allowed, by 
virtue of any proxy or proxies held by him, to cast more than 
ten votes, [^ppi'oved by the Governor, March 21, 1840.] 



Repealing 
clause. 



No one, by vir- 
tue of proxies, 
to cast more 
thaiiji/tij votes. 
Officers of 
banks not to 
cast more tl)an 
ten voles by 
virtue of prox- 
ies. 

Chap. 62. 



Proprietors 
may organize 
as provided in 
Chap. 20. R. S. 



Powers, liabili- 
ties, &c. 



An Act concerning the Proprietors of Meeting-Houses. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The proprietors of any church, meeting-house, or 
other house of public worship, may organize themselves as a 
corporation in the same manner as religious societies are author- 
ized to do, by the provisions of the twentieth chapter of the 
Revised Statutes. 

Sect. 2. The proprietors of any church, meeting-house, or 
other house of public worship, organized as aforesaid, shall be- 



1840 Chap. 62—63. 209 

come a corpoialion, with all the powers and privileges, and sub- 
ject to all the duties, restrictions and liabilities set forth in the 
several sections of the forty-fourth chapter of the Revised 
Statutes, except the third section, and in that part of the twenti- 
eth chapter of said statutes, which relates to the proprietors of 
churches, meeting-houses and other houses of public worship : 
provided^ that all the powers, derived from any such organiza- 
tion, may at any time be revoked by the Legislature. 

Sect. 3. Every such corporation may hold so much real Amount of 
and personal estate, in addition to their meeting-house, as may ^ly brSen. 
be necessary for the objects of their organization, and as shall 
be agreed and determined on at the meeting of said proprietors, 
held for the purpose of such organization ; and tlie annual in- 
come of all the real and personal estate, held by such corpora- 
tion, shall be applied to parochial purposes. 

Sect. 4. The clerk of every such corporation, so consti- Copy of pro- 
tuted and organized as aforesaid, shall, within ten days of such porSn to^br* 
organization, leave with the clerk of the town or city, in which filed with town 
such church, meeting-house, or other house of public worship, '^^"^^ 
is situated, or is about to be built, a true copy, attested by 
the clerk of said corporation, of the record of the proceedings, 
had at such organization ; and the same shall be recorded in a 
book, kept for that purpose, by such town or city clerk, who 
shall receive the same fees as the register of deeds for the like 
services. And in case the said clerk shall omit to leave a copy 
of said record with the town or city clerk, to be recorded as 
aforesaid, such organization shall be wholly void and of no effect. 
\jJlpproved by the Governor^ March 21, 1840.] 

An Act to regulate the inspection of Clam Bait. L/ll(ipt OO. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. I. The inspector general of pickled fish, in this Jj'^PfbaT*'^ 
Commonwealih, and his deputies, shall be inspectors of clam 
bait. 

Sect. 2. Said inspector general and his deputies respectively, fgcfors'^'"* 
shall see that all clam bait presented to them for inspection, has been 
well cleansed and struck with salt or pickle in the first instance, 
and preserved sweet, free from taint or damage ; and such clam Bait, how to be 
bait as shall be found in good order and of good quality shall be Packed, 
packed in good merchantable barrels, containing not less than 
twenty-eight, nor more than thirty gallons each, with two hun- 
dred and fifty pounds of clams in each barrel, with a suitable 
quantity of salt to preserve the same. 

Sect. 3. The inspector general, or his deputies, shall Concerning 
brand each barrel of clam bait inspected by them, respectively, harreis"foiItain- 
agreeably to the provisions of the seventy-fifth section of the ingbait. 
twenty-eighth chapter of the Revised Statutes, with the addi- 
tion of the month in which said bait is inspected. 
27 



210 



1840.- 



-Chap. 63—65. 



Penalty for sell- 
ing bail not 
inspected and 
branded. 



Fees for in- 
specting. 



Inspectors not 
to be responsi- 
ble after certain 
time. 

Former act on 
this subject re- 
pealed. 

When to lake 
effect. 



Chap. 64. 



Persons incor- 
porated. 



Estate. 



Chap. 65. 



District lo be 
invested with 
privileges of 
parishes. 



Concerning 
meeting-house. 



Sect. 4. If any person shall sell, or offer for sale, any 
clam bait, within this Commonwealth, not having been inspected 
and branded agreeably to the provisions of this act, he shall for- 
feit ten dollars for every barrel so sold or offered for sale : pro- 
vided^ however, that the forfeiture contained in this section shall 
not apply to cases where the parties are inhabitants of the same 
town. 

Sect. 5. The fees for inspecting clam bait shall be the 
same as are provided for the inspection of pickled fish, and 
shall be collected in the same manner. And the said inspectors 
shall not be held responsible for any clam bait that they may 
have inspected after the expiration of six months from the time 
of inspecting the same. 

Sect. 6. The act passed on the seventeenth day of April, 
in the year one thousand eight hundred and thirty-eight, entitled 
an act to regulate the inspection of clam bait, is hereby repealed. 

Sect. 7. This act shall take effect at the expiration of three 
months. [Approved by the Governor, March 21, 1840.] 

An Act to incorporate the Pepperell Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Sect. 1. Samuel Farrar, Seth Nason, S. P. Shattuck, 
their associates and successors, are hereby made a corporation, 
by the name of die Pepperell Manufacturing Company, for the 
purpose of manufacturing paper, in the town of Pepperell, in 
the county of Middlesex, with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set forth 
in the thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 

Sect. 2. Said corporation may hold for the purposes afore- 
said, real estate to the amount of thirty thousand dollars, and 
the whole capital stock of said corporation shall not exceed the 
amount of sixty thousand dollars. [Approved by the Governor, 
March 21, 1840.] 

An Act concerning the District of Marshpee. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The district of Marshpee is hereby invested with 
all the powers and privileges, and made subject to all the duties 
and liabilities, which parishes or religious societies possess, and to 
which they are subjected by the laws of this Commonwealth, 
except as is hereinafter provided ; and the meetings of the pro- 
prietors of said district, for parish purposes, shall be called in 
the same manner as the meetings of the said proprietors are or 
may be called. 

Sect. 2. The said district of Marshpee shall have the same 
rights and powers in regard to the public meeting-house and 
parsonage lands belonging to the said district, which other par- 



1840. Chap. 65—66. 211 

ishes or religious societies in iliis Commonwealth have In regard 
to their meeting-houses, and parsonage lands : provided, that 
neither the parish nor district sliall ever sell or transfer their Proviso in re- 
meeting-house, nor shall any of the pews therein ever be sold meeting-house. 
or transferred to any person other than a proprietor of said 
district. 

Sect. 3. No person shall ever be allowed to vote in the Concerning 
meetings of said district for j)arisli purposes excepting such per- [.'fparUi/meef- 
sons as are or may be legally entitled to vote in said district ing. 
meetings when called for other purposes ; and the said parish or 
district shall not have power to assess any tax on the inhabitants 
of said district, for the support of a religious teacher. 

Sect. 4. Nothing: in this act contained shall be so construed Certain rights 

•~ . . , , 1 • I r 1 T) "°' ^** "^ attect- 

as m any way to affect or nnpau' the legal rights ot the Jttev. ed by this act. 
Phineas Fish to enjoy the parsonage and other lands improved 
by him in said district of Marshpee, or any other ministerial 
rights which he may now by law have. [Approved by the Gov- 
ernor, March 21, 1840.] 

An Act relating to Representative Districts. ChCV. Qo. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. In case any two or more towns in this Common- Towns to make 
wealth shall, in the present year, or in any tenth year thereafter, [etary%f votes 
form themselves into a representative district, by a vote passed passed for 
to that effect, by each of said towns, previous to the first day of seuTai'ive^^dis^' 
August, according to the provisions of the thirteenth article of tricts. 
amendments in the Constitution, the selectmen of each of said 
towns shall make out a return of said vote, attested by them- 
selves and the town-clerk, and sealed up with an indorsement, 
expressing the purport thereof, and deliver the same to the 
sheriff of the county on or before the tenth day of August, who 
shall transmit the same into the Secretary's office on or before 
the twentieth day of said month, or the said selectmen shall 
themselves transmit the said return to the Secretary on or before 
the day last mentioned. And the Secretary shall, as soon as 
may be, lay all such returns before the Governor and Council. 

Sect. 2. The qualified voters in each town of every such Concerning 
representative district shall meet in their respective towns on ^//(^"n'lngfhe 
the second Monday of November, annually, for the election of result of ballot- 
as many representatives as said district may be entitled to ["^'.j^o^fhe'^ 
choose, according to said article of amendment. And such elec- district vote for 
tions shall be conducted, and the result of the ballotings declared [^^.^^^^Jtf'" 
and recorded, as far as may be, according to the provisions of town meetings, 
the Constitution and laws, relating to the election of representa- 
tives in towns. And the selectmen and town-clerk shall forth- 
with make out and attest, under their hands, a true transcript of 
the record of such result, and deliver the same to the clerk. 
And the several clerks of the towns of such district shall meet 
together at noon on the day following the said election, at a place 



212 1840. Chap. 66. 

within the district to be fixed as hereinafter provided, and com- 
pare the said transcripts, and ascertain what persons, if any, have 
been duly elected representatives of such district, by a majority 
of the voters thereof, and shall make out a certificate of such 
fact under their hands, and transmit the same within one week 
Provision for a to every person so elected. And if it shall appear, on such com- 

second tri3.l lor * ■» '*. 

choice of repre- parison, that the whole number of representatives to which such 
sentatives. district is entitled has not been elected, the said clerks shall 
forthwith certify that fact, under their hands, to the selectmen of 
each town in said district ; and said selectmen shall duly notify 
another meeting for the choice of lepresentatives, to be held on 
the fourth Monday in November, and the same proceedings shall 
be had in the conducting of said second election, and in ascer- 
taining, declaring, and recording the result thereof in each town, 
and in comparing the votes of the several towns, and in certify- 
ing the result of such comparison, as is herein before directed. 
And in all cases a distinct record of the result of the compari- 
sons, made as aforesaid, shall be made by the several clerks in . 
the books of their towns respectively. 
Place for meet- Sect. 3. The place within each district, at which the seve- 
ingof town ral clerks shall meet for the purposes of comparing the votes of 
pare votes. ^^0 several towns, as aforesaid, shall be fixed in the year of each 
decennial census, by the Governor and Council, who shall cause 
the selectmen of each of said towns to be notified thereof on or 
before the first day of October, provided that such place in any 
district may, at all times, be changed by the Legislature. 
Provision made Sect. 4. Instead of the provisions of the two foregoing see- 
the 'dilir?^"o "'^ lions, any representative district may determine, by a vote of the 
vote unitedly, several towns of which it is composed, which vote shall be 
given, and a return of it transmitted to the Secretary's office, as 
required in the first section, that the meetings for the choice of 
representatives shall be held alternately in each of said towns, in 
the manner following : — The meeting of the district in the year 
one thousand eight hundred and forty, and every tenth year 
thereafter, shall be held in that town of the district which con- 
tains the greatest number of inhabitants, according to the decen- 
nial State-census, and in the following year, in the town contain- 
ing the next greatest number, and so proceeding. Said meeting, 
on the second Monday of November, shall not be opened at an 
earlier horn- than two o'clock in the afternoon, and its proceed- 
ings shall be conducted in all respects, as near as may be, like 
the proceedings of a town-meeting for the same pmpose, the 
selectmen of the several towns presiding unitedly therein ; and 
said district shall have all the rights and privileges, and be sub- 
ject to all the liabilities of a town, so far as relates to the choice 
of representatives. The election shall be recorded in the rec- 
Concerning ^''^^^ ^^^ ^^ch of the several towns respectively, 
time of opening Sect. 5. The meeting for the election of Governor, Lieu- 
choice of *gov- ^snant Governor, and Senators, in towns availing themselves of 
ernor, &.C. the provisions contained in the preceding section, may be opened 



1840. Chap. 66—67. 21 

at an earlier hour than eleven o'clock in the forenoon, any thing 
in the second section of the fourth chapter of the Revised Stat- 
utes to the contrary notwithstanding. 

Sect. 6. In case of any vacancy in the office of town clerk, ,^y**r*'o'therSse 
or any disability in any clerk to perform any of the duties herein of town clerk, 
required, the selectmen of any town as aforesaid may appoint a 
clerk i)ro tempore, who shall be duly sworn, and shall perform 
said duties. 

Sect. 7. Any sheriff, selectmen, or town clerk, who shall Penalty for neg- 

I r r 1 1 • • • I I 11 lect of duties 

neglect or reluse to perlorm any duty herein enjoined, or shall prescribed by 

be guilty of wilful falsehood in the discharge thereof, shall be this act. 

liable to a fine not exceeding three hundred dollars. 

Sect. 8. The Secretary shall, as soon as may be after the Copy of this 
passing of this act, transmit a copy of the same to the selectmen foea^htown. 
of each town in the Commonwealth. 

Sect. 9. An act passed on the eighteenth day of April, in Repeal of a 
the year one thousand eight hundred and thirty-seven, entitled '^^'"'*'"**^'' 
" an act relating to representative districts," is hereby repealed. 

Sect. 10. This act shall go into operation from and after When this act 
the issuing of a proclamation announcing the ratification by the 'y° go '"'<> 
peo))le of the aforesaid article of amendment. And in case said 
article shall not be so ratified, this act shall be void. [Approved 
by the Governor, March 21, 1840.] 

An Act to incorporate the Sanchachanlacliet Fishing Company, in Edgarlown, iu /^7,y,», fi'J 
Duke's County. ^IIU}), V I . 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as foil axes : 

Sect. 1. Ichabod Norton, Constant Norton, Benjamin Kid- Persons incor- 
der, their associates and successors, are hereby made a corpora- fh°e?r'powers. 
tion, by the name of the Sanchachantacket Fishing Company, 
in Edgartown, in Duke's County ; and are empowered to alter 
the present outlet of Sanchachantacket pond, so called, for the 
purpose of flowing the meadows in the winter season, and for a 
herring fishery therein, and to regulate the same ; and for this 
purpose shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. If any person, without the permission of said cor- Penalty for 
poration, shall take, catch or haul on shore anv herrings in said taking fish \yith- 

1-1 1 1 1-1 I ' 1 1 r °"^ permission 

pond, or in the creek or outlet which may be made tnerelrom, ©f this corpora- 
he shall forfeit and pay, for the use of said corporation, a sum ''°"- 
not exceeding three dollars, if the quantity so taken be less than 
one barrel ; but if the quantity be more than one barrel, the per- 
son so offending shall forfeit and pay, for each barrel of herrings 
so taken, ihe sum of five dollars, to be recovered in any court 
proper to try the same. 

Sect. .3. Nothins: herein contained shall authorize the said Certain proper- 

^ - « Iv nnrt nrivi- 



ty and privi 

without his consent ; or deprive any 



ki • . c ly ana pnvi- 

^. ^ e or use the private property ot any person, le^e not affect- 

"eprive any inhabitant of the town of ed by this act. 



214 



1840- 



-Chap. 67—68. 



Edgartown of any privilege which he now has, of taking any- 
kind of fish, excepting herring, from said outlet or pond. 

Sect. 4. All persons who now are or may hereafter be 
owners of land, adjoining said pond, or the creek or outlet to be 
made therefrom, may become members of said corporation ; 
subject, however, to pay their proportional part of the expenses 
which shall have been incurred by said corporation before the 
time of their admission. 

Sect. 5. The present owners of lands adjoining the said 
one share only, pond, or the said creek or outlet, shall have, each, one share 
^^^ ' only in said fishery, and no one of them shall, by conveyance or 

descent of his lands, create or cause to be created an additional 
number of shares : provided, however, that each of the present 
owners, or his successor or successors, may divide his original 
share into parts or fractions. [Jlpproved by the Governor , 
March 21, 1840.] 



Adjoining own- 
ers may join 
this corpora- 
tion, &c. 



—to possess 



Chap. 68. 



Census to be 
taken in May 
of every tenlh 
year. 



Proviso con- 
cerning State 
paupers, &c. 



Census, by 
whom to be 
taken. 



Return, how to 
be made out. 



Return to be 
made to Secre- 
tary before last 
day of June. 



Penalty for ne- 
plecling duties 
imposed by 
this act. 



An Act for taking a Census of the Inhabitants of this (^ommonwealih. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. A census of the inhabitants of the several cities 
and towns in this Commonwealth, on the first day of May next, 
and on the first day of May, in every tenth year thereafter, shall 
be taken and returned into the Secretary's Office, on or before 
the last day of the following June, in the manner hereinafter 
prescribed : provided, however, that state paupers and convicts 
in the state prison shall not be numbered ; also, the inmates of 
the several hospitals, jails and houses of correction, and the stu- 
dents in colleges, academies and high schools, shall not be num- 
bered in the census of towns to which they do not belong. 

Sect. 2. The said census shall be taken in the several 
cities by censors appointed by the mayors and aldermen thereof 
respectively, and in the several towns by the assessors thereof 
respectively, which censors and assessors shall be sworn to the 
faithful discharge of this duty. And said censors and assessors 
shall make out, in words, at length, a return of the result of said 
census, and shall sign the said return and make oath that the 
same is true, according to their best knowledge and belief ; and a 
certificate of the said oath under the hand of the magistrate 
administering the san)e, shall be annexed to the said return. 
And the said censors or assessors shall deliver the said return 
to the sheriff, on or before the twentieth day of June of the year 
in which said census is taken, who shall transmit the same to the 
office of the Secretary of the Commonwealth, on or before the 
last day of said June ; or the said censors or assessors shall 
themselves transmit the said return to the Secretary's office on 
or before the day last named. 

Sect. 3. Any censor or assessor who shall wilfully refuse 
or neglect to perform any duty imposed on him by this act, shall 
be liable to a penalty not exceeding five hundred dollars. And 



1840. Chap. 68—70. 215 

any sheriff who shall wilfully refuse or neglect to perform the 
duty imposed on him by this act, shall be liable to a penalty not 
exceeding one thousand dollars. And any censor or assessor, 
who shall be guilty of wilful deceit or falsehood in the discharge 
of any duties enjoined by this act, shall be liable to a penalty 
not exceeding two thousand dollars or to imprisonment for a 
term not exceeding one year. 

Sect. 4. As soon as may be after the passing of this act, Secretary to 
the Secretary shall transmit a printed copy of the same, to the o? "hiT'act'^^o'*^ 
clerks of the several cities and towns respectively, and a printed town clerks, 
form of return ; and shall annex to said form a notification that 
all returns must be made into his office on or before the last day 
of June next, and shall transmit a like form of return every 
tenth year thereafter. 

Sect. 5. The act passed on the twelfth day of April, in f/'^^^^liYa^'^' 
the year one thousand eight hundred and thirty-seven, entitled i837. ' 
*' an act to provide for taking a census of rateable polls," is here- 
by repealed. 

Sect. 6. This act shall take effect from and after the date Act to take ef- 
of the Governor's proclamation, announcing that the amendment damation'of" 
of the Constitution, to be submitted to the people on the first adoption of 
IMonday of April next, has been duly adopted and ratified by ^'"^" '"^" " 
them, and if the said amendment shall be rejected, this act shall 
be void. [Approved by the Governor, March 21, 1840.] 

An Act concerning Toll Bridges. ChcH) 69 

BE it enacted by the Senate and House of Representatives, 
in Genercil Court assembled, and by the authority of the saniCj 
asfollou'S : 

The provisions of the forty-third section of the thirty-ninth Provisions of 
chapter of the Revised Statutes, are hereby extended, so that 43"?i. s.' ex-' 
all corporations, owning a toll bridge, shall be entitled to avail tended to a/i 
themselves of the provisions of said section, as if they had been owinn'^ioir 
originally described in said section. [Approved by the Governor, bridges. 
March 2\, 1840.] 

An Act to incorporate the Fulton Hardware Manufacturing Company. ChrtTI 70 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

Sect. 1. Isaiah Wadleigh, Daniel D. Badger, and Alexan- Persons incor- 
der Richardson, their associates and successors, are hereby made P"""^'®^- 
a corporation, by the name of the Fulton Hardware Manufac- 
turing Com|)any, for the purpose of manufacturing hardware in 
the town of VVoburn, in the county of Middlesex ; and for this 
purpose shall have all the powers and privileges, and be subject 
to all the duties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said company may hold, for the purposes Estate, 
aforesaid, real estate to the amount of twenty thousand dollars, 
and the whole capital of said company shall not exceed one hun- 
dred thousand dollars. [Approved by the Governor, March 21, 
1840.] 



216 



1840.- 



-Chap. 71—73. 



Chap. 71. 



Persons incor- 
porated. 



Estate. 



Proviso. 



An Act to incorporate Mill River Reservoir Company. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Stephen Brewer and Luther C. Clark, their asso- 
ciates and successors, are hereby made a corporation, by the 
name of Mill River Reservoir Company, for the purpose of con- 
structing, supporting and occupying a reservoir of water on the 
West Branch of Mill River, in the town of Goshen, in the county 
of Hampshire, for the supply of mills situated on said river, with 
all the powers and jirivileges, and subject to all the duties, re- 
strictions and liabilities set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- 
said, real estate to the amount of five thousand dollars, and the 
whole capital stock of said corporation shall not exceed the 
amount of six thousand dollars : provided, nevertheless, that 
nothing in this act contained shall, at any time, impair or change, 
without their consent, the rights of any individual or individuals 
other than the petitioners. \Spproved by the Governor, March 
21, 1840.] 

ChciV. 72. An Act in addition to an Act to incorporate the Salem Female Charitable Society. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The amount of annual subscription which shall 
constitute membership of the Salem Female Charitable Society, 
shall be determined at the annual meeting of said society. 

Sect. 2. The said society are hereby authorized to admin- 
ister relief to all such destitute females as they may deem prop- 
er objects of charity. 

Sect. 3. All provisions of the act to incorporate said soci- 
ety, which are inconsistent with the provisions of this act, are 
hereby repealed, [^^pproved by the Governor, March 2\., 1S40.J 



Amount of sub- 
scription which 
siiall constitute 
membership. 

Relief may be 
given to all des- 
titute females. 

Repealing 
clause. 



Chap. 73. 



Chap. 28, sec. 
11, R. Stat, 
amended. 



To lake eflect, 
Sept. 1,1840. 



An Act relating to the inspection of Mess Qeef. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The eleventh section of the twenty-eighth chapter 
of the Revised Statutes, shall be so amended as that mess beef 
shall consist of the choice pieces of oxen or steers, well fatted, 
and weighing not less than five hundred pounds. 

Sect. 2. This act shall take effect after the first day of Sep- 
tember next. [Approved by the Governor, March 21, 1840.] 



1840. Chap. 74—76. 217 

An Act concerning- Grand Jurors in the county of Duke's County. C^hfirt HA 

BE it enacted by the Senate and House of Representatives, -^ * 

in General Court assembled, and by the authority of the same, 
as follows : 

Tlie clerk of the court of common pleas for the county of Not less than 16 
Duke's County, shall issue, at the times required by law, writs griurorstobe 
of venire facias, for not less than fifteen nor more than twenty- returned, &c. 
three grand jurors to be returned to that court. And the grand 
jurors so summoned and attending, and not less than twelve in 
number shall perform tlie duties of the grand jury for said coun- 
ty, [^^pproved by the Governor, March 21, 1840.] 

An Act concerning the apprehension of Criminals. C^hnT) 75 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The selectmen of any town or the mayor and al- Selectmen, &c. 
dermen of any city, are authorized, whenever, in their opinion, may offer re- 
ihe public good may require it, to offer a suitable reward to be more than poo 
paid by such town or city, not exceeding two hundred dollars in '" certain cases 
any one case, to any person who shall, in consequence of such 
offer, secure any person charged with any capital crime, or other 
high crime or misdemeanor, committed in such town or city, and 
such reward shall be paid by the treasurer of such town or city 
upon the warrant of the selectmen, or mayor and aldermen. 

Sect. 2. When more than one claimant shall appearand Payment of 
apply for the payment of such reward, the selectmen, or mayor "^^^^"^ ' 
and aldermen shall determine to whom the same shall be paid, 
and if to more than one person, in what proportion to each ; and 
their determination shall be final and conclusive in law upon all 
persons whatsoever. [Approved by the Governor, March 2 1 , 
1840.] 

An Act concerning Public Schools. ChdV, 76, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Any town now required by law to maintain such a school as Towns released 
is described by the fifth section of the twenty-third chapter of the ^r°'^ceTiain oh- 
Revised Statutes, shall be released from their obligation by rais- concerning 
ing and expending annually for the support of town or district schools, on con- 
schools, twenty-five per cent, more than the greatest sum ever ' 
raised by assessment by said town, for this object, before the 
passage of this act ; any thing in said section to the contrary not- 
withstanding. [Approved by the Governor, March 21, 1840.] 



28 



218 



1840.- 



-Chap. 77—78. 



ChdVt 77. ■^'^ ^^^ '" '''''^'''"" '° " f*" ■'^<^' relating to the meetings of the County Commissioners 
•*^* * 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, 
as folloivs : 

In addition to the meetings of the county commissioners for 
the county of Berkshire, as now established by law, there shall 
be holden a meeting of said commissioners, at Lenox, on the 
first Tuesdays of January and July in each year. \_Approved by 
the Governor, March 21, 1S40.] 



Two additional 
meetings of 
commissioners. 



Chap. 78. 



List to be taken 
b}' assessors of 
the various 
kinds of prop- 
erty specified 
in this section, 
and to be trans- 
mitted to Sec- 
retary belore 
October. 



Valuation list. 



An Act to ascertain ihe Kaleable Estate within this Commonwealth. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The assessors for each town, district, and other 
place within this Commonwealth, for the year one thousand 
eight hundred and forty, shall, on or before the first day of Oc- 
tober next, take and lodge in the Secretary's office a true and per- 
fect list, conformably to the list hereto annexed, of all male polls, 
of sixteen years old and upwards, whether at home or abroad, 
distinguishing such as are exempted from taxation, and of all ratea- 
ble estate, both real and personal, lying within their city, towns, 
districts, and other places not exempted by law from paying 
State taxes, expressing by wliom occupied or possessed, particu- 
larly mentioning dwelling-houses and shops under the same roof, 
or adjoining thereto, shops separate from them, distill-houses, tan- 
houses, ware-houses, and stores, wharves, grist-mills, fulling mills, 
saw-mills, iron works and furnaces, and all other buildings and edi- 
fices of the value of twenty dollars and upwards, and the num- 
ber of tons of vessels and small craft of every kind, upwards of 
five tons burthen, compuiing 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 merchandise at home or 
abroad, paid for, or not paid for ; also, those in their hands 
by factorage, also government secin-ities of all kinds, particularly 
distinguishing securities of the United States, and all other 
moneys at interest, more than any creditor pays interest for ; also 
the whole amount of moneys on hand, including such as may be 
deposited in any bank or other incorporated company, or with 
any agent, the atnount of stock held by the stockholders in an}'' 
bank or insurance company, and shares or property in any incor- 
porated company for a bridge, canal, turnpike, or rail-road, and 
shares or property in any other incorporated company possessing 
taxable properly ; the number of ounces of plate of all kinds 
exceeding twenty dollars in value ; the number of horses, neat 
cattle, sheep and swine, of the respective ages in the said list 
mentioned : provided, hoicever, that all the machinery employed 
in any branch of manufactures, and belonging to any corporation, 
copartnership, person or persons, of this or any other State, 
shall be taken and returned in the respective cities, towns, dis- 



1840. Chap. 78. 219 

tricts, or other places wherein such machinery may be situated 
or employed ; and provided further, that in taking and returning 
the shares in any manufacturing corporation, there shall first be 
deducted therefrom the value of the machinery and real estate 
belonging to such corporation. And the said assessors, in tak- 
ing the said valuation, shall distinguish the different improvements 
ol land, and return the list in the following manner, viz. : the Valuation list, 
number of acres of pasture land with the number of cows, with 
the after feed of the whole farm, the same land will keep ; 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 produced therefrom ; the number of 
acres of English upland, 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 belong- 
ing 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 holden 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 all the estates belonging to Harvard, Williams, and 
Amherst colleges, and to incorporated theological institutions and 
academies ; and also the estate belonging to the Massachusetts 
General Hospital, and improved for the purposes of that institu- 
tion : provided always^ 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 Commonwealth. And the said assessors shall cause all the 
columns of the several articles contained in the several lists, to 
be carefully cast up and footed, and the lists of the jiolls and 
rateable estates, to be taken as aforesaid, shall be taken as of the 
first day of May next. 

Sect. 2. It shall be the duty of the assessors of the oldest Valuation of 
Incorporated town adjacent to any unincorporated territory,, polls and estates 

•.I ■ .1 ... \ t ■ r I 11 1 111 uiiincorpo- 

withm the same county, to make a valuation of the polls and rated lerriioriei. 
estates of such unincorporated territory, agreeably to the provi- 
sions of this act, and keep an accurate account of the expense in- 
curred in making the same, with a view to its futiwe assessment 
upon the polls and estates of such unincorporated territory. 

Sect. 3. The said assessors, before they enter on this porm of oath 
work, shall take the following oath or affirmation, viz.: You, to be taken by 
A. B., being chosen an assessor for the year one thousand eight ^"^^*°"- 
hundred and forty, do swear, (or affirm,) that you will faithfully 
and iinpariially, according to your best skill and judgment, do and 
perform the whole duty of nn assessor, as directed and enjoined 
by an act of this Commonwealth, made in the present year, en- 
titled " an act to ascertain the rateable estate within this Com- 



220 1840. Chap. 78. 

raonwealih," without favor or prejudice. So help you God. 
Wliich oath or affirmation may be administered by such officers 
as are now authorized by law to administer the usual oaths to- 
Their compen- town officers. And each and every assessor shall be allowed 
saiion. ^y (j^q chy^ town, district, or other place to which he belongs, 

the sum of one dollar and twenty-five cents, for every day 
which he shall be necessarily employed in doing the duties en- 
joined by this act. 
Penally upon Sect. 4. If any assessor of any city, town, district, or 

nedec° of duty. Other place, within this Commonwealth, 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 re- 
quired by this act, or shall act in any way fraudulently or deceit- 
fully therein, he shall, for each of those ofibnces, forfeit and pay 
a fine of not less than one hundred dollars, nor more than two 
thousand dollars, at the discretion of the court before whom 
Penally upon trial shall be had. And every person liable to be taxed, and not 
persons for re- q^^j ^^ ^^- Commonwealth, on and from the first day of May 

fusing lo give i r- i r * i i n r -i 

account of prop- next to the first day oi August next, who shall refuse, or wil- 
ertywhenre- fully neglect to give the assessors in wriiing, and on oath or 
affirmation, if required, (which oath or affirmation the said 
assessors are hereby respectively empowered to administer,) a 
true account of all his or her rateable estate, according 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 

— on oath, shall be of the following form, viz. : You, C. D., do swear, (or 

affirm,) that all your rateable estate, conformable to this list, here 
shown by you, doth not exceed this account, by you now ex- 
hibited, according to your best knowledge and judgment. So 
help you God : provided, nevertheless, that every person con- 

— oraffirma- scientiously scrupulous of taking an oath, in the form required 

by law, who shall be required to take either of the oaths afore- 
said, shall be excused therefrom, upon solemnly and sincerely 
affirming the truth of the declarations therein contained, under 
the pains and penalties of perjury. 

Secretary to Sect. 5. The Secretary of the Commonwealth shall cause 

transmit blanks, , • i i i i i i • t i • i i 

&c.,io asses- to be prmted blank tables, conveniently arranged with columns 

*""• headed with appropriate denominations for the returns of the 

particulars indicated in this act, and such other useful information 
in relation to manufactures, commerce, the fisheries, agriculture, 
and the productions of the earth and of husbandry, as may be 
directed by the governor and council, and shall furnish a sufficient 
number of copies thereof, together with a copy of this act, to 
the assessors of each town. 
Assessors to Sect. 6. The assessors, in each town, district, or other 

re^ary a copy *^' place in this Commonwealth, for the year one thousand eight 
of the valuation hundred and forty, shall, on or before the said first day of October 
basis onax' of "lext, transmit to the Secretary's office a true and attested copy 
1839. of the valuation by which the assessors of the said towns, dis- 

tricts, and other places, made the town and county taxes in their 



1840. Chap. 78. 221 

respective towns, districts, or other places, for the year one 
thousand eieht hundred and thirty-nine. And all fines and for- Recovery of 
feitures, arising by this act may be recovered in the supreme ' 
judicial court of this Commonwealth, by action of debt, one 
moiety to him or them wiio 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 general, in which case, the 
forfeiture shall wholly accrue to the Commonwealth. And the 
Secretary is hereby required to furnish the attorney general with Secretary to 
a list of the towns, districts, and other places, the assessors of l"/nerai^oTde-^ 
which shall neglect to lodge in his office, a list of the polls and linqueni towns, 
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. 

Sect. 7. The following shall be the form of the list for the Form of vaiua- 
valuation of the year one thousand eight hundred and forty : — ''"" '*'' 
A list of the polls and estates, real and personal, of the several 

proprietors and inhabitants of , in the county of , 

taken pursuant to an act of the Legislature of this Common- 
wealth, passed in the year one thousand eight hundred and forty, 
entitled " an act to ascertain the rateable estate within this Com- 
monwealth," by the subscribers, assessors of the said , 

duly elected and sworn. Number of polls rateable, sixteen years 
old and upwards. Number of male polls not taxed nor supported 
by the town. Number of male polls supported by the town. 
Number of dwelling-houses. Number of shops within or adjoin- 
ing to dwelling-houses. Number of other shops. Number of 
distill-houses. Number of breweries. Number of tan-houses. 
Number of warehouses and stores. Number of rope-walks. 
Number of grist-mills. Number of carding-machines, with their 
buildings. Number of fulling-mills. Number of saw-mills. 
Number of small-arm manufactories, with their buildings. Num- 
ber of slitting-mills and nail-machines. Number of cotton facto- 
ries. Number of spindles in the same. Number of looms in 
the same. Number of woollen factories. Number of spindles Same subject. 
in the same. Number of looms in the same. Number of linen 
factories. Number of spindles in the same. Number of looms 
in the same. Number of establishments for printing silks and 
calico. Number of bleacheries. Number of paper-mills. Num- 
ber of other mills. Number of iron works and furnaces. Num- 
ber of glass factories. Number of card factories. Number of 
barns. Number of superficial feet of salt works. 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. The amount of every person's whole stock 
in trade, including all goods, wares and merchandise, at home or 
abroad, paid for or not paid for, and also those in their hands by 
factorage. The amount of securities of the United States, of 
this Stale, or any other government, and at what rate of interest. 
The amount of moneys at interest, more than any creditor pays 



222 1840. Chap. 78—79. 

interest for. The amount of money on hand, including such as 
may be deposited in any bank or other incorporated company, 
or with any agent. The amount of stock held by the stockhold- 
ers in any bank or insurance company. Number of shares in 
any bridge, canal, turnpike or rail-road, and the value of such 
shares, with the annual income thereof. The number and value 
of shares, or the amount of property in any other incorporated 
company possessing taxable property. Number of ounces of 
plate of all kinds, exceeding twenty dollars in value. Number 
of acres of tillage land, including orchards tilled. Number of 
bushels of wheat. Number of bushels of rye. Number of bush- 
Same subject, els of oats. Number of bushels of Indian corn. Number of 
bushels of barley raised on the said tillage land by the year. 
Number of pounds of hops. Number of tons of hemp. Num- 
ber of tons of flax. Number of tons of broom corn. Number 
of acres of Ens^lish and upland mowing, including 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 orcharding pastured. 
Number of cows the same will keep, with the after-feed of the 
whole farm. Number of cow rights. Number of acres of wood- 
land, 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, or other proprie- 
tary. Number of acres of land used for roads. Number of 
acres of land covered with water. Number of horses one year 
old and upwards. Number of mules and asses one year old and 
upwards. Number of oxen four years old and upwards. Num- 
ber of cows three years old and upwards. Number of steers and 
heifers of one year old and upwards. Number of sheep six 
months old and upwards. Number of swine six months old and 
upwards. The value and description of all other rateable estate, 
not before enumerated. The amount of real estates doomed. 
The amount of personal estates doomed. [Approved by the 
Governor, March 23, 1840.] 

ChctV* 79. -'^" ^^"^ '" ''''•J'l'oii lo " 31 Act to establish the Boston Lunatic Hospital." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Insane persons Sect. 1. Whenever it shall be made to appear, on applica- 
Ihe^Hospha'l iTy ^'°"' '" Writing, to the police court of the city of Boston, that 
order of police any person is insane, not being furiously mad, and is either 
the hUi ofap- chargeable or likely to become chargeable to the city or the 
peal to muni- State ; or, being furiously mad, has his legal settlement in and is 
cipal court, «kc. chargeable to said city, the said police court are hereby author- 
ized to order the confinement of such person in the said Boston 
Lunatic Hospital, saving to the person complained against the 
right to appeal from such order to the municipal court of the 



1840. Chap. 79. 223 

city of Boston, as is now allowed from other judgments of said 
police court, by law. And, upon his appeal, the question of 
his sanity shall, upon his request therefor, be tried by a jury in 
said court. If, on such appeal, it shall be made to appear that 
such person is insane as aforesaid, and is, or is likely to be, 
chargeable as aforesaid, the said municipal court shall affirm the 
judgment of the said police court, with additional costs, and 
issue a warrant for his commitment according to law ; otherwise 
such person shall be discharged. 

Sect. 2. Any person who shall apply for the commitment Persons appiy- 
of any lunatic, under the provisions of the preceding; section, '"» for commit- 

I ,, ^ . . . ' . . , ' r 1 • <' ment of lunatics 

shaJl nrst give notice m writing to the mayor ot the city oi to give notice 
Boston, of his intention to make such application ; and satisfac- toraayor- 
tory evidence that such notice has been given shall be produced 
to the said police court, at the time of making such application. 
And the said j)olice court may order any further notice of such 
application to be given to the person complained of, or to any 
other person or persons in his behalf, as they shall deem to be 
necessary or reasonable. 

Sect. 3. Any person committed to said hospital by either Provisions con- 
of the courts as aforesaid, and any person who may be confined char^ifff per- 
in said hospital, upon his removal from the State Lunatic Hos- pons confined 
pital, as provided in the sixth section of the act, to which this '" "^^ f^<'sp"s'- 
is in addition, may at any time be discharged therefrom by the 
mayor and aldermen of the said city of Boston, whenever the 
cause of confinement shall have ceased to exist, or when, in the 
opinion of the said mayor and aldermen, such discharge would 
be for the benefit of the person so confined, or when in their 
opinion such person would be comfortably supported by any 
parent, kindred, friends, master or guardian, or by any town or 
city in which such person may have a legal settlement. And 
said mayor and aldermen, whenever in their opinion such luna- 
tic or insane person can in such manner be more comfortably 
provided for, and the safety of the public will not be endan- 
gered thereby, may provide for his custody and support in other 
places than in said hospital, the said lunatic or insane person still 
continuing subject to the order and direction of the said mayor 
and aldermen ; or, said mayor and aldermen may deliver him 
to the custody and care of any city or town in which he may 
have a legal settlement. The expense of so providing for such 
lunatic or insane person shall be reimbursed in the same manner 
and recovered by the same remedies as are provided in the 
sixteenth section of the forty-eighth chapter of the Revised 
Statutes : provided^ that in no case shall the sum charged for 
such provision exceed two dollars and fifty cents per week. 

Sect. 4. So much of the one hundred and thirty-first chap- Repeal of part 
ter of the statutes of the year one thousand eight hundred and °^ ^." ^^^ "'" 
thirty-nine, as relates to the commitment of persons to the said ^^' ' 
Boston Lunatic Hospital, by the judge of the municipal court 
of the city of Boston, and to their discharge therefrom by him, 
is hereby repealed ; but all orders of the said judge relating 



224 1840. Chap. 79—81. 

thereto, and rendered prior to the time this act shall take effect, 

shall remain in full force. 
When to go Sect. 5. This act shall take effect from and after its pas- 

into effect. gage. [Approved by the Governor, March 23, 1840.] 

Chap. 80. An Act conceniingf Passenger Carriers. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Penalty upon If the life of any person, being a passenger, shall be lost by 

carriers when reason of the negligence or carelessness of the proprietor or pro- 
life is lost by . r -1 J . u . 1 r 
reason of negii- prietors ol any rail-road, steam-boat, stage coach, or ol common 

gence, &c. carriers of passengers, or by the unfitness or gross negligence or 
carelessness of their servants or agents, in this Commonwealth, 
such proprietor or proprietors, and common carriers, shall be 
liable to a fine not exceeding five thousand dollars, nor less than 
five hundred dollars, to be recovered by indictment, to the use 
of the executor or administrator of the deceased person, for the 
benefit of his widow and heirs ; one moiety thereof to go to the 
widow, and the other to the children of the deceased; but if there 
shall be no children, the whole to the widow, and if no widow, 
to heirs according to the law regulating the distribution of intes- 
tate personal estate among heirs, [^^pproved by the Governor, 
March 23, 1840.] 

y->T p-i An Act to change the names of the persons therein mentioned. 

^' ' BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Names changed Augustus Newman Blake may take the name of Francis Gill- 
Sufib"k'^°'^ man Wheeler Blake ; Thomas F. Grimes may take the name of 
Thomas F. Graham ; Elizabeth G. Grimes may take the name 
of Elizabeth G. Graham ; Elisha Allen Upton may take the 
name of Eugene Allen Upton ; William F. H. Weld may take 
the name of William Howland Weld ; Elias Keyes may take 
the name of Edward L. Keyes ; Charles Suton Mead may take 
the name of Charles Suton Brigham ; Edward Colman Whee- 
lock Glover may take the name of Edward Colman Wheelock ; 
Reuben William Gerry may take the name of W^illiam Gerry ; 
Charles J. T. French may take the name of Charles Otis 
French ; David Child may take the name of David Weld 
Child ; Joseph Morse may take the name of Joseph Henry 
Morse ; John Dole may take the name of John State ; Edward 
Augustus Howard, a minor, may take the name of Abraham 
Howard ; Huldah Howes Crowell, a minor, may take the name 
of Caroline Francis Crowell ; Alexander W. Price may take the 
name of Alexander Pope ; Anne Price may take the name of 
Anne Pope ; Benjamin Price may take the name of Benjamin 
Pope ; Mary Price may take the name of Mary Pope ; Alexan- 
der Price, jr., may take the name of Alexander Pope, jr. ; Hu- 
bert Price may take the name of Hubert Pope ; Edward Courte- 



1840. Chap. 81. 225 

nay Price may take the name of Edward Courtenay Pope ; Abel 
Baibadocs Howard may take the name of Alfred Gardner How- 
ard ; — all of Boston, in the County of Suffolk. Moses George, Essex. 
4th, of Haverhill, may take the name of Moses D. George ; 
Moses Hoyt, jr., of Amesbury, may take the name of Moses B. 
Hoyt ; Nathaniel M. Grimes, of Haverhill, may take the name 
of Nathaniel M. Graham ; Charles G. Grimes, of Haverhill, may 
take the name of Charles G, Graham ; Mary F. Grimes, of Ha- 
verhill, may take the name of Mary F. Graham ; Rufus K. 
Grimes, of Salem, may take the name of Rufus K. Graham ; 
Sarah A. Grimes, of Salem, may take the name of Sarah A. 
Graham ; William Knowlton, of Salem, may take the name of 
William Cummings Knowlton ; Jonathan Ropes, a minor, of Sa- 
lem, may take the name of John Felt Ropes ; Caroline Olivia 
Deland, a minor, of Salem, may take the name of Caroline Olivia 
Quarles ; Sarah Elizabeth Holmes, of Salem, may take the name 
of Sarah Elizabeth Bruce ; Sarah Herrick Holmes, of Salem, 
may take the name of Sarah Herrick Bruce ; Dean Babcock, of 
Manchester, may take the name of Dean Nelson Kimball ; Debby 
Hooper Broughton, a minor, of Marblehead, may take the name 
of Mary Hooper Broughton ; George Prime Smith, of Ando- 
ver, may take the name of George Phillips Smith ; Achsah 
Dinsmore, of Methuen, may take the name of Achsah Hemphill ; 
Isaac Standley Crampsey, of Beverly, may take the name of 
Isaac Standley ; Israel Trask, jr., of Beverly, may take the name 
of Israel Wallis Trask ; George D. Chapman, of Beverly, may 
take the name of George Cliapman ; Samuel Herrick, of Bever- 
ly, may take the name of Samuel Dinsmore Herrick ; Joseph 
Chapman, of Ipswich, may take the name of Joseph Warren 
Chapman ; Joseph Knight Noyes, of Ipswich, a minor, may take 
the name of James William Noyes ; Isaac Crockett, of Nevvbu- 
ryport, may take the name of Daniel Wright ; Caroline Eliza- 
beth Thurston, of Newburyport, a minor, may take the name of 
Caroline Elizabeth Perkins ; Susan Louis Tarbox, of Lynn, 
may take the name of Susan Louis Peirce ; Sally Anne Tarbox, 
of Lynn, may take the name of Sarah Anne Peirce ; Samuel 
Tarbox, of Lynn, may take the name of Charles Elbridge 
Peirce ; Jonathan Kenrick, of Lynn, may take the name of 
Charles Gustavus Rodman ; Mary H. Kenrick, of Lynn, may 
take the name of Mary H. Rodman ; Rufus Newhall, 3d, of 
Lynn, may take the name of Rufus F. Newhall ; Elijah Thwing, 
jr. of Lynn, may take the name of Harrison Thwing ; Ira A. 
Poland, of Lynnfield, may take the name of Ira A. Meriam ; 
Benaiah Titcomb, of Newburyport, may take the name of Be- 
naiah B. Titcomb ; Caroline Racroft, of Salem, may take the 
name of Caroline Ann Howard ; William Brophy, of Glouces- 
ter, may take the name of William Benton ; Mary Brophy, of 
Gloucester, may take the name of Mary Benton ; Elijah Merrill, 
of Haverhill, may take the name of George Merrill ; Abner 
Libbey, of Danvers, may take the name of Fervin Abner Fen- 
wood ; — all of the county of Essex. Thomas Osborn South- Middlesex. 
29 



226 



1840.- 



-Chap. 81. 



wick, of Marlborough, may take the name of Ai Roe ; Samuel 
Robinson Oliver, of Cambridge, may take the name of Andrew 
Oliver ; John Colburn, of Charlestovvn, may take the name of 
John Cobtirn ; Nathan Harding Praro, of Westford, may take 
the name of Nathan Harding ; Paulina Grover, of West Cam- 
bridge, may take the name of Paulina Carrol ; Amasa Hayes, 
of Natick, may take the name of George Blake ; Rufus Fisk, of 
Cambridge, may take the name of Eugene Rufus Fisk ; Francis 
Blacker, of South Reading, may take the name of Francis Wil- 
liams ; Louisa Luther Rice, of Marlborough, may take the name 

Worcester. of Louisa Malvina Rice ; — all of the county of Middlesex. Levi 
Flagg Thing, of Worcester, may take the name of Levi Flagg ; 
Jonathan Lovejoy, of Harvard, may take the name of Jonathan 
Wyman Lovejoy ; Andros Peirce, of Sutton, may take the name 
of John Andrew Peirce ; Joseph Wilder, of Lancaster, may 
take the name of Joseph Masket Wilder ; Amos Waite, of 
Hubbardston, may take the name of Warren Cutler Waite ; 
Henry Goodspeed, a minor, of Hubbardston, may take the name 
of Thomas Henry Goodspeed ; Cyrus Cowl, jr., of Worcester, 
may take the name of Cyrus Cole ; Josiah Sawyer, 2d, of Ber- 
lin, may take the name of Josiah Ellsworth Sawyer ; George 
Elliot Cutting, a minor, of Boylston, may take th.e name of 
George Elliot Fawcett ; Lois C. Rice, of Northborough, may 
take the name of Louisa C. Rice ; Winthrop Bailey Sawyer, of 
Berlin, may take the name of Winthrop Bailey ; Thomas Ed- 
ward Valentine, of Northborough, may take the name of Thomas 
Weston Valentine ; Stephen Crouch, of Harvard, may take the 
name of Stephen Gardner ; Harvey Hitchcock, of Sturbridge, 
may take the name of Harrison Hudson ; Sally Eager, of North- 
borough, may take the name of Sarah J. Eager ; Eber Cutter, 
of Warren, may take the name of Ebenezer Cutler ; Franklin 
Cutter, Adaline Cutter, and Hiram Briggs Cutter, minors, of 
Warren, may severally take the surname of Cutler ; Abel Wil- 
der, 2d., of Leominster, may take the name of Abel Carter Wil- 
der ; Margaret Stoddard Taft, of Uxbridge, may take the name 
of Margaret Louisa Taft ; Nancy Pollard, of Lancaster, may 
take the name of Anna Gertrude Pollard ; — all of the county of 

Hampshire. Worcester. Benjamin Taylor, of Chesterfield, may take the 
name of Elisha Benjamin Taylor ; Fanny Smith, a minor, of 
Middlefield, may take the name of Miranda Smith ; Ansel Abell, 
of Northampton, may take the name of Ansel George Abell ; 
.Tosiah A. Orcutt, of Goshen, may take the name of Josiah Or- 

Hampden. cutt Armes ; — all of the county of Hampshire. Hezekiah Fisk, 
of Ludlow, may take the name of William H. Fisk ; — of the 

Franklin. county of Hampden. Frederick Parker, of Buckland, may take 

the name of Franklin Frederick Parker; Peter Cheney, jr., of 
Orange, may take the name of Edward P. Cheney ; Ruby 
Crosby, of Hawley, may take the name of Charlotte Ruby 
Crosby ; Cephas Gunn, of Montague, may take the name of 
Cephas Sherwood ; Diadema Mack Gunn, of Montague, n)ay 
lake the name of Diadema IMaria Sherwood ; Noadiah Gunn, of 



1840. CiiAi>. 81—82. 227 

Montague, may take the name of Charles Julius Sherwood ; 
John Bartiet, of Shutesbury, may take the name of John Henry 
Bartlet ; Edwin Eaton, of Shutesbury, may take the name of 
Edwin Mason Eaton ; Daniel Wood, jr., of Shutesbury, may 
take the name of Daniel Edwin Wood ; Reuel Spear, of Shutes- 
bury, may take the name of James Reuel Spear ; — all of the 
county of Franklin. Harriet Pierce Shepard, a minor, of Norfolk. 
Dorchester, may take the name of Sarah Pope Shepard ; Henry 
Reed, of Canton, may take the name of Henry Matthews ; Jo- 
seph Foster Taft, a minor, of Dedham, may take the name of 
Josiah Foster Flagg ; — all of the county of Norfolk. Erial Allen Plymouth. 
Cobb, of Middleborough, may take the name of Allen Cobb ; 
Charles Peirce, of Middleborough, may take the name of Charles 
Frederick Pierce ; Joseph Cushman, 2d, of Kingston, may 
take the name of Joseph Tilson Cushman ; Jonathan Wilson 
Cobb, of Middleborough, may take the name of Wilson Cobb ; 
Francis Dana Bumpus, of Wareham, may take the name of 
Francis Dana ; Eliza Bumpus, of Wareham, may take the name 
of Eliza Dana ; Seth S. Loring, of Duxbury, may take the name 
of Seth L. Sprague ; — all of the county of Plymouth. Joseph Barnstable. 
Martin, of Truro, may take the name of Joseph Lee ; Charles 
Breen, of Barnstable, may take the name of Charles Green ; 
David Cook, 2d, of Provincetown, may take the name of Win- 
throp David Cook ; — all of the county of Barnstable. And the 
several persons before mentioned, from and after the passing of 
this act, shall be known and called by the names which by this act 
ihey are respectively allowed to assume as aforesaid, and said 
names shall hereafter be considered as their only proper and legal 
names, to all intents and purposes. [Approved by the Governor^ 
March 23, 1840.] 

An Act relating to the sale of Indian Meal and Cracked Corn. K^fldV* Oa» 

BE it enacted by the Senate and House of Representatives., 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. Whenever any cracked corn, or Indian meal, rye The bushel to 
meal, or any other meal, except oat meal, shall be sold by the poulfd"^'^^ 
bushel, it shall, in all cases, consist of not less than fifty pounds 
to the bushel. 

Sect. 2. If any person shall sell any cracked corn, or meal Penalty for vlo- 
of any kind, except oat meal, by the bushel, of a less weight s?ons"of'tWs°ac"t. 
than fifty pounds, he shall forfeit the sum of five dollars for every 
bushel so sold ; and at the same rate for a greater or less quan- 
tity. And the said forfeiture may be recovered to the use of 
the person who shall prosecute for the same : provided, that the 
prosecution shall be commenced within thirty days after the of- 
fence has been committed. [Approved by the Governor, March 
23, 1840.] 



228 1840. Chap. 83—86. 

Chut) 83 An Act concerning' certain Rail-road Corporations. 

BE it enacted by the Senate and House of Representatives^ 

in General Court assembled^ and by the authority of the same., 

as follows : 

Salary officers Sect. 1. No officer or agent, except the jjiesident of any 

of raii-roads rail-ioad corporation, in this Coramonvvealtli, who shall receive a 

(except presi- »^ , '. ,. , . / .. . , ,, 

dents) not to be salary, or Stated periodical compensation lor his services, snail 
directors there- i^g eligible as a director in such corporation. 

Sect. 2. This act shall apply to those rail-road corporations 
Act to apply only, to which the credit of the iSlate has been loaned, and shall 

only in cases •' ^ . . . -i n i- i -i- i r 

where State SO apply to any such corporation, until all liability on the part oi 
credit is loaned, ^jjg State for the same shall be extinguished, and no longer, 
[^Approved by the Governor^ March 2o^ 1S40.] 

r^h r> ft/f An Act relating to the Evidence of Marriage. 

^' ' BE it enacted by the Senate and House of Representatives , 
in General Court assembled^ and by the authority of the same, 
as follows : 
Concerning Whenever, on hearing of any application for divorce, the fact 

cons^ider^ed "^fuf- of marriage is required or offered to be proved, evidence of ad- 
ficient evidence mission of said fact by the party against whom the process is in- 
dfvorce'cfre's" stituted, or of general repute, or of cohabitation as married per- 
sons, or any other circumstantial or presumptive evidence, from 
which said fact may be inferred, shall be received as competent 
evidence for consideration, whether the marriage to be proved 
was contracted in this Commonwealth or elsewhere. [Approved 
by the Governor, March 23, 1840.] 

f^hnr) R^ ■^" ■'^*-T ''1 addition to an Act concerning Kail-road Corporations. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Rail-road cor- Sect. 1. When any injury is done to a building or other 
fo^damageTby property, of any person or corporation, by fire communicated by 
fire from en- a locotTiotive engine of any rail-road corporation, the said rail- 
gines. j.Q^j corporation shall be held responsible, in damages, to the 

May insure. person or corj)oralion so injured ; and any rail-road corporation 
shall have an insurable interest in the property for which it may 
be so held responsible in damages, along its route, and may pro- 
cure insurance thereon in its own behalf. 
w''r' ^''^d* Sect. 2. The ninth section of the two hundred and twenty- 
Sututes repeal- sixth chapter of the statutes passed in the year eighteen hundred 
^'^- and thirty-seven, is hereby repealed. 

When to take Sect. 3. This act shall take effect from and after its pas- 
effect, sage. [^Approved by the Governor, March 23, 1840.] 



Chap. 86. 



An Act authorizing John Harris to construct a Wharf in the town of Charleslown. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Limit to which .John Harris is hereby authorized to construct a wharf from 

wharf may ex- i • n . • ,i r i • . . • t-> • i r 

tend. "'s "'i^s in tlie rear oi his estate m liow street, in the town ot 



oncur- 
ictioii 



1840. Chap. 86—87. 229 

Charlestown, and extend the same into the harbor channel, as 

Tar as the line established by the act entitled an act concerning 

the harbor of Boston, passed on the seventeenth day of March, 

in the year one thousand eight hundred and forty ; and shall have 

and enjoy the right and privilege of laying vessels at the sides 

and end of his said wharf, and receiving wharfage and dockage 

therefor : provided, that so much of said wharf as may be con- To be built on 

structed in said channel, shall be built upon piles, and that noth- P''^** 

ing herein contained shall in any way interfere with the lights of 

any person or persons whatever. [Jlpproved by the Governor^ 

March 23, 1 840.] 

An Act conccniinj;;^ ihe Supreme Judicial Court and the Court of Common Picas. f^hfiTt fi7 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The supreme judicial court shall continue to have 8. J. c. to have 
concurrent jurisdiction with the court of common pleas in all 'is F^sent ex- 

J . . ' . elusive jurisdic- 

cases m which they now have such concurrent jurisdiction, and tion, and its 
shall continue to have original and exclusive jurisdiction in all P'^esen'.co 
cases in which they now have such original and exclusive juris- wiUiC. c. p., 
diction, and shall hereafter have orisiinal and exclusive jurisdic- a''f' ori§^'"!^' ^"*^ 

, *^ oxclusivG luris- 

tion of all writs of entry, except for the foreclosure of mortgages, diction in cer- 
and of all other real actions, and all actions respecting easements 'f»'no'her cases. 
on real estate, but not including complaints for flowing land, nor 
actions of trespass for breaking the plaintiff's close, and in all 
other civil suits in which the damages demanded or the property 
claimed shall exceed, in amount or value, the sum of six liundred 
dollars if the action be brought in the county of Suffolk, or three 
hundred dollars if the action be brought in any other county, and 
in which the plaintiff, or some one in his behalf, shall, before 
service of the writ, make oath or affirmation, before some justice 
of the peace, that the matter sought to be recovered actually 
exceeds, in amount or value, the said simis respectively ; a cer- 
tificate of which oath or affirmation shall be endorsed on or an- 
nexed to the writ. 

Sect. 2. The court of common pleas shidl have original and Jurisdiction of 
exclusive jurisdiction of all other civil suits not cognizable by ^' ^' ^^' 
justices of the peace, and also of all complaints for flowing land. 

Sect. 3. In all actions which shall be pending in the court Removal of ac- 
of common pleas, in which the damages demanded or the prop- '.'""^ '^" j ^ '-'• 
erty claimed shall exceed in amount or value the sum of six htin- 
dred dollars if in the county of Suffolk, or three hundred dollars 
if in any other county, the defendant, if he or any person in his 
behalf shall, at the first term of the court, unless the defendant be 
out of the Conmionweahh, and then at the term when such de- 
fendant is holden by law to make his appearance, make oath or 
affirmation, before the clerk or any justice of the peace, that he 
verily believes he has a substantial defence, and intends to bring 
the cause to trial, may apply to have such action removed to the 
supreme judicial court, and upon such application the court of 



230 



1840.- 



-Chap. 87—89. 



No appeal from 
any judgment 
of C. C. P. on 
a verdict. Bills 
of exceptions. 
Writs of error. 

Appeals from 
C. C. P. in cer- 
tain cases, &c. 



Four Justices 
of S. J.C. 

Repeal of laws 
inconsistent 
with this act. 
When to take 
effect, &c. 



Chap. 88. 



Repeal of an 
act of April 3, 
1839. 



Chap. 89. 



Authority to 
contract for 
maintaining a 
steam ferry- 
boat across 
Providence 



common pleas shall proceed no further in the cause ; but the 
same shall be removed to, and be heard and determined by the 
supreme judicial court ; and the party so applying shall enter the 
said action therein at the next term thereof for the same county ; 
and if he shall not enter the same on the first day of the term, 
the other party may enter the same, and the clerk shall remove 
the original papers from the court of common pleas, and file the 
same in the supreme judicial court. 

Sect. 4. There shall be no appeal from any judgment of 
the court of common pleas upon the verdict of a jury ; but all 
questions of law, except such as may arise upon pleas in abate- 
ment, may be carried up to the supreme judicial court by bill of 
exceptions or writ of error. 

Sect. 5. Any party aggrieved by any judgment of the court 
of common pleas, founded upon matter of law apparent on the 
record, except judgment upon pleas in abatement, may appeal 
therefrom to the supreme judicial court, at the next term thereof 
for the same county ; and no issue of law hereafter joined in the 
court of common pleas shall be waived by consent of parties, 
after such appeal shall have been entered in the supreme judicial 
court ; but the supreme judicial court may, for good cause, allow 
the parties to withdraw or amend the pleadings : provided^ that 
if the same shall end in an issue of fact, the case shall be re- 
manded to the court of common pleas to be tried there. 

Sect. 6. The number of the justices of the supreme judicial 
court shall be four only. 

Sect. 7. All acts or parts of acts inconsistent with the pro- 
visions of this act are hereby repealed. / 

Sect. 8. This act shall take effect from and after the first 
day of June next ; but shall not be construed to apply to any 
action then pending. [Approved by the Governor, March 23, 
1840.] 

An Act relating to Rainsford Island. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as folloics : 

The act relating to Rainsford Island, passed on the third day 
of April, in the year one thousand eight hundred and thirty-nine, 
is hereby repealed. [Approved by the Governor, March 23, 
1840.] 

An Act relating to the Boston and Providence Rail-road Compan}'. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Boston and Providence Rail-road Corporation is author- 
ized to make a contract with the New York, Providence and 
Boston Rail-road Con)pany, incorporated by the State of Rhode 
Island, for maintaining a steam ferry-boat to ply across Provi- 
dence river, between the said two rail-roads, for the transporta- 
tion of passengers and goods, at all reasonable times, from one 



1840. Chap. 89—91. 231 

rail-road lo the other ; the said contract to be upon such terms as 
shall be thought equitable between the parties : provided^ that 
the sum in said contract to be paid by the said Providence rail- 
road for such transportation, shall not exceed the sum of six 
thousand dollars per annum, and that ilie duration of such con- 
tract shall not exceed the term of three years. [Approved by 
the Governor, March 23, 1840.] 

An Act requiring certain Returns from County Commissioners. i^ilup, iJ\J, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. It shall be the duty of the county commissioners Commissioners 
of the several counties to make returns to the Secretary of the to make returns 
Commonwealth, in the month of January annually, of the higli- higiiwayslaid 
ways laid out by the commissioners during the preceding year ; out, &c- 
of their length, and in what town situated ; of the estimated cost 
of said highways, and of the actual cost of such of them as 
may have been completed ; of the instances which have occurred, 
if any, wherein towns have neglected to construct such high- 
ways ; of the amount contributed from the funds of the county, 
in payment of damages in each case, and the amount so paid 
towards the cost of construction. 

Sect. 2. It shall be the duty of the said commissioners, at Returns to be 
the same time, to make returns, embracing the foregoing par- h,t'aite°ation' 
ticulars, in respect to the alteration of highways. [Approved by of roads. 
the Governor, March 23, 1840.] 

An Act to incorporate the Proprietors of the Uudicy Cemetery. CyfldV' 9 1 . 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

Sect. 1. Aaron Tufts, Phineas Bemis, Lemuel Healy, ^'ersons incor- 
Nathan Johnson, Abiel Healy, S. W. Hammond, Mark El- J'"'"'' *^ 
well, Reuben Davis, D. B. Kingsbury, Allen Brown, Samuel 
Robinson, William Hancock, Samuel P. Knight, Hammond 
Healy, Henry Davis, and Hezekiah H. Davis, together with 
such other persons as shall become proprietors of lots in the 
cemetery hereinafter mentioned, their successors and assigns, 
are hereby made a corporation by the name of the Proprietors 
of the Dudley Cemetery Association, and said corporation shall 
have all the powers and privileges, and be subject to all the 
duties, restrictions, and liabilities set forth in the forty-fourth 
chapter of the Revised Statutes, except as is otherwise provided 
in this act. 

Sect. 2. The said corporation may take and hold, by pur- Amount of 
chase or otherwise, in fee simple, for the purposes hereinafter <?staie which 
provided, real estate, not exceeding three thousand dollars, and 
may also take and hold personal property not exceeding in 
amount two thousand dollars, to be applied to objects connected 
with, and appropriate to the purpose of said corporation. 



232 1840. Chap. 91. 

Sect. 3. The said corporation shall take and hold the afore- 
said real estate for a rural cemetery or burial-ground, and for the 
erection of tombs, cenotaphs or other monuments for, or in 
memory of the dead ; and for this purpose shall have power to 
Power to lay out lay out the same, in suitable lots or subdivisions, for family or 
grounds, &c. other burying-places, to plant and embellish the same with trees, 
shrubbery and other rural ornaments, to enclose and divide the 
same, with suitable walls or fences, and to construct and annex 
thereto such suitable buildings, appendages and other con- 
veniences, as said corporation shall from time to time deem ex- 
pedient. 
Corporation Sect. 4. The Said corporation shall have authority to grant and 

r^Yisof^^^ convey to any person or persons the sole and exclusive right of 
burial, burial, and of erecting tombs and cenotaphs, and of ornamenting 

any designated lot or subdivision, upon such terms and condi- 
heW "s'' *'^f' ^^ tions and subject to such regulations as said corporation shall 
estate, and not prescribe, which right so granted and conveyed shall be held for 
taclim Vt° ^'" ^''® purposes aforesaid and for none other, as real estate by the 
proprietor or proprietors thereof, and shall not be subject to 
attachment or execution, or to be applied to the payment of 
debts by assignment under any insolvent law. 
Land exempted Sect. 5. The real estate aforesaid shall be, and is hereby 
from taxation, declared exempted from all public taxes, so long as the same 

shall remain dedicated to the purposes of the cemetery. 
Penalty for Sect. 6. x\ny person wlio shall wilfully destroy, mutilate, 

defacing tombs, deface, injure or remove any tomb, monument, grave-stone, or 
other structure placed in the cemetery aforesaid, or any fence, 
railing or other work erected for the protection or ornament of 
any tomb, monument, grave-stone, or other structure aforesaid, 
or of any cemetery lot, or shall wilfully destroy, remove, cut, 
break, or injure any tree, shrub, or plant within the limits of 
said cemetery, or shall shoot or discharge any gun, or other fire- 
arms, within the said limits, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof before any justice of the 
peace, or other court of competent jurisdiction, shall be pun- 
ished by a fine not less than five dollars, nor more than one 
hundred dollars, according to the nature and aggravation of the 
oflence ; and such offender shall also be liable to an action of 
trespass, to be brought in any court of competent jurisdiction, 
in the name of said corporation, to pay all damages which shall 
have been occasioned by his or her unlawful act or acts, which 
money, when recovered, shall be applied by the trustees of said 
corporation, to the reparation and restoration of the property 
destroyed or injured as aforesaid ; and members of said corpora- 
tion shall be competent witnesses in such suit. 
Descent of lots, Sect. 7. The lots in said cemetery, which may be granted 
and conveyed as before provided, shall be indivisible, and upon 
the decease of the proprietor of a lot, the heirs at law or devi- 
sees of such lot, as the case may be, shall be entitled to all the 
—regulations privileges of membership: provided, hoivever, if there be more 

concerning. , ^ , . , ',^. ^ iii,i i 

than one lieir at law, or devisee ol such lot, and tiiey do not 



1840 Chap. 91—92. 233 

agree in writing, and file such agreement with the clerk of said 
corporation, within six months from the decease of the owner, 
the board of trustees of said corporation, shall designate and 
enter of record, which of said lieirs at law or devisees shall 
represent said lot, and vote in the meetings of said corporation, 
whici) designation shall continue in force until said heirs or devi- 
sees shall make and file such agreement in manner aforesaid, or 
until by reason of death, removal, or other sufficient cause, 
another designation shall become necessary ; and in making any 
such designation, the trustees shall, as far as conveniently may be 
done, give preference to males over females, to proximity of 
blood, and to priority of age, having due regard, however, to 
proximity of residence. 

Sect. 8. The said corporation may take and hold any Couceming 
grant, donation, or bequest of property in trust, to apply the g^r^'^^^!^ *" 
same, or the income thereof, for the improvement or embellish- 
ment of the said cemetery, or of any buildings, structures or 
fences, erected or to be erected therein, or for the repair, 
preservation, or renewal of any tomb, monument, grave-stone, 
fence or railing, or other erection, in or around any cemetery 
lot, according to the terms of such grant, donation or bequest ; 
and the supreme judicial court, or any other court having equity 
jurisdiction, shall have power to compel the execution of such 
trust. 

Sect. 9. This act shall take effect from and after its pas- when to take 
sage. [Jlpproved by the, Governor, March 23, 1840.] ®^'^*^'- 

An Act in addition to the several Acts concerning the Militia. f^hnn Q2 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfollovjs : 

Sect. 1. Every able-bodied white male citizen, resident All between the 
within this Commonwealth, who is or shall be of the age of 4f°wiih certain 
eiditeen years, and under the aze of forty-five years, exceptins: exceptions, 

r . I • . 1 . • 11.1 shall be enroll- 

persons enhsted mto volunteer companies, persons absolutely ex- gj. 

empted by law, idiots, lunatics, common drunkards, vagabonds, 
paupers, and persons convicted of any infamous crime in this or 
any other State, shall be enrolled in the militia. 

Sect. 2. It shall be the duty of the assessors to prepare a Assessors shall 
list annually of all persons liable to be enrolled, living within a"""a"y pr«- 
their respective limits, and every keeper of any tavern or board- aiTLbie to be 
ing-house, and every master and mistress of any dwelling-house, enrolled, 
shall upon application of the assessors within whose bounds such 
house is situated, or of any f)erson3 acting under them, give in- 
formation of the names of all persons residing in such house, and 
liable to enrolment or to do military duty ; and every such per- 
son so liable, shall, upon the like application, give his name and 
age ; and if any such keeper, master, mistress, or person afore- 
said, shall refuse to give such information, or shall give informa- Penalt>r for not 
tion which is false, he or she shall be punished by fine as is ^II'"!^^'"""*' 
30 



284 



1840.- 



-Chap. 92. 



List to be given 
to town clerk, 
and recorded. 



Returns to be 
made to adju- 
tant general in 
May or June. 

Mililia, thus 
enrolled, not 
liable to active 
duty, except in 
certain emer- 
gencies, — 

—how trained, 
when ordered 
out, — 



—how organ- 
ized, when or- 
dered out. 

Provision for 
appointing ma- 
jor generals in 
the recess of 
the legislature. 



Arms, &c. to be 
furnished, in 
case of being 
called upon for 
actual service. 



Militia, how 
drafted upon 
order of the 
commander in 
chief. 



provided in such cases respectively by the one hundred and 
third section of the twelfth chapter of the Revised Statutes. 

Sect. 3. The assessors shall annually make out a roll or 
list of all the names of persons liable to be enrolled, and place it 
in the hands of the clerk of every city or town in the Common- 
wealth ; and it shall be the duty of every such clerk to record 
such roll, or list of names in the book of record of every such 
city or town within the Commonwealth. 

Sect. 4. Annual returns of the militia, thus enrolled, shall 
be transmitted to the adjutant general, in the month of May or 
June, by the clerks aforesaid. 

Sect. 5. The militia, thus enrolled, shall be subject to no 
active duty whatever, except in case of war, invasion, or to pre- 
vent invasion ; in such case the Governor and Commander in 
Chief is hereby authorized and required to order out, from time 
to time, for actual service, by draft or otherwise, as many of the 
militia as the necessity of tlie case may demand. The militia, 
whenever ordered for preparation for actual service, or in actual 
service, shall be governed and trained according to the laws of 
the United States and of the Commonwealth. 

Sect. 6. Whenever the militia are thus ordered out for ac- 
tual service, they shall forthwith be organized into companies, 
battalions, regiments, brigades and divisions, and officered as 
now provided by law : provided, however, that if the exigency 
of the case should require one or more major generals during 
the recess of the legislature, the commander in chief may ap- 
point the same. In such case, upon the meeting of the succeed- 
ing legislature, the commander in chief shall give notice thereof 
to both houses of the legislature, which appointment or ap- 
pointments shall be subject to confirmation or rejection, as is 
now provided by law. 

Sect. 7. Whenever the niilitia shall have volunteered, or 
been drafted and mustered for actual service as specified in sec- 
tion fifth of this act, the Commonwealth shall furnish arms and 
equipments for the use of each non-commissioned officer and 
private, and pay them until their time of service shall have ex- 
pired. 

Sect. 8. To carry into full effect the provisions of the 
fifth, sixth and seventh sections of this act, the order of the com- 
mander in chief may he made and directed to the mayor and 
aldermen of any city, or the selectmen of any town within this 
Conmionwealth. And whenever such order is made and direct- 
ed as aforesaid, it shall be the duty of the mayor and aldermen, 
or the selectmen, aforesaid, to appoint a time and place of parade 
for the militia, in each city or town, and to order them to appear 
at the time and place, either by leaving a written notice, or 
orally, and then and there proceed to draft as many thereof, or 
to accept as many volunteers, as is required by tlie order of the 
commander in chief; and the mayor and aldermen, or the select- 



1840. Chap. 92. 235 

men, shall notify the commander in chief forthwith that they have 
performed tlie aforesaid duty. 

Sect. 9. Every militia soldier ordered out, volunteered, penalty upon 
detached, or drafted, who shall not appear at the time and place soldiers for not 

* 1 J •» 1 I I 111 1 answerinsf sum- 

to be designated by the mayor and aldermen, or selectmen, as mons, when 

aforesaid, or who shall not have some ahle-bodied and proper tlrafted. 
substitute, at such time and place, or shall not pay to the mayor 
and aldermen of such city, or to the selectmen of such town, for 
the use of the Commonwealth, the sum of seventy-five dollars, 
within twenty-four hours from such time, shall be taken to be a 
soldier absent without leave, and dealt with accordingly. 

Sect. 10. All civil officers named in this act, who shall Penalty upon 
neglect or refuse, at any time, to obey the provisions thereof, noi'ob^j^in" '^"^ 
shall forfeit and pay not mere than five hundred nor less than provisions of 
twenty dollars, for each and every offence, to be recovered in ^'"^^'^'• 
any court of competent jurisdiction, for the use of the Common- 
wealth. 

VOLUNTEER MILITIA. 

Sect. 11. The active militia of this Commonwealth shall Actiyemiiitiato 
consist and be composed of volunteers, or companies raised at umeers"*^^"'' 
large ; and in all cases shall first be ordered into service, in case 
of war, or invasion, or to prevent invasion — to suppress riots, or 
to aid civil officers in the execution of the laws of the Common- 
wealth. 

Sect. 12. The commander in chief may grant petitions, or Volunteers to 
authorize the mayor and aldermen of any city, or the selectmen the number of 

r ^ • I /-< 11 •'•''.. f. . . ten thousand 

ot any town in the Commonwealth, to grant petitions ior raising maybe raised 
companies at large, to the number of ten thousand men, includ- in companies at 
ing the number already raised. " 

Sect. 13. The whole number of volunteers shall not exceed Volunteers in 
ten thousand men, and shall be divided, or apportioned, in each ^'fierent coun- 
county, throughout the Commonwealth, according to population ; proportion to 
in such manner, however, as to retain all the volunteer compa- population, 
nies, with their officers, now raised and organized. 

Sect. 14. From and after the passage of this act, each and Bounty of g:3 
everv officer, non-commissioned officer and soldier of the volun- to be paid by 

'.,..',,, • 1 1 • /- 1 11 the town to 

teer miliiia, shall be entitled to receive five dollars per annum : each volunteer. 
provided^ he shall perform all the duties required by this act, 
hereinafter provided. And the sums to which each officer and 
soldier may be entitled, shall be paid by the treasurers of the 
respective cities and towns in which such officers and soldiers 
may reside ; and the sums so paid by the treasurers of the seve- ,^ 

,■' . . , ' 11 I • I r 1 r I I owns to be 

ral cities and towns, shall be paid out or the treasury oi the refunded from 

Commonwealth. State treasury. 

Sect. 15. It shall be the duty of the commanding officers „ 

/. 1, 1 . I r 1 r 1 r TVT Commanders of 

ol all volunteer companies, on or belore the first day ot iNovem- volunteer com- 
ber, in each year, to make out and certify to the treasurer of each panics to certify 

■' . , . 1 i. . r I • I II • to town treasur- 

town or city, withm the limits ot which any persons belonging to er lists of their 
their companies may reside, a list of all persons in their respec- members enti- 

• -J- • I . •. 1 .1 u a tied to bounty. 

tive companies, residing in such town or city, who, through the 



236 1840. Chap. 92. 

preceding year, have performed all the duties required by this 
act ; and the individuals whose names are so certified shall be 
entitled to receive the sums directed to be paid by the preced- 
ing section. 
Concerning or- Sect. 16. The several volunteer companies of cavalry, ar- 
ganizin? com- tillery, light infantry, riflemen and grenadiers, in each county, 
menuorbauai- shall be numbered, and a record made of such numbers in the 
'ons- adjutant general's office ; and where they exist in sufficient num- 

bers, and are conveniently located for the purpose, shall be or- 
ganized, by the commander in chief, into regiments or separate 
battalions. And whenever any company of cavalry, artillery, 
light infantry, riflemen or grenadiers, shall not be so located, 
such company shall remain in command of its captain or com- 
manding officer, subject to the orders of the commander in 
chief, through the commanding officer of the nearest located 
regiment ; to which commanding officer such captain or subal- 
tern shall make his annual return. 
Volunteers to Sect. 17. Every non-commissioned officer and soldier of 

years/ ^^ ^^ any company raised at large shall be holden to do duty therein, 
for the term of five years from his enlistment, unless disability 
after enlistment should absolutely incapacitate him to perform 
such duty, or he should be regularly discharged by the proper 
officer. 
Number of offi- Sect. 18. To each company of light infantry, grenadiers or 
cers, &c. tobe riflemen, there shall be one captain, one first, one second, one 

attached to the ,i • j r ^ . /: , r i cc 

volunteer com- thu'd lieutenant, five sergeants, lour corporals, one or more filers 
panics. or buglers, and one or more drummers. To each company of 

artillery there shall be one captain, one first and two second 
lieutenants, five sergeants, four corporals, one or more fifers, one 
or more drummers, and three drivers. To each company of 
cavalry there shall be one captain, two lieutenants, one cornet, 
five sergeants, four corporals, one saddler, one farrier, and one 
or more trumpeters. To every two or more companies of cav- 
alry, artillery, light infantry or riflemen, in a brigade, not attached 
to any regiment, there shall be one surgeon. 
Concerning Sect. 19. Whenever forty-eight inen shall have been en- 

election of offi- ]igtgj accordine to the provisions of this act, an election of offi- 
cers m volun- ' 111 •/»•!• • I 

teer companies cers may be Ordered, upon notification being given by one or 
when first en- ^lorc of the petitioners, attested by the mayor and aldermen of 
any city, or the selectmen of any town in the Commonwealth, 
to the commander in chief; and if there is no officer of the vol- 
unteer corps conveniently located to preside at such election, 
the commander in chief may issue an order for that purpose, to 
any one or more of the selectmen of the town where a majority 
No company to of said petitioners may reside. No company hereafter to be 

havemorethan • j ^ i i ii • . r .i i i i u 

100 members, raised at large shall consist ol more than one hundred members. 

Arms to be fur- Sect. 20. Each Company of light infantry, grenadiers and 

nishedbythc riflemen, raised at laree, shall be furnished with muskets or ri- 
State to volun- „ / /• i • i i i i i • i 

teer companies nes, and every company ol cavalry with sabres, belts and pistols, 

on application, gnd every company of artillery with muskets, if applied for, and 



1840. Chap. 92. 237 

with swords and belts, on application to the adjutant general, and 

on delivering to him a suflkient bond, signed by the officers of 

such company, for the safe keeping and return ol the same when Arms to be kept 

required by the commander in chief, and producing to him satis- ^^^'>' ^^^" "' 

factory evidence that a suitable armory or place of deposite for 

such muskets or rifles has been provided by the town within 

which said company is situated, or otherwise ; which arms, so 

furnished, shall be carefully kept for the use of the company for 

military purposes only. The commander in chief may, from 

time to time, require any officer to examine any armory provided 

as aforesaid, and report to him the condition thereof, and of the 

arms therein deposited. And the several towns in the Common- Towns may 

wealth are hereby authorized to raise money to be expended in "J^ories."^^ '°'^ 

providing armories or places of deposite, as above provided. 

And whenever any arms are furnished as aforesaid, to any com- Deposite of 

pany formed from diflerent towns, the same shall be deposited pal^yWrorm^l" 

in the town within which the greatest number of the members of from different 

said company may vote to establish their armory. °^"*' 

Sect. 21. The systems of discipline and field exercise, Systems of ex- 
which is ordered to be observed by the regular army of the u!^s^',rt(^p^to 
United States in the different corps of cavalry, artillery, light be observed by 
infantry and riflemen, or such other system as may at any time p°n"est&,c.*""' 
hereafter be directed for the volunteers and militia, by the laws 
of the United States, shall be observed, by the companies raised 
at large in this Commonwealth, in the discipline and exercise of 
said corps respectively. 

Sect. 22. Every officer of the line and staff, and every offi- Uniform. 
cer and soldier of any company raised at large, shall provide 
himself with an uniform complete, which shall be such as the 
commander in chief shall prescribe, and subject to such restric- 
tions, limitations and alterations as he may order. 

Sect. 23. There shall be three parades in each and every Three parades 
year, as follows : every commanding officer of a company raised Jhe'^fir^Mo'^be" 
at large shall parade his company on the last Wednesday in May, oniasiWednes- 
annually, at nine o'clock in the forenoon, for the purpose of in- <^ay«f May. 
specting, examining, and taking an account of all the equipments 
of his men, and for noting all delinquencies of appearance and 
deficiencies of uniform and equipments, in order tliat a thorough 
inspection may be made of all the volunteer companies in the 
Commonwealth. Every commanding officer of a company shall 
exercise and discipline as well as inspect his company on said 
day. Every commanding officer as aforesaid shall also parade 
his company for exercise and discipline two several days in ad- 
dition thereto, by his own order. 

Sect. 24. There shall also be an inspection and review in An inspection 
each year ; and the commanding; officer of each division shall ^''^''eviewm 

11 iri • 111- I each year pro- 

order the troops to parade for that purpose, in such bodies and videdfor, &c. 

corps, and at such times, after the second Thursday in Septem- 
ber, as he shall deem expedient, regard being had to the scat- 
tered or compact situation of the troops : provided^ that no 
regiment or battalion be divided. The commanding officer of 



238 



1840- 



-Chap. 92. 



Fines for non- 
aUendauce, on 
parades, &c. 



Fine for not 
obeying orders 
to appear in 
case of riot, &c. 



Proceeding's to 
be adopted for 
ordering out 
volunteer corps 
in case of riots 
or the like. 



the brigade shall appoint the place, and give notice thereof to 
the commanding officer of the division. But if all the troops to 
be inspected and reviewed, belong to one regiment or battalion, 
then the commanding officer of the regiment or battalion shall 
appoint the place and give notice to the brigadier general ; and 
the places appointed for inspection and review shall be as cen- 
tral as, in the judgment of the officer appointing the place, may 
be convenient : provided, that no officer, non-commissioned 
officer, or private, shall be obliged to march more than fifteen 
miles from his residence to any review, except of a regiment or 
battalion, or less body of men, and that no larger body than a 
brigade be ordered to parade at the same time and place, except 
by order of the commander in chief. All orders for review and 
inspection shall be issued ten days at least previous to the second 
Thursday in September ; and all commanding officers of com- 
panies may, on parade, read brigade or regimental orders, and 
notify the soldiers of their several commands to appear, as 
specified in said brigade or regimental order, for the purposes 
therein contained, which notice shall be a sufficient warning. 

Sect. 25. Every non-commissioned officer, musician, or pri- 
vate, who shall unnecessarily neglect to appear on the days, and 
at the time and place appointed for such duty, agreeably to the 
provisions of this act, shall forfeit his annual pay, and also forfeit 
and pay four dollars for each and every day for such neglect. 
And the certificate of the commanding officer of any company, 
duly signed by a majority of the officers of said company, shall 
be received as competent evidence of such neglect or refusal to 
do duty as above provided, or any other duty required by this 
act. 

Sect. 26. For unnecessarily neglecting to appear when 
ordered, or disobeying order, in case of any tumult, riot, or 
other cause, as provided in the following section, or advising any 
other person to do the like, every such soldier shall forfeit 
and pay fifty dollars. 

Sect. 27. Whenever there shall be, in any county, any 
tumult, riot, mob, or any body of men acting together, by force, 
with intent to commit any felony, or to offer violence to persons 
or property, or by force and violence to break and resist the 
laws of this Commonwealth, or any such tumult, riot or mob 
shall be threatened, and the fact be made to appear to the com- 
mander in chief, or the mayor of any city, or to any court of 
record sitting in said county, or if no such court be sitting 
therein, then to any justice of any such court, or if no such 
justice be within the county, then to the sheriff thereof, the 
commander in chief may issue his order, or such mayor, court, 
justice, or sheriff may issue his precept directed to any com- 
manding officer of any division, brigade, regiment, battalion, or 
corps, to order his command, or any part thereof, describing 
the kind and number of troops, to appear at a time and place 
within specified, to aid the civil authority in suppressing such 



1840. Chap. 92. 239 

violence, and supporting the laws ; which precept, if issued by 
a court, shall be in substance as follows : 



ss. 



COMMONWEALTH OF MASSACHUSETTS. Form of requi- 

sition on com- 
t ******* ( insert the ) a -n C- . i- ) mauding officer. 

*rolrri 1 ai 1 \ A. 13. 1 insert nis f 

f L. b. f lo < orhcer's > j- < a } 

% % ) ■ 1 V commanding. J command, i 

Whereas, it has been made to appear to our justices of our 

, now holden at , within and for the county of 

, that (here insert one or more of the causes above 

mentioned,) in our county of , and that military force is 

necessary to aid the civil authority in suppressing the same : 
now, therefore, we command you that you cause, (here state the 
number and kind of troops required,) armed, equipped, and 
with ammunition, as the law directs, and with proper officers, 
either attached to the troops or detailed by you, to parade at 

, on , then and there to obey such orders as 

may be given them, according to law. Hereof fail not, at your 
peril, and have you there this writ with your doings returned 
thereon. 

Witness, L. S., Esquire, at , on the day of 

5 in the year . 

CD., Clerk. 

And if the same be issued by any mayor, justice, or sheriff, 
it should be under his hand and seal, and otherwise varied to 
suit the circumstances of the case. 

Sect. 29. The officer to whom the order to the command- Penally upon 
er in chief, or such precept shall be directed, shall forthwith ^f^!^i^J [°q„i'j'°" 
order the troops therein mentioned, to parade at the time and lion. ° 
place appointed ; and if he shall refuse or neglect to obey such 
order or precept, or if any officer shall neglect or refuse lo 
obey an order issued in pursuance thereof, he shall be cashiered, 
and be further punished by fine or imprisonment, not to exceed 
six months, as a court-martial may sentence. And any non- penaliy upon 
commissioned officer or soldier, who shall nealect or refuse to soldiers for 

, t r II I • I Similar diso- 

appear at the place ol parade to obey any order in such case, bedience. 
or any person who shall advise or endeavor to persuade any 
officer or soldier to refuse or neglect to appear at such place, or 
to obey such order, shall suffer the penalty provided in such 
case in the twenty-sixth section of this act. 

Sect. 29. Such troops shall appear at the lime and place Troops to ap- 
appointed, armed and equipped, and with ammunition, as for mu^niiion' &c" 
inspection of arms, and shall obey and execute such orders as 
they may then and there receive, according to law. 

Sect. 30. ]f any county shall neglect or refuse to raise at Where counties 
large their quota of volunteers according to the provisions of ti°ei"r°quoiTof 
the thirteenth section of this act, the commander in chief may volunteers the 



240 



1840.. 



-Chap. 92—95. 



privilege to be 
given to other 
counties. 

Repeal of other 
acts. 



Chap. 93. 



Limit to which 
the wharves 
may be ex- 
tended. 



Wharf to be 
built on piles. 



Chap. 94. 



Provision for 
prosecuting 
banks for 
taking more 
than six per 
cent, and exist- 
ing rate of ex- 
change, &c. 



Chap. 95. 



Persons incor- 
porated. 



grant petitions to citizens of any other county to raise at large 
the prescribed number of volunteers, as provided in this act 
aforesaid. 

Sect. 31. All acts, or parts of acts, to which this is an 
addition, inconsistent with the provisions of this act, are hereby 
repealed. [.Approved by the Governor, March 24, 1840.] 

An Act to authorize the East Boston Company to extend their Wharves. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

The East Boston Company are hereby authorized to extend 
and maintain the wharves and docks now constructing by said 
company at East Boston, into the harbor channel, as far as the 
line, established by the act entitled an act concerning the harbor 
of Boston, passed on the seventeenth day of March, in the year 
one thousand eight hundred and forty ; and shall have and enjoy 
the right and privilege of laying vessels at the sides and ends of 
said wharves, and receiving dockage and wharfage therefor : 
provided, that so much of said wharf, as may be constructed in 
said channel shall be built upon piles, and that nothing herein 
contained shall in any way interfere with the rights of any person 
or persons whatever. [Approved by the Governor, March 24, 
1840.] 

An Act in addition to an Act for the appointment of Bank Commissioners. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Whenever any bank in this Commonwealth shall, directly or 
indirectly, charge or receive, upon any note, bill of exchange, 
or draft, discounted by them, more than interest at the rate of six 
per cent, a year, and the then existing rate of exchange, between 
the place where such note, bill of exchange, or draft may be 
discounted, and the place where it is payable, and the fact shall 
come to the knowledge of the bank commissioners, or either of 
them, it shall be the duty of the said commissioners or commissioner 
forthwith to report in writing the name of such bank and the facts 
of the case to the treasurer of the Commonwealth, who shall 
forthwith prosecute said bank, in the manner directed in the six- 
tieth section of the thirty-sixth chapter of the Revised Statutes, 
to recover the penalty therein provided. [.Approved by the Gov- 
ernor, March 24, 1840.] 

An Act to incorporate the Quincy Mill-Dam Corporation. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Charles A. Brown, John Sullivan, James New- 
comb, their associates and successors, are hereby made a corpo- 
ration, by the name of the Quincy Mill-Dam Corporation, for 
the purposes herein set forth, with all the powers and privileges, 



1840. Chap. 95. 241 

and subject to all the duties, restrictions and liabilities, set forth 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation shall have power to build Corporation 
a dam across the mouth of Town River Bay, in Quincy, in the may bmid dam 

c TVT /• 11 r I • f /^ • -ri • across town 

county oi iSorlolk, from the extrennty oi Quincy ir^omt, so River Bay, be- 
called, to Germantown, so called, for the purpose of raising and iween certain 
maintaining a water power by the admission of the tide waters. 
The said dam shall be substantially constructed, and at least 
thirty feet wide at the upper surface, of stone and gravel, and Widiliofsaid 
shall be made safe and convenient for the passing of men, horses, 
cattle and vehicles of all kinds, whether loaded or otherwise, 
which are usually employed on the highway. And the said 
dam, when the same shall be opened for travel, shall be protected 
at the sides with strong and substantial fences, and shall be fur- 
nished with a suitable number of lamps, and the said fences shall 
be kept in repair, and the said lamps shall be lighted at all times pamtobe 
and seasons, when the lamps on the road constructed on the ° 
Boston and Roxbury Mill Dam are usually lighted and kept burn- 
ing. The said corporation shall construct a lock in said dam for Lock for ve«- 
the passage of vessels, not less than thirty feet in width and ninety *®'^' 
feet in length, with a draw-bridge over the same, and having suit- 
able sluice-ways, and piers or wharves, and all reasonable facili- 
ties shall be furnished by the corporation, at all times, for the 
passage of vessels. 

Sect. 3. The said corporation shall have the right to charge Tolls for pass- 
and receive from all persons, passing over the said dam, the fol- »ng over dam. 
lowing rates of toll — to wit : for one horse and chaise, six cents 
and one quarter of a cent ; for a horse and light wagon, six cents 
and one quarter ; for all other four-wheeled carriages, with two 
or more horses or oxen, twelve cents and one half of a cent ; for 
horses and neat cattle, one cent each. 

Sect. 4. The said corporation shall have power to build one Corporation an- 
other dam from Quincy point to Newcomb's wharf, which shall I'JEtms'^"'''^ 
be constructed of stone and other substantial materials, and be 
not less than five feet thick at the upper surface, and shall have 
a sufiicient opening therein, furnished with gates to admit of the 
passage of ships and vessels into and from the ship-yard, now 
owned by Mr. Jones ; and the said corporation shall cause the 
said gates to be opened for the passage of vessels to and from 
said ship-yard, whenever required so to do by the owner or tenant 
of the said ship-yard. The said corporation shall have power 
to build one other dam of the like width and materials as the 
aforegoing, from Sullivan's wharf to Piiillips' head in Gertnan- 
lovvn, and by means of the said dams the said corporation may 
shut in and retain or shut out and exclude the tide waters, as they 
shall deem expedient, and for these purposes they may make and 
Keep sluice-ways in such parts of the said dams, as may be most Concerning the 

convenient. And the water power which shall be created by "'^'*;'^P?^'?u 

r I 1 1 Mill- 1 111 1 "^ created by theso 

means ot the dams described by this act, may he sold, leased, or dams. 

Oi 



242 1840. Chap. 95—96. 

used by the said corporation, for mills and manufacturing and 

other purposes at their pleasure. 
Concerning Sect. 5. Any person sustaining any damage by reason of 

remedy for ^^g building of the said dams and their appurtenances, or either 

damages occa- ~ , " , . ,• ,i r • i i • ]„j 

sionedbysaid oftliem, may obtain compensation therelor m the mode proviued 
dam. by the one hundred and sixteenth chapter of tlie Revised Stat- 

utes : provided^ that in case the proprietors of the land, which 
is affected by the erection of such dam or dams, shall be dissat- 
isfied with the mode pointed out by the Revised Statutes, to 
obtain compensation for their land, referees may be appointed, 
each party having the right to select one referee, and the two 
referees thus chosen having the right to select a third. 
Amount of es- Sect. 6. The said corporation shall have power to hold real 
iTe beld'by "he^ estate not exceeding in value one hundred and fifty thousand dol- 
corporaiion. lars, and personal estate not exceeding seventy-five thousand dol- 
lars, and may by vote declare at their first meeting the number 
of shares into which their capital stock shall be divided, and shall 
be authorized to lay and collect assessments thereon as they see 
fit, so that the capital stock shall not exceed the aggregate of the 
two sums aforesaid. 
Three years Sect. 7. The said Corporation shall have the space of three 

allowed for years from and after the adoption of this act, in which to com- 
woTk. ' pleie the erection of the works herein before described, [^^p- 

proved by the Governor^ March 2A^ 1840.] 

ChctV. 96. -A^'i •'^CT in addition to " an Act relating to Alien Passengers." 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Town and city Sect. 1. The treasurer of every town and city shall, in the 
reldT/annu'al luonlh of January next, make a return to the Legislature of all 
accounts of moneys, received frotn alien passengers under the act, passed the 
eiTforaiicfn^'^' twentieth day of April, in the year one thousand eight hundred 
passengers. and thirty-seven, entitled an act relating to alien passengers, and 
paid into the treasury of such town or city, showing all receipts and 
expenditures up to the end of the present year by virtue of said 
act ; and shall, every year thereafter, in the month of January, 
make return of all such receipts and expenditures during the pre- 
ceding year ; and every treasurer of any city or town, who shall 
neglect to make such return, shall, for every offence, forfeit to 
the Commonwealth a sum not exceeding five hundred dollars, to 
be recovered in an action of the case to be prosecuted by the 
treasurer of the Commonwealth. 
Requiring cer- Sect. 2. The treasurer of evcrv town and city in this Com- 

tam balani'cs 'o i i i n • i i r m r i • • i 

be paid into the monvvealth shall, in the month oi iMay oi this year, pay into the 
treasuiy. treasury of the Commonwealth all balances then remaining in 

their treasuries under the provisions of the two hundred and thir- 
ty-eighth chapter of the laws of the year one thousand eight hun- 
dred and thirty-seven, under the penalty of a sum not exceeding 
five hundred dollars for such neglect, to be recovered by indict- 
ment for tlie use of the Cominonvvcakh. [Approved by the 
Governor, March 24, 1840.] 



1840. Chap. 97. 243 

An Act concerning sales by Guardians and others. Chnn Q7 

BE it enacted by the Senate and House of Representatives, ^' 

in General Court assembled, and by the authority of the same, 
as follows : 

Wlienever the validity of any sale of real estate which has been Non-deiivery 

, , •' - . I • • -of deed, within 

or may be made by any guardian, executor or administrator, is prescribpd 
drawn in question by any person claiminc; under the ward or de- time not to in- 

1 J J I O VilllUille ScllGS 

ceased, if the license, bond, oath and notice, have been accord- i,y guardians, 
ing to law, and the price for which the land shall have been bid &.c.; 
ofi' at auction, has been paid by a bona fide purchaser and duly 
accounted for, such sale shall be deemed valid, although the deed 
may not have been executed and delivered within the year from 
the granting of the license. [Jlpproved by the Governor, March 
24, 1840.] 



RESOLVES 



PASSED BY THE 



%tsislatnxt of flpassac|)UBetts. 

1840. 



Resolve on the Petition of Martin VVIieelock. 



ivESOLVE on me reuiion oi marun vvneeiocK. j-^j -t 

Resolved, for reasons set forth in the said petition, that there -^ * 

be allowed and paid, out of the treasury of the Commonwealth, 
to Martin Wheelock of Gardner, in the county of Worcester, 
the sum of thirty dollars a year, for the term of three years from ^soperann. for 
the twelfth day of June, in the year one thousand eight hundred *hrpe years, on 
and thirty-nine, should he live so long, and that warrants be i^^wounde/at 
drawn therefor accordingly, [^^pproved by the Governor, Feb, a muster. 
11, 1840.] 

Resolve on the Petition of Bela Tiflany. C^hflT) 2 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, 
to Bela Tiffany, of Southbridge, the sum of fifty-eight dollars, in ^58 to a mem- 
full, for twenty-three days' attendance as a member of the last of an°om!ssion"^ 
Legislature, and for sixty miles travel, and that a warrant be in last year's 
drawn therefor. [J]pproved by the Governor, Feb. 11, 1840.] P^^' ''**"• 

Resolve on the Petition of Hannah Carroll. /^hnn ^ 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, 
to Hannah Carroll, of Salem, the sum of fifty dollars, in full for g50on account 
services rendered by her late husband, William Carroll, a revo- of revolutionary 
lutionary soldier, and that a warrant be drawn therefor. ['Ap- 
proved by the Governor, Feb. 11, 1840.] 

Resolve on the Petition of Richard D. Harris. Ohfin 4 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, 
to Richard D. Harris, treasurer of the county of Suffolk, the 
sum of twelve hundred and one dollars and seventy-three cents, ^1201 73 for 
being the amount paid by him on account of the salary of the (nsfrlct^auorne 
county attorney for said county, to the tenth day of May, one for Suffolk!™*^ 
thousand eight hundred and thirty-nine, and the governor is au- 
thorized to draw his warrant accordingly. [/Ipproved by the 
Governor, Feb. 13, 1840.] 



246 



1840.- 



-Chap. 5, 6, 7, 8. 



Chap. 5. 

Secretary to 

f)urchase at a 
iinited price. 



Chap. 6. 



52 per diem, 
and ^2 for 
every ten miles 
travel. 



Double pay per 
diem allowed to 
presiding of5- 
ccrs. 



Chap. 7. 



^723 for bal- 
ance of account. 



Chap. 8. 



Authority to 
borrow. 



Loan not to 
exceed 5250,- 
000 at any one 
time. 



A Resolve for the purchase of the Fourteenth Annual Report of the Prison Disci- 
pline Society. 

Resolved, That the Secretary of the Commonwealth be di- 
rected to purchase six liundred copies of the fourteenth annual 
report of the Prison Discipline Society, at a price not exceed- 
ing twenty-five cents per copy, for distribution to the members 
of the General Court, and that a warrant be drawn accordingly. 
[Jlpproved by the Governor, Feb. 15, 1840.] 

Resolve for the pay of the Council, Senate and House of Representatives. 

Resolved, That there be paid, out of the treasury of this 
Commonweallh, to each member of the Senate and House of 
Representatives, two dollars for each and every day's attend- 
ance the present })olitical year, and the sum of two dollars for 
every ten miles travel from their respective places of abode, 
once in each session, to the place of the setting of the general 
court ; and also to each member of the council, two dollars for 
each day's attendance at that board, at every session thereof, 
during the present political year, and the sum of two dollars for 
every ten miles' travel from their respective places of abode, 
once in each session thereof ; and to the president of the Senate, 
and the speaker of the House of Representatives, each, two 
dollars for each and every day's attendance, in addition to their 
pay as members ; and his excellency the governor, with the 
advice and consent of the council, is hereby authorized and 
requested to draw his warrant accordingly. [Approved by the 
Governor, Feb. 15, 1840.] 

Resolve to pay for the twentieth volume of Pickering's Reports. 

Resolved, That there be allowed and paid, out of the treasury 
of this Commonweallh, to Charles C. Little and Company, the 
sum of seven hundred and twenty-five dollars, in full discharge 
and payment of the balance of their account against the Com- 
monwealth, for copies of the twentieth volume of Pickering's 
Reports, furnished for distribution to the several towns, accord- 
ing to law, and that a warrant be drawn therefor, [jlpproved by 
the Governor, Feb. 21, 1840.] 

Resolve authorizing the Treasurer to borrow money in anticipation of the Revenue. 

Resolved, That the treasurer of this Commonwealth is hereby 
authorized and directed to borrow of any of the banks of this 
Commonwealth, or any corporation therein, or of any individual 
or individuals, such sum or sums of money as may, from time to 
time, be necessary for the payment of the ordinary demands on 
the treasury, at any time before the meeting of the next general 
court ; and that he repay any sum he may borrow, as soon as 
money sufficient for the purpose, and not otherwise appropri- 
ated, shall be received in the treasury : provided, hoioever, 
that the whole amount borrowed by authority hereof, and re- 
maining unpaid, shall not at any time exceed the sum of two 
hundred and fifty thousand dollars. [Approved by the Gov- 
ernor, Feb. 22, 1840.] 



1840. CiiAP. 9, 10, 11. 247 

Resolve on ihe Petition of John Welles. ClldT). 9. 

Resolved, for reasons set forth in the said jietition, that there 
be allowed and paid, out of the treasury of this Commonweahh, Payment for 

1 7 J a note for 

to John Welles, of Boston, the sum of three thousand one hun- ^3i39i4ror- 
dred and thirty-nine dollars and fourteen cents, in full payment '"•-•'■ly s'ycn to 

r r i ^ , 1 1 1 1 1 > • II the Irankjin 

ot a note ol the Commonweahh held by him, and tliat a warrant bank and en- 
be drawn therefor. [Spmoved bij ike Governor , Feb. 28, horsed over. 
1S40.] 

Resolve on the Petition of Edwin M. Stone. Cf/lQp. 10. 

Resolved, for reasons set forth in the said petition, that there 512 for su- 
be allowed and paid, out of the treasury of this Commonwealth, p<'r"i'fnciing 
to Ji,dwin M. fetone, ol lieverly, the sun) ol lorty-two dollars, areportcon- 
in full for services rendered, by an order of the House of Rep- coming the 

> J ^ ,'iVifissnc nil setts 

reseiitalives, of April the tenth, in the year one thousand ei2;ht Medical Socie- 
hundred and thirly-nine, and that a warrant be drawn therefor. '^• 
{^Approved by the Governor, Feb. 28, 1840.] 

RksuLve on the Petition of Sarah Cazneau Seaver, the widow of Heman Seaver. (JJinr), \ \ 

Resolved, that, for the reasons set forth in said petition. Administrator 
Tliomas Cole, administrator de bonis non, with tlie will annexed, may sell cer- 
of the goods and estate of said Heman Seaver, is hereby author- *^'" ^^^ estate, 
ized to sell, at public auction, and by good and suflicient deed or 
deed.s, to convey to the purchaser or purchasers, all that farm in 
the town of Marlborough, in the county of Middlesex, which, 
by the will of said Heman, was devised to the said Sarah Caz- 
neau Seaver, for her own use and enjoyment during her natural 
life : provided, that the said Cole shall first give public notice of Notice of sale, 
the time and place of such sale, under the direction of the judge 
of probate for said county of Middlesex, in the manner pre- 
scribed by law, when license is granted to sell the real estate of 
a person deceased for the payment of his just debts ; and shall 
also, before fixing on the time and ))lace of sale, lake and sub- 
scribe an oath, similar to that prescribed by law in cases of such 
sale as aforesaid, by an executor or administrator ; and shall also 
give bond to the said judge of probate, with two sufficient sure- 
ties, conditioned to invest, manage and dispose of the proceeds Investment of 
of such sale, in the manner directed by said will. And the pro- proceeds. &.c 
ceeds of such sale shall at all times be liable to the payment of 
the just debts of the said Heman Seaver, and the charges against 
his estate, in the same manner that said real estate would have 
been liable, had the same not been sold by virtue of this resolve. 
And in case the said Cole shall die before the proceeds of such 
sale are divided, according to the directions of said will, or shall 
resign or be removed from his said trust, the said judge of pro- 
bate is hereby authorized to appoint a trustee in the |)lacc of said 
Cole, to manage and dispose of said trust fund, requiring such 
Trusiec to give a bond with sureties, in the same manner as is 
I'.prein required to be given by said Cole. [Approved by the 
Governor J February 28, 1840.] 



248 1840. Chap. 12, 13, 14, 15, 16. 

Chap. 12. Resolve on the Petition of George M. Rice and Benjamin p. Rice. 

5106 32 for ex- Resolved, for reasons set forth in the said petition, that there 
penses in res- be allowed and paid, out of the treasury of this Commonwealth, 
napped boy. ^^ George M. Rice, of Worcester, the sum of fifty-seven dol- 
lars and sixty-two cents ; and to Benjamin P. Rice, of Wor- 
cester, the sum of forty-eight dollars and seventy cents, in full 
for expenses, incurred by them in recovering the liberty of Sid- 
ney O. Francis, a free colored boy, kidnapped, and sold as a 
slave ; and that a warrant be drawn therefor. [Approved by the 
Governor, Feb. 28, 1840.] 

Ufl(ip. lO. Resolve on the Petition of Asa B. Wales. 

^110 for arrest- Resolvcd, (ov reasons set forth in the said petition, that there 
cufingafelon" ^6 allowed and paid, out of the treasury of the Commonwealth, 
to Asa B. Wales, the sum of one hundred and ten dollars, in full 
for expenses incurred in arresting and prosecuting one William 
Melcher, charged with the crime of larceny ; and that a warrant 
be drawn therefor. [^Approved by the Governor, Feb. 28, 1840.] 

iyhCtp. 14. Resolve on the Petition of Daniel L. Richardson. 

^110 to indeni- Resolved, for reasons, set forth in the said petition, that there 
on^pe°iiironTr"— • be allowed and paid, out of the treasury of the Commonwealth, 
the person com- to Daniel L. Richardson, the sum of one hundred and ten dol- 
fraud hav'ino- ^^I'Sj and that 3 Warrant be drawn therefor. [^Approved by the 
forfeited a re- Govemor, Feb. 28, 1840.] 



cognizance. 



Resolve on the Petition of Elizabeth Culler. 



„^. Resolved, for reasons set forth in the said petition, that there 

^30 on account , ,, i i • i r i r i i^ i i 

of revolutionary be allowed and paid, out ol the treasury ot tlie L-ommonwealth, 
services. ^q Elizabeth Culler, the sum of fifty dollars, in full for the revo- 

lutionary services of her late husband ; and that a warrant be 
drawn therefor. [Approved by the Governor, March 7, 1840.] 

Chap. 16. Resolves relating to a proposed Article of Amendment of the Constitution. 

Resolved, That the following article of amendment of the 
Constitution, having been agreed to by the last and present gen- 
eral courts, and published in the manner required by the Consti- 
tution, be submitted to the people for their ratification and adop- 
tion : 

ARTICLE OF AMENDMENT. 

Census to be A census of the inhabitants of each city and town, on the 

'^'"^"- first day of May, shall be taken, and returned into the Secre- 

tary's office, on or before the last day of June, of the year one 
thousand eight hundred and forty, and of every tenth year there- 
after ; which census shall determine the apportionment of Sena- 
tors and Representatives for the term of ten years. 
Senate based The several senatorial districts now existing, sliall be perma- 

on popuiaiioi). Dgnt. The Senate shall consist of forty members ; and in 
the year one thousand eight hundred and forty, and every 
tenth year thereafter, the governor and council shall assign the 
number of Senators to be chosen in each district, according to 
the number of inhabitants in the same. But, in all cases, at 
least one Senator shall be assigned lo each district. 



1840. Chap. 16. 249 

The members of the House of Representatives shall be ap- 1200 inhabitants 
portioned in the following manner : Every town or city contain- r"pTeseniai'ive.° 
ing twelve hundred inhabitants, may elect one ref)resentalive ; increasing ra- 
and two thousand fotn- hundred inhabitants shall be the mean ''"• 
increasing nun)ber, which sliall entitle it to an additional Repre- 
sentative. 

Every town containing less than twelve hundred inhabitants, provisions for 
shall be entitled to elect a representative as many times, within 1°^"^ '^^V"5^ 

, , 1 1 1 • • • I • less than 1200. 

ten years, as the number one liundred and sixty is contained in 
the number of the inhabitants of said town. 

Such towns may also elect one representative for the year All towns to 
in which the valuation of estates witiiin the Commonwealth, sent'at%^e*in'the 

shall be settled. valuation year. 

Any two or more of the several towns may, by consent of a Districts may 
majority of the legal voters present at a legal meeting, in each Reformed, 
of said towns respectively, called for that purpose, and held 
before the first day of August, in the year one thousand eight 
hundred and forty, and every tenth year thereafter, form them- 
selves into a representative district, to continue for the term of 
ten years ; and such district shall have all the rights, in regard 
to representation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect Provision for 
one representative, and the mean increasing number, which resenuiive '^^'^ 
shall entitle a town or city to elect more than one, and also the ratio, 
number by which the population of towns, not entitled to a 
representative every year, is to be divided, shall be increased 
respectively, by one tenth of the numbers above mentioned, 
whenever the population of the Commonwealth shall have in- 
creased to seven hundred and seventy thousand, and for every 
additional increase of seventy thousand inhabitants the same ad- 
dition of one tenth shall be made respectively to the said num- 
bers above mentioned. 

In the year of each decennial census, the governor and coun- Governor and 
cil shall, before the first day of September, apportion the num- council to ap- 
ber of representatives which each city, town, and representative sentatiVel^'^^* 
district is entitled to elect, and ascertain how many years, within 
ten years, any town may elect a representative, which is not 
entitled to elect one every year ; and the governor shall cause 
the same to be published forthwith. 

Nine counsellors shall be annually chosen from among the counsellors 
people at large, on the first Wednesday of January, or as soon how chosen, 
thereafter as may be, by the joint ballot of the senators and repre- 
sentatives assembled in one room, who shall, as soon as may be, 
in like manner, fill up any vacancies that may happen in the 
council, by death, resignation or otherwise. No person shall 
be elected a counsellor, who has not been an inhabitant of this 
Commonwealth for the term of five years immediately preceding 
his election ; and not more than one counsellor shall be chosen 
from any one senatorial district in the Commonwealth. 
32 



250 



1840.- 



-Chap. 16. 



ment. 



No estate re- No possession of a freehold or of any other estate shall be 

Seid^by nlem- I'^quired as a qualification for holding a seat in either branch of 
bers of General the general court, or in the executive council. 
^°"'"'' Resolved, That the people shall be assembled, for the purpose 

Meetings of the aforesaid, in their respective cities and towns, in meetings to be 
onXs amend- ^^gally warned, and held on the first Monday of April next, at 
which meetings all the inhabitants qualified to vote for senators 
and representatives in the general court, may give in their votes 
by ballot, for or against the said article of amendment ; and the 
same officers shall preside in the said meetings, as in the meet- 
ings for the choice of senators and representatives, and shall, 
in open meeting, receive, sort, count, and declare the votes of 
the inhabitants for and against the same ; and the said votes 
shall be recorded by the clerks of said cities and towns, and 
true returns thereof shall be made out, under the hands of the 
mayors and aldermen of the several cities, and of the select- 
men, or the major part of them, and of the clerks of the said 
cities and towns, respectively, and sealed up, and delivered to 
the sheriff of the county, within three days after the said meet- 
ings, to be by him transmitted to the office of the secretary of 
the Commonwealth, within seven days after receiving the same ; 
or the said mayors and aldermen, and selectmen respectively, 
shall themselves transmit the same to the said office, within ten 
days after the said meetings : provided, that, in the several 
cities, the meetings held under this Resolve shall be conducted 
according to the provisions of the acts establishing the same, 
and of the several acts in addition thereto. 

Resolved, That his excellency the governor, and the council, 
shall forthwith open and examine the votes, returned as afore- 
said ; and if it shall appear that the said article of amendment 
has been approved by a majority of the persons voting thereon, 
according to the votes returned and certified as aforesaid, the 
same shall be enrolled on parchment, and deposited in the sec- 
retary's office, as a part of the constitution of this Common- 
wealth, and shall be published in immediate connexion there- 
with, as the thirteenth article of amendment thereof, in all future 
editions of the laws of this Commonwealth, printed by public 
authority. 

Resolved, That his excellency the governor be, and he 
hereby is authorized and requested to issue his proclamation 
forthwith, after examination of the votes returned as afore- 
said, reciting the said article of amendment, and announcing that 
the same has been duly adopted and ratified by the people of 
this Commonwealth, and has become a part of the Constitution 
thereof; and requiring all magistrates and officers, and all citi- 
zens of the said Commonwealth, to take notice thereof and 
govern themselves accordingly ; or, that the same has been re- 
jected, as the case may be. 

Resolved, That a printed copy of these Resolves, including 
the said article of amendment, and blank forms of the re- 
turns of votes on said article, shall be transmitted, as soon 



Enrolment of 
amendment. 



Proclamation to 
be made con- 
cerning amend- 
ment. 



Secretary to 
transmit copies 
of these re- 
solves to towns. 



1840. Chap. 16, 17, 18, 19, 20. 251 

as may be, by the secretary of the Commonvvealih, to the 
mayors and aldermen of the several cities, and to the selectmen 
of the several towns of this Commonwealth. [Approved by the 
Governor^ March 10, 1840.] 

Resolve on the Petition of Bradford Hodges, Guardian of Sarah Mather Hulchens, (JJldJ), IT. 
a minor. ■^* 

Resolved, for reasons set forth in the said petition, that the Guardian may 
said Bradford Hodges, or any future guardian of said minor, be fgrfaiiTreares- 
and hereby is authorized and empowered to release to Lyman late. 
Kingsley, of Northampton, or whoever may hold the fee simple 
of the estate conveyed to Isaac Damons by John Hutchens, by 
his deed recorded in the registry of deeds for the county of 
Hampshire, book 53, page 382, all the right and interest of the 
said minor therein. \_J3pproved by the Governor, March 12, 
1840.] 

Resolves concerning Steamboats. Chdp. 18. 

Resolved, That the recent losses of steamboats, with many 
valuable lives, on several of the most frequented routes of the fe^nUoTses^of' 
United States, clearly indicate that suitable provision has not life, &c. 
been made for the security of passengers against the perils of 
fire and of the sea, and prove that the existing laws of the United 
States are insufficient, and not properly enforced. 

Resolved, That suitable provision should be made by law, concerning 
that whenever any life shall be lost by the neglect or misconduct making propri- 
of the proprietors of any steamboat, or by the neglect or mis- responsibie^&c 
conduct of any person in their employ, such proprietors shall 
forfeit, for every life thus lost, a suitable sum, to be recovered 
by indictment, for the benefit of the widow and heirs. 

Resolved, That other effective measures should be adopted Copies of these 
by the general government for preserving the lives of passengers '■^solves to be 
on board steamboats, and that his excellency the governor be 
requested to transmit a copy of these resolves to the president 
of the United States, and to each of our senators and represent- 
atives in Congress. [Approved by the Governor, March 12, 
1S40.] 

Relolve on the Petition of Samuel Reynolds, Wells Lathrop, C. VV. Chapin. and /~1L„^ 1 Q 
Wilham Dvvight. Lfiap. iV. 

Resolved, for reasons set forth in the said petition, that there gsoo for expen- 
be allowed and paid, out of the treasury of the Commonwealth, ses of pursuit of 
to Samuel Reynolds, Wells Lathrop, C. W. Chapin and Wil- Sl'Li'tm- 
liam Dwight, the sum of three hundred dollars, in full for expen- mittedarape. 
ses incurred in pursuit of fugitives from justice ; and that a war- 
rant be drawn therefor. [Approved by the Governor, March 
12, 1840.] 

Resolve relative to the Archives of the Commonwealth. f^hnn Qf) 

Resolved, That the sum of eight hundred and fifty dollars is 
appropriated, to be expended by the secretary of the Common- S850forar- 
wealtli, under the direction of his excellency the governor, for deift'd^cu- °' 
the preservation, arrangement and security of the papers and ^ents. 



252 1840. Chap. 20, 21, 22, 23, 24, 25. 

documents in the public archives of the Commonwealth, and 
that warrants be drawn accordingly. [Jlpproved by the Govern- 
or, March 12, 1840.] 

ChaV' 21 Resolve concerning certain Books and Documents relating to Revolutionary Ser- 
JT ' * vices. 

Secretary to Resolved, That the secretary of the Commonwealth be, and 

take possession \^q hereby is, directed to take into his care and keeping, all pa- 
ments furnish- pers, books and documents, belonging to the Commonwealth, 
ing evidence of other than those heretofore loaned to the secretary of war of the 

revolutionary tt-jo i-ir-i -i r -i 

services, and to United tetates, wliich turnish eyidence oi services, by payment 
form aiphabeti- tliercfor, or Otherwise, by officers or privates in the revolutionary 
' * war, and to put all said papers and documents into regular files 
in alphabetical order, which files shall be properly numbered and 
arranged ; and to cause a perfect alphabetical index to be pre- 
pared with proper references, to said files or books, by means of 
which the names of all persons contained in said books and files, 
whether of officers or privates, may, at every place where the 
names occur, be easily found ; and the governor is authorized, 
by and with the advice and consent of the council, to draw his 
Expense not to warrant to defray the expense thereof, for an amount not exceed- 
ing seven hundred dollars, [jipproved by the Governor^ Alarch 
12, 1840.] 

Chap. 22. K-EsoLVE on the Petition of the Taunton and South Boston Turnpike Corporation. 

Resolved, for reasons set forth in the said petition, that the 
the c!*c°R 'in "^ clcrk of the court of common pleas for the county of Bristol, be 
1808 concerning authorized to receive and record in the records of said court, the 
be emered of Certificate of the justices of the court of common pleas for said 
record. county of Bristol, set forth in said petition ; and that such rec- 

ord, when made, shall have the same validity and effect as if 
said certificate had been recorded at the term of said court of 
common pleas for said county, which was holden next after the 
date thereof. [Approved by the Governor, March 12, 1840.] 

ChctJ). 23. Resolve on the Petition of Thomas Holden. 

Resolved, for reasons set forth in the said petition, that there 
^50 for arrest- j^g allowed and paid, out of the treasury of tlie Commonwealth, 

mg a felon, who tt i i i r r r ^ u • r 11 r • 

has forfeited a to i liomas Holden, the sum ol fifty dollars, in full for services 
lecoguizance to rgnJered and expenses incurred, in arrestiiio; one Edwin Burr, 

the btate. i • i i • r i i i ° 11 

charged with the crime ot larceny ; and that a warrant bo drawn 
therefor. [Approved by the Governor, March 12, 1840.] 

y^-i Cy A Resolve concerning the pay of the Members of the General Court. 

■^' ' Resolved, That the pay of members of the several branches 
Pay of mem- of the legislature, provided by a resolve of the present session, 
tend beyon<hhe ^^ ""*- c^^euded beyoud die twentieth of March instant. [Ap- 
20ih of March, proved by the Governor, March 16, 1840.] 

C^TlOT) 25 Resolve on the Petition of Susannnii Hutchinson, an alien. 

An alien widow Resolvcd, That the said Susannah Hutchinson, for the rea- 
auihorized to sons Set forth in her said petition, be authorized to take, hold, 
poit of certain ^"'^' dispose of, the parcel of land mentioned and described in 

land. 



1840. Chap. 25, 26, 27, 28, 29. 253 

her said petition, free and clear of any claim of the Common- 
wealth thereto by reason of her alienage. [Approved by the 
Governor, March 18, 1840.] 

Resolve authorizing the payment of certain Sheriffs', Printers', and other accounts. '-^ ''■'*/'• '''U. 

Resolved, Tliat there be allowed and paid, out of the public ^1849 60 for 
treasury, to the several persons whose names are borne on the erT'&c.^"" " 
accompanying roll, the sun)s set against their names, respectively, 
amounting in the whole to one thousand eight hundred and forty- 
nine dollars, and sixty cents ; the same being in full discharge of 
the warrants and demands to which they refer ; and that a warrant 
be drawn therefor. [Approved bxj the Governor, JYInrch 18, 
1840.] [The roll referred to above tvill be fowid in a subse- 
quent part of the volume.) 

Resolve on the Petition of George T. Davis, executor of the last will and testament Qhrir) 27 
of James C Alvord. -i * 

Resolved, for reasons set forth in the said petition, that there cioooon ac- 
be allowed and paid, out of the treasury of this Commonwealth, count of ser- 
to George T. Davis, executor of the last will and testament of i^,Tcrim*'°t'^" 
James C. Alvord, the sum of one thousand dollars, in full for the law. 
services of said Alvord, as one of the commissioners for the cod- 
ification of the criminal law ; and that a warrant be drawn there- 
for. [Approved by the Governor, JVIarch 18, 1840.] 

Resolve on the Petition of the President, Directors and Company of the Middlesex f^Jj/yn Oft 

Resolved, for the reasons set forth in said petition, that, upon ^ 

,., . , ri-y^ Tax which 

payment by said corporation to the treasurer ol tins Common- has accrued 
weahh, of such proportion of the tax on the capital stock of said si"ce a certain 
bank, as accrued prior to the seventeenth day of January, in the relinquished, on 
year one thousand eight hundred and thirty-eight, with interest condition, &c. 
from that date, they be released from the payment of the tax on 
their capital stock, which has since accrued. [Approved by the 
Governor, March 18, 1840.] 

Resolve granting Taxes for the several Counties CJldT) 29 

Whereas, the treasurers of the followine counties have laid ^ 

,. ir iT'i 1-1 1 1 County taxes, 

their accounts betore the Liegislature, which accounts have been allowed 



VIZ. 



examined and allowed, and the clerks of the county commis- !^L^i:^,^^\,^^^' 

, ,...,. , , . , . •' . 000; ftiiddlesex, 

sioners have exliibitecl estimates made by said commissioners, oi ^30,000 ; Wor- 
the necessary charees which may arise within their respective cf s'er, §25,000; 

r < ■ 1 r 1 !• Hampshire, 

counties lor the year ensuing, and ol the sums necessary to dis- |;9,ooo ; Frank- 
charge the debts of said couniies : — therefore, im, §9,000 ; 
Resolved, That the sums placed against the names of the sev- §13,000"' 
eral counties in the following schedule, are hereby granted as a ^?2'^Qni''f'nj 
tax for each county respectively, to be assessed, paid, collected folk' §10,000 ; 
and applied for the purposes aforesaid, according to law, viz. : — on"ronl''M • 
County of Essex, thirty thousand dollars ; county of Middlesex, toi, §20,000" 
thirty thousand dollars ; county of Worcester, twenty-five thou- ^^'^/,'f^A^^'^' 
sand dollars ; county of Franklin, nine thousand dollars ; county ' 
of Hampden, thirteen thousand dollars ; county of Berkshire, 



254 ^ 1840. Chap. 29, 30, 31, 32, 33. 

twelve thousand dollars ; county of Hampshire, ^nine" thousand 
dollars ; county of Norfolk, ten thousand dollars ; county of Bris- 
tol, twenty thousand dollars ; county of Plymouth, thirteen thou- 
sand five hundred dollars ; county of Barnstable, six thousand 
dollars. [Approved by the Governor, March 20, 1840.] 

C^hflT) 30 Resolve authorizing the payment of certain Pauper and Coroner Accounts. 5j 

Resolved, That there be allowed and paid out of the public 
additionarpau. treasury, to the several towns and persons whose names are borne 
per accounts, on the accompanying roll, the sums set against their names re- 
spectively, amounting in the whole to three hundred and forty- 
eight dollars and sixty-seven cents, the same being in full dis- 
charge of the accounts and demands to which they refer ; and that 
a warrant be drawn therefor. [^Approved by the Governor^ 
March 20, 1840.] (For the roll referred to above, see subse- 
quent part of the volume.^ 

^ _^ Resolve authorizing the payment of sundry Miscellaneous and Pauper AccotJnts. 

Lhap. ol. Resolved, That there be allowed and paid, out of the public 
g44,049 99 for treasury, to the several corporations and persons mentioned in 
coun ts' &c . the accompanying roll, the sums set against their names respec- 
tively, amounting in the whole to the sum of forty-four thousand 
and forty-nine dollars and ninety-nine cents, and that a warrant 
be drawn for the payment thereof. [Approved by the Governor, 
March 20, 1840.] [For roll referred to above, see subsequent 
part of the volume.) 

Resolve on the Petition of Isaac Bradbury. 

Lhap. oZ. Resolved, for reasons set forth in said petition, that a full and 
Confirmation of indefeasible title, in fee simple, be, and hereby is, confirmed unto 
[and'convly^ed" Isaac Bradbury, of Leicester, in the county of Worcester, for- 
to petitioner be- merly an alien, but now a citizen of the United States, in and 
[zition! "*'"^^'' unto a certain lot of land situated in the easterly part of said Lei- 
cester, on the northerly side of the post road, near the Bottomly 
Factory, containing fifty square rods, with the buildings thereon, 
and all the privileges and appurtenances to the same belonging, it 
being the same real estate which one Thomas Kenworthy con- 
veyed by deed, to said Bradbury, dated on the fourteenth day of 
May in the year one thousand eight hundred and thirty-five, and 
before he was admitted as a citizen of the United States ; to hold 
the same to the said Isaac Bradbury, his heirs and assigns forever, 
free from any forfeiture or right of escheat to the Commonwealth, 
by reason of the former alienage of said Bradbury, and as fully 
as if he had been a citizen of the United States, when said deed 
was given to him as aforesaid. [.Approved by the Governor ^ 
March 20, 1840.] 

ChciP' 33. Resolve concerning the notification of meetings, to which is to be submitted a pro- 

posed Article of Amendment of tlie Constitution. 

Meetings to be Resolvcd, That the meetings to be held in the several cities 

valid, il warned , y r Tiri^'rAM i-i- i 

by the last day and towns On tl)e first iVlonaay ol April next, to which is to be 
of March, not- submitted a proposed article of Amendment of the Constitution, 
any by-law of a shall be deemed to be legally notified, if due notice thereof be 



1840. Chap. 33, 34, 35, 36, 37, 38. 255 

given on or before the last day of this present month of March ; J"^"" '•equiring 

^ .... , »•',..' ., , , longer notice 

any thing in the resolves lor submitting said amendment to the for town meet- 
people, or in the by-laws of any city or town to the contrary '"g^- 
notwithstanding, [^^pproved by the Governor, JMarch 20, 1840.] 

Resolve concerning tlie Adjutant and Quarter Master General's Department. CJl(lp» 34. 

Resolved, that the sum of three thousand five hundred dollars 
is hereby appropriated to defray the expenses of the quarter S3,500 for 

11J • . r ^ ^ j.K. quarter master 

master generals department lor the current year, and that ^^,,^^31'^ de- 
warrants be drawn therefor. [Approved by the Governor, March partment. 
20, 1840.] 

Resolve on the Petition of Sophia Sanderson. L/ilOp. OO. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, devolution"-"' 
to Sophia Sanderson, fifty dollars in full for services performed ary services. 
by her late husband in the revolutionary war, and that a warrant 
be drawn therefor. [^Jlpproved by the Governor, March 20, 
1840.] 

Resolve on the Petition of Joshua Davis, and others. CyhdV' 36. 

Resolved, for reasons set forth in said petition, that the said 
Joshua Davis, trustee under the will of Amasa Davis, deceased. Petitioner au- 

, . ..,„.,. , . . ' ,, , thonzed to sell 

or nis successor in said omce, is hereby authorized to sell and and convey 
convey, in such manner, on such terms, and for such prices, as ^^['?i° '^"^ 
he shall deem expedient, at public auction or private sale, the 
whole or any part of a certain tract of land now held by said 
trustee, situate in the city of Boston, bounded northwesterly by 
Washington street, southwesterly by land now, or formerly of 
Charles Biner and others, southeasterly by the sea or salt water, 
and northeasterly by land now or formerly of Benjamin Cobb's 
heirs ; and the flats on the southeasterly side of said tract of 
land, extending as far as said Amasa Davis' right extended, or 
in any way appertaining to said tract of land, and all privileges 
and appurtenances thereto belonging, and to make and execute 
good and sufficient deeds thereof in fee simple to the purchaser : 
provided, that the said trustee shall first give bond to the judge 
of probate to account for the proceeds according to law, and 
faithfully to execute the powers granted by this resolve. l*^p- 
proved by the Governor, March 20, 1840.] 

Resolve to pay the Cliaplaius of the Legislature. Chctp» 37. 

Resolved, that there be allowed and paid, out of the treasury 
of this Commonwealth, to the chaplain of the senate the sum of ^i^g Jf theXg- 
sixty dollars, and to the chaplains of the house of represeuta- isiature. 
tives the sum of thirty dollars each ; and that warrants be drawn 
accordingly. [^Approved by the Governor, March 20, 1840.] 

Resolve on the Petition of the towns of Charlemont and Rowe. ChcLV* 38. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, KJnds"a^'f^' 
to the town of Charlemont, the sum of sixteen dollars, and to nexedbyiawto 
the town of Rowe the sum of twenty-three dollars and twelve [o^,Pg|'"°"'°^ 



256 1840. Chap. 38, 39, 40. 

cents, in full for expenses incurred in surveying a tract of unin- 
corporated land, agreeably to an order of the legislature ; and 
that a warrant be drawn therefore. [Approved by the Governor, 
JMarch 21, 1840.] 

ChctV' 39. Resolve on the Pelilion of Charles Brigliam, Junior, of Grafton, in the county of 
■^ Worcester, Trustee of the Hassanamisco Indians. 

Guardian of the Resolved, for reasons set forth in the said petition, that Charles 

Grafton Indians -n-i t- r • i r^ r ^ r.i tt 

empowered to Jjrigham, Junior, ot said (jratton, trustee oi the Jlassanatnisco 
sell certain Indians, be, and hereby is, empowered to sell at public auction 
' ■ or private sale, that certain real estate situated in said Grafton, 

containing about twenty acres, belonging to said tribe of Indians, 
which was lately occupied by Sarah Phillips, alias Sarah Bas- 
ton, deceased, and to convey said land by deed duly executed 
and acknowledged ; and said trustee, out of the proceeds of said 
sale, may pay the necessary charges of the last sickness, and 
funeral of the said Sarah, and shall hold the residue of the pro- 
ceeds of said sale, and invest the same, and shall apply the annu- 
al income thereof for the benefit of said Indians, in such manner 
as shall be approved by the judge of probate for said county of 
Worcester : provided, that the said trustee shall first give bond, 
with sufficient surety or sureties to the said judge of probate, for 
the faithful execution of the powers hereby conferred. [Approv- 
ed by the Governor, March 21, 1840. J 

ChCtP' 40. Resolves on the Petition of John A. Bolles, of the city of Boston, in the county of 

Suftblk, Trustee. 

Confirmation of Resolved, for reasons set forth in the said petition, that the 
uusiee.""^" ^ appointment made by the judge of probate for said county of 
Suffolk of the said John A. Bolles, ol said Boston, to be trustee 
under the last will of Joseph Bumstead, late of said Boston, 
bookseller, deceased, be, and the same is hereby confirmed. 
mt7be"aP^ ^^^olved. That the judge of probate for the county of Suffolk, 

pointed. for the time being, may appoint a new trustee or trustees under 

said will, whenever such appointment may be necessary for the 
proper execution of said trusts ; and every such trustee shall give 
bond with sufficient surety or sureties, to said jndge of probate 
for the faithful performance of said trust. 
Trustee may Resolved, That the said John A. Bolles, as such trustee, or 
proceeds, '&c. ^''s successors in said trust, be authorized and empowered, while 
holding such trust, to sell at public or private sale, any or all of 
the real estate which was of the said .losepli Bumstead deceased, 
and to convey the same by deed or deeds duly executed ; and 
the said trustee shall hold and invest the proceeds of such sale 
for the purposes of the trusts created by said will in such manner 
as shall be approved by the judge of probate for said county of 
Suffolk : provided, the said John A . Bolles, and every trustee 
subsequently appointed, shall first give bond, with sufficient sure- 
ty or sureties, to the said judge of probate, for the faithful exe- 
cution of the powers hereby conferred, and of the trusts under 
said will. [Approved by the Governor, March 21, 1840.1 



1840. Chap. 41, 42, 43, 44, 45. 257 

Resolve for furnishing Life-Boats. Chcil}. 41. 

Resolved, That there be allowed and paid, out of the treasury 
of this Commonwealth, to the president and trustees of the 2? '^"^ '''''^* 
Massachusetts Humane Society, the sum of five thousand dol- 
lars, for the purpose of furnishing life-boats to be stationed at 
the most exposed parts of the sea-coast within this Common- 
wealth, and that a warrant be drawn therefor ; and that the said 
society be requested to report to the governor and council their 
expenditure of the funds appropriated by this resolve, together 
with the number and stations of the boats. [Approved by the 
Governor, March 21, 1840.] 

Resolve on the Petition of John Mowry and others. (uhCLp> 4.4. 

Resolved, for reasons set forth in the said petition, that there 
be allowed and paid, out of the treasury of the Commonwealth, count of a 
to Arad Denison, thirty dollars a year, for three years, should wound recei_ved 

,,. , 11 11 iz-r/i while on mihla- 

he live so long, and that a warrant be drawn therelor. I'fip- xy duty. 
proved by the Governor, March 21, 1840.] 

Resolve for the payment of certain Printers' Accounts. Ch(ip» 43. 

Resolved, That there be allowed and paid, out of the public 
treasury, to the several persons named in the report of the treas- printers^ a"-^'" 
urer, for the publication of the amendment of the constitution, counts, 
ordered by the legislature, and for sundry advertisements order- 
ed by the Secretary of State, a sum not exceeding three hundred 
and fourteen dollars ; and that the Treasurer be authorized to au- 
dit said accounts : provided, that not more than ten dollars be al- 
lowed to any one newspaper for publishing the said amendment, 
and that warrants be drawn therefor. [Approved by the Govern- 
or, March 23, 1840.] 

Resolve in aid of the American Institute of Instruction. C^hftTi 44- 

Resolved, That there be paid annually, in the month of Au- 
gust, for the term of five successive years, to the directors of ,fum for the"' 
the American Institute of Instruction, the sum of three hundred American insti- 
dollars ; and that warrants be drawn accordingly. [Approved by x[ol° "^^^ ' 
the Governor, March 23, 1840.] 

Resolve on the Petition of Richard J. Cleveland. ChCtP* 45. 

Resolved, for reasons set forth in said petition, that the treas- 
urer of the Commonwealth is hereby authorized and empowered oWiga^tfonTcon- 
to give up to Richard J. Cleveland, the several obligations given ceming eastern 
by him, for the purchase of the southeast quarter of township ment of°a ce^- 
number six, of the eighth range of townships west of the east tain sum. 
line of the State of Maine : provided, the said Cleveland shall 
pay into the treasury of this Commonwealth, on or before the 
tenth day of June, one thousand eight hundred and forty-one, the 
sum of four thousand nine hundred and fifty-nine dollars, with in- 
terest from the tenth day of June, in the year one thousand 
eight hundred and thirty-five, deducting therefrom the payments 
which have already been made on account of said purchase, with 
interest thereon. [Approved by the Governor, March 23, 1840.] 
33 



258 



1840. Chap. 46, 47, 48, 49, 50. 



Chap. 46. 

Settlement of 
accounts for 
sales of eastern 
land, &c. 



Chap. 47. 



$1 per day to 
messenger of 
Governor and 
Council. 



Chap. 48. 

Release of obli- 
gations con- 
cerning eastern 
lands on pay- 
ment of a cer- 
tain sum. 



Chap. 49. 

Permission to 
plant trees at 
the back of the 
State House. 



Chap. 50. 



Per diem allow- 
ance. 



Resolves on the Account of the Land Agent. 

Resolved, That George W. Coffin, land agent of the Com- 
monwealth, be, and he hereby is, discharged from the payment of 
the sum of seventy-eight thousand nine hundred and eighty-seven 
dollars and forty-two cents, the receipt of which is acknowledged 
in his account with the Commonwealth, to the thirty-first day of 
December, in the year one thousand eight hundred and thirty- 
nine inclusive ; and he is authorized to credit to the Common- 
wealth, in his next account, the sutn of twelve thousand three 
hundred and sixty-five dollars and nineteen cents, the amount of 
sundry acceptances and outstanding claims, when collected. 
[A'p'proved by the Governor, March 23, 1840.] 

Resolve to pay John V. Low. 

Resolved, That there be allowed and paid, out of the treasury 
of the Commonwealth, to John V. Low, assistant messenger to 
the governor and council, two dollars per day, for each and 
every day he has been or may be employed in that capacity, dur- 
ing the sessions of the council for the present year ; and that 
warrants be drawn accordingly. [Jlpproved by the Governor, 
March 23, 1840.] 

Resolve on the Petition of Daniel J. Perley and others. 

Resolved, for reasons set forth in said petition, that the treas- 
urer of the Commonwealth is hereby authorized and empowered 
to give up to Daniel J. Perley and others, the several obliga- 
tions given by them for the purchase of the north-east quarter of 
township number six of the eighth range of townships west of the 
east line of the State of Maine : provided, the said Perley and 
his associates shall pay into the treasury of this Commonwealth, 
on or before the tenth day of June next, the sum of five thousand 
five hundred and ten dollars, with interest from the tenth day of 
June, in the year one thousand eight hundred and thirty-five, de- 
ducting therefrom the payments which have already been made 
on account of said purchase, with interest thereon. [Approved by 
the Governor, March 23, 1840.] 

Resolve concerning the planting of Trees in the north yard of the State House. 

Resolved, That permission be granted to Phineas Upham, 
Ebenezer Chad wick, and Thomas B. Curtis, to plant two rows 
of trees, of either the sugar maple, mountain ash, or lime tree, in 
the north yard of the State House, not less than six feet, nor 
more than thirteen feet from the north fence ; to be done by said 
Upham, Chadwick and Curtis, under the direction of the sergeant 
at arms, without any expense to the Commonwealth. [Approv- 
ed by the Governor, March 23, 1840.] 

Resolve to pay the Clerks of the Senate and House of Representatives. 

Resolved, That there be allowed and paid, out of the treasury 
of this Commonwealth, to the clerk of the senate and the clerk 
of the house of representatives, each the sum of ten dollars 
per day, and to the assistant clerk of the senate the sum of six 
dolLirs per day, for each and every day's attendance, during the 



1840. Chap. 50, 51, 52, 53, 54, 55. 259 

present session of the legislature ; and that there be further al- 
lowed to the clerk of the senate, and to the clerk of the house 
of representatives, the sum of one hundred dollars each, for j^u-^na"°^^'°^ 
copying the journals for the library, as required by the orders 
of the two houses, and that warrants be drawn accordingly. 
l*Bpproved by the Governor, March 23, 1840.] 

Resolve authorizing' the payment of sundry Accounts. L/flCtJ). 01 • 

Resolved, That there be allowed and paid, out of the public ;^i2,898 iifor 
treasury, to the several persons mentioned in the accompanying pauper, mihtia, 
rolls, the sums set against their names respectively, amounting counts. 
in the whole to the sum of twelve thousand eight hundred and 
ninety-eight dollars and eleven cents ; the same being in full dis- 
charge of the accounts and demands to which they refer, and that 
a warrant be drawn accordingly. [Approved by the Governor, 
March 24, 1840.] [For Roll, referred to above, see a subse- 
quent part of the volume.) 

Resolve concerning certain Criminal Processes. Chdp* 52. 

Resolved, That all complaints and indictments, for the illegal Discharge of 
sale of spirituous liquors, which are now pending in any court of all indictments, 
this Commonwealth, and which were found or commenced since Aprin9^'i838? 
the first day of July, in the year one thousand eight hundred and 
thirty-eight, are hereby discharged, and all recognizances, for- 
feitures, and pending processes, growing out of said indictments 
or complaints, are hereby released and remitted ; and the attorney 
general and the several district attorneys are hereby authorized 
and directed to discontinue and discharge the same. [Approved 
by the Governor, March 24, 1840.] 

Resolve authorizing the payment of sundry accounts. CKCLV' 53. 

Resolved, That there be allowed and paid, out of the public (jf263 99f r 
treasury, to the several persons mentioned in the accompanying dry accounts, 
roll, the sums set against their names respectively, amounting 
to two hundred and sixty-three dollars and ninety-nine cents, the 
same being in full discharge of the accounts and demands to which 
they refer, and that a warrant be drawn accordingly. [Approved 
by the Governor, March 24, 1840.] (For Roll, referred to 
above, see a subsequent part of the volume.) 

Resolve concerning the pay of the Members of the present General Court. C/hdV, 54. 

Resolved, That the provisions of a resolve for the pay of Time extended 
the council, senate, and house of representatives, passed the '" which mem- 
fifteenth of February last, be extended for such further time, in ceive'Tay!^^' 
addition to the time limited by a resolve passed the sixteenth of (See resolve of 
March, instant, as the two branches may be in session ; any thing ' ° March.) 
in said last mentioned resolve to the contrary notwithstanding. 
[Approved by the Governor, March 24, 1840.] 

Resolve for the final payment of the Commissioners for the survey of the Harbor CJifir) 55 
of Boston. "' 

Resolved, That there be paid out of the treasury of this Com- £tn*t o7a''bii"- 
monwealth to the commissioners for the survey of the harbor of ance of the ac- 
Boston, a sum not exceeding four hundred and twenty-seven 



count of com- 
missioners. 



260 1840. Chap. 55, 56, 57, 58, 59. 

dollars and eight cents : provided, that so much or any portion 
thereof be found due on the examination of their accounts ; and 
that the governor with the advice of council be authorized to 
draw his warrant accordingly, [^^pproved by the Governor, 
March 24, 1840.] 

y-)7 f'ft Resolve concerning repairs of the Slate House. 

^' ' Resolved, That the governor and council be authorized and 

1658 50 author- directed, during the recess of the general court, to cause such 

ized tobeex- alterations and repairs to be made in and about the State House, 

^1ate"House, ^^ in their opinion are necessary for the preservation of the 

building : provided, that such repairs do not exceed the sum of 

sixteen hundred and fifty-eight dollars and fifty cents, and that 

the governor be authorized to draw warrants for the payment 

thereof. [Jipproved by the Governor, March 24, 1840. J 

f^Tinn KT Resolve concerning the State Map. 

"' ' Resolved, That the sum of five thousand and five hundred 

g5,500 for dollars be appropriated for the purpose of completing the State 

completion of map SO far as to prepare it for engraving ; the said sum to be ex- 

biate ap. pended under the direction of the governor and council, and 

Proviso. ^h^*- warrants be drawn therefor accordingly : provided, that the 

governor and council are hereby authorized, if they may deem it 

the more expedient course, to contract with some publishing 

house or individual, to take the materials already collected for a 

map of the State, complete the work, publish the map, and 

furnish the Commonwealth with not less than one thousand 

copies, with the express guarantee, on the part of the person or 

persons contracted with, that the engraved plate shall be the 

property of the Commonwealth, and that the Commonwealth be 

called upon for no further expense ; and in such case, the above 

appropriation shall be void. [Jipproved by the Governor, 

March 24, 1840.] 

f^hnn P^P^ Resolve concerning the Laws relating to the Militia. 

■* ' * Resolved, That the adjutant general be, and he is hereby re- 
Adjutant Gen- quired to prepare and cause to be printed in a convenient form, 
erai to make a digest of the existing laws of the Commonwealth in relation to 
Law!* '^ ' "^ ^^^^ militia, and to forward copies of the same to all the commis- 
sioned officers of the militia of this Commonwealth, and to the 
assessors and town clerk of each town. [Approved by the Gov- 
ernor, March 24, 1840.] 

f^hrt'n PiQ Resolves concerning the Massachusetts Claim. 

■^* * Resolved, That the people of this Commonwealth have just 
compiafnf for cause of complaint, on account of the treatment which they are 
withholding the receiving at the hands of the general government, inasmuch as 
has°been^au-'' ^'^^ amount of claim for disbursements and expenses incurred by 
dited. this State in the last war with Great Britain, which has been 

examined and allowed by the officer duly appointed to make such 

examination, is withheld from them. 
Violation of Resolved, That the course pursued by Congress in this matter 

gress* ^ °"' toward Massachusetts, is a manifest violation of justice, and that 



1840. Chap. 69. 261 

she would not be true to herself if she should consent to remain 
contented and silent, while she is deprived of her acknowledged 
rights. 

Resolved, That his excellency the governor be requested to Governor to 
forward a copy of these resolves to our senators and representa- p'ie"*'^p*^°' 
lives in Congress, requesting them to lay them before Congress, 
for their consideration, and urging the importance and justice of 
an early appropriation to be made by Congress, of an amount 
required to pay the sum ascertained to be due. 

Resolved, That it shall be the duty of the treasurer and re- Disposal of 
ceiver eeneral of this Commonwealth, with the consent of his money which 

,1 ^ , . . f. may be receiv- 

exceliency the governor, upon receiving any sum ol money, on er on account 
account of the claim of said Commonwealth for militia services, of claim, 
against the United States, to pay over to the State of Maine one- 
third of the net amount received, after deducting one-third of the 
amount required to defray the expenses incurred, and to apply 
the balance toward the payment of the debt of this Common- 
wealth, as provided for by the fourth section of an act making 
provision for the unfunded debt of the Commonwealth, passed 
on the second day of April, in the year one thousand eight hun- 
dred and thirty-nine. [His Excellency ojicially approved the 
last of these four resolves concerning the claim, on the 24th of 
March. Copies of the first three, by his direction, were trans- 
mitted to our viembers of Congress. 1 



262 1840. 



The succeeding sets of Resolves were not officially approved by 
the Governor, but, by his direction, copies of them were 
transmitted agreeably to the request of the Legislature. See 
His Excellency's Message of the 24th of March, in a subse- 
quent part of the volume. 



Resolves concerning the denial by the United States House of Representatives of 
the right of Petition. 

Resolved, That the resolution which was adopted by the house 
of representatives of the United States, on the twenty-eighth of 
January, eighteen hundred and forty, — namely, " that no peti- 
tion, memorial, resolution, or other paper, praying for the aboli- 
tion of slavery in the District of Columbia, or any State or 
territory, on the slave trade between the States or territories of 
the United States in which it now exists, shall be received by 
the house, or entertained in any way whatever," — is regarded 
by this legislature as a palpable violation of the constitution of the 
United States, a bold denial of inalienable rights, and a stretch 
of power which can never be quietly submitted to by a free peo- 
ple. 

Resolved, That, in the name of the people of this Common- 
wealth, this legislature enter its solemn protest against the 
said standing rule, as being void in its inception, and of no bind- 
ing force upon the people, or their representatives. 

Resolved, That it is the indisputable right of an}^ portion of the 
people of this country, however mistaken in their views, or insig- 
nificant in number, at any time to petition Congress for a redress 
of grievances, or what to them may seem such ; and that Con- 
gress is bound to receive all such petitions, and give them a res- 
pectful and deliberate consideration. 

Resolved, That the manner in which the petitions of the peo- 
ple on this subject have been treated in the Senate of the United 
States, namely, in laying the question of their reception on the 
table, is a virtual denial of the right of petition, and a procedure 
not less despotic, in effect, than the unconstitutional rule adopted 
by the House of Representatives. 

Resolved, That for Congress to refuse to receive the petitions 
of those who supplicate for a redress of grievances, is a most 
unphilosophical and absurd mode to stop the progress of reform, 
or the spread of fanaticism ; and must naturally and inevitably in- 
crease agitation and excitement in all parts of the republic. 

Resolved, That his excellency the governor be requested 
to forward a copy of these resolves to each of our senators and 
representatives in Congress, with a request that they be laid be- 
fore both branches of that body. [ These Resolves were passed by 
both Houses on the 21 st of March.'] 



1840. 263 

Resolves concerning the Duty on Salt, and the Bounty to Fishing Vessels. 

Resolved, That the repeal of the duty on salt, and the bounty 
to fishing vessels, and the men employed in them, would injuri- 
ously affect the best interests of the American people, distress a 
large portion of our most valuable and deserving citizens, impair 
our national strength, and weaken us in a part most vital to our 
honor and influence, among the nations of the earth. 

Resolved, That the passage of the bill now before the Senate 
of the United States must destroy our salt manufactories, par- 
alyze our cod fisheries, and show that the best interests of the 
nation will be sacrificed, only to retard our prosperity, and to 
check the progress of northern industry. 

Resolved, That his excellency the governor be requested to 
transmit copies of these resolves to the senators and representa- 
tives of this Commonwealth in Congress. [T/iese Resolves 
were passed by both Houses on the 2 1st of March.] 

Resolves concerning a National Bankrupt Law. 

Resolved, That the relation of debtor and creditor, upon which 
the freedom and prosperity of our citizens so intimately depend, 
ought to be defined, enforced, and discharged by uniform, equi- 
table and permanent laws, throughout the Union. 

Resolved, That the right of the citizens of each State to the 
full enjoyment of all the privileges and immunities of citizens in 
the several States, requires the simultaneous exercise by Con- 
gress of its several powers, to regulate commerce, to coin 
money, and regulate the value thereof, and to establish a uniform 
system of bankruptcy. 

Resolved, That American commerce, as well in its perma- 
nent interests, as its temporary embarrassments, justly and 
urgently calls upon Congress to exercise its constitutional power 
to establish uniform laws on the subject of bankruptcies through- 
out the United States. 

Resolved, That his excellency the governor be requested to 
transmit copies of the foregoing resolutions to the respective 
senators and representatives in Congress from this Common- 
wealth. [T/icse Resolves were passed by both Houses on the 
2\st of March.'] 

Resolves relating to Slavery and the Slave Trade, and the admission of new States 
into the Union. 

Whereas domestic slavery exists in the District of Columbia, 
under the express authority of Congress, which, at the time of 
the cession of the district, re-enacted the slave codes of Mary- 
land and Virginia ; and, whereas the sanction thus given to sla- 
very and its continued toleration at the seat of government, form 
a manifest violation, by this nation, of the first principles of jus- 
tice, and have a tendency to corrupt the moral sense, and to 
lower the character of the whole people of the United States ; 
and, whereas this nation can have no higher interest, either be- 
fore God, or in the eyes of men, than the establishing of justice, 
and strengthening the just foundations of national honor ; and, 



264 ^ 1840. 

whereas slavery in the District of Columbia being thus a national 
concern, and involving national responsibility, it is the right of 
the Commonwealth of Massachusetts to remonstrate against the 
common wrong, and the degradation of national character ; there- 
fore, — 

Resolved^ That Congress ought to exercise its acknowledged 
power in the immediate suppression of slavery and the slave trade 
in the District of Columbia. And, whereas, by the constitution 
of the United States, Congress has the power to regulate com- 
merce with foreign nations, and between the several States of the 
Union, in the exercise of which power. Congress, in the year 
eighteen hundred and eight, abolished the foreign slave trade ; 
and, whereas a domestic slave trade, as unjustifiable in principle 
as the African slave trade, and scarcely less cruel and inhuman 
in practice, is now carried on between the several States ; there- 
fore, — 

Resolved, That the domestic slave trade between the several 
States ought to be abolished by Congress without delay. 

Resolved, That no new State ought to be admitted into the 
Union, whose constitution shall tolerate domestic slavery. 

Resolved, That our senators and representatives in Congress 
be requested to use their utmost efforts to give effect to the 
foregoing resolves. 

Resolved, That his excellency the governor be requested to 
forward a copy of these resolves to each of the senators and rep- 
resentatives from Massachusetts, in Congress. [T/iese Resolves 
were passed by the House on the 21«<, and by the Senate on the 
23d of March] 



265 



ROLL OF ACCOUNTS, 

Audited by the Treasurer of the Commonwealth, and reported Feb- 
ruary 27, 1840. 

[See Resolve of March 18, at page 253.] 

SHERIFFS. 

David Crocker, for returning votes, distributing blanks, 

&c., to Nov. 20th, 1839, 
Nathan Hayvvard, for returning votes, distributing blanks, 

&c., to Nov. 1839. 
Jared Ingersoll, for distributing packages to School Com 

mittees, (June, 1838,) 
Horatio Leonard, for returning votes, distributing blanks, 

&c., to Nov. 1839, 
Joseph Lyman, for returning votes, distributing blanks, 

&c., to January 21, 1840, 
John Nevers, for returning votes, distributing blanks, 

&c., to Dec. 26, 1839, 
Isaiah D. Pease, for returning votes, distributing blanks, 

&c., to Dec. 31, 1839, 
Caleb Rice, for returning votes, distributing blanks, &c 

to Nov. 1839, 
Joseph E. Sprague, for returning votes, distributing blanks, 

&c., to Jan. 1840, 
Thomas Twining, for returning votes, distributing blanks, 

&c., to Nov. 1839, 
B. F. Varnum, for returning votes, distributing blanks, 

&c., to Nov. 18, 1839, 
Calvin Willard, for returning votes, distributing blanks, 

&c., to Jan. 18, 1840, 

$1005 98 

MISCELLANIES. 

Henry Burditt, stationary, binding, &c., for the 

Senate, to Oct. 7, 1839, $26 80 

Stationary, binding, &c., for the Secretary, 

to November 14, 1839, 79 30 

Stationary, binding, &c., for the Sergeant at 

arms to October 16, 1839, 96 97 

Stationary, binding, &c., for the Library, 

to September 23, 1839, 63 83 

$256 90 

Charles Brooks, for bill of twine for Secretary, to Jan- 
uary 8th, 1840, 4 69 
34 



$40 


90 


66 


06 


16 


50 


70 


30 


91 


50 


119 


00 


15 


00 


64 80 


68 


40 


75 


60 


154 


32 


223 


60 



^66 PRINTERS' ACCOUNTS. 

James B. Dow, stationary for the Secretary to De- 
cember 23, 1839, $35 00 

O. C. Greenleaf, for stationary furnished the Attorney 

General to November 2, 1839, IS 05 

James Loring, registers for the Council, to January 24, 

1840, 12 25 

Marsh, Capen, Lyon & Webb, for 4,000 copies of the 
Common School Journal, purchased by order of the 
House of Representatives of March 29th, 1839, 166 67 



$493 56 

PRINTERS. 

Phineas Allen & Son, for publishing the Laws, &c., of 

1839, in the Pittsfield Sun, $16 67 

Jonathan BufFum, for publishing the Laws, &c., of 1839, in 

the Lynn Record, 16 67 

Samuel Bowles, for publishing the Laws, &c., of 1839, 

in the Springfield Republican, 16 67 

John D. Cushing, for publishing the Laws, &c., of 1839, 

in the Berkshire Courier, 16 67 

J. S. Eastman, for publishing the Laws, &c., of 1839, 

in the Greenfield Courier, 16 67 

T. Farmer, for publishing the Laws, &,c., of 1839, 

in the Hingham Patriot, 16 67 

E. F. W. Gray, for publishing the Laws, &c., of 

1839, in the Ipswich Register, 16 67 

Francis R. Gourgas, for publishing the Laws, &.C., of 

1839, in the Concord Freeman, 16 67 

William Ives & Co., for publishing the Laws, &c., 

of 1839, 16 67 

Samuel H. Jenks, for publishing the Laws, &c., of 

1839, 16 67 

Charles Montague, for publishing the Laws, &c., of 1839, 

in the Massachusetts Eagle, 16 67 

Morss &L Brewstei-, for publishing the Laws, &c., of 

1839, in the Daily Herald and Newbury port Herald, 33 33 
A. Munn, for publishing the Laws, &c., of 1839, in ilie 

Republican, 16 67 

James R. Newhall, for publishing the Laws, &c., of 

1839, in the Lynn Freeman, 16 67 

Phelps & Ingersoll, for publishing the Laws, &c., of 

1839, _ ^ 16 67 

Proprietors of the Cultivator, for publishing the Laws of 

1839, 16 67 

E. G. Robinson, for publishing the Laws of 1839, in the 

Norfolk Democrat, 16 67 

Robert Rich, for publishing the Laws of 1839, in the 

Courier and Transcript, 16 07 



GUARDIAN OF THE INDIANS. 267 

Hiram Tozer, for publishing the Laws of 1839, in the 

Watchman, $16 67 

James Thurber, for publishing the Laws of 1839, in the 

Old Colony Memorial, 16 67 

$350 06 



AGGREGATE. 



Sherifts, - . . . . $1,005 98 

Miscellanies, - _ . _ - 493 56 

Printers, - - - - - 350 06 



$1849 60 



ROLL OF CORONER AND PAUPER ACCOUNTS, 

Jludited by Committee of Accounts^ and reported. 

[See Resolve of March 20, at page 254.] 

CORONER. 

Luther Tarbell, Peperell, county of Middlesex, 
for viewing and inquiring on the dead body of 
Patrick Collins, on the 25th of July, 1835, $9 63 

Expense of burial, . . . . 5 00 



114 63 



OVERSEERS OF THE POOR. 

For support of state paupers in the town of Cam- 
bridge, . . . . $164 67 

do do in the town of Hol- 

den, to the 31st Dec. 1839, . .15 25 

do do in the townof Cole- 

raine, ending Jan. 1, 1840, . . 40 15 



$220 07 



GUARDIAN OF THE INDIANS 
AT Fall River. 



Holder Wadell, agreeably to account from Jan. 

1, 1839, to Jan. 1, 1840, . . . $113 97 

$348 67 



268 PAUPER ACCOUNTS. 



PAUPER ACCOUNTS. 

Abington, for the support of Margaret Jack, Hannah Pal- 
mer, Phacle Gould, Esther Pierce, and a colored man, 
adults, ^40 56 

Adams, for the support of Phila Hill, Lydia Townsand, 
Sarah Goodridge, Polly Martin, Sarah Martin, Timo- 
thy Shippy, Christopher Pettit, Ann Pettit, Francis 
Pettit, Catharine Pettit, Lillis Hambleton, Thomas 
Hines, Truma Pettis, Edwin Pettis, Laura Pettis, Lucy 
Lanman, Peter Carvey, Lucy Woods and child, Sam- 
uel Godard, John Ogden, Sally Pettis, John Pettis, and 
Lydia Ann Pettis, and funeral charges for three of the 
above, 323 29 

Amesbury, for the support of Michael Dellano, Robert 

Baker, Samuel Tilton, and Ebenezer FuUington, 61 53 

Amherst, for the support of Peter Jackson, Sarah Jack- 
son, Patrick and Benjamin F. Mack, 67 66 

Attleborough, for the support of Louisa Bacon, Lucy Ann 
Knight, Eliza Ann Knight, David Knight, James 
B. Knight, and Patrick Lynch, 30 60 

Andover, for the support of Sukey Hornsby, Flora Chand- 
ler, Dinah Chadvvick, Rosanna Coburn, Lucy Foster, 
Ann Robinson, Julia A. Robinson, Sarah Cassady, 
John Cassady, Mary Sigourney, Hannah Highland, 
Mariah H. Davis, Thomas Roswell, Caroline Ide, 
Mary Nutter, James H. Bowles, Daniel Mason, Alex- 
ander McDonald, Mary Wann, Elizabeth C. Coburn, 
child of Mary Wann, and funeral expenses of Flora 
Chandler and a female unknown, 340 21 

Ashfield, for removing William Meriam to New Ipswich, 
in the State of New York, 

Auburn, for the support of Sarah Wiser, 

Ashburnham, for the support of William Stinager, 

Boston city, for the support and burial of sundry State 
paupers. 

Do. for the support of sundry do. in the house of 
reformation. 

Do. " " in the house of industry, 

Do. " " expense of the small pox, 

Do. *' " insane persons in house of 

correction, 2673 93 

Do. " " lunatic paupers in lunatic 

hospital, 1 1 9 29 



13 


60 


25 


55 


25 


55 


3641 


11 


408 


98 


8184 


10 


616 


22 



$15,643 63 
Barre, for the support of James Batchelder, Charles 

Batchelder, and Henry Batchelder, 54 75 



PAUPER ACCOUNTS. 269 

Beverly, for the support of Dolly Claxton, John Kelly, 
John Pollard, Joseph Camerson, John Watts, Sarah 
Wright, Calvin Wright, Carnele Baratman, and the fu- 
neral expenses of John Pollard and Dolly Claxton, ^51 56 

Becket, for the support of Church Oxan and Jane Parker, 10 84 

Bedford, for the support of Violet Moor, 25 55 

Berkley, for the support of Mary Lindell and James 

Cuddy, 51 10 

Blandford, for the support of Susan Burdick, Polly Bur- 
dick, Mary Bradley, Jared Cobbs, Eliza Freeman, Me- 
lissa Freeman, Mary Freeman, Hannah Freeman, Geo. 
Freeman, and Azariah Freeman, 117 32 

Belchertown, for the support of Hannah Levens and Wil- 
liam Wallice, 25 97 

Braintree, for the support of Titus, a colored man, Jacob 
Blackman, Thomas Evans, Sarah Durant, Timothy 
Kahoe, Sarah Kahoe, William Brown, Catharine J. Ka- 
hoe, Mary J. Kahoe, Moses Abbot, Betsey Buckley, 
Margaret Butler, Sarah Mallet, and Daniel C. Mallet, 90 10 

New Braintree, for the support of FreeloveWillard, Eliza- 
beth Willard, and Pheba Willard, 40 80 

Great Barrington, for the support of John McGeorge, 
Joanna Porter, Lucy Porter, Ebenezer Ayers, and 
Timothy Tuttle, 102 90 

Do. for the burial of Charles Spuk, 5 00 

Brimfield, for the support of Thomas Corborn, Harriot 
Moor, George Parker, Thomas Williams, Sarah Moor, 
Benjamin Jenkins, Levi Jenkins, Benjamin Jenkins, 
Jr., Elizabeth Jenkins, Sophia Jenkins, and Harriot 
E. Mason, 79 52 

Brighton, for the support of John E. Baker, 25 55 

Brookfield, for the support of Charles Phelps, John Haw- 
ley, Azuba Havvley, Henry Hawley, Betsey Hawley, 
Jane Hawley, Otis Curtis Hawley, Micah McCor- 
mick, and James Daley, 88 17 

Bradford, for the support of Rose Saunders and Henry 

Coe, 25 10 

Bridgewater, for the support of Rachel Elbe, Hannah 

Fowler, Benjamin Mehuine, and Fanny Williams, 100 24 

East Bridgewater, for the support of Elisha Stephens, 

Robert Seaver, and Jane Chesnut, 57 

North Bridgewater, for the support of Hannah Palmer, 

Charlotte P. Wood, and Elizabeth M. Wood, 46 97 

West Bridgewater, for the support of Henry J. Derby, 14 60 

Brookline, for the support of George Thompson and 

Ann Potter, 40 15 

North Brookfield, for the support of Ester Johnson, Sarah 

I. Sampson, and Lydia A. Sampson, 48 11 

Brewster, for the support of Rebecca Fairchild, 70 

Burlington, for the support of Venus Roe, 25 55 



40 


15 


17 


15 


25 


55 



270 PAUPER ACCOUNTS. 

Boxborough, for the support of Andrew Jackson, Abel, 

Rebecca and Hiram Davis, ^91 25 

Becket, for removing a State pauper out of the State, 70 00 

Charlton, for the support of Catharine Green, George B., 
Pamela A., and Leonard F. Green, Thomas Riley, 
Margaret Riley, Thomas Riley, Thomas Murphey and 
wife, three minor children of Thomas Murphey, Joseph 
Fowler and Mary Fowler, 77 73 

Chelsea, for the support of Betsey Jones and William 
Happey, 

Chester, for the support of Janettee Gilmore, 

Carver, for the support of CufF Collins, 

Cambridge, for the support and burial of sundry State 

paupers, 1570 47 

Canton, for the support of Catharine Sherwood, Margarett 
Sherwood, James T. Bugshow, Bridget A. DriscoU, 
Michael Driscoll, Mary Ann Driscoll, Mary Knight, 
William Monsha, Nancy Monsha, Mary Monsha, Tim- 
othy Monsha, Catharine O'Connell, Bridget O'Connel, 
Rose McCafflin, David Keith, Margaret Keith, Wil- 
liam Keith, Mary I. Keith, James Grossman, and 
sundry other state paupers, 160 15 

Cheshire, for the support of Noel Randal, Levi Peirce, 

Ephraim Richardson, and Polly Cooper, 94 32 

Conway, for the support of Sally McMurphy, Abigail 

Clark, Catharine D. Clark, and Eunice Clark, 69 35 

Cummington, for the support of Bristor Peirce, 25 55 

West Cambridge, for the support of Nancy Hager, Charles 

Hager, and John Hager, 13 65 

Chelmsford, for the support of Richard Murphy, and 

Freeman Knowles, 22 22 

Concord, for the support of Thomas O'Connel, Fily 

Jeril, and two others, 5 93 

Charlestown, for the support and burial of sundry State 

paupers, 3,096 38 

Dedham, for the support of John Hogarth, 2 10 

Deerfield, for the support of Nelson Morse, 16 94 

Dudley, for the support of Timothy Wakefield and Pris- 

cilla Wakefield, 51 10 

Dorchester, for the support of James Robinson, William 
Stapleton, Caroline Harris, Nancy Ford, Elizabeth 
Baker, Mary Hart, Alexander M'Dohnel, Mary Ann 
Byrne, Sarah Hague, Adeline Townsend, William 
Goodwin, and Mary Ann Harris, 61 88 

Duxbury, for the support of John Carnes, Sarah Sim- 
mons, Hannah Cheesman, and Edward D. Cheesman, 87 84 

Dartmouth, for the support of James M. Markman, Wil- 
liam Shaw, Samuel Gale, and Robert Ross, 61 80 

Dalton, for the support of Mary Hoose, Abigail Rider, 



PAUPER ACCOUNTS. 271 

Sylvia Mclntire, William Clark, Alonso Clark, Bridget 
Holland, John Holland, and James Holland, $94 37 

Dover, for the support of Joseph Snow, George W. 

Snow, and William H. Wright, 43 80 

Dighton, for the support of Castor Henry and Rhoda 

Fuller, 20 69 

Danvers, for the support of Owen Miller, Joel Wesson, 
John Henly, Philip Magran, Humphrey Lyons, and 
other State'paupers, 221 36 

Douglas, for removing sundry paupers to Cranston, in 

Rhode Island State, and for supporting sundry paupers, 54 40 

Dudley Indians, for supjiort of, 193 74 

District of Marshpee, for the support of sundry Indians, 313 03 

Easton, for the support of James Quinley, Margaret But- 
ler, Lydia , Mary Cromwell and child, 56 12 

Easthampton, for tlie support of Submit Bailey, Reumah 

Bailey, and Henry C. Jones, 65 70 

Essex, for the support of John Coleman and Rebecca 

Kimball, 51 10 

Egremont, for the support of Betsy Doley, Reuben Van- 
guilaler, Ruby Gunn, Caroline Gunn, Eviline Gunn, 
Amos Randel, and Daniel C. Gunn, 125 77 

Essex county, for support and burial of lunatics in the 
House of Correction, 

Freetown, for the support and burial of Walter Nichols, 

Fall River, for the support of sundry state paupers, 

Fairhaven, for the support of William Wilson, Margaret 
Wilson, John Williams, Robey Mumford, Abigail Chris- 
topher, John J. Williams, Hannah Williams, George 
Williams, Eunice Williams, Joseph Marcy, Lydia 
Christopher, and John Christopher, 230 19 

Fitchburg, for the support of Nancy Mary, Mary Elinor, 

Nicholas and Thomas Torry, 100 82 

Franklin, for the support of Nancy Redwood, Frances E. 
S. Gray, George Thompson, Thomas Welsh, Julia 
Welsh, and Margaret Welsh, 45 68 

Foxborough, for the support of Caroline G. Howe, 13 72 

Florida, for the support of Edward, Ann, George, Ed- 
ward, Jr., and Charles Maynard, 12 60 

Framingham, for the support of Primus 'i'itus, Obrien 
O'Collins, Weltlia Maria Taylor, Chandler Spencer, 
and Jane Black, 41 34 

Gill, for the support of Mary Lawson, and Mary Ann Bar, 43 96 

Gloucester, for the support of You Nancy Youlin, Eliza- 
beth Dale, George Gardner, William Holly, Mary 
Holly, Sarah Holly, Abigail Glover, John Sulivan, 
INIary Webber, Patrick Cunningham, Mark Wilkin?, 
Margaret Wing, James T. Wing, Esttia Wing, John 
Cambel, and Tliomas Morris, and for the burial of Mark 
Wilkins, Slate paupers, and for the burial expenses of 



1276 


07 


5 


21 


538 


18 



272 PAUPER ACCOUNTS. 

the following persons drowned, during the gale of De- 
cember 15th, viz. : Capt. Nickerson, Mr. Hunter, 
Peter Gott, Alpheus Gott, Willianni Wallis, William 
Hofses, Amos Eaton, and Philip Gully, all of State of 
Maine, and three persons unknown, ^227 30 

Granville, for the support of Thomas Watson, Sarah 
Stewart, Chauncy Goodridge, Mary Borden, and funer- 
al expenses of Mary Borden, 58 63 

Greenfield, for the support of Mary Taggart and Samo 

Jarvis, 29 82 

Groton, for the support of Thomas Benson, Anna Kelley, 

Susan Kelley, and Lucy Ann Kelley, 19 59 

Grafton, for the support of Cornelius Johnson, Henry 

Smith, Ellen Barrett, and Oliver Hendrick, 51 91 

Rowley and Georgetown, for the support and funeral 

charges of sundry state paupers, 264 71 

Granby, for the support of Bulah Murrey, 25 55 

Haverhill, for the support of John Gould, Nancy Witham, 
Charles and Mary Witham, John Quincy Adams, 
Charles Durant, Bartholomew Durant, Jonathan Welsh, 
Abia Emerson, Ann Reed, James McCann, Catharine 
McCann, Mary E. Boody, Benjamin P. Davis, Mary 
Davis, Benjamin Davis, 2d, Harriot E. Page, Sally 
Delana, John Delana, Joseph Delana, Michael Delana, 
and Margaret Carrol, 228 03 

Hardwick, for the support of Philena Clark and Maria 

Treat, 40 15 

Hancock, for the support of Mary Clark, Joseph Simson 
and wife, Lydia Belcher, and Jeremiah H. Kelms, 

Holliston, for the support of John Ford, 

Heath, for the support of LydIa Lamphire, 

Hatfield, for the support of Lucy Wheaton, 

Harwich, for the support of James Robertson, 

Hubbardston, for the support of Daniel Mandal, 

Herring Pond Plantation, for the support of Dinah Reed, 

Hingham, for the support of Betsey Buckley, James Rus- 
sell, Peter McChuney, and James Robinson, 

Ipswich, for the support of John O. Brien, 

Kingston, for the support of Sophia Holmes, 

Lanesborough, for the support of sundry State paupers, 

Lee, for the support of John Marble, Eunice Marble, Asa 

Gleason, Amos Moore, Elizabeth Martin, William Cady, 
and Jennett Cady, 

Lenox, for the support of sundry State paupers, 

Littleton, for the support of Permelia Thompson, Anna 

M. T. Jones, William Gordon, and James E. Weeks, 56 73 

Leicester, for the support of Mary Davis, Mary Ann 
Conroy, Jack Cambridge, Lydia Nichols, William H. 
Nichols, George Nichols, and Susan Nichols, 117 14 

Leominster, for the support of Patrick Dougle, 93 

Longnieadow, for the support of John Connel and John 

Powers, 2 03 



94 


05 


25 


65 


25 


55 


25 


55 


25 


55 


25 


55 


25 


55 


18 


34 


4 


62 


25 


55 


378 


39 


132 


00 


221 


55 



PAUPER ACCOUNTS. 273 

Lunenburg, for the support of Aaron Wiggins, $1 47 

Lexington, for the support of Rhoda Kennistern and child, 
Mary Johnson and child, John Holmes, James Cur- 
ran's wife and four children, 48 84 

Leyden, for the support of Tosey Clark, Hannah Cole, 
Sarah Stanton, Ruth Abel, Joseph Abel, and H. Samp- 
son, sen., 142 35 

Ludlow, for the support of Vina Powers, Harvey Olds, 
Timothy Haskall, Theophilus Fletcher, and Addison 
Ogden, 84 45 

Lynn, for the support of sundry State paupers, 154 46 

Lowell city, for the support of sundry State paupers and 

funeral charges, 1730 80 

Maiden, for the support of William Granger, Nicholas 
Francis, Deborah Saco, Sarah Branard, Mary Conley, 
Betsy Hewse, WiUiam Lathan, and Ellen More, and 
funeral charges, 104 05 

Milford, for the support of Phillip Cilly and wife, and 

Henry Burley, 33 21 

Marblehead, for the support of Seth Brown, Charles 
Brown, Jeremiah Jarvis, Martha, Lydia, and John 
Jarvis, William Campbell, John Campbell, James Sil- 
ver, and John Swasey, 70 50 

Marshfield, for the support of John Quacko and Phebe 

Quacko, 40 15 

Manchester, for the support of James Abbot and Joseph 

B. Wheaton, 40 15 

Med way, for the support of Rebecca Ashur and son Henry, 6 49 

Medford, for the support of Michael Farrol, Frances Mor- 
gan, John Mahoney, and John Adams, 36 26 

Mendon, for the support of William G. Riley, James Ken- 
nada, Ann Salisbury, Christopher Salisbury, Freelove 
Salisbury, Hannah Salisbury, Francis Salisbury, John 
Benway, Matilda Benway, John Benway, jr., and Ma- 
tilda Benway, jr., 15 91 

Millbury, for the support of Francis, Phidelia, Mary Ann 
and Sarah E. Prevv, Catharine Conway, John and Mar- 
tha Conway, 16 19 

Milton, for the support of John Drew, Archibald McDon- 
ald, Mary McGuire, Andrew McGuire, Caroline Rog- 
ers, Charles M. Briggs, Margaret Elliot, John Elliot, 
Thomas Evans, John Nudgar, Eliza Nudgar, James 
Nudgar, and Daniel Nudgar, 114 52 

Montgomery, for the support of Benjamin Spires, 9 69 

Monson, for the support of John Williams, Seth Thresher, 

Abiah Thresher, and Mowry Kimball, 79 80 

Middlefield, for the support of Patrick Murphey, 7 84 

Medfield, for the support of Edson D. Fales, 14 60 

Methuen, for the support of sundry paupers, and for the 
removal of Timothy D. Swan to the town of Verona, 
county of Oneida, and Slate of New York, 137 82 

35 



274 PAUPER ACCOUNTS. 

Middleborough, for the support of Elizabeth Briggs, Solo- 
mon and Anfiy Roberson, Mahals, Clarissa, Charles, 
Mary E. and Lydia Dick, and S. Dagg, |113 80 

Middlesex County, for the support of sundry idiots and in- 
sane persons in the receptacle for lunatics, within the 
precincts of the House of Correction, 495 13 

Mount Washington, for the support of Henry Tyler, 25 55 

Natick, for the support of Francis Thompson, Rachel 

Thompson, Emily Thompson, and Martha Thompson, 38 24 

Needham, for the support of John Wilkins, Elenor Low- 

ry, and Mary Brown, 5 87 

Newbury, for the support of sundry State paupers, 205 37 

Newburyport, for the support of sundry State paujiers, 723 06 

New Marlborough, for the support of Abigail Huntley, 
Eliza, Amanda, John, Laray, Levi and Grove Huntley, 
Edmund Williams, and Hannah Prentice, 127 75 

Newton, for the support of William Pickering, George 

French, and Ellen Ward, 55 74 

New Bedford, for the support and burial of sundry State 

paupers, 1276 06 

Northampton, for the support and burial of sundry State 

paupers, 26 58 

Northborough, for the support of Jacob West, 25 55 

Northbridge, for the support of John Leach, Clarissa 
Hawkins, Josejih Salisbury, Christopher F. Salisbury, 
Freelove C. Salisbury, Caroline F. Salisbury, and Jesse 
Bolster, 

Norton, for the support of Ann Williams, 

Norwich, for the support of Ruth Sanford, 

Nantucket, for the support and burial charges of sundry 
State paupers, 

Orleans, for the support of Rebecca Fairchilds, 

Otis, for the support of Sampson CufF Cambridge, and 

Abigail Havvley, 52 64 

Oxford, for the support of George B. Thomas, James 
Jemima, Elizabeth Arnold, and James Thomas, an in- 
fant, Nancy, Charles, and John Hugan, Ann Hefferon, 
Ellen Elizabeth, and Ann Maria Hefferon, Martha 
Ward, and Ellen Ward, 92 09 

Palmer, for the support of Nancy Wallace, John Noland, 
Cornelius Collins, Moses Marsh, Amos Brown and 
wife, 112 42 

Pawtucket, for the support of Thomas Barnes and wife, 
Mary Ann Ban, Rose McKim and three children, and 
Katharine Hambleton and two children, 92 33 

Pembroke, for the support of Mary Gifford, Billy Sambo, 

James Hogle, and Calista Peirce, 62 28 

Pittsfield, for the support and funeral charges of sundry 

State paupers, 425 54 

Plymouth, for the support of John McRope and Lewis 

Francis, 36 11 



27 


26 


14 


60 


25 


55 


285 


94 


8 


92 



PAUPER ACCOUNTS. 275 

Prescolt, for the support of Edwin Hymes, $14 60 

Provincetown, 5 00 

Quincy, for the support of Mary Durant, Rebecca Man- 
chester, James Roberson, James Prescott, Margaret 
Butler, Benjamin Childs, and Mary Burgan, 74 51 

Randolpfi, for the support and funeral charges of sundry 

State paupers, 168 73 

Rehoboth, for ihe support of Lucy Kelly, Nancy Hill, 
Clara Lamar, Hannah Gardner, Deriah and Andrew J. 
Hill, Daine Boston, Sarah Ann McAstor, Mariah 
Hathaway, Mary Peirce, and Susan Boston, 161 54 

Rochester, for the support of Peter Pedro, Merable Pedro, 

and Peter Jones funeral charges, 79 34 

Russell, for the support of Abner Clark, Sally Morey, and 
Norman Sears, 

Richmond, for the support of sundry State paupers, 

Roxbury, for the support of sundry State paupers, 

ditto, for the removal of Martha Mclntire, 

Salem, city of, for the support and funeral expenses of 
sundry State paupers, 

Salisbury, for the support of James Watts, 

Sandisfield, for the support of Cesar Shelton, Chloe Shel- 
ton, Henry King, Malissa King, Nancy Titus, Alfred 
Titus, David Austin, Phillis Dick, and Susan Titus, 

Sandwich, for the support of Susan Barney, 

Seekonk, for the sup})ort of Jaly Hagracy, John Hagracy, 
Joanna Metarte, John Metarte, Mary Ann Chadwick, 
and George Ballard, 31 50 

Sheffield, for the support of Sarah Turner, Nathan Tyler, 
James E. Steener, William, Margaret, Edward, Peter 
and Mary Funk, Francis Johnson, and Henry Ferris, 77 82 

Sharon, for the support of Edward and Betsy Ellis, 51 10 

Shirley, for the support of Olive, Sophia, Martha A., 
Sally, Susan and Elizabeth Freeman, Benjamin F. 
Mitchell, Andrew and Simeon Grigger, Jane Cooley, 
Rebecca Hartwell, and Sophrona Grigger, 129 35 

Shelburne, for the support of Mary Bates, 25 55 

Shutesbury, for the support of John Venauler and wife, 

Michael and wife, and Peter Severance, 110 18 

Southwick, for the support of Chester, Alvira, Elicta and 
A lava Drown, and Drown, 

Somerset, for the support of Polly Hill, 

South Reading, for the support of Catharine Campbell, 
George and Benjamin Campbell, 

Southampton, for the support of Henry Ross, 

Spencer, for the support of Henry W. Worthington, Pe- 
ter Burchame, Frederick, James and Henry Bur- 
chame, 33 79 

Springfield, for the support and funeral expenses of sundry 

State paupers, 287 58 



76 


65 


185 


96 


499 


81 


3 


57 


968 


19 




98 


178 


45 


25 


55 



11 


67 


25 


55 


32 


15 


7 


21 



276 PAUPER ACCOUNTS. 

Stonebam, for the support of Nancy Freeman, $25 55 

Stoughton, for the support of Isaac Williams, 25 55 

Sterling, for the support of Clarissa and Charles Onslow, 29 20 

Stockbridge, for the support of Dorcas Ulster, Mary Dun- 
can, Samuel Raihburn, Hiram, (colored,) and Jane 
Bates, 106 50 

Sturbridge, for the support of George Thompson, Rhoda 
Thompson, Samuel Weldon, John Jackson, and Bar- 
tholomew Obrian, 118 02 

Sudbury, for the support of William H. Harington, 9 31 

Sutton, for the support of James Cannon and James Nor- 

bury, 36 22 

Swansey, for the support of Timothy W. Brion, Rebecca 
Perry, Lucy Walkins, Isaac G. Perry, Judy Macarty, 
Thomas Crank, and Abby Watson, 142 92 

Taunton, for the support and funeral expenses of sundry 

State paupers, 866 54 

Topsfield, for the support of Phillis Emerson, Mary, 

James, Thomas and William Arnold, 93 70 

Tolland, for the support of Joel Rodman, Sarah, Abigail 

and William Rodman, 20 70 

Townsend, for the support of Jack Hall, 25 55 

Tyngsborough, for the support of Daniel Cross, 14 60 

Tyringham, for the support of Pamelia Filley, Benjamin 
Rogers, Polly Rogers, Charles S. Fox, Jacob Van 
Dusan, Titus Freeman, and Zilpha Freeman, 124 91 

Upton, for the support of Mary Bryant, Oliva Hendreck, 

Julia Hoit, and Fayette Hoit, 52 20 

Uxbridge, for the support of George BuUard, Thankful 
Pratt, John Benway, Catharine Benway, John Benway, 
Jun., and Matilda Benway, 42 65 

Waltham, for the support of Daniel North, Elizabeth 

Heathcott, and James Bucannon, 52 04 

Walpole, for the support of George Manter and George 

Bullard, 27 51 

Ware, for the support of Thomas Dennison and Caroline 

Olney, 51 10 

Wareham, for the support of Martin Grady, David Smith, 

and S. P. Smith, 36 61 

Washington, for the support of sundry State paupers, 1 34 29 

Westborough, for the support of Sally Gigger, Deborah 
Brown, Elizabeth Brown, Caroline, Leburtes, Charles 
F. and Albertina Eastman, 58 72 

West Springfield, for the support and funeral charges of 

sundry State paupers, 249 93 

Watertown, for the support of sundry State paupers, 279 40 

Way land, for the support of William Henry Brown, and 

William Can, 89 

Warren, for the support of Jerry Conner, Mary, Lucy 
and John Conner, John, Mary, Lucy and William 
Fale, 35 64 



PAUPER ACCOUNTS. 277 

Williamstown, for the support of Charles Winaky, Hannah 
Whipple, George Stearns, John Henderson, Rachel 
Galatea, Ann and Abel Berry, Cecelia Cape, Mary 
Warner, and Ishmael Titus, $173 49 

VVilbraham, for the support of John Amidon, Mary Wal- 
ker, Eunice Davis, Rodney Greenwood, Robert Tafts, 
Carlin Rood, Henry Brass, and Henry Jones, 204 40 

West Stockbridge, for the support of Lucy Lane, Charles 
H. Lyons, Charles Losee, John, Catharine and An- 
drew Sullivan, Henry Darling, and William Brown, 69 51 

Weston, for the support of Elizabeth Spatrel, and John 

Parsons, 21 55 

Weymouth, for the support of Bridget Carney, Thomas, 
Sarah, Mary Ann and Susan Carney, Elizabeth, Eliza- 
beth, 2d, and Henry Lavvler, Betsy Berkley, James 
Robinson, George W. Perrigo, Mary A. Perrigo, and 
Lydia Perrigo, 124 53 

Wendell, for the support of Lydia Holland, and funeral 

expenses, 13 12 

Webster, for the support of Anna Jordon, William Oliver, 
Pheba, Thomas, Dennis, Dian, Pensul, William and 
Marcus Arnold, 31 77 

Williamsburg, for the support of Samuel Bamforih, Betsy, 
Martha A., James W., Sarah M., William C, and 
Cornelius O. Bamforth, 124 10 

West Newbury, for the support of Jonathan Stevens, 

Michael Delane, and Charles Smith, 44 42 

Westport, for the support of Mary Jennings, Thankful 
Nickerson, Mary Ann Sucernish, Charles B. Hayden 
and wife, Mary C. and Benjamin F. Hayden, 75 46 

Whateley, for the support of Paul M. Coy and Jesse Jewitt, 43 19 

Westfield, for the support of Eleazer and Betsy Harris, 
Asenah Lane, Hepsebath Brewer, Betsy Rose, Ed- 
mund M. French, Laura Chapen, Lois Baker, Lysan- 
der G. Watson, Rufus, Ruth and Nancy Moorey, Re- 
becca, John, James, Sally and Elizabeth Jago, 335 80 

Worcester, for the support of sundry State paupers, 293 55 

Wrentham, for the support of Samuel CufFee, John, Cath- 
arine, John, Jr., and Matilda Benvvay, and John Bell, 16 13 

Yarmouth, for the support of William Freeman Peters, 14 60 

$44,049 99 

[For the resolve which authorized the payment of the preceding 
pauper accounts, beginning at page 268, see a resolve of March 20, 
at page 254.] 



278 



MISCELLANEOUS ACCOUNTS. 



MISCELLANEOUS ACCOUNTS. 



Roll of Accounts audited and allowed by the Committee on 
Accounts, agreeably to an order of the Senate and House of 
Representatives, of the seventh day of March, one thousand eight 
hundred and forty. 



[See Resolve of March 24, at page 259.] 



John B. Hall, for the Boston Weekly Magazine, 

Ellis & Bosson, for the Yankee Farmer, 

B. H. Crandon, for the Plymouth Rock, 

E. G. Robinson, for the Norfolk Democrat, 

William Canfield, for the Fall River Patriot, 

David Reed, for the Christian Register, 

William W. Wheildon, for the Bunker Hill Aurora, 

" " " advertising, 

Caleb Foote, for the Salem Gazette, 
Moses Brewster, for the Newbury port Herald, 
Dutton & Wentworth, for the Daily Evening Transcript, 
William Ives & Co., for the Salem Observer, 
Proprietors of the Cultivator, for the Cultivator, 
E. F. M. Gray, for the Ipswich Register and Lynn Free- 
man, 
Henry Tilden, for the Gloucester Telegraph, 
Richard Haughton, for the Atlas, 
SafFord & Taggart, for the Essex Banner, 
Charles N. Woodbury, for the Salem Advertiser, 
Albert Morgan, for the Bay State Democrat, 
George Russell, for the Abolitionist, 
Nathaniel Willis, for the Youth's Companion, 
" " " Recorder, (Boston,) 

The proprietor of the Nantucket Inquirer, for said paper, 
Charles Brooks, for twine, 
Charles Stimpson, Jr., stationary for the Senate, 



Loring & Eayrs, 



Treasurer's office. 
Secretary's " 
the Senate, 
Adjutant General's 



Oliver C. Greenleaf, for " 

Loring & Eayrs, " " 

office, 

S. B. Pliinney, for the Barnstable Patriot, 

Proprietor of New York Mirror, for the same, 

Charles Stimpson, Jr., for parchment for the Secretary's 
office, 

Charles Stimpson, Jr., stationary for House of Represent- 
atives, 

George W. Bazin, for the Trumpet and Universalist 
Magazine, 

Joseph Breck & Co., for the New England Farmer, 



|29 76 

82 19 

9 68 

11 04 
4 50 

10 07 
6 75 

2 50 
38 90 
10 50 
35 14 

3 34 
25 80 

4 82 

5 75 
387 26 

18 50 

18 00 

517 95 

6 81 

12 87 
58 96 

8 00 

3 75 

102 74 

53 14 

230 08 

62 73 

41 50 

6 00 

23 50 

227 50 

28 71 

36 34 

110 75 



MISCELLANEOUS ACCOUNTS. 



279 



William Nichols, for the Christian Watchman, 
W. A. Hawley, for the Hampshire Gazette, 
Proprietors of Boston Investigator, for the same. 
Palfrey & Chapman, for Essex Register, 
Piielps & Ingersoll, for Gazette and Mercury, 
Boston and Wesleyan Association, for Zion's Herald, 
Jonathan Buffum, for Lynn Record, 
R. S. S. Andros, for New Bedford Register, 
P. Allen, Jr. & Son, for Pitlsfield Sun, 
James B. Dow, for Christian Witness, 
Proprietor of the World of Romance, for the same, 
W. A. Bryant, for Barre Gazette, 

R. Gourgas, " Concord Freeman" proprietor, for Con- 
cord Freeman, 
Loring &L Eayrs, for stationary for House of Representa- 
tives, 
John S. Knowlton, for Worcester Palladium, 
G. B. Wheeler, for repairs, &c., on the State House, 

D. Safford & Co., for blacksmiths' work. 
Haven & Breed, for painters' work, 

Enoch H. Snelling, for cleaning windows, &,c., 

William Greenough, for hardware, 

Benjamin Stevens, Sergeant at Arms, for balance of his 

account, 
Benjamin Lindsey, for advertising the Laws, 
T. W. & J. Butterfield, for National ^gis, 

E. F. W. Gray, for advertising Laws, &c., 
Thomas F. Norris, for Olive Branch, 

J. Farmer, for Hingham Patriot, 
A. L. Gushing, for Boston Republic, 
W. W. Clapp, for Evening Gazette, 

" " advertising, 

" " " &c., 

" " Evening Gazette, 

Samuel Bowles, for Springfield Republican, 
Edmund Anthony, for Bristol County Democrat, 
D. Clapp, Jr., for M. and S. Journal, 
S. R. Hart & Co., for Independent Messenger, 
Proprietor of Boston Notion, 
Calvin Torry, for Westfield Spectator, 
Sleeper, Dix & Rogers, for Mercantile Journal, 
Proprietors of the Centinel and Gazette, 
J. M. Earle, for Worcester Spy, 
Benjamin Lindsay, for advertising, &c.. 
Palfrey & Chapman, for Essex Register, 
William B. English, for advertising, 
Caleb Foote, for Salem Gazette, 

" " " Mercury, 

Royal L. Porter, for American Traveller, 



i61 


67 


4 


50 


3 


96 


20 


00 


2 


31 


27 


60 


11 


52 


3 


81 


1 


15 


12 


00 


16 


00 


1 


80 



6 90 

613 86 
3 50 

546 02 
56 57 
46 65 
42 20 

32 93 

797 36 

33 34 

2 25 
23 16 
41 25 

75 
23 60 
68 25 

3 00 
16 67 
19 50 

4 50 
15 37 

3 34 

30 69 

14 25 

226 63 

18 67 

345 21 

324 70 

28 67 

18 25 

33 17 
35 66 

34 67 
34 67 

317 11 



$33 


42 


787 


50 


321 


98 


112 


32 


24 


17 


33 


66 


17 


66 


30 


11 


66 


32 


30 


37 


29 


07 


21 


00 


12 


00 


29 


16 


335 


66 



280 MISCELLANEOUS ACCOUNTS. 

John S. Knowlton, for Worcester Palladium, 

Beals & Greene, for Morning Post, 

Proprietors of the Boston Courier, 

Richard Haughton, for the Atlas, 

S. C. & E. Mann, for publishing Laws, 

Charles Woodbury, for Salem Advertiser, 

J. Taylor, for Springfield Gazette, 

John H. Harris, for Essex Gazette, 

Leonard Huntress, for Lowell Courier and Journal, 

T. W. & J. Butterfield, for National iEgis, 

Tripp & Pratt, for Fall River Monitor, 

Winthrop Atvvill, for Northampton Courier, 

W. W. Whieldon, for Bunker Hill Aurora, 

Israel Amsbury, for Taunton Whig, 

Proprietors of the Daily Advertiser, 

David Murphy, for services as messenger to the House of 

Representatives, 170 00 

Timothy Hays, for services as page to the House of 

Representatives, 82 00 

Alexis Pool, for services as doorkeeper to the House of 

Representatives, 160 00 

Abiel Holt, for services as assistant to the Sergeant at arms, 170 00 
Elijah W. Cutting, for services as messenger to the House 

of Representatives, 170 00 

William Brown, for services as assistant to the Sergeant 

at arms, 170 00 

E. W. Palmer, for services as assistant messenger in the 

House of Representatives, 170 00 

William Augustus Sanger, for services as page to the 

Senate, 
Milton Hall, for services as doorkeeper of the Senate, 
Benjamin Stevens, Sergeant at arms, for Clerk hire, 
Calvin Torrey, for Westfield Spectator, 
Apollos Munn, for the Hampshire Republican, 

$9,507 46 

A. Watson, for Lowell Advertiser and Lowell Patriot, 8 99 

" " for advertising laws, resolves, &c., in Lowell 

Advertiser and Lowell Patriot, 1839, 46 32 

Proprietors of the Centinel &, Gazette, for advertising 

laws, resolves, &c., 40 00 

$9,602 77 



80 


00 


170 


00 


10 


00 


2 


22 


3 


37 



CORONERS' ACCOUNTS. 281 



PAUPER ACCOUNTS. 



Scituate, for the support of Polly Griffin, Zelpha Scott, 
Hiram Freeman, James Townsend, Roxanna Freeman, 
Rebecca Faircliild, James Freeman, Daniel Jones, 
Ochal and Delilah Nott, and George McLean, ^^136 58 

Proprietors of Gayhead, for the support of Thomas Morse, 25 65 



$162 13 

EXPENSES FOR THE SMALL POX. 

New Bedford, for nursing, medical attendance, 
and other expenses, for 28 State paupers sick 
with the small pox, 5^451 17 

To the funeral charges of 9 persons, 45 00 



496 17 



Longmeadow, for the expenses for William Beadsly, 

while sick with the small pox, 63 00 



|559 17 

CORONERS' ACCOUNTS. 

jared Ingersoll, for the expense of interring the body of 

a stranger, and other expenses, 9 00 

John Cook, for taking an inquisition, and funeral ex- 
penses of the body of Jacob Colby, 23 60 

Thomas Needham, for taking an inquisition, and funeral 

expenses of the body of Gersham Wentworth, 11 90 

John Cook, for taking an inquisition, and funeral expenses, 

of the body of two strangers on Plumb Island, 20 00 

u (( u It c( tc (( Y7 25 

" " " " in Newbury, 25 88 

" " " " on Plumb Island, 24 50 

Samuel Veale, for taking an inquisition, and funeral ex- 
penses of the body of Levi Hatch, 23 78 

Henry I. Turner, for taking an inquisition, and funeral 

expenses on sundry State paupers at Cohasset beach, 28 00 

Wales Tilden, for taking an inquisition, and funeral ex- 
penses for the bodies of nine State paupers, 48 00 

William Andrews, for taking an inquisition, and funeral 
expenses for the bodies of John Dailey and Thomas 
Smith, 34 95 

Mace Smith, for taking sundry inquisitions, funeral ex- 
penses, &c., 70 76 

Jabez Pratt, for taking sundry inquisitions, and funeral ex- 
penses, &c.. Ill 04 
36 



282 AGGREGATE. 

Ebenezer Shute, for taking sundry inquisitions, and funeral 

expenses, &c., ^90 57 

Samuel Hobart, for taking sundry inquisitions, and funeral 

expenses, &c., 46 96 

Joseph Stovvers, for taking an inquisition, and funeral ex- 
penses on the body of John Writs, 17 00 

H. G. O. Ellis, for taking an inquisition, and funeral ex- 
penses on the body of a State pauper, 9 00 

Williann H. Mosely, for taking an inquest, and funeral ex- 
penses of the body of Ellen Leighton, 19 94 

$632 13 
Joint Standing Committee on Charitable Institutions, for 
the expense of attending and visiting the Hospital at 
Worcester, 38 00 



AGGREGATE. 

Paupers, ------ $162 13 

Expenses for small pox, - - - - 559 17 

Coroners, - - - - - 632 13 

Joint standing committee on charitable institutions, 38 00 

Miscellaneous and printers' accounts, - - 9,602 77 

Military accounts, audited by the Adjutant General, 1,903 91 

$12,898 11 



MILITARY ACCOUNTS. 



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EXPENSES FOR THE SMALL POX. 291 



PAUPER ACCOUNTS. 

[See Resolve of March 24, at page 259.] 

Dracut, for removing Josiah W. Coburn to the State of 

New Hampshire, ^9 26 

EXPENSES FOR THE SMALL POX. 

City of Salem, for the expenses of sickness of sundry- 
state paupers from August, IS30, to and including 
January, 1840, and funeral expenses, 204 73 

Springfield, for the expenses of a house used as a Hospital 
for the accommodation of sundry persons sick with the 
small pox, 50 00 

^263 99 



GOVERNOR'S ADDRESS. 



Representatives' Chamber, Jan. 22, 1840. 

At 12 o'clock, noon, the Senate and House having assembled in 
Convention, His Excellency the Governor came in, preceded by 
a Joint Committee of the Legislature, and accompanied by His 
Honor the Lieutenant Governor, the Honorable Council, and 
Officers of State, and delivered the following 

ADDRESS: 

Fellow Citizens of the Senate and 

of the House of Representatives, — 

Annual In obedience to the declared will of the people of this Common- 

Message, wealth, I enter upon the duties of the office of their " Supreme 
Executive Magistrate." And I seize the earliest opportunity to 
express the feelings of gratitude, with which their unsought suffiages 
have filled my breast. But I should do them, as well as my dis- 
tinguished predecessor, injustice, did I impute their choice to per- 
sonal preference. Their purpose was higher and holier. It was 
the better establishment and the more perfect development of a great 
principle of civil polity — a principle founded in humanity, guided by 
benevolence ; and looking to the ever progressive improvement and 
happiness of the whole human family — the democratic principle, which 
ever seeks to protect the weak, to elevate the depressed, and to 
secure the just and equal rights of all — a principle, which is in har- 
mony with pure religion, that establishes tlie love of God as the first 
law of morality — a principle, which, by listening to the voice of 
reason as it breathes through the people, bows reverently before the 
dictates of justice, while it spurns at the despotism of man — a prin- 
ciple, which gives the highest security to property, by giving securi- 
ty also to labor, in the enjoyment of the fruits of its own industry — 
a principle, which is free from envy and narrow jealousy, and cheer- 
fully acknowledges the benefits of cultivated intelligence and of ex- 
perience, while it respects, as the paratnount fountain of freedom 
and order, the collective will that includes all the intelligence of the 
community, — the will of the people. 



GOVERNOR'S ADDRESS. 293 

That so many of my fellow-citizens have, for so long a time, 
thought me worthy to be, in their judgment, the representative of 
such a princij)le, excites the deepest sensibility of my heart. II 1 
may be able, in any degree, to carry it into practical operation, by 
reforming any abuses which may have crept into our system, or by 
guarding against the partial or inequitable action of any department 
of the government, I trust that I shall not wholly disappoint their 
reasonable expectations. Fidelity to the principle, and the devotion 
of my best powers to its full and fair execution, I freely pledge. 
In fulfilling this pledge with firmness and moderation, I shall always 
endeavor duly to regard the wishes, opinions, and rights of all. 

We should not assume the high responsibilities of our respective 
stations, without a grateful and reverential acknowledgment of the 
unmerited mercy and bounty of that Providence, which has vouch- 
safed to the people of our Commonwealth an unusual degree of 
health and prosperity, and to the whole of our country a great abund- 
ance of the productions of nature and art. Never before did the 
earth, throughout our widely-extended borders, in all its various 
products yield so much for the use and sustenance of man. And if 
portions of our fellow-citizens are suffering from pecuniary embar- 
rassments or a derangement of the usual channels of business, it is 
not imputable to any diminution of the exuberant resources of our 
country, nor to any radical defects in the structure of our govern- 
ment, but to the unjust and unequal action of our systems of cur- 
rency ; to that wild and reckless spirit of speculation which dis- 
courages honest industry, and impoverishes many, while it enriches 
very few ; and to those habits of individual extravagance which 
wastefully consume the common stock, while they produce private 
profligacy and wretchedness. The benignant action of the laws of 
nature should teach us our dependence upon their Author ; and the 
short-sighted and self-destructive devices of man should lead us to 
distrust our own powers, and to seek direction from the only source 
of true wisdom. 

There is no branch of sovereign power more important, or more 
difficult to be exercised, than the regulation of the currency. It 
extends to all the relations of life, and reaches the personal interest 
of every man in the community. The great and leading object of 
government ever should be, to establish and maintain a uniform and 
unchangeable measure of value. Every change in the common 
standard of value, whether it be caused by acts of the govern- 
ment, or of individuals, creates injustice. It affects inequitably all 
the relations of society, and infringes private rights. Every contract 
should be considered inviolable. Its obligation was deemed worthy 
of the special guaranty of the Constitution of the United States. 
And yet every change in the currency, by increasing or diminishing 
circulation, essentially varies the obligations of contracts, and un- 
righteously affects the relation of debtor and creditor. An inflation 
of the currency diminishes the value of the circulating medium, 
enhances prices, and thus enables the debtor to discharge his debts 
with less intrinsic value than he contracted to pay. So a contraction 



294 GOVERNOR'S ADDRESS. 

produces an opposite effect, and enables a creditor to collect, for his 
debts, a greater value than he agreed to receive. These two con- 
flicting interests would seem to balance and to neutralize each other. 
But in their influence upon society, such is not the fact. Debtors, 
especially those deeply involved, are stimulated to make strong 
efforts to inflate the currency, that they may have the benefit of 
enhanced prices, and extinguish their obligations with the least pos- 
sible value ; while creditors and capitalists, often, deluded by the 
apparent increase of their wealth, support measures which, though 
they diminish the intrinsic value, yet swell the nominal amount of 
their property. 

Fluctuations in the currency excite a thirst for speculation, and 
furnish the means of its gratification. They stimulate an inordinate 
desire for the sudden acquisition of riches, and, by a few instances 
of success, divert many from the pursuits of honest industry. 
They produce habits of reckless extravagance and wasteful profli- 
gacy. And, what is most of all to be regretted, the consequent 
depreciations and losses fall principally upon those who did not con- 
tribute to create them, and who, by the very nature of their useful 
occupations, are deprived of the power of guarding against their 
injurious and unjust effects. 

It should, therefore, be the high aim and the unceasing effort of 
government to protect its members from such calamities. The 
difficulty of the duty has been felt in all civilized society, and under 
every form of government. But the nature of our complicated 
system adds new obstacles to its successful accomplishment. Twen- 
ty-six sovereignties, acting independently of each other, under very 
httle restraint from the common government, and influenced by 
different interests and circumstances, can hardly be expected, m 
creating and maintaining a currency which to some extent should be 
common to all, to act with unity of purpose and harmony of meas- 
ures. Even some degree of emulation to increase the circulation, 
which it should be the duty of each to restrain within reasonable 
limits, will naturally if not necessarily arise. 

These complicated difficulties were understood and fully appre- 
ciated by the patriotic statesmen who formed our federal Constitu- 
tion. Their minds had been awakened to the momentous impor- 
tance of the subject, by the distress and embarrassment in which a 
fluctuating and depreciating paper currency had involved both gov- 
ernment and people. And when, in an organic law of the body 
politic, they had empowered the general government " to coin 
money, regulate the value thereof, and of foreign coins," and had 
forbid any State "to coin money, emit bills of credit, or make any 
thing but gold and silver a tender in payment of debts," they sup- 
posed that they had invested the former with all the authority neces- 
sary to the proper administration of this branch of sovereign power ; 
and had imposed upon the States all the restraints compatible with 
their sovereign and independent characters, and all that would be 
needed to secure the people against a recurrence of those abus e 
and evils from which they had suffered so much. But it is very 



GOVERNOR'S ADDRESS. 295 

manifest, that in the practical construction and operation of these 
provisions, all the benefits which were expected from them have not 
been realized. Although the several States are prohibited from 
emitting "bills of credit," yet practically they have the power of 
incurring debts and of issuing evidences of them, which answer 
some of the purposes of a circulating medium, — and of establishing 
banks with authority to issue bank notes, which constitute a large 
portion of our currency. 

These powers possessed by the several State sovereignties, re- 
quire, in their exercise, forbearance, caution, moderation and patri- 
otism. Although a system of credit is indispensable in every civi- 
lized community, and especially among a mercantile and enterprising 
people, yet its utility depends upon its proper regulation and restric- 
tion. And while government should preserve its purity, by defining 
individual liabilities and contracts, and securing their prompt and 
faithful fulfilment, it should leave the system itself to private respon- 
sibility and enterprise. Any direct interference, by the government, 
in ordinary business transactions, either by participating in the 
profits, or by granting to individuals immunities or privileges, is an 
interruption of that free and equal competition which should be open 
to every individual, and a departure from that even-handed justice, 
which, like the blessings of Heaven, should descend alike upon all. 
In a country like ours, where a spirit of daring adventure carries our 
people beyond their means, and stimulates them to stretch credit to 
its utmost tension, a system of restriction and moderation, rather 
than encouragement and stimulation, should be recommended. 

The experience of all ages and nations shows, that no circulating 
medium can be established and maintained at a unilbrm rate, unless 
it possess intrinsic value. Any other will inevitably depreciate. 
Neither the firm resolves of patriotic communities, nor the legisla- 
tive enactments of free republics, nor the imperative edicts of 
despotic power, can sustain any other standard of value. The laws 
of trade can no more be controlled than the laws of nature. 

It is the worst feature of unequal legislation, that while it creates 
separate interests, eager for its preservation and defence, it so infuses 
itself into the affairs of the community, that reform itself becomes 
painful, and a sudden change of policy proves disastrous, even to 
those whose wrongs it would redress. If a simple repeal of a bad 
law were sufficient to heal the evils that may have sprung from it, the 
work of legislation would be easy and agreeable. But experience, 
which has awakened public attention to the vices of our financial sys- 
tem, is obliged also to recognize its existence. Under the operation 
of this system, and notwithstanding its evils, we have grown in 
wealth, and have enjoyed an extraordinary degree of prosperity. 
The system has become incorporated into our code, affects all private 
contracts, and has an influence on all the business of life. Its sudden 
abolition would produce incalculable mischief, and greater injustice 
and suffering than that for which a remedy is sought. Besides, in 
the recent loss of credit, submitted to by many of the banks in the 
Union, the banks of IVlassachusetts remained true to their engage- 
ments. I therefore recommend no precipitate action ; I would coun- 



296 GOVERNOR'S ADDRESS. 

sel no rash change. For any fundamental action on this subject, I 
would even advise delay, till the measures of the general government 
with regard to the collection and disbursement of the national reve- 
nue shall be definitely settled. In return, I would call upon you all, 
by the importance of the subject, and the deep, long-continuing and 
increasing disasters that must follow a mistaken course, to join in 
preparing a wholesome reform, and in erecting stronger barriers 
against impending evils ; if, indeed, the banks which exist by grants 
from the legislature have not already grown too powerful to be con- 
trolled. 

If we carefully analyze the distresses which have pervaded our 
financial world, and search in our banking system for the radical in- 
firmities from which they have sprung, I believe they may nearly all 
be traced to two essential vices. The first is its character of mo- 
nopoly ; the second is its too wide expansion and departure from the 
specie basis, leaving not sufficient specie in circulation for the security 
of a uniform currency. 

A bank charter partakes of the nature of a monopoly. It confers 
powers and rights valuable to the corporators and important to the 
public, from the enjoyment of which others are excluded. The au- 
thority to issue paper promises for circulation, and to transact other 
business, "on banking principles," is one of the "particular and 
exclusive privileges, distinct from those of the community," which 
is an essential element of monopoly. Were these powers and privi- 
leges conferred only upon one individual or corporation, the exclu- 
sive nature of the grant would, at once, show its unreasonableness 
and injustice. The multiplication of charters and the compensation 
received for them, may diminish their character of exclusiveness, 
but will not change the nature of the grant. And while they may 
mitigate some of the evils, they will increase the strength and danger 
of others. 

A monopoly is, in the first place, an injustice ; it is counter to the 
democratic principle, which can alone give vitality to our institutions. 
A monopoly cannot rest on the doctrine of equality. It must, how- 
ever, be conceded that the profusion wiih which bank charters have 
been lavished, has, at least, taken from them any special value ; nor 
is it believed, that the regulation of the banking system by a general 
law, would create any large accession of competitors to the existing 
banks. The great evil of the monopoly, does not, in this Common- 
wealth, lie in the exorbitant value of the privileges conferred. But 
the act of special legislation, which creates a bank, does, in some 
measure, imply a pledge of the State in favor of the institution. The 
State calls it into existence. The men who contribute its capital, 
whether real or nominal, are not alone responsible for it. By grant- 
ing a charter to individuals, the State declares that, in the opinion of 
the legislature, the object of the corporators is praiseworthy, and de- 
serves encouragement. The consequence of this is obvious. The 
legislature continues the guardianship of the institutions which it cre- 
ates. Now, the true object of the legislature should be, not to favor 
the bankers, but to protect those who hold their promises. To this 
end, the legislature ought not to share the responsibility of creating 



GOVERNOR'S ADDRESS. 297 

them. If they must exist, let them spring up under the action of 
general laws ; and let the legislature select, for its special object, the 
enforcement of their contracts. The legislature ought not, directly 
or indirectly, to give its assurance that a promise on paper is really 
convertible into and equal to specie. If a bank issues such a pro- 
mise, let the bank see to it, that the promise be kept ; and let the 
legislature see to it, that neither corporation nor individual be allowed 
to break a promise with impunity. 

And here I cannot but express an apprehension, that all systems 
which, whether under a general law or under special acts, shall have 
the effect to pledge the faith or the opinion of the government, in 
favor of the responsibility of banks, will be essentially faulty. A 
general law compelling banks to deposite securities with an officer of 
the government, whether treasurer or comptroller, must have the 
effect to convey to the people the idea that the securities thus depo- 
sited are, in the opinion of the government, sufficient. If I am right 
in considering this indirect pledge of the public confidence, as one of 
the radical vices of our system, you will perceive that I cannot con- 
sistently recommend a system which would, it is true, change the 
form of the pledge, but would in reality renew it in a stronger form 
than before. A promise must rest on the ability of those who make 
it, and in the determination of the government to preserve the invio- 
labihty of contracts. The legislature ought to take upon itself no- 
thing but the preservation of that Inviolability, and for that reason 
ought not to be checked in its course by such sentiments as would 
naturally arise in behalf of institutions, towards which it had already 
shewn itself favorable, by departing from the rules of equality in cre- 
ating them. 

The vice of monopoly in our system has another evil. It sepa- 
rates the banks from the action of general laws, and binds them to- 
gether by the nature of special legislation, in giving to them peculiar 
privileges and interests. Nay, we have seen banks themselves hold- 
ing conventions and usurping the power to decide, when, and under 
what circumstances, they would recognize the validity of their own 
promises to pay on demand ; and, relying upon their claim for ex- 
emptions and indulgences, publicly discussing the policy of an honest 
fulfilment of their obligations. A strong, concentrated and united 
interest is thus made to operate, not only upon public opinion, but 
upon legislation itself. In proof that this has been the case, I need 
but refer to your own journals. While I perceive that the suspension 
of specie payments, by the banks, was, by a large majority, declared 
a breach of their charters, involving a liability of their forfeiture, it is 
with grief I read there a law justifying, on the part of the banks, the 
suspension of specie payments, by a virtual repeal of its penalties. It 
was enough for the public to have exercised a voluntary forbearance. 
If my view is just, it was the duly of the legislature, if it interfered 
at all, to have interfered for asserting the inviolability of contracts. 
But such is the vice of monopoly ; it wins to its defence the power 
that gave it being ; and all the interests involved in it, act with unity 
in protecting themselves against the laws, to which individuals cheer- 
fully submit. I am fully persuaded that there is danger that this 
38 



GOVERNOR'S ADDRESS. 

sympathy, on the part of the legislature, will continue till the charac-' 
ter of monopoly is done away. I have a conviction that ue never 
shall be safe against bank suspensions, till suspension and bankruptcy 
are held to be synonymous ; till the idea of bank conventions and 
bank concert be abandoned, and each bank shall for itself individual- 
ly resolve, always, honestly to keep its promises. It is so in the 
mercantile world. Each merchant acts for himself. In reference to 
this branch of the subject, the true remedy is obvious. By remov- 
ing the character of monopoly, each bank would lose the apparent 
endorsement of the Commonwealih, and would be thrown on its own 
resources to stand or fall as its own integrity might require. 

The second essential vice of our system — its great expansion, and 
the wide introduction of paper as tlie exclusive currency for sums as 
small even as one dollar — is one to which the attention of Massachu- 
setts ought especially to be directed. We are a manufacturing and 
commercial people ; and we have been suffering from a system of 
hostility to American industry. It is not when considered as a do- 
mestic question, that this evil in our banking system presents its 
worst aspect. It is when we contemplate our relation to foreign 
States, that we are made fully sensible of the cause of our sufferings. 
Our currency, except for the small sums required for change, is 
composed wholly of paper. Very little gold circulates among us. 
Even silver dollars have almost disappeared from the currency. 
Their place is taken by paper. Now tliis paper pretends to be con- 
vertible into, and equal to, specie ; but the experience of the few last 
years has proved, that, as an aggregate, it is not. The great expan- 
sion of the credit system raises prices to an unnatural height, — far 
exceeding what would be possible in countries like England and 
France, where gold and silver form so large a portion of the curren- 
cy. The foreigner is, therefore, by the instinct of interest, induced 
to flood this country with the products of foreign industry. What 
avails a tariff, even a high tariff, of protection .'' The unreasonable 
rise in prices more than countervails the imposts for revenue. At 
home, public opinion favoring a paper circulation, the paper remains 
in the hands of the people. The foreigner has less delicacy ; he 
converts his paper into specie and exports it. This always happens 
when a paper currency is redundant. Such a redundancy always 
occasions large importations from abroad, and the consequent export 
of the precious metals. This effect is as certain as the laws of na- 
ture. But worse follows. The export of the precious metals brings 
with it, of necessity, a contraction of the currency. Bills run home 
upon the banks ; prices fall ; collections are difficult ; and then, when 
our own merchants and our own manufacturers are suflering under the 
depression, and really need additional use of credit, far from being 
able to obtain it, they find the banks tliemselves entering the money 
market, and instead of being money lenders, borrowing for their own 
purposes all the funds they can reach. The pressure from which 
we have just been suffering for months, grew out of the fact, that 
banks of very large capitals, in some of the commercial cities, as well 
as many banks in the interior, were earnestly seeking to boi'row. 
The merchant, the manufacturer, were driven from the competition 



GOVERNOR'S ADDRESS. 299 

by the banks themselves. So dangerous are banks of circulation ! 
So fraught with jieril is exclusive reliance upon paper, for the cur- 
rency ! Its influence is baneful to American industry, and it brings 
the greatest distress upon those who rely upon it the most. 

The consideration of these fatal consequences to domestic indus- 
try and personal credit, has led many to the apprehension that the 
use of a paper currency, for the purposes of ordinary circulation, is 
attended with more evils than benefits ; and that banks have tlieir ap- 
propriate office in facilitating the larger exchanges of commerce, rather 
than in furnishing a circulating medium for the smaller payments of 
business. Without attempting to decide the abstract question, it is 
now an acknowledged truth, sanctioned by men of business of the 
most opposite political sentiments on other subjects, that our system 
of paper circulation has been carried too far. Perhaps it will seem 
to you the dictate of prudence to await the action of the federal gov- 
ernment on the revenue system, before attempting a reform ; but I 
cannot forbear expressing to you n)y belief, that the suppression of 
small bills and the consequent supplying of their places with gold and 
silver in the hands and in the pockets of the j)eopIe, would essentially 
diminish the dangers of bankruptcy on the pait of the banks, and of 
losses on the part of the people ; would protect the public against the 
evils of depreciated currency, and lessen the chances of loss to the 
stockholders in the existing banks. Above all, it would have a ten- 
dency to give stability to our manufactures, and, in connexion with the 
independent treasury, would found their prosperity on a rock. 

It is in this view tbat 1 regard tlie great and leading measure of the 
present national administration, as fraught with benefits to the whole 
Union ; but most of all, to Massachusetts. The protection afforded 
by a high tariff, smugglers will evade, or inflated prices will render 
nugatory. A moderate revenue, steady prices, cash duties, these 
are the true safeguards to domestic industry. Should the system of 
the independent treasury be established, its beneficial effects will 
raise to its support the voice and the convictions of the shrewd, intel- 
ligent and sharp-sighted manufacturers, whose industry and skill are 
the just pride of New England. 

We have been elected, and are now assembled, to transact the 
business and promote the welfare of the Commonwealth. Collect- 
ively, we represent the whole people, and it should be our chief duty 
to make laws for the benefit of the whole. Our legislation, like light 
and air, and the dews of heaven, should fall equally upon all. A 
recurrence to our legislative history will show how small a proportion 
of our labor is given to the jiublic, and how much to individuals. Of 
the nine hundred acts which were passed in the last four years, seven 
hundred fall under the denomination of " special laws," while not 
over two hundred were " general laws." And, as might naturally 
be expected, a still greater proportion of the resolves are of a private 
nature. There are undoubtedly cases involving private interests, 
which deserve and should receive the attention and the action of the 
legislature. But surely it should not be our principal employment to 
enact "special statutes." It also appears, that some of the private 
acts are passed for the purpose of exempting particular cases from the 



300 GOVERNOR'S ADDRESS. 

operation of general laws. I need not suggest that such legislation 
is fraught with danger. This body is not I'avorably constituted for 
the investigation of private claims, and is liable to be misled by the 
representations and importunities of individuals complaining of the 
unjust and severe application of general rules. In "a government 
of laws," the laws themselves should be general and just, and should 
be allowed to have a free and equable course, uninterrupted by the 
interference of any department of government. 

Of the special acts above referred to, more than one half relate to 
corporations. One of the vices of the present age, stimulated by 
extravagance, and a thirst to acquire property without earning it, is 
a desire to transact ordinary business by means of charters of incor- 
poration. These are supposed to possess advantages and to confer 
facilities for the transaction of business and the acquisition of wealth. 
They are often used for purposes of speculation, and sometimes of 
deception and fraud. It may well be doubted, whether they bestow 
the benefits expected from them. But if they really do confer 
"particular and exclusive privileges," it constitutes the strongest ob- 
jection to their enactment. 

Municipal, parochial, literary, benevolent and charitable incorpo- 
rations, are sometimes necessary and useful. But to corporations 
for the purpose of holding and managing property, there are many 
objections. They change the nature of property, converting real 
into personal. They injuriously affect the matrimonial relation, de- 
priving the wife of her right of dower. They affect the modes of 
conveyance, avoiding the publicity of the county registry. They 
diminish the liability of the partners for the debts of the company. 
And they create a kind of mortmain inconsistent with the spirit of 
our laws and the genius of our government. The prohibition of en- 
tailments, and the equal distribution of property, are essential to a 
democratic government. I wish they were incorporated into our 
Constitution. Re-establish entails and the right of primogeniture, 
and I should despair of the continuance of our government. 

Perpetuity is said to be one of the attributes of a corporate body. 
Its members are continually changing, but its legal entity and ten- 
dency remain the same ; and, unless it be limited in its charter or 
meet an unusual termination, it will live forever. 

Property thus holden in perpetual succession, cannot come under 
the full operation of our statute of distributions. The stock may be 
distributed, and new stockholders introduced ; but the corporation 
remains unchanged, continuing to hold the corporate property, and 
to pursue the end of its creation, unaffected by the mutation of its 
component parts. 

Corporations, as such, are not responsible for crimes. They can 
be reached only through their members and officers ; a remedy not 
co-extensive with the evil, and always resorted to with reluctance. 
Corporations have no moral responsibility. The responsibility for 
acts of the corporation is so divided among its members, and so cov- 
ered with the corporate shield, as to lose most of its power. Acts 
of incorporation vest the control and management of masses of prop- 



GOVERNOR'S ADDRESS. 301 

erty, and of extensive business, on which many may depend for 
subsistence, in a few persons, who, without tlie restraint of self-in- 
terest or individual responsibihty, use the means in their hands for 
the accomphshment of objects, from wliich, as private citizens, they 
would shrink. Special charters, therefore, should be granted only 
for public purposes, beyond the ability of individual efforts, and 
when the public exigencies require that private property should be 
taken for public uses. If facilities for combined action in ordinary 
business transactions, be deemed necessary or useful, they should be 
created by a general law, like the law of limited partnerships, which 
should be alike accessible to all; and of which every joint stock 
company might avail itself, without requiring the agency of the legis- 
lature. 

Among the prominent objects of enterprise, which have engaged 
the attention of the American people, and which, with their usual 
ardor, they have carried to excess, that of internal improvements 
takes the lead. The labor and capital which, in the half century 
that has elapsed since the formation of our federal Constitution, have 
been expended, within the United States, upon turnpikes, bridges, 
canals and rail-roads, amount to several hundred millions of dollars. 
Many durable and useful improvements have been made. The 
country has derived advantages from them. Its permanent wealth 
has been increased. But with the benefits, evils also have arisen. 
Much capital has been wasted upon injudicious and improvident un- 
dertakings. And the spirit of enthusiasm which has been excited in 
favor of these enterprises, has, not infrequently, outrim the public 
wants, and anticipated a state of things which never will exist. Con- 
sequently, the advantages to be derived from these premature devel- 
opments, will fail to counterbalance the evil of the immense debts in- 
curred. 

Not the least of the causes of the frequent embarrassments in our 
monetary affairs, in my opinion, is the enormous investments of cap- 
ital in permanent and unproductive improvements, and its conse- 
quent withdrawal from active business. The debts of the different 
Slates, incurred mostly for internal improvements, amount to nearly 
two hundred millions of dollars. These, by the annual payment of 
the interest, and the eventual extinguishment of the principal, a large 
portion of which must be paid in Europe, will, for many years, cause 
an exhausting drain of the wealth of our country, which will produce 
a deleterious effect upon its credit and currency, and retard its ad- 
vancement and prosperity. 

Among the States which have incurred, and are now subject to 
heavy responsibilities, I mention with sorrow our own ancient and 
venerated Commonwealth. I regret that private resources were not 
adequate to the accomplishment of the enterprises which private cor- 
porations had undertaken. Many objections to this mode of em- 
barking the credit or the resources of the State, exist. All experi- 
ence has shown the disadvantages under which a government enters 
into business transactions of any kind. The number and expense of 
its agencies, and the negligence, unskilfulness or unfaithfulness of its 



302 GOVERNOR'S ADDRESS. 

agents, always expose it to loss. It never can compete with indi- 
vidual shrewdness and diligence. Hence, any partnership or other 
business connexion between the government and individuals or cor- 
porations, is unequal and disadvantageous to the State. It generally 
results in the payment of the expenses by the one, and the enjoy- 
ment of the advantages by the other. 

In States where, from their natural formation, internal improve- 
ments may be extended over every portion of their surface, and 
where their benefits may be shared, with some degree of equality, by- 
all the people, less objections exist to their construction at the pub- 
lic expense. But in this State, where the laws of nature forbid a 
general and equal distribution of internal improvements, and where 
their advantages must necessarily be, to a great extent, local and sec- 
tional, the construction of them by the State would impose unequal 
and unjust burdens. It would be to raise money from the whole to 
be expended for the benefit of a part. It would be impoverishing 
one section to enrich another. And this is true to some extent of 
every expenditure not made for the general and equal benefit of all. 
The common objects are (ew^ and easily understood. The support 
of the government in all its branches ; the prompt and impartial ad- 
^ ministration of justice, including sufficient physical force to ensure 

the faithful execution of the laws, the support of free schools, and 
the promotion of good education, are the principal common objects 
which should be a common expense. 

But, as far as the faith of the Stale has been pledged, no one will 
be so recreant to its honor as to hesitate to fulfil, punctiliously, every 
valid engagement which has been made in its behalf. The assess- 
ments which may be laid upon the stock holden by the State, must 
be promptly met. But it is confidently believed, that every grant 
has been made which will be needed to complete the enterprises our 
predecessors deemed worthy of the public patronage. The liabili- 
ties involved in these grants, including the subscription for the stock 
in the Western Rail-road, may amount to more than five millions of 
dollars ; the annual interest upon which, including the incidental ex- 
penses of payment, would not j)robably fall short of three hundred 
thousand dollars ; a general liability and a yearly claim, which, 
should they become fixed upon the Commonwealth, would constitute 
a lien upon all the immoveable property within it, that would ) ercep- 
tibly impair its value. I earnestly desire that each corporation to 
which the credit of the State has been accorded, may be able to 
meet all its engagements, and in due lime to relieve the State from 
the responsibilities thus gratuitously assumed. But it is the part of 
wisdom and prudence to look carefully into the nature and extent of 
our liabilities, and to make preparation in season, and in the least 
burthensoine manner, to meet any contingency which may arise, and 
to preserve unsullied the honor and faith of the Commonwealth. 

The State, by its responsibilities for several rail-road corporations, 
has acquired such an interest in their success as will justify an inves- 
tigation of their afiliirs, to ascertain whether a due regard to the in- 
terest of the State and to economy, has been observed in the num- 



GOVERNOR'S ADDRESS. 303 

ber o^ officers and agents employed, in the compensation paid to 
them, and in the manner of making assessments upon the capital 
stock. 

The fiscal condition of the Commonwealth will require much of 
your providence. I have just presented, for your consideration, the 
coniingent liahilities of the Commonwealth. I now ask your atten- 
tion to its direct debts, and recommend the earliest extinguishment 
of them which may be compatible with the pecuniary means and 
resotnxes of the State. A reform in the administration of our finan- 
ces is indispensable to our prosperity and respectability. For seve- 
ral years our expenditures have exceeded our revenue ; and conse- 
quentlv a debt has been accumulating, which, if suffered to increase 
in the same ratio, will eventually involve our State in deep embar- 
rassment, and subject ourselves or our posterity to onerous taxation. 
We present the extraordinary spectacle of a State, rich in its in- 
ternal resources, in the treasures it draws from the ocean, in the ac- 
cumulated capital of many years of labor and economy, in the habit- 
ual industry and frugality of its inhabitants, and in the export of the 
surplus of its fisheries and manufactures — narrow and compact in its 
territory, dense in its j)opulation, advanced in civilization and in 
moral and intellectual refinement, with the most facile and conve- 
nient means of intercommunication — in short, so surrounded with 
natural and artificial advantages, as to be capable of the best possible 
government at the least [)ossible expense — during a period of peace 
and productiveness, annually incurring debts to meet its current ex- 
penses. Fellow Citizens, duty to our constituents, justice to pos- 
terity, demand a reform. Our means of raising money are ample 
and available. Whatever hereafter may be needed to pay our ex- 
isting debts or eventual liabilities, should be fearlessly called for. 
The people, if convinced of the necessity and economy of the ex- 
penditure, will honorably respond to the call. But they have a right 
to require strict economy and accountability. And, in my opinion, 
a resort to taxation is wholly unnecessary. Our present revenue is 
amply sufficient to meet all our necessary expenses. Let retrench- 
ment be a substitute for taxation. Our expenditures have been unne- 
cessarily large. Let them be diminished. Economy, though more 
difficult to be practised, is a high virtue in public administrations, as 
well as in private life. It should be a fixed principle in both, to 
keep down the expenses below the income. The cost of adminis- 
tering our govei'nment has been progressively increasing, and in the 
last fifteen years has more than doubled. It should be reduced. In- 
crease is more easy than reduction. But retrenchment is practicable 
and must be introduced. The peo])le, as they have a right to do, 
imperiously require it. Look into the different sources of expendi- 
ture. If any are excessive, reduce them ; if any are unnecessary, 
cut them off. If there be any supernumerary officers, or any agen- 
cies or commissions not immediately necessary for the public good, 
abolish them. If any of the public servants are paid too much, re- 
duce their compensation. True economy requires, that the State 
should employ no more agents than are needed for the proper trans- 



304 GOVERNOR'S ADDRESS. 

action of the public business, and that they should receive a com- 
pensation which will command suitable talents, and will be a fair 
equivalent for the services rendered. But, let nothing be added for 
vain show or ostentatious display — nothing on account of family or 
friends ; noihing for political services or partizan efforts. 

And let us set an example ourselves, by the promptness with 
which we enter into business, and the despatch with which we con- 
clude it. Let our efforts be mainly directed to general subjects 
which affect the whole people, and let us avoid that special legislation 
which principally regards the interest and advancement of a few. In 
this way we may reduce the length of our session, and thereby save 
much expense, without any injury to the public service. Indeed, 
too much legislation, and too much government, are among those 
tendencies of the age against which it is our duty to guard. If I 
may be supposed to have gone out of my appropriate sphere in mak- 
ing these suggestions, I must seek an apology in the earnestness of 
my desire to reduce our expenses to our income, and in the firmness 
of my conviction, that it is neither impracticable nor difficult to do so, 
and not in any distrust of your disposition to accomplish the same 
end. The subject falls peculiarly within the province of the legisla- 
ture, and especially the most numerous branch of it, the members of 
which, from their number, must be presumed to represent more fully 
and truly the whole population, and to know and feel more thoroughly 
and certainly their wishes and wants. I will therefore only add, that 
such measures of retrenchment and reduction as your experience and 
wisdom may suggest, whatever branches of the service or classes of 
public servants they may affect, shall receive my cordial concurrence. 

The vacancy on the bench of the Supreme Judicial Court having 
reduced the number of justices to foin-, I recommend to the legisla- 
ture the repeal of the law increasing the number. From a good deal 
of experience in our highest court, and much observation of the pro- 
ceedings of other judicial tribunals, I am convinced that no other 
number unites so many advantages for the due administration of jus- 
tice as four. For centuries, the highest courts of law, in that coun- 
try whence we derive many of our laws, and more of our judicial 
precedents and forms of proceeding, were composed of four justices 
each And although the numbers have recently been increased, yet 
I believe it was not because the former numbers were inconvenient 
for deliberation or decision. The duties of the supreme judicial 
court are now arduous and severe. But, by a proper distribution of 
labor between that court and the common pleas, and by a reasonable 
restriction of the right of appeal, the two courts will be able to trans- 
act the business that may come before them, with all the promptitude 
which the nature of it will permit. 

It is, in my opinion, practicable to reduce the number of the 
judges, to diminish the amount of their labor, and, at the same time, 
to improve the administration of justice. But, to accomplish these 
desirable objects, it will be necessary to introduce into the judicial 
system some important alterations. The increase of the exclusive 
"urisdiction of the common pleas, might afford some relief to the 



GOVERNOR'S ADDRESS. 305 

higher court ; hut it would he, at hest, only an imperfect and tempo- 
rary expedient. I think a deeper and more radical change is needed ; 
a change which will not relieve one court at the expense of the other, 
but will lighten and facilitate the business of both. Let original and 
concurrent jurisdiction in all real actions, and in all personal actions 
where the damages claimed exceed five hundred dollars, (or such 
other sum as the legislature may judge best,) be conferred on the 
two courts ; let exclusive jurisdiction in all other actions, not cogni- 
zable by a justice of the peace, be conferred on the common pleas, 
and let appeals from all judgments, on questions of fact, be abolished. 
It is not intended hereby to restrict the removal of all questions of 
law, by appeal or exceptions, as heretofore practised. Tliese alter- 
ations would, in my opinion, not only lessen the heavy burdens of the 
supreme court, but would greatly expedite the collection of debts> 
and essentially diminish the delay and expense of litigation, which 
now, to poorer parties, amounts almost to a denial of justice. 

The right to two trials by jury of the same question of fact is 
peculiar to this country, and liable to many objections. It impairs 
the respect which is due to the decisions of juries. It presents the 
absurdity of giving full effect to the second verdict and treating as a 
nullity the first, when both are rendered before courts perfectly com- 
petent to conduct the trials, and by juries supposed in law to be 
equally capable of deciding correctly. But jurors, though drawn 
from the same source, are not always equal in experience or intelli- 
gence ; and it often happens that the verdict of the most competent 
jury is set aside, at the will of an interested party, while that of the 
subsequent one, though less competent, must be conclusive. The 
disclosures of the first trial present to the parties strong temptations, 
in preparing for the second, to tamper with witnesses and to resort 
to other corrupt and dangerous practices. 

We have for so long a time, and with such a degree of success, 
practised upon our present system, that we have become wedded to 
it, and are not sufficiently aware of its vices. The integrity of our 
population may, measurably, have protected us from its evil tenden- 
cies. But there is danger that they will increase. That corruption 
has sometimes been successfully resorted to, cannot be doubted. 
We have, however, the consoling belief, that it has been very lim- 
ited. But as, from its nature, it must be shrouded in secrecy, the 
extent of it cannot be known. Even the apprehension of such a 
danger is sufficient to justify the removal of the cause of it. I am 
for these reasons of opinion, that, with proper precautions against 
accident or surprise, and with suitable provision for new trials, when 
new evidence may be discovered, the right of appeal from the de- 
cision of a question of fact may safely and wisely be abolished. I 
therefore recommend the amendments, the oudine of which I have 
suggested. The two courts, composed of four justices each, with 
the above distribution of powers and duties between them, would 
constitute as perfect a judiciary as, in our situation, " the lot of hu-* 
manity will admit." 

The power " to raise and support armies," and " to provide for 
organizing, arming and disciplining tlie militia," is vested in Congress. 
39 



306 GOVERNOR'S ADDRESS. 

But, in relation to the militia, the several States, by the constitution 
and laws of the United States, possess a most important branch of 
the power. And if this arm of our defence, which, on trying occa- 
sions, has stood the country in so much stead, is to be preserved 
and improved, it must be by the action of the State legislatures. It 
is a source of deep regret and mortification, that the state and organ- 
ization of our militia are so imperfect. For some time, its progress 
has been that of deterioration, instead of iinprovement. I therefore 
recommend a careful and thorough revision of the whole system. 
Something should be done to improve the organization and discipline 
which it needs, and to equalize the duties and burdens which it im- 
poses. By enrolling, arming and equipping all within the prescribed 
ages, by requiring the principal duties, and the highest discipline from 
select corps, and by granting them a moderate compensation, which, 
ifitdidnot remunerate them for their services, would reimburse 
their expenses, it is believed the whole system might be improved, 
and something like justice done to that body of patriotic young men 
who form the bone and muscle of the physical power of the country. 

No government can maintain order, enforce its laws, and punish 
crimes, without some physical force to which it may resort in case 
it becomes necessary. Its existence may be sufficient without its 
use. A knowledge that such a force is ready to be called into 
action, when required by the civil authority, carries with it a moral 
power which gives potency to the wand of the civil officer, and, in 
almost all cases, supersedes the necessity of a resort to physical 
coercion. This force must consist of a standing army, or of the 
militia. That citizen soldiers are to be preferred to professional 
mercenaries, and that effective measures to maintain the one so as to 
leave no occasion to resort to the other, should be adopted, no friend 
of our free institutions can doubt. 

The education of the people is a subject which has commanded 
so much of the public consideration, and been so often and so ably 
presented to successive legislatures, that it will not fail to command 
your earliest attention and most anxious deliberations. Its impor- 
tance in a democratic government, which must be sustained by the 
intelligence and virtue of the people, cannot be too highly appreci- 
ated. The system of free schools, which has been transmitted from 
generation to generation, has improved in its progress, and is now in 
a high degree of perfection. But it is capable of still further im- 
provement. Recently, great labor has been bestowed upon and 
great advancement made in some departments of education. But 
the very improvements in the higher branches, and in the more ele- 
vated seminaries, excite the ambition and engross the attention of 
those most active in the cause of education, and thus expose the com- 
njon schools to fall into neglect and disrepute. To arouse that 
strong and universal interest in them, which is so necessary to their 
utility and success, (an interest that should pervade both parents and 
children,) the responsibility of their management should rest upon the 
inhabitants of the towns. And the more immediately they are 
brought under the control of those for whose benefit they are estab- 
lished, and at whose expense they are supported, the more deep and 



GOVERNOR'S ADDRESS. 307 

active will be the feelings engendered in their favor, and the more 
certain and universal will be their beneficial agency. In the town 
and district meetings, those little pure democracies, where our citi- 
zens first learn the rudiments and the practical operation of free in- 
stitutions, may safely and rightfully be placed the direction and the 
government of these invaluable seminaries. In my opinion, the main 
efibrts and the most unceasing vigilance of the government should be 
directed to the encouragement of the primary schools. These are 
the fountains whence should flow the knowledge that should enlighten, 
and the virtue that should preserve, our free institutions. Let them 
ever be kept free and pure. 

The instruction of the common mind should be the common con- 
cern. Let the whole people be educated and brought up to the 
standard of good citizens and intelligent and moral members of soci- 
ety. Let the government care for those who have no one else to 
care for them. The poor, the weak, the depressed, and the neg- 
lected, have the greatest need of the protecting arm and the succoring 
hand of the Commonwealth. Let the children of such be deemed 
the children of the republic, and furnished with suitable means of in- 
struction, that their powers, mental and physical, may be developed, 
and they be converted into ornaments and blessings to tlie commu- 
nity. Let the town schools be open to all, and made so respectable 
and so useful, that all may desire to enter them. The district school, 
properly governed and instructed, is a nursery of democratic senti- 
ments. It strikingly illustrates the fundamental principle of our gov- 
ernment. There, before the pride of family or wealth, or other 
adventitious distinction has taken deep root in the young heart, as- 
semble upon a ])erfect level, children of all circumstances and situa- 
tions of life. There they learn that rewards and honors do not 
depend upon accidental advantages, but upon superior diligence, 
good conduct and improvement. There they have practically writ- 
ten upon their tender minds, too deeply to be obliterated by the 
after occurrences and changes of life, the great principles of equal 
rights, equal duties, and equal advantages. 

It is the illumination of the universal mind that is the sure founda- 
tion of democracy. It is the elevation of every rational soul into 
moral and intellectual consciousness and dignity, that is to carry 
onward improvements in our social and civil institutions. To this 
end should be directed the highest aims and efforts of the legisla- 
ture. 

Our Bill of Rights enjoins "a constant adherence to the princi- 
ples of piety, justice, moderation, temperance, industry and fru- 
gality," as " absolutely necessary to preserve the advantages of 
liberty and to maintain a free government." These are general 
duties prescribed, and general ends recommended, rather than par- 
ticular directions to be executed by positive enactments. These 
virtues may be inculcated and encouraged by the general tendency 
of our legislation, but cannot be enforced by specific penalties. 
They should form the spirit of our legislative action, and give char- 
acter to our laws. They should govern our private conduct and 
public duties. " The people ought to have a particular attention to 



308 GOVERNOR'S ADDRESS. 

all these principles in the choice of their officers and representatives ; 
and they have a right to require of their lawgivers and magistrates an 
exact and constant observance of them, in the formation and execu- 
tion of the laws." These monitions and injunctions, deemed, by 
our ancestors, worthy a place among our fundamental laws, cannot 
be too sacredly regarded by magistrates and people. 

The manner in which these virtues may be promoted, by public 
authority, must depend on the nature of the government and the 
state of society. Some governments have prescribed the cut of 
the hair and the fashion of the dress. Others have regulated regi- 
men and diet, and established the prices of articles of consumption. 
But such sumptuary regulations are supposed by many to interfere 
with private pursuits, and to be inconsistent with the principles of a 
free government. 

In the early settlement of our country, and in the primitive state 
of its manners, it was supposed that piety and religion might be 
aided and advanced by establishing a particular mode of worship, by 
compelling all to contribute towards its support, and by coercing, 
under legal penalties, a universal attendance upon it. But, as we 
advanced in moral improvement, and in a knowledge of individual 
rights and of the principles of toleration, it was found that these 
compulsory regulations infringed the rights of conscience and the 
freedom of religious worship. And it seems now to be universally 
conceded, that the only wise and safe mode of promoting religion 
and piety, is to secure to each individual the most perfect liberty to 
worship God according to the dictates of his own conscience, leav- 
ing him to his own responsibility and convictions of religious duty. 

No one of the virtues above recommended meets with more 
universal approbation, or is more difficult to maintain, than temper- 
ance. The baleful influence of the opposite vice, so degrading, so 
destructive of every manly and honorable sentiment, is univer- 
sally acknowledged and dreaded. And yet so strong is its hold 
upon the sinful propensities of our nature, that it could never yet be 
totally eradicated. Reason, virtue, affection, all fall before it. In the 
suppression of intemperance, much of individual and of combined 
effort has been made. At first, reasoning, example, and moral sua- 
sion, were relied upon ; and extraordinary and unexpected success 
crowned the labors of those who had so zealously engaged in the 
enterprise. The use of spirituous liquors had greatly diminished, 
and the desired reform promised to be eminently successful. But 
recently the movement in some places has been retrograde. And it 
cannot be disguised that the consumption of alcoholic liquors has 
been greater, during the last year, than in any one of several preced- 
ing years. To what cause shall this unfavorable reverse be imputed ? 
Many suppose that it is owing to the act of 1838, " to regulate the 
sale of spirituous liquors," and to the excitement and prejudice 
growing out of that statute and the attempts to enforce it. While 
the advocates of temperance confined their labors to argument and 
example, to public lectures and private admonitions, their progress 
was rapid and steady. But, when they called to their aid constraint 
and legal coercion, ihey roused a spirit of independence and resist- 



GOVERNOR'S ADDRESS. 309 

ance, — a determination not to yield to any interference, supposed or 
real, wiili individual rights, personal habits, or private business, 
which counteracted their benevolent intentions, and rendered abor- 
tive their philanthropic efibrts. 

The statute, too, has proved ineffective. In a government so 
popular in all its attributes, as ours, laws which run counter to the 
opinions or interests, to the prejudices or sober convictions of large 
portions of the people, cannot be fully and fairly executed. Wit- 
nesses are reluctant to disclose the whole truth, and jurors are 
unwilling to convict. The one will find an excuse for the imperfec- 
tion of his recollection, and the other for his distrust of the proof, 
in the unreasonableness of the law, and the injustice of a conviction 
under it. The numerous attempts to enforce this statute, have 
involved the Commonwealth in great expense ; have induced many 
to palter with their obligations of duty ; and have brought distrust 
upon the purity of our judicial proceedings. 

From the most careful observation of the operation of this statute 
in different parts of the State, and from the most mature considera- 
tion of the subject, I am constrained to believe, and am fully con- 
vinced, that it has failed to promote the objects for which it was en- 
acted ; has produced in its administration much moral and political 
evil, and has disturbed the peace and good order of society by the 
discord and animosity which it has engendered among the people. I 
therefore recommend its repeal. I hope your wisdom and experi- 
ence will suggest such a substitute as will not be supposed to inter- 
fere with the pursuits and employments of individuals ; as will tend 
to allay the existing excitement, and promote the cause of temper- 
ance and good morals. 

The costs of criminal prosecutions have greatly increased, and 
become a heavy item in our annual expenditures. The statute, the 
repeal of which is above recommended, has largely contributed to 
swell the amount. This cause of expense, I trust, will be re- 
moved. And I cannot doubt that, in some other respects, the ad- 
ministration of criminal law may be improved and rendered less 
expensive. 

The dispensation of justice and the support of paupers having no 
settlement in any particular town, is the proper duty and the proper 
charge of the Commonwealth. Any attempt to avoid either, by 
transferring the expense of the former to counties, and the latter to 
towns, will not diminish the public burdens, but will throw them 
upon those who ought not to bear them, and will relieve the whole 
at the expense of a part. Like any other unequal and arbitrary 
apportionment, it would operate unrighteously and oppressively. 

Our criminal code, in the progressive improvements it has re- 
ceived, is now characterized by its humanity, as well as by its jus- 
tice. But it is, in my opinion, susceptible of still further and im- 
portant amendments. The lenity of punishments is one of the 
proofs of the improvement of the age. The number of crimes 
now by law punishable with death, is very small. And in my opin- 
ion public sentiment calls for a further reduction of it. The statis- 
tics of crime satisfactorily shew that the number of offences is not 



310 GOVERNOR'S ADDRESS. 

increased by the mitigation of punishments ; but, on the contrary, that 
crimes have diminished nearly in proportion to the ainelioration of 
criminal law. The legitimate object of human punishment is not 
the expiation of the offence, but the prevention of crime, and the 
security of the community. Any severity beyond what is required 
for this purpose savors of cruelty, and an unnecessary infliction of 
pain on our fellow-creatures. The severity of criminal laws renders 
their execution difficult, and thereby defeats the object of them. 
The certainty, rather than the severity, of punishment is the surest 
preventive of crime. The strong sentiment against the punishment 
of death, which pervades the community, renders capital convic- 
tions almost impracticable, and thus frequently enables great offen- 
ders to escape merited punishment. Many people doubt the right 
of human governments to take the life of a fellow-being for any 
cause, and believe that life, the immediate gift of God, that which 
cannot be restored by any human power, should not be destroyed 
by it. Without entering into this inquiry, but believing that the 
number of capital punishtnents may safely be reduced, if the whole 
may not be abolished, and that the most prudent and effectual way 
to correct errors or reform abuses, is by gradual and progressive 
steps, testing them by experience as we proceed, I recommend the 
substitution of a milder punishment than death, in most cases, — 
leaving the fit puni-hment of nmrder for the revision of future legis- 
latures. 

The insolvent law of 1838 has introduced a great change in the 
relative rights of debtor and creditor, and of the remedies for the 
collection of debts. We have not yet had sufficient experience to 
form an opinion of its operation and effect. Should it prove salu- 
tary and beneficial, I can perceive no sufficient reason why its pro- 
visions should not be extended so as to embrace all classes of 
debtors without regard to the amount of their debts or assets. No 
system of laws which treats poverty as a crime, or subjects honest 
debtors to imprisonment, like felons, can have its foundation in jus- 
tice, humanity or sound policy. If any further legislation be needed 
for the relief of the unfortunate, I trust that it will be discovered by 
your discernment, and supplied by your wisdom. 

" A frequent recurrence to the fundamental principles of the con- 
stitution," is enjoined upon us by the highest authority. At a time 
when factitious distinctions in society, arising from its very refine- 
ments, from education, from family, from social relations, and from 
wealth, are multijilying and becoming more clearly defined and re- 
garded, this will be peculiarly useful and necessary. An advance- 
ment in civilization, with its virtues and refined pleasures, brings also 
its vices and evil tendencies. Let us endeavor to purify and pro- 
mote the former, by repressing and restraining the rising indications 
of the latter. 

Our excellent constitution itself contains some defects and incon- 
sistencies. While in one section it declares that "all men are born 
free and equal," and that "the body politic" is a voluntary "social 
compact," to which "the whole people," and "each citizen," are 
parties ; in another it excludes a portion of them from any participa- 



GOVERNOR'S ADDRESS. 311 

tion in the election of officers, or the making of laws. He who is 
governed by laws, in the formation of which he had no voice, is in a 
state of political servitude. To make the right of suffrage, and civil 
liberty, depend upon the accident of property or taxation, seems to 
me to be inconsistent with the " natural, essential, and unalienable 
rights" of man ; to place the incident above the principal; and to 
regard the fortuitous and uncertain possessions of this life more than 
moral and intellectual responsibility. If the right of self-government, 
the right of suffrage, be a natural one, belonging to every rational 
being, there can be no just cause for depriving any citizen of it, ex- 
cept, perhaps, as a punishment for crime. As the qualification of 
voters is fixed by the constitution, this error, if it be one, can be 
fully remedied only by an amendment of that instrument. The 
legislature, however, may do much to prevent its exclusive operation, 
and to relieve citizens from being disfranchised by the negligence or 
fraud of subordinate town officers. Let the poll-tax be fixed so low 
that any one can easily pay it ; and let the assessors be required to 
include, in their respective assessments, every resident not legally 
exempted from taxation. 

Some further provisions seem to be needed to protect the laboring 
classes, and the poorer portion of the community, from unjust and 
oppressive influences, and to secure to thetn more perfect indepen- 
dence and freedom of political action. It is feared that men of 
wealth and extensive business sometimes use the advantages which a 
bountiful Providence has conferred upon them, above their fellow- 
beings, to infringe the right of choice, and to control the suffrages of 
those who may be dependent upon them for employment, and per- 
haps subsistence, but wlio, according to the principles of our govern- 
ment, are their political equals. The laborer, whether upon prop- 
erty of his own or of others, should be the truly independent man. 
He produces more than he consumes, and so far from being indebted 
for his support, he actually creates wealth. He in reality is no more 
dependent upon his employer, than his employer is upon him. The 
rights and obligations of the two classes are reciprocal and equal. 
And yet the dependence of the one upon the other, although iniagi- 
nary, is scarcely less effective or less the means of coercion and 
oppression than if it were real. The genius of liberty requires of 
every rational soul a free and honest expression of his unbiassed con- 
victions and volitions. And whoever would infringe this right, and 
corrupt, at its source, the freedom of elections, whatever other vir- 
tues he may possess, cannot be a real friend of the equal rights of 
man, nor a sincere supporter of the true principles of the govern- 
ment under which he lives. 

The secrecy of ballot, which should be inviolable, is frequently 
infringed. The appropriate use of the ballot is at the polls. I fear 
its peculiar province is not sufficiently understood or regarded. The 
private voter, who, in his original sovereign capacity, is responsible 
only to his conscience and his God for the discharge of his political 
duties, has a right to exercise their functions in peifect secrecy. 
But a representative or agent, being accountable to his constituents, 
is not entitled to the concealment of the ballot. The principals ought 



312 GOVERNOR'S ADDRESS. 

to be informed how their agents execute the authority conferred upon 
them, that they may know whether they are truly represented, and, 
if not, that they may call their delegates to a strict account. It will, 
therefore, be worthy of your inquiry, whether further legislation be 
not needed to give full and fair effect to the popular voice, by ren- 
dering more secure the secrecy of ballot. 

There is another fundamental defect in the " frame of our govern- 
ment," which calls for your serious consideration, and which can be 
remedied only by an amendment of the constitution. The basis of 
our senatorial representation is an extraordinary deviation from the 
essential principles of our government. It is not easy to account for 
the introduction of this anomaly. It may be, that in that early age 
of liberty, the doctrines of popular government were not perfectly 
understood, and that some of the learned men of our State, who had 
studied the constitutions of other governments, where "checks and 
balances" were deemed necessary to limit and restrain the action of 
the people, were led to believe that even a democratic government 
needed some kind of macliinery to prevent the too free action and 
the too full sway of the popular will. This basis is not only incom- 
patible with the principles of representative government, and of other 
vital parts of the constitution, but inconsistent with itself. By the 
last valuation, the city of Boston contained about one third of the 
taxable property in the State. It is not improbable, that, by the 
accumulation of capital, the enterprise of its citizens, and the advan- 
tages to be derived from internal improvements, it will soon increase 
to one half. Were the apportionment made upon the constitutional 
basis, this city would now be eniided to one third, and hereafter, per- 
haps, to one half of the senatorial representation. This would give 
to each qualified voter in the city many times the weight, in the 
election of senators, which any voter in other districts would have. 
Were this principle carried into practice, its injustice would be so 
manifest that the people would find a remedy for the evil. It would 
present the spectacle of a city, containing a few acres of territory 
and less than one eighth of the population of the State, with a nomi- 
nal valuation, but no actual taxation upon it, electing one third or one 
half of the representation in the upper branch of the legislature. 

If this be a provision of the constitution, why should it not be 
carried into operation ? I know of no constitutional objection to al- 
lowing to Boston the number of senators to which, upon the basis of 
taxation, it is entitled. It is true, the second section of the first 
chapter limits the number of districts to thirteen, and prohibits the 
formation of any district so large as to be entitled to more than six 
senators. But there is no interdiction of the division of counties or 
other territorial corporations. The legislature may create two towns 
out of one, to give effect to a legal apportionment. But they can- 
not sever a town, annexing one part to one district and the other 
part to another district. The manner of calling and holding town 
meetings, and of receiving and returning votes, presents an insupera- 
ble obstacle. But in a city no such obstacle exists. " The man- 
ner of calling and holding public meetings " and "of returning the 
votes " is not prescribed by the constitution, but expressly referred 



GOVERNOR'S ADDRESS. 3lS 

to the legislature. They have power to authorize the ward officers 
to return the voles to the Secretary of the Commonwealth, as well 
as to hold meetings and receive the votes in the respective wards. 
I cannot therefore discover any practical or constitutional objection 
to the division of Boston, by wards, into as many senatorial districts 
as may be necessary to enable it to enjoy the representaiion to 
which, by the Constitution, it is entitled. With the best lights which 
I have been able to derive from a careful study of the structure of 
our government, and from the most mature deliberation I have been 
able to bestow upon the subject, I cannot bring my mind to the con- 
clusion, that the present apportionment is in conformity to the true 
construction of the Constitution. And, much as I deprecate the 
principle, if it be not repudiated by the people, I can do no less 
than desire to have it fairly executed. I have introduced this sub- 
ject and presented these views, in the hope that they may produce 
some immediate action, favorable to a more equal and just principle 
of senatorial representation. 

Strong objections to the constitution of the House of Representa- 
tives, also exist. But they spring from a different source. The 
size of that body is a subject of general complaint. While I would 
retain a numerous House, that it might preserve its dem.ocratic char- 
acter, and be a full and true representation of the opinions, wishes, 
wants, and interests of the whole people, I cannot doubt, having re- 
gard to our population and our limited territory, that the present 
number is too large, and that a smaller body would be not only less 
expensive, but better adapted to deliberation and the transaction of 
the public business. I therefore hope that some mode of represen- 
tation will be devised, which will be founded on the principle of 
equality, and reduce the House to a convenient size. 

In executing the power vested in the legislature to propose amend- 
ments to the Constitution, the members act as the agents of the peo- 
ple. And it is their obvious duty so to propose them, as to give the 
fairest, the fullest, and freest expression to the popular voice. Every 
proposition should therefore be plain, intelligible, and untrammelled 
by any condition or connexion with any other matter. To connect 
two amendments so that they cannot be voted upon separately, limits 
the citizen's freedom of action ; indicates an attempt by the agents 
to impose restraints upon their principals, and manifests a want of 
confidence in the people. 

I have not deemed it expedient to delay this communication, till I 
should be able to enter more fully into details of the affairs and ordi- 
nary business of the Commonwealth. These will be communicated 
from time to time, as occasion may require. 

I have now presented to the two branches of the legislature, my 
views of such important subjects as will be likely to engage and will 
deserve their attention. I have done it fiankly, and from a sense of 
duty. T have a strong conviction of their soundness and truth. 
But I dare not hope that they will receive the approbation of all of 
you. I only claim for them that consideration, and that regard, to 
which their weight and merits may entitle them. And I only ask for 
myself, what I most cheerfully concede to others, — credit for sin- 
40 



314 MESSAGES. 

cerity, integrity of purpose, and a desire to serve and promote the 
interest, prosperity, and honor of the Conimonweahh. From an 
honest difference of opinion, I anticipate no want of harmony of 
action. Be assured that when called upon to revise your acts, I 
shall do it with a high regard to your opinions, and with all the def- 
erence which is due to the co-ordinate departments of the govern- 
ment. And whatever you may do to improve the condition or 
promote the happiness of our common constituents, shall receive 
my cordial approbation. 

MARCUS MORTON. 
Council Chamber^ January 22, 1840. 



SPECIAL MESSAGES, 

COMMUNICATED TO THE LEGISLATURE DURING THE SESSION. 



NO. I. 

To the Senate : 

I herewith transmit to the honorable Senate, for the information of 
the two Houses, the following documents, viz. 

1. The reports of the trustees, treasurer and superintendent of the 
State Lunatic Hospital. 

2. The reports of the board of inspectors, warden, physician and 
chaplain of the State prison. 

3. Report of the bank commissioners. 

4. The annual report of the adjutant general, on the state of the 
militia. 

5. The report of the land agent, with the petition of sundry set- 
tlers on the public land therein referred to. 

6. The report of the commissioners appointed in pursuance of a 
resolve in relation to Boston harbor, passed April 9, 1839. 

The above named documents being all transmitted in the original, 
it is respectfully requested that they may be communicated by the 
Senate to the other branch of the Legislature. 

MARCUS MORTON. 

Council Chamber, 2Sth January, 1840. 

NO. II. 

To the House of Representatives : 

I herewith transmit to the honorable House, for the use of the 
Legislature, the following documents, viz. 

1. The report of the board of education, with the reports of their 
secretary and treasurer. 

2. A letter from the consul of the United States at Paris, relative 
to the acknowledgment and authentication of deeds in foreign coun- 
tries. 



MESSAGES. 315 

3. The report of the commissioner for the agricultural survey. 

4. A report relative to tlie arrangement and preservation of the 
archives of the Commonvvealih. 

5. The report of the commissioners appointed under a resolve 
" relating to the accounts and expenditures of the Commonwealth," 
passed April 20, 1834. 

6. Report of the surveyor, in relation to the progress of the State 
map. 

These documents beino- transmitted to the House in the origin- 
al, it is requested that they may be communicated to the other 
branch of the Legislature. 

MARCUS MORTON. 

Council Chamber, January 29, 1840. 

NO. III. 

To the Senate : 

I herewith transmit to the honorable Senate, for the information of 
the two Houses, resolutions of the general assembly of the State of 
Missouri, " in relation to the public lands ;" of the legislature of the 
State of Maine, " relating to the public domain ;" of the legislature of 
the State of Ohio, "approving the course of the general government 
and the authorities of Maine, in relation to the north-eastern bounda- 
ry ;" of the legislature of the State of Missouri, " respecting sla- 
very ;" of the legislature of the State of Vermont, relative to the 
disiribution of the proceeds of the public lands among the several 
States ; of the legislature of the State of New Jersey, in relation to 
the election of members of Congress in that State, and to the right of 
certain persons to seats in the house of representatives of the Uni- 
ted States ; — and a communication from the governor of the State of 
New York, transmitting a copy of an act of the legislature of that 
State, " to authorize the arrest and detention of fugitives from justice 
from other States and territories of the United States." 

MARCUS MORTON. 
Council Chamber, January 30, 1840. 

NO. IV. 

To the Senate and House of Representatives : 

The two Houses are respectfully informed that Major General 
William H. Mosely, of the fourth division of the militia, tendered his 
resignation, and was honorably discharged on the third day of May 
last, and that the office of major general of that division remains 
vacant. 

MARCUS MORTON. 

Council Chamber, January 31, 1840. 

NO. V. 

To the Senate : 

I herewith transmit to the Senate, for the information of both 
Houses, the annual report of the commissioner of Marshpee, and 
communications from the agent of Warren Bridge, concerning the 
condition thereof. 



316 MESSAGES. 

These documents are transmitted to the Senate in the original, 
and it is respectfully requested that they may be communicated to 
the other branch of the Legislature. 

MARCUS MORTON. 

Council Chamber, February 12, 1840. 
_ NO. VI. 

To the Senate and House of Representatives : 

I transmit to the Legislature, a copy of a report and resolutions 
adopted by the Legislature of South Carolina in relation to the con- 
troversy between the States of Georgia and Maine, growing out of 
a requisition of the executive of the former upon the executive of 
the latter for certain alleged fugitives from justice : also the last re- 
port of the trigonometrical surveyor, shewing the progress of the 
survey, and the prospect of the completion of the map of the State ; 
and a communication of the adjutant general, recommending the sale 
of the magazine on Pine Island in Roxbury, and a small tract of 
land "on the extreme point of South Boston," which was pur- 
chased by the State during the last war for purposes of defence. 
These documents are sent in the original to the House, with a 
request that they may be communicated to the Senate. 

The two Houses are also respectfully informed, that the office of 

major general of the fifth division of the militia has become vacant 

by the resignation and honorable discharge of Major General James 

D. Thompson, late commander of that division. 

MARCUS MORTON. 

Council Chamber, March 11, 1S40. 

_____ 

To the Senate : 

I transmit to the honorable Senate, for the information of both 
branches of the Legislature, a special Report which I have received 
from the board of bank commissioners. The document is trans- 
mitted in the original, and it is requested that it may be communi- 
cated to the other House. 

MARCUS MORTON. 

Council Chamber, March 20, 1840. 

NO. VIII. 

To the Senate and House of Representatives : 

Among the bills and resolves which have been received at the sec- 
retary's office, there are certain resolutions of the two Houses, entitled 
" resolves concerning the denial by the United States House of rep- 
resentatives of the right of petition ;" " resolves concerning the duty 
on salt, and the bounty to fishing vessels ;" " resolves concerning a 
national bankrupt law ;" and " resolves relating to slavery and the 
slave trade, and the admission of new States into the union." 

The mode of transmitting the acts of the two Houses does not in- 
dicate those upon which it is desired or expected, that the governor 
should exercise his revising power. This is left to be inferred from 
the nature of the acts themselves. Many declaratory resolves have 



MESSAGES. 317 

heretofore been passed without receiving the revision of the chief 
magistrate. 

Ahhough the constitution provides that "no bill or resolve" "shall 
become a law and have force as such," until it shall have been laid before 
the governor for his revisal, and although this revision seems to par- 
take of the nature of legislation, yet I believe the governor is never 
deemed a part of the legislature. 

The manner of choosing electors of president and vice president 
has been directed by the concurrent act of the two houses, without 
the approval of the governor. And United States senators are always 
so chosen. Both these are required to be done by the legislature. 
The power to revise implies the power to negative, and an executive 
veto of an expression of the opinions, or of the instructions of the 
legislature, would seen) to be unjustifiable and unauthorized. 

These resolutions do not prescribe any rules of action to be en- 
forced, nor do they assume to have the force of laws ; and whether 
they are declarations of the will or opinion of the legislature, or ad- 
vice or instructions to our senators and representatives in Congress, 
they do not, in my opinion, fall within my province or revision, and 
should I attempt to add to their force or validity, by giving to them my 
official sanction, I think it would be an assumption of power not del- 
egated to me. 

Although precluded from giving an official opinion upon these re- 
solves, I will avail myself of the occasion to declare my deep convic- 
tion of the unrighteousness of slavery, and my readiness to co-operate 
in any measures which are just and right in themselves, consistent 
with the national and State constitutions, and calculated to relieve any 
portion of the human family who are held in bondage. No member 
of either House holds the right of petition more sacred than I do, or 
is more ready to maintain it. The measures of Congress, referred 
to in the first-named resolutions, tend to inflame rather than allay ex- 
citement, and are, in my opinion, inexpedient and unjust, and were I 
in a situation to act upon them, I should deem it my duty to oppose 
them in the most effectual manner in my power. 

Being uncertain whether the two Houses desired or expected, that 
these resolves should receive the revision of the governor, I have 
thought that a proper respect for them required that I should com- 
municate to them the reasons why these resolves will not be found 
in the list of acts and resolves which have become laws, and inform 
them that I have, in compliance with their request, directed the sec- 
retary to transmit copies of them to each of the senators and repre- 
sentatives of the State in the Congress of the United Slates. 

MARCUS MORTON. 
Council Chamber J March 24, 1840. 



LIST 

OF THE 

CIVIL GOVERNMENT 

OF THE 

AND OFFICERS IMMEDIATELY CONNECTED THEREWITH, 
FOR THE POLITICAL YEAR 1840. 

HIS EXCELLENCY 

MARCUS MORTON, 

GOVERNOR. 

HIS HONOR 

GEORGE HULL, 

LIEUTENANT GOVERNOR'. 

COUNCIL. 

JOHN R. ADAN, 
CHARLES HUDSON, 
ISAAC C. BATES, 
DAVID A. SIMMONS, 
JOSEPH GRINNELL, 
NATHANIEL M. DAVIS, 
JAMES H. DUNCAN, 
V^ILLIAM PORTER, Jr, 
EDMUND PARKER. 

JOHN P. BIGELOW, 

SECRETARY OF THE COMMONWEALTH. 

WILLIAM TUFTS, 1st Clerk. CHARLES W, LOVETT, 2d Clerk 

DAVID WILDER, 

TREASURER AND RECEIVER GENERAL OF THE COMMONWEALTH. 

JOSEPH FOSTER, Ist Clerk. J. I. LINZEE, 2d Clerk. 



SENATE. 



DANIEL P. KING, 

PRESIDENT. 



SUFFOLK DISTRICT. 

James Savage, Edmund Dwight, 

Josiah Quincy, Jr., Isaac Harris, 

George Morey, William J. Hubbard. 

ESSEX DISTRICT. 

Samuel Lane, Amos Abbott, 

Daniel P. King, John S. Williams, 

Josiah Little, David Choate. 

MIDDLESEX DISTRICT. 

Leonard M. Parker, James Russell, 

Sidney Willard, Thomas J. Greenwood. 

John W. Mansur, 

WORCESTER DISTRICT. 

Charles Sibley, Benjamin Estabrook, 

Samuel Wood, Nathaniel Wood, 

Jedediah Marcy, Charles C. P. Hastings. 

HAMPSHIRE DISTRICT. 

William Bowdoin, Timothy A. Phelps. 

FRANKLIN DISTRICT. 

George T. Davis. 

HAMPDEN DISTRICT. 

Matthew Ives, Jr., Asa Lincoln. 



320 SENATE. 

BERKSHIRE DISTRICT. 

Russell Brown, Increase Sumner. 

NORFOLK DISTRICT. 

Benjamin P. Williams, Bradford L. Wales. 

Lucas Pond, 

PLYMOUTH DISTRICT. 

Seth Sprague, Jr., Jared Whitman. 

BRISTOL DISTRICT. 

Seth Whitmarsh, Foster Hooper. 

Horatio Pratt, 

BARNSTABLE DISTRICT. 

Charles Marston. 

NANTUCKET AND DUKES COUNTY DISTRICT. 
George B. Upton. 



CHARLES CALHOUN, Clerk, 
W. P. GREGG, Assistant Clerk. 
Rev. DANIEL M. LORD, Chaplain. 
MILTON HALL, Doorkeeper, 
WILLIAM A. SANGER, Page. 



B21 



HOUSE OP REPRESENTATIVES, 



ROBERT C. WINTHROP, 

SPEAKER. 



COUNTY OF SUFFOLK. 



41 



Amos Binney, 
George T. Bigelow^ 
William C Brown^ 
Francis Brown, 
John Bolles, 
Noah Brooks, 
George T. Curtis, 
Daniel Denny, 
Isaac P. Davis, 
Thomas A. Davis^ 
Franklin Dexter, 
George Darracottj 
Frederic Emerson, 
David Francis, 
Nathan Gurney, 
John C. Gray, 
Frederic Gould, 
John Gardner, 
John Green, Jr., 
James W. Gates, 
Samuel Greele, 
Ozias Goodwin, 
Thomas Hunting, 
James Harris, 
Samuel W. Hall, 
John P. Healey, 



322 



HOUSE OF REPRESENTATIVES, 



Boston, 



Eliphalet P. Hartshorn, 

Cranston Howe, 
Robert Hooper, Jr., 
Robert Keith, 
Benson Leavitt, 
Ezekiel W. Leach, 
Joseph Lewis, 
William Lawrence, 
Nahum Mitchell, 
Theophilus R. Marvin, 
Francis J. Oliver, 
Thomas Patten, 
Lewis G. Pray, 
William W. Parrott, 
George W. Pli Hips, 
Theophilus Parsons, 
Samuel Quincy, 
John Rayner, 
Joseph W. Revere, 
Jeffrey Richardson, 
Daniel SafFord, 
J. Thon-iss Stevenson, 
Woodbridge Strong, 
Josiah Vinton, Jr., 
John B. Wells, 
William Willett, 
Horatio M. Willis, 
Robert C. Winthrop, 
James M. Whiton, 
Thomas B. Wales. 



Chelsea, 



Jlmeshury, 
Andover. 



Beverly, 



COUNTY OF ESSEX. 

Moses Hoyt, Jr., 
Jacob Berry, 
Isaac Caruth, 
Henry J. Gray, 
John I. Baker, 
William Lamson, 
Thomas B. Smith, 



HOUSE OF REPRESENTATIVES. 



323 



Boxford, 

Bradford, 

Danvers, 



Essex, 
Gloucester, 



Hamilton^ 
Haverhill, 



Ipswich, 
Lynn, 



Lynnfield, 

JUanchester, 

Marblehead, 



Methuen, 
iMiddleton, 
J^ewbury, 
Mwburyport, 



Rowley, and 
Georgetown, 



Moses Kimball, 
Edmund Kimball, 
Henry Poor, 
Samuel P. Fowler, 
Allen Putnam, 
Joshua H. Ward, 
Aaron L. Burnham, 
Samuel Hardy, 
Simeon Burnliam, 
Daniel D. Heartley, 
William B. Haskins, 
Daniel Robinson, 
Henry Saunders, 
James P. Tarr, 
Allen W. Dodge, 
Jonathan Crovvell, 
Samuel Johnson, 
Alfred Kittredge, 
Robert Stuart, 
Nathaniel R. Farley, 
Joseph A. Lloyd, 
George Hood, 
Abel Houghton, Jr., 
Samuel Mudge, 
Jeremiah C. Stickney, 
John Stone, 
Benjamin Mudge, 
David N. Svvasey, 
Arba Burnham, 
Thomas Elkins, 
James Smith, 
Daniel G. Wilkins, 
William Williams, Jr., 



Daniel Noyes, 
Joseph B. Morss, 
James Blood, 
Joseph Couch, 
John M. Cooper, 



324 



HOUSE OF REPRESENTATIVES. 



Saltm, 



Salisbury^ 
Saugus, 
Topsjield, 
Wenham, 
West Mewbury, 



Jlcton^ 

Ashby.) 

Bedford^ 

Billerica, 

Boxborough, 

Brighton, 

Burlington, 

Cambridge, 

Carlisle, 
Charlestown, 



Chelmsford, 
Concord, 

Dracut, 

Dunstable, 

Framingham, 

Groton, 



George Peabody, 
Henry Grant, 
John W. Rogers, 
David Pulsifer, Jr., 
George H. Smith, 
Charles W. Palfray, 
Francis A. Fabens, 
William H. Waters, 
Stephen P. Webb, 
Henry M. Brown, 
Francis Dizer, 
Asa Pingree, 
Andrew Dodge, 
Addison Brown, 
George W. Carr. 

COUNTY OF MIDDLESEX. 

Nathan Brooks, 

Reuben Bacon, 
Thomas Spaulding, 
Peter Whitcomb, 
Jonathan Winship, 
Nahum Jenison, 
.Joel Giles, 
Ezekiel Hayden, 
Amos Spaulding, 
Jonathan Locke, 
Phineas Rice, 
William D. Butts, 
Richard Frothingham, Jr., 
John Cheever, 
Phineas J. Stone, 
Charles Adams, 

Francis R. Gourgas, 
Ephraim Meiiam, 
Atis Ansart, 
Samuel Fox, 



HOUSE OF REPRESENTATIVES. 



325 



Holliston, 

Hojokinton, 

Lexington, 
Lincoln., 
Littleton, 
Lowell, 



Maiden, 

Marlborough, 

Medford, 

JVatick, 
Mwton, 

Pepperell, 

Reading, 

Sherburne, 

Shirley, 

South Reading, 

Stoneham, 

Stow, 

Sudbury, 

Tewksbury, 

Townsend, 

Tyngsboroughf 

Waltham, 

Watertown, 
Wayland, 



Samuel Payson, 
Calvin Rockwood, 
JefFerson Pratt, 
Amara Eames, 
Isaac MuUiken, 



Nathaniel Wright, 
Jefferson Bancroft, 
Jesse Phelps, 
Royal Southwick, 
Isaac Scripture, 
Alvah Mansur, 
William Nichols, Jr., 
Theodore L. Stiles, 
Isaac Hayden, 
Ezekiel Bruce, 
Leonard Bucknam, 
Lewis Richardson, 

Joel Fuller, 
Jesse Winslovv, 
John P. Tarbell, 
Arnold Hutchinson, 
George Flint, 
Samuel Carter, 
Alpheus Clark, 

Aaron Foster, Jr., 
Joseph W. Vinton, 
William G. Fuller, 
Pliny Wetherbee, 
Ephraim Moore, 
Zephaniah Clark, Jr., 
Luther Adams, 
Rufus M. Blodget, 
Elisha Crehore, 
Luke Fiske, 
Grenville T. Winthrop, 



326 



HOUSE OF REPRESENTATIVES. 



West Cambridge, 

Westford, 
Weston, 
Wilmington., 
Woburn, 



Ashburnham, 
Jllhol, 
Jluburn, 
Barre, 

Berlin, 
Bolton, 
Boylston, 
Brookjield, 

Charlton, 



Dana, 
Douglas, 



Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester, 



William Locke, 2d, 
Jesse P. Pattee, 
Samuel Fletcher, 
William Spring, 

Henry Parker, 
Thomas Pool. 



COUNTY OF WORCESTER. 

Kilburn Harewood, 
Theodore Jones, 

Nathaniel Loring;, 
Nathaniel Holland, 
Joseph Park, 
Caleb Wheeler, 
Eli B. Lamson, 
Francis Howe, 
Amos Prichard, 
Simeon Lamb, 
Aaron Marble, 
Alpheus White, 

Obadiah Morse, 
Lyman Young, 
John Eddy, 
William Earned, 
Francis Perkins, 
William Carlton, 



John Raymond, 
Asa Daby, 
Silas Flagg, 
Tilla Chaffin, 
Micajah Reed, 
George Williams, 
Silas Thurston, Jr., 
John Thurston, 
David Henshaw, 
Isaac Souihgate, 



HOUSE OF REPRESENTATIVES. 



327 



Leominster^ 

Lunenburg, 
Mendon, 



Milford, 

Millbury, 

JVeio Braintree, 
JVbrthborough, 
Jforthbridge, 
Jforth Brookjield, 

Oakharriy 
Oxford, 

Paxton, 
Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Rutland, 
Shrewsbury, 

Southborough, 
Southbridge, 
Spencer, 
Sterling, 

Sturbridge, 

Sutton^ 

Templeton, 

Upton, 

Uxbridge, 



Charles Hills, 
Rufus Kendall, 
Daniel Low, Jr., 
Leonard Taft, 
Laban Bates, 2d, 
Caleb Thayer, 
Peter Corbett, 
John Mason, 
Cyrus Faulkner, 
Charles Hale, 
Stephen Fay, 
Joel Bartlett, 
Silas Ravvson, 
Freeman Walker, 
Joseph A. Moore, 
Alexander Crawford, 2d, 
Ebenezer Rich, 
Alexander C. Thurston, 
Tyler Goddard, 
Selh Hapgood, 
Artemas Bryant, 
James Richardson, 
Sewall Mirick, 
Cyrus Davis, 
Benjamin Fry, 
William Davis, 
Adam Harrington, 
Azor R. Phelps, 
Humphrey B. Wheeler, 
Benjamin D. Hyde, 
Eleazer B. Draper, 
William Goss, 
Samuel T. Sawyer, 
Cromwell Bullard, 
Lemuel Hooker, 
Welcome Whipple, 
Benjamin Woodbury, 
Moses Leland, 
John Boynton, 
Nahum W. Holbrook, 
Elijah Warren, 
Francis Deane, Jr., 



328 



HOUSE OF REPRESENTATIVES. 



Warren, 
Webster, 
Westborough, 

West Boylston, 

Westminster, 
Winchendon, 
Worcester, 



Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

East Hampton^ 

Enfield, 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

Mrthampton, 



J^orwich, 

Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southampton, 

Ware, 



Thomas Damon, 
Lathrop Clark, 
Otis Brigham, 
Nahum Fisher, 
Benjamin F. Keyes, 
Silas Walker, 

William Brown, 
Charles Allen, 
Lewis Chapin, 
Nathan Heard, 
William Lincoln, 
Stephen Salisbury, 
John Wright. 

COUNTY OF HAMPSHIRE. 

Charles Adams, 
Ebenezer Mattoon, Jr., 
James H. Clapp, 
Chester Tilden, 
Samuel Davis, 
Joseph Orcutt, 
John Ludden, 
Ichabod Pope, 
Asahel Billings, 
Eli Moody, 
Ira Haskell, 
Charles P. Phelps, 
John Shipman, 
Justin Wait, 
Oliver Smith, 
William Clark, Jr., 
Calvin Strong, 
Eliphalet Williams, 
Aaron B. Dimock, 
David Abercrombie, 
Stephen Gloyd, 
Roswell Allen, 
Spencer Moody, 
Stephen Strong, 
John Bovvdoin, 
Nelson Palmer, 



HOUSE OF REPRESENTATIVES. 



329 



if^esthampton, 
WiUiamsburg, 
fVorthington, 



Blandfordj 

Brimfield, 

Chester, 

Granville, 

Holland, 

Longmeadoio, 

Ludlow, 

JMonson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, 

Wales, 

Westfield, 

West Springfield, 



Wilbraham, 



Jlshfield, 

Bernardston, 

Bucklnnd, 

Ckarlemont, 

Coleraine, 

Conway, 

Deerfield, 

Erving, 

Gill, 

Greenfield, 

42 



Jaied Bartlett, 

James Benton. 

COUNTY OF HAMPDEN. 

Simeon W. Loring, 
Penuel Parker, 
Joshua Stevens, 
Jonathan B. Bancroft, 

Gad O. Bhss, 
Dennis Knowlton, 
Hiram Newton, 
Noah Sheldon, 
Franklin Morgan, 
Asa Shumvvay, 
James Bishop, 
Warren By ington, 

Leonard Cowles, 
James C. Royce, 
Joseph Arnold, 
Asa B. Whitman, 
Spencer Flower, 
Lyman Whitman, 
Lester Williams, 
John Carpenter, 
Stephen Stehhins. 

COUNTY OF FRANKLL\. 

Friend Knowlton, 
Henry W. Cushman, 
Joseph Griswold, 
Emory Greenleaf, 
Franklin Newell, 
Erasmus D. Hamilton, 
Geoige Dickinson, 

Eliphalet S. Darling, 
Ambrose Ames, 
Eber Nash, 



330 



HOUSE OF REPRESENTATIVES. 



Hawley, 

Heathy 

Leverettf 

Leyden, 

JMonroe., 

Montague^ 

Jfew Saleniy 

JVorthJield, 

Orange, 

Rowe, 

Shelburne, 

Shutesbury, 

Sunderland, 

Warwick, 

Wendell, 

Whately, 



Mams, 



Alford, 

Becket, 

Cheshire, 

Clarksburg, 

Dalton, 

Egremont, 

Florida, 

Great Barrington, 

Hancock, 
Hinsdale, 
Lanesborough, 
Lee, 

Lenox, 

Mount Washington, 

JVeto Ashford, 

JV*ew Marlborough, 

Otis, 



Calvin Cooley, 



David N. Carpenter, 

Elihu P. Thayer, 
Seth C. Smith, 
Samuel C. Allen, Jr., 
Harris Stratton, 
Salmon Howard, 

Cyrus Alden, 
Benjamin Dane, 
Horace Henderson, 
Lemuel Wheelock, 
Martin Hager, 
Elijah Allis. 

COUNTY OF BERKSHIRE. 

Snell Babbit, 
Lorenzo Rice, 
Ezra D. Whitaker, 
Elijah K. Williams, 



Noah Y. Bushnell, 

John Chamberlain, 
Richard P. Brown, 

Perley D. Whitmore, 
Philip Barnes, 

William Hinsdale, 
Asahel Buck, Jr., 
Eli Bradley, 
Leonard Church, 
Henry H. Cook, 

Phineas Harmon, 
George Smith, 
Curtis Hunt, 



HOUSE OF REPRESENTATIVES. 



331 



Peru, 


Edward T. Nash, 


Pitlsfield, 


James Francis, 




Jabez Peck, 




Comfort B. Piatt, 


Richmond, 


Seneca Pettee, 


Sandisjield^ 


David Belden, 


Savoy, 


Philip Pierce, 


Sheffield, 


Orrin Curtis, 




Moses Forbes, 


Stockbridge, 


John M. Cooper, 




Charles Webster, 


Tyringham, 


Amos Langdon, Jr., 


Washington, 


John S. Noble, 


West Stockbridge. 


> 


Williamstown, 


James Corbin, 




Henry Johnson, 


Windsor, 


Moses Ford. 




COUNTY OF NORFOLK. 


BelUngham, 


Dvvight Colburn, 


Braintree, 


Joseph Richards, 




Minot Thayer, 


Brookline, 




Canton, 


Samuel Capen, 




John Gay, 


Cohasset, 


Nichols Tower, 


Dedham, 


Joshua Fales, 


Dorchester, 


Walter Baker, 




Eleazer J. Bisphani) 




William Clapp, 


Dover, 




Foxborough, 


Willard Pierce, 


Franklin, 


Ward Adams, 




Davis Thayer, 


Medjield, 




Medioay, 


Paul Daniell, 


Milton, 


Ebenezer G. Tucker, 


Jfeedham, 


Emery Fisk, 




Elisha Lyon, 


Quincy, 


Ebenezer Bent, 




George Baxter^ 



332 



HOUSE OF REPRESENTATIVES. 



Quincy, 
Randolph, 



Roxbury, 



Sharon, 
Stoughton, 



Walpole, 
Weymouth, 



Wrentham, 



Nathaniel White, 
Benjatniii Richards, 
Jairus White, 
Charles T. Woodman, 
Charles Ellis, 
Stephen Williams, 
Samuel H. Walley, Jr., 
Ebenezer W. Stone, 
Michael Whittemore, Jr., 
Jedediah Morse, 
Jesse Pierce, 
Consider Soiitlnvorlh^ 
Emmons Partridge, 
Adoram Clapp, 
George Dyer, 
Leonard Tirrell, 
John A. Craige, 
Otis G. Cheever. 



Mtlehorough, 

Berkley, 
Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 



Fall River, 



Freetown, 
Mansfield, 
J^ew Bedford, 



COUNTY OF BRISTOL. 

Carlos Barrows, 
Jonathan Bliss, 
Tamerlane Burt, 
Thos. K. Wilbur, 
Henry S. Packard, 

Jonathan Pratt, 
Joseph Tripp, 
Cyrus E. Clark, 
Elbridge G. Morton, 
John Eddy, 
Perez Mason, 
Nathan Durfee, 
Enoch French, 

Schuyler Shepard, 
John F. Emerson, 
Charles V. Card, 
Thomas A. Greene, 
Alfred Gibbs, 



HOUSE OF REPRESENTATIVES. 



333 



JVcw Bedford., 



J^orton, 

Pawtiicket, 

Raynham, 

Rehoboth, 
Seekonky 

Somerset, 
Sicansey, 

Taunton, 



Westporty 



Mington, 

Bridgewater, 

Carver, 
Duxbury, 

East Bridgeioater, 

Halifax, 
Hanover, 
Hanson, 
Hingham, 



George Hovvland, Jr., 
Cl)ailes W. Morgan, 
John Perkins, 
Silas Stetson, 
Isaac C. Taber, 
John Crane, 
Henry Newcomb, 
John B. Reed, 
James C. Starkweather, 
Amos Hall, 
Job Robinson, 
William Marvel, 2d., 
William Ide, 
Caleb Chaffee, 
Benj. G. Chace, 
Artemas Stebbins, 
Jonathan K. Brown, 
Leonard Hall, 
William Haskins, 
John Pratt, 
Allen Presbry, 
Stephen L. White, 
Gamaliel Church, 
John A. Gifford. 

COUNTY OF PLYMOUTH. 

Elihu Hobart, 
.Toseph Cleverly, 
John A. Shaw, 
Nahun) Stetson, 
Joseph Barrows, 
Benjamin Alden, 
Joseph F. Wadsworth, 
William Harris, 
Isaac Pratt, 
Henry Pope, 
Abel G. Duncan, 
Philemon H. Perkin?, 
Thomas Loring, 
David Fearing, 
Laban Gushing, 



334 



HOUSE OF REPRESENTATIVES. 



Hull, 

Kingston, 

Marshjield, 

Middlehorough, 



JsTorth Bridgeioater, 



Pembroke, 
Plymouth, 



Plympton, 
Rochester, 



Scituate, 



fVareham, 

West Bridgewater, 



Robert Gould, 
Josiah Holmes, 
Elijah Ames, 
George Sturtevant, 
Zebulon K. Pratt, 
Consider Fuller, 
Thomas Doggett, 
Jesse Perkins, 
Eliab Whitman, 
Nathaniel Smith, 
Jeremiah Farris, 
Ezra Leech, 
John Russell, 
Elisha Nelson, 
Zaccheus Parker, 
James H. Clark, 
Isaac Smith, 
Samuel Sturtevant, Jr.j 
William James, 
Ebenezer Stetson, 
Thomas Savery, 
John E. Howard. 



COUNTY OF BARNSTABLE. 

Barnstable, Daniel Basset, 

Nathaniel Hinckley, 

Thomas B. Lewis, 
Brewster, Josiah Foster, 

Chatham, Samuel Doane, 

Henry Gorham, 
Dennis, Seth Crowell, 

Samuel Rogers, 
Eastham, Barnabas Freeman, 

Falmouth, Silas Jones, 

Elijah Swift, 
Harwich, Cyrus Weeks, 

Richard Baker, Jr., 
Orleans, Luther Snow, 

Nathaniel Freeman, 
Provincetown^ John Atkins, 

David Cook, 2d., 



HOUSE OF REPRESENTATIVES. 



335 



Sandicichj 

Truro, 

fVellfleet, 

Yarmouth, 



Chilmark, 
Edgartown, 

Tisbury, 



JSTantucket, 



Benjamin Bourne, 
Josiah Bacon, 
Charles Nye, 
Freeman Atkins, 
Jedediah Shed, 
Nathaniel P. Wiley, 
Solomon R. Hawes, 
Sylvanus Crowell, 
Freeman Taylor. 

DUKES COUNTY. 

Daniel Flanders, 
David Davis, 
Elihu P. Norton, 
Bartlett Allen, 
Asa Johnson. 

COUNTY OF NANTUCKET. 

George Bradburn, 
Jonathan C. Briggs, 
Benjamin Gardner, 
Samuel H. Jenks, 
Wilham B. Mitchell, 
David Joy. 



LUTHER S. GUSHING, Clerk. 

Rev. .Toy H. Fairchild, ) ^, , . 
Rev. Benj. Whittemore, ^-^^P^"^"^- 



BENJAMIN STEVENS 



'I 



Sergeant-at-Arms to the General 
Court. 



William Manning, Messenger to Governor and Council. 

Edmund S. Brigham, Watchman to State House. 

Elijah W. Cutting, } t^ j . ,? tt ^ r» 

David Murphy i doorkeepers to the House of Repre- 

A "D ' C sentatives. 

Alexis Pool, ) 

Timothy Hays, Page to House of Representatives. 



a^ommcniuealtl) of l^assacJjusetts. 



SECRETARY'S OFFICE, April 22, J840. 

1 HEREBY CERTIFY, that I Jiave Compared the printed copies of the Acts, 
Resolves, &c. contained in this pamphlet, with the original documents, and 
find the same to be correct. 

JOHN P. BIGELOW, 

Secretary of the Commonwealth. 



NOTE. 

The Article of Amendment of the Constitution embraced in the Resolves 
of the 10th of March, (see page 248,) was submitted to the people in town 
and city meetings assembled, as provided for in said Resolves, on the fith of 
April. Returns of the votes given thereon, were duly transmitted to the 
Secretary of the Commonwealth, and upon examination thereof by the Gov- 
ernor and Council, it appeared that the whole number of votes were 29,796, 
of which, 24,884 were in favor of the Amendment, and 4,912 were against 
the same. The Amendment was thereupon declared in Council to liave 
been ratified and adopted by the ])eople ; and on the 17th of Ai)nl, the Gov- 
ernor issued his Proclamation accordingly. It has subsequently lieen en- 
rolled as provided for in the Resolves, as the Thirteenth Article of Amend- 
ment of the Constitution of Massachusetts. 



GENERAL AND SPECIAL 



£842.. 



An Act relating to the choice of County Commissioners in the County of Barnstable, fjhnn 1 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same^ 
as follows : 

Sect. 1. The inhabitants of the several towns in the county Selectmen to 
of Barnstable shall hereafter hold their meetings for the choice a^«'.S" ^'ay 'or 

r • • iji-i rrr^i «^''""!e of com- 

01 county commissioners, on such day during tiie month ol r eb- missioners. 

ruary, not less than eight days before the second Monday of 

March, as shall be determined by the selecttnen of such towns 

for the time being ; and the meetings of the board of examiners Examiners to 

for said county shall be held on the second Monday of March, '"^^' ,"" second 

1 (• \ • /• 1 /• I 1 I- I • 1 I Mon(la\'of 

instead ot tlie times nxed lor lioiclmg such meetings, by the sev- March, 
enleenth and eighteenth sections of the fourteenth chapter of the 
Revised Statutes. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [jApproved by the Governor, Jan. 19, 1841.] 

An Act to incorporate the Proprietors of the Lowell Cemetery. Chd'D 2 

BE it enacted by the Senate and House oj Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John Aiken, Lemuel Porter, and James G. Car- Persons incor- 
ney, together with such other persons as shall become proprie- P°'^^^^- 
tors of lots in the cemetery hereinafter mentioned, their suc- 
cessors and assigns, are hereby made a corporation, by the name 
of the Proprietors of the Lowell Cemetery ; and said corporatioa 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the forty-fourth 
chapter of the Revised Statutes, except as is otherwise provided 
in this act. 

Sect. 2. The said corporation may purchase and hold, in May hold cer- 
fee simple, for the purposes hereinafter set forth, a lot of land, '^'" "^^^ estate. 



340 



1841.- 



-Chap. 2—3. 



May hold cer- 
tain personal 
estate. 

Provision for 
erection of 
inonuinents, 
&c. 



Layinw- out of 
grounds. 



Corporation 
may convej' 
rigliis of burial} 
&c. 



Burial rights to 
be iield as real 
estate — 
— and not sub- 
ject to attach- 
ment. 

Land not sub- 
ject to taxation. 



Certain provis- 
ions of a pre- 
vious act to ap- 
ply to this. 



Act to go into 
immediate ef- 
fect. 

Chap, 3. 



Persons incor- 
porated. 



lying partly in Lowell and partly in Tewksbury, in the county 
of Middlesex, situated on the easterly side of Concord river, 
and on the southerly side of Fort Hill, so called ; and may also 
acquire and hold personal property, not exceeding in amount the 
sum of twenty thousand tJollars, to be applied to objects con- 
nected with, and appropriate to, the purposes ofsaid corporation. 

Sect. 3. The said corporation shall hold and set apart the 
aforesaid land for a rural cemetery or burial-ground, and for the 
erection of tombs, cenotaphs, or odier monuments, for, or in 
memory of the dead ; and, for this purpose, shall have power to 
lay out the same in suitable lots or subdivisions, for family or 
other burial-places ; to plant and embellish the same with trees, 
shrubbery and other rural ornaments ; to enclose and divide the 
same with suitable walls or fences, and to construct and annex 
thereto such suitable buildings, appendages and other conve- 
niences as said corporation shall, from tinie to lime, deem expe- 
dient. 

Sect. 4. The said corporation shall have authority to grant 
and convey, to the city of Lowell, any portion of the aforesaid 
land for a public burial-ground, and also to grant and convey, to 
any person or persons, the sole and exclusive right of burial, and 
of erecting tombs and cenotaphs in or upon any designated lot 
or subdivision, and of ornamenting such lot or subdivision, upon 
such terms and conditions, and subject to such regulations, as 
said corporation may prescribe ; which right, so granted and 
conveyed, shall be held for the purposes aforesaid, and for none 
other, as real estate, and shall not be subject to attachment or 
execution, or to be applied, by virtue of any law respecting in- 
solvent debtors, to the payment of debts. 

Sect. 5. The land aforesaid shall be, and hereby is, ex- 
empted from all public taxes, so long as the same shall remain 
dedicated to the purposes of a cemetery. 

Sect. 6. All the provisions contained in the fourth, fifth 
and sixth sections of the seventeenth chapter of the statutes of 
eighteen hundred and thirty-eight, being an act to incorporate 
the proprietors of the rural cemetery in Worcester, shall extend 
and apply to the said cemetery in Lowell. 

Sect. 7. This act shall take effect from and after its pas- 
sage. [.Approved by the Governor, Jan. 23, 1841.] 

An Act to incorporate the Wlialing Insurance Coinpnny. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Thomas H. Howland, Thomas S. Hathaway, 
and Charles W. Morgan, their associates and successors, are 
hereby made a corporation by the name of the Whaling Insur- 
ance Company, for the term of twenty years, to be established 
in the town of New Bedford, for the purpose of making mari- 
time loans and insurance against maritime losses, in the custom- 
ary manner ; with all the powers and privileges, and subject to 



1841. Chap. 3—6. 341 

all the duties, restrictions and liabilities set forth in the thirty- 
seventh and rorty-loiirtli chapters of the Revised Statutes, and 
in the ihirty-lifili and one hundred and seventy-ei|;hih chapters 
of the laws of the year one thousand ei^ht hundred and thirty- 
eight. 

St:cT. 2. The said corporation may hold any estate, real or Amount of es- 
personal, for the use of said company : provided, that the real [,e'heid."^ "^^ 
estate shall not exceed the value of thirty thousand dollars, ex- 
ceptinj5 such as may be taken for debt, or held as collateral secu- 
rity for money due said company. 

Sect. 3. The capital stock of said company shall be one ^ap't=*' si°<='^' 
hundred thousand dollars, and shall be divided into shares of one 
hundred dollars each, and shall be collected and paid in, in such 
instahnents, and under such jienakies, as the president and di- 
rectors of said company shall direct, [.approved by the Gov- 
ernor, Jan. 27, 1841.] 

An Act lo incorporate the HoUiston Mutual Fire Insurance Coinj)any. ChcLZ) 4 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Abner Johnson, Sevvall G. Burnap, and Timothy Daniels, Persons Incor- 
their associates and successors, are hereby tnade a corporation P"'^'''^*^'^- 
by the name of the Holliston Mutual Fire Insurance Company, 
in Holliston, in the county of Middlesex, for the term of twenty- 
eight years, for the purpose of insuring dwelling-houses and l\lay insure 
other buildings, and household furniture in any part of this Com- ['"*^""'°^ 
monwealth, with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities set forth in the thirty-sev- 
enth and forty-foiMih chapters of the Revised Statutes. [«^p- 
proved by the Governor, Feb. 2, 1841.] 

An Act in relation to the Suffolk Insurance Company. K/ilup. O. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The capital stock of said company shall be divided New division of 
into two thousand, two hundred and fifty sliares, of one hundred *''^'^*- 
dollars each, instead of nine thousand shares of twenty-five dol- 
lars each. 

Sect. 2. This act shall take efTect from and after its accept- Act, when lo 
ance, at any legal meeting of said corporation called for that pur- 'a''*'' <^ffect. 
pose. [i,Bpproved by the Governor, Feb. 2, 1841.] 

An Act in relation to the Harmony Grove Cemetery in Salem. L/flCtp. O, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

The proprietors of the Harmony Grove Cemetery are an- corporation 
thorized and empowered to sell and convey by deed, any part of may convey a 
the real estate now owned by said corporation, or wliicli they real estate!'^ 
may hereafter own, not required or used for purposes of burial. 
[Approved by the Governor, Feb. 4, 184!.] 



342 1841. Chap. 7—10. 

ChnT) 1 1 An Act concerning Grouse or Heath Hen. 

BE it enacted by the Senate and House of Representatives j 

in General Court assembled, and by the authority of the same, 

as follows : 

Extension of a Sect. 1. An act for the preservation of (he grouse or 

previous act heath lien, passed on the fifteenth day of April, in the year 

for five years ,-ii .1 ir- -ii ij 

longer. one thousand eiglit hundred and thnly-seven, is hereby extended 

for the term of five years, from and afier llie fifteenth day of 
April, in the year one thousand eight hundred and forty-one. 

Proceedings Sect. 2. When any person is suspected of liaving any 

against persons g-pouse or heath hen in his possession, taken or killed contra- 
suspected of => . . I ' . . 
violating pro- ry lo the provisions 01 tlie said act, any justice 01 the peace, on 
visions of the complaint on oath before him, may issue liis warrant, directed to 
the proper officer, to search for the same ; and the same pro- 
ceedings may be had, as are provided in the one hundred and 
forty-second chapter of the Revised Statutes, relating to searches 
and seizures ; and the fact that such grouse or heath hen has 
been found in the j)Ossession of the defendant, may be given in 
evidence on the trial of the case. [Approved by the Governor, 
Feb. 4, 1841.] 

i^hClp. O. An Act giving further time to tlie President, Directors and Company of the IJaiik of 

Norfolk to close their concerns. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as follows : 
Corporation 'I'hc President, Directors and Company of the Bank of Nor- 

coiiiinued for ((j\\^ ^yQ hereby continued a body corporate, for the [)eriod of two 
years from the twenty-fourth day of April, in the year one thou- 
sand eight hundred and forty-one, with all the powers and privi- 
leges, and subject to the limitations set forth in the seventh sec- 
tion of the forty-fourth chapter of the Revised Statutes. [_*^p- 
proved by the Governor, Feb. 5, 1841.] 

K^iKtp. y. An Act giving further time to the i'resident, Directors and Company of the Middle- 
sex Bank to close their concerns. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Corporation '^^^^ President, Directors and Company of the Middlesex 

continued for Bank are hereby continued a body corporate, for the period of 
o^ears. ^^^.^^ years from the fourth day of April, in the year one thou- 
sand eight hundred and forty -one, with all the powers and privi- 
leges, and subject to the limitations set forth in the seventh sec- 
tion of the forty-fourth chapter of the Revised Statutes, [^^p- 
proved by the Governor, Feb. 5, 1841.] 

ChflT) 1 ■'^" ^^^ '° '"Corporate the American Slalistical Association. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Persons incor- Sect. 1. Richard Fletcher, Bradford Sumner, William 

porated. Cogswell, Samuel Dorr, and Joseph B. Felt, their associates 



1841. Chap. 10—13. 343 

and successors, are hereby made a corporation, by the name of 
the American Statistical Association, for the purpose of collect- 
ing, preserving and diffusing statistical information ; with all the ^ 
powers and privileges, and subject to all the duties, restrictions 
and liabilities set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. Said corporation may hold real estate to an amount Amount of es- 
not exceeding twenty thousand dollars, and personal estate, the b^'^hdd'.'^*' ""^^ 
income of which shall not exceed three thousand dollars annu- 
ally : provided, nevertheless, that nothing contained in this act. Proviso against 
shall be construed to authorize the said corporation to traffic in S'^rofit^'**'*'' 
books for the purpose of profit. [^Approved by the Governor, 
Feb. 5, 1841.] 

An Act in addition to an Act to incorporate the Lewis Wharf Company, in the city ChdV' 1 1 . 
of Boston. ■» * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. Said corporation may, at any legal meeting, divide Division of 
their capital stock into any number of shares not exceeding two *^^f<'^- 
thousand. 

Sect. 2. This act shall take effect from and after its accept- Act, when to 
ance at any legal meeting of said corporation called for that pur- ''^''e effect. 
pose, l^^pproved by the Governor, Feb. 5, 1841.] 

An Act to incorporate the Leicester Company. Chcip. 12. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John Marland, P. W. Freeman, and Josiah P. Persons ineor- 
Bradlee, their associates and successors, are hereby made a cor- P"''^'^''' 
poration, by the name of the Leicester Company, for the pur- 
pose of manufacturing cotton and woollen goods in the town of 
Leicester, in the county of Worcester ; and for this purpose 
shall have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said company may hold, for the purposes Estate, 
aforesaid, real estate to the amount of sixty thousand dollars, and 
the whole capital stock of said company shall not exceed the 
sum of one hundred thousand dollars. [^Approved by the Gov- 
ernor, Feb. 6, 1841.] 

An Act to incorporate the Dwight Manufacturing Company. ChctV. 13. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloics : 

Sect. 1. Thomas H. Perkins, William Sturgis,and Edmund Persons incor- 
Dwight, their associates and successors, are hereby made a man- P°'^'^^- 
ufacturing corporation, by the name of the Dwight Manufactur- 
ing Company, for the purpose of manufacturing cotton goods 
in the town of Springfield, in the county of Hampden, and 



344 



1841.- 



-Chap. 13—16. 



for this purpose shall have all the powers and privileges, and be 
subject to all the duties, liabilities and restrictions set forth in the 
thirty-eigluh and forty-fourth chapters of the Revised Statutes. 
Estate. Sect. 2. The said corporation may hold, for the purposes 

aforesaid, real estate not exceeding the amount of one hundred 
and fifty thousand dollars, and the whole capital stock of said cor- 
poration shall not exceed the amount of five hundred thousand 
dollars. [.Approved by the Governor, Feb. 6, 1S4I.] 

C/JlCLp, 14. An Act giving further time to the President, Directors and Company of the Com- 
mcrcial Bank, in the ciiy of hJoston, to close tiieir concerns. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as foUoics : 

The President, Directors and Company of the Commercial 
Bank, in the city of Boston, are hereby continued a body cor- 
porate, for the period of two years from the twenty-first day of 
April, in the year one thousand eight hundred and fory-one, 
with all the powers and privileges, and subject to the limitations, 
set forth in the seventh section of the forty-fourth chapter of the 
Revised Statutes, [^^pproved by the Governor, Feb. 6, 1841.] 



Corporation 
continued for 
two years. 



Chap. 15. 



Additional 
capital author- 
ized. 



Chap. 16. 



Persons incor- 
porated. 



Estate. 



An Act to increase the Capital Stock of the Ballard Vale Company'. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Ballard Vale Company are hereby authorized to increase 
their capital stock, by adding thereto the sum of thirty-six thou- 
sand dollars, so that the whole capital stock of said company 
shall amount to one hundred thousand dollars, and no more. 
[Approved by the Governor, Feb. 8, 1841.] 

An Act to incorporate the Wales 3Ianufacturing Companj'. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John W. Bliss, Royal Wales, and Leonard B. 
Wight, their associates and successors, are hereby made a cor- 
poration, for the purpose of manufacturing cotton and woollen 
goods in the town of Wales, in the county of Hampden ; and 
for this purpose shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities, set forth in 
the thirty-eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purposes 
aforesaid, real estate to the amount of fifteen thousand dollars, 
and the whole capital stock of said corporation shall not exceed 
fiftv thousand dollars. \_Approved by the Governor, Feb. 8, 
1841.] 



1841. Chap. 17. 345 

An Act concerning ihe Income of the Rlassachusclls School Fund. Chop. 17. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by ihe authority of the same, 
as folloics : 

Sect. 1. The school committee of each city and town shall Number of per- 

, . , , • • I • 1 sons heiween 

in each year ascertain, by actual exatnination or otherwise, llie four and sixiecn 
number of persons between the ajres of four and sixteen years, yarsiobe an- 

,,. * ,. ~, n I r tit iiii niial'v ascer- 

belongMig to such city or town on the nrst day ol IMay, and sliall laineli, &c. 
make a certificate thereof, and also of the sum raised by tlie city 
or town for the support of schools, including only wages and 
board of teachers and fuel for the schools during the said year, 
and shall transmit the same to the secretary of the Common- 
wealth, on or before the last day of the following April ; which 
certificate shall be in the following form, to wit : We, the school Form of certi6- 

r , T r .iL..*r .• cale lo he Irans- 

coiniHittee ol , do certily, Irom tlie nest inlormaiion we mined to secre- 

have been able to obtain, that on the first day of May, in the lary. 

year , there were belonging to said town the number of 

persons, between the ages of four and sixteen years ; 

and we further certify, that said town raised the sum of 

dollars for the support of common schools for the said year, in- 
cluding only the wages and board of teachers and fuel for the 

^^'^°°'^' ' I School Committee. 



ss. On this • day of personally ap- 



peared the above-named school committee of , and made 

oath that the above certificate by them subscribed is true. Be- 
fore me, , Justice of the Peace. 

Sect. 2. The income of the Massachusetts School Fund, Apponionmcnt 
to the first day of June in each year, except the sum of two ru„'d1,v VhT 
hundred and forty dollars, appropriated to the support of schools spcrciary and 
among the Indians, shall be apportioned by the secretary and ^'■*"''^*"fe''- 
treasurer, and [)aid over by the treasurer, on the tenth day of Ju- 
ly, to the treasurer of the several cities and towns, for the use 
of the common schools therein, according to the number of per- 
sons therein between the ages of four and sixteen years, ascer- 
tained and certified as in the precedins; section: provided. No sliare of ttie 
however, that no such apportionment shall be made to any city J"",f,'"„s*'iiplr7" 
or town which shall not have made, on or before the last day of lenin-r certain 
April, the return required by the preceding section, and the {||i7ac'i"'* ""^ 
report and returns required by the statute of the year one thou- 
sand eight hundred and thiity-eight, chapter one hundred and 
five, or which shall not have raised by taxation, for the support 
of schools, including only wages and board of teachers and fuel 
for the schools, during the said year, a sum equal at least to one 
dollar and twenty-five cents for each person between the ages of 
four and sixteen years, belonging to said city or town on the first 
day of jMay of said year. 

Sect. 3. The income of the Massachusetts School Fund, Further pmvi- 
froin the fifteenth day of January, one thousand eight hundred ^„o"appor'ilou'. 
and forty, to the first day of June, one thousand eight hundred meut. 
44 



346 1841. Chap. 17—19. 

and forty-one, except what is appropriated to schools among the 
Indians, shall he a[)poriioned and paid over, on the tenth day of 
July next, to the several cities and towns, according to the num- 
ber of persons respectively therein, between the ages of four and 
sixteen years, returned as in the certificate required by the first 
section of this act, or the certificate required by the third section 
of the sta'ute of the year one thousand eight hundred and thirty- 
nine, chapter fifty-six, and which shall have raised by taxation 
for tlie support of schools, during the year one thousand eight 
hundred and forty, the sum required by said third section, and 
which shall also have made, on or before the last day of April 
next, the report and returns required by the statute of one thou- 
sand eight hundred and thirty-eight, chapter one hundred and five. 
Repeal of au- Sect. 4. So much of the statute of the year one thousand 
board^ofetiiTca- ^iglit hundred and thirty-eight, chapter one hundred and five, as 
tiontofixpe- gives the board of education authority to prescribe at what time 
no or returns, ^j^^ reports and returns of school committees shall be made, and 
also so much of the statute of the year one thousand eight hun- 
dred and thirty-nine, chapter fifty-six, as is inconsistent with the 
provisions of this act, is hereby repealed. [Jlpproved by the 
Governor, Feb. 8, 1S41.] 

(JJlCLP. 18. ■^" ^^'^ '" rpla''"'! to the erection and regulcTtioii of Mills. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the autJiority of the same, 
as follows : 
Mill dams not Sect. 1. No mill dam shall hereafter be erected or raised 
injur/ofmni ° ^o the injury of any mill site on the same stream, which shall 
sites previously have been occupied as such by the owner thereof, provided such 
lb e , 0. Q^ypgp j;[)ai|^ within a reasonable time after commencing such 
occupation, complete and put in operation a mill, for the work- 
ing of which the water of such stream shall be applied. 
Repeal of a Sect. 2. So mucl) of the second section of the one hundred 

jft^v'stV^"^^ and sixteenth chapter of the Revised Statutes as is inconsistent 
with the provisions of this act, is hereby repealed. [Jlpproved 
by the Governor, Feb. 10, 1841.] 

Chop. 19. An Act to incorporate the Stockbridge Iron Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Pergcns incor- Sect. 1. Charles C Alger, G. C. Peet, and A. H. Gal- 
poratcd. loway, their associates and successors, are hereby made a cor- 

poration, by the name of the Stockbridge Iron Company, for 
the purpose of manufacturing pig, cast and bar iron, in the town 
of Stockbridge, in the county of Berkshire ; and for this pur- 
pose shall have all the powers and privileges, and be subject to 
all the duties, liabilities and restrictions, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 
Estate. Sect. 2. The said company may hold, for the purposes 

aforesaid, real estate to the amount of seventy-five thousand dol- 



1841. Chap. 19—22. 347 

lars, and the whole capital stock of said company shall not 
exceed one hundred and fifty thousand dollars. [Approved by 
the Governor, Feb. 16, 1841.] 

An Act in addiiioii to an Act relaliiig to the Eviiioiicc of IMarriag;e. y^tlCLp, <cU. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same^ 
as folloics : 

The provisions of an act relating to the evidence of marriage, Provisions of a 
passed on the twenty-third day of March, in the year one thou- ['eiided" fcc* "' 
sand eight hundred and forty, are hereby extended to all cases 
where it shall become necessary to prove the fact of marriage, 
in any hearing before any court in this Commonwealth. \_*^p- 
proved by the Governor, Feb. 16, 1841.] 

An Act to incorporate liie Society for tlin relief of the Widows and Orphans of de- C/flttV, 21. 
ceased Clergymen of tiie Protestant Episcopal Churcli. ^ 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Benjamin Howard, Thomas M. Clark, Jr., and Persons incor- 
Ebenezer Rhoades, their associates and successors, are hereby P""^*'*^'- 
made a corporation, by the name of the Society for the relief of 
the Widows and Orphans of deceased Clergymen of the Protest- 
ant Episcopal Church ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth in 
the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may take and hold real and Estate, 
personal estate for the purposes aforesaid, to an amount not ex- 
ceedins: fifty thousand dollars. [Jjpproved by the Governor, 
Feb. 16, 1841.] 

An Act fuither to reduce the Capital Slock of the Market Bank, in Boston. CJlCtV* 22. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The President, Directors and Company of the Reductionof 
Market Bank, in Boston, are hereby authorized to reduce their "■?'?' ^i'^^' 
present capital stock to the su»n of five hundred and sixty thoii- after bank rom- 
sand dollars : provided, that this act shall not be in force until '"''<'*'"''<'f.^ jihail 

' . . . , ~ , . Have ct^riitiPcl 

the bank commissioners, or a majority of them, shall have certi- their opinion on 

fied their opinion in writing, to the governor and council, that ^''® *"'^J^*^'* 

the said corporation has sufficient funds for the payment of all 

notes, bills, deposites, and other demands existing against it, and 

that after payment tliereof, the net sum of five hundred and sixty 

thousand dollars will remain in said bank, as capital stock, in 

funds available for all usual and proper banking purposes. 

Sect. 2. The capital stock of the said corporation, when Number of 
reduced as aforesaid, shall be divided into eischt thousand shares shares. &c. of 

- 1111 '" "'c reduced 

01 seventy dollars each. stock. 

Sect. 3. From and after the time when the said certificate 
of said commissioners shall have been made and delivered as 



348 1841. Chap. 22—25. 

aforesaid, all the rights, duties and liabilities of the said corpora- 
tion shall have relation to, and be governed by, said reduced 
capital of five hundred and sixty thousand dollars ; and until said 
Tax to be paid Certificate shall have been made and delivered as aforesaid, the 
on present capi- gajfj corporation shall pay into the treasury of this Conunonwealih 

tal until nltii°r of , ' •iiii -i i -ir-i 

certificate. the tax requn'ed by law to be paid on the present capital ol said 
bank. [^Jlpproved by the Governor, Feb. 19, 1841.] 

(JJlCtJ), 23. An Act conceniirg the Housatonic River Turnpike. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
A certain de- Sect. 1. The county Commissioners for the county of 

o"iurnplkedis- Berkshire are hereby empowered, if they deem it expedient and 
continued, &c. proper, to discontinue that part of the Housatonic river turnpike 
road, in the town of West Stockbridge, called t!ie Hudson 
Branch, and which lies between the line of the state of New 
York and the point where the same intersects the turnpike road 
leading from West Stockbridge village to Albany, near Nathaniel 
Leei's dwelling-house, and to lay out as a common highway such 
a part thereof as public necessity and convenience may require : 
provided, however, that the Housatonic river turnpike corpora- 
tion shall pay all damages that may be occasioned by the laying 
out as aforesaid. 
Concerningas- Sect. 2. Said Commissioners shall perform the same duties, 
sessmeni of ^^^ exercisc the same powers, in the assessment of dama<i;es, as 

damages. • i r i i i i • • i i r i i-» • j 

are required ol them by the thirty-nmih chapter ol the Revised 

Statutes, in the discontinuing of turnpike roads and laying out the 

satne as common highways. 

The present Sect. 3. This act shall in no way affect the right of said 

ratesof toll not corporation to take tlie same rate of toll at their several gates as 

to be affected .' ii-iiii r n i y^ nj 

by this act. js now established by law. IJipproved by the Governor, reo. 
19, 1841.] 

Cy/lttP' /^4. An Act concerning the Blackstone ]\Ianuraciuring Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
A certain R. I. The Blackstone Manufacturing Company, a corporation es- 
ZyZldZ^i tablished by law in the state of Rhode Island, is hereby author- 
estate in Men- ized and empowered to possess and hold real estate, in the town 
'^°"" of Mendon, in the county of Worcester, and Commonwealth of 

Massachusetts, to an amount not exceeding the sum of three 
hundred thousand dollars. [Approved by the Governor, Feb. 
22, 1841.] 

Ch,(ip, Zot An Act concerning the Trustees of the Charlestown Free Schools. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

Sect. 1. The act passed on the twenty-seventh day of 
March, in the year one thousand seven hundred and ninety-three, 



1841. Chap. 25—28. 349 

entitled an act to incorporate certain persons by the name of the Number of trus- 
Trustees of tiie Charlestown Free Schools, is hereby so far J.^^^'^^'^^^ ''^ '"■ 
amended as to give the town of Charlestown power to elect eleven 
trustees instead of seven. 

Sect. 2. Five of the aforesaid trustees shall constitute a Five trustees 
quorum for the transaction of business ; and the act passed on »« be a quorum, 
the fourth day of March, in the year one thousand eight hundred, 
amending the act for the incorporation of the Trustees of the Repeal ofa 
Cliarlestown Free Schools, is liereby repealed. [Jlpproved by previous act. 
the Governor, Feb. 22, 1841.] 

An Act concerning limber carried upon adjoining lands by floods. K^ilu-pt ^'0» 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The first section of the fifty-second chapter of the Revised f<,f*^!;^g^*^^P" 
Statutes is hereby so far amended as to reduce the time from amended, 
eighteen to six months, within which any log, mast, spar or other 
timber carried by floods into any lands adjoining rivers, streams 
or ponds, may be removed therefrom by the owner of such logs 
or timber. [Approved by the Governor, Feb. 22, 1841.] 

An Act to incorporate the New England Sabbath School Union. ChctV. Ail, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Richard Fletcher, J. B. Jones, and John A. Persons incor- 
Bolles, their associates and successors, are hereby made a cor- por'*'^'^- 
poration by the name of the New England Sabbath School Union, 
lor tlie purpose of producing, publishing, selling and circulating 
moral and religious books, for the use of Sabbath schools, with 
all the powers and privileges, and subject to all the duties, lia- 
bilities and restrictions set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 2. The said corporation may take and hold, for the Estate, 
purposes aforesaid, real and personal estate to an amount not ex- 
ceeding twenty thousand dollars : provided, nevertheless, that 
nothing in this act shall be construed to authorize the said cor- 
poration to traffic in books for the purpose of profit, [^^pproved 
by the Governor, Feb. 22, 1841.] 

An Act to incorporate the Williston Seminary. Chctp. 2o. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloxDS : 

Sect. 1. Samuel Williston, Heman Humphrey, Emerson persons incor- 
Davis, John Mitchell, William Bement, Luther Wright, Jun., porated. 
and John P. Williston, their associates and successors, are here- 
by made a corporation by the name of the Williston Seminary, 
to be establisl)ed in Easthampton, in the county of Hampshire ; 
with all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in the forty-fourth chapter of 
the Revised Statutes. 



350 1841. Chap. 28—30. 

Estate. Sect. 2. The said corporation may hold renl and personal 

estate to the value of fifty thousand dollars, to be devoted exclu- 
sively to the purposes of education. [Approved by the Gov- 
ernor, Feb. 22, 1S41.J 

ChdT) 29. ■'^" ^^^ '° incorporate the fllassacliuseits Sabbath Scliool Society. 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as follows : 

Persons incor- Sect. 1. George W. Heard, Charles Scudder, and Moses 

porate . j^^ Hale, with their associates and successors, are hereby made 

a corporation by the name of tlie Massachusetts Sabbath School 
Society, for the purpose of establishing and aiding Sunday 
schools, supplying Sunday school libraries, and otherwise pro- 
moting Sunday school education, with all the powers and privi- 
le2;es, and subject to all the duties, liabilities and restrictions set 

Proviso. forth in the forty-fourth chapter of the Revised Statutes ; pro- 

vided, nevertheless, that nothing in this act shall be construed to 
authorize the said corporation to traffic in books for the purpose 
of profit. 

Estate. Sect. 2. The said corporation may take and hold, for the 

purposes aforesaid, real and personal estate, to an amount not 
exceeding fifty thousand dollars. [Approved by the Governor, 
Feb. 22, 1S41.] 

Chop. 30. All .^CT to set a part of Chelsea to Saugus. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Boundaries of Sect. 1. So uiuch of the said town of Chelsea, with the 
the territory set inhabitants thereon, as is embraced within the bounds hereafter 
named, is hereby set oft" from said town of Chelsea, and annexed 
to said town of Saugus, to wit : beginning at the southerly side 
of the Nevvbtnyport turnpike, on Maiden line, and running south 
twenty-six degrees east, fifty-one rods and eighteen links, on said 
Maiden line, to a stake and stones : thence north fifty-two de- 
grees east to Saugus line ; thence by the line of Saugus, South 
Proviso in re- Reading, and Maiden, to the bounds first mentioned : provided, 
gard to liabiii- JiQjf,Qi'cr, that the inhabitants thus set oft", shall be holden lo pay 

ll6S Oj-C. Ol . . ' 

persons set off. all taxes heretofore assessed, in the same manner as if this act 
had not been passed : provided, also, that all persons who shall 
have gained a settlement upon said territory, and who are now 
chargeable to the said town of Chelsea, shall remain and continue 
to be supported by said town of Chelsea, saving and excepting 
one John Bturill, who shall hereafter be considered as belonging 
to, and shall hereafter be supported by, said town of Saugus. 

Further provi- Sect. 2. If any persons who have gained a legal settlement 

sioiis concerning j jj {Q^y,^ ^f Cliclsea, bv 3 residence on said territory, or by 

persons set ol}. ,., . '^•' , ^ , •',.•' 

havmg been proprietors ol any part thereol, or who n)ay derive 

such settlement from any such resident or proprietor, shall come 
to want and stand in need of relief and support, they shall be re- 
lieved and supported by the said town of Saugus, in the same 



1841. Chap. 30—33. 351 

manner as if they had gained a legal settlement in that town. 
[Jlpproved by the Governor, Feb. 22, 1841.] 

An Act to incorporate the Suffolk Lead Works. Chttp. 31. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
asfolloics : 

Sect. 1. Charles H. Appleton, J. W. Ward, and Benja- Persons incor- 
min Graves, their associates and successors, are hereby made a porated. 
corporation, for the purpose of manufacturing sheet lead, lead 
pipe, lead paints, varnishes, chemicals and drugs in the city of 
Boston, under the name of the Suflblk Lead Works, wiili all 
the powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in the thirty-eighih and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- Estate, 
said, real estate to the amount of sixty tiioiisand dollars, and the 
whole capital stock of said company shall not exceed one hun- 
dred and sixty thousand dollars. [.Approved by the Governor, 
Feb. 22, 1841.] 

An Act to incorporate the American Powder Company. ChCLV. 32 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

Sect. 1. Nathan Pratt, William Wyman, and William H. Persons incor- 
Skinner, their associates and successors, are hereby made a P°'''^'^''- 
corporation by the name of the American Powder Company, 
for the purpose of manufacturing gunpowder in the towns of 
Acton, Concord, Sudbury and Stow, in the county of IMiildle- 
sex ; and for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties, restrictions and liabilities, 
set forth in the thirty-eighih and forty-fourth chapters of the 
Revised Statutes. 

Sect. 2. The said corporation may hold, for the purpose Estate, 
aforesaid, real estate to the value of forty thousand dollars, and 
the whole capital stock of said company shall not exceed the 
sum of one hundred thousand dollars. [Approved by the Gover- 
nor, Feb. 22, 1841.] 

An Act in relation to Recompense to Prosecutors and Officers. CJlCLV. 33 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfolloics : 

When any person arrested upon any charge of burglary, rob- i". case of for- 
bery or larceny shall forfeit his recognizance, or shall escape n]znnlf!T°^' 
from the custody of the law after being committed to jail for escape of a 
trial, the court before whom the case would have been tried 'f!!!^,"^'!' '''** 

I • 1 couri niriv 

shall have the same authority to order a recompense and allow- grant aiunvanco 
ance to the prosecutor, and also to the officer who has secured ^ Pi'oiecutor, 
and kept the stolen property, as is given to the court in case of 
conviction of similar offences by the twenty-sixth section of the 



352 1841. Chap. 33—36. 

one hundred and twenty-sixth chapter of the Revised Statutes. 
\_,^pproved by the Governor, Feb. 22, 1841.] 

CrflOp. «j4. An Act conceriiiug Rail-road Corporalions. 

BE it enacted by the Senate and House of Representatives, in 

General Court assembled, and by the authority of the same, 

as follows : 

Bonds, &c. of The treasurer of the Commonvveahh is hereby authorized, 

raii-road com- ^^j^}^ ^jjg consent of the governor and council, to discharge, trans- 

panies may be - & . ' mi 

given up on re- ier, or Surrender, as the case may requu'e, to any rail-road corpo- 
lurii of their ration, for whose benefit the scrip of the Commonweahh has been 

scrip to the .11,,, ' , I ,, 1 

treasurer of the issued, the bonds and mortgages, or stocks, or other collaleral 

^^^^®* security, given by such corporation as security for such scrip, 

whenever any rail-road corporation shall return to said treasurer 

the whole of the scrip issued by the Cotnmonwealih for its benefit. 

[Approved by the Governor, Feb. 23, 1841.] 

KyhdV, oD» An Act authorizing the Gliarlestown Wharf Company to extend their wharves. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Limits within The Said Company, theiV successors and assigns, are hereby 

which the authorized and empowered to extend and maintain their several 

wharves may . • L^i , • , r m- i n i 

be extended, wharves. Situate in Oharlestown, in the county of Middlesex, ly- 
ing between the westerly side of Gray's wharf, so called, and the 
Charles-river bridge, and also their wharves lying between the 
Warren bridge and the Prison-point bridge into the channel, as 
far as the line established by an act concerning the harbor of Bos- 
ton, passed on the seventeenth day of INIarch, in the year one 
thousand eight hundred and forty, with the right and privilege to 
lay vessels at the sides and ends of said respective wharves, and 

Provisoes. receive wharfage and dockage therefor: provided, that so much of 
said wharves respectively as may be constructed in said channel, 
shall be built on piles ; and provided also, that nothing herein con- 
tained shall be construed to authorize the proprietors thereof to 
lessen or injure the rights or jiroperty of the owner or owners of 
any wharves or other property adjoining any wharf which may be 
so extended, or the legal rights of any person or persons wiiat- 
ever. [Approved by the Governor, Feb. 23, 1841.] 

Chop. OD» An Act to incorporate the Truro Academy. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Persons incor- Sect. 1. Solomon Davis, Joliu Smith, and Jeremiah Paine 
porate . 2^^ iheir associates and successors, are hereby made a corpora- 

tion, by the name of the Truro Academy, to be established in 
Truro, in the county of Barnstable ; with all the powers and 
privileges, and subject to all the duties, restrictions and liabilities, 
set forth in the foriy-fourtli chapter of the Revised Statutes. 
Estate. Sect. 2. The said corporation may hold real and personal 

estate to the amount of eight thousand dollars, to be devoted ex- 



1841. Chap. 36—39. 353 

chisively to purposes of education, [^^pproved by the Governor ^ 

Feb. 27, 184 1.] 

An Act lo cliaii-je the name of llie Boslon Society for llie religious and moral instruc- CAflZ). oT. 
tioii ofilic I'oor. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The corporate naine of the Boston' Socieiy for the religious Namp to be the 
and moral insiruciion of the poor, incorporated by an act passed s„cieiv''*'**°"^ 
on the . twentieth day of February, in the year one ihousanil eight 
hiiiidret] and tweniy, is hereljy changed, and said cor[)Oration 
shall hereafier be known and called by the nanse of the City 
JNIissionary Society. [^Approved by the Governor, Feb. 27, 
1S4I.] 

An Act lo inrorporate the Truro Fire and Marine Insuianrc Coinpan}'. CJlOp, 3o. 

BR it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloxvs : 

Sect. 1. N. J. Knight, David Lombard, and Solomon Persons iacor- 
Davis, their associates and successors, are hereby made a cor- P"f'^^*"J- 
poration, by the name of the Trin"o Fire and Marine insniance 
Company, in the town of Truro, lor tlie [)in'pose ol making mar- 
itime loans and insurance against maritime losses, and against 
losses by fire, in the customary manner ; widi all the powers and 
privileges, and subject to all the duties, restrictions and liabilities, 
set forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and in the thlriy-fifih and one hundred and 
seventy-eighth chapters of the laws of the year one thousand 
eight hundred and thirty-eight, for the term of twenty years. 

Sect. 2. Said corporation may hold any estate, real or per- Conoeming 
sonal, for the use of snid company : provided, that the real es- la"^",^ VeifeTd. 
late shall not exceed five ihotisand dollars, except such as may 
be taken for debt, or held as collateral security for money due 
said company. 

Sect. 3. The capital stock of said company shall be thirty Capital stock— 
thousand dollars, with liberty to increase the same to fifty thou- 
sand dollars; and shall be divided into shares of fifiy dollars —*''.^'^'"" ''"^ 
each ; and shall l)e collected and paid in, in such instalments and P^>'"'S '" " • 
under such penalties as the president and directors of said com- 
pany shall order and appoint. 

Sect. 4. The said company shall be restricted to an amount Single risi«s n t 
not exceeding eight per cent, of their capital stock on any one '" *"*^u,'^of'^''* 
risk. [Approved by the Governor, Feb. 21, 1S41.] stock. 

An Act lo cstaMisli the dividing line l>elueen Orange anil Erving. Ckop. 39. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as foUotcs : 

Sect. 1. The dividing line between the towns of Orange Boundary line 
and Erving shall hereafter be as follows, viz. beginning at the ''escribed. 
45 



354 



1841.- 



-Chap. 39—41. 



southwest corner of Warwick ; ilience south, one degree west, 

three hundred and one lods, to Miller's liver. 
Confirmation of Sect. 2. TJie territory and jurisdiction, according to the 
teniiory, &c. jj^^^ ^^ established, are hereby confirmed to the towns ol'Oiange 

and Erving respectively. [JJpproved by the Governor, Feb. 27, 

1841.] 

C^hflT) 40 ■'^" ^^^ ^" eslal>lish the boundary line between Webster and Douglas. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloxos : 

From and after the passing of this act, the boundary line be- 
tween Webster and Douglas is hereby confirmed and estab- 
lished, as follows, viz. beginning at Nipmuc corner, on Oxford 
line ; thence running south, seven and a quarter degrees east, 
one thousand five hundred and seventy-eight rods, to the Bald 
Hill monument, on Connecticut line, erected by the commis- 
sioners of Massachusetts and Connecticut, in the year one thou- 
sand seven hundred and twelve. [^Approved by the Governor, 
Feb. 27, 1841.] 



Boundary line 
described. 



Chap, 41 



Persons incor- 
porated. 



Route of the 
turnpike de- 
scribed. 



An Act to establish llic Clam River Turnpike Corporation. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority oj the same, 
osfolloivs : 

Samuel Deland, Tiiomas Deming, and Calvin Burt, their 
associates and successors, are hereby made a corporation by the 
name of the Clam River Turnpike Corporation, for the purpose 
of making a turnpike road from Sandisfield, in the county of Berk- 
shire, to Tyringham, in said county, beginning at the bridge over 
Clam river in that part of said Sandisfield, called New Boston, 
(near Col. George Marvin's factory ;) thence on the west side of 
said river, and across the same ; thence on the east side of said 
river to the mouth of Hop brook ; thence on the east side of 
said river about one hundred and fifty rods ; thence in a north- 
westerly direction to a bridge in said Sandisfield, on the county 
road, leading from said Sandisfield to Lenox in said county ; 
thence on said county road to the dwelling-house of Lyman 
Bosworth, in West Otis, in said county ; thence in a northerly 
direction to the east bank of said Hop brook ; thence on the 
east bank of said Hop brook, about two hundred and eighty 
rods ; thence crossing said Hop brook, and near the west bank 
of the same to the end of a town road, near the dwelling-house 
of William Stedman, in said Tyringham ; thence on said town 
road about two hundred and twenty rods ; thence north-westerly 
to said county road, opposite to Nathaniel Hubbard's cider-mill 
in said Tyringham ; and for this purpose, shall have all the 
powers and privileges, and be subject to all the duties, require- 
ments and penalties contained and set forth in the thirty-ninth 
chapter of the Revised Statutes, [^^pproved by the Governor, 
Feb. 27, 1841.] 



1841. Chap. 42—44. 355 

An Act aulhorizina Hamilton Davidson to extend liis wharf in the town of Charles- /^hnrt AO 

town. unap. 4^. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled^ and by the authority of the same, 
as follows : 

Hamilton Davidson is hereby authorized and empowered to Limit within 
extend and maintain his wharf in the town of Charlestown, in may be^ex- 
the direction in which it now runs, and of the width of one tended, 
hundred feel into the harbor channel as far as the line established 
by an act concerning tlie harbor of Boston, passed on the seven- 
teenth day of Maich, in the year one thousand eight hundred 
and forty, and shall have and enjoy the same rights and privi- 
leges of laying vessels at the sides and ends of his said wharf, 
and of receiving wharfage and dockage therefor, which he now 
has : provided, that so much of said wharf as may be constructed Proviso, 
into said channel, shall be built upon piles, and that nothing 
herein contained shall in any way interfere with the legal rights of 
the owners of any adjoining wharves or other property, or of 
any person or ])erson3 whatever. [Approved by the Governor, 
Feb. 27, 1841.] 

An Act to incorporate the American Paper Company. ChctV. 43» 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Andrew J. Allen, Peter C. Jones, and Calvin Persons incor- 
Washburn, their associates and successors, are hereby made a p°" ^ 
corporation by the name of the American Paper Company, for 
the purpose of manufacturing paper in the town of Leominster, 
in the county of Worcester, and for this purpose shall have all 
the powers and privileges, and be subject to all the duties, restric- 
tions and liabilities set forth in the thirty-eighth and forty-fourth 
chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold real estate to the value Estate, 
of twenty thousand dollars, and the whole capital stock of said 
company shall not exceed the sum of forty thousand dollars. 
[Jlpproved by the Governor, Feb. 27, 1841.] 

An Act concerning Savings Banks. Chrtr) Ad- 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

All savings banks, and institutions for savings may make loans Savings banks, 
upon bonds or notes, with the pledge of the stock of any rail- *^<=- '"^y loan 

J J 111- r I • r^ "^ °" P'c«:;e of 

road company incorporated under the authoniy ol this Common- rail-road stock, 

wealth, the whole amount of whose capital is actually paid in, ^'ih.«'«'''a'n 

II i-ir rii provisoes, 

sucii loan not to exceed eiglity-hve per centum ot the par value 

of such stock : provided, thai no such loan shall be made upon 

the stock of any company whose road or franchise is subject to 

any mortgage or pledge ; and provided further, that no loan 

shall be made on any rail-road stocks, which stocks shall not, at 

the time said loan is made, command at least their par value in 



356 1841. Chap. 44—47. 

the ninrket ; and no such bank or institution shall so loan more 
than fifty per cent, of the amount of their deposites. [Approved 
by the Governor, JMarch 5, 1841.] 

ChoV 45 *^" ^^^ relating to Pilotage. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
asfoUoics : 
New provisions Sect. 1. From and after the passage of this act, every 
coiiceriiiiig branch pilot appointed agreeably to the provisions of the thirty- 
second chapter of the Revised Statutes, is authorized and direct- 
ed, by himself or his deputy, to take charge of any vessel bound 
into or goin^ out of the port assigned to him, except fishing ves- 
sels, and all American vessels of less than two hundred tons, 
bound fiom any port within tlie United States to a |)ort or place 
within tliis State, and excepting also, all other vessels bound 
from a port within this State to another port within the State, 
unless such vessel shall then be in the completion of a voyage 
from a port or place without the State ; the said pilot first show- 
ing his branch or warrant to the master of any such vessel, if 
required. 
Repeal of sec. Sect. 2. The seventh scction of the thirty-second chapter 
U.*^S?^ "' ^^ ^''^ Revised Statutes is hereby re|)ealed. [Jlpproved by the 
Governor, JSIarch 5, 1841.] 

C/hop. 4d. All Acr auilioriziiig Wilson Harslow to construct a wharf in the town of Rorhosler. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Lineofexten- Wilson Barstow is hereby authorized to construct a wharf from 
his land in the easterly part of Matiapoiseit hail)or, in the town 
of Rochester, in a southerly direction as far as the line of the 
channel ; and shall have and enjoy all the powers and privileges, 
and be sultjeci to all the liabilities, common to the jirojuietors of 
wharves in said harbor : provided, that this act shall not intei fere 
with the legal rights of any other person or persons. [Approved 
by the Governor, March i), 1841.] 

ChOJ). 47'. -^" ^^^ '" '"<^"'P">"ate the Croclsersville Maimfacturing Coinpnnv- 

BE it enacted by the Senate and f louse of Representatives, 

in General Court assembled, and by the authority of the same, 

as folloics : 

Persons incor- Sect. 1. J. Baker, J. H. Jenks, A. Crocker, their asso- 

poraic . ciaies and successors, are hereby made a coi-poraiion by the name 

of the Crockersville r\I;!iiuf;icluring Company, for the purpose of 

manufactm'ing paper, in the town of Fitchburg, in the county of 

Worcester, and carrying on the business thereof, in its vaiTni? 

braiichoi, wii!) all the powers and piivileges, and snlij.'ct to all the 

dtnies, restriciions and liabilities, set forth in the thirty-eighth and 

foriy-foiirih chajiiers of the Revised Statutes. 

Estate. Sect. 2. The said corporation may hold, for the |)urposes 

aforesaid, real estate to the amount of thirty thousand dollars, and 



siun 



Proviso. 



1841. Chap. 47—48. 357 

the whole capital of said corporation shall not exceed the sum of 
sixty thousand dollars. \_Jlpproved by the Governor^ March 5, 
1841.] 

An Act lo incorporate the I'roprielors of the Weweaniiii Bridge. L/hctp. 40. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Sylvanus Bourne, Stephen C. Luce, and Harri- Persons incor- 
son G. O. Ellis, their associates and successors, are hereby ^""^^^^ ' 
made a corporation by the name of the Proprietors of the 
"Weweantitt bridge, with ail the powers and privileges, and sub- 
ject 10 all ihe duties, restrictions, and liabilities contained in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation are hereby authorized to erect a Location of the 
bridge over Weweaniitt river, in the towns of Wareham and i^r'^ige. 
Rochester, in the county of Plymouth, between the mouth of 
Cuhasset creek and Putlon's cove, so called, at such place as 
the county commissioners for said county n)ay select ; said 
bridge to be built and constructed with a good and sufficient Draw, 
draw, of not less than twenty-five feet in width for the accommo- 
dation of vessels passing through the same ; and said bridge and ^^-^^^^ °^j. 
draw shall be built of good and sufficient materials, said bridge 
to be not less than twenty feet in width, with sufficient rails on 
each side for the protection of travellers. 

Sect. 3. Said corporation shall be held liable lo keep said Provisions for 
bridge and draw in good repair, and to raise the draw and afford ii^epmr, &.c. 
all necessary and proper accommudaiions to vessels having occa- 
sion to pass the same, by day or by night ; and at the place 
where toll shall be received, shall erect and keep constantly 
exposed to view a sign-board, with the rates of loll fairly and 
legibly written or printed thereon, in letters of a large size ; and Persons going 
all persons with iheir carriages and horses passing lo and from "\Mrch'ot^(\i- 
their usual place of public worship, and all j)ersons going to or nemis or en- 
returning from uiiliiary duty, and all persons passing to and hom fjfy ju"?,,'""" 
funerals, are herebv exempted from paying any toll required by exempt irom 
this act. ' _ _ •""^• 

Sect. 4. For the purpose of reimbursing the said proprie- Rates of toil, 
tors for the money that may be expended in building and sup- 
porting said bridge, a toll is hereby granted for the sole benefit 
of said proprietors, according to ihe following rales, viz. for 
each (bot passenger, two cents ; for each horse and rider, five 
cents ; for each gig, sulky or wagon, drawn by one horse, eight 
cents, and for each additional horse, two and a half cents ; for 
each chaise, carryall, or covered buggy, drawn by one horse, 
twelve and a half cents, and for each addiiional horse, two and a 
half cents ; for each coach, cliarioi, or |tli;ieton, drawn by two 
luirses, ivvemy cents, and for each iiddiii )nal hor^e, two and a 
half cents ; for each cart, sled, or oilier carriage of burden, 
drawn by one beast, six cents, and lor each addiiioni-l beast, two 
cents ; for each baggage wagon used in transporting merchandize, 



358 1841. Chap. 48—50. 

drawn by two beasts, fifteen cents, and for each additional beast, 
two and a half cents ; for horses, neat cattle, asses and mules, 
exclusive of those in teams, or rode on, two cents each ; for 
sheep and swine, one cent each, and one person, and no more, 
to each team shall pass free from toll, — the said tolls to com- 
mence from the time when said bridge shall be opened for 
Bridge to revert travel ; and when said proprietors shall be reimbursed the money 
to the Stale bv them expended in building said bridge, and other necessary 

after reimburse- -.i • » i • . ^ .1 ^1 *i 

meniofpro- expenses. With SIX per cent, annual interest thereon, then the 
prietors. said bridge shall revert to and become the property of the Com- 

monwealth, and shall be surrendered by said proprietors in good 
repair, and the obligations herein imposed on said corporation 
Proviso con- shall then cease : provided^ hoivever, that said towns of Wareham 
chase of the^"*^" ^""^ Rochester may at any time, from and after the day of open- 
bridge by ing said bridge for travel, purchase the same for the purpose of 
are am, c. j^^gj^j^g jj fj.gg^ ^y paying to the said proprietors such sum as 
said commissioners shall adjudge it would cost to build a bridge 
at the same place, of equal value ; and said proprietors, upon 
being paid that sum, shall transfer their right and interest in said 
bridge to the towns aforesaid, and thereafter said bridge shall be 
forever free, and said proprietors exonerated from any further 
obligation enjoined by this act. 
Bridge to be Sect. 5. If Said Corporation shall neglect to build and com- 
yearsT ' pleie said bridge within five years from passing this act, then the 
same shall be void. [Approved by the Governor, March 5, 
1841.] 

(yhup. 4y. An Act to eslablisli a Fire Department in the town of Haverhill. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follotcs : 
Reference to Sect. 1. A fire department is hereby established in the 

jggg^P"' ^' town of Haverhill, subject to, and to be governed by, the pro- 
visions of the act entitleti "an act to regulate fire departments," 
passed on the ninth day of April, in the year one thousand eight 
hundred and thirty-nine. 
Amount of an- Sect. 2. The sum to be expended in any one year, under 
lure's *'*^^"^'' ^^^^ direction of the board of engineers, for the purposes specified 
in the seventh section of said act, shall not exceed three hundred 
dollars, unless the town shall have authorized a larger appropri- 
ation. 
Act, when to Sect. 3. This act shall take effect from and after its accept- 

takc effect. ance, as prescribed in the ninth section of said act. [Approved 
by the Governor, March 5, 1841.] 

L/hCtp, OU. An Act to change the name of the Fishing Insurance Company. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

To be called Tlie corporation in the city of Boston, now known by the 

the City Marine name of the Fishing Insurance Company, is hereby allowed to 



1841.. Chap. 50—53. 359 

take, and shall hereafter be known by, the name of the City Ma- insurance Com- 
rine Insurance Company. [Approved h\j the Governor, March P^^^' 
6, 1841.] 

An Act to incorporale ilie New Bedford Alhcneum. Ckctp. 51. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John H. Morison, William H. Taylor, George Persons incor- 
F. Hussey, their associates, successors and assigns, are hereby P°^a'<^ • 
made a corporation, by the name of the New Bedford Atheneum ; 
with all the powers and privileges, and subject to all the duties, 
liabilities and restrictions, set forth in the forty-fourth chapter of 
the Revised Statutes ; with power also to hold real and personal Estate, 
estate, not exceeding in value the sum of thirty thousand dollars, 
to be appropriated exclusively to literary and scientific purposes. 

Sect. 2. The proprietors of the New Bedford Social Li- Certain other 
brary and New Bedford Lyceum, or either of them, are hereby unke whh"ile 
authorized, if they see fit, to transfer and convey the property of Atheneum. 
their respective corporations to the corporation by this act es- 
tablished, and to unite therewith in such form, and on such terms, 
as may be mutually agreed upon by the contracting parlies. 
[Approved by the Governor, March 6, 1841.] 

An Act concerning the Holliston Mutual Fire Insurance Company. L/hCip. uZ. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The said corporation are hereby further empow- Company may 

, . , ' 1 J- J .1 1 insure merchan- 

ered to msure goods, wares, merchandize, and other personal dize, &c. 
property, against damage and destruction by fire in any part of 
this Commonwealth. 

Sect. 2. Every policy made by said corporation shall of it- Policy to create 

,(. ,. •' r ^ r 1 • 1 • a lien, &c. 

self create a hen on the interest of the person insured, m any 
personal property thereby insured, for securing the payment of 
his deposite note, and of any sums for which he may be assessed 
in consequence of effecting such policy : provided, the extent of Proviso, 
such liability, and the intention of the corporation to rely upon 
such lien, shall be set forth in the policy ; and that upon the ex- 
piration of the policy, or upon the alienation of the property to a 
bona fide purchaser, the lien shall cease, unless such policy shall 
be continued in force by consent of the purchaser. [Approved 
by the Governor, March 6, 1841.] 

An Act concerning the \Veynioulh and Brainlree Institution for Savings. L'tiCtp. Do. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as foliates : 

The said corporation shall hereafter meet on the second Mon- Time of an- 
day in January, annually, instead of at the time provided in changer*"^ 
their act of incorporation ; and any thing contained in said act 
inconsistent herewith is hereby repealed. [Approved by the 
Governor, March 6, 1841.] 



360 1841. Chap. 54—56. 

(JJldPt 54. An Act to incorporate ihe Danvers Mechanic Institute. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the autkorily oj the same, 

as follows : 

Persons incor- Sect. 1. Elijah W. Uoton, Miles Osborn, and John Whit- 
poraied. i • • • i i i 

ney, iheir associates and successors, are hereby made a corpo- 

raiion by ihe name of the Danvers Mechanic Institute, for the 

purpose of promoting moral and intellectual improvement, the 

encouragement of the mechanic arts, and for charitable purposes ; 

with all the powers and privileges, and subject to all the duties, 

liabilities and restrictions contained in the forty-fourth chapter of 

the Revised Statutes. 

Estate. Sect. 2. The said corporation may hold real estate to the 

amount of eight thousand dollars, and personal estate to the 

amount often thousand dollars, to be devoietJ to the purposes 

aforesaid. [^Approved by the Governor, J^/arc/t. G, 184 I .] 

C^hftn ^O All Act in fidiliiiou to an Act concerning ilie yuijrcine Judicial Court and Court of 
J * ' Common Pleas. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the samSf 
as follows : 
Concerning Sect. J. The Supreme Judicial Court shall have exclu- 

w^as°e.^*' sive jurisdiction of all actions of waste, and all actions of the 

case in the nature of waste ; but this act shall not be construed 
to aflect any action pending at the time of its going into opera- 
tion. 
Concerning Sect. 2. Justices of the peace shall have original jurisdic- 

Weenrry'&c'. ^'°" '" cases of forcible entry and detainer, as provided in the 
one hundred and fourth chapter of the Revised Statutes. [_*^p- 
proved by the Governor, March 6, 1841.] 

ChctV' 56 ^'^ ^^'^ '" unite the Hosion and Portland liail-road Corporation, and the Boston 
-^ * * and Rlaine Ilail-road Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Provision for Sect. 1. The Stockholders of the Boston and Portland 

both companies Rail-road Corporation are hereby constituted stockholders of the 
under one Bosion and Maine Rail-road Company, a corporation created by 

the legislature of the state of New Hanipshire, in the year one 
thonsand eight hundred and thirty-five ; and the stockholders of 
the Boston and Maine Rail-road Company are hereby consti- 
tuted stockholders of the said Boston and Portland Rail-road 
Corporation ; and the said two companies are hereby made one 
corporation, by the name of the Boston and Maine Rail-road 
Company ; and all the franchises, property, powers and privi- 
leges granted or acquired under the aniliority of the said Slates 
respectively, shall be held and enjoyed by all the said stockhold- 
ers in proporlion to the number of shares or amotint of property 
lield by them respectively in either or both of said corporations. 
Sect. 2. One or more of the directors or other officers 



1841. Chap. 56—58. 361 

of said Boston and Maine Rail-road Company shall at all times 9"*^^ '"O'eof 

1 • I . • r 1 • y-i III '"*' otliccrs of 

be an inliabitant ol inis Commonweaitli, on wlioni processes ii,c New Hninp. 
against said company may be legally served, and said company siurc coiiiiwiiy 
shall be held to answer in the jurisdiction where the service is siaie. 
made, and the process is returnable. 

Sect. 3. The said company shall keep separate accounts ^•'i'^^*'® ?<^" 

c , . ,. • AT 1 1 • TVT TT 1 • couiils 10 be 

Ol ilieir expenditures ni Massachusetts and m l\ew Hanipsliu'e kept, and com- 
respectively ; and two commissioners shall be appointed, one by m'ssioners to 

-1 r 1 1 1 I 1 • /y r I r "e appoiiuecl, 

tile governor oi each state, to hold then- omces lor the term ol &,c. 
four years, and to be reasonably compensated by said company, 
who shall decide what portion of the expenditures of said com- 
pany and of its receipts and profits [)roperly pertain to that part 
of the road l}ing in JNIassachusetts and New Hampshire respect- 
ively ; and the annual report required to be made by the direct- 
ors to the legislature of this Commonwealth shall be approved 
by the said commissioners. 

Sect. 4. The said company and the stockholders therein, Pf.^jes and lia- 

,- , . ... 1 • AT I 1 11 1 I • Dililics of com- 

so lar as then* road is situated in Massacliusetts, shall be subject pany and stock- 

to all the duties and liabilities of the Boston and Portland Rail- iioWers. 

road Corporation, and the general laws of this State, to the same 

extent as the Boston and Portland Rail-road Corporation and 

the stockholders therein would have been if this act had not been 

passed. 

Sect. 5. This act shall not take effect until the legislature Act not to go 
of the State of iNew Hampshire shall have passed an act similar passa^'fe of a""' 
to this, nor until said acts shall have been accepted by the simiia'r one by 
stockholders of the said tw^o corporations respectively, at legal ^^^^ &c"'^' 
meetings called for that purpose. [Approved by the Governor^ 
March 6, 1841.] 

An Act concerning the Andrews Fishing Company. (^llCLV. Ol* 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled, and by the authority of the same, 
as folloics : 

The present owners of land adjoining the Andrews river and 
Mill pond, so called, in the town of Harwich, shall each be enti- 
tled to one share in the Andrews Fishing Company in Harwich ; 
and no one of them shall, by conveyance or descent of his land, Conveyance or 
create, or cause to be created, an additional number of shares : — creai*e"addi-° 
provided, hoicever, that each of the present owners, or iiis sue- lionai number 
cessor or successors, may divide his original share into parts or ^'^lares. 
fractions. [Approved by the Governor, JMarch 6, 1841.1 

An Act in addition to an Act, further regulating the storage, safe keeping and trans- QJlCtP' 58. 
portation of Gunpowder in the city of Boston. -^ 

BE it enacted by the Senate and House of Representatives y 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Wlicnever any quantity less than ten quarter-casks Police Court 
of gunpowder shall be seized and taken into custody by any one •" .'?"''f J"'''^" 

ot . ri/-i CI- c rt diction in cases 

or more of the engineers of the nrede|)aitmentol the city ot Bos- of seizure of 
ton, a libel or complaint may be filed in the clerk's office of the '"' ^^^° '*° 
46 



362 1841. Chap. 58—60. 

quarter-casks policG court of Said City of BostOH, and the said police court of 

of powder. g^j^ ^■^^y g|j3][ have jurisdiction thereof; and the like proceedings 

thereon (excepting a trial by jury,) shall be had in said court as 

are provided for by the fifth section of the act passed on the 

twenty-fifth day of March in the year one thousand eight hundred 

and thirty-three, to which this is in addition, in the like cases of 

seizures and proceedings before the municipal court ; — saving al- 

Right of appeal ways to any party aggrieved by any final judgment of said police 

provided lor, court, the right of appeal and trial by jury in said municipal court. 

Fines and pe- Sect. 2. All fines, penalties and forfeitures imposed by the 

Dailies, how g^^^ ^q vvhlch this is in addition, and by an act in further addition 
sucu lor occ* *" 

' ' thereto, passed on the twenty-eighth day of March in tlie year 

one thousand eight hundred and thirty-seven, may be sued for and 
recovered by the chief engineer, or any one or more of the en- 
gineers of the fire department of the said city of Boston, or by 
any person thereto authorized by a vote of the board of engineers 
of the said fire department. [..Approved by the Governor, March 
6, 1841.] 

UfiaP' 0«7. An Act to incorporate the Stoneville Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Persons incor- Sect. 1. Rufus Hastings, Loring F. Perry, their associates 
poraied. gnd successors, are hereby made a corporation, by the name of 

the Stoneville Manufacturing Company, for the purpose of man- 
ufacturing cotton and woollen goods, or either of them, in the 
town of Auburn, in the county of Worcester ; and for this pur- 
pose shall have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 
Estate. Sect. 2. Said corporation may hold, for the purposes afore- 

said, real estate to the value of thirty thousand dollars, and the 
whole capital stock of said company shall not exceed the sum of 
eighty thousand dollars. [^Jlpproved by the Governor, March 
6, 1841.] 

\jflup» OU. An Act in addition to an Act concerning the Harbor of Boston. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as folloiDS : 

Alteration in The line of that part of the harbor of Boston, lying between 

part of line, fix- "\yggt Bostou bridiie and tke Boston and Roxbury mill-dam, 

CQ f)v cicl or •/ / 

March 17, 1840. which was established by the act of March seventeenth, one 
thousand eight hundred and forty, is hereby altered in part, and 
shall hereafter run as follows ; that is to say, beginning at the 
south-westerly corner of the pier wharf situate on the southerly 
side of said West Boston bridge, and thence running southerly 
to a point in the line heretofore established by the act aforesaid ; 
whiclj point is eight hundred feet distant from the corner of said 
pier ; and from the said last-mentioned point running again south- 



1841. Chap. 60—62. 363 

erly, but more westerly, in a direction to a point on the northerly 

side of the said Boston and Roxbury mill-dam, which point is 

ten hundred and eighty-six feet distant from a brick building 

standing at the corner on the easterly side of Charles street, and 

northerly side of Beacon street, until it comes to a line running 

parallel with said mill-dam, and two hundred feet distant from 

the northerly side thereof, then uniting with a line established by ' 

said act. [^Approved by the Governor^ JSIarch 6, 1841.] 

An Act concerning ilie Skinnaquiis Fishing Company. K/tlGp, Ol. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folio ics : 

The present owners of land adjoining the Sklnnaquits pond 
and stream or Red river (so called) in the towns of Harwich Convevance or 
and Chnthani, shall each be entitled to one share in the Skinna- descen'i not lo 
quits Fishing Company, in Harwich and Chatham ; and no one ahrumber'of"'' 
of them shall, by conveyance or descent of his lands, create, or shares, 
cause to be created, an additional number of shares : provided, 
however, that each of the present owners, or his successor or 
successors, may divide his original share into parts or fractions. 
[^Approved by the Governor, JMarchG, 1S41.] 

An Act lo repeal the Charier of ihe Worcesier Turnpike Corporaiion. K^flCLp, OZ, 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Worcester Turnpike Corporation, created by Corporation 
an act passed on the seventh day of Maich, in the year one thou- "*° ^'^ • 
sand eight hundred and six, shall be dissolved, and the surrender 
of their charier is hereby accepted in conformity to their petition 
to that effect. 

Sect. 2. This act shall take effect on and after the first day Act, when to 
of September next ; and on and after said first day of Septem- ^^ ® ^ ^'^^' ^' 
ber, all the turnpike road of said corporation, excepting so much 
thereof as has been already, or shall then have been laid out as a 
town or county road, shall be discontinued, and the said turnpike 
corporation are hereby forever discharged from all liability to 
keep said turnpike road in repair. 

Sect. 3. If that part of said turnpike which crosses the Concerning: 
bridge over Long Pond, between Worcester and Shrewsbury, Jurnpike which 
shall be laid out as a public highway, the municipal corporations crosses Long 
liable by law to support the same, shall be authorized to collect ' 
reasonable tolls for the purpose of keeping said bridge in repair, 
the rates of such tolls to be established from time to time by the 
county commissioners for the coimty of Worcester ; and the ex- 
penses of ninintaiiiing said bridge, and the receipts from said tolls, 
shall be borne and divided between said corporations, in propor- 
tion to the extent of said brid2;e witliin the jurisdiction of said 
towns respeciivelv. \_Approved by the Governor, JMarch 10, 
1841.] 



364 



1841.- 



-Chap. 63—65. 



Chap. 63. 



Persons incor- 
porated. 



Estate. 



Chap. 64. 



Penalty upon 
certain persons 
for digging 
clams witliout 
license, — 



— how recov- 
ered. 

Concerning 
vessels, &c. 
employed in 
violation of this 
law.' 



An Act to incorporate the Peppcrell Academy. 

BK it enacted by the Senate and House of Representatives 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. David Blood Jr., Seth Nason, and Nathan Ship- 
ley, their associates and successors, are hereby made a corpora- 
tion, by the name of the Pepperell Academy, to be estabhshed 
in Pepperell, in the county of Middlesex, with all the powers 
and privileges, and subject to all the duties, restrictions and lia- 
bilities, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The said corporation may hold real estate to the 
value of five thousand dollars, and personal estate to the value of 
fifteen thousand dollars, to be devoted exclusively to purposes of 
education. [/Ipproved by the Governor, March 10, 1841.] 

An Act for the protection of the Shell Fishery in Ipswich. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. If any person, not an inhabitant of the town of 
Ipswich, shall dig or take any clams from the flats owned by said 
town witlu ut permission first obtained in writing from the select- 
men of said town, the person so offending shall forfeit, for every 
bushel of clams, including their shells, so dug or taken, the sum 
of one dollar, to be recovered on complaint before any justice of 
the peace for the county of Essex, to the use of said town. 

Sect. 2. Any vessel, boat, or craft, being in the possession 
or use of any person violating the first section of this act at the 
time and })lace of such violation, may be seized, detained, and 
proceeded against as is provided in the fourteenth section of the 
fifty-fifth chapter of the Revised Statutes. [Approved by the 
Governor, March 10, 1841.] 



Chap. 65. 



Persons incor- 
porated. 



Estate. 



An Act to incorporate the Beverly Steam Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. John Safford, Abraham Edwards, Albert Thorn- 
dike, their associates and successors, are hereby made a corjio- 
ration by the name of the Beverly Steam Manufacturing Com- 
pany, for the purpose of manufacturing cotton goods, in the town 
of Beverly, in the county of Essex, with all the powers and 
privileges, and subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- 
said, real estate to the amount of one hundred thousand dollars, 
and the whole capital stock of said company shall not exceed the 
sum of three hundred thousand dollars. [./Ipproved by the Gov- 
ernor, March 10, 1841.] 



1841. Chap. 66—67. 365 

An Act to incorporate llie Proprietors of Central Wharf, in Roxbur^-. ^j ^n 

13 E it enacted by the Senate and House of Representatives, ^ ' 

in General Court assembled, and by the authority of the same, 
as foUoics : 

Sect. 1. Aaron D. Williams, Samuel Swett, and Tasker Persons incor- 
H. Swett, their associates and successors, are hereby made a P"^^'*^*^- 
corporation by the name of the Proprietors of Roxbury Central 
Wharf, with power to purchase and hold, in fee simple or other- Power to pur- 
wise, all or any part of that real estate situated on Island street in reafesu'ie^&c. 
Roxbury, and known by the name of Roxbury Central Wharf, 
bounded northwardly by Island street in Roxbury, eastvvardly by 
land now or late of Sumner and Williams, southwardly on South 
Boston Bay, including the flats and other privileges and appurte- 
nances to the said premises belonging ; and the said corporation, 
within the limits aforesaid, may construct docks and wharves, 
erect warehouses and buildings, and improve and manage the 
said property as to them may seem expedient : provided, how- 
ever, that nothing herein contained shall authorize the said corpo- 
ration to infringe upon the legal rights of any person. 

Sect. 2. The said corporation shall, at their first legal l^'^'s'?"°f 

J c .1 1 r I .1 slock into 

meetmg, agree upon and nx tlie number ol shares, not exceed- shares, &,c. 
ing two hundred, into which their stock shall be divided, which 
shares shall be transferable in a book to be kept by the clerk of 
the corporation for that purpose. The corporation may, from 
time to time, assess on the stockholders such sums of money, 
not exceeding in the whole fifty thousand dollars, as may be 
necessary for the purchase, improvement, and management of 
their said estates, and shall liave all the powers and privileges, 
and be subject to all the duties, restrictions and liabilities, con- 
tained in the forty-fourth chapter of the Revised Statutes. 
[Jlpproved by the Governor, March 10, 1841.] 

An Act to incorporate the Washington Seminar}'. L/httV. O / . 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the autliority of the 
same, as follows : 

Sect. 1. Reuben Ware, Benjamin Slack, Moses Garfield, Persons incor- 
their associates and successors, are hereby made a corporation by P°'''*'^ 
the name of the Washington Seminary, to be established in the 
town of Needham, in the county of Norfolk, with all the powers 
and privileges, and subject to all the duties, restrictions and liabil- 
ities, set forth in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and personal Estate, 
estate to the amount o{ fifteen thousand dollars, to be devoted ex- 
clusively to purposes of education. [Jlpproved by the Governor, 
March 10, 1841.] 



366 



1841.- 



-Chap. 68—71 



Chap. 68. 



Persons incor- 
porated. 



Estate. 



Chap. 69. 



Number of 
miles run by 
the trains to be 
returned. 



Chap. 70. 



Time for open- 
ing certain town 
meeting's. 



Concerning 
ballots. 



Repeal of cer- 
tain previous 
provisions of 
law. 



Chap. 71. 



An Act to incorporate the Great Barrington Academy. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Increase Sumner, Samuel Rosseter, and David Ives, 
their associates and successors, are hereby made a corporation 
by the ^lame oftiie Great Barrington Academy, to be establislied 
in Great Barrington, in the county of Berkshire, with all the pow^- 
ers and privileges, and subject to all the duties, restrictions and li- 
abilities, set forth in the forly-fourih chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real estate to the 
value of ten thousand dollars, and personal estate to the value of 
fifteen thousand dollars, to be devoted exclusively to purposes of 
education. [JJpproved by the Governor, J\f arch 10, 1841.] 

An Act concerning tlic Returns ot Rail-road Corporations. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The several rail-road corporations in this Commonwealth, in 
addition to the returns of cost and expenses of their roads, which 
they are now by law obliged to make, are hereby required to 
report the number of miles run by passenger trains, and the 
number of miles run by merchandize and other trains during the 
year. [»^pproved by the Governor, March 10, 1841.] 

An Act concerning Elections. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. J. All meetings for the election of governor, lieuten- 
ant governor, senators and representatives of the Commonwealth, 
electors of president and vice president of the United States, or 
of representatives to Congress, may be opened as early as nine 
o'clock in the forenoon of the day of election, and shall be 
opened as early as two o'clock in the afternoon ; and the 
selectmen of the several towns, and the mayor and aldermen of 
the several cities, shall decide whether said officers shall be voted 
for on one ballot, or at the same time on separate ballots, and 
shall give notice thereof in the warrant calling the meeting. 

Sect. 2. The first section of the act concerning elections, 
passed on the ninth day of March, in the year one thousand 
eight hundred and thirty-nine, and so much of the second sec- 
tion of the fourth chapter of the Revised Statutes, as is incon- 
sistent with the provisions of this act, are hereby repealed. 
[J3pproved by the Governor, JMarch 10, 1 84 1 .] 

An Act to incorporate the Proprietors of ihe Columbia Hotel. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1 . Jabez W. Barton, Samuel S. Lewis, and Caleb Eddy, 



1841. Chap. 71—73. 367 

their associates and successors, are hereby made a corporation, by Persons incor- 
the name of the Proprietors of the Cohimbia Hotel, for the purpose P"^a'ed. 
of erecting a hotel in the vicinity of Tremont and Court streets, 
in the city of Boston, and niaintaining such public house, and 
the buildings or improvements connected iherewiih ; and for 
these purposes shall have all ihe powers and privileges, and be 
subject to all the duties, restrictions and limitations, set forth in 
the thirty-eighth and forty-fourth chapters of the Revised Stat- 
utes : provided, that said corporation shall not carry on the busi- 
ness of hotel keeping, or be in any way interested in such busi- 
ness. 

Sect. 2. The whole amount of real and personal estate, or Estate, 
capital stock, which said cor|)oration may hold for the purposes 
aforesaid, shall not exceed five hundred thousand dollars in 
value. [Approved by the Governor, March 13, 1S41.] 

An Act in addition to an Act to incorporate the Hartford and Springfield Kail-road C^hnr) 72 
Corporation. -t * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The time allowed by the sixth section of the statute of one Timefororgan- 
thousand eight hundred and thirty-nine, chapter one hundred extended.*' 
and one, for the organization of the Hartford and Springfield 
Rail-road Corporation, is hereby extended for two years from 
and after the fifth day of April next ; and the time therein 
allowed for the completion of the road of said corporation is 
hereby extended to three years from and after the said fifth day 
of April. [Approved by the Governor, March VS, 1841.] 

An Act to annex a part of Southampton to Easthampton. ChWD 73 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Ail that part of Southampton included within the following Houndaries of 
boundaries, viz. beginning at Baldwin's corner, so called, '®"''*"^^ *^' ° " 
thence running south two degrees west, eighteen rods ; thence 
south, forty-five degrees west, twenty rods ; thence south, 
twenty-nine degrees west, fifteen rods and seven links ; thence to 
the road south, thirty-seven degrees east, eighteen rods and six 
links to the road leading from Southampton to Easthampton ; 
thence crossing said road in the same direction four rods to a 
fence ; thence on the south side of said road north, seventy-one 
degrees east, twenty-four rods, until it intersects the road leading 
to the east school-house in Southampton ; thence south, nine Same, 
degrees west, ten rods ; thence soutli, one degree east, on tho 
west side of said road, forty-seven rods ; thence crossing said 
road to a gate south, sixty-nine degrees east, fifty-seven rods to 
Easthampton line ; tiience by Easthampton line, as it has hereto- 
fore existed, to Baklwin's corner, first named, wiih all the inhab- 
itants thereon, is hereby set ofF from the town of Southampton 
and annexed to the town of Easlbampton, [Approved by the 
G&vernor, March 13, 1S41.] 



368 



1841.- 



-Chap. 74—76. 



Chap. 74. 



Two thirds, 
only, of cost, 
&c. to be paid 
by the Stale, 
instead of the 
whole, as 
hitherto. 



County trea- 
surers to charge 
the yiate only 
two thirds, &c. 



Repeal of cer- 
tain provisions 
of law. 



Chap. 75. 



Persons incor- 
porated. 



Estate. 



Chap. 76. 



Certain regula- 
tions. &,c. by 
the town, au- 
thorized. 



An Act relative to the cost and expenses of Criminal Prosecutions. 

BE it enacted by the Senate and House of Representatives ^ 
in General Court assembled, and by the authority of the same, 
a follows : 

Sect. 1. Two tliirds of all legal costs and expenses which 
shall arise in any criminal prosecution, except when they shall 
be paid by the party prosecuted, shall be paid out of the trea- 
sury of the Commonwealih, in the manner provided by the one 
hundred and forty-first chapter of the Revised Statutes, and the 
other third part thereof shall bo paid out of the treasuries of the 
respective counties in which they occur : provided, that no j)art 
of the costs which may arise under any prosecution for the viola- 
tion of a by-law of any town in this Slate shall be paid out of the 
treasury of the Commonwealth. 

Sect. 2. The several county treasurers, in the accounts 
which they are now by law required to transmit to the treasurer 
of the Commonwealth and to the governor and council, shall 
charge to the Commonwealth only two thirds of the several 
sums which they are authorized to charge by the provisions of 
the said one hundred and forty-first chapter. 

Sect. 3. All provisions of law now existing for the reim- 
bursement by the Commonwealth of the costs and expenses of 
criminal prosecutions, which may arise or be incurred after this 
act shall go into effect, and which are inconsistent herewith, are 
hereby repealed. [Approved by the Governor, March 13, 1841.] 

An Act to incorporate the North Oxford Manufacturing Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Abisha Larned, Asa Cutler, and George Torrey, 
their associates and successors, are hereby made a corporaiion 
by the name of the North Oxford Manufacturing Company, for 
the purpose of manufacturing cotton and woollen goods, in the 
town of Oxford, in the county of Worcester ; and for this pur- 
pose shall have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the purposes afore- 
said, real estate to the amount of one hundred thousand dollars ; 
and the whole capital stock of said company shall not exceed 
two hundred thousand dollars. [^Jlpproved by the Governor, 
March 13, 1841.] 

An Act in relation to certain Fisheries in Nantucket. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. From and after the passage of this act, the town of 
Nantucket, at any meeting duly warned and held for that purpose, 
may make and ordain such ordinances and regulations for the 
free access, increase, preservation, and taking of fish in Mad- 



1841. Chap. 76—79. 369 

deket ditch nnd harbor, and Long pond, situated in said town, 
and may, for a violation of said ordinances and regulations, annex 
such penahies, not exceeding fifiy dollars for one offence, to be 
recovered in an action of debt for the use of said town, by the 
treasurer thereof, as they may deem for the good of the inhabit- 
ants : provided^ said ordinances and regulations are not repug- 
nant to the laws and the constitution of this Commonwealih. 

Sect. 2. Said town may annually appropriate a sum not ex- An annual ap- 
ceeding two hundred dollars, to carry into effect the |)rovisions ^uXij^gj" 
of this Act. [Approved by the Governor, JMarch 13, 1841.] " °"^^ * 

All Act concerning' Lunatics. Ch(lT> 77 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Whenever any lunatic or insane person shall be committed to 'I'ouns may re- 
the State Lunatic Hospital, at Worcester, from any town f^^'^r oCmher 
wherein he has not a legal settlement, and such town shall pay pd'oriSics 
the expense of his support at said hospital, such town niay re- "» certain case*, 
cover from the town in which he has a legal settlement the full 
amount of all the expense so paid to said hospital. \^J)pproved 
by the Governor, March 13, 1841.] 

An Act to repeal llie Cliarter of tlie ftliddlesex 'furnpikc Corporation. Chot) 78 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Middlesex Turnpike Corporation, created by Corporation 
an Act passed on the fifteenth day of June, in the year one thou- '•'"o'ved. 
sand eight hundred and five, shall be dissolved, and the surrender 
of their charter is Iiereby accepted, in conformity to their petition 
to that effect. 

Sect. 2. This Act shall take effect, and be in force, on and Act, wiiento 
after the first day of June next ; and on said first day of June all '^''« «^«c'> <fcc. 
the turnpike road of said corporation, excepting so much as has 
been by them sold to the Nashua and Lowell rail-road company, 
and excepting so much thereof as already has been, or then shall 
have been laid out and established as a town or county road, shall 
be discontinued, and the said turnpike corporation are hereby 
forever discharged from all liability to keep their said road in re- 
pair. [^Approved by the Governor, March 13, 1841.] 

An Act relating to the Boston Mutual Fire Insurance Company. C/lCtp, 79. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Every policy made by said corporation shall of itself create a Policy to create 
lien on the interest of the j)erson insured, in any personal prop- a lien, dtc. 
erty thereby insured, for securing the payment of his deposite 
note, and of any sums for which he may be assessed in conse- 
quence of effecting such policy : provided, the extent of such 
liability and the intention of such corporation to rely upon such 
47 



370 1841. Chap. 79—81. 

lien, shall be set forth in the policy ; and that, upon the alienation 
of the property to a bona fide purchaser, the lien shall cease, 
unless such policy shall be continued in force by consent of the 
purchaser. [Approved by the Governor^ March 13, 1841.] 

ChCtV' 80. ^" ^^^ ^° annex a part of Easthannplon to Southampton. 

BE it enacted by the Senate and House of Representatives ^ 
in General Court assembled, and by the authority of the same, 
as follows : 
Boundaries of All that part of Easthampton included within the following 
territory set off. boundary lines, to wit : beginning at a monument south-westerly 
of the dwelling-house of Joshua Pomroy, at the corner of the 
towns of Westhampton, Southampton and Easthampton ; thence 
running easterly on the boundary line between the towns of 
Southampton and Easthampton to a corner between said towns ; 
thence northerly on the boundary line between Southampton and 
Easthampton, and thence continuing in a straight line to the line 
of Southampton ; thence westerly on said line between Easthamp- 
Same. ton and Westhampton ; thence southerly on the line between 

Easthampton and Westhampton to the place of beginning, to- 
gether with the inhabitants thereon, is hereby set off from East- 
hampton and annexed to Southampton. \_,jipproved by the Gov- 
ernor, March 13, 1841.] 

CJlQiV, 81. An Act to incorporate the Salem Children's Friend Society. 

BE it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, 
as follows : 
Persons incor- Sect. 1. Mary Elizabeth Wayland, Harriet Adams, Rebek- 
porated. gjj Dodge, their associates and successors, are hereby incorpo- 

rated by the name of the Salem Children's Friend Society, for 
the purpose of providing for the support and education of indigent 
children of both sexes, not otherwise provided for, and who, for 
want of parental care, are in a suffering and dangerous condition. 
May receive Sect. 2. The said corporation may receive and take by pur- 

and hojd^prop- chaso, grant, devise, bequest, or otherwise, any real or personal 
tain amount, property, and hold the same for the purposes aforesaid, and may 
manage and dispose of the same according to their discretion : 
provided, that the whole amount of the real and personal property 
held and possessed by the said corporation shall never exceed in 
value, at any one time, the sum of twenty thousand dollars. 
BoardofAdvi- Sect. 3. Michael Carlton, Stephen C. Phillips, Asahel 
8"3. Huntington, William Dean, John Chapman, and their successors, 

are hereby constituted a board of advisors, to cooperate with, and 
assist, the officers and managers of said Salem Children's Friend 
Society, in promoting the benevolent purposes aforesaid. [_'^p- 
proved by the Governor, March 13, 1841.] 



1841. Chap. 82—85. 371 

An Act to incorporate the Boston Benefit Society. CJldT) 82 

BE it enacted by the Senate and House of Representatives^ 
in General Court assembled^ and by the authority of the same, 
as follows : 

Sect. 1. D. Humphreys Storer, Robert B. Lincoln, James Persons incor- 
Knott, Jr., their associates and successors, are hereby made a P°'*'® • 
corporation, by tlie naine of the Boston Benefit Society, for the 
purpose of affording, by means of a stated contribution from the 
members, pecuniary assistance to each other in time of sickness, 
and by the satne means to raise a fund, from which there may be 
made a bestovvment of a certain sum upon the widow of any 
member at the time of his decease, and upon the widower at the 
decease of his wife ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions set forth in 
the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may take and hold, for the Estate, 
purposes aforesaid, real or personal estate, or both, to an amount 
not exceeding twenty thousand dollars, l^pproved by the Gov- 
ernor, March 13, 1841.] 

An Act to punish collusion in cases of Divorce. ChciV, 83. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Whenever a divorce from the bond of matrimony shall be de- In case of di- 
creed for any cause allowed by law, the guilty party shall be pany''s^ifan"'be 
debarred from contracting marriage during the life-time of the debarred from 
innocent party ; and if the guilty party shall contract such mar- "'^"^'"'ff- 
riage, the same shall be void, and such party shall be adjudged 
guilty of polygamy. [Approved by the Governor, March 13, 
1841.] 

An Act concerning the Ocean Steam Packet Company. CllCtV 84. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Ocean Steam Packet Company is hereby authorized to Capital stock 
increase its capital stock to an amount not exceeding twelve bun- ^^^J^c ^'^"^^^' 
dred thousand dollars ; and the time for laying and collecting 
the assessments set forth in the fifth section of the act incorpo- 
rating said company, is hereby extended and limited to the fifth 
day of April, in the year one thousand eight hundred and forty- 
four. [Jlpproved by the Governor, March 13, 1841.] 

An Act authorizing Rebecca A. Amory and Isabella S. Amory to extend their ChctP. 85. 
Wharf. ^* 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, arid by the authority of the same, 
as follows : 

Rebecca A- Amory and Isabella S. Amory are hereby Wharf may be 
authorized to extend their wharf in the city of Boston into the ^"''^'V'^J? '^ * 
channel, to the line established by an act to preserve the harbor 
of Boston, and to prevent encroachments therein, passed on the 



372 1841. Chap. 85—88. 

nineteenth day of April, in the year one thousand eight hundred 
and thirty-seven, and shall have and enjoy the same rights and 
privileges, at the sides and ends of their said wharf, and of re- 
ceiving wharfage and dockage therefor, which they now have : 
provided, that so much of said wharf as may be extended into 
Part to be built said channel, shall be built upon piles, and nothing herein con- 
on piles, tained shall in any way interfere with the legal rights of the own- 
ers of any of the adjoining wharves, or of any person whatever. 
[^Jlpproved by the Governor^ March 16, 1841.] 

f^hnr) QQ An Act concerning complaints for damages caused by Mill-dams. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Joint complaint In all cases of Complaint for damages done to land by erecting 

of diflerent per- ^^ maintaining; any mill-dam, as provided in the one hundred and 

sons suntjTiii*'' o y ' ^ r 

damage author- sixteenth chapter of the Revised Statutes, any two or more per- 
'^«''- sons suffering damage from any mill-dam, whether jointly or 

separately interested in lands injured by the same dam, may join 
in said complaint, and their cases may be heard before the same 
jury, and the jury may assess joint or several damages, as the 
interest and title of the complainants may require ; and judgment 
and execution for costs and damages shall be had in conformity 
thereto. [Approved by the Governor, March 16, 1841.] 

Chop. 8*7. An Act in addition to an Act to incorporate the Third Religious Society in Dor- 
■* ' Chester. 

BE it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Provisions con- The provisions of the Act to which this Act is in addition, in re- 

meetiiK'-iious<r'^ spect to the mceiing-house first occupied by the said society, and 

applied to pres- the rights and obligations of owners and occupiers of pews, are 

cnione, &.C. hereby extended and applied, in all respects whatever, to any 

meeting-house now built and occupied, or which shall hereafter 

be l)uili and occupied by the said society. [Approved by the 

Governor, March 16, 1841.] 

f^hnrt PiPi ■^" ^^^ relating to Charles River Bridge and Warren Bridge. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 
Scrip for SccT. 1. The treasurer of the Commonwealth is hereby 

^25,000 to be authorized and directed lo issue scrip or certificates of debt in 
prieiorsof the name and in behalf of the Commonwealth, for the sum of 
Charles river twentv-five thousand dollars, in sums of one thousand dollars 

bridge, upon •' , , ii- •, .re 

surrender eacli, payable to the bearer, and bearmg an mterest ol five per 

thereof to the cent, per annum, payable semi-annually at the office of the treas- 
urer of the C'omnionvvealih, on the first days of April and Oc- 
tober, and said snip or ceriificales of debt shall be redeemable 
at the |)leasure of tiie Conunon wealth after two years ; and the 
treasurer of the Commonwealth shall deliver said scrip or certifi- 



1841. Chap. 88. 373 

cates of debt to the treasurer of the proprietors of Charles-river 
bridge, to be divided, or (he proceeds thereof to be divided, 
among said proprietors, according to the number of shares they 
may respectively hold, whenever said proprietors siiall deliver to 
the treasurer of the CommonweaUh aforesaid a good and suffi- 
cient instrument in form, to be approved by the governor and 
council, surrendering to the Commonwealth all their right and 
title in and to said Charles-river bridge, to the materials of which 
it is constructed, and the franchise or right to take tolls as hereto- 
fore granted to them : provided, said proprietors shall be re- proprietors of 
leased from all liabilities and obligations imposed by their char- F'?^'^*"'^'®' 
ter and acts relating thereto, and be allowed to have the powers of fnmf certain lia- 
a corporation for the purpose of settling; and closing liieir con- i>iiii>fs, and 

' -1 t • 1 r r I I r I T-» • 1 allowed time to 

cerns, as prescnbea in the lorty-iourlh chapter ol tlie Kevised settle up. 
Statutes. 

Sect. 2. For the purpose of redeeming the scrip or certifi- Toil to be 
cates of debt provided for in the above section, and for the fur- chaTies-"iver 
ther purpose of accumulating a fund sufficient to repair and keep bridge to re- 
in repair the Charles-river bridge as a free public avenue, there t'eem scrip, &«. 
shall be levied and collected the same rates of toll upon the said 
bridge as heretofore granted, and received by the proprietors 
thereof, and the same shall be paid into the treasury of the Com- 
monwealth according to the provisions of this act. 

Sect. 3. The governor, with the advice and consent of the Concerning ap- 
council, is hereby authorized to appoint an agent to repair said affeni"o"'°'^ 
bridge in such manner as shall be prescribed by three couimis- Charles-river 
sioners, to be appointed by the governor, by and with the con- ^^'^."'^e,— com- 
sent of the council, as soon as may be consistenily with good 
economy, and to superintend said bridge, with full power, on ^[d^^^"*^ 
the part of said agent, when said bridge is ready to be opened 
for public travel ; to appoint toll-gatherers and all other suitable — '"ll^saiher- 
persons, from time to time to collect and receive said tolls, and 
to do all other necessary things in regard to said bridge ; and 
said agent shall render to the governor and council a quarterly ac- —quarterly ac- 
count of all receipts of toll at said bridge, and of all other receipts ^"""'*' ^''• 
in behalf and on account of said bridge, and of all expenditures 
in relation thereto, and shall at the same time pay over to the 
treasurer of the Commonwealth the balance of said quarterly 
accounts remaining in his hands. And said agent, on the second Affentof 
Wednesday of January, in each year, shall make a report to the h/X'^^To'^^/ 
legislature of his doings as such agent, to which report shall he port'^annualiy 
added an account of all his receipts and expenditures during the ^o '^gisiature. 
year preceding ; and the governor is authorized to draw his war- Warrants for 
rants on the treasury in favor of the agent aforesaid, from time to r/a^r'^"-'^- 
time, as the same may be needed to carry on the repairs of said hridf^enot to 
Charles-river bridge : provided the sums so drawn from ihetreas- cxceed5io,ooo. 
ury for the purpose aforesaid shall not in the aggregate exceed 
ten thousand dollars. 

Sect. 4. The governor, with the advice and consent of the A^ent of 
council, shall demand and receive from such agent a bond with f^h-jr'cs-nver 
sureties in such sura as they shall deem sufficient for the faithful bond. 



374 1841. Chap. 88. 

performance of his duties in the discharge of his office, anu 
His compensa- shall also fix the annual compensation to be allowed to such agent 
^'*'"" out of said tolls; and said agent shall be removable at the pleas- 

ure of the governor by and with the advice and consent of the 
council. 
Warren bridge Sect. 5. As soon as Said Charles-river bridge shall be re- 
aiso to be re- paired and opened for public travel, in manner aforesaid, the 
agent of Warren bridge shall proceed forthwith to repair it in 
such thorough and substantial manner as shall be prescribed by 
Expense of Said coumiissioners ; and the expense of repairing said Warren 
doing so— bridge and of the commissioners aforesaid shall be paid from 
—how paid. ^^^^ Warren bridge fund ; and the governor is authorized to draw 

his warrants therefor. 
Concerning the Sect. 6. When Warren bridge shall be repaired in manner 
levying oi toMs, aforesaid, and be re-opened for public travel, the same rates of 
bridge. ° toll shall be levied and collected on said bridge as were granted 
to and received by the proprietors thereof according to their act 
of incorporation ; and the agent of Warren bridge is hereby au- 
thorized to appoint toll-gatherers and all other suitable persons, 
from tin)e to time, to collect and receive said toll, and to do all 
other necessary things in regard to said bridge ; and said agent of 
Warren bridge shall render to the governor and council a quar- 
terly account of his receipts and expenditures on account of said 
Annual report bridge, and an annual report to the legislature, similar to those 
concerning it to p,.Qyitjg(] for in relation to Charles-river brid^ie in the third sec- 

legislalure. • r i • 4 

tion oi this Act. 

Concerning Sect. 7. All tolls Collected on the Warren bridge, and all 

Warren bridge monies received on account of said bridge, after defraying the 

expenses of the collection thereof and the necessary repairs on 

said bridge, and all incidental charges on its account, shall be 

added to the Warren bridge fund. 

Boston and Sect. 8. The city of Boston and the town of Charlestown, 

Chariestown, or or either of them, are hereby authorized to assume the redemp- 

may assume ' tion of the scrip provided for in the first section of this act, and 

redemption of the maintenance and support of said Charles-river bridge and 

support'or'the Warren bridge, in such proportions as they may mutually agree 

two bridges on upon withiu the limitations and restrictions hereinafter provided, 

Uon^— *^°" ' vvlienever they, or either of the. n, shall determine so to do ; and 

said city and town, or either of them, are authorized to make and 

deliver a bond to the treasurer of the Commonwealth in form to 

be approved by the governor and council, binding said city and 

town, or either of them, as the case may be, to indemnify and 

save harmless the Commonwealth from all liability on account of 

the scrip aforesaid, and to keep and maintain both of said bridges 

in good repair as convenient free public avenues forever; and 

whenever such bond, conditioned and approved as aforesaid, 

shall be delivered to the treasurer of the Commonwealth, the 

—and may re- wliole of the Warren bridge fund which has been heretofore 

ren^Kidge fund, accumulated or may be hereafter accumulated by the provisions 

and the amount of this Act, and all tolls which may have been collected upon 

Sie'o^her "'^°" Charles-river bridge, according to the provisions of this Act, 



]841. Chap. 88—90. 375 

after defrayins; the expenses of the repairs and superintendence, bridge, after 

^ J „ii .1 • J . 1 /• 1 • J • certain deduc- 

and all other incidental expenses oi conducting and managing tions. 
both of said bridges, and after the redemption of the scrip afore- 
said, with the interest thereon, shall be paid over, on demand, to 
said city of Boston and the town of Charlestown, or either of 
them, in such proportions as they shall mutually agree upon; and 
the governor is authorized to draw iiis warrant therefor: provided, Proviso for the 
that whenever the tolls collected on both the said bridges shall "**'"S°f'° "• 
be sufficient to reimburse the Commonwealth for all the expenses 
of the repairs authorized to be made upon said bridge by this 
act, and all the current and incidental expenses of its superin- 
tendence and management, and for all sums paid or to be paid by 
the Commonwealth for the redemption of the scrip aforesaid, 
with the interest thereon, leaving a fund of fifty thousand dollars 
for the future support of the bridges, then the tolls on both said 
bridges shall cease. The term of time for receiving the toll in 
no case to exceed two years. 

Sect. 9. Tliis act shall take effect from and after its pas- Act to take im- 
sage. [Approved by the Governor, March 17, 1841.] mediate effect. 

An Act to repeal a certain Act authorizing the building of a Bridge over the Con- C/JiQp, 89. 
necticut River, and an Act in addition thereto. * * 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

A certain Act entitled an Act to incorporate a number of per- ^^'■'^'."^J'^''^ 

r 1 /• 1 -I !• I • I /^ • • passed iVlarcn 

sons lor the purpose ol building a bridge over Connecticut river, §, i808, and 
between Prindle's Ferry and Mill Brook in the town of North- J"ne 18 1812, 
field, in the county of Hampshire, passed on the ninth day of "^^^ 
March, in the year one thousand eight hundred and eight, and 
also an Act in addition thereto, passed on the eighteenth day of 
June, in the year one thousand eight hundred and twelve, are 
hereby repealed. [Approved by the Governor, March 17, 
1841.] 

All Act to authorize the Eastern Rail-road Company to extend their Wharves. ChctV, 90» 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Eastern Rail-road Company are hereby authorized to Line to which 
extend and maintain the wharves and docks now constructed, or mayVxtcnd. 
in the process of construction by said company, at East Boston, 
into the harbor channel as far as the line established by the Act 
entitled an Act concerning the harbor of Boston, passed on the 
seventeenth day of March, in the year one thousand eight hun- 
dred and forty, and shall have and enjoy the right and privilege 
of laying vessels at the sides and ends of said wharves, and 
receiving wharfage and dockage therefor : provided, that so Paft to be built 
much of said wharves as maybe constructed in said channel °" ^'^ ' 
shall be built upon piles, and that nothing herein contained shall 
in any way interfere with the legal rights of any person or per- 
sons whatever. [Approved by the Governor, March 17, 1841.] 



376 



1841, 



-Chap. 91—93. 



Chap. 91, 



Persons incor- 
porated. 



Estate. 



Chap. 92. 



Persons incor- 
porated. 



Estate. 



Chap. 93. 



Persons incor- 
porated. 



Estate. 



An Act to incorporate the Glendale Company. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Lewis Beach, James H. Royce, Samuel Wil- 
liams, their associates and successors, are hereby made a corpo- 
ration by the name of the Glendale Company, for the purpose of 
manufacturing cotton and woollen goods in the town of Stock- 
bridge, in the county of Berkshire, and for these purposes shall 
have all the powers and privileges, and be subject to all the 
duties, restrictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation may hold, for the purposes 
aforesaid, real estate to the amount of seventy-five thousand dol- 
lars ; and the whole capital stock of said corporation shall not 
exceed two hundred thousand dollars. [Jlpproved by the Gov- 
ernor, March 17, 1841.] 

An Act to incorporate the Suffolk Iron and Copper Foundry. 

BE it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Thomas Richardson, S. C. Burgess, and George 
K. Kimball, their associates and successors, are hereby made a 
corporation by the name of the Suffolk Iron and Copper Foun- 
dry, for the purpose of manufacturing iron and copper in the 
city of Boston, in the county of Suffolk ; and, for this purpose, 
shall have all the powers and privileges, and be subject to all 
the duties, restrictions and liabilities, set forth in the thirty-eighth 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may hold, for the p